RDBERTW. WOODRUFF FIBRARY COMPILATION OF THE LAWS OF THE STATE OF GEORGIA, PASSED BY THE GENERAL ASSEMBLY, SINCE THE YEAR 1819 TO THE YEAR 1839, INCLUSIVE COMPRISING ALL THE LAWS PASSED WITHIN THOSE PERIODS, ARRANGED UNDER TITLES, WITH MARGINAL NOTES, AND NOTES OF REFERENCE TO THE LAWS OR PARTS OF LAWS WHICH ARE AMENDED OR REPEALED. .TO WHICH ARE ADDED, SUCH CONCURRED AND APPROVED RESOLUTIONS AS ARE EITHER OF GENERAL, LOCAL, OR PRIVATE NATURE. CONCLUDED WITH A FULL AND AMPLE INDEX TO THE LAWS, AND , SEPARATE ONE TO THE RESOLUTIONS. BY WILLIAM C. DAWSON/ OF GREENSBORO. MILLEDGEVILLE : PUBLISHED BY GRANTLAND AND ORME. 1831. h To his Excellency GEORGE R. GILMER, Governor and Commander-in-Chief of the Army and Navy of this State, and of the Militia thereof:— I have the honour of reporting to your Excellency a Compilation of the Laws of Georgia, for your approval or dis- approval, by authority conferred on me by the General Assembly of this State, at the annual session, in the year eighteen hundred and twenty-eight. The Compilation now presented contains the Laws of this State, passed since the .year eighteen hundred and nineteen, and the concurred and approved Resolutions, excluding such only as related to Elections by the General Assembly, to the year eighteen hundred and twenty-nine, inclusive, compiled and arranged in conformity to an Act passed 12th day of December, 1809, prescribing and directing the manner of compiling and arranging the Laws and Resolutions of this State. I have the honour to be, very respectfully, WILLIAM C. DAWSON. Milledgeville, May 31, 1830. Milledgeville, Dec. 2, 1828. We certify, that William C~ Dawson was this day elected Compiler of the Laws of Georgia. IRBY HUDSON, Speaker. THOMAS STOCKS, President. Monday, May 31, 1830. William C. Dawson, Esq., elected by the Legislature to compile and arrange the Laws and Resolutions passed by the General Assembly of Georgia since the year 1819, up to 1829, inclusive, agreeably to an Act of the Legislature, having reported to this department a Compilation made by him under the authority aforesaid, it is Ordered, That Col. Samuel Rockwell, Col. Everard Hamilton, Gen. D. B. Mitchell, and Iverson L. Harris, Esq. be, and they are hereby appointed Commissioners to examine the same, and to compare the said Compilation with the original Laws and Resolutions in the Secretary of State's office, and report to the Executive their opinion of the accuracy of said Compilation, with as little delay as possible. Thursday, June 3, 1830. Ordered, That William Y. Hansell, Esq. be, and he is hereby appointed a Commissioner, to examine, in conjunction with the Commissioners already appointed, a Compilation of the Laws of Georgia, made by William C. Dawson, Esq. by authority of an Act of the Legislature, and to report to the Executive the result of such examination with as little delay as possible. Taken from the records and files of the Executive Department, and attested by me, the 14th June, 1830. E. H. PIERCE, Secretary E. D. Executive Department, Georgia, Milledgeville, June 16, 1830. Whereas by an Act passed the 12th day of December, 1809, entitled " An Act to compile and arrange the Laws and Resolutions of this State, passed since the 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 concurred and approved Resolutions (except such as relate to elections by the General Assembly), and every tenth year thereafter, shall be compiled, arranged, and printedAnd 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 William Crosby Dawson, Esq. was, by joint ballot of both branches of the Legislature, in conformity w^h the before in part recited Act, on the 2d day of December, 1828, duly elected to compile and arrange the Laws of tliis State, in pursuance of the said Act; And whereas the said William Crosby Dawson hath presented to me a Compilation of the Laws and Resolutions of this State, made in conformity to said Act, which Compilation was, by Executive order of the 31st of May last, submitted to the inspection and examination of David Brydie Mitchell, Samuel Rockwell, Iverson L. Harris, Everard Hamilton, and William Y. Hansell, Esqs., who have reported thereon as follows—to wit: "We, the undersigned Commissioners appointed by your Excellency, by an Executive order of the 31st ultimo, to ex- amine the Compilation of the Laws and Resolutions of the General Assembly of Georgia, since 1819, executed by William C. Dawson, Esq., by authority of the Legislature, respectfully report to your Excellency, that we have carefully examined each Law and Resolution contained in the Compilation, with the originals on file in the office of the Secretary of State, and that the same are now correct transcripts of the said originals. " The Compiler has arranged the several Laws under their appropriate titles, and has subjoined useful marginal notes, and references to laws and parts of laws subsequently repealed, and to the whole he has added an excellent Index; these we have also carefully examined, and take great pleasure in bearing our testimony to the scrupulous fidelity and great ability evinced in the execution of the trust confided to him." Now, Know Ye, Legislators, Judges, Citizens, and People of Georgia, that I, George R. Gilmer, Governor thereof, in conformity with, and in obedience to, the afore-mentioned Act, do, by these presents, approve of the aforesaid Compilation of the Laws of this State. GEORGE R. GILMER. TO THE READER repealed, amended, altered, &c. The Compiler, having discharged the trust reposed in him by the General Assembly of the State, presents to the public the Laws of the State of Georgia, from the political year 1819 to 1829, inclusive, as also all concurred and ^ approved Resolutions passed by the Legislature within that period, whether of a general or particular character, ® or of a public or private nature. u. O He has placed under appropriate titles, so far as his authority allowed him, the Laws; and to every Act, public 3 or private, with a view to aid and facilitate the inquirer, he has annexed in the margin, notes containing the sub- >- stance of each section of the laws; and he has also made frequent notes, by way of reference, to such acts as are u ui 0 3 By reference to the-Index, it will be found he has first taken up the subject of any law or laws, as to the operation y and effect generally,—then as to their private, personal, or local operation or application: for example, under the ^ head of " Academies," he will find first the substance of the law regulating the general literature of the State, and ^ the whole subject of the Academic Fund, &c. &c., then the local or particular legislation, according to the enact. J ments for each county; and all the counties arranged in alphabetical order. The Compiler has so arranged the ^ Index, hoping to place it fully in the power of the examiner to find the matter desired. This has been done in Z order to disunite, as far as the Compiler had authority so to do, the general from local, public from private p enactments. < z The Acts are allnumbered, and' compiled under their respective titles chronologically; and the Resolutions 1 arranged according to the years in which they passed, and are also numbered, with a separate Index and paging. I- >- ta Q Z D O TITLES CONTAINED IN THIS BOOK. 1. ACADEMIES (including the Laws regulating Education generally). 2. APPROPRIATIONS. 3. BANKS. 4. BURYING-GROUNDS. 5. CANALS (including Law relating to Internal Improvement, &c.) 6. CENSUS. 7. CHURCHES. 8. CLERKS. 9. CONSTITUTION. 10. COUNTIES. 11. DIVORCES. 12. ELECTIONS. 13. ESTRAYS. 14. INCORPORATIONS. 15. INDIANS. 16. JUDICIARY LAWS, including 17. TIMES OF HOLDING COURTS. 18. JURISDICTION. 19. LANDS. 20. LAND LOTTERIES. 21. LOTTERIES. 22. MILITARY. 23. MINES. 24. PENAL CODE. 25. PENITENTIARY. 26. PHYSICIANS. 27. POOR. 28. PUBLIC OFFICERS. 29. QUARANTINE. 30. RELIEF LAWS (including Private Acts, Ac.) 31. REPRESENTATION. ' 32. RIVERS (including Navigation). 33. ROADS, BRIDGES, AND FERRIES. 34. SHERIFFS (including Ministerial Officers). 35. SLAVES (including Free Persons of Colour). 36. TAXES AND EXTRA TAXES. 37. TOPOGRAPHICAL ENGINEER. 38. TOWNS (including Cities). 39. UNIVERSITY. 40. USURY. LAWS * OF THE STATE OF GEORGIA. [No. 1.] Trustees of the Greene County male and female aca- demies au- thorized to raise by lot- tery $3000. How ap- plied. ACADEMIES. AN ACT to authorize a Lottery for the benefit of the Male and Female Academy of the Town of Greens- borough, in Greene County. Be 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 Trus- tees of the Greene County Male and Female Academies, for; the time being, or their successors in office, be and they are hereby authorized to raise the sum of three thousand dollars by Lottery, whieh sum, or any part thereof, when so received, shall be applied by said Trustees, or their successors in office, to the exclusive use, benefit, and promotion of the interests of said Institutions—any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 13th December, 1320. JOHN CLARK, Governor. [No. 2.] AN ACT to exempt from Taxation the Real Estate be- longing to the Academies of this State. estate of£a' it enacted by the Senate and House of Representa- theacade- tives of the State of Georgia, in General Assembly met, state'free'3 and it is hereby enacted by the authority of the same, That tion1 taxa~ k°m an<^ immediately after the passing of this act, all the real estate belonging to, or attached to the different Academies of this State, shall be exempt from taxation, together with all such Academies as may hereafter be established—any [law] or usage to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 18th December, 1820. JOHN CLARK, Governor. [No. 3.1 AN ACy* to alter and change the mode of appointing Commissioners of Academies, so far as respects the County of Effingham, and to compel their Treasurer to give Security to said Commissioners. amongCithe it etiacted by the Senate and House of Representa- commis- tives 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 passage of this act, all va- cancies, which now are, or may hereafter happen, in the Board of Commissioners of the Effingham Academy, shall sioners of Effingham Academy to be filled by the Grand Jury. be filled by the Grand Jury of said county, at the first term of the Superior Court of said county after such vacancy shall happen ; or at any term thereafter, by ballot or other- wise, as they may think proper. § 2. And be it further enacted, That it shall be, and is Commis- hereby made the duty of said commissioners to lay before lay before the Grand Jury, at the first term of the Superior Court of j^™nd. said county in each and every year, a full and correct state- ally acor- ment of the situation and investment of the funds of said memof6" institution, in such manner and form as they may think ,heirfundi! proper, or the said Jury may from time to time direct; and the said return shall be delivered by the said jury to the Clerk of said court, and remain in his office until the first Monday in October, when it shall be the duty of said clerk to deliver the same to the Senator of said county, to be laid ^ by him before the Senatus Academicus when thereunto re- senatus e- quired. ^uCsademl" § 3. And be it further enacted, That the said commis- commis- sioners be, and they are hereby required to appoint one of mayTp- their own board as Treasurer, and to take good and suffi- cient security for the faithful performance of the duties re- from their quired of him, in such manner as will effectually secure the anVdreqmre said institution against any loss which might happen by his a misconduct. § 4. And be it further enacted, That all laws and parts of a®P®g,ing laws which militate against this act be and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 13th December, 1820. JOHN CLARK, Governor. * See Act (No. 29) repealing this Act. AN ACT to authorize and make it lawful for the Trus- tees of the Richmond Academy to convey to the Di- redresses of the Augusta Female Asylum and their successors in office, a lot of the unappropriated ground within the city of Augusta, owned by said Trustees, for the purpose of erecting a building for the accom- modation of such poor children as may come under their protection. § 1 .Be it enacted by the Senate and House of Representa- tives 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, it may and shall be lawful for the Trustees of Richmond Academy to convey to the Directresses of the Augusta Female Asylum, and their successors in office, any lot of land which by them may be deemed advisable, now owned and possessed by said Trustees, within the limits of the city of Augusta, for the purpose of erecting a building for the accommodation of [No. 4.] Trustees of Richmond Academy authorized to convey to the Di- rectresses of the Au- gusta Fe- male Asy- Ium, any lot of land owned by them, 6 ACADEMIES.—1821. such poor children as may come under their protection, any the purposes aforesaid, they shall revert to, and become the law, usage, or custom to the contrary notwithstanding. - property of the state. DAVID WITT, DAVID WITT, Speaker of the House of Representatives* Speaker of the House of Representatives. MATTHEW TALBOT, MATTHEW TALBOT, President of the Senate. President of the Senate. Assented to, 21st December, 1820. Assented to, 16th May, 1821. JOHN CLARK, Governor. JOHN CLARK, Governor. at Salem Meeting- House to be called Prospect Academy. {No. 5.] AN ACT to incorporate an Academy in the County of Oglethorpe, by the name, and to be called Prospect Academy. The school jt?e ^ enacted by the Senate and House of Representa- tires of the State of Georgia, in Genkral Assembly met., and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the school now in operation in said county, at Salem Meeting- house, shall be known and called in future by the name of Trustees Prospect Academy; and that Thomas Dunn, Joseph Gar- antTincor-* lington, Richard Haynes, Woody Jackson, and Cuthbert porated. Collier, and their successors in office, be, and they are, hereby declared to be, a body politic and corporate, by the name Their style, and style of the Trustees of Prospect Academy; and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Academy ; Provided such by-laws and regulations are not repugnant to the laws and constitution of this State: And for that purpose, may have and use a, common seal, appoint such officers as they may think pro- per, and remove the same from office for improper conduct or neglect of duty. § 2. And be it further enacted, That the said Trustees shall be capable of accepting, purchasing, and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them, or their successors in office, to have and to hold the same to, and for the proper use, benefit, and behoof of said Academy. § 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the Trustees of said Academy, the survivors, or remaiiiing Trustees, shall filbsuch vacancy in such manner as shall be pointed out by the by-laws and regulations of the Trustees aforesaid, or in such manner as may be deemed proper by a majority the survivors or remaining Trustees ; and a majority of such Trustees shall be at all times competent to the transaction of the concerns of said institution. - DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the" Senate. Assented to, 18th December, 1820. JOHN CLARK, Governor. May sue andbesued Make by- laws, &c. Proviso. May use a common seal, ap- point offi- cers, &c. May be in- vestedwith property. Vacancies how filled. competent to do busi AN ACT to incorporate the Academy at Mallorysville, in the County of Wilkes. . § 1^ Be it enacted by the Senate and House of Represen- tatives 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 passage of this.act, the Academy at Mallorysville, in the Coqnty of Wilkes, shall be called and known by the nanie of the Mallorysville Academy, and that William Mallory, Lemuel Wootten, Thomas Barnes, David Callaway, Thompson Watkins, George Wynn, John Nickels,, and Benjamin Wootten, and their successors in office, be, and they are hereby declared to be, a body politic and cor- porate, by the name and style of the Trustees of the Mai- lorysville Academy, and as such shall be capable and liable in law. to. sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said Academy; Provided such by-laws are not repugnant to the constitution and laws of this State ; And for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper con- duct or neglect of duty. < § 2. And be it further enacted by the authority aforesaid,- That the said Trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities what- soever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their sue cessors in office, to have and to hold the same for the proper benefit and behoof of said Academy. § 3. And be it further enacted by the authority aforesaid, That when any vacancy may happen, by death, resignation, or otherwise, of any of . the Trustees of the Academy at Mallorysville, the survivors, or remaining Trustees, shall fill the same in such manner as shall be pointed out by the by- laws and regulations of the Trustees aforesaid. " DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 3d December, 1821. JOHN CLARK, Governor. [No. 7.] Name of the aeade- my. Trustees of Mallory s- villeAcade- my nomi- nated and incorpora- teU—their style. . May sue. and be sued, make by- laws, &c. Proviso/ * May use a seal, ap- point offi- cers. May hold property, Vacancies how filled [No. 6.] A square of lots in Mil- ledgeville conveyed totheTrus- tees of the Academy. If the lots are aban- doned, to revert to the State. AN ACT to convey to the Trustees of the Milledgeville Academy four lots of ground. § 1. Be it enacted by the Senate and House of Repre- sentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the square of lots, number sixty-nine, in the town of Mil- ledgeville, be, and the same is hereby conveyed to the Trustees of the Milledgeville Academy and their successors in office, to be held, improved, and used by them as a site for an Academy, and for no other purpose. § 2. And be it further enacted, That whenever said lots herein conveyed shall be abandoned by said Trustees for AN, ACT* to incorporate-the Academy of Glynn County. § 1. Beit enacted by the Senate and House of Represen- tatives of.the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Boyd, Henry Dubignon, James , Moore^ Isaac Abrahams, and John Gignialat, are appointed, and they and their successors in office shall be, and are hereby declared to be, a body corporate, by the name and style of the Trustees of the Glynn County Academy, with the privilege of having and using a common seal. - § 2. And be it further enacted by the authority (foresaid, That the;said Samuel Boyd, Henry Dubignon, James Moore, Isaac Abrahams, and John Gignialat, and their successors • Bee Act (No. 158) authorizing the sale of the Academy building. [No. 8.] Trustees of GlynnAca- demy ap- pointed and incoruora- ted. Said Trus- tees may appropri- ate the , funds of said insti- lution. ACADEMIES.—1821. 7 in office, or a majority of them, are hereby authorized and " the Trustees of Union Academy," with the privilege of May use a empowered to appropriate, in the manner they may think having and using a common seal. sea?mon best calculated to promote the interest of the aforesaid in- § 2. And be it further enacted by the authority aforesaid, bIa,y stitution, and to erect suitable4'edifices for the education of That the Trustees aforesaid, and their successors in office, &c.aW8' youths, all moneys and specialties belonging, or in anywise or a majority of them, or the authority now empowered or appertaining to the said institution. that may hereafter be empowered by the constitution, laws, § 3. And be it further enacted by the authority aforesaid, and regulations of said institution, are hereby authorized to &c. ' That the aforesaid Trustees and their successors in office, make such by-laws, rules, and regulations as they may deem or a majority of them, are hereby authorized to make such necessary and proper for the government and benefit of said by-laws and regulations as may be necessary for the govern- institution, subject to such alterations and amendments as a Proviso, ment of said Academy; Provided that such by-laws and majority of the Trustees, or the authority aforesaid, may regulations be not repugnant to the constitution and laws of from time to time ordain and establish ; Provided such by- proviso. May hold the State : And that they shall be invested with all manner of laws are not repugnant to the constitution and laws of this accept^' property, both real and personal, all donations, gifts, grants, State : And they shall be invested with all manner of pro- Maybe in- gifts, &c. privileges, and immunities whatsoever, which may belong to perty both real and personal, all donations, gifts, grants, pri- property.lth said institution by virtue of this act, or which may hereafter vileges and immunities, which have heretofore been, or may be made, conveyed, or transferred to them or their succes- hereafter be made, conveyed, or transferred to them or their sors in office, to have and to hold the same for the proper successors in office, to have and to hold the same for the use, benefit, and behoof of the said Academy. proper use, benefit, and behoof of said Academy. andbeUe § 4. And be it further enacted by the authority (foresaid, § 3. And be it further enacted by the authority aforesaid, ^yb®ue saed, &c. That the Trustees aforesaid, and their, successors in office, That the Trustees above mentioned, and their successors in sued, shall be, and they are hereby declared to be, capable of office, shall be and they are hereby made capable of suing suing and being sued, impleading and being impleaded, and and being sued, impleading and being impleaded, and of of using all necessary and lawful means for recovering or using all necessary and lawful measures for recovering or defending any property, debts, or demands whatsoever, which defending any property, debts, or demands, which they may they may claim or demand in right of said institution, and claim in behalf of said institution. also of receiving the rents, issues, and profits of the same, or § 4. And be it further enacted, That when any vacancy vacancies., any part oir parcel thereof. * may happen by death, resignation, or otherwise, the vacancy totalled § 5- And be it further enacted by the authority aforesaid^ shall be filled in such manner as is or shall be pointed out within That should any vacancy happen by the death or resignation by the constitution and laws of said institution, and a majo- months. any Trustees of the Glynn County Academy, rity of the said Trustees shall be at all times competent to hereby authorized and established, it shall be filled in such the transaction of the concerns of said institution, manner as a majority of the successors shall point out in DAVID ADAMS, their regulations, at their first meeting after the passage of Speaker of the House of Representatives, this act,, or,at any time thereafter : Provided that the same MATTHEW TALBOT, shall not exceed three months. President of the Senate, ma^dect § 6. And be it further enacted by the authority aforesaid, Assented to, 15th December, 1921. aTreasu- That the said Trustees shall have power to elect a Treasurer, JOHN CLARK, Governor. Treasurer w^° §*ve b°nd an(^ approved security to the said londVe Board of Trustees for the time being, and their successors AN ACT to incorporate the Clinton Academy, in Jones [No.lO.] on ' in office, in the sum of ten thousand, dollars, for the faith- County. ful discharge of the trust reposed in him. § 1. Be it enacted by the Senate and House of Represen- ^adenf dause!'n° § And be it further enacted by the authority aforesaid, tatives of the Stale of Georgia, in General Assembly met, Ca emy That all laws, or parts of laws, militating against this Act, and it is hereby enacted by the authority of the same, That be and the same are hereby repealed. from and immediately after the passage of this Act, the DAVID ADAMS, Academy in Jones County, now known by the name of Speaker of the House of Representatives. Clinton Academy, shall be known and called by that name, MATTHEW TALBOT, and that James Smith, Gustavus Hendrick, Samuel Lowther, Trustees of President of the Senate. Charles J. M'Donald, and Henry G. Lanar, and their sue- Academy Assented to, 3d December, 1821. cessors in office, be, and they are hereby declared to be, a ^pp01!^ JOHN CLARK, Governor, body politic and corporate, by the name and style of " the grated. Trustees of Clinton Academy," and as such shall be capable TMn Q1 aIvt act * • * n ' a j n * and liable in law to sue and be sued, plead and be impleaded, Torae and lJ\o. .J AN ACT to incorporate Lnion Academy, in the County anj sjlajj |)e authorized to make such by-laws and regula- May make of Putnam. tions as may be necessary for the government of said Aca- &c!aws> Preamble. Whereas, by the promotion of Literary Institutions, it is demy ; Provided such by-laws are not repugnant to the con- Proviso. believed that thfe public'is benefited ; and whereas it com- stitution and laws of this State : And for that purpose may f0aJ^n ports with the genius pf our government to promote and have and use a common seal, appoint such officers as they seal, and encourage all Literary Institutions ; and whereas some sub- may think proper, and remove the same from office for im- Xcers! scriptions-have been raised by certain citizens of Putnam proper conduct on neglect of duty. County, for the purpose of establishing a seminary of learn- § 2. And be it further enacted by the authority aforesaid, ing: That the said Trustees shall be capable of accepting and property. Trustees of § 1. Be it therefore enacted by the Senate and House of being invested with all manner of property real and personal, Acaflemy Representatives of the State of Georgia, in General Assembly all donations, gifts, grants, privileges, and immunities what- and^incor- met> an(^ ^ ™ hereby enacted by the authority of the same, soever, which may belong to said institution, or which may porated. That Iddo Ellis, William Walker, William Alexander, Wil- hereafter be conveyed or transferred to them or their sue- liam Turner, William E. Adams, Zaccheus Butler, and cessors in office, to have and to hold the same for the proper Hardy Pace, be, and they are hereby appointed, Trustees of benefit and behoof of said Academy, an Academy established in the County, of Putnam, and they § 3. And be it further enacted by the authority aforesaid, and their successors in office shall be, and they are hereby That when any vacancy may happen by death, resignation, Their style declared to be, a body corporate, by the name and style of or otherwise, of any of the Trustees of said Academy, the AC ADEMIE S.—1821. survivors of a majority of said Trustees, shall fill the same in such manner as shall be pointed out by the by-_lawsr and regulations of the Trustees aforesaid. DAVID ADAMS, Speaker of the House of Representatives. ' MATTHEW TALBOT,' President of the Senate. Assented to, 15th December, 1821. JOHN CLARK, Governor. Name of the Aca- demy. [No. 11.] AN ACT to incorporate the Hebron Academy, in Jasper County. § 1. Be it enacted by the Senate and House of Repre- sentatives 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 passage of this act, the Academy in Jasper County, now known by the.name of Hebron Academy, shall be known and called by that~hame ; Trustees of an(i that Jarrel Beasley, Robert Sharman, James Hunter, Academy Thomas Rivers, and John Rivers, and their successors in amMncor- °®ce» be, and they are hereby declared to be, a body politic and corporate, by the name and style of the Trustees of § 2. And be it further enacted, That the Trustees shall be May l"old capable of accepting and holding all manner of property, ' both personal and real, and all bequests, gifts,-and donations, privileges, and immunities whatsoever, which may belong to said institution, or which may be hereafter made or trans- ferred to them or their successors in office ; and that tbey, Make by. or a majority of them, or their successors in office, are hereby aws'&c- authorized to make /such by-laws and regulations as they may deem expedient; Provided such by-law# and regula- Proviso, tions aforesaid, be. not repugnant to the constitution arid laws of this State,"or of the United States. . ■ , ; § 3. And be it further enacted, That should any vacancy Vacancies happen by-death, removal,^resignation, or otherwise^ of the how filled Trustees-of Hermon Seminary, hereby established, it shall be filled, in such manner as the remaining Trustees, or a ma- jority of them, shall think proper. David Adams, Speaker of the House of Representatives. MATTHEW TALBOT, - *• " - President of the Senate., Assented to, 24th December, 1821. . ; ~ JOHN CLARK; Governor. Have a common sea), and appoint officers. May hold property, Hebron Academy, and as such shall be capable and able in be°sSuedand *a^ to sue an<* be suec*> plead and be impleaded; and shall &c. ' be authorized to make such by-laws and regulations as may faws^&c" he necessary for the government of said Academy ; Provided Proviso, such by-laws are not repugnant to the constitution and laws of this State: And for that purpose may have and use a Qom- mon seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. § 2. And be it further enacted by the authority aforesaid,- That the said Trustees shall be capable of accepting and being invested with all manner of property, real and per- sonal, all donations, gifts,, grants, privileges, and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said Academy. , § 3. And be it further enacted by the authority (foresaid, That when any vacancy may happen, by death, resignation, or otherwise, of any of the Trustees of Hebron Academy, the survivors, or remaining Trustees, shall fill the same, in such manner as shall be pointed out by the by-laws and re- gulations of the Trustees aforesaid. DAVID ADAMS, # Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 15th December, 1821. - JOHN CLARK, Governor. Vacancies* [No. 12.] AN ACT to incorporate an Academy, to be knowrt by. the name of Hermon Seminary, in the County of Oglethorpe. " " - § 1. Be it enacted by the Senate and House of Repre- sentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Jack Lumpkin, Adiel Sherwood, John Mercer, Woody Jackson, Isham Goss, Benjamin Blanton, Christopher Bowen, and George LumpTun, are""appointed, and they and their successors in office shall be, and they are hereby de- Their style, clared to be, a body corporate,, by the name and style of the Trustees of Hermon Seminary, in Oglethorpe County.; -Etnd as such body politic, shall be capable of suing and being sued, and of doing all other acts which may be necessary to the execution of thri trust confided in. them; and for that purpose 'they may have and use a common seal, appoint such officers as they may think proper, and remove them for misconduct or neglect of duty. Trustees of Hermon Seminary nominated and incor- porated. Their powers. AN ACT* to amend so much of an Act entitled, " An Act to vest the appointment of Commissioners of Acade- mies, Vendue Masters, Notaries Public, and Lumber Measurers, in certain persons therein mentionedso ' far as relates to the election of Trustees of the Greene . County Academy. • § 1. Be it enacted by the Senate and House of Repre- sentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Trustees of Greene County Academy shall bq elected On the Tuesday , after the first Monday in January next, by the commissioners of the corporation of Greensborough, and every second Monday in December thereafter. § 2. And be it further enacted, That should it so happen, that such election of said Trustees should not take place at the time provided , by this act, then the Trustees previously appointed shall continue to act until such, election shall be had at the next annual period herein before designated for such election. . / ^ ' § 31 And be it further enacted, That in case of death, re- signation, or refusal to serve of any person elected Trustee, such death, resignation," or refusal shajl be notified by the remaining Trustees to the said commissioners, who shall, as soon as~conveniently may be, proceed to fill such vacancy. § 4. And be it further enacted, That a majority of said commissioners shall be sufficient to proceed to the election of such Trustees f in .which election the person or. persons having the highest' nurriber of votes shall be considered as duly elected. § 5. And be it further enacted, That so much of the above recite J act as militates against this act be and the sam£ is hereby repealed. " " '1. DAVID ADAMS, _ - Speaker of the House of Representatives. * MATTHEW TALBOT, President of the Senate. Assented to, 21st December, 1821" ~ JOHN CLARK, Governor. AN. ACT appropriating' the fines- crnd forfeitures ari- sing from criminal prosecutions, in the county of Co- lumbia and county of Jones, to the use and benefiiof said county Academies. § 1. Be it enacted by the Senate and House of Representa- * Quere.—See Act No. 29- Does not that Act repeal this ? [No. 13.] Trustees of the Greene County Academy to he elect- ed by the Commis- sioners of the Corpo- ration of Greens- boro. Provision in case so! should take place at the time pre- scribed. Vacancies how filled. A majority ofCommis* sioners competent to elect Trustees. Repealing clause. ACADEMIES.—1S2L 9 Fines and forfeitures in criminal prosecu- tions, inthe counties of Columbia and Jones, vested in the Com- missioners of said County Academies. Said fund how ap- plied. Commis- sioners to lay an ac- count of their funds before the 'Grand Jury annually. Repealing clause. tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the samex That from and immediately after the passing of this act, all fines and forfeitures arising from criminal prosecutions, on the criminal side of the courts of said counties, and all other penalties and forfeitures, whether arising from bonds to prosecute, or bonds for the appearance of any offender, or any other violation of the penal statute of this state within the said counties of Columbia and Jones, be and the same is hereby vested in the commissioners of said county acade- mies, and any money arising from any forfeitures as afore- said, the officer or person holding the safne is directed to pay the same within one-month after the receipt thereof to themommissioners of said academies, to be applied to. the use and benefit of said county-academies: Provided, that all costs arising from said prosecutions, be first paid to the officer collecting the same. § 2. And be it further enacted-, That the said commission- ers shall- annually make a report to the grand jury of said countie^of all the moneys drawn and applied as herein be- fore specified to be filed in the clerk's office of the Supe- rior Court of said counties. § 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed.- D4V1D-ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 25th December, 1821. JOHN CLARK, Governor. mine and make full and aCcUPate report to the next Legis- lature of the amount received by said counties respectively, in confiscated property or other endowment; and when such returns are made, and information obtained, the divi- dends yielded by the one half of the school fund aforesaid, shall be apportioned and paid semi-annually to the several counties, as a future legislature may direct. § 5. And be it further enacted by the authority aforesaid, That it shall be the duty of all Trustees, Commissioners, Courts, or Agents, receiving any portion of the funds afore- said, to keep regular statements and entries of the manner in which the same may be disbursed, and make an annual return thereof to the Senatus Academicus on the second Monday in November. § 6. And be it further enacted by the authority aforesaid, That nothing in this act contained shall be so construed as to prevent any future General Assembly from, altering or repealing-this act, or any part thereof. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 21st December, 1821. JOHN CLARK* Governor. When re- turns are made, the dividends of one-half the School Fund to be paid semi- annually. Regular re- turns of the amount ie- ceived and disbursed to be made to the Se- natus Aca- demicus. Subject to be altered or repealed by a future legislature. §500,000 set apart; One-half for Free Schools, one-half •for County [No. 15.] AN ACT for the permanent' endowment of County Academies, and to increase the funds heretofore set apart for the encouragement and. support of Free Schools, and for tfie internal improvement of the State. §1. Be it enacted by the Senate and House of Representor lives of the State of Geo-rgia, in General Assembly: met, and it is hereby enacted by the authority of the same, That the sum of -five hundred thousand dollars, be and the same Academes, is hereby set apart,' the one half/for the support and en- couragernent of free schools, and the other half for the per-. 6500,000 manent endowment of county academies ; and the further iniprove-31 of five hundred thousand dollars be and the same is ment. hereby set apart for the internal ^improvement of the State. The School § 2. And be it further enacted by the authority aforesaid, what to be That t!ie sa>d sum of .five hundred thousand dollars, first composed.| above named, shall be"denominated- the School Fund, and shall be composed of two hundred thousand dollars of the stock of the Bank of Darien, two hundred thousand dollars of the stock of the. State Bank, and one hundred thousand dollars of the Bank of Augusta. The fund to be denomi- nated the Internal Improvement Fund shall be composed of one hundred thousand dollars heretofore vested in stock of the Steamboat Company, one hundred and twenty:five thousand dollars in stock of the Bank of Darien* two hua- dred thousand dollars in Stock of the State Bank, and seventy-five thousand dollars in stock .of . the Planters' Bank.- The hue-'6 § 3. And be it further enacted by the authority aforesaid, sums"niyd That the principal, sums set apart as aforesaid shall at nb ^ied ap" ' t'me' or any PurPbse, be appropriated or used : but the pie ' interest arising thereon shall be applied to the purposes herein before mentioned, as the legislature may from time io time direct. Reports to § 4. And be it further enacted by the authority aforesaid, the amount That it shall be the duty of the Treasurer, Comptroller- thediffer-'^ genera^> Trustees or Commissioners of county academies, ent Coun- and the Inferior Courts of the several counties within this Ues- State, together with the Senators of said counties, to exa- B Internal" Improve- hient Fund of what AN ACT* to appoint Commissioners fcrr the County [No. 16. Academies of Walton, Gwinnette, Hall, Habersham, Rabun, Warren, and Pulaski, and to incorporate the same. § 1. JBe it enacted by the Senate • and House of Repre- sentatives 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, Elisha Betts, Vincent Haralson, William Johnston, Timothy C. Woods, and Wilson Whatley, are hereby declared commis- sioners for the county academy of Walton ; William Tow- ers, William Twiner, William Maltby, Thomas Worthey, and Jacob R. Brooks, for the county academy of Gwinnette ; Stephen Reed, David H. M'Cluskey, William Cobb, John M'Connell, Sen'r., and Bartimas Reynolds, for the county acatdemy of Hall; Ebenezer Fane, Hudson Moss, Joseph Whitehead, James Hudgins, and. Charles Baker, for the county academy of Habersham; JChesley M'Kinzie, An- drew Miller, and James Dillard, for the county academy of Rabun ; Uohn Butts, Peyton Baker, Chappel Heath, John W. A. Petit, and.Grigsby E. Thomas, commissioners for the county academy of Warren ; Hardy Vickers, James Bracewell, Elijah Farnall, Furney F. Gatlin, and George G. Gaines, commissioners for the Pulaski county academy ; and that the commissioners as aforesaid named, are hereby declared to be bodies politic and corporate, by the name and style of the commissioners of the county academies as aforesaid ; and such bodies politic shall be capable of suing and being sued, and buying such number of acres of land as they or a majority of them may deem expedient for the erec- tion and convenience of such county academies, and of doing all the acts which may be necessary to the execu- tion.of the trust confided to them ; and for that purpose may have and use a common seal, and appoint such officers as they may think proper, and remove the same at pleasure. § 2. And be it further enacted by the authority aforesaid, That the said commissioners shall be capable of accepting all bequests, gifts, and donations which may hereafteP be bestowed upon them, and shall hold the same according to the conditions contained in such donation or bequest; and for collecling and laying out or disposing of any moneys or debts which may become due the said institutions, either * Hall. See (No. 16) Fines and Forfeitures to go to. (No. 140) Trustees added. —Pulaski. '(No. 26} Commissioners appointed. (No. 40) Act amended. Commis- sioners no- minatedfor Walton Academy. For Gwin- nette Aca- demy. For Hall Academy. For Haber- sham Aca- demy. For Rabun Academy. For War- ren Acade- my. For Pulas- ki Acade- my. Incorpo- rated. Their style. To sue and be sued, buy land, &c. Use a com- mon seal, appoint officers and remove them. May accept bequests] and other property, and hold the same., I0 ACADEMIES.—1822. • to fin va- for tuition or otherwise; and also to fill all vacancies that •. AN ACT to incorporate the Trustees of Salem Academy, [No. I'8, cancies. may happen in their respective bodies. - . in Clarke, County. , " Fines, &c. § 3. And be it further enacted by the authority aforesaid, * u Be it Enacted by the Senate and Home of Repre- Trustee,, SKST* That all fines and forfeitures, arising, from prosecutions on ^twe^of iW Stale of Georgid, in Geiierat Assembly 1 23r&» c"m S1n- A of saiduco°ntles.' .'"J1 Also ^ ah4 u% :hera ma^ei t sthe .autUrUy of the iKfSt f" ?thfr Pena1"®3 »nd forfeitures, whether arising from THat Jo8eph T^pley john Floyd, Reul,en Tucker, Stephfen 2S£? bonds to Prosecu««' « bonds for the appearance of any Hester; Jortn Williams, Samuel Hestet, Edwafd L. Thomas, iZ&tH Sf,nder;r a?y-A y- 'r°w *£ ""J6?*1 S,'atUll ?,£ SlS William Clarke, George Hayes, Joseph Smith, James Knott, . ,pe„u«i,. State, within said counties of Walton Gwinnette, Hall, H»- and John Simmons^be, and theyire hereby 'created andinade , bersham, Rabun, Warren, and P.ulaski, be and the same is:, a bod -0[itb. and corporate, having, perpetual succession hereby vested in the commissioners as aforesaid of the by thename and'style of ^ the.Trustees bf the Salem Acade- The™, county academies, as aforesaid named, in relation tov.their and by that name and style are hereby made able and ■ respective appointments and any moneys arising from any capable:inlaw -to, haVe,; purchase, receive, possess, enjoy- ToreMiw The officer forfeitures as aforesaid, the officer or person holding the, and. retairi, to them and to' their successors, lands, lents, andhol(L sametopay same is directed to pay over the same, within one month, tenements,goods,. chattelsXand effects, of what kind, oature, ff"'' onenwntlT a^er ^ co^ect'on thereof to the commissioners of his Te- or^quality soever, and the same to sell, alien,' demise", or ' spective county academy, and that all costs arising from, dispose offio..sud>bd' be sued,-plead and' be 'impleaded, Sueudt, such prosecutions be first paid; any law to the contrary apt- answel. and be answered, in courts of record or other places;8Ued' withstanding. n „ a a a/to • and. also to: make, have, and use a common seal^ and the useacom. « i tt fr, • 4 'w . • . same-fo; break;'alter, and: reiiewi-at pleasure ; and also to®an6ea1' Speaker oftheHouseof Representatives. ordainf establi'sh,vand put in execution such by-laws, ordi-Make by- MATTHEW TALBOT, . fcy President of the Senate. sary> . - ' • . -y -• Assented to, 25th December, 1821. - , § 2. And be it further enacted, That "the-is'aid trustees, or JOHN CLARK. Governor. 1-v Receive JOHN CLARK, Governor. a majority pf them, a'rp hereby authorized to receive; any • gift, donation,-pr gratuity,, o/^and from person or persons, [No. 17.] AN ACT appropriating the fines and forfeitures aris-^cpmpanyor cpffipariies, body,politic or corporate; to be by ing from criminal prosecutions, in the County of Lin- thern appropriated to the use and.for the benefit of the Salem , coin, to the useand benefit of the Academy of said County. Academy, ■ > " r. A»9- § 1 .Be it enacted by the Senate and House ofHepre- §>'. And-be it fur&ef enacted, That wbetv any vacancy v.,,.*, scntatioes of the State of Georgia, in General Assembly met. «"»omeie«- shall or taay happen_ by death, res,gnation, or the crimi- nal side of the court, shall here-, after, in SXKf md litis.hereby enacted],by the 'authority of the sanidi Thai otherwise,, such: vacancy sh&JI bb filled by the said trustees, from and after the passing of this act, that all fines and for- deem- proper ; • any law to.the feitures arising from, prosecutions on the criminal side pf wfttra^notwithsfenmn^.. - j. . the court of said county, and also all other .penalties-and , ■'; ' ^ _ DAyID ADAMb,- forfeitures, whethto arising from bonds to .proseeute, or . .> vwt"nth« bonds for the appearance of any offender, or any other >vi^-■ - V . •' - , ? ?*¥■£''' Academy l^ion of the penal statute of this State, within the said ® • the benate. County, county of Lincoln, be* and the same is hereby vested.ip the' 2.5th Deeembe*,. ^ j:--" *-• commissioners of said county academy,, and any. money l. ' ' ,x v • ' r JUMi^l CCAKlv^tjovernor. arising from any forfeitures as. aforesaid, the office&hjrttier^". >_• j ■ . - / • - -... . ■ T 1°^- son holding the same is directed to. pay the same within one "4N ACT incorporate For tvxjle - - Academy, in Jones [No. 19.) month after the reception thereof to the p.ofnpftissiohers^ol^y;. •' \ County,- * ,;.= ; said academysto be applied to the use aBd--hortefit.^'sai^>s'y.'^-.tt enacted by -the: Senate'andHouse of .iZepresenta-/Knmuch shall be capa- any three of said commissioners shall bfe sufficient -to form ble and liable in . law'fo sue -and be sued, plead and be im- Tosotaiii aboard, - . ' ' ' X pleaded,, and .shaH be authorized to make such-by-laws and MaTeby shallannu^ §,4. And be it further enacted, That :the - said commis- regulations as miiy'be necessary for the government olf said 'aws,&c. areportto' sioners shall annually make a report'tp the Grand Jury of academy : Provided?, such by-laws are not repugnant to the Proviso, the Grand the said county, of the moneys drawn and applied as herein constitution and lays of this State' ; * and^for that' purpose • doun°ty!aid before specified,, to be filed in the GJerk's office of the Su- may have and use a commoh seal, appoint such officers as To use i perior Court. \ . . .. . " they may think proper,..add remov^ the same from office ^n,0B Repealing §5. And be it further enacted, That, all laws, and parts "for improper conduct or neglect "pf duty. ' ■ . * qiause. of laws, militating agaipsf^this aqt, be and the same7 are §2. Aridbeit furthereriactedby the authority aforesaid, SiaySif hereby repealed. ' , \ ' , y That the.said, trustees shall be fcapfable of accepting and - DAVID WITT, * being invested witffall manner of property, real and personal,'of ^ Speaker of the House of Representatives.; all donations, gifts,.grants, privileges, and immunities what- perl['- MATTHEW TALBOT,. soever, which may belong to' said .institution, or which may President of the ^Senate., hereafter be conveyed or transferred to them or their sue; Atsseuted to, 16th May, 1,8^1. / ' K cessorsln office, to have and to hold the same for the proper. JOHN CLARK^ Governor, benefit and behoof of said academy. , , ACADEMIES.—1821 11 Vacancies •how filled. 5 3. And be it further enacted by the authority aforesaid, That when any vacancy may happen by death, resignation, or otherwise, of any of the trustees of said academy, the survivors, or a majority of said trustees, shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the trustees aforesaid. ALLEN DANIEL; Speaker of the-House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 9th December, 1822. JOHN CLARK, Governor. consolidate the said returns, ahd lay such consolidated returri before the, next Legislature. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT* President of the Senate. Assented to, 23d December, 1822. JOHN CLARK, Governor. (-No. 20.] AN ACT* to dispose of and. distribute the Bank Divi- (lends and other nett proceeds of the Poor School Fund among the different Counties of this State. rior Courts '§ L Be it enacted by the Senate and House of Represen- to appoint tatives of the State of Georgia, in General Assembly met, superintend and it is hereby enacted by the authority of the same, That tlop^fpoor s ^ ke ^uty. Inferior Courts of 'children, the different bounties of this State to appoint one or more fit«and proper persons in their respective counties, not ex- ceeding one to each captain's district, to superintend the edu- cation of the poor children of said county. iA^istofthe 2: And be it further enacted,-That it shall be the duty "poo'r chit- of the persons so appointed, to make out a list of the names ■"mudeouf •t'ie P00r children pf their County or district, as the case and return-may be, and return.the same to the Justices aforesaid, on Governor, the first Monday in May next, whose duty it shall be to ex- amine the same and make a return of the number, certified under their hands and s.eals, to his excellency the Governor, on or before the 1st day of June next-; but no child shall be returned by said Justices, whose parents or'estate pay a tax exceeding fifty cents over and above their poIl-t?Lxr. § 3. And be it further enacted, That it shall be the duty of his excellency the Governor to cause the sum of $12,000 of the bank dividends, and other nett proceeds of the poor school fund to be divided among the different counties, in proportion to the number of poor children returned as above, which shall be paid to such persons as the Inferior %Court ma.y empower to receive the 'same* „ § 4. And be it further enacted, That it shall be the duty of the person or persons ^o appointed, to cause any o£ the 'heirneigh- Poor children so returned to go to school, at such schools as oourhood. may be convenient in their respective neighbourhoods ; and the teacher shall present his account to one of the Justices! aforesaid, whose duty it-shall be . to" order the same paid where it shall appear just: Provided, that no child shall be sent to school and paid for out of said fund, when such child has been taught reading, writing, and the usual rules of arithmetic. ;>e made by § ^ further enacted, That it shall be the duty W inferior of said Justices to make a report to the Senatus Academicus 'ftheSmadus their senator, of their actings and doings in the premises, jfAcademi- accompanied with such remarks as they may think • proper ® ' to make on the utility of the plan here adopted, and recopi- mend such other plan as they may think would be most % ..... likely to produce the'benefits intended.- besentto ° §6- And' be it further enacted, That no child shall be ^erelght1" sent to school under the age of eight^years, or* exceeding finorover eighteen years; and no child shall be sent to school at 5eahrseenor public expense, more than three years. 'three^ear" ? 7* And.be it-further enacted, That it shall be the duty tVce!nyseusrs' of'the superintendents in each district to Jake a Census of idfenovS1*the children, as well ^poor as rich, and female as well-as eieht and male, between the ages of eight and eighteen yearfc, and de- li^er the same to the senator elect of their-county, who shall to be re- * turned to ' the Senator * See the Act (No. 137) appointing the-Clerk of the Court of Ordinary sole elect, &c.' trustee, Sec. Also Act No. 154. B2 „The Cro- 'vernor-to cause §12000 of I-the Poor School fund to be I/divided. The chil- Iren to be sent to Proviso.. P Report to AN ACT to incorporate the Farmers' Academy, in the County of Jones. § 1 -. Be it enacted by the Senate and House of Represen- tatives 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 passage of this Act, the academy in the county of Jones, now known by the name of the Farmers' Academy, shall be known and called by that name; and that Bailey Bell, Adam Carson, Kichen P. Thweatt, James Locket, Cyrus Cotton, Samuel Barron,.and William Cowan, and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of " the Trustees of the. Farmers' Aca- demy," and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the government of said academy ; Provided, such by- laws are not repugnant to the constitution and laws of .this State : and for that purpose may have and use a common seal, and appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty. § 2. And be it further enacted, That the said trustees shall be capable of accepting and being invested with all manner of property real and personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may belong to the said institution, or which may hereafter be con- veyed or transferred to them and their successors in office, to have and to hold the same for the proper benefit and be- hoof of the.said'academy. § 3. And he it further enacted by the authority aforesaid, That when any vacancy may happen, by death, resignation, or otherwise, of any one of the trustees of said academy, the survivors or a majority of them shall fill the same in such manner as may be pointed out by the by-laws and regulations of the trustees aforesaid. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 19th December, 1822. JOHN CLARK, Governor. [No. 21.] Name of the Aca- demy. Trustees of Farmers Academy nominated and incor- porated. Their style. To sue and be sued, make by- laws, ice. Use a com- mon seal, and ap- point offi cers. May be in- vested with property, &c. Vacancies liow filled. AN ACT to distribute certain funds among the several [No. 22.] Counties in the State for the use of Academies, and to provide a method of obtaining further information, concerning endowments heretofore granted. Be it enacted by the Senate and House of Representatives Certain di- /.. C. * f rX • - n • 7i 77 . . . vtdends to of the State oj Georgia, in General Assembly met, ana it is be divided hereby enacted by the authority of the same, That the divi- dends, which hav.e been declared upon the bank stock here- Counties, tofore set apart for the endowment of county academies, and also all moneys now in the treasury, which have arisen under the several laws of this State, upon the subject of escheats and of* confiscated reverted property be, and the same are hereby directed to be divided among the several counties of this State, in the following manner, to wit: That each Manner of county «hall have an equal part of the sum to be distributed, u" until each shall have received $2000, including the amount already received in cash or in confiscated property, calcu- 12 ACADEMES.—1822. lating the confiscated property, at the rate of one-eighth of leges, and immunities whatsoever, which may belong to sai § 4. And be it further enacted, byr the authority aforesaid, poipt putin thfiir.:regulations at . their first "meeting after the-. ' ce0ive°any That none of the counties which 'may receive* any; divi- -passingp^msrAoti'or'vafany iriectin^.thefeaffer :■Provided, other divi- dend under the provisions of this Act shall he entitled that the same shall, not exceed twelve months. they have'110 receive any portion of the dividends hereafter to, be de- § 6,. And he it further Enacted by the'authority aforesaid, %ap- madeare- dared upon the stock aforesaid, until they shall.have made. That thp\said 'trustees shall have power, (deselect a'ttea- Treasurer. what°re- full and accurate report,- setting forth the amount received ,surer,^wh^shall. give bond and apprbvedsbcurity/ to the faid ceived. by said counties in confiscated "property or otherwise, by hoard of trustees, for the time bdng,-And fheir successors io bonf way of endowment of their County academies. - . - ••office,^ ;in thesum pT ,tenjLhbus'ahd:doJ[arsj..lE8r the--faithful An annual § 5- And be it fwrther enacted by the authority aforesaid, discharge of the trust reposed iirhim, _ ' * recei"sf That any commissioners, trustees, superintendents,- or In- = §r7* • byitwhuthofify aforesaid, andTis? ferior Courts, whe may receive any benefit under the, pro- That ah laws .ands.parts of daws ^militating against thi^ Act «use" wtemade visions of this Act, shall keep a just and accurate account of be ahd the skme are hereby repealed, ^ . ' » totus aw manner in which the same may be disbursed And applied*'. / ALLJ2N I)^.NIEL, deinfcus?87 and shall make report thereof annually through the Senatus v. - - / Speaker of the Hoq^e of Representatives. - Academicus to. the Legislature. 1 . -tTALBQT, • . t ALLEN PANlEL,-;: . ^ uV President of the Senate; Speaker of the House of Representatives. Assented io, December 6tb,'{8,22. . - •' MATTHEW TALBOT, . . { , > JOHN.CLARK;. Governor. President of,the Senate- > •„ „-' 'v- ' Assented to, 23d December, 1822. ,>"•--- . ' AN NGT^pxplanatory'tfanAetpassedon Ihe^Ast De- [No. 24,] JOHN CLARK, Governor. cen$er 18^, providing-few ikepemaneM endowment' * /• 1 ' - * /°f University,*cihd appropriating mtmeyi for the (No.23.,1 AN ACT* to incorporate the Newton Counttf^Acadewy '.erqpii6n;*bf a nfiwxCollegiate edifice ai:'Jhhens± \ '»-• ^ovtngton. . Beit enaqied by th^SertoteAnd House of Pepresenta-^m^ Trustees of § 1. Be it enacted by the Senate and House of Representd- tines of the,State ofG'ecbgia\4n General "Assembly met, find it theUni"r' Xn County tives °fthe State of Georgia, in General Assembly, met, and it is hereby enbeted by the authority; aforesaid, That-the before and red* Academy is hereby enacted by the authority of the same, That Solomon recited act be soxonstrded, as to:anthprize.the,tr'uste.es of the"g,0FJ andTncor- Graves, Martin Kolb, Harrison Jones, Samuel Brazil,, university to ask-and receive any; sum pr sums dF-money from.frae porated- Thomas Jones,-Farr H. Trammel, and, William H. Morrow which may have beeh. collected idnce- the ^>assa'ge cf said veys^f are appointed, and they and their successors in office shall Act, not exceeding ten thousand- dollars,: froW the fund . be, and are hereby declared to be, a body corporate, by the • arising froffi the sale/of fractional surveys previous to (1821) • name andtitleof "the Trustees of the Newton County Aca- orie-thousand eight huridred^and twenty-one. . '. * - * demy," with the privilege of using a common seal/ ' '/ §-%,And tie it further enacted, That the Governor be'and Tiie Go- Said Trust- § 2 ..And be it further enacted by the authority aforesaid, he is-hereby authorised and required .to isSue his warrant j,serne°J)l8 propriute1^ That the said Solomon Graves, Martin Kolhr. Harrison on the treasury for/said Collections, - not exceeding ten warrant XcE-Jones' Samuel Brazi,» Thomas Jones, Farr H.'Trammel/thous^d- dollaxs, if the; same-have been pai^ into thetrearXfsK mg to°the and William H. Morrow,' and-their successors in officeV a sufy f "and if'not, the Solicitor General ofihe'OcmulgAec^-w gbJ institution, majority of them, are hereby authorized, and'empowered cuit is directecLto' pay to.the said trustees Any collections thePsame. to appropriate in the manner they may think best calculated made by . him and now in hid hands, not ' expeedirig the to promote the interest of the/af^fpsaid institution, and to - amount Appropriated from.said fund by the- before recited- erect suitable edifices, for' the promotion of literature/all Act; ./ „ - . ' . v "ALLENc DANIELr money and specialties belonging or inariy wise Appertaining Speakerof the House of Representatives, to the said institution. ' . MATTrfEW; TALBOT. May make §,3. And be it further enacted by the authority aforesaid, 1 - ' • • ..... President of the ^enate. &c!aws' That the aforesaid,trustee^ and theirAuccessors. in. office, Assented to, December 19^, 4822.• " " , / . or a majority of them, are hereby authorized, to make such by- ' ; - . . .JOHN^ CLARK, • Governor, laws or regulations as may be necessary for the government of _ - . / V , • ' • ' proviso. said academy.; Provided, that such by-laws and regulations AN ACT to incorporate the Acadeihy of Bulloch County. [No.25 be not repugnant to the constitution .and laws of this Statp: „ :■ - - jf-o' ' ' ^ m ,„«cd- and that they shall be invested; with all minner of .property ^ 2»«K both real and personal, all donations, ^ifts, granl^t privi- ofi^SkUe qfGemgta,,» geriy, &c. r #e _. e . hereby enacted by the authority of the same, That Samuel S. * see Act (No. 138). ' . - * Lockh'art, Joseph Hagin, ThoraAs.JoneS, Seth Williaihs, and and '?nci -- - porated, ACADEMIES.—1833. 13 Elisha Bowen, are appointed, and they and their successors in office shall be, and are hereby declared to be, a body cor- porate, by the name and title of " the Trustees of the Bui- pffS lock County Academy," with the privilege of having and wai'°'uluon us,n= a common seal. Authorized § 2. And be it further enacted by the authority aforesaid, Iriatethe That tl'ustees aforesa'id and their successors in office, noneys ( or a majority of them, are hereby authorized and empowered That Col. George W. M>Caliister? Maj. George M. Waters, Commis- Capt. Raymond P. Demere, Andrew Bird, and Joshua Bryan* °f Smith, esquires, are hereby appointed commissioners' of the academy of Bryan county. appointed. § 2. And be it further enacted, That Furney F. Gatjin, or Pulaski Nelson Clayton, Hardy Vickers, William Hathron, and Academy Robert Thompson, esquires, be and they are hereby ap- „ . _ pointed commissioners of the academy of Pulaski county, peciaitfes. to appropriate in the manner they may think best calculated . f 3. And be it further enacted, That James Camak, Mar- of Bald- to promote the interest of said institution, and to erect suita- Jow L. Prver, John Williams, Williams Rutherford, and Joel ble edifices for, the education of youth, all moneys and spe-* Crawford, esquires, be and they are hereby appointed com- mY- cialties belonging or in any wise appertaining to the said in- 1 11 • stitution. iiayjmake § Sr And be it further enacted by the authority aforesaid, win Coun- Acade- I ly-lavvs, That the said-trustees and ihqir successors in office, or majority of them, are hereby authorized to make such,by- laws and regulations as be necessary, for the government of for the county of Mcintosh. missioners of the academy of the county of Baldwin. § 4. And be it further enacted, That James Smith, James of Mcin- Dun woody, Ebenezer H. Grosvenor, John Kell, William {ySACade-n Carnochan, Henry Gignilliats, and Charles West be and my. they are hereby appointed commissioners of the academy •roviso. said academy ; Provided, such by-laws- and regulations ) be not repugnant to the constitution and laws of this State : LJ»y and that they "shall be invested with all manner of property, § 5. And be it further enacted, That the commissioners of Said Com- the academies of the counties aforesaid, and their succes- "corpora- sors in. office, are hereby incorporated, and they, or a ma- both real and personal, all donations, giftd; grants, privi- jority ,of them are hereby authorized to make such by- by-laws" laws,-rules, and regulations as are or may be necessary for and they shall be invest- May hold » _ nrnnprtv. day sue uid be leges, and immunities whatever, which may belong to said in- stitution by virtue of this act, or which may hereafter be made, conveyed, or" transferred to them or their successors in pffice, to have and to hoTd the same for "the proper use, benefit, and behoqf of .Said Aca'demy. !§ 4. Arid be it further enacted by? the authority aforesaid, That the trustees of said institution arid their successors in office shall be, - and they are hereby declared to be, capable of suing and being-sued, pleading and being impleaded, and of using all manner of lawful measures for-recovering or de- •fending any property, debts, or demands.whatsoever, which they may claim or demand in right'ofthe said institution ; and also of recoveringlhe rents, issues, and profits of the same, or any. parts or parcel thereof.. .§ b. And be it further enacted by the authority aforesaid, That .-all vacancies that may happen in the board of said trustees shall be filled by the Grand Jury of said cojmty, at the first ferm of the Superior Court of said county after such vacancy may happen, or-at any-term thereafter, by ballot or otherwise, as they may think proper, annually § 6. And be it further enacted by the authority (foresaid, ''an account That it shall and is hereby made the duty of said trustees, ; nindfbe- t0 lay before the Grand Jury, "at the first term of the Superior Grand6 ~ Gourt^of said county,- in each year; a full and correct state- fury. ment of the situation and investments of the funds of said in- ■ stiiffition, in such manner and form as they may think proper, '•'Said return or said Jury recommend, and the said returns shall, by the „tn hr> laid • t -r * t f i : .» *-mi *•» n > \ " ' i Shall lay the government of said institutions > ro ed with all manner of property, both real and personal, and proper y* all donations, gifts, grants, privileges and immunities what- soever, which may belong to said institutions, by virtue of this act, or any heretefore made, transferred, or conveyed to them, or which may hereafter be made, transferred, or con- veyed to them, or their successors in office, to have and to hold the same, for the proper use and benefit of said institu- tions: Provided, such by-laws, rules arid regulations, afore- Provisa said, be not repugnant to the constitution and laws of this State or of the United States. § G. And be it further enacted, That the commissioners May sue aforesaid, and their successors in office, shall be, and they g^e are hereby declared to be, able and capable in law, to sue and to be sued, plead and to be impleaded, in any court of law or equity in this State, and of using all lawful and ne- cessary means for recovering and defending any property, debt,, or demand which they claim or demand in right of said institutions, and also of recovering the rents, issues, and profits of the same, or any part thereof. § 7. And be it further enacted, That should any vacan- vacancies, cies happen by death, removal, or resignation, of any of the commissioners of the academies above established, it shall be filled in such manner as a majority of the survivors shall point out. § '8. And be it further enacted, That the commissioners May ap_ :i»?>tore u'ie said Jury, be delivered to the Clerk of said Court, and remain aforesaid shall have power, when they may deem it neces- p™^ "icademi *n kiS °ffice general election next ensuing, whenit .sary, to appoint a treasurer, who shall give bond with ap- wiufshau' eusa emi' shall be the duty of said Clerk to deliver the same to the proved security, payable to bis excellency the Governor, or f^de^°u- Senator of said county, tobe by him laid before the Senatus Academicus, when thereto required, a Treasu-"1 § -4tid.be it furtjier enacted by the authority aforesaid, rer, who That the ^aid trustees be and they are hereby required to appoint one distinct from their o\vn board as treasurer, and to take good and sufficient security for the faithful ppr- shall give bond and security. J J T r J on l 1111 his successors in office, in the sum of five thousand dollars, rity. for the faithful performance of the duties of said office. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. formance of the.duties required of .him in such manner as Assented to, 25th December, 1822. will effectually secure said institution against ariy loss which JOHN CLARK, Governor. might happen, by his misconduct. i ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of tlie Senate. Assented to, December 25th, 1822. JOHN CLARK, Governor. i [No. 2(5 AN ACT to be entitled An Act to authorize the Trustees j-No> g7j of Greene County Academy, to sell so much of the lot. belonging to said Academy, as lies between the course of,East Street and Lot No. 4, in the Town Cbmmon of Greensboro, in the County aforesaid. Be it enacted by the Senate and House of Representa- Trustees of tives of the State of Georgia, in General Assembly met, greene AN ACT to establish Academies, in the Counties of That the trustees of the Greene County Academy be, Academy^ Bryan and Pulaski. and they are hereby authorized to sell the whole or any part f" Un"a lot § 1 .Be it enacted by the Senate and House ofRcpresen- of the lot of land lying adjoining to the town of Greensbo-^acent to tatives of the State of Georgia, in General Assembly met, ro, belonging to said Academy, which lies between the boro. 14 . academies.—1823. , , course of East-street of said town* and Lot No, 4, in the superintend the education Of such as the hoard shall agre6 commons aforesaid. ' to educate : Provided, that the person \vhose application Proviso, P^eedsof 2. And be it further enacted, That the Trustees of said ' may be refused by the trustees shall/have the right of ap* ■ applied!" academy shall apply the proceeds arising from said sales, peal to the Justices of the Inferior Court. to the benefit of said institution, in such manner as they ' § 6.- AndI be jit further enacted, That* the trustees shall Authorized may deem best. ' ' ' purchase.a good .and sufficient bound book,.{d'-be-paid for aKopk,^ , ALLEN DANIEL, .. out of tfie poor school money, for the purpose of- registering gi«er their Speaker of the House of Representatives, all the proceedings of this Institution, -and shall make - an h!ggc,e^"d ' MATTHEW TA.LBOT-, , > annual return thereof ,to''th'e Senatus Academicus, by the President of the. Senate..1 Senator elect from their county. r' * 'turn!3 Assented to, 25th December, 1822. , § 7, And be it furtherenacted, .That, his ' excellency MannCr of JOHN CLARK, Governor, the Governor .be, and he is required to transmit to'theJus- 1823 1 - tices of the Inferior Court, in each coupty in this-State, a Trutiea, [no.28!] an act to be entitled An Act to alter and amend w^ ec 1 • i , Vii i , -T *3 j i t - a also blank, bonds,, which dedimus and bonds when executed ^ Act pass& the twenty-third day of December, mgh- ^ably^6 the requisitions tif this act, shaljbe deposited in ? teen hundred and twenty-two, to distribute< ihe Bank ■ the Clef'sOfflce.of the Superibr Court; andin paf* a breach Dividend and other nett proceeds of the Poor School or violation of the.duty enjoined by this act, by'any trustee, may ' Fund among the different Counties in this State.. be sued by the Inferior Court of said county, and the amoun| . . fhe'poor°f Be it enacted by the Senate and House of Represented- recovered thereon shall, after defraying^necessary expenses," School tives of the State of Georgia, in. General Assembly fneti goto and becom^a part of the poor school fund of said county." distributed and it is hereby enacted by the authority of the: sameThat .§ 8'. And be if further enacted, That-so .much of. the act Repealing tnnoUifllythe ^rom anc* a^er the passing , of this Act the sum of twenty ;©f which this is amendatory, aS inilitates against this a.ct be, clau6fc ■ Counties in J J-"—- ~e iu J~ AU '*---i—- ; • proportion whitepo- nually.among the different counties of this State,Tin pro- ; - . ' Speaker of the'Hobs.e of Representatives, for the°edu-portion to the number of free white population in ^ each f ■ 'THOMAS :STOCKS, Coornchu county, which population shall be ascertained by the census dren. thousand dollars out of the proceeds of the poor. School arid-the same is hereby repealed. ; .V 1 ' -.. «. fund, and the same is hereby s.et apart and distributed an- ^ : \ fjs" 'VDAV[D AlDAMS, 11— — ikA Jin* a. Al _/• xl_- Oa_ a ~ ' - •. - C< '• 1 n ii »> TT't ' ' r a _ ji— next to be taken, and which shall be considered as the popu- Assented to, December 22, 1B23„ lation of said counties, until it shall be again taken,"accord-' . ,'vv> < . v*' ; . G> Mv TRQUPy Governor, ing to law, for the purpose of educating such children who J'-v ' ; *>. * ... . are destitute of the means of education. " T to ammd arid^e^lmnAn^ct, entitled Ak Act Persons to § 2. And be it further enacted, That the above fund fofvest the appointment, of l^Gomimssiontrs of Acade- < edtoS- shall be distributed in the following manner, viz rThe.In-' -Ydndue'Masters, Notaries public, and-Lumber* fundsSawho ^e"or ^ourt ea°k county of this State shall,, on the first. r-M.msurers, in . cettajfi- persons■' tjiefein - mentioned, shaii give Monday of February next, or as soon thereafter as -they- jhe eighteenth December, , ;' • ^ , ■. * - vernor bond and security in the penal sum of ope thousand . *>. ^ Gferal -Assembly ef the.Stale of Md dollars each, and also take and subscribe.before^kny-a" ? r^h^P^sing'of this^Act,, the tobeBiilde of the Justices of the Inferior Court the following pk'th;:^- Courts, :Gorporati?ns, and .Commissioners,, respeo-r^Jh- Their oath. I, A. B., do solemnly swear, that I will to the/best of my. tiv,-e]y?as mentioned in the above recited Act,- shall have.the courts, . ... •• . . _ - . ' _ - ' /vv^iliinvVrA w Att, nil nt nr\vm'iW4mn^ n 11 T v a A '4-Vi n -A tT*. ^ LATDflrS ability, distribute whatever moneys may come into my hands, e*clri?iye power of fppoipting^ any number of the officers Corpora- in such manner as, in my opinion, will most- conduce to the therein mentioned, that they .may deem.expedient . |n their ^ommip education of the poor children in my county,' and make a respective courities anil towns-whefe* the number i# not de- 0 ' true return thereof, agreeable to the requisitions of law, so. fined.vor limited- by law,. \Afid arlsO' tlie-exclusive power ofVacanci& help me God ; which oath shall be signed by .the party, and fillin£ a11 vacancies: which may. occrir- arriorlg. "suck of entered oh the minutes of the Inferior Court. ; ; ' . said officers whose numbers are limited by law^. Their con- § 3. And be it further enacted, That the trustees afore-' be it further^ >enacted,-That so mqch of the The np- tXancein saidshuli hold their offices during good behaviour, and a ma- aboverecited Act. as may be construed repugnant to S jority of them shall be competent to-the transaction of busi- V]]S Act ' be» M the - samd; ;ishereby' repealed. Pre, ness; and should either of them fail or refuse to do their duty as ™ded,t\irt all appointments^ of, .Notaries Pnbhc,-Lumber by the n- trustees, the Inferior Court shall have power to remove them, Measurers, Vendue Masters, and Comiriissiop'ers of Acade- ^ „ and appoint others in their place. . - mies, that haVe been made by the Legislature of this State, bevalid, said Trus-' - § 4. And be it further enacted, /That the Irdstees in; sincere passing of the-A'dt .of,.the eighteentli December, !f?J°nn each county, when thus appointed arid "s'worn, shall, And .eighteen hundred and sixteen, entitled an Act to.vest.the the Go- theylare hereby authorized t6 draw on his_, excellency the apprimtnient oLCoinmissioner^of AcademieSj VendueMas- the^tmount Governor, for the Amount of money which theircounty may' ^ Notaries Public, W Lumber Measurers, m certain per- . be entitled to, agreeably to'the Wore,menti0hed plan hC sona thereth.mentioned, shall be. %nd,dhey,ahe hereby de: tyemayUbe distribution, and his excellency the Governor shall be aiid^ clared toTie. valid,. . . . A^Tei9C^>0 T held at the Court-house, in the town of Milledgeville, mmh minef ffiZl" A ,.TT'V 'between the hours of eight o'clock A. M. and five o'clock S T 'll rrTl occurring in the board, or m p M elec,ion for8 five coromissioners of comroon tiow hiied. other offices, shall be filled in such manner as may be pre- ,, V t» . 1 u 1 r -i . c „„ nA i vV , f e schools,- But should the election fail on account of the Provision SO d ilnLtT «Su1Mk™ for lhe government of of a suffident number of voters to aUend> ,hfe polls ™ =a» ,.r™».or § 5- .And hi it further enacted,- That Wile, Thompson, ®ball again be opened on the first Monday in April; but in ft" th« Elbert T - xt tt * a i- i t i * t i. * tr j i eacn succeedinff year, the election shall be held on the nrst the time ttCounty Jeptha V. Harris, Archelus Jar£et,..John A. -Heard, and p J tu ^ c u n u i,, Prescribedl Academy Thomas Tancs be and thev are herebv anointed trustees Mont1^ in February. The election shall be attended by Who.to J1*nominated . -^ h y , y -.PPP ; • : the same officers who superintend the general elections, ®up?ri°" . i,and incot-of the Elbert County Academy,,and that the^ said trustees . .. , „ v al s rc .. 'tend the : poraied. j .t • re L i u ' j- and the voters shall possess the same qualifications; and election,, puidteu. an A j-- j L sionersso elected shall receive no pay or emolument for no. [N .31.] AN .ACT to establish andtfix the name of the Academy ^ejr gerviceSi but shall be bound to accept their appoint- pay; at Mount Anon, in the County xf Hancock,, and to in* ments under the penalty of thirty dollars each for non-ac-accept their corporate the Trustees thereof. ceptance, and shall moreover be liable for all* damages which Sie'Acade die it enacted by the -Senate and House x)f Represenfa- may result from the neglect of their duties; but no indi- d« penalty, my. ca 6 tives cf the State of - Georgia, in General Assembly -met, vidual shall be bound to serve more than two years in sue- dollars. and it is hereby enacted by the authority of the same, That cession : Provided, that the citizens of Baldwin County, on Tins law immediately from and after the passing "of this act, the- failing to adopt this law in the year eighteen hundred and ™da0pted in- • Academy at. Mount Zion, in the county of Hancock, shall* twenty-four, may do so upon the same terms, and in tfie i _/* _ -it* A- f~F' _ — : u .. nnloca tliJa law ftTinll ® la- minated Thomas Lundy, John Brown, Benja.min Gilderslieve, and -the citizens aforesaid shall, on any succeeding year, be com- jwn may. Trustees of Mount «... ...w— ...v vuuiu; K,i AAauwwv., h.iou. .. ceedin be,called and known by the name of " the Mount. Zion same'manner,.in any succeeding year, unless tins^ law snail year. i de°? no-a Academy," and that John G. .Gilbert^ Barnaba Shivers* have been previously repealed by the Legislature. AndItsopera. mia'atcd* Thomas Lundy, John Brown, Benjamin Gilderslieve, and -the citizens aforesaid shall, on any succeeding year, be com- jwn may pomtad^°r" Joseph Bryan, and their successors in office,, be; and they petent to suspend the operation, of this law, on a majority rended,. 16 ACADEMIES.—1823. declaring their wish to do so, by writing on the ticket they surer shall give bond to fori commissioners for,the" faith/ul County give in for county commissioners the words " no election." - performance, of his dutfos; he shallreceive all school money to'gWe"" belaid off § ^further enacted, That the commissioners from the tax collector, arid, in the event of the collector into'schwa so elected shall have the following powers and duties i-^They refusing to" pay it over, he may issue an execution, to raise * UUei districts, shall cause the county to be laid off into a suitable number ""it, in the skme manner the statertreasurer might^do a'gainst of school districts, and shall have power to revise and alter a delinquent collector ;anc(,-thetax collector shall -take such districts in the manner experience may render^ecqs- -from the county"'treasurer's, receipt;.foytheschool money Sonera8" Sarl' They shall levy a county tax, which shall not exceed' -paid him, .which' receipt'he"shall return"to the clej-k oT'the niayeievy * the general tax of the year eighteen hundred and twenty- . board of, commissioners, who" shall/instantly record it and taxUno? as- two» an(* think proper to raise a smaller amount^, it -endorse a certificate of such recprdon the receipt,-arid then . ' aessthe shall be assessed by a given rate per cent, on the general tax return it to the collector \ and the receipt thus recorded Ma[ thegene- °f that year; and the tax collector of the county $hall be, shall stand, as a full settlehienf Of the anaounf it Specifies. .tirenb^ How coi- ari(* he is hereby bound to collect the tax thus assessedA'lq-, : § 6. And be it further enacted^.That vaH male white lectedj and the same manner that extra taxes have been heretofore col- children, between.the ages of ^evrin and eighteen yeari, and eighie«, paw.hom )ected ; and the money thu3 collected as a schoolfiind, shall „;all femalea of like description, between,' tfr$. ages" of gi,xand S'est be paid over to the county treasurer hereinafter appointed,, thirteenyeaF^'^halL.beentitled*, asra^jfoatter pf right, to an'^^ and the collector may retain the same amount Of fees he equal pforUcipatiqn_in . the^ ."advantages, ofo: the common «"».»k would be entitled to for collecting a similar amount for. fop schools of the distTictSrn AvhiGff thby^eside.1 . ' ' Annually State. They shall annually, at their first meeting, or as sopn § 7.And be it ^fur the r enacted^.' Thai Milledgeville shall a°Pres?-omt thereafter as practicable, appoint a president of their board, compdsd-orilyptiri'district;-; and the' commissioners of tlfe .compose cfounty6^' a °lerk, and a county treasurer, and also three trustees _acaae:my shall _Be acknowfodgOd/ byrthe "county commis- Treasurer,'to each school district, who shall not reside without'the gionefs as th.o trastebs^f. ^i^district f and'the commisr com^ Trusteesto district they are appointed for. They shall examine into ifibhers*'"of sajff EtOideniy^shallcause ari enumeration of all tK* each dis- the qualifications of teachers, and none shall be employed fodcbildren withinthecorporatelimits,',efititle.d to thebene-.Jj^^J Teacherato by the trustees without first having obtained a license from fits Of .this act, Aand alfofoif all children residents, of the tees thm- bythensed tlie ^ard of commissioners; and no licence .shall bo ;cfoitity,. ^whd^inriay. "bo students Oflhp, apademy/Vrid•such Board of granted to any teacher unless he is of good moral character children;shall-foe numbered ; .only" jri-the •Mliledgeville -dis- sionera.3", .arid suitably qualified ; they may, however, grant a special, trict and!on foakihg a refurn ol' theyvhqfo nuiiribe^ to the license to suit the existing state of any district under their cpunty commissioners^ the sum allowed by 'this;A]Ct to such direction. The board, on giving notice, to the individ&al, nuinbOp^of childrent shall, be paid-over accordingly, to the shall at all times be competent to annul a teacher's license commissioners of the academy, who are hereby authorized for any reason they may think proper. They shall, collect-' ifnd" require cltp provide forthe expenditure ofsaid sum of ively or individually, visit each school, at least once in eyppy .'money in. such* manner as to allow to eachT'chiid* ari equal Schools to six months such school may be kept in operation, and iriall. proportion./1 ^ ^ ^ \ ' conuoieof ^tngs relative to the management of said schools and mode . 8%e- if /T-haf • -the •. trustees .teo General the Board, of teaching, the trustees and teacher shall be under the con- appointed shall have the-^ following"pOwcers and perforin the Jj^* Omissions trol of the board of commissioners. They shall partfeu- ' f^Kwirigdufies i-rriTbeyahair femplo'y teachers and providetl,tTw part of °n lariy notice, and cause to be punished, all failure's an<|^mis- suitable hjoiises for -the schools'in their respective '"'districts,tees" TndTeach- ^i°ns on foe Part trustees and teacher^and' they, and each ^strict shaU bear."the. "expense" attending the pur-' era. eac are considered accountable forthe entire mankgeirien{,,ofchase orvrent-pf sdch.hoqses as theymay require.7 To this the common schools of the county ; and all powers necessary purpose, they ;are'hereby authorized to raise a;, tax. not ex- to the fulfilment of these duties are hereby granted. _ "All\ceedingtwo bfoidfed dollars, on the iph'abilai\ts-6/; "this dis-1 under t/to hnes an(i penalties which may be raised., by foeprp visions ^rict,/each;paying^aCcqrding- to;.the .ratio his. state taxi act to be a of this act, shall become a part of the school furid; and arid*fo ,-the event oT npn:pay^men't" by . any >lndividuai,ithey' Ichoof ^ f°r the neglect or omissions of the commissiprrer^, any - may issue an executfon/and eaiis^ it ^.be.collecte'd in the fund. citizen of the county may institute an action oii the "case,-in- usual manner by foe cehst-able of , the'district,- arid each in- any court having competent jurisdiction therepf. ; The dividual: liable fo'p^y foxes withip: the district-shall, on ap- Fund how board of commissioners shall pay. out of the'county fund. prm&riQn.pf.fbe-ifyQbeees;. -or 'awy.ofid'pf; iheim^-.lbAike'kridwn appropn the whole of the expenses necessary to thp fulfilment of ective dis- cies* trustees of any district. ^ . !, • tricts, entitled; to the benefits of this institution, ^arid make a Duties of- § 4. And be it further enacted, Thai the/.cleric of the return ofthejiumbepto the county clerk-'wifoin one .month the boarf^ h°a'd of commissioners-Shall keep a true record of alf theif from the'timedfter ^they ai-e notified^ .of; thqir- appointment, e oar " proceedings. He shall take , an oath for the faithfuLper-. arid should they neglect to make a- return, or make a return formance of his duties before any-ma^isdMte! qualified to of greater, humber of chUdrdn than reside..within their dis- administer the same, and the.books kept by him ar.e hereby trfots, they sfiall^fpr every such offence, forfeit the sum of declared books of public record,'/.arid shall b,e sp received teri' dollars,'arid each additional child-sp fraudulently return- in any cpurt of law or equity ' in this state-; and he. shall efi, shall be considered;& sepaTate -pffenCe i.^PromVed,"the Ptoviso. rnoreover receive and record, in a book to be-kept' for that ' ^trustees of each-district shall haye privileg^to uriite the funds purpose, alfthe-accounts of expenditures which may he, re-., allotted to the district, with those" raised..by any number of turned by the district trustees, and. sanctioned by .tbe board individuals'or academy within foeir limits, or by permission . of commissioners ; and the" record Once rnadei; shall for ever of the .cpunty commissioners, by any academy, or ^private exonerate the trustees from further liabUityv-on account of' school in their neighbourhood,' They .shall,-in the absence those expenditures. ; of therboard of Commissioners^ have the entire control of § 5. And be it further enacted, That the county tr:ea- the school, which shall in every year terminate by the iwen- ACADEMIES.—1823. 17 tieth of December. They shall, in the last week in Decern- surer, who shall give bond and approved security to the said shall give ber, in each and every year, make a true return of all their board of trustees for the time being, and their successors in security? proceedings (particularly their expenditures) to the county office, in the sum of ten thousand dollars, for the faithful clerk. w [discharge] of the trust reposed in him. trustees § 9. That the trustees so organized, empowered,'and con- § 7. And be it further enacted by the authority aforesaid, 3d°sofar' stituted, shall be a. body corporate, so far as to own pro- That all laws, or parts of laws, militating against this act be, ®0l°rtown perty and receive such'donations as may be made to the and the same are hereby repealed. jceiveydo- school of the district, and also to commence and defend such DAVID ADAMS, nd°to sue suits in law as they may'find necessary for their-defence or' Speaker of the House of Representatives. ndbe advantage, and in the evefit of their neglect of duty, they THOMAS STOCKS, 'heiViia- shall be liable in their .'individual capacity to answer in President of the Senate, egieotof damage to the county commissioners, before any tribunal Assented to, December 22d, 1823. «ty.c ° having cognizance of the case, and they shall, moreover, be G. M. TROUP, Governor, bound to serve when appointed under the penalty of ten dollars for.each refusal. DAVID ADAMS, AN ACT to authorize the Commissioners of Glynn [No. 34.] Speaker of the House of Representatives. Academy to establish Free Schools in said County. THOMAS SI OCRS, it enacted by the Senate and House of Representa- Two addi- A X A , n 'u. i fwv. 100/ ***' the of Georgia, in General Assembly met*^ Assented to, December l9th,.1823. and it is hereby enacted by the authority of the same, That «°neisof G. M. TROUP, Governor, Robert Ha2,ej(urst and /ames Hamilty Couper be, and Vn ,91 A1iT, rrm, • ' j.7 t 7 *77 a j '• are hereby appointed commissioners of the Glynn ^cadj®™y No. 33.] AN ACT. to incorporate the Leaksville Academy m the c$nty Aoade„;yi in addition t0 thosa aIready in office. and ^ County of JXewton. they are hereby authorized to appropriate all or any part of ^u]ppro_ed eak&vdief it enacted ,7>y the'Senate and House of Representatives the money, which may be in hand belonging to said acade- pnaietiie. ^adem'y of the State of Georgia, in frcncval Assembly.met, and it is my, to the establishing of two free schools—one in the 1^1 cade- "ud incor? herjeby enacted by the authority of the■ same, That Thomas -twenty-sixth district, at or about William Hughston's ; and {JJ^0 ®,s^a" ^ththe' Wilburn, Robert Leak, John Chisburn, Jack Wilburn, and one in the-twenty-seventh district, at any place the com-Free W° ^ght to use Golumbus Watson be, and they are hereby appointed, they missioners may think proper : and they are authorized to and enipioy ">aL>mmoil and their Successors in office-,-shall be, and they are here- employ .one teacher for each school. a Teacher 1 by declared to be, a body corporate; by the name and under .§. 2. And be it further enacted by the authority aforesaid, $0 child to the title of u the Trustees of the Leaksville Academy,with That no-child or children shall receive their tuition gra- [f0c®iv|,4"h the privilege of using a Common seal. ' tuitously, whose parents pay two dollars as their state tax ; whose pa- )Uapp?o-ed 1 And be it further enacted, That the said trustees and any moneys which may arise from the tuition of children Zonule riate the and'their successors in office, or a majority of them,, are -sent to these schools, shall go to the support of said schools, state tax. |ioi,8y)&c. authorized and empowered to appropriate in the § 3. And be it further enacted by the authority aforesaid, The opra- manner they may think calculated to promote tne interest.of That the operation of Glynn County Academy shall cease Gjynn the aforesaid institution, and to^rect suitable edifices for the^ after the time expires, for which the present teacher may be ^cease^ promotion of literature, all money and specialties belonging employed, until the funds of said institution shall so increase, , . or in any-wise appertaining to the.said institution. ; as to enable the commissioners to carry into effect the above- Jy-faws?,ke § 3. And be if further enacted by the authority aforesaid, named free schools. "-1 ,tc. -' That'the aforesaid trustees and their, successors in office, or §" 4. And be it further enacted by the authority aforesaid, |^°™™sist"0 a majority of them, afe hereby.authofized to make such by- That the ^commissioners of said academy shall have full adoptruies, lays and regulations as. may, be riecessary for the gpvern- power to adopt such rules and regulations as maybe by them &c"* |/rovis&. ment of -said academy; Provided, that such by-laws and thought to-be most conducive to the interest of said schools. I» ' regulations be.not repugnant to' the constitution and-laws _ § 5. And be it further enacted by the authority aforesaid, To meet at Lroyen°ld ^ t'1's ®tate 1 ari^ they be. intrusted with all manner of That the commissioners shall meet at Brunswick on the -w?Cri! property, both real and^personal, all dpliations, gifts, grants, first Monday in March next, or any other day that they may privileges, and immunities whatsoever,.which may belong to appoint, to carry into'effect the intent of this act: and one said institution-* by virtue of this act, or which may hereafter or more of said commissioners shall visit the schools once Tovisitthe Be made, conveyed, and transferred to'them or tljeirsucces- in two months,-and report the condition of the schools, and B, sors in. office,-to have and-to hold the same. ' situation of the children, to the.general board. months. yIay sue § 4. Apd be it further enacted by the authority aforesaid, ' § 6." And.be it further enacted by the authority aforesaid, Treasurer n esued*tjje trustees aforesaid qnd their successors.in office, That the Oomitfissioners shall call on the treasurer of the shall, and they are'hereby declared to be, capable of suing academy, who shall, as soon as possible, lay before the said commis- • -and being sued, impleading and*being impleaded, and'of board a-statement of the amount of all moneys belonging amount ofC using all necessary and lawful means for securing and de- to said institution, so as to enable the commissioners to moneys, -fending any property", debts,-or demands whatsoever, - which carry into effect the provision of-this act. they may claim or .demand-in right of said institution, and § T. And be it further enacted by the authority aforesaid, Commis. also of recovering the .rents, issues, and profits of the same, Thai the fcommissioners shall purchase such books and paper sioner? to f or any part or parcel thereof. -. -as the children may want, while at school; and pay for the bookstand vacancies. § 5. And be it further enacted by the authority aforesaid, same out of the money belonging to said institution. _ u^chfid- That should any vacancy happen by death, resignation, or § 8. And be it further enacted by the authority aforesaid, ren. removal of any of the trustees of said academy hereby a'u- That all IaWs, or parts of laws, militating against this act thoriz'ed and established, it shall be filled in such manner as be, and the same are hereby repealed, a majority of the remaining trustees may point out in their DAVID ADAMS, -regulations at their first meeting after , the passing of this Speaker of the House, of Representatives, act, or at any meeting thereafter ; Provided, thatThe same ' THOMAS STOCKS, shall net exceed twelve months. ' President of the Senate. May select §.6. And be it further enactedby the authority .'aforesaid, Assented to, December 22d, 1823. rerwilo That the said trustees shall have power to select a Trea- G. M. TROUP, Governor. C IS -ACADEMIES.—1823. [No. 35.] AN ACT* to appoint Trustees of the Telfmr County further information concerning endowment* heretofore Academy, and to incorporate the same. . . \ granted,".it is-provided, " that eac county shall have an m » ■*»' . ■ i i i e* ■. -r-r j. ti eaual Oart of the sum to be distributed, until each shall have ErSuf, \ 1" E"t macted^ the Se^ and Homey Bepresen- fi p \0 thousarld dol| jDC|uding the amount already county tatives of the State of Georgia, in General Assembly met, . ... . „can*taA nmnprtv •" iSS. Tha, Nathaniel Ashley, Join, L. Lamkin, John Parana in the andincor- Lewis L. Lamkin, John Wilcox, Redding Wooten,. and _/*■ r._. ^ ftf the sales of r* r'jrtrherejy of the Telfair County Academy, and consUtntjd a body • nj„ety.four( that Roberts Thomas purchased, - for the politic and corporate, having perpetual succession, nnder Hanco6k bounty .Academy, the. after-mfentioned. tracts of- Their style. the name and title of the Trustees of the Telfatr County, ^ ,|soi<.reSj bounded on alleides by vacant land, at SC °f Acack same to break alter, and revoke at_p ensure; and also to rfor nevir wiU realize one cenffmm' said land: Make by- ordain, establish, and execute such by-laws, ordinances, and ^2 • - - • . . '-.Ac regulations as may by then, be deemed necessary, not in- ** J™£"%acUd-jy tUSenate^Home. of Bepresenta- The i«„. consistent with the constitution and laws of this State. ~ r k z.j - porated May ap- § 2. And be it farther enacted, That the said trustees, fe fate: «' a THOMAS STOCKS,. ' .• :. :OC)J .President of the Senate. President of the Senate, Assented to,December 22d,. 1823 _ ... Assented to, December 20th, 1823. J ^ j,v. • . - , TROUP, -Governor; AN ACT to change the name of the Farmers' Academy, {No. 38.] G. M. TROUP, Governor. fNo.36.]AN ACT to authorize the Commissionerf, of Mctn* ' '< \ in Jokes County; tosh County Academy to establish one or more Schools \ h enacted by the Senate and. House of Representatives for the education of Poor Children. of the State teorgia,in General Assembly met, and it demytote Commls- ' § 1. Beit enacted by the Senate and House of Rejyre-''?****'$> ^WKoritybf'the That from HZSsi sentatives-of .the Slate of Georgia, in General Assembly met, Md«mmedWleh after the passing of., this,; act, the academy d™,. iSSZL and it is hereby enacted by th!authority of the 'sauit, Thai ^ eopfttJ f.f/f,neS'nOW 5n0'?,.l2r^f naole ' 5SSSI from and after the passing of this act, L commissioners of' Academy. 5ha» be'known and callediy the name of Planters' move Free Mcintosh County Academy be, and they are herebyjautfio- - , 7 -1 a '*% ' . ,, , - „ ,. Schools, rized to establish one or more free schools, iri'the ooiinty, . J."8: And ietf further,enM^d, That alt laws, pr parts Jeg.,! as appendages of said academy; and'thesaid free schools P laws,-militating: against, this act bd, and. the-Sa!m.e are to. discontinue and renew, as they; or- a majority, of them, here by repealed.. " . '■ ^ from time to time [may] think proper. - '. ' " • a • ' ' ; , ^ ^AVID ADAMS, 522^ § «• A* be u father, enacted, That all laws, and-parts , ; V V ' Sppaker • of laws, militating against this act .be, and-the-same'are ■ ; 1 . 4 . [hereby] repealed. ' ' . ••• • "■ '• ■- President of the benate. fi i virt *n* ivfci' - " Assented-to, December.-20th, 1823. -s • Speaker of the HouseTRqwelehmivSs. ,« .. . . . ; ; y ■ ;G. M. TROUP, Governor. ' Presit^n^ oftbe^e'nate. ACT-/0 incorporate fhe+ WMthourville Academy, [N°*39^ Assented to, December 20th, 1823-. - ' , - in the County of JJberty-,- and tor appoint , Commis- . «. GVM. TROUP, Governor. siomrsfor the same. \ 7 ' • ; 'v / . rNo 371 a at 1pt , " a-r7- j7. • r - . - Be it enacted by the-Senate a7id House of Representa-Co™mfn( ' ' AN ACT to entitle they incorporated Academies' in lives of the State if Georgia,' in General Assembly met, wiS# Hancock County to their full Dividend of fhi Funds and it is hereby .enacted by the authority of \ the same, Tha^ set apart for the County Academies. -from and immediatety after the passage df this act, the mi"'a'.Prt Preamble. Whereas by an act passed [on the] twenty-fhird day of ,^^lthoucville Acade'my4in the county of Liberty, be known December, eighteen hundred and twenty-two,Id distribute and-called By tho ^foresaid pame;' and that Samuel J. certain funds among t;h'e several counties in thjs State for the Axson, Daniel Stewart, sen.-, Thomas Bacon, Thomas M'pl- use of academies, and to provide a method of obtaining ,and Lewis, Esqrs, and: their successors in * . office, beT and they'are hdrpby declared to be, a body politic - * See Aet (No-74) Academic and Poor School Fund united. - and Corporate, by the name and Style of " the CommissionersJTIieirStyle ACADEMIES—1823. 19 May me of the Walthourville Academy and as such shallj.be capable a common seal, and to do and perform all such matters and sued,e and liable in law to sue and be sued, plead and be im- things as may be authorized by the constitution orfunda- uvra &c" Pleadech ai*d shall be authorized to make such by-laws and mental regulations of said academy. ' ' regulations as may be necessary for the government of said § 2. And be it further enacted, That the trustees or pro- May adopt Proviso, academy-; Provided, such by-laws are not repugnant to the- prietors of said academy, or such authority as may be ctU- £.laws' constitution and laws of this State : and for that purpose thorized by said fundamental regulations, shall have power Use a com- may have and use a common seal, appoint such officers as to adopt such by-laws and regulations as maybe necessary andna*p-al1 they may think prdper, and remove the same from office for its government and prosperity, and to appoint and point offi- for improper conduct,or neglect of duty. remove for improper conduct or neglect of duty, such offi- May hold §2. And1)e it further enacted; That the said commis- cers as maybe authorized by the proper authority: Pro-proviso, property, sj0ners shall be capable of accepting, and b& invested with, vided, that the regulations for the government of said aca- all -manner of .property, real and personal, all donations", demy shall not be repugnant to the constitution or laws of gifts, grants, privileges, and immunities whatsoever, which this State, or of the United States. ^ may belong "to said institution, or which, may hereafter be §-3. And be it further enacted, That the said trustees, capable of conveyed or transferred" to them or their successors in and their successors in office, shall be capable of accepting p°op'e"fy office, to have and to hold the same for the -proper benefit and being invested with all manner of property, real and &c. r ' and behoof ofsajd academy. personal, all donations, gifts, grants, privileges, and immu- vacancies] §. 3. And be it further enacted, That when any vacancy nities whatsoever, which may belong to said institution, or how sued. may happen by death, resignation, or otherwise, of any of which may hereafter be conveyed or transferred to them, the commissioners'of said academy, the survivors, or a ma- to have and to hold the same for the proper benefit and be- jority of' said commissioners, shall fill the same, in such hoof of said academy. manner as shall be pointed out by- the by-laws and regula- § 4. And be it further enacted, That elections of trus- Elections . ti'ons of the commissioners aforesaid. , T • tees shall be held at such periods, and in such ways, and^vacan- DAVID "ADAMS, and vacancies occurring in the board, or in the officers, shall g^dhow Speaker of the House of-Representatiyes. be filled in such manner, as may be prescribed by the proper THbMAS STOCKS," . authority. President of the ^Senate.1' § 6. And be it further enacted, That if said academy if suspend- Assente.dto, November 21st, 1823. * shall at anytime suspend for the space of twelve months, twelve * G, M. TROUP, Governor, this act shall be considered as repealed, and that this act " ■ *', . shall at all times be subject to amendment or repeal by the repealed. [No. 40.] AN ACT* '-to he entitled 'An Act to amend the title of legislature. DAVID ADAMS, an Act to establish Academies in the'Counties of Speafcer of tbe^ITouse^ol Rep^eseng.t.ves. Bryan and Pulaski. * • President of the Senate. Preamble. Whereas the said act provides for the establishment and Assented to, November 24th, 1823. incorporation of the academies of the counties of Bryan, . ' G. M. TROUP, Governor. Pulaski, Baldwin, and Mcintosh, and the names Of the two last counties are omitted"in the title of said, acts; .^.T ' ^ . n i rxr Title Be it therefore enacted .by 'the- Senate and House of Be-- ACT t0 Corporate the Madison County Academy, [No. 41.] amended, presentatives of the State of Georgia,in General Assembly ' an^ appoint Trustees for the same. met, and it is hereby enacted bf the 'authority of the same, - Be it enacted by the Senate and House of Bepresenta- Trustees of That the title^of the said act be and the same is hereby tires of the State of Georgia, in General Assembly met, county11 amended, so as to read in the following manner : "An Act and it is enacted by the authority of the same, That to establish and ihcorporate the Academies of Bryan, Pu- from and after the passage of this act, the academy and incor- - laski, Baldwin, and Mclntdsh." of Madigon county shall be known and called by the name P°rated- DAVID. ADAMS,- -of " the Madison County Academy;" and that Charles Sor- Speaker of the House of Representatives, vels, James Long, Willis Towns, William Sanders, and Ed- . , THOMAS STOCKS, ward Ware, sen., "and their successors in office, be, and they President of the- Senate, are hereby declared to be, a body politic and corporate, by Assented to,T>ecerriber 10th, 1823. • the name and style of" the Trustees of the Madison County Theirstyie. — G. M. TROUP, Governor., Academy;" and as suchshall be able and liable in law to sue May sue - - T. ~ * •. ' arid be • sued, plead and be impleaded, and shall be author- suedbe oj ctutnam. ^ by-laws are not repugnant to the constitution and^ laws of officers Be it enacted by the Senate-and House of "Bepresenta- this State : and for that purpose may have and use a com-Use a com- feesJfHar- *ives °f the State Georgia, 'id General Assembly met,' mon se^\} appoint such officers as they may think proper, XT .p®1' mony Aca- and itjs hereby enacted by the authority of the same, That "an(j remove the same from office for improper conduct or p™1 offi" minated" from and after the* passage of this act, the academy neglect of duty. CerS' pointed00' county Putnam, now known .by the name of §' 2. And be it further enacted by the authority aforesaid, Capable of Harmony Academy, shall, be called.and knowri by that That the said trustees shall*be capable .of-accepting and ai^bS name ; and that Thomas Wardiman,,President,,. William L. be invested of all manner of property, real and personal, all i»yesied3 Walker, Secretary, and John A. Cogburn, Jervis Davis, donations, gifts; grants, privileges, and immunities whatso- perty.pr0* Overton Walton, Peter R. Gee, and Thomas Ingram, other ever, which may belong, or which hereafter be conveyed trustees of sa'id academy, and their successors in office, be, or transferred to them or their successors in office, to have and they are hereby declared to be, a body corporate and an(} to hold the same, for the proper benefit and behoof of Theirstyie. politic, by the name and style t)f " the Trustees of Haimbny sajd academy. May sue Academy;" and as such shall be capable arid liable in law to ^§3. And be it further enacted bythe authority aforesaid, shall annu- SSP sue and be sued, plead and. be.impleaded, to haveand use That it shall,: and is hereby made the duty of the said trus- Sianytof * their funds * Act (No. 26) amended by this Act. * SeeAct(No. 148) authorized to raise a sum of money by Lottery. the C 2 ' Jury. 30 ACADEMIES—1824. tees, and their successors, in office, to lay before the grand lives qf the State of Georgia, in General .Assembly met, Name of jury, at the Fall term of the Superior Court of said County, That from'-fm'd immediately after the passing of this act, ^y. ?ade in each year, a full and correct statement of the situation .the Farmers/ Academy in the county of Elbert, now know,n* and investments, of the funds of said institution, in such man-, by the name of Eudisco Academy,, aha[l be known and ner and form as they may think proper, or said jury [may] called by that name / and that John Banks/ Bedford* Harper, Trustee^ recommend. And'the said returns shall, by the said jury„ rWilliath H. UriderwOod, Asa Thompson, and, Joseph Buck'er, A«Sy Said return be delivered to the Clerk of said Court; and it shall be the and their, successors iii office,be> and they are hereby de» before^'he duty of the said Clerk to deliver the same to the Senator clared a body piolitic arid corporate-'by the name and style of r>orateA-w Senatus elect from said county, to be by him laid before the Sena- " the Trusteed of Eudisco. Academy and as such shall be Academi- tus Academicus, when thereunto required. capable; and liable in law to sue and sued, plead and be May «Ue vacancies. .§4. And be it further enacted, That when any vacancy impleaded, and ;shall be authorized to make such by-iaws ""edX shall happen in the board of trustees, it shall be the duty and regulations,: a?,may be neegssary-lpr the go vernment of Make by- of the said Grand Jury to fill such vacancy or vacancies said , academy Provided, .such bylaws, and regulations, proviso, which may so happen. - .* be not repugnant to the constitution and laws'of this State :() . Shall ap- §5. And be it further enacted, That the said trustees and fpr that "purpose rhay have'and use a common seal, and Use ^pom- Treasurer he, and they are hereby required to appoint a treasurer, appoint such officers astheyjnaythinkproper, and-remove the ahdap2'' ^ve bond seParate a,?d distinct from, their own board, and to take same from office for .improper conduct or neglect of-duty, andsecu- good and sufficient security for the faithful performance of § ,2.;- And be itfurther ertg.cted.by the authority aforesaid, capable of "h* ; the duties required of him, in such manner as, will effect- That said trustee? shall be capable of accepting and-be ually secure said institution against - any loss which might invested with all maimer of property, real and personal,/all &c.. happen by his misconduct. - " v donations, gifts, grants, privileges, and immunities whatso- DAVID ADAMS, ever,'which may belong to .said institution, or which mky. Speaker of thd House of Representatives.^ hereafter be conveyed or transferred-to them or their sue* THOMAS STOCKS, cessors in office", to iiaye and to hold the same for the proper President of the Sena,te. benefit and Behopf of said academy;' . . » Assented to, December 13th, 1823. ; ' § 3".' And he- it fuHhsfenacted by (he authority aforesaid, vacantia; G. M. TROUP, Governor. That when any vacancy mayJiappe'n by death, resignation, or ' ' V- dtberwlse1, of any of the trustees of said-ncademy, thd siirvi-; . . [No'. 42.] AN ACT to appoint Trustees of the Clark County Aca* vofs, py a majority of .said trusteed, shall filLthe same in such " „ demy, and to incorporate the same. , ■ manner as shall be ppihted out by the by-laws, and regula- Trustees of ' Be it enacted by the Senate and House of ,Representatives li°ns of the said trustees, .v ' cj County of the State of Georgia, in General Assembly met., and itA&. ' a Academy hereby enacted by the authority of the same, That Thomas Speaker of the Honse of Representatives, and'incor-Mitchell, EdwardPaine, Sterling Elder, William Meriwether, r . -/ ' rHOM AS SIOCKS, porated. Hezekiah W. Scovell, John -W. Graves, and John Hi Lo we . w" - ,' v ' • president of the Senate, be, and they are hereby appointed trustees of thfe Clark County A^en!®'^ t°o December 20th, 18^3.^ , ' • , ' _ Academy, and constituted a body politic and. Corporate, ~ '* T Governor.- Their style, having perpetual succession under the name and style Of the . „; v / .. . "• v'• "1824.- Trustees of the Clark County Academy and By that name AN/A(/T appoint Trustees of this. Jasper :Cowhty. [No'.'44.] May hold and style are hereby made able and capable 'in. 'law,--to../ fAatd&myi-And.-to- incorpordwfhe %icake^:aiid 'alsox property, have, purchase, receive, possess, enjoy, and retain, tp th'em grimly Lotteryfor the benefit.thereof.' l- . • and their successors, lands rente, tenements, .goods,.chat- j BeUaumted^tm^eandH^tf 'l^r^entat^eiof ^^ els, and effects of what kind, nature, or. quality soever,; and the State of Georgia, .,h General teiemtiyvbi.and it Mebg & the same to sell, alien, demtse, or dispose of, for the benefit cnaWed hy the hamel'That Jeremiah rearson, SS, r\t fhA mofilnftAn i nlvn ntnrl 4/\ rhoin OQi'n • trv on/1 4 a ho —I... - A ,K ' _ • < _ _ * . _ nnminotn/l nominated sueandbeOf the institution intrusted to their care; tq-sue and to be Eli Glover.No'rbome B; Powell, Jessd Loyall,'and Peter W. a„d i,«. sued> p'fd and «• be impleaded, answer and be answered, in ^ aiid hereby appointed trusted of the l-tt.- courts of record, or other places j and also to.make, hav6,apd jasper County Academy, and constituted a,body politic and uSe a common seal, and the same to break, alter, and,renew at c6^orate> having pferpetual' succession under, the name and ' pleasure; and also to ordain, establish, a^expeute such by- m^o{ «the'. Trustees of/the Jasper Co pnty Academy Theirst* ' " laws, ordinances, and regulations-as may by thern be deemed . hy. tliat name "and style are -fief-eby made .able and • necessary, not inconsistent with the constitution and laws of capable in law' to have',.purchase,, receive,' ^possess,-enjoy, May hold this State. ' .-anff rptain, to them, and their successors in office,- lands, Pr?PertJ- . i^appoima 2" • it further enacted,- That thersaid^'trustees, tenements/ rents, goods, chattels/ and effects/of what kind* secretary or a majority of them, shalLhave power to appoint a se- nature; oi; quality soever ; and the same to sejl, alien, demise, LnrerTrea" cretary and treasurer, Under' suph restrictions, obligations, 0~r dispose .of,/for the benefit of the 'institution intrusted.to ".r , and regulations as-may to them appeav suitable andpropler/ -ffieir^care; to^ sue and'^be jsaed, plead: ahd be impleaded, sue and i: Vacancies §3. And be it further enacted, Tlvxt when any.vacancy ahswe.r arid.be artsw.ered, in courts orrecOrd, or other places;sued- how ailed. or vacancies shall or may happen by death^resignation,'or.. and;also-to make,have, and ugh a.cotrimon sealVWd the same Makers otherwise, such vacancy mayBefilled by the /said trustees arid Xarb]'also-td ordain, estab'iislvand execute such bylaws," Z**T in such manner .as. they may deem proper,- any law to the ordinance^ and regulations, asby them be deemed neces. " contrary notwithstanding, . • . • sai»y; not inconsistent with the constitution' or laws of this - / . - D.AVID.-ADA1VJS, - gtat(?> . ' , . , v . Speaker of theHouse ofi RepreseBtefjyesi - - ^2. And be itfurther enacted,. That prepaid trusteed/tor Appoint a THg.MAS "SrOQK^,. . a majority of them, shall haVe power to •appoint a secretary and/iw .. . < President, of the beiia.te, and'treasurer, under buch regulations, obligations, apd re^ sur«- Assented to,.November 21st, 1823. ;■*•"' stricti-ons, as-may to thehi geeiji suitable and proper.. . . v -. * . G. M. lROUP, Governor. - § 3. And be it further enacted, That when any vacancy Vacancies- a at inm >r ^+7 /• a shall happen, by death,"resignation,^ or ptherwise, such va- • [No. 43.] AN ACT to incorporate Eudisco Academy in the candy may be filled by the said trustees* in such manner as County, of Elbert.' '• they may deem proper,any law to thq contrary notwith- Be it enacted by the Senate and House of Representa- standing. ACADEMIES.—1824. 21 Authored § 4. And be it further Enacted, That the trustees of said the sum of ten thousand dollars, for the faithful discharge of lotteryethe academy for the tithe being, or their successors in office, the trust reposed in him. woo* ^e' an^ are ^iere^ authorized to raise t^osum of three § 7. And be it further enacted by the authority aforesaid, Repealing Money thousand-dollars by lottery ; which sum or any part thereof That all laws,-or parts of laws, militating against this act be,claUaC- apphedh°^ when so raised and received, shall be applied by saffi trus- and the same are hereby repealed : Provided, that nothing in Previse tees, or their successors in office, to the exclusive use,.benefit, this act shall be so construed as to dissolve the affinitive re- and promotion of the interest of said institution, any law- to lalion between said institution and the Senatus Academicus ■the contrary notwithstanding. v of thisL State ; but the same shall be construed as amenable JOHN ABERCROMBIE, ' to and entitled to participate in all the advantages now by Speaker of the House of Representatives, law derived from the same. ALLEN B: POWELL, . ' JOHN ABERCROMBIE, President of .the Senate. Speaker of the House of Representatives. Assented to, December 15th, 1824. ALLEN B. POWELL, G, M; TROUP, Governor. President of the Senate. , — " < Assented to, December 9th, 1824. [No. 45.] AN ACT * to incprp'ofctte'the Lawrencepille Jlcademy, in * G. M. TROUP, Governor. the County ofGwmnette, and to appoint Trustees for ' r —. the same. AN ACT# to authorize the Justices of the Inferior Court [No. 40.] Trustees of Re it enacted by- the Senate and House of Represent- for County of Fayettef out of any lands heretofore viiieAca-T atives. of .the State of Georgia, in General Assembly met, bU them purchased for County purposes, and not other- SmaT il is hereby enacted by the authority of the sarhe, That wise appropriated, to convey to the Trustees of the Fay- auTincor-William^Maltbey,'Edward. Fea'therstone, George M. G'res- ette -County Academy such portion thereof as may be pointed.j "William J. Russell, John G. Park, he, and the same are deemed necessary for the purpose of erecting an Aca- hereby appointed, they., and their successors in office, shall 'demy edifice thereon. be, and are hereby declared to be, a body corporate, by the Be it enacted by the Senate and House of Representa- Theinfe- name and'under the title of " the Trustees of t^e Lawrene.e- • tives, bf the state of Georgia, in Genenal Assembly met, . ■ ville Academy," with the privilege of using, a cpmmori seal. and it"is herehy enacted hy the authority of the same, That County au- May appro- § 2. And be it further enacted, That the said trustees, the justices Df the Inferior Court of Fayette county be, c^ve? 10 moneVlc. apd-their successors in office, -or a majority of them, are and theyi or a majority of them, are hereby authorized, pro- l^oihe hereby authorized and empowered to appropriate in the vided they think proper so to do, to convey to the trustees thei?Aca° manner they may think calculated to promote the.,interest cf the'Fay ette County Academy, and their successors inSJ of the aforesaid institution, and to erect suitable -edifices'for in fee simple, any portion of the lands heretofore by Academy ■the promotion of - literature,, all monfey and specialties be- g^id justices purchased for county purposes, and not other- e ^ longing or in any wise appertaining to skid institution, wjse appropriated, which may be deemed necessary for the 5wTk8 § 3* And be it further enacted by the authority aforesaid^ purpose 0f erecting an academy edifice thereon, any law to &C; ' That the aforesaad trustees and their successors in. office, the contrary notwithstanding. or a majority of them, are hereby authorized to make-such . JOHN ABERCROMBIE, by-laws and regulations, as may bd. necessary for the go- . -Speaker of the House of Representatives. Proviso, vernmentof said academy; Provided, that'such by-lafws ALLEN B. POWELL, and regulations be not repugnant; to the constitution- and • President of the Senate. pn,ypprtyd !awsbf this Sta*e"<- abd lhat they be intrusted with all manner Assented to, December 9th, 1824. real ami/ of property, both real'and personal, all - donations, gifts, ; ' 1 G. M. TROUP, Governor. personal, grants, privileges, and- immunities • whatsoever.^ which m^y ■ . ibelong. to said institution, by virtue of Ihis act, .or which may \AN ACT to authorize the Justices of the Inferior Court o/[No. 47.1 hereafter be made,conveyed, or.transferred to them -or their jyew(on Cdunlu, to convty to the Trustees of the New- successors," office, to h,«e and to hold the same.- laden,y at Covington, a part of the Sr .Uni heretofore purchased for county purposes, for the That the trustees-aforesaid, and- their successors in office, «-«»«* j ur r ' shall, and they are'hereby dpclared"to be capable of suing %»&»' 'J <"a'»g theJeont an ed}fife- , and being sued, impleading and being, impleaded, and of Be it enacted; by the Senate and House of Representa- Then.*, using all necessary and lawful means for securing -and .de- State of,Georgia, m General Assembly met, f iN , fending any property,'debts,'or demands whatsoever; which ■«»* f « e^c'ed. tU aut/w"'? ,°f i!w same'\ZSi«, they rhay claim or demand in right of said institution, and fiat the justices.of the inferior court of the county of also of recovering the-rents, issues, and profits of the same, Newton, or-a majority-of them be,-and they are herehy f - ' or'any .part or parcel thereof. ' " '■ -• " ' authorized and empowered, out of any land by them here- ftgm Vacancies § 5. And be it further enacted by the authority aforesaid,, tofore purchased foy county purposes, and not otherwise Aradeu,y taw num. fhlt should any vacaricy happen by death, resignation, or disgosedbf, to convey tothe trustees of the Newton County-SVIT removal of any of the trustees of said academy hereby au- Academy at Covingtpn, m fee simple, such portion Academy thorized and established, it shall be filled in such mdnuer as as may be thought necessary for the. purpose of erecting edifice, and a majority of the remaining trustees may point oufjn their ,an" academy edifice-thereon, and.such other-lot or lots ol * regulations at their firstmcetingflftet the passing of this ^ct, land as tbe faid Just^ces of. the. court-may think proper to Provide, or ai any meeting thereafter I Provided, that the sariife shall convey to the trustees aforesaid, by; way of-donation or not exceed-twelve.monfhs. ' • otherwise. AUT?.>/vb™iTmp May select §6. And- be it further enacted by the-authority aforesaid, ' . , JOHN ABLECROMBIG, That the said trustees slialf haye power td^seleet a treasurer, Speaker of the House of J^Pr®®®nta lves* shall give] who shall give bonr] and approved security to said board.-of ALiLiXjLM o. 9Murityd trustees for the tjme being, and theii* successor? in office, in . • Fresident °t the Senate. seeunty' 8 Assented to, December 2, 1824. 5^ee (No. 73) si * Trustees added. (No. 73) Founh and fifthsectidns repicalfd. . G. M. TROUP, Governor. (No. 134) Eight Trustees a^ded. (No. 151) A Li ttery granted. (No. 151) Two Trus- tees added. . - r * See (No. 142) authorizing a Lottery fbr said Academy. 22 ACADEMIES.—1824. [No.48.] AN ACT* to incorporate the Clarksville Academy in proceeds of' the Poor School Fund, among the different the County of Habersham. . counties in this State. • ; —t u ^ f Senate and House of S rn, . r _ j. , r /». , i - - e Senator of the-countY of Chathanii'cf-the state and condi-Benatus • porated. That from and immediately after the passage of this act, . . ■> Sena;us Academicns' aecOrdW to . the .academy in the county of Habersham shall be known " 1 ben.atus AcademicuS, accordmg to cua. and styled by the name of Clarksville Academy"; and that th„e f ,?* act, ° aV^,? ,. D?cef r v James Hudgms, Hudson Moss, Charles Bake?,"Absalom " g and twen,rtw'>> hCTe'» before Holcombe, and James Allen, and their successors in.office <■ n .. n .7 v" 'j'j.'nn: 4;4l * e ■ j „ . be, and ttoy are hereby deChred to be, a bod, politic and J/'M % piTd «.? Theirstyie. corporate, by the name and style of" the Trustees ofjClarks-. , u h'k " *ri f J. * r r *i f-ft» r* • -r,^159in"8ha,n ™ . villi Academy and as such shall be capkble and liable in \a.™',slla11 i,ald to tlle justices of, the Inferior Court of ZiU* law to sue and be sued, plead and be impleaded, and shall S J ;.COun V* ABERCROMBIE, EST KT authorized to make such by-laws and regulations as may " . , " Speaker.of the HouSe of llepresenlatives. Proviso, be necessary for the government or said academy,; fro-. • . f , ALLEN B POWELL'" " vided such by-laws are not repugnant to the constitution . v ibtr S^SST a"d laws of this State : and for that purpose mayr.have. and Assented to, December ,2Qth,; 1824. - /V"- -. * ' ^ a. Mfnrouf Governor.:,. . . duct or neglect of duty. *• . - •' T"8—~~ -.» ' ' 1 , . * Mafp"; § 2- And be it further enacted by the authority aforesaid, .AN ACT. to authorize the Trustees.andCommissioners o/rNo.50.1 property, That the said trustees shall be capable of accepting ant] • Emanuel County Academy to' establish Free Schools in &c- being invested with all manner of property, real and" per-,- said*County • ^ sonal, all donations, gifts, grants, privileges, and" irhmuni-- : v.? "fy, r>J r,- ' .'.-ties whatsoever, which may belong to slid institution, or .Be by. fbe Senate and House of Bepresenfa- which, may hereafter be conveyed or transferred to them or U?e* of the-State of. f org^a, m General 'Assembly .met, ' their successors-in office, to have and to hold the same for ^ ^ -hereby macted'ty the authorzty of the _same, a the proper use, benefit, and behoof of said academy ^ -' - ^hat " the trustees and commissioner* of Emanuel Coijnty ^Ue Vacancies. § 3. And be it further enacted by the authority aforesaid;- Academy : are hereby .au.?horized^ to appropriate - all -or aj-f That when any vacancy may happen b, death,'resignation; ^ich may H m hand belonging m ^ or otherwise, of any of the trusties of said academy,, the **4 <««!«■» to ^ »cb(>ol*.-n* shrvivors, or a majority of said trustees, shall-fill the! ^.feeld -f™r at" P'W;-01 ■?'»«* >?»''4county, as the. same in such manner as shall be pointed out h the b,-lawk, -sa-,d trustees and commissioners ma, thmk proper.; and they Proviso. and -regulations of the trustees aforesaid t.a!^orae? to. eroPlof one: for eac{l - nothing in this act contained shall operate to destroy or in .•c-* ', ' '_. .* * ... ■' j. ., „ . any wile impair the superintendence and control 'giken'by -J enaetef by the tivthorap aforesmi,-fff^« law to the Senates Academicus of the State, ovir public Th,at n» eMd or children shaU-receiyei them tuition gratis,; tl„n-E^,. schools instituted or supported by public moneys or ^fund's . and an, money _ wh^ may. arjse from the td.U™ of children - of the same . , sent to these schools shall ^o. to the support -of the same," JOHN ABERCROMBIE, ! -* i'> ,4"a >? fir fisher ametei Tbat.ihe WWjg" ' ' Speaker of the House of" Representatives. fsand commissioners of sard academy, or. a majority of mk,V, - r ALLEN B POWELL them, shall have powerle adopt Such rules.and regulations President of the Se'nate a^ inay be by'them thought most conducive to' the interest Assented to, December 9th, 1824. y ••CvaiiUaihools. . • •- tr. 'M. TROUP Governor : Y" - - - %U further enacted, That,jt shall be the To visit • ' V , duty of oriq or more of. tfie trustees and cofnmissioirers, t6 ^ . ». visit Rre schoolsvait. least once in "tw'o months, and,report Montiis. [No. 49.] AN ACT to vest the Poor School Fund, of the County of upon the condition-of the. said schools4o the general boafd. Chatham, in the Savannah Free School Society f^and .§" 5. And be: it further .'enacted-, That the trustees and Sbaiipur- .'the Poor School Fund of the Cotinty of Effingham in^ commissioners, shall" "purchase. sucU. books and .paper -"as ^esand the Justices of the Inferior- Court of that County. the children may want, while at school, and pay for the same gaper for .• ; , T . . ^ :' ■ - _ • . out of-the money belonging to said institution, any law or dren. schooi°0r . %t enacted by the Senate and House. of Representa-.',usagc"to the -contrary; notwithstandirig;' Fund of- tives of the State of Georgia, in General Assembly met,. JOHN ABERCROMBIE • County to and it is hereby enacted by the authority of the. same, .- ^ . Speaker of the House of Representatives, the'Direct- That from and after the passage of this act, such sum or- ' " ALLEN B. POWELL, : ' ' ressesof, portion of the Poor School Fund as would, under the pro- _ - President of the Senate. schooTso- visions of the laws of this State, "be payable to tl^e trustees,. Assented to, Decemher 20th, 1824. . - . . " ' ' . ciety of sa-to be appointed for that purpose by the'justice^ of the In-. • , ^ G.1VU TROUP, Governor." vaona . ferjor court 0f Chatham county, be paid by his excellency ' . . - ■ • ' the Governor to the directresses of the Free School Soci- iXT A ri>r. t • > j ' ' in- „ t n ' j • rxr *i ety of Savannah, fordho use o-f said school; and that such AN ACT toeompel.persom holding Academy. Funds Ml [No. il-i Money sUm or portion be drawn for in the manner directed-by'the . . their hands, to pay interest in certain case's»- - , Personj drawn. fourth section. of an act passed the twenty-second day of *Be if enacted by the. Senate and Boute of itepresenfa- December, one thousand eight hundred and. twenty-three, tives qf the: Slate, of Georgia, m General Assembly-met, entitled An Act to alter and, amend an act passed the twenty- and it is hereby enacted, by the authority of the same, That tSSTot third day .of December, one thousand eight hundred "and • a|[ .and evejy- person or persons, who now has, or here- person ap- twenty-two, to distribute the Bank dividend and other netf after may:.have,- in" his ,or their hands, any money be- ~ x longing to academies, other than the trustees of said acade-to Pay 29 6i, .pp.inirf. M irilMMm ky mies,. or persons-entitled "by law to have the name, which PS. ' till thev ■etUe up. ACADEMIES—1824. 23 has arisen from the sales of confiscated property or other- wise, shall pay at and after rate of twenty per cent, per an- num, until they shall have settled and paid the same to the trustees of academies, or other persons entitled by law to have and reeeive the same. Any person §'2. Be it further enacted by the authority aforesaid, ever^oid- any Person or' persons, whether trustees, commis- Tint Aca-» sioners, or agents of apy aeademy in this State, who shall fndreftwh8 refuse, wljen required by a majority of the trustee's or com- ing to pay missioners of said academy, to pay over to the treasurer' them wiien , • . j l • j • . • ^ demanded or other person appointed, by said commissioners, or trus- days "li a we *ees as ^foresaid, within ten days after defnanded, all sums to same belonging to said academies'in their hands, shall be liable penalty. ^ ^ game Merest, until paid, as persons in the first section of this act subjected to, for holding funds, unac- counted for, any law to the contrary notwithstanding. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, ' . _ President of the Senate. Assented to, December 20th,. 1824. G. M. TROUP, Governor. [No. 52, The Infe- rior Court of Henry County au- tliorized to convey to the Truse tees of Henry County Academy any land belonging to the • - County, whereon to erect an Academy edifice. [No. 5k.] Trustees of Houston County ' Academy continued and incor- porated. Their style. May use a May appro- priate tile moneys-! &c. Make by laws, &c. AN ACT to authorize the Justices of the Inferior- Court of Henryj County to convey to the Trustees of the Henry County Academy a part of the lands heretofore pur- chased for Countypurposes, for the purpose Jtf erecting thereon an Academy edifice. Be .it enacted by the Senate and House of Represents- tires of the- State of Georgia, in General- Assembly met, and it is hereby enacted by the authority of the same. That the justices of the Inferior Court of Henry county be authorized and empowered, out of ariy lands by them heretofore 'purchased for county purposes,-and not other- wise disposed of, to convey to'the Trustees of the Henry County Academy, in fee simple, such portiofrthereofas may be thought riegesspry for . the purpose of erecting an academy edifice thereon, arid, such .other lot or lots of -land as the said justices 6f the court may think proper to convey to the said trustees aforesaid, by way of donation or other* wise. . , JOHN ABERCROMBIE, Speaker of the House of Representatives. ' ALLEN,K POWELL, ' _ Presidentnf the-Senate. Assented to,.December 9th, 1824. ~ G. M. TROUP, Governor, AN ACT to incorporate the Houston County Academy, and to appoint Trustees for the same- § 1 . .Be it'enacted by' the Senate and House ' of Repre- sentatives of the State of Georgia, in General Assembly met, and it isliereby enacted,by the authority of the same', That Howel Cobb, Wilson Collins,. Michael Watson,"Charles. F. Patillo, and James'Holt, sen., who^wrire appointed, at the, last session of the Legislature,.commissioners of said academy, be -continued as-' commissioners aforesaid and that they and their successors-in office shall be,' arid are hereby declared to' be,, a body corporate*.by tfie*name and under the title of " the Commissioners and Trustees of the Houston County Academy,"'-with the privilege of using a. common seal. . ' § 2. And be it further enacted, Thht the said trustees and their successors -in office, or a majority of them, are hereby authorized and empowered to appropriate in -the manner they may tfiink best calculated to -promo,te the in- terest of the aforesaid Institution, and to erect suitable edr- fices for the promotion of literature. § 3. And be it further enacted, That the aforesaid trus- tees and their successors in office, or a majority of them, are. hereby authorized to' make suc'h by-laws and reoula- tions as may be necessary for the government of said aca- deip'y ; Provided, that such by-laws and regulations be npt Proviso, •repugnant to the constitution and laws of this State : and that they be intrusted with all manner of property, real and ™d personal, all donations, gifts, grants, privileges, and imuiu- pertyf&c. fiities whatsoever, which may belong to said institution, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the benefit of said institution. § 4. And be it further enacted, That the trustees afore- and be said, and their successors in office, shall and they are here-fcued' .by declared to be capable of suing and being sued, of pleading and being impleaded, and of using all necessary and lawful means for securing and defending any property, debts, dues, or demands whatsoever, which they may claim Or demand in right of said institution, and also of recover- ing-the rents, issues, and'profits of the same, or any part or parcel thereof. § 5. And be it further enacted, That should any vacancy Vacancy happen by death, resignation, or removal of any of the trus- how lled' tees of said academy, it shall be filled in such manner, as a majority of the remaining trustees may point out in their regulations, at their first meeting after, the passing of this act, or at any meeting thereafter : Provided, that -the same Proviso, shall not exceed twelve months. §".B. And be it further enacted, That the said trustees To select a sliall have power to select a treasurer, who shall give bond who1 shall' and approved security to said board of trustees for the siv'e bo,ld . • 11- -re ■ .1 C n and secu- time being,, and their successors in office, in the sum of five rity.- thousand dollars, for the faithful discharge of the trust re- posed in him. § 7. And be it further enacted, That the trustees afore- ^rkuestac®s 10 -said shall take" and subscribe the following oath, before the oath. Ipfririor Court of said county, or some member thereof:—I, A. B., do solemnly swear, that I will faithfully discharge the duties of commissioner or trustee of the Houston County Academy, to the best of my abilities. So help me God. 8. And be it further enacted, That all laws, and parts of Kepeaiing laws inilitating against this act be, and the same are hereby c ause' repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented "to, November 25th, 1824. G. JVI. TROUP, Governor. AN ACT to establish and fix the name of the Academy in the Town of Forsythe, in Monroe County, and to incorporate the Trustees thereof. Be it; enacted by the Senate and House of Representa- tires 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 passage of this act, the academy in the town of Forsythe^ in Monroe county, shall be called and known by the name and under the title of" The Forsythe Academy;" and that Henry H. Lumpkin, Mordecai C. .Howard, Wilkins Hunt, Isaax;. Welch, and James S. Phil- lips^ be, and they are hereby appointed trustees, and they and their successors in office shall be, and they are hereby de- clared to "be, a-body corporate, by the name a-nd under Ihe title of "the Trustees of the Forsylhe Academy," with the privilege of using a common seal. § 2. And be it*further enacted, That the said trustees and their successors, or a majority of them, are hereby au- thorized and empowered to appropriate all moneys and spe- cialties belonging- to, or in any manner appertaining to, the said"institution, in the manner they may think best calcu- lated to promote the interest of the same ; and to erect suit- abl& edifices for the promotion of literature. §"3. And be it further enacted, That the aforesaid trus- tees and their successors in office,- or a majority of th m, an; [No. 54.] To be call- ed "The Forsythe Academy." Trustees of Forsylhe Academy nominated and incor- porated. May use a common seal. May appro- priate the moneys and other specialties. May in;.! 1. -UUVs, i-e. 21 '.ACADEMIES-—1824. hereby authorized to make such by-laws, and regulations^ . £ 4A And be it .further enacted, That when any vacar^cy^ag^ from time to time, as may be necessary for thegoyerririietft may happen) by .death, resignation, or otherwise, of any of • rroviso. of said academy ; Provided always, that such by-laws and, the trustees'of sf\kl academy, the survivprs, or a majority of regulations be not repugnant to the constitution, ahd\la.ws ' them, shall filithb same ip such jn^nner as shall be pointed Have and of this State: and that the said trustees be intrusted with -out "by the by-laws and regulations of. said institution: Pro-proviso, pertyf&c. property', both real and personal, all donations, gifts, "bided, .that iipthi rig inthis, act contajtied"shall be'.constriied grants, privileges, and immunities whatsoever, which .may , so as to prevent the^Seriaitys Academicu§ from the- rights- of belong to said institution, by virtue of this act, or which' inspecting'said institution, as now, by law pointed out. may hereafter be made, conveyed, or transferred to them. ' . v ,. . JOHN ABERCROMB1E, . or their successors in office, to have and to hold the same.' " ■ ■"',/ . '■ Speaker of the House of'Representatives.. Maysue § 4. And be it further, enacted, That the trustees* aforer • « V - . ALLEN B. POWELL, sued.6 said, and their successors in office, shall, and they are hereby - ' '/ • President of/the Senate, declared to be, capable'of suing and being sued, impleading- Assehted to, December 9tn,\ 1824; and being impleaded, and of using all necessary andiawful. - - *•>".. , G. M. _TROUP, Governor. . means for-securing and defending any property, debts, or . ";v • > - Li/. . .. demands whatsoever, to which they may be entitled in right " - # •/, f. * -<• . - of said institution^ and also for the recovery of the rents,- AN :ACT,h? incorporate thefcmale Academyat £"M"-.[N0.56.j issues, and profits of the same, or any part or parcel thereof. . - rriovty Grove in Jackson County. vcnci® § 5. And be it further enacted, That, should^any vacancy, . enacte)l j-, the Senate^anA Mouse of Repremta- Tnama happen by death, resignation, or removal of any of the: tix^aft%e StaietfCebrgia, in.Geniral Aeiembly met,And it 52= trustees of said academy, hereby authorized and established, fterefijr enacted .'by the authority of the Mate, That Kuiriel ».n,i.5 it shall be filled in such manner as a majority of. the, Jones, #Uiiam-Putts,Samuel'Bataett, Fredermfc SteSart, remaining trustees-may point out in their reflations, ,at and'John1 A, .Rhea be, and.they are hereby madband^ Proviso, their first meeting after the passage of this act : Promded, ^ed. t0-be,'a body Politic tad corporate, by thb-narte tad'. said rneeting tabes place within twelve: months. . . ' - . .^'epf" tfleTruste^'of llarmoity Grove Aetaemy/t'andfls Thol,.»a That the said trustees- ^ tad,.'.politic and tdrporatei shall be Capable df-doing'' ., whoshaii shall hfve the power to select a treasurer, .who shall ;give a,laols ;?hi6h m he JeceSshry-'forthe Complete.executien SlsW bond and approved security to the said board of trustees. 0| tBa tfus, confjdeil t0 them,:atid shall he invested with allT»v«M ,1,,. . • for the-time being, and their successors in office, m .thesum p ,'erty both reaUnd phonal, whieh shall 'be ahquirdd byS^E of ten thousand dollars, for the faithful discharge' of -the- ^fiag9> gifkOT otbei.'wiSe, fer, the .Use and beneljVii'f said trust reposedin him. '■ ' L ;' ihsti'tutibhr afid ^liajl be cabable. of suing, and being'sued ; To sue and Si ' J,7' AnA be it further enoeted, That all, laws, and pa?s , atfd tBejf suctapsSrs iff dffice, of a L- of laws, militating against this act be,.aiid-the,sam« are. thA.^fa^ihti powe^of filling .vacancies 52-r hereby repealed. IRBY HUDSON } ' 1n.thVr'0wmbod.yvtind ^os^s/.[passing} sych-vby-laws• as Makeby- „ > , TT IKDI uuudw, ^ iUavbe necessary to-carr^ the powers hereby vested' Speaker of the House of Representativesdpw. Ml'effect.: Prmded\ sbiS Kv-Iaws are not con in them laws,**. fujl/effept.: Pr6^ided,';sucK by-laws are not contrary tb Proviso. hi cor- ALLEN B;. PO-WELI,; >. t'he asidptastitaWof iliis'&te;' . • President of the.Senate. ; '..v'. • ; - o .JOHN ABERCROMBIE,: ■' • Assented to, November 25th, 1824 .. - . - .-. :■ 0f HSuke 61 Repfese'ntalivW. ^M- TROUP,.Governor, . , .. ;T>. ~poWKLL. . [No. 55.] AN ACT to incorporate the Fayettevijle Academy in the Assentech^to,. Decembdj 26th;^^1^24 t^®.Sdnat®* ■ County of Fayette, and to appoint Trustees for the -* .. •/ / * - - , G, "M. TliOUP Governor. same. - ' ^ J ' ' *'• / - , •" * ^ • . 1ST'- Be fTtd,hy/n Se?at- nd ^Pfr^eienta- AN: ACT-Jo ap^nt TMtt&'s tfWMitison ' Ctmnty [No.57.] euevine twes of the State of Georgia, m General Assembly met, and : , 'AcadeTfw 'aiid^to irwornorate the same ' - nominated ^ ** hereby eq acted by the authority of the same, Th'at Jarpes ■' '.' — . * . ' / and incor- Head, VVyatt Hefflin, Jordan- Gay,. William Gilliland,'- sen.,- • v Beitenacted fyylhe Senate and JEtoiise ofRepresentatives of Trustees of porated. and EincJiey G. Stewart- be, and they are hereby* appointed, tlfe State of. Georgia ,'in General Assembly friei,and it is hereby J^jy60" and they and their successors in office shall,'and-they are. enacted hy:-'the^.autKetility -of- the same* That'Williarii Bjeck, Academy hereby declared to be, a body corporate and politie, linger" James Neal, Al'pheu&.Beall, JohntE. Sim'mons,.Charles Cul- Sndr'hT1 Mayrusea the name and title of" the Trustees of the Fayette County-/pepper, Llwelleh-•'R.pber'tsop, and .Richard Whitaker, andP°r¥cd; 8esdmon Academy," with the privilege of using a common'seal".' . . . -their successors in office, l^e/and thfey'aice hereby declared to^ Sue and be §2. And be it further enacted,- That Said • trustees-be, a^bodypoiitica-nd corporate, by the name-and stylao'futhe 3l,ed' , shall be capable in law to. sue and be ,sue'd,}plead and ,be Trustees'of V^ilkinso'n County AkCademy.j" and a? s'ucl^bo.dy' Make by- impleaded, and shall be authorized to make-such by-laWs and politic »nd corporate, shall'be capable of doirig all acts whibh laws, &c. regU]atjons as may be'necesstiry for the government of said- may be necessary for the complete execution of the trust cop- academy, and for the advancement'of literature'iri thersame; fided to them f that they shall.be invested WitL all pianper of ghanbein- Proviso. Provided, such by-laws be.hot repugnant to the constitution property, Both real and personal, VvhicK shall be acquired by and laws of this State r apd may appoint such officers as they gift, purchase, or otherwise, for the use arid benefit bf the prq 'y' may think proper,.and reiqove the same-from bffice foi; im- said-academy ; shall be capable of string and being.sued, of Tosueand proper conduct or Pegfect of duty., ' •> having .and us.ing a- co.fnmon seal ■; and they, the said^ trus- May accept1 § 3. And be it further enacted, That" the said-trustees tee's/and their successors fri offibe,'or- a majority of them, seal,*and vLteciVitb shall be capable of accepting and. being invested, with shall have the, privilege of makifig their own by-laws.: j^ws/ property. all ,mannerx of property, real 'and personal, all donatidhs, vided, t\\ey contain'nothing reprignantto the constitution aridProviso-- gifts, grants, privileges, and immunities whatsoever, Vhich laws of this-State,' p'r of the United .States." . * may beloiig to said iristitutiop, or wfiich may. hereafter/be § 2. -And 'be it further enaclcd, That the said trustees, To appoint conveyed or transferred to them, or theiV.successors in office, ^or.a majority of. them,-shall have potoer to.appoint asecre- to have fnd to hold the same for the proper benefit arid'be-* tary and treasurer, under such restri&tiohs. as they may surer, and hoof of said academy.'/ *. - ■ ' jdeem proper, and_alsa to fill all-vacancies Jn their own clel8<:aa. ACADEMIES.—1824 "25 bodv, which may 'be occasioned by death, resignation, or otherwise. JOHN ABERCRQAlBIE, Speaker of tile House of Representatives. ^ ALLEN B. POWELL, President of the Senate. Assented to, December 9thv 1824. G. M. 'TROUP,' Governor. porated. [No. 58.] AN ACT to establish and fix the Name of the Mineral Spring Academy, in the County of Wayne, and to An- corporate the Trustees thereof. sioners'tf ! it:' enacte^. h ^ Senate and. House- of Representa- the Mint- tires of the State of Georgia, in General. Assembly met, Academy and it is hereby enacted, by the authority of the same, That in vvayiie after the- passing of this- act, the academy of the eounty nominated ^ TTT . r » n » i* / , * „ , '•»/,. % and incor-of Wayne shall be .known, by the name of the Mineral- Spring Academy-; dnd that James Fort, Stephen C. King, Pliny Sheffield, William Clemens, and James Elvinston, and their successots .in office, be, and they are "hereby declared, a body politic and Qorporale, by the name and sty le ofthe Commissioners Of the Mineral- Spring Academyand &s such 'body, politic and corporate, shall be "capable of doing all acts which jnay be necessary for the complete execution. of the trust, confided to them * that they shall -be?invested, with all manner "of. property, both-real ajid. personal, which shall be acquired by gift,. purchase, or otherwise,'"for the use fuedand be sa^ ac^demfy; lhall be capable of suing -and^ being sued,- Use-acom- of having* and u'sin'g-a comrpori seal.. And-they, .the said make by^ trustees, and their .successors. in office, shall-have theprivr- fiiiVvaear? malring-'their own. by-laws, and of filling all- vacancies cies.aca'" in" their own board, which may be'occasioned'by deaths, ' . resignation, or otherwise, • : . . 1 . m'receive^ § ^ ^ it further enacted, That, the said trusfees be the Acade- authorized and empowered to receive all moneys irr the hands fi'cmntheey justices' of the inferior Court of the county .of Wayne,' Jn'e.iu- paid into their hands'for acade'my'purposes in said .county. Couit" " \ JOHN ABERCROMBIE,..- \ Speaker of the House of Representatives. -" " - ALLEN B. POWELL,; . . , . President of the Seriate. Assented to, December 15'thj 1824. - - , . . G. TROUPj -Governor,- or their successors in office, are he'reby required'to relin- cpiisfi the same, "agreeable to the true intent and meaning of this act, any law, usage, or custom to the contrary notwithstanding. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented toj December 9th, 1824. G. M. TROUP, Governor. May hold property, real and personal.'. [No, 59.] The ipcor- porated , Academies of Ogle- thorpe ' County.to} be entitled to a full " dividend of the Acade- my Fund. Proviso. The 1 Greene 'County ' Academy : also enli- 'tied. Proviso. AN ACT to entitle the incorporated Academies of Greene - and Oglethorpe Counties to their full Dividend of the Func\s set apart for the Coiinty Academies. - Be it enacted by; the Senate and House of Representa- fives of the State of Georgia, in General Assembly- met, and' it is hereby enacted by the authority of the same, That the incorporated Academies in the county of Oglethorpe, be, and they are hereby jdeclared fo be, entitled to their full dividend of. the fund set apart for county academi.es,-in the same manner as though no confiscated land had been purchased by'Richard'Carnes and Harrison'Afusgrove, for the use of Jhe. county : Provided ahvays, that shorild -said .trapts-pf land, or' either, be found, all right,- titler.or interest of,, in, and to the same, shall hereby be construed to "be fully and completely vested in the State of Georgia, and relin- quished for "ever to the same by sard trustees and comrriis- sioners, and their successors in office,"all deeds and convey- ances to the contrary notwithstanding.- § 2. And be it further enacted, That the. Greene County Academy shall be entitled to a full, dividend of Jhe fund set apart for county academies, in' the. same manner as though' no confiscated lands bad been 'purchased by the agents of said academy : Provided always, that should any of said tracts of land, purchased by the agents of said aca- demy, be hereafter identified, all right, title, and interest to the said land shall be,'and the same is hereby, vested in the State of Georgia ; .and the commissioners of said academy, D AN ACT * to incorporate the Clay ton Academy, in Raburt County, and to appoint Trustees for the same. Bp it enacted by the Senate and House of Representa- tives 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 passage of this act, the academy in Rabun county shall be known by the name of Clayton Academy ; and that Benjamin Odell, Samuel Faris, Edward Coffee', John Dillard, and Henry Cannon, and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of " the Trustees of Clapton Academy and as such shall be capable arid liable in law to sue and be sued; plead and be im- pleaded,- and shall be authorized to make such by-laws and regulations as may be necessary for the government of said academy ; Provided, such by-laws are not-repugnant to the constitution and' laws of this State: and for that purpose may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper conduct or neglect of duty.* § 2. And be it further enacted by the authority aforesaid, That the. said trustees shall be capable of accepting and being invested with all manner of property, real and personal, ail donatioris, gift's, grants, privileges, and immunities whatsoever, which may belong to said institution, or which may .hereafter-be. conveyed or. transferred to them or their successors in office; to have and to hold the same for the proper benefit and behoof of said Academy. ;§ 3. And be it further enacted by the authority aforesaid, That when- any vacancy may happen by death, resignation, or otherwise, of any of the trustees of said academy, the survivors, or a majority of them, shall fill the same in such manner as "shall be pointed out by the by-laws and regula- ' lions. of the trustees" aforesaid. •JOHN ABERCROMBIE, Speaker of the House of Representatives. " ' ALLEN B. POWELL, President of the Senate. Assented to,.December 9th, 1824. i G. M. TROUP, Governor. [No. 60.] Trustees ol Clayton Academy nominated and inror- porated. Their style. May sue sued, make by-laws, Use a ci m- nion-SeaJ, and ap- point offi- cers. May hn'd propfiity, &e. Vacancies. AN ACTf to establish and fix the Name of the Academy [No. 61.] at Carnesville, in the County of Franklin, and to incor- po'rate the Trustees thereof. Be it enacted by the Senate and House of Representa- tives of1 the State of Georgia, in General Assembly met, and it is hereby enactejt by the authority of the same, That from and immediately after the passing of this act, the academy at .Carnesville, in the county of Franklin, shall be called and known by the name of the Franklin County Academy; and that John Alexander, James Mitchell, John Stubbs, Matthew B„Hooper, and Henry Freeman, and their successors in office, be, and they are hereby "declared to be, a body politic and corporate, by the name and the style of " the Trustees of Franklin County- Acdderriyand as such body politic anfl corporate, shall-be capable of doing all acts which may be necessary for the complete execution of the trust'confided to them : that they sliall be invested with all * See (No. 10) Fines and Forfeitures to go to, &c. j Bee (No, 7:2) this Act amended. • Name of the Aca- demy. Trustees of Franklin County Academy nominated and incor- porated. 20 -AGADKMrES:—1824. May hold manner of property, both real and personal, which shall be AN ACT fo incorporate the JIuntsville Academy, in the [No.63.J property, aCqUlred by gift, purchase, or otherwise, for the u$e and County of'Jasper. ' . . . s«jato to benefit of the said academy, shall be capable _of suing and B^U.'eniaai^'lhe, Senate and Bouse'of Sepresenta- rnmrnu onisr ^me L |i««»g «nd usmg a common seal, of appomf- u . f - / in General-Assembly met, SSSf XMP ^s?cretarf ^ <*—%« • »nd *?M"> f and it is hereby enacted by the authority of the aama, Tbai^'S officers, and their successors in office, or a majority of them, -shall rrt j xs' t ^ • »f .1 j T u .if > cam lV rv audmcor- make bv- u a • 1 „ 1 • \u • u 1 ,» t>~ -j j Timnef Hunt,.Francis Morland, Joshua Hames, Smith Dn-poraud. ha;e ^a- ■ •• - - he United States, and of filling ali vacancies'in E*5 Vacancies. State or of the uuncu tJiaica, auu ut miing cm mwancica Hi .r- j-ah* • " • xm i n C , ■ ,, - -• their own board, which may be occasioned by death, resign T °?C'° tvft T ™ nation, or otherwise: Prlided, that nothing- in - his a?f to® ^ contained shall operate to impair or destroy imanywise the ?"e^ wtth^eprm}egeofn»n,g ^ rwvno. nalion, or otherwise: Prooided, that nothing iMh« acf *= superintendence and control given by law to the^Senatus- *. f^^T}ufurth^enacted,Xhs.t the said trustees; and Academtcus of h,s State over public schools, inshtuted 6r lhelr ^eeessorS imoffice, or a majority of them, are heVeby Kf? supported by pubhc moneys or funds of the sam^ ^, , aittorfaed aniTempowered to' appropfiate, in the manner, ' q t • r J^wt£ ^ ^yinay. 4tiink>'alculated to promote the iWest^ of said gpec,altie'- pea er o POWELL ' & - institution,' and toerect suitable edifices for'the promQtion . . • President of tbe Senate. . Assented to, December 24tii, 1824. ^ r ;'' «*>, G M TROTIP Governor ^ And be U further enacted, That flie aforesaid trus-^eby. . u. m. i ituur,. governor. teeg. ^ thejE giicces^6rs in- office," bf-a majority of .them,- \ [No. 62.] AN ACt'to incorporate the Goshen Academy in 'ihe^^^ hhthorized_to make^ such^y-1^ and feguH^na ; rt , C T ■ „ li j . t rJi . / ' as may.be.necessary,for the government of,said ac?.dehiy ; . Cfmnty of Lincoln, and appoint Trustees for, the afflna. -prorf^such by-laws- anj regtifajoiis-be notyejugnant to *"*» Trustees of Beit enacted by the Senate and Mouse of Replre- tli'e coristiiutiblf and laws »f this^State,, and that tliey :be-Jd- Academy, sentatives pf the State of Georgia, in General Assembly met, trusted with all manner of property/both /real and personal an^incol an^ ** hereby enacted by the authority of .fAe^^/That-'all- donations, gifts, grants/ privileges,'arid immunities yriiat- porated. -from and- after the passing of this act, the aCaden^y.imthe^ s6ever,;W-hidh may. belong .to -^aid institution by wi^tue of- ' b county of Lincoln, known by the name of Goshen-Academy; this>ct j o» wjhicb may kereaftet be 'conve'yedxir transferred . shall be called and known by that name; and Johh M'Dowell, to them or their sbccessors. in'office, to have iand~to hold the William M. Lampkin, Richard Prather, Noah Walton, and. same.- T' ' • .... James E. Todd, and their successors in "office, he, and they - § 4\ And be. it 'furiHe» enae^yffflaaA~ihd:4rpst^es--;afbre- J^gu^f4 are hereby declared to be a body corporate, arid politic, % said,5 and"their successor tin o0ice,.sliall be, ajjd they are / ' Their style, the name and style of." the Trustees of 'Groshen* Academy,"' hereby declared to :ber:caipable of suing'ahd bbhig. sited, im^ To sue and and as such shall be capable and liable in law to Sue> and be pleading, and being impleaded', arid' of ■-.using all necessary use "acom- sued, plead -and be impleaded, to have and to'use a .cpmuiori': and lawful means for securing arid defending "any property, , mon seal, an(j to do and perform all such. m'atters-anA things/"as 'diebts, or 4eiriands yylktsoever, which they may demand in. may be authorized by the constitution or furid^me^al regi^'^ght Pf-saidinstitutipri, 'r • lations of said academy. . - - ' " ' \ ... §5. And. That should^, any jacaney-Vacanci^ May make § 2. And be it further enacted, That the .trustefes} ,or. happen, by death, resignation, or otherwise* bf any of said- by-iaws. ^ proprietors of said academy, or such authority-as may* toe trustees of said academy/ it shall/be filled' in' such maimer authorized by said fundamental regulations, shall have jK)Wer -as the^remainirig-trustees may pdini but. . to adopt such by-laws and regulations^as .may bp necessary' : § 6.' And be it further endcted, That .the said trustees ' . Appoint for its government and prosperity, and to pppoin^and^re- shall. have poWer 'to .appoint a treasurer, who shall give mov^offi- move for improper conduct or neglect of duty, such officers bond and approVud security to the boHrd for the .time being,rer-who Proviso as may authorized- by the proper authority; Provided, and .their sucCessorsTp office^'in such, a/kunr .as the'trustees Sand that the Regulations for the government of -said ' academy may deem advisable. «'• . : \ ..." ' "security., be not repugnant to the constitution ancj' lawspf this State, . • r§- 7. And he it furthen Charted, Thpt all laws and parts'of ' a]. »and that nothing herein contained shall be so coristruedtis'to laws militating agaihpt this net bep; and the same arerherehy, clause.!"8 a majority prevent a majority of the trustees from acting'inali.Gasris, and repealed..',' • : JpHN^ABERCROMBIE, " to'acfand to fill pll vacancies, that may oCriur in'the board pf "trustees. ^ - / .V " ' -SpeakeroC"tbe^House of ^Representatives, fflivacaa- § 3., And be it further enacted, That the said tr,us,teres \ J-. . ALLEN, POWELL, -• Capable of and their successors in office shall Be-capable of'.accepting. ■* ' .President of the Senate. ' property, - and being invested with all'manner of ^property;; real arid, Assented to, December'9 th, 1824. • " V . . . ' . ' ' &c. ' personal/all donations, gifts; grants, privileges,,and imrriu-;<~ \ T/ G: H. TROtjP, Governor. • nities whatsoever, which may beforig to the saidinstitutiori, . / ' . - ' 7 ■' or which may hereafter be conveyed orTransferred toth^nii »XT• */Hrn*• ^ ■" ' v a' 'ir„ V» i '-a- '-j ' '• , to have and to hold the same fo* the proper tenefit aid hi AN ACT* to incorporate the limp Cmnty Academy, [No.61.] hoofof said academy. : j'. and <■" "I'l"""1 Trustees for the same. ■ , Trustees °f ^ 4' ^-n^e it farther enacted, That elections of trustees Be it enacted by the. Senate and House ofaRepresentatives Trusteesof 1 ^ ^ and other officer's shall be( held at such periods, and in such, of the State of Georgia^ in General Assembly met, and it is coumy Vacancies, manner, arid vacancies occurring in the boardr or in f.he Other hereby ^enacted, by th&authority of the same, That' John Grif- nominated offices, shall Be filled in such manner as. may be prescribed fih,- Samuel- Johnston', William L. -Crayton, John Wood, and-inw by the laws and regulations for-the government of said in- • William Hardin, John Lbvejoy,' and Joseph Greene be, .and Porated- stitution, any law to the contrary nbtwithstandirtg. " \ - tjiey. are hereby appointed, arid they and their successors in .. IRBY HUDSON, / office shall be, and.-they afe hereby :declared to be, a body Speaker of ,the House of Representatives/ corporate, by the- namp and under the title.of " the Trustees Their,title. ALLEN B. POWELL,. of the Henry County Academyi!'witli the privilege of using- * • . " ' President of the Senate., a common seal.' • - ' , ■ . Assented to, November 25th, 1824. - ' . - ' . . ' ' G. M. TROUP, Governor. . • * See (No. 89) authorized to sell certain landB. ACADEMIES.—1825. 27 e?he°~ 5 2* &€ ^further enacted, That the said trustees and thaniel Allen be, and they are hereby appointed, coramis- money'and tbeir successors in office, or amajority of them, are hereby, sioners to carry the aforesaid lottery into full eflect. specialties, authorized and empowered to appropriate, in the. manner §3. And,be it further enacted, That the judges of the tup inf.- they may think best calculated to "promote "the interest of Inferior Court, or a majority of them, be, and they areSS the aforesaid institution,- and Jo erect suitable edifices for hereby .authorized, to vest in the said lottery from the county l°I0^st • the promotion of literature, all-money and specialties, or funds, one thousand dollars or more, as they or a majority the lottery, other .valuable effects whatsoever,, belonging to,-or in any- of them may deem expedient. wise;appertaining.to>the said institution. ■ - • - DUNCAN G. CAMPBELL, Make by- § 3»* And be it further enacted by the authority- aforesaid, Speaker pro tern, of the House of Representatives. That the aforesaid trustees and thjeif successors, in office, or ' ALLEN B. POWELL, a majority of them, are hpreby 'authorized to'make such* 'President of the Senate. ,"by-laws and regulations as maybe necessary for the go- Assented to, December 24th, 1825. Proviso, vernment of said academy ; Provided? such by-laws, apd G. M. TROUP, Governor. regulations be not repugnant to the cbnstitution antj laws of Hold pro. this Stale t'and.the said trustees shall be intrusted with all AN ACt t0 incorporate the White Oak Academy m[No.66.] manner 9f property, both real and personal, all donations, ' " Cnhtmhin Cnimt,, gifts, grants, privileges and immunities whatsoever, "which „ , -.tic. j tt * t> may belong to said-institution by virtue of this act, or 'whibh" > , iPenactedby the Seriate and House of Representatives Trustees of "may hereafter be made, conveyed, or transferred to them or f ihe State °f Georgia, in General Assembly met, and it is - their successors' in offide, to have and to hold the same: hereby enacted by the authority.of the same, That from and in Coium- Proviso. Provided, that nothing- in this act contained shall Operate imm^iate^y a^ter passing of this act, the academy in Co- nominated' . to impair or destroy, in any-wise the superlntendenoe and ^n?bl,a T"1?' bn0,wn and called by the name of White • control given by law to the Senafus 4-Cademicus of this' Oak Academy, shall be known and called by that name ; and State over public scbobls instituted or supported btf public !bat W,I1,aI? McGronder, Zachanah Williams, and T homas moneys ot'funds of thd same ' Jr Watson; and their successors in office, be,-and they are hereby Ma, « §' 4. And be it further enacted by the authority aforesaid, - 1*%'1 bfr P"1'*® a"lco,rp.ora!,e' by ',be Te a"!1 a ,be That the trustees aforesaid, and their sticceWin office, °f the Trustees of White Oak Academy ; and as sucn sued' ' shall, and" they are'hereby.declared to be,capable of suing shall be capable and liable inlaw to sue and be sued, plead Tosueand - -and bping'sued, to plead and be. impleaded, and oT'lisinj 'fnd be "Bgleaded, and shall be authorized to make such by- Jf "J*, all other necessary and lawful means for securing and de- laws as may be necessary for the govern- i™, fending-any property, debts', or demands whatsoever, which mentofsaid.academy; Provided, suchby-laws are not.repug- r,„vi„. they may claim or demand' in right of said institution-. nant to the const'tution and laws of this elate : and for that Vacancies § 5. And be 'if/urtto- enictid by the authority foresaid, P"rPose ma? ha*e ?»? use » c°mmon seal; 3pp0,nt !uch ho,v ailed. That should .any vacancy happen, by. debth.resiination, -re--officer? as they think proper, and remove the same from moval, or otherwise', of any of the. trustees of said dcademy °®c? TJ-T f ?r i', v- -r hereby authorized and established, it shall -be filled instmh 4 «• And he it further enacted by the authority aforesaid, Mayh„,a manner-as a- majority "of :tbe.remaining frustaes'iday point That the said trustees shall be capable of accepting and rw, out in their .regulations at their first meeting after the pass- beinf :wllh al! manner of property, real and pgr- Proviso, ing of this act, or at any 'meeting 'thereafter: Provided, SonaVaJ! donations, gifts,' grants, privileges, and imraum- that it shaH be the dutybf'said trustees; at the earliest-prac- bed whatsoever, whieh.m.ay belong to said institution, or tieMrle peribd alter any vacancy; to', cause the .saihis to .be ™h!ch hereafter be conveyed or transferred to them or filled. y ■ i ' iheir "succes,sors;in office, to have and to hold the same for May elect a. § fi". Andbe it further enaced by the authority aforesaid,- tbe proper, benefit and behoof ofsaid academy. That" the said trustees shall- have power to elect a W- J 3- d beUjurtker enacted by the authority aforesaid, give bond surer, who shall give bond with approved'security th the" That w,hen any vacancy^may happen- by death, resignation, Xr"" ■ said trustees for the tinie'.being, knd their successors in of-' »'• otherwise, of.any of the trustees of \\ hue Oak Aca- lice, in the'sum of two thousand dollars', for the ftithful dis- survivors pr remaining trustees shall fill he same charge of the trust reposed in. him. . - " . - in such wanner as .shaM be pointed out by the by-laws and Rcaiiiig §7. And be it further enacted by the authority foresaid,of th« T'f3 "brewd: Provided, that no- • That all laws an3 part^of'laws nfilitating against the. true thl"?'ln thls'act sha11 autho»fe f en^ Make by- passing such by-laws as may be necessary to carry-the manner of property, both'real and personal, all donations, Proviso. Powers hereby vested in them into full effect; Provided, grants, privileges, and immunities whatsoever, which may be-- such by-laws are not contrary to the laws and constitution long"to said institution, br which hereafter may be conveyed of this State. , DUNCAN G. CAMPBELL, ; or transferred to them or their successors in offipe, to have ; , Speaker pro tem. of the House of Representatives, arid to hold the same for the proper benefit and behoof "of- . ' . ALLEN B. POWELL, - said academy*/ .1 . - ' "V-1 - • ' . President of the Senate,. . .§ ArAhd be it further enacted'i "'ihatth^InferiorCou£t Theipfe- Assented to, December 24th," 1825. . ■ V "of Dooly (county) shall convey to said trustees, or their sue- G. - M. TROUP,: Governor: - cessors, one acre of ground of the public lancl "of. said county, to the _ v — * . for the purpose-'of erecting thereon, an academyedifice. -" -one acre'of [No. 68.] AN ACT to incorporate Franklin Academy, in Colum- ^ § 5. And fie it farther enacted, -Thai when any vacancy bid County. \ ~ may happefi^bydeathVresigpation, oi-ntli'erwis'e,vdfahy of the • , » < r, j ,, .j o . , rr xZy. * \> ' trustees. b£ said academy,; the survivors, or" e maiority-of - JSZ",. $ 1 ■ ,hemi'shall filtthe same fn suchWneeas shall b?pointed - . ■ A „ twes of the State of Georgia, tn General AuernUy-wetyapAit ; °f the same. Thafc-from .and 4'thin^ hWcontiinfed shall be so Construed as g^immrfiatehT after the passage of this act,Bdlington M. ^ V, the Senatus Anademieps-fromlthe rightsof-in- 5&T Sa,anw I,' r » ' D°o1/'Adam Seoft, GeOrgeD^rsey, sp/cUng 6iii-mstuhtion afhaw by la% pointed out. and William Scott, jun., and their successors moffice, shall * . . .. - , - . jjun^AN '(j CAMPBELL be; and they are hereby declared to be,.a h^3^c6rpQhat"e/;by ... . , ;the Honse of RepreJentaUyes. Their style, the name and style of " the Trustees of the Jbranklin Aca- • ; ■ r ■ - • Af-.LEN TC POWELL demy in Columbia Countyand the said trustees are. here- ■ y .. K Presidhnt if the Senate. May use a by authorized to have and to use a common seal,.and are' ,'^-.-8- odth-iooc- ' ■ " - am0n hereby declared to be able and capable in law of suing and ^cemb^r 24^ . 1^5 V suedand^e being sued, pleading and being impleaded, and, to have arid - i-.--"' * • ' : - ,S£V hold realf.a„d personal property. foe ^e,pn^ vacancies. ^ 2. And be it further enacted bythe duthowtyofthe same,: - .... .A Georgia. ... That the said trustees, and their successors' in: office, '• shell ^ Be. it enacted fiy the- Senate and Houfa of Represented Trustees of - hav.e power to fill all vacancies which may happen in their fives of ike Stateof Georgia, in General Assembly met, and board by death, resignation, or otherwise, and that.three of it is hereby enacted bydke authority of the- same. That nominated the aforesaid trustees shall be sufficient to form a boartTfor Jamqs Loyd, .Coleman M. Roberts, Edwarf Backer, Levi the transaction of the business of said academy; Provided, Stafford, and William- Lqckhart are appointed, and they .and-.; . Not to re- that nothing in this act sbalUauthorize or -entitleAhe afore- theirAuc6essors;. in."office, shail-.be, and are hereby declared - • past oPthe said commissioners to apply for; or receive any part or por-. to beVa,bo(iy porp.orate, by the name and title of "Jihe.Trus-. . Academy tion of the annual dividends that Columbia county shallor^teesbf the ,Knoxville Acade.rriyr" - With the privilege (ofTo"usea uienAcade- may be entitled to out of the nett proceeds of the . funds set 'haviiYg)uan"d "using a common seai.r"' : court the apart for the endowment of county academies - untile the § 2. And be itfiirthek'enaciedfiy.tkq authorityaforesaid, t0 appro- is rebuilt, county academy erected at Columbia Court House shall "ThattheL trustees, aforesaid, and (their.-successors im office, be rebuilt, and completed for the reception1bf & rector and' or a majority"of .them," are hereby authorized^irid empov/ered andspe- students. -' DUNQAN G.- CAMPBELL, • to appropriate in the-'manrfer they, may think best •suited™11'®3' Speakerpro fm. of the House'of Representatives, . to prombtejhe interest of said institiitiofi, aU moneys and ' , , ' ALLRN Br POWELL,v Specialties belongingqir in. any wiseappertainmg to said iri- • President Dfthe SenatieV stitutipri'.'-■; ' N '' . Assented to, December 24th, 182A. - . " \ -N ' § 3. And be itfurther.enacted by the authority aforesaid^(May make ~ . - O: M. TROUP, Governor. That the said trustees .,and their successors in oifice, *or: q, &c!aws,i . '. majority of them, are hereby authorized^ to make such by-^ •- [No. 69.] AN ACT to be entitled anAct to incorporate the- Dooly laWs and regulations -as-may be necessary for the' govern- - County Academy, and to- appoint Trustees-for .the m.^nt of said .academy; Provided, such by-laws be^^'not re- proViso. ' same - - ... pugnant to the constitutibrt and laws or rais State/"and that- ' - - they shall be invested-wiiff all-manner"pf property, both real May wd- Kooiy°f Be U enactf hiJthe. SePate and House °f Representatives and-personal, albdoriations, gifts, grants, privileges, andim * propertjr* county of the State of Georgia, in General Assembly met, and it is • jnuriities whatever,; which may belong tq said institution by - '(-* appolS hereby enacted by the authority of the same, That from and yi'rtue of this actyor which may hereafter be'made, conveyed,' . and incor-.after the passage of this act, Joel-L." Scarborough, Peter L. qr transferred "to them or their'-successors_'in office, to porate ' Livingston, Lewis Joiner, , Curtis Joiner, and -Sparkman have and to bold the (same), for the proper use, benefit, and Bo wen be, and they, are hereby appointed, and'thfey arid-^ehoof of-said'academy; ; V./- -. . their successors in office shall, and they are hereby declared # 4. And'be itfurther enacted by the authority aforesaid, May sue to be, a body corporate and politic, under the name-and ^hat the'trustoea of said'.institution and tjieir successors in aunedd.be * Their utie. title of" the Trustees of the Dooly County Academy," with . ' v ^ " the privilege-of using a common seal. - . • . ' ; gee (Nor43) amending lhisAet. ACADEMIES.—1825. 29 To lay an- nually be- lute the Grand Jury a statement of tlieu" funds, &c. Return ta be made to theSenatus Academi ' cus. To appoint a Trea- surer, who shall give bond and security. office, shall be, and they are hereby declared to be, capable of suing and being sued, pleading and being impleaded, and using all manner of lawful means for recovering or defend- ingariy property, debts, or demands whatsoever, which they may claim or demand in rjght of the said institution. § 5. Ami be it further enacted by the authority aforesaid,# That it shall (be) and is hereby made the duty of said trus-# tees, to lay before the grand jury at the first term of the Superior Court of said county, in each year,' a full and cor- - rect statement of the situation and investments of the furids • of the said institution, in such manner and form as they may think proper, or said jury recommend; and the said returns shall by tfie said jury be delivered" to the clerk of said court, and remain in his office until the general election next ensu- ing, when it shall be the duty of said clerk to deliver the same to .the Senator of said county, to be by him -laid be- fore the SenatusAcademicus, when thereunto required. §' 6. And be it further enacted by the authority aforesaid, That the said trustees be, and they (are) hereby retired to appoint one person separately from their-board as treasurer-,, and to take good and sufficient security for fhe faithful, per- formance of the duties required of him, in such manner as- "will eflectuallyseoure. said institution against any loss which might happen by .his misconduct. DmCAN G: CAMPBELL,. Speaker pro tem. of'theTlouse of.llepresentati-ves. • . ALLEN B. POWELL, . President of the Senate.- Assented to, December 24th, 1825; . » 0. M;' TROUP; Governor. tires of the State of Georgia, in General Assembly met, £l)'™®addi* and it is hereby enacted by the authority of the same, Trustees of That James C. Terrell, Greene W. Smith, and John R. {J1® Stanford be, and they are hereby appointed trustees of Academy the Franklin County Academy, in addition to' those already ai,P°intedi appointed ; and that all laws or parts of laws militating against this act be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker of the House of Representatives, pro tem. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [No. 71.] AN ACT to. establish and fixthe Name of the Female Academy at JMonticello, in the County of Jasper, bnd ' ' to incorporate the Trustees thereof. •' / L_- tKe'^ionti^ Be it enacted by the Senate ,an'd~ House of Representa- ceiio Fe- . lives of the State of Georgia, in*General. Assembly met, demy no-3 and it is hereby enacted by the authority of the same, That and" dicor "nmediately from and after the passing-of this act,, the-Fe- porated!]0'" male .Academy .at- Monticelkyin the bounty of Jasper, shall, be called and known by-the name of the,".Monticell.oTe- male Academy and that PeterW: Gautier, sen., Nathan Warner, Cornelius D. Terhune, Reuben C. Shorter, and., . Peter Grinnell, and their successors;in office,*be, ancf they • are hereby declared to "be, a.body politic and corporate, by -Their style, the name and style of" the Trustees of the Monticello Fe- male Aeademy and1 as sudhi body politic and corporate "shall be. capable of doing all acts which may be necessary for the, complete execution of'tfie . trust confided to, them SedWUh tiiat th6y E*ia^ ke invested with all manner of property, property" both .real""and personal, 'which §halfbe acquired by gift, purchase, purchase, or otherwise, for the use and benefit of the, said To'sue^and academy ;-shall be. capable of-suing and being sued, of Use a°com- having and " using a common seal ; -and they, the said trus- make by- *-®es>an(i their successors in office, of a majority ofthem,.shall laws. have the privilege of making, their own by-laws ; Provided, Proviso. they contain- nothing repugnant to the constitution or laws of Vacancies. gtate . an(j ajj vacancies in their own hoard , .which maybe occasioned by death^resignation, or otherwise. DUNCAN .G., CAMPBELL, ' Speaker pro tem. of the-Hofise of Representatives. ' ALLEN B. POWELL, ' President of the Senate. Assented to, December 24lfi; 1825.- G. M. TROUP, Governor. [No. 72 ] AN -ACT to amend an-Act to establish and fix the Name of the Academy at Carnesvitte, in the,County of Franklin, and to incorporate ther Trustees' thereof, passed the twenty fourth December, eighteen hundred and twenty-four. Be it enacted by the Senate and House of Representa- tions of said act repealed. AN ACT to amend an Act, entitled An Act to incor- [No. 73.] porate the'Lawrenceville Academy in the County of Gwinnette, and to appoint Trustees for the same. .Be it enacted by the Senate and House of Representa- Six addi- dives of the State of Georgia, in General Assembly met, Trustees of and it fe hereby enacted by the authority of the same,tlie La™" That"James'. Blackman, Elisha W. Chester, Philo Hall, Academy William Montgomery, William Green, and Joseph Morgan, aPPoi»ted* be, and the" same are hereby appointed trustees of said aca- demy, in addition to those appointed by the said act, and that any fiye of. the trustees of said academy shall form Five may a quorum "for "the transaction of business. quorum'** I 2.And be it further enacted, That whenever anyvacancv lLra,lsact .a. ii i A* >! • .i- -i-i ," business. shall occur, by death, resignation, or removal without the Vacancies county, of any of the trustees of said academy, the same 1)ow- filled" shall be filled-by the remaining trustees : Provided, that a Proviso, majority of the votes of all the trustees for the time being, shall be necessary to constitute a choice. •§• 3. And be it further enacted, That the board of trus- Board may tees of said academy, shall have power to appoint a trea- Treasure" surer, and such other officers as they shall deem necessary, officers"* .and .the same to remove at pleasure, and to require bond ■and se"curity-bf the same, in such sum as they shall order. § 4. And be it further enacted, That the fifth arid sixth Fifth and sections ^of said act, and all laws militating against this slxlh sec aet fie,-and the same are hereby repealed. DUNCAN G. CAMPBELL, Speakey pro tem: of the House of Representatives. " ALLEN B. POWELL, - - . , President of the Senate. Assehted-4o, December 24th, 1825. ' G. M. TROUP, Governor. AN ACT to be entitled An Act to add that pari of [No. 74.] ' the Funds heretofore set apart for the support of County Academies to the Free School Fund, so far as. • respects the Counties of Chatham ', Irwin, Telfair, and Ware. 'Be it enacted by the Senate and House of Representa- tines of the State of Georgia, hi General Assembly met, and it' is hereby enacted by the authority aforesaid, That from and (after), the passage of this act, that part of the undrawn funds heretofore set apart for the support of the County academies, so far as respects the counties of Tel- fair apd Ware, be added to and become a part of the Free School Fund, -subject in every respect to- the laws now in force on the subject, any law to the contrary notwithstand- \§ 2; And b'e ii further enacted by the authority aforesaid, That all the funds heretofore set apart for the academy of thecounty of Irwin, be added fo the Free School Fund of said county, subject in every respect to the laws now-in force. § 3. And be it further enacted, That the moneys appro- priated by the State, for the use of the county of Chatham, be applied for the use of the free school of Savannah, The un- drawn funds be- longing to the Acade mies of Telfair and Ware Counties added to the Free School Fund. AII the Academy funds of Ir- win added tq_the Free School Fund. The Aca- demy fund of Chat- ham ap- 30 /ACADEMlfiS.-1825. plied to use whenever the Chatham County Academy, is not in opera- hpreby made able arid capable in law, to have, purchase, May Mid schooi'of66 tion.. DUNCAN Gr. -CAMPBELL, / _. receive, possess," enjoy^and retain, to them and their sue- i,roJ,efty- savaimah. Speaker pro tern, of the House of* Representatives, cessors, lands,-rents, tenements, goods,chattels, and effects, , ALLEN B. POWELL, . ; of what iciiidj nature, or quality soever, and thp same to sell," ' President of the'Senate, '-alien, demise, or1 dispose of? for the benefit of the institution' • Assented to, December 24th, 1825. , L . ./. 'intrusted to their care,;to sue and be Sued, plead/.and be sUe.an any law to the ~ 11 ' sold by Col. Hugh Montgomery, for the benefit of ten'oaun*' * /f < i • fl V • ^-nT • ties, of which Scriven was one, and in th& same mafias ^mprp tern, ofthe. Hepse thoughnoconfiscaledlandhadbeenpurchasedbythe.com- • . .-..*• » • -a*-'^ --r ^ " k*• missioners of said academy, nor by Richard .Uarn*e£ who ^' U J , 'tbe Senate' - purchased land in behalf or for the use pf certain coun- - Assented to,. pedember„2Pth,^ 5y- _ .< . v; . • ties, and among others, Scriven was entitled in. the said puis ^ • y- 1V1- J.-K,UV \ overnor. phase to the amount of four hundred and ten pounds/ which ',/•/ .. «.• /, .n *.«• •' * V A "tl >«• - . sum of four hundred and ten pounds due'by the saiACarnfis, ,AK Double. Bmnch,./«fe-[No,7X] as will more fully appear by reference to his .bond- bearing coynty of Lincoln,- and io appoint Trustees^ -date in February, seventeen hundred and nindty-four, and . for th&same: - ^ , „ / '- • I Said Com- also all claim and interest to their poftiomof certain lapdp" . Be it enacted by the Senate- artck Louse of Representa- Trustee's 0f m1Srei°n-erS in the county of Effingham when sold, which the coiinty of tires bf the ftate of .Georgia^' in-General Assembly; met, Stite'their Scriven was interested in, with nine othereoupties, viz.-- .and '.it is [hereby'enacted by the. authority, of.ihe same, Academy, riglitto e" Elbert, Jackson, Clarke, Jasper, Morgan/Lay-'ThatYrom;-anct after" the passing-of this act, the academy noSS iands.n rens!> Montgomery, and Bullock—the 'commissioners of sjn :the couhty.of. Lincoln,' kpown:bj^the namp' bf/Dpub'l^JJJ^0'^ said academy of Scriven, and their successors in office, arc "Branch .Academy/ .shall/be' called and known/ by;,th\t 1 Proviso. ' hereby required to relinquish and give up : Provided alw&ys, name ; land that Tho.tfia? Ly.ori,"Stephen'Stoyall,- Jacob-Ca- that should the tracts of lahd, or either of them, be found, or . yer; j;obn A- Bqitey and. Robert-Runnellg,. and their -sue- ' that the bond or any part thereof shall hereafter bo recover-' cessors in \office, be; -anrl .afe hqreliy declared'to be, "a body ed, all right, title, or interest of, in, or to the.s'ame, and alsb corporate .andphlipc^by the narneand'styleof "theTrus"- Their style, the nett proceeds of the land when sold,- lying in the county, tees-pf the^Dopblp Branch Academy ;V aqd, as such shall be v .; of Effingham, in which the county-oft Scriven is entitled, .fcapable" and'1ivable'ih.Jaw .to sue and^b'e sued,, plead ahdt'he jfay'sue with the nine other counties aforementioned, shall, and are (impleaded, 'th haye and to use, a 'pommofi seal, 'an'd to do ^d'b®nd hereby construed to he? fully and.,completely vested in thp hnd .perform' all such matters and?things as maybe author- use aeom, State of Georgia, and relinquished fhr qver - to. Jhe same',• ized--hy the' cOnsiiitution art;d'fundamentafregulations'of'"said^'inonsear' • agreeable to the true intent -and meaning of this.net, any academy.'. - -ff', -v - 1 '' law, usage, deed, conveyance; or custom to the: contrary . ' 2.- And U^tfvrtlter .the trustees "or prps May. adojt not'withstanding. " . " ', *<**■• " ' .. ^ prietor^ of said acadeffi^f or'such authority as may be, au-.^8^. DtJN.OAN G. CAMPBELL, / thorized1 by |aid ihndarnental fegulatipnSj-shall have qiower appoiut •' Speaker pro tern, of the House of Representatives, -• td adopt such by-laws* anff re^iktipns as may he necessary moveoffi- .. ALLEN B. POWELD/ ^ for-its.government;a^L'^pfeperjly, and-to appoint and**re-®ers« ■ President pf the Senates . moye for irrtproper^conduct 6r negj^ct^'of duty, such officers/ Assented to, December 24th,,*1825. ' • ; . ^ ' as may be authorized, by the ;propeV authority r provided,' proviso.,' vG. M." TROUP,,.Governor, thaf the 'regulations-jTor the gdvernment "of 'said-acadettiy. 1 -i,' • •' • ; .. - * */ be not repugnantto^theconstitutLbn^hd.lawsi of. this State, rNo.76.1 AN ACTt to incorporate< the De Kalb Vwnty Aca- and that nothing therein/contained shall be'so construed as . . demy. to prevent a majority of the trustees from acting in all cases, . „ t a ■ , - 3 j-jf" anff to fill. all. vacancies'that may, occur in the bdard bf Trustees °t Be it enacted by the Senate and House of Representa- ,tmstees i - - • " ' •' - . ^ > .. . r Sibcoun. the* of the State of Georgia, in.General Assembly'v&r- v 3. Md'hlitfmhir,-enacted, Tbyt the said trustees, cpirf Vp: S?." " eTed, Tf"^v:<^;-.Mme? anAtheirsueceskrs.'ii officev shall be- capahle. of- accept/*' *»* teing.iuyestea with all manner -of property, real^"'' Iat the ?enf^ Af anWy ^'^»d yw. w- h?re^?ancl personal, all'donitib'ns, gifts, grants, privileges, and im- ' appointed, trustees of the De Kalb County Academy, an^ munLs whatsoever) which may belobg io the said instith- constituted a body politic and corporate, having perpetual tion • which ffia hereafter b/conve°ed or transferffcd to SS? u** tbem," to have audio hold the same for the proper benefit. De Kalb Couhty Aeademy and by that name and style are and behoof of said academy: • - ' . ■ ■ • Se.(No.umr„eo,p<,l,liiS8Tro,«. '. ,§ 4.-^»«'• That t A«t amended (No. 82) by adding eleven Trustees. , • tees, and other officerSj shall pe helcfat such periods, and m howhSr ACADEMIES.—1825. 31 andvacan. such manner, and vacancies occuring in the board or in the .AN ACT to authorize the Justices of the Inferior Court [No. 79.] ti'kd!K W other offices, shall be filled in such manner as may be pre* of the different Counties in this State in certain cases scribed by the laws and regulations for the government of f0 draw for and dispose of the Dividends of the Poor said institution; any law, usage, or QUstom to the contrary Schdol Fund to which their Counties may respectively notwithstanding. THOMASj* W. MURRAY, he-entitled, Speaker of the House of Representatives. _ • * , jT « , , rr „ „ ALLEN B POWELL enacted by the Senate and House of Representa- When , President of the Senate. tivef. °f *]* ?iate °f ,rSja' in, G™r be sued,. sai(i and. their successors in office, shall, and they are here- ,§ 2. And be it enacted by;-the authority of the same, Trustees of by declared to be capable of-suing and. being sued, plead- Thai William . R. Towler, William P. Dennison, James ing and being impleaded, and of using all necessary and 'Jones (lillo)*, Frederick Garson, and James Jones (school- Fundap- lawful means for securing and defending any property,-debts,- piaster) 'be,. and they are hereby appointed trustees of the Spolver or demands whatsoever, which they-may claims or demand ^poor schojol fund* of the .county of Ware, with power to re- Sesame0 in right of said institution ; and also, of recovering the rents,' ce'ive from the proper authority holding the academical or °same issues, and profits of the.s.ame, or any part or parcel, thereof, poor school fund, that by right should belong to the county Vacancies §5. And be it further enacted, That should any vacancy of Ware aforesaid, or from "the Inferior Court, or all or happen' by. .death, - resignation, pr removal'pf any of the either, of them, who have, or hpreafter may have or hold in trustees of said academy, hereby authorized and established, their, hands, any part offfie academical or poor school funds, it shall -be filled iri fsuch manner jis' a~ majority of ffie re- And-that, the said William R. Towler, William Dennison, said True- -maiping trustees may'point out in their regulation's, at1 their James Jo'nes (lillo), Frederick Carson, and James Jones te0fatbjc,)l" first meeting after.the passing of this,act, or at any meeting (schoolmaster), and- their, successors in office, are hereby P Proviso. thereafter": Providedr that the same shall not exceed twelve declared to be a body corporate, under .the name and style months,. * <0f " the Trustees of thd Poor School Fund of the County of Their style. Treasurera ' § And be it further enacted, That the said trus- Ware,3' with full power to sue and be sued, plead and be im- To sue and who shall' tees shall have power -to select a treasurer, who shall give pleaded, in the name and style aforesaid, and to hold property. be aued' IndJecu- bon^ and approved-security t<3 the' said board of trustees, § 3. And be it further enacted by the authority of the same, Sbaiiap- rity. • for the time being, and their successors in-office, in the sum That the trustees aforesaid-shall appoint a treasurer, who TreiSrer, of ten thousand dollars^ for tfie faithful'discharge of the shall not be one of their board, and who shall give bond to the who shall' trust reposed in him.. ' r ; » trustees aforesaid, and their successors in office, in a suffi- glve bond' Repealing - § 7. And be it further .enacted, That, all laws, and parts cientsuin to securp the amount of money to be placed in his clause. of laws, militating against this-act be, and the same are here- hands, for the faithful performance of the trust reposed in by repealed. s THOMAS W.'- MURRAY,. him. of the House of Representatives. ' § 4. Andbeitfurther enact edby the authority of the same, p0or chii- ALLEN B. POWELL, That the children entitled to ffie benefit of the poor school dou,uySaid President of the Senate, fund of this. State, by an act entitled An Act to alter and entitled to Assented to, November 29th,-1825-. herebcTefits G. AL TROUP, Governor. - * See (No. 114) adding two Trustees and authorizing district schools. 32 ACADEMIES.--182C. amend an act, passed the twenty-third day' of December, officers flnd appoint others in their stead, when in their judg* eighteen hundred and twenty-two, tp clistribute'the, b^nk ment the interest of the institution may require it. dividends and other nett proceeds of the poor school fund, § 4. And beitfurther.enacted, That all laws and resolu- Repealing among the different counties of this State, shalt receive the. tions repugnarit -to or militating against this act be, and the clause*J * benefits of this fund, according to the manner ^pointed out in same ari hereby repealed. • > ~ IRBY HUDSON, • said acl, so far as it does not militate against this actv " .. . . Speaker of the House of Representatives, vacancies. § 5. And be it further enacted, When any, vacancy, shall * ' / . -THOMAS STOCKS,- ( happen, by death, resignation, or otherwise, of any member of : " ^ * ' President of the Senate, the board of trustees, -the same shall be filled by. the fe- Assented to, 20th December,^ 826/ Pioviso. maining trustees : Provided, that a majority of trustees'for " '• ' • G. JM. TROUP, Governor. the time being shall be necessary to constitute a chpice. " > - . <- Repealing § 6. And be it further enacted, That all laws and parts of AN« ACT*' to-'authorize, and empower the Trustees or r^0 . uause. laws militating against this act be, and the same are hereby-.. Commissioners of Columbia County. Academy, to sell repealed. . - , certain real Estate belonging'to Said {restitution. speaker of the &S> ' Pi-pci/i nt rvf +p. Q r \ ■ herebyfendcted by the authority of the. same,. That! the trus-cSto' * ... i, , iOOU e e ena e*- tees brco'mmissiohers, of the said academy be, and. lhey 'are> 9°""^ • Assented to, December 23d, ' . nTTT> ^ ' hereby authorized to sell" and convey in.such manner as they'authoriLd G. M. TROUP, Governor. ^ ^eni. most to-the-idykntage :bf the said instifutibii, tain re&l [No. 81.] a at i t - ,.l7 j a a ^ , i • 7 i -.7 - 'a J ' forty acres. of' land; belonging to the Said institution; situ- fstategiven AN ACT tohe entitled An Act to consohAatethBAcade,. ate(J cMumtia county, afoining on" alludes lands-of S&A., mical and Poor School Fund set apart'for Decatur TJhdmas N. -Hamiltnpjiand the estate, bf-NieP-Dougberty, ^ - County,-and the. same become a Poor School Fund, .-.deceased, the same being a donation; by -James Hamilton, demicai1" Be it enacted by the Senate and House.ofRepresentee-."Esq., deceased', and "conveyed /by hirft in.his lifetime,-to jhe < and Poor tives of the State of Georgia,, in General Assembly-met) former trustees ofsai'd academy.: . lund'of ( & ** hereby enacted by the authority of-the same,'.. That > § 2 .^An'd P& it further enacted. That the-said trustees or Authorized Decatur , immediately after the passage of this act, the academical ^commissioners; be, and they are hereby.-authojizedand em- [eenTai^ added toge-fund set apart, for Decatur county," and. the poor school powered-to sell and'convey. in;sfich. manner, as they may. acreiotsoa made the *"or same, he and the same is hereby set Apart and.4 deem most for the interest .ofsaiff ipstitutio'n, not- exceeding conveyed- Poor consolidated, and become a poor school fund for saidcounty, fifteen Half-acre lets of,land to be laid off on .the -eastern and Fund. - subject to be drawn by the justices of the Inferior Court of sautherri. parts-of the tract pf4 land .on which the said acade- Ailing said county ; said sum or sums so'drawn by.*"said justices, my,is buihlihgranff-nn tha't part T)'f the .said tract.of land '' shall- be by them placed in the hands of the (Tounty trea- --which isvnear, the court-iiouse lot, and adjoining to the surer, subject to the call of said justices, andby.fhem applied /public. 'rpacT leading from" the court house, -to the towh of justices of to thes education of poor children : 'annual Treturns to be WrigTitsborbugh, the sarfie beings a part; qf the land conveyed courfto01 made by said justices to his excellency the. GoVerhor, • - ,by the fate William Appling to. the former trusteesef "-• President of the Senate.. Assented to, 27th December, 1826. , • >..Assented- to, 26th -December? 1826. • a. . * G.. M. TROUP,,Governor. / - • ' \G. M". TROUP, Governor.". [No. 82.] AN ACT to amend an Act entitled An Actto inQorpo- AN! ACTf to appointsTritsteesfbrthePoor School Fund rate the De Kalb County Acadefny, passed and;' dp- ^ m 'Tatnall ^Cbimtyjaridt -test- the Funds of the Tat- proved the twentieth December, eighteen, hyndred and ~. rCall Cpurtty ^Academy in the,same/: " ' ' : ' . / twenty-five. - - . ' " Be it enaefediy iiieSenaie and Housre of P^resentativis ^^f^ Eleven Be it enacted by. the Senate'Jand House of Representa- of. the State of' fieorgia, in General Assembly met, and it- is Academy Trustees of tines' of the State of Georgia, in .General Assembly mtt,^ hereby enacted by the authority of the same,,. That the.-poor Tatnaif' count - an^ ** ** hereby enacted by the authority of the same,-That school fond'and the fund^^set apart -for '.academical purposes j0°^fda Academy Samuel T. Bailey, Zachariah Hollaway, -Williarh' Ezzard," for the county of Tatnall, .be" consolidated, and th^ dividends ted and ' appointed. Joseph Morris, Joseph D. Sh6emateV'-Reuben C6he, . James ". which may hereafter "by law be,diie Riie-p'dbr .S'chotd and* aca- Blackstocks, William Towns, Merrill Collier, Samuel Pree-^ demical fund for said cotihjty, be altdgether a poorrschool |^ . " vett, and James M. C. Montgomery'be,'.aiid they are hereby* .fund for said-county.. " • ■ - ,u" appointed trustees, oCthe De Kalb County Academy, and-- §2" And be it further enacted, That.Daniel Brinson, ^dSfund°' Five may that any five of- said trustees shall, 'constitute a quorum for William Clifton',-jr., Roderick, M'KinesSj" Thomas Archer, appointed.] aquoram. the transaction of business.. • •" - 1 , , . .William Sippins, Henry "Strickland,'and Elijah Mattox,-jr., Vacancies.. §2. And bait further enacted, That whenever a vacancy be, and and they are hereby declared to be, a and incor- body politic and corporate, by the name and style of " the Thdrstyie. Trustees of the Elberton Female Academy and as such body politic and corporate, shall be Capable of doing all acts which may be necessary for the complete execution of May hold the trust confided to them ; that they shall be invested with property. a]i manner Gf property both real and personal, which shall be acquired by gift, purchase, or otherwise, for the use and suedand 1)6 benefit °f the said academy ; shall be capable of suing and being sued, of having and using a common seal; and they, the said trustees, and their successors in office, or a majority faws6 by" them, shall have the privilege of making their own by- Proviso, laws ; Provided, they contain nothing repugnant to the constitution or laws of this State : and of filling all vacancies in their own board, which may be occasioned by death, re- signation, or otherwise. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President qf the Senate. Assented to, 23d December, 1826. G, M. TROUP, Governor. [Noi 86.] AN ACT to incorporate the Crawfordville Academy in the- County of Taliaferro, and to appoint Trustees for the same. Trustees of Be it enacted by the Senate and House of Representatives . foniviiia W~ of the State of Georgia, in General Assembly met, and it is nominated hereby enacted by the authority of the same, That Hermon and'incor- Mercer, Archibald Gresham, R. Q. Dickinson, Wyllie Wo- porated. mack, and Leonidas B. Mercer be, and they are hereby ap- pointed, they and their successors in office shall be, and are hereby declared to be, a body corporate, by the name Their style, and under the title of" Trustees of Crawfordville Academy," mraaseaim" Privi'egQ °f using a common seal. May appro- § 2. And be it further enacted, That the said trustees, fuLds.the and their successors in office, or a majority of them, are hereby authorized and empowered to appropriate in the E manner they may think calculated to promote the interest of the aforesaid institution, and to erect suitable edifices for the promotion of literature, all money and specialties be- longing, or in anywise appertaining, to the said institution. § 3. And be it further enacted, That the aforesaid trus- May make tees, and their successors in office, or a majority of them, &c!aWS' are hereby authorized to make such by-laws and regulations as may be necessary for the government of said ^cademy ; Provided, that such by-laws and regulations be not repug- Proviso, nant to the constitution and laws of this State : and that they be intrusted with all manner of property, both real May hold and personal, all donations, grants, privileges, and immuni- property' ties whatsoever, which may belong to said institution by vir- tue of this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the use aforesaid. § 4. And be it further enacted, That the trustees afore- Maysue said and their successors in office shall, and they are hereby sued.e declared to be, capable of suing and being sued, impleading and being impleaded, and of using all necessary and lawful means for securing and defending any property, debts, or demands whatsoever, which they may claim or demand in right of said institution, and also of recovering the rents, is- sues, and profits of the same, or any part or parcel thereof. § 5. And be it further enacted, That should any vacancy Vacancies, happen, by death, resignation, removal, of the trustees of said academy, it shall be filled in such manner as a majo- rity of the remaining trustees may appoint, in conformity to their by-laws and regulations thereof. §6. And be it further enacted, That the said trustees Shaiiap- shall have power to elect a treasurer, who shall give bond Treasurer, and approved security to the said board of trustees for the time being, and their successors in office, in whatever amount and secu- they may deem advisable, for the faithful discharge [of the rny' c" trust] reposed iq him. §7. And be it further enacted, That nothing in this act ^etothdis" shall be construed as to dissolve the affinitive relations be- relations tween said institution and the Senatus Academicus of this said^. State ; but .the same shall be construed as amenable to, and Jution and • it • • - ill -» i_i j the Senatus entitled to participate in all the advantages now by law de- Academi- rived from the same. IRBY HUDSON, cus- ' ' > Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 26th December, 1826. G. M. TROUP, Governor. AN ACT to appoint Trustees of the Poor School Fund [No. 87.] in Appling County, and vest the Fund of the Appling County Academy in the same, and to repeal the 3d sec- tion of an Act passed the 24th of December, 1825, entitled " An Act to add that Part of the Proceeds heretofore set apart for the Support of the County Aca- demies to the Free School Fund, so far as respects the Counties of Chatham, Irwin, Telfair, and Ware A Be it enacted by the Senate and House of Representa- ^yAacnad tives of the State of Georgia, in General Assembly met, and Poor^ it is hereby enacted by the authority of the same, That the F,ind°of Poor School Fund set apart for< academical purposes for £p£jtnyg the county of Appling be consolidated, and the dividends consoiida- which may hereafter bylaw be due the Poor School Funds.^ethc and the Academical .Fund of said county, be altogether a Poor School Fund for said county. Fumi° § 2. And be it further enacted, That Henry Hagan, Solo- mon Mobley, Richard Strickland, Edmond Matthews, and pointed. Bryant Lane, be appointed trustees of the Poor School Fund for the county aforesaid, with full power to receive of the commissioners or trustees of the academy of the county aforesaid, and from the treasury of the State, money, now belonging to, or hereafter to belong to, the Poor School and 34 ACADEMIES—1826. Said Trus- academical funds of said county ; and that the said Henry ment of said academy ; Provided, such by-laws be not re- proviso-. plated?01" Hagan, Solomon Mobley, Richard Strickland, Edmond pugnant to the constitution and laws of this State: and that Matthews, and Bryant Lane, and thgir successors in of- they shall be invested with all manner of property, both real May hold, fice, are hereby declared to be a body corporate, under the and personal, all donations, gifts, grants, privileges, and im- pkwj- Their style, name and style of " the Trustees of the Poor School Fund munities whatever, .which, may belong to said institution by • To sue and of Appling County," with full powe'r to sUe and be sued, virtue of this act, or which may hereafter be made, con- and hold plead and be impleaded, in the name and style aforesaid, veyed, or transferred to them and their successors in office, to property, to hold property and choses in action of all kind., i . have and tp hold the same for the proper use, benefit, and ' ^oini a^ § And be it further enacted, That the trustees afore-, behoof of said academy. > , Treasurer, said shall appoint a treasurer who shall not be one of the § 4. And he it further enacted by the authority aforesaid, May sue trustees aforesaid, and who shall give bond to the trustees That the trustees of-said institution, and their successors sued!* * aforesaid, and their successors in office, in a sufficient sum in office, shall be, and they ire hereby, declared to be, capa- to secifre the amount to be placed in his hands for the faith- ble of suing and being sued, pleading and being impleaded, ful performance of the trust reposed in him. , and using all manner of [awful means for recovering or de- how appro- § 4- And be it further enacted. That the children entitled fending any property, debts, or demands whatsoever, which priated. to the benefit of the poor school fund of this State,'by in they may claim or demand in right of said institution. act to alter and amend an act passed the twenty-third day § 5. And be it further enacted by the authority aforesaid, Shaiiiay • of December, eighteen hundred and twenty-two, to distri- T^hat it shall be, alid is hereby made, the duty of said trus- bute the bank dividend and other nett proceeds of the poor tees, to lay before the grand jury, at the first term-of the Su- Grand school fund among different counties in this State; , shall perior Court of paid county in each year,, a full and correct sXent receive thq, benefits of thii fund according to thb mariner statement of the situation and investments of the funds of pointed out in said act, so far as it does not,militate against said institution, in such manner and, form as they may think ■ ' this act. ' , ■ proper,^ or said jury recommend; and the said returns shall Vacancies. § 5. And be it further enacted, That when any vacancy by the said jury be delivered to the Clerk of said eoprt, and shall occur by death, resignation, removal without the remain in his office until the gerieral election next ensuing, ^ county, of any of the trustees of said poor school, fund, the when it shall 4)6 the duty of said Clerk to dfeliyer the same saidretum same shall be filled by the remaining .trustees': Provided, to the Senator of said county, to be by him laid before the ^ that a majority of the votes of all the trustees- for the. Senatus AcademicuS when thereunto required. , ~ Senatusj - time being shall be necessary to constitute a choice, any § 6/ And be it further" enacted by the authority aforesaid, fUg;demi" ( . law to the contrary notwithstanding., That thd said trustees be, and they are hereby required, to Third sec- § 6. And be it further enacted, That the third; section, of appoint a person separately from their board, treasurer, point aap^ certain act a biw passed twenty-fourth day of December,' eighteen^ and to take good and sufficient securityTor the faithful per- repealed, hundred and twenty-five, entitled An Act to add that part of formance of the duties required of him, in Such manner as|ivebond the funds heretofore set apart for the support ,of county will effectually secure said institution against any loss/which academies, to the free school fund, so far as respects the might happen by. his misconduct, and thesaid treasurer shall counties of Chatham, Irwin, Telfair,, and Ware, be, and receive ouvfof the academy fund such coriipensation for his - the same are hereby repealed. * - , services as the board of' trustees may think proper. IRBY HUDSON, " •» § 7,-r And be it further enacted by the, authority aforesaid, Authorized Speaker of the House of Representatives*, That the trustees of said' academy,, or a majority'of them, a secrT THOMAS; STOCKS,, 'shall Iirive foil power'to appoint a secretary, under such re- , ' - President of the Senate, strictions as may to them appear to'be suitable and'proper, a f»mpen- Assented to, December 26th, 1826. ' , and to allow 'him such compensation as will remunerate him satlon' , ■ • G. M. TROUP, Governor, for his services ; also, to fill all vacaricies that may occur in Vacancies any of the offices of said institution, by death, resignation,. [No.88.] AN ACT to incorporate the Butts County Academy, in or otherwise". , • ; • ' ' the Town of Jackson, and to authorize, the Justices bf § 8. And be it further enacted by the authority aforesaid, the Inferior Cqurt of said County to select and convey That the. justices of th.e Inferior bourt of said county, or a to the Trustees of said Academy ^suitable lot for majority of them, shall be fully-authorized to convey to , said Institution. '* ■ < > ' 1 ' the trustees of said academy, and their successors in 'of- .. • . , . fice, a fee-sirirple title to a lot in the town of Jackson, not • & enacted by the Senate and House of Representa- exceeding five acres, to be selected by the said Inferior Court Academy,' twesof the State of Georgia, in General Assembly met, for the before-named purposes. in Butts and it is hereby enacted by the authority of the same, That IRBY HUDSON nominated. from and after the passing of this act; D,avi<[ Berry, Robert ■ Speaker1 of the House, of Representatives-. Brown, William V. Burnev, John McMichael, Abel L. Ro- . THOMAS STOCKS, , ' binson, Samuel Lovejoy, and James Harkness, are appoint- v President of the Senate, ed, and they and their successors in office shall be, and they Assented to, 26th December, 1826. •! ' . ' ' are hereby declared to be, a body corporate, by the name and ' t G.M.TROUP Governor. Their style, title of " the Trustees of the Jackson Academy," with the - . ; ' common a privilege of having and using a common seal. ( , s ; AN ACT to amend and explain an Act entitled An [No.89.} S;.pP™- ri-Afie >t furtherby the autharUyafwesaid, Act incmT6m1e the Henry County Academy, and ts& That.the,truf,f aforesal.d and 6ieiy successors in' office, or ^ trustees for the same-^pised the ninth of n majority of them are hereby author,zed and empowered eighteen hundred andtwenty-four. to -appropriate in the manner they fray, think best suited to ^ , - LUJV tt J promote the interest of said institution, all moneys and spe- J5e tt 'enacted by ,the Senate and House of Representatives Trustecsoi \r cialties belonging or in any wise appertaining to said insti- ( of the State of Georgia, in General Assembly met, and it is c^my tution. \ hertfoy enacted by the authority of the same, That the said AMdemy^ 2y-iyawsake § 3- And be it further enacted by the authority aforesaidI, act shall be so construed as to authorize and empower the tTseu'L That the said trustees and their successors in office, or a trustees of said academy, and their successors in office, to majority of them, are hereby authorized to make such by- sell and convey, in fee-simple titles, any lot or lots of land or longing to laws and regulations, as may be necessary for the govern- real estatd which they do now or may hereafter possess by {f0en.,nsWU ACADEMIES.—1826. 35 Repealing clause. virtue of any private donation whatever, and to apply the jproceeds of proceeds of such to the benefits of said institution, as by applied^ said act of incorporation provided for. § 2. And be it further enacted, That so much of said act, and all other acts, as militate against the true intent and meaning of this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives.- THOMAS STOCKS, President of the Senate. Assented to, 20th December, 1826. G. M. TROUP, Governor. [No. 90.] Trustees of ihe Towa- liga Aca- demy no- minated and incor- porated. Their style. May sue and be sued. Make by- laws. ProYiso. Use a com- mon seal, and ap- point offi- cers. May hold property. Vacancies feow filled. AN ACT to incorporate the Towaliga Academy, in Monroe County. Be it enacted by the Senate and House of Representa- tives 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 academy in Monroe county, now known and called by the name of Towaliga Academy, shall be known and called by that name; and that Elijah Phillips, John C. Willis, Meredith Kendrick, JohnB. Vardeman, and William Ham, and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of " the Trustees of Towaliga Academyand as such shall be capa- ble and liable in law to sue and be sued, plead and be im- pleaded, and shall be authorized to make such by-laws and regulations as may be necessary for -the government of said academy; Provided, such by-laws be not repugnant to the constitution and laws of this State : and for that purpose may have and use a common seal, appoint such officers as they think proper, and remove the same from office for im-' proper conduct, or neglect of duty. § 2. And be it. further enacted, That the said trustees shall be capable of accepting and being invested vyith all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may belong to said institution, or which may hereafter be con- veyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and be- hoof of said academy. 1 § 3., And be it further enacted, That when any vacancy may happen; by death, resignation, or otherwise, of any of the trustees of Towaliga academy, the survivors or remain- ing trustees shall fill the same in such (manner as shall be pointed out by the by-laws and regulations of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. r THOMAS STOCKS, President of the Senate. Assented to, 26th November, 1826. G. M. TROUP, Governor. [No. 91.] AN ACT to incorporate Monaghan Academy, in War- ren County, and Brockman United Academy, in Greene County, and to appoint Trusteesfor said Aca- demies. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Turner Persons, John C. Turner, Samuel Pitts, Robert Palmore, and Thomas Gibson, be, and they are hereby de- clared to be, a body corporate, by the name and style of " the Trustees of the Monaghan Academy in Warren County," with the priyilege of using a common seal. § 2. And be it further enacted, That the said trustees and their successors in office, or a majority of them, are hereby authorized and empowered to appropriate in the manner they may think best calculated to promote the in- E 2 Trustees of Monaghan Academy, in Warren County, nominated and incor- porated. To use a common seal. May appro- priate the funds, &c. terest of the aforesaid institution, and to erect a suitable edi- fice for the promotion of literature, all moneys and spe- cialties belonging or in anywise appertaining to said insti- tution. § 3. And be it further enacted, That the aforesaid trustees J*ay n,ake and their successors in office, or a majority of them, are y aw"' hereby authorized to make such by-laws and regulations as they may deem necessary for the government of said aca- "demy ; Provided, that such by-laws and regulations be not Proviso. , repugnant to the constitution of this State, and the laws thereof: and that they be intrusted with all manner of pro- May hold perty, both real and personal, all donations, gifts, grants, pri- P'0**"?- vileges, and immunities by virtue of this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the use aforesaid. § 4. And be it further enacted, That the trustees afore- fuueedand be said, and their successors in office, shall be capable of su- ing. and being sued, pleading and being impleaded, and of using all necessary and lawful means for securing and de- fending the property, debts, or demands in right of said in- sti tution. § 5. And he it further enacted, That should any vacancy Vacancies, happen, by death, resignation, or otherwise, in the board of trustees, the remaining trustees, or a majority of them, shall fill such vacancy as they in their by-laws may direct. § 6. And be it further enacted, That the said trustees To elect a shall have power to elect a treasurer, who shall give bond wifo shall' with approved security to the said board of trustees for the |indesb0Tld time being, and their successors in office, in whatever sum rity. they may deem advisable, for the faithful discharge of the duties reposed in him. § 7. And be it further enacted, That nothing in this act shall be so construed as to dissolve the affinitive relation tweerTsaid between said institution and the Senatus Academicus of this State ; but the same shall be construed as amenable to, natus Aca- and entitled to participate in all the advantages now by law notd?" derived from the same. solved. § 8. And be it further enacted, That from and after the Trustees of passage of this act, William Redd, Abraham Greer, John united^™ High, Joel Hunt, William McWhorter, John S. Penn, and James Brockman, and their successors in office, shall be, County, and they are hereby declared to be, a body corporate and anSS. politic, by the name and style of "the Trustees of Brockman porated. United Academy in Greene County;'' and the said trustees and their successors in office are hereby declared to be capa- ble and liable in law of suing and being sued, pleadfrg Tosueand and being impleaded, and to have and hold real and personal property for the use and benefit of said academy. pe°rty,P&c. § 9. And be it further enacted, That the said trustees and Vacancies, their successors in office shall have power to fill all vacan- cies which may happen in their board by death, resignation, or otherwise, and to make all necessary by-laws, rules, and May make regulations for the interest and government of said institu- &c". ws' tion; and for that purpose may have and use a common seal, Use a com- may appoint such officers as they may think proper, and re- move the same from office for improper conduct or neglect of duty : Provided, such by-law^, rules, and regulations be Proviso, not contrary to the constitution and laws of this State ; and that five of the aforesaid trustees shall be sufficient to form Five to a board for the transaction of the business of said institu- o°"sr!!!l!,e a lion. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 26th December, 1826. G. M. TROUP, Governor. AN ACT to incorporate Arthur Academy, in Oglethorpe [No. 92. County. Be it enacted by the Senate and House of Reprcsen- 36 . ACADEMIES.—1828. Trustees of tatives of the State of Georgia, in General Assembly met ', and money that may be in their bands, the trustees of the free Academy, & *s hereby enacted by the authority of the same, That from schools for said county are hereby empowered and required in ogie- ' and immediately after the passage of this act, Barnabas Ar- to cause suit to be instituted on the bonds of said trustees county, thur, John Townsend,. Jesse Bell, William Brigg,1 and : of thd poor schools,, and said suit or suits shall be prose- and'incor- Emanuel Zuber, and their successors in office, shall be, and cuted in the name of the Trustees of the Free Schools for porated. they are hereby declared to be, a body corporate, by the name the County of t Gwinnett, and the money recovered or paid and style of" the Trustees of Arthur Academy in Oglethorpe over, by said board of trustees of the poor school shall go County and the said trustees are hereby authorized to have to, ,arid form a part of, the free school fund. May use a and use a common seal, and are hereby declared to be able § 4. \And. be it further enacted, That the trustees of the Toiiavc seai,"sue and capable in law of suing and being sued, pleading land free schools for the county of Gwinnett shall be entitled^8*™ and bend ^emg impleaded, and to have and hold real and personal to all the, privileges and benefits that the trustees of the Trustee,» hold pro- property, for the use and benefit of said academy. 1 poor schools were entitled to under the several acts esta- scm* vacancies. § 2. And be it further enacted by the authority aforesaid, blishing and regulating said poor schools, and they are au- That the said trustees and their successors in office shall thorized and required to draw on the Governor of said State ( have power to fill all vacancies which may happen in their, for the time being, and his successors in office, at such times Three to board by death, resignation, or otherwise, and that three of as may be.needed, the amount of money that the trustees the aforesaid trustees shall be sufficient to form a board of the pjoor school would have beeri entitled. , , for the transaction of the business of said academy ,; a.nd § 5. And'be it f urther enctcted, That the trustees of the To adopt Appoint shall have power to appoint such officers, removable by free schools be, and they iare authorized to adopt such mea- KeSn- officers, saij board for improper conduct or neglect of duty, and to. surfes as they may deem best calculated for the education of "jjonof Make by- pass such by-laws as may be necessary to carry the powers the youths in the bounty of Gwinnettand they are hereby said com- Proviso hereby vested in them into full effect: Provided, such by- empowered to use all lawful means to carry this act into effect.ty- laws are not contrary to the constitution and laws of this State., '•§ 6. Andbeit furtherenacted, That all laws and parts Repealing Entitled to § 3. And be it f urther enacted by the, authority aforesaid, of laws militating against this, act be, and the same are re-claus?' the°Acade-f That the aforesaid academy shall be entitled to all the pro- pealed—any law jto the contrary notwithstanding.'. my Fund, visions of the second section of an act entitled An, Act to dis- IRBY HUDSON, . tribute certain funds among the several counties in this : y ■ Speaker of the House of Representatives. State, for the use of academies, and to provide a method of , . ' THOMAS >3TQCKS, obtaining further information concerning endowments here- , ; r , , , : President of the Seriate. ' tofore granted—passed the twenty-third day of December, Assented to, 23d December, 1826. • v , eighteen hundred and twenty-two, ito which other academies < \ ^ G. M. TROUP, Governor. ♦ of said county are entitled. IRBY HUDSON, ^ Speaker of the House of Representatives. AN ACT lo incorporate Limicerd Academy, in Baldmn [No.94,1 THOMAS STOCKS, r " a , i . o0r r loon ^reS^6lit Senate. Be it enacted by the Senate and House of Representa- Trusteed , Assented to, 22d December, lozo. , . > .- ~ ~^ v „ ,-*Y s 7 . tbeLoni- " ' ' G. M. TilOUP, Governor. iltes °f ihe State, of Georgia, m General Assembly cera Aca- ' , • and it is hereby enacted by the authority of the same, That demy, in M AN ACTto estaUuk' Wgo* In fe of *- ,, , .. cera, Academy shall bb known and called by that name; porated. Trustees Beit enacted, by the Senate and House of Representatives and. that James Lamar, Williarn W. .Carnes, Benjamin H. fo establish °f State of Georgia,' in General Assembly met, and it Reynolds, James Bonner, and John A. Jones, and their. Schools in hereby enacted by the authority of the same, That from successors in office, be, and they are,hereby declared to be) a the County and after the passing of this act, George M. Grisham, Isomu bqdy politic and incorporate, by thename and style of "the retfWin Williams, William J. Russell, Thomas W. Alexander, Wil- Trustees of Lonicbra'Academy," anrjl as such shallbe capa- liam Montgomery, Efisha.W. Chester, James McLure, ble and liable in law to sue and fee sued, plead.and be im-Tosueand Robert S. Adair, and Reuben McLunge, be, and they are pleaded, arid shall be authorized to make such by-laws and lately- hereby appointed a board of trustees, for the establishment regulations as may be necessary for the government of said laws. - and government of free schools in the/county of Gwinnett, academy; Provided, such by-laws are riot repugnant to the Proviso. Authorized and they are vested with powers to fill aft vacahcjes that may >. constitution or laws of this States and for that purpose may cancie™" occur in their board from time to time : Provided, that the have and use a commonSeal, and appoint such officers as Use a com- Proviso, concurrence of a majority of said board shall be necessary, they may think proper, and remove the same from office. anTa^'1 for the transaction of any business. , , > ' § £. And be it further enacted, That the said trustees pointoffi- Required §2. And be it further enacted, That each of the trus- shall be capable of accepting and being invested with all May hold boifdand tees of the free schools for the courtty aforesaid shall, before manner of property, real and personal, all donations, gifts, prop€ny- ffieGo- t0 theX enter on duties, of their ofhc\give bond and secu- grants, privileges; and immunities whatsoever, which may . Ternor. rity, to be approved of by the clerk offibe Superior Court belong to the said institution/ pr which may hereafter be- for said county, in the penal sum, of one thousand dollars conveyed or transferred to them and their successors in pf- each, and payable tq his excellency the Governor, for the fice, to have and to hold the same, for the proper benefit and time being, and his successors in office, , conditioned that behoof of the said academy. they discharge their duties faithfully, as ma^e ascertained ' § 3. And be it further enacted, That when any vacancy Vacanci» by law, and as may seem in their judgment most conducive shall happen, by death, resignation, or otherwise, 'of any one to the education of the youths of the country. or more of the trustees of said academy, the survivors or a Authorized § 3. Andbe it further enacted, That the trustees^ said majority of them shall fill the same insuch manner as may !"e Duids free schools be, and they are hereby authorized and-re- be pointed out by the by-laws and regulations of the trus- - <.f the Poor quired to. receive from the board of trustees for the poor tees aforesaid1. IRBY HUDSON, schools of said county, all sums of money drawn by said Speaker of the House of Representatives- School, and the ™™®rrjn°f board of trustees for the poor schools in said county; from - • ' THOMAS STOCKS, tiie same, the State, for the use of said poor schools, and not actually ' President of the Senate, disbursed in the education of said poor children; and on Assented to, 23d December, 1826. failure or neglect to account for and pay over all sums of G. M. TROUP, Governor. ACADEMIES.—1826. 37 [Na 95.] AN ACT to incorporate Lake Academy, in the bounty of Bibb. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Luke J. Morgan, Thomas Lundy, Henry Andulf, and Oliver H. Prince, and their successors, are hereby constituted a body corporate, by the name and style of " the Trustees of the Lake Academy," with the privilege to receive and hold any real or personal estate that may be necessary to the objects of the trust, and with the power, under the common seal, or under the hands of any three of the board, to do any lawful and constitutional acts which in their opinion may be best suited to promote the interests of the institution. § 2. And be it further enacted, That if, by death, resig- nation, or otherwise, the trustees should be reduced to a numberless than three, the vacancies shall be filled so as to increase the board to that number, by the Inferior Court of Bibb county, for the time being—all other vacancies shall be filled by the board. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 2^d December, 1826. , G. M. TROUP, Governor. Trustees of Lake Aca- , letny, in Bibb Court- ^ muni- rated and ,. With pow- jSr to use a itij omtnon eal,anddo lather acts. shall happen, by death, resignation, or otherwise, the same shall be filled by the remaining trustees : Provided, that a majority of all the trustees for the time being shall be ne- cessary to constitute a choice ; any law to the contrary not- withstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 27th December, 1826. G. M. TROUP, Governor. ^No.96.] The Poor School and Academy '"und of jowndes nade a ?oor ■School Fund. Trustees ippointed ind incor- rorated. Their style. To sue and !Sie sued, | rold pro- lerty, &c. ' *hal! ap- I roint a Treasurer, rvho shall jive bond and secu- ity. Poor chil- dren of said County en- titled to the benefits hereof. Vacancies. AN ACT to appoint Trustees for the Poor School Funds in Lowndes County, and to vest the Funds of the Lowndes County Academy in the same. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the poor school fund and the fund set apart for academical pur- poses for the county of Lowndes be consolidated, and the dividends which may hereafter be due the pdor school, (and for) academical purposes for the county of Lowndes, be consolidated, and the dividends which may hereafter be due the poor school or academical fund of said county, be alto- gether a poor school fund for the county aforesaid. § 2. And be it further enacted, That Henry Parrish, Lawrence Fulsom, Archibald Strickland, Jesse Carter, and Samuel Knight be, and they are hereby appointed trustees of the Poor School Fund for the county aforesaid, with power to receive from the justices of the Inferior Court of said county, or all or any other person or persons who have, or may hereafter have or hold in their hands,' any part of the academical fund ; and that said Henry Parrish, Lawrence Fulsom, Archibald Strickland, Jesse Carter, and Samuel Knight are hereby declared to be a body corporate, under the name and style of" the Trustees of the Poor School Fund of the county aforesaid," with full power to sue and be sued, plead and be impleaded, in the name and style aforesaid, to bold property and choses in action of all kinds. § 3. And be it further enacted, That the trustees afore- said shall appoint a treasurer, who shall not be one of that body, and who shall give bond th the trustees aforesaid and their successors in office, in a sufficient sum to secure the amount to~be placed in his hands, and for the faithful per- formance of the trust reposed in'him. § 4. And be it further enacted, That the children entitled to the benefits of the poor school fund of this State, by an act entitled An Act to alter and amend an. act passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute the bank dividend, and other nett proceeds of the poor school fund among different counties in this State, shall receive the benefits of this fund, accord- ing to the manner pointed out in said act, so far as it does not militate against this act. § 5. And be it further enacted, That when any vacancy AN ACT to alter and amend an Act, passed the [No. 97.] twenty-second day of December, eighteen hundred and twenty-three, to alter and amend an Act, passed the twenty-third day of December, eighteen hundred and twenty-two, to distribute the Bank Dividends and other nett proceeds of the Poor School Fund among the different Counties in this State, so far as relates to the County of Franklin. Be it enacted by the Senate and) House of Representatives of Trustees °( the State of Georgia, in General Assembly met, and it is here- schooi°r by enacted by the authority of the same, That from and after the passage of this act, the trustees of the poor school County to fund of Franklin county be, and they are hereby required "unsettle- to make annual settlements with the Inferior Court of the county aforesaid, of their actings and doings as trustees rior cour aforesaid up to the twenty-fifth of December last preceding such settlement. § 2. And be it further enacted, That upon going into such shall pro- settlement, the trustees aforesaid shall produce all neces- vouchers to sary vouchers to establish the legal disbursement of the poor ^bUsh school fund aforesaid under the act of the twenty-third De- burse- cepaber,- eighteen hundred and twenty-two, and the twenty- ments' second December, eighteen hundred and twenty-three, of which this act is amendatory. And in case of a breach or ®o!^0enof violation of the duty enjoined by this act by any trustees &c. their' he or they shall he sued on his or their bond or bonds by b°nds 10 be the Inferior Court of said county, and the amount recrvered thereon shall, after defraying necessary expenses, to and become a part of the poor school fund of said county, as provided by the before-recited act. § 3. And be it further enacted, That the trustees afore- said shall, and they are hereby required 1*° meet at the meet at the Court House in said county, quarter-yearly, to wit: on the first Tuesday in January, April, Jutyi October, in each and quarter- every year. Two of the trustees aforesaid shall form a yeary* quorum to "do business, but one of them rpay adjourn at a regular meeting to'some subsequent day, when a majority of the trustees do not attend the regular meetings afore- paid, of which adjournment the secretary of the board of trustees, hereinafter to be appointed, shall give notice at the most public places in said county. §4. And be it further enacted, That the trustees afore-To appoint said shall, and it is hereby especially enjoined upon them, to ^ "JS, appoint a sub-trustee for each and every militia district in dis- said county, whose duty it shall be to report at the regular His duties, or adjourned meetings of said board of trustees, the num- ber, names, and situation of the poor children in their seve- ral districts, and under the direction of the board, contract for and superintend the education of such as the boajd shall agree to, educate, upon which reports so presented the trus- tees shail act forthwith. § 6. And be it further enacted, That the trustees aforesaid shall ap- shall, immediately after the passage of this act, appoint a secretary treasurer and secretary to their board, neither of whom ^rderTrea* shall be one of the trustees; and shall require bond of their Treasurer treasurer, made payable to themselves or their successors bonTand in office, in a sum not exceeding double the amount of funds security, to be placed in his hands, or that may at any time be in the treasury of the board, with such security as shall be ap- 38 , ACADEMIES.-1-1826. proved by said trustees, and such bond so taken shall be de- AN ACT to incorporate the Flat Shoal Academy, in [No.9j posited in the clerk's office of the Inferior Court of said " the County of Jones. - county ; and upon a breach or neglect of the duties required (t enacted ly the Senate and House of Representatives Tru*^ of said treasurer, his bond shall be sued on before the. In- 0f tke State 0f Georgia, in general Assembly met, andit is ferior Court of said county, and such recovery had thereon hereby enacted by the authority of the same, That from and demy, in8 as shall appear just. , • after the passing of this act, the academy in the county ofcZZv wmakeean § , it further enacted, That the treasurer afore- joneSj now known and qalled by the name of the Flat Shoal nonWw annual re-said shall makq an annual report to the trustees of there- Academy,'shall be known and called by that name ; and that St?' S^ied ceiPts and disbursements on account of the poor school Abner Davis, Jesse Cox, Peter Northern, Ichabo'd Cox, and withhers time as the trustees shall require and direct, Joshua B. Bateman, and their successors in .office, be, and accompanied by such vouchers as shall be necessary to e[uci- they are hereby declared to be, a body politic and corporate, , date and explain such report. . ' by the name and style out" to, arid presented to the trustees at their regular or adjourned x 2° And ie it 'farther .enacted,\ That the -said trustees Mayi,o« meetings, and shall be received or rejected by said trustees ghalt be eapabie, 0f accepting ahd being invested with all^ as to them shall seem fit and proper ; Provided, that ,upon manner of property, real and personal, ajl donations, gifts, How to be acknowledging such accounts as being reasonable and just, grantSj privileges, arid immunities whatsoever, which may the trustees aforesaid shall give an order on the back of sucfi- belong to Said - institution, or which may fiqreaftei" be con- proven accounts on their treasurer, directing him to pay Veyed or transferred to them or their successors in office, the several sums sworn to, and in no other way than provided to have apd to hold; the same for the proper benefit ahd be-' by this section, shall accounts as aforesaid be jeqeived and, b(K)f 0f academy. ' • ' ' paid off. . / §>3. And be it further enacted, That when any vacancy vacantia. Tominim in § And further enacted,That the trustees afore- may bappen by death, resignation, or otherwise, of any of the office aur- said shall continue in office during good behaviour, but trustees of- the ;,Flat Shoal Academy, the Survivors or re- SfSr shall, nevertheless, be removed by the Inferior Court, or a maining ,trqstees shall fill the same in sucfi manner as shall ani liable' majority of said Court, for a refusal or neglect of duty as trus- be pointed out by the 'by-la Ws and Regulations of the; trus- moveaby tees aforesaid, and upon such removal shall turn over to their tees ^foresaid ; Pr6vid,edthat nothing herein contained Court?01 successors in °fiice all moneys belonging to the poor school sbap be so'construed as to prevent the Senatus Academicus fund of said county which may be in their hrinds at the time from the right of inspecting this institution as now, pointed of such their removal; and their successors in office upon rq- ,out by iaw< ; , IRBY HUDSON, cehing moneys , as aforesaid from their predecessors, shall 1 ' s Speaker of the House of Representatives, pay tt*» same immediately to the treasurer of the board of ' . THOMAS STOCKS, trustees. ; , J \ ' , ' President of the Senate, compensa- §1®* AivJ, be it further, enacted, That the. trustees afore- Assented to, 30th November, 1826. " Treasurer said may givt their treasurer and secretary a reasonable < G. M- TROUP, Governor. ' and feecre-and moderate compensation for their services, out of the i - ( lary' poor school fund. , _ • , . . • Penalty on §11. And beitfunher enacted,Thzt all persons holding, AN ACT*' to 'incorporate the Franklin Academy, in [No,93] or who may hereafter hold and detain in their hands,, any ' 1 Upson County. ney of the moneys bejonging to the poor school fundi of the coupty Be it enacted by the Senate and House of Representatives Trusts School m aforesaid, contrary to the true intent and meaning of this 0f the State of Georgia, in General Assembly met, and it'is tueirhands. act, after the same shall have Wen demanded in writing, hereby enacted by the authority of the same, That, from and in shall pay interest on the same"at the rate of twfenty-five per immediately after the passage of this act, the academy in n°2id cent, per annum, until such moneys field and detained as .-Upsop county, now. known and called by the name of Frank-an^(? aforesaid shall have been paid. - ' - , lin Academy, shall be knpwn and called by,that name ; and110 , Trustees § 12. And be itfurther enacted, Thkt the-Inferior Court that Henry Kendall, jr., Andrew Hunt, Edward Holloway, how^emo- FranklinCounty, or a majority of said Court; be, and they Eaton Bass, arid Alexander M. White, and their successors vabie. are hereby authorized and required to remove from office in office, be, qrid they are hereby declared to be, a body politic the trustees aforesaid at ^ny lime when they shall believe and corporate, by the name and style of the Trustees of Theirstjt the public good to, require it, or that the trustees aforesaid Franklin Academy and as such shall, be capable and liable To sues appear lukewarm and indifferent in the discharge of their m law to sue and be sued, plead and be impleaded^ and1*BUe(1, duties, and may take upon themselves the, office and duties sban be authorized to make such by-laws and regulations as Makeby^ of trustees of the poor school fund of the county aforesaid, maybe necessary for th'p government of said academy; Pro- any thing in the ninth section of this act to the contrary not- vided, such' by-laws. are not' repugnant to the constitution withstanding. ^ • or laws of this State r and for that purpose may fiave and use Usea« § 13. And be itfurther enacted, That all laws or parts of a common srial, appoint such officers as they may think pro- ^dna^' ^ laws militating against this act be, and the sa.mq are hereby per anj remove the same from office for improper conduct p*''ntofl repealed. ' IRBY HUDSON, or neglect of duty. ; , ^ 1 • Spealker of the House of Representatives. § 2. And be itfurther enacted by the authority aforesaid, May how - , THOMAS STOCKS, That the said trustees shall be capable of accepting and gw* President of the Senate, being invested with all manner of property, teal and personal, Assented to, 23d December, 1826. G. M. TROUP, Governor. See (No. 120) Act amended. ACADEMIES.—1826. 39 i be filled / the rand ury. all donations, gifts, grants, privileges, and immunities what- and academical fund of said county, be altogether a poor soever, which may belong to said institution, or which may school fund for the county aforesaid. hereafter be conveyed or transferred to them, or their § 2. And be it further enacted, That Howell Cobb, John Trustees successors in office, to have and to hold the same for the Walker, Robert Brown, Simeon Taylor, and Kenaday Den- ?oPreceive proper benefit and behoof of said academy. nard be, and they are hereby appointed trustees of the poor foe funds. § 8. And be it further enacted by the authority aforesaid, school fund for the county aforesaid, with power to receive That when any vacancy may happen, 'by death, resignation,- from the commissioners or trustees of the academy of the or otherwise, of any of the trustees of Franklin Academy, the county aforesaid, or the Inferipr Court, or all or any other Grand Jury of said county of Upson shall fill the same at person or persons who have or hereafter may have or hold such term of the Superior Court, and in such manner, as in their hands any part of the academical or poor school shall be pointed out .by the by-laws and regulations of the fund ; and that the said Howell Cobb, John Walker, Robert said Trus. trustees aforesaid. IRBY HUDSON, Brown, Simeon Taylor, and Kenaday Dennard, and their ^Ited?01 Speaker of the House of Representatives, successors in office, are hereby declared to be a body cor- Assented to, THOMAS STOCKS, President of the Senate. December, 1826. G. M. TROUP, Governor. S).100.] '-ustees of i Poor hool ind also make re- - ns to the -ivernor. ?til such urns are ade, the \ >vernor withhold ,'ther dis- "Ntion. t to he ^titled to iir distri- live ire till •h re- O.101.] ie funds Houston unity ;ademy sted in 5 Poor hool ind. porate, under the name and style of " the Trustees of the Theirstyie. Poor School Fund" of the county aforesaid, with full power to sue and be sued, to plead and be impleaded, in the name Tosue and and style aforesaid, to hold property and choses in action of hoidUpro- all kinds. perty, &c. AN ACT* to amend the sixth section of an Act, en- § 3. And be it further enacted, That the trustees afore- T^appomt titled An Act to alter and amend an Act passed the said shall appoint a treasurer, who shall not be one of that rer, who twenty-third day of December, eighteen hundred and body, and who shall give bond to the trustees aforesaid and bond and twenty-two, to distribute the Bank Dividends and other their successors in office, in a sufficient sum to secure the security. nett proceeds of the Poor School Fund, among the amount to be placed in his hands, for the faithful perform- different Counties in this State, passed twenty-second ance of the trust reposed in him. day of December, eighteen hundred and twenty-three, § 4* And be it further enacted,'Thatthe children entitled and aim to amend the Act to distribute certain Funds. to th? benefits °f the poor school fund of this State by an act, for the use of the several Academies in this State, "h't ed An Act to alter and amend an act, passed the gf vassed twentv-third of December eighteen hundred twenty-third day of December, eighteen hundred and twenty-dated fund- passea twenty tmra oj uecemoer, eigtiteen nunarea ^ iQ distribute the bank dividend and other nett pro- ana twenty-two. ceeds of the poor school fund among diflerent counties in Be it enacted by the Senate and House of Representatives this State, shall receive the benefits of this fund according to of the State of Georgia, in General Assembly met, That the manner pointed out in said act, so far as it does not mili- from and after the passage of this act, the trustees of the tate against this act. poor school fund shall, in future, in addition to their making § 5. And be it further enacted, That when any vacancy Vacancies, their annual returns to the Senatus Academicus as prescribed shall happen by death, resignation, or otherwise, the same by the sixth section of the act aforesaid, also make the same shall be filled by the remaining trustees ; Provided, that a to his excellency the Governor ; and until such returns are majority of all the trustees for the time being shall be ne- made to the Governor, in all cases where money has already cessary to constitute a choice ; any law to the contrary not- been distributed, or which may hereafter be distributed, withstanding. . IRBY HUDSON, showing an accurate and clear disposition of the money ad- Speaker of the House of Representatives, vanced, the Governor is hereby authorized to withhold any THOMAS STOCKS, further distribution as required by the above-recited act. President of the Senate. §2. And be it further enacted, ThaD the' trustees of the Assented to, 26th December, 1826. several academies in this State shall not be entitled to their G. M. TROUP, Governor, distributive share of the funds set apart and provided for said academies in last recited act, until they shall also, in AN ACT to incorporate the Jefferson Jlcademy in the [No.l02.f addition, to the returns required to be made to the Senatus County of Newton, and to appoint Trustees for the Academicus by said act, make a return to his excellency same. the Governor of tfie manner in Vvhich they have already dis- „ . * , , T, - „ m r posed of moneys placed in .their hands, and such, as may .f,e the Senate and Home 3SKof hereafter come into their possession by virtue of said act, tf**? State°f ™ General Assembly met, and it is ACademy shall also be accounted for before they shall draw or re- hnerebV e™cte<[% the authority ofthe same, ^at John L. ceive any further distribution - « Prp«bW nf thp q! son Academy, in the county of New*®," with the privilege May use » Assented to, 22d December, 182G. ' of usinS * sea'' ani* '^r^form^f such mTtter^ ="""' r M TP HTTP r to sue and he sued, and to do perform all such matters Sue and be ' Governor. &nd &g may be autbori^d by the constitution and fun- sued. . damental regulations of sai^academy. AN ACT to appoint Trustees for the Poor School Fund § 2. And be it further tnacted, That the trustees of said AdopUy- in Houston County, arid vest the Fund of the Houston academy shall have ptxver to adept such by-laws and regu- aws' *' County Academy in the same. lations as may be necessary for its government and prospe- Be it enacted by the Senate and Home of Representatives ritJ- and to appoint and remove for improper conduct, or Agin. of the State of Georgia, in General Assembly met and it is neglect of duty, such officers as may be authorized by the hereby enacted by the authority of the same, That the proper authority ; Provided, the regulations for the govern- Proriso. poor school fund, and the fund set apart for academical pur- ment of ^id academy be not repugnant to the constitution poses for the county of Houston, be consolidated and the and laws of this State' atld that noth,ng therein contained dividends which may hereafter by law be due the poor school sha,J be so construed as to prevent a majority of the trustees a majority be due thepc See (No. 116) authorizing the Trustees to make returns, &c. from acting in all cases, and to fill all vacancies that may oc cur in the board of trustees and provided, also, that nothing 40 . ACADEMIES—1826. Not enu-ny in this act shall b® so construed as to entitle the trustees lives of the State of Georgia, in General Assembly met, Tru^e1 of the an- aforesaid to apply for and receive any part or portion of the' and it is hereby enacted by the authority of the same, That tSL nualdivir 1 j:..- j- j- ivt—.— i .. r <• :• n ,i. _ ./• ai . _r»„ dends of annual dividends that Newton county shall or may be enti- from and after the passage of this act, Alexander McDo- thecounty. tied to out of the nett proceeds of the funds ,set apart for nald, Obadiah' Echols,' Abram B. Dale, John Brownfield, county* May hold the endowment of county academies. and Lawson L. Holland be, and they are hereby appointed, property, ^ 3, And be it further enacted, That the said trustees, and they and their successors in office shall, and they are porauT' and their successors in office, shall be capable of accept- declared to be, a body corporate and politic, under the name ing and being invested with all manner of property, real and style of " the-Trustees of Constitutional Hall Aca-Their8iyit and personal, all donations, gifts, grants, privileges^ and demy," with the"privilege of using a common seal. immunities whatsoever, which may belong to the said insti- § 2. And be it further enacted, That said trustees, and seal, tution, or which may hereafter be conveyed or transferred to their successors in office, shall be capable in law to sue them, to have and to hold the same, for the proper benefit and be sued, plead and be impleaded, and shall be author-sue(L and behoof of said academy. , ' . ized to make such by-laws and regulations as may be ne-Make by. Election of § 4. And be it further enacted, That elections of trus- cessary for the, government of said academy, and for thelaws- Trustees. teeg and ofRcers shall be held at such time and in advancenaent of literature in the same : Provided, such by- such manner as may be prescribed by the by-laws and regu- laws be riot repugnant to the, constitution or laws of this lations for- the government of said institution—any law, State. ' - . usage, or custom to the contrary notwithstanding. § 3. And be ^ further enacted, That said trustees, and Mayhow IRBY HUDSON, their successors in office, shall be capable of accepting and &r^pe^,, Speaker of the House of Representatives., being invested with all manner of property, both real and 1 THOMAS STOCKS, . ' personal, all donations, grants, .privileges, and immunities President of the Senate, whatsoever, which may belong to said institution, or which Assented to, 30th November, 1826. ' may hereafter be conveyed or transferred to therri, to have ' G. Mi TROtJP, Governor, and to hold the same for the proper benefit,arid behoof of * ■' '• . said academy. , • _ . [no.103.] an act to incorporate the Washington Academy, in v - irby, HUDSON, the County of Bibb. . ■ , , Speaker of the House of Representatives. Trustees of Be it enacted by the Senate and House of Representa- . ■ THOMAS STOCKS, ton^Aca-" tives of the State of Georgia, 'in General Assembly met, . , , , 00/1Ti . 0 Senate. BibbCoun- and it is hereby enacted by the authority of the same,• -That Assented to, 22d December, 1826. _ ■ g!tSS. Needham Mima, John Lamar. Benjamin B. Lamar. David . ,\ •• \/> . ; G", TROUP, Governor,, wlrporated" G* Worsham, and II^ry^.*_L§1tla?^re appointed, and •- ~ 1 • • they and their successors ln^office shall be, and1 they are an ACT* to qdd theAcademy Fund to which the County [no.105,] hereby declared to be, a body corporate, by the napie arid of Baker is entitle# to the Poor School Fund of said style of " the Trustees of the.Washington Acadern'y, irithe ^County, and fifty- dollars seventy cents offhe Poor County of Bibband as such body politic shall be capable, of School Fund to which the County of Early was enti' suing and being sued, and of doing other acts which maybe ' tied,. for the years eighteen ^hundred and twenty- necessary to the execution of the trust confided to them, : five to the same, and jo authorize the taking of the • SnlT" ana for that Purpose .may haVe and use a. common seal, ap- - Census of sundry Counties in this State, • ZS&i poi"'^h ofers, as they, may think proper, and remove Be Jt enacted hy. the Semte ^d House of Represenla- n,^ •ers. ^^sc^ductor neg ec o uy. tives of the State of Georgia, in General Assembly met, and it J ^MieA/krOermu^t byOe aythorUytforesmd, is emoteS hf.oi'authority of the same. That the*T k" " That the trustees shall be capable of accepting and holding. moAe » jor the use rf Jhe academies of the sere- 2? all manner of property, both personal and real, and all be- . ral cJunties ^ th-, gtat f „ respeCts the county of'«» quests, gifts, and donations, prmlegesand immunity what- BaW be addeiy t6 an<, become'a' part of the poor school 2? soever, which may belong to said institution, or which may fun(j ofsaid county - ' -4 * ' Fund, hereafter be made of transferred" to them or their sdcces- §2 ,Andle a farther enacted hy the authority aforesaid,*,™ sors m office; are hereby authorized to make such by-laws Th*at fifty doliars geventy cents of the p00r school fund, £? and relations as theymay deem expedient r Provided, tQ wbieh the COUnty of'Uarly was entitled for the years BSf Such by- a^s and regulations be not repugnant-to'tbe cori- eighteen hundred and twenty-four and .eighteen hundred and connty stitution.anolaws of this State, or the United States., . {wenty-flve,: bh bdded to,.and become a. part of the poor-" Vacancies. ^ § 3. Andbe,t further enacted by the authority aforesaid, gchool fund of the courit df B^er> . . • That should anj vacancy happen' by death, Temoval, or , 3<: And y it further enacted^ That it shall be the duty TheMt- otherwise, of the ♦rustees of the Washington Academy of\he. justices of the Inferior Court of the several coun- hereby established, n shajl be the duty of the remaining ties of tJhis State . which have been,created since-the lastO-*' Frovteo. trustees to fill such anointment: Premded, tiiat the re- censU3 was taken, or which may hereafter be created and SI maining trustees consist of a majority of the whole board ; organi2ed> t0 appoint one fit and proper person in each bd-SjS and m case there should no, be a majority of the trustees, jatjon jn their respective counties, to take a full and accu- whitepo- such vitcancy or vacanciesi flaall be filled by the Inferior rate censu^ or cnurneration of the free white population- . Court of said county of 1 , a aforesaid. _ qrt-vr and the persons so appointed shall make their returns to the ' ffiBY |UUoUri, clerk of the Inferior Court, within the time prescribed by Speaker of the Houtic, 0f Representatives - - 1 J May sue and be sued. Make by- laws. Proviso. THOMAS STOCKS, 1 the authority from whence they received their appointments. VJUVvl II • ollrtll A MMi.il A J iA /lltn Xir n *** V\A«4iam ACADEMIES.—1826. 41 Ccunppnsa- § 5. And be it further enacted, That the persons appointed foil's"'oPap- to take the census or enumeration, shall receive the com- puiuted. pensation, and be governed in the performance of their duty by the provisions contained in an act passed the tenth day of December, eighteen hundred and twenty-three, providing for taking the census of this State, except so much as mili- tates against the provisions of this act. 1RBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 27th December, 182'6. G. M. TROUP, Governor. no.106.] The Aca- demy Fund of Rabun County vested in • the Poor School' Fund of said Coun- ty- Persona holding money to pay the same to the Trustees. AN ACT* to add that part of the funds heretofore set apart for the support of County Academies to the. Poor School Funds, so far as respects the County of Rabun. Be it enacted by the, Senate and House of Representa- tives 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 passage of this act, that all that part of the funds which hav.e heretofore been set apart for the sup- port of the county academy in the county of Rabun, be added to, and become a part of, the poor school fund for Rabun county, subject in every respect to the laws now in force on that subject. § 2. And be itfurther endeted'by the authority aforesaid, That any person or persons holding money in their hands under the before-mentioned act, is hereby bound \vhen called on to pay over the same to the board, of trustees in said county, for the use above mentioned—any law to the con- trary notwithstanding. • IRBY HUDSON, Speaker of the House of Representatives. ' THOMAS STOCKS, President of the Senate. Assented to, 27th December, 1826. ' G. M. TROUP, Governor. [no.107.] 'Trustees of the Oak Grove Aca- demy, iu Morgan County, nominated and incor- fporated. i Their name. 'May use a common ' seal. May appro- priale the funds, &c. ,May make by-laws. , Hold pro- jperty, &c. tnem or tneir successors m office, to have and to hold the same. § 4. And be it further enacted, That the trustees afore- said, and their successors in office, shall, and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all necessary and lawful means for securing and defending any property, debts, or demands whatsoever, which tbey may demand in right of said institution. § 5. And be itfurther enacted, That should any vacancy happen, by death, resignation, or otherwise, of any of said trustees of said academy, it shall be filled in such manner as the remaining trustees may point out. § 6. And be it further enacted, 'J'hat the said trustees shall have power to appoint a treasurer, who shall give bond and approved security to the board for the time being, and their successors in office, in such a sum as the trustees may deem advisable. § 7. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are here- by repealed. • . IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President Of the Senate. Assented to, 14th December, 1826. G. M. TROUP, Governor. To me nnd lie sued. Shall ap- point a Tiensure , who shall give bond and seen- )ity. Repealing clause. AN ACT to incorporate Oak Grove Academy, in the County of Morgan. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the samp, That John S. Fall, James Hitchcock, Edward 'W. Collier, Elijah Loyd, S. H. Gilmore, -Benjamin Cameron, and Ar- chibald Carlton, be, and they are hereby appointed trustees, they and their successors in office shall be, and are hereby declared to be, a bodyjeorporate, by the name of'4 the Trus- tees of the Oak Grove Academywith the privilege of using' a common seal. § 2. And be it further enacted, That the trustees and their successors in office, or a majority of them, are hereby au- thorized and empowered to appropriate, in the manner they may think calculated to promote the interest of said institu- tion, and to erect suitable edifices for the promotion of lite- rature, all money and specialties belonging, or in any wise appertaining to said institution. ' § 3. And be it further enacted, That the aforesaid trus- tees, and their successors in office, or a majority of them, are hereby authorized to make such by-laws and regulations as may bj necessary for the government of said academy ; Provided, such by-laws and regulations be not repugnantto the constitution and laws of this State : and that they be in- trusted with all manner of property, both real and personal, all donations, gifts, grants, privileges, and immunities what- soever, w hi -h u ay belong to said institution by virtue of this act, or which hereafter may be conveyed or transferred to * See (No. 118) vesting, incorporating certain Trustees. AN ACT to incorporat< ' 7 hith Academy, in Baldwin [no.ios.] ( ft,. Be it enacted by the ba iud House of Representa- Trustees oi tives of the State of Geor^ >a. n General Assembly met, Academy, and it is hereby enacted by the autnority of the same, That jV0®"tyWin from and immediately alter the passing ot this act, the aca- nominated demy in Baldwin county, now known and called by the name po^1^"1" of Corinth Academy, shall be known and called' by that name ; and that Edmund Brantley, Josiah Matthews, Henry Densler, Benjamin Doles, and James (J. Watson, and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of "• the Trustees of Corinth Academyand as such shall be capable and liable in law. to sue and be sued, plead and lie implead- May sue ed, and shall be authorized to make such by laws and regu- ddbe lations as may be necessary for the government of said Make by- academy ; Provided, such by-laws are not repugnant to the proviso, constitution and laws of this Stite: ti I that purpose may have and use a common seal, aj » • i officers as tbey Uspaom- maj'think proper, and remove the t.'m xrom office for im- andap-1' proper conduct or neglect ot duty. imutund § 2, And be itfurther enacted, That the said trustees shall officers, be capable of accepting and being invested with all manner pj^ly? of property, real and personal, all donations, gilts, grants, &e. privileges, and immunities whatsoever, which may belong to said institution, or which may hereafter be conveyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said academy. § 3. And be itfurther enacted, That when any vacancy vacancies, may happen, by death, resignation, or otherwise, of any of the trustees of Oorinth Academy, the survivors, or remain- ing trustees, e». a body politic and corporate, by the name and style of the Trustees of Troup County Academy and as such shall be capable and liable in law to sue arid be sued, plead and be* impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for, the government of said academy; Provided, such by-laws are not repugnant to the constitution and laws of this State : and for that pur- pose may have and use a common seal, appoint su'qh offir cers as they may think proper, and remove the. same from office for improper conduct or neglect of duty. " . , f § 2. And be it further enacted by the authority aforesaid, That the said trustees shall' be capable of. accepting and being vested with all manner of property,' real and per- sonal; and all donations, gifts, grants, privileges, and.im- munities whatsoever, Avhich may belong to said institution, or which may hereafter be .conveyed or transferred to them, or their successors in office, to have and tp hold the' same for the proper benefit and behoof of said academy. ' § 3. And be it further enacted by the authority aforesaid, That the trustees are authorized .to fill any vacancy that may. occur by death, resignation, or otherwise. IRBY HUDSON; Speaker of the House of Representatives. THOMAS STOCKS,. President of the Senate. Assented to, December 26th, 1827. ' • ' " JOHN FORSYTH* Governor. incorporated in said county, shall pay over to the com- 4 missioners of Blakely Academy one-half of the funds re- ceived by them for the use of their academy, or be feubject, ' to an action for the same in default thereof, at the instance of the said commissioners of Blakely Academy. § p. And be it further enacted, That when- any vacancy Vacancies may happen, by death, resignation, or otherwise, of any of the trustees of said academy, the survivors, or a majority of said trustees, shall fill the same in such manner as shall be pointed out by the 'by-laws and regulations of the trustee? aforesaid. IRBY HUDSON, Speaker of the House of Representatives. . > THOMAS STOCKS, : ' , • President of the Senate. Assented to, December 24th, 182,7. . r ; JOHN FORSYTH, .Governor. [no.iio.] AN ACT to incorporate the Blakely Academy, in the County of Early. ' ^ Name of Be it enacted by the Senate and House of Representa- and''where ^ves °f ^ie State, of Georgia, in General Assembly .met,, established. and it is hereby enacted by the authority of the same, That from and after the passage of this act, there shall be esta- blished at or near Blakely, in the county of Early, on lot No. 155, in the 28th district, an academy,' to be .called and known Trustees of by the name of the " Blakely Academy and that John Dill, Academy, Benjamin Collier, Benjamip Hodges, Julips Weaver, ,Hus- in Early ' teus Steedstill, and their successors in office, be, and they nominated are hereby declared to be, a body politic and corporate, by the poratedCOr" name an(* sty^e °f " the Trustees of Blakely Academy;'* and May sue as such be capable and liable in law to sue and be sued, plead s«edbe an(l be impleaded, and shall be authorized to make sucli Make by- by-laws and regulation^ as may be. necessary for the go- Proviso, vernment of said academy ; Provided, such by-laws are not repugnant to the constitution and laws of this State : and for Use a com- that purpose may have and use a common seal; appoint such and" ap-'- °fficers as they may think propel and reprove the same from point offi- office for improper conduct or neglect of duty. ■ ' v( , May hold § 2- And be it further enacted, That the. said trustees shall property, fog capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, grants, privileges, and immunities whatsoever/which may belong1 to , said institution, or which may hereafter be conveyed, appro- priated, or transferred to them, or their successors in office, to have and to hold the same for the proper benefit and behoof shall he en- of said academy; and they shall be entitled to an equal share equal share °f all moneys heretofore or which may hereafter be appro- 5elly fund P"ate^ the academy or academies in said county, by the ero "" ' laws of said State, appropriating funds for the benefit of academies; and the commissioners of the academy, already AN ACT* to appoint adLditional Trustees for the [no.iii.j Academy of Jefferson County, and to add a part of the Poor School Fund-of the County to the Funds of that Academy ; and to authorize the said Trustees to. '• draw the dividends due the said Academy ; and also . the funds qdded to the same by this Act. ' ' Be it enacted by the Senate and House of Representatives Si* addi-1 of the State of Georgia, in General' Assembly met, That Trustees of Roger L. Gamble, Asa Holt, Ebenezer Bothwell, Benjamin Gobert, Samuel W. .Robins, and Joseph Lowrey be, and ferson they are hereby appointed trustees of the academy ot Jef- ^Sap ferson County, in addition ,to those already appointed. §'2. And be it further enactedby th$ authority aforesaid, ofthe .That four hundred dollars "of the poor school fund of the school county of Jefferson, now in the treasury, shall be added to, thedd and become a part Of: the funds of the Jefferson County Academy » •, r Fund. ' Academy, » /•, , * . .§■ 3. And be it further enacted, That the trustees shall May drw be entitled to draw from the" treasury the dividend which demy Fund has bfeen declared in favourof the. Jefferson County Academy, I'loo^on) under the act of .the legislature of eighteen hundred and thefrea- twenty-twO r also the fopr hundred. dollars of the poorsury* school fund which has been addfed tfie funds of that academy by this act, any law to the contrary notwithstanding. . § 4. And be it further\ enacted, That the said trustees vacancies.' shall have'power and authority to fill any "vacancy that may ' . occur in the said board by death", resignation, or otherwise, after the number shall have beep reduced below .five, and not before/. . ; v ' . IRBY HUDSON; Speaker of the House of Representatives. 'THOMAS STOCKS, . l v . ' , President .of the Senate. \ Assented to, December 22d, 1827. < , JOHN FORSYTH* Governor. AN ACT to-eonsolidate the Academical and Poor School , Funds of the County, pf Dooly. ^ Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly rpet, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the fund set apart and known as the, Academy Fund for the County of Dooly, shall no longer be khown as a fund for that purpose, but shall be attached to, and become a part of, the poor school fund for said county. , ■ § 2. And be it further enacted, That it" shall be the duty of the trustees of said academy to pay over all moneys or other effects belonging to said academy into the hands of the trustees of the poor school fund for said county, and by * See (No. 150} sealing a part of this Act. [no.112.] The Aca- demical Fund of Dooly County added to the P< or. School Fund. The Tras- tees of the Academy to pay ot« the same t» the Tru«- tees of the Poor ACADEMIES-—1827. 43 them to be applied to the education of the poor, agreeable to the law already in force, said Trus- § 3. And be it further enacted, That the trustees as draw"the aforesaid shall-make application, and receive from time to fromthe time anY moneys in the treasury, which may be set apart for Treasury, the Dooly County Academy. Repealing § 4. And be it further enacted, That all laws and parts clause. militating against this act be, and the same are hereby repealed, IRBY HUDSON, Speaker of the House of Representatives. . THOMAS STOCKS, President of the Senate. Assented to, December 4th, 1827. JOHN FORSYTH, Governor. [no.113.] Trustees of the Knox- ville Aca- demy ap- pointed. Any three of them to constitute a quornrn. Vacancies. May ap- point offi- cers and re- move them. Repealing clause. AN ACT to amend an Act, entitled An Act to incor- porate the Knoxville Academy, in Crawford County. Be it enacted by the Senate and House of Representa- fives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Edward Barker, Hiram Warner, Jeremiah HarVey, Jesse Stone, and James Williams be, and they are hereby ap- pointed trustees of the Knoxville Academy; and that any three of said trustees shall constitute a quorum for the transaction of business. § 2. And be it further enacted, That whenever a vacancy shall happen by death, resignation, removal, or otherwise, the same shall be filled' by the remaining trustees; Pro- vided, that a majority of the members present shall be necessary to a Choice. § 3. And be it further- enacted, That the said trustees shall have power to appoint a secretary, treasurer, and such other officers as they shall deem necessary; and ^hall re- quire of such officers bond and security, in such sum as they think proper; and shall have power to remove all such officers, and appoint others in their stead, when in their judgment the interest of the institution may require it. § 4. And be it further enacted, That all laws or parts of laws repugnant to, or militating against, this -act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1827. JOHN FORSYTH, Governor. said captains' districts, in such manner as they, or a majority, may deem most*equitable and just. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. [no. 114.] Two addi- tional Trustees of the Poor Schools in Ware ap- pointed. Vested ^with equal powers jvith the others. Said Trus- teestoesta- blish Dis- trict Schools, and appor- tion the funds. AN ACT to appoint two additional Trustees of the .Poor School ■ Fund of the County of Ware, to establish School Districts, and to apportion the Poor School Fund among said Districts. Be it enacted by the Senate and House of Representa- tires of the Slate of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That William Smith and Jeremiah Johns be, and they are hereby appointed trustees of the poor school fund of the county of Ware, in addition to those already appointed by an act en- titled An Act to appoint Trustees for the Poor School Fund for the County of Ware, and to vest the funds of the Ware County Acadetny in the same. § 2. And be it further enacted, That the said William Smith and Jeremiah Johns be, and they are hereby vested with the same and equal power and authority of the trus- tees appointed by the before-recited act. § 3. And be it further enacted, That the trustees of the poor school fund of Ware County, shall have power to es- tablish schools for the benefit of poor children in each captain's district, and apportion the poor school fund among F 2 AN ACTJ to incorporate Rock Spring Academy, in Monroe County. Be it enacted by the Senate and House of Representa- tives 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 passage of this act, the aca- demy in Monroe county, now known and called by the name of Rock Spring Academy, shall be known and called by that name ; and that Jeptha Hill, John Finch, and Harris John- son, and their successors in office, be, and they are hereby declared to be, a body politic and corporate, by the name and style of " the Trustees of Rock Spring Academy and as such shall'be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the said academy ; Provided, such by-laws be not repugnant to the constitution And laws of this- State : and for that purpose may have and use a common seal, appoint such officers as they think proper, and remove the same from office for im- proper conduct or neglect of duty. § 2.' And be it further enacted, That the said trustees shall be capable of accepting and being invested with all manner of property, real and personal, all donations, gifts, gra'nts, privileges, and immunities whatsoever, which may belong to said institution, or- which may hereafter be con- veyed or transferred to them or their successors in office, to have and to hold the same for the proper benefit and behoof of said academy. § 3. And be it further enacted, That when any vacancy may happen by death, resignation, or otherwise, of any of the trustees of Ro ;k Spring Academy, the survivors or re- maining trustees shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the trus- tees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. [NO.115.] Trustees of tlie Rock Spring Academy, in Monroe County, nominated and incor- porated. Their style. May sue and be sued. Make by- laws. Proviso. Use a com- mon seal, and ap- point offi- cers. May hold property, Aec. Vacancies. AN ACT for the. relief of the several Counties in this State,, in which the Commissioners of the Poor School Fund shall have failed to make their returns in con- formity with the law. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, That in all cases where the trustees of any poor school funds in this State shall have failed tp make their returns in terms of the law in such cases made and provided, they shall be al- lowed to make returns for the ensuing year, embracing re- turns for the past years, and that thereupon they shall be en- titled to receive such "sum as they would have been entitled to, if they had made their returns regularly. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1827. JOHN FORSYTH, Governor. [NO. 116.] Trustees of the Poor School Fund who have failed to make re- turns, enti- tied to do so, and draw their money. U ACADEMIES.—1827, « [no.117.] AN ACT to amend an Act, entitled An Act to appoint the aforesaid funds withheld or detained by any person of ' Trustees for the Poor School in TatnaU County,and persons, who may now have or have had the game in -their vest the funds of the Tatnall County Academy in the hands or control. , n v>. J J ' & 4. And he it further enacted, That in case of a vacancy \aea*n«. same' . in gaid board of commissioners, by death, resignation, or, Preamble. Whereas, there are many persons owning property to a 6therwise, the same shall be filled by the remaining mem- very considerable amount, which property by law is not bers of gai(j hoard. taxable; and whereas, the trustees of the poor school fund IRBY HUDSON* are compelled to admit, by the present law; the children of Speaker of the House bf Representatives, such persons to all the benefits and privileges of! said fund ; ;< y . , THOMAS STOCKS, . Therefore, » President of the Senate. Uie'poor °f ' Beit enacted hD the Senate and House of Representee- Assented to, December-19th, 1827. • , ' sciiooi fives, in General Assembly met, and it is hereby enacted by . < , JOHN. FORSYTH* Governor. Fund of ' Tatnall the authority of the same, That from and after the passage County to of this act. it shall be allowed to the trustees of the poor ,• , _ , _ ^ r i'Sffitof school fund in tbe county of Tatnall to judge of all children AN ACT to regulate the Poor* Schwl Fund in thel*0.1194 children who may be presented, whether they may be entitled to the Counties of Hancock and Burke. without re-benefits of said fund, without reference to the amount of . Be it enacted by the Senate and House of Representa- The infC- fheetnaxepaid tax which the parents of such children may pay. ' , tives of tU State of Georgia,'in General Assembly met, JTrSr by their pa- § 2. Be it further enacted, That it shall be. the duty of and it is hereby enacted by the authority of the same, That °°crkk®ndl SaV'Trus- the trustees of the poor school fund in the county of Tatnall,, on the first Monday in January of. each year after the pas- nuaiiyto , Sua afi" t0 appoint a teacher in each captain's district in said county, sage of this act, or- so. sdon thereafter as may be Convenient, JSScSL Teacher in and to fill such vacancies as may occur by death, resignation, the Inferior .Court of said counties' shall appoint orte com- ™S81a°cner uunl du-P or otherwise. ' " > ' missioner of the poor school fund in each district in said district/ Repealing § 3. And be it further enacted, That all laws and parts counties, from each of whom the said court shall take bpnd ™y°bh0a^ •lause. of laws militating against the same be, and they are hereby with good and sufficient security for the faithful discharge of andsecu repealed. • ' / . ' i their "duty as commissioners aforesaid; -and the said court whose"' . . IRBY HUDSON, -shall immediately bn receiving such bond, place in the, hands handsffey Speaker of the House of Represehtatives; 0,f said district commissioners the amount of popr, school thefundT THOMAS'STOCKS, funds to which said counties-may be entitled for the year, in President bf the Senate. - such proportions as in the opinion of said court may best pro- Assented to, December 18 th; 1827. . ' , ' . mote the education of the poor-of said counties. . * 1 : - , JQHN FORSYTH, Governor, §2. And be it further enacted by the authority aforesaid, , . J ' i • '• That it shall be the duty of said district commissioners to renders, ; . render ah account of their actings and doings to the justices ®J£°™1 [no.118.] AN ACT to repeal an Jlct, entitled Jin Jlct to add that part of said court, once, in four months; and it shall be the duty of/our of the funds heretofore set apart for Ihe'support of Coun- said justices to lay before tbe'Senatus AcademicuS, annually, niontha' ■ ty Academies to thePoor School,Funds,so far as respects .a full ahd fair statement of their proceedings under and by the County of Rabun? passed the27th ^December, 1826, virtue of,this "act.' ' and to appoint commissioners for the purpose, of applying § 3. And be it further enacted by the authority aforesaid, TbeToor the Poor School and Academy Funds of said County. That all, the* poor ^school ^ fund, ^to which thd said counties FumUo Said Act Be repealed and it is hereby enacted by the authority of the same, .That j^y for the payment thereof, the- above-recited act be, and the same is hereby re- ^ 4., And be it further enacted by the authority aforesaid, Repe^im? Pe^'® . ,, . . _ ■ ' . ■ That all laws and parts of ,lawsA militating against this actclause' m § 2- And be further enacted by the authority of the same, be afid the same are hereby repealed. Academy That the free school and academy funds for said copnty be, ' IRBY HUDSON, Sun°f *?d f*Te is nereb^ V TSted in ^e"hands of LualJen Gi!r •' > ■ Speaker of the House of -Representatives. - - County hiand, lilman Powell, James Dillard, Samuel Beck, and ' . - ' THOMAS STOCKS! certain'" Edwurd Coffy, who shall form, and constitute a board of - . - ' " President of th'e Senate. SSta" 5omJin;ss'°lners' for the purpose of applying the aforesaid. Assented to, December 24th, 1827.' " ! named. funds to the uses and objects contemplated by the acts, of ' JOHN FORSYTH Governor*- the General Assembly, in relation to'the support' of free , -- " . , schools and county academies, the said commissioners apT • • : plying said funds respectively to each bf the aforesaid insti- '-^-n ACT to amend an. Act to incorporate the Franklin [no.120.1 tutions, according to their respective amounts appropriated Academy, in Upson County. by law to each, as they in their-discretion shall defem most' Whereas the act' passed at the last session of tlie .Legis- Preamble, conducive to the interest of said -free school and county lature to incorporate the Franklin Atademy in Upson academy. - County, has the name of Andrew Hunt named as bne of the r.rso:v* § 3. And beit further enacted, That'the person or. per- trustees of said academy ; and whereas it was intended to ffiffiS. sons in whom any of the funds of said free school or acade- appoint Anderson Hunt a trustee of said academy, and not my may n°W be' Qr int° 'Those hands the,same may at any Andrew Hunt; time heretofore have passed, be bound to pay over the same Be it therefore enacted by the Senate and House of Re- The name un"'iono™ to.lb© before* mentioned commissioners ; and the said com- presentatives. of the State of Georgia, in General Assembly ^Hunt . inrorpora- ni'ssioners are hereby created a body politic, and capable met, and it is hereby enacted by the authority of the .same, Tiluir cor- *aw losue an»^ be sued, plead and be impleaded, have a That'Anderson Hunt be and he is hereby appointed a trus- poraie common seal, and possess all the powers of a body corpo- tee of the Franklin Academy in Upson County, and all acts .jower rat6} an(j especially, authorized to sue for and recover any of done by him heretofore as1 a trustee of said academy be,, and ACADEMES.-—1827. 45 the same are hereby declared valid and legal to all intents and purposes ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1827. JOHN FORSYTH, Governor. [no.121.] AN ACT to sell and dispose of Lots No. Ten and One Hundred in the several districts, in the Counties of Appling, Irwin, and Ware, reserved by the Lottery Act, passed the 15th day of December, eighteen hun- dred and eighteen, for the education of poor children. of a ^e ^ enacted ty the Senate and House of Representa- piing° P tires of the State of Georgia, in General Assembly met, Ware and an^ ^ *s hereby enacted by the authority of the same. That Counties to the sheriffs of the counties of Appling, Irwin, and \Vare be, andseiuots ar]d they are hereby authorized and required to advertise in taeseve" aK(^ exPose to salei lots number Ten and One Hundred in rai districts the several districts in said counties,- in the' manner and pn- Counties. 4er the restrictions that are prescribed by an act entitled An Act to sell and dispose of the fractional parts of surveys of land which remain unsold in the counties of Walton, &c. over'the § And be it further enacted, That the sheriffs aforesaid proceeds of shall pay over and deposite with the treasurer of said State, Treasurer,6 *he proceeds of the sale of said lots, to be by him annexed, the Pooft0 aT1<^ become a Part poor'school fund. schoo°i°r §3. And be.it further enacted, That all laws and parts of Repealing *aws militating against this act be, and the same are hereby clause. repealed. IRBY HUDSON, Speaker of the House of Representatives. • THOMAS STOCKS, ' President of the Senate, ti Assented to, December 22d, 1827. JOHN FORSYTH, Governor. f [no.122.] AN ACT to amend an diet entitled Jin diet to incorpo- , rate Philomathia dlcademy, and to1appoint other 'Com- missioners therein named. ■ Trustees of Be it enacted by the Senate and House of Representatives County of the State of Georgia, in General Assembly met, and it is appointed hereby enacted by the authority of the same, That Wiley Thompson, John A. Heard, Jeptha Y. Harris, Thomas Jones, and Richard Fortson be, and they are hereby ap- pointed trustees of Elbert County Academy; . Vacancies. § 2. And be it further enacted, That fr'om and after the passing of this act, whenever any vacancy may happen in said board of trustees, it shall and may be lawful for. the re- maining trustees, together with their secretary, or a major- ity of them, immediately to proceed to fill such vacancy. • miljsec- § 3. And be it further enacted, That so "much of the fifth said act re section of the before-recited act as militates against this act peaied. and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . President of the Senate. Assented to, 19th December, 1827. JOHN FORSYTH, Governor. [no.123.] AN ACT to authorize the Commissioners of the Wash- ington County Academy, to raise by Lottery the sum of ten thousand Dollars for the promotion of said dlcademy. Commis- Be it enacted by the Senate and House of Repres.enta- wChi.,?- tlves °f tfie State °f Georgia, in General Assembly met, to,. Conniy and it is hereby enacted by the authority of the same, That £uihnri^d the commissioners of the Washington County Academy, that is to say, Frederick Cullens, Silas Floid, Yelay S. Townsly ^ to raise by Franklin Rutherford, Wiley W. Cullens, John McCray, $io®wlo. Morgan Brown, Phillip T. Schley, and Isham H. Saffold, and their successors in office, or a majority of them, be, and they are hereby authorized to raise by lottery the sum often thousand dollars for the benefit of said academy. § 2. And be it further enacted by the authority aforesaid, Said Com- That the aforesaid commissioners, or a majority of them, and ^3!- their successors in office, or a majority of them, are hereby tend and appointed commissioners to superintend and conduct said said lot- lottery ; and the said commissioners, or a majority of them,tery- are hereby authorized to divide said lottery into as many sepa- rate schemes or drawings as in their judgment shall best pro- mote the interest of said academy ; and all sums of money Money which shall or may be raised under or by virtue of this act ^ereedIOIn by said commissioners, after defraying the expenses of said bow ap- lottery, shall be by said commissioners applied to and for the pll£d' use of said academy, any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1827. JOHN FORSYTH, Governor. AN ACT to incorporate dlmsden dlcademy, on Williams [no.124.1 Creek, in the County of Warren, and to appoint Trustees for the same. Be it endcted by the Senate arid House of Representatives of of the State of Georgia, in General Assembly met, and it is Academy, hereby enacted by the authority of the same, That Solo- c0,^y"en irion Lockett, Thomas Persons, Joseph Hill, Henry Heath, Jethro Darden, Reuben Rogers, and Edwin Baker, be, and porated. they are hereby declared to be, a body corporate, by the name Theirgty]e and style of " the Trustees of the Arnsden Academy in War- May use & ren County with the privilege of using a common seal. gp^mon § 2. And be it further enacted, That the aforesaid trus- May appro. . ii- J . •• r 11 pnate the tees and their successors in office, or a majority of tnem, are funds, &c. hereby authorized and empowered to appropriate, in a man- her they may think best calculated to promote the interest of the aforesaid institution, and to erect a suitable edifice for tble promotion of literature, all moneys and specialties be- longing, or in anywise appertaining to said institution. § 3. And be it further, enacted, That the _ aforesaid trus-M«F™ke tees, and their successors in office, or a majority of them, are y aws" hereby authorized and empowered to make such by-laws and regulations as they, or a ma/orhy of them, may deem neces- sary for the government ot said academy ; Provided, such Proviso. by-laws and regulations be nbt repugnant to the consti- tution and laws of this .State : and that they be intrusted Hold pro- with all manner of property, both real and personal, all do- perty' nations, gifts, grants, privileges, and immunities, by virtue of this act, or which (may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the use aforesaid. § 4. And be ii further enacted, That the trustees aforesaid, To sup and and their successors in office, shall be capable of suing and besutdl being sued, plead and being impleaded, and of using all necessary and lawful means for securing and defending the property or demands in right of said institution. " § 5. And be it further enacted, That should any vacancy Vacancy. happen, by death, resignation, or otherwise, in the board of trustees, the remaining trustees, or a majority of them, shall fill such vacancy as they in their wisdom may think proper. § 6. And be it further enacted, That the aforesaid trus- May elect a tees are vested with the privilege of electing a treasurer, who T[fasurer, i n • i i • , , . , • i , , „ who shall shall give bond with approved security to the said board of give bond trustees for the time being, and their successors in office, in uty.*6™ whatever sum, they may deem advisable for the faithful dis- charge of the duties reposed in him. § 7. And be it further enacted, That nothing in this act 46 ACADEMIES.—1827. said Aca-^ shall be so construed, as to dissolve the affinitive relation be- nabie to The tween said institution and the Senatus Academicus of this Senatus eua. entitled to participate in all the advantages now by law de- rived from the same. , itepeaiing § 8. And be it further enacted, That all laws militating clause" against the provisions of this act be, and they are hereby re- IRBY HUDSON, . Speaker of the House of Representatives. THOMAS STOCKS, President of the Seriate. Assented to, December 18th, 1827. JOHN FORSYTH, Governor. May sua and be *ers. May hold property, Make by- laws. Proviso. Vacancies. [no.125.] AN ACT to incorporate the Lafayette Hall Academy, , in the County of Greene. Trustees °f Be fa enacted by the Senate and House of Representa- Fayette tires pf the State of Georgia, in General Assembly met, ?emyA in an^ it is hereby enacted by the authority of the same, That' Greene Thomas Winston, Lodowick Alfred,- John Park, Julius C. nominated Alfred, and William T. Walker, are appointed, and they .and and incor their successors in office shall be, and they are hereby de,- clared to be, a body corporate, by the name and style of <' the Trustees of the Lafayette HalL Academy, in the Countyj. of Greeneand as such body,politic,,shall be capable on suing and being sued, and of doing other acts which may| be necessary to the execution of the trust confided in them, Us* a com- and for that purpose they may have'and use a common seal, ™dnape-aI' appoint such officers as they may think proper, and remoVe point ofi- them for misconduct or neglect of duty., ( § 2. And be it further enacted by the authority aforesaid, That the trustees shall b,e capable of receiving and holdirig all manner of property, both real and personal, and all be- quests, gifts and donations, privileges and immunities what soever, w{rich may belong jto said institution, 'br which may hereafter Yq made or transferred to them br their sucpes- sors in office; are hereby authorized to iriake such by-laws and regulations aS 'they;may deem expedient: Provided, such by-laws anAregulations be not repugnant to the con- , stitution and laws bf this State, vor of the United States. » § 3. And be it fuHJier enacted by the authority aforesaid, That should any vacancy happen by death, resignation, or , otherwise, of the trustee^ of the Layfayette Hall, Academy hereby, established, it'shalV^be the duty bf trie remaining Proviso, trustees to fill such vacanbv : Provided, the remaining' ; trustees consist of a majority\f the ,whole.board ; and in case there should not be a majority as aforesaid, such vacancy .or vacancies shall be filled by thfe Inferior Court .'of said county. .. ■ ' ' . - Said insti- § 4. And be it further enacted, That nothing in this act nabietoThe s^la^ he so construed as to dissolve the affinitive relations Senatus between said institution and the Senatus Academicus of this State ; but the same shall be construed as amenable to, and entitled to participate in all the advantages ndw by law de- rived from the same. , IRBY HUDSON, : Speaker of the House of Representatives. • ' , , ■ THOMAS STOCKS, . ' President of the Senate* Assented to, December. 21 ?t, 1827. JOHN FORSYTH; Governor. [no.126.] AN ACT to lay off the Coujity of Jackson into School Districts, and to vest the Free School and Academy Funds in certain Commissioners to be appointed for said Districts, and to incorporate the same. ThefCoun- Be it enacted by the Senate and House of Representatives iondivfded of the State of Georgia, in General Assembly met, and s^hooinTs- hereby enacted by the authority of the same, That Academi- cus. from arid after the passage of this act, the county of Jack- son shall be divided into eleven schpol districts, and the said districts shall have the same limits of, arid be distinguished by, the present' captains' districts in said county. § 2. And be it further enacted,, That each district afore- Five Com. said shall have five' commissioners appointed in the follow- apjjSd* ing,order:—in Captain Gathright's district, Joseph Davis, each Thomas Neblack, arid Augustus J. Brown, shall act in eon- utnc1, 1 cert with those already appointed in said district; and when their pumber shall be reduced under five, that number Shall be supplied in such manner as shall be hereinafter named; in Captain Storey's, Joseph T. Cunningham, Ilenry John- son, Jamps' Price, Thomas Brooks, and Samuel Knox : in Captain Bowen's district, James Sisson, John Carmical, Simeon Culpeper, Francis Baity, and Alexander Batch'elor: in Captain Burns's district, Shadrick Hogari; James Hamp-' ton, John Wilson, Ambrose YarborougK, and William Jegg: in Captain Rogers's district, John Borders', Claiborn Smith, Thomas C. Barron, Jesse Harris, and John Stovall :. ifi Captain Staples's district, John; G. Pittman,' J^mes -Smith,' Thomas Johnson;. John W, Glenn, and Russel Jones : in Captain Morris's district, John Williamson, William Potts, Robert B. Hampton, James Montgomery^ and William Orr : in Captain Parr's district, William Parks, Baler Mopn, Levi Lowry, J^imes R.' McChskey, and Asa' Yarnum : in Captaip George's district, John Leary,. Joseph Landrum, Richard Penticost,'Green Ste^d, .and'Elijah Lay : in Capt, • Camp's district', Beriman Camp, Peter McMullen, Robert itirkham, Dilmus Lilo, and Jonathan' Betts: in Captain Venable's district, Trumap Kellog, Robert Veriable,i John . . Randolph, Charles Price, and Jacob Brasetton, jr. And if either of said trustees should refuse to accept his appoint- Vacantia ment, br resign after having accepted'the same, his vacancy shall he-filled by a majority of the remaining trustees of the district, to which he belonged. § 3. Atidbe it further enacted, .That said trustees shall in said Tro- their respective districts organize arid establish fine or nr\ore schools, as a majority of them' in their discretion think proper Schoolsii for the education of poor children ; and" said trustees from d* all the districts, br a majority of them, shall meet at the Court To meeu House in the county aforesaid annually, op the second Mon- House an- day in January, for the'purpose of electing a treasurer, whose-duty it shall be to give bond and security in such Treasurer, sum as said, trustees may think necessary for the ,faithful ^IvebonS performance of such duties as may be prescribed by said and seen- trustees ; and said trustees shall have powef to regulate and Prescribe prescribe* the manner in which the funds in his hands shall be kept and paid out; and said trustees, at the meeting afore- said in each year, after having elected their treasurer as paid oul aforesaid,' shall cause a full return to be made to the Senatus Academicus', including a fair statemerit of the receipts and Senaiue expenditures - of the funds in each distript, as. well for the academies in said county, the nrimber of scholars, designat- ing their ages and sexes, educated in each district, as also at the academies in said county, .the state and condition of the academies, thle number of scholars both male- and female, and such other information as they may think proper., § 4. And be it further enacted, That the academy .and The An- poor school funds, to which said cotinty is now or may^ryand hereafter be entitled, shall be equally divided between the School^ trustees of each district as aforesaid; arid the poor, school equally di- funds shall be exclusively applied to the education of poor vided . , . • ti* • « . , i i w i among the children m the several districts aforesaid ; and the academy Tru?tp». funds shall be applied to such incorporated academies, male p^,8'1' and female, in said county, providing for teachers or houses for the same, as a majority of all the trustees of the several districts may think proper. § 6. And be it further enacted, That the person or per- Pemmi sons • in whose hands any of the academy or poor school funds belonging, to said county may now be, or may here- neystnpij aftef come into their possession, shall be bound to deliver Truitett. ACADEMIES.—1827. 47 Trustees of the Locust and' pay over the same to the trustees, in pursuance of this and immediately after the passage of this act, the academy Mode of re- act 5 and in case such person or persons shall refuse or fail in the county aforesaid shall be known and styled by the 6^" the*saufe. to do the same, said treasurer shall have .right to sue said name of " Locust Grove Academy and that Ignatius Academy, person in his own name, for the use of said trustees, for such Semmes, William R. Luckett, William Darden, Gustus county'"" withheld funds; and said action shall proceed without any Luckett, and Silvester Luckett, and their successors in ^3" "*£!- other requisite than a certificate of his election from a ma- office, be, and they are hereby declared to be, a body politic porated., jority of said trustees. • and corporate, by the name and style of " the Trustees of Treasurer § 6. And be it further enadted, That the treasurer afore- the Locust (jfrove Academy and as such shall be capable fair book of sa"* keeP a ta*r recort' 'a^ ^is Proceedings and liable in law to sue and be sued, plead and be impleaded, proceed- ° of the academy and poor school funds, subject to the in- and shall be authorized to make such by-laws and regula- sued. Ulgs' spection of the trustees aforesaid, or any one of them, when- tions as may be necessary for the government of said Aca- ^kse by" ever called on. . • demy ; Provided, such by-laws are not repugnant to the Proviso. IRBY HUDSON, constitution and laws of this State : and for that purpose Speaker of the Hoyse of Representatives, may have and use a common seal, appoint such officers as Use a com THOMAS STOCKS, they may think proper, and remove the same from office Appoint'* President of the Senate, for improper conduct or neglect of duty. officers. Assented to, December 19th, 1827. § 2. And be it further enacted by the authority aforesaid, May ho,(l JOHN FORSYTH, Governor. That the said trustees shall be capable of accepting and &c.perty' being invested with all manner of property, real and personal, [no.127.] an act to appoint Trustees for the Poor School Fund all donations, gifts, grants, privileges, and immunities what- in the County of Irwin, soever, which may belong to said institution, or which may Persons .p- Be it enacted by the Senate and Hrnse of Representatives hereafter be conveyed oT transferred to them or their sue- E.S. of the State of Georgia, in General Assembly met, and it ceasora la office, to have and to hold the same for the proper *°?r , is hereby enacted by the authority of the same, That Isaac usai benefit, and behoof of said academy. Ac*„™d Stephens, Jacob Young, William Bradford, Daniel Mac- p- And be it further enacted by the authority aforesaid, Duffie, and Nathaniel Gronls, be appointed trustees of the That when apy vacancy may happen by death, resignation, County, poor school fund for the countv aforesaid, with full power or otherwise, of any of the trustees of said academy, the to receive of the commissioners or trustees of the academy survivors, or a majority of said trustees, shall fill the same, in of the county aforesaid, and from the treasury of the Slate, fuch as he pointed out m the by-laws and regu- money now belonging to, or hereafter to belong to, the poor htions of the trustees aforesaid: ProvM, that nothing m Pnwto. • school and academical funds of said countyand that the !h,s contained shall operate to destroy, or in anywise Said per- said Isaac Stephens, Jacob Young, William Bradford, mpair, the superintendence and control given by law to the Daniel MacDuffie, and Nathaniel Gronts, and their succes- Senatus Academicus of the State over public schools, insti- sors in office, are hereby declared to be a body corporate, luted °r supported by public moneys, or fuMs of the same. May hold under the name and style aforesaid, to hold property and . , „ . TT . ^ , '• property, choses inaction of all kind. "Speaker of the Home of Representat.ves. Shan ap- § 2. And be it further enacted, That, the trustees afore- t? j 7* c ' ♦ Treasurer, said shall appoint a treasurer, who shall not be one of the 0o>r & Cna G' who shaii trustees aforesaid, and who shall give bond to the trustees Assented to, December 19th, 1827. andsecu- aforesaid, and their successors in office, in -a sufficient sum JOHN FORSYT , overnor. llly- to secure the amount to be placed in his hands for the faith- . — T . 7 7 7 x a * * n r«n mi i . ful performance of the trust reposed in him. AN ACT t0 dmend the second section of an Act to alter [«o.isi.j The poor § 3, And be it further enacted, That the children entitled an<^ amend an Act passed the twenty-third day oj De- „nSiednto to the' benefit of the poor school fund of this State, by an act cember, eighteen hundred and twenty-two, to distribute fits hereof to a^ter and amend an act passed the twenty-third day of the Bank Dividends and other nett proceeds of the December, eighteen hundred and twenty-two, to distribute Poor School Fund among the different Counties in the bank dividend and other nett proceeds of the poor school this State, so far as respects the County of Jones. fund among the different counties in this State, shall receive Be >t enacted iy the Senate and House of Representa- Trustees .f the benefits of this fund according to the manner, pointed tkes Qxthe state of Georgia, in General Assembly mct,f*ff?x out in said act, so far as it does not militate against this act. and k •s hereby enacted by the authority of the same, That Fund of Vacanc.es. § 4. And be it further enacted, That when any vacancy from and immediately after the passing of this act, that the KTty shall occur by death, resignation, or removal without the foliowing named persons, to wit, John R. Moore, Peter "PP^ed, county, of any of the trustees of said poor school fund, the Nortbern, Anderson Rice, William S. Middlebrooks, and Proviso, same shall be filled by the remaining trustees : Provided, peter CIoweri esquires, or a majority of them, shall consti- that a majority of the vofos of all the trustees for the time tufe and foVm the board 0f trustees of the poor school being shall be necessary to constitute a choice : any law to fund {or the county Df jones . wbich perS0ns shall 'give to who shall the contrary notwithstanding. his exceiiency the Governor bond and security in the penal b°cud IRBY HUDSON, gum oP gjx buPdred dollars each; and also take and sub- 10 the Speaker of the House of Representatives. gcribej bfefore any one of the justices of the Inferior Court, Kite® THOMAS STOCKS, tbe following- oath :—I, A. B., do solemnly swear, that I oatb- • President of the Senate. t0 tbe best 0f my abi]Jty, distribute whatever moneys Assented to, December 19th, 1827. may come into my hands, in such manner as, in my opinion, JOHN FORSYTH, Governor. wju most conduce to the education of the poor children in . T T • .my county; and make a true return thereof, agreeably to [no. 130.] an act to incorporate the Locust Grove Academy, in the provisions of this act,—so help me God. Which oath Warren County, and to appoint Trustees for the sbau be signed by the party, and entered on the minutes of same. the Inferior Court. "Be it enacted by the Senate and House of Representatives § 2. And be it further enacted, That the trustees as afore- Theu cob- of the State of Georgia, in General Assembly met, and it said shall hold their offices during good behaviour, and a ,a is hereby enacted by the authority of the same, That from majority of them shall be competent to the transaction of 48 ACADEMIES—1827. Yaeantie#. business: and should vacancies happen in said board by. and their successors in office, be, and they are hereby au- ■ resignation, death, or refusal to do their duty as trustees, a thorized to raise by lottery a sum riot exceeding five thou- majority of the board shall have power to remove, and ap- sand dollars, for the, benefit of said academy. ' oumy- point others in their place. ■ § 2. And be it further enacted, That Robert Ilardepnan, said Trus- §3. And be it further enacted, That the trustees ap- Samuel Lowther, John Ilervey, John Spier, James Billingjslea, pom^dl thwized to pointed by the first section of this act, and their successors, and James George, esquires, or a majority of them, be, and funds to' wben sworn, shall, and they are hereby authorized to draw they are hereby appointed commissioners, to superintend j^uttiJi whicVtheir on his excellency the Governor, for the time heing, for the- and conduct said lottery ; arid the said commissioners are ottSf3r* «ntit"ed.is amount of money which their county may be entitled to, hereby authorized and empowered to divide said lottery into# in conformity to the provisions of the first section of the as.many separate schemes or drawings, as in their judgment act of which this is amendatory; and his excellency, the shall'best suit the interests of said academy : 'and any sum Proceed^ Governor shall be, and he is hereby authorized and required or sums of rrioriey which may be. raised by said oommis- TnKl* to draw his warrant on the treasury for any sum which may sioners, under and by virtue of this act, after deducting .the jj* Aafe i be now due and undrawn, or which ,may hereafter become necessary expenses of said lottery, shall be by them ,paid ,due to said county. over* to the trustees of said academy for the use and benefit To appor- § 4. And be it further enacted, That the trustees as thereof. . ' - ' ' afstrfbute afdresaid shall have the power of selecting the objects of . IRBY HUDSON, •aid funds. thjs Jaw in their county, and to apportion, and distribute the ' - Speaker of the Ifouse of Representatives.' funds as in their judgment will be most effectual in carrying ' " . • THOMAS STOCKS, ( the objects of this law into effect; and in order to do so, ' < -'j : • President of the Senate. Shan ap- shall appoint in each captain's district a sub-trustee, whose Assented to, December 22d, 1827V - - , , trusteein^ duty it shall be to report without delay-, to the trustees,'the ' JOHN FORSYTH, Governor. taTn's^r number> names, and situation of the poor children in the . ' , , ——— • . - tiict. district; and under the direction of th'e board, contract for AN ACT to 'incorporate Cicero Academy,' in Mohroe [no.I33.] His duty. &n(j SUperjntend the education of such children as the board ' County. p,omo. Shall agree to educate j Provided, that, the person wl)ose . M u tU s^e and ' Home of Represent- tmm, „ . a.?P e^ ;°°rmay ,e/e.rt y, lre.8^ " ee'/^ «»" »/State of Georgia, in General Ameibly met, Si,, SWS tl,Arlg " 0f ap(,eal 10 ,he boal: u T : K a I ani hereby enacted bit,he authority of. the mme, That °f ''"f^s, or a majorrty of .the#., are hereby requrred to f r imm£diatel„' af&r the passage of this act, the SSe SV..r, V.SU the school or schools when such poor ch.ldre„; are or ,acadlfmy in, Monroe c'ounty, now known.by the natoe of the sub-uire Tln V* ?' Crrs\°f mT"UTn' K ?Ce1 7T'' Cicero Academy; shall be knpwn and called, by that p'ame ; ?"*'? ,7T f1ab--,rustee, 0f any sch°° '° P°r,- r »<" that Alfred B. Reed, John Pitman, John Driver, AshI 3£ t0 ZU\ ™ ften as ^ey may deem requisrie, the condition of b Cawles, and Robert Middlebrooks, and their succes- ' , '^^'chU^ 'he F<>g'eSS °f """" a"1-^ office, be, aqd thqy are hereby declared to be a^ody r„fTrinP" 'f !he g h ?Uf Tr T P.y :for liable in law to sue-and'bb sired; plead rind be impleaded, K* " "T a ffiV. nCe/d A t , TP0Se re®,ste"ng »»<• be authorized to make such by-laws, andregula- naius Aca-all their proceedings; and shall make an annual return c 1 Jaw* thereof to the. Sehatus Academicus, by the senator elect "0n,S *S may B,eces™Y f" tbe government of sard ' from their countv ' academy; Provided, such by-laws are not repugnant to the Proviso. B.ad..r § 6. -And be U further enacted, That his excelleMy the o°hstitution or laws of this State: and for that purpose may STTto Governor be; and he is hereby required to transmit to.the baye and "s.e * common s.ea1' and appomt sufch pffiaers «? justices of the Inferior Court, in each county in this State, ^1™%think proper, and remove thb same from office. S* a dedimus to be sworn and subscribed to before them,land ,{\ *f. " enacted, That the sa.d trustees M • also blank bonds, which dedimus and bohds,' when executed shs" pe ^P4"6 accaPtmg and being invested with all V agreeably to the requisitions, of this act, shall be deposited ma"ner of PWf* "5^ Persona'1 f11 dp™Oons grfts, in the clerk's'office of the Superior Court; and in case a-P™legeb, and imnrUnrt.es whatsoever wii.ch may - breach or violation of the duty enjoined b, this act, by any belonS '° sard institution, or which may hereafter be . . trustee, may be sued by the Inferior Court of said county c°n'eyed tOT '^ferred to iIhem and their successors in and the amount recovered .thereon, shall, after defraying to have and to hold the same for the proper,benefit necessary expenses, go to and become a part df the poor a er"^; rp, , , ' ' school fund of said county " » § An and become trustees, in addition Trustees of tilose already in office, of the Lawrenceville Academy in the Law- the county of Gwinnett, to wit: Thomas W. Alexander, Academy John Mills, of Lawrenceville, Charles W. Rawson, William, appointed. Wardlaw, William Knox, Moses Liddle, Richard Say, and Shadrack Bogan. Vacancies § 2. And be it further enacted, That no .vacancies in said when tilled. j50ar(j jje £j|e(j untjj the present number of trustees shall be reduced under the number seven ; and then and in that case, the provision in the acts of incorporation of said academy shall operate to fill and supply all vacancies up to that number, and no more. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President'of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH,. Governor. Jno.135.] AN ACT to incorporate the Pleasant Grove Academy, in the County of Henry, and to appoint Trustees for the same. Trustees of Be it enacted by the Senate and House of Representa- sant Grove tives ofthe State of Georgia, in General Assembly met, and it hiCHemy' ™ hereby enacted by the authority of the same, That Garry ! County, Grice, Cornelius McCarty, William Griffin, John W. ' and"- Poyner, William Ellis, Woodson Hubbard, and Henry I. porated. Williams be, and they are hereby appointed trustees, they or their successors in office shall be, and are hereby declared Their style, to be, a body corporate, by the.name of u the Trustees of May use a Pleasant Grove Academy," with the privilege of using a tZm"a common seal. May appro- X 2. And be it further enacted, That the said trustees, and pnate the ,, • .J „ 1 . . „ , , . funds. their successors in office, or a majority ot them, are hereby i authorized and empowered to appropriate, in the manner s they may think best calculated to promote the interest of the aforesaid institution, and to erect suitable edifices for the promotion of literature, all moneys and specialties, or other Valuable effects yffiatsoqver, belonging to, Or in any- wise appertaining to the said institution, by- § 3, And be it further enacted, That the aforesaid trustees, and their successors in office, or' a majority of them, are hereby authorized to make such by-laws and regulations as may be necessary for the government of said academy; Proviso. Provided, such by-laws and regulations be not repugnant to Miy hold j the constitution and laws of this State : and the said trus- pioperty. sjjai] ke intrusted with all manner of property, both real and persona), all donations, grants, gifts^ privileges, and immunities whatsoever, which may belong to said institu-. tion by virtue of this act, or which may hereafter be made, conveyed, or transferred to them, or their successors in office, Proviso, to have and to hold the same : Provided, that nothing in this act contained shall operate to impair or destroy in tiny- wise the superintendence and control given by law to the Senatus Academicus of this State, over the public schools instituted or supported by public moneys or funds of the same. May nse § 4. And be it further enacted, That the trustees afore- "'caring said, and their successors in office, shall be, and tliey are C''1heird hereby declared to be, capable of using all other necessary property, and lawful means for securing and defending any property, debts, or demands whatsoever, which they may claim orde- mand in right of said institution. Vacancies. § 5. And be it further enacted, That should any vacancy happen, by death, resignation, removal, or otherwise, of any of the trustees of said academy hereby authorized and es- tablished, it shall be filled in such manner, as a,majority of the remaining trustees may point out in their regulations at their first meeting after the passing of this act, or at any meeting Pfoviso. thereafter : Provided, it shall be the duty of said trustees to cause the same to be filled. G § 6. And be it further enacted, That, the said trustees May electa shall have power to elect a treasurer, who shall give bond, whods"a^^, with approved security, to the said trustees for the time be- jf*d%be™d ing, and their successors in office, in the sum of two thousand riVy.becu dollars, for kthe faithful discharge of the trust reposed in him. § 7. And be it further enacted, That all laws and parts of Repealing laws militating against the true intent and meaning of this clause' act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1827. JOHN FORSYTH, Governor. AN ACT to incorporate the Washington Academy, in [no.136.] the County of Gwinnett, and to appoint Trustees for the same. Be it enacted by the Senate and House of Representa- Trustees of fives of the State of Georgia, in General Assembly met, and in|tonAca- it is hereby enacted by the authority ofthe same, That from and immediately after the passing"of this act, the academy county^ in Gwinnett county, now known and called by the name °f aJXtocur- " Washington Academy," shall be known and called by porated. that name ; and that Chades Gates, William Greene, David Burge, Samuel Meloney, Henry Dunn, and their successors in office, be, and they are hereby declared to be, a body po- litic and corporate, by the napae and style of " the Trustees of Washington Academy ami as such shall be capable To sue and and liable in law to sue and be sued, plead and be impleaded, be suud* and shall be authorized to make such by-laws and regula- ^geby tionS as may be necessary for the government of said aca- demy ; Provided, such by-laws be not repugnant to the proviso, constitution and laws of thi$ State : and for that purpose may have and use a common seal, appoint such officers as Use a com- they think proper, and remove the same from office for improper conduct or neglect of duty. offi~ § 2. And be it further enacted, That said trustees shall May hold be capable of accepting and being invested with all manner |££p"P 50 ACADEMIES.—1828. School Fund the said trustee shall, before he enters upon funds in his hands are not suffifcient to pay the whole abCobntS , £!d£d the duties °f his office, give bond with approved security, of the county of similar amount—then, and in that case, it security, to the Justices of the Inferior Court of his county, in the shall be the duty of the trustee to divide the funds in h|s ™fh'akean sum of one thousand dollars, for the faithful performance of hands equally among the poor children educated for that, his duty as trustee, and at the same time take and subscribe year. '• . • the following oath, before the Justices of the Inferior Court, § 5.. And be it enacted by the authority aforesaid% That^^c^ The oath', or a majority of them, to wit:—I, ■, do solemnly swear, his. excellency the Governor is hereby authorized to draw draw hit that I will faithfully perform and discharge the duties of a Warrant on the' treasurer in favour of the trustee of the trustee of the poor school fund, for the cOunty of ——as poor school fund, - for the distributive share of the popr the Trus- the law directs ; that I wity not, nor shall any person for me school fund, to which subh qourity is entitled ; if such trus-tee'-' or themselves, by or with my consent or knowledge, use any tee applies for the same in person, or draws an order upon money or sums of money corning into my hands as trustee the Governor for the same ,: vProvided, that the Justices of Proviw. aforesaid, for my own or their private use—so help me God. the1 Inferior Court, shall certify that such trustefe is duly oath to be —Which oath shall be entered upon the minutes of the' In- qualified to apply for the same, agreeably to the provisions minutes of ferior Court, and the trustee may retain .five per cent, -■as of this'act. * Court*™'™ commissions or compensation for his services .as trustee, §6. And be it further enacted,: tyc., That the trustees Trustees« Compensa-upon all sums disbursed by him. of the several academies^ahcl the trustees of thq,poor school gceho07r cleV' § 2. And be it further enacted, That if the clerk of fund in each county in this State, shall annually, on or before Fund and in case the the Court of Ordinary will not accept the appointment of the third -MOnday in bach October, transmit to the senator FuiVto' nofaccept trustee of the poor school'fund, the Justices of the Inferior elect [from] their county, tvvoabbounts each of their respect- aSiU pcdntment Court" shall immediately proceed to appoint gome fit and ivq receipts 'arid expenditures .of that year, together' with a thesenm™ Sieinferior discreet person in the county, trustee of the poor gcbo'ol list of the names, ages, arid sexes of the poor children acceVms appoint;0 fund> which trustee whep.appointedshall be, and is hereby and scholars respectively educated'in the county, and at some fit and V8sted with all the powers that the clerk Of the Court of Ordi- their" academy. One. copy each of said accounts respect- ceipts, &c. son? who™ nary could possess when acting as trustee of the, poor school' ively shall b,e deposited, by the senator in the Executive De- ^thf)is bond and ^un^' agreea-ble to the provisions of this act; and It shall be partment, and, one copy of, each shall be laid before the Se- ofibe swurity, the duty of the trustee appointed by the Inferior Court, to nafos .Acadertiicus. And if the'trustees of any academy or,of uie'cwi file oath. give bond [and} security, and take the oath prescribed by poor school.shall fail'to comply with the provisions of this in case of this act. And whenever the trustee of the poor school fund, act, such-trustees of academy, or trustees of poor school fund, to comply, furnish the whether the clerk or the person appointed by the Inferior shall" not be entitled to draw any dividend of their respec- ^dr™tW elect with a Court, shall neglect, or refuse to burnish the.. senator elqct tive academic or poor' school fund, until the, amount Pr^-^idf^ correct11 3 with a correct statement of the receipts and expenditures of viously received by said trustees or trustee shall be respect- -rent the P00r school fund, agreeable to the provisions of "this act* ively accounted for, either to his excellency "the Governor, funds, the such trustee shall forfeit, and not be entitled to. receive or or .the Senafos Academicus., , v.,. . forfeiting retain in his hands any commissions or compensation for his § 7V And be it further enacted, That the trustees of the Trustees, ftesandhis seryices, and the Justices of the Inferior Coiirt shaH'imme- several academies, or'Justices of the Inferior Court, or trus- m^Sfu. popa may - •„ . , .... • . . ^ . i •—u- i i and fair statement be'sued." diately order suit to be brought against siPch trustee on the tees of the popr. school fond, in the several countie? in _ ^ ^ * bond given by him. 1 * 'this State, who shall at any time hereafter make to his ex-onheifre Trustee §3. And be it further enacted, That it shall be the duty cellency,the Governor a full and fair statement of the re- pointed"to of the trustee appointed by this act, or that may be appointed ceipts and expenditures of their respective several academies SSSMve by the Inferior Court, to call upon all former trustees,'or - or poof school funds heretofore drawn by them for such theiqundl the funds other persons who .have heretofore received' or had charge of , county or academy ; also .showing in what- manner the • mo-/ me™Trus- the disbursement of "the poor school funds', in the/several nays received by them from the treasury have been applied and tees, &c. counties in this State, and requiry them to pay over all un- expended—and also showing what amount is due and owing ' expended balances remaining in his, her, or fheir hands ; by former trustees or. others who haye received or had charge On refusal and in 'case of neglect or refusal to pay the same within of their several, respective academic or poor school funds, tocom-hein twe°ty days after the same is demanded, the trustee shall in the several counties of this State, then, and in that case, mence suit immediately commence an action in the Superior Court, for his excellency (he Governorshail be, and is hereby authorized therefor. a|j gumg ajj0ve thirty dollars, against'such defaulters, for all to draw a. warrant on the treasurer in favour of {he different sums due and owing by him, hetyor'them, and for all sum? of academies,, respectively and severally, and" the trustees of thirty dollars and under, in a Justice's CourL ; popr schools, for all. arrears which their Counties or acad.e- Justices of §4And be it further enacted, That it shall be the duty mies may be entitled to, Kn, of the Justices of the Peace, in the different;captains'dis- § 8, And be it further enacted, That his excellency the Warrant fereutdis- tricts of each county; to produce and make out.a list of all .Governor shall not draw a warrant on the treasurer in favour vouro?® lnake'out a children in their respective districts, together with their of the trustees of any academies, unless it is on the personal childrenljn names> agcs, and sexes, whose extreme indigence entitle .application of one or more of the trustees?or a writtpn order pLowi their re- them to a participation in, the poor school fond,'and report for the same, signed by a majority, of the trustees of such^ of written3 dlstricls. them in writing fo the trustee of the county. Which list, academy. . .' * , "order. Said list to after"being examined and approved of by the trustee,shall be .. 9r. And be, it further enacted, That when there are where td rbyISthe registered by said trustee in a book, to be kept by him for two or more.incorporated academies in any one county, and {^re0®re. whoslfaii ^at PurPoaei a"d it shall be, the duty of such trustee, to cause the trustees of either academy fail to exhibit a Satisfactory more mm- cause the all such poor children to be sent to school, whenever a school account of .their respective several disbursements in. telrns sent'to" can be had sufficiently near, to their place of residence ; and of this act, the trustees^of tl^'e academy or academies in Teacher to w'ien" suc'1 or children are sent to school, the teacher the same county, which do thus account, shall be entitled tnmnkei* submiThis shall submit his accounts to said Justices of the Peace, who to draw the whole-dividend provided for said county or coun- approval!™ s^a^ approve or reject the same, and if such account be ap- lies, for every year in which there may be a failure as afore- counting . proved, the teacher shall place the same in the hands of the said. , , . " thewhofe trustee for revision'.and correction, on or before the second .. § 10., And be it further enacted* That the Justices , of Said ac- Monday in October in each and every year ; at which time the Inferior Courts throughout this' State shall, have power nor Couru paid^byuie sa^ t/usfoes sliall pay the account of the. teacher, 'unless the to order an appropriation of any part or portion of the surplus S^n> Truatee. , , , ACADEMIES.—1828. 51 the Acadc-county funds in aid of the provisions now or which may here- out by the by-laws and regulations of the trustees afore- surplusleir after be made, for the benefit of county academies, or the said. funds. education of poor children. IRBY HUDSON, Repealing §11. And be it further enacted, That all laws militating . Speaker of the House of Representatives. cla,use' • against this act be, and the same are hereby repealed. THOMAS STOCKS, % IRBY HUDSON, ' President of the Senate. * Speaker of the House of Representatives. Assented to, December 20th, 1828. THOMAS STOCKS, JOHN FORSYTH, Governor. President of the Senate. ———- Assented to, December 22d, 1828. AN ACT to add an additional number of Trustees to [no.140.] JOHN FORSYTH, Governor. Hall County Academy. J Be it enacted by the Senatq and House of Representa- Five^ addi- [no'.138.] AN ACT to authorize the Justices of the Inferior fives of the State of Georgia, in General Assembly met, Trustees of Court of Newton County, to convey to the Trustees of and it is hereby enacted by the authority of the same, That "aAca2£.n~ Newton Coufity Academy at Covington, apart of the Samuel Finley, Moren Moore, Robert Mitchell, George my aP- land heretofore purchased for pounty purposes, for Hawpe, and Samuel K. Oliver, be, and they are hereby polnte the purpose of erecting thereon an Academy edi- appointed trustees of Hall-County Academy, in addition to pce^ those heretofore appointed by law, and that a majority of d '. if ^ yy i* ~n • said trustees shall form a quorum for the transaction of The infe- Be it enacted by the Senate and Jtfouse oj Representatives business TxXn of the State of Georgia, in General AssenMy met, and it is 5 2. Md be it further enacted, That all laws, so far as fS^ZhYebJ'n"c¥b^thea"ihZl'y°fti^mme' lhattheJustlces they militate against this act, be, and the same are hereby convey to of. the Inferior Court of Newton County, or a majority of repeaie(j, tees^ofThe them, be, and they are hereby authorized and empowered, " IRBY HUDSON ' ifcZC °Ut. °f any,kpd herftofore Purchased for county purposes. Speaker of the House of Representatives, ton any lot and not otherwise disposed of, to convey .to the trustees of THOMAS STOCKS or lots, the Newton County Academy, at Covington, in fee-simple, ' -President of the Senate. «manto SUCh P°rtl°n thereof'as nia? be thtn)ght necessary for the Assented to, December 20th, 1828. i Academy purpose of erecting an academic edifice thereon, and such JOHN FORSYTH, Governor, edifice. other lot or lots of land as .the said Justices of the Inferior Court may think proper to cpnveytothe trustees aforesaid, AN ^CT t0 incorporate the County Academy in the [no.141.] bywayofdonationormherw.se. Town of Newnan, in the County of Coweta, and to 0 , c ,, „ c J? ' '. appoint Trustees for the same. Speaker of the House of Representatives. rr J ^ _ _ , THOMAS STOCKS Be it enacted by the Senate and House of Representa- Trusteesof k President of the Senate. ^ves °f ^e °f Georgia, in General Assembly met, nan Aca- I • Assented to, December 22d, 1828. " ' and U is hcrehJ enacted by the authority of the same, That fheem^tr JOHN FORSYTH, Governor. Zachariah Philips, Levi T. Wiiborn, ^Dickson, James of Coweta, , Hutchinson, James Thompson, jun., James M. Lyon, and antl inco(i. * 7 j 7 • nr William Henry, be, and they are hereby appointed, they and poraied. ; [n«.139.] AN ACT to incorporate Concord Academy, in Monroe their SUCCessors in office shall be, and are hereby declared, Coiinty, and to appoint Trustees for the same. a body corporate, by the name and under the title of " the Trusteesof JBe it enacted by the Senate and House of Representatives Trustees' of the Newnan Academy," in the county of May 'use a ' Academy, of the State of Georgia, in General Assembly met, and it Coweta, with the privilege of using a common seal. common ' Coumy"r0e 85 hereby enacted by the authority of the same, That from § 2. And be it further enacted, That the said trustees ' nomina'ed and immediately after the passage of this act, John Mid- and their successors in office, or a majority of them, are funds,&c. 1 j^ateT01" dleton, Josiah Grimes, William Powell, James Mays, and hereby authorized and empowered to appropriate, in the John K. Simmons, and their successors in office, be, and manner they may think best calculated to promote the they arp hereby declared to be, a body politic and cor- interest of the aforesaid institution, and to erect suitable porate, by the name and style of " the Trustees of Concord edifices for the promotion of literature, all moneys and spe- 1 May sue Academy;" as such shall be capable and liable in law to sue c'ialties belonging, or in anywise appertaining, to the said ' s"ed.be and be sued, plead and be impleaded, and shall be authorized institution. iaws6by to make such by-laws and regulations as maybe necessary §3. And be it further enacted, That the aforesaid trustees Mrike t>y- : Proviso, for the said academy ; Provided, such by-laws be not re- and their successors in office, or a majority of them, are pugnant to the constitution and laws of this State : and for hereby authorized to make such by-laws and regulations as Use a com-that purpose may have and use a common seal, appoint may be necessary for the government of said academy: anTa^0'' such officers as they think proper, and remove the same from Provided,- that such by-laws and regulations be not repug- Proviso, point offi- 0fljce for improper conduct or neglect of duty. nantto the constitution and laws of this State. May hold § 2. And be it further enacted, That the said trustees be § 4. And be it further enacted, That the said trustees and property, cap.ffi]e of accepting and being invested with all mainner of their successors in office be intrusted with all manner of &c. property, real and personal, all donations, gifts, grants, pri- property, both real and personal, all donations, gifts, grants, vileges, and immunities whatsoever, which may belong to and immunities whatsoever, which may belong to said insti- said institution, or which may hereafter be conveyed or tution, by virtue of this act, or which may hereafter be made, transferred to them or .their successors in office, to have and conveyed, or transferred to them, their successors in office, to hold the same for the proper benefit and behoof of said to have and to hold the same. academy. §5. And be it further enacted, That the trustees afore-May sw Vueanciev. § 3. And be it further enacted, That when any vacancy said, and their successors in office, shall, and they are hereby may happen by death, resignation, or otherwise, of any of declared to be, capable of suing and being sued, pleading the trustees of Concord Academy, the survivors or remaining and being impleaded, and of using all necessary and lawful trustees shall fill the same in such manner as shall be pointed means for securing and defending any property, debts, de- G 2 53 ACADEMIES.—J828. mands whatsoever, which they may claim or demand in right Shilton White, James TJpshaw, Richard .Fortson* John A. the Eiberr of said institution ; and also of receiving the rents, issues, Heard, Thomas Jones, Wiley Thompson, J, V. Harris, ap A"j^Ily and profits of the same, or any part thereof. Nathaniel Knpckles be, and they are hereby appointed noiuinaud; vacancies. § 6. And be it further enacted by the authority aforesaid, trustees of the Elbert County Academy ; and as such shall That should any vacancy happen in said board of trustees, ( be able and Jiablp jnjaw to sue and be' sued, plead and be gued! by death, resignation, or removal of any of the trustees of impleaded, and shall be authorized to make such by-laws Make by- said academy, hereby authorized and established, such\a-. and regulations as may be necessary for the government ot cancy or vacancies shall be filled in such manner as a ma- said academy }>Provided, such,by-lawsare not repugnant to Proviso. * jority of the remaining trustees may .point out in their by- the constitution and laws of this.State : and for that purpose, laws and regulations, at their first meeting after the'passing may have.and use a corampn seal, appoint such- offers as u«acom- Proviso, of this act, or at any meeting thereafter; Provided, that they may think.proper, an'd remove-the same from office for, and ap.' the same shall not exceed twelve months. . improper conduct or neglect of duty. ^ r . cw".toffi" Mayap-, - § 7. And be it further enacted by the authority aforesaid, . §2. And be it-further enacted, That the said trustees May m Vdeath; resignation, or otherwise, of any of the SSST »f at State -of Georgia, in General Assembly met, 'rastees of ssid academy, the sdrnvors, or a majority of said nresent6 and U is herehJ enacted by the authority of the same, That'trustees-' s!ia11 fi]l the sam® in such manner .as shall be pointed Trusses Of Morton N. Burch, L. Goodwin, Nathaniel Blanch'ard, and qut:hy b>'rla^« and regulations of the said trustees. County Jesse J. Robinson, esqrs., together with ffie present trustees - J 6' ^nd he U further' enact?d> That all laws, and parts Rgw Academy Gf, the Fayette County Academy, and their .successors inof laws' militating against [his act be, and the same are herb- torafeefby office, be, and they are hereby authorized to raise by' lottery -ty ^pealed. •' , ' , T ' ' • S the a sum not exceeding ten thousand dollars, for the benefit of "« '' ' 1 ' w HUDSON, , , benefit of said academy. Speaker of the House of Representatives".. «ie Acade- be it. further enacted, That said commissioners ', t - .' THOMAS' ST6CKS, • , are hereby authorized.to divjde said lottery into as.many '- ' . ' ' President of-the Senate, separate schemes, or dravvHpgs, as in their'judgment shall A$sen^ed,to, December 20lh, 1828. • • » . r^oceeds best suit the interest of said academy ; and any sum or sums •• • JOHN • FORSYTH, Governor, thereby of money which may be raised by said commissioners " , " ' -—7— '• .• disposed of under and by virtue of this act, after deducting the necessary ACT to authorize the \Trustees of the Lawrenceville [no.144.] expenses of said lottery, shall be by therh paid into the hands Academy, in the. CoUnty of Gwinnett; to raise by, of the trustees of said academy, for the benefit thereof. . ^ Lottery the sum of five thousand Dollars, for the use - • e ■ r IRBY HUDSOIand bemfiof said-icademu. ^ . ■ ' Speaker of the-. House of Representatives, „ .. ' ■ , « ' , ' ' ^ V. . THOMAS" STOCKS Re it enacted by the Senate and House of Representa-$50oo»"- President of the Senate tiveS °fthe State @eorgia*> in General Assembly met, and Ki10 Assented lo, December 8th, 1828. enacted by tie authority of He. same, That the ' TOPlN Ff)T? >!VTTI f'nvornrir- trustees or the Lawrenceville Academy, in the county of nefit of tin ' , , V s i OR^Y 1H, Governor. ,Gwinnett; &nd their successors in office, be, and they are • • , ' , ' . ' r hereby authorized- to raise by lottery a sum not exceeding den,yiin [no.143.] an ACT* to Consolidate the several Jlcts incorporating five thousand dollars, for the benefit of said afcademy. -• SJ." the Elbert Counly Academy, and lo add an additional § 2. And be it further Enacted, That" YYilliam Maltbie, Comm's- number of Trustees io the same} '' ' William Richardson, Elisha Wynn, Azahel R. Smith, Be it enacted by the Senate and House of Representa- Thomas W. Alexandet,-and James Wardlaw, or aniajority fives-of the State of Georgia, in General Assembly'met, Gfth»m? be, and they are hereby appointed commissioners to cm,d..cui* and it is hereby enacted by the authority of the Aame, That SuPer'ntend andl conduct said lottery : and the said com-lottery" • , ' • ' ■ rarssioners are hereby authorized tq divide said lottery into , * Sep (No.so; a; pointing and incorporating Trustees., as~ many separate schemes, or drawings, as in their judg- ACADEMIES.—1828. 53 Money ment shall best suit the interest of said academy. Any and loSppr^ all sums of money which may be raised by said commis- priated. sioners under and by virtue of this act, after deducting the necessary expenses of said lottery, shall be by them paid over to the trustees of said academy, or a majority of them, for the use and benefit of said academy. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. [no. 145.] AN ACT to incorporate the Smithville Academy, in Early County, and to appoint two Trustees for the same, and to make valid the acts of the Commissioners of said Academy. uonaiadd'" ^ enacted hy the Senate and House of Representatives Trustees of of the State of Georgia, in General Assembly met, and it is Academy^ hereby enacted by the authority of the same, '1 hat from and in Early ' after the passage of this act, the academy now in operation appoimed. in the county of Early, called and known by the name of the Smithville Academy, phall be called and kfiown by that Said Trus- name ; and that Simon Grdene and Thomas B. Peterson, i»ratedCor together with John Dill, Richard Grimsfey, and James Busli, now in office, and their successors in office, be, and they are hereby declared to fie, a body politic and .corporate, Their style, by the name and style of " The Trustees of the'Smithville issuedand Academyand as such capable and liable in law to sue esue ' and be sued, plead and be impleaded; and spall be au- Make by- thorized to make such by-lawS and'regulations as may be sProviso. necessary for the government of said academy; Provided, i such by-laws are not repugnant to the constitution and laws ^mon seal"1' ^te : and for that purpose may have and use a andap- ' commpn seal, appoint such officers' as they may think pro- cerlf shall be capable of accepting and being invested with all 1 manner of property, real and personal, all donations, gifts, grants, privileges, and immunities whatsbever, which ffiaybe- long to said institution, or which may hereafter be con- veyed, appropriated,' of transferred to them or their sue- cessors in office; to have and to hold the same for the pro- per benefit and behoof'of said academy. Vacancies. § 3. And be it further enacted, That when any vacancy may happen, by death, resignation,'or otherwise, of any of the trustees of said academy, the survivors, op, a majority of said trustees, shall fill the same in such manner as shall be pointed out by the by-laws and regulations of the trustees aforesaid. Acts of the § 4. And b&it further enacted, That the dcts of the com- ''!done"sTe- missioners of. the said academy, up to the 26th December, gaiized. 1827, So far as relates to the employment of a teacher for the academy aforesaid, be, and the same is hereby legalized and made valid. isaid com- § 5. And be it further enacted!, That the commissioners liabieTo^an °f the Smithville Academy be, and they are hereby subject ayli"n of to, and liable to an action of the trustees of the Blakely the Trus- ± , •.-!.* r, i . tees of Academy, as was pointed out by an act passed the 26th Academy. December, 1827, as fully as if the Smithville Academy had- been incorporated previous to the passage of said act—any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to,. December 19th, 1828. •JOHN FORSYTH, Governor. AN ACT to establish and fix the name of the Academy [no. 146.] in the town of Columbus, in Muscogee County, and to incorporate the Trustees thereof. Re it enacted by the Senate and House of Representatives T||e Aea- of the State of Georgia, in General Assembly met, and it is Columbus hereby enacted by the authority of the same, That from and after the passage of this act, the academy in the town of Academy." Columbus, in Muscogee County, be called and known by the name of, and under the title of " The Muscogee Academy and that Ira Scott, William D. Lucas, Sidney Cook, Samuel ^reurg0CfSn0 B. Head, and Edwin L. Degrafenried be, and they are hereby minated appointed trustees ; and they and their successors in office ^3^'°'' shall be, and they are hereby declared to be, a body corpo- rate, by the name and under the title of " The Trustees of May use a the Muscogee Academy," with the privilege of using a com- seai'nipn mon seal. § 2. And be it further enacted, That the said trustees Authorized and their successors in office, or a majority of them, are ale the"1" hereby authorized and empowered to appropriate anyfunds- moneys and specialties belonging to, or appertaining to the said institution, in the manner they may think best calculated for the interest of the same ; and to erect suitable edifices for the promotion of literature. & 3. And be it further enacted, That the aforesaid May >ake ' '-rr ■ • by-laws. trustees, and their successors in office, or a majority 01 them, &c. are hereby authorized to'make such by-laws, from time to time, as may be necessary for the government of said acade- my: Provided always, that such by-laws are not repugnant Proviso, to the constitution and laws of this State : and that the said And hold trustees be intrusted with all property, both real and per- property- sonal, all donations, gifts, grants, privileges, and immu- nities whatsoever, which may belong to said institution, by virtue of this act, or which may hereafter be made, con- veyed, or transferred to them, or their successors in office, to have and to hold the same. § 4. Arid be it further enacted by the authority aforesaid, May^uo That the trustees aforesaid, and their successors in office, Sue(i. shall, and they are hereby declared to be capable of suing and being sued, pleading and being impleaded, and of usipg ah necessary and lawful means for securing and de- fending any property, debts, or demands whatsoever, to which they may be entitled in right of said institptiop ; and also for the reepveyy of the rents, issues, and profits of the same, or any part or parcel thereof. " § 5., And he it further enacted, That should any vacancy Vacancies happen, by death, resignation, or otherwise, pf any of the low e trustees of said academy, hereby authorized,and established, it shall be filled in such manner as a majority of the re- maming trustees may point'out in their regulations at their first meeting after the passage of this act; Provided, that Proviso, said meeting takes place within twelve months. § 6., And be it further enacted, That the said trustees May ap- shall Jiave power to select a treasurer, who shall give bond Treasurer, with approved security to the said board of trustees for the wboshaii * . • /y • 1 2lve dolld time being, and their successors m office, in the sum or ten and seen- thousand dollars, for the faithful dispbarge of the trust re-rity' posed in him. § 7. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are clause' hereby repealed. IRBY HUDSON, Speaker of the Hbuse of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 16th, 1828. JOHN FORSYTH, Governor. AN ACT to- incorporate and appoint Trustees for the [no. 147.] Washington Academy, in Talbot County; the Hamil- ton Academy,in Harris County; the Social Circle Academy, in Walton [County\; the Flint River r 54 ACADEMIES.—1828. , . ■ Academy, in Houston County} the Marion County hereby enacted by the authority of the same, That' the $r>ooo air- Academy; the Meriwether County Academy; and the trustees of the Madison County Academy, and their sue- .{^aTaV Byron Academy, of the County of Baker. cessors in office, or a majority of them, be, and they are £ Trustees of Be it enacted by the Senate and House of Representatives hereby authorized to raise by lottery the si/m of five thou-Madison teto™a: of the State of Georgia, in General Assembly met, and it i* salid dollars> for the benefit of said academy, under such re- SL deWi ^ hereby enacted by the authority of the same, That Jqhn P. Stations andsuch schemes as in their judgment shall be SS, Blackman, Samuel C. Leach, Thomas''G. Bugg, Henry best calculated ;to. promote the interest of said academy, appelated. MimS) \Vilfiam McMurry, H. R. Ward, William Goss, and' A™. a11 Suna9 °f,money which, shall be raised by virtue of Sum their successors in office, are hereby appointed trustees of *b*s act, shall (after defraying the expenses of said lottery) tobeapp^ of the fla- Washington Academy, in Talbot County; and that Allen be applied, by the trustees of said academy, or their sue- Academy Lavvhon, William C.Osborn, John J.' Shatter, George W. pessprs m office, to, and for the use of .said academy ; any in Harris Rogefs, Daniel Hightower, Thomas . Mahone, John J •• law .to the contrary notwithstanding. _ Cou""' Harper, H.J. Harwell, and Samuel A. Billing,: and their ^ HUDSON, successors in office, ate hereby appointed trustees of Hatful . ; , . . ; . Of tile So-ton Academy, in Harris County"; and that'Wilson Whatley, v 1, ^ ^ • * .SS! Joseph Peoples, VVildon Jones, James Phillips, and Elibha' . a." ' V ' ,f'the Sena,e' iii Walton Henderson, and their, successors in office, be, and they are " - ' beeetoberl t , ? ._ _ County, hereby appointed trustees of the Sbcial Circle Academy, inv ' JOHN , 1 H,Governor. i. oftheFiint Walton County; and that Jacob Dunn,■ Kennedy Dennard, .':T „ " f"' m, j . • m • fZT William N.L. Crocker, John Stapler, and WalterL) Camp- AN ACT* to. Acaiemym Tmg?sl»°.wj HouLu bell, and their successors irf office, are hereby appointed . / Oodnty;and to appoint Trustees for the same. ■ , County. trustees 0f the plint River Academy, in Houston County; Be "it enacted by the Seriate, and: House of Represenfa- Of the Ma- and that William B. Brooks, Joseph Q. Brooks, William tjtes of the State of Georgia, in General Assembly met, and Xemy, ti0Acad9-n Joiin Semore, add Wiley Williams, and their sue- & is hereby enacted by the authority of the same, That ibJjibp rny. °a 9 cessors in office, bey and are hereby appointed/trustees of the from and after the passage of this act, -there' shall be estai- nominated Of the Me- Marion. County Academy ■ rT hlVah^rl I,**.* ttai-na' Qtr.Be Vrv'TuMr^ ™ nwether YVelborn, John L. Jones, County ii- Academy. Perdue, and their successors appointed trustees of the Meriwether County. Academy'; spnr.; James'. Willis, arid "JoJin. E.'Dennard. and their 'suc^ And of the that Young Allen, Samuel Howard, Stafford Long, Thomas, cessofs in office, be/ and thpyf arb hereby declared to be, a dKuT' Brewner, Thomas'forter, Isaac Welch, and Robert. Hardije,'^ bo;dy-politic and .corporate, by the name-and 'style of-"'the $eBM«rty and tbeirsuccessors in office, be, and they are hereby appoint ''Trustees of-Jefferson Academy /' and'as such be' capable Maysue ed trustees for the Byron Academy, of the-Caunty of Baker, andUiable'in law to .sue and be shed, plead and be im- JjJJ" Said Trns- § 2. And be it further enacted by the authority aforesaid, pleaded^ and Shall be aUthprized to fanake such by-laws' and Makeby lpoerSated?°r" That the said trustees'and their successors in office be, and - regulations a^ may be necessary' for the government of said aws' they are hereby declared to be, a body politic and incorporate, academy,;. Provided, such by-laws are not repugnant, to the Pn>yi» Theirstyie. by the name and style of the\usfees of'the several ac,ade- constitution and lavvs of this State : and fpr , that purpose Use'acov May sue mies before mentioned ; and as spch shaH be capable and may have arid use a common shal, appoint such officers as «u«Le liable in law to sue and be sued, ple'ad and be impleaded/- they; .may/think propPr/and remove the same from office for'point oft Make by- and shall be authorized to make sdeh by-laws dnd regula- improper: conduct or neglect of duty. , - 1 ; iavvs- . tions as May be necessary for the government, of sajd, >§ Z.'Andbeit furthep enatted, That the-said trustees "May Md proviso. acadeMie;s; Provided, sUch .by-laws ire not repugnant to shall b,e Capable of accepting and being) vested with >11 Use a com- the tonatitution or laws'of this State,; abd for that purpose manner of property, real and personal, all, donations, gifts, alid'ap9'' * may have and use a common seal, arid "appoint such officers; grants,: privileges,;and^ immunities - whatsoever^* which' may" as rnay think proper, and remove the same.from ofjice. / belong to said institution,'or which-m,ay be hereafter con- May hold § 3. And be it farther etittcted, 'Phat. the said trustees of' veyed, appropriated, or;transfer'red tpjhem or their'.succesr nr'!y' the before-mentioned academies shall be capable of accept-' sors in office, t@'have and to bold the same for the proper ing and -being, invested with all; manner of property, reaf benefit) and" behoof of said academy; and^they1 shall be shall beet- and personal;' all donations, gifts/ grants, privileges, + . \ . —7~~Z, > '. to appoint Additional Trustees for the Academy of , . [»o.i48.] AN ACT to authorize the Trustees of the Madison Jefferson County, Ac., passed the twenty-second day County Academy to raise by Lottery the, sum ofjve 0f December, eighteen hundred and twenty-seven. ' thousand DolldYsffqf the benefit of said Academy. ,,,, ' . , r. , ■ #, .. ' , . o s i / >rt1 'sb / Whereas, it was believed at the time of the passage of Preamble. Be it enacted by the Senate and House oj Representatives • . of the State of Georgia, in General Assembly met, and it is * gee (jjo. 149) entit'eu t° a share of the Academy fund. ACADEMIES.—1828. 55 So much of said acl as adds tlie the above-recited act, that the poor school funds of the may happen by death, resignation, or otherwise, of any of county o^ Jefferson had so accumulated, that it could well the trustees of Hebron Academy, the survivors, or remaining spare the amount added by said act to the academy, without trustees, shall fill the same in such manner as shall be pointed the slightest injury to the operations of the poor school of out by the by-laws and regulations of the trustees aforesaid, that county ; but the fact being now ascertained to be other- IRBY HUDSON, wise, and the trustees of the academy having placed the sum Speaker of the House of Representatives, so added into the hands of the trustees of the poor school THOMAS STOCKS, of that county for poor school purposes ; . President of the Senate. Assented to, December 1.9th, 1328. Be it therefore enacted by the Senate and House of Repre- scntatives of thes State of Georgia, in General Assembly to urn ua° met' an(^ ^ *s ^ere^y enaeted by the authority of the same, demy Fund That so much of Ihe said recited act as adds the sum of and^id' f°ur hundred dollars of the poor schopl 'fund of Jefferson sum vested county to the funds of the academy of that county be, and wJs'of'tlie the same is hereby repealed ; and, the said sum is hereby revested in the trustees of the poor school fund of that county. IRBY-HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1828. JOHN FORSYTH, Governor. JOHN FORSYTH, Governor. Toor School {no.151.] AN ACT to add a certain number of Trustees to the Washington Academy in the County of Gwinnett, Two addi- Trustees of tivts of the State of {Georgia, in General 'Assembly met ilmowAca- an^ ^ *s hereby enacted by the authority of the same, That dentyap- John Baker and Thomas .Morgan be, and they are hereby pointed. appointed trustees of the Washington Academy, in the County of Gwinnett, in addition to thoSe already appointed ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1828. JOHN FORSYTH, Governor. AN ACT to be entitled An Act to incorporate Scriven [no.153.] County Academy, ayd to appoint Trustees for the same. Be it enacted by the Senate and House of Rcpresenta- Trustees of tires' of the State cf Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Academy SolOmon; Bryan, Augustus S. Jones, Hardy Scarborough, aniMncor- Robert M. Williamson,'jun., William Cooper, Seabourn P°raled- Goodall, and Mullbrd Marsh, are appointed, and they and their successors in office shall be, and they are hereby de- clared to be, a body corporate,by the name and style of" the Theirstyie. Trustees of the Scriven County Academy," with the privi- mon^eaj?1" lege of having and using a common seal. § 2. And be it further enacted, That the trustees aforesaid, May appro- and ffieir successors in office, or a majority of them, are fund?, &t , t ' aiiu cuLvucouio in vi u uiujviiij vi uj^ui^ axv Be it enacted by the Senate and House of Representa- hei^by authorized and empowered to appropriate in the [no.I52.] AN ACT to incorporate Hebron Academy, in Mqnroe 1 County, and appoint Trustees for the same. Trustees of Be it enacted by the Senate and House of Representa- Acad.'my, tires of the State of Georgia, in General Assembly met, and county"00 ^ hereby enacted by the authority of the same, That manner they may think best Calculated to promote the inte- rest of said institution, and erect suitable edifices lor'the education of youth, all moneys and specialties belonging, or in anywise appertaining to the said institution.' § 3. A^ be it further enacted, That the said trustees, and ^eakc their successors m office, or a majority of them, are hereby authorize^ to make such by-laws and regulations as may be necessary for the government of said academy ; Provided, Proviso, such by-laws and regulations be not repugnant to the con- stitution and laws of this State: and that they sb?fl be invested with all manner of property, both real and personal, all do- May hold natiohs, gifts, grants, privileges, and immunities whatsoever, Pr°Perty- which may belong to said institution by virtue of this act, or which may hereafter be made, conveyed, or transferred to them or their successors in office, to have and to hold the same for the proper use, benefit, and behoof of said academy. ,§ 4. And be it further enacted, That the trustees of said Sue and be institution, and their successors in office, shall be, and they sued< noiuina'ied from and immediately after the passage of this act, the are hereby declared to be, capable of suing and being sued and incur- .poratcd, May sue and be sued. Make by- laws. Proviso. and ap- point offi cm. May bold property. pleading and being impleaded, and using alt manner of lawful measures for recovering or defending any property, debts, of demands whatsoever, which they may claim or demand in right of said institution, or any part or parcel thereof. r . _ § 5. And he it further enacted, That all vacancies that Vacancies may happen in the board of said trustees, shall be filled in such manner as a majority of the survivors shall point out. academy in Monroe eo.unty shall be kbown. and called by the name of u Hebron Academy," shall be known and called by that name ; and that -Gabriel Christian, Thomas W. Davis, William,s F. Jackson, James Perdue, and Devis Smith, and their successors in! office, be, and they are hereby declared to be, a body politic and,corporate, by the name and style of " the Trustees of Hebron Academy and as such shall be capable and liahle in law to sue and be sued, plead, and be impleaded, and shall be authorized to make such by-laws and regulations as may be necessary for the said academy; Provided, such by-laws be not repugnant to the constitution and laws of this State ; and for that pur- Use a com- pose may have, and use a common seal, appoint such officers monscai, ag t]iey think proper, and remove the same from office for improper conduct or neglect of duty. § 2. And be it further enacted, That the said trustees shall be capable of accepting and being invested with all.manner until the general election next ensuing, when it shall be the ®ecna^j. of property, real and personal, all donations, gifts, grants, duty of said clerk to deliver the same to the senator of said cus. privileges, and immunities whatsoever, which may belong County, to be by him laid before the Senatus Academicus, to said institution, or which may hereafter he conveyed or when thereunto required. transferred to them or their successors in office, to have and § 7. And,be it further enacted by the authority aforesaid, Mayap- to hold the same for the proper benefit and behoof of said That the commissioned aforesaid shall have power to ap- Treasurer, academy. point a treasurer, who shall give bond with approved secu- § 3. And be it further enacted, That when any vacancy rity, payable to his excellency the Governor, and his sue-and secu- § 6. And be it further enacted, That it shall be, and is Shall lay hereby the duty of said trustees, to lay before the grand jury, Se'lL at 'the first term of ihe'Superior Court of said county, in £|randn ac each year, a full pnd correct statement of the situation and count of investments of the funds of the said institution, in such tlieirfunds- manner and form as they may think proper, or said jury recommend ': and ,the said returns shall by the said jury be Said return delivered to the clerk of said court, and Remain in his office before the ** Vacancies how filled. rity. 56 ACADEMIES.—1829, cessors in office, in the sum of two thousand dollars, for the census of said counties; an amount for each of such faithful performance of the duties of said office, . ing counties equal to the .smallest of the counties o J&iing § 8- Andbeitfurther enacted, That all laws and parts of State, which have made returns. ■ . o(«Repe)lliii laws militating against this act be, and the same are hereby ' § 2. And be it further enacted, That al aws, and p claiUjtu repealed. laws, militating against this act be, and the same is herepy IRBY HUDSON, repealed. ' . * Speaker of the House of Representatives.' ' 1 ' WARREN JOURDAN, THOMAS STOCKS, " ■ ' . « Speakpr of the House of Representatives. President of the Senate. > •. THOMAS ST OCKS, Assented to, December 20th, 1828. ' , ' • •- _ - ' 1Qk ° enf C* TOHN FORSYTH, Governor* Assented to, December 19th, 1829. « , GEORGE R, GILMER, Governor. tuo.154.] AN ACT more effectually to define the duty of the Trus- r ^ ^ l ~ n \ tees of the Poor School Fund, in the respective CouM(, AN ACT to console and. add that part of thefunds [no.158. ties of this State ' • heretofore set apart for the support off County Aca- The Trus-' Be it enacted by the Senate and House of Representaf. demies, to the Poor .School Fund, so far as respects the p entitled, " An Act for 'the betted distribution and applies-; county, subject in every respecf to,the laws now in. forCe on tion of the poor school-fund, and to point out the-mode of ' the subject, any law to the contrary notwithstanding.. ' accounting for the disbursement of the academy 'and jToor( . " . WARREN,'JOURDAN, school funds," to pay said,accounts at the times, and on the . r V- Speaker of tfye House of Representatives, days following, to wit: on the first Monday in April, oh the v ' THOMAS-STOCKS, first Monday in July, on jthe first-Wednesday in October, and', , '.<> . • ' Prqsiderft pf'the Senate, on the first Monday in January-in each and every year.:Assented to, December 22d,- 18.&9. ! Proviso. Provided, no account shall be paid until the: full end and\ , , • -. - GEORGE. R, GILMER, Governor. , expiration of the' quarter for which the demand is made, u' • ' > " Duty ofthe § 2.# And be it further enacted, .That the trustee of .the AN. ACT to\repealthe seventh ' *; . > \ ' • • \ ■, " _ •'1 ■ . , , counts as aforesaid, their respective demands': Presided," \ Be- ^ 'enacted by the Senate and House of Representa- Proviso.' that said trustee, pn paying out such sums,'shall retain tivesofdU State bf-Geofgia^tn General AssemUpmet, audit in his hands, as nearly as he' can ascertain, , a rateable pro-; ls hereby enacted by the authority off ythe same, Jhat the portion of money, as will.be sufficient to cover the demands , seventh .section of therefore-recited act, be, and the same bersbam that may, be made in the defaulting districts in his county, hereby repealed, so Tar as .reSpeCts the county of Haber- until said'return shall have been made agreeable to'law; sham. ' f ' - ' rf . r § 3. An&'be it further enacted; That till, acts, or parts of ', § ?• And be lt father enacted by the authority qforeshid, TueGo^ acts, militating against this act be, and they are hereby That so sobn as the commissioners', ©r trustee; of the poor.^orjzfdB repealed. * • . . • G school (hnd of the. county of' Haber^ham'slmll comply with r ' WARREN JOURDAN the pfpvisiqns of jhe hefore-recited act', that then his excel-ftv"iirof ■ Speaker of the House of Representative's! shall'be authorized to 'draw his. warrant on the trea- ' . 1 v THOiVlAS STOCKS v sury in; favpur of the trustee'as aforesaid, subject to his ' , President of the Senkte. personal,application,, or. a vyritten order for the sums due Couutf' Assented to, ,December 22d,.38^9. v / ' ' - ■ ' saj(d county,, signed by said trustee, and attested by one of '• ' GEORGE k. GILMER, Governor. !the presiding justices of the Iiiferior Court of the county of \ > \•_ - ' rHaJbersnam—any law to the contrary notwithstanding. [no.155.] AN ACT to authorize and require Ms 'Excellency tlie ; > ^; < ■ ( • WARREN JOURD AN,, t Governor to make a distribution of the funds set apart J ' Speaker of the House of: Representatives. for the education of poor children, and fior the endow-- ' ' THOMAS STOCKS, menfof County Academies. ' ... ' _ , • President of the Senate. t> •/ c ' '-w ' Assented to, December 22d, 1829. ' , rto . Pe enacted by .the Senate and,House of Representa-. ■ GeORGE R. GILMER,,Governor. ., adis- fives ofthe State of Georgia, in General Assembly met, and • ______ • tribution of it is hereby enacted by the authority aforesaid, That from ^ a at a r^rp 4 j7. • u1 T\- r /- • ^ School0and and immediately after the passage of this act, his excellency to authorize the Justices of the Infferiot Court [no. Academic the Governor be, and he is hereby authorized and required Glym CountlJ to sel1 t1lf -Academy Building ifi said among the to cause a distribution of the fund .set apart for the benefit County, and to appropriate the proceeds thereof to Counties. and education 0f poor children, and'fof academic purposes, th& Education of the Poor, and other County purposes. to be made among the several counties of this State, retain-- Be it enacted by the Senate and House of Representd- ingfor those counties which have not made a return of the fives of the State of Georgia, in General Assembly met, .Repealing clause, The Go- ▼ernor to cause ACADEMIES.—1829. 57 The infe- and it is hereby enacted by the authority of the same, That AN ACT to incorporate the Athens Female Academy, [no.160.] the Inferior Courtof Glynn county is herebj-authorized and Beitenacted lU Scmte and Hmse of Representa. t™m» .r thori'zeVto emPowered to sell and dispose o ca my ui ing m ^ tjie gtaie 0f Georgia, in General Assembly met, and Femte^"8 St., ?aid county, at public sale, to the highes and best bidder, {/hereiy enaJtei ^ ^ Thaj££, building in having first caused^ no ice o e pu is e o sue sa e in jy[oseg Waddle, A. S, Clayton, Stevens Thomas, Alonzo and ^ncor- said Coun- SOme public gazette, and at three or more public places in Churcb John A Cobb James Nisbiu d Asbury Hull, porated- P „ be, and they are hereby appointed trustees of the Athens sale now lh°"zed "> W1/,he Proce,eds of ,sa,d saleft0 tha educall°n Female Academy, with all the porters, liabilities, privileges, .ppu*. of the poor children of said county and for other county and immunitie3J of the other incorporated academies of purposes. WARREN JOU11DAN, Clark county Speaker of the House of Representatives. ^ 2. And be it further enacted by the authority aforesaid, The titles ^ -a e <2 ' to ^hat t^e t0 t^e lot now occupied and used for the pur- n°0weoccu- Assented to, December 31st, 1829. 1631 ^ ° 66 P»ses of said academy, together with the houses andappur- ri?nT?pi? Tj Ftir mrtij' r*nnavnn« tenances thereunto belonging, be, and the same are hereby demy vest- GEORGE R. GILMER., Governor. in gaid trusteeaanKd fheir slKcessors j„ office. Pro- [no.159.] an act t0 incor1)0rate and anvoint Trustees far the that nothing herein contained shall be so construed, Proviso. T> „• T ? r aPP°inz irustees jar me ag tQ authorize said academy to ealed " - it is hereby enacted by the authority of the same., I hat ' WARREN JOURDAN from and after the passage of_this act, the act passed on the- Speakerof the House of Representatives. *went'eth day/of December, eighteen hundred-and twenty- THOMAS STOCKS ' six, entitled, an act to consolidate -the ;Academical and President of the Senate. Pm>r_ School Fund, set apart for Decatur'County, and the Assented to, December 18th, 1829: " • same become a p.art Of the Poor School Fund,", be, and GEORGE R.'GILMRR, Governor. the same is hereby repealed. / ' . ~ " | 2. And be it jurther enacted, That all acts or parts oi Repealing : -' acts repugnant to this be, and the same are hereby repealed. [xo.164.] AN ACT to incorporate Carroll Academy, in the County ~ ' ' WARREN JOURDAN, of Carroll, and appoint Trustees for the same. ' ' - Speaker of the House of Representatives. Beit enaetedby the Senate and House ofRepresentatives ' THOMAS STOCKS, of the State of Georgia, in General Assembly met, and it . , ... oca toon President ofthe Senate- , . . Assented to, December 22d, 1829./ *see Act (No. io5) first section, of, repealed. . " ' , ' " GEORGE R. GILMER, Governor. [59] APPROPRIATION ACTS. four cents, in compliance with a concurred resolution, passed the 27th of November, eighteen hundred and nineteen. 5. And be it further enacted by the authority aforesaid, To the Sur- That the sum of three thousand nine hundred and thirteen dollars be appropriated for the surveyor of the tenth district district of of Irwin-; Provided, that the same be not paid to said sur- Irwm' veyor until he shall have performed the service required of him, and made full and satisfactory report thereof: that the sum of fifteen dollars be appropriated to Messrs, Camak To Camak and Hines, for printing of one hundred and fifty copies of j^^nd the Governor's communication ; that the sum of thirty-seven others, dollars and ten cents be appropriated to Maria F. Parsons, in conformity to a resolution of the last session, in favour of Maria F. Bexby; that the sum of three dollars per day be appropriated to Alexander Greene, for services rendered as door-keeper for the.commissioners of the land lottery; that the sum of twenty-five dollars be appropriated to the per- sons employed by the commissioners of the land lottery, in preparing the tickets for drawing. That the following sums be also appropriated, viz.—to Margery Simmons, or Various ap- her order, the sum of forty dollars, agreeably to a concurred resolution; to Camak and Hines, for printing a sufficient cording to number of copies of the treasurer's abstract, to furnish each resolutions. orsGene- - it further enacted, That the sum, of forty * member of the^General Assembly with one eopy, and to at- Fundingent thousand dollars be, and the same is hereby appropriated a coPyl° each copy of-the Journal of~the House of Re.- and set apart a&a contingent fund, subject to the orders of Presenta*ives, agreeably to a. contract with the committee the Governor. - on printing, the sum of fifty dollars; to William Stroud, Pay of 3. And be it further enacted, That for the compensation seventy-five dollars, for his temporary support, and for the theLegis^ of the members of the Legislature, four dollars each per purpose of enabling him to procure the necessary certifi- lature. day during their attendance be appropriated, and "the sum cates to. Place hjm.on the Pension-list of the United States ; of four.dollars for every twenty miles, in coming to, and re- *° William A. Knight, agreeably to a concurred resolution, turning/rom, the seat of government; and the' sum of six sum twelve [dollars] and twenty-five cents ; and the President dollars each per day to the President of Senate and Speaker sum one -hundred and nine dollars eighty-one and three- and Speak- of the Houge of Representatives, during their attendance, quarter cents to Thomas S. Swain, administrator of Mark and the sum of four" dollars"each, for every twenty miles in f fedgen, deceased, agreeably to«a concurred resolution ; to 2Stand coming to, and going from, the.seat of government; to the JosePh Durrence, forty-three dollars eighty-seven and a half y" Clerk of the House of Representatives and Secretary 6f the cer>ts' agreeably to a concurred resolution; to John Seg- Senate,"during the sitting of the Legislature, six dollars man the of four hundred dollars, agreeably to a con- each per day, and the sum of sixty dollars for contingent CUrred resolution ; and the further sum of four hundred and Engrossing expenses each ; -to the two engrossing clerks and an as- sevcuty-five dollars for the purchasing one hundred copies 1 sistant clerk in the House of Representatives, and two en- of the Georgia Justice, to be distributed by his excellency grossing clerks in the Senate, six dollars each per day; to the Governor to such officers as have not been furnished, Clerks to the Clerk of the Committee on Finance and the Clerk of m conformity with a concurred resolution, approved the Sr* the Committee on the State of the Republic, eighty dollars 20th'December, 1019 ; to James A. Rvereett, eighty-two Messengers each ; to the messengers and door-keepers of the Legist dollars and fifty cents, in pursuance ol a resolution of the keepers?1 ture* four dollars each per day during the session ; to the House of Representatives ; which said sums of money shall General? Adjutant General, eighteen hundred dollars, to be paid — 1 «.,♦ ^ Alexander quarter-yearly; to Alexander Greene, the sum of sixty-two 1 " ' dollars and fifty cents, for airing, scouring, and taking care of the Senate Chamber, the desks, carpets, &c. in the re- cess of the Legislature, and. making fires on wet days ; and to Marlow Pryor, the like sum of sixty-two dollars and fifty cents for similar services, in relation to the Representative Peter Fair. Chamber; to Peter Fair, one hundred and twenty-five dollars, for winding up the clock, keeping clean the stair- cases, passages, &c. tery Com^" ^ further enacted by the authority aforesaid, mistiioners. That the following sums be, and they are hereby appro- priated, viz.—to John Foster^ Benjamin Whitaker, John Rutherford, John Selinan, and Thomas H. Kenan, com- missioners of the land lottery, the sum of five dollars each cKka per d,ay* dbring their attendance ; to the clerks employed Appropria- in said lottery, five dollars each per day; to Jacob Skinner taiir?1?-"" an<^ Charles Huson, the persons engaged in delivering the suns. names, prizes, and blanks of the lottery to said comrnis- sioners, the sum of two dollars each per day, for their ser- vices; tp Joseph Attarray, eighty-three dollars and thirty- H 2 [no.166.] AN ACT to appropriate Moneys for the political Year eighteen hundred and twenty-one. Be 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 for the -political year one thousand eight hundred and twenty-one, the following sums of money be, and the same are hereby appropriated, viz. Salary of The salary of his excellency the Governor shall be three vernor? thousand dollars per annum ; Secretaries of the Governor, not exceeding three, one thousand dollars each per annum; ofsiuue7 Secretary State, two hundred and fifty dollars; the Treasurer. Treasurer, fifteen hundred dollars; the Surveyor General, Genera?? five hundred dollars ; the Comptroller General, one thou- lerGenerai san<^ ^°^ars ' Clerk of the House of Representatives, cierk of the six hundred dollars ; the Secretary of Senate, six hundred Represen- dollar-s > ^he Judges of the Superior Courts, twenty-one tatives. hundred dollars each ; the Attorney General, andffive .Soli- ofCthearse-v citors General, two hundred and twenty-five dollars each : Judges of whick sa^ several sums shall be, and they are hereby ap- the Supe- propriated for their use, to be paid quarter-yearly, by warrant Attorney18* from the Governor on the Treasurer, out of any money not and Solicit- sneciallv annronriated. oe, ana me same are nereoy apprppnaieu uui ui any moneys in the treasury, not otherwise appropriated. ' DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 20th, 1020. JOHN CLARK, Governor. AN ACT to apjrropriate Moneys- for the political Year [no.167.] eighteen hundred and ti en/y-two. 1. Be it enacted by the Senate and House of Re- Appropria- preservatives of the State of Georgia, in General Assembly foi met, and it is hereby enacted by the authority of the same, That for the political year one thousand eight hundred and twenty-two, the following sums of money he, and the same are hereby appropriated, viz —the salary of his excellency Salary oi . the.Governor shall he three thousan dollars per annum 5 vernor. the Secretaries of the Governor, not exceeding three, one ^u®ecie" thousand dollais each per annum ; the Secretary of Slate, secretary two- hundred and fifty dollars ; the I'rea urer, fifteen hun- CO APPROPRIATION ACTS. surveyor dred dollars ; the Surveyor General, five hundred dollars; sioners of the Land Lottery, the sum of one hundred and comptroi- the Comptroller General, one thousand dollars; the Ad- forty-four dollars six and a quarter cents, for incidental ex- lerGenerai. juta.nt General, eighteen hundred dollars ; the Clerk of the penses incurred for paper, books, desks, &c., in carrying G&ieraK1 House of Representatives, six hundred dollars; the Secre- into effect the said lottery, disposing of the territory lately House°and tary Senate, six hundred dollars; the Judges of the acquired of the Creek Indians. ' secretary Superior1 Courts, twenty-one hundred dollars each; the 5. And be it further enacted by the authority aforesaid, Appropri*. Judges?16' Attorney General, and five Solicitors General, two hundred That the following sums of money be "also appropriated, cord^ngto andSoiicit an<^ twenty-five dollars each; for three Inspectors of the viz:—four hundred dollars to John Cunningham, of Elbert concurred ors Gene- Penitentiary, not exceeding two hundred and twenty-four County, in conformity to a .concurred resolution.; and'- the reBOlutl0la- inspectors dollars each : which said several sums shall be, and they are further sum of one hundred dollars be appropriated to ofthePeni- hereby appropriated for their use, to be paid quarter-yearly, William Hendry, agreeably to a concurred resolution ; for tentiaiy. ^ warrant from the Governor on the Treasurer, out of any Messrs. Grantland and Orme, for printing, one thousand and money not specially appropriated. sixty-five dollars forty-three and • three-dburth cents, to be For defray- 2. And be it further enacted, That for defraying the ex- paid out of the printing fund; to Rachel'Riggs, the sum.of penses6ofX" penses of the Penitentiary, a> sum not exceeding ten thou- eighty dollars, agreeably ..to a concurred resolution ;■ to tentfary1" sand dollars be, and the same is hereby appropriated, for Messrs. Camak and Hines, for ^printing the Treasurer's ab- To sundry Printing' a printing fund, not exceeding fifteen thousand dollars ; stract, thirty dollars; bill on internal improvement, fifteen lanl£1VMlu' contingent that the sum of twenty thousand^dollars be, and the same dollars; ditto relative to intestate's estates, ten dollars; Fund. is hereby appropriated, and set apart as a contingent fund,. memorial of the University, thirty dollars; report and bill subject to the orders of the Governor, during the political on Banks,fifteen dollars ; manifesto/ten dollars; to be paid year eighteen hundred and twenty-two.. 11 1 out of; thb printing fund : and the. further sum of sixty-one Fay of 3. And be it further enacted, That for the compensation dollars and thirty-two cents, to pay and satisfy the deftmnds tbeLegSa- of the members of the Legislature, four dollars each per day of Willam Stanley, for rations or provisions furnished the ture. during their attendance, tie appropriated, and the sum of militia, on the frontiers 'of Camden and Wayne Counties, four dollars for everytwenty miles, in coming to, and returning in the year 1812, agreeable to a concurred resolution; and from, the seat of government; and the Sum of six dollars that his excellency the Governor be authorized to draw a President each per day, to the President of Senate, and Speaker of the warrant in favour of Daniel Blue, for. the sum of one hun- and Speak- House 0f Representatives, during their attendance1, and the dred and fifty dollars, agreeable to an act passed the 15th sum of four dollars for every-twenty miles, in, coming to,-n day of December, 1821 ; that the sum of three hundred cierk and and going from, the seat of Government; to-the Clerk of and-sixty-five dollars,and forty-nine cents be, and the same Secretary. the House of Representatives,1 and Secretary of "the, Senate, is hereby appropriated tb, James Pelot, administrator of the during the session of the Legislature, six dollars each per estate of Jesse H. Harrison, in full fcrr supplies furnished day; and the sum of sixty dollars for contingent expenses;, the militia'of Mcintosh County, in an expedition to the 'Engrossing each; to the two engrossing Clerks,and an"assistant Clerk frontiers of Wayne County,1 in April,11818,-agreeable to a Clerks, &c. ^ House of Representatives, and two engrossing Clerks concurred resolution ) which said several sums shall be, and . cierks to in the Senate, six dollars each per da.y-; to the Clerk of the1 the same are hereby appropriated out of any moneys in the miueesm Committee on Finance, and the Clerk of thejCommittee, pn treasury, not otherwise appropriated.1 - the State of the Republic, eighty dollars eaqh; to the. Clerk : " - 1 • DAVID ADAMS, of the Committee on Public'Education and Free Schools, . Speaker of the House of Representatives. Messengers sixty dollars ; to the messengers and door-keepers of the \ , MATTHEW TALBOT," - . keepers°°r" Legislature, four dollars each per day, during'the session ; ~ President of the Senate. a. Greene, to Mario w Pry or and Rhodam A. Greene, the sum of one Assented to, December 22d, 1821. hundred and twenty-five dollars, for airing, scouring, and. - . • 1 * JOHN.CLARK, Governor, taking care of the Senate and Representative Chamber,' -— _ - a . desks, carpets, &c, in the recess of. the Legislature; and AN ACT. supplementary to, and amendatory of an Act, [ko.168.] Peter Fair, making fires on wet days; and to,Peter Fair, one hundred* passed the twentieth.day of December, one thousand and twenty-five dollars, for winding up the clock; keeping eight hundred find twenty, entitled An Act to dp- - clean the staircases, passages, &c. 7/ " propriate Moneyfor thepolitical Year 1821. - To.tTie 4. And he it further enacted by the authority of the same,. Be it enacted by the Senate and House of Representa- LandFum toy com?' That the following sums be,~ and they are hereby appro- tires of the State of .Georgia, in General Assembly met, misaioners. priated; viz.—to Peter Lamar, James Blair,, Samuel and it is hereby enactedby the'authority of thC same, That Groves, James Alston, Cornelius McCarty, and Thomas the sum of one hundred and ten;thousand dollars be, and Moore, Commissioners of the Land Lottery, for their several the same is Hereby appropriated as a land fund, subject to services, the sum of five dollars each per day, during their the orders of the Governor. ; Appropria-attendance; to William Blair, the sum of seventy-five ' 2. Andbe it farther. enacted, That the following sums Messenm various'"in- dollars, for fifteen days' service/in examining and preparing ofomoney be appropriated to the persons, .and for the pur- cidentai ex-tickets for Land Lottery, in the absence of one of the Com- poses hereinafter mentioned; viz. to the messengers and preparing missioners; Provided, that the said William Blair shall not, doorkeepers of the Legislature, four dollars each per day, tlckeis'&c! during the said fifteen days,'receive pay as a Clerk to the during the. session; to Mary FloUrnoy, fifty dollars,-agree- Commissioners of the Lottery; to Cyrus B. Pritchard and ably to ^concurred and approved resolution ; to Alexander Robert W. Carnes, the sum of fifty-two dollars each, for Greene ten dollars, for scouring, brushing, and preparing thirteen days' service each, in arranging numbers in nu- the Senate and Representative Chambers for the called ses- merical books, and preparing the county books; for the sion of the Legislature/to the Clerk of the Committee on the cierktothe clerks employed in said lottery, five dollars each per day; State of the Republic, ten dollars : which several sums shall to John S. Ratliff &nd Wiley Gather, the persons engaged be, and the same are hereby appropriated out of any moneys state of in delivering the names and prizes of the lottery to said in the treasury not otherwise appropriated. • ;uce Repu commissioners, the sum of two and a half dollars each per DAVID WITT, day, for their services ; to the clerk employed to furnish a Speaker of the House of Representatives, list of the fortunate drawers for publication, five dollars MATTHEW TALBOT, per day, for every day's drawing; and to Prior Wright, President of Senate, door-keeper of the lottery, the sum of four dollars per day, Assented to, 15th May, 1821. •. during the continuance of the lottery; and to the Commis- JOHN CLARK, Governor. APPROPRIATION ACTS. 61 Ino.169.] an ACT- to appropriate Moneys for the political Year eighteen hundred and twenty-three. Appropria- Be it enacted by the Senate and House of Representatives theyear °f State of Georgia, in General Assembly met, and it 1823. is hereby enacted by the authority of the same, That for the political year eighteen hundred and twenty-three, the following sums of money be, and the sanie are hereby ap- Salary of propriated ; viz. the salary of his' excellency the Governor fernm. s^ail be three thousand ^dollars per annum ; the Secretaries HisSecre- of the Governor, not exceeding two, one thousand dollars Secretary each per annum ; the Secretary of State, two hundred and Treasurer dollars ; the Treasurer, fifteen hundred dollars ; the Surveyor' Surveyor General, five hundred dollars,; the Comptroller Comptroi- • General, one thousand dollars ; the Adjutant General, two cie?k of ^ hundred dollars ; the Clerk of the House of Representatives, i the1 House, six hundred dollars ; the Secretary of Senate, six hundred tary ofSe^ dollars ; Provided, that no warrant shall issue for the first nate. _ quarter salary of the Secretary of the Senate and Clerk of the House of Represeptatives, till the^ Executive has sdtis- factory evidence that the said Secretary" of Senate and Clerk of the House of Representatives have respectively made or caused to be made, and attached to the engrossed journals Judges. of the.present, good and Sufficient indexes; the Judges of I the Superior Courts, twenty-one hundred dollars -each.; the 1 smdSoiicit- Attorney General and six Solicitors General, two hundred orsGene- and twenty-five dollars each; for three Inspectors of the i inspectors Penitentiary, not exceeding two hundred and twenty-four 'rUemiary6 dollars each : which said several sums shall be, and they are JToebepraid hereby appropriated for their use, to be paid quarter-yeaHy, !yearly!"" ky warrant from the Governor on-the Treasurer, out of any 4 money not specially appropriated. s For defray- § 2. And be it further enacted by the authority aforesaid, ipensesof1" That for. defraying the expenses of the Penitentiary, a sum ■itentiar"'" not exceeding ten-thousand dollars be,, and the same is k ' hereby appropriated; and for a printing fund, not exceeding contingent five thousand dollars; that the sum of twenty thousand Fund* dollars be, and the same js hereby appropriated and set apart as a contingent fund, subject to the orders of the Governor during the political years eighteen hundred arid twenty-three-. Pay of the § 3. And be it further enacted by the authority aforesaid, ■thei!egis0f That for the compensation of the Members of the. Legisla- tature. ture, four dollars each per day, during their attendance, be appropriated, and the sum of four dollars for-every twenty miles, in coming to and returning from the seat of govern- jf-President ment; and the sum of six dollars each per day, to the Pre- and Speak- ^ident of the Senate and Speaker of the House of Repre- sentatives, during their attendance, and the sum of four dollars for every twenty miles in coming to and returning ^cierk and from the" seat of government; to the Clerk of the House of jia«cretary. Representatives and the Secretary of the Senate, during the session of the Legislature, six dollars each per day, and, the sum of sixty dollars for contingent expenses each ; to the Engrossing two engrossing Clerks and an Assistant Clerk in the House cierks, &c. pf Representatives, and two engrossing Clerks in the Senate, cierks to six dollars each per day ; to the Clerk of the Committee on mutees™" Finance, and the Clerk of the Committee on the State of the Republic, and Clerk to the Committee on Public Education Messengers and Free Schools, eighty dollars each ; to the messengers keepers?01" an<^ doorkeepers ofithe Legislature, four dollars each'per Pryor and day, during the session ; to Marlow Pryor and Rhodam A. Greene. Greene, the sum of one hundred and twenty-five dollars, for airing, scouring, and taking care of the Senate and Repre- sentative Chamber, desks, carpets, &.c.,in the recess of the Legislature, and making fires in wet days ; and to Peter. •Peter Fair. Fair one hundred dollars, for1 winding up the clock, keeping clean the staircases, passages, &c. Appropria- § 4. And be it further enacted by the authority afore- sundry'in- sa^ That the following sums be, and the same are hereby dividuais. appropriated ; viz. that the sum of seventy-three dollars sixty-three cents be, and the same is hereby appropriated to John Terrell and Daniel Davis, agreeable to a concurred < resolution of the last Legislature ; to the Clerk of the Com- mittee of the House of Representatives on the Governor's communication with relation to Abner Hammond, one hun- dred and fifty dollars ; to Daniel Sturges, Surveyor General, for draftirig a plan of Newton and Walton Counties, and for a plan of the lately ceded territory, embracing the counties of Dooley, Houston, Monroe, Henry, and Fayette, pursuant to resolutions from Senate, thirty dollars ; to Roger L. Gamble, late Attorney General, the sum of seventy-seven dollars, agreeable to a concurred resolution, being a com- mission of five per centum on certain moneys collected by him for the State ; that the sum of three hundred dollars be appropriated for the payment of militia, drafted as a guard to the commissioners appointed for ascertaining the true head of the St. Mary's river, agreeable to a concurred resolution. § 5. And be it further enacted, That the following sums To the of money be allowed and appropriated to the persons herein- holding f°r after mentioned, and for the services specified : to the Hon. Augustus S. Clayton, Judge of the Western Circuit, for ourB' ' holding the Superior Courts in the counties of Newton, Henry, -and -Fayette, during the past political year, two hundred dollars ; to the Solicitor General of said circuit, To the So_ for attending said courts, fifty dollars; to Christopher B. 1ni^t°rs Ge" Strong, Esq., late Judge of the Ocmulgee Circuit, for holding nera' the Superior Court in the county of Monroe, in the month pf June last,, fifty dollars ; to the late Solicitor General of the Ocmulgee Circuit, for attending said court, twenty dol- lars ; to the Hon..Thomas W. Harris, Judge of the Southern Circuit, for holding the Superior Court in the county of Houston,, in the month of May last, fifty dollars; to the Solicitor General of the Southern Circuit, for attending said court (Houston), twenty dollars. § 6. And be it further enacted, That the sum of four ToPeter hundred dollars be appropriated to Peter Gent', keeper of ent' the public arms, for cleaning, and furnishing -materials, and taking care of public arms at Milledgeville ; to Gen. John Gen. John Floyd, executor of the estate of Gen. Francis Hopkins, de- ceased, the sum of five hundred dollars. § 7. And be it further enacted, That fiye thousand dol- Appropria- lars be, and the same is hereby appropriated for the river improve- Altamaha ; Provided, no part of the money shall be drawn from the treasury until a contract for any work is made, maha. and a certificate from a majority of the commissioners is received, that the work of said,, contract is completed. §8. And be it further enacted by the authority afore- of the oc- said, That the sum often thousand dollars be, and the same mulgee- is hereby appropriated for the irhprovement of the Ocmulgee river, to be laid our in able-bodied negroes, which shall be kept at work on said river, or hired out when the river is too high to be worked on; the title to the property to be vested in the State. § 9. And be it further enacted, That the sum of ten Land thousand dollars be appropriated as the land fund, for pay- Fund- ing the fees of the Secreiary of State, Surveyor General, Treasurer, Comptroller General, and Secretary of the Exe- cutive Department, on grants that may be issued for lands drawn in the land lotteries of 1820 and 1821, and former land lotteries'; to James Camak, for printing the bill on the Appropria- free school system, ten dollars ; for printing the bill on rious per- common free schools, ten dollars ; Treasurer's abstract, sons, thirty dollars ; Ne Exeat, bill, ten dollars ; bill for the sale of fractions, ten dollars ; for list of warrants issued by the Executive, ninety dollars ; penal code bill, ten dollars ; and report of the Committee on Finance, one hundred and twenty dollars: that the sum of twelve dollars be appro- priated and paid to Isham Coleman, of Washington County, for his attendance at this place as a witness in the case of Col. Hammond. § 10. And be it further enacted by the authority (fore- Milium said, That there shall be appropriated, for military services, 62 APPROPRIATION ACTS. the sum of four thousand dollars 5 -and that there be appro- turning from, the seat of government; and the sum of bix priated for Daniel Sturges, Surveyor-General, the sum of dollars each per day,-to the President of the Senate, and three hundred and six dollars, for fifty-one . general plans of Speaker of the House of Representatives, during their at- fractional surveys, for the use of the Commissioners. tendance, and the sum of four dollars for every twenty Ail war- §11. And be it further enacted, That the. Comptroller- miles* in coming to, and returning from, the seat of govern- changeable General shall not in future approve and accept any draft or rnent* -To the. Clerk'of the House of Representatives, and cierkand cuiar fund warrant *s not ma^e chargeable upon, the specific Secretary of Senate, during-the session of the Legislature,-6ecrelar)r' l'fund set. apart, for that specific purposenor shall the six dollars each'per day, and the sum of sixty dollars for Treasurer pay any draft or warrant until the same has. contingent expenses each-^ vt°'the'two engrossing Clerks, Engrossing been regularly accepted and checked by the Comptroller- arid an Assistant Clerk of the House of Representatives, and ClerkB,&c' General, other than warrants drawn upon the contingent two Engrossing Clerks in the Senate, six-dollars each per' fund. - .' day ; -to the Clerk of the Committee on Finance, and the Clerks to Secretaries § 12. And be it further enacted, That the further sum Clerk to the Committee on the State of the Republic, and cutivl De-of one hundred and sixty-six dollars and' sixty-six cents be, Clerk to the .Committee on Public- Education and Free partment. an(j tke same jg hereby appropriated for-the pay and com- Schools," feighty dollars each-; to the Messengers and Door- Messengen pensation of one of the Secretaries of the executive depart- Keepers of the Legislature, four dollars each per day during keepers!'' ment, for the two months' services ending on the last of this the .session.; tcu. Mario w; Pryor, and Rhodam Greene, the Pryorand month, who is discharged by this act. , sumofone hundred and twenty-five dolla rs, for airing, scour-Greene' ALLEN DANIEL,- _ -, ing, and taking care of- the Senate and Representative cham-v Speaker of the House of Representatives.- ber,desks, carpets, &c., inthe recess of the Legislature,'and MATTHEW TALBOT, , making fires on wet days ;^and to Peter Fair the sum of one Peter Fair. President of the Senate. - hundred dollars, for winding Up the clock, .keeping; clean The Legislature having adjourned, I am constrained to the. stair cases, passages, &c. TThat the following sums be, To^vanow assent to this Act. .'JOHN CLARK, Governor, and the same are Jhereby appropriated to Camak and.Rag-cXuk- December 25th, 1822. land, viz.—For printing sixteen quires of bonds, and adver-vlces' ■ ' - - tising the sales of fractions in eighteen hundred and twenty- I-'mj an ACT to mrys for the^olkical Y*r . eighteen hundred and twenty-four. . ; ^'doIlars. for'Minting the bill for the electibn of elect- Appropria- Be it enacted by the Senate and House of Representatives ors, five dollars ; for the bill for altering the constitution year.i82^ of the State of Georgia, in General Assembly piet, and it w relative to the Governor's election, fifteen dollars ; for the hereby enacted by the authority of the Same, _That for the board of'public works, twenty dollars; for the loan office, political year eighteen hundred and twenty-four th'e follow- fifteen dollars; for the Treasurer's and Comptroller's Re- ing sums of money be, and the sanie, are hereby appro- port, one hundred and twenty dollars ; for the free school salary of priated; viz.—the salary of his excellency the Gdvernpr shall bill,'fifteen dollars ; for the punishment of •• slaves, eight venwr he .^ree thousand dollars per. annum ; the Secretaries of.dollars -f for the report on Jackson's claims, thirty-five dol- His Secre-the Governor, not -exceeding three, one .thousand dollars lars f for the report from banks,"one hundred and..thirty dol- secretary ea°h per annum ; the Secretary of State,'.two hundred and , lars^p for the report on the memorials, from Augusta, Sa- Treasurer dollars ; the-Treasurer, fifteen hundred dollars ; the_ .vann'ah, and'Darien, ninety-five dollars.; for honest debtors' Surveyor1' Surveyor-General, five hundred dollars; the Comptroller- -bill, fifteen dollars ; for the dower bill, fifteen dollars ; and' Comptroi- General, one thousand dollars; the Adjutant-General, two - his excellency the Governor is" hereby authorized and re- ier and Ad- hundred [dollars] ; the Clerk of the House of Representatives, quested to draw a warrant on the-treasury in their favour, for irerai! Ge" six hundred dollars ; the Secretary of, the Senate, six bun- the amount- of their account for printing the deport of the House°fand ^rei* dollars ; Provided, that no warrant shall issue for the Committee on Finance : the sum of three hundred dollar^ secretary first quarter's Salary of the Secretary. of the Senate "and to John W. Hunter, under a concurred resolution appoint- nate!16 Se* Clerk of'the House of Representatives, till the Executive -ing him'an agent on the part of this State, to aid in obtain- shall have satisfactory evidence that the said Secretary of ing the settlement of the claims of the'citizens of this'State, Senate and Clerk of the House of Representatives have, for military services ; the sum of.four hundred'dollars, to the ' respectively made, or caused to be made, and- attached to keeper of the public arms, for cleaning and furnishing-ma * the engrossed Journals of the present Session, good -and. terials, -and taking care of public arms at Milledgeville ; 'to judges. sufficient indexes: the Judges of the Superior Courts, James Webb, Esq. for services in laying out'and marking Attorney twenty-one hundred dollars each ; the Attorney-General and with durable posts, the. town of Macon, the sum of four ors Gene-1" s*x Solicitors-General, two hundred and twenty-five -dollars hundred and thirty-dollars and fifty.cents, as recommended rai. each; for three Inspectors of the. Penitentiary, hot exceed- by the Joint Committee on Finance; to John Mercer, To the oftheCpeni-ing two hundred and twenty-four dollars each : which seve- Edward Conner, Amos Love, James Rosseau, and Theo-" Aifpayabie ra*sums s^a^ hei an<* are hereby1 appropriated for their drick Montfort, Commissioners for selling fractions, four dol- quarter- use, to be paid quarter-yearly, by warrant from the Governor lars each per day; to Messrs. Camak and Ragland, • forSl yearly. on Treasurer, qui of any money not specially appro-' printing the laws of college, forty dollars ; to James Boze- priated. , man, Esq., late Comptroller-General, forty dollars, for exa- For defray- § 2. And be it further enacted, That for .defraying the mining, correcting, and adding up the returns made by the pensesof*" expenses of the Penitentiary a sum hot exceeding ten thou- commissioners appointed by the-State, to sell the fractions thePeni- sand dollars be, and the same is hereby.-appropriated; and in Walton, Gwinnett, Hall* Gabersham, and Rabun ; to the Printing for a printing fund, not exceeding fifteen thousand .dollars : Clerk of the Committee oh the state of the'Republic, for contingent ^iat sum tw-enty thousand dollars be, and the same is his .services "as Clerk to the Select-and Joint Committee, on Fund. hereby appropriated and set apart as a contingent fund, sub- the memorials from Darien, Savannah, and7 Augusta, the ject to the orders of the Governor, during the political year sum of twenty dollars ; to Yelverton P. King, Solicitor- eighteen hundned and twenty-four. General, of the Ocmulgee Circuit one hundred and ninety-. . Pay of §3. And be it further enacted,That for the compensa- nine dollars ; and to Cicero Holt, Solicitor-GeneraL of the o^thefice- tion °f the members of the Legislature, four dollars each per Western Circuit, one hundred and five dollars, for services gisiature. day, during their attendance, be appropriated, and the sum of by them respectively rendered in collecting money for the four dollars for every twenty miles, in coming to, and re- State; during the past political year; to'Roger L. Gamble, APPROPRIATION ACTS. G3 Esq., late Attorney-General, twenty-four dollars and fifteen each ; to the two Engrossing Clerks, and an Assistant Engrossing cents, for services rendered by hiin in collecting money for Clerk of the House of Representatives, and two Engrossing cierks, fcc. the State, being five per cent, on the sums by them respect- Clerks in the Senate, six dollars each per day ; to the Clerk cierks to ively collected°cind paid into the treasury ; to the Commis- to the Committee on Finance, one hundred dollars, and the sioners of Fraction Sales, a sum not exceeding one hundred Clerk of the Committee on the state of the Republic, and and fifty dollars, for stationary ; to Janles Blair, for services Clerk to the • Committee on Public Education and Free rendered as Commissioner at the proposed Cherokee, treaty, Schools, eighty dollars each i to the Messengers and Door- two hundred and eighty dollars ; to Carlton Welborn, for Keepers of the Legislature, four dollars each per day during services as Clerk at the proposed Cherokee treaty, one the session ; to Rhodam A. Greene, the sum of one hundred Rhodam a. - hundred and sixty-eight dollars ; to William Triplett, Esq., and twenty-five dollars, for airing, scouring, and taking care Greene- for like services, two hundred dollars. of the Senate and Representative chambers, desks, carpets, DAVID ADAMS, * &c., in the recess of the Legislature, and making fires Speaker of the House of Representatives, on wet days ; and to Peter Fair, the sum of one hundred and Peter Fair. THOMAS STOCKS, i nty-five dollars, for winding up the clock, keeping clean President of the Sena*i . .t e staircases, passages, &c. ; and that the following sums Assented to, December 20th, 1823. „ a, and .they are hereby appropriated, to wit:—For a Land Land Q. M. TROUP, Governor 1 und, subject to the orders of his excellency the Governor, Fund" ^the sum of ten thousand dollars ; the sum of six thousand a fund to - * at a /. .7 » j* /n dollars be appropriated for the payment of the persons en- enLceTin 1*0.171.] an act to appropriate Moneys for the support of Gv gaged in takiug the census of ^ the £m of four vernment during the political I ear eighteen hundred hundred dollars to Charles Damaron, in lieu of his land iTvariou. and twenty-jive. ^ bounty, according to a concurred resolution; to James agreeable 1 Appropria- Be it enacted by the Senate and House of Representa- Lasseter, four hundred dollars, agreeable to a concurred re- to concur- ' the'year **ves of the State of Georgia, in General Assembly met, solution; to George Stapleton, a revolutionary soldier, four uons?SOlU" r 1835. and it is hereby enacted by the authority of the same, That hundred dollars, agreeably to a concurred resolution; the sum for the political year eighteen hundred and twenty-five, the of two hundred dollars bepaid to William Kemp, in lieu of, and following sums of money be, and the same are hereby ap- as a commutation for his bounty warrant, agreeable to a con- Salary of propriated, viz. The salary of his excellency the Governor cur-red resolution ; to Amos Richardson one hundred and ! vernon shall be three thousand dollars per annum-; the Secretaries twenty dollars, agreeable to a concurred resolution ; to Sea- itarie^ecre" Governor, not exceeding three, one thousand dollars ton Grantland fitly dollars, agreeable to a concurred and ap- (Secretary each per annum ; the Secretary of State, two hundred and proved resolution; to John Haupt, the sum of two hundred i, Treasurer. dollars ;J the Treasurer, fifteen-hundred dollars; the and fifty-one dollars; and to Daniel Gugle, the sum of five < Comptroi' Survey°r-General, five hundred dollars ; the Comptroller/- hundred and seventy-nine dollars and two cents, agreeable to jier, and General, fifteen hundred^ dollars; the Adjutant-General, a concurred absolution ; arid to Joseph V. Bevan, the sum I General two hundred dollars ; the Clerk of the House of Representa- of four hundred dollars, agreeable to a concurred resolution ; I oierk of die tives, six hundred dollars ; the Secretary of the Senate, Six to John Pugsley,.sixty-nine dollars', agreeable to a concurred j, secretary* hundred dollars ; Provided, that no. warrant shall issue for resolution ; to WiiliamChristian, special messenger to Senate, To special of Senate, the first quarter's salary of the Secretary- of the Senate and forty-eight dollars ; to John U. Brown, special messenger to ^®sen" Clerk of the House of Representatives, untiFthe Executive Senate', thirty-six dollars ; to John H. Lawson, special mes- shall have satisfactory evidence, that the said Secretary of senger to Senate, thirty-six dollars ; to the additional En- the Senate and Clerk of the House of Representatives have grossing Clerk of Senate, six dollars per day, for the time he respectively made,-or caused to be made and attached to the may have served ; and the further sum of one hundred dollars engrossed journals of the present session, good "and sufficient to John Bozeman, military store-keeper, for cleaning an ad- Judges. indexes: the Judges of the Superior Courts, twenty-one ditional number of arms, agreeable to a concurred resolution; ^tomey hundred dollars each ; the Attorney-General and six Soli- and to Thomas Mitchell, Surveyor-General, the sum of five TotheSur- citors Ge- citors-General, two hundred and twenty-five dollars; for hundred dollars for recording sundry plats, and bringing up Ge~ inspectors t^iree Inspectors of the Penitentiary, not. exceeding two the business of the office, which occurred previous to his ofthePeni- hundred and twenty-four dollars : which several sums shall election, agreeable to the report of the joint committee of tentiary. an(j are jierejjy- appropriated for their use, to be both branches of the General Assembly; and the further sum - paid quarter-yearly by warrant from the Governor on the of two hundred and seventy-two dollars for furnishing the Treasurer, out of any money not specially appropriated. Commissioners and Sheriffs with sundry .plans of fractions -For defray- § 2. And be it further enacted, That for defraying the and adjoining squares, in pursuance of an act of the last 'pensesof' expenses of the Penitentiary, a sum not exceeding-ten thou- General Assembly ; the sum of four hundred dollars to the thePeni- sand dollars be, and the same is hereby appropriated ; and keeper of the public arms, for cleaning and furnishing mate- Printing" for a printing fund, not exceeding fifteen thousand dollars ; rials, and taking care of all public arms, which now are, or Conttfgent an(* sum twenty thousand dollars be, and the same is may hereafter be deposited in the arsenal at Alilledgeviile ; Fund. hereby appropriated, and set apart as a Contingent Fund, Provided, that his excellency the Governor may deem it ne- subject to the orders of the Governor, during the political cessary and expedient Jo appoint such an officer : the sum To employ year eighteen hundred and twenty-five. of ten thousand dollars for the employment of a civil and jjrJp^cai Payof^of §3. And be it further enacted, That for the compensa- topographical Engineer,and the expenses incident to the ne-civil tteLegfs? tion of the members of the Legislature, four dollars each per cessary aid, according to a concurred resolution ; to Cicero soiicK' lature., day during their attendance be appropriated, and the sum Holt, Solicitor-General of the Western Circuit, one hundred General- - of four dollars for every twenty miles in coming to, and and sixty dollars, and to Micajah Henley, Solicitor-General President returning from, the seatof government; and the sum of six of the Northern Circuit, the sum of one hundred and ten andSpeak- d0pars eacij per day to the President of theSenate, andSpeaker dollars ninety-two and a half cents, for services rendered by of the House of Representatives, during their attendance, and them, in collecting money for the State, being two and one- the sum of four dollars for every twenty miles in coming to, half per cent, on the sums by them respectively collected, Cierkand anfi returning from, the seat of government: to the Clerk during the past political year, aftd paid into the treasury in secretary. cf the jjouse of Representatives, and Secretary of Senate, lieu of a concurred resolution ; to Y. P. King, Solicitor- during the session of the Legislature, six dollars each per General, one hundred and twelve dollars and fifty cents in day, and the sum of sixty dollars for contingent expenses full for the collection of four thousand five hundred and one 64 APPROPRIATION ACTS. dollars belonging to the State, it being two and a half per tiues of the State of Georgia, in General Assembly met, and Appropjij cent, on said amount, in lieu of a concurred resolution. >. it is hereby enacted by the authority of the same, That for thenar JOHN ABERCROMBIE*" the political year eighteen hundred and twenty-six, the fol- Speaker of the House of Representatives, lowing sums 6f money be, and the. same are hereby appro- ALLEN B. POWELL,. priated,vjz.—The salary of his excellency the Governor shall Salary or Assented to, December 18th, 1824. President of the Senate, -be three thousand dollars per annum j the Secretaries of the Governor, ,not exceeding three, one thousand dollars each ^ir8ie®ecre- G. M. TROUP, Governor, per annum ; the Secretary of State, two hundred apd fifty dollars ; the Treasurer, fifteen hundred dollars per annum ; of State. [no.172.] AN ACT supplementary to, and amendatory of an Act, the Surveyor General, five hundred dollars', the Comptroller surveyor' passed the eighteenth of December, one thousand eight General; fifteen hundred dollarsthe Adjutant General, two E?,Tnd hundred and twenty-four, entitled An Act to appro- "hundred dollars ; the Clerk oflhe House of Representatives, Adjust priate Moneys for the political year eighteen hundred six hundred dollar^ ■ the'Secretary of Senate, six hundred cieVof' and twenty-five ' dollars ; Provided,'that no warrant shall issue for the first i.and Be it enacted bp the Senate and House of Representa- Fundap- „ /. ., c,. / ~ donovni \ aofnhia'i imnt &nd Secretary,of Senate,.until theExecutive shall have.satis- — Tditi tfptJedX^lX^of^Si factor, evideLe .hat th^saidClerk of the House of Repte- . the sum of one hundred and fifty thousand dollars be, and. ™d Secretary of Senate have respectively made, the same is hereby appropriated as a land fund, subject to the 9' caused to be made, and .attached to (he engrossed Jour- orders of the Governor , • - . nals of the present session, good and sufiicientindexes ; the §2. And be it Jurther enacted, That the following suhis of the Superior Courts, twenty-one hundred dollars J„dg» ■, of money be appropriated to the persons, and for the pm- ,each i - 'he ^rul, and six Solicitors General, poses hereinafter mentioned, viz to the Clerk of the Com- wo hundredtwenty-five dollars each ; for three Inspect ^ mittee on the state, of the Republic,, eighty dollars,-and ors of the TenitenUary, not exceeding, two hpndred andgt Clerk of the Committee on Finance, fifty dollars, for addi- wenty-four dollars each ; which^ several sums shall be, and gg* TO Wi,- tional services ; and the sum of five hundred dolWbe ap- are hereby appropriated for their use, o be paid quarter- Expropriated to William Triplet!, Comptroller General, for yearly, by warrapfrom he Governor on the Treasurer, out IroiieE Ge- nscfirtainina- th« £.w» nfL.o^nt, . of any money not speciaUy appropjated.. v § 2. And be it further enacted, That for defraying the ang tK; the Clerks to the Com- Hiittees. ascertaining the unsettled balance of accounts against the several defaulting Tax Collectors of this State, lromthe year eXpenges 0f the Penitentiary, a siifn not exceeding tpn thou- pensesof eighteen hundred up to he.time of his go.ng into office ; the sa£d doUars b0 ,and ^ Jme is bereb approp|ated. and ££* To the so-sum of one hundred dollars for the. compensation of Cicero ,• "u T ESS mm. a. Holt, Esq., Solicitor General' of- the Western Circuit, and F= neral. - _ t tit- tv vij 8HQ tllG SUD1 01 tWGntV "11101138.001 uplldrS 06j 8I1Q tilG S8ED& IS Contin?fiM twenty-five dollars for the compensation of C..J. McDonald, h ^ app riated &d set artHas a c6nti„gent furrd^ub- SSST Solicitor General of the Flint Circuit, for servicesrendered ^ t^%^s of the Gov(£nor> during the political year, " - in the trial of John Loving before the High ^Court oflm- J£ hteen hundred-and twenty-six. '• •. •••"' : • rSf*6"'! andtha s"mof *rea dollars-pw day be allowed .s§ 3; A ndie,it further enLted, That for the compensation H,* ofuU™- to the witnesses, who have attendedmponsubpcenas, on pro- of|he mi5mber3 aj the Legislature, four dollars eacbper day S,S°S o_f .the State against John Loving, Samuel Jackson during..-their attendance, be appropriated, and the sum off— and Fleming F.Adrian, rmpeached for high crimes and four doUars for every twenty miles in coming to and return- misdemeanors, 'and those, whojtave.attended upon subpmnas -ng from tbe ^ of ^me„t. and ,the ssum of tl,e lars each ,per day .to the. President of the Senate and president Commis- sionei-s. and testified before the Joint Committee on the State, of Republic ; and that the sum of three dollars be allowed'the' , , ^ „ .r - . Speaker of the House of Representatives, during their same for every twenty miles they have travelled.in,gqing to attendance,rand. the. sum of four dollars for every twenty • and ra'u™°gft°ra of Government for that purpose ; miles in comingto and returningfromthiseat of government; and the mm of four dollars for every twenty miles travelled, to the clerk of the Houseof Representatives and Secretary cm,- be allowed to the messengers jvho have been employed m. of;Senate, during the Session of the Legislature, six-dollars Se« fummomng witnesses ; and.-the sum of four thousand dol-. each per day, and the sum of sixty doRars for eoufmgent ei- monui. lars be appropriated to aid m erecjing of monuments m the -nse3 each to the tw0 engrossing Clerks, and an assistant am* ail <* the memories; of Green? and Poluta:; £lerk of the:House of Representaves,. and two -engrossing ^ S urn and ?at hlS excfe™J ™ Governor be authorized to d;aw Cleiks in ,Senite six dollars each per dayto 4he Clerk ' 8 -on the treasury for the above sums, out of any moneys not „f the Committee on Finance, one hundred dollars; and the cam. otherwise appropriated ; to William Y. Hansell tvyo hundred dollars for his services as Clerk to the High Court, of Im- peachment. _ / , - . § 3. And be it further.enacted, That the sum of twenty thousand dollars be, and the same" is hereby appropriated as a military fund, subjec^to be drawn for bj^the Executive ; and to the Surveyor General the sum of twenty dollars for each map'of districts transcribed by him, agreeable to a con- Wm. Y. HanselL Military Fund. Clerk of the Committee on the" State of the Republic, one hundred dollars ; to the< Cletk of the Committee on Public Education aiid Free. Schools," and the Clerk of the Committpe' on Agriculture and Internal Improvement, the Clerk of the Committee/on the judiciary, and Military Committee, eighty - dollars each ; to'the Messengers and Door-keepers of the Legislature, four dollars each per fday durng the-session ; keepers. _. .. to Rhodarn A i Greene, the sum of one hundred and twenty 5^™* curred resolution, tobq paid ^ rP?^3 &rG 4°^arsi for airing, scouring and taking care of the Senate completed. - JOHN ABERCROMBIE, and Representative chambers, desks, carpets," &c.', in the re- Speaker of the H°use of Representatives. cegs tke Legislature, and making fires on.wet days ; and to Peter Fair, the sum of dne"hundred and twenty-five dollars,' peter Fail for winding up the clock, keepinfipelean the staircases, pas- sages, &c. And that the following'sums be, and the same are hereby appropriated, to wit: for a land fund, subject to . __ . J ~TZ - .4, , * ~ the ofders of his excellency the Governor, the sum of ten un' [no.173.] AN-ACT to appropriate Moneys for the Support of Go-, thousand dollars ; the sum of four hundred dollars to the To the ' vernment during the political year eighteen hundred keeper of the public armS) for cleaning, and furnishing ma- and twenty-six. r • terials, and taking care of all the public arms Which now are arms, w Be it enacted by the Senate and House of Representa-" or may hereafter be deposited in the arsertal. at Milledgeville, ALLEN B. POWELL,. ' President of the Senate. Assented to, June 11th, 1825. -»• Gk M. TROUP, Governor. APPROPRIATION ACTS. 65 To various during the present political year ; the sum of four hundred persons, dollars, according to a concurred Resolution, to William En- treken, a revolutionary soldier; the sum of four hundred dollars to John McKinnie, a revolutionary soldier, agree- able to a concurred resolution ; to Edward L. Thomas, Esquire, for examining and reporting to his excellency the Governor on the survey of the first district of Dooly, the suni of one hundred and fourteen dollars and fifty cents; for resurveying said district, eleven hundred and forty dollars seventy-five cents ; to Cicero Holt, late Solicitor General I of the Western Circuit, fifty-four dollars and thirty six cents ; *a cierk to the sum of five hundred dollars to the Comptroller General, uoiJe?°Gfr f°r purpose of paying for the services of a Clerk ; to «erai. Samuel Buffington, the sum of one hundred and ninety-four j dollars and seventy-five cents, it being the amount he has been compelled to pay unjustly into the treasury of this State'; to Additional John P. Booth, John W. Hooper, George Scott, Robert .S"1" B. Clayton, as additional Clerks in the office of Secretary of the Senate, six dollars each per day for the time they may be engaged in said office, according to a concurred reso- ^ro the So-lution ; tri Charles J. McDondld, late Solibitor General, !terahS sunl °f fQUr hundred and sixty-nine dollars and eighty- one cetits, for the collection of various sums of money, collected and paid into the treasury of this State, and for securing of large sums of money due the same ; to Yel- verton P. King, late Solicitor Genefal, the sum of six hun- dred and fifty dollars, for services rendered the State in Col- lecting and paying over to the treasury various sums of money, and also for carrying into judgment various debts, on which the State has granted to debtors indulgence in the Superior Courts o£ Greene and Putnam ; and the sum of one hundred dollars to John Eastwood, for the erpployi'ng a steamboat to remove obstructions frOm the river Altamaha, and Ocmulgee, up to Macon, five thousand dollars, under the direction of Thomas Wilcox, John T. Lamar, and S. C. Dunning ; to the Commissioners of the Road from the Locust Stake to Clarks- ville, in the County of Habersham,' two thousand dollars, agrheable to a concurred resolution; to Benjamin Wootan, thirty dollars eighty-two and a'balf cents, agreeable to a con- "vra. y. curred resolution ; to William X,. Hansell, late Secretary t.ianseii. Qf Senate, five hundred dollars, agreeable to a joint ^nd coricurred resolution ; to the Commissioners of the Oconee Navigation Association, three thousand dollars, agreeable dies for to a concurred resolution; and the sum of one hundred ^Courts" dollars to Eli S. Shorter, for holding two Counts extra in the County of Upson ; to Jesse McNeil, one hundred dollars. DUNCAN G. CAMPBELL, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate.,' Assented to, December 22d, 1825. G. j\l. TROUP, Governor. *0.174.] AN ACT to appropriate Moneys for the support of Go- vernment during the political year eighteen hundred and twenty-seven. W ppropria- ji Be it enacted by the Senate arid House of Representatives fg327. of the State of Georgia, in General Assembly met, and it is hereby enacted by th& authority of the same, That for the political year eighteen hundred and twenty-seven, the fol- lowing sums of money be, and the same are hereby appropri- -■alary of &ted, viz- :—the salary of his excellency the Governor shall ieGo- be three thousand dollars per annum ; the Secretaries of the e lis Secre- Governor, not exceeding three, one thousand dollars each per 'iecretary annum ; the Secretary of State, two hundred and fifty dol- f state, lars ; the Treasurer, fifteen hundred dollars per annum; ■ urveyor*' the Surveyor General, five hundred dollars ; the Comp- '"and"'* troller General, fifteeen hundred dollars; the Adjutant Adjutant General, two hundred dollars; the Clerk of the House of serais. Representatives, six hundred dollars ; the Secretary of the Senate, six hundred dollars; Provided, no warrant shall cierk of issue for the first quarter's salary of the Clerk of the House ^ ""ere- of Representatives, and Secretary of the Senate, until the gaerya°f-the Executive shall have satisfactory evidence that the said e" Clerk of the House of Representatives and Secretary of the Senate have respectively made or caused to be made and attached to the erigrossed journals of the present ses- sion good and sufficient indexes ; the Judges of th^ Supe- judges, rior Courts, twenty-one hundred dollars each ; the Attor- Attorney ney General, and seven Solicitors General, two hundred and o"s Gene-'* twenty-five dollars each ; for three Inspectors of the Peni- rai. tentiary, not exceeding two hundred and twenty-four dollars ofthfpeni- each: which said several sums shall be, and they are pa hereby appropriated for their use, to be paid quarter-yearly quarter- by warrant from the Governor on the Treasurer, out of any yearly- • money not specially appropriated. § 2. And be it further enacted, That for defraying the For defray- expenses 'of the Penitentiary, a sum not exceeding ten pen^o"* thousand dollars, be, and the same is hereby appropriated ; and for a printing fund, not exceeding twenty thousand dol- Printing - lars ; and the sum of twenty thousand dollars be, and the contingent same is hereby appropriated and set apart as a contingent Fund- fund, subject to the orders of the Governor, during the poli- tical. year eighteen hundred and twenty-seven. § 3. And be it further enacted, That for the compen- Pay of sation of the members of the Legislature, four dollars o^^Le- each per. day, during their attendance, be appropriated, gisiatare. arid the sum of four dollars for every twenty miles in com- ing to and returning from the seat of government; and the sum of six dollars each per day to the President of the Senate, and Speaker of the House of Representatives, during e" ^ their attendance, and the sum of four dollars for every twenty miles in coming to and returning from the seat of go- vernment; to the Clerk of the House of Representatives, and cierk and Secretary of the Senate, during the session of the Legisla- "ec,etary- ture, six dollars each per day, and the sum of sixty dollars for contingent expenses, each ; to thp two Engrossing Engrossing Clerks, and an Assistant Clerk of the Houseof Represents- CJwks>&c- tives, and three Engrossing Clerks in the Senate, six dollars each per day ; to the Clerk to the Committee on Finance, cieiks to one hundred dollars; and the Clerk of the Committee on [n^teesT the State of the Republic, one hundred dollars ; to the Clerk of the Committee on Public Education and Free Schools, and the Clerk of the Committee on Agriculture and Internal Improvement, the Clerk of the Commtftee on the Judiciary and Military Committee, eighty dollars each ; to the messengers and doorkeepers of the Legislature four Messenger dollars each per day during the session ; to.Rhodam A. keepers°°r Greene, the sum of one hundred and twenty dollars for airing, ^f^3™ A' scouring, and taking care of the Senate anrf Representative chambers, desks, carpets, &c., in the reCCss of the Legis- lature, and making fires on wet days; and to Peter Fair, Peter Fair, jr., the sum of one.hundred and twepty-five dollars for wind- ing up the clock, keeping clean the staircases, passages, &c. § 4. And be it further enarted, That the sum of three To cariion hundred arid sixty-two dollars and ninety-five cents be paid to Carlton Welborn, for extra services, in bringing up the services, unfinished business of the Surveyor General's office, by recording twentyjt!ivee hundred and fifty-three plats ; and 1 hat the following sums be, and the same are hereby appro- special ap- priated, to wi*: the sum of four hundred dollars to the keeper {SIXto va- of the public arms, for cleaning and furnishing materials, ""'is per- and taking care of all the public arms which now are, or suus' may hereafter he deposited in the arsenal at the seat of go- vernment, during the present political year; the sum of eight hundred dollars to William Triplett, Comptroller General, for clerk hire ; to Lovic Pierce, of Greene County, the sum According of three Hundred and sixty dollars, in lieu of thirty-six acres red°r^.o'~i- of University land, recovered by suit in Greene Superior tions- Court, agreeable to a concurred resolution of both branches of Assembly ; to William Schley, the sum of four thousand GG APPROPRIATION ACTS. dollars, being a balance due him of account of two tliou- eleventh day pf June, eighteen hundred and twenty-five, sand copies of the Digest of British Statytes, furnished the his excellency the Governor was requested to purchase and State on subscription of the Governor ; the sum of four procure the portraits of General Washington, General La hundred dollars to James Houston, in lieu of a bounty war-1 Fayette, Thorqas Jefferson, Benjamin Franklin, and General rant, pursuant to a concurred resolution. Oglethorpe ; and whereas, one C. R. Parker, having exe- Military § 5. And be it further enacted, That the sum of twenty cuted said likenesses, in a manner creditable to himself as l und" thousand dollars be, and the same is hereby set apart as a an artist ; , J . , , military fund. . , Be it enacted by the Senate, and House of Representatives Appropri,. For certain ' § Q..And, be it further enacted, That his excellency the of the State! of Georgia, in General Assembly met, and it jjoofy81" Governor be authorized to pay the balance due for making is hereby enacted by the authority .of the same, That the portrait ^ county, certain bridges in the county of Dooly, overNCedar Creek, sum of three thousand dollars' be appropriated, to the, said Swift Creek, Jones' Creek, Abram's Creek, and Deep Mill C. R. Parker, for his services, in taking of the abQveTnamed J^r' , Creek: Provided, the same is paid out of the unexpended portraits, out of any money in the treasury not otherwise Fayetw, „ sum of eight hundred dollars, and no other fund appropri- appropriated, and that his excellency be requested to - issue ^l0dr^el4' ated for that purpose at the last legislature. , ' his ivarran^. on -the 'Treasurer ip - favour ot the said C. R. Poor § 7.' And be it further .enacted, That the sum of four Parker, fpr the above sum pf three, thousand dollars. , Fund.) thousand one hundred and eighty-one dollars bp appropri- , IrRY HUDSON, / ated Out of any moneys now in'the trpasury, not otherwise/ - Speaker ;of the HouSe of Representatives, appropriated, in addition to the b^nk dividends and other ' 'y' ' ! ' •, ! THOMAS STOCKS, nett proceeds of the poor school fund for the present year, • ' ■ . , ' r . President of the Senate. „ so as to make the sum, of twenty thousand dolfers to" be dis- Assented to, December 5th, 1826. a v ' tributed among the different Coyiities of this, State,, as thy , ' G. M. TROUP, Governor. poor school fund is now directed by law. j < " ' . • * < Adjutant §8. And be it further enacted, That the sum of two hun- . 1 " tSe,,eraK dred and sixty dollars and forty-one cents be appropriated to AN ACT to} appropriate Moneys for the support of[m.\%.j . John C. Easter, for his services as Adjutant General, from, Government, for the political year eighteen, hundred the first Monday in November, eighteen hundred and twenty- , and twenty-eight. tlV?'„t0 'he of December, game year. . Be -f enacted y the Smate and o/ ^epreseMa. Form-am § 9. And be it further enacted, fi hat the sum ofYourthou- ff,,es of theState 0f Georgia, iri General-Assembly ^ uia. sand and seventy-five dollars be, and ihe same is hereby, ap- ^,it henlid ^ authority of the same, That "?** propnated for the use of the academiesof the countiesoft|ls;.f„Uowi„g,sutng 0f>:„10ney. be, and the same are hereby Taliaferro, Baker, Butts, Thomas, and Lowndes, the n». ipproj(rirethf faithful appbcation of said appropriation. • y feach : whic^t several "sums .shall be, and they are hereby ' ^ § ,11- And'beit further enacted, That the-sum of twenty-- appropriated for their use, to be paid quarter-yearly by war- aunner- iitp-uteef. hundred, dollars be appropriated as, a salary for one year, r;int; from the Governor on the Treasurer, out of any money S'm" for the Chief Engineer, to commence, from-and after the not specially appropriated. . ' '- expiration of the year for .which .the. present incumbent is § 2. ,And be-it further enacted, That,.for defraying the Fordefra, appointed,, and that be draw the same,quarter-yearly? in the expenses of the Penitentiary, a sdrri not exceeding five thou- >ng the«- same manner of other salary officers, . . - sand, be, and the-same'is, hereby appropriated^ and for a the m- § 12 And be it further enacted. That the sum of one, printing fundi not exceeding twenty -thousand dollars;^ hundred dollars be paid to Joseph Delk, agreeableJx) a con- arjd'>the sum pf twenty thousand dollars-be; and the "same ° curred resolution. - IRBY KUDSON, jg hereby appropriated, and set apart.as a contingent fund, Fund."rut Speaker- of the Housp of R^psentatives, subject to the orders of the Governor, during "the political. . . . ir MAS &lOOtxS, y^ar eighteen hundred and twenty-eight* President of the senate. t % And be it further enacted,'That for the c'ompensa- pay of Assented to, December 26th,'1826. , tion of the members of the Legislature, four dollars each ^1!^/ ^ G. M. 1KOUP, Governor. per day, during their attendance, be appropriated, and the lature.' r A AT 1/^m 1 • 7^" , ■ -L rt T> sum of four dollars for every twenty miles, in coming to, ^ ACT to appropriate Money to reimburse C. R. and returning from, the seat of government; and the sum Parker for the taking of the portraits of Washington, 0f six douars eachi per day, to the President of the Senate, Preside,.. f ranklin, Jefferson, La Fayette, and Oglethorpe. and Speaker of the House of Representatives, during their £r"d Speal Preamble. Whereas, by a resolution of the Legislature of the attendance, and the Sum of four dollars for every twenty APPROPRIATION ACTS. 67 miles, in coming to, and returning from, the seat of govern- Clerk and ment; to the Clerk of the House of Representatives, and Secretary. gecretary of the senate, during the session of the Legis- latuye, six dollars each per day, and the sum of sixty dollars Engrossing for contingent expenses each ; to the two Engrossing cieike, &c. Q]erj-S> anj an Assistant Clerk of the House of Repre- sentatives, and two Engrossing Clerks in the Senate, six cierks to dollars each per day; to the Clerk of the Committee on miueeT' Finance, one hundred dollars ; and Clerk of the Committee on the State of the Republic, one hundred dollars; and Clerk to the Committee on Agriculture and Internal Im- provement, the Judiciary, and Public Education and Free ■Messengers Schools, eighty dollars each ; to the Messengers and Door- k''eper&°r keepers of the Legislature, four dollars each per day, during RhodamA. the session: to R. A. Greene, the sum of one hundred Greene, dollars for airing, scouring, and taking care of the Senate and Representative Chambers, and making fires oh wet Pewr Fair, days ; to Peter Fair, jun., the sum of one hundred dollars, , for winding up the clock, keepmg clean the staircases, ro the passages, &,c.; to Martin Simmons, for services as crier to :Macon lots, the Commissioners appointed tq sell lots in Macon, for the year eighteen hundred and twenty-six and seven, the sum of Special ap- twenty-five dollars; eighteen dollars to Messrs. Rose and ao°ns?a -Blade, for publishing the laws regulating pedlers and itinerant traders; to General Charles Phillips, ,two hundred and eighty-five dollars and fifty cents, for laying out and marking a number of lots, in the town of Macon, and making out three general plans, and three sets of field notes of said survey, and returning the same urtder the direction of the fiTo Lamar commissioners 6f the town of Macon ; to Lucius Q. C. andvari'ous Lamar, and Richard K. Hines, two thousand dollars, for other per- ascertaining the amount of balances due by Solicitors, cording to and other officers in the Ocmulgee Circuit for fractions, resolutions ^c* » t'le sum twenty thousand dollars for the enlarge- ment of the State House, subject to the order of the Gover- nor, agreeably to a concurred resolution ; the sum of two thousand dollars, for repairing and furnishing the Govern- ment House, agreeable to a concurred resolution ; to Abner Bartlett, the sum of two hundred and forty-two dollars and fifty cents, agreeably to a concurred resolution ; to Spencer Phillips, the sum of twenty-four dollars and fifty cents, agree- ably to a concurred resolution ; the sum ofone hundred and, thirty eight dollars seventy-six and a half cents, to Benjamin F. Harris, Solicitor General of the Flint Circuit, agreeably to a concurred resolution; to the assistant Engrossing Clerks, efnployed by the Secretary of Senate and Clerk of the House of Representatives, by direction of the General Assembly, six dollars each per day while in service ; to James Kindrick, the sum of four hundred and eighty-seven dollars, for surveying the sixteenth .district of Carrol, and for his expenses in being prevented by the Indians in sur- veying the twelfth district of Carrol; to William Ashley, jun., in full for his services in examining the tenth district of Irwin, under an executive appointment, six hundred and ninety-two dollars ; to Elijah Byne, of Burke County, two hundred dollars, to reimburse the loss of a compass, and extra expenses incurred by reason of the Hostile interruption of the Creek Indians, in the month of May, 1827, while he was engaged west of the Chattahoochie, as a surveyor of the public lands of this State ; the sum of one hundred, and forty dollars and twenty-five cents, to James A. Rogers, to cover his expenses while he was prevented by the Indians from the duties of his office, as surveyor of the ninth district of Carrol County ; to Absalom Holcombe, surveyor of the eighth district of Carrol County, twenty-two dollars, for his expenses occasioned by being stopped by the.Indians from his survey ; the sum of two hundred dollars, as a compensa- tion to the armourer, for cleaning four hundred stand of mus- kets, collected from different parts of the State, together with swords, pistols, &.c. ; the sum of nine hundred and forty-nine dollars, to Rufus K. Evans, for repairing the 12 Macon Bridge; to William Triplett, late Comptroller to Wii- General, for his services in making out an inventory of the books, bonds, ndtes, &c. in the Comptroller's office, four troiW Ge hundred dollars; to Peter Flournoy, for partitioning lotnera1' number one hundred and forty-two, in the fifth district of Monroe County, five dollars ; to Jobn M'Tyre, two hundred and eighty-seven dollars, agreeable to the report of the Committee on Finance, and concurred in by both branches of the Legislature ; to each of the witnesses, three dollars To the wit- a day, who attended under subpoenas on the charges pre- auended'10 ferred in the House of Representatives against the Honour- ,rial able Moses Fort, Judge of the Southern Circuit, and testified charges before the Committee ; that the sum of three dollars be paid each of said witnesses for every twenty miles they have Judge Fort, travelled, in going to and returning from the seat of Govern- ment for that purpose ; also, the sum of three dollars for every twenty-miles travelled, be allowed and paid to the messengers who may have been employed in summoning witnesses on the aforesaid charges; and to the messenger who attended the said Committee, three dollars per day ; to the Clerk appointed by the special Committee to examine into the charges exhibited against Judge Fort, six dollars per day during the time he was so employed, subject to ap- proval of the examining Committee ; to the Commissioners To the of the late land lottery, five dollars per day each ; and to the Clerks employed in the said lottery, five dollars a-day each, ll^and agreeable to a concurred resolution of both branches of the *" Legislature; a/id to Henry Darnal, the sum of five dollars per day, for his services as doorkeeper to the Commissioners of the late land lottery ; to Daniel Newnan, late Secretary of State, seventy-six dollars and fifty cents ; to Carlton Wei- To Carlton born, late Surveyor General, sixty-three dollars and seventy- l^yor five cents ; to James Bozeman, late Treasurer, twelve dol- General., lars and seventy cents ; and to William Triplett, late Comp- troller, twelve dollars and seventy-five cents, for issuing fifty- one grants for fractional surveys, sold by the Sheriffs of Walton, Gwinnett, Hall, Habersham, and Rabun, under an act of eighteen hundred and twenty-three. § 4. And he it further enacted by the authority aforesaid, To^Mr?. That the sum of five hundred and nineteen dollars and Purges,the twenty-five cents be paid to Susan Sturges, as the widow pj4doi^of and representative of Daniel Sturges, deceased, which shall sturges, be in full satisfaction for all services by him rendered to the State of Georgia ; and also in full satisfaction for.the reduc- nerai. tion of his fees upon grants under the act ot eighteen hun- dred and twenty-one : which said sum, when so paid, is to be subject to the legal claims of the heirs or creditors of the said Daniel Sturges. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. AN ACT to appropriate Moneys for the support of [no.177.] Government, for the political year eighteen hundred and twenty-nine. Be it enacted by the Senate and House of Representatives ^sr^rr|a"e of the State of Georgia, in General Assembly met, and it is jeariaM. hereby enacted by the authority of the same, That the follow- ing sums of money be, and the same are hereby appropriated for the political year eighteen hundred and twenty-nine, viz. —the salary of his excellency the Governor shall be three salary of thousand dollars per annum; the Secretaries of the Go- ^ern^°" vernor (not exceeding three), one thousand dollars each per HisSecre-, annum ; the Secretary of State, two thousand dollars ; the Secretary Treasurer, two thousand dollars; the Surveyor General, two thousand dollars ; the Comptroller General, two thou surveyor sand dollars ; the Clerk of the House of Representa- tives and Secretary of the Senate, six hundred dollars nerais. 68 , APPROPRIATION ACTS. cierk of each; Provided, that no warrant shall issue for the first were employed, agreeable to the certificate of the Trea* quarter's salary of the Secretary of the Senate and Clerk of surer ; to 1 hon.as- Mitchell; tlie sum of one thousand and J.™*, tnry of the the House of Representatives, until the executive~shall sixty-five dollars, for surveying islands in the Chattahoocnie Burner, tua,e" have satisfactory evidence that the said Secretary of. the river, under an executive appointment and order, subject to Senate and Clerk of the Rouse of Representatives have re- a deduction for all advances heretofore made to him by the spectively made, or caused to be made, and attached' to the Cioverhbr'; to Thomas W bite, one hundred dollars, agree- journals of the present session, good and sufficient indexes ; able to a concurred resolution ol both branches of the Judges. the Judges of the Superior Courts, twenty-one hundred "dol- Legislature'; that the sum o'f tvyo hundred dollars be ap- and°so?kit-^ars eacb > t'ie Attorney General, and seven Solicitors propriated and subject to the, order of the Commissioners o^sGene- General, two hundred and.twenty-five dollars each ; for the pf'Savanhah River, residing in the Counties of Richmond, inspectors Inspectors of the Penitentiary, not exceeding three, two «nd Columbia, tp enable them to keep opoqthfe main sluice nftenliary6" hundred and twenty-four dollars each ; which several sums of Said,'river, by the removal of fish-traps,^sh-dams, and Payable shall be, and they are hereby appropriated for their use, to other artificial obstructions m said nyer ; to l . . Howard, Tot.b. J5gT be P«d quarter-yearly, by warrant from the Governor ,on Comptroller^General, fout hundred dollar^ for preparing a Howard, the Treasurer, out of any money not specially appropriated, list of balances due the State, made in pursuance of a re- Iwg«. For defray- § 2. And be it further enacted, That for defraying the ex- solution of,the Legislature,approve^ 22d December, 1826* - ; pensesfof*" penses of the Penitentiary, a sum not* exceeding five thou- Elnd,furnished the Committee on-Finance during the pre- tentiarv'" sand dobars be> and the same is hereby appropriated; knd sentsession. 1 \ ^ . Priming for a printing fund, not exceeding twenty thousand dollar's ; § 6.; And be it further- enacted, .That the ^um of oneToFrrde- contingent and tbe sum of twenty thousand dollars be, and the same.is hundred dollars fce paid to Frederick Williams, surveyor, of ljarns a"" Fund.0 hereby appropriated and set apart aS a contingent fund, the Sixteenth district of Carrol County, agreeable,to a eon-Surve)or. subject to the orders of the1 Governor, during the political, curred resolution^ to the assisting'Engrossing Clerks,^em- year 1829. . • 'ployed by, the Secretary of the. Senate and Clerk Of the iwemtfrs f § 3. And be it further enacted, That for tjie compeinsa- House of Representatives, ,by direction of the General theLegis-0 tion of the members of the Legislature, four dollars,each spmbly, six dollars each per day, tvhile in'service. - •• , lature. per day; during their attendance, be appropriated, and the §,7. And be it further enacted, That-the sunrv of 'seven Appropria- , sum of four dollarsTor every twenty miles in iCoiping to, and thousand three .hundred and thirty-five dollars be, and tfie returning from, the seat of Government; and .the sum of > same is, hereby appropriated-for the use of tfie academies demies, er. six dollars each per day to the President of the Senate and of .the, counties of Carrol, Coweta, Troup, Meriwether, Speaker of the House of Representatives,-during their at-, Harris, Talbot* »Musc6gee, Marion, and Lee, the same to tendance, and the sum .of four dollars for eVefy twenty ' be equally divided and paid over to4he'.trustees of the acar To bedwi- miles in coming to, and returning from, the seat of Govern-1 demies of the aforesaid counties, bding their endowments to eo-Ml' Secretary ment ? to the Clerk of the House of Representatives and place them on a fooling with the other counties of the State Secretary of the Senate, during the session of the Legisla- that have received the Tike sum,; and thse further sun) of one To John ture, six dollars each per day, and. the sum pf sixty dollars hundred arid ninety-six- dollars fifty cents.tO John Betbune,Bethuiie' Gferks^&c for contingeht expenses each ; to the Two Engrossing Clerks agreeable to a concurred resolution ^ to Carlton Welborn, ^ - el s' c" and an Assistant Clerk of the House ;of Representatives, threte hundred and fifty dollars, agreeably to a concurred re- and two Engrossing Clerks in the Sbnate, six dollars each solution.; tdGeorge R.pia'ytcm,.'fifty'dollars, agreeable toToGeoip tbeCom Per" 0.178.] AN ACT to appropriate Moneys for the Support of Go- Agriculture and Internal Improvement, Public Education, i vernmentyfor the political year eighteen hundred and and Free Schools, eighty dollars each ; to the Clerk of the ' thirtu. Joint Committee on the Penitentiary, eighty dollars; to Messengers the messengers and doorkeepers of the Legislature, four keepers?01 \ppropria- Be it enacted by the Senate and House of Reyresenta- dollars each per day during the present session ; to Henry Henry ear Sohe ^ of the State of Georgia, in General Assembly met, and it Darnall, the sum of one hundred dollars, for airing, scouring, Darnal1- is hereby enacted by the authority of the same, That the foF and taking care of the Senate and Representative chambers, lowing sums of money be, and the same are hereby appro- and making fires on w et days \ to Peter Fair, the sum of Peter Fair, priated for the political year eighteen hundred and thirty, one hundred dollars, for winding up the clock, and keeping wary of viz.—the salary of his excellency the Governor shall be three clean the staircases, passages, &c. Srmir! thousand dollars per annum ; the Secretaries of the Go- § 4. And be it further enacted, That the sum of three Arsenal at lis Secre-vernor (not exceeding three), one thousand dollars per thousand dollars be, and the same is hereby appropriated for Savannah' 'Secretary annum ; the Secretary of State, two thousand dollars ; the completing the arsenal in the city of Savannah. ' rreasu'rer. Treasurer, two thousand dollars ; the Comptroller General, § 6. j^nd be it further enacted, That the sum of eight Randolph ■ \>mptroi- two thousand dollars; the.Surveyor General, two thousand hundred and fifteen dollars be, -and the same is hereby ap- Acaden)y- Purveyor dollars per annum; the Clerk of the House of Repre- propriated for the use of the Academy of Randolph County, ^lTrkof' sentatives afld Secretary of the Senate, six hundred dollars to be paid over to the trustees of said academy, the same he House each ; Provided, that no w arrant shall issue for the first being an endowment to place said county on an equal foot- ^enfatlves, quarter's salary of the Secretary of the Senate and Clerk ing with the other counties of this State that have received ad of«e ot H°use RePresentatives> until the executive shall the like sum ; to S. J. Mays, of Clark county, twelve dol- special ap- me° '"e~ hive satisfactory evidence that the said 'Secretary of the . lars and fifty cents, pursuant to a concurred resolution; Senate and Clerk of the House of Representatives have also to Turner H. Trippe, esq., the sum of ninety dollars, certain per- respectively made, or caused to be made, and attached to the pursuant to a concurred resolution; to the Inspectors of ToUie in- journals of the present session, good and sufficient indexes; the Penitentiary (not exceeding three), two hundred and ®^peni.of ludges. the Judges of the Superior Courts, each, twenty-one hun- twenty-four dollars each per annum; to Benjamin F. tentiary. "«id°So?icit ^rec* ^°^ars Per ar)num 5 Attorney General, and seven Hardeman, Solicitor General of the Northern Judicial Ci'r- Je?SoM.OUS Cs Gene?1 Solicitors General, two hundred and twenty-five dollars each cuit, one hundred and fifty-seven dollars, agreeably to a con- sal- per annum. curred resolution ; to Anne M. Bostick, agreeable to a § 2. And be it further enacted, That for the printing fund, concurred resolution, the sum of ten dollars and sixteen u un ' not exceeding twenty thousand dollars ; and the further sum cents ; twenty-six dollars twelve and a half cents to Martin Fund"26"1 twenty ^10usand dollars be, and the same is hereby ap- N. Burch,agreeable to a concurred resolution; to Richard propriated and set apart as a contingent fund, subject to the L. Simms, Solicitor General of the Flint Circuit, one hun- orders of the Governor, during the political year eighteen dred and twenty-seven dollars and fifty cents, being the hundred and thirty. ■ amount of his commissions for collecting for the State five W of § 3. And be it further enacted, That for the comjpehsa- thousand and eleven dollars twenty-five and a half cents ; r.of6the6i>e- tiori ofthe members of the Legislature, four dollars each per to Alstqn H. Greene, Of De Kalb fcounty, the sum of twenty frgisiature. during their attendance, be appropriated, and the sum dollars and sixty cents, agreeably to a concurred Resolution ; of four dollars for every twenty miles in coming to and re- to the Locust Stake Road, five hundred dollars, agreeably f turning from the seat of government; and the sum of six a concurred resolution. ^fmdTeak dollars each per day to the President df the Senate and § 6. And be it further enacted, That the sum of eght To Camp- pe Speaker of the House of Representatives, during their hundred and fifteen dollars be, and the same is hereb^ ap- AcadSJ? attendance, and the sum of four dollars for every twenty propriated for the use of the Academy of Campbell Cdinty, miles in coming to and returning from the seat of govern- to be paid over to the trustees of said academy, th' same cierk and ment; to the Clerk of the House of Representatives, and- being an endowment to place said county on an equal foot- ecretary. gecretary cf the genate, during the session of the Legisla- ing with the other counties of the State that have received ture, six dollars each per day, .and the sum of sixty dollars the alike sum. Engrossing for contingent expenses each ; to two Engrossing Clerks, WARREN JOUR^AN, cieiks, &c. an^ one ^ssistant derk, of the House of Representatives, Speaker ofthe House of Representatives. and two Engrossing Clerks in the Senate, six dollars each THOMAS STOCKS, cierks to per day ; to the Clerk of the Committee on Finance, eighty President of the Senate, li'fttees?" dollars; to the Clerk df the Committee.on the State of the Assented to, December 22d, 1829. Republic, eighty dollars ; to the Clerk of the Committee on GEORGE R. GILMER, Governor. r 7° 3 BANKS. [no.179.] AN ACT to alter and amend the fourth section of an or received in deposite by the Bank of the United States, Act passed the 19th of December, 1819,'Zo prevent the ' or the branches thereof , if the said bank or the circulation of notes emitted by unchartered banks, and ' branches, thereof shall demand the same'to be redeemed the issuing of due bills of certain descriptions, and to in specie. , 7 compel the chartered banks of this State to resume spe- z l. Be if enacted by the Senate and House of Representor The biiii cie payments, whenever the Bank of the United States, tive$ 0ft/ie State of .Georgia, in General Assembly met, and it and the banks of the adjacent States, shall commence , is hereby enacted by'the authority of the same, That from and the Bank specie payments; and also to require them to redeem after -the first day of January,next? the bills, and'notes offij their notes under five dollars with specie or change bills, either of the banks incorporated by the General Assembly ^ich ha« issued by some one of the chartered banks. < of the State of Georgia, which shall have been issued or oremay\ That so [Be it enacted by the Senate and House of Represents which may be'hereafter issued, .and which 'shall be there,if- S&3 IhefSurth fives of the State of Georgia, in General Assembly^ met, ter collected, acquired,purchased, or received in deposite by be received uifrerited and i( is hereby enacted by the authority of the same,] That the Bank' of the United Stgteg, or either of the branches of j" J5 act as may so much of the fourth section of the above-recited act,, as said bank, shall not be redeemable in specie, when specie'^JJ- Sued'to may be construed to give a right to the Bank of the United be' demanded for the'.same by an office^, attorney, shannon* authorize^ States to recover twenty-five, per cent, per annum, upon any. broker;, -or other -agent uf the Bankpf tye United States, br [®dgepeefflcf st!tesmt amount of bills of the State banks held by the United States' either of the branches thereof, unless,the person presenting whe.id* ?over 25re" Bank> in case of refusal on the pkrt of the State banks to pay the bills or notesrof either df the banks incorporated by. the ^.Wan percent, specie for the same, be, and the samp is hdreby repealed.,: General Assembly of Georgia, and demanding specie for * &c. repeal- DAVID'WITT, the same, shaft-make'oath in writing before a judge, jus- uniessW Speaker of thp House of Representatives! tice, or magistrate, that the hills or ootes upon which a de- JJJJf MATTHEW TALBOT,' mandifor specie shall be in ad e, are, bona fide, the property . < , President of the Senate,, the. Bank of the United States, and were not collected, Assented to, December 22A, 1820.' " acquired, purchased, dr received in deposite by the Bank of • JOHN CLARK, Governor, the United States, oroither of-the: branches-of said bank, , ' , , for the purpose or with any intention; either directly or indi- [no.130.]AN ACT to repeal the fourth section of an Act passed rectly, to demand or to draw specie frond the bank, which 19th December, 1816, to prevent the circulation 'of may'havb issued,, or may hereafter issue, the notes or .bills notes emitted by unchartered tanks, and the issuing of and required tobe redeemed in specie. . • ■ • due bills of certain descriptions, and 'to' compel the § 5" be chartered b^nks of this State to ^ specie^ ^JS^Z3SSSS^^t.t whenever, the Bank of the United States, and tjie hanks of G^r?k. an(, ^. intk„a cashier<,r.the bank ftpon 5W of the adjacent States,shall commence specie payments ; which t[ie, demand sha1l be made shaft aspect or believe and also to require of them to redeem their notes under that the person, demanding specie,'is the .officer, attorney; pe«°n jve dollars, with specie or change bills,issued by .some broker, or,other agent of the Bankof the United States, or theafem" fi>e of the chartered banks. , , . ' ,, • of either of the branches thereof, that it shall be lawful for ^'g^' The rea- , § 1 Be itenacted by the Senate and House of Representa- thb president or cashier of the hank from whioh ^ppcie shall Bank, on fourth'sec- ^ves *£ State t of Georgia, in General Assembly met,t be'demanded, to require the1 person1 making the demand to tion of the and it it. hereby enacted by the authority of the same,. That take an oath before a judge,'justice, or -magistrate, in the haring aCl tke reas°03 wiiich induced 'the passage o,f the aforesaid pre'seiide of said president or cashier, that he is.n'ot acting"oath, ceased^o fourth' section of the above-recited act having' long since as the-officdr, attorney, broker, of agent of the Bank of the same is** ceased fa exist,"and its operation being found not only to United States, or either p.f the branches of said. bank,, either bU"repeai-' benefit personscalling theinselves brokers and lottery ticket directly ;br .indirectly, and that the Bankof the United States ed. sellers, to.\hq>f^featinj'iia*y of the chartered banks of thd. State; is iu tiowi&e either directly or indirectly interested or con- - the'samo btk aM is thereby fully repealed to all intents -and cerned ip the bills or notes which are presented and de- purposes, any flaw to; the Contrary notwithstanding . .Pro- marbled to hepaid in specie; and if any person shall refuse The Bank Nothing in videdi, nevertheless^ that nothing in-thisf act, contained shaft to take said-oath, it shall be lawful for the bankfrom'which Soarizet0 be construed as ^authorize, said banks do refuse-the pay- specie shall be demanded, to refuse the payment of the pnymo»g. the Banks nient of specie. \ ' • same, and the bwner of the bills'or notes shall forfeit all paj^specie^ y\- ' DAVID WITT, . ; interest whiph plight otherwise be recovered from either of Speakqrbf the House of Representatives, the banks incorporate^} by the General Assembly of Georgia \ MATTHEW TALBOT, jfor a refusal to redeem their bills and notes in specie : Pro• President of the Senate.' vided, that the president, cashier, or other offiper of the local Fe(,g0fttie . Assented to, May 16th, 1821. bank that , may demand' and require any person demanding person re- ' • 1 JOHN CLARK, Governor, specie from such baak, shall first pay to the judge, justice, administer — , or magistrate, his fees, for such oath or affidavit so required ^hu> [no.181.] AN ACT*1 to regulate the intercourse between the banks by them to be made, agreeable td the provisions of this and pa' ' incorporated by the General Assembly of the State of first section of this act.'. Georgia, and the Bank of the United States, and the § 3. ■ And be it further enacted by the authority aforesaid, branches thereof, so far as regards the demands wiiich That after the first day of January next, whenever the Bank shaii"C may be made for specie by the latter upon the former, °f the United States, or either, of the branches of said and exempting the bills and notes of the batiks incor- bank, shall denia,nd specie for any bill's or notes which have the first of porated by the General Assembly from bearing inte■ t>eei?is3ued or which may be hereafter issued by either of rest when they shall be collected, acquired, purchased, 'he mc»rPwnin<' ant* hereby required, on application of the plaintiff, his nock. ?rcj agent, or attorney, to endorse on said execution a levy of 'jKiM'iff^ ^ie number of shares belonging to the defendant, and after mail do. advertising the same agreeably to the law regulating Sheriffs' sales, shall thereafter proceed to sell the said shares or flow to be stock; Provided always, that he shall set up one share at a °u!d' time, and shall sell no more than is sufficient to satisfy the amount of executions then in his hands. When a § 3. And be it further enacted by the authority aforesaid, ^ndmsed ^at when anY constable shall have any execution placed in by a con- his hands against any person who is the owner of any fhailn.rn shares or stock in any bank or other corporation in this nvp/m'the ®tate' ^ ke lawful* arKl be is hereby required, on the slieriff;&ce application of the plaintiff, his agent, or attorney, to endorse a levy on said execution or executions in like manner ; and it shall be his duty to make return ofthe same to the Sheriff of the county in which he lives, which said Sheriff shall pro- ceed to sell as pointed out by the second section of this bill. § 4. And be itfurther enacted, That when the Sheriff or in case of his deputy shall sell any shares in any bank or other corpo- ^ckte to* ration- in this State, he shall give a certificate of such sale |£e^v®rn to the purchaser. chaser.1 § 5. And' be it further enacted^ That the officer of the The Bank bank or other corporation, whose duty it may be to makemakea* transfers of stock on the books of the bank or other corpo- j[an|tfa[kof ration, shall, and he is hereby required to make a transfer of thus sold the stock purchased under this act, to the purchaser of the books^ same, upon his, her, or their producing certificate or certi- ficates to the said officer. § 6. And be it further enacted by the authority aforesaid, Notransfer That any transfer made by the defendant of his bank or other [he defend- stock, after judgment obtained against him or her, shall be void : Provided, that notice of the obtainment of such judg- shall be ment be served on the cashier of such principal bank, or any provided, of its branches, or the proper officer of such other corpora- notic® be ... 1 , /. -.-1 , • , • j served on tion, within twenty davs after said judgment is obtained. the Cash- ALLEN DANIEL, ier Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1822. JOHN CLARK, Governor. AN ACT to repeal an Act, entitled "An Act to regulate Oo.i83.] the intercourse between the Banks incorporated by the General Assembly of the State of Georgia and the Bank of the United States, and the branches thereof so far as regards the demands which may be made for specie by the latter upon the former, and exempting the Bills.and Notes ofthe Banks incorporated by the General Assembly from bearing interest, when they shall be collected, acquired,purchased, or received in de- posite by the Bank of the United States, or the branches thereof, if the said Bank, or the branches thereof , shall demand the same to be redeemed in specie " Be it enacted by the Senate and House of Representa- Repealing tives of the State of Georgia, in General Assembly net, c ause' and, it is hereby enacted by the authority of the same, That from and after the passage of this act, the above-recited act, and every part thereof, be, and the same is hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of tie Senate. Assented to, December 20th, 1824. G. M. TROU?, Governor. AN ACT to incorporate the Bank of Macon. [no.184.] Whereas Harrison Smith, President, Timothy Matthews, Preamble. Oliver II. Prince, Rice Durrett, John T. Lamar, John Davis, John T. Rowland, Luke Ross, and James Flewellen, Directors of the said Bank, have petitioned the legislalure that they, the said President and Directors, and others the stockholders of the said Bank, may be incorporated under the name of "The Bank of Macon;" and whereas it is deemed expedient that the said company be incorporated under proper restrictions;—therefore, Be it enacted by the Senate and House of Representa- iTie^Bajik tives of the State of Georgia, in General Assembly met, established. and it is hereby enacted by the authority of the same, That the said Harrison Smith, Timothy Matthews, Oliver H. Prince, Rice Durrett, John T. Lamar, John T. Rowland, John Davis, Luke Ross, and James Flewellen, with all such persons as are now or may hereafter become stockholders 72 BANKS. I ^ in the said company, be, and they are hereby incorporated until the sum of fifty thousand dollars in gold and silver coin its stylo, and made a body politic, by the name and style or " The shall have been actually received on account of the subscnp- President, Directors, and Company Of the Bank of Macon ;" tions of said stock, and deposited in said bank. Shall conti- and so shall continue until the first day of January, one thou- § 3. For the well ordering of the affairs of the said cor- the6year san(* e^§ht hundred and fifty ; and by that name Shall be, and poration, there shall be nine directors chosen annuklly, on auy^ 1850. are1 hereby made able and capable in law to have, purchase, the first Tuesday of October iri each year; the first elec- The^firtt leges.prvi" receive, possess, enjoy, and retain, to them and their sue- tion to be on the first Tuesday in October, one thousand ^ cessors, lands, rents, tenemerits, hereditaments, goods, chat- eight hundred and twenty-six, until which time the present tels, and effects, of what kind, nature, or quality soever, and board of directors shall continue, in office. ' * the same to sell, grant, demise, alien, or dispose of; to sue § 4. In all future appointments of directprs, the number The nun and be sued, plead and be impleaded, answer and be , an- of votes to which each stockholder Shall be entitled, shall be eachst^ swered, defend and be defended, in courts of record, or ahy according to the number of shares Jield, in the proportion other place whatsoever ; and also to make,1 ha$, and use a following ; that 13 to say, for one share, and not more than According common seal, and the same to break, alter, and renew at two shares, one vote ; for every two shares-above two,.and j£}h0e,.nuift' ' their pleasure; and also to ordain, establish, and put in exe- not exceeding ten,, ope vote; for every four shares' above (share* cution such by-laws, ordinances, and regulations, as shall ten, and riot exceeding thirty, one vote j for every six shares seem necessary and convenient for the government of the above thirty, an,d not exceeding sixty, pne, vote; and for said corporation, not being contrary to the laws or to the every ten shares above one hundred, one vote. But ho per- No peww Proviso, constitution of this State; or of the United States, or re- son, corporation, copartnership^ or body politic, shall be en-yoncoel^rj- pugnant to the fundamental yules of this corporation, and -titled tof more than thirty votes; and no share or shares Ued to generally to do and execute all and singular such acts, shall confer a right of suffrage, which , shall not have been Ih?ity 1,11 matters, and things, which to them it shall or may appertain , holden three caleridar months pre vious to the day of election, to do ; subject, nevertheless, to the rules, regulations, re- arid unless it1 be holden.by the person in Whose name it ap- entitled to strictions, limitations, and provisions, .hereinafter prescribed ^ears absolutely and bona fide in his own right, oy that of Jehew'Se and declared. ' ' " . . his wife, or as executor,'or administrator, or guardiah, or shareor Sub3crip- , §2. And be it further enacted, That the subscription for in the right and use of some copartnership, corporation; or three* opened atbe constituting and collecting the capital stock of'said bank society, of which he-.or she may be a member, and not in ing placid slla^ ke °Pene^ on the first Monday in March next, at the trust for, or for the use of, any other person. Any stock- . By whoV following places, and under the superintendence-of the per-" holder, absent may authorise, by power of attorney, under • tended!* sons hereinafter named, or a majority of them, at each place, seal, any other person to vote for him, her, or them, in Macon, to wit: at the town of Macon, for ten, thousand shades of said §5. A fair and correct list of the stockholders shall be A list of stock, under the direction and superintendence of John T» made out at. least-two weeks before ady. election of direc- tr^tobe Rowland, Harrison G. Smitli, and John T. Lamar ; alsO for tors, to be submitted to the. inspection of any,stockholder Savannah, the same purpose in the city of Savannah," for six .thousand who.sfyall'rpciuire to see the same, to the end that public iri- eiecikm. shares of said stock, under the direction anfl superintendence formation may be, given to the parties concerned of their co- of Wiffiam Gaston, Joseph Cumming, and JB; G. JLamar ; proprietors and. stockholders;; and to prevent a division of Augusta, also, and for the same purpose, in the city of Augjusta, toy six shares, in order to obtain to the person or persons dividing thousand of said shares of said stock, under, the direction them an undue influence,'the managers of elections for di- and superintendence of Peter Benriock, John Campbell, rectors shall administer to every stockholder offering to vote, and Abiel Camfield ; also, and for the same purpose, in the the following oatl(;You, A. B , do swear (or affirm), that Eachsio* viiieedse" *ow" Milledgeville, for three thousand shares of -said ,the stock you noW represent is bona fide your property, and V1 e- stock, under the direction and superintendence of Tonalinson that ypu are-a- citizen of the United -States, and that ,no ^au Fort, Littleton Atkinson, and Thomas W* Baxter. The other pprspn or persons is or are concerned therein," And subscrip- ^ooks subscription' at each of said .places shall be kept ,to any perspn votirig by proxy, or for a minor," or in right of, tion to be °peii for the space of thirty days, during which time it shall or in trust, fqr, any other person pntitled to vote, the follow- 'u^tydays. ^ W he lawful for any persdn or copartnership, being ing oath.: " You, Ai.B., do swear, (or affitm), that the stock Oaii. Lilnitirf' c^'zeriS °f thri United States, to subscribe for any numoer of .C. D., whom you now represent, is, to the best of your- to one bun- of shares, not exceeding one hundred ; Provided,tliat if the knowledge and belief, the property .of the said C. D., and Mmres. wh°'® number Of shares be not taken up within the space that he is a cjtizen of the United States, and that no other Proviso, of thirty days, then and in that case it shall and , may be person or persons is or are concerned therein." Arid any Refusings la.wfu! for\ny. person or copartnership, being pitizens of the stockholder refusing to take such oath pr affirmation,, shall ^te aW United States, to subscribe for any number of shares before not be allowed to vote at such election, . ed to rote. fionsTow unsubscr'hed for ; and the sums respectively subscribed for §6. Those ,who shall be duly chosen at any election shall Howinnr payable. he payab^ as follows, to wit: five per crinf at the.time be capable of serving as directors by virtue of such choice, of subscribing,and the remainder at such time» as the board until the end or expiration of one day next succeeding the of directors for the time being, may subscribe. The persons first Tuesday in. October in each year, and the said direc- Directs hereinbefore named shall issue certificates ofstock to thp sub- tors, at their first meeting after eaqh election, shall choose one scribers, which ceriificat.es may be exchanged for others to be of their number as president; arid in case of the death, re-c8se(lf issued bv the president and directors, or such person, as they, signation, or absence from the .State, pr removal of a director, how"fiS may authorize, after the said board of directors shall have or-v his' place may be filled up by a new choice for the 'remainder ganized for the dispharge of the duties devolving on them as of the, year, by the directors. But should it so happen that sSlver'onij^ ' and it shall vbe the duty of the persons hereinbefore an election of directors should not be made on the first Darb&.c at nam rece!Ve ^subscription for shares at the time of Tuesday in October in any year, or any other day appointed ' subscribing only gold ^nd silver, or the bills of the Bank of by the stockholders, the sqtid corporation shall not for that the United States and branches, and which shall be at' cause be deemed to be dissolved, but it shall be lawful on par at the time vvhen suck subscriptions are made ; apd the any other day to hold and make an election of directors in moneys so received by them, they shall, within thirty days such manner as may be regulated by the rules and ordi- after the books are, closed, transmit to the president and nances of the said corporation. Pro? so, irect,,(s in Macon, for the time being, 'at Jhe expense of § 7. The following rules, limitations and provisions, shall Funds- tie said corporation ; Provided, that the directors of said form the fundamental articles of the constitution of the said m?lal bank shall not be authorized to issue any tills or notes, Corporation. BANKS. 73 Capital stock. Divided in- to shares of $100 eael). A part re- served for the State. Who to ap- point Di- rectors on tile part of the State. The Qapi- tal stock niay be increased at any time to six hun- dred thou- sand dot- lars, when- ever two- thirds of the stock shall be taken. EeserVe to the State of stock. If not taken by the State, to be disposed of, &.C. If the State should take additional stock, she shall be en- titled-to ad- ditional Di- rectors. Who shall be eligible as a Direct- or. When a Di- rector eeases to be a stock- holder, his seat va- cated. Cashier to )e elected ty the Board and »ther offi- sers, and to allow a sompensa- tion tp them. Privilege Cashier and other officers of the Bank, except the President, to give bond and security, and take an oath. Oath. Rule l.-*-The capital stock shall consist of three hun- dred thousand dollars, divided into shares of one hundred dollars each, of which fifty thousand dollars shall be reserved until the first day of January, one thousand eight hundred and twenty-seven, on the original terms, to be then, or at any, prior time, taken by the State, .according to the pleasure of the Legislature, whereby the Governor,Treasurer, and Corhp- troller General, shall be entitled, at each succeeding election, to exercise the right of appointing two of the board of direq- tors. Rule II.—The capital stock may be increased at any time to the amount of six hundred thousand dollars, when- ever two-thirds of the stockholders shall so. determine at any stated or special meeting, by authorizing the directors to receive subscriptions for, or disposingof shares of one hundred dollars each, to any person or'persons, in such manner as they shall think fit, in which case such new subscriber shall be- come parties to this association, reserving to the §ta'te of Georgia the one-third .part of such increased capital, to be subscribed for at the first session bf 'the Legislature after the capital be so increased, and should the Legislature fail to Subscribe for the whole, or part of the Capital so reserved,' it shall and may be lawful for the directors-of the bank to dis- .pose of that'part of the capital so reserved for the Stated and not subscribed for as-aforesaid, to individuals^ upon the samb .terms'as are prescribed for the disposal of the other part of such increased capital; and upon the Statue subscribing for Such increased Capital, She shall be entitled to appoint one addi- tional member of the board of directors, in the same'propor- tion anc^' in the same manner as is prescribed iri the funda- mental articles of" this asspca^tion; Provided,' that if any. profit shall he made by such disposition, the same enure to the use and benefit of all the stockholders previous to the time of every sucfi- extension and increase. Rule III.—Nohe but a stockholder, being a citizen of.the State-of Georgia, shall be elegible as & director, except on the part of the State, and no director of apy other bank shall be at the same time a director of this bank : and if'any one of the directors, after being elected, shall,.at any time during the term, for which he shall have been cfioserl, cease to be a stockholder,..the remaining directors, or a majority of theafi shall at their next meeting pass £0 order, declaring him, then,ceasing to be a stockholder as aforesaid, to he no longer' a director of the said bank, and shall forthwith, proceed to ■ fill up, by a new election, his place for the remainder of the term for wliich he may have been elpcfed. Rule IV.—The board of directors for the time being shall have power to elect a cashier, and such uther officers and clerks under them as shall be necessary for executing the business-of the company, and taallow them such com-, peniation for their services respectively as .they ulay deem reasonable, and shall be capable of executing such other powers and authorities of mjaking,- revising, altering, and annulling all such by-laws and regulations for the govern- ruent of the said company, and that .of their officers and affairs, as they or a majority of them shall from time to time think expedient^ not inconsistent with-law,. and.to use, em- ploy, and dispose of the. jbipt-stock, fiinds, or (prpperfy of the company (subject only to the restrictions herein contained), as to them or a majority of thefii shall seem expedient. Rule' V.—-The cashier, before he enters upon the duties of his office, shall be required to give bond, with two or more securities, to the satisfaction of the directors, in such sum as the board of directors may by their by-laws order .and direct, from time, with condition for the faithful per- formance of his duties; and the president, cashier, and other officers of the bank, shall take the following oath on enter- ingon the duties of their respective offices : "I, A. B., do solemnly swear (or affirm), that I will well and. faithfully discharge the duties of president, cashier, or other officer K (as the case may be), of the,bank of Macon which oath shall be subscribed and entered on the minutes. Rule VI.—Not less than a majority of the directors shall How many form a board for the transaction of business, of whom the SiS president shall always be one, except in case of sickness or Board a necessary absepce, in which case his place shall be supplied by any other director whom the majority of the directors present shall nominate for that purpose. ' Rule VII.—A majority of the directors shall have power a m^iniy to call a general meeting of the stockholders for the pur- stockHr.i.j- poses relative to the concerns of the company, giving at least '<>" thirty days' notice in one'of the newspapers printed in onslv!!^' Macon, Milledgeville, Augusta,- and Savannah, specifying Ilolltu" the object of such meeting. Rule VIII.—-That in case of death, resignation, or re- vacam-y «r moval of the president, the directors shall appoint one ofj^lt^Xe their number to fill-the vacancy, who shall hold the office llow during the remainder of the term for which his predecessor was elected. RtjLE IX.—The slaves [shares] of the capital stock shall Sha,','*! be transferable on the books of the company, according to ble!'anaa such rules as conformable to law may be established in thattl0W' respect by the board of directors. - Rule X.-—The bills obligatory and of credit, under the Bills,notes, seal of the, said corporation, which shall be made to any j„g 0i" tie person or persons, shall be assignable by endorsement there- ^,I[,ora" upon, under the hand'or hands of such person or persons, and of his, her, or their assignee or assignees, and so as ab- sblutely to act. [vestpand transfer the property therein to each and eveiy assignee or assignees, to bring and maintain an action thereupon, in his, her, or their own name or names ; and bills or notes which may be issued by order of To be sip* the said corporation, signed by the president, and counter- p^de»tie signed by the cashier 'or treasurer thereof, promising the payment of money to any person or" persons, his, her, or by the their order, pr to bearer, though not Under the seal of the be said corporation, shall be binding and obligatory upon the binding;*a same in like manner, and with the same force and effect as obll§ whether by bond; 'bill,'no;tfo or.sharesuritil after tfie expiation of three months ^ and should turns'Hmiv- debts"" ° othpr contract, shall not exceed three1 times the amdunf of .there; W Jany( styles unsold after^.th.e aforesaid time, the^awsftr Hank1 may Its capital (over and above the qioneys then aptualjy d'epo-, same'm^y be 'subscribed, for by any [person]" or) persons* not to sited in the bank for safe keeping). In case of excess, the and t'hp directors shall" ^dvprtise the sameyfof the spac'e of * ihVee times directors under wh.ose administration'it shall happen.- shal] three month? in. the newspapers 'aforesaid.-. '■ . . of capluS"1 be lia^,e for tbe same in'their private capacity, and fori ae- ' ,10: And'tbe said directors, ehal] have power to establish &x. ' tion of debt in such case may be brought against.'theih^ or a branch, of said bfoik. in( the city of Savannahi under such tabiuiKdu iMtore'un- any of them, their qr any of their heirs,-executors, dr. ad- regulations as mayi by.the board of-directors, be-dedmed fit Savai"ial1- administra0 ministrators, in any court in this State having jurisdiction^",aM,proper.; ' . ■ v -Y V ' 1 • V >.• Hon an ex-by any creditor pr creditors of the said corporation, arid . .§ 1.1. Nothing herein contained shall bedo,construed a? hTppenf may b"e prosecuted .to judgment 'arid execution, apy cpndi- ,td qdthririze the said'Corporation !to extend the debt' of any made liable tion, covenant, or agreement' to fori .'contrary notwithstand- one iridiviidual or copartnership beyond ten thousand dollars in their in-*- „ , , ,, . -' , • . , .J. a. 1 ... 4 » *•' ' ..!• • ,< . pannersuip dividual' mg.. . But - this spall not ^be construed to^ exeippt the saia tor money loaned. 1 • l : * • over PropertyS" corPbrati°nJ of. the. lailds, tenetnepts,hereditaments, .goods, ■ \%.s And be it furt%dr dnacteid., That the directors .shall ^"blanch real and' or chattels of the same, from being also liable for,^aiicl being be .'authorized to qstabfish a branch.of tjie kaid. bank :at the «ayte» tl^e^rpo-f chargeable \vith, the said excess^ ^uch of .the* said difebtors city of Augusta, and at EJberton, in Elbert county,' iftheyln wri° fhay have. be«n ',absent when the said fences?; was-' oonr*. think proper'., ' , " v MdEiiwt any'excess, tracted or created,-or'who may have disseqted frorp the r'eso-- § Axid be lt further enacted, That if Said bank shall in of on Mate eX" b,ti°n ot" act'whereby'the same-u/as so "contracted or created, fail-o'r refuse promptly, to'r'edeem upon demand hny one ,qr leS, j» s'Iym 'may respectfully (respectively) exonerate .themselves- from rriore of itLbank,,bills or notes,'ujion prbo^ 'oif the sanrib,' by s< ves' being individually liable,' by entering, if pr®serit, .their "diS4, and under the seal'of any public nofary" bping, hkd iindjob^ shaH torfHt . sent.iipcn the .books of the bank,'at thp time, the .debt rhay tpiperi, then and in sui^b c^se .the said^corpOra'tion shall for- be so contracted, ^rul forthwith giving notice of the./aGt to feif all .and singular its rights,.,privileges,- arid immunities, . the stockholders, at a general" meeting, whicli each of the; hereby'granted, and the owner or bolder of apy such bank., . directors shall have po^er tp, call fof that purpose. , bills or .nofep,' the' .payment of which'' shall'have been re- whe»eatHi '' Bule Xyi.—:Dividendiof the profits of the company, or fused-upon de'marid, shall be entitled to sue for. and Recover, Liaiwio in what of so much of the said profits as shall be deemed expedient rover arid' above the 'principal and antere?t pccrtiirig from th'e^payw | b^deciared and proper, shall be declared and .paid half-yearly ; , and the time of such >rgfusal, ten per c^rit,, damagesy anch for every | and paid. Satd dividends shall, frofp lirnri'to time; bri determined b,y' a .bank bill orvnbte 'issued .after siichx refusal of payment .on.evei/wH majority of the directors, at a mteetirig to be .held for that deniand,' .the (?aid bank shtill,jipon rionvictio'n of the same purpose, and shall in no case exceed the amount'of the nritt iji any couft having competent jurisdiction of, the "sa'me,0,1 cnnvic' profits actually acquired by the company, so that,'the capital forfe.itand pay,, over arid above the principal, interest, vahd stock.-thereof shall never fie impaired by dividend. '.1 cost pf suit, fifty per cent.'damages ppon the amount of the wilfullyde- Kule XVII.—If the said^ directors;shall at"any time wil- said barik bills or notes,.one-half to: tfie use of the State, and dwi'de^iiT ,and knowingly make, of declare a dividend which shall1 the other ta the rise of the informer ; and if the bank shall impairing impair th.e capital stock, all directors' who.shall be preserif at any'time fail' or refuse to redeenr their 'notes in 'fepeqie/.jn muiin slock made a^ die making or declaring SuCh dividend, and assenting and the same shall be protested' before any notariety [n^^^i,^ vKib!ai|indi sba" bab^e in ihdir individual capacity toy the tary] public jto. theamount of twenty-five, thousand dollars, ci-artprfor- vuuay. company for the rimount or portion of said stock so. or ,thri notes or bills isspejd by the-said bank should depre-> re"ed' Bsem. divided by the said-directors, and each director who ?Hali ciate and not pass currently tvithobt ^ discount on the same be present at the making or declaring of such, dividend, of ten percrint. or upwards^ the Legislature, upon either of , shall bp deemed to. have consented thereto, uriless hp shall those fact? beirigriatisfaritoriiy established or made kriowri to immediately declare hi Writing his dissent on the minutps them (without rPsorting to the courts pf justice), may de- of the proceedings of the board. .. ., . , clare the charter forfeited^'and suspend, all further opera- Tl.UL13.XV^11'~The*-\'rect01:3 sbab ^eeP fair and regular tionsof said bank Provided\ that nothing herein containedrro.viw. he kept by entries, in a book provided for that purpose, of their pro- shall prevent said corporation, in case of forfeiture of tlieir or0. 'rect ceedings, and on every question, when one director shall charter, frrim siiirig and' collecting in their corporate capa- *ny8.and re(lulf,e tae yeaa a?d '1fys °f tbe directors vpting shall be city all .debts previously di^e them, and of being sued and. duly inserted on their minutes,, and those minutes be at all compelled to pay ?11 -debts due by said corporation* The BANKS. 75 said bank shall always be allowed to redeem its bills upon demand made by any other bank, or as agents, with the bills of Uie bank or its agent making such demand. DUNCAN G. CAMPBELli, Speaker pro tem. of the House of Representatives* ALLEN B. POWELL, President of thp Senate. Absented to, December 24th, 1825. G, M. TROUP, Governor. [no.185.j AN ACT to amend an Act, entitled An Act to establish and incorporate an Insurance Company in the City of Savannah, to be called 'the.Marine and Fire Insurance Company of the City af Savannah, - and to grant Banking Powers to the same. rine and"* ^ enac^e(^ % ^.e Senate mid, House of Representa- Fire insu- tives of the State of Georgia, in General Assembly met, and paji^oftheliC is hereBy Enacted by the authority of the same, That from city^of and after the passage'of', this aet, the Ma fine and Fire, Iiwifbe Iusuranee Qompaiiy of the city of Savannah shall be known uI'dManne^ie.nafne and style of "the JVIarine and Fire Insurance and Fire Bank of the State of Georgia and the said Company, with [Bank]"? suc^ Pe>"3ons as are now, or may hereafter become stock- the state of holders in said Company, be, and they arc incorporated, eors'a* hereby made a body politic, by the name and style aforesaid, and so shall continue, together with alf and singular the privileges, rights, and immunities granted heretofore to the Marine and Fire Insurance Company of the city of Savan- TheDirect-jig_h : the board of directors, for the time'being, shall' have efec™ay '.power to elect a cashier and such other officers and clerks andotiier under them as shall be necessary and proper for executing officers, the business of the said Corporation, and to pillow them such pensate1" compensation for theirservices, respectively, as shall to them Anddo aPPear bt and proper ; .and shall be capable of exercising otheracts such other pbwers aqd authorities, for the well goyerning vantage""^and ordering of the affairp of the said corporation,;^ to said Bank, them shall appear conducive to the interests of th6 institution. Bills, &c. § 2. And be it further ^enacted by> the authority of the same, the Corpo- That the bills .obligatory and of credit, notes; and otjier ration. contract whatever, shall be binding and obligatory upon Provided said. corporation; Provided, the same be signed by the signedby president; and countersigbhd .or attested by the cashier of demand l^e sa^ corporation 5 and the funds of tHe corporation shall attested by in no case be held liable for any contract or engagemept !e" and not whatever, unless the1 same shalf be so signed'and counter- less'lhe" signed or attested as aforesaid; and the books, papers, arid are so correspondence, and the funds of the corporation, shall at all signed: timds be Subject to fhelnspection of the board of directors and stockholders wh6n convened. Before the x 3. And he it further enacted by the authority aforesaid, 1 corporation „ ,. J . •, ' . • ... • J- n chn exer. That before the saip corporation shall exercise any of the th?rtehyts°f ^gbts, privileges, and immunities hereby granted, the said dnd.privi- corporation'shall have bona fide onfe hundred thousand dol- must have lam in specie actually deposited in their vaults; which $100,000 in amount of specie-shall, upon the declaration under oath of f nncondi- ,,the president or cashier of said corporation, that the 'said and^cmi- sPec*e Is unconditionally the property of ther said corpora- fied by the tion, be Certified by two or'more justices of the Inferior th?i»ferior Court of Chatham county, under the seal of the said court, Chatham which shalj be transmitted to the Gpvernor for the tithe being ; when the said corporation shall be allowed to issue bank bills or notes to three times the amount of the said specie so deposited, and to possess, exercise, and enjoy all •the rights, privileges, arid immunities of an incorporated banking company ; subject, nevertheless, to the restrictions Upon an and penalties hereinafter mentioned : and upon the increase spedethere sa^ specie or its equivalent, certified as before provided, may be an the said corporation shall have full power to increase their IS?issue of bank notes in the same proportion^ before directed Proviso, to the amount of said increase; Prqvided always, that K2 nothing herein'contained shall be so construed as to author- ize the issue of a larger amount of bank notes than three times the amount of the capital stock of the said corporation. § 4. And be it further enacted, That if the said corpora- Failure to tidn shall fail or refuse promptly to redeem, when demanded, J" Vr. - apy one or more of its bank bijls or notes, upon proof of the same by and under the seal of any public notary being had ate*' a tor- and obtained ; then apd in that case the 9aid corporation feUure' shall forfoit all and sibgular the rights, privileges, and immu- nities hereby granted ; and the owner or holder of every The h«hb r such bank bill qr note issued by the said corporation, the ei'ituiV-d to" payment of /Which' shall have been refused upon demand, shall be.(entitled to sue for ^nd recover, over and above the ^rwnt.' principal and interest accruing from the time of such refusal, daHias*"' ten pet cent, damages; and for each and every bank bill or For every note issued by the said corporation after such refusal of payment on demat'id, the said corporation shall, upon con- refusal, on • ,r n ■ a • a ■ i* conviction, •viction 01 the same in any court having competent juriscnc- tiftypei tion thereof, forfeit and pay, over and above the principal, ipterest, and costs of suit, fifty per cent, damages upon the amount of said bank bills or notes ; one-half for the use of the State, and the other to the informer. § 5. And be it further enacted, That it shall be the duty J^n™aa,kere. df said corporation to make an annual report of its condition, ports to th« issue of notes, &c. 111 the same mode and manner as is now As"embi>. required by lavi^of the other banks, to the General Assembly. § 6. And be it fwither enacted, That the said corporation Way esta- have permission, and be allowed pnd authorized to establish branch at a branch of the .said bank at the .town pf Macon, with the Maco»- consent of a majority of the stockholders, subject to the control, regulation, and direction of the said corporation. § 7. Ana be it further enacted, That the persons and stocking- property of the present and all future stockholders, who may a^d proper- hereafter become stockholders by a transfer of stock in the )y,!t*aged^ Marine and Fire Insurance Cofnpany of the city of Savan- demi iion nah, or Marine and Fire Insurance Bank of the State of£f;1|!eir Georgia, shall be pledged and bound in proportion to the ampunt of the value of share' or shares, that each individual or company hold, possess, are interested in, or entitled to in th,e said Marine and Fire Insurance Company of the city of Savannah, or the Marine and Fire Insurance Bank of the State of Georgia, for the ultimate redemption of all notes or bills issued, or that: may be hereafter issued by and from the said Marine and Fire Insurance .Company of the city of Savannah, or the Marine and Fire Insurance Bank of the State of Georgia, in the same manner as iU common com- riidrcial cases or simple actions of debt. -§ 8. That upon the expiration of the charter of the afore- Priyiiepp» said Marine and Fire Insurance Company, as provided for, all 1" k£ i„bui« and singular the rights, privileges, and immunities herein grafted to'the said Marine ,and Firp Insurance Bank of the ranee Com State .of-Georgia shall also cease and determine. pauy' DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. • ALLEN B. POWELL, Presidept of the Senate. Assented to, December 20ffi, 1825. G. M. TROUP, Governdr. AN ACT to regulate the intercourse betvbeen the Banks 1N0* 186*1 of this State, a%d other Institutions and Brokers. Be it enacted by the Senate and House of Representatives Ajjy Bank of the State of Georgia, in General Assembly met, and it is or 0, the hereby enacted by the authority of the same, That if any sun's,1 or bank or other institution, which is, or shall, or may be in- anyb'oker, ,corporated by the General Assembly of the State of Geor- gia, or other lawful authority of the United States, or any ®rc one of them, or any broker, or any agent, attorney, or officer shaiicoi- of ^ny broker, or bank, or other institution as aforesaid, shall at, any time after the passage of this act, collect, acquire, buw 76 BANKS, any nsnk purchase or receive, whether jn deposits or.otherwise, the,bill appoint one or more fit and proper persons, to repair to the An agent thehBa.ikte' or bills, note or notes, or other security or securities of: any town of Darien,,theri and there to demand and receive from u «i co'uect- bank or banks, which is? or are, or shall, or may be incor- the cashier and directors for the time being, all the capital be appoint rmjsimii porated, by the General Assembly of this State, or located stock, specie^bonds, bills on other banks, and all the funds to receive oT'tfemand *n State, by lawful authority, such.bank or other institu-?, of whatsoever kind belonging to said bank," notes running j^8^1®1 interest tion, or broker, dgent, attorney, pr, officer so collecting/ac;* to maturity (.lying over or in suit excepted) of which a fair (lanks*1 quiring, purchasing, or receiving such bill of bills, note or list shall be taken by s'ucb person pr persons, and, the funds, ruc^f tbur notes' or other security or securities, .shall not be'entitled to specie, bonds, bills, or stock, and list eov received shall be percent" claim, demand, have, recover, or-receive of or frorm'such added to the funds, specie, bonds,-and bills now in and be- . por a,mum-other banks so incorporated, or chartered by the General longing to the branch, of -said b^nk at Milledgeville, and Assembly of this State, or located'therein by lawful.' au- whicp, when so added, shall form and become .the principal . thofity as aforesaid, interest on such bill or bills, note .01;, bank. . . * ■ ' ■ notes, or other security or securities* above or bej/ond tlie ;■§ 2. be it further:..enacted, That'all. 'the bills of the Aiibiiii proviso. rate of four per-centum per annuip 5 Provided, that nothing, said bank now in circulation or issued, payable either at the cZiioh'" herein contained shall authorize or allow any bank to, refuse, principal bank of Darieri or at the branch ' , • ' ' . that'shall not be paid,reduced,,br renewed, in manper,'and shaitnot' ' ^ ^ father enacted-by the authority aforesq&d,', form, as heretofore poirited out by this act- 5»4ctnlndi- That pothi'ng, in "this act shall be so cbnstrue'd as to deprive- •. .§ Jpnd be it further enacted, That if two-thirds of the JftW^ viduaii. individuals (broker's pr their agents excepted), who may.de- stockholders .holding stock on the-first day "of December, tw smck- mand-specie'.for themselves for the notes,'or bills,'or other - eighteen-hundred'arid, twenty-six, in their pwn yrig^it,' or as securities.of either o.f'the banks incorporated by the '.Geiieral administrator-, executor, or guardian, do file their objections tions wiUt- Assembly of the State of Georgia, or located therein, by in Yh'e executive office of this- State, torthe. removal of -the day^n lawful authority, from the same privileges andf 'advantages' same1,^ within sixty days after the passage of this(act; and oh " in obtaining specie or interest as- now exist-by th© laws of-thai Jactbejng published, by the .Governor, this act-shall be e t^is State. . 1 - r i - V' ef no bfiect, and the said bank "shall still remain at Darien. " ' IRBY DUD SON,- - V lltBY DUDSQNf \ . - Speaker of the fJorise bf'Repdrese'ntatiyeSi > '/• Speaker of the House of Representatives'. .' : ^ r THOMAS STOCKS,. , ' ' , ; ' . THOMAS STOOkS, . ' , 1 ' . ' ^ : ■ vTresident of the. Senate. ' . " . 1 • president of the Senate,. Assented To, December £2d, 1826. . . ,1 . ' • Assented fp, December SOth, 1826. • , . ' > • ... ^ G-. M. TROUP, Governor. . ' , .G. M.^TROUP, Governor. [jfo.187.] AN ACT to amend, an Act, Entitled:An Act to incorpbr AN ACT to define ilie liability of Endorsers of Pro- Ino.WS.] rate the Bank , of Xtarien, passed the fifteenth. De- missory Notes' ajid other Instruments, and td place cember,-eighteen hundred and' eighteen, ■ tJiem ypondhe same footing irnth, Securities, 'v. preamble. Whereas, the said act locates the'principal bank at Darien,- Be it enacted by the Senate arid House of- Representa- The prac- and provides for the establishment of branches at other lives of the • State of Georgia, in General Assembly met, f!^e r^10" , places in Ihis State ; and whereas, the-commercial situ a- and iti&hereby enacted by the authority of the same, That i1^ot tion of the town of Darien' and interest of the State re- from arid .after .the passage of this act, that the practice dmaMon q jires'that ,the principal bank should be.removed from Darien heretofore'required of making a demand of the makers of and™^ to MilledgeVillb ; ' ' promissory notes and other instruments, for the payment and noticfe «> Provisions Therefore be it enacted by the Senate and House of Bepre- performance of the same, and their giving notice of such iug the™* sentatives of the 'State of Georgia, in General Assembly■ demand wi(hin a reasonable time to the eridorsers of said ^ Darien to met' an(^ ^ ™ enacted by ihe authority of the same, promissory notes and other instruments, shall cease and be- C ' trfiiMge0 That from and after the-passing of this act, the said bank come entirely unnecessary to bind said endorsers'; and And the TUie- shall be; removed to the town of Milledgeville, and for this whenever any person whatever endorses a promissory note ^elTand purpose the Governor is hereby authorized and required to or other instrument, he shall be held, taken, and considered 1 BANKS. 77 as security to the same, and be in all respects bound as se- curity, until said promissory note or other instrument is Ka-dln an(* ^charged, and shall be liable to be sued in the same the same manner and in the same action with the prihcipal £-2 or maker of said promissory notes or other instruments; pai. any law, practice, or usage to the contrary notwithstanding : Em denotes Providcd always^ that nothing herein contained shall extend excepted, to any promissory notes which shall he gHen for the purpose of negotiation, or intended to be negotiated at any char- tered bank, or which may be deposited in any chartered bank rrcrrisa. for collection ; And provided, also, that nothing contained in this act shall be construed as to prevent the endorser from defining his liability in the endorsement. The secu- § 2. And be it further enacted, That any security or en- !equi"eythe dorser may, whenever he thinks proper, after the note or roi'iect 'the instrument become due, require the holder to proceed to same!and collect the same; and if lie should not proceed to do so fau'in three within three months, the endorser or security shall be no months, longer liable. Xw',4. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26thv 1826. < G. M. TRQUP? Governor. whom shall be elected by the stockholders, and four by the State. § 2. And be it further enacted, That not less than six what shall directors, being a majority of the whole board, shall have S'of* power to do business, excepting during the months of July, £jforcBef. August, September, arid October, in every year; when four taTn^a-^" directors, who must be unanimous, and of whom the presi- the dent, or president pro tempore, must always be one, shall constitute a competent number; any thing contained in this act of incorporation to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1826. G. M. TROUP, Governor. [NO.189.] Preamble. The Bank of Daricn oniay here- Batter hold real estate mortgaged, &c. and all that has hitherto been eon- veved fbr debts con. tracted, or purchased at sales, &C-. A11,convey- ances here- tofore made valid, and effect- wal at law. AN, ACT to amend an Act, entitled An Act to . incorpo- rate the Bank of Darien, passed the fifteenth day of December, in the year eighteen hundred and eighteen. "Whereas, doubts have be6n eptertained whether thb Bank of Darien could take a conveyance of rfeaf estate, or hold, or reconvey the same; '• ' ' - Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is her,eby enacted by the authority of the same, That from .and after the passing of this act, it shall and may be layvful for the said corporation to hold all sukch lands, tene-. ments, and hereditaments as shall Jiave been, or may be, bona fide, mortgaged to it by way of security, or conveyed to it in. satisfaction of "debts previously contracted in the course of its dealings,, or purchased at sales upon judg- ments which shall have beetf obtained for such debts. §2. And be it further enacted, That all conveyances heretofore made to the said.corporation, of any lands, tene- mehts, and hereditaments, shall be held and deemed valid and effectual at law: and in equity ; any l$w to the contrary notwithstanding. ' , IRBY HUDSON,. Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate; Assented tor November 22d, 1826. G. M. TROUP, Governor. [no,190.] AN ACT further to amend qn Act to incorporate a Bank, to he called the Bank of the State of Georgia, passed the sixteenth day of December, eighteen hun- fired and fifteen. Preamble. Whereas, by the sixth section of the act to incorporate the Bank of the State of Georgia, it is enacted, that for the well ordering of the affairs of Said corporation, there shall be fifteen directors, nine of whom shall be elected by the stockholders, and six by the State; pnd whereas expe- rience has proved that it is proper to reduce the number of directors"; Regulating Be it enacted by the Senate and House of Representatives ? Direct-'" °f ^ie State of Georgia, in General Assembly met, and it is 0fS• hereby enacted by the authority of the same, That the number of directors of the Bank of the State of Georgia, from and after the passage of this act, shall be ten, six of AN ACT to extend the Chatter of the Bank of Augusta, [no.191.] and to authorize an Increase of the Capital. Whereas, the directors of the Bank of Augusta, in con- Preamble, formity with instructions from the stockholders, have applied, by petition, .to the General Assembly, for an extension of the charter, and for leave to increase the capital of said bank in certain cases ; Be it enacted by the Senate and House of Representatives Charter ex- of the State of Georgia, in General Assembly met, and [it is uuheyear hereby enactedJ by the authority of the same, That the charter 1850- of'the Bank of Augusta be, and it is hereby declared to be prolonged to the first day of May, in the year one thousand eight hundred and fifty. § 2'. And be it further enacted by the authority aforesaid, Authorized That it shall be. lawful for the stockholders of the said thei?CcapT bank, at any meeting to he called for the purpose, and in the manner prescribed in the existing charter, to increase time, not the capital .of said bank, from, time to time, and in -such ^eed' portions as ihey may deem to "be expedient, not exceeding in fhe .whole six hundred thousand dollars, in addition to nowcapitai the'presertt capital of the said bank. $600,000. § 3. And be^ it further enacted, That upon every such On every increase being agreed upon by a decision of the stock- one^Sth holders, one-six;th part of such increased stock shall be re- served for thq State at par, until the end of the session of creasetobe the.Legislaturemext after the capital shall be so'increased, Estate.10 and that the other five-sixths shall be disposed of by the ™e^re- directors for the time being, in the manner pointed out by teXposed the second rule of the original charter, for the benefit of the °/gactc°rt£e individual stockholders, if any benefit there should be in the charter, disposition thereof; the interest of the State ir> such cases being equalized yby receiving its portion of such increased stock at par. as hereinbefore provided. IRBY HUDSON, Speaker of the House of Representatives. , THOMAS STOCKS, President of the Senate. Assented to, December 22d,1826. G. M. TROUP, Governor. AN ACT to incoiporate the Savings Bank of Augusta, [no.192.] Whereas a number of the Citizens of Augusta and its Preamble, neighbourhood, under the title of " The Augusta Savings Bank," have voluntarily associated themselves as a society, for the sole, purpose of receiving and investing in public stock and substantial security on real estate, or otherwise, such sutns as may be deposited by individuals, and of afford- in? to them the advantages of security and interest; and whereas the members of this society, by their memorial to the Legislature, have prayed to be perpetuated and brought into legal existence by being incorporated and established by law, with perpetual succession, for the purposes of re- ceiving, holding, and improving in such way as to them may 78 BANKS. seem proper, all such real and personal estate as ,thp said Article. II.—The baqk shall - be conducted, by .seven institution shall become possessed of or entitled\t<>, by gift,, managers,' chosen- annually by -the board of appointment, Manage™ grant, devise, bequest; purchase,deposite, loan, and payment, who .shall,, each' and every year, ,at such time as shall be •« . for the purposes of the said jnstitutioh ; therefore,' ,k' designated in the by-laws of the institution, choose from from wMi The corpo- Be it enacted by the, Senate, and, House of Jlepresenta- among its,own .body a president, and shall haye power Jo rators, and ^ state of Georgia, in General Assembly niet, and - appoint s, secretary, treasurer? and guCh other officers as the namea. it is hereby enacted by the authority qf the ,same,\ Vha,l jQhn business, pf the corporation may retjuire,'yyith such com-c,0fceu' Campbell, Thomas (Juturning, Samuel Hale,'Isaac rienry,' pensation as they may deterrninek 1 . v ' '' • Timothy Edwards, Edward F. Campbell, JAni.es Fraser, , -Article ill.-Vrhe managers shall have power-to fill up To su m William W. Montgomery, Joseph Wheeler, Anderson Wat- by -ballot any vacancy -w^hiqh njay occur in their own body vaca"^lw- kins, Asaph Waterman, Augustus Moore, Henry Cuinming* or, officer's, .twQrthiids ,-of number, present to agree, to John Howard, William H. Turpin<-Jphrt Course,; Richard .all:,removals and new appointments-; .and-no Appoint mdnt Tubman, John Phinizy, ,Gqorge. Twiggs, John Moore, and or removal 'to tajierplac.e wbeq a less number than five James Harper, and their successors in office for. everi be, niknagers are present... .1 . '. and they are hereby erected and made one; body politic anft; . Article IV".r—No president or manager ■ shall receive, . . corporate, in deed and in Jaw,by tfte name, style; an.fi Jtitle-;directly or indirectly, any.pay or emolument fo,r his services., it« style. of"the Augusta Savings, Rank-;" and by the same nanie ...Article V.-r-Deposites of not, lPss thaii two dollars, bpt shall constitute a board of appointment, having perpetuaj • of any 'larger sum,, spall be received,.' -. The Board succession, with power annually-oq the second Mqnduy -of Article VI.—On-the first-Mapday of Juneand Decern- auyee^eclt-~ January, in each and every year, to elect p bokrd consisting, ber in every year,..-if the funds oFthe institution' shall war-. ed- of seven managers, for the regulation of the concerns of-the. rant .-it, jb.ere shall bp, declared abcb.paid- a dividend -on all Their pri- said Savings Bank; and are hereby made able and capable.in sutns.yvhich shall .have been deposifed, at such rate of interest viieges. ]aw t0 have, purchase, receive, take/hold, posApss, enjoy,'and as, the Aqard of managers shall direct j interest to be calcu- retain, to thern and their successors, lands; rpnts,. tenements,. lated only from- the" first day, .pf January, April; July, and • hereditaments,, stock, gqods, chattels, and-effects, of what October, in pach year, and not having relation toythe time of kind, nature, or quality soever, whether real, personal, oY deposite, ^provided deposites shall* be made at any interfile- , mixed, by gift, grant, demise, bargain/and sale; demise, diate period between tho.se dates, nor shaftinterest be allowed ■ bequest, testamept, legacy, loan, deposite.; or.advance,;or bj for fyactipnal parts pf a'month. , any pt.her mode of conveyance or transfer whateiet; apfi the . ' Article VIE—The'ileposites and.paympnts shall bp regu-v same to give, grant, bargain, sell/demise, convey, ,'assurh, lady entered- in>the books "of the; office, and every person transfer, alien, pay, -release, and dispose1 of, for the whole depositing money shall bpifurpished with a duplicate of his or any less estate or property than- they have in;the sarfie, Or her^aPcbunt, in which every.deposite or paymqhf shall be and also to improve and augment the same,'in such man- regularly, entered as soopt as made: no,money shall be drawn , ner and form as said'society, by their 'by laws ,atid regu.-. out tinfiqr-ftye/dofiarsivunless to closjb an amount ;• knd all lations, shall order and'diVect-; and,sballand may apply tbP depQsitps.siiall be re'pa'idw:;herirequired, Oh giving two -weeks' same, with the rents, issues-, income, interest, and. profits of notice. ■ . , ' . , | such estate, and the moneys arisifig front the sale, alienation^ ^ Articli:- VHI.=—The managers shall meef at least once disposal, or employment fberpob to,.the. -use?,' ends,Anfi pur- in, every month; and'fiye shall be a quorum ; except1 in the f poses of their institution, according to the'iples, feguiaiiohs, ' paoriths of .Jply, August,, and September, when three mem- ti/mimi and orders of their society Trow ;id ,'fprcjepPr"whiph, accord- b'ers shajl constitute a quorum for The transaction of business: ^n0s^cl ing to the. prp-vivsiojis -hereinafter made,-shall'fromt .t'f.ne to the books,> treasurersAopOUpts, aiicT other documents,.shall.1 time be declared touehing the samm as effectually RndTufiy be produced,at such meetings.'\ ' as any persop-or body politic or corporate within,this Viatel t Article IX;-—Thev managers .shalEbe. at liberty, at any May'itto by the constitution and laws of this State, can do and per-V time; jo'refuse, deposites;; and/on giving one month's, notice, rowe» • form : and the said institution," by the,name, style, and title . tp return such as .haye bepn made,, with' interest thereon, to ti(«.iiabil1"* aforesaid, shall and 'mky sue and be sued, plead and b'eim-. be-calculated to that time, and ho'longer, v .. ' ' pleaded, answer and be answered, defend ahd be deTehded, Article X.—^A. report, shalj, annually-bd -prepared.'by a report in courts of law within fjbia' State And Pl'spwhere '; -and also three'auditors, who shall 'not be managers or officers of the ,,, make, have, and use a common, seal,' and the same Jpfeak, CLorporatiorf, chosen by the boayd of appointment frPm their alter, and renew at their pleasure ; jand shall have povyef body, or^elsewhere, afid such report shall bh published in cne pu 1811 also to make, establish, ordain, and. ppt in Execution such or more of the Gazettes of1 the city of Augusta and the ma- ,by-laws, ordinances, and regulations'as shall t.o them, Pr a nagers shall annually transmit one copy of thp sahl. report to majprjty of such' quorum of them '(aS has^ already or shall the Governor, and by him' to be laid before tjie Legislature hereafter ,be directed); seem meet or convenient for the of fbp State of Georgia. ' - government of such corporation,, not being contrary to the Article XI.—-No manager, officer, or agent of■. the No Mwi- constitution'and laws of this State and generally to do and Sayings Bank shall be Allowed directly br-indirectly to borrow .Xe// execute all and singular such acts, matters, and things which ' any nioney pr moneys, frPm the said banfe ; cor shaH the lowed k- tuthe said cqrporatipn shaft or may appertain arid be necps- said bank ftave, held, or purchase pny notes, bPnds, mort-t sary for! the -purposes thereof"; -subject nevertheless,to* the gages, or other securities for the payment of money drawn rules, regulations, restrictions, limitations,, and-provisions or endorsed by, -or existing agaihst, aijy manager, officer, or herein prescribed and declared, - 7 \ - t agent of the isaid Savings !Bank. , FHBd.i- § 2. And be it further enacted by the authority aforesaid, Article XII.—The officers elepted^pursuant to this act, Office™ » "Sal That the following rules, limitations, and provisions shall shall be and. continue lh office until others be appointed;- and Soto _ form and be fundamental articles of the constitution of tfie po, misnomer of the said, cprporation in any deed, testament, corporation. ' . ' or gift, grant, demise,\or other instrument,'or other contract Nom'»iV ■y'naii Article I.-r-The board of app6intpi,ent shall have powei; or conveyance, shall vitiate pr defeat the same, if the said cor- 10 ,f" nuaiip J"1' each year tp, choose, by ballot, from its own body, a president pora.tion shall be sufficiently described to ascertain the intent an^fiu'y'a anc' ot^?r officers, , at t;he time of their annual meeting on the. of the party or parties to give, demise, bequeath, assure to, • «anei«s.Ya second Monday of January, and "also to fill all vacancies or contract with the corporation herriby created by the name which may occur among them by death, .resignation, or aforesaid: nor, shall .any .non-uses of the said privileges Priviief*, otherwise; and at such meeting eleven members shall con-, ftereby granted crekt^any forfeiture of the same ; but such ®* stitute a quorum. privileges may be .exercised by the 'skid corporation, not- - BANKS. 79 withstanding any failure to meet any of the times ap- pointed herein, or that may be appointed by the by-laws and ordinances of the said society, for the purpose of holding their annual or pther meetings, for elections or for other subjects for consideration : the officers then iq office shall continue to hold and exercise their respective offices until others shall be duly elected to succeed the in at some future meeting of the said institution, which the said corporation is hereby authorized to hold .for such purpose. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . President of the Senate. Assented to, December 10th, 1827. JOHN FORSYTH, Governor. [no. 193.} AN ACT to incorporate the AugUsta Insurance and Banking Company of the City of ?Augusta, and to repeal the Act passed on the ninth day of December, I eighteen hundred and twenty "two. ! corpora- Be it enacted by the Senate and House of \ Representa- 1 are* consti- ^ves t°f ^ie State of Georgia], in General Assembly met, i tuted a and it is hereby enacted by the authority of the same, That JcCmnis-f Peter Bennock, Jaqies Harper, John Bones, Chai'les Labu- tsiouers. Zan, Anderson Watkins* Edward f. Harden, W. W. Mont- gomery, Samuel Hale, and Abraham M. Woolsey, or any' three or more-of then!), be, and they are hereby constituted a board of commissioners, whose duty, it shall be to open,a hsiiaii open book,.of subscription for shares in said conripany ; which 4ubscr^-°f book shall,be .openedTbn the first Monday in February next, fotion, &c. and shall continue open for twenty days, at such place, and for so many hours each day,1 as the^said1 board-of commis- sliritizons of sioners may determine on ; during which-time it shall.be 'ItateYnwy lawful for any person or persons, citizens of this 'State, to ubscribe subscribe for any number of shares not exceeding one bun- imnd'red dred ; and if thb whole aihount of capital hereinafter men- i'l! ce/tain %ne(i be not subscribed for at the-expiration of said twenty ,iventsx fob, days, it shall thfen be lawfbl for any citizen or citizens, or "7Unsub- f°r any .corporation or body politic within this Slate,'to Iciibed for. subscribe for any number'of shares remaining unsub- scribed for.' ^otice of § 2. And be it further enacted by the authority aforesaid, i ferhee^ins ^fiat said board of commissioners shall give notice in the 1 ooks to be public newspapersof1 AugUsta,,at least ope week before the lve"' opening of said book of subscription, of the time and place I ive per of subscribing; and the said .•commissioners may require faid on be ^rom ea°b subscriber, a sum not exceeding five per cent, on , ibacrib- the ahiount subscribed by him, her,, or them, to be paid, into the hands of said commissioners at the time of. sub* scribing. declared a § 3. And be it further enacted, by the authority aforesaid, t,orate°r ^bat the stockholders in said institution shall be, and they are hereby declared to be, a body corporate and politic, under :»style, the name and style of u the Augusta Insurance and Banking riviieges, Company and by that name and styls^may sue and be sued, 'c' • plead and be impleaded, answer and be answered unto, in any court of law or equity in this State, or elsewhere, having competent jurisdiction ; and shall enjoy perpe- tual succession of officers and members, may have'and use lakpby- a common seal, may make, ordain, and establish such by- iws, &c. iawSi rules, and regulations as they may deem expedient and necessary to carry into effect the objects of this institution ; •roTiso. Provided, such by-laws, rules [ordinances], and regulations be not repugnant to the laws or constitution of this State or .the United States.< viiat shall § 4. And be it further enacted by the authority aforesaid, ai'of'said ^ caP"a^ sJ0°k sa^ comPany shall not exceed five- ornpaiiy. hundred thousand dollars, which shall be divided into shares lay com-, of one hundred dollars; but the company may coinmehce 7"ce "business as soon as one hundred thousand dollars in specie, or the notes of specie-paying banks, shall have been paid ; hundred and that upon the expiration of the said twenty days herein- beforq allowed for subscribing, it shall be the duty of said Bpe«ei« commissioners to convene the stockholders or subscribers, by P&1 ' giving ten dayS' notice in the public newspapersof Augusta, of the time and place of meeting, who may then or at any time thereafter proceed to the election of a board of directors, Election of under such rules and regulations as they may adopt for that Directow- purpose. ' § A. And be it further enacted by the authority aforesaid, President That the directors so appointed shall, at their first meeting officers to thereafter, proceed, to the appointment of a president from be e,ectc<1* among tljeir own body ; and the said president and directors may appoinj, such officers under them, as they may deem necessary and expedient for carrying the provisions of [this] act into effect. § 6. And be it further enacted by the authority aforesaid, Their pow- That the said company, when organized as aforesaid, shall sure°pro- Have full power and authority to insure property and effects perty, fcc. of every nature and description, against losses by fire or ?ogssesSby water, and all other accidents, dangers, and casualties, for andacci- which .insurance companies are usually established, or to dents, da*- buy or.sell life annuities'. frames. § 7. And be it further enacted by the authority aforesaid, Bound to That said company shall be bound to pay all losses on pro- perfy or other assurances made by them, within six months in si* after the.happening thereof. And in all cases, when the """^eofa claimant shall be compelled to institute a suit for the reco- ^tuted very qf such losses, the same shall stand in order for trial at shall stand the first term, and the, amount recovered shall be on interest from and after the expiration of the said six months ; and if interest the said company shall neglect o; refuse to pay such what losses .within the said six months, when there' is no dispute aS' to the amount claimed, or within ten days after final re- charter, covery against them in cases disputed, then, and in such event,'this charter may be declared null and void. § 8* And be it further enacted by the authority aforesaid, Authorized That the said cbinpany shall have power td receive, hold, perty,d?eai purchase, and possess any property, real or persona], for. the j|1nd|,®dS0{,J use, benefit,tor advantage of the said corporation, and to sell se'iianddis- and dispose of the same, and they are hereby declared to be^eeFf the vested with all the powers, advantages,privileges, and emolu- ments of an association of persons incorporated for the in- ' tenti'ons and purposes aforesaid. § 9: And be it- further enacted by the authority aforesaid, Saidcorpo- That the said corporation shall and may continue for and continue8 during the term of thirty years from the passage of this act, unless the same should be forfeited according to the provi- sions thereof.' . § 10. And be it further enacted by the authority aforesaid, Authorized That Said company shall be permitted, and they are hereby brnfor authorized to issue billfs or notes of credit, payable to bearer "r°edft0f on demand, signed, by the president, and countersigned or signed by attested by the cashier, to'the amount of the capital stock paid in ; Provided, that no bills of credit shall be issued as c.oun,de£ aforesaid, unless by cohsent of the ownfers of three-fifths of th^Cash- the stock of said company. ier- §11. And be it further enacted by the authority aforesaid, That all bills or notes of credit isstied as aforesaid shall be aaian paid on'deipand at the company's office. § 12. And be it further enacted, That an act, entitled An Repealing Act to incorporate' the Georgia Mutual Insurance Company,c ause' and to repeal the act heretofore passed for that purpose, which was assented to on the 9th day of December, 1822, be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1827. JOHN FORSYTH, Governors 80 . banks. £no.194.] AN ACT to amend an Act, entitled An Act to amend fin or branch bank on which the defriand may be made,'it shall irf ««e a Act, entitled An Act to establish and incorporate an In* riot be' la'wful for the bank or branch bank so refusing to fen!*! to*" surance Company in the City of Savahndh, to be receive its own notes in, payment, to recover from the bank called the Marine and Fire Insurance Company of or branch bank making ,the tender of them interest upon rest Clyi* the City of Savannah;andto grantbanking powers to the amount of the notes for the payment of which'it refused claiuied- the same, passed on the twentieth of December, eighteen'^ own. notes, or cbst of suit: Provided, neverthelessthat Proviso. hundred and Husky-fine i and also, to regulate inter- *"» -oOhq note, rfany,chartered bar,k or br,nch course between thi several Chartered'Banks: lancC °febarteredhank-of th,S State abalilt!\maie Kby " Branch BanksintMsState^M abates of payment from one another of the notes tssuedlymnole? bu( ^ch as are made payable at the, tfiem respectively. ,i . . . branch bank'makin^the^demand, and for refusal to receive The'per- Be it enacted by the Senate and tfpuse of Representor another than the notes liable to be redeemed by it, thq Seny Hves of the State of Georgia, in General Assembly met, principal bank pf which it is a branch shall , not incur the • sLkLiri and it is hereby enacted by the authority pf\the "same, That Penalty herein, before prescribed; and provided further, n0 part of era liable if the said Marine and Fire Insurance Bank of the Slate^of -that nothing herein contained; shall be-construed to extend dempuor Georgia sbaltat any time refuse ot .neglect ^ pay arid re- "to any individual' making", demand of any bank Or branch dividual*, of their deem any of its 'notes or bills, When payment, thereof shall, bank for payment' of its notes, but if the Cashier of any ' &c!'which have been demanded of the, said bank, "through'''its proper bank or brarich.^bank shall,.suspect ;that an$ individual is ihai?rPnfL officer, that then, and in such case;,the person's, and property demanding payment of its, nqtea, hnd that, the same belong to pay on of all and every persons 'or person who shall of may be. fo another bank or branch bank, then the. cashier may aemand' stockholders in the said-bank at the time tvhen'sucji de-, payment,, until affidavit be made by the' person. • mand shall have been made, shall be liable and bound to. the fhakiitg the dengand,, that the note-or nates presented by him extent of the. value of the share or fchareW the'stock so. for .'payment is not thb property of any foipk or branch ' • . held by such persons or'person,- for the eventual' payment bank, bqt Ink own, oi; of some iridividuarfoir ^whorn.heis ; and redemption of the notes or bills of the said bank, &hichi: agent. - , * '• , . _ w,. x'"\. > it shall neglect or refuse to pay in mariner aforesaid.. § 6, be'U;further 'enatfe&i That the benefits In- ™.«t" ' Regulating § 2. And be it further enacted by the authority aforesaid,, ,!etlde^ by this act shall not extend to any barik. having a anylff ^u^Tbe- That when any demarid shall be -made upon tbesak* Marines branch or. branches* unless t|ie' n'6te.s >sW by its'bfanch having tween the and Fire Insurance Bank of the State. of'Georgia* by dny pr branphes shall ,express m the, face -of,them, that they will anceBank. other bank, to redeem- any one or mojp of its bank bills or be Pafo at the branbh from .which .they issue. ■ .. - . iLx and other notes in terms of the fourth section of the aforesaid'in pal.t § And be it further enacted by the'authority aforesaid,' Rgi* recited act, that it shall and mayi be lawfgUfor the,said Ma-' That,al' -act? P"ts 01 acts- militating against,the prdn- ' fine and F.ire Insurapde Bank jto tender in payment 'to such s}°^ this aptbe,and the^ame ' other bank its own notes and-bills, which tender shall ro- • . • . . ^ |BBY . lieve the said Marine and Fi,e Inshra, rice Babk ofthe'State . ; V - V, jf of Georgia from the penaltiesjand forfeitures mentioned in ' . . . . I ' •/ • „ . . j ' • • ' the said fourth section qf the said in part recited act.' - , f ' . _ • . _* ' ■ /resident of the-Senaty;' (. What shall § 3. 'And be itfurther enacted by-the axdhofity aforesaid, ±ssepted .to, Pecemper ^4th,-1^7/ . _. . - , That if anrpe^ansW person, copartn^shiii, or bufypolixiii \;.y . ... - .JOHN FORSYTH, Govern^ ,, fnsaitopay.shall at-any tirii^'hereafter refuse or neglect to pay.into,,the . v'^r«. ' 7 4, .7/ ' »' V r. St said bapk any instalmentbf fbe atpount dup.by shch pefsops AN ACT to mcorporate fa Merchants and Planter? M torsbares. or person, copartnership, o^ body politic, oil the sfopk held or , ' > Banf^tninefyityofAugiista., ( . owned by such persons or. perspn., eopartneVshifo or^body fie it enacted by tJie$enateand Douse cf Representatives'a Bank* politic, the shares o,r- share upon which; such ^failure shall • of the State of Georgia,'in Qenerql:Assembly met,,and it is t Forfeiture happen, or. accrue, shall be forfeited, tqyhe'.usp^^ of the said- fwreby, enacted bythe ^authority of fh$ same, That a bank 1 lhereof- bank', and may be agafo sold, and disposed laf'for the u^e and 'sh'all. be' established in the city, of Augusta,,the capital stock ImlT Proviso, benefit thereof; Provided,. that sixty 'dayslpreyib'ris notice whereof .shall be thffee.hundred thousand 'dollars, to be di- ^cf11 of the time within, which, and. the plapewhefe such payment' vjded irito three thousand shares, bjf brie hundred dollars '"""fni is required to' be rriade, be published in at leasVqne publjc. each, of which two hundred shares shall be reserved until-joiim1 " gazette of Savannah, Augusta, arid..B|iltedgeviljte."^ ^ ithqfiigt'day; of January, .eighteenjhundred and twenty-hine, Dividends . § 4. And be it.[further] enacted by the authority af yresaid ', on. the original terms, then-qr at any prior lime to be taken reservwi f ciaredlmif- That dividends of the profits of the sai'd/baqik, or df so much by the State, according to the pleasure of the Legislature,, nleSUl', yearly. thereof as'shrill badeenled.1 expedient arid, proper, sha|l be. whefeby'jthe State,, at any sufoequent/ election,' shall,been-^ declared and paid half-yearly-; arid, the'said dividends shall titled to the:appointnierit of two, directors ; and if they.be -from time to time he determined by a. majority of the di- not then taken by, the State; to be disposed, of 4n' manner- Capital ' rectors, at a meeting toi be.h^ld for that purpose, and shall hereinafter provided ; aod also; with the'privilege of jn-=, capital bedhni?10 *n P°*9ase exceed the amount-of the nett profits actually ae- icrdasing, such 'capital at any time .thereafter' as the stpck-^sikde l11 nishedat quired by the company, sov-that' the capital stock thereof folders may desire,-to thesriiri of six hundred thousand dol auyume. gfjall never be impaired by dividends. ' lars, which sum shall be divided into share's aSvabove, r What shall § 5. And be it further enacted, Thatv whenever/ any '§ And be if further eriacted; by the Authority afprdsaid, Snbwiip- chartered bankr qr the branch of ^ny chartered'bank, of this That subscriptions for constituting the sahl bank shall be Uwnotes of °fficer' agent, or other/person, shall demand^^pay- opened qn.the first Monday in February nex^t, at the city of Augu.u-- any^Bank ment of the notps of another chartered bank, or of the nqtes of Augubta^ under the superiritendfenGe^ of. Edward Thdmas; whena'di6- any branch of any chartered bank, it shall be lawful for the Joseph Wheeler, and William Bostwiclc, cpinmiss'ioners for mand shall bank or branch bank of which payment may he demanded to "eleven hundred and fifty shares ;,-at the city of Savannah, CiiyorJi be made. jie(jeeiI| jtg not6s with, and tender in payment of the same, the under the superintendence!of Benjamin Burroughs, IJeze-vanlial'" notes of the bank or branch bank making the demand : and kiah fdrd, and O. Tail, for six hundred shares; at Wash-' , if the bank or branch bank'making the demand shalj refuse ington, Wilkes county, under the superintendence of Wil- to take its own notes in payment of the notes of the bank l^am' Deering, A, Gt Semmes, and Hopkins W. Brewer, for BANKS. 81 uhraa. one hundred and fifty shares; at Athens-, under the superintend- ence of Stephens Thomas, J. A. Cobb, and S. Brown, for .exington. fifty shares; at Lexington, under the superintendence of J. Gillespie, Edward Coxe, and John Moore, for one hundred etersburg. shards ; at Petersburg, under the superintendence of Archi- bald Stokes, John VVatkins, and Henry M. Watkins, for one reens- hundred shares ; at Greensborough; under the superintend- oro' ence of N.Lewis, D. Hungerford, and J. West, fof one [iiiedge- hundred and fifty shares ; at MilledgeviHei under the super- ' e" intendence of Seaborn Jones, Thomas H. Kenan, and. H. •aeon. \v. Malone, for one hundred and fifty, shares ; at Macon, under the superintendence of Isaac Harvey, O. H. Prince, mrta, and E.'D. Tracy, for one hundred shares ;• at Sparta, under the ' superintendence of N. C. Sayre, W. P. Ford, and John raynes- Lucas, for one hundred shares ; -at Waynesborough, under J'ro* the superintendence of John Whitehead, S. Sturges, and IpuisviUe. John Carpenter, for fifty shares; at Louisville, under the [ superintendence of Samuel W. Robbins, Asa Holt, and is.Mary's. John Murphy, for fifty shares ; and at St. Mary's, under the ij superintendence of William Gibson, J. N. Chappel, and • Commit Archibald Clarke, for fifty shares. A majority of whom hners shall be competent to the discharge of their duties, and'the 11 thetfans- k°°ks subscription shall be kept open for the space of ;1 tion of -three days, during Which time it shall and may be lawful for i any person or copartnership, being citizens of the United States, corporation, or body politic, established in the United n^ber^of States, to subscribe for any number of shares, not exceed- : i ihTsub- ing fifty, except as hereinbefore provided relative to the i^fg^ State ; Provided, that, if the whole number of shares be not idliviso. taken up within the space of three days as aforesaid, then, and in that case, it shall and may be lawful for any person i{ . pr copartnership, being citizens of the United States-, cor- n. poration, or body politic, established in the United States, ' . to subscribe for-any number of shares unsubscribed for'as nn'er of aforesaid ; and the sums respectively subscribed-for shall be s. ount1 of Payable in manner following, viz. ten per cent, at the time ires. of subscribing, ten per 'cent, at the expiration of sixty days te, thereafter, and the balance pf eighty per cent, so subscribed for at such times as the same shall be required by the di- ^ tice to rectors; Provided, thatsixty days' previous notice of the eiven' time at which such payment is required to be made be given in (1)i onp of the gazettes of Augusta, Savannah, £nd Milledgeville; and provided, that no payment shall be required at any time between the first of July and the first of November in any. ni v year. >■ case of § 3. And be it further enacted by the authority aforesaid, ' hireK) there $hall be a-failure in the payment of any sum ^uureat sl^scriked by any. person, copartnership, or body politic, i! >rfeiture, when the same is required to be paid by this act, or when it "ires may shall be required to be paid by the directors, the share or lilain be shares upon which such failure shall happen or accrue, shall of 'J be, for such failure, forfeited, and may be again sold and' e. . disposed of in such manndr as the directors Shall order or rt prpvide; and the preceeds from such sale, together with .f the sum or sums which may bave bee'n paid thereon, shall It enure to the benefit of the said corporation. fr'ho may §4. All religious, charitable, and literary corporate in- l uneyfnot stitutions within this-Statey shall be allowed to deposite any 'amount sum not exoeecling fifty thousand dollars, at any time during J. 'ty tiiou- the existence of the bank, for which scrip shall be issued rs? and at Par value of the stock, entitling them to receive divi- " ripl'orthe on same terms with any pther stockholder : Pro- •riiie. r 8 vided always, however, that in case such religious, charitable, I roviso. or fiterary institution, shall be disposed to sell such scrip at any time thereafter, that in such case it shall be first ten- dered to the bank at the price given for it, -and only in case > of a refusal on the part of the bank to purchase said scrip, 1 so tendered, shall it be lawful for them to dispose of the* same elsewhere, ibwihers § 5- And be it further enacted by the authority aforesaid, Urppri That all those wh6 shall' become subscribers to the said- on. ' L bank, their successors and assigns, shall be, and they are hereby created and constituted a corporation and body po- litic, by the name and style of" The Merchants' and Plant- its style, ers' Bank;" and by that name-shall be, and are hereby Privileges, made afile and capable in law, to have, purchase, receive, possess, enjoy,.and retain, to them and their successors, lands, rents, tenements, hereditaments, goods, chattels, and effects, of whatever kind, nature, or quality the same may be, and the same to sell, grant, demise, alien, or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend and be .defended, in courts of recordj or any other place whatsoever; and also to make and have a common seal, and the same to break, alter, and renew at their pleasure ; and also to ordaip, establish, and put in exe- cution such by-laws, rules, and regulations as shall seem necessary and convenient for the government of the said corporation : Provided, that such by-laws, rules, and regu- Proviso, latiohs be not contrary to the constitution and laws of this State, or of the United States ; and generally to do and exe- cute all and singular such acts, matters, and things, as to them may Or shall appertain, subject, nevertheless, to the rules, regulations, 'restrictions, limitations, and provisions, hereinafter prescribed. §'6. And be it further enacted by the authority aforesaid, There shall That for the well ordering of the affairs of the said corpo- rectors8 D' ration, there shall be nine directors, who shall be elected as elected a® , , 4 „ soon as 20 soon as gold ana silver coin to the amount of twenty per percent.,in cent, of the subscriptions for the said stock shall have been ferfispakL received. And in each and every year thereafter, the di- To'be cho* rectors shall be chosen by the stockholders or proprietors of !i^annu* the capital Stock of said corporation, when a plurality of votes given in shall be required to make a choice, and those who shall.be duly chosen, at any election shall be capable of serving as directors, by virtue of such choice, until the end or expiration of the first Monday in January, next en- suing the time of such election, and no longer. And the Shan said directors, at their first meeting after such election, shall president, choose one of their number as president, and in case of his death, resignation, removal from the State; or from the board cancyf of direction, the said directors shall proceed to fill the va- cancy by a new election for the remainder of the year: Pro- Proviso. vided always, and be it further enacted, that as soon as the sum of twenty-five per cent, as aforesaid, shall have been actually received by the chmmissioners in the several towns where the books may have been opened on account of the subscriptions to the said stock, such sums shall immediately The con.- thereafter be transmitted by them to the commissioners in Augusta, whose duty it shall be,' on the receipt of the rai towns amounts so transmitted, to give notice thereof in one at [ransmit, least bf the gazettes of Augusta, Savannah, Milledgeville, Washington, and Athens, and at the same in like manner sionersat notify a time and place'within,the said city of Augusta, at the distance of pinety days at least from the date of such notification, for proceeding to the election of directors, and it shall be lawful for election to be then and there made ; The first and the persona who shall be then and .there chosen, shall andshan' be the first directors, and shall receive from the said com- receive tfc* missioners the money which may have been received by froiTthe' them, and shall be capable of acting by virtue of such So™' choice, until the end or 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 bank at the said city of Augusta : And provided, further, that in case it should at any time happen, that an election of directors should not be made upon any day when, pur- suant to this act, it ought to have been made, the said corpo- ration shall not, for thht cause, be 'deemed to 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 rules and by-laws of the said corporation ; and provided, that in case of the death, resignation, ab- 82 BANJOS.' sence from the State, or removal of ji director, his place tion shall at any time owe, whether by-bond, blfi, note, or thewrpo may be filled up by a, new choice for the remainder of the other contract, shall not exceed three times the amount of year, by the remaining, directors. . their capital stocky over hnd' above the amount pf specie times % The Direc-» § 7. And be it further enacted by tfie authority aforesaid, actually deposited in their vaults for safe keeping : in case c^uai'01 timefbeinge That the directors for the time being shall' haye power to of excess, the directors under whose administration it shall ^ek- Sowertoe aPP°*nt such officers and clerks under th'etn, as shal( be ne- happen shall be liable for the same in their individual, na- excess^ appoint0 ces^ary for executing the business of the said corporation, tural, and private capacities, and an actjon of debt may, in officers, and to allow them such compensation for their services, re- such case, be brought [against] them, or any of them, their, their pn. spectively, as shall be reasonable: and shall be capable of or;any of their heirs, executors, administrators, in any court cuie».capi' exercising such other powers, and authorities for the well- of record in the United' States, having competent jurisdic- governing and ordering the affairs, of "the said corporation, tion, or either of therp, by any. creditor or creditors of the as to them shall appear cbhducive to the interest of the in- said corporation, and fna'y be prosecuted to, judgment and Stitution. ', , execution,, any condition, covenant, .Or agreement to'the mental § -^nd it further enabted by the authority aforesaid, contrary notwithstanding ; but this shall not be construed fo Property of reguia- That the following rulCs, regulations, limitations, and pro- exempt the said corporation, or the lands, tenements, goods, ^0^ tions. j visions shall form and be fundamental articles pf, the consti- and chattels of the same, from being also 'jiable for, ,and ,iable- tution of the said corporation; ' ( ' chargeable with, the. said exCeSs. And such of the said Hotf ab. Quaiifica- 1. The number of votes to which each stockholder shall directors who may have been absent when 'the said excess votersf be entitled, shall be according to the number of shares he was contracted dr created, or who may have dissented from shall hold, each share to be entitled to one vote : Provided, the rQsolut^om pr ict whereby thC" same was so contracted onerstel1 that no share or shares shall confer a right of suffrage which or' treated, 'may respectively exonerate, themselves from shall not have been holden three.calendar months previously being so liable, by having their dissent* if present, entered to the day of election, and unless it be holden by the per- -on the minutes of the said corporation. son in whose name it appears,' absolutely and bona fide, in v 9. The; directors, shall have power to issue to the sub- Stock bow . his own right, or in that of his wife,Mnd for his or her sole, spribers their certificates of stock, which spall be transfer- use and benefit, or as executor, administrator; or guardian, able on the books of the cashier only, by personal entry of ' or in the right and use of some copartnership, corporation, the stockholder., his legal representative, of attorney, duly or society, of which he or she may be a.member, and .not in authorized by special power, for that purpose, trust for, or to the use of any other person afty stockholder 1.0. The company shall in no case, directly or indirectly, Tiewrpo. being absent, may authorize by power of attorney under be' concerned/in commerce Or insurance, or importation or seal, any other stockholder ta vote for him, her, or them.' exportation, purchase-or sale,, of any goods, wares, or 'mer- cemedin Who may 2. None but a stockholder, entitled in his own righ'tto chandise whatever, (bills, of exchange, notes, and bullion &T1"^ asamrec- ten shares, and being'a citizen of the State, and not. being a only excepted), except suph goods; wares, or merchandise'^^ tor- director of any other bank, shall be eligible as,a director; as shall be truly transferred, conveyed, or pledged to them, maybe and if any one of the directors, iafter being elected, shall at by way of security, for money actually loaned and advanced, .pf^i, any time during the term for which he shall 'have been or for debts due? owing, or growing due to the said eorpo-certailk chosen, cease to be a stockholder, his seat shall thereupon ration, or purchased by-'tbem to secure such debts, so due Casy a ma- Indsecu- being, before he enters' upon rhay be lawful for any person or copartnership, being citi- scribe for zens of the United States, .corporation, or body politic, established in the United States (banking institutions ex- shaies not cepted), to subscribe for any number of shares not exceed- fif*y.edins ing fifty, except as hereinbefore provided relative to the State.; Provided, that if the whole number of shares be not Proviso, taken up within the space of three days as aforesaid, then and in that case it shall and may be lawful for any person or copartnership, corporation or body politic, except as herein- before excepted,'to subscribe for any number of shares un- subscribed for as aforesaid, and the sums respectively sub- S"JscriP- scribed for shall be payable in manner following, viz. five paj^bie.W per cent, at the time of subscribing, and fifteen per cent, at the expiration of four' months thereafter, and the balance of eighty per cent, at such times as the same shall be required by the directors ; Provided, that sixty days' notice of the Proviso, time at which such payment is required to be made be given in one of the gazettes of Columbus, Macon, and Miiiedge- ville, and provided that no payment shall be requested at any time between the first of July and the first of November, in any one year. § 3. And be it further enacted, That if there shall be ][ar^*urc* a failure in the payment of any sum subscribed by any pei;- payment, son, copartnership, or body politic, when the same is required to be paid by this act,'or when it shall be required to be paid by the directors, the share or shares upon which such failure shall happen or accrue shall be for such failure for- feited, and may be again sold and disposed of in such man- ner as the directors shall order or provide, and the proceeds from such sale, together with the sum or sums which may have been paid thereon, shall enure to the benefit of said corporation. § 4. And be it further enacted, That all those who shall ®uabdsecraiber* become subscribers to the said bank, their successors and body cor- assigns, shall be, and they are hereby created and consti- P°rate- tuted a corporation arid body politic, by the riame and style of "the Bank of Columbus and by that name shall be, priviiegM, 84 BANKS. and are hereby made able and capable inlqw to have, hold, clerks under them as shall be necessary for exectfting the office™, purchase, receive, possess, enjoy, and retain, to- them and business of the said corporation, and allow them such com- gemnu? their successors, • lands, rents, tenements, hereditaments, pensation for their services, respectively, as shall be reason- goods, chattels, and effects, of whatsoever kind, nature, or able ; aqd shall be capable of exercising such other powers quality the same maybe; and the same to sell, grant,rde- and authorities for the well-governing and -ordering the mise, alien, or dispose of; to sue and be sued, plead and affairs of said corporation, as to them shall appear conducive be impleaded, answer and be answered, defend and be de- to the interest of the institution. • fended in courts of record, or any other place whatsoever ; §7. And be.it further enacted, That the following rules, Funta- and also to make, use, and have "a common seal, 'and the regulations, limitations, and provisions^ shall form and bej^31 same to break, alter, and renew at their pleasure and also- fundamental .articles of the constitution of the said corpo- to ordain, establish, and put in executiqn guch by-laws, ration. , rules, and regulations as seem necessary and convenient for 1.; The number of votes (o which each stookhblder shall Quaiifiw Proviso, the government of said corporation ; Provided, that such be entitled to, shall be according to the number of shares vote/if by-laws, rules, and regulations be not contrary to the con- he shall hold, each share to be entitled to y pdw.er of attorney, under seal; any other stockholder to bythe^3 thereafter, the directors shall be, chosen by'the stockholders vote for him, her, or theim.. atockuoid- or proprietors of the capital stock of said Corporation; when 2. None but a stockholder, entitled in his own right to Who iM ors' a plurality of votes given in shall be required to make- a thirty scares, and being a citizen of this State, and not choice, and those who. shall be duly chosen at any election director of any other bank or branch bank, shall be eligible recu>'- shall be capable of serving as directors by'virtue of such as a director ; and if any one of the directors, after- being wneru choice, until the end or expiration of the first Monday in elected, shall at any time during the term for which he shall ^^°tt November next ensuing the time df such election, and no have been chosen cease to be a stockholder, his-seat shall Directors longer; and the said directory, at their first'meeting after thereupon'become vacated,.and the remaining directors, or s^atvi- President, each election, shall choose one of their oWn members, as a majority of them, shall, at their-next meeting,, pass an cate4 president; and in case pf his death, resignation, removal order, declaring him no longer.to be a director. • . from the State, or from the board of direction, the said di- , .3. The '.stockholders' shall make such compensation to compena rectors shall proceed; to filf the vacancy by a.-new election the president for his services as shall to them appear re a- Proviso, for the remainder of the year; Provided always, and be sonable. . ' . . . . - - Dutyofthe it further enacted, That as soon, as the sum of twenty [per] 4, No less than four directors shall constitute a board Howman srionersat cent- as aforesaid shall have been actually received by the for the-transaction of business^ of whom the president shall faces'!0113 commissi°hers at the several places where the books may always begone,- except in case of sickness or necessary ^cBoard| pointedTo have been opened on account of the subscriptions to the absence, in which case his place may be supplied by any °' •tockf6 °f sa^ stockj such sums shall immediately thereafter be trans- director, appointed by the board of directors present for that The duty mitted by them to the commissioners in Columbus, wbo^e purpose. • , misdoners" duty it shall be, on the receipt of the amounts so transmitted, » 5. A number' of stockholders, not 1less. than ten, 'who Noties • bu3Colam' *° notice, thereof in one of the gazettes' of Columbus, 'together shall be proprietors of five hundred shares or up- ^'ioV First Di- .Macon/and. Milledgeville,.ahd at the same 'time, in like wards, shall have power at' any time,to call a meeting ofers,pos- «ho80ern.hOW inahner, notify a time ahd place within the town of Columbus, the stockholders for purposes relative to the ^institution ; at the distance of thirty days; from, the date of such notifica- giving at least sixty -days'notice in a public gazette at tion, for proceeding to the election of directors, and it shall Clolumbus, MacOn,. and Milledgeville,. specifying in sqch shall tali i be then and there lawful for the election to be made, and notice the objector objects of such meeting. meetiDfr the persons who shall then and there be chosen, shall be the 6. The cashier of the bank for the .-time being, before,he Cashier to first directors, and shall receive from the commissioners the enters upon the;duties of his office, shall give bOnd, with two money which may have been received by them, and shall or fiibre securities, to the satisfaction 6f the directors, in a ritr- be capable of acting by virtue- of such choice, until the end sum' not less than twenty thousand dollars, with condition Operations or expiration "of the 31st day in October, 1830,'and shall for" his good behaviour and the faithful discharge of his commence', forthwith thereafter-commence the operations of the said duties. > " ' Proviso, bank at the said town of Columbus'; And prQvijled further+ ' 7. The lands, tenements, and hereditaments, which. it m what that iri case it should .at any time happen that an election shall be lawful for the "said corporation to hold, shall be^^3®4 for directors should not be made upon any day when pur- only such as shall be required for its immediate accoqimoda- purposw, shant to this act it ought to have been made, the said cpr- tion in relation' to the convenient transaction of business ;,ratioTi£y poration shall riot for that cause .be deemed to be dissolved, and such as shall have been bona fide mortgaged to it as J^,ere31 Elections but it shall be lawful on any other day to hold and, make an security, Qr conveyed to it in satis/action of debts previously litedby^he election of directors in £uch manner as shall,have been rer contracted'in the course of its dealing's, or purchased at by-iawa, gulated by the rules and by-laws of the said corporation: sales upon judgments which shall have been obtained for c' * and provided, that in case of the death, resignation, absence such debts; which said lands and tenements, conveyed to it And for from the State," or removal,of \ director, his place ipay be in satisfaction of said debts, or purchased at sales upon of filled up by a new choice, made by the remaining directors judgments obtained by said corporation,'shall, not be held or t""*- for the remainder of the year. . ' ' remain in possession of said corporation for more than twelve em^wered §6. And be it further'enacted, That the* directors for the months after said conveyance. * ' to**PPoint time being shall have power to appoint such officers and 8. The total amount of the debts which the said corpora- BANKS. 85 The corpo- tion shall at any time owe, whether by bond, bill, note, or J)we"h"eey other contract, shall not exceed three times the amount Of S'«ountieof their capital stock actually paid in, over and above the fte capital0 amount of specie actually deposited in the vaults for safe xlTJase of beeping : in case of excess; the directors under whose ad- excess, act- ministration it shall happen shall be liablte for the same in orluabiein their individual, natural, and private capacities; and" an vate ca" - act^on °f debt may such case ke brought against them dties.C^)a or any of them, their or any of their heirs, executors, ad- ministrators, in any court of record in the United States, having competent jurisdiction, or either .of them, by any ere- ditor or creditors of the said corporation, and may be pro- secuted to judgment and execution, any condition, cove- nant, or agreement to the contrary notwithstanding; but Property of this shall not be construed to exempt the said corporation, ration"also or the lands, tenements,' goo'ds, and chattels of the same liable. jfrom being also liable for and chargeable with the said ex- How ab- cess ; and such of the directors who may have been absent dissennng when the said excess wa§ contracted or created, or who maeCbee may ^ave dissented from the resolution or act whereby the onerated. same was so contracted or created, may respectively exone- rate themselves from being so liable, by having their dissent, if present, entered on the minutes of the said corporation, stock how 9. The directors" shall have power to issue to the sub- transfera- scribers their certificates of stock, which shall be transferred on the book of the cashier only, by personal entry of'the stockholder, his legal representative or attorney, duly author- ized by special power for that purpose. 1 The corpo- 10. The cpmpany shall in no case, directly or indirectly, ration not , . 1 r , . •" i to be con- be concerned m commerce or insurance, or in the importa- 'commerce ^on or exportation, purchase or sale of any goo'ds, wares, (&c. ' and merchandise whatever (bills of exchange, notes, and j Goods, &c. bullion only excepted), except such goods, wares, and mer- ®heid as chandise as shall be truly transferred, conveyed, or pledged pledges, to them by way of security for money actually loaned and c* tain ^calses" advanced; or for debts due, owing, or growing due to the said corporation, or to; effect the insurance on the property that may belong to, or. be pledged to the said company for its ! security. [ Bills,notes, 11. The bills obligatory and of "credjt, notes, and other |Jgnedbybe contracts whatever on the behalf of said corporation, shall > the Presi- be binding and obligatory on the said company, provided counter- the same be signed by the president, and countersigned or thencaSbiy attested by the cashier of* the said corporation; and. the ier, other- funds of the corporation shall ill no case be held liable for i funds of6 any contract or engagement whatever, unless the same sl?all ' not liable s0 s^ne^ and .countersigned or attested as aforesaid; t ' and the books, papers, and correspondence, and the funds of , the company, shall at all times be "subject to the inspection 1 of the board of directors and stockholders, wfien convened according to the provisions of this act! ' howand5 -Dividends profits of the corporation, or of so ! when de- mpch thereof as shall be deemed expedient and proper, shall termmed. he declared and paid half-yearly (the first half, after the bank shall have been in. operation, excepted) ^ and,the said divi- dends shall, from time to time, be determined by a majority Capital of the directors, at a meeting to be held for that purpose, betmpair- and shaI1 in ?° case exceed the amount of the nett profits ed. actually acquired by.the corporation, so,that the capital stock thereof shall never be impaired. Director* 13. The directors shall keep fair and regular entries, in a andregufar book to-be provided for that pqrpose, of their proceedings ; S5£'» and on any question, when two directors shall require it, the yeas and, nays of the directors voting shall be duly entered on their minutes, and those minutes be at all times, on de- mand," produced to the stockholders*, when at a general meet- ing the same shall be required. Duration of 14. The corporation shall exist and continue until the first ny! C0Jnpa" day of January, one thousand eight hundred and sixty ; and immediately after the dissolution of the said corporation, effectual measures shall be taken by the directors last ap- it* affairs pointed and acting, for closing all the concerns of the com- u°cTafter pany, and for dividing the capital stock and profits which dissolution may then remain among the stockholders, according to their respective interests. 15. The persons and property of the stockholders for the Personal time being, in said bank, shall be pledged and bound in pro- myTf'the portion to the amount of the shares that each individual or company may hold in said bank, for the ultimate redemption manner as of the bills or notes issued by or from said bank, during the coimne" time he, she, or thpy may hold such stock, in the same man- ciaicasw. ner as "in common commercial cases, or simple cases of debt; and that the State be( pledged for the ultimate redemp- tion of the bills or notes of said bank, in proportion to the amount of the value of. shares that shall or may be sub- scribed for and held by the said State. § 8. And be it further enacted, That no stockholder shall ?°.stock' t -it n -lii l/--. holder per- be permitted to borrow money trom said bank upon the faith mitted to or pledge of their stock, but shall be subjected to the same neyTn'the rules and regulations in borrowing money therefrom as any faith of Other customer of said bank. s oc ' ' § 9. And be it further enacted, That if the stock herein What shall reserved to the State should not be taken within the time the^ent" herein limited, that the same shall be disposed of in such manner (is the directors for the time being may point out ta°ke the for the benefit of said corporation; and in like manner, g^ved^ should the capital of said bank be hereafter increased as her. contemplated by th^s act, the said increased stock shall be disposed of for the benefit of said corporation, in such man- ner as the said directors for the time being may think proper, or as a majority of the stockholders may direct. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1828. JOHN FORSYTH, Governor. AN ACT further to amend an Act, entitled An Act [no.197.] to incorporate the Planted Bank of the State of Georgia, and to repeal the former Act for that purpose. Wher.eas, experience has proved that it is proper to redact Preamble, the number of the directors of said institution, and in other respects to alter its act of incorporation ; Be it enacted by the Senate and House of Representa- tines of the State of Georgia, in General Assembly met, rector* and it is hereby eriacted by the authority of the same, That |fta"bgCT0' the number of the directors of the Planters' Bank of the State of Georgia, from and after the passage of this act, the stock- shall-be ten, of whom eight shall be elected by the stock- bj holders and two by the State. t the state. § 2. And be it further enacted by the authority aforesaid, in eertaia' That during the months of July, August, September, and£°^con. October, four of the directors shall constitute a board for the . transaction of business. 6 3. And be it further enacted, That in case of the sick- What^shaii ness or necessary absence of the president, without having case ore ,B nominated a director to supply his place,.or in case of thesickQe5B- sickness or necessary absence of such director also, his place may be supplied by^ the election, by the directors then pre- sent, of a president pro tempore from their own number. . IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FQRSYTH, Governor. 86 BANKS. [no.198.] AN ACT to establish a Bank at Milledgeville, to be dred thousand [dollars], for the . faithful discharge of'their called and known by the name and style of "the Cen- duties as directors aforesaid'. . tral Bank of Georgia" to appropriate Moneys, Bank § 6. And be Jt further enacted, That the cashier of said The Ca4 . Stock, and other Securities, to> form, the Capital Stock bank"> before entering upon the duties of his office, shall of said Bank, and to incorporate the same.. mak® and deliver to lnsexcellency the Governor, for the time, and ^u- being, and his successors in office, hi9 bond, with good and sUm Preamble. ' 'Whereas, it is deemed expedient and beneficial both to the sufficient securities, in the sum of one hundred thousand dpi- State and its citizens, to establish a bank on the funds of the lars, conditioned for the faithful discharge of hitf duties as douan ,] ' State," for the purpose of discounting paper, an c&naking loans', cashier aforesaid ; and all other officers of said bank shall Aiso.au ' upon terms more advantageous than has been heretofore each give bond and security, in the manner and form afore- customary ; " . . . t > said, in the sum of twenty thousand dollars ; Which bonds, so Bondstoi* The Cen- Be it therefore enacted by the Senate and House of Repre- taken*,„shall be, by his excellency, the Governor, deposited in deP°8ltei Of'Georgia sentatives of the State of Georgia, in General Assemblymen, the pffice of the Comptroller General; and all the officers And shall established arid it is hereby enacted by the ayihority of the same, Thdt a- of said bank, before entering on the discharge of their ^aa viHe!"edSe" Bank shall be established in behalf of the State of Georgia, at respective duties, shall take and subscribe the'following Milledgeville, in said State, to be known and called, by' the oath, to wit: " I, i , do solemnly swear, that I will Oath. name and style of " the Central Bank,of Georgia," in the faithfully discharge the trust reposed in mei as i manner and on the conditions and limitatiofis hereinafter of the Central. Bank of Georgia; so help me trod >" which expressed. • oath shall be taken in .writing, signed by the party, and filed What shall §2. And be it farther enacted by the authority aforesaid, in the Executive Department. "■ • theScapitai That the money in the treasury of this State, not otherwise . § 7. And be it further enacted, That immediately after The Co-; •toek. appropriated ; the shares owned by the State in the Bank of the passage of this act,* his excellency the Governor shall ap- Augusta, in the Planters' Bank of the State of Georgia, in point three directors, , who' shall continue in office until the point three the Bank of the State of Georgia, and in the Bank of Diarien ; first day of January, eighteen hundred and thirty; at which aS" ,and all bonds, notes, ,specialties, judgments due the State ; - time; and on every first Monday iri Japuary thereafter, he shall and all moneys arising from the sales" of fractions and town appoint three directors for said bank: and provided he shall Proviso, lots heretofore made (and hereafter to be made) ; and all fail to appoint at tfoe time above mentioned, the old directors other debts and moneys at any time due the. State* shall , shall continue i/i office until his excellency the Governor constitute and forth the capital stock of said bank ; and the: shall make such appointments on any day thereafter; and Directon same are hereby appropriated for that purpose* and'are and such directors sha U be eligible to reappointment. lljgjiie!1* shall be vested in the president and directors of said bank, § 8. And be it further enacted, That when any vacancy Vacancies and their successors in office, as hereinafter prescribed ; and' shall happen in saivd board of directors, his excellency the shall be and remain the capital stock of said bank, and sub-,. Governor shall fill th-id same; • veraor. ject to the payment of all bills and notes issued by said bank: § 9. And it further enacted, That the president of said President'* The Di- and it shall be the duty of the directors to collect the debts ' bank shall receive(for his salary the sum of fifteen hundred ^ shall "col- due the State as early as practicable ; Provided, how.ever,' dollars per annum'; thve other directors of said bank shall Directon debtadue that every, person, ip debt to the State may be allowed to receive^ for their' salaries- seven hundred dollars each per ®T0° ^ the state, renew his, her, or their notes, bonds, or other specialty, annum;, the cashier, of .said bank, who shall perform Xbe cashier Proviso, agreeable to the provisions of this act, in the same manner duties of cashier and teller of said bank, shall receive for his ®1500- as persons borrowing money on accommodation paper : salary fifteen hundred dolla fs per annum ; and the salary of cierk and provided further, that when the time of payment has the clerk, who shall perform the duties of discount clerk and §100a been extended by the State, and when payments are not yet bookkeeper; shall be one thousand dollars per annum: due, no suit shall be commenced until the times of payment which said salaries shall be payable quarter-yearly, shall arrive; ' > - § 10. And be it further enacted, That the Governor, M3y![p. Taxes and § 3. And be it further enacted, That all the taxes - here- the president, and directors -of said bank be, and they are dend3be-V1" aW to be collected on account of the State, and all its hereby authorized/to appoint another clerk, witha salary of wiielte tbe^state* d^deods arising from stock in other banks, shall be depo- one thousand dollars per antiju m,whenpyer,in their judgment, to be deposited in said bank, to aid and facilitate its operations ; siib- the. business of said bank require it; to, whom shall be "ted* jecf, nevertheless, to,all the drafts on the part of the State,, assigned such part ofhhe duties hereinbefore mentioned as Proviso, authorized by legal appropriations ; Provided, nothing in they may think proper. 1 . . . • this, act shall be so construed as to interfere with the appro- , § 11. And be it further enac ted, That the said bank shall Shandi- priations of the proceeds' Of the bank s£ock heretofore set discount bills of1 exchange and notes on two or more good SiS , apart for the purposed of internal improvement and edu- 'securities or indorsers; -and the president and directors of aid now cation. , . 1 • said bank are hereby vested with p ower to require additional or m«T Three di- § 4. And be it further enacted,' That there shall be three security oh any note, or bill of exchange, made payable at^885 ^appoint- directors of said bank, who shall be apppinted by his excel- said bank, when, in their opinion, tihe interest of said bank May re- lency the Governor, to superintend and manage the affairs of shall require it. ' ■ - , WhomshaU said bank; which said director* shall elect a president from. § 12. And be it further enacted, That the total amount eldent Pre«* among their own body to presidepver said institution ; and of the debts which the said bank shall at any time owe, not owe The Di- the said president; and directors shalijiavepower to elect a shall not exceed the amount of Its capital,; - capital11 BhaUeiect cashier and clerk ; and the said cashier and clerk, so ap- § 13, And be it fuHher enacted, That no person,-who is qualifies- and^clerk P°inted, shall remain in office so long as: they continue to not a citizen of this State, or who is a director of any other p^ti' liable to re^ discharge their respective duties with fidelity ; subject to bank, or copartner of any such director, shall be eligible -as and Direct SeVDirbect-removal by the Governor, the-president, and directors of president or director of said bfthk ; nor shall the president, Not per- Governor10 sa*d hank; and any officer; so removed, shall not again be directors, or other officer of this bank be entitled to borrow '• eligible to hold any office in said bank. '' any amount of money from said bank, or shall their names the Bani, , Directors ~ § 5. And be it further enacted, That the directors of said bd received as endorsers in said bank. ' - ' ' * • &c* bond and bank shall, before entering upon the duties of their office, § 14. And be it further enacted, That the directors shall Directors ■ecurity. severally make and deliver tp his excellency the Governor keep fair "and regular entries in books, to be kept for that . for the time being, and his successors in office, their bonds, purpose,, of their proceedings; and on tiny question, when with good and sufficient securities in the sum of one hun- one director shall require it, the "yeas and nays of the di- c«eding»- BANKS. 87 At all times rectors voting shall be duly inserted on their minutes, and § 23. And be it further enacted, That so soon as the di- The Diree- Legiaia-the t^ose minutes be at all times, oh demand, produced to the rectors of said bank shall he appointed and qualified, ac- employ^1 Mure. Legislature,' or any committee thereof, who may require the cording to the provisions of this act, they shall, with as little ®e™rnPe" < same. , delay as possible, employ some competent person to procure sontopro- ■constituted §15. And be it further enacted, That the said bank is for the use of said bank the necessary plates, engravings, £Cr\pa1®*' lVj°rpora" hereby incorporated, • and made a corporation and body paper, and materials for the operations thereof, and shall draw on i, its style., politic, by the name and style of the k< Central Bank of draw their draft on his excellency the Governor for such vernor for Georgia," and so shall continue until the first day of Jariuary, sum of money as shall be necessary to meet the cost and ^®nptay* eighteen hundred and forty ; and by that name shall be, and expense of the same. jK'riviieges. is hereby made able and capable in law to sue and be sued, § 24. And be it further enacted, That so soon as the The opera- plead and be impleaded, answer and be answered, defend said directors and the other officers of said bank shall be ap- commence1 and be defended, in courts of record, or any other place pointed and qualified, that the operations of said bank shall as so.on M whatsoever; and all suits and proce'edings, instituted in any be commenced with the least possible delay; and the Go- bie.CtlCa" of the courts in this State, shall be in the name of the vernor shall deliver to the said directors the money in the aehr®0f£i. " Central Bank of Georgia,"'and not by attorney, as is usual treasury, not otherwise appropriated, the bonds, notes, spe- quired to , ray have with corporate bodies ; and aj^o to make, have, and use a cialties, ami debts due to the State, and the certificates of overall "mmon * comm°n seal, and the same to break, alter, and renew at shares owned by the Sta^e in the Bank of Augusta, the m°ney> iai, &c. pleasure; and also to ordain, establish, and put in execution Planters' Bank of* the State of Georgia, the Bank of the . such by-laws, ordinances, and regulations, as shall seem State of Georgia, and the Bank of Darien ; a schedule of necessary and convenient for the government of said cor- all which shall be made out and signed by the said directors, twiso. potation; not being contrary to the laws or constitution of and deposited in the office of the Comptroller-General. , this Statq, ' .§ 25. And be it further enacted, That the directors of Loans to ay issue §16. And be it further enacted, That the president and said bank shall distribute their loans as equally as practi- buted1"* ,tebyS'the directors ."of said bank shall have power to' issue notes, cable among the citizens of this- State, having due regard pquaiiy 'd^couu s^gned by the president, and countersigned by the cashiei;, to the population of the different counties: and no loan ckizena'of -signed" on behalf of said corporation, for such sums, and with such made'by said bank to any one person or body corporate, or ' ishier devices as they may deem most expedient-and safe; and any society, or collection of persons whatsoever, shall ex-regard toU rj, - shall be capable of exercising sqch other powers and autho- ceed twenty-five hundred dollars ; nor shall the directors of [f0enp°put^g j rities as may be necessary for the well-governing and order- the Central Bank at any time put in circulation the bills ^nt^es* t ing the affairs of said corporation, and of promoting the thereof to a greater amount than the aggregate qf specie in° timSa- interest and credit thereof. and bills of-the other chartered banks of this State, and the a°®unt l trans- § 17. And be it further enacted, That all the transac- bills of the Bank of the United States in its vault. greater "rations, tiotis, operations, and accounts of said bank shall be fairly § 26. And be it further enacted, That all suits com- aggregate ?nts kept in books, to be provided for that purpose, and that the menced by said corporation upon any note, bill, bond, or dibe said books shall at all times be open to the inspection of his obligation, Upon Which there shall be any endorser or en- &c. S* ailkept'" excellency the Governor; and that a general statement of dorsers, the maker or makers, together with the endorser maybe" ;®®o°Pen the transactions of said bank, signed by the president, and or endorsers, or their representatives, may be embraced and «®»- ction of countersigned by the cashier, shall be made annually, on the sued in thje same action, and no proof of notice, demand, against first Monday in November, to his excellency the Governor, or protest shall bie required on any trial to authorize a re- tate- and by him laid before the General Assembly- covcry. • dorsersin juaffy136 -§ 18. And be it 'further, enacted, ,That the books of said § 27. And be it further enacted, That the president and acUon"and '-Jtsopen kan'c S^ia^ be open to the inspection of the General Asseni- directors shall not allow-'any individual, company, or cor- of "the in- bly, or any committee appointed for that purpose.' ppratioU, to place any note, bill, or hbligation in said bank demandne- Gene-°f § And be it further enacted, That the bills or notes for collection. , ( NTnote r Assem- of the said corporation shall be receivable in payment of all § 28; And -be it further enacted, That the Central Bank wu, or"' \mittee, taxes and debts due the'State: of Georgia shall be subject and liable to be sued in law deposited**5 esre- § ^0. And be it further enacted, That the directors of and equity, and a copy of any process left at the banking- [°0rncollec" able in said bank shall not require town endorsers upon any note or house shall be deemed good and sufficient service. The* Bank ffiu* obligation made payable at said bank, when the country en- §29. And be it further enacted, That nothing in this 2? 10 b" ierSen~ dorsers are deemed amply responsible to Secure the pay- act contained shall be so construed, as to prevent the alter- Whatshaii 1 not ment of the same ; and 110 notice or protest shall be ne'ces- ation or repeal of any part, or the whole of this act, should This^'ar- ed. sary to charge any endorser, nor shall any charge be made any subsequent General Assembly deem such alteration or ["altera-" >i:notice by any notary public, for noting for non-payment or protest- repeal expedient. - "on by a - SS ing any note due at said bank. . IRBY HUDSON, £atureLe" iciarge § 21. And be it further enacted, That on all accoinmo- Speaker of the House of Representatives. ■lf-ier. - 'dation notes running at said bank, the makers thereof shall THOMAS STOCKS, ^on m°" renew thci* notes once in six months at least, by paying up' ' t President of the Senate, sto be the interest in advance, at the rate of six, per centum per Assented to, December. 22d, 1828. annum, or for shorter periods, as the said makers may think JOHN FORSYTH, Governor. "y&x . . "'rate of Pr0Per' 'Provided, nevertheless, that the. directors may call -ercent. at any time on the maker of any discounted note for addi- AN ACT to amend "An Act to establish a bank at Alii- I>o-199.j tional security, and if he shall refuse or neglect to comply -ledgeville, to he called, and known by the name and iff, within twenty days after notice, said note shall be deemed and sty% 0f fa Central Bank of Georgia, to appropriate «; considered due, and suit shall be [commenced] immediately. Moneys Bank. Stock, and other seatrities, to form the 1 -i f1 /f ne, f ■ T ' directors of c ^ Stgck . ^ Unk md f0 imor^ate the -Cans said bank shall loan as much money upon accommodation .» ^n^cdnn the tmentn-wrnnd of December nesaccom- paper as the interest and safety of said bank will permit, . j ' T" and they shall not require to be paid upon sudh accommo- aSl^n and tweMy-mght; and f°t?pro- aPm°re dation loans more than twenty per centum per annum of the ^e for the disposition and sale of lands fdrfeited to principal thereof, unless the exigencies of the bank shall * State. J #1 annU- require it. Be it enacted by the Senate and House of Representative* 88 BANKS, SchutU- ®tate °f GeorSia> «« General Assembly met, and it §7. Bb it further enacted by the authority aforesaid, ®«jgy b g h u enacted by.the authority of the same, That no* That the directors of the said bank be, and they are hereby delivery iwoon- a thinS contained in the said act shall be so construed as to authorized to'deliver to the obligors, or makers, all bonds, •5SKninto pre*ent or Prohibit.the directors of the said bank frojn al- notes, or other obligations, which have been transferred to*nogfe. debts due lowing any person indebted to the State, inasum exceeding the said bank, and which have been, or may hereafter be, have bew by6intot twotbousand five hundred dollars, from renewing his, or her, fully paid and satisfied". , ., toasafdrrf duals, &c. or their notes, bonds, or other specialties, for the whole §8. Beit further enacted by. the authority aforesaid, Bankaad . amount of his, her, or their debt, according to-the provi- That in making settlements with the debtors* of the gjtate, J®1^ ^ sions of the said act. But the said bank shall allow any the directors of the" said barfk shall demand and require the bede^ person indebted to the State, in any amount, to run notes in payment of interest thereon, from the time the said debt time the' ' said bank for the same. . became due, according to the terms of the original contract. jj awTsh&ifbe § 2* Be ** farther enacted by the authority aforesaid, § 9. Be it further enacted by the authority aforesaid, cWingtr construed That nothing contained in the twenty-second section of the That in no suit or action in any court 'of this State, in which to' thealper a°t shall be so construed as to prohibit the directors the said' bank may be a party, shall it be lawful for the pther g®®^ from requiring to be paid in, upon loans already made, or party or parties to require the said, bank to produce the the Bant hereafter to be made, twenty per centum per annum on the books of the • banlt 'into. court in evidence; nor shall it be ®eqaij^ original amount of the said loan.. lawful for such party or parties-to require, by subpoena or any suit, bedistrS > § 3- Be it; father enacted by the authority aforesaid, otherwise, the attendance of any officer of the said bank in Nor shaii buted That the directors of the said bank shall.hereafter distribute court, on the trial of such cause. But whenever, in any gejww CoSmie?6 tbeir loans as equally as practicable among the citizens of such suit,, it may become necessary for the attainment ofanceofii, totfiingo- th'S State' bavinS due regard to the population of. the dif- justice, that1 the evidence contained in the said books, or the ^ puiatTon?0" ferent counties, on the basis fixed by the seventh section of testimony of such Officer should be had, itshall and may be berequmi ,the first article of the'constitution. , lawful for either party in such cause, requiring such evidencefevtoreoi to receive § 4" Beit father enacted, That the directors of the bank or testimony, to take o(ut a commission, m the usual man- ail the divi- shall be, and are hereby authorized and required to receive per, to exajmlne the officers of the said bank, as to the con- maybeot tog dfromiS" a11 dividends which may become due oq .the bank Stock1 tents of, the said books, or as to their own knowledge of thetamed" B^ikstock, now owned by the State, and to pay over so much thereof facts,.notwithstanding such officer may reside, in the courity c' as has been heretofore-set apart for internal improvement in which such suit,may be pending. and education, to the treasurer. . . § 10. Be it further enacted by the authority aforesaid, mam required8to § Be ^ furt^er enacted by the authority qfqresaid, That it shall be the duty of the directors of the said bank, when, procure a That the directors of the said bank be, and they are hereby to cause all the lands which have been, or may hereafter be, aiithe61 ° authorized and .required immediately to -take the necessary forfeited to the State, and all lands which were intended to sold. Won»ingk measurea to procure a transfer on the books of the several be disposed, of, but were not drawn for in the several land to the"state banks in which this State owns stock, of the said stock so lotteries of this State, to;be sold at public outcry before thedraffflfc owne4 by the* State, in the said bank's respectively, to the court house in the county in which the land lies, between the said Central Bank of Georgia ; and that the said several usual hours" of sheriff's sales, on such days* as the said di- banks in which the State owns stock, be; and they,are rectors may deem bests Provided always, that sixty days' hereby authorized, oh-the application of the directors of the previous notice of the time arid place of such intended sale,'be given, said Central, Bank of Georgia,'to transfer all the said stock .with a description of. each tract of land intended to be sold, so owned by the State in such banks respectively, to the said- shall first be published in one of the gazettes printed in the Central Bank of Georgia.. . < - - " circuit in whicfi such land piay be situate^ if there be such Thich8an' § ^ ^ father enacted by. the authority aforesaid, gazette, and also in the'gazettes published in Milledgeville: ofthedebtvThat persons indebted to the State for lands, or other real And -provided also', that nothing.contained in this section statefshafi estate> bond, note, or otherwise, and where the said debt is shall be so construed as to .operate upon or affect any indul- have to put payable by instalment, be, and-they are hereby allowed to gence which has been, or may be extended by the present iiotes when discount their notes in the said bank for the Whole amount Legislature, to the purchasers of lands already forfeited, the debts^ of the said .debt, upon the same conditions, reservations, apd , §11. Beit further enacted by the authority aforesaid, brinstai"6 restrictions, as other debtors of the State are allowed to ob- That if' any purchaser or purchasers of lands now forfeited, ?bas«U interest for ta*n discounts ; arid that in estimating the amount due on or which may hereafter be forfeited to the State, shall settle an sums such debt, when such debt does, not bear interest, a deduc-' with the said bank tjie amount of the original purchase- land is re- be1 dedudt- tion shall be made therefrom of an amount equal to the -money remaihing unpaid,- with the interest due thereon, at^'lTw «d. . v discount of six per Cent, on the debt, from the time the said any time before' thd'said land,is resold, as provided in the discount shall be granted, until the.same shall becoffie pay- tenth'section of; this act, then,', and in such case, the title to terest, ui able, according to the terms of the original bond, note, or the said land shall be reinvested in such purchaser as fully Grants for contract; and that upon the note of $uch debtor being dis-" aqd absolutely as if the Said land had not been forfeited. STases counted ^ . aforesaid, and; the proceeds thereof passed to §1.2. And be it further enacted. That in directing, by ant^ sue of them in terms of the charter, and all other notes and bills of exchange that have been, or may hereafter be discounted by said bank, in as full, perfect, absolute, and unqualified a mannur, as they could have been used, enjoyed, and e'xer- cised by the State, had no such transfer been made, or such bank been" established. Mocierk §13. And be it further enacted, That from/and after the passing of this act, it shall not be lawful for any clerk for- iiank shall clerks of the Central Bank to be a director of any other he a Direct- . ■ or of any bank m this State. Repealing § *4. And be it further enacted by the authority aforesaid, Niause That all lawa'and parts of laws militating against this act be, and the same are hereby repealed. WARREN jourdan, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 1,9th, 1829. GEORGE R. GILMER, Governor. [no.200.] AN ACT to authorize the, Bank of t)arien to redeem the • amount of its bills now in the Central Bank, upon certain terms. -l Preamble. Whereas, a resolution passed, both' branches of the Le¬ gislature in eighteen hundred and twenty-seven, making it obligatory upon the Bank of Darien to redeem, semi-annu- ally, $75,000 of its bills then in the treasury ; and whereas, by the act chartering the Central Bank, it is the opinion that the aforesaid resolution has been repealed ; § 1 .Be it enacted by the Senate and House ofRepresentatives The Bank in General-Assembly met, and it is hereby enacted by the J^nd'hy" authority of the same, That from and immediately after the ™s,,lu- passage of this act, that the Bank of Darien shall be bound 1627." by the resolution already above cited. ' § 2. And be it further enacted, That it shall not be in the The Cen- power of the directors of the Central [Bank] to call upon the Bank of Darien for a redemption of more than $75,000 <>my of its bank bills semi-annually. fhe Taikm §3. Be it further enacted, That all laws and parts ofBank**mi- i <■« annually. laws militating against this act be, and the same are hereby Repealing repealed. . dause- WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, 1 President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. BURYING GROUNDS. I*o:20l.] Trustees of ,'the public cemet«?ry '-at Sum- jmerville 'Their style. ®May hold , property, real and jUpersoual. Use a com- mon seal. ' Sue aud be ' sued May fiH va- cauciee. AN ACT to incorporate the Trustees of the Public Ce- metery of the Village of Summeriiille. Whereas, a certain portion of land, in the village of Sum- merville,'in the county of' Richmond, hath been set apart and appropriated by Thomas, Cummipg, esq., of the city of Augusta* as a public cem.etery for the village of Summer- ville aforesaid ; aftd whereas, the said Thomas Cumming, esq. is desirous of conveying the same-to Edward F~ Catnp- bell, Hugh Nesbitt, John Moore, and Thomas M'Dowell, a3 a .corporate body, in trust, for the aforesaid purpose ; BeHt therefore enacted by the Senate and House of Repre- sgntatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Edward F. Campbell, Hugh Nesbitt, John Moore, and Thoiftas M'Dowbll, and their successors in dffi.ee, shall be, and they are hereby declared to be, a body corporate, by th'e name and style of*4 the Trustees of the Public Cemetery'of thq Village of Summerville." § 2. And be it further enacted, That the said Edward F. Campbell, Hugh Nesbitt, John Moore, and Thomas M'Dow- ell, trustees as aforesaid, and theif successors in office, .shall be invested with all manner of property, both real and. per- sonal, which they may acquire, or be possessed of, by gift, grant, purchase, or otherwise ; and all privileges and iramu-" nities whatsoever, which may hereafter be made, conveyed, or transferred to tbem, or their successors in office,~f6r the purpose aforesaid; and also, that the said trustees, and their successors in office, shall, p.nd tfiey are hereby declared ca- pable 01 using a common seal, and of suing and being sued, impleading and being impleaded, and of using all legal and necessary steps for recovering or defending ahy property whatever, which the said trustees and their successors may hold, claim, or'demand; and rIso, for recovering all sub- scriptions, issues, and profits of the same, or any part or parpel thereof. § 3. And be it further enacted, That the trustees as afore- said, and their successors in office, or a majority of them, shall and may have power to fill any vacancy which may happen in the trustees, by death, resignation, or otherwise, as M or amend- mem. soon after such vacancy occurs as may be found convenient to the remaining trusteed. § 4. And be it further enacted, That this act shall at all This act times be subject to alterations and amendments by the Le- auermion gislature. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 21st, 1823. G. M. TROUP, Governor. AN ACT to grarit and secure to the Commissioners of [>0.202.] the Incorporation and Citizens of the Town of Macon, Bibb County, four acres of ground,1 at or near Fort Hawkins, for the purpose of Public Burying Grounds. Be it enacted by the Senate and House of Representa- The com- tives, of the State of Georgia, in General Assembly piet, and it is hereby enacted by the authority of the same, That ^lacon''' from and immediately after the passing of this act, that the authorized commissioners of the incorporation1 of the town of Macon shall be at liberty to lay out four acres -of ground, in such 20fe™u™jie form's as to include the two present burying grounds, at or buying near Fort Hawkins ; which lots, when so laid out, shall be, sround- - and the same are hereby set apart and granted to the com- missioners, aDd their successors in office, of the incorpora- tion and citizens of the town of Macon, for the purpose of public burying grounds. § 2. And be it further enacted by the authority of the same, To endow, That the commissioners of the incorporation of the town of ^ said Macon, and their successors in office, have full powers to en- close and protect from trespass or injury the aforesaid lots of ground. DAVID ADAMS, Speaker of the Plouse of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1823. G. M. TROUP, Governor. I 90 ] CANALS.' [xo.203.] AN ACT to authorize Ebenezer- Jencks to, construct a chandise, and produce; Provided, the bo^its, rafts, and other Prow Canal from the Ogeechee to the Savannah Riversf and water craft are, not so ^bn^tructed as to injure said canal, to vest in him andhis representatives, the'proprietory or obstruct the frOe navigation thereof. . , interest thereof for the term [o/*] sixty years. ' § i. And*, be 'it further^ etiactpd, That it shall not be P«««n Ete„e,e, Be it enacled by the Senate and House .of Represenia- .!awful f»r>ny persons to.ti>ro,w dirVrubb'ish, trees, or logs £» of the State bf Georgia; in General Assekbly met, mt0 sald. cana!'j_or snjure-its locks, basins, Or banks: any J-f* Z,t 82 and * is hereby enacted by the authority of the earnest Pers.°" herein offending, shall be liable to indictment asforjjajj* cheetfe from end after the passing of'this, act, it*shall and may. he f «i^meanor, and aWbpliable for such damages as may ^ver^1 lawful for the said Ehenezer Jencks, and he is hereby au- / o ?e j 1™ ' -a mu ' : , . thorized end empowered to open find ciuse. to be opebed - § «• ^ ie farther gnacled; That the said Ebenezer gM - a communication or inland navigation, by a canaband locks, «W"> afif I®?** "ft- rese"e waf for the use ■ , to be constructed; made, and kept.up through such -placed of lhe«id ranaljlie payu^ a justTenlimeraaoB-. as to him shall seem most fit and-convenient from .thd ahdalso all damages,by dccasion thereof,to be ascertained, Ogeechee to the Savannah River; and that, he and his re- "pon .disagreement,-in the same manner as pointed out in reSve"toil presentatives shall, and may fix and establish,, and .bei-en- %'qUt? l^tV^ 1 &C ' # 7 'tl VW ja i Av titled to receive and take by way of toll., for all goods, mer- ' § «• -4? le "fa?*".enacled, That the said canal and g-P it'",, S chandise, and produce carried on or through, and boats, appurtenances:-shall be -for- ever exempt from BU-taxes, ,„d pwcenf and rafts, and other water craft passing on or-through the an*? J ,. rr,r V f ' u : Afi R. -i- said canal, such sums or rates aS' hei-shall think proper to f &:«f faf» feted, .That ajtei;, the- eipi- mm %Xm°- impose,not exceed!,gat any time twenty-five per ceSt per rTa^n. f f. the passihg of the act, if the »»«• annum on the money which shall have been expended in Iff" PUthm.Stbte shall, deenr it .for, the,interest jfft , -constructing, making, and keeping in repair the said canal £«"»>'*?, of 'i1* Sald ^nal sll°Bld *? SSi and locks, to ascertain which it shall be the duty of the 4rhe f"1 Stf< the"> and »*«* «*>*>» -sald commissioners hereinafter named, to inspect thir books of denck3' Jr his legal representatives, shal convey all Ins and the said Jencks, containing an account of such expendi,' J61'-1??*?' tu^' and interest of, in, *ndto the said canal,to Maytares; and thathe shall hav? the, power of stopping the pas-, State' «■ P**™* ««>■» «"» treasury thereof a sum, „ SSJJSJi sage of any goods, merchandise, or produce, boats, rails; and of ^ne? ?1uaI,t0 a" f'sams. ■in constructing, «J|» by stopping other water craft from passing on the said canal, until .the making; improving, and keeping in repair the said canal, to- atiy boat,. payment sai^j toll ' ' gether with'the nett interest, viz,, an interest,above all charges Canal to be 5 2. And be it further enacted, That the skid Ebenezer '°f mgta ,per.ddnt«m on .such part'.of the'stobk us>hall not wiSSnrfx Jencks and his representatives shall complete and finish,the ftave afiofded. such an interest. years, or said canai within six years from the passing of this act; upon .§ be f further enacted. That nothing fierein con-,ThiH^c^ fStftS. a failure thereof, the said Ebenezer Jencks slmll forfeit all tamed shall be. so .construed, as to affect the, rights of toe ^ ■ the rights, immunities, and privileges herein granted. ■ --^hediNay.gattonCompan)r. . V - - ojj. said A 3. And be it further enacted Thaf the said Ebenezer ., J ,2: «*?#*> ,Tba' th's, ,act'-f.haI1 }!•.£*» ™,ckpV Jencks shall have pbwer ti> purchase, in fee-simple, such d«®med.and takep to be a public;act, and sball be.liberally c^i«ndiand, as taay pessary for the constructing; and, com- .const^ed for ca^ipg thp^pur^oscs aforesaid intO(complete pose afore-pleting said .canal, and such I?(nd at each end of," the canal, e^c:" ■ , 7 : . . , a. m,t ' . - sald' and on the opposite shores of said rivefs, as may be necessary § J ; And rt further enacted, Tnat nothing iff • this ve#nt^ Land how therefor; and in case of disagreement as to the price of the act ,s?al1' °Pe™te to prevent or obstruct tbe progress of other "£dh. ldnd So taken, between the owner pr owners thereof, ^ canals,.Which w hereafter be necessary to the internal'— owners8 the said^Ebenezer Jencks,' such disagreement is to be ,de- Wprovement of,this State aTIFRjCT? OIVTRTE cannot termi'nod by the award of three swW.appraisers, to, be -, . ■■ ■... i(°uHrL^ABERCROMBfE,, a«ree* chosen, one by said -land, owner, one by the said Ebenezer. . •' Speak^roff the Kouse pf Representatives. Jencks; and one who shall be-appointed; by the'Superior ^ v i "I r 4k c ♦' Court bf the county, vvith.the right of appeal to either party,^ .. .on. '^ident of the Senate, to be triedby a special jury at the ,te™ of the Superior Askentedto, December 20th, 1824. _ . , . - Court next thereafter held in that county, and. the decision, "< - \ * . ■* } 0T^n0^• in whatever way finally made, shall vest in the said Ebe- . ,T 7 , I ' ■ , 7 r» -7 j7 *■ 7 r on,, nezer Jencks the feeTsimple of the land, in questioh, and in -AN Cf or Railway through [ko.», the other party* a judgment1 for its value, thus ascertained,' , 1 , this State. ; , - , wiipre the § 4, And be it further enacted, That wherever the said ' Be it enacted by the Senate and H&use of Representa- The b a1 sects'a pub- land shall intersect a public road, the said. E. Jencks shall tines of the State ,of Georgia, in General Assembly met, wor"sw lie road, be bound to build a safe and Suitable bridge. " .v . , and by the authority of the same it is hereby enacted/, That take im«» commis- § 5. And be it further enacted, That Jeremiah Cuyler, the Board of Public^Works, appointed by this Legislature, toll™ posited to * Ja^es M- Wayne, and Robert W. Pooler be, and tbe^ are shall, so sbon as they enter upon the duties of their appoint- wor'kexe appointed commissioners unrler this act, and ip\a,se ments, take into consideration the construction of an arti- canaih- wted."6* of -vacancy, his' excellency the Governor is hereby author- ficial canal, between the Atlantic coast of this'State, or the ized and required to fill such vacancy.' In addition to the nkvigable waters which enter the sek within the limits of the a»dthe duty required of them' in the foregoing sections -of this act,r same, and the western limit of the,present.inhabited part of iSTf they, or a majority of them, are hereby required to see that the Stateand to search for and investigate the best route the said work is faithfully executed by the saicl Jencks. ' by which such canal may hfe conducted, with the ultimate brsi roun Said canal § p, And be it further enacted, That the said Ebenezer object of joining the waters of the Tennessee or Mississippi In foodor- Jeucks'shall be obliged to keep the said canal, locks, &.C., rivers : the canal to -be so laid, out as -to run as near the l^l'[1neiea der? in good apd' sufficient order, condition, and repair, and at centre'of the State as may be convenient; and ]the Board same, all times free and open to the navigation of boats, rafts, and of Public. Works aforesaid are hereby further .required to other water craft, and for the transporting of goods, mer- investigate, consider, and have surveyed, the best route by canals. 91 which canals may be united with the Central Canal, at the best and most convenient point, to facilitate the comm.uni- cation with the Savannah river, and on the other side to join the next principal river on the south-western side of the main canal above mentioned, visotocon- § 2. And be it further enacted, That for the purpose of idvanta-'es Pr°curing a main channel of commercial intercourse, w\th a fsubsti- due, regard to economy and the true interests of the people iuing rait- gtate, the Board of Public Works shall at the same time take into consideration the comparative advantages1 of substituting artificial railways for the canals aforementioned,, and it.shall be their duty to-call to their ai'd all the men of science which they may'deem necessary to enable them to report fully on the comparative advantages of Canals or rail- s ways, to fulfil the intention of tins,-act. ,,o cause | 3. And be it further enacted, That the Board of Public eTourses Works shall, SO soon as may be practicable after the parsing "^aidca- ttl*s ac<*' cause t^]e territory of this State which, inaylie i^.isor rail- upon or contiguous to the courses and ranges of said canals or railways to be explored and examined, for the purpose of fixing and determining the most eligible and proper routes for the same, and to cause all necessary surveys atid levels to. be taken, and accurate maps, field-books, and drafts thereof to be made ; and* further," to draft and recommend proper plans for the construction and formation of said ca- rials or railways, together, with all locks, tunnels, bridges, and other necessary wqrks^ to (cairry this act into complete effect, arid to cause all necessary plans, drafts, and models thereof, to be executed under their directrop. ie^ti- § be it further enacted, That it shall'be the duty ies of of, the said board to have made, with as ihneh accuracy as isary practicable, estimates of the sbm or sums of money which ompiete may or will be necessary for completing each, of the canals Ctc»nare- or railways, according to the plan or plans adopted orre'pqm- ;ethte0(Te_ mended by them ; .and they shall especially cause a com- ■ with parative estimate of the expense of canals and railways on *eys? the several routes surveyed, and of the advantages of each he next resPee^ve^y 5 and ^hey shall cause the said calculations and rjfia"6* estimates; and all surveys, maps, field-books, plans,- drafts, - and models, authorized and directed by this act, or so many .thereof as may be completed, together With a pldn and com- prehensive report of all their proceedings .under and by vir-L tue of this act, to be presented to the Legislature of this State within ten days of the commencement of ,the next re- gular annual session thereof, i Board § 5. And be it further enacted, That the Board of Publi'c 'ny fur- Works shall not enter on any further plan or scheme for in- theTu- ^ernr.^ improvement till the duties imposed by this act are ■ hereof fulfilled, unless they are so directed by the Legislature of 1ful" this State*. • ■> , i DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP,, Governor. •205,] AN ACT to authorize Ebenezer Jencks to construct a Canalfrom the Ogecchee to the Altamaha Rivers, upon certain conditions, and to vest in him and his legal' representatives the proprietory interest therein for the term of sixty years. mezer Be if enacted by the Senate and House of Rcpresenta- 'izod to lives of the State of Georgia, in General Assembly met, and Ii"tothe lt ^ ,lGrchy enacfcd by die authority of the same, That imaiia. from and after the passing of this act, it shall and may be > lawful for the said Ebenezer Jencks to continue the canal i which he was authorized, and empowered to construct, by an act of the General Assembly passed on the twentieth day of December, eighteen hundred and twenty-four, to the Al- M 2 tamaha, with the same privileges, and under the same re- strictions, as were granted in the aforesaid act; Provided, Proviso, that the said Ebenezer Jencks do cause a survey to be made by Mr. Clinton, or some other competent engineer, and the probable expense of constructing the same be submitted to and approved of by bis excellency the Governor, or any other person or persons whom the General Assembly may desig- nate. § 2. And be it further enacted, That the sum of fifty thou- W'nu in sand dollars, in Darien money, be appropriated as a loan to noy'a" "ro- the said-Ebenezer Jencks, to assist him in opening said Priat,'u as? , . ,. . , 11- loan to said panal, to be drawn by him in such sums, and at such times, Jencks, on and under such restrictions, as are hereinafter provided, to wit: the said Ebenezer Jencks shall give-bond, with good and sufficient security, to-be approved of by his.excellency the Governor, to secure the payment of such sums as he may draw under this act, without interest, until the Governor shall .notify the said Jencks that the bills of the Darien bank are at par value; then the said Jencks shall be, and he is hereby required to pay an interest of five per cent, per anhum, until the State shall require the repayment of the airieunt borrowed ; Provided, that the Legislature may re- rr0Vls0- quire the'repayment of the said money at any time, whether the same be at.par or not, and the said supis so drawn shall be expended in cutting said canal, and for no other purpose whatsoever ; a violation of this point shall be a forfeiture of said bond and charter created by this act; Provided, nothing Proviso, herein contained shall be so construed as to authorize the said Ebenezer Jencks to draw any amount of the said ap- propriation, until he shall have made a survey of and deter- mined the place -of cutting said canal, which plan shall be laid before his excellency the Governor ; at which time, his excellency shall in his discretion authorize the said Jencks to draw five thousand dollars, ar|d the said Jencks shall report his future progress truly to his excellency, who is hereby au- thorized to permit the said Jencks to draw as. his progress may authorize. § 3. And be it further enacted by the authority aforesaid, ^Iieh^[aetca That the State shall have a lien on said canal for the money nenon said advanced to' the said Ebenezer Jencks for the completion canaL thereof, any contract or conveyance to the contrary notwith- standing. § 4. And be it further .enacted, That nothing contained in Authorized tbis act shall prevent the State from uniting to said canal another any canal, railroad, or other public work, which may be ne- cessary.for the benefit of the citizens thereof; but it shall at to the all'times be .within the power of the Legislature to open any sa,ne" other canal, or pass anv other public work, or to cross said canal, whenever it shall.be deemed necessary for the gene- rakgood. , DUNCAN G, CAMPBELL, Speaker prd tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate* Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT to create a Board of Public Works, and to [no.sog.i provide for the commencement of a system of Internal Improvement. > Be it enacted by the Senate and House of Rcpresenta- tires of the fitate of Georgia, in General Assembly nut. and it is hereby enacted by the. authority of the same, That for the purpose of commencing a system of internal im- provement, the following provisions be adopted, to wit: First, There shall be elected, by joint ballot of both ^'nt i 'J'- houses, during the present session of the General Assembly, * and annually thereafter, seven persons, who, together with blan'/of* the Governor for the time being, shall constitute " The T'niiisr Board of Public Works of the State of Georgia," and that VNorkf* 92 • ' CANALS. one commissioner be chosen from each congressional dis- said company shall be two millions ejf dollars, to be divided Capiutf vernor°ex tr*ct* Second, The Governor for the time being shall be into shares of two hundred dollars each.. #2,000 ww officio tobe ex-officio president of the Board. Third, Vacancies occur- §3, And be it further enacted, That the subscriptions euttscrip. ofthe'ent r*n§ in the Board, shall.be filled by executive appointment, for shares in the capital stbck of said company sb'al\ be Jj£P£for Board. to continue until appointments are made by the Legisla- opehed on the first Monday in March next, in the following and Am Board in- ture. Fourth, The Board shall [be] a body corporate, with, places, to wit: at Savannah, for four thousand of said «orporated. p0wer to use a common seal, to sue and be .sued,.and to ac- shares, under the .Superintendence ofWV O. Daniel,^ Alex- wwl* quire, hold, and dispose of rights and property, for tjie pur-, , aride'r Telfair, Joseph Gumming, Thomas Butler, and Ben- Authorized poses of this act. Fifth; They shall be authorized,to esta- jamin Boroughs ; at Augusta; for three "thousand of Said' iawsakeby' blish by-Jaws and regulations, hot repugnant to the law or shares, under the superintendence of Anderson .Watkins, ' secretary the constitution, for their government. Sixth, They shall, William Cummihg,-apd William J. Hobby; and at Mil- *AderTrea appoint and pay a fit and proper person as secretary arid ledgeville,!f6r five hundred'of said sharesr under the super- treasurer, who shall give bond and sufficient security for the' intendence ofTomlinson Fort, Henry W. Malone, arid Joel To cause discharge of his duties. Seventh, The-Board shall, assoon Crawford ; a,Hhe town of. Washington,-Wilkes county, for &cnreys' as may be, cause the necessary surveys, estimates, and re- five hundted shares, under the "superintendence.of William, . ports, to be made and' presented to the. Legislature, With G. Gilbert, DudcanG. Campbell, arid Samuel Burnettat, reference to the opening,-improvement^-and construction of Dajiep, forone thousand ofsaidshaxes, under the superin- roads, bridges, navigable waters and canals in this State, tendence ofThomas Spalding, George ^Ltkinson, and James ' Employ Eighth, For this purpose^they shall be authorized to' ap- H. Gooper; at -the town of, St: Mary's, for five Hundred of *rlss' point, employ, pay,'and Remove the necessary1 artists,said shares,.under the superintendence of"J6hp Floyd, John. agents, arid labourers, l^inth, To save unnecessary expen.-' H. Mclptosb,rind James Scbtt'; .and at the town t»f Macon, . diture, they may appoint an Exceptive Committee, consist^ for'five hundred of said shares, under the superintendence ing of two members, of the Board, to whopi may be confided of Harrison Smith, Johri T^ Rowland;, and John T. Lamar;. the discharge of the less important-duties, under the dtrec- or a majority :of such superintendents at eheft place respect- tion of the Governor. ' Tenth, For the.compensation of. or- -ively.~,The books of subscription shall" be . kept open from dinary members of the Board, they shall receive four doU ..day to day, until the first day of April, unless soorier filled'; la'rs per day while in actual service, with all necessary eon- ijntil which,.ririy person', or partnership, firim, Or any cdrpOrate tingent expenses, Jo be.approved by the Governor.- Elevepth, . body of the- State of Georgia, may subscribe for any num- The Board shall be at all times under the. direction of the . ber of shares-; aPd immediately after" the first day 'of April, Legislature, and shall in all matters relating to.the duties of it shall be the duty .of the superintendents at'Augusta, Mil- ' their appointment, execute'thq laws that, may' be, from time ledgjeyille, Washington, Barien., Macqri,'and St. Mary's, to to time, passed on the subject. , . ' s ' ' ^orwhrd their subscription bocks, together With the moneys $50,000 ap- § 2. And be it further enacted, That the- sum of fifty;, paid in,-to the' superintendents at Savannah, apd any remain- propnated. thousand dollarsi be, and the same is hereby appropriated for ing .number of shares. which shall have remained urisub- . the purposes of this act. _ / ; /. - ' ; - scribed for/af the irespective places where subscriptions For what § 3. And. be it furtherN enacted, That nothing in this act shall have bepn ripened, may^be subscribed in^fhfe city of Sa- Saysthe °f contained shall be so construed as to authorize-the said.com- 'vannah, uridter the^superinten dents at the said city.' Five §5^ Board may missioners, other than the Executive Committee', to'receive dollars on each share shall be'paid at the time of subscribing je pai ' ' pay for rpore than sixty days in, the year, or the members of for the same; arid any "holders pf-ohe or "more shares, riot' the Executive"Committee tojeceive pay for more than one paying the residue when called for by. tjie directors.,.or hundred days-in the year. , ' »• yV . . ' Within, thirty days from tile time - appointed in such; call, DtJNCAN G, CAMPBELL,' ■ -.shall forfeit, the sharps1 to, the Use /of said "company:'-Pro- Speaker jpro tern, qf the House .of Representatives^ sixty days^notice thereof shall^e given in at least two, . ALLEN B. POWELL,' i of the public gazettesfof this State and'provid'ed, also, that .. ' ' President of the Seriatq. not more, than twenty-five per( cent'., of the amount of; each Assented to, December' 21st, T825. ; . share bq called for,in any one.'ypar.l \ t. ) G. M. TROUP, Governor,' § -4. And be.it farther..exacted, That it1 shall be the duty ' _> v ' of the., said superintendents-at Savannah, or ;a majority of j*1 can Atlantic Company of Georgia with powers to cm-. the stockholder* in,the mariner hereinafter printed out, from stm^ canalsorrqtiW(wSbetweentp,e wat^»(f the Atlhn- amorig the number of Stockholders, five directors, wfio shall tic' Ocean and thosemat Jioib into the (xulf of Mexico. their seats until the first Monday, in January next there- The hold- 'Be it enacted by the Senate and House of Representa- after. And after SUch first terrri of office, five directors fucorpo°c'C tives of the State of Georgia, in General Assembly met, shall be elected annually, on the first Monday in January, rated., and it is hereby enacted by the authority of the same^ That The directors,' at their first meeting after such, qlection, Dir«i all persons who may become holders of stock, as hereinafter shall choose one of their number as president, who shall ^ provided, their heirs, successors, and assigns, shall for ever hold his office -one year, and riiay receive what in the opi- dew. Their style, be a body corporate by the name an d style of the Mexicari At- niori of the directors may be- a reasonable compensation M^y hold lantic Company of Georgia and by such corporate name for his-services. In case of his death, resignation, removal proW ami real shall be capable-in law to buy, purchase, hold, and. sell real from the State, or by the board of directors, the board of estate. an(j personal estate;- to receive donations, make, contracts, directors shall proceed to fill the; vacancy by a nfew election resi^ suedand be sue and be sued, plead arid be impleaded, to make and exe- for,the remainder of the term. ' - ,10"'i ■ Mak« by- cute by-laws, not contrary to the laws or constitution, of this § 5. And be it further enacted by the authority ofthesame, tw Iaw?* State or of the United States, and to do all lawful acts pro-' That the directors for the tirrie being shall have pbwer to ^lo" perly incident to a corporation, and necessary and proper to employ "artists, managers, and, labourers, and appoint about"- the convenient transaction of its business [officers] affairs, treasure*",' clerks, and. such other subordinate officers as pmwt use a cr m- Its corporate acts shall be authenticated by a common seal; shall be necessary for executing thp business of the com- ^ men sea1, tjjey may renew, or alter, and until such seal pany, and to allow them reasonable compensation for their office sfiall be made by the signature of ,the president thereof.' services ; ancl shall be capable of exercising such other § 2. And be it further enacted, That the capital stock of powers and authorities for the well-governing and ordering CANALS. 93 the affairs of the company, as^ to them shall appear condu- thereon of basins, slips, locks, dry docks, and other neces- cive to the interests of the institution. saryand proper works and purposes ; and whenever a person When a rot6sof §6, And fa it further enacted by the. authority of the shall own land opposite and adjoining both sides of the canal, owns" land rs'reguia- same, That the number of votes to which each stockholder and the land attached thereto as aforesaid, the company °ygS°$the Jd- shall be entitled, shall be according to the number of shares shall be bound to pay such owner a just and reasonable price canal, he shall hold, in the following proportion,, to witu for one for that part which he may.prefer to sell, or such owner share, one vote; for two, and not exceeding five shares, shall have the right to construct for his convenience such two votes?; and, for every five shares thereafter, one yote ; bridge across the canal as may not obstruct or incommode after the first election, no share or Shares shall confer a right the navigation thereof, and shall all times have free access of suffrage which shall not have been holden three calen- to su'ch bridge. dar months previous'to the day of election. ' , § 13. And be it further enacted, That when any person Damages, majority § 7. A Ad be it further enacted, That a majority of the shall deem himself aggrieved or injured by the said canal or pereoncon- ^ctors to'" directors shall constitute a. board forthe transaction of bu- railway, or any of the feeders, branches, waste weirs, or out- 3>!ardtute^ s*ness' ^lom the president shall always be prie, save in lets of said canal being cut through his land, or by any other grieved, 1,mr. casqs of sickness pr necessary absence, in which cases his works Of,the company, the amount of such damage or t^e^and place may be supplied by any( director to be nominated by injury, shall be ascertained and determined by the written deter- the president and directors. > award of three sworn appraisers, to be chosen, one by such minea' ist of * § 8*' And be it further enacted, Tliat any number of land-owner, one by the company, and one who shall be ap- ±ho\d- stockholders, n6t less than fifty in number,- who together pointed'by the justices of the Inferior Court,-or a majority of i^.et; shall be-proprietors of three hundred shares or more, shall them, to afct jn all such referendes within that county, with of the have the power at. any time to call a mepting of the 'stock- the right in either party of an appeal, to he tried by a special upany holder 0f said company, for purposes relative to.,the insti- jury at the term of the Superior Couft next thereafter held tution, and of all meetings of stockholders, at least sixty in that county ; 'and the decision, in which way soever finally days' notipe sha.ll be given in two or more of the gazettes made, shall vest in the company the fee-simple of the land in of this State, specifying-tlierein the object ojf the meeting ; question j and in the other party St judgment for its value thus . arid if the Statq shall qwh'stock in said , company, the Go- ascertained. . - ' vernor for the. time being shall appoint three Jit and. proper . § 14.- And be it further enacted,t That whenever the said Where the persons, vyho shall attend,such meeting, as representatives, of canal or railway shall intersect a public road, the company slctsapub- i '. . the State, and shall have votes thereat in proportion to the shall be bound to build a safe and substantial bridge, and inroad. \ interest of the State therein, and at all such meetings of. the any public or private bridges may at any time be built across i stockholders, each share shall be entitled to" a vote, and- in the said c^nal or railway, and free access be allowed by the j < all cases the stockholders' shall be allowed to vote either in company ; Provided, such bridges shall riot obstruct or in- Proviso- si , person or by. proxy. 1 1 comnio • " eanital. d.Te nnti™ of the »*mk h«in<, in t.« the At** . . Be * *naC*ed hV ^ Seriate and BoUge of Represent* The. Persons throwing . capital, due notice of the same being given to the State: ^ ffi { /1;r T neT, ' \ so. And U ft further emcted, Ttort it shs(| not be law- » ffe 'Z. *" rT IX' SJW ful for any person w persons whatever to throw edrth, rub^ T/*at fronf!>"d ^^dfiately after the passage of this act the B'etoV bisb' ^ *<>»«. or an,, other matter or thing what- «*! * ^ *• ^VrbY-HUDSON ' T " -.V Speal^r of th'e House, of Representatives, ,locks, basins, banks, tow-paths, feeders, docks, or any thipg - THOMAS STOCKS, appertaining to the. same ; any person herein offending shall .. PrPsirW of f he Senate . be liable to indictment as fpr a misdemeanor, amj oil oonric,- Assented ^ 26th:Decep,l,?r, t82fe. , •. : " , tion, may be fined or imprisoned at the discretion or, the ; r nj, TROXJP Governor court, and shall also be-liable for such damages as may he '* * • ' sustained thereby. .. ( ■ •' ' ' " . , ' ; ' , < ' ' This act to § 21.. And be it further enacted, That this act, shall fie AN ACJT to incorporate the Savahruih, Qgeechee, and [no,2( aepuMi™ed deemed and taken for a public act,, and shall be• iiberajly 1 . '-AltamahiX Canal Company. act. construed for carrying the; purposes aforesaid into,effect. < Whereas; by an act of the. General Assembly of this State, Pwni May cpjiect § 22 And be it further enacted, That, tire said, company passed,on, the twentiethday of December',, in ihe year eighteen vessel ^ shall be entitled and empowered to receive and collect tolls hundred1 and twentyTfpur, a. grant Was- made to JEbenezer' hoats, rafts, on all vessels, boats, rafts, "and all and every Other Water Jencks," ta /construct a canal frpm the Ogeechee to the^Sa- craft, or thing which may pass the said canal, or any;part vannah rivers*. and, vesting in him and his representatives' thereof, or any Vehicle, of whatever character or denomina- ^he, proprietory interest thereof; for the termrif sixty years,' tion, apd all other things which by the regulations of said wi'th certain privileges ;■ and whereas;by another act of the ^company shall or may be allowed to pass on the said rail- General Assembly of this State,, passed on,the twenty-fourth Proviso, way; Provided, alu'ays, that the rate of toll so demanded- day of December,-in the year eighteen hundred, and. twenty-■ and collected shall riot exceed thirty-three rind ^ third per fiyevthe said Ebenezer Jenpl^s .was authorized to construct cent, upon the rate of ordinary land transportation, at the. a canal fYorn the Oge'echee to the Altama-ha rivers, ypon ■ time, upon ordinary roads. ■ - ' .; ' - " ' -certain conditions, and tp vedt inirim arid his,-legal repre-*' No other » § 26, And heft further enacted, .That it shall notbe' law-! sentatives the proprietory interest therein, for. the term of raSay td ful for Any other canal ox railway to be built, cut, or con-, sixty years ; arid whereas, after ;the passing of the said acts,' ' bewitjiin structed, in any way or manner, or by any authority What- books were opened , in the .city of Savannah, and sub-' miles. ever, .within thirty miles(of the said contemplated canal' or scriptions, to a large rifnount', were, obtained /or effecting proviso, railway; Provided, that nothing herein contained shall be thelobjects of,the said grants* arid the said suhscriberjs asso- so construed "so as to prevent the State from uniting an^ .ciate(l together, by .the narne of.":The Savannah, Ogee- works withthe works ofsaid company^ or crossing the samfe, cbees and Altamaha Canal Company,'' and V-board Of di- or approximating, the samp,-in such way as may be;for the reetors\for. the time being, were appointed, to manage its public benefit; and it shall'be the duty of'said compariy to concerns,'and certificates of stock issued to* the subscribers; - notify the* General Assembly,.on or befote the' session'W. arM- whereas,.it hath. beeri, represented to this General As- that body, in the year one thousand eight, hundred arid sembty, that the said Ebenezer Jpnc^s has trarisferred ^11 his twenty-nine, of the intended route of said canal or Vailway'. rights antl interests in the Said grants, with cprtain restrict After fifty §24,. And be it further^ endcted,;^ That at the expiratiori tions airid- reservations ; and whereas, Alexander Telfai^, y^r's- from the cornpletion of: the,said work,' the Joseph Gumming, Thomas Young, Williarii' C. .Daniel, thorized to State shall be entitled and authorized to-buy, at par valine, Richard F. Williams, Benjamin Burroughs, and John D'. ' wholee fhe whole stock of tfie said company^ in'which event the Morgin, who.are the directors of the said company for the saldCom- ^tatesball be authorised to collect Such toll upon-articles- tfrnebeirig, and others; the stockholders ;of thesaidcompany, pany. transported, through the said canal or-railway,-a& will be?, have petitioried the Legislature, that the said company may • sides the (payment) for repairs,'officers, servants, Az-c. en- be, incorporated under its present 'name / and whereas it is gaged in said- canal or rail way, be sufficient to pay five per deem,ed' 'expedient that the said company be ,so incorpo- centurii per aririum upon the whole capital invested by .the-rated ; therefore, ^ , . State. >" ' ; • . . . * . Jle it enacted by the ftener.al Assembly of the State of cm " & An/1 it ■fiiffTtPtn pnnrtoA. Tiint fKib iiiiH cftrtirwnw r< • • j •_ ' 1,,. T... -X j7.^.Pew ng» .... time after the wear eighteen hundted and thirty-one, to ke,rip "Benjamin' Burroughs; 'and John £). Morgin, With all such open said canal, or. so much thereof as "shall [have] beeri persons as are now or may fiereafter'become stockliolders completed, under the provisions of this act; and in a,situa- jn the said,"company, their successors,and assigns, be, and tion to be navigated byboats carrying twenty tons burthen, they are' herebycreated a corporation and body politic, by ■or. to keep in;order and good condition said railway. ' 1 the name 'and style' of " the Sayannah,X>geechee, ^and Ai- Thl . 1 ■ DUNCAN G. CAMPBELL,,. tamafiaCanal Companyand by that name Shall be,andThi t .Speaker yro tern, of the House, of "Representatives, are hereby made'We and capable in law, to have, purchase,tal ' , ' . '. ALLEN B. POWELL; receive, possess, enjoy, and retain, to them and their sue- ' President of-the Senate.' cessors, lands,'.rents, tenements, hereditaments,,goods, chat- Assented to, December 24th, 1825.'tels,,and effect, of whatsoever kind, nature, and quality, G. M. TROUP, Governor, subject however to the restrictions and limitations herein- ; —* after provided ; and the same to sell,-grant, alien, and xlis- lNn.208.]'AN ACT to repeal ati Act, entitled An Act to create d pose of, to sue and be sued, plead and be impleaded, answer ' Board of Public Works, and to pro/vide for the coin- and be answered, defend and be defended in courts of re- CANALS. 95 fcord, or any 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 by-laws, ordinances, and regulations, as they shall deem necessary and convenient for the goyern- ment of the said corporation; Provided, nevertheless, that such by-laws, rules, and regulations be not contrary to the constitution and laws of this State, or of the United States ; and generally to do and execute all and singular the acts, fmatters, and things which to them it shall or may appertain to do, subject nevertheless to the rules and limitations herein- after prescribed. ip capital § 2. And be it further enacted, by the authority aforesaid, iC» °a-^e '^lat ^ Capita* stock of the said, corporation shall be seven n. hundred thousand dollars, divided into shares of one hun- dred dollars each, 'but may be increased td a sum not ex- i ceedin'g one million of dollars, whenever it is deemed expe- dient by a majority of the Board of Pirectors of the said corporation for the time being. "n en § 3. And be it further enacted by the authority aforesaid, "to°ma- That for the management 6f the affairs of the said corpora- tri of t*on ^ere be seven directors, .being stockholders in \oipo- their own right, who shall be.annually elected at the office, ut"d an- tire said corporation, in the city of Savannah, on the first Monday in April in each year, by the stockholders of the ca- ■re a" pital of said corporation, and by a plurality of votes then and . there actually given, according to the scale of voting herein- e of after prescribed ; and the directors so duly appointed and reiee- eiectecj sjjajj capable of serving by virtue of such' ap-, pointment and choice, from the first Monday in the month of'April in each year, untijl the end and expiration of the first Monday in the month,of Aprji in the year ensuing the time of each annual election, to be held by the stockholders as aforesaid; the first election to be held on the first Mon- day in April, jn the year eighteen hundred and twenty-seven, until which time the present board of directors of the. said company shall continue in office as the board of directors of Board the said corporation. And the board of directors, annually, jJrect" at the first meeting after their election,-in each and every Tent year' s^la^ proceed to elect one of the directors to be presi- : dent of the corporation, who shall hold the said office during the same period for which the directors are appointed and elected as aforesaid, and with such salary as the board of so- directors may deem reasonable ; Provided, that in Case if should at any time happen that an appointment or election of directors, or an election of the president of the sard cor- poration, should not be so madd as to take effect on any one day, when in pursuance of this act they bught to take effect, the said corporation .shall not for that cause be deemed to be dissolved, but it shall be lawful at any other time to make such appointments and to hold such elections (as the case may be) ; and the manner of holding the elections shall be ^ regulated by the by-laws and ordinances of the said corpo- ration, and until such-appointments qr elections be made, the directors and president of the said corporation for, the o- time being shall continue in office ; and provided, also, that in case of the death, resignation, or removal from the State or office of the president of the said corporation, the directors shlall proceed to elect another president from the directors as cies. aforesaid; and in case of the death, resignation,, removal , from the State, or from office, of a director, the vacancy 1 shall be supplied by the stockholders upon ten days' previous public'notice of the time and place of such election being. 1 given by the directors. Sect- § 4. And be it further enacted, That the directors for the : time being shall have power to appoint such officers, engi- neers, clerks, and servant's under them, as shall be necessary 1f°r executing the business of the said corporation, £tpd to al- low them such compensation for their services respectively |,m as shall be reasonable, and may require and take from each or any of said officers, engineers, clerks, and servants, a bond to the corporation, with one or more securities, to the satis- faction of the directors, in such penalty as they may prescribe, with a condition for his good behaviour and faithful perform- , ance of his duties to the said corporation; and shall be capa- ble of exercising such other powers and authorities for the well governing- and ordering of the said corporation, as shall be prescribed, fixec}, and determined by the laws, regula- tions, and ordinances of the same. § 5. And be it further enacted, That the corporation ere- Tie corpo- ated by this act be, and they are hereby authorized and em- St andfbr powered to make, contract, and for ever maintain a canal, or ev.er main* slack water navigation, of sditable width, depth, and dimen- hmathe*' sjons, to be determined by the board of directors of the said f0atvhaenogehe- corporation, from such point on the liver Savannah to such chee, and point on the rjver Ogeechee, and from such point on the ogeechee Ogeechee river to such point on the Altamaha river, or its totheAita- V t i ^ ^ i - i • i i niahd and branches the Oconee and Ocmulgee rivers, as the said board its branch- of directors of the said corporation shall judge best; and es' said corporation may form and contract a towing path or paths, all necessary lpcks, aqueducts, culverts, dams, waste weirs, and tqll-houses, artificial harbours for boats and rafts, side cuts, or lateral canals, connected with said basins, or with sajd Savannah, Ogeechee, or Altamaha rivers, or their or its branches, at such place or places as shall be found ex- pedient; and all necessary feeders from said rivers, or from other streams, if more' convenient for constructing, main- taining, and -repairing said canal or navigation; and that May esta- the said corporation shall and may fix and establish, and be receive"toil entitled to rece'ive and take, by way of toll, for all goods, £oats°rdafts merchandise, and produce, carried on or through, and boats, &c., not to and rafts* and other water craft, passing on or through the percent!™ Said canals, or either .of them, such sums or rates as the said lhe m,0I'ey corporation shall think proper to impose, not exceeding at any time twenty-five per Centum on the money which shall have been expended in constructing, making, and keeping in repair thesaid canal^, and other necessary appendages thereto. § -6. And be it further enacted, That it shall and may said Board be.lawful for the board of directors of the said corporation, as soon as, the said canals" arid navigation,' or any ten miles lectors to of either of the said canals shall be completed, so as to allow toiifandre- of the passage of boats or rafts, to appoint such and so many bond collectors of toll's, for the passage of boats, vessels, or rafts, and secu- in qnd through the same, and in such places as the said board Tlty' of directors shall think proper, and to allow to the said col- lectors for their services such compensation; and to take from each of them like bond and security, as are specified ' and provided in and by the fourth section of this act; and that it shall and may be lawful for such collectors of toll, and their deputies, to demand and receive of and from the per- sons having charge of any boat,, raft, ark, craft, or other vessel, passing through or upon thesaid canal or navigation, such toll and rates as the said board of directors shall think proper, at any1 lock, or other convenient place ; Provided, Proviso, the s?me do not exceed the rate hereinbefore specified. § 7. And be it further enacted, That the collectors of Collectors tolls'duty, appointed by the'board of directors as heretofore LforceUe provided, may st&p and detain' all boats, vessels, c^fts, or Phayr™efntby rafts, using the said canal and navigation, until the owners, stopping or commander, or supercargo of the same shaP pay the toll anyboat' as aforesaid fixed ; and if any Owner, skipper, or supercargo p®nsaa£ on of cny boat, or ark, craft or raft, shall pas^oy any place ap- who shall pointed for receiving tolls without making payment thereof, according to the provisions of this «ct, and with intent to the toil, deprive or defraud the said corporation of such toll, he, she, or they, so offending, shall forfeit and pay, for every time he, she, or they shall so pass bv such appointed place, to the said corporation the sum rf twenty-five dollars, to be sued for and recovered by action of debt, in like manner, and subject to the same rules and regulations, as debts under thirty dollars may be sued for and recovered, together with •the costs of suit. 96 , CANALS.. Mode of as- § 8. And he it further enacted,t That in ordbr tq ftsoer- and other carriages, and beasts 'of draught or burden, givirig the'tonnage tain the tonnage of boats and vessels, and the measurement nqtice to the owfters or occupiers of such lands, and from nieo»M °f b°a«ig 0f raftSi using and passing,the said navigation,,end to pre- 'thence take and carry kway any stone, timber, gravel,sand, lnd*heeS> vent disputes between the owners, skippers, or supercargoes/ earth, or other material, doing as little damage to the said tion,: Sent of" anc* the collectors of tolls, concerning jthe same, upon the lands as possible, fand repairing any breach they may make rafts pass- request of the owner, skipper, or supercargo of such boa^, in the enclosures thereof, and making , amends for any da- v"gaUon°a vessel, or raft, or of the collector of said tolls,' at any place, mages that may be done thereon, and paying for the mate- or lock appointed for receiving of tolls upon^the said navi- rials so taken awaythe amount whereof, if the parties cap- and in gation, it shall and may be lawful for each of them to choose pot agree, Shall be assessed and valued by ihree disinterested one skilful person,to measure ,and ascertain the tonnage! the freeholders,Residing ;jn fhe neighbourhood, under oath or nwa,th* said boat is capable of carrying, or the/measurement of the affirmation, to be appointed by the parties ; or if they can- aSiem said raft, and to mark the, tonnage of the said bpat, when so not agree;in thp appointrqpnt, then to be appointed by any J?y ascertained, in figures, upon the hiead and stprn of the said justice of the peace of the districtand it shall be the, duty freehoidm boat, in colours mixed with oil or other durable material^ ! of the"said freeholders,to file a report of. their asSessrheht, and the said boat or vessel,'when so measured and marked, within seven .days after they shall have' agreed upon the same, shall be permitted to pass through the said canal or, navi- With a justice of the peace of the "district, by whom the same-< gation, for the price to which the number of tons so marked shall' be entered Upon; his docket ,* arid the said freeholders on her shall amount, agreeably,to the rates fixedin the.man-1 shall also, Within the said. sevenL days," notify to each of lthe ner aforesaid ; and if the owner, skipper, or- supercargo ypf parties the the-justice of the peacetwith whom their . any boat, vessel, ot raft, shall decline: to choose a, pprsofi to report has bedn filed, and either party may appeal from such . , ' ascertain the tophage'or measurement thereof as aforesaid/ report to thp' Superior Court 'of the 'county,, ht any time / then the amount of such, tonnage or.measurement shall be' within, thirty days after the samC shall have been filed ' fixed and ascertained by the person appointed for that pui^,, "which appeal shall bp tried fiy a jury at .thd first term of the pose by the board of directors of the said corporation, or -said court, Jield after the said appeal shall haye been entered, '' chosen by the collector of tolls ; and the tolls,shall be.paid .and the Verdict of tlie said jury shall be' final. ' . ' . • according to such measurement, before any. sue'h, boat/ ves- _•. 12,^ Ahd'be for further'enacted, -That' whefiever the said Lamb sel, or raft shall be permitted to pass the"place/ when such/corporation shall require fir, take possession, by its pfficers toll is made payable; '' ' < <*. • i ' or agents,'Of any lands, ponds/strearris, or Waters, which are Compaujr within ' § ?•' And he it further enacted, That the said corporation necessary for the purpose,Of leaking,' excavating, maintain- agenHo* which the shall complete and finish the said canal, from the river Sa- jng» or, using the' said canals/or either of them, or any-^art^^ b^ncom-ha11 vaonah to the,river Ogeechee, within three,.years, from the thereof, and any disagreement arises, as to the price of the-agreement •jiieted. ~ passing of this act,.and shall complete and finish the Said- land or water so required or takefi possession of by the said , cinal from the river Ogeechee to the river Altamaha^pr to corporation or its agents/ bptw6en the owner or owners either of its branchesj .within five years from the"pasSing of the said lands or Waters and the said corporation/such dis- * this act; and on failure thereof, Shjill'forfeit all the rights, agreement^by the; award:6f three sworn-appraisers, to fie 1 immunities, and privileges herein and hereby granted, so far chosen^on© Ay^the^Wtier o^owndrs ,c>f 'the-said land or as the same are especially applicable- tp the canal, and not. waters, one'.by the said corporation; and one,'whro.shall be completed within the timq specified as above. / : . appointed, by the judge, of the Superior Court of the county Said corpo- § 10. And he it further enacted, That,the,said, corpo- where the land lies ; which .award of the said appraisers purchasj^ ration, may purchase, and for ever hold any and all lands and shall be rendered in. Writing, under the • hands and seals of laiui^and r.eal estate necessary for constructing, main,tainihg,,, and ire- '.the- said" appraisers, of a majority of them, and shail be re- - ' real estate pairing said canals and the works 'connected therewith1, as. turned, to the clerk of -the said Superior Court within ten ^)seofPur" aforesaid ;> and may also receive, hold, and take, p.11 volunn. days, after the same shall have been made/ and it - shall be r^'ST tarr grants an,fi donations ef real estate and lands which the duty of the said appraiser's to notify in writing: to. the 1 cauais! shall be made to them to aid the objects of said corporation; patties, that such; award has fiedn made, and Teturped -as ' and. whenever, in either Of the/ways aforesaid;; said corpo- ' aforesaid, within five days thereafter, and if either party be ration shall become possessed of"and i>wn ,any lands 'and, dissatisfied with- stich award, he, she, or they may appeal - real estate .wfiich it may be unnecessary for theip to retain therefrbm within thirty days after such award shall have been for the purpose^ aforesaid, it shall be. lawful' • for them tfi' returned as aforesaid, and which appeal shall be fried by a May lease lease, occupy, alien, or donyey-thfe same by, leate or dded,' spe.cial jury,..at the ferm of/ the said Superior Court next awaytiie with theirsealafiixed thereto, and to sell or lease any or.all thereafter held ih that county and the decision,,in what* . same. surplus waters of said canal, not wanted for the most com- eVer way finally made/ shall vest in the said corporation the modious navigation thereof, oh such terms and for such pur- feersiiftple of,the land in question, afid in the other party a poses as they shalkdeem^expbdient1: and for the purpose of judgment for the value thus ascertained. , : , . assuring tothe ,said, corporation'raill the lands, real estate, , § ; 13. And' he it further enacted, That all lands lying,,aiiw> nndWers, requisite for mostecohomically constructing and being, and situate within one-fourth of a tnile ©f the line of 4 maintathidg said canal and the works connected therewith, the said carials, and not heretofore granted, shall be,fand the nrtie«i i* and incident and necessary to. the navigation of the same, same are hereby vested in the said corporation, to be held,' ^1/'^ whenever tn/^aid lands and waters shall not be obtained ky- sold, leased/or conveyed, by-the said corporation,' in like s™// voluntary donaWi or fair purchase, it shall j)e lawful for - manner as1 othfer lands received, purchased, held, or taken JheOiT sajd corporation,its agents, superintendents, or engineers fiy the said corporatipn, as heretofore provided. • paDT' to enter, upon, takeN^ossession of, and Use all such lands, § 14; Andbe itfurther enacted, That'whenever the said Who'mi* ^ real estate/ponds, antKjreams, as shall be necessary for the canals shall Intersect a public road, tile said corporation shall 111 ♦ purposes aforesaid. 0\" <1 • ' ^ ' be bound to build a safe and suitable bridge; bufthe bridges TheDu-cct- - • § II. And he"itfurther exacted,'That the directors of-the of all public roads, laid out after tbe passage, crossing the said to'tTui intendentsj said corporation; by and witfh u^ superintendents, engineers, canals, shall be constructed and kept in repair by the county. ^ artists, workhiierl, or labourers, eiqployed by or acting under J § 15. Arid bex it further enacted, That the books and The b«ki on any the authority, or with ,the consent of the board of directors G. M* TROUP* Governor, receive subscriptions for, or to dispose of, shares of pne.hun- . % i ' dred dollars each, to any person or persons, in such manner - • •, ■. ■ ' ■ Proviso, as they shall think fit Provided, th^t in receiving'.such AN ACT to incorporate th^Brunswich Canal C.ompany.X>*0'm} subscriptions^ or making such' disposition, the holders of . Whereas, James;Fottn John Burnett, sett., James Gould, stock subscribed for. previous to the passage, of "this act, Thomas B./Ring, Danjel Blue, Stephen C. King, Jphn Bur- shall-have.a preference .over all others ; v.and the n6w sub- nett, jiin., John f^ardee, WilliamrB. Davjs^ Henry- Dubig- . ' scribers, if any shall become parties .to. the corporation, re- nop, and others, by their petition foLhis Genera] Assembly," , . " serving, however, for the State-off Georgia, one thousand hAve represented dhat,the opening t)f a steamboat canal,'or " shares off sucyh increased capital, to be'subscribed for At the constructing a railway, or. both, Between the Altamaha' and first session of the Legislature/after' foe capital- shall bp so "Turtle river, or , th,eir .brAnches,; to- communicate with the increased ^ and should the Legislature fail to subscribe fqr harbour of .Brunswick; will be of great utility to the\com- part or the'whole of the said stock,so, reserved foy tfie State, munjty atlarge, and. to the State jn general'; !"and that the it shafl and may be lawfiil for the directors of the corpora- said petitioners have entered, into ah agreement . for" esta? tion,to dispose of that pArt off the stdek^so reserved for the Wishing a,company foff opening, And,constructing,/and keep- State, artd not subscribed for as laforesaid* to inidivjdukls, iij'g in Repair such inland communication, if the undertaking upon the same terms and with,the same preference; as/ar.e' should receive the sanction of the Legislature* by inporpo-- . prescribed for the disposal of'the .other part of such in- rating said 'company with vested powers, rights, and privi- creased capital; and upon- the'State Subscribing foy, the leges..ffer'carrying the necessary arrangements and work ^aid one thousand shares off stock, she shall be entitled to folly into efiect; and for the encouragement of the same j appoint oue member of the board of direction annually;, in • Be it therefore enacted, by the'Senate And House of Repre- P«»om which pase the nuihbier of directors to be elected thereafter sentatives. ,of the\ State of Georgia, in General Assembly met, "hTprel- Proviso, by thjB stockholders shalj, be reduced, to six-:, Provided^ that That foe,above-mentioned petitioners,-their associates," qnd b,e^™' if any profit shall be made by the disposition or sale of such, successors be, and they are. hereby incorporated as a body Erst^ increased capital, the sam,e shall enure toMthe use- and bp- politic,, by" the name and-style of f The Brunswick Canal nefit of all the hofders ofthe stock-held at the tiriie of every. Company." y. '; such extension or'increase.^ •' , 2. And be it far,ther. enacted by theAuthority afaresqid,Wtml' surer ofthe § be it further enactedy That as qoon after foe. That, it shall and may be lawful for the said company to' savannah,- passing ofthis act as the same ma^ be practicable, the trea^ create a stock to the;amount of two hundred thousand dol- "f®200'000, and^ta- suier ^ e sa^ Savannah, Ogeechee, and Altamaha., Canal lars, to b'e increased, if fiecessary, not to exceed one-third of naha Ca- Company, shall transfer to the said corporation all the furids the present capital, 'for the pjurpoSe of carrying said cankl or panytoj1** the said company, and when so transferred, shallbecome railway,'or both, into full effect ; that is to say, they are cause the^rpo'0 a ^art funds of'said corporationvand^ thereupon the hereby authorized to cause books of subscription to be rationrihe funds and property of the said corporation shall immediately opened, so soon after the passing of this act as may be con- unn w " saldcm- t)ec°me liable for the payment of all the debts due and venient, and at such places and in such manner as "they mayopened' pany.tobe- owing by the said company* and" for all. cbntracts, made by deem most conducive tp the attainment of the stock required, partof the said company, or jts directors, in its behalf, previous to first giving-thirty days'- notice of the time and plapes for U»eirfund«. such transfer ; and no stockholder or director of the said opening^aid books, in the public gazettes. Company, or of the said corporation, shall be held or com § 3. And be it further enacted, That the stock of the said in wb«t sidered individually liable in his person or estate for. the pay-\ company shall consist of two thousand shares, of one hundred ^0^ ment of any debt contracted by the said dorporation or the dollars each/ but the number off shares may be increased CANALS. m hereafter, shquld it be found necessary, to complete the pb- sanctioned by the honourable the Inferior Court of Glynn jects of the company aforesaid, not to exceed one-third of county, who, together, shall form a committee of valuation, the present capital, and that upon subscribing, the sum of and shall proceed upon the premises, and award the amount five dollars shall be paid upon each share. of damage which the said company shall pay unto such said Com- § 4. And &e fa farther enacted, That the said company, owner or owners, in fee-simple right to the said land for sue and"be by the name and style aforesaid,.shall be capable in law as ever. In case the committee aforesaid cannot agree upon suedi a body politic, and as such may sue and be sued, answer the award, they shall choose an umpire to be attached to and be answered unto,- defend and be defended in all said committee, courts of the State of Georgia, or any place whatsoever, § 6. And be it farther enacted, That'no canal or rail-No canal, having competent jurisdiction over any matter, dispute, or way shall be permitted hereafter to be cut or constructed, withinbe transaction, touching the business, affairs, or well-being of between the Altamaha and Turtle river, or their branches, twenty stockhoid- said company ; and - that, the stockholders may elect seven within twenty miles of the route the aforesaid company may route.°fth" leven elect members thereof, annually, who shall constitute and form a select. * annual3 board, unctof foe name and style of " The President and Di- § 9. And be it farther enacted, That in case of practica- if practica- toform^a rectors, of the Brunswick Canal Company," and,shall be. bility, the aforesaid company shall construct their canal tiecanai Theirstyie. competent to make all necessary by-laws, rules, "and regu- agreeable to the, following outlines ; that is to say, at leastsha11 be blaiawsake ^at'ons tliey niay deem most conducive to good order, faith, forty-five feet in width, at the water line, and thirty-five at ed"snK Proviso.' and harmonious government of said -company ; Provided, the bottom, and of sufficient depth to afford four feet draft such by-laws', rules, and regulaiions .be not repugnant to the of water from one river to the other, which shall admit constitution and laws of this Stale^ or of the United States ; steamboats to pass with their,cargoes on board, carrying at inake^con an<^ a^SO to ma^e a.^ contracts, or to cause the same to be least eight hundred bales of cotton ; and to return from tracts. done in behalf of said Gompany, which shall be binding Brunswick into the interior with equal facility, and to be upon the same, and. .to appoint and elect artists, agents, and Constructed with recesses or side-basins, at convenient dis- employ all necessary officers belonging, &c. &c. . tances from each other, and within sight, to admit the widest When the § 5. And be it farther enacted, That when the said com- class of steam or other boats, while others of a similar class, nation is"" pany shall'have completed the aforesaid communication, in case of necessity, may pass in the opposite direction; saWPCom- within four years from the passage of this act, or as much and to construct the locks, arid a guard lock also at the Al- pany may sooner as possible, to accomplish the work in h' permanent tamaha, with brick. All rafts of logs, or lumber, shall be andreceive and workmanlike manner, they, and their associates, and constructed in width, agreeable to the regulations of said «oodsn successors, shall be entitled and empowered to demand and company, or be debarred from entering the canal, boats,'rafts, receive, by way of toll, on all goods, wares, merchandise, or . § 10. And be it farther enacted, That the,said company Where the ceedin»e25 productions of the country, carried on or through said canal shall build good, substantial, and safe draw-bridges, across cesses a per cent, or railway, such sums of money as they may think proper to.Their canal or railway, wherever it may intersect or cross a pubiicroad, upon the"1 impose in their regulations of toll, ndt exceeding, at any pdbilic iroad ; and that the said canal or railway, and their brfdgesto pe°ndeedex' twe^ve m°nths together, twenty-five per cent, per annum, appurtenances, shall be exerrjpt from all taxes, duties, and Exempt upon the whole amount of money .they shall have Actually impositions whatever, unless it be such a tax, and no more, from taxa- expended, ill making, and keeping in repair the said canal, as is imposed on any other stock in this State., Uon' amount or rai^vva)r'or b°fo : .to'ascertain which, the board aforesaid §11. And be it farther enacted, That no member of said mem-^ now aseer- shall cause an accurate set.of books to beltept, showing the company shall be eligible as a director, unless he shall hold company ained. amount of stoGk paid in, and also of all expenditures for the- at least ten shares of the^tock, in his own right, or as ad- sector^m-1" cantjd or railway, including repairs and income of tolls; ministrator, executor, or guardian ; the board at' all times which books shall always be liable to the.inspection of a' to be competent to call a public meeting of the stock-shares, committee, appointed "by the Legislature, to. the end that holders, when necessary, who shall be competent to regu said company shall not abuse the remunerating privilege of late the rule of voting for .'directors, by a special ordinance, this act. - or by-law, of whom the directors shall elect ope of said ) roe'the § furt^ier enactThat it shall 1)e lawful for humber to the office of president, with such remuneration ; aymenthf the board qf direction aforesaid, or Their, authorized agents,' and to the other members of the board, as may be esta- toppin" to stop,/or prosecute, and recover upon' any goods, wares, blis'hed by thehori.a fide owners and lawful representatives of oatSj'&c. merchandise, or productions of the country, steam or other at least two-thirds of the capital stock of the institution. boats, vessels, crafts, rafts, or vehicles of any description, ' § 12. And be it farther enacted, That the board of di- -from passing on or through said canal or railway, pntil pay- rection shall have power to call in such ratio of the sub- tocaii in a ment of' such ratio of toll as may be demanded aforesaid: scription for stock, on the books.of said company, by way of ™{^e^lle ufpius arjci in case ganj company should hereafter .accumulate a sui> instalments, as from time to time they .may deem necessary tion. by isposedor plQS fund from the revenue and benefits of their institution, for the prompt progress and execution of the work, first staiment!" they may apply it in such public manner as may seem most giving public notice thereof in two Or mo,re of the public important to the majority thereof, under the chartered gazettes of this State, at leasf sixty days previous to the poWers and remunerating privilege herein vested, in the.pro-; time required for the payment of such instalment, motjon of the commercial and mercantile prosperity of §,' 13. And be it farther enacted, That any subscriber or siockiioid- ll'roviso. Brunswick ; Provided, that nothing in this section shalLpon- stockholder, in said company, refusing to pay his, her, or to^vtheir ^ fef upon said company any banking privileges whatsoever, their instalments, when called on in manner aforesaid, shall lay pur- ^ 7. And be it farther enacted, That the. said company forfeitthesameto the useofthe company, if sodecreed by two- edon.to3 'fnani .1 n moka fv G. M. TROUP, .Governor. Savannah', Ogeeqhee, and Alt^maba Canal Company ••2 k maha Ca- uaJ Com- And be it further 1enactedj That his excellency the pany. C.,,,, AN ACT a, Ms excettency the Governor to subscribe to the Stock of the "Savannah, Ogeechee, and ^ ' jnt0 etfect ,he prOTision8 0Jf the fifst section of this Altamaha Canal Company, ' * ' • > . . 4 a^t - said sum. preamble. Whereas, the State of Gebrgia is.deeply interested in car- ' § 3. And bh it further enacted, That immediately after To appoint rying into effect every enterprise having for its object in- ..the said subscription to the stock, of .the said corporation, one'Dir^ct- ternal improvement,.and giving facility to the commerce and hisUxcellency the Governor bej^tnd he is hereby authorized or. „ transportation of the products of the different, counties in1, to appoint, annually, one director of the-board Of direction this State; and whereas,, the laudaSle efforts made for this ■ pf the ^aid corporation,'to represent the'interest of the State, purpose by " the Savannah, Ogeechee, and Altamaha.Canal ' "§4:. And be] it4further enacted, That all laws militating Company,"" are likely, asappears by-their memorial, "~fo' against this act be repealed.! '■ ' prove abortive, thereby involving great private ah THOMAS ^TOGKS, honour pf the State demand that-this first atteihpt'at in- ' ' - ' . President of the Senatq. ternal improvement shoul'd "not fail for the want of means Assented to, December 18th,-1828." c ' . • * . ; to carry it" on ? ' - ^ ' ... JOHN FORS YTH, Governor- CENSUS;' ..; ; ' AN ACT to provide for faking the ,CensuS%ofthis Stqte, tices of the Inferior Courts shall fail to appoint persons to in/case of as required by the Constitution1. < ' v 'take ^he enumeration^ withiri the period of ninety'clays' after the SSL ' adjournment of,the "Legislature; that the justified of the oftheM- The of^the ^ ^n^cte(^ % ^ie Senate and House of Representatives peace, or any three of them, shall have and exercise like tomato" inferior 1 ofthe State of Georgia, \n General Assembly met,>and it is powers respecting^ the said census; and if the census or th®nat^nU eaXcoun- ^ehy enacted by the authority of the same, That it shall enumeration .of any county shall not be taken and returned, within ty required, be the duty of the justices of the Inferior dourts, -or ahyt then, and iff that case,, such county shall be entitled to but SLyg/tbw days "after three'of them; iii each county respectively, in. ninety days 'one representative until the census shall have been taken in 'ournment a^er adjournment of this Legislature, to'appoint one or such county, arid returned in conformity,to. this act. may.68" u'f'th^Le- more persons in each county, that is to say, one person >in, § 3... And be. it 'further enacted, That all persons ap- The per- to appoint €aG^ battalion that may be in the respective counties, who^e' pointed to. take the .census in this State, as required by this m persons duty it shall be to take a full and accurate census or enume- act, are hereby authorized and required to' administer afi guir!d 10 cens^vthe ratipn of all free white persons.,and people of colour re- oath to all heads of families, or any other person, when•an'oath'to siding therein, distinguishing, m separate columns, fhe free they are about to give in .the'number of their families, that *hfef2^ white persons from those of colour, and return, the,same to they shall not, give. in any more than they actually have ; &c. the clerks of the Superior Cohrts of the several counties, and no "person shall be considered as a part of a family, Who are certified under thejr hancfs on o'r before the first day that does not actually reside and board.with the person so^e^T of pctober next; the persons so appointed being first seve- giving them; in at the time they make the return, anjl no re- rallyswornbeforethesaid justices, or either of them, duly and turn shall be taken only on oath.' -- a 7 The duty faithfully torperform the trust reposed , hi them : ^ and it .shall § 4. And be it further enacted, That, the persons ap- Theircom- of the per- be the duty of said clerks to transmit all such returns to his pointed tb take the qerisusor enumeration, shall, receive the pens"ll°IL excellency the Governor, on or before, the first Monday in sum bf twelve and a half cents for each family so taken and ^^Noyember next, ta be by him laid before the Legislaturoenumerated. 1 DAVID ADAMS, "'all. be the duty of the Legislature then in session, ' i. . Speaker of the Houseof Representatives." "^nembers of, the House. of Representatives ■ ' • THOMAS STOCKS, ^tigsagreeable to theplan provided, 0 - ... President pf the "Senate. ; . Assented to, December 10th, 1823. ■ . 1 ' ' . That in case the jus- , ' ' G. M. TROUP> Governorf [ 101-3.' CHURCHES. [no.212.] AN' ACT to incorporate the Independent Presbyterian called Greer's Meeting-House), now called and known by ! Church of the City of Parieni ^ the name of Salem Meeting-House; and whereas, it is ne- Trustees of Be it enacted by the Senate and flouse of Representa- '^f5^^ f°r the promotion of religion and virtue, that pendent* * Mves of the State ofQeorgia.in General Assembly met, and churches or religious societies be made capable of holding, Prestiyte--. fa is enacted by the authority of the same, That-John ettJ°ying>'and defending any property which they may ac- Kel!>'William Carnociian, Etenezef. S. Sew, Jonathan'®1!0 by purchase, donation, oroffierwise; Sainr„r. Sawyer, Roswell King, Anson Kpnberly^ Charles L. Cham-" enacted by the Senateand Home of Representatives Trusteesof payne, and their successors in office, be,and they are hereby °f State of Georgia, in General Assembly met, andit is church at i i t * i i' i_ • " _ v _ j • r, , i .i ' . 'J-. . i - ■« hpr&nn Tin the sinihnhvjfii /it fit# a/ima. That MaHlionT Salem no- incor porated. declared to bej a body corporate,'by the,name ap'd style of tfT^y enacted by the authority oj the same, ina "the Trustees of the Independent Presbyterian Church of Ramey, Richard Haynes, and. Woody Jackson, The Citv of Darien." ' v. successors in office, shall be^ and they, are hereb 'feby enacted by the authority of the same, That Matthew saiemno- and their and incor- Invested' _ _ hereby declared P°rated- _ \ 17And bi'it further macted,c That the -s&id trustees,,to be> £ body coi^prjtfi, by'the name and style of «the Trus- StvP&c. and their successors in ofece, 'shad be invested with all tees.yf thfe Baptist Church at'Splem Meeting-House, and the manner of property, real and personal; all moneys, due, or f, %lfurther enacted by the authority aforesaid, n^sted^ conveying to become due; donations, gifts^ grants,privileges, andim- ^at tbe said,,Matthew Rainey, Richard.Haynes, Woody perty&c. the same. munities whatsoever, which shall'or may belong to the said £aGkson> trustees as aforesaid, and their successors .in of- ™were0-f - - - - fice, shall he invested with all manner of property, both real conveying the same. Independent Presbyterian Church af the time of the pass- «ce, snan pe invesiea wnn an manner oi property, ooin reai ing of this act, or which shall,or may at any time hereafter fnd P,ersQna1' which they may acquire, or, be possessed of, be granted, given, conveyed; or transferred to thein'or their Sra.n> Pb^e, or otherwise,, and all privileges tm**- successors in office, tq hhve and to -Hold the earne,'. to the ™d .lmbiunities, w^ichr may belong to the said church, at said trustees 'and their successors in officer'to the orily pro.. «be tupe.of passing this act, including a tract of land, con- - ; per'use,.benefit; and behoof P0rty hereafter be conveyed or taking all lawful and necessary ways and means' for ortheir successors in office, to haye and covering or defending ^ i to'hold the same to the trover use, benefit, and behool ot Trustees how long church may have,, , ... _ ., , , , , , , - /. ^ issues, and pfofits- thereof, or iany part thereof. , '/f?they are; hereby declared to be. capable of suing, and May su& §' 3. AMd-be U-fiMr. mdcted' That the above-named' 8u0d'«nPl0admS ,and b0'n? ™pl0ad0d, and of using smed. trustees shall- continue .in office uptil the first. Monday in* *1,1 Je§d a"d \ecessary ,steps- for recovering P'-.defending ;in office. January, one4 thousand eight hundred and twenty-one: and' -a®y Property whatever, whmh said church may hold, claim, jXHow -d that on the, said first Monday.,in January, annually there- or demand^ and also-for recoyering the rqnts, issues, and "I6"""'-after,"the pew holders, or persons renting pewS in ^ said P^.0^ or any part 0|'parcel thereof . church,' sl^all. conyene, at the said hhnrch,' between the, 't^r fT* SSKT Hours of ten arid tTOo'dorik, and then and there elect; froni u uV ^.if! Pf iL ^ -tod among the-said pew holders, five1 fit and discreet persons as d, b®ir ^)rj> and dnrtng the term o y. y ' ■trustees of 'the/said church,.who shall be'vested-with all ne- 0n a u.r'^be,f0'0 th.® firs' cessary powers, to carry the riaid several-purposes intended (™td^ da7 aH0r0d bT.«to sald,'™0' by this act irito -full effect; \ , - . ' > , .tees), the ..members,of. said church, or a1 majority of them, < - _ _ • ' .» ' nhnll A^ntrnrkn a t 4Ka tVkAnfmfV-hnilCO At COl/1 phlT VP H • 91111 ieD]No title by bat this act to" be vested in' (Ci'said church «r Se3 as f00',P-r h0ia ,heiA 'tee sa^ ' doth or may rightfully or lawfrilly belong to- the said Pres- 70ai?^^as a%0said- With the .same P0™^, f0^08a"10 . "!,he iMycoii. fWiy; § 5. be.itfurther enacted,' fhatit shrill not.be law* .sP00iS0d. « or ful,for thq'said trustees, or their successors irioffice,at riny ?f avdtruste^,or a majorf^ of the ^embers of -upori riny considerations whatsoever, rf as to dispose o/the sald or a maJont*,,?? theml sba11 SS" fee-simple thereof. ' i , ■ ' - power td fill apy vacancy, which may happen in the trustees, ^ . , ' • • DAYIf) ADAMS 1 by death', resignation,, oy otherwise: and when any vacancy • ' - ; ■;^ Speakerof^^Re^entetives. ' ■- ' v i cp ., : . . q * trustees who still remain in office ; and on the Saturday of Assented to, 13th December, lMft. . ' " ' the City of Darien 1 11 one-half ac're of ground, in ^ square form, bindingon or nqar •'Indepen- } it enacted by the ■ Senate l ayi Hmse of Rbpre-, »• ouUioe of said square! and M«, ialatwes of the State of Georgia,.in Gdnirat Ass/mblymet, layout, .sljall be, and the same .s hereby. se ^ »»4 . and it is hereby enacted by tlS authority of the (.'««,That S'f'f 'he "«8tees ' JSt - so much of the act to incorporate the IhdependentTreaby- '««» W?. °f *."=<*,»g.p churchy with full power terian Church of the City of Darien, as relates, to t?e term! °^id trustees, or the,r suerestore torenP'°: "Independent,"' be stricken otKtand thdiword " Fi'rsC'be ,fr0,n trespass.or injury the•afbre^Wpt M substituted in its place, so'as to read, First Presbyterian bhildmg, so long as they may think proper to rptain it for the Church of the City of Darien., ' pmposesof..pubhc worship.. ^ ^ , • . , . .■■ t)a VTD' WTTT ' § 2. And be it further enacted, lh&t nil ana every aeno-Every fo- Speaker of the House of .Representatives; mipation of ehristiernVshall be,r and they are .hereby entitled JS3g 1 MATTHEW TALBOT to the hke privileges of the trustees oftheMethodistchurch, eameprm-' • President of the Senate. in case they wish toexercise the-sain'e, and under the like. ege' Assented to, May 16 th 1821 ■ ,~ ' restrictions; Provided, nevertheless, that nothing herein con-' Pr0™<>- ; JOHN CLArR Governor ^ined^hall authorize the "trustees of .any church to .build , ' , , , • ,'** '' MATTHEW! TALB0T,- - Be it enacted by the 'Senate, and House of Repre?' * ' ... .President of the Senate- , of thVcor- sentatives of the State of Georgia, i(n General'Assembly Assented to, December 6th, 1822.. poration, and it is hereby enacted by the authority of the. scPne(, That ' ^JO-EK. <• the bo^y corporate created, and the trustees appointed, under •//_ " r . "■ v■' • - and by virtue .of the aforesaid' act'sj shall be entitled and AN ACT to repeal the fourth and sixth Sections of an [no.?17.] styled " the Trustees of the Independent. Presbyfenan . ■ Act,passed the twenty-fourthDecember, IS21,securing The p^. Church of Savannah ,".jand all acts dbne, .a»d all' deeds,' tesr to. tlie Herman tiptherah Congregation, at Ebenezer, of, &c,- taments, gifts, grants, conveyances, and contracts,, which ■. in Effingham County, and their successors in office, have been or shall be, mad.ei exhorted, or ^entereddnto, by, the exclusive-right) of a tbll-bridge across Ebepezer ' Pr t0 them, under or by >t{ie Said pa me or styje,'6r; tftiy > Cjreehi fqr the benefit oftheit Institution. \ . r!t£"n °r^le .tfeseiTh®! ..the., gaid .corpo- , R enacted by the Seriate and Hoiise pf Representatives Fourthuf • hur«b. or efficiently to .wce^ tbq lnte^ion of-^ ^ gj- Vnrinr»trK' 1 i u ^ S00<* ^ ». ^ A the sai(|, enactefi. by}he\authority of the samef.TloaX fhe fourth act recited • a • & 2 And v v ^senbed therein. , - ,a^ six(h sections of the above-recited net be^ and the same,repeale' flu further ^adted by the authority afoHsPid, are hereby repealed, ,/•' " ^ • ' veal estate 1Dat tne5am trustees be, and .they are hereby nuthorizpd - ' . ' ' ATTFNDAN'i'ET 4 ' M . Speaker df the House of iTepresentatires: wise, oi tne real estate belonging to the said c.hjireh or cor- * • mItthfw tatrot poration, the ,half-iithing whereon jthe new Pr;eshyterian. ' , , \ , :' President of the Senate " Ezcepiio.. Assented toj December.' 9t(ij ? 8^ poSm ^ach a«d every religious society or asso- gous^ \ r^r 7 7 „77 -j7 _ f. • 1 VN ; r . J.rJ.Ot/lUUiloo niafJnT| nT cnirl fATim ontr in eairl. trium hp)rtnrrTn/v j Church, and all other religious Societies'one-half Arrp ciation,of said town, any lot in said-town belonging 'to the iJ, said Grmmd on the State House StyuareAortiSf^ye ,™aJ J* 8eIccted ^ 5a*d ^'^.foythe pur- erecting a Church thereon.. J~ nePurP?se pose of butldtqg a'parsonage-house thereon ; Promded,,^' & ■ > that said lot shall TPVfirt to the State, if the samp hp nnt »ia of Ground Of that, said lot, shall revert to the State,, if the same be not freamble. Whereas, by the petition of the..trustees of the Methodist improved witfjin twelve months from the time of. selection vvhich they may« " CHURCHES. 103 and conveyance ; and if the sam.e shall be used in any other an act to cause the Justices of the Inferior Court to [no.221.] way than for the benefit of the parson or minister of said lay off three lots of land in the commons of the Town society, residing on the same. 0f Madison, Morgan County, whereon the Metho- DAVID ADAMS, dist, Presbyterian, and Baptist persuasions have the Speaker of the House of Representatives. right of building Churches. t> • .. «'' Be it enacted by the Senate and House of Representatives The Jm- A * j * TW»mW 20.h IS?/ of, *>" Stale ,of Georgia, in General Assembly met, and it Eft"" Assented to, c , . • r , is hereby enacted by the authority of the same, That the court of M* ™0UP> Governor. . of ^ Court ^ a ^ and Morgan^ r -..a a xt inmi ■ 1, r a- t-r • 'n * to lay off three lots of land, lying in the commons of thethorized t0 fco.sw.] AN ACT to authorize the Justices of the Inferior.Court 6[ Mai|i M each ,ot containi of Ifenry County to convey to the Trustees or Com- ^ in such a sitnation ag tfaey m?y th5nk most sui*able> to the mipsioners of the Baptist Society, to the Commissioners wh^reob the Methodist, Presbyterian, and Baptist persua-&c- or Trustees of the Presbyterian Society, and also to the sjons iiaVe the right of building Churches and parsonage- Trustees or Commissioners of the Methodist Society, a bouses. , ' " lot of Land each, for the purpose of erecting buildingS, § 2 Arid ie it further enacted, That the justices of the To make thereon for Public Worship. said court have the right of rpaking fee-simple titles to each ffues toPlc Th. jr Bf it enacted hy the Senate and tie use of Representatives lot- viz--°^ t0.,hb Melodist, one to the Presbyterian, and —• inferior116 of the State of Georgia, in General Assembly met, and it is one to the baptist. Tt>tW urmQnM' Hpnrv°f hereby enacted by the authority of the same, That the justices „ . T t> HUDSON, Cou&au- of.the Inferior Court of Henry County, or a majority of ' SPeaker o£ lhe House pro tern. &onveydtot0 them, ber and tbey are hereby authorized and empow- ALLEN B. POWELL, the church-ere^ t0 convey to the trustees or commissioners of the Bap- . ' • , President ol the Senate, in'tticbo-S tist society; also to the trustees or commissioners pf the Assented to, ovember 5th, . . whtehto Presbyterian society ; and'also'to the trustees or commis- • _ * UUP, Lrovernor. erect goners of ,the Methodist soeiety, out of the,lands acquired . __ . w_ , . . T „ . ^ iT .tocte, for count„ ptoses, and not laid out in tow? lo.ts, a quan-' AN ACT to authorize the Inferior Court of Monroe [no.222.] ' tity of lantj, nbt exceeding one acre to each society, in such Coupty to make and convey Titles to the Baptist part bf said land, as the said justices, or a,majority of them. Church, and other religious Societies, to certain Lots may think proper, for the purpose of erecting buildings or Parts of Lots in the Town of Forsyth. Proviso, thereon for public worship ; Provided, that'no part of the Be it enacted by the Senate and House of Representa- The inf©- land that may be conveyed as aforesaid, to either of the lives of the State of Georgia, in General Assembly met, and "^Monroe said societies, shall be used'as a burying-ground, in case the it is hereby enacted by 4he .authority of the same, That from same shall be located within three hundred yards of the and aftfer the passage of this act, it shall be lawful for the convey lots public spring. DAVID ADAMS, Inferior Court of Monroe county to make and convey titles ystth|ndap" Speaker of the House bf Representatives, to the Baptist and other religious societies, to certain lots other socie- THOMAS STOCKS, or parts oflots in the town of Forsyth. t,es'&c' President of the Senate. JQHN ABERCROMBlE, v Assented to, December 22d, 1823. • ' Speaker of the House of Representatives. G. M. TROUP, Governor. 1 • ALLEN B. POWELL, " - ' President of the Senate. [no.220.] an act to authorize the Justices of the Inferior Court -^ssente(^ to> December 20th, 1824 of the County of Crawford, out of the lafids heretofore < by them acquired far County purposes; andnetlaid AN ACT (0. inmn>orate tU Walnut Creek Baptist I* 0.2s3.j out mtoum lots, [to convey) a certain quantity of tend Church, in tlie County of Jones. ' ' to the lrustees or Commissioners' of the Baptist, the '' '' , ir j> t» i Methodic and Prpdniterian Societies edchresnedtivelm Be lt enacted hV the Senate and House °J Representa- Trustees of Met/waist^ana rresoyterian Societies,each,respectively, " %u Sme * Georgiat in General Assembly met, ffikBao- for the purpose of erecting thereon buildings for Pub- and U is hereby enaitedhy Us authority of the same, That StAS, lie Worship. James Gates, Absalom Evans, Peter Rockmore, David Lock-and" incor- {i The Jus- Be it enacted by the Senate and House of Representatives of hart;,and John Davis, and their successors in office, be, and P°rated- i'Sferior110 the State of Georgia,in General Assembly met, and it %s hereby they are hereby declared to be, a body corporate, by the Crawford enactcd % the authority of the same, The justices bf the In- name and style of" the Trustees of the Walnut Creek Bap- County au- ferior Court of the county of Crawford, or a majority of them, tist Church." Hi cohveydiots ke'an^ are hereby authorized and empowered to convey .§ 2. And be it further enacted, That the said James Gates, invested to certain to the trustees or commissioners of the Baptist, the 'Metho- Absgilpm Evans, Peter Rockmore, David Lockhart, and ^lurches, and tbe Preg^ytgyian societies, to each a lot, of land; John Davis, trustees as aforesaid, shall be invested with all and ^eof ' not exceeding one acre to each society, out of any lands manner of property, both real and personal, which they may M^veyfns heretofqre acquired by said justices for county.purposes, acquire or be possessed of, by gift, grant, or purchase, and 0iesarae- and not laid out in town lots, for the purpose of erecting all privileges and immunities which may belong to the said "^Vroviao. thereon buildings for public worship; Provided, that no church,at the time of passing this act, or which may here- part of said land so conveyed, shall be used as i burying-, after'be made, conveyed, or transferred to them or their sum- ground, in case the same shall be located within three hun- cessors in office, to have and to hold the same to the proper dred yards of the public springs. ' use, bpnefit, and behoof pL the said church ; and also that DAVID ADAMS, the said trustees in office, or a majority of them, shall, and Speaker of the House of Representatives, they are hereby declared to be capable of suipg and being May sue THOMAS STOCKS, sued, impleading and being impleaded, and of using all legal aa£jbe President of the Senate, and necessary steps for recovering or defending any pro- Assented to, December 20th, 1823. rierty whatever, which the said church may hold, claim, or ,g. m. troup, Gbvernor. demand. G. M. TROUP, Governor. 104 , CHURCHES, , • • » * ' « ' Continu- §3. And he it farther enacted, That the,said trustees of same powers land for the same purposes as.'is herein dis- office."1 the said Baptist'church shall hold their office for and during closed. * . ' ■' ' ,, ' ' ' ' . the term of two years, from and immediately after the. pass- , \ DUNCAN G. CAMPBELL* ing of this act, and until their successors are appdinted "; and '> ' v • .Speaker pro tern. of the House of Representatives/ Th^piace on some convenient day in "every second year after thepass- /, ' . '< ALLEN B. POWELL, nerofan* ing of this act, the members'of said church, ora majority. President .of the Senate, Trustees °f them, shall convene at the meeting-house of said church, Assented to, December. 24th, 1825. „ : and proceed, by ballot} to elect from among their own body .. ' G. M. TROUP, Governor. : five fit and discreet persons as'trustees, Who shall hold their , '• ■ - • — office for two years as aforesaid) from and after their said AN 'ACT to incorporate the Trustees of the Salem Par- Ino.225,] election, with the same powers .and for tbQ same purposes " sonage Property, in the County of Clarke. as above mentioned.1 . , ; < Beit enacted by the Senate and 'House of Representa- ume and6' ■ it further enacted,. That the members of the plves of the State of Georgia, in General .Assembly met, place of said church, dr a majority pi them, spall have power to fill and it is hereby enacted.by the authority &f. the same, That «>nagepro- vacancies any vacancy whixih may happen in the board pf trustees, by joseph Emith, 'Lodwick ,Alford, John W. Graves, James STnT death, resignation, or otherwise, of any of the trustees.;, the' Knott, James M. Burton* James C. Anderson, JoeLWil- church shall be notified thereof by those frUstees who still - liams> \yiUiam H. White, and James C; Branch, be, and'they remain in office, and On the Sunday of their next monthly are hereby appointed trustees, and they apd their successors, n, iun ma a ma 1. a f nn 'I /i f \ k l ah m _aa m * a'u\jL. •> a £ A WV% a aa . a • a «' • a' , . « .a t a J ' _ ^ I a body • rustees The Tnu- tees of the Salem Par- Q r-j, county of Clarke." during the term for which their predecessor had been ap- § 2. AM to it further enacted by the authority aforesaid, invested pointed. ,. ^ . That the-Said trustees and their successors in. office be in--mannel'bf JOHN ABERCRO.MBIE, trusted with, all property,(both personal,and real ; all dona-property. Speaker of the House of Representatives, tipns, gifts, grants^ privileges, and immunities whatsoever, .c' *. ALLEN B. POWELL; ,which;may belong to said parsonage, by virtue o.f . this act,- ^ • . • i ' President of tfie Senatp. Gr which may hereafter be rhade,, conveyed,' or transferred ' Assented to, November 25th, 1824.- ' to theni br their successors in office, to haveand to hold the G. M.. TROUP, Governor. ' . „ ; ^ '.. \ 3: Arid be il further'enacted-by the authority foresaid, Mzym ' 1 / ; \ , • •' .' That the trustees Aforesaid and .their successors iff. office [no.224.] AN ACT to incorporate the Union Baptist CKurchi.in shall be, and'they ?tre'. hereby declared td .be, capable of thefCounty of Warren.' ' • \ suing and being sued, impleading and being impleaded, and Tmsteea of . Be it enacted by the Senate and Housed Representa- aU nece9sary and_ lawM Means for soc\u-ing and; / SpSf, thee of the Sfca/rf Geoi**.*- any property,ddbts, ordemands .whatsoever, to minated"0" and U is hereby enacted by the authority of the same/That aI^Cf thiTecoven/of t'hfeTehtf" issues^ and profiffof the and incor- Billington, M. Saunders, Robert'Walton, Robert Lazenby, tor ttie recov®ry ot th* *®hts' 1/sues' ar?d Protlts ot the ; Michael Cody Jacob Smith, aftddheir succeaaor,; in officd, authority oforeeaid, «o.» " ishdnUany vacancy happen ?y,death, tesfgnltion.-or S»S folk it further imcted by the authority foresaid, SU0A^&^ ^ 7 °' pertv,P&c-, Thatthe said Billingtbn M. Saunders, Robert Walton,Ro-^ppl ninvrCAivr r PAMPTtwi t X£T« ben, Lazenby, Miehael Cqdy, and « Sj* tmsfee> , v SpeaKer.^ ^ouhe of RepStatives. conveying aforesaid, and their successors in oni.ce, shall be invested - ' ' • , A'r t tptv t? powpf t' ■ tiiesame. with au manner , of property,i.botl? real and personal, all '/ . ^ ! / . -. '. president of the Sdriate" donations, gifts, grants hereditaments, privileges, and ira-, ^se^at0<,Dumber ,20th, 18«5. * •' mumties whatsoever, which may belong to the said church, „ - ^ ; G M TROUP Governor at the time .o'f passing .this act, or which may hefeafter be • • . , , , « J ' '' ' . • * - V rn made, conveyed, or transferred' to them pr to theii1 successors' ACT, to be entitled An Act to incorporate the 'Har- t»o.226-l in office, to havCand to.bold the same for the proper-use, beA & D i , • m'* i. • ±1 -a ' M.y sue nefit, and behi>of of the said church; and also," that the said ™lmrg Presbyterian Church, m the milage gf Har- sued.be trusted and tfieir successors in office shall be, fand they are- fosbttrg, ana County of Richmond., • . hereby declared to be, capable of suing and being sued; im- . Be it enacted by the Senate and House of Representatives Tniswsof pleading and being impleaded, and of using all necessary of the State of Georgia, in General Assembly met, and it is bolg p.» steps for recovering or defending any property whatsoever* hereby enacted'by the authority of the same,.\That Timothy which the said church may hold, demand, or be entitled to; Edwards, M! 1VL Payne, Joseph ^Hutchinson; Roberts minted ^ and also for recovering-the rents, issues, and profits of the Thomas, and. James Primrose, and their successors in •officev^rMcT' said, or any part'or parcel thereof. 1 . shall be, and they ^ire hereby declared tp be, a body corpo- Continu- »§ 3. And be it further enacted by the authority aforesaid,. rat.e, by the name and style of " the Trustees of the Hairris- office!" " Tkat the trustees of the aforesaid Union Ghurch,. in"the burg Presbyterian Church/' in the village >of Ilarrisburg, county of Warren, shall hold their office for the terirj of three and county of Richmond ; and the said trustees are hereby The place years; on the third Saturday in November, in every third year authorized to haveand n^e a common seal; dud theyare neroTeiect- a^ter tkp passing of this act, the supporters of the "gospel in hereby made capable in law of suing and beiiig sued, plead- teesT&c Sa^ ckurch shall convene at . the'meeting-house Of said ing and being impleaded ; and to have, hold, and enjoy real surd., tees, c. cjjUrcj^ an^ t}jen and. there, between the hours of ten an.d and personal property, for the uses of said church, .and for four o'clock, elect from, among the supporters of the gospel the supp'ort of a minister of the Gospel for said church, in said church seven' discreet persons as trustees, who shall § 2. And be.it further enacted by the authority afore- hold' their offices for three years is aforesaid, with ther said, That the trustees of said church shall be elected an- CHURCHES, When <*nd nually on the first Saturday in March, by the worshippers theTrul- in the church ; and those shall be considered worshippers tees are to be elected. who attend Divine service there twelve sabbaths during the year. | § 3. jjbid be it further enacted, That the pews and seats in .said Church shall be'free for all persons. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B, POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [\o.227.] AN ACT to authoi ize the Justices qf the Inferior Co.urt of Upson County,.to lay off two lots of Land in the commons of the Toum of Thomaston,whereon the Bap- tist and Methodist persuasions have the right of build- ing Churches. ucesofthc €nacte^ ty the Senate and House of Represents inferior tives? of the State of Georgia, in General Assembly met, Souzed to an^ ^ *s hereby enacted by the authority of the same, That the church justices of the Inferior Court of Upson county have a ftfin Th<> right, and are hereby authorized, to lay- off two lots of land ™fifiotser tying in ^e commons of the town of Thomaston, of said' &C:, To fee simple titles-to county, each lot containing, one acre, in such a situation as they may think most suitable, whereon the Baptist and Me- thodist persuasions have the right of building1 Churches and parsonage-houses. § 2. And be it further enacted, That the justices of the the said Court have the right of making fee simple titles to , said lots. each lot, viz. one to the Baptist, and one to the Methodist ■ persuasions. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. [no.228.] AN ACT to authorize the Justices of the Inferior Court of Fayette County to convey to the Trustees or Comr missioners of the Baptist Society, to the Trustees or Commissioners of the Presbyterian; Society, and also to the Trustees or Commissioners qf the Methodist. So- ciety, a lot of land each, for, the purpose of erecting a building thereon for Public Worship. Be it enacted by the Senate and House of Representatives of the State qf Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the jus- tices of the Inferior Court of Fayette County, or a majority of them be, and they are hereby authorized and empowered to convey to the trustees or commissioners of the Baptist society, also to the trustees or commissioners of the Presby- terian society, and also, to the trustees or commissioners of 4h§ Methodist society, out of any land acquired for county purposes, and not laid out in town lots, a quantity of land not exceeding one acre to each society, in such parts of said land as the said justices, or a majority of them may think proper, for the purpose of erecting a building thereon for public worship ; Provided,, that no part of the land that may be conveyed "as aforesaid to either of the said societies shall be used as a burying, in case the same shall be located within three hundred yards of the public spring. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. M. TROUP, Governor, O AN ACT to incorporate the Baptist Church, on Wil Hams9 Creek, in the County of Warren. Be it enacted by the Senate and House of Reprtscnta tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Smith, Jethro Darden, sen., Jetbro Datden, jun., Solomon Lockett, Robert Sheffield, Ruckner Bass, and Ed- win Baker, and their successors in office, shall bei, arid they are hereby declared to be a body corporate, by the name and style of " the Trustees of the Baptist Church on Wil liams' Creek in -Warren County." § 2. And be it further enacted by the authority afntoai i, That the above recited trustees and their successors in office shall be invested with all manner of property, both real and personal, and to convey the same, all donations, gifts, grants, hereditaments, privileges, and immunities whatsoever, wlm h may belong to the church at the time of the passage of this act, or which may be hereafter made, conveyed, or ti ans- ferred to them or their successors in office, to have and tc hold the same for the proper use, benefit, and behoof of said church ; and also that the trustees and their successors m office shall be, and they are hereby declared to be capable of suing and being sued; impleading and being impleaded, and of using all necessary legal steps for recovering and de- fending any property whatever, which the said church may hold, claim, or demand; and also for the recovering the rents, issues, and profits of the same, or any part or parcel thereof. § 3. And be it further enacted by the authority aforesaid, That the trustees Of the Baptist Church on Williams1 Creek shall hold their pffice for the term of three years, from and ' after the passage of this act; • and on the third Saturday in March, eighteen hundred and thirty, or within three months thereafter, the supporters of the gospel in said Church shall convene at the meeting-house of the aforesaid church, and there, between the hours of ten and four o'clock, elect from the supporters of the gospel in said church, or other virtuous and discreet persons, five trustees, who shall hold their office three years as aforesaid, with the same powers and for the same purposes as above declared. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Absented to, December 20th, 1826. G. M. TROUP, Governor. fno jw'i j J ItH rt J,i| Oil UllllMI reeli The Jus- tices of the Inferior Court of Fayette County au- thorized to convey, Sec. to the churches: I i hi 1 fit I e n , e » y ai d I uut d Cont ni aiice in othcc. Time place, and manner of erecting the Trustees AN ACT to authorize the Commissioners appointed to [no.23.233.] stitution, by whatever name or style the same may be made1; . ff fh^ Episcopal Church in Augusta, galled St. and under their name and style aforesaid, when the interest Pauls Church, to sell a part of the lot conveyed to the' . ancf prosperity of the said society seem to require it; sell, Protestant Episcopal Church of the City of Augusta, lease, or exchange any estate by them acquired either by , by act of the nineteenth December1 eighteen hundred ' purchase, bequest, or donation. ' ' and eighteen. • . j ; May make • § 3. And be it further enacted,' That the Unitarian- So-~ Be it, enacted, by the Senate and House of Representa- Authorised bylaws, ciety in Augusta, Georgia, aforesaid, are-hereby ..vested! with- tipes of the State of Georgia, in General Assembly met, Jan'ifuie full power and authority to make and establish such by- and it -is hereby enacted by the authority of the same,. That J,0^^ laws, rules, and regulations for their, own government, as' the church wardens arid vestrymen of the Episcbpal church Episcopal proviso, they may'deem expedient and necessaryProvided, such by- in Augusta, called St.P.aul's Church, be authorized to sell, *£fxch' laws, rules, and regulations be.subject to be altered and re- on such terms, as they think proper, that part of the lot de- - pealed by the Legislature. , ' scribed in the'act-of the nineteenth December, eighteen , ' . IRBY-HUDSON, , hundred and eighteen;, which was formerly used as a place • Speaker of the House pf Representatives. ' of burial for. slaves ; Provided, however,no. sale of said part Proviso. THOMAS STOCKS, " of the lot shall be made until all remains of persons buried , President of the Senatq. there shall have been remove^,.and carefully interred in .the Assented to, December 22d, 1826. ' place at Presentused as a burialfplace for-slaves ; and until • G. M. TROUP, Governor there shall be erected pri the line formerly dividing the ce- - •" - "— , , • - metery of St. Paul's from that part of the lot authorized to . |^no.232.] AN ACT to incorporate the Roman Catholic Church of be sold, a good brick wall, such as at present surrounds the the, Purification, at Locust Grove, in Warren County, whole lot. > • • • , • - ' 1 ' ' Preamble. Whereas, a religious society, known by the name of the § -And be it farther endcted, That the proceeds - Roman .Catholic Church of the Purification;.at Locust said sale shall be for the use Pf the. church wardens and ■ ' Grove, has been established in; Warren pounty; and whereas, ^est^m^ of the. Episcopal church in Augusta called St. Jowmbe ' it is necessary fhr the promotion of religion and virtue, that Church, ... mnv TiTTncriw' ' * churches or Veligiqus societies be'made capable of holding,. *• . f , <,' TT > HUL)bOJN,r enjoying, and defending any property whioh -they may ac- -' '. ) sPeaker ot the Hpjise of Representatives. . quire by donation or otherwise; , , - . «Vri a » Trustees of Be it therefore enacted ly the Senate and House of Re- " - , ^ President of the Senate. Grove06"3' presentatives of the State of Georgia, in Genefat Assembly ^Assented to, 23d December, 1826-. _ ' : < church no- met, and it is hereby enacted by the authority of the same, ' v , ,G. M. I lit) UP, Governor. JnTincor-That from and after the passage of this act, the lie V.Patrick A n ' "'n- ' .r no., porated. O'Sulivan, Henry B: Thompson, James Rossignol,Ignatius AN ACT to incorporate the Presbyterian, Episcopalno.234.] Semmes, Thomas H. Luckett, and their successors in office, Han, and Baptist Churches in the Town of Macon \ shall be, and they are hereby declared, a body corporate, by the ^ and County of Bibb. s name and style.of the vestry of the Roman Catholic Church ' Be it enacted by the Senate and Douse of Representa,- Trustees of pf the Purification,, of Locust Grove, in Warren'county.' tives jof. the' State of Georgia, m General Assembly met^ terian^ invested §2. And be it further enacted by the, authority aforesaid, and it is hereby enacted by the authority of the same, That ,^s^* perty,^&c., That the veslry aforesaid, and their successors in office, or' Angus McKinzie, • John Lamar, A. L. Aceei Edward W. Baptist thoiitjf u>U" a maJPrity of them, shall be invested in them all manner of Wright, and Samuel Gillespie, and their successors in office, J^Macon sen the property, both real and personal; all donations, gifts, grants, shallbe, and they are hereby declared to be, a body corpo- saine'. immunities, and privileges Whatsoever, which may belong rate, by the nariiie and style of the Trustees of the Macon porated. to the aforesaid church at the time of passing this abt, or ,Presbyterian church, in'the town of Macon and county of which may hereafter be made, coriveyed, or transferred Bibb ; and that Christopher B. Strong, Edward D. Tracy, to said Vestry or their successors in office, to have and to Albert G. Clopton, Addison Mandell, and Reuben Bur- hold the same for the proper use, benefit, and behoof of roughs, and their successors iri office, shall bte, and they are. said church j and also !thatithe said vestry and their sue- hereby declared to be,a body corporate, by the name and style CHURCHES. 107 of the wardens and vestry of the Protestant Episcopal Christ and it is hereby enacted by the authority of the same, That Tnretees of Church, in the town of Macon and county of Bibb ; and Jesse Mercer, James Armstrong, William G. Gilbert, John chifrches that Richard W. Ellis, Thomas M. Ellis, Benjamin Russell, W. Butler, and Osborn Stone, and their successors in office, "£££ Marmaduke I. Slade, and Robert Rirdsing, and their succes- be, and they are hereby declared to be, a body politic and porated"* sors in office, shall be, and they are hereby declared to be, a corporate, under the name and style of " the Trustees of the body corporate, by the name and style of the Trustees of the Baptist Church at Washington." Baptist Church of Christ at Macon, in the town of Macon § 2. And be it further enacted, That Andrew G. Simmes, What and county of Bibb ; and the said trustees respectively of the Thomas Terrell, Samuel Barnett, Joseph W. Robinson, fheymay several churches aforesaid, and those of each church, are Felix G. Hay, James Wingfield, arid Duncan G. Campbell, ^cercise' hereby authorized to have and use a comrhon seal ; and and their successors in office, be, and they are hereby de- c* Way sue they are hereby made capable in law of suing and being clared to be, a body politic and corporate, under the name sued!"5 sued, pleading and being impleaded, and of having, hold- arid style of "the Trustees of the Presbyterian Church at ing, and enjoying real and personal property for the uses Washington." of the churches aforesaid respectively, and for the support § 3. And be it further enacted, That said corporations, May sue of the ministers of the Gospel of said churches. as such, shall be capable of doing all acts which like corpo- Continu- § 2. And be it further enacted by the authority aforesaid, rations may of right do, shall have, power of suing and being office!" ' That the trustees of the Presbyterian and Baptist churches sued, of holding and conveying property real and personal, aforesaid shall hold their office till the first. Wednesday in by gift, demise,, bargain and sals, or otherwise, for the use December, eighteen hundred and twenty-seven, at which and benefit' of said churches ; said trustees shall have per- piace"and *'me> an<^ annually thereafter, on the first Wednesday in petual succession in law, and they, or a majority of them in manner of December, the supporters'of the Gospel at the Presbyte- each board, shall have power to fill all such vacancies as May fin an Trustees"an anc* Baptist churches aforesaid shall convene at the may occur therein, whenever the same may happen, and to wffichCmay paid meetingffiouSes of their respective 'churches, and elect from pa«s all such by-laws and regulations as they may deem ex- occur> &c- ciurc est among t[ie SUpp0rters of the Gospel at' the-said respective pedient and requisite for the purposes of the trusts hereby churches, five discreet persons as trustees, who shall hold created,, whether the same may relate to the purchase or • their office till the first Wednesday in December following, sale of property, or the preservation or management thereof, and Until other persons tire elected as trustees to succeed IRBY HUDSON, them ; Provided, that if the supporters of the Gospel afore- Speaker of the House of Representatives, said should at any time neglect to convene at their respective THOMAS S TOCKS, churches* and elect trustees as aforesaid on the first W'ednes- - President of the Senate, day in December, nothirig in this act shall be so construed Assented to, December 19th, 1827. as to prevent the.m from holding said election at any other ' JOHN FORSYTH, Governor, time, after giving ten days' notice of the holding of said elec- tion in one of the public gazettes in the said town of Macon; an act to incorporate the Presbyterian Church in the [no.236.] and.that the'trustees of the Protestant Episcopal church Town of, Decatur, Dekalb County, and to appoint aforesaid shall hpld their office till the first Monday after Trustees for. the same. Easter' in the year eighteen hundred and twenty-seven, at geit ^acted by the Senate and House of Representatives Trustees of which time, and annually thereafter,-on the first Monday 0f State of Georgia, in general Assembly met, and it is ^rian6 by after Easter, the supporters of the Gospel at the said \ereby enacted by- the authority of the same, That Leonard phe"ract„'rm Protestant Episcopal church shall convene at the'meeting- Simpson, Robert Simon, James Simon, William Carson, urinated . house of their church, and el.ect five discreet persons as, anC£ Alexander Corry, and their successors in office, be, and Jo?atS°r" trustees, who shall hold their office till the first Monday after'they are hereby declared to be, a. body corporate, by the Easter in the year following. ^ name, arid style of" the Trustees of the Decatur Presbyte- The Go- § 3. And be it further enacted by the authority aforesaid, rjan Church." thorizefftoThat his excellency the Governor is hereby authorized to ^ 2. And be it further enacted by the authority aforesaid, ^vt®sterdo tocSf8 cause a £rant to be issued t0 the trustees of the Macon That the gai(J Leonarti Simpson, Robert Simon, James Si- Pty,P&c., lots in Ma-Presbyterian [church] aforesaid, to lot number four, in the mon> William Carsoffi aod Alexander Corry, trustees as ™5sJJ^er churches."1 thirty-ninth square in the said town of Macon; and a graut aforesaid and their successors .in office, shall be invested of the to the trustees of the Protestant Episcopal church aforesaid, wjtjj a|j manner 0f property both real and personal, whichsame" to lot number six, in the thirty-ninth square in said town they may aCqUjre, 0r be possessed of, by gift, grant, or pur- . of Macon ; and a grant to the trustees of the Baptist church chase> and au privileges and immunities which may belong aforesaid, to lot number four, in the thirty-eighth square in to the said church at the time of the passage of this act, or the said town of Macon; Provided, that neither of the lots which may hereafter be made, copveyed, or transferred to aforesaid shall on any occasion be used as a burying them and'their successors in office, to have and to hold the ground. ^ same to the proper use, benefit, and behoof of the said Thirty-fifth § '4. And be it further enacted by the authority aforesaid, chUrch ; and'also that the said trustees, or a majority of them, May sue «qpaneM a That the thirty-fifth square in the said town of Macon, being and 'tj,ey are hereby declared to be capable of^V* ground! distinguished on " Dane's Plan" of said town of Macon as guing and being sued, impleading and being impleaded, " Church Square," be, anu it is hereby set apart for the use- of-having and using a common seal, and also of using all of the citizens of said town as a burying ground^ legal and necessary means for recovering or defending any IRBY HUDSON, property whatsoever, Which the said church may -hold, claim, Speaker of the House of Representatives. or demand. • THOMAS SI OCKS, § 3. And be it further enacted by the authority aforesaid, May make President of the Senate, qphat the said trustees, or a majority of them, shall have &c".laws' Assented to, December 26th, 1826. full power and, authority to make all by-laws and ordinances G. M. TROUP, Governor. necessary for the government of the affairs of said church, . ' ' . . not repugnant to the laws or constitution of this State; and rroviso. [no.235.] AN ACT to incorporate the Baptist and Presbyterian also t® appoint such officers as they m5y deerti necessary Churches in the Town of Washington, Wilkes County. for conducting the business of said corporation. Be it enacted by the Senate and House of Represenla- § 4. And be it further enacted by the authority aforesaid, tives of the State of Georgia, in General Assembly met, That the said trustees, or a majority of them, shall have 108 CHURCHES.. Shall fill vacancies. Jnveated with pro- perty, &c. an full power and authority Jo fill riny raesncy which may ington Methodist Episcopal Chbrch';" and that John Hard®- • s'. hereafter occur in said bbard, by death, resignation, or 'man, Paris Pace, Henry Hill, sen/, Alexander Jones, and otherwise;, in such manner as they may hereafter appoint by' Harris G. Jones, and their successors in office be, and they are . the by-laws of said corporation, i , hereby declared to be,(a body politic and corporate, by the IRBY HUDSON, . name and style of the. trustees of the Lexington .Methodist , . Speaker of the House of Representatives. Episcopal Church, and as such shall be capable and liable in THOMAS STOCKS; • law to sue and be, sued, plead and be impleaded, and shall ^«« President of the Senate, be authorized to make such by-laws and regulations as may sued.. Assented to, December 22d, 1827. 1 . , ' be necessary .fof the government of said church ; Provided, JOHN FORSYTH, Governor, such by-laws are not repugnant to. the constitution and laws <—-—^ of this State ; and foi; the purpose aforesaid may have and . , [no.237.] AN ACT to incorporate the Presbyterian Church in thq '' use a common seal, appoint such officers as they may think town of Lexington. _ ; ' ' prope^and remove the same from office for improper* com Preamble. Whereas, it is necessary fpr the promotion of religion, .; duct or neglect of duty, ' .- that churches and religious societies be 'made papable of ' § ^nd be it further enacted, That the saic rus e s wi^8^ holding, enjoying, and defending any property that they may ' be capable of Accepting and being invested with all * 1 have, or may acquire, by gifts, grants, or otherwise; • • manner of property,' real ,and personal; all donations, gifts, &c xh Trustees of Be it therefore enacted by the Senate and .House of Re- grants, privileges, and immunities whatsoever, winch may terian presentatives of the State of Georgia, in General Assembly belong'to tlie.said church, or-which may hereafter be Lex rcht m an4 it is. hereby enacted by the authority of the 'same,, conveyed or transferred to them or their ^successors in of- , nominated That JohnRupert, William W. Baldwin, David McLaugh- ^id pro- trustees on the part of the Presbyterian church, shall be able :ryr for an(j capakie jn jaw cf holding, for the use of the said Presby- lurch. terian church exclusively,- all such donations, gifts, and grants of property as may be given to the said Presbyterian society. nthe part § 8. And be it further enacted by the authority aforesaid, ^theBap- rpj^ tjie Vincent Sanford, sen., Lemuel Greene, and John West, and their successors in office, trustees on the part of the Baptist church3 shall be capable in law of holding, for the use of the said Baptist church exclusively, all .donations, gifts, and grapts of property as may be given to the said Baptist society, towers of ^ 9* furt^er enacted, That the said Charles A. jHd^Trus- Redd, John Cunningham, and Ebenezer Torrence, trustees ' es- on the part of the Presbyterian church, and they the said Vincent Sanford, sen., Lemuel Greene, and John West, trustees on the part of the Eaptist church, shall be vested with full power to contract and agree with each other on the part of. their respective churches, as to all privileges and internal regulations of said Greensborough Union Church; which, when entered into, shall be binding and conclusive between the said Presbyterian and Baptist churches, to all intents and purposes whatsoever. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. AN ACT to incorporate the Methodist Episcopal Church, [no.240.] in the Town of Jacksonborough, Scriven Comity. Be it enacted by the Senate and House of Representa- Trustees tires of the State of Georgia, in General Assembly met, and chjfch in it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the church in nominated Jacksonborough, Scriven County, now known as the Me- ™dat™or~ thodist Church, shall be known and called by the name of " Jacksonborough Methodist Episcopal Church," and that Seaborn Goodall, Isaac Bryan, Peyton L. Wade, John Greene, James Boston, William Smith, and Jacob Bryan, and their successors in office be, and they are hereby de- clared to be, a body politic and corporate, by the name and style of " the Trustees of Jacksonborough Methodist Epis- copal Church," and as such shall be capable and liable in law to sue and be sued, plead and be impleaded, and shall be authorized to make such by-laws and regulations as may sued. * be necessary for the government of said church ; Provided, Proriso. such by-laws are not repugnant to the constitution and laws of this State ; and for the purpose aforesaid, may have and use a common seal, appoint such officers as they may think proper, and remove the same from office for improper con- duct or neglect of duty. § 2. And be it further enacted, That the said trustees ^ster^ shall be capable of accepting and being invested with all pertyf&c., manner of property real and personal, all donations, gifts, ^d^eof grants, privileges, and immunities whatsoever, which may disposingof now belong to the said church* or which may hereafter be 1116 saiIlie' conveyed or transferred to them or their successors in office, to have and to hold the same for the proper use, benefit, and behoof of said church. § 3. And be it further enacted, That any vacancy which vacancies may happen by death, resignation, or otherwise, of any of when, and the trustees of said church, the survivors, or a majority of g[,e^h01B them, shall fill the same ip such manner as shall be pointed out by the by-laws and regulations of the trustees aforesaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. AN ACT to authorize the Governor to issue a grant to [no.241.] the Methodist Church for a lot in the Town of Column- bus for religious purposes. Whereas the commissioners of the town of Columbus have Preamble, set apart four lots for religious purposes, and the members of,the Methodist [church] have commenced improving lot B. in the said town; Be it enacted by the Senate and House of Representa- tires of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That his excellency the Governor be, and he is hereby authorized and required, upon application, to issue a grant for said lot to the trustees of said Methodist church in the said town of Columbus, free of charges, to be held in trust by them and their successors in office for the use of said society, for reli- gious purposes. IRBY HUDSON, Speaker of .the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1828. JOHN FORSYTH, Governor. The Go- vemor au- tliorized to issue a grant, to the Methodist Church for a lot in Co- lumbns. AN ACT to incorporate the Independent Presbyterian [no.242.] Church in the City of St. Martfs. Whereas a religious society has for several years past been Preamble. 110 CHURCHES. established iri the city of St. Mary's, and known as the Pres- body corporate, by the name and style of " the Trustees of byterian congregation; and whereas, it has become neces* the Methodist Church at Athens,' in Clark County," with' sary, for the further promotion of religion and virtue, and the same,powers as are herein granted to the Presbyterian the further prosperity of said society, that the same should cliurch. • ' ■ . • be made capable, of holding, enjoying, and defending any §2. And be it further enacted by the authority aforesaid, property that they may have, or may hereafter acquire, by That the* above-named trustees and their successors in office donation or otherwise ; J ■ •. ' » ; shall be invested with alf manner of property, both real iand and"« Trustees Be it therefore enacted by the Senate and House of Repre- personal, which they may acquire or be possessed of, by and^ncor- sentatives of the State of Georgia, in General Assembly. gift, grant,'or purchase ; arid all privileges and immunities tliewui" porated. met, and it is hereby enacted by the authority of the same, which may belong to the said churches at the time of the That Archibald Clark, Lemuel Church, and Robert Miller, passage of this act, or tvhich may hereafter' be made, con- shall be, and they are hereby declared to be, a body corpb- veyed, or transferred to them or theiri successors in office, rate, by the name( and style of " the Trustees of the First to have and to hold the same to the proper use", benefit, and Presbyterian Church of St. Mary's." - _ . , • behoof of the said churches ; and also, that the said trustees invested § 2. And be it further enacted by the authority (foresaid, or a majority of them shall, arid they are hereby declared to manner of That the said Archibald Clark, Lemuel, Church', Henry R; be, capable of suing and being sued, impleading and being Maym, property. Saddler, Israel Greer, and Robert Miller, trustees as afore- impleaded, of having-and using a commori seal, and also the power said, and their successors in qffice, shall be invested with all of using all legal and necessary means for recovering or de- f„fgtheVey" manner of property both real and personal, all donations, fending any property whatsoever, which the said churches •same. gifts, grants, hereditaments, privileges, and immunities what- .may hold, claim, or demand. '■ ' soever, that may belong to said congregation or society at '§ 3. And be it fiirther enacted, That the said trustees, or May BlII the timaof passing this act, or which may hereafter be made,a majority of thehr, shall have full power and authority to J^lawi conveyed, Or transferred to them or their Successo.rs'm office, make all by-Taws and ordinances necessary for the_ govern- tQ have and to hold the same for,the proper use, benefit, and , merit , of said' churches, and not repugnant to the laws orProvto behoof of 1;he said society ; and also that the said trustees, constitution of this State ; and also to appoint .such officers and their successors, in office, shall be, and .they are hereby as they may deem necessary for conducting the business of May sue declared, capable of suing and being sued,' impleading and sard corporation. s"ed.be being impleaded,and of Using all necessary and legal steps - § 4. And be it further enacted by the authority aforesaid. May fit for recovering any property whatsoever that the said congfe- That the said trustees, or a majority'of them, sh'ajl have fullTaMM gation or society may hold, Or claim, or demand ;,and also power and authority to fill any Vacanby which may here- for recovering the rents, issues, and'profits of the same,, or after'occur in said board', by death, resignation,; or other- any part or parcel thereof. ,, ' 'wise, in such manqeraStliey may-hereafter appoint by the Continu- §3. And be it further enacted by the authority (foresaid, by-laws of said corporation. . office. That the above-named trustees"qf said congregation ,or so- ' • • •„ , IRBY HUDSON,' ciety shall hold their office for the term of .one year from the ,- " Speaker of the House of Representatives, passage of this act, or until their successors in office shall ' . • '' THOMAS STOCKS,' be legally chosen, according to the provisions hereafter men- ' ' . . , \ President.of the Senate, tioned in this act. , , ' v Assented to, December 20th', 1828. -Trustees §4. Andbe it further enacted by the authority aforesaid,' r J- . - M JOHN FORSYTH, Governor, when, and That' on the first Monday after tbe ,expiration of the, year, as , '' ' -— elected3111 af°resaid* the male supporters of the Gospel of said' congre- ,,'AN ACT tQ incorporate the-Trustees of Presbyterian [no,244 gation or society shall convene in some suitable place (of Church in the Town of Milledgeiiille. which due notice shall be given), and there, between the j$e it enacted $y the Senate and House of RepresCnta- Tro«w . hours of ten and three o clock, elect from the saidaup-^ojf the State of Georgia, in General Assembly met, porters of the Gospel not more than five, nor less than three, is Ureby enacted by the authority of the same, That« discreet persons as trustees,.who shall hold their office for. james, Camak, William Y. Hansell, Thomas W. Baxter,St . one year,, pr, until their successors are legally elected, with . Huffh Crafti Rlchard j. Nichols, Richard K. Hines, Samuel the same powers and for the same 'purposes aS above de- B6ykin> Peter j Wiliiaing, and ge^ton^ Gyantland,, trustees clared. . - . • Tpr»v rtTTtScarnvr of .the Presbyterian church in the town of Milledgeville, and Tt -tT ^ • their successors in office, shall be, and thesjr are hereby de- . Speaker of the House^of Representatives. c,ared tQ be^ body corporate, by the parne and style of th'e THOMA^ STOCKS* • trustees of the Presbyterian church in the tpwn of A1 illedge- . , v. , ™ , President pf the Senate. ville; , and the-said. James Camak, "William Y. Hansell, , Assented to, December 20th 1828. • ' Th&mas., W. Baxter, Hugh Craft, Richard . J. Nichols, JOHN FORSYTH, Governor. Rjcbard k. Hines, Samuel Boykih, Petet J. Williams, and > «m" '/•' i * 7 r> t ' Seaton Grantland* trustees as aforesaid, and their successors [no.2,43.] AN ACT to incorporate the Trustees of the Presbyte- office, shall be invested with all manner of property, both fern** rian and Methodist Churches at Athens, in Clark, real 'and personal, which they may acquire or be possessed County. of, by gift, grant, purchase, and all privileges and immuni- w*' Trustees of Be it enacted by the Senate and House of Representa- ties- whatsoever, which may belong to said trustees 'of said teriatires of the State of Georgia, in General Assembly met, church under said denomination, or which may hereafter be ' Church in and it is hereby enacted by the authority of the same., That made'er transferred to them the said trustees and their suo- minated"10" Jviso. church, not repugnant to the laws and constitution of this State ; and also to appoint such officers as they may deem necessary for conducting the business of said corporation, jancies § 3. And be it further enacted, That the said trustees, or eufiUed. a majority of them, shall have full power and authority to fill all vacancies which may hereafter occur in said hoard, by death, resignation, or otherwise, in such manner as they may appoint by the by-laws of said corporation. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. ' , JOHN FORSYTH, Governor. * .245.] AN ACT to make valid the Acts of the Trustees of the ' Congregational Church or Meeting-House of White Bluff, to regulate the future election of Trustees, and to empower them to sell fifty acres of land, and a lot in Vernonburg, and to raise funds on the pledge or mort- gage of the Property of the Corporation. ^mbie. Whereas, the trustees of the Congregational'church or meeting-house of White Bluff, in the discharge of trust, have done acts not in the strict accordance with the powers vested in them by their charter of incorporation, which acts, however, are of a beneficial nature to the said corpora- tion, and have met the entire approbation $>f the corporators ; and whereas, doubts have' arisen as to the validity of those acts, and also as to the time for the annual election of trus- tees, and as to the number of trustees to compose the board for the said corporation ; and whereas, the said corporation hold, and are entitled, to a tract of land and a lot in Vernon- burg, which are wholly unproductive, and which it would be for the interest of saia corporation to sell;. and whereas, the present board of trustees have, with the approbation of the corporators, erected Valuable and expensive buildings on a lot of the said corporation, in the city of Savannah, and have not sufficient corporate funds to complete the same, and to pay for said improvements $nd whereas, the said .corporators have petitioned tha General Assembly of this State for an act to quiet the said doubts, and to enlarge the powers of the said trustees; cts of § 1. Be it therefore enacted by the Senate and House of Re- resent; presentafives f/ie gtate of Georgia, in General Assembly valid met'an<^ ^ hereby Vnacted by the authority of the same, That ' the acts of the presenf board of trustees of the Congrega- tional' church or meeting-house of White Bluff, and their predecessors in office, and all sales and purchases of corpo- rate property, and all contracts made by them in relation thereto, be, and the same are? hereby legalized and con- firmed. ees § 2. And be it further enacted by the authority aforesaid, .r"e®d That .Patrick Houston, Peter Dowell, Daniel Nungizer, Na- thaniel Nungizer, agd Matthew Salfner, the present acting board o£ trustees, be confirmed in their office until the first Monday in March, one thousand eight hundred and thirty ; ees and that on that day, and ort every first Monday in March atodbe thereafter,.annually, the members and supporters of the d- Gospel in the said, church shall convene at the church, and there, between the hours of ten and qne o'clock, elect five trustees, who shall hold their offices for one'year, and shall have full powers to carry the purposes of the charter of the said corporation into effect. icipa § 3. And be it further enacted by the authority aforesaid, filled. That if, from any unforeseen eyent, there should be no elec- tion held on the first Monday in March in any year, it shall be lawful for any three freeholders, who are members of the congregation, to call a meeting of the members and sup- porters of the Gospel in said church or meeting-house, for the purpose of electing five trustees, who, when elected, shall hold .their offices until the first Monday in March thereafter; Provided always, that the said freeholders shall give at least Provigo. two weeks' public notice, by a written advertisement posted up at the said church or meeting-house of said intended meeting, for the pprpose of electing trustees as aforesaid. § 4. And be it further enacted by the authority aforesaid, Vested That the present board of trustees, and their successors in office, shall have, and they are hereby invested with, full acres of powers to sell a tract of land containing fifty acres, and aland>&c- lot in Vernonburg, the property of the said corporation, upon such terms as shall appear to be for the benefit of such corporation, and to lay out the money arising from such sale in such manner as shall be for the interest and advantage of said corporation. § 5. And be it further enacted by the authority aforesaid, May pledge That the present board of trustees shall have power to mort- ga^pro- gage, or otherwise pledge, all or any part of the property of {^•jj'sJScc'' the said corporation, to eqable them to raise money-to pay mouey. the debts due by the said corporation, or which shall here- after be incurred in improving the said property. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented.to, December 19th, 1829. GEORGE R. GILMER, Governor. AN ACT to authorize the Governor to issue a Grant to [no.246.] the Baptist Church for a lotin the Town of Columbus, for religious purposes. Whdyeas, the Commissioners of the town of Columbus Preamble, have set apart several lots for religious purposes, and the members of the Baptist ehurch have erected a commodious • building on one of them, known as lot A. in said town ; Be it enacted by the Senate and House of Representatives The Go- of the State of Georgia, in General Assembly met, and it ^orized^to is hereby enacted by the authority of the same, That his issue a excellency the Governor be, and he is hereby authorized and fhe'Baptist required, upon application, to issue a grant for said lot to aio/inthe the trustees of said Baptist church, in the said town of Co- townofCo- lumbus, free of charges, to be held in trust by them and their lumbus- successors in office, for the use of said society, for religious purposes. WARREN JOURDAN, Speaker of the House of Representatives. 'THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1829. GEORGE R. GILMER, Governor. AN ACT to incorporate the Trustees of the Baptist [no.247.j Church in the Town of Warrenton, Warren County. Whereas, a religious society was established in the town Preamble of Warrenton, on the 11th of July last, under the name 'of " the Baptist Church at Warrenton and whereas, if is ne- cessary that the said church should be made capable of hold- ing, enjoying, and defending any property that they how have, or may hereafter qcquire, by grant, donation, or other- wise ; therefore, Be it enacted by the Senate and House of Representatives Trusters of of the State of Georgia, in General Assembly met, and it cimrchin1 is hereby enacted by the authority of the same, That John ^^"ed1 Fontaine, Henry Lockheart, John G. Winter, John Moore, and incor- Joseph Wright, Samuel Gheesling, William Calliberry, f°rated- Thomas Locket, and Robert Fleming, trustees of the Bap- tist church at the town of Warrenton, and their successors m CLERKS. in office, shall be, and theyare hereby declared to be a body of the male members of the said church biennially to eleet a corporate, by the name and style of " the Trustees of the board of trustees on the second Saturday in November, or Baptist Church at Warrenton;" and the said'John Fontaine, as soon thereafter as convenient, and to keep'a record of Henry Lockhart, John G. Winter, John Moore, Joseph such election in the regular church book ; and in all elec- Wright, Samuel Gheesling, William Castleberry, Thomas tions, the church will always keep in the board a majority of Rested Lockett, and Robert Fleming, trustees as aforesaid, and their trustees, who are, membprs of the ^Baptist church, manner of successors in office, shall be invested with all manner of pro- / § 3. Apd be, it further enacted by the authority aforesaid, Vacanci* &eptaud Perty k°th real and personal, which they may acquire or be That whenever,any vacancy shall take place in the board of tne power possessed of by gift, grant, or purchase, and all privileges trustees by removal, death, or resignation, the board ofbywiom i?ngCth"vey and immunities whatsoever which may belong to said trus- trustees, or any two members thereof, shall inform the clerk fiUe<1, same. tees of said church, or which may hereafter be made or pf the church in writing, and the clerk shall lay the same transferred to them the said trustees, and their successors ini before the said Baptist church, and immediately, pr as soon office, to have and to hold the same, for the proper usp, be- thereafter as practicable, the male members shall elect some nefit, and behoof of the said Baptist church at Warrentori; eligiblp person or persons to, fill such-vacancy or vacancies and the said truste'es, or their successors in v office, in 'the 'as may exist in said board of trustees. name and by the style aforesaid, shall be, and they are hereby § 4., And be it further enacted by fhe authority aforesaid, Maymut | hiay sue declared to be capable of suing and being sued, and-of using That the, said trustees^ or a majority of them, shall have full sflf all necessary and legal , steps for recovering and defending power and authority tojnake such by-laWs and ordinances any property whatever; which they the said trustees of .said as may be necessary for the management of the tepiporal church may hold, claim, or demand.. affairs only pf Said church, not repugnant to. the Ihws and Contipu- § 2. And be it further enacted by the authority aforesaid, constitution of this State ; and also to appoiht such officers office!'1 That the above named trustees shall be allowed to continue as they may deem''necessary for conducting the business of, in office two years, counting from the'Second Saturday in1 said board of trustees. , ' , ' Trustees November^ eighteen hundred and tWenty-nine; and at the r - WARREN JOTJRDAN, how^iecf- expiration of two years from the. above named date,, the male Speaker of'the Houseof Representative*, ed- members of the said Baptist church shall prpceCd to re-elect , v THOMAS STOCKS^ - by ballot the same, or, nine others, who shall continue in , ' v •* ' , , President of thp Senate. Proviso, office, two years; Provided, nevertheless', that no person re- Assented to, December 18th; 1829. ' , elected resides out of the county : and it shall be the duty ^ 1 ^GEORGE R.', GILMER, Governor. CLERK'S. [no.248.] AN" ACT* to repeal an Act, entitled an Acttocompel the AN ACT to legalize, and make valid certain diets oflwtih . Clerks of the Superior Courts to keep their Offices at the • Turner Persons; while acting as fhe Deputy• Clerk and' Court-House of their respective Counties,or within cine Agept ofIsaiah Tucker. \ , ♦' mile thereof, passed the 1th day of December, 1&07, so, Be it enacted by the Senate and House of Representatives Tbe«u far as respects the Counties of Appling andfDooly. of the State of Georgia, in General Assembly met, and it is Repealed. Be it enacted by the Senate and House of Representa- hereby enacted by the authority of the same, That all d.eeds, g«f fives of the State of Georgia, in General Assembly- mpt,,. mortgages, conveyances, executions, processes, and other w®, and it is hereby enacted by the authority of the, same, That writings, of whatever, naturq or kind, enrolled, or certifi-^ the before-recited act, so far as respects the counties of cate's ihade and given, and signed by Tqrner Persons, prp4" Appling and Dooly, be, and the same is hereby repealed. Isaiah Tucker, who Was the clerk of the Superior Court of - ' ALLEN DANIEL, Warren county, shall be received, held, deemed, considered, Speaker of the House of Representatives. and admitted as evidence in any court of law and equity in ' MATTHEW TALBOT, "this State, in like manner as if the. same bad been done and •, President of the Senate, signed by the said Isaiah Tucker, in histown proper person; Assented to, December 25th, 1822. ; any law, usage, or custom to the contrary notwithstanding. JOHN CLARK, Governor. * ' ALLEN. DANIEL, Speaker of the House of Representatives. . [no.249.] an act to repeal an Act, entitled an Act io compel the' «\ matthew talbot, Clerks of the Superior Courts to keep their, Offices at ■ ' • , . President of the Senate. the Court-Houses of their respective Counties, or Assented to, November 25th*..1822. . within one mile thereof, passed the 1th day of Decern- ' n *- * J "N CLARK, Governor. ber, 1807, so far as respects the Comitypf Early: . ANACT a the Clerks of the Inferior,Courts, Repealed. . ^ « enacted by the Senate and House of RepresMa- the several Counties in this State, annually, ht the first twes of the State of Georgia, tn General Assembly met, term of lhc Superior CoUrt, in their respective, Corn- ' «es, intake and exhibit to the Grand ftry a mtement ■ 'be a^d ;r;ar • ";rSe°barreaS.ClS the C0Unty0fEar,y' or within one Mile o!hce,Ca.idn by the grand jury for malepractice in office, upon which thereof, passed the seventh day of December, one thou- iyoenj. said presentment it shall be the duty of the Attorney or So- sand eight hundred and seven, so far as respects the iai or soli- licitor (general to prosecute, as in other cases of pfeSent- t County of Decatur SKSS by grand juries, for offences punistoble by law; and' & it-em£tefi ^ iU'Semte and Hmse 6f Represcnta- Repeal^ (•ute.ose~ on ^ction,the-s^doleA may be fined, or fined and re- - State of Georgia, in General, Assembly mei,TJ^ moved from office, at the discretion o/, the court. , . X; , , enfcted h.ffA r:utharHll hf fh> ThaI coSn* of iti'asonahie §3. And be it further enacted by the authority aforesaid, , . f A f * • \ Decatur. uon^aHow- That the justices of the Inferior Court shall allow foeir said ' for "clerks such c0mPef^n a* IS-reasonable ^nd j"st for lheir < ' ' 1 "* JOHN ABERCRQMBIE, Z&T ^TITlAfuriL enacted-, That all laws and pirts of • Speaker, of '^Honseof Representatives, laws militating against this act' be, and the seime hre-hereby- . President of Ihe Senate, repealq . , _ *vm Itvamcj Assented to, December 20th, .1824. f.n Mf-V ■ ' * .Gr M. TROUP, Governor. Speaker of the House of. Representatives. . . THp^sfd!nf onSnate . AN ACT '*> tU **> °f DePMV ^ ?f the [ire'2541 Assented to,.December'22d, 1823. * . ' ' ' Superior and Infer^tor.Courts and Courts of Ordinary, c A G, M. TROUP, Governor. ' under the age bf twenty-one Years.- ' v;1' ^ • Be it enacted by the Senate and House of Represcnta- The acts of rNo.252.] AN ACT to Establish an office.for* Recording the Births tives of the State of Georgia; in General Assembly met, and ®,cepr^y un tpfifihe Citizens of this State, in each County of the said it is; Jiea-ebybnacted by the authority of the same, That from decease . ' State.' » ' ' ■ • ' * ' ar\d immediately after the passage «of this act, all the acts one'made* ''Whbreai much'inconvenience has been experienced in teretofore^done by the depity, clerks .of the Superior, Infe- ihis'Statd from the'ffifficulty of obtaining'testimony of the »or> and Courts of Ordinary in this State, nnderlhe age of ages of bersons inUresied' in questions*of rights before our twenty-one years,be, and thesame are hereby -made as legal ,.. courts ; and udlereas. etAbaVrassiiig difficulties frequently *»« *.»<* dcPnt7 clerks,.at the date of such Acts, impede the correct administration Qf justice on this subject; bad beeii twenty-one years of age ; Provided, that nothing Principals Vis or. for remedy whereof, •> ■ . ' - ' . herein-contained sha l be construed to exempt the principal 5SSS Be itemed %§ ifrSetati Hmse of ReprhentMns ^ from a»y llat»% ^n^JisnmiT quiredto 0f the Stqte of 'Georgia,.in General Assembly met, and it is- - . ^,TT f1l itSlP., tles sys.,4% a»dA «liA • ' falter-of the House of Representatives. immediately after the passing of thil)'act,.itvshalbbe the duty ' , - ;'A^ „ y * .7' a bo may vqf the clerks of- flie Courts ,of Ordinary, in* eaclj-'COunfy re- _ 1 President Of the Senate. Reives,^spectivelyV to ent^r afid-register inV book1, to He-kept' for As?ei)ted December 20tb, 1824. that ^purpose, the ,names- of adkj^eijs©!^ who .'may -report terbG 'themselves \fo Bini,'or-who maVliS rfeporte'd-by their parents • •. 7. ^ im t /• t ^ rthe>vith" or guardians, 0s well as^I those vvho may be he.reafteT 'b'6rn AN ACT rfS^f' ?ees °f Alerh °f the Courts tNO-255' f w"due tbe sa^d county, andsvllo rtlaf be reported sis aforesaid, ' ' ?f Ordinary, 111 certain* cases. 0fC upon due 'proof being made .by affidavit or oath to -tfye said , Be it enacted by the Senate and House of Representatives Fees of the ^'hook^' -cterh of the''said birth ; /a'fid that thq said cletk shMl be "dn- of the Stdte of'Georgia, in General Assembly met, and it is ^tain" 'be. kept 'titled to take and-receive for.^ch registry which- he' shd:ll.\bq hereby enacted by the authority of thp same, That from and rases pre [rpose. called on'to make, .the sum House of Representa- Required^ Speaker pro tem..of the House of Representatives. * * n' • • r* • ? a l? ^ keep their • . allen 'b powell ;^es' °f. &tate °f Georgia, in General Assembly met, • ' '.Presfdeut'bftheSMate. ?* *■■*> Assented to, December jOtbplWS. "• .., ' •• r '7^? to ta tf teiwr **$, «»«- • , 0. m:. troup; hqvemor, ^ of> the derk- of the Superior and clerk of the Inferior ^ ■ v ■, ,. , . . • vourts of Ware county to kbep their omoes at or within one [ua.267.] AN, ACT to compel the Cterle df tU'Superio,r Courty f"Pf"?, !!'' '' , ErdTe\ COu^to k^M^Ul^^ ' Of the Ppurtihous? of said.povtoty. , . *. • . \ repealed:' . . „ •* , '' kiw^his10 if enacted by tfioSenate and Housye 'of Represeniaiives < . IR^Y HUbSQN^^'.-^3 -p " ii- of the S(afe- ofGeorgia,' in 'Gft^rgl Assembly* met, and it'ik Speaker of .thpyhouse of .dRep,rese?nta v . ^JEj6MA'S .STOCKS, - ^ , » Ctourt- hffcer the passing of this act,that ft; shall be ihe, dhty, of the • ^ 'p*? jtzerc* is hereby required io iTefep;his office.a,ffor witltin-five miles r t - ' ^ .' JOHN Fp-RS'^H,<;^,oyertfoir.« ' of the Court-house of ^said cquhty, any fa\v to the contrary ' v 7 ■. • L i .»- " ''- *$■ * • notwithstanding. > DUNC AN G. GAMPBEELv aGT^ -to dmeiffiL tfw first'seciioh of an jLct, entitled [wMi] ' ^Peal?er&otem 'the here of Represeritauves. ■ An ~Aqito 'aUef ah famend thb severalEstrap/ZaW?of , . ' 1 allen 'b. fo well^ this State, pafsed.DecertiberJhe.foutftfi, pighteen huw,- , ... > v president of the Senate, , • ,_ aj „..It 'President; ^Assented to, 24th December, 18251 dr^dphd sfpteeh, so far tis io autfwmzSdmd cdpipel the vG/jfc TROUP/bovernor.• ' CU0;tk:Merigr Uad- " rertist m the Wmhin§tyj&'*ypwSj, , .• y [no.258.] AN" ACT to specify the arhpuiit. in which the Clerk of , %e#enacfedbyUe Seriate and ^oumpfJ^pfesmiUivesofr^M *7,^ T^-P : *fA± a f,' -w ttT'77 . 7 77^7 . flit*Sitnifi t\f dpfPrfxSn^in •fr&nt>.rnl*A Jtifp'rnhlbi rftpf . the Inferior Court, of \the CoUlity of Wilkes skalfbe theState.qf Georgia,inCene^al'As^emb'tyntet, unMti compelled to give afheied bond. . • . ' ' ' ' '. ' " . enfcte^ the.authority of M ^r,Tbab frdm'and after ' ■ r '' 7r i>. ' - - - the' .paskage of this act, it shall'be lawful for the clerk of. the. jngtoa SwtSd0 ' 3 ejiaetea by the Senate and .House of Representa- fnfej-i^ Gciurt of Wilkes.boqnty. W advertise ill •estrtiys^n in the,sum tines^ 'qf th$ State of Georgia, " in (General Asserhbly, / inetr th^ Washington NeWs. any few qr usage to*the coptraiYnot? »f «500o. and it is hereby enacted by the authority of the safnlel TFh&t ^itlfatinding., . .. V k •'K ■ from and aftet the passing of this act, the clerk of the ifpfes 1 * * •• rior Court dfthe qourity df .Wilkes, who may be hereafter elected to office, shall, before hb enters on the duties thereof, ^ive bond and'security, to be approved by the justices of the } Inferior. Court of s^id county; or a.majority of them, ,iu ,tlie Asseht'ei \o, PeceiJbTf v20thi' b828? sum oT five, thousand dollars,-inste'ad of,the sum'6f three - >' j.OHN FORSYTH Governor. AausaPodollars,.as heretofore retjuiVed by laW;' • ' v ' ■ - . ' . ' , •• •* s , , , J 2. And be it farther< enacted, '^That all lawVandpart$\ XT.^\-nrv*-' li ni i ' At- r f' 1 tt lawsi^mllitjatihg against this, act be, and the same are AiS^ACTtpautriori^^ke^Clerk ofthe Inferior Court of (No,i{6!,I hereby repealed. DUNCANG. CAMPBELL,' ' . -Colombia County t$ advertise trie Estrap; Sales' in die t * Sjaeajkerj^o of the, pouse of "Representatives, • ''$Qpsiitofionatist. ' 1 . / , \ ' • * . „ ' - / • ALLEN B. POWELL, . . _ fp it- eriacied. by the Senate arid/ tfousp pf .Representa- Reqnjredw , ' Presi'dehfof'the Senate, lives of "the'State of. Georgia, in General ^Assembly met, advert Assented to, December 17tlf, 1825'. v • ' , , and dp is hereby enacted py the authority' -of the same, , , G. M. TROUP, Governor. Thi^tafter .the, passing pf .this acL tLe^clgrkof tjieInferior CLERKS. 115 Court of Columbia county is hereby authorized and required to advertise all estrays, tolled and returned in the county aforesaid, in the Constitutionalist. §. 2. And be it further eyeleted by the authority aforesaid, That all laws and parts of laws militating against this act are hereby repealed. IRBY HUDSON, Speaker of-tbe Ho,use of Representatives. .THOMAS STOCKS, President of the Senate. Assented to, December 19th,' 1828. ' . . ' JOHN FbRSYTH, Governor. within mile Court- house. [no.263.] AN ACT to compel the Clerks of the Superior and' In- ferior Courts of "Dooly County to keep their* Offices within one mile of the Courthouse of said County. Requires to Be it enacted by the Senatet and Douse of Representatives offices*16" °f the State of GporgiU, in General Assembly■ met, and it is he'of °the hereby enacted by the authority of the same, That from, and immediately after the passage of this act, the clerks of the Superior and Inferior Courts of Dooly-county shall keep their office^ within 'one mile of the Court-house in. said county, any laws to the contrary notwithstanding.' IRBY HUDSON, Speaker of the House of Representatives. s THOMA& STOCKS, President pf the Senate. Assented to, December 9th, 1828. ' JOHN FORSYTH, Governor. § 2. And bb it further enacted, That so. soon as said clerk shall have completed the transcript aforesaid, it shall be his duty to notify the justices of the Inferior Court of said county, who shall assemble, compare, and revise the same ; and so soon as the same shall agree with the'original manu- script, the said justices shall issue their certificate of the fact, which shall be recorded upon the records of said court; and immediately .thereafter, the said transcribed records shall be legalized, and become the public records of said county. * IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, » President of the Senate. Assented' to, December 19th, 1828. JOHN FORSYTH, Governor. The Jus- tices of the Inferior Court re- quired to compare and revise the same. Shall be the public records. [no.264.] Required to keep his Office with- in three miles of the Court- house. Not t6 af- feet the present Clerk. AN ACT to compel the Clerk of the Superior, Inferior, and Court of Ordinary, of .Telfair County, to keep his ' Office at or within three miles of the Court-house of said County. '..I, Be it enacted by the Senate and House of Representp- tives 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 passage of this act, it shall be the duty of the clerk of the Superior Court of Telfair county, to keep his office at or within Riree mites of said pourt^ house: any law militating against thte- act be, and the same is hereby repealed. } § 2. Anel be it further enacted by the authority aforesaid, That nothing in this act shall bfe so construed, as to'operate upon the presentclerks during their present'terms of service, any law to the contrary notwithstandihg, IRBY HUDSON, Speaker of the House of 'Representatives. THOMAS STOCKS, President,of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. AN'ACT to. require the Clerks of the Court of Ordinary of the several Counties of this^ State, to record in their Offices all Guardians'' and Administrators' Bonds. Be 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 after the passage of this act, it shall be the duty/of the clerks of. the Court of Ordinary of the several counties of this State to record; in a book tp be kqpt for .that purpose, all guardians* and administrators^ bonds taken before, the Court of Ordinary of their several counties, within'six days after the sam,e is executed. - . ' § 2. Be it further pnapted by the authority aforesaid, That all laws, arid'parts of laws militating against this act be, and the' same' &re hereby.repealed. ' " ' . WARREN JOURDAN, Speaker of the House Of Representatives. THOMAS STOCKS, President of the' Senate. Assented to, December 18th, 1829. GEORGE R. GILMER, Governor. [no.266.] Clerks of the Courts ofOrdinary required to record all guardians' and admi- nistrators' bonds in their offices. Repealing clause. [\o.265.] AN ACT to authorize, the Clerk'ef the Superior. Court of Lowndes County to transcribe the Records of said Cqur't, and to legalize the same. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, The Clerk authorized to trans- ^ _ _ record!onto an^ ^ ™ hweby enacted by the authority of the same, That bound books. the present*clerk of the Sup&rid'r Court of the cpurity of Lowndes be>fand he is "hereby authorized to transcribe in sufficient bound books,- to be proyided for him by the jus- tices of the Inferior Court of said county, and paid for out .of .the copnty funds thereof, all the records of.what kind soever belonging to said court. P 2 .AN ACT to repeal an Actyentitled "An Act to repeal an [no.267.] Apt, entitled An Act to compel Clerks to keep their Offipes at the Court-houses of the respective Counties, or within one mile thereof, passed lih December, 1807, as far ass respects the Counties of Wayne, Tatnatl, Wilkinson, and Lciurensypassed 10 th December, 1808)" so fair as respects the County of Wayne; and to com- pel the Clerks of said County of Wayne to keep their Offices at; the. Court-house of said County, or within one. mile and a half thereof. * Be it enacted by the Senate and House of Representor The act re- tives of the, State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the saMe, That this act re- so much of the above-recited act-as"relates lo.tbo county of fo^nre- Wayne, be, and the same is hereby repealed. wame § 2. And be it further enacted, .That from and after the cie?ksof passage of this act, the clerks of said county of Wayne Sty to shall hereafter keep their offices at the Court-house pf said ^ecpe^®jl county, of within one mile and a half thereof. theCmm- WARREN JOURDAN, 1,ouse , Speaker of the House of Representatives. ' THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. C11G. J . 1 ,CONSTITtJTION.^182^ [no.270.] AN ACT to alter and amend the second section pffhe Cause ,the same tp .be- laid .before the Senate, on the day second Article of the' -CoifLstitntion of State of the two? houses shall have been organized,"and fhey Georgia. ■ \ - 1 . ; ' ' ' shall be. transmitted by the Senate to the, House of Repre-- rreambie. Whereas, the second stefction of the second 'article of thp sentativte?. The members of each branch of the General ®®ridr®* Constitution 6f the State of Georgia is in the following Assembly shajl-, convene in the - Representative Chamber, 0p«edZi words i^'The Govern^ shall be elected by the General and the* president of the Senate, and the Speaker- of 'the puW^- • Assembly, at their second annual session' after the rjsing-of House of Representatives, shall open rand publish the returns • \ this. Convention ; and every second annual session there- in presen.ce of the General Assembly; and the jjterson having TheperMo '' after, on the, second, day after, the two'houses shall be or- the majority of the whole number of votes given in, shall be ganized," and competent to proceed tOj businessand as declared duly elected Governor of., this-'Statebut if no be declare the said section requires amendment; , , . person Ifave such majority, then from-tlj© persons having in e^of The Go- Be it therefore enacted by the Senate and'House'of Me- the two highest number of votes who shall' fie' in- life, and™?^1 elective by presentations. of the State of Georgia, in General Assembly shall net decline an election at the time appointed Tor the the Go' the people. met^ anfit is jierciy enacted by the authority of the same, .Legislature to eject, the General Assembly Shall elect im- Jg That as soon 'as this act shaH have passed agreeably,to; the mediately a Governor by-joint' ballot:;, and in-all cases of JrJefie- requisitions of theConstitution, the following 'amendment, election of aGbvernor by .the General. Assembly, a majority sembiy. '' The eiec- shall be! adopted in. lied of , the said section. The Go.-' "of ^ votes of *he numbers present shall be necessary for tion when, vernor shall be elected by the.persons qualifi'ed tov vote for , a, choice. '• Contested.elections shall be determined by both contested hohwheM!d members of the General .Assembly,, oh the first Monday in Houses of,the General-Assembly, in. sach manner as shall electo»- October, in tfie year of our Lord pti©\thpusandJe]g|it hun- be prescribed by . ' ' - ' ■ dred and twenty-five; and on the fir^t Monday in-Octdber ' . ' ., DAVID ADAMS,. in every second year .thereafter, until , ^uch time'be.altered . i • Speaker of the House of Representatives, bylaw; which election shall be heldat the placie of holding ,. . , ' - THOMAS STOCKS, general elections, in'the several qounties -of .this. State, in. ' f '.President of the Senate, the same manner as.is prescribed for theplectiphof ,mefrj[fAsitepteq to, December. 17th» 1825.^ • * ■, . * There- bers of the General Assembly."The returns for every eltec-( l" ; ' ,- ^ ^ T.ROUV, Governor. sShupV ti°^ of Governor shall be sealed up by the' presiding jus-r' • ' ' '• , - JOHN ABERCROMylE, , aud direct-tices, separately from other retiirnsv;and directed to tl^e Pre- , ''-■Speaker of the ^u^e^Representatives.' ed" siderif'of ;the-Senate and'the Speaker of .the Ho'use of,Re- - «. •. , A LLEN B. PpWELL,.- , presCntatives^ and transmitted ^0^3 e?:cell€?ncy the Go- - ' t / • President orthe Senate. verncy, or the person exercising the duties-of Governor for'Assented to, November lTtjh", 1B24.^ . y . , • the time being, Wfio shall,, without opemn£;the said returns, . • . . . ' rG, M. TROUP, Governor.. ' V J ' * • • OOXJNI'IElS.—t182(). [no.273.] an" act to alter and iirnend an Apt'to make:knoipn i^n act to. repeal thfi. eleventh, section of an ^cl,passed [no.274} arid establish'the Dividing Lirie bdiweep Cichnden and 'the IQfh 'December, 1818, to organize the 'Csmnties Wayne.' , ' ' s . bf,Wai^,flwinnett,.Mall,andHaber'sha!in,andUr - The di-- p Be it ■ enacted by the Seriate, and House of Reprepenta- ' authorize the Justices of the Inferiipr Courts of said Sen'?e tiveiof the State of Georgia, in General Assembly: met,, and Counties Jo sigh Lapd^ Warrants issued on Head Camden it is hereby enacted by the authority 'of^the same, ' That / Rights. - ' l. ' # . i • " Way*e ^jfrom and immediately after .the passage of this act, the di- Be it enacted by the Senate and House of Representatives The eie- . Sade11^vldi"? line between the county of Camden, and the county 0f the State of Georgia, in General Assembly met, and it is and esnta- ^ Wayie shall'begio at the,ford of Little Sa'tillav where'the herkby enacted by "the authority of the same, That the tele- act of the ™Lhed.a': post-road crosses the 'same, thence'along the post-road J.o Ventb section of an act passed/the 19th December, 1818, to the Big Red Cap, thence, along said Big Red Cap-untif it 0rganize%&'e. counlies of Walton, G^itnett, Hal], and Hav^^01" intersects the Big Bay,'thence along the. Big Bay. to . whero hersham^ be, and the same is hereby repealed. / - waitim, ; the Big Branch makes out of said Big Bay, thence-along § And be it further enacted by th$ authority aforesaid, ^repeaL said-Big Braftch to-th,e .Great Satilla Swamp', thence along Thatthe Justitesof the Infterior Court, or ^majority of them, the road leading down said, Swamp to where said. r6ad jn the p'ounties aforesaid; be, anj they are^hereby authorized inferior1 crosses the Great Satilla ^.iver, a]t the mouth of the Bufikld, to sign any land warrant Which m^y be issued on head. . from thence to the lower line nf the second district of W ayne* rights in their respective countie's after the passing of .this '!es auth,r where lot&Nos. 24 and 240. join, on the Indian boundary ;f act,, so far hs rtespects'tho parts p!f thp counties of Franklin SdiJmd thte above-mentioned boundaries shall hereafter be considered and Jackson which were added to % above-narked counties, as the permanent dividing line, between Camden and Wayne,, any,law to the contrary notwithstanding. ., • ■ • any law to the contrary notwithstanding. . ' - 'DAVID ADAMS, • DAVID ADAMS^ ' „ Speaker of the House of Representatives^ - Speaker of the House of Representatives. ' r MATTHEW TALBOT,. MATTHEW TALBOT, < President of the.Senate. President of, the Senate,protem. Assented to, December 13th, 1820. ' " Assented to, 13 th December, 1820.' -( 5 ' JOHN CLAlRK, Governor^ . JOHN CLARK, Governor. * - COUNTIES. 117 [no.275.] AN ACT to add apart of Glynn Couyty to the County tires of the State of Georgia, in General Assembly'met, and Jhe>ine of Wayne. , ' it is hereby enacted by the authority of the same, That th^c'curi- Ap^tof Be it enacted by the Sentfte and House'of Represent a- the lines dividing the ccmnties of Walton and Gwinnett Shall ^sa°fn ; SSS, tire* of the. State ofGeorgia, in General Assembly met, and commence atthe boundary line, about three mites down said »»d g.i_ ' fh^'nmitv it ™ hei-cby enacted by the authority of the same, That from *\ne' from the Rock Bridge, and run a straight direct line scribed. '■ of Wayne, and immediately after the passage of this act, that all that &Jong by the house of James Morris, to the house of Mrs. u part of Glynn county lying 'above a line to- commence on R^nells, on the Hog, Mountain road, about four miles up ^ the Altamaha river, at the lower end of Clark's Bluff, rup- said r0ad' h"om the present line civi ing said counties. ticesof the nlng in a direct course to the Brunswick road, to strike said , § *• A«d *><>d f<"&er >*<"*$ „rhat lhe Jus?lces of the road between James May's and the Olayhole Swamp ; thence Inferior Court of the county of Walton may appoint as many Wal,0n to running a west course till it strikes the post-road leading persons ate they may think proper, o run an -p am y mark t0 from Fort Barrington to St. Mary's, shall be added to and ' f •<* 'me> agreeable to the More-mentioned secbon, and pay ,»„ ,„d become a part of the county of Wayne. i ^ ^U1^s ° ♦ n ^ 'mart said !» part Of § 2. And ie it further enacted, That so much of the ■ »1f the justices of the Inferior Court of the county of i™, .nd^ Brunswick.load as lie? above the aforementioned-Mo shall Gwinn.-At, may.think proper to appoint ass,8t?n^°'un •' 10 be kept in repair by the citizens bf.Wayne, any law to the -faid h«e.277.] AN ACT to alter and define the Lme between the 0'n lot number two hundred and eighty-nine, in the district Counties of Wdlton and Gwihnett, - aforesaid, thence down the said river Ulcofauhatchie to the Re it enacted by the Senate and House of Representa• line of Jasper county. ' 118 COUNTIES.. ucesonhe - ^ fur^l€t enapfed, That it'shall-bethe'duty S Jackson County to* each , of the Counties off Walton, inferior of the justices of the Inferior Court of the county of Jasper* Gwinnettand Hall, and, a part of Franklin to the. jaspeVto to cause the said ;iine to be'run and plainly marked' by thp ^ Counties of Hab^rshym and Jlcdt / \ . ^ have the county surveyor, within. thifee- months frdm' th* passing of .. whereas, some of the tinea dividing, some of the, aforesaid Pirn and "mark- th>s act, and that the,expeusfr of. the, saffie be paid by the C0l^tieg w^re designated bf old roads, hot very much iu and pay county of Jasper. ^ j.'™.- „ »,•!• '.A''' use; and whereas^ persons fiyihg'near, such roads Are in the Officers §,3: And, ke %t further enacted, That .all ,mi](itia Officers 0f turning such dividing roads at pleasure round (heir SET comprehended yuthut the territory hereby added td Jasper houses,soas to. thrdw them in which-CUunty they may linnfc Wtbtn tw county, shall hold, their r^pective apPoiritnsenfs -. . •„ e so ^ eVacie"civil. process, militia .duty, payment Sue* § further enacted^ 1 hat ailauttb pending in o£ ^ffect ^regularities contrary to thrf true ' ST" ">e county qf Walton, tn. the Superior or, nfertor Court,, ;ntent. ^ -p^g «of the afore8aid u„:Jk{0T remedy ' Aii sffits ' against any person ^residing/Vithnj.the limits hereby, added. ^hereof , ' ' •BSSS ,0 "f 5°™V of Jasper, shhUberemo»edto',ud tried inthe ie-it'mactei ^lU Smote (tnd ttou'm of Repre»Mt'W<*< gate county o£JfP^ v"' » T)A,v'm''AnAlvm the State °f Georgia,* in\Gi a. I> /int n hn i /iM/v/ifdi/Z /7>/t tridiitnl perior and tj - y h ^ , '!■ a^d it is- hereby enacted by the authority .of the Sow/Is,,, That ?'%i 8SE? • - ' SPeaker if Wi. the. .true" intent; and meaning of the aforesaid law,- KJ Scutoffi ' • . . President"of the Senate " and?shd11 -be'. sb coftsidered> fhat where- any road ran at the t° he re- - , -OQA- ® senate, time Of passihg the.aforesaid law, being a. dividing line be-lineith Jasper.10 A8®611 ed *0> st'Decem er, _ ^ - A • . tween any Of the aibresaid'counties, was the true-line\; and ^ , ^ %, • n~* •yLA.RJ>.» tfoy^or.. ||jat any-alteration dt gicb road by any citizen of ,either "j**1 .. . t ' county, did hot effect an, alteration jn the county line, any. [no.280.] AN ACT to authorize the Justices'of the Inferior Courts u§age or-custom to'the'contrary notwithstanding. . ; ' of the different Coiiniies in this State to havetran- ' « - ' DAVID WITT, ' scribed-in new and well-bound, books the Records of Speaker, of the House of-Representatives,. their respective- Counties, 'and to legalize 'the shmpy\ • ' • . M ATTHEW. T ALBOT,. -\ • A ? - • ' ... President of the Senate, have tran- the justices of the Inferior Oohrts of the. 'different' coupfies -AI^ 'ACT' to appoint the justiteyof the Irifekor Court [m& record's,! atin. .this Statei ,be» and 'tb1Y a^e1 hereby authorized apd em- ' 0f ffldntgvmery County for tlie lime being, &nd' their • anytime, powered,^ any .time, they may think; expejherit,,to. cause ;..^cce^ in\*office J Commissioners. Jor the'Public fnoneA'niKon1 infrt.»nntir nn/I tird'11 UAiin^' InrtAl/.o «*-* •-> . t . ! * *r -» ' V * r to be fairly transcribed mtomew and we'll bound'bopK the Buildmgsin 'said* County. ' . whole or any part of the records of the'irPespective'counties. 7-^ '• . T* i,. %■'' • . -x . r . w j Office,, re. § 2.- Anfbe itjurthr, Thaf it shalf'he duty - % »* % by-the^enate °f Rep™ »* SSJ" of theiolficArs of the different Ctujotl^s jrh' aforesaid, of .any eentmpee f. the,State cf.G*,*gid;t« General- Assembly ?K, ffmtotbe.person having charge ofaiyofihe couniy rCCofd's.'to deli^ ^Mebym^tM-bytKe authority.aforesaid, gg «S.. ^ the-jushces pfoiesai'd Whhn ^ed, dnd thersaid » authorized tnem ro me-iusuces aiore?aia wnen required,; ano tne.saiu . . , t . a* : r n«a ^ . , . .. justices or a.tna|6rity of thetd ('thh Vhole'nutHber heing'pref 5cMtces of .the; Inferior (^lrt pf Mop^omery ttounty^and SffST serttj ate.hereby a«tliotiKed to apphihtaft'and proper pef- ^ ,offic.^sh.l> fc^nd. they arc'hereby tp.gr SSS& son- Wfranscn-he all or'any pirt of thirds ot: their. .rAa P,?f cummls3'on.er?'.&r- "?e 'P ."<> fot c« them. spectiv^ counties* ^and take bond; with good and sufficient S- \ «°.Uri ^j r ■ .. r a! ...V ... , security for the faiffifhl exoc^tiOn of the %utW afor'esaid, And heftier enacted, That-the Oommissioners *£ who Shall take and subscribe an.oath to th^,fe*ct. 1' . - 17 *?"* S> ttcte §3. And be.U-further enacted, Thit. nftehhe manu- ^ote the;fir?.t d«j-ofJanuary, e.ght^en hundred and twen-.J'„ rSSSff script copy shalrbc.'fiMshed, the jpstices as afraid shall ^:»wo..tolum to the justioes Bf-the-Inferto^; Court oT'toid jg iheS?' appbinTtwQ-fit and'proper perjks to'comp'aV.^e, said cpunty ' Stieaker of the House of Representatives, dnd'itts hereby enacted by the authority aforesaid, That an ?ou"ty P , IVIATTHFW TAT TtOT Set, passed on"the second day of December, J80.0, entitled '• President1 of the -Senate " An. Act ifor the feter regulating fences on Harris's Neck, Assented to, 22d December, 1820. tothe county of Mcintosh," be,.and %-samo is hefebyrc- - .- ' JOaN- .CLAIlE,-Governor. rP^ale<^* ^ ^DAVm ADAMS, • , ; ' •. r Speaker Of the House of Representatives. . ,V': T- , k • • MATTHEW TALBOT, [no.281.] AN ACT explanatory of an Act; passed the 19$'Re-, , , . ' ... , President of the Senate. Cember,,1818, to organize ttiejCounties \of Waltor$, Assented to, i5th Becembef,- 382R • • " Gwinnett, Hall, and MabeHhdm, ariJto ddd apartof- . - JOHN^CfiAdllV Governqr. COUNTIES. 119 UO.SS40 AN ACT to add a part of the County of Henry to the and proper persons for the purpose of building a court- Coynty of Walton, and "a part of Walton to Henry. house and jail in said county, which, after thirty days' notice, Ml pub].c r»rt or § 1 .Be it enacted by the Senate and House of Repre- }n °,ne <>' J"10™ public gazettes of this State, shall be b™, 'S, sentatiees of the State of Georgia,, in General Assembly kt to the lowest biddpr, the said justices taking bond, with „lea t 'V«, met, ami it\is hereby enacted by the authority of the ydmi, security, for,the faithful performance of said con- «■«;» -wSJ That the fine between the counties of Walton and Henry tract i PrOvtded, that until tl,e justices of the Inferior Court ,,uho rob. "ld\Vaifon Shall be as follows, to'wit; beginning at the eighteen ipile purchase land, and fix on the site of the public build- A Heiiry post on the line -betiyeep the counties of. Morgan and ings, and erect a temporary court-house, the elections and Ti.eC^un- i;mnty,< 'Walton, thence a direct iine to th'e corner between lots court shall be held at the house of Martm Robb [Kolb]. ton author- No. three hundi'ed - and" three, three hundred knd four, two ' § And he it further.enacted by fhe authority dforesaid, tosne^ "hundred and ninety-five, ^and two hundred and ninety-six, in That the justices of the Inferior Court ior Walton county at person to the,fourth district of Walton, and«t'hence the same cours,e gha-11 have f«11 Powef to contract with gome fit and proper until it intersects the .present dividing line between' the PePS?n< to run and plainly mark the several-artificial lines tjfimi counties of W'altpn and Gwinnett; and all that part of hereinbefore .designated, which, shall be paid for by- the expenses 'Henry-county, lying porth-east of the above-mentioned line county of Newton.- ' Newton shall be, and the same is hereby added to the county Of Arid be it further enacted by the authority aforesaid, cmmxy. Walton; and all'that part of Walton lying to' the''south-r'That aI1 m.ilitia officers'qnd justices nd thence^do^vn the sa,me That the justices of the Inferior Court, of a majority of an^ petit a:nd to its junction with the main river; .thence, along them, shall convene at the place bf holding court as socfn a^ iordffigTo tjie Ulcofauhatchie, to. where the temporary boundary .line, possible/for the'purpose of selecting grand and petit jurors, the ft be . Or(beginping part intersects the same ; and all that fmrt of ^andproceed to drawing sffid jurors for the ensuing courts, in force; vton. counties of Jasper, Walton, and' Henry 'cornpretended the rnanner pointed,ou't by law', regulating the selecting and within the lines aforesaid, shall form a^ne.Av county (to he] drawing grand and petit jurors in this State. , jug. known by the namO of Newtoir; and' that thef'justices' Of the" § 9. tAiid be itfiiHhir enacted, That all suits now pending au suits •riorlhe 'nffirA°r Court," hereafter appointed for said county, Or a in any of the courts of the counties from which this county j^i^y A au- majority-of them, Shall be vested with full power was taken, which by the constitution and laws of this State on^the authority to .fix on the site of the public -buildings for saffi are properly.,triable in the county now laid out, shall be against lie site, county, which shall he as near the centre ,of said county as transferred accordingly. f SffSto"beCUt convenience will admit of; at which place the c6urts and § 10. And be it further enacted, That the militia of the transferred, electidns,'Shalt be held, as soon as suitable "building^ are county .aforesaid shall be'added to, and form a part of the Jdded totia erected thereat? and -said commissioners; or a majority'of first brigade of the fifth division of the militia of this Sfate. Brlgade^of them, are authorized and empowered'to contract with fit §11. And be it further enacted, That all laws or parts the Fifth 120 . .COUNTIES. sapening. of «*• militating against this act be, and the pame ate said, or l)ny two-ofthem, shall advertiseon^ enperintend an *jy» clause. by repealed.' • • , , ' V / election' in each captain's district for ttyo; justices of the i',' *, N r IPAVID APA^i peabe,-giving fifteen days' .notice thereof fjwho shalbbe com- ' VSfieaker of the!,House of Repffiae'nthtiyeV. missioned by-the Governor, A'nd ebffiffioe in Office until,the . V f'^' mXtTHEW ^ALBQ.T, next electionincoilr'se for justices of the peace throughout' • • i t' ^ ' - v *Ptesi^ent 6f the^eiiajtS, this State, unless (heir offices shall sooner .become" vacant • '• Assented .to, December 24th,! 182 f., , , v ,. ^bylaw. • ' : . >£•' •> V"4 - ' T'v - ,v~. , "'-JOHN -CLAkfo tSoyerrior. . f 4.' Andbe^tfu^her ehacted,^hat it shall be the.jduty of tub ju#., " ' 1 '• ' • the; justices of the-pfea^e^after theyiha^fhhve b'eeh commis--iigfceof^ t»e.2?6.] AKKACT'^organizefcSptSn^fiS'^Tiltern • ' Monro^Benrg, afi&Fayette; tdetdddpart offfenTV byih'e milfediwa infijrce in this State; the'said elpctibqs ^cuomof whe tej^^^^Jaea^a'certiied afteeably td4he pro«ons 2RSs QyrcutytpteQauedffle>llliM VwbUit;awip1mrfwn'> dfithe)s&id,,Vuft%rftws.,' : %4y ''f ' 1 f S0ffi" ' ' Urne to attach the Sd& Coufities to. tihfi'SoutJi&n* C>c> s[ • Aud':ftef further endctek\ ; $ame,' .That it t^e aforesaid .cbuhtiCsV antf then Ijold leleqtidi^s'therein re* e5d° ** in each of shall bethe dhty of any three.or ffior^'w'the persons hefe- specliyply for clerks of the Superior ajld. Inferior Courts,' tiaidon°giv- inafter named', not being' themselves cknafdat.es, in each of sheriffs, OOr'onOrs; tax-collectors,Jr06eiv,ers of'returns of tax* dayst,Vnc^ty ^ c°bntie$ afofesffid, to hold-an.election fot fivfe justices of able-prOpertv^ a'nd'Aoiinty surveyors ;> which said elections xi^%t^he the Inferior CouH,an each ;ofthe counties aforesaid,'giving shtfll beheld atthe most-central place in each of the said '.. . signated^n at twenty days' notice when s'aid^le.ctioh shall be held,, counties- respectively, to' be designated by>the justices -offcbe • this act. at the piaoes by this act to bp desjjnated fol thp temporary; Jnfqrjor Gbi^rt;br a^oiajojity bPt^em, in their advertisejniehts, t. holding; ofthe Superior Courts inthdSai^pohnties; and t^e of.such elections as 'afotdsaid.' «'•' ^ , said, person^ shtjll certify from iiiider their hands, to tlip'Cro'-' § 6. And be, it farther enacted; 'That if shall 'be the dqtjr The Go- vernpf the - five* candidates who fiayb the. highest jpumber ^of . of his .excellency the^Grpvemor to cdrilmi^sionf all/offibeff^JJJJJ' votes,>who ^alithnr6uponbec6mmi^sidned hytheG6v.erno'r,', ,civilv..and military, in' the coiin'tips ajforesaid,.' whb, Heri^ iimmer.son foe the jtha'duty pf! the justices dj the peace, or any,two .of them, ;bj For Henry, county of, Henry', William ' Darlcing, David, CaCiiebury/b-said 'couptie^,. to-superintend the- saidN elections, and certify o/S* county, (theedfe.'CochraU? ;Sol'om'<^','Striolpin, William MyKni^htj 'the sUpie,..as, requi^d^by- the militia'laws in:force in this S^55L • Charles Gates, senio^', and, Lee\Jeffers t, for,, the.coU'hfybi ^tate; V- ) /. > .'.v*', " •*' "'Houamfc For Fay. , FUyette? 'daffies 'Stffiyvn^T.hqmas A. Vpobbsi Ricffia^d.'Res- •|' $i' And 'be il^tjflcr 'exacted*.That Whenever tlic ffiifitia SigS?, ette .Coon- passyj. ^ G. Montgomerfy'; Bafrfe/.' }''. f- ': .^,of'the;,afpresaid pounne&are prgab.i^ed agteeahly*'.to the.pro- ®10inthDivi' The Jus-§' 2^. 'bf ip. further'enacUd; 'Thyi ;ffie"jiistto^ 'of ffier). Vi?ioias -cjf^tfiis ac,t, they shall .be!: attached' as ffillows |vthe;.Dooiy,'9e- ^r®fr thft Inferior Courts of tl^e cohntieVafbrdsaid' ate *'« county>bf Hous'tOnf;tQ the first brigade of. the!sjxthk ^jvisibn courtsap. poinfe.d, ,6oiiiffiissioqer^ *df -the: ^lourt-hnusbs! add J^ilS' of, thh/cpuhty of Dooly tq'the ite for^tliU ptiblic ■ thp .fir^V brigade b'f the fifth diyi'sion'vof the ffiilitia of this. 10 buuSings? buildings* in • their said feduqfie?,'which shall'be "as riear^the^ State;, • ^ ' ' " ', '• ' 'Brigade, tx' on^the centre.ihereof'as,confenjene'e fvill, permit, having fiub. be-;'1, ' Ahd{be it ft&ther'enacted, Tl^al'immediately' from.-^ DlT1" public.sites, gard-to tbe' prOsent f)bp'ul4tibn 'of the said eoun'tiCsdand'.tH&ir' and after th"q pa&sing of thia.actj.fhe fourth," fiifiirtee^ith, ^part°f be^rwar. probable increase ther^ji^, sadS doufities'sh^lllbq^dbdiV. fourteenth, hnd s^yenteenthVdistricts Of lienry coufttylshalf coumy a^conve6'* yid'ed ; ffifc -w'hicji "piacfisUhb cobrta; ancl ^gener^l'^lections -be olelach^tl'iferefrom,.'and a^(de^.'to the comity of'Fayqtte, nfence- wiii sh'all be .field,>s"sobfi as. spitafile buildings shall' have* bdm. aiii^'lgw. tp'uie, contrary notwithstanding._• •'^ ,,CounJJ! Ju They are erected*, and'*thfe said:jiistice^ or k majdrity r6f '»§' %1. Ahd'beit furtJi&r,enacted, 'jhaf froffi and afier tlie, dicSHCi^ •UiOTized to bereby^authorized tC purchase .or lease a? much ffind as they- ^exf ahimal'ffi^eting of the jjreneral Assembly, the.said ^buh-'.^'J0^ purchase^' may' dheftt sufficient for the erection of the said public, build-'^ties;pf poolyyHouston, Alt^fpe, Hpnty,, and Fayette, shall said coun- ™UtJ land-in'gsV and'to Contract with' &ny.pffisoribr person?i|bf building'. • form And constitute a."oi'rcuit,""l6 bd cplled-the Flint circuit; c^he mav deem a Court-house and Jail in the Aforesaid jfeounties'^ respebt- ahd'ithe ,Ge|fer.al Assembly, at ^heir jiext arinual,'meeting,'Fiiutcir- &?Cfo"V'.Welj;,»' ■ .bhal( proceed tp .electjticfge.'of thAStiiiefiorpofirts thereof, A'judse m 'PusbesC ^Ur"^ § 3-\Andvhe"ii! furtfiphen'qbted^hA the.-.justicesAf 'the, 'aiid a soliCitp'rrgeneral. fi Vv;*' ' . , • Thesaid; -Inferior Coiitts of {lievCouh'tlb^ ktoresaid shall havefffil powffi/!§. 121. Ana be if further enacted,^ That until an kppoipt- sioa. authority^ anffsh'hll. ptfCc'eed/'as siooffi as - rqa^ ,b^ AfteF' m'ent.ojf a'judge And solicit(^--gene'ral -of tbe said 'FJihfc bir- c&^nies,, their appointment, to.Iky off the saifficbuniies'resppcUvdly' edit,' the'qountiespf Dooly and Houston shall be atta.clred to tains^ciis- ihto-asffiany lcaptairisv'di^triffis "as the'y'.in' ^hei'r dis^retiofn rthe, Sduthprricircuit,,'andthe county of. Monroe-shall be at- MischeTi tohavi^ think properand Whenever said, districts sh'aUbe ?^'vtacjbecl.t'6 the Ocmiiffiee circuit, and Ihe eountles'of flenry * t Jusdces of laid "bff'and'dCfined/the' justicd? -o'f th'e Infepoff," Coi/^ts afbrer and tayette. jp "thd.Western circuit;' and 'it shall be, and it Jjonroc to COUNTIE {8.—-1821. 121 the oemui- is hereby declared to be, the duty of the judge? and solicitors- Heiiyroand general of the circuits to which tji? said counties are hereby Fa>weatt0 temP°rari,y attached, to open and hold Superior Courts em circuit, therein, at such place as the justices of the Inferior Court and solicit- hxi agreeably to the provisions of this act, at the fol- or General lowing times, to wit: for the county of Dooly, on the third attendhsaid Monday in May and November ; for the county of Houston Times of on the fourth Monday in May and November; for the holding county of Monroe, oq the first Monday in June and Decern- courts, her ; for the county of Henry1, on the second Monday in June and December; for the county of Fayette, the Thurs- day after the second Monday in June and December. Times of § 13. And be it further enacted hy the authority aforesaid, inferiorthe That the Inferior Courts in the county of Dooly shall be held Couits. on the third Monday in March and September; in the county of Houston, fourth Monday in March and September; in the county of Monroe, first Monday in May and October; in the county of Henry, on the second Monday in May and October; and in the county of Fayette, third Monday in May and October.* jUntii the § 14. And he it further qhacted, That until suitable build- Ce'fixed63 in»s are erected, and a site to be established by law, the Su- ulm» Courts perior and Inferior Courts in the counties aforesaid shall be ^ Wat such held at such places as the justices of the Inferior Court, or a itheTnferior maj°rity °f them, shall appoint; and the elections for jus- Courts may tices of the Inferior Court shall be held at such places as the lirect' commissioners, or a majority of them, appointed by this act, shall direct; Provided, the places for holding said elections shall be as near the centre of said counties, as may, in their judgment, be most convenient for the inhabitants thereof. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 24th-December, 1821. JOHN CLARK, Governor. *0.287.] AN ACT to be entitled An Act to define the Line'le- tween the Counties of Franklin and, Jackson ; and to add a part of Franklin to the County of Jackson. vidhT § 1- Be it enacted hy the Senate and House of Representa- tankiin fives of the State of Georgia, in General Assembly met, and 'a Coun- ^ hereby enacted hy the authority of the same, That from is de- and after the passing of this act, the fine dividing the coun- 16' ties of Franklin and Jackson shall commence where the Grove level road strikes the Hall county line f thence along said road to JVlalone's old store; thence a direct line to where the present Jackson county line strikes the Madison ankikf county ^ne 5 an(* a^ that part of Franklin county lying south d"d to and south-west of the aforesaid line shall be added to and jackTorf. become a part of the county of Jackson. 1 ie infe- § 2. And he it further enacted hy the authority aforesaid, 1 Jackson That the justices of the Inferior Court of the county of Jack- arize/to son' or any three of them, shall, as soon as convenient, con- i?pioy tract with .some fit and proper person to fun and plainly "ef' mark the line contemplated in the aforesaid section, from rson to _, , , " . nr .. nand Malone s old store to the designated place on Madison efandrt county line, and pay such person, when such line i? com- y for it, nfeted, out of the county funds of the county of Jackson, i ' DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 25th December, 1821. JOHN CLARK, Governor, 1*0.288.3 AN ACT to amend an Act, to alter and amend an Act, " to alter and fix on the time of holding the Superior ' and Inferior Courts in the several Judicial Circuits in this State," passed the 14th day of December, 1819, ; so far as respects the Southern Judicial Circuit; and Q to alter and amend an Act " to organize the Counties of Early, Irwin, and Appling," passed the 21 st day of December, 1819, so far as respects the duties of the Commissioners of Early County, § 1 .Be it enacted by the Senate and House of Repre- Commi* sentatives of the State of Georgia, in General Assembly Early1",f met, and by the authority of the same, That the commis- Coumyau sioners named in said act, or a majority of them, are hereby ©n a'lnT^ " authorized and required tp obtain by lease or otherwise for fm the county's use, whatever quantity of land may appear to wi it p 'to them to be necessary to erect some temporary buildings for piii'atiy,m the use of the county, for holding the Superior and Inferior p»nii<- Courts in, and for the transaction of such other county busi- r", /"uin ness as is performed at the court-houses, which shall be held &r and considered as the place for' holding courts, elections, &c.; and as soon as there be a temporary building pre- pared, and until there is a permanent site fixed on, and buildings erected for the cotfnty's use, and no longer, any law to the contrary notwithstanding. § 2. And be it further enacted hy the authority aforesaid, vwn th That so soon as said commissioners have made such choice faint// of a site, and have secured the privilege, that it shall be their kj.™.'* ||1,J duty to proceed to let out a house on the most economical up. /'/m principles as in their judgment will best promote the in- f/,'",8'f terest of the county; and the county is hereby declared to be bound for the amount of whatever the commissioners may stipulate for the erecting said temporary court-house. § ,3. And he it further enacted by the authority aforesaid, So s >nn i. ■That whenever there is a permanent site and suitable build- ings erected for the county's use, that it shall be the duty of said commissioners to dispose of the former to the best ad- it ism ikeri vantage, for the county's use and benefit. §'4. And-he it further enacted, That it is hereby de- cmnm*.- clared to be th'e duty of said commissioners, or a majority of w/'/Vtir them, to lay out the county into as many company districts as may appear to them to be necessary; and any one justice nyuistncn of the peace with two freeholders [are] hereby authorized to hold elections for officers for said company districts, the said justice first, giving twenty days' public notice in three of the most public places in said district; and before they ei< ni« na shall proceed to hold said elections, the two freeholders ff/w' h" .i, shall solemnly swear to hold, superintend, and return the re- and wl" suit of said election in [any] manner as the law directs, any law to the contrary notwithstanding. § 5. And he it further enacted hy the authority aforesaid, *^ekiel M Ezekiel M. Attaway be, and he is hereby appointed corn- arpohrniu missioner in the place of Richard Spann, Esq. resigned. '/X!'" § 6. And he it further enacted hy the authority aforesaid, That all laws or parts of laws militating against this act be, c!au e and the same are hereby repealed. DAVID ADAM^, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, 21st December, 1821. JOHN CLARK, Governor. * AN ACT to lay out four new Counties from the Counties l> of Houston, Twiggs, Monroe, Jones, Henry, Fayette, and Gwinnett, and to attach sdid, new Counties to the Flint Circuit. Be it enacted hy the Senate and House of Representa- Divided. tives of the State of Georgia, in General Assembly met, and it is hereby enacted hy the authority pf the same, That from and immediately after the passage of this act, Houston, Twiggs, Monroe, Jones, Henry, Fayette, and Gwinnett counties, shall be divided as hereinafter pointed out, viz. be- ginning at the Gwinnett corner on the Newton line, thence along the Hightower trail to where the Peach-tree road crosses said trail, from thence a direct line through Gwin- m COUNTIES.—1822. The boun-nett county to the lower corner von fractional lot, on the ford, shall be attached to, and form a part of, the Flint the new Chattahoochee river, No. 344, in the sixth district of said circuit. 1 - 1 ' ' , calied^De c°unty, thence down said river to the boundary line near ALLEN'.DANIEL, Kaib. Sandtown, thence along said boundary line tb the district Speaker of the House of Representatives, corner between the districts No^ 9 and 14, in the south-west MATTHEW TALBOT, corner of Newton county, on the Ocmulgee river, thence, ' . ' . ' ■ President of the Senate, along the line dividing Newton and Henry counties to the Assented to, Oth December, 1822*. ' ^ beginning corner on Hightower trail, forming one new ' JQHN' CLARK, Governor.' county, to be called De Kalb. * ; SWtJL?" i"* TKat- a" waf,' °f AN ACT to organize the Counties of De Katt, Pik, country, hereinafter pointy out, v,z. heg.nn.ng at Ws.ller's Crawford, and Bibb; and to define lite places of hold- ty, or Torrentmes ferry, on the Ocmulgee river, running a di- • A , ' • n ' • sir tt * tt rect lino, to the corner of the twelfth and thirteenth district, mS Co"£5' Co"f« f Mf»>™e, Houston,Hen. of Monroe county, on the line dividing Monroe and Houston r^and F^et,te> %nd to authorize the Commissioners counties, thence'due south to [Ichuconna] creek,, thence minted to lay off the Tovm of Macon, to lay off four down said creek to where it enters into the Ocmulgee riverAcres - in' said 7bwm for the erection of the Public thence, beginning at Waller's tor Torrenline's ferry, running Buildings in the County of Bibb; and tb add tjie down the Ocmulgee river to the moutjh of a small branch County of Newton to the Flint, Circuit. just below William W. Brown's shoals, thence a direct line. Be if enacted by the Senate and House of Representa- Two or' to the corner of the reserve, .near Mrs. Lavinia Hawkin's tives ofthe State of Georgia, and it is hereby enacted by old mill, thence down the reserve line to the corner, thence the' authority of the same, That it shall be the duty of any to the corners of lots Nos. 96 and 86, in the seventh district two or more justices of the peace, or justices of t^e Inferior ii0weia-to of Baldwin, originally, now Twiggs county, thence a direct Court, not being themselves candidates'in each of the line to Stone creek, thence down said creek until it strikes counties aforesaid, to hold.an election for the justices of the oftheMe- the dividing line of lots Nos. 108 and 107, thende a direct Inferior Court, to fill up the number that may be necessary on0'^'^ line to the Ocmulgee river, thence down said riVer to the jo make the number of five in each county, giving at. least ^en1^ To be call- mouth of [Ichuconna] creek, forming another county, to be twenty days' notice when* said election shall be held, at the tice! ed Bibb, called Bibb. ,. [places] designated'.by this act for the temporary holding f Thejwun- § 3 ..And be it further enacted, That all that tract of of the Superior Court of said counties; and "the said jus- the'county country hereiuafter pointed out, beginning at. Waller's or tices of the peace or justices of the Inferior Court, shall cer- ttename Torrentine's ferry, on the Ocmulgee river," aqd running a tify under therr hands to the Governor the persons so elect- of Monroe, "direct line' to the corner of the twelfth ^ind thirteenth dis- ed, who shall thereupon be commissioned by the Governor, tricts of Monroe, on the dividing line of Houston and and who shall hold their offices until the next election for Shallm Monroe, thence up said county line west to the centre line the justices of the Inferior Court throughout the [State], of the eleventh district of Monroe, thence up said line north, unless their office may sooner become vacated bj lawj ex- and the seventh and third districts, to the line'dividing Henry cept in the county of Pike,* in which county the following Court an and Monroe, thence said line east to "the Ocmulgee river, persons shall act as. commissioners to hoid, the election for Sifougtamt thence down said river to the beginning, arid form a county, justices of the Inferior Court of said county, viz. Willis estate,, retaining tlie name of Monroe. , Whatley, Neal Erguet, John Hammel, William Towers, pSi The boun- § 4. And be it further enacted, That all that tract of and Jonathan Bonner; who shall advertise arid hold their nev^Coun- country hereinafter pointed out, viz. beginning at the centre election's under the .same rule as is pointed out in this act sionersw ty to be line of the eleventh district of Monroe, running west on the' for the justices 6f the peace of; justices of the Inferior Courts eiS to caiiedPike. jjne d—ding Houston and Monroe to the comer of the first in the other counties. , , Tike. and sixteenth districts of Houston, thence a direct line to § '2.- And be it further enacted, That the justices of the commis- the mou]th of Big Potato creek, then up Flint river to the Inferior Courts pf each county aforesaid* or a majority of county line dividing Monroe and Fayette, then on said line themy shall be* and they are hereby appointed commissioners, p*®16 east to the centre line of , the third district pf Monroe, then to fix on a public site for the court-house and jail in their coun- - south on said line and the centre lines of the seventh and respective bounties, which shall be as near fhe centre oLthe jlX8*"4 eleventh districts of Monroe to the beginning, forming an- county ris 'con venience'. will admit, except the County of shall be other county, to be called Pike. ' ' ; . Bibb* which shall be in the town of Macon ; and the said "mre%- The boun- § 5. And be it further enacted, That all that tract of justices, or a majority of them, are hereby authorized to pur- aevTcoun-country hereinafter pointed out, beginning at the corner of chase one square or lot of land for that purpose, and shall topurcb« »y. twelfth and thirteenth districts of Monroe, thence due south be authorized to lay out a ^county town on said lot, and * 1'°^ to Ichuconna creek, thence down said creek to the district dispose of lots finder such rules and regulations as they town, line dividing the fourth and fifth districts of Houston, thence * may thinjc most conducive to the interest of said county, Except from the corner of said fourth district, a direct line touching except as before excepted, who shall have a lot of four acres ^ ^ the south-east corner of the seventh district of Houston to1 only; which shall be laid off by the commissioners of said "lotoffoo Flint river, thence up said river to the mouth of Big Potato town of Macon ; and said justices of the Inferior Court as SK in creek, thence a direct line to thp corner of the first and six- aforesaid shall, as soon as convenient,- contract for and have teenth districts of Houston on the county line, thence east erected, a court-hofise and jail for their respective counties, houses and To be eaii- on said line to the beginning, making one other county,to be •§ 3. And be it further enacted, That the said justices of said'coui- fbrd>aW~ called Crawford. the Inferior Courts of the- counties aforesaid, shall, as soon Houston. § 6. And be it further enacted, That all the balance of as practicable, lay off the said counties into captains' dis- intocsp Houston county form one other county, and retain the name, tricts, as many in their discretion as maybe proper; and jjj^to" of Houston. ( , whenever said districts may be laid off and defined, the jus- * Civil offi- § 7. And be it further enacted by the authority cforesaidY tices of the peace, or justices of the Inferior Court, or any their°com- ^at officers that may be residing in the aforesaid two of them, shall advertise and superintend the election in Two Jm- wfusions"1 newcounties shall continue in office. _ each captain's district, for two justices of the peace, giving Attached §8. Andbe it further enacted by the authority aforesaid^ fifteen days'notice thereof, who shall be commissioned by ineachi*- to the Flint tjje counties of De Kalb, Bibb, Pike, and Craw-' the Governor, to continue in office until the next election^ sow ion? Circuit. , , , ^ . .i to continu* *'*'!' v J Idoffice COUNTIES.—1822. 123 for justices of the peace throughout the State, unless their office may sooner become vacant by law. Captains § 4. And be it further enacted, That it shall be the duty fer?. IT of the justices of the peace, after they shall have been com- electtdia m^ssl0ne(i as aforesaid, to advertise iri their respective dis- -eadi dis- tricts the election of captains and subaltern officers, as re- lrict* quired by the militia laws in force in this State; the said elections to be superintended and certified, agreeably to the provisions of said militia laws. Clerks, § 5. And be it further enacted, That the justices of the Coroners, Inferior Courts in the counties aforesaid, or a majority of £ctors°Tax them, are hereby authorized and required to advertise, at ReceTver^* least fifteen days, at three or more of the most public places ty'survey- in eac^ aforesaid counties, for the election of clerks orsto be of the Superior and Inferior Courts, sheriffs, coroners, tax- €ece' collectors, receiver of tax returns of taxable property, and county surveyors, where it may be necessary to elect such Elections to officer or officers, which said elections shall be held at the pface'dhert place hereafter designated by this act; and it shall be the after duty of the Governor to commission all officers, both civil esignae. an(j military, who may be elected agreeably to the provisions of this act. ucesortke § 6" ^ furt^er enacted, That the justices of the Inferior Inferior Courts in each county aforesaid, as soon as they shaTseiect may commissioned and qualified, shall proceed to select Grand and grand and petit jurors, agreeably to the laws now in force, Jurors. regulating the drawing of grand and petit jurors. cersdhow~ § it further enacted, That whenever the militia ana when officers of each captain's district shall have been elected and Selected, commissioned, agreeably to the provisions of this act, it shall be the duty of the justices of the Inferior Courts of the counties aforesaid, to advertise the elections of field-officers of each county, giving fifteen, days' previous notice ; ,and it shall be the duty of any two or more justices of the peace of said county, to superintend the said elections, and certify the same, as required by the militia laws in force in this State. The Coun- § 8. And be it further enacted, That the counties afore- be added to said shall be added to the Flint circuit, together with the Circuit"1 county of Newton. The places § 9. And be it further enacted by the authority aforesaid, Courts,'and That the place of holding the Superior and Inferior Courts, tions16?- and for the election of county officers for the respective County counties, shall be as follows : in the county of De Kalb, at 9®cers de-the house of William Jackson; in the county of Pike, on lot number one hundred and nine, in the eighth district; in the county of Crawford, at the house of Imlay Vansciver ; in the county of Bibb, at the house of John Keener; in the county of Houston, at the house of Jacob Little ; in the county of Monroe, at the house of Henry H. Lumkin ; in the county of Fayette, at the house of John Cox ; in the county of Henry, on lot number one hundred and twenty- nine, in the seventh district of said county, fhafibetiie ^ it further enacted, That the above-named . places until places shall be the place of holding the Superior and Inferior ofetheSinfe- Courts, until the justices of the Inferior Courts of the afore- , rinr Court said counties shall have selected a place for that purpose, agree- others!0'ect ably to this act, and hav*e made such arrangements as will be in their opinion sufficient to accommodate the said courts, of which the said Inferior Courts shall give public notice. The Sur- § 11. And be it further enacted, That the surveyor of Fayette^ to Fayette county be, and he is hereby authorized to run and vidinheiine mark dividing line between the counties of De Kalb and between Gwinnett, and that the county of De Kalb defray the ex- and De" Pense of running said line; and James Whatley, surveyor of How the ^ie COXmlY ^onroe' ke' an(* hereby authorized to run other 'lines aryl mark the dividing lines between the counties of Pike, •run'and8 Crawford, Bibb, Monroe, Twiggs, Jones, and Houston, and i marked, that the counties of Pike and Crawford defray the expense penses de- e ' ' - ; § 2. And be it further enacted by the authority aforesaid, That the sevCral State-house officers are authorized to re- ceive their .lawful fees, as a compensation for their services, on each grant when granted, to be deducted out of the afore- said sum of ten dollars for each grant, any Jaw to the.con- trary notwithstanding. r- - V-' ' : • : * ALLEN DANIEL, " , Speaker of the House of, Representatives. , MATTHEW TALBOT, % , i • . President of the Senate. Assented to, December 19th, 1822. ; ' , ' . ■ JOHN CLARK, Governor. Citizens« this State allowed te take out grants to certain lauds in Wayne and Bald- win Couti- ties, on the payment of ten dollars State- house Offi- cet» alio*, ed tote- ceive their shall be tried,and punished in the, county to which the ter- io hereby added to, and declared to be a part of, the county of , Madison. •' > , . • , , DAVID ADAMS, • Speaker of the House of Representatives. • - i . < THOMAS STOCKS, . , ' . . , . President of the Senate., Assenfed to, December 17th, 1823. . , - G. M. TROUP, Governor. limits of the State. AN ACT to vest certain Fines in the Inferior. Court of N.29LJ ' , 1 . r Chatham County. Beit enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly, met, and it is ed ia the hereby enacted by the authority of the same, That from and immediately after the passage of this act, all fines imposed cUyofs, by the Superior .or Inferior Courts of the county of Chat- l^ye ham, and heretofore vested in the corporation of the city of Savannah, be,»and the same are hereby vested in the judges niein^ of the Inferior Court of Chatham county, for county pur- cSam- DAVID ADAMS, .Speaker of the House of Representatives. MATTHEW TALBOT, . President of the Senate. Assented to, December 19th, 1823. G. M. TROUP,* Governor. COUNTIES.—1823. 125 [no.2'JS.] AN ACT to alter and amend the First Section of an Act, the Governor, to continue in office until the next election for entitled An Act to lay out four new Counties, from the justices of the peace throughout the State, unless their office Counties of Houston, Twiggs, Monroe, Jones, Henry, may sooner become vacant by law. Fayette, and Gwinnett, and to attach said new Coun- § 4. And be it further enacted, That it shall be the duty of captains ties to the Flint Circuit. the justices of the peace, after they shall have been commis- taenrdn ^' n x • c *t. v. c •. j . sioned as aforesaid, to advertise, in their respective districts,cer?, wh«n \\ hereas, the sai rs s ion o e e ore-ci e ac , £or ^ e]ectjon cf captain and subaltern officers, as required be elected.- ay.ng out the count, of De Kalb ,s not sufficiently definite ^ ^ ^ in ^ ^ < J in prescribing the boundaries of the said count, ; forremedy J be superintended and certified agreeably to the provisions whereof, _ of said militia laws. ELT ■ "r ,Te § 5. And,be it further emoted, That the justices of the tSm of the Slate of Georgia, in General Assembly met and it u In/erior ^ y c or & .Qri J of ,h are hereby enacted hy the authority of the same. That from and herebT authorized and ir(?d to adver4e/at least fifteen immediately after the passing of this act, the section of the d "at three or more the m t blic lace3 in thc«<- before-rccited act shall be altered and amended so as to give ^ for t|)e of derk of (he g and Inferior to the said county of »e Kalb the following boundaries ; Cour/ sberiff ,ax co)1 receiyer of ^ returns of tax. o wit, beginning at the Gwinnett corner, on the Newton ab, and cou 3ury which 3aid election me, thence along the H.ghtower trail, to where the Peach- sba]1£e ^ ]ac/of tr Jacti lbe blic busine33 tree road crosses said trad, ftom thence a direct line through ofthe c and ft shal, b(J t|)e ^ of ,£e GoTernor to Sllall Gwinnett county, to the lower corner on fractional lot on comAission officers> botb civil and military, who may be the Chattahoochee river, number three hundred and forty- elec(ed ably t0 the provisions of this act. Oo- four, m the sixth district of said county, thence down said . 6> ^ ufirtler CTacto,; Tha, ,he justices of ,he river to the boundary line near Sandtown, thence along said Court of-'said coun, M s00n as be com. iMtJu™. boundary line to the district corner, between district number missioned and qualified, shall proceed to select grand and iSa!" nine and fourteen, on the Chattahoochee river, thence a due it . agreeably to the laws now in force regulating ' east course along the district lines of thirteen and twelve, to drawi of d and petit jurors. the corner of Newton county, on the South Ocmulgee , , And be ft further enacted, That the place of holding The Supe- river, thence along the line of Newton county, to the be- ^ Superior and Inferior Courts, and for the election ofST""" ginning corner on the Hightower trail; any law to the con- countyrofficers for the county of j)ecatur, ,hafi be held at «, trar, notwithstanding. the house of George G. Gaines, in said county. a . , . TT Tt, • § 8. And be it further enacted, That the ahove-named Speaker of the House of Representatives. , *ce sha„ be the ^,ace of holding the guperior and Inferior pK'S IHOMAS SlOCKfe, t Courts, until the commissioners of said county shall select ^inferior , v a -r. , nn, . 6 nt Senate. ap]ace for pUrp0se, agreeably to this act, and have made court. Assented to, December 20th, 1823 slfch arrangeme'„ts1as wilf be jn 'their opinion sufficient t0 ' vjovernor. accommodate the said courts, of which the said commis- nnn-i a tv- a v-tm ^ 77 . ^ , , sioners shall give notice in said county by advertisement. so.299.] AN ACT to organize the County of Decatur, and to . 9_ M u it further mactedy tbe time of hold. Tlmeof appoint Commissioners to select a temporary public site ing the Superior Courts in the county of Decatur, shall be for the County of Early. on the Monday after it is held in the county of Early. Earir'sin Ejection °f Be it enacted by the Senate and House of Representa- § 10. And be it further enacted, That the time of holding county, ^ces of the lives of the State of Georgia, in General Assembly met, the Inferior Courts in the county of Decatur, shall be on the ^ court court 'tobe and it is hereby enacted by the authority of the same, That second Monday in January and June ; Provided, this act of Early held. it shall be the duty of any two or more justices of the peace, shall not be so construed as to prevent the sheriff of Early proviso,^as not being themselves candidates in said county of Decatur, county from performing the duties of sheriff in the county of ^pEsayIe" to hold an election for five justices of the Inferior Court for Decatur, until the sheriff of that county is qualified to the county." y said county; and the justices of the peace shall certify discharge of his duties. under their hands to the Governor the persons so elected, \Vho § 11» And be it further enacted, That William Howard, Commis- shall thereupon be commissioned by the Governor, and John Dennard, Wright Sheffield, Samuel C. B. Jackson, p^ted to" H.»w long who shall hold their offices until the next election for the and Joseph Grimsley, or a majority of them, be, and they are iStiieu justices of the Inferior Court throughout the State, unless hereby appointed commissioners to fix on a temporary pub- fwnpura-e' offices. their office may sooner become vacated by law. lie site for the county of Early. Early" Commis- § 2. And be it further enacted by the authority aforesaid, § 12. And be it further enacted, That the commissioners County firTm \°h„ That Duncan Ray, William Hawthorn, Philip Pitman, John above named for the county of Early, or a majority of them, sionere^u- public sue. Sanders, and Martin Hardin, or a majority of them, shall be, are hereby authorized and required to obtain, by lease or and they are hereby appointed commissioners to fix on a otherwise, for the county's use, whatever quantity of land to place the public site for the county of Decatur, which shall be as near that may appear to them to be necessary, to erect some tern- p®,nbiJcrary the centre of the county as convenience will admit; and porarv public buildings for tbe use of the county, for hold-blliMinP,J . i . . / . i . ii . r f j t r • i r i on, to hold Tocomract said commissioners as aforesaid shall, as soon aS convenient, ing the Superior and inferior Courts in, and for the trans- command house1''and contract for and have erected a court-house and jail for said acting of such other county business as are performed at the othefpub- Jaii. county. court-houses, courts, elections, &c. ; and as soon as there i'« tusi- To lay off § 3. And be it further enacted, That the justices of the can be a temporary building prepared, and until there is a j^anent tyfnto Infer-ior Court of the county aforesaid, shall be, and they permanent site fixed on, and buildings erected for the coun- captains' are hereby authorized and required to layoff the said county ty's use, and no longer ; any law to the contrary notwith- erected on districts. Decatur jnt0 as many Captains' districts as in their dis- standing. andperma- Justices of cretion may be proper ; and whenever said districts may be § 13. And he it further enacted, That so soon as the said IhaifbeCe 3 defined, the justices of the peace or justices of commissioners have made such choice of a site, and havese- temporary elected? the Inferior Court, or two of them, shall advertise and super- cured the privilege, that it shall he their duty to proceed to intend the election in each captain's district for two justices let out the house upon the most economical principles, as in by the of the peace, giving fifteen days' notice thereof at the most their judgment will best promote the interest of the county - Sjjjjjjj9" public place in said district, who shall be commissioned by and the county is hereby declared to he hound for the amount lbeyEijaC 120 let out the building of a tempora- ry Court- bouse. The Com- missioners required to dispose of the tempo- rary build- ing when the perma- nent one shall be erected. Repealing clause. COUNTIES.—1823. of whatever the said commissioners may stipulate for the erecting the said temporary Cpurt-house. § 14. And be it further, exacted, That whenever there is a permanent site, and suitable buildings erected for the coun- ty's use, that it shall be the duty of said commissioners to dispose of the former to the best advantage; for the county's use and benefit. « » J § 15. And be it further enacted, That any law militating against this act be, and the same is hereby repealed. 1 DAVID ADAMS, , Speaker of the House of Representatives. THOMAS STOCKS, . President of the Seriate*' Absented to, December 19th, 1823. 1 G. M. TROUP, Governors Prisoners put in Mcintosh Jail, and the Inferiot Court re- fuses to pay, the ex- penses for sixty days, the Jailer shall notify the Clerk of said Court that no pri- soner, will be received after thirty days,unless the fees are paid. Repealing . clause. . an act' to authorize the Jailer of Mcintosh Coitnty to refuse to receive Prisoners from other Counties in certain cases. > Be 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' ,when any prisoner has, or shall hereafter be, put in the, Jail df Mcli> (tosh, and the Inferior Court has or, shall hereafter refuse to pay the expenses for the period of sixty days,'it shall ^and may be lawful for the said jailer'to notify the clerk of the In- ferior Court of said county, that after the expiration of thirty days, no other prisoner from said county will be received in said jail, until the expenses due by said county ire paid. 1 ; § 2. And be it further enacted, That all laws and parts of laws, so far as the same militate against this act,be, and the same are repealed. ^ - •" - , DAVID ADAMS, , Speaker of the House of Representatives, 1 ' THOMAS STOCKS,, , - , ' / President of the Senate;, Assented to, December 19th, 1^23. ; , ,G. M. TROUP, Governor, AN ACT to repeal so much of tJie second section of an tNo.30i.j < Act, entitled, An Act to organize"the Counties of Early, Irwin, and Appling, as relates to the Justices of the Inferior Court of Irwin County, to be Commissioners of the Court-house and Jail of said County ; and to ap- point the persons hereinafter named Commissioners of said Court-house and Jail. Be it enacted by the Senate and House of Representa- ^»t fives of the State of, Georgia, in General Assembly met, edsofarai and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, s'oinuch of the before-recited act as relates to the justices of the In- ferior Court of the county of Irw.in, being the commis- sioners of the court-house and jail of said county, be, and missionen. the same is Hereby repealed ; and that William Foulsom, James brum, Sella way McCally Joshua Griffin, and Alex-P«inied. ander McDaniel, be, and they are hereby appointed com- missioners of the courthouse and jail in the • county of Irwin. , j • § 2. And pe it further enacted, That the said, William The same Foulsom, James Crum, Sellaway McCall, Joshua Griffin, JEJJ and Alexander McDaniel, are hereby entitled to the same powers as the before-recited act gave, to the justices pf the thejustice* Inferior Court.of Irwin county, as commissioners of the court-house and jail of said county. DAVID ADAMS, i . Speaker of the itouse of Representatives. \ <, THOMAS STOCKS, - / President of the Senate. Assented to, December 13th, 1823. , G.' M. TROTJP, Governor. [no.30Q.] an act to define the lines between the Counties of Morgan and Newton, and to add a part of the former to the latter., ' . Be it enacted by the. Senate and House of Representa tives 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 passing of this act, all that part of Morgan county lying west of a line commencing at the point where the Jasper and Newton lines corner upon Morgan, running thence a straight course towards the eighteen mile post, on the dry line near Joseph Lain's, until it strikes'the west prong of Little River, thence running Up the south prong of said river until it strikes the Newton line, be added to and become a part of the county of Newton. § 2. And> be it further enacted, That yit shall be duty of the Inferior Court of the county of Newton to appoint some fit ^nd proper person, whose duty it shall be-to run and plainly mark the above-described line, who shall be paid for his services out of the funds of .the county bf Newton. ( § 3, And be it further enacted, That so soon as the afore- said line .shall be run and marked, as provided by the second section of this act, it shall be .held, deemed, and known asr the true line dividing the counties of Morgan arid Newton; any law to the contrary notwithstanding. ' , , , , * david adams, Speaker of the House of Representatives.^ THOMAS STOCKS. President of the Senate.! Assented to, December 19th, 1823. , g. m. troup, Governor* A certain part of Morgan County added to the County of Newton, and the lines of the same pre- scribed. The Infe- rior Court of Newton County to appoint some fit person to run and - mark the same, and pay for it. After the running of the line, it shall be the true line between the Coun- ties. Repealing clause. an act for the division of the County of Early. ' [no.302.] Be it enacted by the Senate and House of Representa- 50Wllie. fives of the State of Georgia, in General Assembly met, and Early m it is hereby enacted by the authority of the same, That from ^dividei and immediately after the passage of this act, the county of Early shall be divided as. hereafter1 pointed out, viz. begin- ning .where the district line dividing the fourteenth. and twenty-sixth districts strike the • Chattahoochee river, and continuing said district line east ito the corner of districts number ten and Seventeen, in, said county of Early, on the Irwin county line. , - § 2. And be it further enacted. That all that tract of The com- territory lying south of the line'aforesaid, belonging to .the 2/^5 county of Early, shall be called and known by the name of andnamed. Decatur county. . . ■ § 3. And be it further exacted, That all the balance of Early,county form one other qounty, and retain the name tained. of Early. , ' ; . • §4. And be it further enacted, That all civil and military Civil and officers that friay be residing iri the aforesaid counties, shall offiwRto continue in office. . v 1 offices'10' § 5. And be it further enacted, That the county of De-Decatur catur shall be attached to, and form a part of, the Southern ^fsouV circuit. . . ' - t• . f em Circuiu DAVID ADAMS, - Speaker 6f the House of Representatives. • THOMAS STOCKS, - ; „ t v i President of the Senate. Assented to, December 8th, 1823. G. M, TROUP, Governor. AN ACT toform atid lay out a new County, taken from [n°.303.] Crawford and Pike. Be 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 COUNTIES.—1824. 127 A new 1 County taken and formed out of the Counties of Crawford and Pike, and called Upson. Civil and j Military Officers to retain their offices. Upson at- tached to the Flint Circuit. and after the passing of this act, all that territory embraced by a line beginning at Flint river, in Crawford county, where the Auchumka creek enters said river, thence up said creek to the fork, thence on a straight line to the corner of Monroe and Pike counties, thence along the line dividing said counties, to the district line of the eleventh anil seventh districts, formerly in Monroe, thence west on said line to Flint river, thence down said river to the place of begin- ning, shall form and constitute a new county, called Upson. 2. And be it further enacted by the authority aforesaid, That all county officers of the civil or military, who may be included in said county, shall hold their commissions for the, same. § 3. And be it further enacted by the authority aforesaid, That the said new county shall be attached to, and form a part of, the Flint circuit. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 15th, 1824. G. M. TROUP, Governor. ^no.304.] j;Flow the bounty of \ppling diall be di- 'ided. ik'lie Couii- j of Ware /formed and „amed. 'IB Of • ivil and lD" [ilitary fficers to ,:tain Uieir Muffices, and ■ l,ie County Attached to (|(ie South- rn Circuit. Vare add- , ,ii to the "econdBri- ti-ade, Sixth division. el no.305.] . wo or aore Jus- ■ces of the eace re- aired to old elec- atis for astices of le Inferior ourt, and ' certify ie same to le Go- jraor. AN ACT to divide Appling County. Be it enacted by the Senate and House of Representa- tires 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 passage of this act, the county of Appling shall be divided as hereafter pointed out; that is, beginning on the line between Wayne and Appling counties, at the line dividing the lots five hundred and five hundred and one, in the fourth district of Appling county, running a due west course through the fifth and sixth dis- tricts of Appling county, Wtil it strikes the Irwin county line. L § 2. And be it further enacted, That all that part or ter- ritory, lying north of the line aforesaid, shall be known as the county of Appling • and the other part to be known and called by the name of Ware. § 3. And be it further enacted, That all the civil and militia officers shall be continued in office; and that the county of Ware shall be attached to, and form a part of, the Southern circuit. § 4. And be it further enacted, That the county of Ware shall be added to the second brigade of the sixth di- vision of Georgia militia. JOHN - ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President, of the Senate. Assented to, December 15th, 1824. G. M. TROUP, Governor. AN ACT to organize the Counties of Appling, Ware, Pike, and Upson, and to authorize the Justices'of the Inferior Courts of said Counties to select public Sites for said Counties; and for other purposes. Be it enacted by the Senate and House of Representa- fives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of any two or move justices of the peace, not being themselves candidates, of the counties of Ware, Ap- pling, Pike, and Upson, to hold an election for five justices of the Inferior Court for said counties, and the said justices of the peace shall certify under their hands to the Governor the persons so elected, who shall thereupon be commissioned by the Governor, and who shall hold their office until the next election for the justices of the Inferior Courts throughout the State, [unless] their office may sooner become vacated by law. § 2. And be it further enacted, That the justices of the The Jus- Inferior Courts of said counties, as soofi as elected, 6r a Se8ri°0frlIie majority of them, are hereby authorized to fix On, and pur- Com°au- chase up, lots of land, for the purpose of erecting public S2et0 sites for said counties, which shall be as near the centre of ,and*>°n said counties as convenience will admit, and (he said jus- erecfmt tices of the Inferior Courts shall, as soon as convenient, Cuffing, contract for, and h^ve erected, a court-house and iail for and 10 con- said counties. § 3. And be it further enacted, That the justices of the Authorized Inferior Courts aforesaid shall be, and they are hereby au- toVyoff thorized and required to lay off the said counties of Ware, tfe^into1"1* Appling, Pike, and Upson, into as many captains' districts CaPtains' as in their discretion may be proper; and whenever said lud jS districts may be laid off and defined, the justices of the p^eu/be peace, or the justices of the Inferior Court, or any two of f |ected,and them, shall advertise and superintend the election in each h°w' captain's district for two justices of the peace, giving fifteen days' notice thereof at the most public place in said dis- trict; who shall be commissioned by the Governor to conti- And to nue in office until the next election for justices of the peace JfiSu throughout the State, unless their office may sooner become tlie next ' vacant by law. ' SS.of § 4. And be it further enacted, That it shall be the duty The Jus- of the justices of the peace, after they shall have been com- peace*tlie missioned as aforesaid, to advertise, in their respective dis- when'com- tricts, for the election of captain and subaltern officers, as requireddto required by the militia laws in force in this State ; the said adve>-tise election to be superintended and certified agreeably to the forC Militia provisions of said militia laws: Provided, this aet shall s^iffsnot not be so construed as to prevent the sheriffs of Appling, prevented Pike, and Crawford counties, from performing the duties of forming" sheriff in the said counties, tintil the sheriffs of the counties ^eesir^" of Upsoh and. Ware are qualified to the discharge of their duties. § 5. And be it further enacted by the authority aforesaid, The Jus- That the justices of the Inferior Court in said counties, or inferior016 a majority of them, are hereby authorized and required to advertise, at least fifteen days, at three or more of the most advertise, public places in the counties, for the election of clerk of feerfdaysT" the Superior and Inferior Courts, sheriff, tax collector, re- the election ceiver of tax returns of taxable property, and county sur- officers^ veyoiq which said election shall be at the place of transact- ing [business] of those counties ; and it shall be the duty^of • the Governor to commission all officers both civil and mili- tary, who may be elected agreeably to the provisions of this act. § 6. And be it further enacted, That the justices of the The Jus- Inferior Courts of said counties, as soon as they may be inferior016 commissioned and qualified, shall proceed to select grand and petit jurors agreeable to the laws now in force regulating qualified, the drawing of grand and petit jurors. Grandltnd § 7. And be it further enacted, That the place of hold- ing the Superior and Inferior Courts of said counties, and The piace for the election of the county officers, shall be held in the courts'"! county of Ware, at the house of Jonathan Night, and in tabiished; the county of Appling at the house of Wm. Carter, junior, Sons?until until the public sites are fixed ; the Inferior Courts of Ware a^red by to be held, until altered by law, on the fourth Monday of 3W" June and December, and the Superior Courts ontheThurs- day after the same shall be held in the county of Appling. § 8. And be it further enacted, That the above-named The above shall be the places of holding the courts aforesaid, and for transacting transacting county business, until the justices aforesaid shall ^,i®hbau^i" fix upon the public sites, of which the said justices shall remain un- give notice by advertisement. 111 xaltered- § 9. And be it further enacted, That the county of Ware jy'of ware shall be added to and become a part of the Southern cir- cuit, and be added to and become a part of the second bri- em Circuit, of the sixth division. Br?gade°nd § 10. And be it further enacted, That the said justices sixth hlvi- 128 COUNTIES.—1825. dor Court or a majority of them, are authorized to contract for the be the duty of any two pr more justices of the peace of Election, 'authorized building the court-houses and jails in', said counties,'which Thomas county, not being candidates themselves, to proceed ticelo/S or buiidTng sha^ be as near centre as convenient. .' / , , , , to hold an election in said county for five justices of the In- a Court- § 11. And be it further enacted, That the place of hold; ferior C.ourt; and in like manner it shall be the duty Of and house and tbe Superior and Inferior Courts, elections for Governor, two or more of the justices of the peace in the county of Etecticjus members of Congress, and county officers in the county of Lowndes, not being candidates, to proceed to the election behoidtn. at Newnan Pike, shall be (at the. town of Newnan, until the Inferior of five justices of the Inferior Court in the said county of inferior6 Court shall, fix on a public site, for said county, agreeable Lowndes: and the said justices of the peace shall certify court shaii to the provisions of this act. ' - " under their hands to the Governor, the persons so elected, public ^site. § 12- And be it further enacted,That the: Superior and who shall thereupon be commissioned by him, and shall hold elections"0 In^er'or Courts, and elections, for all county officers, and their office until the next election for justices of the Inferior be CheidS at members to the General Assembly, Governor, and members Court throughout the State. ofeEh°Jew-t0 Congress, shall be held at the house of E. Jewett, in said § 2. And be it further enacted, That the justices of the Their 6i«. ett until the county, until the justices of the Inferior Court thereof shall Inferior Courts of the said counties of Thomas and Lowndes, ^7^ is*selected, select a public. site, agreeable to the provisions of this act. are .hereby authorized and required to advertise, at least fif- Governor,6 Times of § 13 .And be it further enacted by the authority aforesaid, teen days, at three or more of the most public, places in their^ Courtsm That the Superior Courts in the county of Upson shall be their respective counties, for the election of clerks of the JIJ®'™ Upson held on Thursday after the second Monday in April and Superior and Inferior .Courts, a sheriff, .coroner, tax col- next regu- ounty' October, and that 4he Inferior Courts of said county shall led tor, receiver, qif tax returns of taxable property, andlarelecli011 be held on Jthe second Monday in July and January. ,. couhty surveyor/ in each of-the aforesaid counties, and it Added to § 14. And be it further enacted, That the pounty of Up- shall be the duty of the Governor.to commission all officers, ■ Circuit."1 son shall be added to, and .become a part of the Flint cir- both civil and military, who are elected agreeable to the cuit. ' ' provisions of this act. ,' ' Added to § 15.. And be it further enacted, .That the bounty of Up- § 3. And, be it further enacted, That the justices of Public ofa- gade,nF?fth son shall be added to the second brigade of the fifth division the Inferior Courts, elected agreeable to the provisions of Division. 0f tbe jxiiHtia of this State. , ,' this act,sfor the counties aforesaid, as soon as they are com- ^ ei«t- JOHN ABERCROMBlE, missioned and qualified, shall proceed to select grand and Grand and ' " Speaker of the.House of Representatives, petit juries agreeable to the laws of this State regulating . ALLEN B. POWELL,,. the drawing grand and petit, juries. ed. ** , President of the Senafe. §4. And. be it further enacted, That the sheriff of Be- oidsben® Assented to, December 20th, 1824.^ , ' catur countyis hereby authorized to perform all the duties JXX ; G. M. TROUP, Governor, of sheriff iri the pounty of Thomas, as fully as if h.e were elected for the same, until a sheriff is elected, commissioned, untii^f [noi306v] AN ACT to form two new Counties from.the Counties and qualified for the said county of Thdmas. And that the ^esd of Irwin and Decatur> sheriff of Irwin county is hereby authorized to perform all and quab- _ ... 17 jT ci ' , : 'j tt > -J: Tt \ the-dutiqs of sheriff in the county of Lowndes, in like man-fied' c„S .Bei \ °f »w. i»«H * sheriff is elected for/ the said county, commis- forme* tires of the State ofGeorgia, in General AssenMy nq* and sioned Wd qualified agreeable to the provisions of 'this ait. Counties of & 6/lCtC/e by the authority of the same, That, from § 5 And be dt further enacted, That Duncari Ray, Wil- Commii- Etua"d' and/aftey pissing of this act, the seventeenth and jia^j. Forsofi, Simon Hadley, sbn. Michael 'Horn, utfSft called eighteenth districts, and such parts of the twenty-third and John H1), B b ^ ^ are hereby appoioted com. iit«4 Tbomas. nineteenth dishrictsof Decatu.-countyas lie on.the east side, missione*s t0 sefect a public site for the ciunty of Thomas, Si. of the Oaklokna i.ver, together with the thirteenth, and and t0 urcbasea lot£ lots • a new county ca e , omas. _ • • « pose the same to public sale, after giving sufficient notice, bui Lm«,Sed §,n i"d bl 1 ^erJ"aC^ A *. * ortal in such cakes ; the proceeds of such Sales oflots to » Lowndes. ,enth, eleventh twelfth, fifteenth, and sixteenth districts of be re(arned ,Q ^ £riurt of said ^ as Irwin county, form and constitute a . new county, called tbe lk«d So purchased for the public site, as a county fund. Ail Civil ; 7 l.And he it further enacted, That kll officers,. civil ' ^.d milita,rJ' rwithi" the '™i,S 7th/ ?0UntieS -of ' §' «• And lm it further enacied, That Lawrence Fol- S8 """ Thomas abd Lowndes as aforesaid, do hold their commis- s0* sion Hall, William Blair,. John J. Underwood, and Sc- Counties to sions in the same manner as it elected tor said counties. • . p,. „-ni • i • • e ties of retain their ' x a' &nd be it farther enacted Thai the new counties of Pv • McCr,a7J ' .^e hereby appointed commissioners for Lnwnda offices, $ 4- Ana oe u jurtner enacted, inai tne new, counties _ot. gelecting a public Slte in the ty of Lowndes, and that and imi.. Sir and 7'v a'e(her,fy attaC5e^ ^ John B°F. Diion, James Wilcox/Emanuel Knoles, Wil- southern circuit of this State, and to the second brigade Ham Fb, Bea3,y> be> and th a/e here^ ap. SSdSSSt and sis,h dlV1S10n o£ w . v , pointed commissioners for selecting a public site for the Hi p .i -rj. '» Tj , ' • county of Irwin, under the same rules and regulations in pea er o e ouse o epiesen a lyes. thejr regpectiVe counties of Lowndes and Irwin, as pre- i 1 p b -riJnr tiio nto scr^e^ in the foregoing section of this act, for the govern- Assented to, December 23d, 1825. * . ' Thl^an'dtith «ftdJ of lhef ... _G. M. TROUP, Governor. [ao.307.] AN'ACT to wgamm the Counties of Thomas't®4 thlgupfrior and^I^ri^cX^an^elections for'county K,"'' Lowndes, and to appoint Commumomrs to select pub- ■ officers for the counties ^ idi sbaI1 be, for tbe coun,J c„.„ f he .Sitesfor sa%d Counties and for Irwin County; and of Lowndes, at the house of Sion Hall; and for the county for other purposes. ', . , ; , 0f Thomas, at the house of Carles Kingsley; and for the Be it enacted by the Senate and House of Representatives county of Irwin, at the present or usual place of holding of the State of Georgia, in General Assembly met, and it is court^ and elections in the county of Irwin, until the'com- hereby enacted by the authority of the same, That it shall niissioners appointed by this act shall have selected public COUNTIES.—1825, 129 sites for their respective counties as aforesaid, and shall have proceeded by a written notification to inform the In- ferior Courts of their respective counties of such place and circumstance, and it shall be the duty of said justices of the Inferior Courts of said counties to advertise the same, stating the lot of land selected for the public site of their county, at least iti three of the most public places in the same; and the same shall thereafter immediately become the permanent public site of said county or counties, any law to the contrary notwithstanding. The Jus- § 8. And be it farther enacted, Th^t it shall be the duty nTerior110 of the justices of the Inferior Court of the counties of juireVto Lowndes, Thomas, and' Irwin, so soon as their commis- -et out the sion.ers have selected public sites for their respective Court- *''ourt-S °f houses and Jails, in conformity with the' provisions of this, yousesand act, to proceed with the letting out Court-houses and Jails ^ in said counties at such sites. 'f-lerks not § 9. And be it farther enacted, Th,at the clerks of the Su- keepIed perior Courts in the counties of Lowndes, Thomas, and Ir- ' tetbeffices w'n' s'la not comPeh&d to keep their offices at their re- •s curt- spective Court-houses.' ' s -ommis- § 10- And be. it farther enacted, That Duncan Ray, Ay- ienTho-for cl11bald McMillan, Paul.Colson,'Hardy Bryan, and Malcolm' ! as Cuun- Ferguson, be, and they are hereby appointed commissioners 15 ACp-de" °f the academy of the.county 6f Thomas. ' :.riinted. §11. And be it farther enacted, That the tax-collector of I»'iiiectorof Thomas county, when elected, commissioned, and qualified, j^homas agreeable to-the provisions of this act, is hereby authorized hen com- and required to call on the receivers of. the returns of tax- ^thorized property, in the counties of Irwin and DeCatur, who shall k on give hi'm fair and correct lists' of the returns of taxable pro; iwfvere of perty on the respective tax-lists^ so far as relates to Thomas '--■•'ca^urfor county ; and it shall be the duty of the tax collector of ul'jstoftax- Thomas county to, proceed to.pollqct and disburse, the same, rm r?yPic as pointed out by the tax law of this State, as in other cases. ' ' DUNCAN G. CAMPBELL, Speaker pro-tern. ,of the House of Representatives. ALLEN B. POWELL, President of the Senate. [ Assented to, December 24th, 1825. G." M. TROUP, Governor. u.S08.] kiew inty ned out -Greene. Ikes, ethorpe, trren, Han- k. ktida- AN ACT to lay out' a neu] County, to.be composed of parts of the Counties of Wilkes, Warren, Hancock, Greene, and Oglethorpe ; and to provide for the or- ganizatixm thereof Be it exacted by the Senate and 'House of Represenia- tires of the Stale- of Georgia, in General Assembly met, and it is hereby enacted by- the authority of the same, That anew county shall be laid out from the-counties'aforesaid, to be included in the following limits, to wit: .beginning at Carter's bridge on the Ogeechee,-in the county o.f Hancock, thencealong the Washington road by McFarland's store, to Wilkes county line ; thence to the mouth of Beaver dam, where it empties into William's Creek, in the county of Warren ; thence a direct line to the twelve mile post, near John Gibson's, on the road leading from Wingfield's Bridge to Powelton; thence to the residence of Francis B. Billingsr lest; thence to the mouth of Powder Creek, where it emp- ties into Little River; thence to the twelve mile-post lead- ing from Washington to Greenesbor'ough; thence to the point where the road leading from Washington to the Scull Shoals intersects the Oglethorpe county, line, near Greek's mills ; thence to the residence of William Porter, in the county of Oglethorpe ; thence a direct line to Col. Absolam Jane's ; from thence to the thirteen mile-post? near Grants- ville ; thence a direct line to Merritt's old mill; thence a direct line to Malachi Murden's; thence a direct line to John Colt's; Whence by Mrs. Moore's to Hancock County R line ; thence up the line between Greene and Hancock to Wall's old fort ; 'thence a direct line to Carter's bridge, on the Ogeechee, the beginning: the territory thus included To be call- shall form a new county, to be called Taliaferro. 'firo!dia" § 2. And be it farther enacted, That Malcolm Johnson, Commis- William Durden, Bluf'ord Bird, David Daniel, and John G. JJJHto" Roberts, be, and they are hereby Appointed commissioners, a with authority, at the expense of the new county hereby laid pmon'to out, to employ a,suitable person to run and distinctly mark ^"and'6 the lines thereof, -arid to lurnish a map of the same; and lumi'sha they shall be further authorized and empowered to fijc upon Ami to fix a public site for the public buildings, which shall be as °P a Publ'c nearly central as convenient and practicable, and shall also contract for .contract for the building of a Court-house and Jail in said ti||g0bfu"d" county ; and Until such buildings are in a State of sufficient Court- forwardness for use, the Superior and Inferior Courts of jaii!e and said county, abd all elections for county officers, shall be hulden at the house of John Bryan. §3. And be it farther enacted, That all militia officers Justices of and justice's'of the peace comprehended in said new county andPMfotia shall continue to hold their offices respectively, as if com- officers to missioned as officers thereof; and said county shall be added office!™6 to and become a part of the northern circuit, and of the se- cond .brigade of the second division of Georgia militia. § 4. And be it further enacted, That an election shall be Elections held on the first Monday in January next, at the house ofa°the lie'd said John Bryan, for five justices of the Inferior Court, for dlerks of the! Superior and Iriferior Courts and Court of Or- for Justices dinary, for a sheriff apd coroner, and for a collector of taxes, "^counT and a- receiver of tax .returns, and county surveyor. officers''^ i§ 5. And pe it further enacted, That the justices of the GramTand Inferior Court, as soon as convenient after they shall have ^lnJ^rs beep "elected and qualified, shall meet at the house of by whom said John Bryan, and, from the best information they may [°beselect- be'able. to procure, make a Selection of grand and petit jurors, and proceed to the drawing thereof, as pointed out by law, for the ensuing Superior and Inferior Courts ; and said Superior Courts shall be hojden in Said county on the Thurs- Courts day after the third Monday in February and August, and the hotdenf be Inferior Courts on the third Monday in May and No* veniher1. § 6.. And be it further enacted, That all actions now As to ac- pending iri any of the counties from which said new county In^in^tbe is taken, wherein the defendant or defendants may now be £°™^siLll included in said county, shall be transferred, together with Tanaferro all papers relating thereto, and tried in said new county ,s taken- where the defendant resides. §7. And be it further enacted, That the commissioners The Com- hereinbefore named shall have power and authority to pur- topmchase chase and receive a conveyance for a suitable tract or parcel ancd™ceeive of land for the site of the public buildings of said county, to ance of lay out" a town, and to sell and dispose of such number of |funbdcfosrit* lots, and upon such terms, as they may think proper,.for county purposes ; Provided, nevertheless, that the Inferior the info- . Court of said cpunty shall have power, and be authorized to [o0rffis?mt do and perform ail and sin^itiar the duties herein required ^r|.e0(l,ie of commissioners, which ma)1 not have been performed pre-' Commis- vious to the time that said court may be commissioned and sloners- qualified. § 8. And be it further enacted, That the tax collector £[*)rCoI~ and receiver of tax returns to be hereafter first appointed and Re- in said county of Taliaferro, shall be authorized and empow- [axTetimis ered to call upon the collectors and receivers of each and tocaiion every of the counties, from which said county of Taliaferro oncers of is taken; and to obtaih from them a list of returns made, Ooun- and the amount of taxes payable in said counties, respect- which this ively, by persons now included in the county of Taliaferro ; {^enfo'a and such tRxes shall for the next year, and henceforth, be list of re- .collected an'd accounted for as from the said new county. tu,ns' c' § 9. And be it farther enacted, That the county of 130 COUNTIES—1825, a<] dtd to Taliaferro shall be added to, and bebome a part of, the, sew § 7. And be it further enacted by the authority aforesaid, a. to « Kng.eecrd cond congressional district. : ,. /. . ... • ^ That all suits that are now pending in the Superior Court of^s sional dis- ( • > . ' DUNCAN G. CAMPBELL, • Early county, where the party or parties may reside in the inct ^ Speaker pro teytf of the House of Representatives, county of, Baker, ^hall be continued in the county of Early, . ' ALLEN B. POWELL, until the county of Baker shall' be organized arid ready to ; ' President of the Senate.' proceed to business. " ■ Assented to, December 24th, 1825. ' . v , DUNCAN. G^ CAMPBELL,, ' G. M: TROUP, Governor. Speaker pro tern* of the House of Representatives,. 1 ' ' ' ALLEN Bt POWELL, [no.309.J AN ACT to add a-'partbf tho CoyniyofTJpsontQ the 1 ' r' „ President of the benate. ; ■ : 'County of Pike. ■ , Assented to, December I2tlf, 1825.- ^ " ■" n ' , r ,7 y1' / i rr st> 1 ' . • ' ' • G. M. TROUlf, Governor. a part of JSe it enacted by the Senate and House of Representatives . \ county of the State of Georgia, in General Assembly met, and it is ' . — , . : thecounty hereby enacted by the authority of the same, -T hat from and- AN A . - . _ , ^^rftb St bounty ^haU belaid out of ,the counties of Henry and.Mon-Zr Speaker pro tern, of ttettiweof Representatrves. is to ^ beginning q« the west hank or the south ggj t, j W i' ' branch of the Oemulgee rivbr, where the «outh boundary ri«, l'fijv eftt of the Senate, of-'.the lot one' hundred"and twenty-four,, intthe eight fi •n l'if TOmm.'c - district,'of Henry county .strikes the game, and. funning M- TROUP, Governor. thence a straight fine to the south-east, corner of the lot * 1 ' . ' ' - MAnvwil*r/!nln>L4 ltl tllA fivflf fliolriot 'hP LTonVTI ru^mi'AW ifTio jj ^ /» It an, A ■ s A 7., ■ v bne hundred and seventy-pjght, in. the first district of Henry [,0.310.] an act to add apart of tUGonmly of Appligg to the thefl56. k straigj,t line .to. the comer of'.Pike .lad County- of leljair: . - Henry popplies, on the line-dividing,the counties p.f Monroe Jgg* Be it enacted-by the Senateand Housp of Representatives. 'arid! Henr^,. thence^ due south along the line' dividing1 th,e cwhty of the State of Georgia, in General Assembly met, and it fs •qQuhtiesof.Pikie' and Monroe, until, the. same strikes the Telfair.0 hereby enacted by the authority, of the same.; That frorh and south-west: corner of the lot one hundred and thirty-nine, in after the passing of this act, all thc^t pUrt of the county of, 'the third district of Monroe, county, thence due. east' until Appling lying in the sixth district be sidded to, and become tJie same strikes Sandy Creek in the1 fourteenth district of 51 nf llib omiritn nf Toirnii* nnn lnnr KnnlvnftTnAl 4 • 1 n "l _ ii - a— :i- —IaU a part of, the county of Telfair, any law to the conjtraty not- said cqunty, and down the same to its confluence with the withstanding. .DUNCAN G.CAMPBELL, Ocmulgee river, thence up 4he same and , along'the banks Speaker pro tern, of the House of Representatives, of the bibst southern branch thereof to the place of begin? ' ALLEN B. POWELL, ning; and all that part of the counties of Henry and Mon- t ' . . President t)f the Senate, *oe, comprehended within the lines aforesaid, shall form a Cal]e(j Assented to, December 24th, 1,825. . , . new bounty, to ,bp known by the name of Butts. Bum. \ r, . G. M. TR0UP,iGpyernqr.. Andbe it further enacted, That all officers, civil and cmiui ' ' , _ . ^ . . . _ . military^ who may.be/cpmprehended within the. county of 5fir O0.31I.] AN ACT far the division of the County of Early.s ■ ^u(tg, shall hold their Respective commissions in like man- «*«£ The Coun- Re it enacted by the Senate ari/d House of Kipresentdtipes ^a^ as if thqy. hail been commissioned for said county. • S dw,And be itfurther enacted by the authority aforesaid, William, Barclay, Abel Robertson^ arid John Cargill be, "etahi'the0 r^'iat a^ the balanCe pf Early county form bite other county, andtfiey are hereby appointed commissioners, with authority nameof aqd retain the name of Early. > ' , 1 ? to superintend the election of justices of the Inferior Court riviund § 4. And be it further enacted .bytfte authority (foresaid, and other county officers, and to do and perform all. other officerTto a^ C1V^ ancl military officers that may'be residing : in acts preparatory to the organization of said county of Butts, othe^ continuaia the aforesaid counties, Shall continue'iri office' until their and the'location of the public site.of-said couhty by the In- "ffice- \ pfaces are filled under the existing laws. ■ ,, ferior Court of the'same ; and that the said county- of Butts Baherdat"V § ^t fur£ier^hacted. by the authority aforesaid^ be, arid the same is hereby constituted a part of the seventh Venib c< the south- That, thp County of Baker, shall be attached to,And form a. congressional district.' . . • ■ < ' ^,'et' ein Circuit, part bf^the Southern circuit/ , . , ^ , § 6.. And be it furihet enacUd, Thaf all fines herein de- Line'j tliesSni ^ 6* Pe &fUTlhor enacted by the authority aforesaid,, scribed,not bounded by any/ormer lines heretofore run, or Jiniy Biigade011 That the county of, Bakershall be attached to form a part, by water-Courses,, shall,, sosoon- after, the,passage of this actmarke vvhain aid liuw aid. •lierilf* uUhie*er- , their UllCUOIiS. uus to be' epealing I1* ause. reasonable compensation therefor, to be paid by the said county t)f Butts ; and that until the same shall take place, and the organization hereinbefore described, the sheriffs of Henry and Monroe shall exercise their several functions; and that 90 soon as the said lines shall be run and marked as aforesaid, all writs, processes, recognisances, and other matters of what kind soever, which by law ought to be tried in either of the aforesaid counties of Monroe and Henry, and which is by this line ceded to the said county of Butts, ac- cording to tho laws now in force in this State, be, and the same is hereby transferred to the Superio/, Inferior, and other courts of said county of Butts ; and the clerks of the Superior, Inferior, and of Ordinary Courts of the counties of Henry and Monroe, are hereby directed to certify and send up the same accordingly. , §7. And be it further-enacted, That all law's and parts of laws militating against the true iptent and meaning of this act be, and the same are hereby .repealed. DUNCAN G, CAMPBELL, • Speaker pro tcm. of the House, of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825: . > * G. M. TROUP, Governor. ).3i3.] an act to organize the Counties of Baker and Early. :tion of Bb it enacted by the Senate and H&use of Bepresenta- inferiortlves °f *ke State °f Georgia, in General Assembly met, m and an^ ^ hereby enacted by the authority of the same, That Tholn it shall be the duty of any two justices of the peace and one •e held. freejip]jer)' or on(j justice and two freeholders, not being themselves candidates in said county of Baker, to hold an election for four justices of the Inferior Court for sa,id coupty, after giving fifteen days' notice at one or more of the most ehoid- public places in said coupty ; • Provided, the freeholders shall 7)7 ke take the following oath ; to wit, " I, A. B., do solemnly 3a swear, that I will faithfully and impartially superintend this day's election, and a true return thereof make to his excel- lency the Governor, agreeably to law, so help me God itionre- and said superintendents shall certify under their bands to ifi'ed to the Governor the persons so elected, who shall thereupon be "Go- " - - - - tor. commissioned by the Governor, and shall hold their office until the next election for the justices of the Inferior Cpurt throughout the State, unless their office may sooner become vacated by law. "urnis- § 2. And be it further enacted by the authority aforesaid, actV° That Lemuel Spears, Hillory Hooks, John Dennard, Samuel ■licsitl Howard, and Shadrick Wall, or a majority of them, shall be, eointed ' ... . - J . < 1 , Baker, and they are hereby appointed commissioners to select a public site for the county of Baker ; and said commissioners : as aforesaid shall, as soon as convenient, contract foj- and have erected a court-house and jail for said county. idedin6 § And be it further enacted by the authority aforesaid, r:ap- m That thejustice$ of the Inferior Court of the county afore- 1 is ami sa^ S*ia^ be' an(l they are hereby authorized and required to - rices of lay off the said county of Baker int6 as many captains' dis- Select- tricts as in their discretion maybe proper) and whenever 1 &c-' said districts may be laid off and defined, the justices of the ' peace or justices of the Inferior Court, or any. two of them, shall advertise and superintend the election in each captain's- ! district for two justices of the peace, giving fifteen days' no- i tice thereof at the most public place in said district, who I'd to be shall be commissioned" by the Governor to cdntinue in office 'ned.S until the next election throughout this State, unless their office may sooner become vacant by law. litiaOffi- § 4. And be it further enacted by the authority aforesaid, ; be That it shall be the duty of the justices of the peace, after i they shall have been commissioned as aforesaid,! to advertise in their respective districts for the election of captain and 1 subaltern officers as required by the militia laws in force in i R 2 this State, the said election to be superintended and certified r.y win n agreeably to the provisions of the said militia laws. t.Un'ied?" § 5. And be it further enacted by the authority aforesaid, r,mn(v That the justices of the Inferior Court of said county, or a majority of them, are hereby authorized and required to ad- m be vertise, at least fifteen days, at three or more of the most Lid'Vvbtm ppblic places in the county, for the election of clerks of the , Superior and Inferior Courts, sheriff, tax collector, receiver b' ii «i n of tax returns of taxable property, coroner, and county purveyor, which said election shall be held at the place oi transacting the public business of the county, and it shall be the duty of the Governor to commission all officers, both civil and military, who may be elected agreeably to the pro- visions of this act. § 6. And be it further enacted by the authority aforesaid, Giand . -i annual funds in .hand and,the annual revenue, of the said -county, ; , G. M. lHOUP, Governor. tr«v^uetof and .shall, moreover, take an oath well and truly to discharge , ' ' - " '' ■ Inferior Courts; justices of.the fieace,' coronerf a^Tall and/, ..taAoot.fee of the Chattahoochee River, to the every other person or persons who may have, or'hereafter Be it enacted by the Senate and House of Jie^presenta- Whatsfun ^Ue^Ith shall have, in his^or their hands, any money belonging to the tiyes of the State of Georgia, in, General Assembly'met, bersmnu-" county, to, pa/ the same over to thfe said county trea- arid it is hereby enacted by the authority-of the same, That of Lee. ally?"" surer on -or before' the fifteenth day of December in jbaehi aji that part'of theher*itory lately acquired,from' the Creek on failure, and every year," and on failure thereof to pay twenty per Indians, lying between the. Flint and Chattahoochee rivers, IwoenLin- pent. interest on, all sums which they, on.final settlement, immediately above-the old line of E(arly county, and known Anew ter?st. may be, in arrears' for, who shall' give a Certificate of the. , as the fifrt section, shall fotrn 6n$ county,;to be called Lpe. formedaid same directed to the clerk of tfie Inferior Court, who shall That all that part pf said territory lying between tliej^i*- .'recpive the same and receipt therefor, and shall enter the rivers, aforesaid, 'prid kpown, as the second section, shall arriount of the said certificate in a book to -be kept for that form one county, to be called Muscogee. . purpose, together with the name of, the person in" whose fau ... That- all that p,irt ©f said territory lying between said Troup, vour it is given, arid shall keep the1 same on' file .in his rivers, and known, as the third section, shall form one county, office. j , ' y( . i. ■' ' - to be called Troup.. " , 1 . ' / ' . - . Fees for a § 3. And be it further enacted^' That w,heh jany- person ' That all-'that part of said territory east of the Cha'ttahoo- Coweu. reufne^s shall apply for a taverh or retaiief's license, he sh^llpay to ch.ee,, and, known aS the fourth or upper/section, shall'-form the coikity treasurer the fees now required by-law,"arid, shall one county,;to he qallp^ Cowet/. - ' ' the'county receive from the treasurer a certificate directed to, the clerk .And that all that part-of Said;t'erritory lying West of the Carroll. Tnd^af/' as aforesaid, wh'd shall receive and enter'the same ps'above said ri^er Chattahoophee, shall form one county, to be called granta „ directed, apd grant thfc said license, which .sha^lfrspecify -the' CarrolH , - * ' . '/•" ' • • ' license. where said' 'retailing is to be-.done,' upon tine .applicant's ..That on the first Monday in May next, the persons who OntteCw giving bond and security as, required by ihw. . r 'J may hie in said counties,-thay meet together, and Under the su-hj^t° Me shall , § 4.' And he it further, enacted, That it,-shall be thpfiuty perintendence of . thjee freeholders, elect five justices ofgjjyjj 1 dera direct- of the,county treasurer to pay without delay all orders passed - the Inferior Court' for, their respective pOunties,, a clerk of ticesofae «Jdtoreta"n by Inferior Court and directed to him, provided he has the Superior arid Inferior Courf, a sheriff,jahdJ,ax^collector, the same a»'funds-so to do, and shall", upon paying the,same, take are- a'tax receiver, a cpro'ner; arid, a county surveyor. , gg' catiolu'6" ceipt upon such order, fpr his justification, ahd shall kee^ . [That !the place of election in the county of Lee shall beThefSw the same on.file in .his office., !'. ' ' '• • Pond Tpwn, or Williams's store; Jjjjj, The Trea- §' h. .Arid-be it further enacted, That -the said county Th^t the1 place of election, in the county,of Muscogee l* 'keepabodfc treasurer shall keep a, book in which he shall exhibit on the shall be at ,the hqu^e- of William -C.,C)sborn.- ' ?n"sandCt" debtor side all sums 6f ^money-paid out by him,'the time ; That the place of election' in the"county of Troup shall1,1 ^ doings. when paid, and the persons to whom paid -;' arid tipdn fre-be at the. house .of Jpseph Weaset. ^ / credit side all sums of money received .by. him, the persons ' That the place of Election in the county of Coweta shall in Coweu. ' ..from whom received, and on /what, account the same has be at the hoilse of James Caldwell:. ' • ' been' received,' Whidh book shall at alFtimeshe ppep to. tfie i1 Ahdvthat the said place of elqctipn in the county of Car- in cm* inspection of the court, or apy person interested., , roll shall be at,the Mcintosh- ReserVe,. at the house of Wil- Required "]§'&i And be U further enacted,'That' it shall be the* duty* liam 6. Wagrion., , V • , * I exhibitaan of such county treasurers to exhibit to,the grand jury at the ,; ^ § 2-. And be it further enactef That the said free- ^edefr®^. COdetai"ed? Superior Court 'first held in each year, a. statement of the holders shall certify under their hands, to the Governor-the quiredw account of county funds; containing a detailed.acpount of the several persons so elected,>who shall thereupon be .commissioned Jwtransac- an(j ahabunts of. expenditures, with, the vouchers to hold their pffices until-the next general election for'the elect* therefor, including-the 'balance, eithep way,.from'.the year like officers -throiighoiit the State, unless their offices shall prebed'mg ; and the justices of the Inferior - Court', or a be sooner vacated by law. . , - / ' v • ' majority of them,, shall fhaVe .power to issuer execution ' § 3. And b& itfurther enacted, That tfie justices of.the against such^ courity- treasurer /and his' securities for the, Inferior Court in, their respective counties, or a majority ofofVre- t amount in his J^nds, on his failing to pay ,or account there- them, shall fix the site .of the -necessary-' county.buildings as .for within ten -day* after written notice from such'justices fo they may think most Conducive to the public, interestand required® that effedti . \> ' ' ' , thejr shall have the poWer of erecting all the necessary pub- ^bUcsiu* This act / § iJAnd be itfurther enacted, That nothing" in. this act lie, buildings in their-respective counties* ' . construed . shall be so construed as to abrogate the office of trustees § 4. And' be it further enacted. That said justices, as Shall by so as^to - pf the poor school fund, created by the act approved .the so,on as'practicable, sh^ljl lay'ofr their respective counties cou^U the°office twCnty-second of December, eighteen hundred avnd twepty- into captains' districts,, and -Wbdrieyer said districts may be of thcPwr three, or, to interfere with-the academy funds of. the defined, they shall advertise, and one or more of them shall triasaj* School county, ' superintend-the election of two justices of the peace in ' ' § 8. And beit further enacted, That the Inferior, Court each Captain's district, giving fifteen days'notice thereof, shall pay to the, said treasurer such sum for his services as who shall'bp commissioned by the Governor to continue in &L' may appear to them to be reasonable and just, so as not to office, till the next election of justices of the peace through- exceed two and a half per cent; on ariy -moneys received by out the State, unless their officris be sooner vacated by law. COUNTIES.—1826. 133 Militia Offi- cere when and how to he elected. Captains to enrol all persons lia- ble to per- form duty. Field Offi- cers to be elected. Grand and Petit Jurors to be select- «d. A new Ju- dicial Cir- cuit form- ed, and to be called the Chatta- hoochee " Circuit. Pimes of lolding Courts. nDeKalb. In Fayette. In Coweta. In Carroll. In Troup. In Musco- see. ;In Lee. Inferior Courts. InDeKalb. In Fayette. In Coweta. In Carroll. In Troup. In Musco- gee. The places of holding Courts de- signated._J A part of De Kalb County added to the County of Coweta. § 5. And be it further enacted, That it shall be the duty of the justices of the peace, after they shall have been commissioned as aforesaid, to'advertise in their respective districts the election of qaptajns and subaltern officers, as required by the militia laws now in force, and said captains shall, as early.as practicable, make out a complete roll of all such persons as are liable to do piilitia duty, and return the same to their Inferipr Court. § 6. And he it further enacted, TM ,aS soon as the mir litia officers in the several districts of the said respective counties shall be elected and commissioned, it shall be the duty of the justices of the Inferior Court' t,o advertise the election of field officers for each county, giving fifteen days' previous notice; and it shall be the duty of two or more justices of the peace to superintend said elections, and certify the same as required by tjie militia laws now in force. .' §7. And he it further enacted, That,the justices of the Inferior Court for said counties, shall proceed , to elect grand and' petit jurors, agreeable to the law now in force. § 8. And he it further enacted, That the five aforemen- tioned counties, .with the counties of De Kalb and Fayette, shall form a new circuit, to be called the Chattahoochee Circuit: that as. soon as may be convenient after this act passes, there shall be elected for said circuit a judge of the Superior .Court, and £ solicitor general. That the times of. holding the1 Superior Courts in the Chattahoochee Circuit, shall be as follows : In the county of De Kalb, on thp second Monday in April and.October. In th,e county of Fayette, on the. third Monday in April and QctobCr. In the cqunty of Coweta, on the fourth Monday in June and December. ' In the county of Catroll, on the Thursday thereafter. In the county of Troup, on the Monday thereafter. In the county of Muscogee, on Thursday thereafter. In the county of Lee, on Monday thereafter. That the times of holding the Inferior Courts in the Cha,t- tahoochee circuit Shall be as follows : In the county of De Kalb, on the first Monday in June and' December. In the county of Fayette, on the second Monday in June and Pecember. .• , In thp county of Coweta, on the first Monday in August' and February. In the county of Carrdll, on the second Monday in August and February. * In the county of Troup, on the thir.d Monday of August and February. In the county of Muscogee, on the fourth Monday in'Au- gust and February. Tn the county of Lee, on the first Motoday in September and March. . • § 9. And he it further enacted, That the place of holding the Superior and Inferior Courts in the counties of Lee,. Troup, Muscogee, Coweta, and Carroll, shall be the places designated in this act for electing county officers, till.the justices of the Inferior Court shall select sites for the public buildings in the several counties. , § 1.0. And he it further enacted, That all that part of De Kalb county lying below a certain line, beginniogon the - Chattahoochee river, at the upper corner of Traction No. one hundred and thirteen, in the fourteenth district, formerly Fayette, now De Kalb, thence running along the jine oflots on the range of said district to the upper corner of lot No. one hundred and twenty-four ;u all that part of said district below said line to be added to and become a part of Coweta county. § 11. And be it further enacted> That all officers, civil and ijiilitary, residing in said cut-off", are to continue in office officers, during the time for which they were elected. SK? IRBY HUDSON, residing'... Speaker of the House of Representatives. tolf such taxes. ' ■ • about four miles belt>w where the • present line strikes it, The Tax § 2. And be it further enacted, That the several collec- runn]ng a straight directum frpm.. thence, to yvhere the pre- of the°dif- tors of taxes for the said Counties of Wilkes, Warren, Han- sent jjne crosses the Yellow ityer, bemadded to and become' Counties cock, Greene, and Oglethorpe, shall be.exonerated from a part" of the county of De Kalb. ■ ' exempted accountability from the comptroller's office for,so nihch ,pf 6 .2. And bq it f urther enacted, That it shall be the duty The inft. counts bill- the State tax as is by this law vested'in the skid cbunty of 0£ t^e justices, of the Inferior' Court of the county of Dp r0/rD^" c at lhei Taliaferro^on production of a sufficient voucher "ofhaying Kklb, to appoint some fit and proper person, whose duty it toappoim, ler'Toffice. paid such proportion according to the directions-of this afct; ^hall'be to run and plainly mark the above .described line, Ed0 * and that, the tax-collector of the said county of Taliaferro wh0 sHali be paid .for his .services out of the funds of the pMk ll'e shall be allowed until the first Monday in March next to' county of De Kalb.' ' ' • i. • \ , ' ' '' •' e' collect and account for the taxes to be-collected by him * 3"; £nd be {t further enacted, ,That 'so 'soon as'-the' under'this act and the act hereby amended, any law. to the a[,ove jjne shall be run and. marked as provided for.by this , contrary notwithstanding. , * \ utmBov • ' ■' act, it shall be held, deemed, and knou$n as the true line' ", , TT ^HUDSON,. dividing the counties of NewjOn and De'Kqlb, any lavfrto' . _ Speaker of the House of Representative^. tbe 0OTtrary notwithstanding., . . ' v .THOMAS STOCKS, ' ' " ■ 1 IRBTf,HUDSON, • ■ ' ' President of the Senate* • . Speaker of the House of Representatives. Assented to, November 30th,*1826. ,\ , - ■ THOMAS STOCKS ' - G. M. TROUP,! Governor. , ,' • _ . • ' President of the Senate. ' — ^ . Assented to,'December 26 th, i 826. . . [no.318.] AN ACT amendatoryof an Actio organize the, Coun- G. M.. TROUP, Governor. ties of Thomas and Lowndes, passed the twenty-fourth . ———' ' - ' " ■ , December, eighteenhundred arid twenty-five, so far a» AN ACT to alter, andamend an Act\passed December [no.320.] respects.the llth'Section of mid Act. ' : tuxnty fourth, eighieon hundred and twenty-five, to or^ • Preamble. ' Whoreae, thk eleventh- section makes proyislotfior .the- **** or other, papers or-things made tax returns for Irwin'county did refuse to comply with the returnable to ,thp courts heretofore he^d at Sion Hall's; provisions of the before-recited'act j . ' , shall be hereby n^ade returnable tq the hPuse of francis inferior Be it therefore enacted by the Senate and House of Heprer Roundtree. • ■ , . . ' i: , • , . • Thomaf se'ntatives of the State of Georgia, in General Assembly met, §.^. And be it further enacted.\ That the courts andA^^sl| Lownd s an<^ ^ ^ hereby enacted by the authority of the same,*That im-, elections shall be continued at the house of Francis Round- cominiie co^tfe? mediately after the passage of this act, it shall be the duty tree's, until such times as the commissioners appointed to *^erJa[n of^e justices of the Inferior Court of Thomas and Lowndes fix on the site of public buildings for said counties. shall sues« taxes. counties, when applied for, all the taxreserved for county have.fixed on said site, and a. court-house built thereon, afny 1 ( ' purposes .collected from the said., Thomas ,and Lowndes la^ thb contrary notwithstanding. ' v counties, in the year eighteen hundred and twenty-five. . > ; IRBY HUDSON, 1 Howacer- § 2. And bc it further tnacted, That the said justices of ' Speaker of the House of Representatives. thentaxes°f ^Inferior Court of,Irvvin.county shall make a true return ' - THOMAS STOCKS, s^'dbedi9* °r estimate of the tax; collected from each cobnty of Thbr . .. L . - u1 ' President of the Senate.. p mas and-Lowndes, in the year eighteen hundred and twbntyr Assented, to, November 30th, 1826;. - five;, and reserved for cbunty purposes, and' pay over the v . . ' . ' . - G. 'M- TROUP, Governor, samp to the, justices pf the Inferior Courts of Thomas and ' ' - ^—— k.\ • • ' _ v ' Lowndes, the sunt estimated for each ofthemsaid sums, AN ACT to add part of the County of Washingtonto [no.321.] when thus paid over as aforesaid, shall be set apart \jy the ' ., k the. County of Baldwin. said justicOs of the Inferior Courts ,of .Thomas and Lowndes. Be it knacied by the Senate andJHouse of 'Representatives a part of for their respective [county] purposes; any,law tothe con- of theSpaie, of Georgia, in General Assembly met,and it is trary notwithstanding, the same is hbreby repealed. ' ' , hereby enacted by the authority aforesaid, That immediately added » ' T t IRBY ,HUDSON,' - Yrom and after thp passing, of this act, that part of Wash- Speaker of the* House of Representatives, ington county lying between Gum" creek and Town creek ' THOMAS STOCKS,, ' shall bepomb a part of the county of Baldwin; commencing How ii* , , • * <• President of the Sen'ate. with'a line at the mouth'of Gum creek, where it empties |!une9hal1 Assented to, December 23d, 1826. ,t , • j , . f int0 the Oconee rivef, and then running up said creek to •, G. M. TROUP,' Governor, its head pr most western branch,, and from thence a straight COUNTIES.—1826. 135 line to the dividing line between the counties of Washington and Hancock, at a place known as Vinson's old field, about a quarter of a mile from the residence of John Giles, and thence on the Hancock line to Town creek ; and any ex- pense that may accrue in running of the line shall be paid by the county of Baldwin. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented .to, December 27th, 1826. G. m. Troup, Governor. lxo.322.] AN ACT to lay off and acid a part of the County of ' Dooly to the County of Pulaski. a part of • Be it enacted by the Senate and House of Representa- n.unty tives of the State of Georgia, in General Assembly met, and Pulaski'" ^iere^y enact€\d by the authority of the same, That from u as and immediately after the passage of this act, all that terri- tory, including the fourth district, and so much of the fifth and eighth districts as shall be included by a line, com- mencing at the north-west corner of. the fifth district, and running south-east through said fifth district, and thence the same course direct until said line intersects the Irwm county line, and thence said last-mentioned line to thp Oc- mulgee river, in th.e county of Dooly, be, and the same is. hereby added to* and shall be a part of, the county of Pulaski, any lavy to the contrary notwithstanding. On public § 2. And be it further enacted by the authority aforesaid, citizens'" That on all days that citizens included as aforesaid, shall be uie^fer'ry'at re(luired to attend at Hartford to perform public duty, it Hartford a .shall be lawful for tftem, attending as aforesaid, to pass free charges. °f any charge across the river- at Hartford ; and it is hereby made the duty of the Inferior Court of the county'of Pu- laski, to make the. neeessary arrangements with'the ferry- man at said river, or otherwise, as shall secure .to them the right of crossing as aforesaid, free of any charge. How and § 3. And'be it further enacted by the authority aforesaid, whosesu- That the lines as above-mentioned,.shall be tun under the enee'the superintendence °f two or more of the; justices of the In- lines shall ferior Court of said counties ; and the expenses accruing in be ran. running the same' shall be paid for by the Inferior Court of Pulaski county. The Tax. § 4. And be it further enacted by the authority aforesaidi of'Dooly That nothing in this act shall be so construed as to prevent county col the tax collector of Dooly county from collecting all taxes Let thec° which are now given in "in,said, districts included as afore- taxes. saj(j> jn Pulaski county. ah offi- § 5. And be it further enacted, by the authority aforesaid, and'Miiita- That all military officers, together with the justices of the, b^'thi^ae! PeaPe' included by this act in the county of Pulaski, shall wVuiMkir hold their offices as though this act had not been passed; thpil°ld an(* officers holding public moneys included as above, offices. the property of Dooly county, be, and they are hereby re- quired to pay the same immediately into the-hands of the In- ferior Court of said county. Repealing § 6,' And be it further enacted by the authority aforesaid, •clause. That all laws and parts of laws militating against this act, be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House' of Representatives.^ THOMAS STOCKS, President of the Senate. Assented to, December 26tb, 1826. ' . . G. M. TROUP, Governor. lxo.323.] AN ACT to regulate the trading of Merchants, Shop- keepers, and others, so far as regards the County of Liberty, and to punish those who may attempt to defeat the same. Be it enacted by the Senate and House of Representa- tines of the State of Georgia, in General Assembly met, Noj^eison and it is hereby enacted by the authority of the same, That tradTwitu from and after the passage of this act, it shall not be lawful in for any merchant, shop-keeper, or any persons whatever, to county trade with any slave or slaves, frees negroes, or mulattoes, Swn! with with or without a ticket, after sunset, or before sunrise, in °rp™a 1hout the county of Liberty. § 2. And be it further enacted by the authority aforesaid, slave, That if apy slave or slaves, free negroes or mulattoes, shall or mulatto be seen in any store, shop, or tippling-house, with any articles of sale, withul the ato*a«aid prohibited hours, it shall be sale within taken and received as evidence agamsc person or per- £dho!Js, sons owning, or person keeping the stof e, shop, or tippling- * shall be' house, of a violation of this act;. Provided, nevertheless, considered that nothing herein contained shall be So construed as to &c prevent the owner or owners of said store, shop, or tippling- Proviso, house from supplying any written order of the owner, over- seer, or manager of any such slavq or slaves, free negroes,' or mulattoes. § 3. And be it further enacted by the authority aforesaid, For a vio- That if any person or persons shall violate the before-recited lhis°actfthe act, he, she, or the.y shall, for the first offence, be fined in the j?j1set£®jnee sum of two hundred and fifty dollars, with imprisonment in imprison- the commpn jail for a period of not less than twenty days; and the for each repetition of the offence, five hundred dollars and double tae forty days' imprisonment; one-half of the before-mentioned f^son- sums to be paid to the informer, and the other half into the 'menl- treasury of the county. § 4, And be it further enacted by the authority aforesaid, a coloured That if any free negro, mulatto, or other than a white per- Eg'this" son, be guilty of breaking said law, he, she, or they shall be Eshedbe punished by whipping, at the discretion of the judges of the by wiup- Inferior Court, or any three freeholders, by the sheriff of pmg* 'said county or his deputy, and imprisonment at the discre- tion of the court, with sale of all'the goods, chattels, wares, • and merchandise found in the store, shop, or tippling-house (at th'e time of said offence), in. which said offence may have been committed, whether belonging to the delinquent or not, and the proceeds of such, sale 16 fye paid into the treasury of the county. § 5. And be it further enacted by the authority aforesaid, Repealing That all laws and parts of laws militating against this actclause< be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. - THOMAS STOCKS, President of the Senate. Assented to,'December 26th, 1826. G. M. TROUP, Governor. an act to add a pari of the County 'of'Lowndes io [no.324.] the County of Thomas. Be it enacted ■ by the Senate and House of Representa- a part of tives bf the State of Georgia, in General Assembly met, and !ye0f °un it is hereby enacted by the authority aforesaid, That from ^°dte03 and after the passing of this act, all that part of the county Thomas, of Lowndes lying in the eighth district be added to and be- come a part of the' county of Thomas ; any law to the con- trary notwithstanding.' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. an act to organize the Counties of Merriwether, [no.325-.] Troup, Harris, Talbot, Marion, and Muscogee^ Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Boai 136 ' COUNTIES—1827. Autho- on the first Monday in February next, the persons who re-' above named, , that the justicep of the Inferior Courts be County^# eiectfone0f side withih the counties of Merriwether and Tyoup may meet required to lay off their districts, and have elections only oflices> theinferiof together,and, under the superintendence of tbrjee .freeholders, where there are not k sufficient .number of those officers. Courts and elect sp many justices of the Inferior Court for. their rpr § 10. And be it further enacted, That no part ol tins This act Officers. ' spective,counties as are required law,' also a clerk of the/ act be so construed, as to turn out any officer before the time 6lruedg0 Superior and Inferior Courts, a sheriff, tax collector, receiver; expires for whiOh he was elected. _ mmqnN 2 , coroner, and county surveyor: and on the first Monday in ' of office- Februa(ry nexf,,the persons'who reside in the-"cbqnties of • Speaker oflhe ]House of Representatives. Harris, Marion; Talbot, and Muscogee, shall meet-together ■ THOMA& U Kb, in like manner, anflVlect sp many judges as. may be neqes-^ T ■' ■President o the Senate, sary to make the number required a oIref^ tax Assented ^ December 24th, l82. collector,W.eiver^-»-^^«rvW- ; JOHN FORSYTH, Governbr. The places - ^fi^^tTOe-ilfurthdr! enacted, That the plap'e of election ' —^, Sexton? in the county of Merriwefher, shall be at -the house of Hugh' AN, ACT to regulate the Trading of Merchants, Shop. [N0'326.] wethe"1* , Wj Ector, , t keeper's, and otfwrs, 80 fair, as regards the County of In Troup. In the county of Troup, at the'house of Nicholas Johnston; Glynn, and to punish those twho may attempt to defeat* in Talbot. ' Jpthe'cOunty of Talbot, at the house of Darling,R. Allen. the same. ./ ' .. m Hams-' In the county of Hams-, at the ffiouse of'Lewis Wynn. u iflclctedby the Senate and House of Representatives'^* aril a^arion. I„ the count, of Marion, at (he house of Wesley Williams. 0f the. state nd to ^ ^ of said s]ave.or sIaves, free.negro, «, muIat(o..' • . ™ aTPht a^oun,, tojn, ^ the lots asdhey may j 3 ^ le Ufarth^ enacted^ tbe autj^ty aforesaid, ri. W « !5in^ P0** ^ing fifteen days' nqtice thereof, ;whq shall Assented to, Decenqbeh 18tsh* 1827. : . JOHN XQRSYTH, Governor' . .^..fcpeape, after^ the,, have,been co,mW-sioned as aforesaid.it / Martvt.to the County of Crauford. . , c'ad a^ns s^ia^'ie theirduty to advertiseih tlreirrespective, districts . Beit enadted ,bp the'Senate and House of Represent a- ^rired to election of subaltern officers, as required by the militfy tives' of the State> of Georgia,''in General Assembly piet, Marion ronk&cUt a ^aws now 'n f°rc6; and the said captains shall, as - early, as and it is hereby enacted by the authority of the same,. That ' - ' practicable, make but'a cpmplete roll of all suph'pereohs as sp much df the counfy .of originally Mtiscpgee, lying and craw^ ■ are liable to do>militia duty, and return the Same to the Ibfe- being within the following,bounds, viz., corrfmencing at the ridr Court. , \ . cornerpf fractions Nod, 192 and 193;in the 'twenty-fourth Field Offi- § 7-_ And be it further enacted, That the judges of the district of originally Muscogee; running south until it strikes t^bedec" time„order an election for field officers,. Pajsyliga,' or Four-mi|e (^reek,''thbnce down said creek to ed. giving fifteen days'notice of the same ; and .it shall be the its junction ^vvith Flint River, be added* to, and become a . duty of two or more' magistrates to superintend said election, part of the,county'-of Crawford ; any lawT usage, or custom and certify the same, as required by the tajlitialaws now in to the contrary notwithstanding. , - force, ' ; - / ' ' IRBY HUDSON, Grand and § 8. And be itfufther enacted. That the justices for the. In-. , , Speaker of the IIouse>o'f Representatives, tobefeiect-^e."or Courts for stiid counties shall; proceed to select-grand ,A THOMAS STOCKS, ed. arid petit jurors,, agreeable to the taw now in force, . . ' .i . President.of the Senate. Officersin §,9. And b$ it further enacted, That .where there are Assented to,'December 26th, 1827. the cut-offs of any magistrates and military officers in any of th'e counties' * . - JOHN FOUSYTH, Governor. COUNTIES.—1827. 137 r *0.328.] AN ACT for the Division of the late acquired Counties of Carrol, Troup, Muscogee, and Lee, into Counties of a proper shape and size. Boundaries Be it enacted hy the Senate and House of Representatives Coumy to • of the State of Georgia, in General Assembly met, and it called is hereby enacted by the authority of the same, That so *°UP" much of tiie counties of Carrol and Troup as are contained in the following boundaries, to wit, beginning on the Ala- bama line, where the twelfth and fifteenth districts of Carrol county corner on said line, running thence east with the dividing line of said districts to the Chattahoochee river, and across said river to the north' corner of Troup county, along the line between the counties of Troup and Coweta, to the north-east corner of lot number five, in the eleventh district of Troup, thence south to the south-east corner of lot number ninety-six, in the third district of the county of Troup, thence west, across the Chattahoochee River, to the Alabama line, thence along said line to the beginning, shall form a county 'called Troup. Boundaries § 2. And be it further enacted by the authority aforesaid, That so much of the original county of Troup as is contained ' in the following boundaries, to wit, beginning at the south- east corner of lot number ninety-six, in the third district of Troup, running east to the south-east corner of lot number eighty-six, in the third district of Troup, thence a straight line to the south-east corner of lot number one hundred and ten, in the second district of Troup, thence east to the south-east corner of lot number forty-six, in the first district of Troup, thence a straight line to the north east corner of lot number one hundred and thirty-eight, in the first district of Troup, thence north to Flint river, and up said river to the original line between the counties of Coweta and Troup, thence west with said line to the north-east corner of lot number five, in the eleventh district of Troup, thence south to the beginning, shall form one other county, to be called in memory Merriwether, (in memory of General David Merriwether). navidMer- § 3. And be it further enacted, That so much of the riwether. counties of Troup and Muscogee as are contained in the ' t'the County to he called Merriwe- Cher. county, from thence up the Chattahoochee river to the be- ginning, shall form one other county, called Muscogee. § 5. And be it further enacted, . That so much of the Boundaries counties of Muscogee as lies within the following bounda- county to ries, to wit, beginning at the south-east corner of lot num- ber one hundred and ninety-three, in the seventeenth district of the county of Muscogee, thence east to Flint river, thence up said river to the boundary line of the county of Merri- wether, thence with said line to the boundary line of the county of Harris, thence southwardly along said line to the beginning, shall form one other county, called Talbot (in In memory memory of Captain Matthew Talbot, of Wilkes county). Taffiot'of* § 6. And be it further enacted, That so much of the counties of Lee and Muscogee as are contained in the fol- of the lowing boundaries, to wit, beginning in the centre of lot bewifed0 number one hundred and twenty, in the tenth Muscogee, Marion, and running southwardly along the-county line of Musco- gee, to the south-east corner of lot one hundred and thirty- six, in the thirty-second district Lee county, thence east to the upper corner of fraction number one hundred and forty- five, in the twenty-eighth Lee, on Flint river, thence up said river to the south-east corner of fraction number two hundred and eighty, in the first Muscogee, thence vvijth the county line of Talbot to the beginning, form one other county, to be called Marion (in memory of General Francis Marion), memory § 7. And be it. further enacted, That all laws and parts Francis6'31 of laws militating against this act be, and the same are Marion- hereby repealed. IRBY HUDSON^ Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1827. JOHN FORSYTH, Governor. ofthe 31168 following boundaries, to wit, beginning at the south-east be caiied° corner of lot number one hundred* and ten, in the second Harris, Gf Troup, thence a straight line to the north-east corner of lot number two hundred and ninety-four, in the twenty-se- cond district of Muscogee county, thence south to the south- east corner of lot number one hundred and ninety-three, in the seventeenth district, thence west on the district line of ten and seventeen, and nine and eighteen, along the same to the Chattahoochee, thence up the Chattahoochee river to the south-west corner of fraction three hundred and eighteen, in the fifth district of Troup,' thence east to south-east corner of lot number eighty-six, in the third of Troup, thence a straight line to the beginning, and shall form a county to in memory be called Harris (in memory of Charles Harris, of the city Charles c a N v J J Harris of ol Savannah). Boundaries § 4* ^ further enacted, That so much of the ofthe counties of Muscogee and Lee as are contained in the fol- he'ca'ied0 lowing boundaries, to wit, beginning at the. south-west .Muscogee, corner of fraction number one hundred and twelve, on the Chattahoochee river, thence on the district line dividing the eighth and nineteenth districts of Muscogee, running an easterly course along said district line to the centre of frac- tion number one hundred and twenty, in the tenth district of Muscogee county, thence southwardly down the centre of that range of lots to the fifth district line, thence down the dividing line between numbers one hundred and twenty- eight and one hundred and twenty-nine, to the south-east corner of lot number one hundred and thirty-six, in the thirty-second district of Lee county, thence westwardly along the eastern line of that range of lots to the north-west, corner of fraction three hundred and forty-five, on the Chattahoochee river, in the twenty-second district of Lee AN ACT to add a part of the County of Dooly to the County of Lee. Be it enacted.by the Senate and House of Representa- tives 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 passing of this act, all that part of the county of Dooly lying south and west of a line commencing a,t the mouth of Swift creek, at its junction with Flint river, thence a direct line to the south-east corner of district hum- ber sixteen, on the Irwin county line, and thence on the Irwin county line to its intersection with the Baker county line, on Flint river, shall be added to the county of Lee. § 2. And be it farther enacted, That John Richardson, William Posey, and John B. Coleman, be, and they are hereby appointed commissioners to superintend the running and laying off said line. § 3. And be it farther enacted, That all peace-officers who shall be cut off and added to the county of Lee, shall hold their offices in the said county of Lee, during the term for which they were selected. § 4. And be it farther enacted, That all expenses which may be incurred in running and designating said line, shall be paid by the county of Lee. § 5. And be it farther enacted, That all laws and parts of laws militating against this act be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. [NO.329.] A part of Dooly County added to Lee. Commit- sioners to run the line appointed. Officers in the cut-off to retain their offices. Expenses to be paid by Lee County. Repealing clause. AN ACT to add a part of the County of Hancock to f«o.330.j the County of Taliaferro. Be it enacted by the Senate and House of Representa- 138 counties.—1828. A part of tives of the State of Georgia, in General Assembly met, of the second brigade and ninth division of the militia of mdisccom County11 and it is hereby enacted by the authority aforesaid, That im- this State. - NinthDW a;'<]ed t° mediately from and after the passing of this act, that part IRBY HUDSON, ,ion- i aiiaferro. Hancock county lying north of the following line shall Speaker of the House of Representatives, be added to, and become a part of the county of Taliaferro ; - THOMAS, STOCKS, commencing where the line, taking off a part of Greene President of the Senate. • county, intersects the Greenesborough road, leading to Pow- Assented to, December 20th, 1828. elton, below Wall's old fort, thence down said road to the • JOHN FORSYTH, Governor. old store-house of Johnston and Hines, thence to Rudisill's 1 Mill, on Powell's creek, thence down said creek to its AN ACT to attach fraction- number three hundred and [no.333.j junction with the Ogeechee river; and any expenses that eight, and lot three hundred mid seven, in the sixth may accrue in running the line shall be paid by the county district of Gwinnett .County, to the County of De of Taliaferro, . jraTu IRBY HUDSON, • ' Jrr Speaker of the House of Representatives. enacted hp tie Senate and House of Representatives a F,,«r THOMAS STOCKS °fthe State °f Ceorgia, in General Assembly met, and it is l0nf gw°udmy , President of the Senate, hereby enactedLy the authority tfthe same, That from and Assented to, December 19th, 1828. immediately after the passage of this act, lot number three , hundred-and seven, and fraction number three hundred and eio-ht, in the sixth district of the county of Gwinnett, whereon JOHN FORSYTH, Governor. [40.331.] an act to add a part of WilUs County to the Redford Gunn now lives, is hereby attached to and made County of Taliaferro. wMhltindhg ' The resi- Be it enacted by the Senate and House of Representa- IRBY HUDSON, William tives of the State of Georgia, iy General Assembly met, Speaker of the House of Representatives. adf'ed^to11 an^ ^ hereby ,epacted by the authority ofthe same, That THOMAS STOCKS, Taliaferro; from and after the passage of this act, the residence of President of the Senate. William Robertson, on the north side of Little river, shall Assented to, December 16th, J 828. Proviso, be added to the county of Taliaferro ; Provided, That no- JOHN FORSYTH, Governor. . thing herein contained shall be so construed as to remove, -r—>— or in any manner interfere or prejudice the claim of any ,AN ACT to lay off and add a part of the County of [no.334.] person or persons, in any case or cases now pending in the Houston to the County of Pulaski. Superior or Inferior Courts of Wilkes county, against said „ . ' , * r c ' j n j? t> * *• William Robertson, but the same shall be finally deter- BeU^ted^thcSerteandHo^eofRepresenUwef^ mined in the county of Wilkes, as though this act had not fth.e State °f f e%g""a -T7 'AssemMSL« •. " " « sg(j J 5 hereby enacted by the authority of the same, That from and ^ TP TtY TTTTTT^ON immediately after the passage of this act, all that territory, u Speaker of the Hoose of Representatives. i"c'ud;nS s"° 1"auch of the twelfth district] as' shall be in- THOMAS STOCKS ' c*a"e" m a "ne, commencing at the south-east corner of p -v . f said district, on the Ocmulgee river, and running from thence Aoc.or.frwi + n» ooa 1 qoq f6S1 en 0 e enae* up said river to the mouth of Big Indian creek, then up o, cem r >, * • « " said creek to the corners of lots Nos. 203, 204, 176, and JQHN F0&SYTH. Governor. ^ fwm tJ?ence a direct Une tQ the south.west r oon i a at ar on (he qcmutgee river, be, and the same is hereby ^divided it enacted by the Senate and House of Representatives, added to, and shall be a part of, the county of Pulaski, any ty ivi e • i]ie State of Georgia, in General Assembly met, and it is law to the contrary notwithstanding. hereby enacted by the authority ofthe same, That from and § 2. And be it further enacted, That the citizens, included citizens at- immediately after the passing of this act, the county of as aforesaid, shall be required to attend at Hartford, to per- Hartford#) Lee shall be divided as hereafter pointed out, commencing form public duty ; it shhll be lawful for them, attending as ® Line di- at the south-west corner of the third district of said County, aforesaid, to pass free of any charge across the river at Hart- to n* Tlding' ' and running a line thence due north along the original dis- ford ; and it is hereby made the duty of the Inferior Court {}aertrf*|d trict line, until the same strikes the north boundary lirte of of the county of Pulaski, to make the necessary arrange- ferry free. said county. ments with the ferryman at said river, or otherwise, as shall What part §2. And be it further enacted by the authority aforesaid, secure to them the right of crossing as aforesaid, free of the name That all that "part of the territory lying within the county charge. • of Lee. aforesaid, and east of the aforesaid line, shall retain the §3. And be it further enacted, That the lines, as above- Theifo«io name of Lee. ' mentioned, shall be run under the superintendence of twatheMppn* Randolph § 3. And be it further enacted by the authority afore- or more of the justices of the Inferior Court of said counties,of Pula8l!l' 0ffU" y 31 said, Thai all that part of the territory aforesaid, lying west of and the expenses accruing in running the same, shall be paid of johnUr the aforesaid line, shall form and compose orie other county, for by the Inferior Court of Pulaski county. Randolph to be known and called by the name of Randolph (in ho- _ § 4. Arid be it further enacted, That nothing in this act Taws» RokUs wife' — Be U enacted by the, Senate and House of Representatives Samuel k. ino.369.] AN ACT to separate and divorce Sarah Rogers and of the State of Georgia, in General Assembly met, and it is Sarah,aihi« Wiley Rogers, her husband. ' hereby enacted by the authority of the same, That from and "0irr®^i* Sarah Rn. r» •; i i i o * i u * n . immediately alter the, passage of this act, the matrimonial wLa,ldi ft? le?n*aC % l6- e.naf an i aUse "-f, ePiesen a connexion and civil contract of marriage, made between the aforesaid' Samuel K. Gates and Sarah Gates, he, ami the hereby enacted by tgauthonty of tie «.«*] I hat from and Mme herel com|)ietely.a„„„i:ed, set aside, and dissolved, after the passing of this act, the matrimonial connexion ami M fu|| an(J a|| intents and r oses, as if no , civil contract ot marriage made and entered) into between , • . . , . . . t . ' j ■ ., • i e u r> i iit'i r> i < i i ' t i. such contract had ever been made and entered into between the said Sarah Rogers and Wiley Rogers, her husband, be, tjiem and the same is hereby annulled, set aside, and dissolved, as. e,m£ And be fur(k ^ That the said Sarah The fully and effectually as if no such contract had ever been ^ js • d^|are(| fe|ne s0, Md be hencefl,rtb made or entered into between them. , , -• , , , u . ,Lof • dared a Shall be x 2 And be it further enacted That the said Sarah Ro- kn0Wn and d,st>nSm&hed -by her mdlde" "ame' that. 8 to «S held sepa- ' , ..... „ J , ' • 1 " , say, by the name of Sarah Mansun ; and that she shall not sole," and S£,r gerfand Wsley Roffers, her husoand, shall he held future jt/f > be „ ^ a tence whal t0 cb .0 b e here- as separate and dist.net persons, altogether unconnected by tfae -d Samuel R Q ^ exercutorg or assi any union or civil contract whatever, at any lime heretofore wj,h any deb|Sj dueSi or demands of her conlracling, or to ^ r en ere mo e ween t subject him or them to any suit, action,,or prosecution at law, &c- 1 Q , u * /t? , ' • on account of any of the actings or doings of the said Sarah, Speaker pro tem. of the Home of Representatives. tbat may b, her |,ereafter be done or committed ; and that RUWRLL, the said Sarah shall not be entitled to dower of or in the estate of the said Samuel K. Gates, but shall be considered as being barred, and as having forfeited the same. ~ » tsx a r THOMAS. W, MURRAY, ' < § 2, And be it further enacted,, That the said Jemima/A. d H>ni, -fa. TT: :• . .. ... m.TT ' tier hncVtnnn. 'Snail narato . Speaker of the House of Representatives. Hendetson and Majttiscm T, Henderson, h.er husband,-shall Hendetson and Mattison T, Henderson, ijer nusuaiiu, ™ j*™ M< ALLEN B. PQWELL; be held in-future as- separate and distinct persons; altogether pergon( ■ , ' ,, ■ , President of the Senate, unconnected'by any yhion or civil contract whatsoever, at Assented to, December 3d, 1325. any timri' heretofore, made, and entered into* by -or between - G. M.- TRQUP^ (Jrpvernor. th&mf.' . ' '. ' . n/rTnii^r r \ . } ( . dUncan g.campbell, [no.374.] AN ACT to -divorce* andseparate. King L, Williams SpeakerpTm tern; of the House of Representatives, . V ■■ " and Jemima, his Wife.. f ALLEN .p. pQWELL, 7, .,, -■■ , , rt •■. , _■ • • - * ' , . '. ■ . , President of the 'Senate. Kingn. Be it ejiacted by the Senate ana House of Represents . . •*. - \ " ' andJemi- tives of the State of Georgia] in General Assembly met, passed, November j, 5. , , ; \ . // . wTefS- ai!id it is hereby enacted by the authority of the sameSj That ... »' . '-T forced. from and immediately1 after the passage of this, actj the ma- AN ACT to divorce arid separate Roe Harrfc and Sarah [no.377.j . trimonial Connexion, or civil contract of marriage, made - W., his wife^ formerly Sarah W. AbefCrombie. between King L. Williams and 3emimh, his .wife^shall be'as Be it 'endcted M the Senyi'e and House of Representa- Roe Hard, fully and completely annulled, set aside, and dissolved, as. if t{ves State ff Georgia, in General. Assembly met, and $d *«* np such contract, had.ever been entered into .'between them. vit UherebyT endcted by the, authority, of tU same] That wife, dt- EedV txtmi• \U furt1ieS 'ena<*ed, That the -said 'Kin^ L. ^6rn ;and after the pa!ssing of this act; the matrimonial com T* . parate ai»d Williams rind Jemima hisvVife> shall in future be held as--^^0 0r civil contract of marriage, m&de between Roe Sons. ^ separate and distinct persons;altogether unconnected by any iiarris'and Sarah W., his Wife, iormerly', Sarah'W. Aber- • - mystical union or civil -contract, whatsoever,' heretofore -en-' c'rombie, be dissolved 'and for ever annulled. x \ ' -, ■ ' *.: * - tpred into between them. : ^ \ ; §2. And be it further, enacted, That Roe'Harris andSMbe < THOMAS W. MURRAY; , Sarah ,W. his wife, Shall in future be held and considered as paratfa^ ./ - ' Speaker.of the Ifousp of-Representatives, geparateW^ distinct persons, as to all'mjatters. relating.-to ' ' - ' V ALLEN b POWELL,. - them as husband and Wife. V - 1 - . .f . .President. pLthesSenate. '' v . . 1 DUNCAN G.- CAMPBELL, . : • • Assented to; December,3d, 1825. . ■. ,s" . > ,/ - - 1 Speaker'pro tem.\of^^the House of Representatives. G. M. TROUP, Governor; - f ALLEN B. POWELL, [no.375.] AN'ACT, to divorce Daniel Hajl ai}d Permelia Hall, Parsed, December 19th, 1825. late Permelia Boatright, and to declarg saitiMarriage, ; > ' / ! • Contract void. President of the Senate. Daniel HaU and Perme-i wife, di- on rac voi . . > . ' • AN ACT to divorce and separate James Dooly and Lu- [no.378.1 ^^fnactedty the Senate and House of Representatives, • ' •' cinda, his .wife. ' ■- of the state of Georgia,.in Gerieral Assembly met,.and it is - c- i. Vit'' j: -oy \ hereby enacted by the* authority of.the same, That the.mk . H ^ Se™f? ^ Hons*,;pf Represent* trimoniai corfnexiort and-civil contract of marriagejhade twe&of the State of Georgia,sin General Assembly^met, and Lucinda, and entered into between the'said Daniel Hall and Pdrmelia itu ^rebmamtedtu the putlonty of the. same, lhat from JyJ " Boatright;.be', !,and Uiev same' is herhby &hd immediately aftenthe paSsage;pf this act,.the matritno- , , declared Mid, set aside, and dissolved, "W Mnnexrori, Or crvrf contract pf ipamage, made between Hall; lafe Permelia completely annulled to all intents and i>urposes, as.fully' and elfectually as if no James Oooly.andLucinda, Jiis.wife, shall be as fnjly and as u J.* i. u_ j u.zl : -1; : j ... cnnftnl fit.R lv annulled, set aside, and dissolved, as if no such such contract' had been ,made ; the said contract bping ille- ^mpletely. annulled, set aside, and dissolved; gal and contrary to law, as-the said Daniel Hall 'had at the contract had_ever peen entered into between utcm. time of said marriage with the said Permelia ,Bdatriffht J 2* A«d le ^fwtheX enfcted by the authority dforesaid, another wife then in life.' • .v ' '''*^" ' That the said fames Dooly and Lucmda,his wife, shall tp parate „ snail be § 2. And be it further enacted, That the !said,; Permelia ' {^tm6 he h^ as ?n«d-.distinct persons, altogether ^ iateX Boatright b,e called and known by. her maiden name, and unconnected^by apymystical umon or cmlcontractwhatsp, ■ distinct not by the name of H411, and. thaWhis act be.construed.to ever, herbtofore entered fn^bbtween them take effect, and extend to the date of said marriage between ' ■, •.1 « ' "i ■ ' DUNCAN G. CAMPBELL, ^ the said Daniel HaR an,d ■ Permelia Boatright; any law or'' •. Speaker ^ro t^m. of itye House of Representatives, usage to the contrary notwithstanding. , ' • . '« ■ •' r ^ ALLEN B.. POW.ELL, .THOMAS W.MURRAY,- ^ , v o ' '• v* - t President of the Senate.; Speaker of the House of Representatives. -^asse^i December. 19th, 182o.,' . , ALLEN B. POWELL', ' ' , President of the Seriate. AN ACT to Separate and divorce ~Elim$eih Hubbard [no,37?.] Assented to, December 3d, 1825./' 1 . i .'V, i and Caswell Hubbard,h!er husband. ' : . * ' G. M, TROUp, Governor. Be it enacted by the .Seriate and House, bfRepresenta- ERaM* , 1 a'\t a fit , , ' \ •. .7 j. ' . • a v v - >tives of the State of Georgia, ^General Assembly met, andS S [no.376.} AN ACT to separate mid divorce Jemima A. Hender- ^ hereby enacted hip the authority, of the sa>me, That son ana Mattison 1. Hertderson, her husband.-, , from arid after the passing of this act,the matrimonial con- divorcei Jemima a. v Re it enacted by the Senate arid House of Representatives nexion;or civil contract of marriage, made and entered into anddMatti- of the Slate'of Georgia, in General Assembly met, and it between.Elizabeth Hubbard and Caswell Hubbard,her hus- hu9bam'ler hereby-enacted by the authority of the same. That'from band, shall be, rind is hereby completely annulled, set aside, divorced, and after the passing of this act, the matririionial connekiori, and dissolved, as fully and effectually as if no such coritract or civil'contract of marriage, made and entered into between had ever been made and entered ipto between them.' Jemima A. Henderson arid .Mattison T. Heriderson, her : § 2. Arid be it furtherenactef, That the said Elizabeth shafi(Jw. husband, shall be, and is hereby completely annulled, set' Hubbard and Caswell Hubbardr her. husband, shall be held JSe*d aside, and dissolved,1 as fully and effectually as if no such in future as separate arid, distinct persons, altogether uricon- DIVORCES. 147 nected by any union or civil contract whatsoever, at anytime heretofore made and entered into by or between them. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN EL PO\yELL, President of the Senate. Assented to, December 3d, 1825. G. M. TROUP? Governor. Thomas G. Duke and Louisa, his wife, di- vorced. Shall be deemed se- parate and distinct ■ persons. l>-o.$80.] AN ACT to separate and divorce Thomas G. Duke and , Louisa, his wife. 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 from and immediately after the passing of this act, the matrimonial contract, or, civil contract of marriage, made between Thomas G. Duke and Louisa, hia wife, late Louisa Webb, shall be completely annulled, set aside, and dissolved, as fully and effectually as if ho such contract had ever here-, tofore been made and entered into between them. § 2. And be it further enacted by the authority aforesaid, That- the said Thomas G. Duke and Lo,uisa Duke, late Louisa Webb, shall in future be held as separate and dis- tinct persons, altogether unconnected by any mystical union or civil contract whatsoever', at any time heretofore made, or entered into between them. THOMAS W. MURRAY, v Speaker of the House of Representatives. ALLEN B. POWELL, President pf the Senate. Assented to, November 29th, 1825. G, M. TROUP, Governor. i ^ no.381.] AN ACT to divorce Robert Ellington and Ann F. A. Ellington, his wife. ' Be 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 after the passage of this act, the matrimonial connexion, or . civil contract of marriage, heretofore existing between Robert Ellington and Ann F. A. Ellington, his wife, for- merly Ann F. A. Prior, shall be completely annulled, set" aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. ' . § 2. And be it further enacted, That the said Robert EL lington and Ann F. A. Ellington, Iris wife,^hall in future be considered as distinct and separate persons, altogether un- connected by any mystical union or civil contract whatever. DUNCAN G. CAMPBELL, Speaker pro tern, of the.House, of Representatives. ALLEN J5. POWELL, President of the. Senate. Assented to, December 12th, 1825. « G. M. TROUP, Governor. band, shall in future be held as separate and distinct persons, distinct altogether unconnected by any mystical union or civil con- perh0M- tract whatsoever, heretofore entered into between them. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 17th, 1825. G. M. TROUP, Governor. AN ACT to separate and divorce Anna Moon and James [xo.383.] Moon, her husband. Be it enacted by the Senate and House of Represcnta- Anna tives of the State of Georgia, in General Assembly met, and J!,",™ it is hereby enacted by the authority of the same, That from and after the passage of this act, the matrimonial connexion, 'VJrc< or civil contract of marriage, made and entered into between Anna Moon and James Moon, her husband, Shall be, and is hereby completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. § 2. And be it further enacted, That the said Anna Moon ^]Je|jege and James Moon, her husband, shall be held in' future as parate and separate and distinct persons, altogether unconnected by any union or civil contract whatsoever, at any tinie hereto- tore made and entered into,by or between them. . , IRBY HUDSON, Speaker of the House of Representatives. - THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. tobert EI- ington and Inn F. EI-. •ngton, dfi- |Orced. [ I hall be eemed se- arate and , istinct 1 ersons. AN ACT to separate and divorce John Ray and Mary oo.384.j Ray, his wife. Be it enacted by the Senate and House of Represen- Ray tatiyes of the State of \ Georgia, in General Assembly met, his wife, and it is hereby enacted by the authority of the same, That dlvorced from and immediately afyer the passing of this act, the ma- trimonial connexion, or civil contract of marriage entered into between John Ray and Mary Ray, his wife, late Mary Pate, shall be completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. § 2. And be it further enacted by the authority aforesaid, That the said John Ray and Mary Ray, his wife, sh?U in fa- dSct ture be held and considered as distinct persons, a?togedjer persons unconnected by any mystical union or civil cont/act what* ever. IRBY IIUZ)SON, Sp'eaker of the House of Resresentatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1826. ' .G. M. THOUP, Governor. iucy Hud- ,^>11 and harles, 1 er hus- V.and, di- ''orced. *0.382.] AN ACT to divorce and separate Lucy Hudson and Gharles Hudson, her husband. Be it Enacted by the Senate and House of Representa- tives 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 passage of this act, the matrimonial con- nexion, or civil contract of marriage, made and entered into between Lucy Hudson, formerly Lucy McGehee,and Charles Hudson, her husband, shall be completely annulled, set aside, and dissolved, as fully and as effectually to all intents and. purposes as if no such contract had ever been entered into between them. § 2. And be it further enacted by the authority aforesaid, arate^arfd That the said Lucy Hudson and Charles Hudson, her hus- i T2 t" hall be AN ACT to separate and divorce Marian Desha and George W. Desha, her lusland. Be 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 passage of this act, the matrimonial connexion, or civil contract of marriage, made between Marian Desha and George W. Desha, her husband, shall be as fully and completely rendered null and void, set aside, and dissolved, as if no such contract had ever been entered into between them. .§ 2. And be it further enacted by the authority aforesaid, That the said Marian Desha and George W. Desha, her hus- band, shall in future beheld as separate and distinct persons, [no.385.] Marian Desha and George w. her hus- band, di- vorced. Shall be deemed se- parate and distinct persons. 148 DIVORCES. un.c6np®cte(* by m mystical unibn'pr civil con, any union'or civil contract whatever, at any time heretofore , tract ofiiumiage,.heretofore entered into Between them, as made between "them. ' . though the same had never existed: ' - ' IRBY HUDSON, ' , ■ ' > ^ - IRBY.HUDSON, . ' Speaker of thdHouse of Representatives. Speaker of the Houfce of Representatives. t v THOMAS STOCKS, , . V . ' ' THOMAS STOCKS* '• ' ' ; . • President of the Senate. , ^ President ofthe Senate. -Assented to, December 26th, 1826.. 1. Assented to, December 22d, 1826.: ' , G. M. TROUP; Governor. 1 G. At; TROOP;Governor. " '' '' ■*"' ' ■:-—^ ' , r. «», " r • - ' AN,AC? to >q darate and divorce Susanndh Melson [no.389.] [no.366.] AN ACT todivorce, and separate John Smith and. ' ' and Elijah Melson, her husband* / S(trah,*his wife. ' ; '! " & enacted by the Senate arid House of Representatives ®ues™»i» sSth and V®?enacted by the Senate and Mouse of ^Representatives of theState of Georgia, in General Assembly met, and it,is a»dei^ Sarah, his -ofthe State of Georgia, in Geheral Assembly rhet, and it is hereby enacted by the authority of the sarne, .That from and J^dhu* Torwd.'" hereby enacted by, the authority of the samf„ -That from and after the-passage of .this apt* the" malriindnial' Connexion or vorwa. immediately after the pa&sage of this ^ct, the matrimonial civil, contract of marriage made and entered .into between 4 connexion orfcivil contract of marriage made between'John the said Susannah Melson and Elijah, M'elson, her husband, Smith and Sarah, his wife,, shall be as fdlly and cpihplete1y ( be, and the same is hereby annulled, set aside,'and di^solyed', annulled, set aside,'and dissolved,, a^ if ho such", contract, as fully and effectually as if no such contract had ever been had eyer been entered intp between therm made or .entered inlo. bet ween' theiri. SSefse- § 2* -And be it, further enacted, That the said John Sfnith § 2. And be it further}enacted. That- the said ^ Susannah gain* parate and and Sarah; his1 wife, shall in future be held as separate' ,and Melsbn arid Elijah iVlelson, he'r husband,, spall be" held in paraufwi {JSSS.' distinct pet-sons in law^ altogether unconnected -by- any mvs* future as .separate and, distinct, persons,,altogether, uncon- ffijg ticaf union or civil contract whatever, .heretofore entered! nected by any union or ciyil contract whatever, at any time into between therm ( 1RRY liypSQN, ' "heretofore bntered into, between them, • " "Speaker of the House of Representatives. . * ,IRBY HUDSON,'. •-< v . ' THOMAS STOCKS, 'Speakerof tbp.House of Representatives. : President of the Sedate. , - .V : THOMAS STOCKS, Assented to, December ^4^, 1826. • , ' ' ' President of the Senate. - , . G. M. TROUP, Governor. Assented, December ^7th, 1&2&. G, M. TROUP, Governor. [no.387.] AN ACT to separate and divorce Pdtsey Crockett and ^ ^r^taiit Elias Crockett, her hrnbanl. ,K , ' AN ACT ^separate and dpnrct'. Maty Gorham and t«o»l . . • • . Thomas Gorham, her, husband. . eSS&t ****"**•< Bpuseof'Reprnfrtdtives , Be it ^Kted-'iythe SenateHomeef Representative,^ >nri KUiaa fit thp. St.nfp. nf (Ip.nrwist. in fifi.nfi.fnh A ceemhJil mot ifnJ it io - . - ~ ^ ^ . ' . . v . , . Oam»M and Eliaa Crockett, tier bus- bsad, di- Voiced. Civ 1 coiuract or marriage maue ana enterea jnto net ween connexiop or civil .contract,of marriage between' the afore- Patsey Crockett.andJElia* CrocketVher' husband, be1, arid ^aid MarV Gorham (forrherly Mary Avery), .and Thomas the same is hereby completely annulled,; set aside, and dis-. Qorhanl). SWJ be completely annulled, set aside,' and dis- solved, as. fully and effectually as.if no such contract had ' ag, ful,y and' effectually as if jio such contract had Shall be deemed se- ew becnmide^d ent^eJu'to We" Ihem. ^ ever been ma/Ie and entered into between them. §?. And ie enneted, dhat the said Patsey w Aniu u YUHher enacted,- That the said Mary Got-J". S^«8nd u rn ett and E1,as Crockett, her husband,.shall {n future be ^ and Thoma^ (jorham shall in future be held as dfei S«e»* peraona. ' beld a& separate and distinct persons, altogether unconnected- ^ hnd ^pirate persons; altogether unconnected by iny ££. byfany ,rtion or.civil contract whatsoever, at any; tip?e.here- > ^ br -c^ contract whatever." . . toto^e mide and entered into between them, .. , : . IRBY HUDSON^ > ■HUDSON,. . Speaker of this House of Representatives. 4 Speaker of the House.of Representatives. J THOMAS STOCKS v , THO'M.A^ STOCKS; . - !•" v. , President of. the Senate., ' T- .'President of ihe Senate. Aientedtd.Decdmber 14th, 1,826. Assented to, L^embei' ?st,. 1-82J. '. • ^ ^ „ G. M. TROUP, Governor. • , • . G. M. TROUP, Governor., , : ^ ■ ■ . , ; V : • . AN ACT to) divorce Riley Finleyand his wife Mary [no.383.] AN ACT to separate and divorce Cordy D. Stokes and ' Finley. .. . / /-Theny Stokes^.his ivife. \ ' , Be it enacted by the Senate and House; of Represeitta-Wffi and ^ enacte^ by the Senate and House of Representatives_ tives of the State of Georgia, in General Assembly met, and Matf.w Theny, his ofthe State of Georgia, in General Assembly met, and it, is it is hereby enacted by the authority ofthe same,'. That from wl 1 wife,di- Lo^olri nnstMifA hn the ft'irihrtvitii t\f iTto astrna 'I'hof fmm rinH anil immpfllatpli)' nftftp fhfl' nnasirnr hf lliio ar>t! lino mntHrnO-- wife, , rdiced. , hereby enacted by the authority of the same, That fronj and and immediately after the;passing of, this act, the matt-irno- £ 1-nY.io/liafrnlir oflpr flip. nn«5r»iro nf tlifa' an! fhp mnfrirlrinnial nrnrn.rtnn^Yinn nr'civil p.nntrnnt nf mnrriatml mnrlp nnfl Rtl- immediately after the passage of this'act, the matrimonial nial connexion or civil contract of marriage, made and en connexion or civil Contract of ma^riasje^ made -between fered intb between Riley Finley and, Mary Finley, his,wife, Cordy D. Stokes hnd Thes^y.Stokes, shall be completely an- shall be, and .the* same is "hereby completely annulled, set' ■ nulled,,'set aside,, and dissolved!, fully as if"no such con- a^ide,' aind dissolved, as fully and effectually as if no such tract had ever heretbfore beep :made and entered into be- contract had ever , been made and entered into between tween them: - ' > them. - > ; , Shall be § 2. Arid be it further enacted, That the said Cordy D. - §,2. Arid be it further enacted by the authority aforesaid, heldte wd Stokes and Theny Stokes, his wife, shall be held in future as That.the said Riley Finley and Mary Finley, his wife, shall «*>•£• Ctinet111 separate and distinct persons, altogethet unconnected by' be held in future as separate and distinct persons, altogether ™nrt^ divorces. 149 unconnected by any union or civil contract whatsoever, at any time heretofore made and entered into by or between them, ' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUB, Governor. [no.392.] an act to separate and divorce Dennet Taylor and Cynthia Taylor, his wife. TaTor and ^ ^ enacied by the Senate and House of Representatives Cynthia"" of the State of Georgia, in General Assembly met, and it is divorced, hereby enacted by the authority of the .same,. That from and immediately after the passing of this act, the matrimonial connexion or civil contract, of marriage, made between Dennet Taylor and Cynthia Taylor, his^ \yife,'shall be com-« " pletely annulled/set aside, and dissolved, as fully and ef- fectually as if no such contract had ever heretofore been made-and entered into between them, heid as se- § & farther enacted by the authority aforesaid, pa rate and That the said Dennet Taylor tmd Cynthia Taylor shall in persons. future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatso- ever, at any time heretofore made or entered into between them. IRBY HUDSON, ■ Speaker of the House of Representatives, THOMAS STQCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. [no.393.] an act to separate and divorce Hannah Norman and Sherwood Norman, her husband. Hannah Re it enacted by the Senate and House of Representatives. i ami *sher- °f~ ^tate °f Georgia, in General Assembly met, and it is ^wood, her herebu enacted- bu the authority of the same, That from and ' husband, A . c .u- . .u ' . • • 1 (divorced, after the passing of this act, the matrimonial connexion or j civil contract of marriage between the aforesaid Hannah ( Norman" (formerly Hannah Andrews) and Thohfias Nor- man, shall be completely annulled, set aside, and dissolved, ! as fully and effectually as if no such contract had ever been f made or entered into between them. < , shall be § 2. And be it further enacted by the authority aforesaid, *L"s[d«Ied That the said Hannah Norman and Sherwood Norman in Wpdialc t . anddistinct future be held as distinct and separate persons, altogether (unconnected by any mystical union' or civil contract what- , ever. IRBY HUDSON, Speaker of the House of Representatives. t ho Mas stocks* President of the Senate. Assented to, December 14th, 1826. { 4 G. M. TROUP, Governor. 1 [no.394.] an act to divorce and separate Elizabeth Palmer {formerly Elizabeth Daniel) and Elisha Palmer, her ( husband. Pieamble Whereas, the said Elizabeth Palmer.cortunenced her ac- tion in the Superior Court of Pike County, against the said Elisha Palmer, for a divorce ; and whereas, at September term, eighteen hundred and twenty-sjx, of said Superior Court, the said cause was tried by a special jury, who, after hearing the testimony, returned a verdict for an absolute di- vorce; Be it therefore enacted by the Senate and House of Re- pressntatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Elisabeth Th^t from and after the passage of this act, the civil con- SSj jjJ tract of marriage and matrimonial connexion between the Jjusba™j» said ^lizatyeth Palmer (formerly Elizabeth Daniel) and 'v°rc Elisha. Palmer shall be completely annulled, set aside, and dissolved* as fully and effectually, to all intents and pur- poses, as if no such contract had ever been' entered into by them. § 2. And be it further enacted by the authority aforesaid, The pre- That the person and prbperty of the said Elizabeth Palmer saidyEhza- shrill be free &nd exempt from the claims of said ^lisha b®lrb Palmer, in as full, complete, and ample manner as if they declared0" had never been married ; and that the said Elizabeth be, free'&c and she is hereby declared fully authorized to do and per- form all such acts and things, as she might have done as if no such contract ever had been entered into between them, any law to the contrary notwithstanding. IllBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 2j3th, 1826. G.'M. TROUP, Governor. an act to divorce and sepatate Joseph Duke and [no.395,] ■ Jane Duke, his wife. Be it enacted by the Senate and House of Representatives Joseph of the State of Georgia, in General Assembly met, and it is jaungC hereby enacted by the authority of the same, That the matri- wfe/n- monial connexion and' civil contract of union, between Joseph Duke and Jane Duke, his wife, be fully and com- pletely dissolved, as if no such civil contract of union or matrimoniaPconnexion had ever taken place between them; and they and each of them ure from henceforth declared to be single persons, and completely separated, as though they hadnever been united in the bonds of wedlock. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented tq, December 27th, i 826. G. M. TROUP, Governor. an act to separate and divorce Eliza Stone and [no.395.] Joshua Stone, her husband. „ Be it enacted by the Senate and House of Representatives Eliza stone of the State of Georgia, in General Assembly met, and it is g^her hereby enacted by the authority of the same, That from and ^sbknd, after the passage of this act, the matrimonial connexion and civil contract of marriage made and entered into between the said Eliza Stone and Joshua Stone, her husband, be, and the same is hereby annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made or entered into between therm § 2. And be it further enacted, That the said Eliza'Stone Shan be and Joshui Stone, her husband, shall be held in future as separate and distinct persons, altogether unconnected by any distinct union .or civil contract whatever, at any time heretofore en- p*'SOM' tered into between them." IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. an act to divorce Catharine Wilson ctnd John Wilson, [no.397.] her husband. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is vorced* vorced. 150 DIVORCES. Catharine hereby enacted by the authority of the same, That from and. and immediately after the vpassing'of this act,' the matrimo- and John, immediately after the passage/of this Tact, the matrimonial nial connexion, or civil contract of marriage, made, and en*. "ndWu,, h™^ ' connexion, or civil contract of marriage^-made and entered tered into -between Nancy Wright and William R. Wright, herhl£ghl' " int0' between Catharine Wilson and John Wilson, her hus- her husband, shall/be* and is "hereby completely annulled, band, di- band, shall bp, and is hereby completely annulled, seta&de, and set aside, and dissolved) as fulljf and effectually as if np and dissolved, as fully, and effectually as if no such Contract such Contract had ever been made and entered into between had ever been made and entered into betwee.fi them, V , ' thpiri., ' , siiaii be §2. And be itfurther enacted by the authority aforesaid; ' ,; / IRBY HUDSON, That the said Catharine Wilson and John'Wilson,, her hus-' ' ' ' / ; Speaker of the HPuSe of Representatives, sons- band, shall be held in future as separate and distinct persons, * .- . . ' , THOMAS STACKS, . altogether unconnected by any union 6t ciVil contract what- ' ' President of'the-Senate, soever,"at any time.heretofore made "and ehtered into be- Assented to, December;22d, J 827.' . ' . ' • tween them. - ^ ' 1 1 \ \ ,.\\ JOHN FORSYTH,'Governor. . ■ 1 . IRBY HUDSON, r. ' ' '/ ' '?• ' : Speaker of ,the House of Representatives. 'ANAGT.to separate!^ and - divorce David CaiMle and [no.401.] .. • - THOMAS STOCKS, ,v . ' \HebetQaCawdh,his wife. ' • Assented to, December. 24th, 1827. President of the Senate/ - ^ erlacted' by the Senate and House. of Representa- David^ TAItat tiA^^rmTT ^ fives of the State of Georgia, ip General Assembly met, and and r* JOHN FORSYTH, Governor. ^ hereby exacted by ike authority of the same, That 5^^' • ~'y , , •, ' '•' rrr 1 7 v, fr°.m And immediately afterthe passage'of' this act,;the'ma- vorcid. [no.398.] AN ACT to divorce and separate ThomdsWright and trimpniabconriexion, or civil contract of 'marriage, between , . '• ■ Louisa Wright, his ibife; ' ' /\, David-pawdle and Rebecca; Cawdle?;his wife,"shall be com- Thomas Be it ejiacted by the Senate and House of Representatives pletely annulled, set aside, and "dissolved,' as fully 'and ef- 'SShfa of the State of Georgia, in, General Assembly meti andit is) fectiially as if hp- such contract had' .ever been mb.de' and ' voroed' hereby enapted by the authority of the'sahie, That frondalnd" .enteredintobetweenthem.. W" " . ■ • ' VOrCe ' after the passage of this , act, the matrimonial "connexion, or < § <2, And be it furtjier, enacted^ That .the • Said David ReM civil contract of marriage,: made ah,d entered into between Cawdle and RebeCca Gawdle shall in future be held as dis- IKLt '• • Thomas fright-arid Louisa Wright, his wife, shall be, 'and tinct and separata pei-sohs, altogether unconnected by mys-pers0D8, is hereby completely annulled/set aside,^ arid dissolved,; hs'tical union-or Civil cpntract. whatever. • l /• .' fully and. effectually as"if po such contract had' ever been IRBY HUDSON, made arid entered into between them/; ' ' ... ' , ; ' / / Speaker of. the House of/Representatives. shaii be §2. And be it further enacted by the authority aforesaid, > .• 1 THOMAS^ feTO CKS, / dtotlntt That the said Thomas Wright and Louisav Wright, his .wife, / ' •• - ; President of the.Senate. < persons, shall in future beheld and considered as distinct persons, Assented to,December' 20th, 1827/ \ / ■■ ± , altogether unconnected by any nhptial union or civil ton- .' ' '■ */ JOHN FORSYTH, .Governor. - ' tract whatever. ' r 1 IRBY .HUDSON, • ■ ; ■/• ' . - ■ ' \ ' Speaker of'the House of Representatives, AN. ACT to separate-and) divorce* Sarak Boothe tznd [mo.402.] \ *. THOMAS'STOCKS, ■ - , .; v ,Witie Boothe, Jief husband. ' 1 , President of the Seriate. Be. it enacted by ifie'Senate and Houseof Representa- Sarah . Assented, to, December 24 th, 1827. ... Uves of the State of Georgia, in General Assembly met, and wS? , ■ JOHN FORSYTH,-Governor. is bSreby enacted by the authority of the same, Hhat from T; " Tr 7 't ' j ari4 bfter the pasring of this act, the matrimonial connexion,- v°r [no.399.] AN ACT'to divorce dna separate) Hannah Irvirt ana,! or civil contract of marriage, between, the aforesaid- Sarkh Charlesfryip, Tie? husbdgd. / 1 s; Boothe.arid Wilie.Bopthe,shall be completely annulled, set Hannah^ . Be it enacted by the Senate ahd House' of Representatives aside, and dissolved, as ifully and effectually as if no such- Charles,' of the State of Georgia^, in General Assemblymet, and it is "contract had , ever/been -made and entered - into between • band1^dl-^'■ hereby enacted by the authority of tjie same,^That^\from .and them. •' v ' \ vorce'd.. immediately after the passing of this act, thp- matrimonial •§ 2. And be it further enacted, by the authority aforesaidr Held here- ' connexion,1 or civil .contract of marriagei,' made between "That the said Sarah and Wilie.shall in future be held as '^e--Snwpet-* Hannah Irviri and Charles Ivin, her husbarid, sha|l be) and is parate and 'dislinct persons," altogether unconnected by any80DS-. . completely annulled, set 'aside/ and dissolved, as fully and mystical union or ci/il contract whatsoever, heretofore en<- effectually as if no such contract had ^verberin made arid tered .into''between the:m>. " . entered intobet\Veeri them. -.) • . , " ' \x ^ ' / / - • " ■ •',/i - . SIRBY HUDSON, shall be ^ 2,-And be it further enacted, That the said Hannah ' ' ' . Speaker of "the House of Representatives, parate ^ Irviri and Charles Irviri, her husbahd, shall in futurP be held- ' - / • ' ' " . THOMAS.STOCKS,- pereops. as separate.and distinct persons/ altogether unconnected by ' - ; . / ' President of the Seriate: any mysticalNuriion or civil'contract whatever, ,at any time Assented to, December 20th, 1827. . ' : . heretofore made or enteted into between them. / ■ . JOHN FORSYTH, Goveriior. ; . ' • * IRBY HUDSON, ' -/ ' ----- ■. / /"•' , •' Speaker of the House of Representatives., AN ACT to separate arid divarte William 31. Chant- [no.4D3.] ) THOMAS STOCKS, ' . ( _ ham arid Rachef his wife, Assented' to, December^Slst, 1827. President of the Senate. pe it enacted by the' Senate! and House of Representa- wniiamM. TOWN Vim QVTtr ^ v ' tivesj °-f fa Stat? of &orgia, in Geiperat Assembly met, and 2^"' JOHN FORSYTH, Governor. ^ h hereby enacted by the authority of the same, That from w'f«>Ra" nn^' immA/lirifnlir / AL iL. , • . XllG'i r yiAA i a at a , , J jm at -rxt . i iriiniB(Ii8itcly ^.ftcr til© pci'ssinff of this Act* the rnsitriino* vorc<^' rNo.400;] AN ACT to separate mid divorce Nancy Wright and niai connexion,or civil cpntract of marriag^'entered^^into William R, Wright, her husband,t between William M. Grantham and Rachel, his wife, late t Be it enacted by the Senate and'House of Representa-■ Rachel. Cox, shall be completely annulled, set aside, and tives of the State of Georgia, in General Assembly met, and dissolved, as fully and effectually as if ho such contract had it is hereby enacted by the authority of the same, That froiri ' ever been made and entered into between them." DIVORCES. 151 Shall be § 2. And be it further enacted by the authority aforesaid, partite"ami That the said William M. Grantham and Rachel, his wife, distinct shall in future be held and considered as distinct persons, persons. a|t0getjier unconnected by any mystical union or civil eon- . tract what9ver. Read the third time and passed, November $3d, 1829. WARREN JOURDAN, Speaker of the House of Representatives. Read the third time and passed, December 14th, 1829. THOMAS STOCKS, President of the Senate. and husband, divorced. [no.404.] AN ACT to separate dnd divorce , Mary Hare WillisHare, her husband. Mary Hare Be it enacted by the Senate and House of Representa- Hare^her'3 ilX)es °f the State of Georgia, (n General Assembly met, and jit is hereby enacted by the authority of the sarke,. That from and after the passage of this act, the marriage contract heretofore existing • and- entered into between Mary Hdre (formerly Mary JVlcGhu,) ahd Willis Hare, her husband, be, and the same is hereby dissolved ,and set aside, and that the said Mary and Willis be,' and are hereby considered se-pa- rate and distinct persons in law, as much so as if no such' contract had 6ver been entered int9 .between them. Read the third time arid passed,'December 7th, 1829. , WARREN JOURDAN, Speaker qf'the House of .Representatives. In Senate, read the third time and passed, D,eo. 17th, 1829. THOMAS STOCKS, • President of the Senate. wife, di- vorced. William Sowell and his wife Millj divorced. AN ACT to separate and divorce William Sowell and [no.407.] Milhj Sowell, his. wife. ' Be 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 dnd after the passing p.f this act, the' matrimonial connexion and civil contract of marriage made and entered into be- tween the said William SoWqII, and Milly Sowell, his wife, be, and thd same is hereby annulled, set aside, and dissolved, as fully a#d effectually as if no such contract had ever been made or entered into between-them. § 2. And be it further enacted, That the said William Sowejl and Milly Sowell his wife, shall be held in future as separate and distinct persons, altogether unconnected by any union of civil contract whatever, at any time heretofore en- tered into between them. Read the first time and passed, November 30th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. -Read tlie third time and passed, December 21st, 1829. THOMAS STOCKS, President of the Senate. Shall be deemed separate ' and distinct persons. [no.405.] AN ACT ,to separate and divorce William Gann and. Holly Gann, his ivife. William Be it enacted by the Senate and House of Representa- Pony'h^nd fives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of tjie same, That,the matrimonial connexion and civil contract-between William Gann and Polly Gann, his wife, be a? fully and completely dissolved and set aside as if no such civil contract or matri- monial connexion had' ever taken place between them ; and they-and each-of them are from henceforth declared to be, sin- gle persons, and as completely separated as though they had never been united in the bands of wedlock, any law, usage,' ' or custom to the contrary notwithstanding. Read the third time and passed, November 23d, 1829. 1 > WARREN JOURDAN, ' Speaker of the House of Representatives. Read the third time and passed, December 14th, 1829; THOMAS STOCKS, .President of the Senate. '[no.406.] AN ACT to divorce and separate Wilson Gonher and Mary Ann Conker,' his wife. > Wilson Be it enacted by the Senate.and House of Representatives !h£'wifeand of the State of Georgia, in General Assembly met, and it divorced"n tr custpm to the contrary notwithstanding. Read the third time and passed, November 21st, 1829. WARREN JOURDAN, Speaker of the House of Representatives. • Read the third time and. passed, December 21st, 1829. ; " . THOMAS STOCKS, President of the Senate. [no.408.] Cyntha McCravey and David S. her hus. band, di- vorced. Catharine Cannon and John Cannon, also di- vorced. distinet ' persons. AN ACT to separate and divorce Nathaniel L. Bostick [no.409.] arid Sarah I. Bostick, his wife. Be it enacted bif the Senate and House of Representatives Nathaniel of the State of Georgia, in General Assembly met, and it is and h?sCk hereby enacted by the authority of the same, That from and immediately after the passing of this dct, the matrimonial - '' .connexion arid civil contract of marriage, ma'de between the aforesaid Nathaniel L. Bostick and Sarah I., his wife, shall -be completely annulled, set aside, and dissolved, as if no such contract had been made and entered into between them. §2. And be it further enacted, That in future the said shaiibe -Nathaniel L. Bostick and. Sarah I., his wife, shall be deemed par^e ana and considered as separate and distinct persons, altogether unconnected by any mystical union or civil contract, at any P time heretofore made between them. Read the first time and passed, November 23d, 1829. WARREN JOURDAN, Speaker of the House of Representatives. Read the third time and passed, December 21st, 1829. THOMAS STOCKS, President of the Senate. AN ACT to separate and divorce Elizabeth Kennedy l>o.4io.] and William J. C. Kennedy, her husband. Be it enacted by the Senate and House of Representatives Elizabeth of the State of Georgia, in General Assembly met, and it is and w^ hereby enacted by the authority of the same, That from and K^Be*dy* immediately after the passage of this act, the matrimonial divorced' connexion, or civil contract of marriage, made between Eli- 152 DIVORCES.' zabeth Kennedy and William,'J* C. Kennedy, her< husband, and set.aside* as fully and effectually as if no suchdontract ■ shall be as fully and completely, rendered null and yoid, get had eyer been made and entered into between them, , * aside, and dissolved, as if no such contract'had been, entered § 2. And, be it junker enacted» That the said Seaborn . into between them. . . 1 " Williamsjand'Martha Williams shall in fdture be held as se-ParaU;4* ssmiibe. § 2. And be it enacted by the Authority aforesaid, That parate arid distinct persons, altogether unconnected by any pamt^and Elizabeth Kennedy and William J. JC. Kennedy,-hei^ hus-. union or civil contract whatever, heretofore made and entered band, shall in future be held as separate and distinct per- into betw'eefi them, ' , . sons, altogether unconnected by any mystical union or Giyil . Read the'firs;t time and passed, NcVember 12th, 1829 contract of marriage heretofofeVntered into betweenktHei4 4 •'/ y • ^VVARREN 'JOURDAN, as though the same bad never existed," ' v ^ \ v Speaker of the, House of Representative^. Read "the third time and passed,'November 23d,-1829. ■ In Seriate* fead thethird time ,and passed, Nov. 23,1829. - WARREN JOURp^VN, . '/' ' THOMAS STOCKS', .. ' • Speakerof the House of kepreseiitatiyes. .. ''*• '• ,••/• » President of the Senate. / Read fjhe third time and passed, December J 5 th, 1829. ■ 'f • , , / ' THOMAS STOCK$?:( AN ACT. to separate M.didarce Elizabeth Bryan and t*oAn,) - . . i . ' President pf the. Senate,. ,,/• El^a^ Bryan yhet'husbands • , ,. ' •; —~*T" ■ i 1 v" Be xitfiacied by the'Senate 'and House of Representatives Eiizabai {no.411.] AN ACT to separate and divorce Mafia N^son from of llie 'State o/QedrgiaJn General Assembly met, ahd it is S V Ambrose .Nelsqn; her husband. ' ' ; ^by ''enac^d'. bV''the'-#uihpr&y.\ of :tke ^omepTJiat from *£5* TOnrin^e1*' Bes 'the Senate, and Housbof Represeniu- and immediately after the passage'of this act, the niatrioip- 1 Ambrose' tives oftKe Sti\te of Georgia] in General Assembly met) and . dial contract of marriage made between Elizabeth Bryan v«ced.d!" hereby enacted by the authority efthe+dmel Thatfroih arid.Elias J*r):ari, her husband, shall be as frilly and com- .and after the passage of ihisvact, the matrimonial connexion, pletely. annulled", sdt aside'; and dissolved, as if no. such con- . k or civile'ontrapt oT ^marriage, eritered ipfo betweeri Mjaria tract had been.entered irlto between thep. ' 1 ' • Nelson and Ambrose. Nelson, her husband,' s^iall be set.aside And beit further enacted by the authority' aforesaid,®^*^ \ arid dissolved, ar^ as completely, rendered null and void as That t'|ie\said Elizabeth Bryan and,Elias^Bryap,, her hus- parate£i • if no such contract liadever been made between thein'. ' hand; shall in future be held as separate and distinct persons, dwmedse- ' .§• And be it further epacted^ That the, said' Maria'Nel-' altogether uricdnnected by any .mystical union or civil con- parate ami son and Ambrose Nelson, her husband, ^ball iiT future be helcT tract w^tsoever, heretofore entered into between them. pSna and considered as distinct persons, altogether unconnected . Read the. third 'time'and passed, November 23d, 1829. by~any union or civil contract whatever. ' ' v • ' ' , V-'- • , • s WARREN JTOURDAN, . Read thp third time, and passed, November 23 d, .1829,,-', 1 . speaker of the House of Representatives.' f " : WARREN jQURDAN, InSen,Me, rpad the third time and passCtlj Dep. 1.5, 1829. >v . Speaker of the-Hous'e of Representatives, - "".v 1 ' :. '.THOMAS s$TOCKSf* *" _ , Read'the third time and passed, December 14th, <8291 ' President of the Senate.. ' .■THOMAS STOCKS, ' —:v\ ..1 • , ; President of the S^nkte. AN AfftSto separate a,nd divorce Henry & Gaines and l"0,41^ 1 , 1 ^/ . , . ' ^ . ■ Mary GaineSj his wifey ' ■/ [no.412.] AN ACT to separate and. divorce John McDonald and Be it enacted tym Senate, and House 'pf Bepresentq-^^ , . Flora McDonald, tyswife.r . tive$ of the Stqte ofGe~orgiti,in General Assembly mttyand biswift John \Be*vt enacted by the Sen ate,and House of tfepfesentdiives tf'is hereby enacted, by the authority of the■ 5«we,-Thiat and,Flora of the State of Georgia, in General Assembly Tmet, andit is from antf immediately after the p^sage.of this act,' tiie.ma- McDona'd hereby, enacted by the authority of the same, That from and- trimonial connexion,, or civil contracUof rijarriage, made, and 1 ' immediately 'after the passing of this act, the, matrimonial' entered into heretofore between Hen^y S. Gaines and Mary, connexion, or pjvil contract of marriage, ma'deUtetweeh John his wife^ shall, be crimpletely annulled, set aside, and made McDonald and Flora'McDonald, bis wife, shall he as jfully / void, as fully,anil as effbctuaUy as if no such contract had /and -completely, annulled, set aside,, and dissolved^' as if no eyer been made and entered into between them. , . • such 'contract had ever beeri, or entered into between, 2.-And be it further enacted1, .'That 'the said Henry S. sbaiifc* , , them- , . 1 - ' ' ■ > GainesaridMary Gaines^, his wife, shall in future be held and parawut shaiiibe > § 2. -And be it further enacted by the authority aforesaid, considered as separate and distinct persons, altogether un- diBr^[ ■parateand"/That the saiA Johri McDonald and Flora McDonald, his' connected by any mystical union or civil contract, whatever, ^ distinct ^ wife, shall*in;fiiture be held .ais scparato and distinct persons,' at .any 'timh heretofor&made and entered intd between them. vsreoM- i » aitogether uncorrected, by mystical junion oy civil coni Read the third time arid ^aSscd,'December 14th, J 829, ; tract whatsoever, heretofore entered, into between therti. \ ' , WARREN J0URDAN, •' 'Read the third time arid passed, Noyetftbcr 23d, 1829. ,* > Speaker;'of the Hou?e of Representatives' 1 .. ' WARREN*' J0URHAN, . InBenath,read the third time and passed, Dec. 18 th, 1829. .Speaker of the Hpuse of Represeritatives. . , / 1 \THOM AS STOCKS, Readthe third time arid passed December 21st, 1829. . . .. President of the Senate. • /THOMAS STpCkS, ; ,-"../ -4 ' (/. / . / President of the Sena.te. AN ACT, to separate and clivprce Elizabeth Bell and Ino.M ] . . " u ' . . • Thomas iBell, her husband. , _ , [«o.4l3.] AN ACT I to divorce and separate Seabqrn Williamv and Be it enacted by the Senate and House of Bejiresenta- ' ,Martha, TVilliams, his wife. , tires of the State , of Georgia, in ,General Assembly met, ThnmM Seaborn Be it endcted by the Senate-and House of Representa- and it is hereby enacted by the authority of the same, That whhmm tives of the State of Georgiaxin General Assembly met^ and it from* phd immediately, after the passage of this act,the ma- 1 wife Mar- is herebyenacted by the authority ofthesaThe, That fromand trimortiarconnexion or civil contract of marriage, between wMd immediately after the pa^ssa^e of this act, the matrlmoriial Elizabeth Bell and Thomas Bell, her husband; shall be com- ' TW connexion, or/oivii contract of biarriage, made and.entered pletely annulled, set abidb, and dissolved, as fully and ef- into between the said Seaborn Williartis arid Martha Wil- yfec'tually as if no such contract had ever been made and en- liairis, his wife/shall 1>e, and, is hereby'annulled, dissolved, tefed into between them. . ; ■- . DIVORCES. 153 distinct persons. ?haii lie § 2. And be it further enacted, That the said Elizabeth par at ami Bel1 an(i Thomas Bell shall in future be held as distinct and separate persons, altogether unconnected by any mysti- cal union or civil contract whatever. Read the third time and passed, November 12th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, Dec. 17th, 1829. THOMAS STOCKS, President of the Senate. [no.417.] AN ACT to separate and divorce Rackacl Williamson, and her husband Lelbourn Williamson. Be it enacted by the Senate and' House of, Representa-r tives 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 passage of this act, the matrimonial con- nexion, or civil contract of marriage, made between Rachael Williamson and her husband Lelbourn Williamson, shall be as fully and completely rendered null and void, set aside, and dissolved, as if no such contract had ever been entered into between them. § 2. And be it further enacted, <$fc., That the said Ra- parateVnd chael Williamson and Lelbourn Williamson, her husband,. distinct s]lau jn futUre be held as separate and distinct persons, al- together unconnected by any union or civil contract of marriage heretofore entered into, between them, as though the same had never existed.. Read the third time and passed} November 26th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Sepate,read the third time and passed, Dec. 15th, 1829. THOMAS STOCKS, President of the Senate. Rachael William- son and Lilbourn William- son di- vorced. Shall be deemed se- and lawful form ; and whereas, the said Hamutal Johnson, alias McCollum, hath, according to the prescribed form of the constitution, sued for and obtained a verdict for a divorce from the said Joseph McCollum; and whereas, also, it is meet and just that the said marriage, or pretended marriage, between the said Joseph and Hamutal, be made null and void, and of no effect in law ; and that the said Hamutal have restored to her the name and rights which she had prior to such the said marriage, or pretended marriage ; therefore, Be it enacted by the Senate and IIousc 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 passage of this act, the said pretended marriage between Joseph McCollum, junior, and Hamutal McCollum, be, and the same is hereby declared to be null and void, ab initio, and of no effect in law ; and that the said Hamutal McCollum be, and she is hereby divorced from the said Joseph McCollum, junior, by a complete and absolute divorce a vinculo matrimonii. § 2. And be it further enacted, That from and after the passage'of this act, the said Hamutal McCollum be known in law by the name of Hamutal Johnson, being her name prior to such her said marriage, or pretended marriage ; and that she be entitled to all the rights which she may have had prior to such her said marriage, or pretended marriage, to the said Joseph McCollum, junior. Read the third time and passed, November 23d, 1829. WARREN JOURDAN, Speaker of the House of Representatives, In Senate, read the third time and passed, December 15th, 1829. THOMAS STOCKS, President of the Senate The pre tended niaiuaue of Hamu- tal Mc.Col- lunt and Joseph McCollun , jun. de- clared void ah initio. Hamutal JlrCollum to be called Hamutal Johnson [no.418.] d Caroline E. Dick and .lames Dick '"divorced. tkshall be ieemed se- parate and distinct persons. The issue of the mar- riage here- lofore born to be legiti- AN ACT to separate and divorce Caroline E. Dick and James Dick, her husband. Be 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 after the passing of this act, the matrimonial connexion, or civil contract of marriage, between the aforesaid Caroline E. Dick, formerly Caroline E. Williams, and James Dick, shall be completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered into between them. § 2. And be it further enacted, That the said Caroline E. Dick and James Dick shall in future be held as distinct and separate persons, altogether unconnected by any mystical union or civil contract whatever, heretofore entered -into be- tween them. § 3. And be it further enacted, That nothing herein con- tained shall tend to render illegitimate the issue of the said marriage heretofore born ; but that the same shall be con- sidered legitimate, any thing herein contained to the "con- trary notwithstanding. Read the third time and passed, November 11th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, Dec.*9th, 1829. THOMAS STOCKS, President of the Senate. AN ACT to divorce and separate Polly Thompson and John W. Thompson, her husband. Be 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 passage of this act, the matrimonial connexion, or civil contract of marriage, made between Polly Thompson and John W. Thompson, her husband, shall be, and is hereby completely annulled, set aside, and dis- solved, as fully and effectually as if no such contract had ever been made and entered into between them. § 2. And be it further enacted, That the said Polly Thompson and John W. Thompson, her husband, shall in future be held" as separate and distinct persons, altogether unconnected by any mystical union or civil contract what- ever, at any time heretofore made or entered into between them ; and th^t the said Polly Thompson be competent to contract in all things as an unmarried woman. Read the third time and passed, December 1st. 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, December 15th, 1829. THOMAS STOCKS, President of the Senate. [no.42(I ] Polly Thompson and John W.Thomp- son di- vorccd Shall be deemed se- parate and distinct persons. [no.419.] an ACT to separate and divorce Hamutal McCollum from Joseph McCollum, junior, her husband; and to restore to her the name and the rights which she had prior to her marriage to the said Joseph McCollum. Preamble. Whereas, Joseph McCollum, junior, and Hamutal John- son, both of the State of Georgia, were, on the fifth day of February, eighteen hundred and twenty-six, married in due U AN ACT to separate and divorce Joseph Grizzle and [no.421.] Matilda Grizzle, his wife. Be it enacted by the Senate and House of Representatives Joseph ^ of the State of Georgia, in General Assembly met, and it is hi" wife " hereby enacted by the authority of the same, That from and dl" immediately after the passage of this act, the matrimonialvorce ' connexipn, or civil contract of marriage, made between Joseph Grizzle and Matilda Grizzle, his wife, shall be, and is hereby completely annulled, set aside, and dissolved, as 154 DIVORCES. fully and effectually as if no, such contract had',ever been made and entered into between them. 1 1 1 shall be §2. And be it further enacted, That the said Joseph parate^aiui Grizzle and Matilda Grizzle, his wife, shall in future be held distinct as separate and distinct persons, altogether unconnected by persons. union or civil contract whatsoever, at any time hereto- fore made and entered into by or between them. >> , . Read the third time and passed, November 26th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, December i flhj 1829. t ■ • THOMAS STOCKS, ' , President of the Senate. and distinct persons in law, as fully and as completely a? though said cbntract had never existed. ■ - Read the third time and passed, December 17th, 1829. WARREN JOURDAN, . Speaker of the House of Representatives. In Senate, read the third time and passed, December 21st, 1829. THOMAS STOCKS, / President of the Senate. [no.422.] AN ACT to separate and divorce Abraham Brown find his wife Betsy Brown. , Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly ihet, and it is hereby enacted, by the authority of the same, That from and after the passage of this act, the matrimonial connexion, or civil1 contract of marriage', made and entered into between Abraham Brown and Betsy Rrown, his wife, shall be, and the same is completely annulled, set aside, pnd dtesplved, as fully and effectually as if no such contract had ever been em- tered into between them. ' 1 § 2. And be it further enacted, That the Said Abraham Brown and Betsy Brown, his wife, shall in future be held as separate and distinct persons, altogether unconnected by any union or civil contract whatever, at any time heretofore made or entered into between them. Read the third time and passed, November 19th', 1829. \ WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, December 18th, 1S29. ' . /'// THOMAS STOCKS, President of the Senate. Abraham Brown and his wife Betsy di- vorced. Shall be held as se- parate and distinct persons. AN ACT to separate and divorce Bflchel Fairchild [no.425.; and William Fairchild, her husband. 'Beit enacted tfy the Senate and Hduse of Representatives Rachel of the State of Gebrgia, in General, Assembly met, and it is and'w'i^ hereby ehacted by the authority of the same, That from and J™**- immediately after the passage of this act, the matrimonial vorced. connexion and civil contract of marriage made between the' said Rachel Fairchild apd William Fairchild, her husbabd,, shall be annulled, set aside, and as fully dissolved to all in- tents and,purposes as if. no>such contract*-hhd ever been made and entered ipto, between them1, any law to the con- trary notwithstanding. - • - ' . , Read the third time and passed, November 23d, 1829. WARREN JOURDAN, . 1 Speaker of the House of Representatives. ' In Senate, read the third time and passed, December 15th, 1829. , ' ' ' * •' .. . , ; . , TJIOMAS STOCKS, President of the .Senate. James Lloyd and Bythena Lloyd, his wife, di- vorced. [no.4^3.] AN ACT to separate and divorce James Lloyd, and Bythena Lloyd, his, wife, • Be 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 passage of this act, the .marriage contract heretofore made and entered into between James Lloyd and Bythena Lloyd, his wife, be, and the same is hereby dissolved and set aside, and that they be Considered separate and distinct persons in law,' as if no such contract had ever existed between them. • - , ^ ' Read the third time and passed, December 9th, 1829. • WARREN. JOURDAN, , Speaker of the House of Representatives. In Senate, read the third time and passed, December 17th, 182.9. THOMAS STOCKS, - President of the Senate. AN ACT to separate and divorce Eliza Fortson and [no.426i] , William Fortson? her. husband. . , 1 Beit enacted by the Senate and House of Representatives EiizaFon- of the State of Georgia, in General Assembly met, and it is wiiiiam hereby enacted by the authority of the same, That from and*°^ndl" after the passage of this act, the matrimonial connexion and civil/contract of marriage between Eliza Fortson and William Fortson, her husband, be, and the same is hereby set aside, and rendered null ana void to airintent's and pur- poses, as though no such connexion or contract had ever existed, any, law, usage, or custom to the contrary notwith- standing. , 1 ' . " . , • . , Read the third, time and passed, November 30th, 1829. , ■ ; WARREN JOURDAN, Speaker of the. House of Representatives. In Senate, read the third fime and passed, December 18th, 1829. THOMAS STOCKS, , President of the Senate. [no.424.] Stacy Gre- gory and Greene A. Gregory di- vorced. Shall be deemed se- parate and distinct persons. AN ACT to separate and divorce Stacy Gregory and Greene A. Gregory, her husband.- Be 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 after the passage of this act, the matrimonial contract here- tofore made and entered into between Stacy Gregory and Greene A. Gregory, her husband, shall be null and void. § 2. And be it further enacted, That the said Stacy Gre- gory and Greene A. Gregory shall in future be heltj separate AN ACT. to separate and divorce Ann Barron and Jamep Barton, her husband. Be it enacted by the Senate and House of Representatives of the. State of Georgia, in Gpneral Assembly met, and it is' hereby enacted by the authority of the same, That from and after the passage of this act, the matrimonial connexion or civil contract of marriage, ihade and entered into between Ann Barron and James Barron, her husband, shall be, and the same is hereby completely annulled,' set aside, and dis- solved, as fully and effectually as if no such contract had ever been made arid entered into between them. § 2. And be itfukker enacted, That the said Ann Barron, and her husband James Barron, shall be held in future as separate and distinct persons, altogether unconnected by any ,union or civil contract whatever, at any time heretofore made and entered into by or between them. Read the third time and passed, November 16th, 1829. > * WARREN JOURDAN, v Speaker of the House of Representatives. In Senate, read the third timeand passed, Dec. 18th, 1829. THOMAS STOCKS, , President of the Senate. [wo.427.] Ann Bar- ron and James Bar- rondi- vorced. Shall be held aa9 parate at distinct ELECTIONS. 155 [no. 428.] AN ACT to separate and divorce Jane Pool and Jul- man R. C. Pool, her husband. jane Pool Be it enacted by the Senate and House of Representa- madnJR~ c.tlves °f tfie ^tate °f Georgia, in General Assembly met, vorced' ' an^ ^15 hereby enacted by the authority aforesaid, That from V0iced' and immediately after the passage of this act, the m&trimo- nial connexion, or civil contract of marriage, made and en- tered into between Jane Pool and Julman R. C. Pool, her husband, shall be, and is hereby completely annulled, set aside, and dissolved, as fully and effectually as if no such contract had ever been made and entered'into between \ them." shall be § 2. And be it further enacted, That the said Jane Pool pamedand and Julman R. C. Pool, her husband, shall be held in fu- pereons ture as seParate and distinct persons, altogether uncon- nected by any union or civil contract whatever, at any time heretofore made and entered into by or between them. Read the third time and passed, November 24th, 1829. WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, Dec. 15th, 1829. THOMAS STOCKS,* President of the Senate. AN . ACT to separate and divorce John Garrett and [no.429.] Elizabeth Garrett, his wife. Be it enacted by the Senate and House of Representatives John Gar- of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from bethdi- and immediately after the passage of this act, the matrimo- vorced' nial connexion, pr civil contract of marriage, entered into between John Garrett and Elizabeth Garrett, his wife, shall be, and is hereby completely annulled, set. aside, and dis- solved, as if no such contract had ever been made and en- tered into between them. § 2. And be it further enacted, That the said John Gar- siiaii be rett and Elizabeth Garrett, his wife, shall in future be held pa?™edand as separate and distinct persons, altogether unconnected by distinct any mystical union or civil contract whatsoever, at any time persons' heretofore made and entered into between them. Read the third time and passed, November 23d, 1829. ' WARREN JOURDAN, Speaker of the House of Representatives. In Senate, read the third time and passed, Dec. 14th, 1829. THOMAS STOCKS, President of the Senate. ELECTIONS. {no.430.] That so soon as the Governor ascertains the number ofrepresen- tatives this State is en- titled to, he shall issue his procla- mation. The citi- zens of this State to elect the number to which it shall be en- titled. AN ACT to regulate the future Electiony of Members of Congress im this State. § 1. Beit enacted]by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That so soon as his excellency the Governor shall obtain the law of Congress fixing the ratio of Representatives to be elected for the National Legislature, agreeably to the late census, it shall be his duty to issue his proclamation, announcing the number of Representatives this State is entitled to. § '2. And be it further enacted, That at the next an- nual election for members of the Legislature, and every two years thereafter, until altered by law, the citizens of this State shall be entitled to elect such number of Repre- sentatives to Congress as shall be announced by the pro- clamation of his excellency the Governor, agreeably to the foregoing section. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 2lst, 1821. JOHN CLARK, Governor. [no.431.] AN ACT to alter" so much of an Act entitled " An Act to regulate the1 General Elections in this State, and appoint the time of the meeting of the General A.?- sembhjf so far as the same requires all elections to be held at the place of holding the Superior Courts, so far as respects the Counties of Burke and Haber- sham. All eiec- § 1. Be it enacted by the Senate and House of Representa- peopieyinhe ^ves °f the State of Georgia, in General Assembly met, heidat° be an^ ^ 25 hereby enacted by the authority of the same, That Waynesbo- the elections for Senator, Representatives in the State J^e- the batta? gislature, and Representatives to Congress, so far as relates lion muster to the counties of Burke and Habersham, be on the day grounds. prescribed by the before-recited act, may be held at Waynes- U 2 borough, in the county of Burke, and at each of the bat- talion muster grounds in said county. § 2.* And be it further enacted, That the places of hold- The places ing the elections in the county of Habersham shall be at elections1!u the following places, to wit: at the store-house of Charles Habersham Baker; at the house of Samuel Ward, on Tuccoa Creek ; Couuty- at the house of Mr, Stoner, on Duke's Creek ; and at the court-house in said county. § 3. And be it further enacted, That all of said elections Elections shall be on the day, and opened and conducted in the same fated a^8"* manner, as is provided by the before-recited act; and the heretofore, place of the sheriff or deputy sheriff may be supplied by any lawful constable. § 4. And be it further enacted, That any two justices Who may and two freeholders, or a majority of them, shall superin- ^fd'eiec- tend said election ; the justices, or one of them, shall ad- tions,&c. minister the following oath to the two freeholders : " I, A. Shan take B., do solemnly swear, or affirm, that I will superintend said anoatl1- election, and make a just return of the same to the best of my knowledge and ability, so help me God." § 5. And be it further enacted, That the justices and 1,1 wl)at freeholders that superintend the election aforesaid, shall, vo^r'shait and they are hereby authorized, on the same day of election, becou"te it further enacted, That when i\ shall so osath : " I do'solemnly swear (or affirm)' that I will , faith-0atii. court-3 n is convenient, and there com- any act designed to defeat the intentions of this law, shall or-anat-' pare and add the several returns or votes together,.'and" to be considered guiity of a high crime and misdemeanor, and ^ate'uiis certify to his excellency the Governor the personsso elected, on conviction thereolf shall be fined in a sum not less than Act. agreeable to the laws of this State now in. force. - , one hundred dollars,- and imprisonment not less than ten Punish- §5. And be it further enacted, That any per^on-who shall days, at the discretion of the Court. ' - violation of commit, or attempt, to commit, any act designed, to defeat § £>. And be it further^enacted by the authority aforesaid, when a' this Act. the intentions of this law, shall be considered guilty of a That when any doubt, shall be suggested, as tq the propriety high crime and misdemeanor ; and, on. conviction thereof, of any vote offered, it shall be the duty pf the superintendents suggested, shall be fined in a sum not less than one hundred dollars, and to administer, in addition to the oath prescribed by law, the shViTtead- imprisoned not less than ten days, at the 'discretion of the following oath : viz. " I do solemnly swear (or affirm) that court. ,' - , , I have not this day'vpted at any ejeption for any senator, " " if a vote is § 6. And be it further enacted, That when any doubt shall representative, member, of Congress, or county officer ; so suggested, as to the propriety of any Vpte offered, it shall help me God." , . an oath, be the duty of the superintendents t6 administer (in addition -§ 6- And be it further enacted by the authority aforesaid, How ^ to the oath prescribed by law) the' following' oath ; viz.-r- That the place of the sheriff or his deputy may be supplied oath. " ,1 do^ solemnly swear (or affirm) that I have not this day at spch election ' by any lawful constable; and .thht said Jay! voted at any election' for any senator, representative, mem- election shall, in alls other respects than those herein recited,supplitd' ber of Congress, or county officer ; so help me God." be conducted, in the, same manner, and at the same time, as ofthe'306 § 7' fur*her enacted, That the place of the is, prescribed by the, laws now in force regulating general sheriff,, sheriff or his deputy may be supplied at such election by any and county .elections. - how sup- lawful constable; and that said election shall, in all other . ; - ' , ' ALLEN DANIEL, respects than those herein recited, be conducted in the same Speaker ofthe House of Representatives. manner, and at the same time, as is prescribed by the laws MATTHEW TALBOT, now in force regulating general and county elections. . - ■ ■■ ' President of the Senate. DAVID ADAMS, Assented to, December 6th,'1822. ^ Speaker of the House of Representatives. ' , ' > ' JOHN CLARK, Governor. MATTHEW TALBOT, .\ '' ■- President of the Senatp. AN ACT to establish and regulate District Elections in [no.431.1 Assented to, 21st December, 1821, / the County of Camdm. JOHN CLARK, Governor. Be it enacted by the Senate and House of Representa- * See Acts (Nob. 434,436.) amendatory of this Act. . * See No. 470, repealing this Act. No. 487 again establish*!. ELECTIONS. 157 piuctmof tires of the State of Georgia, in General Assembly met, of each district election shall, and they are hereby required, Required KJSi and it is hereby enacted by the authority of the same, That on the day of said election, to count out the ballots by them toVcfunf7 tat'Jmden *n Edition to the act passed the twenty-first of December, taken in, and make a fair statement of the polls; and one °utthe County eighteen hundred and twenty-one, authorizing the establish- magistrate or more of the superintendents from each of the Kin? tabiished. ment 0p ejection districts in the county aforesaid, that from said districts 'shall meet one or more from each of the other ^eye'""j* and after the passing of this act, it may and shall be lawful districts at the cotirt-house of said county, on the next day court- to hold elections for members of the Senate and Hquse of after said election, and there compare and add the several !oTParend Representatives in the State Legislature, members of Con- returns or votes together, -and to certify to his excellency £ncdadd' gress, and for all county and State officers, so far as respects the Governor the persons so elected, agreeably to the laws C' the county of Camden, at the house of Scott and Bailey, on of this State now in force. Spanish Creek, in said county, and at the place known by § 4. And be it further enacted, That if any person shall Actsinvio the Horse Stamp, in the Little St, Ilia Neck. vote, or attempt to vote, at more than one of the said elec- thi's Law who may § 2. And be it further enacted by the authority aforesaid, tion districts at the same election ; or if any magistrate pre- punished, tendsaid That any one 01 more magistrates and two freeholders siding at such election shall violate the trust confided toandhow Elections within said county may, and are hereby required to super- him by this act, such person or magistrate shall be deemed intend said elections, after said freeholders shall have taken guilty of a high misdemeanor, and shall,on conviction thereof the oath, and complied'with, the requisitions of the before- before the Superior Court of the said county, be fined in the recited act. sum of fifty dollars, and be imprisoned at the discretion of Required § 3. And be it further enacted by the authority aforesaid, the court, for a term not exceeding ten days, of election That tlie superintendents of each district election shall, and § 5. And be it further enacted, That when any doubt 0atli to be outthebai are hereby required, on the day of said election at each shall be suggested as to the propriety of any vote offered, it when a iota, and^o district, to count out the ballots by them taken in, and to shall be the duty of the superintendents to administer, in ad- ^®edIa Court-1 the ma^e a fair statement of the polls ; and that one magistrate dition to the oath prescribed by law, the following oath, doubted.; house, the from each of the said districts within the county shall meet viz.—" I do solemnly swear (or affirm) that I have not this oath. „ anddeciare one or more of the magistrates of each of the other districts day voted at any election for any Senator, Representative, elected at Jeffers01j> within three days after said election, and as member of Congress, or county officer ; so help me God." much sooner as convenient, and there compare and add § 6. And be it further enacted, That the place of the The P|ace the several returns or votes together, and to certify to his sheriff, or his deputy, may be supplied at such election by sheriff,by- excellency the Governor the persons so elected, agreeable any lawful constable; and that said election shall, in all ^1^"'sup* to the laws of this State now in force. other respects than those herein recited, be conducted in the Actsinvio- § 4. And be it further enacted, That any person or per- same manner, and at the same time, as is prescribed by the thisTaw sons who shall directly or indirectly commit any act de- laws now in force regulating general and county elections, punished. sjgned to defeat the intention of this law, shall be subject to § 7. And be it further enacted, That there shall be three Three" the pains and, penalties prescribed in the before-recited act. other election districts in the county of Early, at the house tionaipla-" Repealing § 5. And be it further enacted by the authority aforesaid, of Richard Grimsley, in the fifth district; and at the house ^es jn earn*. That all laws or parts of laws militating against this act of John Tilly, in the twenty-eighth district; and at the house cminty.es are, by the authority aforesaid, hereby repealed. of Sarah Jackson, in the twenty-si^th district; and that per- tablIshed- ALLEN DANIEL, sons in said county shall be entitled to the privileges, and Speaker of the House of Representatives, subject in all respects to the provisions of the above-recited MATTHEW TALBOT, sections. .President of the Senate. § 8. And be it further enacted, That there shall be The places Assented to, December- 19th, }822. - established election districts in the county of Appling, at the Applll)g- JOHN CLARK, Governor, following places, viz.—at the house of Arthur Sykes, in —: Captain Morgan's district; at Lawrence Smith's, in Cap- [no.435.] AN ACT* to establish and regulate District Elections tain McAlly's district; at Risby Wilson's, in Captain ■ in the Counties of Telfair, Early, and Appling,-and to Hagan's district, and at William Dridden's, near the Great punish those who may attempt to defeat the same. Satilla river. Places of Be it enacted by the Senate and Home of Representa- . § 9- And te 't further enacted That the citizens ofTteom- KS lives of the State of Georgia, in General Assembly met, Appling county shall be entitled to all the benefits, and KiS and it is hereby enacted by the authority of the same, That llat>!e "> »U the penalties in this act, any law, usage, or f from and after the passing of this-act, the general elections to the contrary notwithstanding. u„, XKT fop members of Congress and of the Senate and House of 10- 4"? 't further enacted, That all laws and parts gwju* " ' Representatives of the State Legislature, and for all county Iaws militating against this act be, and the same are and State officers, so far as respects, the county of Telfair, hereby repealed. rbAiT-m a-n a a/res may and shall be, hereafter held at the house of John Cam- . . DA VID ADAMS, bell, in Captain Wilson's district; at the house of Duncan SPeaker of th® ^e®e"t0atlVes' McRae, in Captain Robinson's district; at Smith's old t> -J * r l a place, in Captain Dean's district; at the house of John , , ono Senate. William Lee, in Captain Mitchell's district, and at' the Assented to, Decern er th, 1823. court-house. G- M' TROUP, Governor, who may § 2. And be it further enacted, That one justice of the — tend""id peace, or one justice of the Inferior . Court, and two free- AN ACT to authorize and require the Clerk of the In~ [no.436.] elections, holders, may superintend said elections at each place, after ferior Court of Camden County to pay out of the sunerin- such freeholders have taken the following oath : " I do so- County Funds the mm of two dollars per day to one treehoid- lemnly swear (or affirm) that I will faithfully superintend Magistrate or Freeholder, from each election district er'.s oath, this day's election, and make a just and true return thereof jor sa{d County, for their attendance at the Town of according to law and the best of my abilities ; so help me Jefferson,to compare and counting up theVotesfor said God. County.. § 3. And be it further enacted, That the superintendents „ . _ . _ _ . TT - „ 3 J Be it enacted by the Senate and House of Representa- * see Acts 452,4co, and 492. tines of the State of Georgia, in General Assembly met, and 15$ elections. The magis- it is hereby enacted by the duthority of thd same, That from the peace or Inferior Court, and two freeholders, not-being wtiomay Camden and after the passing of this act, the clerk of the Inferior themselves candidates, or a majority of them, shall superin- tend said titled^ en* C°urt the county of Caipden be, and he is hereby author- tend said election ; the said justices, or one of them, shall. ^tlon«> pay, 11 ized and required to pay out of the county funds the sum of administer to the said freeholders the following oath ; viz. two dollars per day to one magistrate or one freeholdet', I, A. B., do solemnly swear, or affirm (as the case may be), oath, from each election district in said county, for their attend- that I will superintend the said election, and make a just ance at the town of Jefferson, to count up and compare the and true return of the same to the best of my knowledge: so' Proviso., votes from the different election districts; Provided, that help me God. - . , not more than one person from each election district shall be § 4. And be it further enacted, That the said justices and ®uP«in paid by the clerk, nor shall any person be paid for more than freeholders that superintend' the election in the counties reqUjr^Jto three days for any one attendance. V ' - aforesaid, and at the places aforesaid, jrj their respective Repealing , § 2. And be it further enacted, That all laws and part^ counties aforessfid, shall, ^ind they are hereby authorized, on on theday clause. 0f idws heretofore passed, so far as the same militate against' the same (jay of election,to Count out • the ballots by them and'S"' this act, be, and the same^are repealed. , taken in at "the several election grounds; apd m&ke. a fair thenen i v DAVID ADAMS, . statement of' the polls ; and one or more of'Said superin- c7w-'be i . Speaker of the House of Representatives, tendents from each of the election grounds in said counties ; THOMAS STOCKS, shall meet at their respective Court-houses on the day there-, ciare who President of the Senate, after, and compare and, add the several 'returns together, ^a8elect" Assented to, December 20th, 1823. , apd certify to his excellency the Governor the persons so ' G. M. T&OUP, Governor. elected, agreeable to ^the provisions of the before-recited / , ~ y ( -'acts ; [no.437.] AN ACT* to alter so much of an Act, entitled Art Act § 5. And be it farther enacted, That should* any person Violation, to regulate the General Elections of this State; and to vote, or attempt to vote/ at more than one of the aforesaid appoint the time of meeting of the General Assembly places'-on the same day, Jie shall be subject to be indicted for of this State, so far as the same requires the Elections, a misdemeanour, and on conviction thereof, shall be fined to be held at the place of holding the Superior Courts," *n *Vsum not lesf than orie hundred dollars. so far as respects the Counties of Hall, Richmond, § 6# And be it further enacUd, That,so much of the be- amw Henry, De Kali, and GMnnett ; and to amend an Act, fo"-recited act u militates against thisiact, and all laws and -gf passed on (hi eighteenth of December, eighteen hun., Parte of laws repugnant to this'act, be, and thesameare dr'ed and sixteen, relating to the County of Providing ^Tbe it further enacted, That the fourth section of g-J Elections Be it enacted by the Senate and House of Representa- an act passed the eighteenth of December, in the year oftheAct Richmond, dves °f the State of Georgia, in General Assembly met, eighteen hundred and sixteen, altering an act to regulate jjjjj "" Kaiby'and an<* ^ 15 hereby enacted by the duthority of the same, That the general elections in this State', so far as relates, to the Gwinnrtt; from and after the passing of this act, the elections for Se- County'of Franklin, be,,and the Same is hereby repealed, afteratThe nat0?^ an^ Representatives of the General Assembly and and all laws and parts of laws militating against this act.' places spe- members to Congress, so far as relates to the Counties of §8i And be it further enacted, That any two justices of Who may «fied. Hall, Richmond, Henry, De Kalb, artd Gwinnett, shall be the peace or Inferior Cpurt, and two freeholders, not being held oh the day prescribed by the before-recited act; viz. themselves candidates, or a majority of them,' shall super-elections, in Hail. i f In the county of Hall, at Maty Mullin's, on the Federal intend the said;, election, and the said justices, or one o road, in the county aforesaid,and at Charles. Hjulsey's, in them, shall administer tp the freeholders the' following oath: the ninth district,'in the county aforesaid ; and at the house " L A. B„, do solemnly swear (or affirm, as the case may oath.. ofPleasantHulsey, in said county, and elevehthffisfrict; and< be), that I will superintend the said election, and make a at Gainsville, on the same day. ' * - , just and true return of the same to the best of my knowledge in Rich- ^ In the county of Richmond, at the Cdur't-house in the city and ability : so help pie God,'?' , mond. of Augusta; and at the house of Samuel C. Douglass, near § 9.*'And be it further enacted, That the justices and What the Spring Hill, in said county of Richmond, on the^ame day, freeholders that superintend the election in the county,of finis ia Henry. And in the county of . Henry, at the house of Burrell Franklin, shall, and they are hereby authorized, on the same Jencks, in the first district of said County; and at the house day of t,he electibh, to count put the ballots by them taken &c. ' of Samuel Armstrong in [the third district] of said county; in at the several election grounds,-and make a fair state-, and at the house of John Love joy, id the twelfth''district of mGnt of the polls ; and one or more of the superintendents said county ; and at the town of iVIcDono'ugh', on the same from ,each of the election grounds shall meet' at Car'nesville day. , : • . . the day thereafter, and add the several returns together, and in De Kaib. In the county of De Kalb, at the town of Decatur; at the certify to his excellency tfie Governor the persons so elected, 1 place of holding Justices' Courts in captain Stagg's district; agreeablevto.the provisions of the before-recited act. at the place of holding Justices' Courts in captain Puller's ' ' . . DAVID ADAMS, district; and at the place of holding Justices'Courts in cap-, : Speaker oftheHouse of Representatives.. ' tain Standiford's district. - . ' THOMAS STOCKS, inGwin- J In the county of Gwinnett, at the to wn of Lawrenceville ; ' President of the Senate. net' at the house of James Langbridge, at the house of John Assented to, December 8th, 1823. Humphries, at the house of William Greene, and at the house ' G. M. TRCftJP, Governor, of William Terry. r >• Elections § 2. And> be it further enacted, That all elections shall be uSfand on the day, and opened and conducted in the same AN ACT to amend the second Section of an Act, passed [so.4381 riff's pface ma*nher> as prescribed by the before-recited act; and the the twenty-fourth of December, eighteen hundred and ' supplied, place of sheriff, or deputy-sheriff, may be supplied by any twenty-one, to regulate the General Elections in this lawful constable. _ ^ State, and to appoiiet the Time of .the meeting of the - it further enacted, That any two'justices of General Assembly, so far as the same requires all * See Act amendatory of this-Act (No. 488). - Elections to be held a,t the place of holding the Supe- }See Acts amendatory of (Nos. 453, 499).. ' See (Nos. 441,449,483,495) amendatory of this Act. ' •See (ftos. 496,463). ELECTIONS. 159 rior Courts, so far as respects the Counties of Burke, Habersham, and Rabun. Places Of Be it enacted by the Senate and House of Representatives friit'S3" °fthe State of Georgia, in General Assembly met, and it is lionsinHa- hereby enacted by the authority of the same, lhat from and bcnipin. after t(ie passing of this act, that one of the places of holding the elections in the pounty of Habersham shall be at the house of Mr, Williams, on lot number seventy-four, in said county, in place of the house of Mr. Stoner, on Duke's creek; also at the house where Mr. Crary formerly resided, in the second district of the county aforesaid. How to be § 2. And be it further enacted by the authority aforesaid, conducted, rpj^ tjie elections held at the above-stated places shall be conducted in the sapie manner as prescribed by the before- recited act; any law to the contrary notwithstanding. Where <§ 3. And be it further enacted by the, authority aforesaid, bef^he'cHn That the election in the county of Dooly shall be held at the ofSDoo?yty P^ace the Superior, and Inferior Courts in, said cpunty, and also at the house of Littleberry Richardson, in the fifteenth district of said county ; and that all persons en- titled to the benefit of this section shall be subject to all the fines and forfeitures in the foregoing law ; any law (o the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUr, Governor. £no.439.] AN ACT* to prescribe the mode of choosing the Electors of President and Vice-President of the United States, to which this State is entitled by the Constitution of the United States. How and Be it enacted by the Seriate and House of Representa- Sectors of tives of the State of Georgia, in General Assembly met, and anTvice ^ ™ hereby enacted by the authority of the same, That on ! President the first Monday in Noveniber, eighteen hundred and twenty- ted'statesT an^ on tbe first Monday in November of every fourth i shall be year thereafter, an election shall be held throughout this € ec ' State, at the several places of holding elections for Senators f and Representatives'in the General Assembly, for the pur- ! pose of choosing electors of President and Vice-President i of the United States ; which elections shall be opened and closed at the same hour and in the same manner, and shall be superintended and conducted by the same magistrates and officers, as by law shall be authorized to superintend and conduct the general elections of this State, i whonshan § 2. And be it further enacted, That at the said elections, • to vote"16 every perspn entitled to vote for members of the General , Assembly, or Representatives to Congress, may vote for a number of persons equal to the whole number of Repre- ! sentatives and Senators to which this State may be entitled I How and in the Congress of the United States ; and that it shall be the^eturns the duty of the justices or magistrates, presiding at the concha!60" e^ecti°ns to be held under the authority and according to be made, the provisions of this act, to make immediate returns to the Governor of the Statekof the result of said (elections ; which returns shall clearly exhibit the number of persons voting for electors, the number of votes given in, the names of per- sons voted for, and the number of votes which each may have received. How the § 3. And be it further enacted, That in counties where simii'b"3 by 'aw tbe votes for members of the General Assembly shall conducted be given at different places, it shall be the duty of the per- Selection sons presiding at the different district elections to meet and districts in consolidate the returns of the district elections, as by law a .ounty. reCjUjre(j to jone at ^g general elections ; which consoli- dated returns, exhibiting the result of the elections, as re¬ * See (No. 500) quired by the second section of this act, they shall imme- diately forward to the Governor of this State. § 4. And be it further enacted, That it shall be the duty The Go- of the Governor, on the eighteenth day after the said elec- JS tions shall have .taken place, to lay before both branches of J^n^bee.re' the General Assembly a consolidated return of the number roretheLe- of persons voting for electors, the names of the persons eislalure- voted for, and the number of votes received by each, and immediately to notify those persons who may have received Electors to a number of votes amounting to a majority of the persons bSd'noti- who shall have voted for electors, of their election, and re- fied by the quire their attendance at the time and place required by law, oveinor' to vote for a President and Vice-President of the United States. § 5. And be it further enacted, That in the event of none intiieevent of the persons voted for having received a majority as e?eIctorsthe aforesaid, the General Assembly shall proceed by joint bal- *bal£not lot to the election of electors of President and Vice-Presi- jorltyoftbe dent ; and in the event of a majority of the votes of the ^'beer of persons voting for electors not having been given to a num- votes, to be ber of the persons voted for, equal to the whole number of ti"eGeneral electors of President and Vice-President to which this State Assembly shall be entitled, that number shall be supplied by the Gene- e ec u'8' ral Assembly, who shall proceed to elect by joint ballot a number of electors, who, with those having received a ma- jority of votes, shall be eqaal to the whole number of pre- sidential electors to which this State may be entitled. § 6. And be it further enacted, That in case of the death J"atchas®rof of any of those who may be elected under the provisions of failure to this act, or in case of their declining to accept the appoint- blithe'0 ment, or if from any other cause such electors, or any of seat of Go- them, should not attend to vote as provided by the Constitu- byTweWe tion of the United States, and that if any of the persons so °'cl!?tck°n i - ' * J , theMonday elected should not be at the seat of government by twelve preceding o'clock on the Monday preceding the first Wednesday in vvednes- December, it shall be considered that they have refused the dayDe- acceptance ©f the appointment,.and the Legislature will pro- Legislature ceed by joint ballot to fill the vacancy. t0 appoint, JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 18th, 1824. G. M. TROUP, Governor. AN ACT* to establish and regulate district Elections in [no.440.] the County of Liberty. Be it enacted by the Senate and House of Representatives Election of the State of Georgia, in General Assembly met, and it is fabiishld^ hereby enacted,by the authority of the same, That from and Liberty after the passing of this act, the general elections for mem- Coumy* bers of Congress, and of the Senate and House of Repre- seiitatives in the State Legislature, and for all county and State officers, so far as respects the county of Liberty, may and shall be hereafter held at Riceborough, and at the house John F. Williams, in captain Cassel's district. § 2. And be it further enacted by the authority aforesaid, shall be That said elections shall be held in the same manner and ^"same under the same rules, regulations, and penalties as are ,™a".n0ef^" pointed out in an act passed the twentieth day of December, iere'° OTe* one thousand eight hundred and twenty-three, entitled An Act to establish and regulate district Elections in the Coun- ties of Telfair, Early, and Appling, and to punish those who may attempt to defeat the same. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. 'POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. * See (No. 466) amendatory, &c 160 ELECTIONS. [n0.441,] AN ACT to alter so much of an Act, entitled An Act to regulate the general Elections of this State, and to ap- point the time of the meeting of the General Assembly K of this State, so far as the same requires one of the ■ Elections in the COurdy of Gwinnett to be held at the House of William Terry. , one of the Be it therefore enacted by the Senate and House of Repre- holding0^ sentatives of the 'State of Georgia, in General Assembly Gwinnett" met> an^ ** 15 hereby enacted by the authority of the, same, coumy That from and after the. passing of this act, that the election •hanged, authorized by the before-recited act to be held at the house of William Terry;-in the county of Gwinnett, shall be held at the house of Charles Gordon, in said county, and not at the house of William Terry. § 2. And be it further enacted bp the authority aforesaid, That all laws and parts of laws ijnilitating against this adt be, and the same are hereby repealed. ' - " > , JOHN ABERCROMBIE,' ' Speaker of the House of Representatives. ALLEN B. POWELL, " President of the Senate. Assented to,, December ^Oth, 1824. i , ' G. M. TROtP, Governor. Od.442.] AN ACT* to establish Election Districts in the County . of Glynn, and to punish tho$e persons who may vote - at more than one place an the same day. ' ho?dfng°f'' De it enacted by the Senate and House of Representatives election of the State of Georgia, in General Assembly met, and it is theCounty hereby enacted by the authority of the same. That frvom khcl of Giynn. after the first .Monday in January, eighteen hundred and. twenty-five, all elections hereafter held for county officers, - members of the Legislature, members to Congress, and Governor, shall be held at Brunswick, at the house of Isaac Abrahams, at the head of Turtle River, and at the house, of s John Moso, on the Island of St. Simons. ' ; ' of°this°act § And be it further enacted, That any person who - punished!0 shall give a vote at more than one place on the same day, and for the same"purpose,'shall be fined for each and every ( such vote in a sum not exceeding thirty dollars; one-half to the informer; the other half to the Clerk of the Inferior Court of said county for county purposes. " ^ - oMhe3 § 3. And be it further enacted,] That the electiqn. so Peace or held shall be superintended by two justices of the ffe^ce mly'sup^r- an<* two freeholders, or a majority of them, which free- - intend. holder or freeholders shall take the following oath, to be ad- ministered fiy one of the justices in 'the following words : Oath. «lr A., B., do soleriinly swekr, or affirm (as the case may be), that I will superintend said election, and make a just and true returh thereof to tfie ^est of my ability ; so help me God." > . , ' - . ' votes to be § 4. And be it further enacted, That -the presiding per- out,n&c. sons at said election^ shall count out the votes taken in at said elections, agreeable to law, on the same day, and at the same several places, and make a just and true statement of the same.t . • • , \ > 1 'officers"to - * f And be it further enacted, That one of the pre- meetffie siding justices at each election shall meet at the town of £ Brunswick on the next day, and compare the several elec- certify tion lists, and certify the person or persons elected agree- tSed. able to law. . • ' Repealing § 6. And be it further enacted, That all laws and parts of laws clause. militating against this act be, and the same are hereby re- pealed* . JOHN ABERCROMBIE, ' . . „ . Speaker of the House of Representatives. , ". ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1824. G. M. TROUP, Governor. * See Acta (No®. 456,513,) amendatory of this Act. AN ACT* to lay off Emanuel County and Tattnall into [no.443.j Election Districts.' . Be it enacted by the Senate and House of Representa- tines of the State of Georgia, in General Assembly met, election anditishereby enacted' by the authority of the same, That from and after the passing of this act, the general elections for ues of members of Congress, and of the Senate and House of Re- an^Tai! presentatives in the State Legislature, and for all county and State officers, so far as respects, the counties of Emanuel and Taftiall; in the county of Emanuel, to be holden in each captain's district in said county at the .places of holding justices* court in, said districts, and at the court-house ; in the county of Tattnall, to be holden in each captain's dis- trict.in said county, at the places of holding, justices' courts in skid districts, and at the court of said county. , § 2. And be it further enacted by the authority aforesaid, Howther That the' elections in said counties shall be holden in the reguiLd same manner, hnd under fhe same restrictions, rules, regu- lations, and penalties, as are pointed out in an act passed twentieth day of December, eighteen hundred and twenty- thrlee, establishing district elections in thp counties of Tel- fair, Early, and Appling ; any law, usage, or custom to the contrary notwithstanding. ^ . JOHN ABERCROMBIE, . Speaker of the,House of Representatives. \ , ALLEN B. POWELL, - , President of the Senate. Assented to, December 9th,. 1824. G. M. TROUP, Governor. AN. ACTf to establish District Elections in the County [no.444.j of Dooly, and to punish those who may attempt to de- feat the same. ' , Be it enacted by the Senate and House of Representatives of j-1*"5of the State of Georgia, in General Assembly met, and if, is election hereby enacted by 'the- authority of the same, That from p^"ycl^1 and after \the passage of this act, the .general elections for members of Congress, and of the Senate 'and House of Re- presentatives in the State Legislature, and all county officers, may and shall be held at the place of holding justices' codrts in each captain's,district. $2. And be it further enacted, That one justice of the Whomaj peace, or justice of the Inferior Court, and two freeholders, said'eied may superintend said elections at ea'ch place, after the said ti0M- freeholders have taken the following hath: ">I do solemnly swear,-or affirm, that/1 will faithfully superintend this-day's .election, and make a just and true return thereof, accord- ing to law and the bestiof my^ahilities ; so help me God." § 3. And be it further enacted, That the superintendents Require^ of each district election shall, and they are hereby required thewus on the day of said election, to count out the ballots by them ™ taken in,,and make a fair statement of the polls ; and one tion,andto magistrate or more of the .Superintendents from each of the ^teai said districts, shall meet one or more from each of the other the cm* districts at the court-house of skid county, on the next day °, after said election, and there compare and add the several returns or votes together, and to certify to his excellency the Goyernor the person so elected, agreeable to the laws of this State now in force. , § 4. \That if any'person.shall vote, or attempt to vote, at Vfcww more than one, of the said election districts at the-same of ,bl " election, or if any magistrate presiding at such election shall violate the trust .confided to him by this act;, such per- son or magistrate shall be deemed guilty of a misdemeanor, and shall be convicted, thereof before the Superior Court of the said county, be fined in the sum of fifty dollars, and be imprisoned at the discretion of the court, for a term not ex- ceeding ten days. § 5. And be it further enacted, That the place of the * See Acts (Nos. 475,465,485,518,) amendatory of this Act t See No. 475, repealing this Law. No. 514, creating one district. elections. 101 ii»w the sheriff or his deputy may be supplied at such election by sheriff1'16 any lawful constable, and that-said election shall in all other nmy tie respects than those herein recited, be conducted in the same bU1>phe ' manner and at the same time as is prescribed by the laws now in force in this State regulating general elections. Repenting § 6. And be it further enacted, That ajl laws and parts of daUse- laWs militating against this act be, and the same are hereby, repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November 25th, 1824. G. M. TROUP, Governor. is prescribed by the laws now in force regulating general and county elections. § 7. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this acttaken the following oath : "I do solemnly swear (or affirm) that I will faithfully superintend this day's election, and make a just and true return thereof, according to law arid the best of my abilities ; so help me God." it Votes to be § 3. And be it further enacted by the authority aforesaid, -■ out "on*1 the That the superintendents of each district'election shall, and dayofeiec- they are hereby required on the day of said election, to Lpart of the count out the ballots by them taken in, and make a fair i'to meet the statement of the polls ; and one magistrate or more of the ; day after superintendents from each of the said'districts, shall meet' r/Umiwrsohs One or more from each of the Other districts at the court- j,elected. house on the day following said election, and there'eompare and add the several returns or1 votes together, and to certify *i to his excellency the Governor the persons so elected, agree- i, able to the laws of this State now in forpe. violations § 4. And be it further enacted by the authority aforesaid, punished.0 That any person who shall commit', or attempt to commit, any act designed to defeat the intentions of this act, shall be considered guilty of a high crime and misdemeanor, and on conviction thereof shall be fined in a sum not exceeding one hundred dollars, and imprisoned, not exceeding ten days, at the discretion of the court. Where a . § 5. And be it further enacted by the authority aforesaid, th°eUpr<>S t0 That when any doubt shall be suggested as to the propriety priety of a of any vote offered, it shall he the duty of the superintend- gested! an" ents to administer, in addition to the oath prescribed by be\akenU ^av^' f°M°w*ng oat^ : " I do solemnly swear (or affirm) 6 a e"' that I have not this day voted at any election for any Senator, Representative, member of Congress, or county officers ; so help me God." Who may § 6. And be it further enacted by the authority aforesaid, piace'of16 That the place of the sheriff, or his deputy, may be supplied sheriff at at such elections by any lawful constable, and that the said . . 1 •' . ' , ■ ' • _ v ' • . AN ACT to establish Election D'istricts in the County [no.448,j [no.447.i AN ACT* for the division of the. County [of Columbia of Wayne,mfiopunish those persons who may vote into Electfyral District^.' at mere than one place on the same day. ,: Districts Be it enacted by the Senate and House' of Representa- 1 Be it enacted by the Senate and House of Representatives piacesor ffiK- tines of the State of Georgia iri\ General Assembly, met, of the .State of Georgia, in General Assembly met, and it' is JJg* signated an(j it is hereby enacted by the authority of the same, That hereby enacted by the authority of the. snipe, That from Wfyne elections if from and after the passing Of this act, the general election and after the first day of January next,all elections there- signated. Columbia, for Representatives to Congress* and for members of the after held for county officers, members-of. the Legislature, - State Legislature, for Governor, and. for all county officers, members to Congress, and Governor, shall be held at the old so far as respects the county of Columbia, may and shall be court-house, near the*Buffalo ; at James Strickland's, where held at Columbia court-house as heretofore ; and alsp.in the the Justice's' Court-is held in Captain William Stafford's dis- town of Wrightsborough, in district number twelve ; and at trict ; at ttye/place where the Justices' Court is held in Cap- the house of Thomas Yarbrough, irt district number seVeri, ' tain Charts McQuinney's district.- Who may § 2. And be it further enacted, That one justice of the § 2. And be it further enacted, That any person or per-vioiatiom said'eiec-1 peace, or one justice of ,the Inferior Court, arid two free- sobs who shall give a vote at more thafi one place on the JJjJ6 pons. holders, may superintend said elections at the two last-men- same day, and for the same purpose, shall be fined for each tioned places, after said freeholders shall have taken the fol- and every such vote iri arsum not exceeding thirty dollars; lowing oath : " I do solemnly swear (or "affirm) that I yvill one half to the informer, arid the other half to the clerk of faithfully superintend'this day's /election,, and' make a just the Inferior Court of said county for county purposes.' and true return thereof.according to law and thp riest of my j' § 3.( And be it further enacted. That the elections sovvhomay abilities ; so help me God." , ' held shall be superintended by two justices of the peace and mcounSut § 3- Andbeit further enacted, That the superintendents two freeholders, or a majority of either, of them, which free-elections, the ballots of ea,ch of the said district elections shall, and they are hereby holder or freeholders, shall take the fdllowirig oath, to be ad- oTetotfon* required, on the day of the election .aforesaid; to count out ministered by one of the justices, in the following words: th^da661 ' t^ie ballots by them taken in, and make a fair and coj-rept "'I,-A. B'.i do( solemnly swear (or affirm, as the case maybe) after and. statement of the polls, and one or more of ihri superintend- that 1 will superintend said election, arid make a truri return persons1116 ents>or magistrate from each of the said districts, shrill thereof to the'best of my ability,; so help me God." elected. ' meet the magistrates who shall have presided af the election § 4. And be it. further enacted," That the presiding per- Votes to* at said court-house^ which meeting, shall take place at said sons at said elections shall, count out the votes taken in at {Seday court-house on the next day after said election j and they 'said elections agreeable to law, on the same day, and at the siveniB shall then and there compare and add the several returns or same several places, arid make a just and true statement of votes together, and certify to his excellency the' Governor the same. - ' the persons so, elected, agreeably to the laws of this State < § 5. And be it further enacted, That one of the presiding smimci now m force. justices at each election shall meet at the olfi court-house, j^. Violations § 4. And be it' further enacted, That if any 'person shajl riear the Buffalo, on the next day, and compare the several punished.0' vote ®t more than one of said places of election for any of election lists, and c'ertify the person or persons elected agree- da,y a 6 ' the respective candidates at thesame election, 6r if any mar rible to law.' ' ' i .. gistrate or freeholder presiding at such election shall violate §' 6.. And be it further enacted, That, "all laws and parts Repeal^ the trust confided to him by this act, sue!} person, magis- of laws militating agaipst this act be, and the same areclause' trate, or freeholder shall be deemed guilty of a liigh misde/ hereby, repealed. ' \ > '• * ' meanor, and shall, on conviction thereof before the Supe- ' ' , - ' DUNCAN G. CAMPBELL* , rior Court of Said county, be fined in a sum of fifty dollars, ' Speaker pro tem. of the House of Representatives. ' and be imprisoned at the discretion of Qourt for a term not ■ ALLEN B. POWELL, exceeding ten days. . . , , ' President of the Senate. Whea^ a § 5. And be it further enacted, That when any doubt shqll Assented to, December 22d, 1825. doubt as to be suggested as to the legality of any vote offered, it shall be ' 1 ' G. M. TROUP, Governor.' oaArtiau" the duty of the superintendents to administer, in addition to • any election for any Senator, Representative, Governor, eighteen hundred and tmnty-Aree,re- member of Congress, or county officer; so help me God." gutting Election districts, so far as ^respects the 6 , * , County of Gwinnett, to authorize all Elections for * see an Act amendatory of this Act (No. 4ffy. County Officers, held at the several stated Election Dit- ELECTIONS. 163 Elections for County Officers to be held in Gwinnett, at the seve- lal Election District places, i In con- formity to the Act re- cited. On the | same days , as hereto- ^ fore. Places of holding f Elections . in Fayette, "•established. Who may Preside at flfiaid elec- ions. , Votes re- Quired to j toe counted jn the day flof election. Superin- tendentsto (meet the "day after, !,>at tlie ^Court- ^faouse, &c. Violations of this Act punished. tricts, and under the same Rules and Regulations as pointed out by the before-recited Act. Be it enacted by the Senate and House of Representa- tivcs 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 passage of this act, it shall be law- ful for all elections for county officers, so far as respects the county of Gwinnett, to be held at the several said election districts, as pointed out by the before-recited act, such as co- roners, sheriffs, clerks of the Superior and Inferior Court, tax collector and receiver, under the same rules and regu- lations as pointed out by the before-recited act, to which this is a supplement* § 2. And be it further enacted, That tips act Is in full conformity with the before-recited act, and all acts amen- datory thereto. § 3. And be it further enacted, That the election for county officers heretofore mentioned, shall be held on the sanje days pointed out by law heretofore for county officers. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. I G. M. TROUP, Governor. AN ACT* to establish an Election District in the County of Fayette, and to punish those who may attempt to de- feat the same. Be 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 after the passing of this act, it shall and may be lawful for the general elections for Governor, members to Con- gress, members of the Legislature, and county officers, to be held at the place of holding justices' court in the ninth district of Fayette county, and at the court-house. § 2. And be it further enacted,. That one justice of the peace, or one justice of the Inferior Court, and two free- holders, may superintend the elections in said district after the said freeholders have taken the following oath :—" I do solemnly swear, or affirm, that I will faithfully superintend this day's election, and make a just and true return thereof according to law, and the best of my abilities ; So help me God." § 3. And be it further enacted, That the superintendents of said district election shall, and they are hereby required on the day of said election to count out the ballots by them taken in, and make a fairstatetnept of the polls ; and one or more of the superintendents of said district election shall meet one or more of the superintendents of the election, held at the court-house bn the next day after said electipn, which meeting shall take place, at the cpurt-house in said county, and there compare and add the returns or votes to- gether, and transmit a true statement of the same to the exe^ cutive office, agreeable to the laws of this State now in force. § 4. And be it further enactedThat if any person shall vote, or attempt to vote, at mqre than one place in said county for the same election, or if any magistrate or super- intendent of said district electron shall violate the trust confided to him by this act, such person or magistrate shall be deemed guilty of a high misdemeanor ; and on con- viction thereof before the Superior Court of said county, shall be fined in a sum of fifty dollars, or be imprisoned at the discretion of the court for a term .not exceeding ten days. § 5. And be it further enacted, That the place of the sheriff or his deputy, may be supplied by any lawful con- Who may stable at said district election ; and that said district elec- BXfthe tions shall, iri all other respects than those herein recited, fah^ne^cat be conducted in the same manner and at the same time as tions?ec is prescribed by the laws now in force in this State, regu- lating general elections. § 6. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are°lause' hereby repealed. DUNCAN G. CAMPBELL, Speaker pro'tem. of the House of Representatives. ALLEN B. POWELL, 1 President of the Senate. Assented to, December 12th, 1825. G. M. TROUP, Governor. AN ACT* to establish and regulate District Elections l>o.45i.] in the County , of Mcintosh. Be it enacted by the Senate and House of Representatives Places of of the State of Georgia, in General Assembly met, and it is elections in hereby enacted by the authority of the same, That from and ^e^Couniy immediately after the passing of this act, the general elec- tosh ° " tions for members to Congress, Goverhor, and of the Senate establlshed- and, House Of Representatives in the State Legislature, and for all county and State officers, so far as respects the county of Mcintosh, may and shall be held at the court- house in the city of Darien, and at the house of James Price, the place where Benjamin Grooms formerly lived, in Captain McCrany's district; also at the house of Lachlan Mcintosh, jun., in Captain Thorp's district. & 2. And be it further enacted, That said elections shall P6"',0,"810 iii-i i ii r be held as be held in the same manner, and under the same rules, re- heretofore, gulations, and penalties, as are pointed out in an act passed the twentieth day of December, one.thousand eight hundred and twenty-three, entitled An Act to establish and regulate district elections in the county of Telfair, Early, and Ap- plirig, and to punish those persons whb may attempt to defeat the same. § 3. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are clause' hereby repealed. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1825. G. M. TROUP, Governor. Nos. 47S, 463, amendatory, &c. X 2 AN ACT to alter and amend the first Section of an Act, [no. 452.] passed the twentieth of December, eighteen hundred and twenty-three, entitled An Act to establish Distinct Elections in the County of Telfair. Be it enacted by the Senate and House of Representatives An addi- of the State of Georgia, in General Assembly met, and ^oid!^ it is hereby enacted by the authority of the same, That from elections in and after the passage of this act, the before-recited section county, e«- shall be so construed, as to authorize the holding the elections tablished in said county, at the places of holding justices' courts in each captain's district; any law to the contrary notwith- standing. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. * See No. 480, amendatory of this Act. 164 , ELECTIONS. [no.453.] AN ACT to alter so much of an Act, entitled An Act to of laws militating against this act be, and the same are regulate the[ General Elections of this State, and* to hereby repealed^ . ' appoint the time of the meeting of the General Assem- '/ THOMAS W. MURRAY, k blu of this State, sOfar as the same requires the Elec- Speaker of the House of Representatives. tions to be held at the place of holding," the Superior ' . ALLEJN . > Courts, so far as respects the County of Hall, and to . • W( , ..., , s„Presldenl; of ,he Scnate/ amend an Act passed oh the pighth day of December, Assented to,,NoVember 29th, ^ TROUP Governor^ eighteen hundred and: twenty-three., . .< , ' ^ ' fims'to be Be U enacted,biJt1ie Senate and House of Representatives AN ACT fa establish Election Districts in the Counties [no.455, elected at of the State of Georgia, in General Assembly met, and it is . of. prrjbi Appling' and Ware, and to punish those SK""* berebyjamcted by the authority of the same,.That from and mtly atLipt to defeat .the same, ' members immediately after the passage of this act, the elections for • *, * ^ » 7 "\V « „ j rr s't> - $££? clerks of the Superior and Inferior Courts,' sheriff, coroner, /f ^nacted by the Senate and House of Representatives j*.of • arc elected, county surveyor, tax receiver, and tax collector, shall be °/'^ Stat* of Georgm, ^Generf Assembly M, ,and U elected on the day pointed out by law for county officers, hereby enacted by tie OuthorUy eftUyame, That from and a™ and to be held at the places pointed out iffthe before-recited immediately after the passage of this act, ;ail elections '•, act for members bf the Legislature, and conducted .in tte, which;,may be held for State or county officefe shall be same manner 'as contemplated by the before-recited act. held at the following jilaces,,lo wi:r in ..the coupty of Irwin , Eepcdicg § 2. And be It farther enacted, That all laws and parts at.'t,he ^art-home, at Sion Hall,,lh the twelrth district, pi ciaus^ ^ jaws miiitating against this act 'be, and the same ars> coUilty> and ^ the house ofvThomas Gibbs in the se- hereby repealed. • : ' 1 yi . ■ cond district in said county; in the>. counties of Ware and in Ware DUNCAN G' CAMPBELL, Appling, at the several plades of holding justices' courts in JSJ^ • Speaker pro tern. pftlie House of Representatives, the several feompahy districts in said counties. . ft* ' ALLEN B v POWELL § And be it further, enacted, That, it any person or violation* ■ -V ' President of the Sdnafe.. Persons shaI1 ?6te # an7,election authorized by this act, Assented to, December 17lhr 1825: > ' contrary to and m violation of;the laws of this State, he or , ' - r G. M. TROUP Governor, ^ey shall, be subject to be fined in a sum not exceeding . *l, ' ' f ' thirty dollars'-for each-and every-offence ; one-half to the ~use of the informer, and the other half to be appropriated [no.454.] AN ACT to establish Election Districts in'the County to county purposes. ' , , of Montgomery, and to punish those who may attempt . § 3: And be it further enacted by the authority aforesaid, How to j to d feat the same.. ' '- ( • , That the eleptions 'authorized by this act shall be conducted are to i* , ' ' ' \ • . ■ and superintended by one justice of the Inferior Court, or one ^ndd.uc^ Efiof jyBe lt enactedfy t7ie. Senate and House of Repfesentatiyes justice of'the peace,for the county in which the same may elections by °f the State of Georgia, in General Assembly met, and it is be held, assisted by two freeholders of the same- county, not • established hereby enacted by the authority of the same, That From and bejng candidates the said, freeholders first taking the fol- m Mont- after t^e passage of, this act, the general elections for mem-, lowing oath? to wit; -« J,, A. B.',,do solemnly swear, that I Oathofm County. ^ers of Congress, and of the Senate and House of Repre- wpj superintend this day's election, and make just and true seqtatives in the State Legislature, and all.County-and State retlini of the same to the best of my abilities;' so help ' -.officers, s,o far a3 respects the county of Montgomery,'shall me God." ' ' ' ' ~ ~ 1' ' beheldatthe court-bouse insaiff county, andat\he house * 4> And be itfurthet endcted by the authorityafar esaid, votestobe of Lewis Hall, in Captain McMillan s district, on,the other. That the persons supferintendinfr sdid election in the county cn°uHl the Oconee mer, m coun^r. . . of Irwin shall receive aud count out the votehJat the place SSac. ■ 5 2' A"-d he t'furfher enacted, That any person who.shall ,of. h'oldihg such election on the dpy appointed, for holding"" pr»L«d.. give a vote at .more than one place on the. same day, and for ,he-same; and fhesaid managers, or one of'them, shall>i.«? the same purpose, shall be fined for each and every such TOcW 0B th;e 3econd d a{tei mch yection at place of , offence in a sum not exceeding thirty dollars; oofchjtf to hoUi t|ie S|1perior Courts,'in the county afofesaid, and*" the informer, the. other half to 'the clerk of. the Inferior Court ^'4 ,he several returns,-ind certify the person or'per- SP" of said .county for county .purpeses. . ; sons who may be elected agreeably to law. " - 225W J,?i enacted, That the election so held § 5; Md be itfurther waded' by the authority aforesaid, wi».» 832? superintended by two justices of the, peace and two Th#t ,he lace and dilties of Jhe. sheHff ,of at «*• tion, freeholders, or a majority of them ; ^hich freeholder or free- gaid paction* skall be supplied/by any'lawful constable ofsU holders shall take the following oath, to be administered by said-oountms respectively ' ' ' ' o,.h. oneof the justices,in the follow jug words 1 « I,A. B, do . §.ef Mf be it faftber enacted'by t!w authority afdresaid,■»«» - • 80lem.nIJ as '¥ case, b,e) that 1That the persons superintending' the'said elecfiohs in'ttoWSS • superintend said election according to law, and make a just countids of Appling and Ware hhall repeive and count out *■», and true return thereof to the best of my ability; so help me. the votes ht each of the plaies "of such elections m the "SA ^ * . ,t ..A .7 ■ , Vnj . ... r day appointed for'holding the same;-and the said managers,thevotes" —d™' ,§ A enacted, That the presiding persons pr/0n/of ,tem shall meet „„ the Aext ,]a after such |lec. sr,d.°? •} sa|d elections shall count out the votes, taken in at said tion at th6 lacds of holdin ,he g^et^ Courts, in the ,|».,.C- elections agreeable to law, on the same day, and at the same ci>unt aforpsaidi abrl crimpare the several retnrps, md cer- several places, and make a jus.t and true statement of the ti/y tI,e p^ of. pei.sons w)l0 maJ be ejec(edb a eeable same. ^ w O-Sfo . I5- V- JOHN ABERCROMBIE, weeuite justices, at each elect on, shalf mm at the town of Wfount ■ Speaker of the House of Representatives, jiouse the Vernon, in said county, on theinext day, and compare the - v \ ' ALLEN B. POWELL day after, several election lists, and certify the person or persons so ' ' . • President of the Senate. §6. And be it further enacted, That all laws and parts J^ss®ntec' to> 11th, 182^»^ tROUP, Governor. ELECTIONS. IG5 [no.456.] AN ACT to alter and amend an Act to establish Elec- tion Districts in the County of Glynn, and to punish those persons who may vote at more than one p lace on the same day; passed the seventh of December, one thousand eight hundred and twenty-four. An midi- Be it enacted by the Senate and House of Representatives ot'TioicUng6 °f the State of Georgia, in General Assembly met, and it is ('rvim"S Ul ^iere^y enacted by the authority of the same, That from and i"ounty es- immediately after the passage of this law, all elections there-* tabiished. ap.er jje]tj por counfy pfficers, members of the Legislature, members of Congress, and Governor, shall be held at.Bruos- wick, at the head of Turtle river, at or near tfie muster ground of the 27th district company, in said county, and at the church in the island of St. Simon's. § 2. And be it further enacted> That all laws and parts of Jaws militating against this act be, and the same are hereby repealed. THOMAS' W. MURRAY, Speaker of the House of Representatives. ALLEN B. PbWELL, President of the Senate. Assented to, November 25th, 1825. G. M. TROUP, Governor. [no.457.] AN ACT to establish and regulate District Elections in • the County of Washington. Places of Be it enacted by the Senate and House of Representa- , elections in fives of the State of Georgia, in General Assembly met, totf County and it is hereby enacted by the authority of the same, That established, from and after the passage of this act, the general elections for members of Congress, and of the Senate and House of Representatives in the State Legislature, and f°r aN county and State officers, so far as respects the county of Washing- piares. ton> may anj shaii hereafter be held at the court-house in Sandersville as usual, and at the battalion muster-groutid in Captain Wood's district, and at the house of Robert Whit- field in Captain Whitfield's district; and at the house of Eli Cummins in Captain Warthen's district, and at the house of " William Buck in Captain O'Quin's district. J Who may § 2. And be it further enacted, That one justice of the tend'said peace,or justice of the Inferior Court, and two freeholders, elections. may superintend said elections at each place, after the said freeholder^ have taken the following oath : " I do solemnly swear (or affirm) that I wjll faithfully superintend this day's 1 election, and make a just and true return thereof," according ! to law and the best of my abilities ; so help me God." Votps to be § 3. And be it further enacted, That the superintendents "out on the of each district election shall, and they are hereby1 author- 1 non°audC" *ze(^' on ^ie °f sa^ election, to count out the ballots the super- by them taken, and make a fair statement of the polls; and to'meet'the one or. more of the superintendents from each of the said i after districts shall meet one or more from each of the other dis- ■ tion, at the tricts at the court-house of said county on the next day after £ouse*&c. the election, arid then compare and add the several returns together, and certify to his excellency the Governor the per- son or persons so elected, agreeable to the laws of this State ! now in force. , ' violations § 4. And be it further enacted, That if any person shall ;f punished?1 vote> °r attempt to vote, at more than one of the said election districts at the same election, or if any magistrate or super- 1 intendent1 presiding at such election shall violate the trust r confided to him by this act, such person, manager, or'magis- i trate shall be deemed*guilty of a misdemeanor, and shall be indicted (on conviction thereof) before the Superior Court of s3. And be it further enacted, That the Superintendents Required t» 7? v ' 9 / A tt fTtortrto t °f each battalion election shall, and they are hereby required, thevoug hXd?ng0f /"IT inI \ S naT an.d **ouse ' f on the day of said election, to count out the ballots by them of fe Statejfjeorgra, 'in Den,Assembl\ymet ln/and ^ke&. fotf Repent of the polls ; and one X2T* T " W,r^,h h 7.T . n XT' e magistrate or more of the superipteiidents from each of the £««. from and after the passage of this act, that all elections for 3ai| batta|ioD3 un meet one or more from each of the bat;».««» f talioiis at the eonrt-honse of said county, on the neat dayS*". . Congress, and Governor, shall be held at the district,grounds' aftW sa-. e]ec|ion> and there compare and add the several re- ^ ^ mu 4 ,• turns or votes together, and to certify to'his excellency the Violation, XffSS J/' fnd be lt flTtUr en"cted> any person who Gy ^ h |on gQ el^cted agreeable to the laws of^ punished, shall votp at more than one place on the same day, shall be • «V ,' _X- Wp - , p ^ hfffXe'7 SUChbfffnr iVh\SUi?t°Vfifty^|la';3; T. '§<»• M be it furtUr enacted, That if any per'sop'shatt half to the informer, and the other half to be paid oyer to thp ». £ - J t >(i more tban one 0f. the said elec Cleric of the Inferior Court of said county, for county pur- ,io„e'battalioh3P it jhe same election, or if any magistrate •, P0»e|* . j i u j* j7 . , ,r, , ,t , presiding at such election shall violate the trust confided to J5ar JA * Jhat W* L. bjr fbis a(it> sbdh person or -magistrate shallbe deemed , sgg" fa" bejl"P 1by,0ne]f'7 <**£ peace> OT<>"e guilty of a high misdemeanor.; and shall, on conviction ' Elections. Justice ^ the Inferior Court^nd two freeholders, or a^jnajo- t^ereyofbefore fhe Superiqr Copt of said county, be fined , r. y of them; which freeholder or freeholders sha 1 take the. f ■ huPdrejl doll and be impris0„ed at the - following oath, to be.administered by one of thd justices of ^ phh durt fir a term not exceeding ten days. o*. .t tone0 Ttum'theXof f' dTb T fthiS tri10"' "" h "A* * shall'b^hTduV^fthe iuperinfendent t, administer ih Id- God'T, ,here°ift®the be^t of myablluy; so help me t0 the b/th prescribed by law, the following oath vowi.be § 4. And be it further enacted, That ' the presiding per- ""osOlemnlyisweariCoraffirm^hahlhayenot thmjay voted «*, the day of s°us shall count out the .vptes taken af haid election dis: * ^et.on for Govern^ Senator R^rpsentative^ election. tricts, and make a true return thereof on the sapie day.,' * ^^to Congress.^^^unty o%6rs God s«r,nd- § 5. Andbeit,further enacted. That one of the justices, the place of ftejjmj 2JSS or. one of tho freeholders at eich election district, shall meet. af,e"f or 7 ^7 be mh2 fir oouu- ta> at the court-house in said county on the next day, and therb Ia"f?'VT b[e' T " • election, sha 1, tn all other.«. « 5S35*. eonsolidate the several Election lists, and. certify the said refPect? thaJ those heiein-ree,led, be conducted in the same election to his excellency^the Govemit according to law. . and at tb?. fme b7 the laws violations § 6. And be it furthdr endcted, .That if any of''the- pre! f?rc/'Kre?,u,?wI f^ct} ^ . of laws militating against this act bk, and the same arp here- Speaker ymu tem. of tbo HonSe, of Represenmtives. .by repealed. . • ?3 Pf°^f■ DUNCAN G. CAMPBELL, ' ' „ , / A ' , an,. Vnos? Gp ' Speaker pra tem. ofthe Gonse of Representatives. Asse7d 7 December 24th, 1825. • • - . .* • . • ALLEN B, TOVVELR, , G. M. TROUR, Governor, i ' President of the Senate. • ■ , • > i ———— Assented tb, December 24th, ,18^5... f,A_ ' [There is evidently an hfrbHu this act. Thp, following < . ^G. M. TRO.UP, Governor, jg the title on the hack of the act.] , . .. • . [no.46o.j an act* ta amend an Meniitlei An Act to regulate ^ ACT* t<> establish Ehction Districts in the County the General Elections in this State, so far as respects .7 of LfeCatur. ' , , the County of Burke. 1 ^ ; [In the inside the act reads as follows:] 1 [no461i] Places of ^ Beit enacted hy the, Senate and Hokiseof Representatives ACT* to estdblish an Election District in thb County ' holding r* • •„ /n. I 4 11 . 1 V •„ ^ n-p Tinriln rtnrtrf /n nr\i§/n/iQninrkQ£> ninn " G. M. TROUP, Governor. Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, . jyyj ACT to establish an additional, Electora\ District [*o.4W.j President pf the Senate. ■ in the County of Columbia. Assented to, December 24th, 1825. .. u c. ; j tt r ' a ivr . TROTTP Gnvpmnr ' Be iHnacted by the Senate and House of Representatives An m\. 1 ROUP, Governor. < state of Georgia, in General Assembly met, and it iif [no.464.1i'*tvt a™, < \ a 7,7 , 'aa~ i ' , 7 ^ x. ■ hereby enacted by the authority of the same, That from arid AN ACT to repeal an Act, entitled Ah Act to. lay off the immediately after the passage of this act, there shallLe es- er- ' twenty-second December,eeighteen hundred and tuiehty- atthe house of Holt Clantoh^' in' district No,A,,at which . .five. ' place .it fs hereby m fide legal for any peisori; entitled to a., Congres- Beit enacted by the Senate and House of Representatives vote for members pf the General Assembly of this State, in Vricts re-'* of the State of Georgia, in General Assembly met, and it is said county, to votfe a,t* thfe. aforesaid place for Representa- peaiei hereby enacted by the authority of the same, That the above- tives front .this State in the Congress of the United States, recited act be,, and the same is hereby repealed, any law to members of the Legislature, electors( to elect the President the contrary notwithstanding. / " . and Vice-President of the United States, Governorbf this ' x IRBY HyDSON, *State? and ail ci?unty officerswhich rileetions shall be held Speaker of the House of Representatives, and, conducted under the same rules, regulations, and penal- . , THOMAS STOCKS, . ties as are prescribed in a law passed at the annual session ' [ . -President oif the Senate, of the Legislature for the year eighteen hundred andtwenty-; Assented to, December 18th, 1826/ ' '• five, to establish electoral districts in Columbia county; all ' G. M. TROUP, Governor, laws br parts of laWs to the contrary notwithstanding. '<•>'. ' , • . 1 • . • •; .. IR^Y HUDSON, A ''I 7. x . - speaker of the Hpuse of \ Representatives. [no.465.] AN ACT. to repeal an Act, entitled An Act today off the ( " v THOMAS STOCKS, Counties of Erdanuel and Tattnall into Election Dis- ' ' ' • •' '1 President of the Senate. tricts, passed the ninth dgy of , December,,eighteen Assentedjta,'December ?6th, 1820. hundred andtwenty-four, so far.as respptts the County „ ' , . ' ' v G. M. TROUP, Governor. of Tattnall. . - t '•/ ' ' / , • _i_j _l'' „ ^ , District Be it enacted by the Senate and House of Representatives AN ACT* for' the division -of the CoUnty of Jefferson [no,468.] ferstea™' re- of the State of Georgia, in General Assembly met, and it is .■J- ' V, into Electoral Districts^ , 1 - L ®* i"R"RV TrtTTV^fYNl from, apd after the passing of this act, " the genef'al electiori liiDf IIU uouj, , r> ' — ro„ ' ' ~.i 1 Speaker'6f the House of Representatives. forReprfesentativ.es to Cdngress, and members of the State THOMAS STOCKS , ' LegislaturC, for Governor, and for. all county officers, so far, President of the Senatfe. ia26. , • • - . ;, G- M. TROUP,' Governor. President of the Senatfe as respects the countyAf Jefferson, may arid shall be held at .Absented to, December 26tb, 1826. . , courthouse as heretofore,'M also it the ^ house of Mr. Abnec Pope, in district-number eighty-one in said'county. , . .§ 2. And be it further enacted;K That one .justice of the who msy , . 11 g ; '' peace, or onb justice' of the Inferior Court,, and two free- [no.466.3 AN ACT to establish < and ..regulate an additional holdeis, may superintend said eiection after saidfreehdders election Election District in the County of Liberty'. . . t^en^the^foHowing oart): "I do solemnly swear moon™ r» v a j i. .i o A , vr'„ , s (or affirm) that I Will faithfully superintend, this day's elec- ESS* .f^'f^'fhaeSenale andpause ofRejkesentatwe* J;on a„, make a jus't and true return thereof, according to Sco £7 Statef. fe7Fa' !? °enerf ^emblymet,and it is ^ ^ the b t >of my .abilities j so'help me God!" • ' ' of Mb ml ',erebS enacted by iheautborUy of the same, 1 hat from and 3. irfaTtUr That ^ iriperiit^b ^ after the passmg of th,s act, the general elections for mem, or^i4 electoral districts, shall, and they ,are hereby required, Jgg. ' t Tf"; T °- ,th.e n ^ fd "ouse f on the day dft>e elect;6n' aforesaid, lo count out L ballots Si in the State Legts ature, and for all county by,them/aken in.'and maket, fair ind correct statement of ££"« ' th® P>«» 1 «nd oneor more of the superintendents from said mnltpr oround of thp «?pvpntPpnth ^ °r°qp ' .a" . a district'shall meet the magistrates or superintendents who the day rlftolo Z ocf COn" ' shal] have Presidi!d at thd election of said oohrt-ho'uso, which , j • i x u j j jx f ler ° December, one meeting shall take place at said court-house on the next day hnf'% muster-grtmnd of tL^teenthXrir '' • •** ' **" ^d ^««on, and they shall then and there compare.Siy. a a SA , t* j TL * -j i • i ii 1 and add the several returns or votes together, and certify toelecl toebe,0con- b_ i j * f mannp^anri nnrlpr^1 lon13 , his excellency the Governor the persons so elected, agreeable J"*" ^f-ldln the same manner, and under the same rules, re- tothe laws 0f this State note !„ force: ' . V _ , 4. ^ », « further enasted, That if any person shall and twenty-three, entitled "An Act to establish and, regu- • sec Act No .fn, amending this Act ■ ELECTIONS. 109 Violations vote tit mor6 than one of Said places of election for any of the Suwlei61 respective candidates at the same election, or if any magis- trate or freeholder presiding at such election shall violate the trust confided to him by this act, such person, magistrate, or freeholder shall be deemed guilty of a high misdemeanor, and shall, on conviction thereof before the Superior Court of said county, be fined1 in a sum not exceeding fifty dollars, and be imprisoned at the discretion of the court for a term' not exceeding ten days. Voters, § 5. And be it further enacted, That when any doubts doubted, shall be suggested as to the legality of any vote offered, it anaoaihke suPerintendents to administer, in ad- dition to the oath prescribed by law, the following oath, viz. oath. " I do solemnly swear (or affirm) that I have not this day voted at any election for any Senator, Representative, Go- vernor, member of Congress, or county officer; so help me God." By whom § 6. And be it further enacted, That the place of the she- rifrshpiace or his deputy, may be supplied at such electoral district may be during said election by any lawful constable ; and that the supp ie . election shall, in all other respects than those herein recited, he conducted in the same manner and at the same time as is prescribed by the laws now in force regulating general and county elections. Repealing § 7, And be it further enacted, That all laws or parts of -clause. jaws militating" against this act be, and the same are hereby repealed. IRBY, HUDSON, Speaker of the House of Representatives. ' THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. [no.469.] AN ACf* to establish and regulate District Elections in the County of Wilkes, and to punish those who may (ittempt to defeat the same. Election, Be it enacted by the Senate and House of Bepresenta-^ tabiisheVfii tives of the State of Georgia, in General Assembly met, of6 WiikeT an^ ^ hereby enacted by the authority of the same, That ' from and after the passage of this act, it may and shall be lawful to hold elections for members of the Senate > and House of Representatives in the State of Georgia, members' of Congress, and for all State and county officers, at the muster ground of the thirty-ninth battalion, and at the court-house of said county. Who may §2. And be it further enacted by the authority aforesaid, tend said That any two magistrates and two freeholders within said elections, county, .or a majority of them, may superintend said elec- .tions at each place, after said freeholders have taken the fol- lowing oath: "I do solemnly swear (or affirm) that I will faithfully superintend this day's election, and make a just and true return thereof, according to law and the best of my abilities ; so help me God." Vot6dre"b § ^n^ ^e ^ furiker enacted, That the superintendents counted on of each of said election districts shall, and they are hereby election °f refiu're^, on the day of said election to count out ballots by and the'su- them taken in, and make a fair statement of the polls ; and ents"tond" one magistrate or superintendent, from each of said election da^afterat <^str*cts sha^ meet one or more of the magistrates or super- the court- intendents of the other electional districts at the court- house. house, on the day following said election, and there compare and add the several returns or votes together, and to certify to his excellency the Governor the person or persons so elected, agreeably to the laws of this State now in force, of°this°act § 4' j4n<^ fur{her enacted, That any person who punished^ compiits, or attempts to commit, any act designed to defeat the intentions of this act, shall be considered guilty of a high crime and misdemeanor; and on conviction thereof before the Superior Court of said county, shall be fined in a sum * See Acts Nos, 478, 506, amendatory of this Act. Y not exceeding one hundred dollars, and imprisoned not cx- ceeding fifteen days, at the discretion of the court. § 5. And be it further enacted, That when any doubt When a shall arise as to the propriety of any vote offered, it shall be dof.'i.Vii.iie the duty of the superintendents to administer, in addition v|'111 l:,lke i t miii . .. i .an oath. to the oath prescribed by law, the following oath, viz. " I do solemnly swear (or affirm) that 1 have not this day oatb. voted at any election for any Senator, Representative, mem- ber of Congress, or any State or county officer; so help me God." § 6. And be it further enacted, That the place of the wim may sheriff, or his deputy, may be supplied at such elections by j^lL'tbe any lawful constable, and that said election shall in all other sheriff "t respects than those herein recited be conducted in the same iHnf""' manner and at the same time as is prescribed by the laws now in force regulating general and county elections. § 7. And be it further enacted, That all laws or parts of jj^caioig laws militating against the provisions of this act be, and the c dUlse' same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 15th, 1826. G. M. TROUP, Governor. AN ACT to repeal an Act, passed the twentieth of Be- [xo.470.] cember, eighteen hundred and twenty-three, establish- ing District Elections in the Counties of Telfair, Early, and Appling, so far as respects the County of Early; and to repeal an Act establishing an electional District in the County of Decatur. Be it enacted by the Senate and House of Bepresenta- Repealed tires of the State of Georgia, in General Assembly met, and jSatesrtobie~ it is hereby enacted by the authority of the same, That from and after the passage of this act, the above-recited act, so far as respects the county of Early be, and the same is here- by repealed. § 2. And be it further enacted by the authority aforesaid, Repealed That from and after the passage of this act, that the act ]SatesrtoDe- passed the twenty-fourth of December, eighteen hundred catur- and twenty-five, establishing a district election in the county of Decatur be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1826. G. M. TROUP, Governor. AN AWT for the division of Upson County into Electoral [uo.47i.] Districts, and to establish an additional Election Dis- trict in the County of Rabun. Be it enacted by the Senate and House of Bepresenta- District tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That "Ey of from and after the passing of this act, the general election Upson, for Representatives to Congress, and for members of the State Legislature, fot Governor, and all county officers, so far as respects Upson county, may and shall be held at Thomaston as heretofore ; and also at the house of John Robertson in district first, originally Houston, now Upson ; and at the house of Ephraim Mabry, in the tenth district, originally Monroe, now the county aforesaid. § 2. And be it further enacted, That one justice of the Who may peace, or one justice of the Inferior Court, and two free- safd'eitc-' holders, may superintend said elections, at the two last- &e. mentioned places, after said freeholders shall have taken the following oath: " I do solemly swear (or affirm) that I will faithfully superintend this day's election, and make a 170 1 ELECTIONS; just and true return thereof according to law and the l?est) held and conducted at the court-house in said county, in , . of my abilities; so help me God." * manner already"pointed out bylaw; and thb act creating soperin- § 3. And be it further enacted, That the superintendents election districts in the county of Dooly be, and the same required to °f each of the said district elections shall, and they arp is hereby repealed. - \ . count out hereby required, on the day of the election aforesaid,, to §2, Be it further enacted by the authority aforesaid, The public on theteday count out the ballots by them talcen in, and make Vfair and That from and immediately after the passing of this act, the county of" andmeeuit correct statement of the polls; and one or more of the su- site of the public buildings in said county,of Dooly be, and „^eydBer the court- perintendents, or the magistrate from each of the sai a'nd at the houge ^ john ToieSi in Captain Newby's suppiythe § Artd ^ further enacted, That the place of the district, and at^the old fortification, in Captain Pope's dis- shev^' or his deP^> may be suPPlied by any lawful c°n"1 trict, and at the house of James Hubkaby; in Captain Lowe's saideiec- stable-; and that the said election shall in other respects district. ' • - - . ' «»ns. than those herein-recited, be conducted in the same mannqr x 2. And be it further enactejd, That one justice of the Whomy and at the same time as is prescribed by thd laws now in peace> or justice of-the Inferior Court, and two freeholders, saweiet' force, regulating general and county elections. , may superintend said (elections at each place, after the said to"8- §7. And be it further enacted, That ,all laws and parts freeholders have taken the following oath l do solemnly of laws militating, against this act be., and the same are swear that I will fait.hful|y and impartially superintend this hereby repealed. t , ; ' , , , day's election, and make'a just and true return fhereof ac- tionai eiec- . § it further enacted, The general eiec-" cording to- law and the best of my abilities ; so lielp me tiondis- tion for Representatives to Congress, and for members for Q0d." * , ' wished in the State Legislature, for Governor, and all county officers, ~ x And be it further enacted, That the superintendents Superin- Su"y. 80 far/as aspects the county of Rabun, shall or may be held of each district election shall, and they are hereby autho-£"S at William Hamby. s, on War Woman creek, m the said rjzed on the day of said election to count out the ballots by countout county of Rabun; and £aid election shall be subject to all them taken, and,make a fair statement of the polls; andontbedaj the provisions of this act, so far as they properly apply to the one pr more of ;the superintendents from each of the said true meaning and intent of this section. . K districts, shall meet one br niore superintendents from,each jneetatiie ^ ^ ^ UDSON, of the other districts at the court-house of said county, on house the Speaker of the IJouse of Representatives, the next day after the said election, and there compare and THQMAS IRBY, HUDSON, Speaker ofthe House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. 1 G. M. TROUP, Governor. lxo.475.] AN ACT to amend an Act passed the ninth day of D'e- cember, eighteen hundred and twenty-four, entitled An Act to lay off Emanuel County and Tattnall into Elec- tion Districts, so far as respects the County of Ema- nuel. Preamble. Whereas, by said act it is required that a fair statement of the polls taken and made by the presiding magistrates and freeholders of each district shall be taken to the court- house by one magistrate or more of the superintendents ; for remedy whereof, fine of the Be it therefore enacted by the Senate and House of Re- ?ratesto presentatives ofthe State of Georgia, in General Assembly Court-1 ^ mei> an^ ^15 hereby enacted by the authority ofthe same, That house, from and after the passing of this act, it shall be lawful for Di)s'tricf)Ch one magistrates, or either of the superintending free- &c. ' holders from each district, to take the returns, and meet one or more of the superintendents from each of the other rjis- trictS at the court-house, and compare the said returns ac- cording to the above-mentioned act. Repealing § 2. And be it further enacted, That all laws repugnant clause, aC£ ^ an^ jhg same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, Decetnber 14th, 1826. G. M. TROUP, Governor. Y 2 AN ACT* to establish an Election District in the County [no.476.] of Warren. Be it enacted by the Senate and House of Representa- Election tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority ofthe same, That from >n Warren and after'the passing of this act, the general election for Coumy' Representatives to Congress, and for members of the State Legislature, for Governor, and for all county officers, so far as respects the bounty of Warren, may and shall be held at the court-house as heretofore, and also at the house of John McCoy, in the one hundred and fifty-first district of said county. § 2. And be it further enacted, That pne justice of the Whoshaii peace, or one justice of the Inferior Court, and two free- gafd'eiec-1 holders, may attend said election,at the last-mentioned place, t'ons. after said freeholders shall have taken the following oath, to wit: " I do solemnly swear (or affirm) that I will faithfully superintend this day's election, and make a just and true re- turn thereof, according to law and the best of my abilities ; so help me God/' § 3. And be it further enacted, That the superintendents Superin- of said election district shall, and they are hereby required, quhed'tJ6 on the day of the election.aforesaid, to count out the ballots by thern taken in, and make a fair and correct statement of the on the day polls ; and one or more of the superintendents, or the ma- andmeet"' gistrate from said district, shall meet the magistrates who at the shall have presided at the election at the said court-house, house the which meeting shall take place at said court-house pn the ^^ify next day after said election, and they shall then and there the person compare and add the several returns or votes together, and eIected'&c- certify to his excellency the Governor the persons so elected, agreeably to the laws of this State. § 4. And be it further enacted, That if any person shall vote violations at more than one of said places of election for any of the punished^ respective candidates, at the same election, or if any magis- trate or freeholder presiding at such election, shall violate the trust confided to him by this act, such person, magis- trate, or freeholder shall be deemed guilty of a high misde- meanor, and shall, on conviction thereof before the Superior Court of Said county, be fined in the sum of fifty dollars, and be imprisoned at the discretion of the court for a term not exceeding ten days. § 5. And be it further enacted, That when any doubt shall When the be suggested as to the legality of the vote offered, it shall be a vot/isf the duty of the superintendents to administer, in addition to the oath prescribed by law, the following oath, viz. " I do tohetaken, solemnly swear (or affirm) that I have not this day voted at any election for Senator, Representative, Governor, member of Congress,' or county officer ; so help me God." § 6. And be it f urther enacted, That the placp of the Who may sheriff or his deputy may be supplied at said election district, p^ofth? during said election, by any lawful constable ; and that the Sheriff, said election shall, in all other respects than those herein recited, be conducted in the same manner and at the same time as is prescribed by the laws now in force, regulating general and county elections. § 7. And be it further enacted, That all laws and parts of Repealing laws militating against this be, and the same are hereby u,a,lse' repeated. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. AN ACT to establish an additional Electoral District [no.4?L] in the County of Jefferson. Be it enacted by the Senate and House of Representatives * See Acts Nos.491.498, amendatory of this Act 172 ELECTIONS. Election Districts cf the State of Georgia, in General Assembly met, and if is sheriff, or his deputy, may be supplied by any lawful constable may 1 T .1* .1 J 7. . _ jy 1 ■ 7 . mi i J* — — ji _ A ' 1 1* _ A • _ A 1 . _ J • ] lL oi nni/1 r\ lotwini stlAnii ss n oVt oil in _. HP / established hereby enacted by the authority of the same, That from and at said district election; and that said district election shall, in sheriff', coumeriOU immediately after the passage of this act, there shall be all other respects than those herein recited, be conducted in ^eel^_ 0 Uiy' J established an additional electoral district in the County of the same manner and at the same time as i? prescribed by the uom. •' Jefferson, at the house of John H. Newton, in the seventy- laws now in force in this State, regulating general elections. ninth district; at which place it is hereby rriade legal' for § 6. And be it further enacted by the authority aforesaid, Additional any person entitled to vote for membefs of the General. That from and after the passing of this act, there shall be Assembly of this State, in said county, tbvote at the afore- established in the county of Wilkes thred additional election said place for Representatives from this State in the1 Con- districts, in addition to those already established, (o wit; county.68 gress of the United States, members of the Legisfature, one at the store of Dewberry and Scott, on the south side of electors to elect the President and Vice-President of the Littlp river; one at the house, of Charles Smith, and pne at United States, Governor of this State, and all county officers;. the house of Richardson Booker; at Which places it shall and which elections shall be held and conducted under the same may be lawful to bold elections for Senator and Representa- rules, regulations, and penalties, as are prescribed in a iaw,,.tives of the State' Legislature, members of Congress, Go- passed at the annual session of the Legislature for the year vernor, electors of President and Vice-President of the , .eighteen hundred and twenty-six, to establish electoral dis- United States* and fbr all State and county officers; which tricts in the county of Jefferson ; all laws or parts of laws to shall be superintended, managed, and conducted agreeable the contrary notwithstanding. 1 < tovthe provisions of an acti passed on the 15th day of Dfe- i IRBY HUDSON, cember* 182G^ creating and establishing an election district Speaker of the House of Representatives, in the county of Wilkes ; ,and apy person or persons violating THOMAS STQCKS, the provisions of said act shall be subject to all the pains and President of the Senate, penalties therein expressed, \ < • 1 Assented to, December 19th, 1827. " , ■ ' . \ > IRBY HUDSON,' JOHN FORSXTH^ Goverhor. * Speaker, of the House of Representatives. _ . * THOMAS STOCKS, [no.478.] AN ACT to establish additional Election Districts in the . , , , no^mtiPT sfith' l &97^reS^ent ®en^te* , 1 Counties of Fayette and Wilkes, and to punish those Asspnted I0> Vec®mDer JOHN FORSYTH; .Governor. who may attempt to defeat the same. / , ' ' _j ^ * Additional Election Districts „ „ StBXt ^eby enacted by the authority of the tame, That from and Itecwnty after the passage oi this act, it may and. shall be .lawful to 'of. Jones ' ' '• ' * hold an election for Governor, members to; Congress, , d • " t o j'tt electors of President and Vice-President, members of the ^ enacteaby the Senate and Hoyseof' Representatives Legislature, and for all county officers, at the place of hold- °J State of Georgia, in General Assembly met, and it is Districts ing courts in the thirteenth district of the county of Fayette, hereby enacted by the authority of the same, That from and in addition to the other places established by law for hplding a*ter the passage of this act, it shall and may be lawful to County ' elections in the said'county ;'also at the place of holding -hold an election at or ,near the widow Baldwin's, in Captain justices' courts in the four hundred and ninety-fifth captain's Ross s district, for Governor, members bf Congress, and of district, iri said county of Fayette. ' - the Senate and House of Representatives in the State Le,- Who may § 2. And be it further enacted, That one justice of,the gisl^ture, and for all county officers, so far, as respects the tendVhe peace, or one justice of the Inferior Court, and two free-' 90llnty Jones. > ; ejections holders, may superintend the elections in said district, after § 2. And be it further enacted, That the elections to be SMbera- District, the said freeholders shall have taken th'efollo wing oath « I , held at the place aforesaid shall be superintended in like ed as now do solemnly, swear that I will faithfully and impartially manner, uhder the same restrictions, with like penalties, and ^ superintend this day's election, and make a! full and. true re- returns made in like'manner, as is. pointed out in the out,! turn thereof, according to law and the 'best of my abilities; Provisions of the before-recited act, to which this is amend-; so help me God." ' , . atory- ," , , " - ' ' / , The super- §3. And be it further enacted, That the superintendents v And be it further enacted, Tliat all elections for ofsaid "^ of said district election shall, and they are hereby required ^lectbrs of President and Vice-President of the United and vice- slfau'count 011 of said election, to, count out the votes by them ^ates, shall be held in the several election districts in said ^r®sic'ent' out the°un taken in, and make a fair statement of ,the polls; and one or co,mty. , > . v. • ■ theday'of more of the superintendents of said district election' shall § 4- And he i* father enacted, .That all laws or parts of eiBction, meet one or more of the superintendents of the election held iaws militating against this act be, and the same are hereby attheeet at the court-house and at the other district elections, oh the rePea^eJ* house'the next day after said election, which meeting shall be herd at '' . IRBY HUDSON, . dVafter, the court-house in said county, hnd there compare and add >■ Speaker of the House of Representatives. mlrands!&ce *he returns or votes together, and transmit a true statement THOMAS STOCKS, , of the same fo the Executive office, agreeable to the laws of • President of the Senafe. the State now in force. ' v Assented,to, December 24th, 1,827.. vioiatinns § 4. And be it further enacted, That if any person shall . ' JOHN FORSYTH, Governor. pS»edaW vote, or attempt to vote, at more than one place in said "TA/W , , ' . . ' . i«u county, for the same election ; or if any magistrate or super- -^N ,AU1 to amend an Act to establish and regUlate intendent of said district election shall violate the trust to District Elections in the Qounty of Mcintosh, passed him committed by this act, such pers.on or magistrate shall the seventh day of December, 1825. be deemed guilty of a high misdemeanor, and on conviction Be it enacted\y the Senate and House of Representatives Shouidthe thereof before the Superior Court of said county, shall be ' of the'State of Georgia, in General Assembly met, and it is C'Sn fined fifty dollars, a(nd be imprisoned at the discretion of the hereby enacted by the authority of the same, That from and 'hTout? court for a term not exceeding ten days. immediately after the1 passing of this act, it shall be the duty iu>use"n § 5. And be it further enacted, That the place of the of the magistrate presiding at any of the election districts, tending ELECTIONS. 173 freeholder to attend at the court-house on the day after the election may do bo. &t which h(J may preside> as prescribed by the above-recited act, for the purposes therein mentioned ; Provided, never- theless, That if the presiding magistrate should refuse, neglect, or by any other means fail to convey the returns of any election at which he may preside, that it shall be lawful for one of the presiding freeholders to do so, and to certify the general return. ^ompensa- §2. And be it further enacted, That the sum of twelve othe per- and a half cents per mile from the place of election to the j on auend- court-house be allowed to the presiding magistrate or free- ™ou?t-,he holder of any district election, for conveying the returns to ouse, &c. the Court-house, to be paid by the clerk of the Inferior Court of said county, out of any county funds that may be in his hands. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 4th, 1827. JOHN FORSYTH, Governor, jo.481.] AN ACT to establish an additional Election District in the County of Elbert. naddi- Be it enacted by the Senate and House of Representatives !nD^eC~ of the State of Georgia, in General Assembly met, and it is shed in hereby enacted by the authority of the same, That from and ben m after the passage of this act, an election district shall be es- 'unty- tablished at Ruckersville, Elbert county, for the election, of Governor, members to Congress, and of the Senate and House of Representatives in the State Legislature, and for all county officers ; which elections shall be superintended and conducted in the same manner as is prescribed in an act en- titled " An Act to establish Election Districts in the county of Elbert, and to punish those who may attempt to defeat the same," passed the seventeenth day of December, eighteen hundred and twenty-five, IRBY HUDSON, Speajker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1827. JOHN FORSYTH, Governor. ii , 3.482. J AN ACT to establish an additional Electoral District in the County of Habersham. addi Be it enacted by the Senate and House of Representatives aDh!-ec of the State of Georgia, in General Assembly met, and it is ned in hereby enacted by the authority of the same, That from and ier- m immediately after the passage of this act, there shall be esta- n* blished an additional electoral district in Habersham county, at the house of Joshua Sutton ; at which place it is hereby made legal for any person entitled to vote for members of the General Assembly of this State in said county, to vote at the aforesaid place for Representatives from this State in the Congress of the United States, members of the Legis- lature, electors to elect the President and Vice-President of the United States, Governor of this State, and all county officers, which elections shall be held and conducted under the same rules, regulations, and penalties as are prescribed by law; all laws or parts of laws to the contrary notwith- standing. IRBY HUDSON, Speaker of the House of Representatives. Thomas stocks, President of the Senate. Assented to, December 19th, 1827. john forsyth, Governor. •483.] AN ACT to amend the several Acts relative to the esta- ! blishment and regulation of Election Districts in the ' County of Gwinnett. • Be it enacted by the Senate and House of Representa¬ tives of the State of Georgia, in General Assembly met, and it New eiec- is hereby enacted by the authority of the same, That from and Siesta- after the passage of this act, there shall be election districts established at the house of David Watkins, in Captain WUme ' Woodruffs district, and at the house of Samuel Borne, the place of holding justices' court, in Captain Strong's dis- trict, in said county. § 2. And be it further enacted, That all elections for Elections Governor, members of Congress, and members of thea° safdbeld State Legislature, and county and militia officers, be, and PlaceB- they are hereby required to be conducted at said place, and at all other election precincts in said county, subject to the same rules and regulations as are provided to govern other election districts in said county. § 3. And be it further enacted, That so much of said acts to which this is amendatory, aS establishes an election dis- is amenda- trict at the house of John Humphrey, in said county, and all repeaTedf** laws or parts of laws militating against this act, be, and they are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1827. JOHN FORSYTH, Governor. AN ACT to establish an additional Election District CNO*484.] in the County of Pulaski. Be it enacted by the Senate and House of Representatives ^{j.™ of the State of Georgia, in General Assembly met, and it is tabiishedin hereby enacted by the authority of the same_, That from and immediately after the passage of this act, there shall be esta- blished an additional election district in the county of Pu- laski, at the place of holding the justices' courts in Captain Anderson's district; at which place it is hereby made legal for any person entitled to vote for members of the General Assembly of this State, in said county, to vote at the afore- said place for Representatives .from this State in the Con- gress of the United States, members of the Legislature, elec- tors to elect the President and Vice-President of the United States, Governor of this State, and all county officers j which election shall be held and conducted under the same rules, regulations, and penalties, as are prescribed in a law passed at an annual session of the Legislature for the year eighteen hundred and twenty-five, to establish election dis- tricts in the county of Pulaski, all laws or parts of laws to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1,827. JOHN FORSYTH, Governor. AN ACT to establish an additional place of holding [no.485.] Elections in the County of Tattnall. Be it enacted by the Senate and House of Representatives An addi- of the State of Georgia, in General Assembly met, and it is uondis-60" hereby enacted by the authority of the same, That from and after the passage of this act, it may and shall be lawful to Tattnall hold elections for members of Congress, and members for County- the State Legislature in the State of Georgia, for Governor, and for all other State and county officers, at or near the mill of Aaron B. Strickland, and at the court-house of said county. § 2. And be it further enacted by the authority aforesaid, Who may That any two magistrates and two freeholders, or a majority tend "aid of them, in said county, may superintend said election at elections, said place, after said freeholders having taken said oath, as follows : " I do solemnly swear (or affirm) that I will faith^ 174 ELECTIONS. • fully superintend this day*? election, and make a just and . § 2. And be it further enacted, That all general elections Where true return thereof, according to law and the best of my abi- for Representatives' to Congress, electors of President and coumjjf1 lities; so help ine God." ; ; Vice-President of the United States, and for members of the Pita. Superin- ' § 3. And be it, further enacted, That the superintendents State Legislature, for Governor, and all county officers, so required to of said election shall, and they are hereby required, on the far as respects the county of Pike, may and shall be held at count out jay of said election, to count outjballpt's by them 'taken in, Zebulon, as heretofore, and at the house of Mr. Bond, the oiTtheday and make a fair statement of the polls ; and one.magistrate place of holding muster and justices' court, in the third dis- andtheda*' or soporinteodrint frbm said election shall meet one or more trict; and at the house of. Mr. Johnson, the place of holding thereafter^ of the,magistrates or superintendents of the other election muster and justices' court in the seventh district of origin-- the court-' at the court-house, on the day following said election^ and ally Monroe, now thefeoutity of Pike. . • house, &c. (here compare and add the returns or votes together, and to § 3. Arid'be it further enacted by the authority (foresaid, WboBjy Certify tp his excellency the Governor-thepprsomor persons That one justice of the Inferior Court; or one justice df the 3^ 60 elected, agreeable to the laws of this State now in force, peace, and two freeholders, shall and may be competent to Repealing §4. And be it further enacted, That all laws and parts of - superintend said elections,'said freeholders first, taking the clause. ]aw^ miiitating against the provisions of this act be, and the following oath, before any justich of the Inferior Court or same ?ire hereby repealed. justice of the peace, to,-wit: " I, A. B., do solemnly swear Supeno. IRBY HUDSON; that I "will.faithfully and impartially superintend this day's Speaker of the House of Representatives^ election, and make' p just.and true return thereof to the best oath. THOMAS STOCKS; ,of my abilities ^ so'help me God." > • . , President of the Senate.' § 4. And be it further enacted by the authority aforesaid, To meat Assented to, December 19th, 1827. , _V That one or more of said superintendents from 'the seVeral £5 • ^ ' JOHN FORSYTH. Governor, precincts shalLmeet at the court-house on the day succeed- [no.486.] , ,— . ing said election,, and there compare the several returns, AN ACT to alter and amend the first section of an Act, and certify to his excellency the person or persons elected. passed twenty fourth 'December, eighteen hundred And § 6. And be it further enacted by the authority aforesaid, o twenty-five, to regulate the General Elections in this That any person or persons voting, or attempting to vote, at Where . State, so far as respects the• County of Burke, / > ' than one place on the same day, shall pay a fine of one gi»- shaube8 Be it enacted by the'Senate and House of Representatives; hundred dollars, and be imprisoned at the discretion of the County ofQ of the State of Georgia, in General Assembly wet, and it U cou?t havin£ competent jurisdiction of the same. Rurke.. hereby enacted.by the authority of the same,' That from and § 6 JS4. nd be it further .enacted by the. authority (foresaid, Whom] after the passage of this act, that all elections for Governor, - That the place of the sheriff at said elections may be sup-g^, members of Congress, and of the Senate apd House of Re- plied by , any-lawful constable, any Jaw to the contrary not- *»■ - preventatives in the State Legislature,.and for all county withstanding., . • • officers, td wit, the clerks of the Superior and Inferior v , , IRBY HUDSON, , Courts, sheriffs, coroners, surveyors, receivers and collectors' , Speakqf of. the House of Representatives, of taxes, may and shall be hereafter held at Waynesborough, 1 ^ THOMAS STOCKS, in-the county of Burke, and at each of the battalion muster- ; , -. ' President of the Senate, grounds in ^aid county, any law to the contrary notwith-r Assented to, December ,24th,. 1827. standing. IRBY HUDSON, . ' ^ JOHN FORSYTH, Governor. Speaker of the House of'Representatives. s . . 7 . . ( ' ' ' THOMAS^ STOCKS; AN ACT to alter and amend an Act, entitled An Act 1 President of the Senate. to alter the time of holding the Elections for County Assented to, December 18th, 1827. - , Officers in this State,passed the sixteenth of. December, JOHN FORSYTH, Governor. eighteen hundred and eUvenso far as respects the ———-r . ' Counties of If enry and De Kalb. [no.487.] AN ACT* to establish and regulate District Elections Beit enacted by the Senate and House of Representatives placed in the .Counties of Early, Lee, and Pike.. . " of the State of Georgia,in General Assembly met,andby the district"es- ^ enacte(^ by the Senate and House of Representatives authority of the same it is hereby enacted, That • all elec- tabiished in °f the State ofGeorgia, in General Assembly met, and it is tions for sheriffs, clerks of the Superior and Inferior*Courts, andPike!6' enacted by the authority of the same, That from and county surveyors, coroners, tax-collectors, and receivers of after the first Monday in January next, that all -elections for tax returns, so far as respects the county of Henryi shall be (governor, members of the Legislature, membprs of Con- held at the times by law prescribed, and at the town of gress, electors to. vote for President arid Vice-President of. McDoriough, at the house of John Lovejoy,in the 12th dis- the United States, and all county officers in the county of trict, and at the place of holding justices' courts in the Early, shall and may be held at the following places, exclu- 526th district of Georgia militia (the places of holding gene* Where sive of the court-house, to wit, at the house of Richard ral elections in said county). ' Early™ Grimsley, in Captain Wilson's district; and at the house of § 2 .And be it further enacted, That all elections for any T6** Mrs. Elizabeth Porter, in Captain Haine's district; and at of the'aforesaid officers in the county aforesaid shall be hereto- Sin the, Ambrous H. Perry's, on Spring creek. fAnd all elections opened, held, and conducted in the same mariner as is by JjJJJ' county of for Governor, members to Congress, electors to vote for Pre- law prescribed for holding elections for Governor, members entsto^ Lee' sident and Vice-President of the United States, members to of Congress and of the State Legislature in said county; and the State Legislature, and for all county officers and militia that said managers shall meet at the court-house on the day to™*1* ip and for the county of Lee, shall and may be held at the following, and. compare and add the votes, and declare the following places, to wit: at the house of Axum Webb, in the persons elected, in the same manner to all intents as is pre- first district; at the house of M. Hunt, in the sixth district; scribed in the case of members of the State Legislature, at the house of Overton Cosby, in the twenty-second dis- § 3. And be it further enacted by the authority aforesaid, trict; at the house of Daniel Little, in the sixteenth district; The elections for the aforesaid county officers of the county of and at the house or place of holding the Superior Courts in of De Kalb shall be held on the first Monday in January next, the said county of Lee. arid at all subsequent times, at the places hereinafter men- f f ,. tioned, to wit: at the court-house, in the town of Decatur; See Acta Nos. 499 and 512, amendatory of, so far as relates to Pike CountV. , ., ', e • tt n, ' v . • . nf f see Act amendatory of, No. 524. ' at the house of Mr. 1 am, in Captain Howell s district; at ELECTIONS. 175 George's store, in Captain Harris's district; and at the place in Captain Sission's district generally known by the name of Crown Point. § 4. And be it further enacted, That the general elections in and for said county shall be held at the places aforesaid, and conducted in such manner as is now prescribed by law, any law to the contrary notwithstanding, pealing § 5. And be it further enacted, That all laws and parts of LUSe' laws militating against the true intent and meaning of this act be, and the same are heVeby repealed. JllBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1827. JOHN FORSYTH, Governor. t o.489.] AN ACT* to divide the Counties of Carroll andCoweta into Electoral Districts; and to add a certain part of the Cherokee JStation to the Counties of Carrol and De Kalb,fop, the purposes of giving criminal juris- diction to the same. >tion Be it enacted by the Senate and House of Representatives ■ IshedTn °f &iate °f Georgia, in General Assembly met, and it is IL County hereby enacted by the authority of the same, That in future, J 'arro11' the general election for Representatives to Congress and the State Legislature, for Governor, for electors, and all county officers, shall be held at the places where they are at present held in the above-recited counties, or which may hereafter be established as the court-houses of said counties ; and in addition to those places, there shall be established the fol- lowing electoral districts in the county of Carroll* to wit: one in the first district, at the present place of justices'- court; one other in the eighth district, at the house of John Robin- son ; and one other in the fourth district, at the place called Mcintosh's. e of § 2. And be it further enacted, That there shall be esta- ua° blished in the county of Coweta the following electoral dis- tricts, in addition to the present place of holding the general election, to wit: one at the present place of holding justices' courjt, in the first and sixth districts of said county; one at the present place of'holding justices' court in the second and third districts of said county; and one'at the present place of holding justices' court in the ninth district of said county. 1 may § 3. And be it further enacted, That one justice of the usaid peace, or of the Inferior Court, and two freeholders, may 0U3- superintend said elections at the electoral districts aforesaid, after said freeholders shall have taken the following oath, to wit: " I do solemnly swear, or affirm, that I will faithfully superintend this day's election, _and make a just and true return thereof according to law and the best of my abilities ; ' so help me God." in- §4. And be it further enacted, That the superintendents 5'"®" of each of the district elections shall, and they are hereby l&c re(lu're^» on day °f the election aforesaid, to count out e day the ballots by them taken in, and make a fair and correct ineet"' statement of the polls; and one or more of the superin- tendents, or the magistrates from each of the said districts, i'"the shall meet the magistrates who shall have presided at the ^ter> places where the elections are now held in each of said counties, or where the same may be hereaftbr held as the court-house sites of said counties ; which meeting shall take place at said court-house on the next day after said elec- tion, and they shall then and there compare and add the several returns or votes together, and certify to his excel- lency the-Governor the persons so elected, agreeable to the laws of this State now in force. * See Act, No. 499. § 5. And be it further enacted, That if any person shall Offence* vote at more than one of said places of election for any of punish the respective candidates at the same election, shall violate meMt- the trust confided to him by this act, such person, magis- trate, or freeholder shall be deemed guilty of a high misde- meanor; and shall, on conviction thereof before the Superior Court of said county, be fined in a sum of twenty dollars, and be imprisoned at the discretion of the court for a term not exceeding three days. § 6. And be it further enacted, That when doubt shall The legaii- arise as to the legality of any vote offered, it shall be the Sowterted! duty of the superintendents to administer, in addition to the oath prescribed by law, to wit: "I do solemnly swear, or affirm, that I have not this day voted at any election for any Senator, Representative, Governor, member of Congress, elector, or county officer; so help me God." § 7. And be it further enacted, That a constable shall AcmsuWc officiate at said district elections in the Same manner that [heystoiff the sheriff, or his deputy, does at the other general elections. § 8. And be it further enacted, That all that portion of a part of the Cherokee nation lying within the following lines shall nation be attached to, and considered as a part of" the county jj^eiknto Carroll,, for the purpose of giving criminal jurisdiction to herein pre- said county of Carroll, under the several laws heretofore j^j^to passed for the trial of offences committed in the Cherokee Carroll or Indian nation, to wit: beginning at Buzzard Roost, and and the'eri- running thence on the old path that, leads to one Sally Hughes's, thence on the main public road to- the Georgia extended line, dividing Georgia from Alabama, and thence on that °an,re*he line to where the same intersects the county line of Carroll. § 9. And be it further enacted by the authority aforesaid, Another That all that portion of the unlocated territory of this State Ef{|£dded lying north of the aforesaid line, and south of the Hightower °f Trail, be added to the county of De Kalb, for the purposes f0r the pur- of criminal, jurisdiction; and that all crimes and misde- meanors committed on any part of the aforesaid territory, by risdiction. or against any citizen of this State, of the United States, shall be cognizable and triable in the aforesaid county of De Kalb. § 10. And be it further enacted, That all laws or parts Repealing of laws militating against this act be, and the same are clause- hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1827. JOHN FORSYTH, Governor. AN ACT to repeal an Act, entitled An Act far the di- l>o<490-3 vision of Upson County into Electoral Districts ; and to establish an additional Election District in the County of Rabun, so far as regards Upson County. Be it enacted by the Senate and House of Representa- The Eiee- tives 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 passage of this act, all elections peal*/ for Governor, and members of Congress, and all county and State officers that the citizens of said county are entitled to vote for, shall be held and conducted at the court-house in said county of Upson, in the manner already pointed out by law ; and that so much of the above-recited act as relates to the county of Upson be, and the same is hereby repealed ; any law or parts of law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1827. JOHN FORSYTH, Governor. 176 ELECTIONS. [no.491.] AN ACT to establish additional Electoral Districts in perintendent of said district election shall iiolate the trust the Coufity of Warren. to him committed by this act, such person or magistrate .4* «* *»" ofRepre^e, ■ £d bhshed additional electoral districts in Wdrren county, at , ^ ■„„, l:0 av,Q1i Ko cunnlipd bv anv lawful con- the«»«nr» thel^ of B™S. Harri™, or at U^e wh^at , c°a|r f0r the °ne/?,t,dred T ®,ft'e.th d,'3lnct °I S in p other respecl than those herein reeited, be con- KJ. Wilh,n££™ A may / h;ld,en '/In at- 5e/?^Se of .ducted in the same manner and at the same time, as is pre- the o„eimndred and fi ty.ninth dlstr,et,or /uc . ^ ,awa now in force , this .State regulating wherever the court shall be hereafter held in said district; &w*uer- |__t:ong, , 1 ' and also at the house of Solomon Newsoin in,the one hurl- Senera e ' . i > IRBY HUDSON dred and fiftieth district, or wherever the court shall be held ' ' * Sneaker of the-House of Representatives, in said district m conformity to law ; at which places it is - THOMAS STOCKS hereby made legal for any person entitled to vote for meiji- ' • ' - President of the Senate bersof the General Assembly ofthis State, in said county, to Assented to, December 17th, 1828. vote at the aforesaid place for Representatives in the Con- - N - • JOHN FORSYTH Governor, s gress of the"United States, members of the State Legisla- , ' ■., . ' . ture, electors to elect the President and Vice-President of - ■ . the. United States, Governor of this State, and all cqunty AN ACT io establish and regulate District ^Elections [no.493,j 4 officers. 1 in the County of Talbot, and to punish those who may ductifdac" § 2* And be it further enacted, That said elections shall attempt, to defeat the same. shr' ,b!-heId in f6 samf .mannf and ?ame ru,ds' "S"- Be it-enacted by the'Senate and Hmlee cfBepresmtatm, ma heretofore 10"s'an • ' tended peace, or a justice of,the Inferior Court, and two freeholders, § 3! And be it further enacted by the authority afore- Req°i*J elections, may superintend the elections in said districts, after the said said, That the superintendents of each district "election ^ylf# freeholders shall have .taken the following oath; "I do shall, and they are hereby required on the day of said elec-'wM^ solemnly svvear that I will .faithfully and irhpartially superin- tion, to count out the ballots by. them taken in, and make a the wis tend this day's election, and make a full and fair return,; fair statement of the polls ; and one justice of t,he"peace thereof ^according to law and the bestof my abilities ; so of the Inferior Court, or more of the superintendents from help me God." v each of the said districts,, shall meet one or more from each ou Superin- i § 3. And be it further enacted, That the superintendents of the other districts at the cdurt-house,[or- place of holding retired to ^s^ct election shall, and they'are hereby required the Superior Courts and ,all other public business in and counrout0 ontHe day of said election, to count out the votes by them for said county, on the ensuing day, and there compare and oifthe'day taken in, and make a fair statement of the polls; and one- add the several returns or votes together, and to certify to of election,; or more of thfe superintendents of said district election, his excellency the Governor the persons so elected, agree- tend at the ghall meet one or more of the superintendents of the elec- able to the laws of this State now in force, house the tlon at court" house in said county, on the day after § 4. And be it further enacted by the authority aforesaid, Rafter? the election, and there compare and add the returns of votes That any person who shall commit, or attempt to commit, &c' together, and transmit a true statement of the same to the any act designed to defeat the intentions of this law, shall executive office, agreeable to the laws of this State nowuii be considered guilty of a high crime and misdemeanor, and force. 1 on Conviction theteof shall be" fined in a sum not less than offenees, § 4. And be it further enacted, That if any person shall one hundred dollars, and imprisoned not less than ten days, and their vote> or attempt to vote, at more than one place in said at the discretion of the court. wen?" county for the same election; or if any magistrate or su- § 5. And be it further enacted by the authority aforesaid, ELECTIONS. 177 When n Thai when any doubt shall be suggested as to'the propriety bediffd, of* any yote offered, it shall be the duty of the superintend- in < t'i 1 li amIm > .1 i -v ' i 1 ^ . 1 .1! 4-C ^ 4-y-v +l\/\ /vot n J\wrtP/»vi kn/i kit >ath shall be taken. Who may said elec- lions. 4 Repealin; clause. ents to administer, in addition to the path prescribed by law, the fbllow.ing oath ; J.' I do solemnly .styear,1 or affirm, that I have not thi? day voted at' any election for any Sena- tor, Representative, member..for Congress, or xourtty offi- cer1; sa help'me God." , . § 6. And be it-further efiactedby the authorityaforesaid, 11'iSoXfe That the duty of the sheriff, or his deputy* ftiay be supplied sheriit at at such • elections by -any lawful constable, and that hll elec*. tions requiring the vote of the said county, may-.and shall be held at the said election districts, and that' said election shall, in all-pther respects than those herein recited, be con- ducted in the same'manner and at-the same.time as is per- milted by foe laws now in force {regulating general and county'elections. . § 7. And, be it further enacted by the author it y.aforf said, ( That afl laws and parts of lafrs heretofore* passed which ' are contrary to the principles of this act be, anp they are hereby1 repealed. • . ' - . , IRBY HUDSON,/ Speaker pf the House of Representatives. .• thoMas stocks; ' President of the Sehafp. Assented to, December 19th', 1828. ' ' •/ .JOHN FORSYTH, "Governor: , >0.494.] AN ACT to establish an additional Electoral District in the Coitiitif of Rabun. \n addi- he it enacted by the Sc)iate■ and House ofx.Representa-• -!on distdct. tivc$ of the. §fq.t6 df Georgia, in, Gentral Assembly met, and bounty of ** 25 hereby enacted by the authority of'the same, That from, iabun. and immediately after the passage of this act, there sha.ll be . established an'additional electoral district'in the county of Rabun, at the house, of Alexander- Kells,' on Talloola ; at which place it is her.eby m^def legal for all persons entitled' to a vote for members of the General" Assembly of this passage of this act, thel-e shall be an election district established at the house of John Chojce and Company, the place of holding justices) court in Captain Everett's district, in Gwinnett county. § 3. And be it further enacted, That all elections for a place Governor, members of Congress, and members of the State 1 Legislature, and for electors of President and Vire-Presi- ommy ot dent, and county and. militia officers, be, and they are hereby in ad lilinii 'required to be conducted at said place, and at till other elec- si'!!- 'tion precincts i'fi said county, subject to the same ntles and J>ii ii'"i regulations as are provided to govern election districts in said county. . . . IRBY HUDSON, Speaker of the House of Representatives. ' THOMAS STOCKS, ( ' • President of the Senate.. Assented to,' December 20th, 1*828. . ' - JOHN FORSYTH, Governor. AN ACT to amend the first Section of an Act to amend OjAw.j 'an Ac/, entitled An Aet to regulate' the Genefttl flee- tions in this State, and to appoint the time of the meet- ing of the General Assembly, so far as the same requires all (general Ejections to be held at the place of holding the Superior Courts, and, to alter the manner of holding the Election of County Officers, in the Comities of • Franklin and Habersham, passed December twenty- '■ fourth, eighteen hundred and twenty-five, so far as to include in said first - Section, Justices of the Inferior Court and Electdrs of President and Vice-P.residenl of - the. United States. ' * Be it gnacted by the Senate and House of Representatives Trie Act| of,the State of Georgia, iti General Assembly met, and it is hgreby enacted by the authority of the same, That the first section of therefore-recited act be, and is hereby so amended justice" of i as fo include justices of the Inferior Qourt, .and electors of State, in'said county, to vote at the aforesaid place for.'Re- President aUd Yice-Presidfent of the United States, who shall r>resRntativ.es from this State in the -Cono-ross of fhe-TTnife'd hereafter be elected under the provisions pf said act. "§2. And be-it farther .enacted, That all laws and parts Repealing of laws militating against thi^ act be,- and the- same are cld'1''e- hereby repealed. ' . • * r' ' IRBY HUDSON, Speaker of the HoUse of Representatives. ; / ' THOMAS STOCKS, ' " ' President of the Senate. Assented to, December 8th> 1828. prqsentativ.es from this State in the Congress .of the-United States, member^ of the Legislature, .electors to" elect the President, and YfoeiPres'ident of the United States, Governor of this-State, and all coun'ty officers ; which election shall be held and conducted under the .same, rules, regulations, and penalties as are prescribed 'by law; all laws or parts * of laws to,.the c'pntrarv notwithstanding, - . . ; -V - ■ IRBY HUDSON, ' Speaker of the House of Representatives. * - THOMAS STOCKS, President of the Senate. Assehted to, December 16th, 1-828. ' ' r * • ' * • JOUN-FO&SYTHi Governor. JOHN FORSYTH, Goverr : no.495.] AN tACT icr repeal so much of the first Section of an. Act, ■ " passed the 'eighteenth day of December, eighteen hun- 1 dred and. twenty-seven, entitled An Act to amgnd. the j several Act's relative to the Establishment and Regula- 1 tion of Election Districts iti the County of Gwinnett, aC relates to the Establishment of an Election District at 1 the house of-David Watkins, in Captain JVoodtuff's 1 District,'and to establish an Election District at tjie house of Johp,• Choice and (jo. , v AN ACT to alter and'amend the first Section of an Act, [no.497.] entitled An Act to carry into effect the fourth and, ' fifbhSectffins of the third-Article of the Constitution of the State 'of-Georgia* 'so far as the same relates to tlie Election of'Justice# of- the Inferior Courts within the County of Henry. Be it enacted by-the Senate and House of Represehta- justices of tives of the State of Georgia, in General Assembly met, {l^/^Tbe and it is hereby exacted by the authority of the same, That hv in future all-elections for justices of the Inferior Courts of the county of Henry shgll be at the times prescribed by the 1,1 uuiry.- before-recited section, and shall be held at the' town of ij,l! part of le recited rt of McDonough, apd at the house of John Lovejoy,. in the Bd it enacted by the Senate and House cf Representatives twelfth district, and at the place of holding justices' courts in (f the State of Georgia, in General Assembly me}, and it .is the,five hundred and twenty-six'th district company of Georgia .hereby enacfcdby the authority of the'same, That from ah'd militih, and shall be opened,- held, and conducted in the after the passage'of this .act, so much of the, first section of same manner .as is now by law prescribed for members the above-reeded act as relates to tlm establishment of an of the General Assembly, sheriffs!, clerks, and other county election district at the house of David WatkinS, in Captain officers witbin the county aforesaid. 'Woodruff's district, be, and the same is hereby repeale'd. § 2. And be it further Enacted, That any. thing in the Repealing <$ 2. And be it fugtheV enacted, Tfiat'frohi and aftei: the beford-recited section, and all laws or parts of laws mili- clai,he- " " ' ' Z * ' . " ITS ' , EJECTIONS.', tating against the true intent and meaning of this flct he,.arid Cheque, in .said, coupty of Coweta ; : and. at. the ,house .of ( the same are hereby repealed.-. ^ Robert YoUng,instead_of the house of Mary Mullins, in the • ' ■ *IRBY HUDSON, codnty of Hallf in, addition4 to th^otb.er.^apes established' . * Speaker of the House of Representatives. by la vy for holding elections in- saidj&un'ties.', v ' .. • THOMAS STOC.RS, - -And be it further enacted, That pne justic? of the Wh«ma, ^ , 1 •. President.of the S^hater/ pealCe, or'justice of the Inferior Court, and two fre'eholders, Assented to, December 17th, 1828. ' . * maysuperintendthe elections'in said districts, after the said ik>m. JOHN. FORSYTH, Governor- freeholders .shall have .taken the following oathj viz.^1 do freehold- • , • • solemnly swear that I will faithfully' and 'impartially super*®1'®0?"1- [no.498.] AN ACT to amend an Act, entitled An Act to establish, 'intend this day's election, and make-a full and true return.. additional Electoral pistricps in the County ofWarrefi. thereof according to-law and to the, best of,my abilities; Additional Be it enacted by the Senate and House of Representatives so P,0(*V, >' j.,; s J. i j rnL- *:,li i -otir>u,;n,n„jaB,n 0 diluict&es- of the State of Georgia^ in General Assembly met, and it § 3. Andbe i j e e ac e , a t [ .P tenS're. SKS, &reby enacted by the authority of the That from arid Of said elections shall, and they ar? hereby required on (hadaySr CounTy! immediately after the. passage of this' act, there shall.be esta- °C saiJ election, to coun ou a e vo es y, Jj™ a . Wished additional eleitofaVdistricts in the comrty of War- make a fa'ritat^en't "t"TH' ■* * lln J"7 "tUS* ■ fen ; one at the house of tBerriman --S/ Harrison* or' at. the th? superintendehts of said district elections' ?hall jdeet one d ^ place whereat the justices' courts for the one hundred ^nd or, more'of the superm en en, s- r a i r fIS" LfterIt the firty.fifth district of the Georgia, militia ma, be holfidn ■' also *•*».,01 Pla^T , ^ ^ T'-f, u Whf' 7k tSU at the house ofBenoniRjland.in-theon^Jinndretf-and fiftyr ?»ld e^0110"', whl°h meeting shall.be held atffiecou^hotae ' first district, or wherever the jnsticris' ''court maybe. here- lO'each county, and there add and, compare the several re- after holden "in said -district, also at ithe hoihlSTdf Willis tu,rn,foS T°«" «<***?' aS? W""? » tr,uef,sta.leme?' Darden, in the. one, hundred and . fifty-nirith' district, ,or the executive.ofljce, agreeable to the laws of • wherever the, justices? court may.be hereafter holden in said « -1! Dj°T ' « * a mKo. ie ' „ na \ „ district-; and at the house of SotomQn'Newsom, in theftS ' §>/*» be U further enacted, That tfanyperhoq shall hundred and fiftieth district, or wherever the justices' Court. Vo,e! - '■ tors to elect the President and Vice-Preadeht pf the United i*-.M4 be ti further enacted, Thai. the place..of the »w States, Governor of this.'Stath,: jnilitia. officers, and aU ahpriff, .or his deputy,.ma,;be supplied by any. (awful.confgS'rt coiintv'officers' " * i.. . ^ staible at sard district elections ; and that said district elec-Siieflff' To be'Kua' § '2; 'And be it futihet enacted by the'authority, aforesaid,' «ioV'shall in, all other resjlerits beheld and. condutJIediri the SJS5 That said elections' shall Mr held' in the same manner, and «■* luRnetund.at. the same tl,ne.as, id predcrtbed, by the fmiaw ' undei- the same miss, regulations, qnd-penalties,>«i arepre,' |a-ws < State now m. force regulhting "electmns,; an, lui'Sf scribed-in an act passed the twentythifd day pf December,. !»»;?' Parte of laws t0 tke. eontrnry notwrtl^ta^iBg. . sitdCouL" one thousand eight^^hundred and ^twenty-six, to establish an • ,• f '<■ VTvria .• »r- electoral district, in- the county of Warren;' all laws* or . / . •. Speaker ofth^HohseofReprese^tatLyes. parts of la,ws to the Contrary notvyithsthn ding.' • 'v - •. Vv .s ; «1 . . / • ' .. IRBY HUDSON, . ' -, ' ^ v' : ' Presideiitofth^ Senate. Speaker of the^HCuse of Representatives.4 Assen^d.to, HeccemW lftthv 1828. _ ' . ' ' THOMAS'STOGK^, • " ' . JOHN FORSYTH, Governor. Assented to, December l^tli, 1828.^reSld->.50:3.] fourth day, of Decembers one thousand eight hundred and twenty-five, entitled fn Act establishing Battalion District Elections in the County of Burke. Be it enacted by the Senate and House of Representatives AHeiee , of the State of Georgia, in General Assembly met, and it is llcia'at Lc hereby enacted by the authority of the same, That, from and .after the first day of February next, the before-recited act and'the'' •shall be so altered and-amended, as to authorize all elections for Governor, electors of President and Vice-President of the •Uslic5*' United States, Representatives in the Congress of the United saiT"m .States, and Senator? and'Representatives in the General Cuunty- Assembly of this -State, and for all county officers, to be bojden at the court-house in Waynesborough, and at the places of holding justices' courts in the several districts in the said county. § 2. And be it further enacted, That it shall be the duty of the magistrates in the Several districts of said county to cause bismL'to such elections to be holden in their respective districts, and returns of the same to be made, under the same rules and re- election-, gulations and subject to the same penalties as are prescribed in the above-recited act. § 3. And be it further enacted, That sp much of the above- 180 elections;. Repealing; recited act, and ail.othdr- eFsoath. jemniy S\yeaf, or affirm, that'I will faithfully'superintend this day's electirin, and make a just'and true return thereof,- according to law and the best of my abilities": so help me * God.". . 1 ■ fendents ' § 3* And be it further, enacted,i That the superintendents' required on of e.ach election district shall, and they are hereby, required , ,election,'to °.n the ylay 6f said election to count out the ballots by them count out taken in, and make a. fair statement of the polls ; and one anduleday magistrate or more of the superintendents from each of the" »«er» said districts, shall meet one or more, frorri each of the other meet aline » i > " • » Court- districts at the court-hoUse of said couhty, on the next day certify the after saidelections," arid there compare'the several returns efected together, and to certify to. his excellency the Governor the eP ' persons so elected, agreeably to the laws of this State now. ' • in force. ' . ( . 0freristthi- § ^ 'farther enacted, That if any person shall A^ct'Tnd "s vote, or attempt to vote, atmorethari qne pf the said'election meiuhere- districts a! l^e same election, «r if. any magistrate presiding for", at such election shall violate the *trust confided to him by this act, such person or magistrate shaRbe .deeineclguilty of a high misdemeanor, and shall), on'conviction- thereof before. • the Superior Court of the said -county, be'fined in the sum of fifty dollars, and be imprisoned .at the discretion of the;. Court for-a term not exceeding teri days. Tim i*gah § 'p. And be it further enacted, That when any doubt shall J be tested be Suggested as to'the propriety of any vote offered, it shall by oath.' he the duty of the superintendents to -administer, in addition ' Theoatb. to the'oath prescribed by law, the following oath, viz. ! " I .do •solemnly swear, cir affirm, fhat I have northis day yoted at aoy election for'.any ^.Senator, Representative, member of Congress, or,county officer ; so "help me God.'" Whomay^ '§ 6. And be it further enacted, That, the place of the she- pi'aceoftbe or his deputy, may be supplied at sucji election by any Sheriff. laWful constable, or.any other individual that the magistrate presiding at Such election may appoint to supply t'he°sheriff " or his lawful deputy ; and fhat'the said election shall in all other respects than tjiose herein recited be conducted in the same manner, and atthe-same time, as is prescribed by the * See Act No. 507, amendatory of thu Act. an act to establish Election Districts in'the County [no.505,] of Twiggs,'/and to punish those who may attempt to ' defeat the' same- ' ' . - - Re it enacted by the Senate and House of Representatives Election of the State of Georgia, in General Assembly met, and it is Hereby enacted by the authority of the same, That,from and jnhie after the" parsing .of this acjf,' it shall .and may be lawful for t3°' the general election, rfor Governor, members to'Congress, members of the Legislature, and county officers, and electors, • to be*, held, at the places .hereinafter named : at the house Places, of James Garretts, or the .place of holding justices' courts in Gaptain-Oliver's district, in said cburity; at the house of John Anglin,or place of holding justices' courts in Captain Samuel Strutmari's district, in said county; • at the Jiouse of Hartwell H. Tarver, or place of Holding justices' courts in 'Captain Dean's district, in said county ; and at the house of Bepjamin B". Smith, or place <5f holding 'justic.es' counts in ' , Captain Bostick's district,* in SaicPcqunty of Twiggs; and at 'the Court-hou.se* of said county. ' ' § 2. And bo it further enacted, This, one justice of, the Whomaj Inferior Court) -or justice of the peace, arid two freeholders, may superintend the elections ip said'districts, after the'free-Elecli(m holders' have 'takeri- the following oath ; " I do solemnjy swear (or affirm) that I w,ill faithfully superintend this day's -60a ' election, and make'a true return thereof, according to law . and tlije best,of iriy ability: so help me God.", '• ' § 3. And be it further enacted, That the superintendents Supenn- of said-.district elections ^hall, and they" arq hereby required » on the day of said election to count out the ballots by th^m takqn inland m^ke' a fair statement of the polls 5 and- one on the day or more .of the supbfintendents of said elections Shall meet one or more of the superintendents of the' election held at {he court-house in said county) and there; compare and add house the, tbe returns of votes together, apd transmit a tr'ue statement •of the sarire lo the, executive offrce, agreeable tO'the laws returnsa» of this State now jn force. . ' t ' § 4. And be it further enacted,* That if any person shall vote at more than one* place in-said county, for the same Againstth» election, 0/ if any-magistrate o'r' superintep'dpnt of, Said dis- trict elections shall violate the trust, confided to* 1pm by this ment^ act, suck persons or magistrates shall be deemed guilty of at ere0' ,high rriisdemeanor^ and; on 'conviction thereof before the Superior Court of said, county, shall bfe liable to a fine of fifty . dollars, or be imprisoned at the-discretion ,of the court, for 'a term not exceeding ten dayg,;jn the -pornmon jail of said > countyf '• "v'v'-'- • § 5. And. be \t.'further, enacted,J That the place'of the sheriff, or his'deputy, may be supplied byany-lawfql constable pinceot^ at said district'elections ) and that said district elections shall, ih all other respects tl^an. those herein recited, be con- Hons, ducted in the, same manner arid at, the same time as is pre- scribed bv the laws now .'in'force iq this State regulating general elections.- ' - , § 6. And be itfurther enacted, That all laws and parts of Jaws militating this act be, arid the same, are hereby repealed. ,' WARREN JOTJRDAN,' - • Speaker Uf tbe House of Representatives. THOMAS STOCKS,'.- ' , 'President of the Senate. Assentdd to, December 2?d,'J829. ••" . ' ( GEORGE R. .GILMER, Governor ELECTIONS. 181 Tivo utldi- tioual elec- lion dis- Uicts esta- Wished in Walton bounty. VIio may1 preside at said el^ec- Hons. If a free- holder, to take an oath. The super- intendaiits [N0.5UG.] AN ACT to establish two additional Election Districks in the County of Walton, and to change one in the County of Wilkes. , Be it enacted by the Schat'e and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the sdme, That! from find immediately after the passage of .this act, it shall and may be lawful to hold dll elections for Governor, electors ojf President and Vice-President of the United States, mepibers to. Congress* members to fh,e Legislature, and for all county and regmjental officer^, at' the Social Circle, and at the house of Thomas Patterson, in the county of Walton. And be it further enacted, That one justice of the peace, or' -6ne justice -of the Inferior Court; and two free- holders, may superintend' all elections ip said districts, after the said freeholders having taken an. oath faithfully and im- partially to superintend the saipe, and make a true return thereof according to law.. '§ 3. And be.it further enacted, That the'superintendents requiredon shall, and they are hereby required, on-the day of.said elec- decfion°f tj011' to. C0llnt ^1 the votes, by them jtaken in,.and make a to count .fair'statement of the polls .; and one or more of the super- votes^and -intendents of each of said district elections shall nfieet.one or Court-1 tfie m0re the superintendents from each .of the other districts house the Qr places of holding electibns, on thd next day after said and add the electionwhich meeting shall be held at the couri-housein retumsaud said county, and there add and compare the several return's ccrtifv thti' • , , ( • persons ,of tjie votes together, and transmit a-true- Statement of the ducted. same to the executive office, agreeable to the laws the passage of this act, so much of the above-recited act as authorizes the holding elections &,t Mr. 'Hudson's be* and the-sarhe is hereby repealed. ' §.2. And be it further enacted by the authority aforesaid, That all elections authorized by tfiafpart of th.e before-re- cited act, shall hereafter be held at the house now occupied by Daniel Hurd, in the tenth district of formerly Troup, now Merriwether county, under the'same rules and restrictions as provided in. the above-recited act, any law to the contrary- notwithstanding." WARREN JOURDAN, - Speaker of the House of Representatives,* THOMAS STQCKS, President of the Senate. Assented to,'December 223, 1829.. GEORGE; R. GILMER, Governor. AN ^'CT to amend an Ajct, passed the twentieth day of [no.508.] December, .eighteen hundred and twenty-threp, to re- ' gulate. the general Elections in this State, and to ap- pdint the time of. the Meeting of the General Assembly, so far as the same, requires all Elections to be held at the places of holding the Superior Courts, so far as respects'the County of Habefsham. <■ Be it enacted by the Senctte and House of Representa- Elections tives offid State of Georgia, in General Assembly met, and county of it is hereby enacted bytjie authority of the same, That.from and after the passing'of this act,-that one qf the places of after be holding thelections in the county of Habersham shall be pface^de-6 at the'place of holding the'justices' court in Qaptain'Ri-sgnatedin chafdson's "militia district, on lot number fifty-six; in the uon. £ec~ third district inlaid county, in place of. the bouse of Edward .Williams, in the third district of the county aforesaid. §-2i And be it further enacted,- That the elections held Repealing at the' above-stated-* place shall be conducted in the same clauses" manner as is prescribed by .the* before-recited act, any law .to the.dontrary notwithstanding. • WARREN JOURDAN, Speaker of the House of Representatives. « . * THOMAS STOCKS, . , . President'of the Senatet Assented to, December 19th, 1829. • "GEORGE R' GILMER, Governor. Election districts, and the places far holding the same, esta- Wished in Marion. [No.r>i>7.] AN ACT to repeal so much of an Act, passed the 2Oth day of December, eighteen hundred .and twenty-eight, establishing three additional Election Districts in the County of Merriwether, So far as to authorize the hold- AN ACT to establish and.regulate District Elections in [no-509.] the County of Marion. Be 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 after the passage of 'thi§ act, if shall and may be lawful for the citizens of Marion county to vote Tor electors of Presi- dent and Vice-President, -members of -Congress, Governor, mefnbers of the Legislature, and all county officers, at the following places in said county, to wit: at the houSe of Samuel Brewer, in Captain Walker's district; at the house of Clark Sanders, in Captain Blocker's district; at the house of Robert Green, in Captain Underwood's district; and at the place of holding the Superior Courts in said county. 182 ELECTIONS. Who may §' 2, And be it further Anacted, That one.-justice of the In- a'p is prescribed by the laws now in force regulating general tend said ' ferioi* Court, or one justice of thppeaoe, and two freShdders,. ah(i county elections. . \ at •lectiona. shau an(j may be competent to superintend said elections, ' WARRE1NT JOURDAN, said freeholders first taking tfie following oa^h,. before any' . Speaker of the House of Representatives, justice of the Inferior Court or justice' of the peach, to w\t:, , . ' ' , THOMAS STOCKS, Freehold- " I, A. B:, do solemnly swear, «that I will faithfully and im- \ . / , • President of the Senate, er'soath, partially superintend this da'y's election, and-make ,a;ju8t an,d Assented to, December 22d,1829.. ■ true return thereof to \he best of,toy abilities ;'so help me GRORGE R. GjILMER, Governor. God." . * • , V ' : • . L, " ' ' * # • TV meet at • § 3. And be it further enacted. That one pr more of sjaid *. •' • , , . , " houS°and- superintendents from the several precincts sh^ll meet at the AN AC,T to establish an Election District in the County [no.51i,j ce't(mathe court-house, or place pf holding courts, on the day succeed- k of Putnam, ahd to regulate the Elections to be held elected! ing such elections, and there compare^ the .several' returns; "therein. ' •■■■.'' * ' ' . 'B' ***** by the Senate .and Ho-use of .UepneeMa. $E5n. . W of the, State -Of Georgia, in Central jLssamky £bedUn~ von£'or a e™P in^,a V.°^'n v p. / I,, - 6 and it is hereby enacted by the authority of .the sanie, That ll'e^urlty to 'j Som .riff at said elections ma^besuppli^ by any lawful constable, Cill^ Members'of the. Legislature, and Repealing ariy a . 0 ? on r ^ _ o* +npjp'kAlv pouhty .officers, to be held at Stanford's1 cross roads in said clause. . • ^ ' e - ,r „ „ - * ' • county ,\and alsokt the court-hou^e in,the town of Eatontom '' ^ '•THOM AP ^ *' §'2* ^nd be it further enacted; That one justice of .the Whom,, .. ' ' ' President of the Senate Peace'.oronejustice.of the Inferior Court of said county, and 35, Assented to, December 19th, 1829. .• ,w"^f'^o|dersway superiutead the elections at said cross 1 . ; ' - GEORGE' it,'GILMER^ Govdrhor.' rt>^3> a®®?' said,freeholders shall ^ave t^Jien the following . . 5 .' oath, whifch any judge of the Superior, judge of the Inferior fnaitoo AN,ACT to, eetaMiftMectioh Preai^sin it further enacted, That if any person shall osma er^oath ^aVe follow'ing oit'h^u 1 do solemnly swear (or vote ,at tnore thUn.one pfa'ce in said county i3n theday, ac^w! -' affirm', as the case may be)-that I .will, faithfully superintend or if any superintendent of said district election shall vfolatd this day's election, and make-a just and true return thereqf, the trust .confided to him- by this &ct, such person or. super-thereof. , ' according to law and the best of my.ahility; so help me God." intondent sfiall, be guilty of a 'misdemeanor, .and upon' cori- ■ count out ^ ^ it furiher enacted, tThat thje superintendents viction thereof before the. Superior Court shall bfe fined, in a .• theUY0t°es of said election shall on the day of eleption count oqt the bs^- sum Of fifty dollars, and may'be imprisoned at the discretion ' SfSSS;-101? by them' taken, and make a fair, and correct^ statement of the',court. • : , • ' and meqt at of the. polls; and one or more of the said superintendents , § 5, And he it further -enacted,' That at any election so Whomsy boufeX'" from each precinct fehall meet the. superintendents who' shall to. be' held at sqid cross -rpadsj the place of;the sheriff, or his have presided" at the election-dtCarnpbefiton,. at the latter ^lepu(y, may be supplied, by any lawful constable "of said the persons place, on thenexf day after saicj .election, and they shall there county; and that im hll 'other respectfc, -thb elections so to tiondif . *lected- ■ and then c'ompare and add the. sevejal returns or votes toge- be he(d at sard crpss roads shall be conducted in the sametrict ' ther, and; cfertify the same to his excellency the Governor, manner, and'held at .the same time, as is prescribed by the agreeably to the laws of this State hoiv in force. ■ -Jaws now jn fqree in this State regulating elections, violations "§ 4%.And be it further enacted, That if' any person shptll- • • WARREISF. JOURDAN,, piSe^!'' vpte at more than one of said places of election for any of the Speaker of the House of Representatives. .' respective candidates at the samd election, such, person shall , ' THOMAS STOCKS, be guilty pf a misdemeanor, and subject tp indictment in the . .. President of the Senate. Superior Coprt, of said cbphty, and on',conviction shall be Assented tp, December 19th, 1829.. fined ih a sum not-exceeding fifty dollars, and imprisoned " ' GEORGE, R. GILMER, Qovernor. not exceeding ten days. , - ^ ' Who may § 5. And be it further enacted, That the place of the she- _ .. ^aceoftheor his deputy, may be supplied at said precincts, during AN AO 1 to establish an additional Election District in l"0, Sheriff, said election, by. any lawful constable of said county ^ and County of Pike, and to-repeal so much of the second that the said election shall in all other respects than those Section of an Act, entitled An Act to establish and herein recited be, in the same manner, and at the same time, regulate District Elections in the Counties of Early, ELECTIONS. 18J Lee, and Pike, as relates to holding Elections at the § 2. And be it further enacted, That one justice of the Who may house of Air. Johnson, in the seventh District of the peace, or one justice of the Inferior Court, and two free- gaideiev County of Pike. holders, may attend said election at the last-mentioned place,tiona- An addi- Be it enacted by the Senate and House of Representa- after- said freeholder^ shall have taken the following oath, to ffitaSStfw of the State of Georgia, in General Assembly met, w.lt:, dJ> solemnly swear, or affirm, that I will faithfully freehold- established and it is hereby ei^ted hu the authority of the same, That suPenntend this day s election, and make a just and true *oalh' County of fr.onvand immediately after the'passage of this act, all elec- ret"r" thereof,' according to law and the best of my ability; Flkc' tions for Governor, members of Congress,'members of the S0 ^ Hod. Legislature, electors .to vote fot President and Vice-Presi- J 3' And he ^ further enacted, That the superintended The «up«- dent of the United States, and aU«coun,ty officers, shall and °* said ejection district .shall, and they are hereby required required^ may be held at'the house of Gideon and Jourdan'Barnes, °n day of,the election aforesaid, to count out the.votes the place of holding muster and justices' courts in the 7 II1 in' and make a fair and correct statement of the day of seventh district of originally Monro'e,"now Pike county.- ™e PoIls 5 one nr.more of the superintendents, or the gJXSeet Apartof §2. And be it further ^enacted, That so much of the inagtstfate, freq said district, shall meet the magistrate who second'section of an act, passed the twenty-fourth day of shall have prided aUhe election at the court-house ; which hou^e caption, rc- December, eighteen hundred and twenty-seven, entitled An rrheetlbg ^hall take place at said court-house, on the next day Act to'establish and regulate district elections in the coitn- aftei;sai^ eldct.on, and they shall then and there compare j.^. '»£'» ties ofEarly, Lee, and Pike, as authorizes elections to, be a?d add the Several returns or votes together; and- certify to held at the house of'Mr. Jolmson, in the'seventh'district of his excellency the Governor the person or persons so elected, said county of Pike, be, and the same is hereby repealed. a°^e^a ? ! ,aJS je* , Wtasv, § 3. And be it farther eriactet, That the elections here- § *■ Ani farther enacted, That if any person shall Offence. • '-0eS» aftertobe held at the house of the said Picteon and Jpufdan v,ote at mor.e than °"e of sa,d Places °f election, for, any gf pauJls'h«en, tie law. Barnes, in the'seventh district of the said county of Pike, the respective candidates'.at the same election, or if any tel.-. t,ce°f ' Shall and may be held under the same rules and regulations magistrate or freehplders presiding at spch election shall as are pointed (hut) in.the third, fourth, fifth, and sixth sec- violate th^trujst confided to him by this act, such person tions of the before-recited- act, passed on .the, iwenty-four.th 0r. titrate, or freeholder, shall be deemed guilty of a high day of December,'eighteen hundred and twenty-seven; anj misdemeanor; tad shall, on conviction thereof before the [law] to the contrary notwithstanding.- • 1 . Superior Court of.said county; be fined m a sum of fifty * WARREN JOURDAN pollars, and fie imprisoned at the discretion of the court for Speakei> of. the HouSe of Representatives. a not exceeding ten days. \ • ' . ' THOMAS STOCKS § & ^ further enacted, J riat when any doubt When the . " ' ' President of the Seriate shall be suggested as .to the legality of the vote offered, it'alSeis^ Assented to, December 19lh, 1829. ' 'sha1.1 > the duty.of the superintendpnts to- administer, in ' GEORGE' R. GILMER, Ghtonor.- ?d ffiay be supplied at said electiori dis- SK/Xe ishedln hereby enacted by the authority of the same, That from and tricjt, during said election, by any lawful cbnstable ; and the sheriff at f gSty affer,the PasSage of this act, it may and'shallffie lawful- for sai(J election shall, in all other respects than those herein re- Ss all elections for members , of Congress, for Governor, for cited, be'.conducted ip the same manner and at the same members of the State Legislature, and for all other State and time as is .prescribed by the laws now in force regulating county officers, to be held.at Huston's church, m the county 'general and county elections. of Glynn. > • • , ' §7, And be it further enacted, That, all laws and parts ®ePealins ;S ^ V* ^nd feitfurBier enacted, That the elections so held of .militating;'against this act.he, and the same are c,ause' guiateu shall-be conducted urider the same rules and, regulations as hereby repealed. 'theAct are Prescribed in the act regulating election districts-in the ' , ' WARREN JOURDAN ne-25. said county, passed the twenty-fifth'day of November,. ' , ; Speaker of the House of Representatives. ' eighteen hundred and twenty-five ; any law to tfye contrary • ' 1 . , THQMAS STOCKS, notwithstanding. ■ - ... President of the Senate. WARREN JOURDAN, Assented to,. December 22d,.l'829. Speaker of the House of Representatives. ' GEORGE R. GILMER, Governor. •THOMAS STOCKS, ' ' * President of the. Senate. ACT to (titer ayd amend the several Acts relating [no.515.] Assented to, December 19th, 1829, < . / tto Election Districts in the County of Burke. GEORGE K. GILMER, Governor. hy fhe md Home ^ Representatives,a part of V0.514.] AN ACT to establish ak-Election District in the first f tJ't Statet°f forfia, in GeneralAssembly met and it is District of the County of'Dooly. ^ ^ttoET istrictes°n ^ enclcted ^ ^ ^enate and House, of Representatives alter and amend $ri act,-passed the twenty-fourth day of De- ®ounty. L'shetUn of the State of Georgia, in General Assembly met,and it is cetnber, Qne thousand eight hundred, and twenty-five, en- 'eDoo,|y.ty hereby enacted by the authority of the same, That from and titled An Act establishing battalion election districts.in the after .the passage* of .this act, the general elections for. Re- county of Burke, as requires that certain elections .therein presentatives to Congress, and electors to elect the Presi- mentioned shall be holdert at the different places of holding dent and Vice-President, and for members of the State justices'courts, in each captain's district in said county, be, Legislature, for (governor, .and for all county officers, so far and the.same is hereby repealed, so far as it relates to dis- as respects the county of' Dooly, may and shall be held at triots numbers sixty, sixty-three, seventy-three, Seventy-four, the court-hpu^e as heretofore, and also at the place of hold- and seventy-five. ing the justices' court, in the first district of said county. § 2. And be it further enacted, That from- and after; the ere-1 184 ELECTIONS. An election said first day of February nefct, it shall and may be'lawful to to one plqLce of holding elections for said county, to be at into e[«. signaled. e~ hold, all elections at the place of holding'battalion musters,; Mcintosh's Reserve, be° and the same' is hereby repealed ; twcu,™- • in the seventeenth battalion, in the said county, under the Provided, "noth\i\v herein contained shall be construed to p«»ied. same-rules and regulations, and subject to'tjie same restric,- take effect Until the first day of February, eighteen hundred . " tiohs,as are provided by laty in other election districts- in said and thirty; any law, usage, or - custom to the contrary not- cditnty^ "• , . . ; . withstanding. t ' Repealing § And be' itfurther enacted, That so much of the. 4"/ And be it further enacted, That 6ne justice,of the Who may clause. above-recited acts-as militate against this act be? and 'the peace, or justice of the Inferior Court,1'and two freeholders, tend saidJ same ,is hereby repealed. • . » „ • majr superintend the'elections in Said districts, after , the said elect'ona. WARREN JOURDAN, freeholders, shall have taken the folio wing'oath ; "I do so-Freehold. 1 ..Speaker of the H'ouse of Representatives, lemnly swear that <1 will faithfully and impartially superin-er 6oatl1' ■ • • THOMAS STOCKS, tend this day's-election, and make a filll and true, return • . ' , President of the; Senate. thereof according to law and .-the best 'of my abilities,;, so Assented to, December 19th, 1829., ' , ' help me Grid." : " ' „ , ' _ ' GEORGE R,-GILMER; Governor. § 5. And be it* further enacted,/That the superintendents superin- ' • ' f. . 77 \ " - . " - of said elections shall, and they are hereby required on the,requjr"j(0 [no.516.] AN ACT to establish an additional Election Dis'trkt in day of said election/to count out all the votes by them' mom out ' " • the County of Decatur. • , / t taken in, and make a fkir statement of the polls ; and one orftMay tionafeiec ^ encLGte^ % tho Senate and House of Representa-'or more of the superintendents of said district elections a^1^' tiondistrict tfvesofthe State of Georgia, in General Assembly metand shall meet one of mdre of the superintendents from each of atthe fn\heis^ed *s hereby enacted byl That the place of the Who Assented lo, December 18th, 182.9.'.' 1 . sheriff, or his deputy, may be supplied by any lawful, con- p^oflTe 'GEORGE R, GILMER,. Gbverrtor. stable at-said district elections-; and.the said district'elec- ' . ' ' '• - -—-T-— «- 7 , 1 tions shall in all other reSpecta be, held and conducted in tas. [no.M7.1 AN.AQT'tri establish and regulate Election Districts in the same manner and at'the same times 'as is prescribed' by JfXf5. ' , "the Counties of Wilkitison,, Randolph, and Carroll, the laws of this State rio win" force regulating elections,- any ' , , and to punish those who may attempt to defeat the lafv to "the qontrary notwithstanding.- - : ' ; 'same: '' ' ' '' ^ v '. , WARREN-JOURDAN, ' Election ^ Be it enacted by the Senate land, House of ReprCsertta- . 1 ^ • Speaker'ofthe House of Representatives. taMsh'etffn tives of tlieState of Georgia,'in General Assembly met, and f THOMAS' STOQKS,- '/ Randolph"' ^ hereby enacted by the authority of the same, That from 1 ' , President of the Seriate, and Carroll and aftet-the first Monday in January next, it shall ancl may Assented.'to,, December 19th, 1829. , , . Counties. t be kwfui. to hol^, all elections for Governor, members to • . ' . -GEORGE. R. GILDER/ Governor. Congress, .elector's of President and( Vice-President; Cf the United States, members of the Legislature, and for all ,A,T.Anrp / ^ 7j J lu- , ™ /• ' V,•• vrso518.1 rn wiikin- county officers,' at the place of holding justices' court in , establish an additional Election,District in aon: ' Captain. Seales's district;^ the place' of holdjng justices' ' ' .' the Chunty. of Harris.' « courts .in Captain Smith's district^' at the" place of holding Be it enacted by the 'Senate and House of Representatives J0nnafj*. justices' courts iq Captain Griffin's district; at the plabe of of the State of Georgid,• in General Assembly ,metand it is tiondi* holding justices' courts in Captain Bloodworth's district ; and' hereby enacted by the authority of the sqnhe, That from and . . at the clour t~house, ift Irwin ton,-m Wilkinson coiinty, ' immediately after the'passage of this act, there shall.be es- in Carroll.] t §2. And be itfwrther enacted, That thele shall he'two tablished art additional electoral district, in the-county of ° , 1 electipn districts laid,out,in thb county of Carroll ; 'one id Harris,' at the house of Charles' Phillips, in the eighteenth benqldat-the house where John Griswold now lives, and district of said county* at which place it -is hereby made one at the store-house now occupied by Roddy and Ninney, legal for all persons entitled to* vote for members ©f the Ge- arid, that all election^ held at jsaid mentioned places shall be neral Assembly of this State, in said county, to vote at the . governed and conducted under the same rules, regulations, aforesaid place, for. Representatives from this State, in the and restrictions aS elections, held at ;the othrir-places of Congress of the United States, members of the Leo-islature, doJh.n" holding electrbns in said county ; find in the county of Ran- electors, to elect the President and Vice-President pf the dolph, "al the following places, viz. in Captains Moore's,- United States, Governor of this State, and* all county of- '. Mosley's," Parker's, and Watley's districts, and at the court- ficers; Which election shall be held and conducted finder the under*' house of said county. , ' • same rules, regulation's, and penalties .as^ are prescribed Apartof j q. And be it .further enacted, That so much of an act by an act, passed December the sixteenth, eighteen hundred Ei«ti«n» ijlgoffcar" passed in the year eighteen hundred and twenty-seven, lay- and twenty-eight, to govern'the electoral district,'at the 3^ roil County fag put election districts in the county of Carrol], as relates house of Joseph Whiticers, in the twentieth district-of said ELECTIONS. 185 Repealing county, and the town of Hamilton ; all laws or parts of laws clause. t0 tjje contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. _ GEORGE R^ GILMER, Governor. [no.519.] AN ACT to establish and regulate Election Districts in the ■ County of Jasper, and to punish those who may attempt to defeat the samet Election Be it enacted by the Senate and House of Representa- wbHsSTii tives of the State of Georgia, in General Assembly met, and «rjas°e"ty ^ ^icre^y enacted by the authority of the same, That from and after the first Monday in January next, it shall be lawful to-hold elections for Governor, members t,o Congress, electors of President and Vice-President, members to the Legislature, and all county officers, at the house of Thoipas Smith, in E. Dodson's district,'and at the house of John B. • Slaughter, in Captain Barnett's district, in said county. Who may § 2. And be it further enacted\ That one justice of .the jend^aid peace, or a justice of the Inferior Court, and two freeholders, elections. jnay superintend the elections in said districts, after the said freehold- freeholders' shall have taken the following oath : " 1 do so- ersoa . jemn2y swear, "that I will faithfully and impartially spper- intend this day's election, and make a full and fair return thereof,. according to law and the best of my abilities ; so help me God." •"Indents § 3- And be it further enacted, That the superintendents j equired to of said district elections shall, and they are hereby reqiiired he votes on day sa^d elections, to count out the votes by them 1 'f etotiony ta^erj *n' and ma^e a faif statement of the polls ; and one 'nd meet"' or more of the superintendents of said district elections, | shall meet the superintendents of the election held in Mon- is hereby enacted by the authority of the same, That from The eiec- and immediately after the passage of this act, all elections {Sis'tern for Governor, and for members of Congress, and all county and State officers that the citizens of said county are entitled ofTattnaii. to vote for, shall be held and conducted at the court-house in said county, in the manner already pointed out by law regulating the general elections of the State; any law or parts of laws to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 3d, 1829. GEORGE R. GILMER, Governor. louse, the ticello, in said county, on the day after the election, and I ay after, nnmnorn onrl /•Artcnlirlufa votnrnc« r\f TfAtoc- onrl nd certify there compare and consolidate the returns of votes, and ^ ?ectedSOns transmit a true statement of the same to the executive of- ec e '• fice, agreeable to the laws of the State now. in force, gainst this § 4* it further enacted, That if any person shall i ; ictcreated vote, or attempt to vote, at more than one place in said ■- "shmlm11" county for the same election or if any magistrate, or su-. rescribed. perintendept of said district election, shall violate the trust to hipi committbd by this act, such person or magistrate shall be deemed guilty of a high-misdemeanor j and on con- victiori thereof before the Superior Court of said county, shall be fined fifty dollars, or be imprisoned at the discre- tion of the court for a term not exceeding ten days. -rftiomay § 5. And be it further enacted, That the place of the aceof the sheriff, or his deputy, maybe supplied byapy lawful con- kidec" sta^e at district elections ; and that said district elec- ins?CC tions shall in all other respects than those herein* recited, be conducted in the same manner, and at the same tittie, as is prescribed by the laws-now in force in this State' regm lating general elections. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE 11. GILMER, Governor. f©.520.] AN ACT to repeal an Act passed December nineteenth, eighteen hundred and twenty-seven, establishing an additional place of holding Elections in the County of Tattnall, and to require all Elections to be held at the new Court-house in said County. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it A a AN ACT to alter and change an Act, entitled An Act to [no.52L] establish Election Districts in the County of Loumdes, so far as to authorize an additional number of Election Districts in said County. Be it enacted by the Senate and House of Representatives An a?di" ~ n n punish those who may attempt to same regulations and restrictions of those already established defeat the same. in said county, any law to the contrary notwithstanding. Election v Be it enacted by the Senate and House of Representa- , . • , " . ' WARREN JOURDAN,. tabiish'edTri t-ives of the Slate of Georgia, in General Assembly met,'and .' ' / Speaker 'of the House of Representatives, the County if is hereby enacted by the authority of the'same, That from ; THOMAS STOCKS, gee. USCQ| and after the passing of this act, it shall and may be lawful " President of the Senate, for general elections for Governor, members to Congress, Assented to,,December 18th, 1829. electors for President and Vice-President of. the United # GEORGE R. GILMER, Governor. Sfatesv, members of the Legislature, and county officers,Ho~ ; , s \ Places. be held at the place of holding justices'courts, bn lot num-, ', v ' - _ ■ " 1 - 1 ' . ber fifty-five in, the sixth district, and at Manning's mill, in ' . . 1 \ ' the tenth district of said county, and at the court-house, in AN ACT to lay off the County of Lee into Election [no.524.] the town of Columbus.v / . ^ , Districts. ^ . r ' who may .§ 2. An4 be it Jflrther enacted, .That -one justice'.of the ; , - , . tend "aid peace, or one justice of the Inferior Court, arid two free- Be it enacted by the Senate and House of Representatives elections, folders, may superintend the elections in said districts, after of the State of Georgia, in General Assembly met, and it is Freehold- the said .freeholders have taken the following Qathr " I do hereby enacted by the authority of the same, That the places er ' solemnly swear that I will 'faithfully, superintend this day's of holding elections for Governor, members of Congress, election, and,make a ju'st and true return thereof, according members of the Legislature, and .county' officers, shall, be to law and the best of my abilities ; so help me'God." held under the superintendence of one nr more justice of the Superin- §3. And be it further < enacted, That the superintendents peace, or of tfie Inferior Court,'and two freeholders, at the required to sa^ district elections shall, andthey are hereby required, five places following,;an(J no other, to wit: .in the fourteenth count out on the day of said elections to count out the ballots by them, district, at the house of Axum Webb ; in the second dis- ontheday taken in, and make a fairstatement of the'polls-; and opeor trict, at the house of Reuben Wheelet: in the seventeenth HonhandC" more of the superintendents of said districts shall meet one district, at the house of Foose; at the house of Benja- meet the or more of the superintendents of the election held at the min Thomas, the place of, holding' justices' courts fpr the court-house in said county, on the day after the election^and twenty-seventh and: twenty-eighth districts of-said county; ho"se and ^ere compare and add .the Returns of votes tbgetfier, arid and at the place of holding the Superior and Inferior Courts certify the transmit a true statement of the same to the executive office, for said county. ' - ' < eieaed! agreeable to the laws of the State now in force. § 2. And be it further enacted, That it shall be the duty offences § 4: And be it further enacted, That,if any; person shall of o'ne of thp presiding justices at each. of the election dis- acfcreated vote» or attempt,to ^ote'.at m°te- than one pia.ee in said -tricts aforesaid, to meet at the place of holding the Superior, and the pu- county for the same election, or if any magistrate^ or supers and Inferior Courts in said cohnty on the day succeeding prescrfM. intendent of any of sajd district elections shall violate the the first'Monday in October, and consolidate the returns from, trust to them committed by this* act, such person or rriagis- the five districts, and. make a return.,of the result to his ex- trate shall be deemed guilty of a high misdemeanor, and on cellency the Governor, signed by each of said justices. . conviction thereof before the Superior Gpurt of said couhty, . §3. And be it further enacted, Thatifany person shall shall be fined in a Sum not exceeding fifty dollars, or ihipri- vote, or attempt to vote, at, more than one of said places oh \soned at the discretion of the Court for a term- not exceeding the same day, he shall, upori conviction before a justice of twenty days. ^ ; thfe peahej pay a fine not exceeding thirty dollars, to be col- wjiomay §' 5. And beit further enacted, That the placeof the she- .lectedrby.warrarit of distress and sale ofthe offender's pro- riff; or his deputy, may be supplied by any lawful constable Uf perty, and be paid one half to the informer, and the, other Sheriff. said district elections ; and that said districtelectionsshall half in to'the coutity treasury. jn all other respects be held and conducted in the same man- § 4. And be it ehacted, That all laws militating against ' neryand at the same times,, as is prescribed by ihe laws, of this act shall be, and arehereby repealed. Repealing this State now in force regulating elections, any law or parts ; > . WARREN JOURDAN, clause' of laws to the contrary notwithstanding. Speaker of the House of Representatives. WARREN JOURDAN, * ' THOMAS STOCKS, Speaker of the House of Representatives. * ' > \ /' President of the Senate. , . THOMAS STOCKS, Assented to, December £$d, 1829. '• > - ' ' President of the Senate. ■ GEORGE R, GILMER, Governor. Assented to, December 21st, 1829. GEORGE R.GILMER, Governor. . [ 187] E STRAY ST823. [no.525.] AN ACT to amend the Estray Laws of this State, so estray laws now in force in this State, may be sold at the theexnm- far as relates to the time of advertising and lotting expiration of six months from the time they are tolled ; any HZilL"* horned cattle, sheep, goats, or hogs, before they are law to the contrary notwithstanding. sold. DAVID ADAMS, ah homed Be it enacted by the Senate and Hquse of Rcpresenta- Speaker of the House of Representatives, sheep, tives °f ^ie ^tate °f Georgia, in General Assembly met, and THOMAS STOCKS, .goats,'and it is hereby exacted by the authority of the same, That from President of the Senate, and after the passage of this act, all horned cattle, sheep, Assented to, December 20th, 1823. goats, and hogs, that may be tolled in conformity with the G. M. TROUP, Governor. INCORPORATIONS.—1820. [NO.526.] Preamble. The Agri- cultural So- cieiy of Putnam County, its members nominated and incur- porated. Its style.; May sue and be sued. May pur- chase and convey pro- perty, &c. May hold regular and extra meet- ings, and make by- laws, &c. Liberal con struction to be put on this Law. Proviso. AN ACT to, incorporate the Agricultural Society of Putnam County. Whereas, a number of persons in the county of Putnam have associated under the name of the Putnam Agricultural Society, for the purpose of the knowledge and practice of agriculture ; now, in order said Society may assume a be- coming respectability, and that the.object of the institution may be furthered, Be it enacted by the Senate and House of flepresenta- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That C. B. Strong, Simon Holt, Thomas. Hoxey, Irby Hudson, Charles W* Rogers, Leonard Abercrombie, William Tur- ner, John A. Cuthbert, and S..W. Harris, officers, and all other persons as now-are or shall h'ereafter become mem- hers of said society, shall be, and are hereby ordained, con- stituted, and declared, a body corporate in fact and in. name,. by the title of the Putnam Agricultural Societyand by that name and title, they and their successors hereafter shall and may have succession, and by that name and title shall and maybe persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and. pleas whatsoever, in all manner of actions, suits, com- plaints, matters, and causes whatever ; and they and their successors, by their said name, shall be for ever hereafter capable in law to purchase, fake, receive, hold, and enjoy,, any estate real and personal, of whatsoever nature or kind, to the use of said society and their successors ; and all dona- tions, gifts, purchases, bequests, privileges, and immunities whatever, which belong or appertain, or shall or rpay hereafter be given, granted, sold,[conveyed, assigned, bequested, or de- mised to, or conferred upon said society-. § 2. And be it further enacted, That the. said society shall for ever hereafter have the power and authority to hold such regular and extra meetings, to elect such officers,',and to enact such by-laws and regulations, as may, be necessary for the government and proper management of said sdciety and the affairs thereof. § 3. And be it further enacted by the authority aforesaid, That this act shall be construed liberally and favourably for every beneficial purpose hereby intended, not contrary to the laws and constitution of this State or the United States. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. A a 2 AN ACT to incorporate the Milledgeville Thespian [no.527.] Society, Whereas, Henry W. Malone, Charles J. Paine, J. S. Preamble. Calhoun, and John G. Bird, officers, and Edwin Curtis, George W. Murray, Charles Lucas, Rhodam S. Greene, Thomas H. Hall, Owen C. Fort, Thomas Wiley, John Peck, Joseph Washburn, William C. Redding, John A. Jones, Burtoji Hepburn, William J. Dannelly, William H. Crenshaw, Hugh Proudfoot, Peter H. Jaillett, A. Holt, L. Fleming, Thomas M. Bradford, and A. Beckham, members of the MilledgeVille Thespian Society, have associated themselves under the name and style of the Milledgeville Thespian Society, for the purposes of improvement, and for the correction of vice arid immorality ; now in order that the objects of the institution may be furthered, Be it enacted by the Senate and House of Representatives The Mil- of-the State of Georgia, in General Assembly met, and Thfspian it is hereby enacted by the authority of the same, That the above-named officers and members, and all other persons nominated ,who now are, or hereafter may become members of said p"rda|£jor" society, are hereby ordained and constituted a body corpo- rate, by the title of the Milledgeville Thespian Society; and by that qame and title they and their successors here- after shall and may have succession, and shall and may be persons in law capable of suing and being sued, pleading May sue and being impleaded, in answering, and defending in all the ane courts of law and equity in this State ; and they and their successors by their name shall for ever hereafter be capable May be in- of purchasing, receiving, and holding any estate real or ^manner1 personal, to the use of said society and their successors, or of property, all donations, purchases, or bequests, which belong, or&c' which shall hereafter be given, granted, or bequeathed to said society. § 2. And be it further enacted,, That said society shall Shan have have power .to pass such by-laws for their'own government paslby-0 as they may deem advisable, not contrary to the laws of this State or the constitution thereof. royi-o. § 3- And be it further enacted, That this act shall be Liberal construed liberally, and for the enforcement of every bene- tion to be ficial purpose hereby intended. DAVID WITT, ggfAd™ Speaker of the House of Representatives, MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. AN ACT to incorporate the Darien Eastern Steam Saw [no.528.] ' Mill Company. Whereas, it is necessary for the encouragement and pro- Preamble. 183 INCORPORATIONS.—1821. motion of useful machinery t that associations of persons or laws militating against this act be, and the same are hereby companies,'formed for the purpose of establishing steam repealed. ' _ engine and other valuable machines, should be made capa- , TTDA AA? ble of holding, enjoying, and defending any , property they Speaker ofthe House ^,e.pre®e"^tiv have, or may acquire ; ; , MAT I HEW lAWSUi, TheDarien Be it therefore enacted bythe Senate and House of Repre- \ President ot the fcenate. steam saw sentatives of the State of Georgia, in General Assembly met, Assented to, December 18th, 1820. . v Miritedand & is hereby enacted by the authority of the same, That ,, 1 JOHN CLARK, Governor. porate ' John Kell,chairman,. James H.Giekie and company, general • ; ' j , tgni AN ACT to incorporate the Mcintosh CoarUy Fenak ^ of William Dunnett, deceased, proprietors of' the Darien Asylum. eastern steam saw mill, lately erected on the north branch. Whereas, a number of ladies in the county of Mcintosh Preamble, of the river Alta'maha, below the city of Darien, and their have associated themselves, and formed a society for the successors in office be, and they are hereby declared to.be,a. very .humane*charitable, and laudable purposes of protect- its style. ., body corporate, by the name and style of the Darien Eastern ing, relieving, and instructing orphan children of their ^wn Steam Saw Mill Company, and by the said name shall have, sex, in said county, and have applied tp be incorporated ; • perpetual succession of officers and members, or proprietors, * • Therefore'be it enacted by the Senate and House of Repre- The mjo. May make with power to make, alter, change, and amend such by- sentatives' of the State of Georgia, in General Assembly ^aie ^ by-i^s, jawg aS may, be necessary , and agreed upon by the saidmet;and by.the authority of the same, That all such persons Proviso, company; Provided, such laws be not repugnant .'to the of the female sex as now are or hereafter shall become an- constitution and laws of this State. ^ nual subscribers to the said association, shall be and are and^bue § 2. And be it further enacted, That the said Darien hereby constituted a body corporate and body politic, in fact sued.6 Eastern Steam Saw Mill Company, and their successors, shall and in name, by the denomination ofthe Mcintosh County Fe- be, and thejr are, hesreby made capable cjf suing and; being ihale Asylum, in the county of Mcintosh, and by that name, .sued, plead arid be impleaded, and of using all necessary shall have perpefualsuccession, and be in law capable of and lawful means for recovering Or defending any property, suing and beirig sued, defending and being defended, in all Maysue debts, or demands, which they may claim in behalf of sai<| courts of law and places, and in all manner of actions and May hold company; to hold real and personal property; and generally, cases whatsoever, and may have a common seal, and change real estate. ^ey shall and are hereby declared to be .vested with ail pri- thie same at, their pleasure.; and shall by that name and style May hm vileges, power^, advantages,-rights, and immunities, of ah be capable in law1 of purchasing; holdings and conveying prnoperf|y association or company of people incorporated for ;lawful any estate,, real or personals for the use of said corpo- purposes. ' : " ration. v- 1 . . DAVID ADAMS, . §.2; And be it further enacted by the authority aforesaid, Speaker of the House of Representatives. That the estates and concerns of the said,corporation shall remsof ' , MATTHEW JALBOT, ' be managed, directed, and disposed of by a board of trustees, President of the Senate, to be- composed of a first and second directress, a treasurer; manage^ Assented to^Dpcember 13th, 1820, „ ( V secretary, and as many trustees- as may be necessary, to be SiSt* JOHN CLARK, Governor, elected by a plurality of ballots of the members resident in the v county of Mcintosh, being annual subscribers as aforesaid, posesaid —; . - 'and present at such electiops yearly, at such-place in said ^ . * 5 ... county and at'such time as the board of trustees may from .] AN- ACT to alter arid amend an Act, entitled An Act time to time, by ordinance 6r otherwise appoint, and of- to incorporate the Roman Catholic Society of Au- which public notice shall be given; and if any vacancy shall gusta,so far as relates to the appointment of Trustees, be,occasioned by the death, resignation, removal, or other- passed 10tk December, 1811; * \wise,' of any one of the said board, the same shall be filled . for the remainder; of the year by such person or persons, Preamble. Whereas, the second section, of the above-recited act, is being annual subscribers aforesaid, as the board of trustees in the following words, to wit: " That the trustees, and their for the time being, or the major part, shall-appoiht; and for successors in office, shall have power to fill all vacancies the present the board,of trustees shall be as follows] viz. which, may happen in their board from time to time, by. Mrs. Agnes Mcintosh, first directress.; Mrs. Semor Smith, death, resignation, or otherwise; and no person who. re- second, directress; Mrs. Catherine Kipg, Mrs. Ann Cun- the first Eides without the county of Richmond shall be eligible as a nipgham, and Margery S. .Kell, trustees ; and that a ma-tbf0^ f tru®te® sai(* s^ely j" ) ) , ( . - jority.of said board shall be requisite to transact business ; uieActof therefore enacted by the Senate and Ifause of Repre- and in case the first and second-directress give non-attend- sentffwes^ °f the State of Georgia, in General Assembly 'met, ance, the members present may appoint a directress pro and it is hereby enacted by the authority of the same, That tern. • from and aftpt the passing of this act, the said section be, and , •§. 3. And, be it further enacted, That the said board shall, point Trus- ^ sa™e 1S "e;re"y repealed ; and that from and immediately at least at every yearly election, exhibit to the'members of ^'P18 tees, &c., after the Posing of this act, the Roman Catholic Society of the said corporation an eXact account of the receipts and dis- duur"» Augusta, shall have power, and they are hereby authorized buvsements of the preceding year. be made, to appoint, annually, on some day to be fixed upon by the § 4. And be it further enacted, That the said board may Maymtf society, trustees of the said Roman Catholic Society of Au1 from time to time make by-laws, ordinances, and resolutionsby liW! vacancies & ' • tru^e®s so aPP°inted shall have power to relative to the management and disposition of the estate and u a" vacancie® wrilc" [nay happen from time to time in concerns of the said corporation, and the regulations of the _ . ®lr a ' i resignation, or otherwise. persons exercising the offices aforesaid, not contrary to law;Provill>; etyshau _ » And belt further enacted, That the said society shall and may appoint such other officers, agents, and servants as thTmodeof ^uPon the manner in wlInch said trustees shall be appointed", they may deem necessary to.'transaqt the business of said Election, whether by ballot or otherwise. corporation, and designate tbeir duties. , eiwse. "8 ^ ^ father enacted, That all laws or parts of § 6, And be it further enacted, That all laws and parts of INCORPORATIONS.—1821. 183 laws militating against this act be, and the same are hereby become subscribers in said company* their' successors and Thesub- repealed. assigns, gbajl be, and they are hereby created and made a Sla DAVID WITT, 4 corporation and body politic, by the name and style of " the p®u- Speaker of the House of Representatives. Washington Turnpike Companyand are hereby made able ^ MATTHEW TALBOT, and capable in law to sue and be sued, plead and be im- style. President of the Senate, pleaded, answer and be answered unto, defend and be de- midybeUe Assented to,. May 16th; 1821. fended, in any court whatsoever; and also to make, have,sued- JOHN CLARK, Governor, and use a common seal, and the same to alter at pleasure; ' and also to ordain, establish, and put in execution such by- May make [no.531.] AN ACT to incorporate the Washington Turnpike laws, ordinances, and regulations, as shall seem necessary &yc"!aws Company. and convenient for the government of said corporation ; Pro- Proviso- a turnpike Be it enacted by the Senate and House of Representatives vided, the same be not repugnant to the constitution and esfabibhed of the State of Georgia, in General Assembly met, and it is laws of this State or of the Untted States. city of Au her€^y enacted by the authority of the same, That a turn- § 5. And be it further enacted, That the commissioners Commi^ gusta to U pike road shall be established from the city of Augusta to aforesaid shall he elected by the votes of stockholders, given beeiected Athens. t{,e village Gf Athens, the proprietors of which may-dispose in in their own proper persons or by persons duly author- J^sof of a capital stock of three hundred thousand dollars, divided ized in writing, and the five persons having the highest num- |tockhoid- into shares of one hundred dollars each. ber of votes shall be declared duly elected ; and said com- The Ave nock^sub § And be it further enacted by the authority aforesaid, missioners, when so elected, shall as soon as conveniently P^sons^ script'ion " That the subscription for constitutihg and collecting the niay be, proceed to organize, by the appointment of such highest fpeSaid caPital stock said incorporation shall be opened on the officers as they may consider necessary for the safe and "oSUm?- When.' first day of March next, in the city of Augusta, under the effectual .management of their concerns, and with such com- ed. They At Angus- djrection ai)ci SUperintendence of Samuel Hale, William pensation as said board of commissioners may think proper ™"d toor- * Cumming, and AugUstin Slaughter, or a majority of them; to allow ; skid commissioners shall continue in office for the jjaa|de^a ' also, and for the same purpose ; and at the same time, at the term of one year from the day of their election, with power To con- ' hin^on- town °f Applington, under the direction and superintend- to fill such vacancies as may occur in their board by death, gceone ° u a" ' ence of Josiah Harris, Edmond Bowdry, and Thomas N. resignation, or otherwise; and shall at the end of the first y^with ' Hamilton, or a majority of them ; also, arid for the same ,year from the date of th.eir election, and at the end of every eulnyva- At Wash- purpose and at the same time, in the town of Washington, year thereafter, hold an election for Commissioners, at such mgton; finder the direction and superintendence of David'P. Hill- place and under such regulations ris their by-laws may pre- elections to } house, Gilbert Hay, William A. Grant, Thompson Shepp- scribe. _ ta e place, i herd, and Samael Barnett, Or a majority of them ; also, and § 6. And be it further enacted, That when said board of ^mthe for the same purpose and at the same'time, in the town of commissioners shall be elected and organized in manner ganized°r~ it Lexing- Lexington, under the direction and superintendence of John aforesaid, they are hereby empowered to call in twenty per d ' Moore, Elisha Strong, and Elias Beall, or'a majority of cent, on the amount of subscription, which shall be paid by per cent, of ^ them; also, and for the same purpose and at the same time, the stockholders in current money of the country, said board ofsubscnp^ .A Athens. jn the "village of Athens, under the direction and super- 'first giving twenty days' notice of the time such payment is ^"jceof ti intendence of Stevens Thomas, Samuel Brown, and Henry required to be made ; and said board are further empow- therequisi- ]''rsubs°c0ks ^ackson' or a majority of them : the books of subscription ered to make such further calls upon the stockholders as g£en°be iionuTbe1 shall be kept open for the space of thirty days, during which they may think proper; Provided, the same be not oftener ^oard fRrty°&; n and may be lawful for any person or copartner- than once in six months ; and provided, the sum called in tolnakT ^take°n S^'P' citlzens °f the State of Georgia, to subscribe for do not exceed twenty per cent, on said subscriptions ; and if ^"sher litoicthaa any number of shares not exceeding fifty ; Provided, that if there shall be a failure to pay the first sum so called for by Proviso. • ^ the whole number of shares be not taken up within the said board, the person, corporation, or body politic so failing infanure°f j, " ' space of thirty days aforesaid, it shall and may be lawful for shall forfeit the shares for which they may have subscribed, onjjje part j, any person or copartnership, being citizens of this State, and the board may dispose of the same ; and the subscriber sharehoid- g: corporation, or body politic, established within the same, to so failing shall further forfeit and pay to said board, for the u^cre-"" ^ow the subscribe for any number of shares unsubscribed'for, and use of the company, the further sum of ten dollars upon each ated. njilaifbe thc shares which may be so taken up shall be paid for in share he, she, or they may hold, to be recovered in any \id for. manner herein prescribed and provided for; the stock to be court having jurisdiction thereof; Provided, thirty days'no-Proviso* ;aJ subscribed for shall be apportioned in the manner following ; 4ice of such be invariably given : and for any further failure l^ck a V*Z' at ^"gustaj seven honoured Shares ; at Applington, five there shall be a forfeiture of the shares and the amount paid &'rtk)ned. hundred shares ; at Washington, eight hundred shares ; at in. None but a stockholder entitled in his own right to ten 1 Lexington, six hundred shares ; and at Athens, four hundred shares shall.be a commissioner; and if any commissioner jj( shares. ( after his election shall cease to be a stockholder, his seat ,jj,en.the § 3. And be it further enacted, That when said subscrip- shall be vacated, and the board shall proceed to fill such va- 3]>n shall tion shall be filled, the stockholders may proceed to the cancy by ballot, from the balance of the stockholders. , election of five commissioners, to manage the affairs and § And be it further enacted by the authority aforesaid, Jnhfh® p'JJfj : >iders concerns of said company ; said election shall fie held at That said board, upon the payment of the first instalment mentofthe jlmmS* Washington, under the direction and superintendence of the upon stock, shall deliver to each stockholder a printed cer- StTw1" persons herein appointed to open books at that place, after tificate, setting forth the number of shares that such stock- sj.ye® el^af- they shall have been notified that the stock has been taken holder is entitled to, and the amount paid thereon ; which cer- tPifieate,&c* Miction'1 to UP' and after tfiey sha11 have given thirty days' notice of the tificate shall be signed by the president and treasurer of the time of such election in the Athens Gazette, Washington board, and shall be transferable by assignment, and when by the Pre- aj ashing- j\jewg> an(j one cf public gazettes of Augusta ; the num- produced to the board by an assignee, may be taken in, and Treasurer given° ker °f votes each stockholder shall be entitled to shall be a new one issued in its stead to the proper holder, who shall of the ^ ites regu- regulated by the number of shares which he may hold ; one thereupon be entered as a member of said corporation upon oar ' 1ares.y share shall entitle the holder to one vote; two shares, the books of the board; said board shall meet from time to Said Board & and not exceeding five, two votes ; for every five shares time upon their own adjournment, or at the call of the pre- ,, above five, one vote ; Provided, that no person, corporation, sident, or upon the demand of any twenty of the stock-to time, f or body politic shall be entitled to more than ten votes. holders, and shall keep a regular record of theix; proceed- § 4. And be it further enacted, That all those who shall ings* and a majority shall be competent to the transaction 190 ' INCORPORATIONS.-J&l. A majority of business; and for the better ordering and success of the ICourt of the county in Which said road may be ; and it shall touaS affairs of said corporation, said board shall be further vested be the duty of the said court to examine the same, and if it berc^w business, with power and authority to enter into all needful contracts' is constructed according to the true intent and meaning of mate au , with artists, labourers, and others, either for the purchase of this act, they shall return a certificate thereof to said Board, of tim materials, or the performance of service, or for or concern- who shall be thereupon authorized to erect the necessary «ou tracts, ing any other matter or thing necessary in the discharge of gates, and to demand such tolls as are hereinafter specified, fond my their duty and the completion of the object of said incorpo- And as farther portion's of said road are completed and ap- The said' ration. proved as aforesaid, the like gates may be erected and the The Tum- § 8. And be it further enacted, That said turnpike road like tolls demanded ; and for. the easy and certain • collec- tmcate.te. u» ctfm-°ad shaU commence at the corporate boundary of the city of tion of such tolls'as the corporatiori may be entitled to, said mence at Augusta, and run in the nearest most convenient direction Board shall have power to appoint agents or gate-keepers, andgU3a' to Applington, in the county of Columbia; thence the and to prescribe such regulations and enforce such rules as mandLi.* from6 nearest most convenient direction to Washington; thence will most' effectually ensure collections and prevent fraud: thence pre- the nearest most convenient direction to Lexington ; thence Provided, such, rules and regulations be printed and posted appointed, ta'case ofd the nearest most convenient dire6tion to. Athens. And to up at each gate. The rate of, toll shall be as follows : for Wbanhat cuit enable said Board to determine the direction of said road, every horse, rode or led, not exceeding one cent per mile; [J® running it shall and, may be lawful for them, and the artists and for every pleasure callage of two wheels drawn by one said gam. overp?i-d others by them employed, to enter upon the lands dndenclo- horse, not. exceeding two cents per mile; for every plea- vatepro- sures through and over which said road may be expected 'sure carriage, stage, or light wagon, drawn by two horses, shSf'behat to pass ; and to examine quarries, gravel, and other mate- not exceeding three cents per mile ; and if drawn by four done, &c. rials necessary to the construction of said road ;• to survey - horses, not exceeding three cents and a half per mile; for and iriark the route of the same, having reference to the every cart or wagon of burden, not exceeding one cent per ground ' and distance between the pointy' aforesaid : JPro- mile on each horse drawing the same; but if they be drawn » azded, That if the. said road be laid out and opened-to the by oxen or mules, two oxen shall bq estimated as one horse, injury of any person or persons whatsoever, by passage and mules as horses: and said Board shall have the autho- through their lands, such person or, persons shall be re- rityof lessening the rate of toll in favour of carriages of , munerated by a sum to be agreed oh by the parties ; ■ and burden, in proportion to the width of their wheels up to nine in case of disagreement, then the same shall be deeided inches, and in proportion, to the 'surface which they may , ; * by two persons (with power of umpirage), one of whom, roll up, to fifteen inches;, and shall' also have authority of - shall be selected by each party ; and the damage so asceN settling the rate of toll to be paid by any animal led,'rode, . tained shall be paid forthwith tothe party injured. And or drove^ and on any vehicle, not hereinbefore mentioned. in the building and construction of said road, it shall be § 11. And be iffurther enacted by the authority aforesaid, Theim further lawful for said Board, and the artists and labourers. That if ariy part of said road shall be out of good and perfect with their implements, tools, teamsr wagons, or other ve-: order and repair,for the space of twenty days together, it repairs hides or machines, to eriter upon, and pass ovfer the lands shall and may be lawful for any person aggrieved thereby, r and enclosures which may be contiguous to said road ; and to give information to the nearest justice of the peace, whose to. cut down/dig, and remove any timbers, earth, or stonb duty it shall be* to, issue his precept,'directed to any con- eventbe which the'y may require: Provided always, that notice of stable; commanding him to summon three judicious free: fh0"^ sqch entry be first given to theN person or persons owning holders, to meet pn a certain day, in said precept to be men- such premises, and the amount of damages so agreed on tidned, at the place complained of on said road : the keeper Them- betweenithe parties, or ascertained in manner aforesaid; of the nearest gate shall have notice of said meeting, and but in case pf refusal by said person or persons to - settle said freeholders, having been sworn, shall, in connexion with suctuas* said damages either by agreement or reference, then it shall" such justice, examine and determine whether such road is be lawful for the said Board or their agent to call on tfh'e in good and perfect repair, according to the true intent and nearest disinterested justice of the peace,; who' shall appoint meaning of this act. And in case thedecision be iniavour Whenti* three disinterested freeholders to examine and determine of the ^person complaining, the corporation shall pay to the Si" the controversy, and upon tender of the sum or sums which justice and constable the sum of two dollars each, and no- such persons may award, s'aid Board and those ,in their em* tice of such finding shall be, given to the two gate-keepers corpm* ploy may eriter, and pass, and procure materials' as aforesaid, on each side of the place complained of, who shall cease to in all instances taking care to do the least possible injury to .demand toll of any passenger between said gates, until said cost,** the adverse party. . ' r0ad is restored to a proper state of repair: and if said cor- The Board § 9.Andbe it further enactedby the authorityafi&esaid, poration should fail to make such repair for the space of fo erect6 That said Board shall - have power to erect bridges where twenty days, they shall cease to demand the toll at either of {*henes' same may necessary ; and the road' which they may the gates aforesaid,, of any passenger travelling in either di- necessary. build and construct shall be fifty feet in width, and twenty- rection., ™beRfiai except when overtaking and passing ; and any pas- igainst this senger offending against this regulation, shall forfeit and pay - indihefinetbe sum °f two dollars, to be recovered by any person, by war- or them, rant, whohasbeenobstructed, and whomay prosecute therefor. t \ gate- § 15. And he it further enacted hy the authority aforesaid, nanding" That if any gate-keeper, or toll-gatherer, on said road, shall ( j^au'1 ask' demand, Or receive a greater toll than is herein author- t horized, ized and provided for, such person so offending shall forfeit f' ind'pay'eit and Pay tbe sum °f bve dollars, to be recovered by warrant; ive dollars, one half to the informer, and the other to the county where such person resides. haiTbe § 16. And he it further enacted, That no suit or action Iroseeuted sba^ be brought or prosecuted by any person or persons, fter six for any penalties incurred under this act, unless suit or ac- ienaities"or ^on is commenced within six months, next after the fact nderth committed; and the defendant or defendants, in such suit, ict.er 's may plead the general issue, and give this act the special 'ence ad-*" ma^ter i" evidence, and that the same was done in pursu- ■ ussibie ance, and by the authority of this act. sneTai'16 § 17. And be it further enacted, That if said corpora nTess the ^on sba^ not compiete sa^ wor^ within five years from the jadbe time of calling in the first instalment upon stock, then this vfyears11 charter of incorporation shall.be considered as forfeited \ fter the and the State shall resume all and singular the rights, pri- 11 en/paid^ vileges, and franchises, by this act granted to said company, rfmmd § 18. And he it further enacted, That if the Legislature fter the should, at any time after the year eighteen hundred and iw the°' sixty, think proper to make said road or any part thereof 11 property of the State, then three persons shall be chosen ! vnerof by the Governor, three persons by the board of commis- 1 Purely.d si°ners» and three persons by the judges of the Superior ilr Courts of the middle, northern, and western circuits, who, or any five or more of whom, shall proceed to examine and estimate the value of the property which the said company T may have therein, and certify the same to the Governor, to be laid before the Legislature ; and whenever the amount so certified shall be paid, the right of said company, to rp- ceive toll on said road shall cease, and their right and inte- rest therein be redeemed and perpetually vested in the State of Georgia. o stock to § 19. And he it further enacted, That no part of the |pstate,,y st°ck hereby created, shall ever be taken by the State, un- ccept by' less the Legislature pass a law especially for that purpose, wforthat DAVID ADAMS, r1^03^ Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 24th, 1821. JOHN CLARK. Governor. an act to incorporate the Augusta Freeschool[no.532.] Society. Whereas, it is a desirable object with every individual Preamble, who feels a sincere regard for the prosperity and happiness of his country and that of society, to encourage and sup- port the principles of religion and morality, and to give an early attention to the education of youth, that by suitable instruction they may be moulded to the love of virtue and good order; and whereas a society has been formed in the city of Augusta, styled the " Augusta Freeschool Society," for the education of indigent children in Augusta and its vicinity; § 1. 2?e it therefore enacted hy the Senate and House of The direc- Representatives of the Slate of Georgia, in General Assem- A^usia'6 hly met, and it is hereby enacted by the authority of the Freeschoo same, That the Rev. William T. Brantley, Rev. William made'a Moderwall, Augustus Moore, William J. Hobby, Ralph p°Jtecor" Ketchum, Samuel Hale, Hugh Nesbitt, Joel Catlin, Abiel Camfield, Robert A. Reid, Carlos Tracy, John Campbell, and Thomas McDowell, directors of the Augusta Free- •school Society, and their successors in office, be, and they are hereby made a body corporate, to be known by the name and style o'f "the Augusta Freeschool Society," with ftsstyte.; full power and authority hy that name to contract and be contracted with, to sue and be sued, and to plead and he impleaded. § 2. And he it further enacted, That the said corpora- Rested tion, by its said corporate name, shall have full power and manner of authority to acquire and hold estate, real and personal, by ^fand' gift, grant, purchase, alienation, or devise, or in any other personal mode whatever, according to the laws of this State. § 3. And he it further enacted, That all contracts, gifts, ah con- or grants heretofore made with the directors of the Augusta iofore ere Freeschool Society, shall be deemed and held valid in law, and to inure to the benefit of the said society as if the tors made same had been made by the present corporate name. iVawdm §4. And he it further enacted, That all laws or parts of Repealing laws, militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1821. JOHN CLARK, Governor. an act* to incorporate the Georgia Mutual Insurance [no.533.] Company. Whereas, insurance companies fairly conducted are be- Preamble, neficial to society, by dividing among many losses which would otherwise fall heavily on few ; and whereas, the good of this State would be promoted by keeping within it large sums of money, which at present are sent abroad to pay for insurance and whereas, this policy is rendered the more necessary, sihee some of the northern and eastern insurance offices have lately refused to insure on any terms property situated in the southern States, and these as well as foreign insurance companies demand exorbitant premiums from the good citizens of this State for the insurance of their houses and effects against losses or damage by fire ; in consequence whereof, buildings and merchandise to a very large amount remain uninsured, the owners thereof finding the rate of premium too high to be supported by the income of real estate or the profits of business ; § 1. Beit therefore enacted hy the Senate and House of Re~ Th^Geor-^ prescntativcs of the State of Georgia, in General Assembly insurance* met, and it is hereby enacted hy. the authority of the same, • That Thomas Cumming, John Campbell, Peter Bennoch, rated, and Robert Reid, Thomas McDowell, Solomon Kneland John aboardtof * gee No. 537, repealing this Act. 192 INCORPORATIONS.—182L EST Carmichel, William H: Turpin, Augustln Slaughter, llobett- with all the powers atid advantages, privileges and emolu- anda'uted ^a^ton> Anderson Watkins, John Moore, Alexander Spen- ments of an association of persons incorporated for the in- pointed. cer, William.Micon, Walter Leigh, Asaph Waterman,1 and tentions and purposes aforesaid.' ' Samuel Hale, be, and they are hereby constituted a board of , . DAVID ADAMS, ^ commissioners, whose duty it shall bte, or a majority thereof,- ' Speaker of the Ilogse of Representatives, authorized fo convene in the city of Augusta, atid, after organizing' MATTHEW TALBOT, to open themselves, to open books of subscription for shares in said'. , President of the Senate. subKn> company ; and when the said shares, amounting to the cai v Assented to, December 21st, 1821. rfiares^n pita^ere^nafter mentioned, shall have been subscribed, or t JOHN CLARK, Governor. ^ said com- that portion of it, on the receipt of,which the business of * - ' '— andytheir' sa^ comPany is hereinafter authorized to commence, it shall AN ACT to incorporate the Grand Royal Arch Chap- [no.534.] duty gene- then also be the duty of said commissioners to give, public .ier.of the State of Georgia. r?'Iy* •• notification in the Gazettes of said city of Augusta, request- Whereas, William Schley, David Clarke, William Bivens, Preamble, stockhoid- ing a meeting of the share or stockholders of said company,- George M. Wolcott, B. D1 Thompson, Daniel Hook, Tho- fortheelec-1 such time as to the said commissioners may, seem most mas Darley, Asa. Holt, and Caleb Cooksey, officers of the tionof offi-' convenient, for the election of officers of said company as4 Grand Royal Arch Chapter of ,the State of Georgia, have, s' . hereinafter directed. ' fcy their memorial, stated that there exists divers mark mas- stockhoid6 § 2. And be it furtherenacted by the authority aforesaid, ter's, lodges, and royal arch chapters in this State, over ereshau " That so soon as said share or stockholders of said company, which there is a presiding, or superintending grand chapter ^demand or a maj°nty °f them, shall have been convened, pursuant composed of the memorialists as members, and divers others directors of to notification as aforesaid, the said share or stockholders,' who have joined in promoting the good of the craft, pany?0111* under the" direction of said board of commissioners, Shall, founded on the ancient usages of their society, the principal proceed to tlie election of a president and directors of said of which are'charity and universal benevolence ; to the end, company;. \ therefore, that charitable institutions may be promoted and Thepresi-^ §3. Arid be it further enacted by the authority aforesaid, secured in their rights and privileges, tors,andeC" That the said president and directors, and their successors Beit enacted by the Senate and House of Representatives madeTy ^!e» an<^ they are hereby, created and declared to be, a of the State of- Georgia, in General Assembly met, and it is chapter body cor- .body corporate, by the name and style of u the Georgia Insu- hereby enacted by the authority of tlie same, That the seve- gee0^ale°f itestyie. ranee Companyand by that name and style shall have sue-, ral persons hereinbefore named, and others who'are or may corporak t cession of officers and members for the term of twenty years, become members of-the grand chapter, and their succes- May sue sue-and be sued, plead and be impleaded, have and use a sors^ shall be, and they are hereby deemed to be, a body po- Indmake1'common seal, and make, repeal, alter, and amend by-laws litic and corporate in name and deed, by the style 'of'The by-iaws, for their government; Providedi such by-laws be not re- Grand Royal Arch Chapter of the State of Georgia ;"v and Proviso. \ pugnant to the laws or. constitution of this State Or the by the said name and style shall have perpetual succession United States. , ' , • of officers and members, and a common seal to use; and Th6 capital § 4. And be it further enacted, That the capital stock of shall have full power to make, alter, amend, and change Shall have S^ceedflve said company shall not exceed five hundred thousand dollars, such by-laws as may bp agreed on by the members of the ["make By- thousand to divided and apportioned into shares of fifty dollars each same ; Provided, such by-laws be not repugnant to the laws dollars;and share ; and that the said company may commence its busi- or constitution of this State or of the United States. hundred'66 ness an(i operations so soon as three hundred thousand dol- § 2. And be it further enacted by the authority aforesaid, Tbeincor- thousand lars shall have been paid in and deposited. That they shall have full power and authority under the hav^fuV0 pafd; to § 5. And be it further enacted, That the said company, style and name of''The Grand Royal Arch Chapter of the business.66 w^en organized as aforesaid, shall have full power and au- State of Georgia," to take, hold,' and enjoy real and per-tohoid Shall have thority to insure property: and effects of every nature and sonal property, to sue and be sued,, plead arid be impleaded, sXd'te to hisure6r description against sea-risks, fife, and other accidents and answer and be answered , unto, at any court of law, or at sued>&c ' property, casualties, for which insutance companies are usually esta- any tribunal having jurisdiction; thereof; and also to. re- Proviso, blished,-organized and incorporated; Provided, notwith- ceive, take, and apply bequests or donations that may be standing, that said company shall not at any one time insure made to and for the uses and purposes intended by the said property to more than three times the amount of the capital institution; and shallv be, and are hereby declared to be - stock. . - " 1 vestqd with all powers and advantages, privileges and emo-' individu- § 6. And be it further enacted!, That, the said company lurrfents of a society of people incorporated to the purpose corpbrateiy shall be bound and held liable, in their individual as well as. and intention of their laudable institution, uahiero corporate capacity, to pay all losses on property insured by § 3. And be it further enacted, That all regular consti- losses^ them withip two months after such loss or losses may hap- tuted chapters under the power and jurisdiction of the said chapiera, pen ; and on failure thereof, this charter shall be null and grand chapter, are hereby declared,to be bodies corporate void. ' ' \ \ and politic in name and deed, by whatsoever style and name of the Nottoissue § 7. And be it further enacted, That the said company they may be called and known in their constitution, with chapter, denomfinay sha11 not issue change-bills, or printed or engraved notes, or ' equalpowers to those which are hereby given to the said tion what-bills of credit, of any denomination whatever. ' Grand Royal Arch Chapter of the State of Georgia, so long porate,9o Fun'power § 8. And be. it further enacted, That the said company as the said chapter remain under the power and jurisdiction [X'J §aid Com- sha11 have free power and authority, under thei style and name of the said* grand chapter, and in all things abide by and panytosue, of the President arid Directors of the Georgia Mutual Insu- conform themselves to the Resolutions and by-laws of the of the &c" ranee Coriipany, to sue for and receive all such sum or sums same, and no longer. cJ^ipwr. of money as may become due to said company, before any § 4. And be it further enacted, That this act shall be, This^ tribunal having jurisdiction1 thereof; and' the rights and pri- * and is hereby declared to be deemed and considered a pub- public Act- vileges of said company, in any court, or at any tribunal lie act, tp all intents and purposes whatever. And to whatever, to defend, and also tb take, receive, purchase; and . ' ALLEN DANIEL, receiveany possess any property real or personal, for the use, benefit, or Speaker of the House of Representatives, kind of advantage of said corporation ; and to sell or dispose of the MATTHEW TALBOT, property. game .n ^ manner said company may direct; and the said President of the Senate. i company shall be, and they are hereby declared to be vested Assented to, November 27th, 1822. JOHN CLARK, Governor. INCORPORATION S.—1822. 193 Preamble. The Darien Voor-house of Darien, incorpo- " rated. Its mem- hers. [no.535.] AN ACT to incorporate the Darien Poor-House and Hospital Society, and to invest them with escheated property in certain cases. Whereas, it appears from the memorial of a number of respectable citizens of the city of Darien, in the county of Mcintosh, in connexion with the recommendation of the mayor and aldermen of the said city, where the growing commercial importance continues to increase the number of adventurers from the different parW of the world, that the inhabitants of the said city are exposed to the burden of those afflicted with poverty, disease, and infirfliity; that no adequate provisiori has as yet been made for their Support iq . times of accident, sickness, and distress ; that the citizens and mayor and aldermen aforesaid have united their eL forts in commencing an establishment for alleviating the condition of the poor, sick, and infirm, of all descriptions, whom Providence may cast'upori their protection ; and have, with benevolent and disinterested views, subscribed liberally' for the support of a poor-house and hospital; and that 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, Be it enacted by the Senate and House of Representatives and Hospi-' and they are hereby declared to be, a body corporate, in name and in deed, by the style and denomination of " The Darien Poor House and Hos- pital Society 5"• and by the said name and style shall have . perpetual succession of officers and members, and a com- mon seal to use; and shall have power to make, alter, amend, and change such by-laws "as may be agreed upon by the members of the same ; Provided, such by-laws be not repugnant to the laws'or constitution of this State nor of the United States.. § 2. And be it further enacted fyy the authority aforesaid, That they shall have full povyer and authority, under the style and name of " The Darien POor-House and Hospital Society," by which name they.shall sue and be sued in any courts of law or equity of this State, and to take, and to-hold, and enjoy real and personal property; to sue for and re- cover all such sum or sums of money as now are, or here- after may become due to the said society, a.t any court of law or equity, 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 beqiiests or donations as may be made to and for the uses and purposes intended by the said insti- tution ; and shall be, and are hereby declared to be vested with all the powers and advantages, privileges and emolu- ments of a society of people incorporated for the purposes of their laudable institution. i ,herp shall § 3. And be it further enacted'by the authority aforesaid, jankers That for the purpose of carrying fully into effect the bene- iK fsaiu so- volent designs of the aforesaid institution, there shall be eight Bb managers of the said poor-house and hospital, chosen from the members of the corporation, or their successors, by 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 full power to elect, by ballot or otherwise, as may be directed by the by-laws of said corporation ; and the said managers thus elected shall, at their first regular jneeting thereafter, elect a president, treasurer, and secre- tary, from their own body; the board of managers thus elected shall have power to choose physicians and surgeons, to attend thp institution after such manner as they may direct. § 4. And be it further enacted by the 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 Mcintosh, and of the escheated property that may accrue in said county, under the-same rules, regulations, and restridtions, and with the same reservations as to right of heirs of the deceased as the property escheated is held by the State; any thing in the escheat laws of force in this State to the contrary notwith- standing. § 5. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same is repealed. ALDEN DANtEL, Speaker of the House of Representatives. MATTHEW TALBOT, . President of the Senate. Assented to, December 21st, 1822. JOHN CLARK, Govern^. ciety, cho- sen from the mem- bers, &c. The mana- gers to elect a President, Treasurer, and Secre- tary from their body. Also Phy- sicians and Surgeons. The Poor Tax of the County, and es- cheated property, vested in then), &c. Repealing clause. Power to nake by- -aws. Proviso. . Way sue ind be sued. Way hold Property, fcc. AN ACT* toincorpdrate the Medical Society of Augusta, [no.536.] Georgia. Be it' enacted by the Senate, find House of Representa- The Medi- five's of the State of Georgia, in General Assembly met, and Augusta it is hereby enacted by the authority of the same, That from and after the passing of this act, Anderson Watkins, pre- sident,''Alexander Cunningham, vice-president, Milton An- tony, Thomas J! Wray, W. T. Young, William Savage,'John Dent, B. D. Thompson, and Thomas H. M. Fendall, all of the city of Augusta, together with such others as now are or may hereafter become members of the association cajled " The Medical Society of Augusta, Georgia," be, and they a?e hereby declared to be a body corporate and politic, under 'the name and style of " The Medical Society of Augusta, Georcria ;" ancfshall be capable in law to receive, hold, and invested 'enjoy real and personal estate, for the use and benefifof said perty,P&'c. institution, and shall-have .perpetual succession of officers and members, and may have and use a common seal; and under the name and style aforesaid may sue and be sued, May sue ylead and be impleaded, answer and be answered' unto in any court of law or equity in this State having the requisite jurisdiction. § 2. And be it further enacted by the authority aforesaid, Shan be That the said society shall be capable in law of receiving receiving any bequest or donation, whether in money or other thing, a^typJ,y for the benefit of said institution, by whatever name or style gfa.&c. the same may be made; and* under their name and style aforesaid may, when the interest of the society and its pros- pose of the perity seem to require it, sell, lease, or exchange any estate same- by them acquired, whether by purchase, bequest, or donation. §3. And be it further enacted, That "The Medical ay make Society of Augusta, Georgia," aforesaid, are hereby vested with full power and authority to make and establish such regute-^ by-laws, rules, and regulations for their own. government as their'own they may deem expedient and necessary Provided, such Proviso., * See Acts Nos. 539,543. 194 • INCORPORATIONS.—1826, by-laws, rules, and regulations be not repugnant to the fawg the appointment of a president from among their own body; JtePw. or constitution of this State or of the United States ; and and the said president and directors may appoint such of- uif'eca^g • •provided also, that such by-laws, rules, and regulations shall fleers' under them as they may deem necessary and expe- at all times be subject to be altered or repealed' by the dient for carrying the said institution into effect. eenat1 Legislature. . » ' .' . . • § 6.' And be it further enacted, That the said company, 1 , ALLEN DANIEL, when organized as aforesaid, shall haye full power and au-Maying Speaker of the House of Representatives, thority to insure property and effects, of every nature and de- MATTHEW TALBOT, scription, against losses by fire 'or water, and all other acci- President of the Senate, dents, dangers,-and "casualties for which insurance'compa-agaiDBt^ Assented to., November 27th, 1822. - nies are usually established, and also on live3. - or»at«. JOHN CLARK, Governor. §;T. And be it further enacted', That said company shall Bound to .be bound to pay. all losses on property, or other assurances tosseson [no.537.] AN ACT to incorporate the Georgia Mutual Insurance\ made by them, within six months after the happening there- • , (Company, and to repeal the Act libretofdrt passed for of; and in all cases where the claimant shall be com- l^ouns, % that purpose, > ' , V-'■ • ' ' < 1 pelled-to institute a suit for, the recovery of such losses, the wchen The Geor-* Be it enacted by the Senate and House 'of Representatives- same -shall stand in ordfer for trial at the first term , and the fSr of tlx State 0/ Georgia, in CW Assembly 4* and it u A™""' ""V™* sb/!'b-e en'"T '£hAai J oil, 5?" terete enacted by the authority of the same, That Thomas ^P'^or. of the. said s« months ; tod the said company « SSfis Camming,' John*Campbell, Hagh Jfesbit, Ahdersrin.Wat- «hall,,neglect or refuse to pay such losses with.nthp said SS„, to". William Mieou, and Samuel Hale,'or any three or.more ,months, where there * no d.spute as to- the amoun !3dTo: of them, be, and they are hereby constituted:ahoard9f pom- or w"h,n ten, days after final recovery agamst SWt missiohers,.whose duty it shall be to open, a, Book V0f hhr -them m earns disputed, then, and m such event, this charter to tie kept. scription' for shares in said company ; which book shall be ^ -e ,fn |V01 ,' rp. . a -i open- ■ opened on the first Mo,day in February next, and shall con- . i8' Md. he afwilwr enacted,- That, the .tod^omptm, Jw - . tinue. open for twenty days at such place, and for.so many ^ 'haTe «">*«t0 f ce,vf' Md, purchase, ami possess any J hours each day,'as''the said board of commissioners hnay property, reM or pbrsonal, for the ush btmefit, or advan--r.- »«-« "4 determine-on; during which time;, ifshall be lawful for any «f.Aj f'd corporahon, apd to sell and dmposh of the fiiS. person a* persons, citizens of this State, jto subscribe for any -same '> and aW ,decla7d be vet l™"1 •" number /shares not exceeding one hundred ; and if t4 adva»tages> R™lege«, andemoluments. of an as- whole amount of capital hereinafter mentioned he not sub- soc,atIoa °f Pers!T weo-yprated for th, intentions and ' 'scribed at the said eipiratlon of twhnty days, ifnhall then be purposes, .aforesaidthat nothing in dmP»» • , lawful'for any citizen or citizens aforesaid,'or Tor any cor- 'act contained shalj be so construed as to authorize the said JNoticeto . __ r ui vuui_ beforeethe missioners shall give notice in the public gazettes,of;Au--S^al- a£d ma^ continue for and during theterrn of thirty^ Sa gusta, at least one week before the epeding'of said book of f af ftom . the . passage of this act, .unless the same should J'* to,*,,™ subscription, of thd time ,and place "of subscribing; .nd.lbat STv? ^ ' -v. opened! said commissioners ma^tequire from each subscriber aisUm , § ^ ie furth?r enacted That the Legislature ^ ■ not exceeding one per cen\on the amount subscribed by ?hf be uuthonze,d to repeal or aftm this Charter, whenever '.film, her, or. them, to be paii^to tlie hand? of said commis- " fal to them appear.necessary, for the; public good. * . sioners at the time of subscribing.' - •' : § 11. And he it further enabled, That the act entitled tw The stock* . § 3. And.be it further enactedj ■ That the stockholders An Actio incorporate th^eorgia Mutual Insurance Com-ji, KSted :in said institution-shall Be, md.they are hereby declared to Pa"y,' Passed,tbe 21st D«ceniber; 1821, be, and the s,meis w; corpoLe:^^e'a b°dywrPorate and politic, undeijth^ name' and style hereby repeaJed.' • „' . 4 ; . its style, -of" The Georgia Mutual .Insurance Company-;"'and by that ^ ' ' > v -A^LEJNI>^\.NIELi, SVf name and style may.sue and be sued, pleid and be ip- ' sued, . pleaded, answer and be answered unto, in any court of law' : > ' 4 ' " iVAAA JJf-/: : l fJ'P i? _ or equity in this State or; elsewhere, hatvifag competent--jhris- . - , ' ^ President of the Senate, diction; and shr^l enjoy pdrpetual successioh of office^'and Assented to, December. 9th, 1822. . . . . . members, may have and use a common seal, may make, or- ' . JOHN OLARK, Crovernoj. ^ wiy,»fke ^ain' and establish such by-laws, rhles, and regulations, as *•.' '*■ '• ^ ," « • 7 ri £!a ■' they may deem expedient and necessary to carry'into effe,ct AN ACT 1° corporate St. -Andrews Society, in the P* Proviso. the objects of this institution ; Provided, such by-laws, rules,, • • ;* pty ofi Augusta, Georgia. : ordinainces, and regulations be not repugnant to the.laws Whereas, a Voluntary association of persons hath been P161111 or constitution of this State or of the> United States. ' r. formed in the city of Augusta^ under the nhme and style of bjt'he ca-U .§■ And ^e ^ farther 'enacted,tThat the capital stock of the St.. Andrew's Society of the City of Augusta, Georgia, pitai stock said company shall not exeeCd five hundred thousand- dol-* for benevolent and charitable purposes ; and whereas, the SSny. lars' ^hich shall be divided into shares'of one hundred dol-', persons so associated under the name and style aforesaid iviienthey larS; but. the company may commence business so soon as are desirous of being incorporated ; one hundred thousand dollars shall have been paid, accord- Be it therefore enacted by the Senate and House of Be- Jj5 mhos*. - jng to such plan as they may adopt; and that, upon the ex- presentatives of the State of Georgia, in General Assembly • piration of the said twenty days hereinbefore allowed for met, and it is hereby enacted by the authority of the same, ^ subscribing, it shall be the duty of the said commissioners to' That the'several persons and members of the said society, convene the stockholders, or subscribers, by giving ten days*' and all others who shall hereafter become members thereof, notice Vn the public gazettes of August^ of the time and shall be, and'they are hereby declared to be, a body corpo- Bdardof pla^e of meeting * who'may then, bij ht Tiny time thereafter, rate ip deed and in name, and under the style of the St. An- be ejected.0 proceed to the election of a board ©f directors, under such drew's Society of the City of Augusta, Georgia; and by said rules and regulations as they may adopt for that purppse. name shall have perpetual succession of officers and mem- President ; § 5. And be it further enacted, That the directors so bers, the privilege of making and using a^common seal, the when appointed shall, at their first meeting thereafter, proceed to power pf establishing, forming, ordaining, changing, and INCORPORATIONS.—1827. May make by-laws, &c. Proviso. May sue and lie sued. invested 'with all manner of property, lveal and ;pereonaI. ,1, I .Phis Act 1 nade a I niblic Act. 1827. 10.539.] i Trus- i of the sonic I, in the of Au- a, no- ated incor- .'.ted. i'tyle. ", make £ iws, 'J> J Com- toners , e Ma- : Hall |£f-ry re- .id to !fl' over to parties 'in in- ■nrated, ,iett 1 leds. ,11 amending such constitution, by-laws, and regulations as may bd agreed on by the officers and members of said soci- ety; Provided, such constitution, by-laws, and regulations be not repugnant to the constitutions and laws of this State. § 2. And be it further enacted, That said society shall have power and authority to sue for and recover any and all debts, dues, and demands which it now hath, or may here- after have, and the rights and privileges of said society in any court to defend, to contract and be contracted with, to receive and make conveyances of real or personal estate for the use and benefit of said society, and shall and are hereby declared to be invested with all the privileges, powers and advantages, rights and immunities of a society of people in- corporated for the purposes intended by their association and institution. § 3. And be it further enacted, That this act shall be. deemed and' taken as a public act to all intents and purposes whatsoever. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 1st, 1826. G. M, TROUP, Governor. AN, ACT to incorporate the Trustees of the Masonic Hall in the City oftAugUsta. Whereas, by an act of the General Assembly of this State, passed on the fifteenth day of December, eighteen hundred and twenty-four, certain persons therein named were con- stituted commissioners, and authorized to .raise by lottery the sum of twenty thousand dollars, for the purpose of build- ing a Masonic Hall in the city of Augusta ; and whereas, it is made known to this Assembly, that in pursuance of said act said commissioners have raised the said sum of money by lottery ; and whereas, it was the intention of said act, that the hall intended to be built should be for the benefit of all the masonic institutions in said city, some of which are not incorporated; Be it therefore enacted by the Senate'and House of Re- presentatives 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 passing of this act, Samuel Hale, Augustine Slaughter, Thomas J. Wray, Birket D. Thomp- son, John W. Wilde, Robert Raymond Reid, Alexander McKenzie, William T. Gould, William Duncan, Thomas G. Casey, Jonathan S. Beers, James C. Morgan, and Fran- cis Ganahl, and their successors, shall be, and they are hereby constituted and created a body corporate and politic, by the name and style of " the Trustees of the Masonic Hall in the City of Augusta." § 2. And be it further enacted, That the parties so in- corporated as aforesaid, and their successors, shalkbe, afid. they are hereby authorized to have and use a common seal, and to alter the same at pleasure, and by their corporate name aforesaid to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity; and also to ordain, establish; and alter at pleasure such by- laws, rules, and regulations as may seem necessary and con- venient for the government of said corporatibn, or the ma- nagement thereof; Provided, such by-laws,, rules, and regu- lations be not contrary to the constitution and laws of this State or of the United States. ^ § 3. And be it further enacted^ That the commissioners of the Masonic Hall lottery shall, so soon as the business of said lottery is finally closed, pay over to the parties hereby incorporated, or their successors, the nett proceeds of said lottery remaining in their hands; and the parties so incor- porated, and their successors, shall be, and they are hereby authorized and empowered to have, hold, use, and enjoy, purchase, receive, possess, and alien, or dispose of at plea- B b 2 sure, lands, houses, rents, goods, and other property, both invested real and personal, to an amount not exceeding at any one jSy.pr<>* time the value of one hundred thousand dollars. § 4. And be it further enacted, That the said parties so Required incorporated as aforesaid, and their successors in office, LnnuaUy'1 shall, be required, when the intended Masonic Hall shall &<=. have been completed, to account annually, on or before the first day of December in each year, with the several masonic institutions now existing in said city of Augusta, and known as the consistory of the sublime degrees, Georgia Encamp- ment, No. 1, AdOniram Council, No. 1, Augusta Chapter, No. 2, Social Lodge, No. 5, and Webb's Lodge, No. 19, for all rents and. profits received from said Masonic Hall, or other property belonging to said corporation ; and after de- ducting all necessary expenses for repairs, insurance, taxes, improvements, or other incidental charges, shall pay over to the respective treasurers of said institutions such several pro- portions of the balance of such rents and profits as may be from time to time fixed on by a majority of said institutions. § 5. And be it further enacted, That the said parties so The Ma-^ incorporated as aforesaid, and their successors, shall be re- how to be', quired to appropriate the intended Masonic Hall, or such ^ parts thereof as may be convenient and suitable, to the ac- whom, fcommodation and use of all the masonic institutions now ex- isting in the city of Augusta aforesaid. § 6. And be it further enacted, That whenever any va- vacancies cancy or vacancies in the board of trustees created by this bo^ of act shall occur, by death, resignation, removal from the State, or otherwise," the said board of trustees, or their'pre- siding officer for the time being, shall call a meeting of the several masonic institutions now existing in said city of Au- gusta, giving at least ten days' notice of such meeting in one or more of the public gazettes of said city, at which meet- Whojima ing every member in regular standing of either of said insti- tovote.e tutions shall have one vote ; which said meeting shall pro- ceed by ballot to elect a suitable person or persons to fill such vacancy or vacancies, and the person or persons having a majority of votes shall be declared elected, and shall become, from his or their acceptance under such election, a member or members of said board of trustees; Provided, that no person Proviso, shall be eligible to such election, or to a vote thereat, but such as are or above the rank of master mason, and irf regu- j lar standing as 'such ; and provided also, that should any member of shid board of trustees at any time be expelled, degraded, or suspended by any of said masonic institutions having competent masonic authority so to do, such person shall immediately and ipso facto cease to be a member of said board, and the vacancy shall be filled as hereinbefore is provided. § 7. And be it further enacUd, That this act and all by- laws and rules of said corporation shall at all times be sub- subject to ject to amendment, alteration, and repeal by the General Assembly of this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate.- Assented to, December 22d, 1827. JOHN FORSYTH, Governor. AN ACT to incorporate the Savannah Steam Rice Mill [no.540.] Company. Whereas, great inconvenience has arisen upon the sea- Preamble, bord of this State, for the want of proper mills for the pound- ing of rice; and whereas, certain individuals hereinafter named, are desirous of erecting a steam rice mill, and of being incorporated under the name of the Savannah Steam Rice'Mill Company; Be it enacted by the Senate and House of Representa- The sa- tives of the State of Georgia, in General Assembly met, and p?eamitice it is hereby enacted by the authority of the same, That George 1 Jones, Alexander Telfair, Robert Habersham, George F. porated. 198 INCORPORATIONS.—1828, Anderson, Amos Scudder, Natharjiel •Campfield, Anthony'and perform, in conformity to the constitution of said society <♦ Barclay, with all such persons as. now-or may hereafter be- and the laws and constitution of this State. come stockholders in the said company, be,, and tljey are1 , ' IRBY HUDSON^ . hereby incorporated and made a body politic, by the .nairie * Speaker of the House of Representatives, its style, and style *>f the u Savannah Steam Rice Mill Company • THOMAS STOCKS, < invested and by that name shall be, and, are hereby made able a'nd . ' President of the Senate, iwrty real capable in law, to have, purchase, and receive,,and retain to Assented to, December 22d, 1827. • , . sonaTand ^em and their successors,' lands, rents, tenements, and here-, ' ' JOHJ>f< FORSYTH, Governor, the priyi- ditaments, goods, chattels, and effects, of what kind soever, L' jtffenatioh. &nd the same to sell, grant, demise, alien, or dispose of; to / -"' < ( J ' 1828 ST sue and ^ sued, plead and be impleaded^ answer and be AK ACT# t0 esiaUisJi and; incorporate the Medical [*0.542!] «* answered, defend and be defended in courts of record or ■ Academy Georgia. any other place whatsoever, and to make, have, and use a ' ' ~ ■ .J 0 'common seal, and the pame to break, altpr, and renew at their Be it enacted by the Senate andJHowse of Representatives The Medi.( .. ' pleasure; and also by such person or persons as a majority^ State of Georgia, in General Assembly met," and d^my^r of the stockholders shall appoint.for the management ofthe j,y the authority of the same it is' hereby enacted,, That concerns and business of thdrsaid company; to ordain, esta- ,fr0rn and after the passing of thjs^act,.William R. tWaring,turpora May make blish, and put in execution such by-laws and regulations as John Carter, Lewis D. Ford,, Ignatius P. Garvin, Benjamin &c.aw3' shall seem convenient' for fthe government j>f, [he said cor- ,a. White, Samuel Boykiri, William P. McConnell, Walter May ap- poratioh'; and to select arid appoint all such' office'rs and H. Weemd, William P. Graham, Thomas P. Gorman, Alex- E&clr servants as may be nebessajry for the discharge of th^ business ander'Jories, .Milton Antony, John ^ Bos well, Thomas of the.said company. ' ' Z '' Hoxey, James P. Scrivem Williaih C. Daniell, Richard saw Miiis § Awd be it further,enacted, That if thbsaid corpora- Banks,Henry Hull, John Dent, Thomas liamiltori, Tom)in- with iike3 tion eball at any time hereafter .deem it advisable and -forth^ son Fort, Nathan Crawford, O. C. Fort, and John Walker, privileges, benefit of the stockholders to erect, and construct, and work and their successors, shall be, and they are hereby consti- one or more mills for the sawing of lumber, that then, aind'in tute'd and created a body corporate, by the name and. style suchqase, the said corporation shall hold arid Work the same ofthe w Trustees ofthe Medical Academy >of Georgia." ' tustyie. with like, privileges as are hereinbefore granted, for th' -• IRBY! HUDSON, ' and'use d common seal, and to alter the same at pleasure; . ■ Speaker of the House of Representatives, and by their corporate name, to sue and be £ued,- plead and &c?«Xy . ; ' . THOMAS 'STOCKS, v be impleaded,'answer and be answered ubto in any court of « • President of the Senate.s law or equity ; and raJso to ordain, establish, and alter at . Assented to, December 19th, 1827, • f . . •< - , pleasure such by-laws, rules, and regulations as may be JOHN FORSYTH, Governor, necessary and convenient for the government of said corpo- ^ '■ . \'' ' ' \ - ration,'' the direction of the affairs, and the management of v ] • ' ' , - ' . ' ^ ' the'property thereof; Promded, such .by-lawS, rule3, and Prorao. [no. 541.] AN "ACT to incorporate the Augusta Library Society? regulations shall not contravene the constitution and laws of _ . '' '■ • . this Staie or of the United States. • ' . v S?aALUil ■?%lt inactedfyfhe and Home of Representatives * 3 And tbe it< father enacted,. That the .said trustees TheCo^ brary'soci. of the State of Georgia,- in General Assembly Jnet, and be, and they are hereby authorized to establish, within porated.1" hereby enacted by theauthority vf the same, Thbt Henry ^ c0rp0rate limits of the city of Augrista, a medical acade- H. Cumming, George W. Craw.ford, Thomas A._ Casey, for the State of Georgia, on such principle, and under ^of ab- Augustine Slaughter, John .P.- King, James_P.Waddel, gucji ru]eg an(j regulations, and with>such professors, in- James Moore, Peter Benno?h, and Robert R: Reid, the structers> and officers, as may be best calculated to perpe- Academy directors, and others the stockholders of and on a certain the same _a^d promote the'improveinenti of its pupils £55 soctety in.the ci,ty of Augusta, and the successors in office ^ ^ branches of the hedling art: . , ofthe said directors, and the foture holders of the said stock, § 4# And be U'.fartJusr enacted,' That it shall be the duty ^ s a 1 be, and they are hereby appointed and constituted a ^ sajj trustees to assemble annually at the medical red to as- Z . . ' . • ' ... M nnmhlo Ola L and »orP°fatV hav!ag «cademy.to Augusta, on siioh dky as may be fixed ,on by the style, under the name and style of the « Augusta Library Society ^ for the°purpose of examining into the affairs of the and by thabname. and .style they are hereby,.made capable, in?slituti'oil and generally managing its' concerns; anfilhe ISJSi. Sir' ' ^d ^^Ji law.tohaye, purchase, receive, possess, qnjoy, said ^usteeS, togethbt" with the regular professors and^^ fnd. re a,n ,to their successors, and transferrees, ^acherg. in the inSstithtion, shall constitute a board of ex- & ' ' *!anj3' ?fement3l rants, Stock and effects, of tvhat. aminati" whose:dutj.it shaU,be, St the said annual meet-SS- kind, nature; or qualit^goeverandjbe same to sell and ;. -after thorou^examination, to ddcide on the merits of . dispose of for the benefit of the said body corporate ; to sue candidates °s may haTe studied in the said institution EST I— ^ SUei ' P T r l^\e^ a"swey and- be/?: at least one year, and complied with all the coqditions im- / , Un.° 1[\ COur s 0 reco .a other places, and #to poaed by the board of trustees as preliminary to each ex- May ' -aV?' aV US^ a commou seal; and the said body cor- amination, apd,confer the degre.e of bachelor of medicine ofBaSor ""r" P?**-". and frame knob by.. ^ 8Uch as lheirjudg(nent may be worthy of Ihe same.' • J** varinnyp with thp m ^.®cessa^y an a? " i And be it further enacted, That the board of trustees TtieTras- tit itinn nf thp an .a^(3 ^^13 State and the l&t tjjejr annuarmeetjng shall appoint a committee of three ^"Vthp saniB mav hlrpafV^'IS0Cle ^eretoC0?? adopted, Gf their members to serve.as an executivecommittee, whose * * Z o A J hp 't Jirtt,p er ^ a,riw *l .t ■ i. r duty it shall be to attend in Ihe recess of .the board semi-The duty § ' f t '■ m' 'he d,reC'r ^r6' monthly, or af tho call of the regular teasers and professors ** -onioned, and the. successors in office m„y and shpllap- of the i^mioh, for the purpofe of enforcing the execnlion nt such officers as the constitution °f the said society shall of the rule3 a„] reguIa[,„„PS Fescribed by the board of ay warrant or require ; and also shall and may do and . 11 every act and thing fit and proper for them to do . • See the next, amendatory of" thi» Act, and ^hangins the name the»eo£. _ INDIANS. 19T trustees ; their decisions being, liable to the revision of the board of trustees at their next annual meeting. The Board § 6. And be it further enacted, That the board of trustees ®haiikee?a shall cause to be kept a book, in which shall be registered whichshaiithe namei age> an(l Place nativity of each and every per- be register- son who shall receive from this institution the degree of ntme, age bachelor of medicine, and the time when the said degree and place was conferred, together with the name of the members of ofeacllhVlty' the hoard of examination present; sjmd the book -so kept person who pe considered a book of record, and a transcript from the degree the same, certified by the proper officer, shall be taken and of ftfedi-101 received as evidence of the conferring of the said degree, in cine. any court of law within this State. bers shall1" § 7. And be it further enacted, That not less than five quorumof3 members shall constitute a quorum of the board of trustees ; the Board; but any less number may adjourn from day to day, until a ber may"3" sufficient number shall attend to form a quorum, adjourn § g. And be it further enacted, That the board of trus- day? tees of the Medical Academy bp, and the same are hereby with aif empowered to have, hold, use, and enjoy! purchase, receive, manner of and dispose of at pleasure, land, houses, and other properly, reafand' real and personal, to an amount not exceeding one hundred Thegradu- thousand dollars. atesofsaid §9. And be it further enacted, That the graduates of allowed to the Medical Academy shall be allowed to practise rhedidine medidine an(^ Sl,rgery this State, in the same manner as they would andsurgery have been had they been examined and licensed by the Staters if of physicians of the State of Georgia ; any law, cus- they had torn, or us age to the contrary notwithstanding, sedbythe; § 10. And be it further enacted, That the said trustees Physicians s^a^ ^ave authority to fill ,all vacancies in their body, which They shall' may occur by death, resignation,'or otherwise, thorityto1 §11- And be it further enacted, That any two or more of ciesVacan" lruslees ab°ve named be, and they are hereby authorized Any two of to call a meeting of the board, at any. time they may think teesamho- Pr0Per?to be holden in the city of Augusta, for the purpose rizedtocall a meeting, j of making and establishing such by-laws as are authorized by this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH,'Governor. 1829. AN ACT to alter the name of the Medical Academy of [no.543.] Georgia,and to extend the corporate powers of the same. Be it enacted by the Senate and House of Representa• The name tives of the State of Georgia, in General Assembly met, dfca^Aca- • and it is hereby enacted by the authority of the same, That aemy?f from and after the passage of this act, the Medical'Academy changed to of Georgia shall be entitled and known as " The Medical $edicaiin- Institute of the State of Georgia." theUstateof § 2. And be %t further enacted by the authority of the same, Georgia60 That the trustees, together with the regular professors and ^togetii- teachers of the Medical Institute of Georgia, shall constitute er with the a board, Which is hereby authorized and empowered to con- fefsorsamT fer the degree of doctor of medicine upqn such applicants, in such manner, at such times, and under such ,circum- ca) insti- stances, as may to the said board seem fit and proper ; Pro- Georgia, vided, that the degree of doctor of medicine shall in no shall coil- case be conferred on any person who shall not have attended board6 31 two full courses of lectures in the Institute, or one course in ^autho311 some other respectable medical college or university, and rized to one in the Institute, in addition to the usual term of private degree of* instruction required by.'bther institutions of a like kind. Medicare § 2. And be it further enacted, That all laws militating proviso. * against this act be, and the same are hereby repealed. daMe'mS WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, " President of the Senate. Assented to, December 19th, 1829, G. R. GILMER, Governor. INDIANS.—1828. [no.544.] an ACT to protect the Frontier Settlements of this tory of said State, in any of the frontier counties,^ to issue State from the intrusion of the Indians of the Creek their warrant to the sheriff, his deputy, or any constable of Nation. , said county and St^te, requiring the said officer to notify said Indian or Indians to leave the territory of said State Preamble. Whereas, many inconveniences and injuries result to the forthwith, unless they can show a permit from said agent; citizens of this State in the frontier counties, from the un- and on their refusing to obey said order or exhibit said per- 1 limited intercourse of the Indians of said" nation, by dis- mit, to apprehend said Indian or Indians, and'bring them turbingthepeaceand tranquillity, and destroying and purloin- before the magistrate having cognizance of the same ; and 1 ing the property of its citizens ; for remedy whereof, if on examination it shall appear that said Indian or Indians ordescend- ^ enacte^ ty the Senate and House of Representatives have no permit as aforesaid, then it shall and may be lawful ant of an of the State of Georgia, in General Assembly met, and it is for said magistrate to imprison the "said Indian or Indians ' longing^to" hereby enacted by the authority of the same, That from and in the common jail in said county, and in the event of there the creeks, after the passage of this act, it shall not be lawful for any being no jail in the county, thep in somO suitable or conve- to cross6the Indian, or descendant of an Indian, belonging to the Creek nient place, not exceeding the term of ten days. See'withr nat*on Indians,to cross the river Chattahoochee, and'enter §-3. And be it further enacted by the authority aforesaid, in case out a per. upon the territory of said State, under any pretext what- That when any Indian or Indians shall be strolling over any pS'^and Inu,&c- ever, except they have and can shovy a written permit from county on the frontier of said State) with such permit as the, United States' agent of said nation, specifying their par- aforesaid, and shall interfere with the private property, or in- vate pro- ticular business; which permit shall not exceed ten days' terrupt the peace and tranquillity of any of the citizens fe/rupuhe , duration. aforesaid, it shall and may be lawful for them to be appre- peacemid :■ vkiation'of § 2. And be it further enacted by the authority aforesaid, hendedas aforesaid, on its being made appear to the satis- o'fany'cim ; jn'yp«me ^at W^enever any Indian of said nation shall be found faction of the magistrate to whom the warrant is made re- ^Siibe31' ; officer6be- within the limits aforesaid, it shall and may be lawful for turnable, that said Indian or Indians were without lawful done. 1 rial officer! any judge °f the Superior Courts of this State, any justice business, and disturbing the peace or molesting the pro- | may issue a 0f the Inferior Courts, or justice of the peace, on the in- perty of said citizens, for said magistrate to imprison said apprehend formation on oath of any citizen of said State, that any Indian or Indians, not exceeding the term of time aforesaid. dianIn " Inc^an or Indians as aforesaid are strolling over the terri- §4. And be it further enacted, That all laws or parts 198 INDIANS.—1828.- pf laws that are repugnant to this act be, and the same or laws of this State, to which a white man may be a are hereby repealed- IRbY HUDSOn/ . '' ' . . „ IRBYi HUDSON, ' • Speaker of the House of Representative's, . Speaker of the Hopse of Representatives. THOMAS STOCKS, , < ; ^ THOMAS STOCKS, , President 6f. the Senate, - President bf the Senate. Assented to, December 20th, 1828. ' , * Assented, to, December 20th, 1828,', » JOHN FORSYTH, Governor. ■ " , JOHN'FORSYTH, Governor. . , . an act to a$d' the Territory lying within the char- [no,546.j tno.545.] an act* to add the Territory lying within the limitt ' tered limits of Georgia, and now in the, occupancy of . of this State, and occupied by the Cherokee Indians, the Cherokee Indians, btlie Counties of Carroll, De to the Counties of Carroll,. De. Kalb, Gwinnett, Hall, Kalb, Gwinnett, Hall, and Habersham; and. to extend and Habersham ; and to extend the Laws of this State the Laws of this State ever the same ; and to annul all . over the samej and for otherpurposes. - laws and ordinances made by the Cherokee Nation of' Tharpin . 'Be 'itemcte^bythv SenateandHouse^Represe^atw^ of (Mi S5VS; of the State of Georgia, in General Assembly Let, and it is,./ cers.serving legal process, in? said Territory ; and to ^Aiaha- hereby enacted by the authority of the same, That from'and ' rGgu}ate ^ie testimony of Indians; ana to repeal the ■ ma line and after tlje passing of this act, all that, part of the territory ninth section of the Ac£ of eighteen hundred and twenty' leading11 within the limits of this State, and which lies between the u, eight upon this subject.■ zard Roost Alabama line and the old path leading from the Buzzard 1 < pe it enacted by the Senate and House of Reprqsenta- a certain • totheChat- Roost, On^the Chattahoochee river, to Sally Hush's, \yli'ere tives of the State of Georgia, in .General Assembly met. &c!°added' said path strikes, the Alabama road, thence, with saidrOad and it is hereby enacted by the authority of the same, That {g°nfor Countv Of t6 the boundfXline of Georgia, be, arid the,same is hereby !fr0m and after the passing of this act, all that part pf the un- nwt\e Carroll, added to, ariq snail become a part of the ,county of Carroll, located territory withip the limits of this S tate, and which Kfct,". described § 2' And he U further enacted, That all that part of the lies between the Alabama line and the old path leading from ^ which is said territory- lying and _ being north- of the last-mentioned the Buzzard Roost, Pn the Chattahoochee, to Sally flughhs's, the county the (bounty line' and sbuth of ™ad running-,from Charles Gates's on the Hightower river, thence to Thomas Petef's, on the 0{M of De Kaib. ferry^ on Chattahoochee river, to DiSk Roe's, to where it in- 0ld Federal rbad, thence- with' said road to'the Alabama tersects With,the path aforesaid,"bri, andthe same is hereby ijae, be, and th',e same ishereby added to, and shall become . added and shall become a part of the county of De Kalb. a partof the county of Carroll, to 2?part * § 3-^nd he K further enacted, That hll that part of said. §2., And be it further enacted, That' all that part bf said a certain County Of territory lying porth of the-last-mentioned line, and south of territory lying and being north of the last-mentioned line, K Gwinnett, the old Federal road, be; and, the same is hereby added and 'and south of 'the road running from Charles Gates's ferry, on «of shall become a part of the county of Gwinnett. c. the Chattahoochee river, to Dick Roe'sj to where, it inter- What part § 4[ And be it further enacted,. That, all that part of the sgctg, with ' the path aforesaid, be, and the same Is hereby County of'.said territory lying north of said last-mentioned line, and ^dded to, and shall become a part of thexounty of De Kalb. \ south of a line to begin on Cbestatee river, at the moiitK of § 3. he it further enacted, That all that part of said A «gd Yoholo creek, thence Up said creek to the top of the Rlue^ territory lying north of the last-mentioned line, and South of to the Ridge, thence to the head waters of Notley. river, thence a iine commencing at the mouth of Baldridge's creek, down said river to the .boundary linb of Georgia, be, and thence up said creek to its source,, from thence' to where the same is hereby added tor,and shall become a part of the Federal road crosses the Hightower,'thence with said the county of Hall. . > « 4\: , road to the.Tenne'ssee line, be, and the same ishereby added tothe part §' 5- Md be it further enacted, That all that,part of the . to, and shall become a-part of the county of Gwinnett. • ' County of said territory lying north of the last-mentioned line, within ( 4. And be it further enacted, That, all that part of said A JJJw sham! '. tb9 limits of Georgia; be, and the same'is hereby added to, territory lying north of said last-mentioned line, and south tothe . . ' and shall become a part of the.county of Habersham. Gf a pme to'commerlce on the Chestatee river, at the mouth SSt™ • §6* And be it further enacted, That all -laws of .this 0f Yoholo creek; thence up said-creek-to the top of the state ex. State be, and. the same are hereby extended over said tern- Blue ridge,1 thence to the head waters of Notley.river, saidterrito! **"7 5 and all-white persons residing within, the same .shall, thence down said river to the'bbuhdary line of Georgia, be, whites^1 a^ter the passage of'this act, be subject Pnd afifi the same is .hereby added to, and shall become a part of siding on" liable to the operation of, the said laws, in the same manner, the county-of Hall. rysubjS" as other cozens of the State, or the. citizens of said counties' ' § 5; And be it further enacted^,. That all that part of said ^respectively ^ k /" ' territory lying north of said last-mentioned line, within the to die ' A it further enacted, That after the first day limits of .this Stated be, and the same is here,by added to, and Habe/ firstda?of •jQe,.183°' - ,ndians .then and at that'time residing in shall, become a part of the county of Habersham. sha,u June, 1830, said territory, and withiri ariy one of the counties as afore- f • § 6< And be it further enacted, That all the laws both siding on fa ' S a be liable and subject to such laws and regulations civil and criminal of this State be, and the same are hereby criminal,of ry1 subject" Legislature ri^ay hereafter prescribe;. ' extended over saidportions of territory respectively, and all to our laws. ^nd zt further enacted, .That all. laws, usages, and persons whatever residing within the same shdll, after the Ume!aiJat ^ust°ms^njade» established, and in force in the said territory, first day of June next, be subject and liable to the operation siding nh.tir„'T8' ^e said Lherokee Indians, be, and the sariie are hereby, Gf said laws,'in the same manner as other citizens of this decfatod C' on and afJerJthIe of June, 1830, declared null and void. state, or the citizens of said counties respectively ; and all first ^ N°od'indian j C i j- lt Ju.fr enacted, That no Indian, or de- writs and processes whatever issued by the courts or. officers fuuy'and or descend- scendant of Indian, residing within the Creek or Cherokee cf said courts, shall extend over hnd operate on the portions tomP,ctey' Indian, fe" natlons of Indians, shall be deemed a competent witness, or 0f territory hereby added to the same respectively. said1a party t0 any sult'in any court created by the constitution § 7. And be it further enacted, That after the first day of JK tions, shall e.u- a ^ * -June next, all laws, ordinances, orders, and regulations of be deemed fee $6, extending the laws of this State over the Clwrokee NaUon,&c.&c. . ... , ' , . , nanC^'t°^ a compe- t See Acts Nos. 546 and 604. ' any kind whatever, made, passed, or enacted, by .the Che-of any15'™ tent- wit- ' govermK to our laws. Indians after the JUDICIARY LAWS. 199 thei dians rokee Indians, either in general council, or in any other Way vmdUtd whatever, or by any authority whatever of said tribe, be, and the same are hereby declared to be null and void, and of no in civil effect, as if the same had never existed ; and in all cases of liufcasts indictment or civil suits it shall not be lawful for the defend- suki laws, ant t0 justify under any of said laws, ordinances, orders, or &c.no)usr regulations ; nor shall the courts of this State permit the titication. same to g.iven jn evidence on the trial of any suit whatever. Declare residing as aforesaid, from meeting in council or treaty tory, &c. any commissioner or commissioners on the part of the United States, for any purpose whatever, oftlmfbre § 1 And be it further enacted, That any person or body 'J mg smT of persons offending against the provisions of the foregoing '!»'pu-M-ns secti°n» I>e guilty a fiigu misdemeanor, subject to guilty indictment, and, on conviction, shall be confined at hard h'iihip'io labour in the penitentiary for not less than four, nor longer pf uiti'u- than six years, at the discretion of the court. ti.iiycon- J ' f nomuit. § 12. And be it further enacted* That it shall not be law- Not lawful ful for any person or body of persons, by arbitrary force, or under colour of any pretended rules, ordinances, law, or °f persons* custom of said nation, to take the life of any Indian residing 5kewi«, as aforesaid for enlisting as an emigrant, attempting to emi- gep^™. grate, ceding, or attempting to cede, as aforesaid, the whole tionof any or any part of said territory, or meeting, or attempting to Son™* meet in treaty or in council as aforesaid any commissioner or commissioners as aforesaid; and any person, or body of violations persons, offending against the provisions of this section, ^pun-00* shall be guilty of murder, subject to indictment, and, on ished>and conviction, shall suffer death by hanging. how' § 13. And be it further enacted, That should any of the of thelfore- foregoing offences be committed under colour of any pre- ^snagroffer'' tended rules, ordinance, custom, or law of said nation, all committed persons acting therein, either as individuals or as pretended coio^o'* executive, ministerial, or judicial ofiicers,'shall be deemed law. au and considered as principals, and subject to the pains and viofatmg penalties hereinbefore prescribed. principals § 14. And be it further enacted, That for all demands/and subject which may come within the jurisdiction of a magistrate's LndpenaD court, suit may be brought for the same in the nearest dis- trict of the county to which the territory is hereby annexed ; mandsiaii- and all officers serving any legal process on any person living on any portion of the territory herein named, shall be enti- dictiun of tied to receive the sum of five cents for every mile he may o^ihe't,oes ride tc serve the same, after crossing the present limits of said counties, in addition to the fees already allowed by law; the nearest and in case any of said officers should be resisted in the ex- Howpio^ ecution of any legal process issued by any court or magistrate, justice of the Inferior Court, or judge of the Superior Court andby* ' of any of said counties, he is hereby authorized to call out a Xe cost,3n<1 sufficient number of the militia gf said counties to aid and how much, protect him in the execution of his duty. paid.h°w §15. And be it further enacted, That no Indian, or de- ^°d^e^d' scendant of any Indian, residing within the Creek or' Chero- ant of an bee nations of Indians, shall be deemed a competent witness ^emed'' in any court of this State to which a white person may be competent a party, except such white person resides within the said &'c.esses' nation. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS ST6CKS, President of the Senate. Assented to, December 19th, 1329. GEORGE R. GILMER, Governor. JUDICIARY LAWS. ♦ • * [no.547. J an \CT to authorize the Justices of the Inferior § 2. And be it further enacted, That when any Inferior When they Courts in this State to draw Juries out of term time. Court in^this^State, at the regular term of said court, have Sraw"* Th" info § l. Be it enacted by the Senate and Jrlouse of Representa- omitted drawing a jury to serve at the next court, that they xX'n'TiHy fives of the State of Georgia, in General Assembly met, shall, after the passing of this act, be authorized to draw a to do so at drawj'urii's (uul lt is hereby enacted, by the authority of the same, That jury at any time, under the same Regulation as in the pre- TkeCteik at tiipir r<>- from and after the passing of this act, that it shall be lawful ceding section ; and that the said clerk of the Inferior Court to make ^ Siinrizld in all cases where it happens that the justices of any Infe- shall immediately after the drawing of said jury as herein the jury so rior Coul t' at the regular term of'said court, shall omit provided, make out a list of the jury so drawn, and place the jmJ!"1 drawing a jury to serve at the Succeeding court, that the game in the hands of the sheriff, or deputy, who shall pro- g^jothe justices of said court or any three of them, with the sheriff ceed immediately after receiving the same to summon the 11 and clerk, meet at the place of holding such court at least jury so drawn, in the same manner as if they had been forty days previous to the sitting of said court, and draw a drawn at the regular term of said court; and the said jury under the same regulation that they ought to have done jurors so drawn and summoned, shall be bound and liable senie, &c. in term time. to serve in the same manner and under the same penalties "aeregi lar term. 200 , JUDICIARY LAWS. ' • as if drawn at the regular term of said court; any law to be held bound and liable in the same manner he, she, or they the contrary'notwithstanding. , DAVID ADAMS, / would have been bound and liable, had he, she, or they be- Speaker of the Housq pf Representatives. come bail at the time of the commencement of said action; MATTHEW TALBOT, * and, the plaintiff orplaintiffs in said action shall be, and are v President of the Senate, hereby authorized to proceed in the same manner'against Assented to, December 13th, 1820;, ,- , , , the defendant or defendants and bail, or either of them, as JOHN CLARK, Grovernor; is pointed but id and by the said judiciary apt, passed in the, . . •' year 1799. ■ ' [no. 548.] an ACT* to amend the Judiciary Law of this; State, § 5. And be it further enacted,. That the defendant or The trial* passed the \6tJi day of February, in the year 1799, defendants so'held to.bail, in manner heretofore pointed out nouHe so far as to auihnrize the issuing of*Bail Process in m this apt, shall not by reason thereof be entitled to any {jjjde- certain, cases. , ' ' ' delay or continuance, but the case shall proceed to trial as Preamble. Whereas, great inconvenience has resulted for the want though'bail had beep required and taken at the commence- ' of a law, authorizing plaintiffs pendihg actions to hold the ment of the case ; and when there are mpre defendants than Proceed- defendant to bail; for remedy whereof, . • „ 1 , ' one in such suit, some of whom reside out of the county in Wheh an Be it enacted by theSfinate and.House of Representatives which §uch suit is pending, a second original process and mored?. pending8 of the State of Georgia, in GcneralAssemblymet^ andit is copy, or copies may,'issue, returnable tp the court inthethan0ne ormaV^'hereby enacted bp the authority of the same, That in cases, county in which such suit or action is tor rnay be pending,-j^ing I? be com- where an action is commenced and pendin'g, or where) an " which when served by the sheriff of the county where such Coumia andnobaii action may hereafter be commenced, and no bail shall have defendant or defendants reside, or by other proper officer, - required, _ been' required at the commencement of sajd action, or the said defendant or defendants shall be subject and liable sbau make having been Required and has or may. be discharged, and the to, the same provisions and, restrictions ,as he, she, or they amountthe plaintiff in, any such, action pending the same shall require would, have, been had the bail process issued at the com- ■ claimed by bail, such plaintiff,shall make affidavit before any judge, mencdmentof said case. f '.-J that'hentx-justice of the Inferior Court, or justiceof the peace withih ' ; ' DAVID. ADAMS, pectsjo this State ; or any judge or justice of a Superior Court pf • " V ' Speaker of the House of Representatives. / sameun4[ any one of the United States ;■ shall.have/annexed thereto ' "'•*'>■! . • VALENTINE: WALKER, , teke?" the seal of the State from whence it shall come and a certi- / ' • . ' ■' • " President of the Senate, pro tern., ficate of the Governor, certifying that J the person . taking Assented to, November 8 th, 1,820. ' , ■ ^ such affidavit is one of the judges oy justices pf a Superibr ' ' • ' JOHN CLARK, Governor. Court of that State, of the amount claimed by him, and i" V V ^ ■*". . . - ^ that he has reason to apprehend the loss of the-saidsuiri, or AN ACT*: to authorize suits to be instituted against se- [no.549.] some part thereof, if the defendant or defendants is or are curities to Executors', Administrator J, and Guardians? hot held to bail; which affidavits shall b&filed in the clerk's, ,' Bonds, in the sqme action with the principal thereto. 'office of the court in which such action is pending, arid a Whereas, it has been.decided1 by the Superior Courts of Preamble. ■ copy or copies thereof affixed- to the process to be issued this State, that suit cannot be instituted against, any security • _ , by the ,clerk, of said court in which such suit may fe pend- or securities to any executor's,'administrator's, or guardian's ; ( . ing, and td the, copy'or- copies of such process, ,and'the bond, untiLthe principal or'principals to such bond shall grr1 amoun* s-Worn to shall bemndorsed tori such process and the have been sued to insolvency, whereby great injury to tlfe dorsedTo copy or copies thereof. r '' interest of heirs, distributees; and others may'accrue; for re- '-SSetotak § 'Awff beat further enacted, That when any jpuch 'af-~ inedy whereof, " . .. • ' • j • T % \ . , ' to issue a fidavit is made and filed in the clerk's office of, the court in ' § 1. Beit enactedby the Senate and House of Representa- Securities and copy which such suit is or may be pending, the clerk thereof shall fives of the State pf Georgia, in General Assembly Sim'- ancTannex ^mediately issue a process in the case, 'with, as many co- and it is hereby enacted by the authority of the'same, That ■ a copy of pies as there are defendants,> annexing a ctopy of said affi- from and after the passing of this act,'any and all security of dians' -vltuftho t0 each process arid'copy.process, and which process securities to any executor's, administrator's,' or-guardian's sb^T, •ame. shall be made returnable to the next term of said courtafter bond, shall , be Considered as joint, or joint ami several eutedand3 *ssu'nS of, the,same, and shall be executed and returned obligors (as the -case in ay be) with the plincipal or princi- fo autho- . returned by into court by the sheriff, his deputy, or other prtoper officer, pals in said bond, so as tp authorize any heir or heirs, dis- s»6a part"? when s° exeriuted and returned shall'be taken and con- tributee pr distributees, administrator de bonis non, and them in the ,the record, sidered a part of the record in said case. 1 r - others ccJnc,erned, to sue sueff principal tor principals1and ^K ?oundhtoriff ^ ^ furt^er enacted, That when the.said pro- security or securities io such bond, or either of them1 in the -execute the "tJess* and copy affidavit, and copy process, shall issue as same action; Provided always, that the principal in said ft0™0, foretfiesit- af°resaffi> they shall' be delivered to the sheriff or otherv bond, if within the limits of this State, shall be first sued, or courtj0the*^)roPe.r °®ceri who shall be bound to execute the same at. shall be sued in1 the sgid actiori .with the security or securi- • . which it is any time! before the sitting of the court to which the said ,fies., and shall be^dis'tinguished in said action as principal, . returnable, process may be made returnable, under the same directions if sued .as aforesaid"; any law, usage, or custom to the con- . -f and provisions as are pointed outf in and* by the s?iid judi- trary notwithstanding. - ^ r ciary act, passed in the year'1799.. " § 2. Andbe it further enacted, That in all cases where a ^fg^eIlU aTOs^ed"13 ^ it further enacted. That all and every deferi^- judgment shall' be obtained, iri conformity to the foregoing are mm- under such ant or defendants, when arrested by .virtue of said prdcess, section, executibn shall issue against the principal and his^1^11 hedrait10 ?^a^ hy.the officer arresting Mm, her, or them,' or their security or securities, or such of them as"judgment ^?ngttbe Sey h^di^n ^ie sam? manner as would have' beep done had such de- may have been obtained against, which* execution shall be principal beenanesr- fondant or defendants been arrested at the commencement. levied on the property of the principal first; and in case proems at'1 °f,sa^ act'°P on ^af process ; and shall be discharged from such property should be insufficient tto satisfy said execution, b? mencem" arres^ in °^er manner than he, she, or they could, or in case nto property can be found within the county where property ^ o?iheniac^ 'n cas® such, arrest had been made .on . bail process at the srich execution shall issue, the balance or whole of such p""0" then{»a1"d coramei) execution,v aa the case may be, shall be levied on and col-* held liaMe to the directos and und.er the provisions of this act, shall lected out of the property of . the security or securities, or in tnegame , manner." ( * 4 O t Pee AetJfo. 567, extending bail to certain cases, &c. * See Act No. 562,-suits not to abate, &c. JUDICIARY. 201 When the either of them; arid in all cases when the amount or any upon conviction, be fined in a sum of not less than one hun* the Part thereof shall be paid by the security or securities, such .dred dollars, nop more than five hundred dollars. *wtmty, security or securities shall have the use and control of the DAVID ADAMS, «itiued tof execution to remunerate him or themselves, as is customary Speaker of the House of Representatives. uo«Tr"e-in such cases- . ' . MATTHEW TALBOT, inunerate § 3. And be it further' enacted by the authority aforesaid, President of the Senate. Thiaact to That this act shall not extend to bonds heretofore executed. Assented to, December 18th, 1820. Tiv«frospec~ DAVID ADAMS* JOHN CLARK, Governor. Speaker of the House of Representatives. matthew talbot, • an act to regulate the mode of prosecuting Actions Ino.551.j President of the Senate, against Contractors and Copartners, in certain cases. Assented tor December 13th, 1820. Whereas, doubts have arisen as to the mode of prose- Preamble. JOHN CLARK, Governor. cufing actions against joint contractors and copartners, when f t /. • one or more cannot be found, or reside without the limits of fxo.550.jAN ACT to compel Clerks of the Inferior Courts, that this-State; for remedy whereof, now are or hereafter may be in Office, to give Receipts Be it enacted by the Senate and House of Representatives When suits for all Sums of Money by them received for County of the State of Georgia, in General Assembly met, and it is purposes ; to compel County Officers to take Receipts hereby enacted by the authority of the same, That from and for any Sum or Sums by them received and paid for after the passing, of this act, that whenever two or more joint copartners! County purposes, and return or deliver over dud] Re- contractors, or copartners, are sued in the same action, and ceipt or Receipts to the Clerk of the Superior Courts a service shall be effected on one or more of the said joint ™r°nt6jleor of the several Counties within a certain time; and to contractors, or copartners, and the sheriff or other officer piaintitren- require the several Clerks of the Superior Courts of serving the writ shall return that the other defendant or this State to keep a fair and regular file and entry of defendants are not to be found, it shall and may be lawful the name, to be laid before their several Grand Juries fol Procefd, Hs®"" and execution se[v(!d. 'whenever called for. ' a°alnst '.he pendant or defendants who are served with _ . , , , « _ * process, in the. same manner as it he, she, or they Were the ■Sfcffig J1-Be a enacted by the Senate and House of Eepresenta, sole defer^ant or defendants. . not Gomts tivcs of the State of Georgia, in General-Assembly met, : q. Re it further enacted, That judgments so obtained The joint give re- and it is hereby enacted by the authority of th& same That shall bind> and execution may be levied on the joint orSSf aniafSe!; tha ?,5tl? day0/ December, 1820, that it copartnership pr0perty, and also the individual property, P"^ wived for shall be the duty of all clerks of - the Inferior Courts of any - reai and personal, of the defendant or defendants who have the judg- pSSs. county Wlthln thls S„tate> t0 6™, a recelPl °,r receipts for been served with a 0f the'process, but shall not bind or SS any sum.or sums of money by them received of and from be levied on the individual property of the defendant or <•»<«. any officer, or other person whatsoever, for county purposes, defendants who are not served with process. or for moneys on any account belonging to the county.- ^ 3. Be further enacted, That all laws and parts off™* J SK rj 2' «Mher encaffd by ^authority aforesaid, laws TepVLgn^t t0 this act be and the same are hereby caL.' * ,j and others I hat it shall be the duty of all county officers, or any other repealed ^ -who re- person or persons who may receive any sum or sums of " DAVID ADAMS ("ney'beloiig- money arising from the sale or sales of estrays (or other Speaker of the House of Representatives, county, re- me&ns, when such money belongs to any county), shall pay MATTHEW TALBOT qairthe° tke same over to tke derk of the Inferior Court of such ' * President of the Senate. Em the'county, and shall-take a receipt or receipts from the clerk Assented to, December 18th, 1820. t i£orfthe of Inferior Court of the several and respective counties, ' ' JOHN CLARK, Governor, court, and which receipt, the officer or other person paying the money • £uhe£ is hereby directed to demand, and the said clerk required AN ACT requiring Sherifs and Constables in any of [\0.552.] to ?™; and the officer or person paying the money and tU Counties in this State not having Jails, to convey • Sj/io 'f''lS ^ «Ce,P- °"ecel(Pts'ahaI1 refn lbe sa™e t0 the to the Jail of an adjoining County persons by them cierkofthe clerk of the Superior Court of the county where the money arrestp(J fm Jn Wrif Jof Camas ad Satisfaciendum or <• superior was paid, within twenty days from the payment of the same. ' • • u i J * • ■ SS C«s § 3. And be it further enacted by tbi authority aforesaid, ^gal process requiring Bail; and to require the < ofthesupe-; That it shal] be ^ duty qf the clerks of the Superior Courts Jai1°f such. Counties on good and sufficient Se- • " to0rfi!e°said within this State, to receive and keep a regular and fair, file curity being given for the Jail lees, to receive and s Lece.7to' he in office, and entry .in a book, to be kept by them for that safdy keep such Prisoners. ' th^Graudi6 PurP03e' sucb receipts by them received, to be laid before Re it enacted by the Senate and House of Representatives The she- .- j^ies. " their several grand juries whenever called for by said grand- of the State of Georgia, in General Assembly met, and it is constable, juries ; any law or custom to the contrary notwithstanding, hereby enctcted by the authority of the same, That the sheriffs & The com- § 4. And be it further enacted by the authority aforesaid, and lawful constables in any of the counties of this State Jaiis are pensatiou rpbat fQr eacb recejpt reCeived, filed, and entered upon such that are not provided with a jail, be, and they are hereby fe^uimd'to rj cierks for book, the clerk of the Superior Court of any county who authorized and required to convey persons arrested by them eonveyper- receivine, 1 . . , * . . J„ .J , , . , ,, \ . . . / r , sons arrest- fi tiling, and may receive the same, shall receive the sum of twelve and by virtue ot a capias ad satisfaciendum, or other civil pro- ed by them theTo-8 one-half cents out of the county funds of such county where cess which may require bail, to the jail of any adjoining e"SslvtoPthe ceipts. such receipt inay be filed and entered in said book, and county, and to deliver such person or persons to the keeper shall be allowed the s.ame on presenting a statement of his of such jail; Provided, the person or persons so arrested cnumieP. : account to the Inferior Court; and when passed by such shall refuse or neglect to give such bail as the officer arrest- Proviso. court the same shall be entered in the books of account ing may be authorized to require, j • kept by the clerk of the Inferior Court, § 2. And be it further enacted, That the keepers of such ; Penalty on § 5. And be it further enacted by the authority aforesaid, jail shall, and they are hereby authorized and required to jaiis°re-d' [■ neguTtlng'1 That for each and every neglect or violation of the fore- receive into their care and custody any person or persons ^cefve^er- f going act?tke Pariy neglecting or violating the same shall delivered to them in conformity to the preceding section, C c 202 JUDICIARY: and him or them safely keep until they are delivered from pr'plaintiffs V sucb attachment shall be,-and hereby is and . thence according to law, or by direction or request of the are authorized to prbceed to judgment, in the same manner "Provided plaintiff, hi,s agent, or attorney ; provided, that the plaintiff, as though the de^t had been due at the time of issuing such sive"fo"* his agent, or attorney shall give bond with sufficient security attachment, with ai. stay of execution until the time the said • Jail fees, to the keeper of such jail, for the jail fees and weekly maim- debt should become due ; Provided, the same should not- tenance of the person or pfersons so delivered to. him for lhave become due before theentering up judgment, safe keeping. , ,§ 3. And be itfurther enacted, That in all cases of attach- Defendant ' ' DAVID ADAMS, ment, the 'property or effects of the defendant or defendants may'ref" .Speaker of the House of Representatives, in attachment may be replevied-by'himj her, or themselves, Plevr-. ^ , * MATTHE W1 TALROTf, '! his, her, .6r their agents or attorneys in fact or at law, in the President of, the Senate, manner pointed out in an act, entitled.An Act to regulate Assented to, December 13th, 1820. ' "Attachments in this State," passed on.-the eighteenth day of . . JOHN CLARK* Governor. February, in. the year seventeen hundred and ninety-nine. » - ^ i § 4' And. he it further endcted,, That, in all cases of the The at- [no.553.] AN ACT in addition to and amendatory of the several issiiing of attachments, the formalities and regulations pro- KS Acts to regulate Attachments in this, State and' to vided in the said attachment law of the year seventeen hun- ^G®o( authorize remedies in certain cases. dred and, ninety-nine, except as herein excepted and pro-opposed io a surety . Be it enacted by the Senate andMouse of Representative* vj'ded for, shall be in full force ; which the plaintiff in attach- ' of the State of Georgia, in General Assembly, met, and it is ; *»> thfir agent or attorney in fact or .at law, ' contract1'16 hereby endcted bythe authorityof the same, That in ^ny ls and arf'juth^rize^ ^ pui"su^ ,■ . ' Sy'S. c,se where a person or persons has been a security fop an-. Jffi Afle further enacted by the authorUy aforesaid, ztch' Other in a note, obligation, or Other instrument of-writing, that »'•&, cases wherein a suit or suifS may have been m- |ssuepjd. .a. arid has been compelled to pay off the same by legal process, stl.'°ted, on,aW debt or demand, and-pondmg such suit.or pr ncipa. ^ ^as ^^ being 'Called on by the person or "persons sults' defendant 'or defendants inay place themselves in 1 holding such note, obligation* or other instrument in writing : ertherof the situations in which tto suing out an at- and incases where suit is pending upon, aiy such note, obli- bythe laws of. this State wouM be authorized, it gation, or instrument in writing, agaihst the principal and hmlawful for the plaintiff or plaintiffs, his, her, or their- security or securities, or against dither or any of ItatJi; land ,aSen!-?r attorney.iff fact.or at .law, to sue out an attachment, . in cases where such note, obligation, or.oiherinstrument, to "d^Manding the pendency of spch suit or spits aforesaid; 18 not which there is.or are security or securities, is or are not due, and.siich suit or spits shall not . he pleaded in l?ar to such and the, principal debtor or debtors in any such ciise is or ^^hbaei^hut the smisfaotiori received upon apy such if. renaoviDg, or is yr are about to remove, or have removed, taphmentmaybegiveh inevidence.agamst any such pending without the limits'of this or any county, and oath being made stllt or-suits. ^ t . • * , . . by . the security'or securities, his, her, or their agent' or attorn ; « «• And P* Afwther enacted. That any defendant against jugg . ■ ney in-fact or at law, of the facts, and of his, her, or their an attachment pliall be sued out under the provisions u&n. . liability oh said note, obligation, ■ or other' instrument in thls, "W. ava,> Ijiihself in. his defenpe' of any setoff"' ■ writing,, and that his, her, or their principal is. or are re: P'°PerIy liable by the laws of this.State, notwithstanding . moving, or about to remove/or have removed without the such set-off may not be .due at the time of suingout such limits pf this State, or any county therein, an attachment att^chment, or at the trial thereof. . -. may issue agaipst the property and effects of such1 principal , § 7 ■ be it further enacted, 1 hat all.laws or parte of ' . debtor or debtors in favou'r of suph seourity'or securities ; laws.militattng against, the provisions of this act be, and the How to and in cases where the'debt has been paid by^such security same hereby repealed. 1T,.,ri, proceed to , . . , a . . • . / , r , V ,■■ ' i-L ^ *. > , •* DAVITl A HAMS judgment or sequntiesbefore the issuing such attachment, the' said . . * ; tt- ' debtVa1/ security or securities shall, be authbrized td^'proceed to Speaker bfthe Hou^of Represematives. be,en paid, .judgment on such attachmeht, and to recover judgment for < , w . YALENIINE WALKER^ the anaount to, which the person suing out such attachment' « , Rtesident of the Senate pro tem. When the is entitled ; and in case of suing out such attachment by a Assented to, Deceriiber 8th,.-1820. ^ ' due'orisin security or securities,'in a case where a suit or suits m,ay be , . ■ ! ' ! > JyHN CLARK, Governor. snit* pending as aforesaid, or on-demand, where the notb, obligar trT;' / ,s • ' ■ ■ ' . tion, or other instrument of writing is not due, such sechrity tQ amend an Act to proyirle for^ tfie payment LN0- I or'securities shall have, a lien upon the property and effects of (dosts in , certain cdses therein mentioned, passed of the principal attached until Such property is replevied, or lSth December, 1816. >. , the principal debtor or debtors shall give good and sufficient Be it enacted f>y the Senate and House of Rcpresenta- The pro- security to the person \ suing out such attachment, his, her, tives of the State of Georgia, in General Assembly met; and persons «• , or their agent or attorney in fact or at law, for the payment - it is> hereby'enacted by the authority of the same, That when of such note, obligation,, or other instrument qf writing when , any person shall fie' prosecuted, for any criminal offence, as offing it may.or shall become due, or at the termination of said ,suit enumerated in the before-recited act, that all the property the mentor" -°r su^ts ' an<^ ^ case property shall pot be replevied, the person, or persons so arrested may have in his, her, or {^1°* plaintiff's the person attaching shall be admitted to proceed to establish ,the.ir own right at the time of his, her, or their arrest, shall the time of demand, his demand, as though the debt was due, or. the 6uit or suits be deemed and held-subject to the payment, of all the coststliearrest- Disposal of determined, and the property , or effects of the principal which -rnay have accrued by reason of such prosecution. pert^at- debtor so attached by such security or securities, shall be * § 2. And be! it further enacted, That it shall be the duty lTP°"nMI1' »whed. disposed #fexe"in the year eighteen hundred and sixteen, that the plaintiff § 4. And be it further enacted, That it shall be the duty JUDICIARY. 203 The cierk of said plerk, within ten days after the receipt of the accounts exSion in any case as aforesaid, to issue execution- for the amount for the appearing to be due by reason thereof, directed to and col- J^arhiguT lected by the sheriff, as other cases; Provided, that nothing Kso. herein contained shall be construed as to prevent courts im- prisoning persons found guilty as aforesaid, until all costs are paid. DAVJD . ADAIJUS, Speaker of the Ho.use of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN GLARE, Governor. Ino.555.] an act* more effectually to compel Justices of the Peace and Constables to pay over moneys received or collected by them in their official capacities... justices of Be it enacted by the Senate and House of Representatives. •Haliie^o be of the State of Georgia, in General Assembly met, and, it is ibretiresu- hereby enacted by the authority of the same, That justices of perior the peace shall be so far considered officers of the Superior monejfcoi- Court as to be subject to be ruled under similar regulations theiroffi as are customarity* pursued in relation to any other officer of ciai capa- said court, when they shall refuse or neglect to piy oVer any Clly> " moneys which they may have received or collected in their official capacity; Constables § 2. And be it further enacted, That constables shall be be^rufed by subject to be ruled by their respective justices' courts, ahd their re- compelled to give an account of their actings and doings, or Juices' pay over moneys which the^ may have received or collected Courts. jn thei,. official capacity, under the same regulations as'are pursued in the Superior Cqurt, in-relation to officers of said court. ! DAVID WITT, Speaker of the House pf Representatives. ' MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. • " JOHN CLARK, Governor. fno.556.] an act declaratory of the fifty-third Section of An Act, entitled An Act to amend an Act, entitled An Act to revise and amend the Judiciary of this State, passed 6th February, 1799. Preamble. Whereas, the said recited section is in the words follow- ibg, to wit: that the Superior Courtsln the several counties shall exercise the powers of a Court of Equity, in all cases where a' common law remedy is not adequate to compel parties in any cause to discover on oath all requisite points necessary to the .investigation of truth and justice, to dis- cover transactions'between copartners and co-executors, to compel distribution of intestate estates, and payment of legacies, tp discover fraudulent transactions for the benefit of creditors, and the propeedings in all such cases shall be by bill, and such other proceedings as are usual in such^ cases, until the sitting down of the cause for trial; and the courts shall order the proceedings in such manner as that the same shall be ready for trial at furthest at the third term from the filing such bill inclusive, unless Very special cause be shown to induce the court to continue the same, whidh shall not extend to more than four terms ; and all such bills shall be read and sanctioned by one of the judges, and a copy thereof served on the opposite party at least thirty days before the filing of such bill in court; and the party against whom such bill shall be filed, shall appear and answer to the same at the next court; and if he, she, or they shall fail to do so, the facts in the said bill shall be taken pro con- fesso) and the court may proceed to decree as to justice shall * See a subsequent Act upon the same subject. Cc2 appertain; and whereas, under the construction of the said recited section, the equity side of the court has drawn to it- self exclusively all cognizance of the cases in said section enumerated, even \yhen such cases depend upon alicende proof, to the manifest embarrassment of justice in many cases, to the injury of the good citizens of this State ; for remedy whereof, Be it enacted by the Senate and House of Representa- Parties iiti- tfies of the State of Georgia, in General Assembly met, and fiedhTr^f- it is hereby enacted by the authority of the same, That from ler 9n u* and after the passing of this act, whenever any of the. cases LT"Ide of enumerated in the before-recited section, a plaintiff or com- abases plainant shall conceive that he, she, or they can establish to sue, and his, her, of their claim, without resorting to the conscience to°fore fn™" of the defendant, it shall and may be lawful for every such plaintiff or complainant to institute his^ her, or their action to go into upon the common-law side of the court, and'rshall not be equity< held to proceed with the forms of equity; any law or usage to the contrary notwithstanding. § 2. And be it further enacted by the authority aforesaid, ®aid par That all parties in any of the cases mentioned in the before- may have recited section, after the commencement of the action at ™™"ced common-la w% may, during the progress of said suit, file his, suit on the her, or their bill -for the discovery of testimony in aid or de- {^w^de, fence of his, her, or their common-law action, in all cases entitled to I .i . the aid et where the same may be necessary. equity by DAVID WITT, bil,'&c- Speaker of the Hbuse of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, Pecember 21st, 1820. JOHN CLARK, Governor. an act to extend to all persons imprisoned for Debt [no.557.] the privilege of Prison bounds. Be it enacted by the Senate and House of Representatives Within eu of the State of Georgia, in General [ Assembly) met, and it is sherifll, hereby enacted by the authority of the same, That within six dinrg®tObeof months from the passing of this act, the sheriffs of the se- the inferior veral counties of. this State, shall, under the direction of the &eirrtcoun- Inferior Courts of the counties where jails are built* lay off or cause to be laid off around the j'ails, in such manner as they around the may deem most convenient and proper, ten acres; and in the counties where no jails are yet built, it shall "be the duty of the sheriff, under the direction of the Inferior Court in those respective counties, within three months after a jajl is erected in the same and received, to lay off the same num- ber of acres as is provided for in this act, which limits, when so laid off in each case, shaff be held and considered as prison bounds. ' • ■§ 2. And be it further enacted by the authority aforesaid, When a That so soqn as prison bounds are ascertained in the manner arrested'on hereinbefore pointed out, and any person shall be arrested p™" and committed to* jail by an'officer Upon civil process, and tenders the the person so arrested and committed to jail shall tender to bmiTwUh the officer committing the said person to jail, a bond with thesameie good - and sufficient security in a sum of double the amount betaken by . of the debt, of demand for which he* she, or they are com- h,m' mitted to jail; which bond the said officer so arresting are •hereby authorized and required to take, with condition that Conditions if the person or persons so arrested and committed to jail oftheboBd- . do at any time, without being legally discharged, pass or leave the boundaries so laid off and defined as prison bounds, such passage or departure of said bounds shall be taken and considered as an escape and forfeiture of said.iaiing0the°* bond; and the sheriff or other officer taking such' bond same- and security shall be bound, on the application of the plain- tiff in such case, his attorney at law or in fact, to assign the same to the plaintiff, who may upon such bond and assignment commence an action for the breach of the same, 204 JUDICIARY. against-the principal or principals, and his, her, or their s^' person so1 Appointed1 shall be deetoed, held, and considered ( . curity or securities , a.V the Same time, and shall recover as duly qualified to discharge all the duties required of the against the principal or principals in said bond, and his,„ Clerk of the Court of Ordinary ,of the county for which he , her, or their security or securities; the amount of .debt or Jnay be appointed, and shall, be entitled 'to the same fees, ' demand, with interest and costs, for which the person or and bd subject to the same pains and penalties for miscon- Proviso, persons was or were arrested -arid committed to jail; Pro• duct in office, as if such person had been duly elected and vided, nevertheless, no person [so] arrested and committed commissioned by his excellency the Governor, and continue Conti. to jail, shall have the benefit lof such bounds for a longer in office for #nd during the.terrii for which his predeces-.ofl^® term'than six calendar months,' at the instance of. the same sor was elected, and until a successor shall be duly elected, • • plaintiff.' ; ■' y commissioned, arid'qualified.' . * . penalty on , § 3/ A,nd he it farther enacted, That jn case any sheriff §\3. And be it further enacted by the authority aforesaid, Erecutors, foTrefusins'or other officer So arresting^ and committing a person or That allexecutors, administrators,-and guardians shall, from traZ'and therbonde° Perso^to upon any civil process, shall refuse to receive' and after thepa'ssitfg of -thisact, exhibit their accounts and orphan ' such bond as is hereinbefore set forth, the officer sO/re- vouchers to the clerk Of the. Court, of. Ordinary, at any Mit their fw!ient fusing hhall be subject to indicjtmerit fo'r'malepractiqe;in-of- time when the said court is not in session ; and it shall be cunty. fiqe p and in Case the officer shall'take insufficient security, the- duty pfsuchclerk to qualify any executor, admipistra- he shall be held liable to the .plaintiff in the "several modeS , tor, or/guardian, te-the correctness^ said account, and toUiepourtb pointed oiit in the laws- heretofore passed,, prescribing tbe^examihe Such accounts and vouchers,, and make a special When the liability of sheriffs and other officers ; and in cpse the' arrest report to the next Court of Prdinary. of the correctness and ^ here- m^ebyaJshould be made by a cororier, he shall be held to alF the reasonableness of stich'accounts/upon which report thefiSo Cordner.. liabilities that a' sheriff would be?wqre the arrest made by said Court shall either pass or reject siich accounts, or any ?outt •him. ' ■ ' ' « ^ , V. 1 part thereofj and the said clerk is authbrized to demand and Herts'fee, ' r ' r ., DAVIjbt WITT, - . ^receive'Tor each, account so examined by hira thesum ofSjteif , . • i 'Speaker .of the House rif Representatives^/ fffty cefitsiwhich sum shall be paid by the executor, admi-count-. .'' ' , , . , •'i . '.MATTHEW TALBQ.T,' • •' nistl&tor,'dr,guardian; exhibiting such'a'cebunte, for exami-. * t • President of the Senate, nation. . ' •, . 7 Assented to, Decembey2.2d, 1820/ y -. ,;.§ 4:.' And be it further enacted, That all1 laws and part's Repealing . "' JOHN CLARK,'Governpri of ]aw£ heretofore passed which militate against: this actclau*' \ , - ' V| ■ ; . * . . . , . be, and.the.same are hereby repealed. ., , - [no.558.] AN ACT supplementary to, and? amendatory, of the / './•'• '■ \ \ DAVID/WITT, several Laws passed in, this S£aie for ^ the rprot.ee- - . f / Spea^eV,of the House of Representatives/ .. • tidn of the estates of orphans,^ idiots, dunatics, arid . .., , , iMATTHEVY/TALBOT,, 1 . persons insane ; to provide for filling vacancies in , ' ' '. President of'the Senate.-•« the office of the Clerk of the Court:of Ordinary, arid Assented to, December 22d, 1820. , // , to regulate their fees in certain cases. . - • • 1' \ '/ x JOHN GLARE, Governor. Guardians -Be it enacted %y th$ Sjenate and House of,Representatives iXT -2-nm • •'T, ". V. , ^ be appoint- °f the State of Georgia,, in General Assembly met, and it is AN AGT to authorize the Justices of the Jnferipr.Court [no.55?.j this act to enacted by the authority of the same, ThaCall 'guar?-': °J CamdefL County to draw Grand and Petit Jurors takean0 clianS, wkich^ may be appointed in this State after-: the 'pas-' in certain oases; . . ' 1 , . oath. sage of this act, shall, before they enter upon tl)e-duties of' WhejCas, at the last te'^m of the Superior Court of Cam- Preamble. ; ' their appornivqent,- take before the,court bf whom they, are den County, .March term, 1821, there was a'fiilure. of said ' , . appointed! thb^ following1* oath dr affirmation, , to/ wify court; for remedy whereof, ' •- • . ": Theokh.' "I, A. B., do solemnly swear, oi; affirm (as, the Case may §1- Beit macte'd\by theSenateand House of Repr'esenla-TheWe^ ) - be)', that I, will SoWd. perform the duties required of me as tives of the. State df Georgia, in'General Assembly met, and "f camden . guardian for" G. D., erphan of E. F.i deceased, or' G.H., hereby enacted, by .'the authority of the same, That tie idiot, lunatic, or person inskne . (as the case may ac- justices of the) Inferior, Coiirt, or any three'df them, togethei: draw corditag to the laws of this State; to the' best/of my abili-. with the clerk'and sheriff df said county,-sbaff tonyenp at the Si To give ties and understanding ; so help me God .:"- and shall in ad- court-housC of said county, at' least 60 days .previous to the seciH-uyln djtioh .thereto give^nd arid sufficient'' security in,a sum- sitting of said-'cdurf, and proceed tor draft- grand and petit term of a* double flie ^ arnountof^^theirwards' estate, in confo'rmitywith jurorsfgr'the next, succeeding term; ahd the said clerk of the amount-of the laws now in force in this.-State V and the bond so taken Superior Court' shall, immediately after-tbe drawing of juries said com- wards' es- shall be so attested by the c-lefk of the Court of Ordinary, as herein provided, make out lists of the juries so drawn,ty" Bonds to be or- his deputy, whose duty it shall be to 'havei, the bond "so a°d j)lace the' saipe in the hands of the sherrff 'or deppty of theCtefks11 taken recorded in the clerk's office .of the Superior Couri^ said county,, who. Shall proceed immediately after,receiving s^edor"16 in th® county iii which- it may)be taken, and filed in Ihe" the same, to suftimon the juries so drpwn, in the same man- Court.10r clerk's , office of the Court of Ordinary ; and it 'shkll be per as if they had been drawn at tjie regular term of said bound to Ser?co?de-S ^awful f°r the clerk- 'off the . Court of Ordinary to ask and court/ arid "the said jurors, so drawn and summoned, shall , ing the receive from such guardian fhe sairie leks that'the- clerk of be bounct and liable, to serve in tlm same manner, and under the regular same' the Superior (yourt is entitled to for recording deeds, &,c, the same penalties, as if drawn at' the'regular term of said urm' for having such bond recorded;, - , ' / , . -, . 'court,; any law- to.^the contrary Notwithstanding. Vacancies §2. Arid be it further enacted, That when-any, vacancy . DAVID WITT, ( inu^ffice shaft happen in the office -of, clerk of fhe Oourt of Ordi-.. , , - ' Speaker;of the House^f Representatives, cierkofthe nary,-by death, resignation, or otherwise, it shall and may / MATTHEW TALBQT, oSry be lawful, and it is hereby piade;tbe, duty of the justices of ,< 1 '• President of the Senate, how fined, the Inferior Courts, or a majority of them, in the county Assented to, Mky 16th, 1821.- ' -' Where sncli vacancy may happen, to proceed without delay ', , ' . . . JOHN CLARK, Governor, to appoint some fit and proper person to filLsubh vacancy, , ' '' ■ .■ '■ ' " administer to the person so appointed the sabie oaths, and AN ACT to point out the mod,e of collecting Rents, and [NO,56 ! take like bond and security as heretofore required by law x the recovery of possession of Property, within the off the clerks of the' Courts of Ordinary of this State/and City of Darien and the Precincts thereof transmit the same to bis excellency the Governor; and the § 1. Be it enacted by the Senate and House of Representor JUDICIARY. 205 Mode of tives of the State of Georgia, in General Assembly metj StTegin and is hereby enacted by the authority of the same, That the city of from ami after the passage of this act, it shall and may he Shm the lawful for &ny person who may hereafter have rent due by doesnot any Person or persons within the,city of Dariep, or the pre- Mcetd cincts thereof, where the sum does not exceed thirty dolldrs, to make application to any justice of the peace within the said city of Darien, or its precincts, apd obtain from the said justice a distress warrant for the sum claimed to be due, on oath in writing, for the said rent, and the same may be levied by any constable duly qualified on any property, belonging to the said tenant or tenants ; jpd the said constable shall sell and advertise the same, under the same rules and regu- When the lations as other sales under execution ;• and if the rent due ceeds^o. shall exceed thirty dollars it shall and may be lawful for the judge of the Superior Court, or any one of the justices of the Inferior Court of Mcintosh county, to issue a warrant authorizing the sheriff, or any lawful constable of the said city or the precincts thereof, to distrain tenants, and advertise and sell the same, as in cases of execution issuing, under Proviso, and by virtue'of the judiciary act; Provided, nevertheless, that the said tenant or tenants shall be entitled to replevy the goods so distrained, by making oath that the same or some part thereof distrained fork not due, and give security for the eventual condemnation money ; and in that case, it. shall be the duty of sueh ofiicer to return the same to the court having cognizance of the same, and the' same shall be determined by'a jury, as practised in other, cases of claims. Whenj>r°- § 2. And be it further enacted, .That where any property uainedis may be distrained and claimed by a third person, the. same atwrdpef- s^la^ claimed on oath, and shall be returned and (Jeter- son, how mined in like manner, and under the same rules and regula- tned". tions as are by law pointed out' for the trial of the riglff of property. - ' Rents not k 3. And be it further, enacted, That in no case a pre- to be pre-' n * i n • v • • /• 1 ferred to lerence shall be given to persons distraining for ,renl, when judgments, aTe any judgments against the.person or property so distrained. Mode of § 4. And be it f urther enacted by the authority aforesaid, whena'"5 That if any person or persons leasing or renting an^r lot 01? Fn^mrent- tenement or tenements, within the city of Darien or tlie in| fails to precincts thereof, Shall fail to pay the. rent ait the time'the- rent,'and" same shall become dud, and shall refuse to deliver pos- deiives'° sess'on to ^ie leasor at the expiration of his lease, it shall session at and may be lawful for the judge of. the Superior Court, or tlon'of'iis any °f the justices of the Inferior Court, of the county of lease. Mcintosh, to issue a writ of possession, directed to the sheriff or any lawful constable of the city of Darien or the precincts theteof, commanding the said sheriff or constable to deliver • t possession of the said lot or lots, tenement ox tenements, to the said leasor, which shall be by the said sheriff orjconstable forthwith executed and returned. foTremto § 5* And be it further enacted by the authority aforesaid^ bear inte- That all contracts for rents, whether verbal or in writing, S8st- shall bear interest from the time the same may become due; any law, usage, or custom to the contrary notwithstanding; and all actions, commenced in any of the courts of the city of Darien or the precincts thereof for the recovery of rent in arrear, shall be returnable and tried at the first term, un- less good cause shall be shown for the continuance thereof; nor shall any such action be continued more than one term at the instance of either party; any law to the contrary not- withstanding. Repealing] § G. And be it further enacted by the authority aforesaid, clause. That all laws militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALROT, President of the Senate, Assented to, December 3d, 1821. JOHN CLARIv, Governor. AN ACT to repeal the nineteenth section of an Act, [no.561.] entitled " An Act for the organization of a Court of Common Pleas and Oyer and Terminer for the City of Savannah; and for repealing the civil jurisdiction given by the laws of this State to the Mayor and Ah dermen, or to the Mayor of said City;" pprescribe the terms at which the sdid Court shall hereafter be held ; and to compel the ,attendance at said terms of the Constables draum by tjie Mayor and Aldenjien of said City. • § 1. Be it enacted by the Senate and House of Representa- The nine- tives of the State of Georgia, in General Assembly met, and {fon'ofThe it is hereby enacted by the authority of the same, That the recited act nineteenth section of the said act for the organization of arepealed- court of Commoil Pleas and of Oyer and Terminer for the city of Savannah, be, and the same is hereby repealed ; and that there shall be hereafter the following terms of the said Terms of Court in each year, to wit: on the third Monday in Octo- court It* 'ber, on the second Monday in December, on the fourth Mon- day in January, on the second Monday in Ma'rch, on the i/the tity fourth Monday in April, on the second Monday in June, on n[hSavan~ the second Mopday in July; and thg.t all suits, writs, and processes .which have been instituted heretofore, and made returnable tjo the terms of'the court as they have been here- tofore'held, and which after the passing of this act shall remain undecided and unexecuted, shall be^ acted upon at the terms of the said court hereafter to be held according to the provisions of this act, § 2. And be it further enacted by the authority aforesaid? Persons' That such persons as have been, or may hereafter be drawn constabfet or chosen by the mayor and aldermen of the city of Savan- ^ nahasf constables for said city1, shall be compelled to attend terms of the' terms of said court, to execute the orders and processes said curt That it shall- be the, duty of, and, the several' clerks of the,. 1; . ' President of the Senate. to kLp1^ Court of Ordinary pf this Stafe,^rom and after the firsCof. Assdhtedfo, Becejmber 21st, ,1821,;, ' , , • the names Januarynext, are hereby required to' keep q. regulh*'docket . - t< , JQHN CLARK, Governor, ofr™ in bound books of the names of suph persons as are liable ' •' ' ; 7 -... > "'. ' ,/ make re^ to make 'returns, to said respective courts, and. the, justices •AJSlyA^T- 'to'r-ep(gd.^rAucA of-the fifth Sectjoh of an l$oM.] turns. thereof arejhereby required to call the same/regularly,* a|id Act passed on the 1 fay of LlecCmbefiX8li, en- , tomake their entries tfierein, as is practised by; the judged /titled * An Act , td regulate the granting Cprtioraris s of the Superior Courts. • • . , '-and injunctions in tM&State,relates to Certiorari*'. S?£iT * § \ Arbeit furtkirfndctedby tUmtthyrUy aforeiyf, . practice,' to* sa» Tt?f f°r,e^ »d .f®?7 terra,"^fter't|e. time aforesaid, the and ffequently.great .injustice has been done to paitles.liti-' ■ .SffSS-said clerks shall fail to comply with this act, they and each ^ sey?fal Justices''dbufts of this State, from the * - - of theprshalh forfeit and pay.the sura of thirty doHate, the" proyisioi,s.6f :said 5tB section j in remedy whefhof; .. ' - .1 - cine half for the useof the;county academy where such for- • ^ iy He cate arid House of Rdpresem- -j** feiture raiy obctir, and the other to the informers. ifrie$-of ikk Slate. n ^e-16th'T^. ^ ; ■ 7 lr ., a, -i1 'day of December; in the year 1811, asrelatesto certiorari, / ' 1 ^ ^te-. W«nd-ti>e same is hnsbyispealedT •• " • - Assenthd to, pecember.21st, 1821. : pAViDfADAMS,^ , . * JOHN CLARE; Governor, s Speaker of the House of Representatives, . c .v inm 7 / •"■jy'T- v" ' ■ -i- ; - ^ MATTHEW TALBOT, [No.5bA] AN ACT expfandtory ■.565.j the \Constitution,' touching - the distribution of Met- "an Act, passed the12th Wecember,: 1804, entitled 1 tates\Estates, directing the manner of granting LeU, g An'Aq to dmehd aty Act, entitled* An Act to carry • . \T/r °f < Adfflinisira^(m'K tetters' ffestamentary,. 'and into effect the sixth Septum of the fourth Article of iU Marriage Mcensps, afid to prevent entails f jdndrto. Constitution, touching the distribution of Intestate? altCrfhe rules for construing capyCyances^ generally.' . Estates,[directing the manner of granting Letters of > Preamble. Whereas, doubts have qrisen as to the' true • and^iprd^er •- Administration, Letters, testamentary,'add Marriage i ^ construction'oT the fifth Section of the above-recited ,act,- nn^veCUie^ an , ,y ° er* tives of the State of Georgia^ in General Assembly met, and tate, their! ■ be immediately removed-; ahdfrhere'as, tlie'tatention of par-: ? fT?" ^'du>?.r?a.1 Pcrsonaf estate shall depart.«™« lips to cdntracts.and conveyances is ofta™ defend S ^'d estate, teal an.4 personal, iha|l be g* great injustice dene by construing the same .aceordlrfg to ?ont!,del:edef 'te same nature, and upon the same «« the rules that now prevail; for remedy whereof l°T8 to f ^ Place agreeably hy^tiement of the intestate, 'or shailIbe^w M gifts, grant*, bequest^ devispS, and conveyances of rivery advanced bJ mt^state m his or her. lifetime, by portion jag; e « kind whatsoever, whether of real or personal property, made ' ^ seeW^eis; giving the wife', estate to the hu«band. ' ' ,hessroe,, JUDICIARY; 207 betaken or. portions, equal to the share which-shajl by such distribu- him, in case it should appear that said claim was made judged by i coinpllta- tion he allotted to the other children to whom such distri- for the purposes of delay ; and every juror on the trial of Sffi'erS lion- bution is to be made, he, she, or they, in that case shall re- the claim of property, either real or personal, shall be d!)tiol,{leed 10 ceive no further distribution of the said intestate's estates, sworn, in addition to the'oath usually administered, to give pontiff aH And-whenever any child shall have an estate by settlement such damages, not less'than ten per cent., as may seem rea- &c"iages> J from the said intestate, or shall be advanced by the intes- sonable and just to the plaintiff'against the claimant, in case Every ju- tate in his or her lifetime by portion, not equal to the khare it shall be sufficiently shown that said claim was made for to give°rn which [may] -be due .ta the other children by distribution' delay only ; and it shall be lawful.for such jury to give as now established ; then, so much .of the surplusage of the verdict in manner aforesaid, by virtue whereof judgment less'than _ estate of such intestate as'shall makd the estate of all the may be entered up against such claimant and his security j.ee"ltPer children of such intestate to hp equal, as near as can be es- or securities for the damages So assessed by the jury, and jad|"gen£ Proviso, timated Provided such advancements, when brought into the qosts'of the trial of the right of property. And pro- condemna-' hotch-potch, shall be estimated according to the Value of the vided, also, that the'burden of proof shall lie upon the ^(l,t^'dbe property at the' time such advancement was made, and no plaintiff in execution in Cases wherC the property levied on against the interest allowed thereon. * , is, .at the time of such levy? not in the possession of the atXi'i^L- When a §2. And he it further enacted bythe authority aforesaid, defendant in execution. • ThMj'urth veTdies0" That in case of a femme covert dying intestate, the husband § 2. And be it further enacted by the authority aforesaid, en of proof theThus-' may demand and have administration of the rights .and ere- That Whenever' such- 'claim' of property may be made in thepiaintig band may- dits, and other real and persona^ estates, and recover and terms of this, act, the person claiming property levied on nfetraUon,1* enj°y the same without being subject to distribution." and returned to the proper court by said ^heriff or coroner, th°"prope" Ke'eaiin® § 3. And be it'further enacted by the authority aforesaid, shall not he permitted to withdraw or discontinue his said J^^not clause.'"3 That All laws militating against this act be, and the same - claim, more than once, without consent and approbation inthepos are hereby repealed. • bf the plaintiff in execution, or some person duly author- tSfend- DAVID ADAMS, • • ized to represent \siich plaintiff, but said court shall proceed ant.in exe ■ Speaker of the House of Representatives, to the trial of said claim of property in manner aforesaid, the time of . , MATTHEW TAJLBOT, ' and it shall fye the duty of the jury to award damages ac- The'claim- \ "President of the Senate, cordingly : And provided further, - that either party who ant shall Assented to, December 25th, 1821. may be dissatisfied with the verdict of said jury, may enter muted to*" JOHN CLARK, #Governor: hib, her, or their appeal to a special-jury in the Superior Court of the county where said trial shall have been had, more than tNo.566.]' AN ACT* to alter and amend so much of the thirty- which appeal'shall be subject to the same rules and regu- outum"11 second Section of. the Judiciary, pdssecl the sixteenth lations as govern in appeals in ordinary cases. ^ JHKff of February, seventeen hundred and ninety-nine,„ as - § 3. And be it further enacted by the authority aforesaid, in execu- Preamble. respects Glqims of Property in the Superior and Infer That so much of the said thirty-second section .of the ju- g'er par_ ESJl Aw Courts of this Slate. ' • ' • dtciafy act of seventeen hundred and ninety-nine; as re- g enuued Whereas, varies constructions have been given in the agal"St •tiffe'-enh Courts of tbis Stat^, as h' regards claims of propertyj . ' DAVID ADAMS, ST* ?h,ch T1''» to take or convey away the same by violence, seduc- Superior ' said execution is or should be levied on personal -property ; tion, or other means, or to harbour, or otherwise take, or where the but should said execution be levied on real property, and cause the same to be taken, out of the possession of the TherSt 1he same sho.uld claimed in manner aforesaid, then arid advers.e claimant without due course of law, and oftentimes of.property- in that case it shall be the duty of the officer making the to remove the same out of the State to the great injury of • auhVS leyy 1JPon real property to report the same, together with the true owner ; and whereas, manifest injustice, and many SadeS^ Term, un- the execution and claim, to the next term of the. Superior ^rious mischiefs may arise from such a practice, 'which is oatiy°- ciaUaase Court of the county in which the land so levied on shall productive of frauds, violence, t and quarrels, and blood-ofuresu- shown fpr ' and tbe court to which such claim shall he reported, shed, ' ' Court"Ju®: a continu* shall cause the right of property to be decided on by a Beit therefore enactedbytjie Senate and House of Re-uce of the oneetefrm, jury at the first term, unless special cause be shown t6 jn- preSentatives of the State of Georgia, in General Assembly cou™or ' ™dn° duce said court to continue the case for one term, and no met, and it is hereby enacted by the authority of the same, ^ceeac°ef< Proviso, longer: Provided, the person claiming su6h property, op That upon complaint made on oath by the person injured, his that any ' f Theperaon his agent Or attorney, shall give bond to the sheriff or cqro- agent, or attorney, to any judge of the Superior, or justice ^°n«r 1 bond to the ner, as the case may be, with good and sufficient security, 0f the Inferior Court, or any justice of the peace, that any jjattel> Coroner,'in in a sum equal to doubles the amount of the property levied negrp or negroes, or other personal chattel, have been taken, e™ , equafto ?n' at a reasonable valuation, to be judged of by the levyr taken, enticed, or carried away by fraud, violence, seduc- double the ing officer, conditioned to pay the plaintiff all damages which- tion, or other means, from the possession of such deponent, away, by property0*" the jUI7 on the tcial of the ri§ht of property may assess against or tbat such negroes or other personal chattels, having been £™d' ££ 1 levied on. _ recently in the quiet, and legally and peaceably acquired £om the 1 re™"" *SNo-5'3'88 wi.ehi.vMon ssessi6nof 8UC1 deponent, have absconded or disappeared Sir® ( ation. to be ® * 208 JUDICIARY. . The said wjthout his or her.eopsent, and, as hp Or she believes have be annexed to the petition, bill, or ether process, and the take a n tlcef&c.us" been harboured, received, or taken, possession of, by any original affidavit filed in thq. court whence such proeess shah issue person or persons under 'some pretended 'claim, or claims, issues ; arid it shall be the duty of the sheriff, his deputy, or forthea^ and without lawful warrant or authority, and that the said other lawful officer serving Such petition, bill, or other pro-.fbni,e • ofethens«-a deponent, or the person for whom he is agent or attorney cess, to take a recognisance, with good security, in double son having, bona fide, claims a^title td or interest in the said negroes or the amount swornto, forthe forthcoming of such negroes or propeuy. 9?thTpro- other chattels,, or the posseSsibn thereof, it shall be the duty other personal property, to answer Such judgment, execution, perty, and Df such judge or justice to, issue a warrant, as well for the of decree as may be issued or rendered in the case; and such waiso?pe^ apprehension of the party so seizing,' taking* enticing, re- security shall be bmrnd for-the payment of the eventual con- condemn. Reiving, harbouring, obtaining, or, having possession ,of de'mnation-moriey, and li'able'to execution in the same man- X'lls'V warrant, 'such negroes or .other 'chattels;, as for the seizure of suck rier as securities upon -appeals : . and -when'such affidavit curities on ' or Justice negkoes or other chattels themselvesand, upon the return shall,be m,ade during the. pen.aenpy of any process, ^ copy vySenuie questionof sucb warrant the judge or justjce^shall hear evidence as thereof, a*nd of the process or subpoena, shall be served in affidavit possession to the question of possession jm a summary .way, arid cause like manrier by the sheriff or his, deputy, or oilier lawful made dur. maaryCy, the said. riegfoes' or. 'Other, chattels to be delivered oyer to dfficiek, and, the like security taken;,-and upon % de-£h/r and cause' the'party from whose possession the same .were violently o'r fendant .refusing to give''such, security, the property- shall any pro. sion^there- fraudulently, taken or enticed away, or from whorp the .he seized and-taken by the sheriff oy other; lawful- officer, thereof livered5 de" sartie abscrinded, or in whose peaceable possession they last and 'delivered over'to the plaintiff or .qqmplairiant, bis agent, ces^orpn> Proviso, were: Provided,:sriph party shall, before such judge or, jus- or attorney e'ntering'into a like recognisance; with security; subpoena to givert^ tice, 'enter into .a recognisance, with- g'ood and''.§ijffipient and il suoh' property is n'ot.produced or- forfhpbming to be SUf* good and security, in double the amount of, the yahie of -such negroes seized'and taken by .such 'sheriff or. other lawful officer; the {'yk^un- security'in or Other, personal property, and the: bU'e, claimed, if any1,• defendant .of defendants shall be-eommitted to. jail, to be tiX"' vaiueof16 t0 cause, the said negroes to be produced arid forthcoming, .kept in safe arid eldsp'custody until, the- Sariie is produced,[IXX said negro to answer any judgment, execution^ or decree ,that. may'be or until he, she,-or they shall enter security for tpeeventual cui% the andhir^to had* issued, or made upon such - suit or .action at law or id Oondeinnation money inVthe nature of security upon appeal. CSS** ^set^eBe equity as the opposite party nray Commence for proSequte' . V . 'v' DAYID. ADAMS,* 'ffC'tlie r0. fort^com- within the ffext four years, t'ouchirig/the same,;' and such fe? : V' . )t. ^peake'riof the House pf Representatives. pertyteC swer'any1" cognisance shall be returned by such judge; or justice,fo;tjite • • . MAf THEW TALBOT, fheSd. ^§™ve^h next Superior Court of the county, jvhere. the same is taken; ' v _.t- President, of the Senate/ maybe'0 to be transmitted to the court'where such suit-or action, Assented to, December 25 th.,; 1,821.; , ■ ■ , ' ' • ' . to jail. menced may be comihenced;and tke -securities upon, s.uch recogT■ t' * V; - ' ' JOHN/CJjARK, Governor. !>o.o63.j , wUhin five nisance shalkbe bound and liabje for the-eventual crindem- ', , The^ots fSrr nati"«rnt°n^ and execution shall'issue agamstthemia the Jj*jj>ACT Maker andAend the thirty4hir'd Sectionh/K? SSSJS Bame manner aga] , appea Provided , ^ - md Act y ^ ammdtUJi . to the next also, that .when the party taking out the warrant shall reffise ,. v ' c rur,- » „• 1 ten o'clock IS10' or be unahle. to give such security, then the judge or justice • ,ffox S^te, .paved Wh Fe^ary^S- 5.V may in his discretion deliver over such negroes or othef.pery ' :^r%f^,relates hours of Sheriff a*}**, taken!&c. sonal property to the opposite party, upon thehventering ' Constables .palef.^ - . .. ^ ^ j^'69i Seto beri"iljto a ^ke recognisance, with security of the samp nature, Whereas,' the; flours' p'f;sljeriffif and .constables' sales are £'mJ liable for and effect, _and to 'fie,' disposed "of in 'the same manner,'' thought to bp too short, and attended with great,'iricpfivb- ^g™1811' ualco™1' And if,'upbn return of the warrant,, it shall appear^ that Wiebc'e to thd Sheriffs and constables, and ffequently to theSzild'in the negroes or' Other personal property are in the'possps- - injurNy 0,f the parties concerned,; .for remedy wherebfo money ic. "®groes or^Other personal, property atje in ,the(,possps- - injury . . . . Proviso. * sion, power, fouistody, of Control of the defendant, or any '. PAP enacted .hi; the Senate and House>Mepresenta-^is now ^ cases'fhe >agent or .friend of his on acting for or intrusted with them stive? of-the State of Georgia, w'Getieral Assembly met, and ^ gjopeity for him, and the said defendant dotbi riot produce 0,r cause-' 'fcU- 'hevebp ■^hdped by the authority of the samey^h at from »J®rbe livened to to be forthcoming the skid negroes- or other personal pro- and after the passing Of this act; the hours' of .sheriffs' and menced, ^ site party Pert7to be dealt with asthe law directs,'the said defend- -constables',sales will be frofn'tedp'clock-inthe.forenoon until ^J\0 &c. , ' ant shall be committed to jail, there to remain in safe and four'o'clock in the afternoon ;,all laws and pajts bf la'ws ipili- cas^toe close custody, without hall for mainprise, until the said ne- tating against this act be,4 and the' safoe; are hereby repealed; IheVfend- may^e"1 &roes "°r o^ei- '.personal" property shall be produced ok'. ' ' j ' '' ' . Y ■ ' ' ' DAVID ADAMS, ' committed forthcoming to be disposed of;.. as aforesaid •, Prqvtded . ' , - ' Speaker of the House of Represbntatives. or th™ tf h0owlongnd always, that no person or persons' shall be so committed. . MATTHEW TALBOT, ' pLrattin ^Jrr|-Ibr'refosing to produce, or cause to be'fbrthcoming/apy i;-. , / - ' • President, of the Senate. ,^r0raurt in without negro or other, personal chattel which he, she, or they shall Assented to, December 21st, 1821.-" . * , , wberethe mainprise. sat-islactorily prove to have been in1 his or her quiet and , * p f . JOHN CLARK, Governor. i^anT Proviso, peaceable possession for forir years next iirixnediately pre- ' -;N . ' 1 r ^ 1 • ' ^ [Stodt- : -ceding the passing of ,this act, or next immediately .pre- A:N ACT* to authorize parties' plaintiffs, to issue Sum- p^°" 1 ce is|uing of the lyairrant. '. . v mons of. Garnishment in certain cases; as m cases of what he, commeu- J f he * enacted by the authority aforesaid] 'Attachment. tKrn soft or suit at "awf o^Tnequity; for the llcoWof'iiegroe^or charted by the Senate iind Housejf Representatives f» eS,,0'. other penonal property, such person, his agfegt, or attorney,, t %?% ¥efal Atsemlly mctt and by «J- Sve'^r shall make afihla«t,.that he hath reason-to apprehend .thrt ff ffif, I ,P6" 8 ® e"/ S- negroes or the said negroes or other personal property have been'-or ^ "u if I State, or which may be hereafter commenced, ninI13Sljal, Ss will be elpigned, or removed away, or will not be Jorth^ i* sh'alIand f^bedawful for the plaint,® or his attorney to perty may (•nmifior tn 3.nsWPr flip * cvodidiA j ' it 4 15SUG SUD1IT10I1S of ffSfnishmGIltj to uG QirGCtcu to 9-HY .p^r* jndcment - or persons;Whogmay be,indebted to the .defehda^or SSiV tlavit the value of the same, and th~e amount of hire claimedi wh# ""f haVB ™0-^' .-eflfecfs, property,_ either real orjjjja r.rof if »y« and.add, that he, she, or tluiy do Verily and bona or any bonds, notes, or.other evjdences ef debt ^ j. Tbtsi,.,uifide c'ai|b the said nhgroes or other personal property of whats°o*er' >" hls' ber, or their hands, belong,ng to said de- wjjjj jy-55^ »m. nhobk intereM-tbeiemcm of wcMid,* Ml - '' ;; .SMAtlSo.s^;.».nd,^«m,1.A.,. ' S;y cess siiall inons v. ' ^ / garoisfr JUDICIARY LAWS.—1822. 209 ment, re- fendant or defendants, requiring said persons to be and ap- AN ACT* to amend the QGth section of the Judiciary Act, [no.570.] &L"miuir- Pea* at the next term of the court in which said suit or suits passed 16th day of December, 1799; and also to pre- An^ro i<« to de- may be pending, then and there to depose on oath what he, vent a fraudulent enforcement of Dormant Judgments, peri ofthe iSft ?he,.°r "iey \9 °[ a'e indebte^.t0,the SSid defendarlt and1de- A contrariety of decisions having taken placeinthedifferent S'i" 1'by fendants, and what money, effects, property, either real or circuUs jn ,hig gtate ag (0 tbg ^ whenP(he ,t cf the »>»« » personal, or evidences of debt belraiging to said defendant or t jnst whom a jud nt ig cm d e summons was served ; Prided, the pla.nt.ff or his agent mad the instruments of fraud on innocent y p p ;nd ,t5„ed JSJSu, or attorney shall, before issuing he said summons, make an often e gsivel on vigilaBt and'bona fide' Jedue affidavit of the amount ofthe debt or demand which he, she, ditors . And tilat or thev believe to be due, and that he is apprehensive of the the Sheriff 1 - thereon, Cl'e- bound in cases where no Be it enacted by the Senate and House of Representatives Shalt make loss of the same or some part thereof unless such summons ofUe gtate . Ge . in Gmml met and u {s do issue, and shall hie the same in the office of the clerk ol /,*, fit /y ortOrn /> fvnm VGldiCt iS entry on said execU' [ tion that there is no . . . f hereby enacted by the authority ofthe same, That from and ap[d'tied With the justice O afYer +Jie Tvassinp1 of this act., all nrnnertv of the oartv ao-ainst from, the property, &C. The sum- mons, when the the court where the suit is pending, or witn rue justice ot ,fter ,he ; of this act a]1 " t of the arl a inst ;S » h,s jurrsdtcuoil. whom a verdict shall be entered and a judgment signed KfffiU § 2. And be it further enacted by the authority ofthe mme, there in conformity t0 the provisions of ,he twenty-sixth J") «», That in all cases where judgment has heretofore been ob- section of said act of one thousand seven hundred and ninety-iSnf » !«"« , or may be hereafter obtained, it shall and may be nine> gba„ be bound from the sj ■ of the firgt jud n, » lf squired by the defendant or gar- Qr their propert^ between the signing of the first judgment tenn , sonauy.or mshee, or by any plaintiff holding a younger judgment or ex- and the gj ■ of the judgment on the appeal. Tof eqSi , ZTcLT, ecution, or his attorney, swear that he believes the sum ap- * 2> And he it further enacted, That all judgments signed t't'xtc"£ "returnable Parent'y ^ue an(^ c^a'me(^ on sa^ judgment or execution is Qn ver* on the-garnishee personally, twenty the courts of this State, on which no execution shall be sued being sum- days before the court to which he is directed to appear ; and QU^ or on wbich no return shall be made on the execution which no sarnisher, vvhen returnable to the justices' court, shall be signea and wjtjdn seven years from the date of the judgment, shall be hasten9 SeaCp0pnca served by a constable on the garnishee personally, t*n days void and of nQ effect> sued out,or cation shall before the court to which he is directed to appear. § 4> And fc it further enacted, That no judgment shall oo retuSj , igainst § And be it further enacted, That when sny person enforced by the sale of any real or personal estate which nmdewith- Sment shaU fai110 appear and dep0SG 0" b€1"g summojjed as a the defendant may have sold and conveyed to a purchaser for ^ *even Proviso, nishee, the court, on application, shall proceed against him a vaiuabie consideration, and without actual notice of such thelamuf raised^s'hail by attacbment f°r contempt; and when any person shall ap- judgment; Provided, such purchaser, or those claiming un- ae paid into pear and depose, the after proceedings shall be as in cases of der him, by such sale and conveyance have been in peaceable No judg- ' -aised b°yr attachment,- Provided, that any garnishee deposing and ad- possession 0f such real estate for seven years, and of such Se'enfSSi Ue Sheriff, mitting that he is indebted to the defendant, or has in his personai estate four years> before the levy shall have been . ' tame shall liands and possession a sufficient amount to pay the plain- made thereon. CavaluL t lenaid A A -T.-,, A A • ALLEN DANIEL, £x„9i" 'we^to demand, shall be deemed a compliance with this act J udgments § 5. And be it further enacted, That when any money firTonsecu shall be paid into court, or shall be raised by the sheriff or iefendam6 b's dePuty> OK by a constable under this act, the same shall 5, is in other be paid over to judgments or executions against the defend- ^nifeAct ant' as otber cases, according to the priority established f, hall ex- by law. ii^edi'ngsin § 6- And be it further enacted by the authority aforesaid, he May- That this act shall extend to proceedings in the mayor's >r's Court -Ai . i • 11^ * n the city court in the city of Augusta and Darien, and the Court of IndDarieif Common Pleas, and Oyer and Terminer, in the city of Sa-^ md the vannah ; and the summons shall be signed and served by the city sheriff or marshal, or his deputy, on tbe garnishee per Speaker of the House of Representatives, without MATTHEW TALBOT, CTtied, President of the Senate. hfihasb^n in posses- sion of laud Assented to, December 19th, 1822. AN JOHN CLARK, Governor. £ra~ personal and Acts of foEr7 lourt of Common ACT authorizing the Certificates Notaries Public to be received as Evidence in certain [^0.571.] cases. Be it enacted by the Senate and House of Representa- Certifi- tives of the State of Georgia, in General Assembly met, leltl'anT" 'leas and gonaljy, ten days before the court to which said garnishee is an^ ^ hereby enacted by the authority of the same, That terminer, directed to, appear ; And provided also, that the benefits of the certificates, protests, and other acts of public notaries, Notary SavS? this act shall be extended to plaintiffs in any suitor judgment under the hand and sea of such notai7> in relation to the ^nct ah, and" which may be pending or rendered in any court hereafter nonacceptance of any bill of exchange, draft, 01- other order 'ooifs|"hail established by the Legislature in any corporate town in this made for the, Payment of money or other thing, and also in te signed State. relation to the nonpayment of any bill of exchange, draft, iheJ!fforty ' ALLEN DANIEL, order, bond, or note, for the payment of money or other Speaker ofthe House of Representatives, thing where such certificates, protests, or other acts are 1 tishee per- MATTHEW TALBOT, required by law, shall be deemed and received by the several aysbe'fonj . President of the Senate. courts of law and equity in this State, as sufficient prima ? xtend to Assented to, December 2od, 1822^ Cl^rk< Governor. ^ re,*ial"e ,helU"1 seclto° °f Act| ""d •ny Court r\ j lereafter A/ u UablishetL 210 JUDICIARY. facie or presumptive evidence of the facts therein stated, Proviso, without any further or other proof j Provided always, that nothing in this act contained shall prevent either party from having the benefit of the testimony of such notary, should The party they deem it necessary ; and provided also, that the party such" not" - relying on such notarial act shall, at the first term, file in the "haiffiie court e^^er a c°py,or the original of such protest or other the original acts. s.s allen daniel, tefm- Speaker of the House of Representatives. Matthew talbot, President of the Senate. Assented to, December 21st, 1822. JOW CLARK, Governor. [no.572.] Stayofexe- cution au- thorized in the Court of Com- mon Pieas and Oyer and Termi- ner for the city of Sa- vannah. Cost to be paid and security given. [no.573.] The May- or's Court of Augusta to have cognizance of all civil cases when the defend- ant resides in the city', wiien the debt is over $30 and does not ex- ceed $300. An Appeal allowed, and to be entered within three days after the an act to authorize the Stay of Executions to he issued on Judgments obtained in the Court of Common Pleas, and Oyer arid Terminer for the City of Savannah, by Defendants, on entering Security and Payment of Costs, for sixty Days. Be 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 after the passing of this act, it shall and may be lawful for defendant or defendants, against whom judgments may be obtained and entered in the Court of Common Pleas and Oyer and Terminer for the city of Savannah, upon the payment of the costs of said judgments, and entering into good and sufficient security before the clerk of said court, within four days after the rendition and entering of the judgment afore- said, for the payment of the judgment, interest, and all futurk costs to accrue thereon, shall be entitled to a stay of execrt tion or executions for sixty days; and if such party or parties shall not pay the same agreeable thereto, then and in vsuc'h case execution may issue against him or them, and their security or securities, without any other proceeding thereon. § 2. And be it further enacted,'That all laws or parts of laws militating ^gainst this act be, and the same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th,-1822. ' • JOHN CLARK, Governor. an act* to amend an Act establishing a Mayor's Court in the City of Augusta, and also the several Laws in- corporating said City. Be 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 after the passing of this act, the mayor's court of the city of Augusta shall have cognizance and jurisdiction of all cases of a civil nature, not involving title to real estate, where the defendant or defendants shall reside within the limits of said city, and the debt or demand shall be over thirty dollars, and not exceeding three hundred dollars, whether the plaintiff or plaintiffs shall reside within said city or elsewhere^ or whether the demand shall have accrued Within the same or otherwise; Provided always, that nothing in this act, or the acts to which it is amendatory, shall be so construed as to authorize the said court to maintain the jurisdiction in any case where a corporation or body politic is a party. ' § 2. And be it further enacted by the authority aforesaid, That in case either party, in any cause tried by a jury in.said court, shall1 be dissatisfied with the verdict of the jury, such * See subsequent Acts; first section repeale No. 576; name of, changed, 548; amended, No. 624,631. . party may, within three days after the adjournment of said adjourn- court, or during its sitting, enter an appeal to the Superior {5^%. Court of the county of Richmond, before the clerk of said *«w Court mayor's court, upon the same terms, conditions, and regu- lations as are prescribed by law for the entry of appeals from verdicts in the Superior Court; and it shall be the Clerk's du. duty of said clerk to transmit the record and papers of file in relation to such cases to the clerk of the, Superior Court, at least ten days before the sitting of said Superior Court, p^Lof4 next to be held after the entry of such appeal; and it shall ^ . he the duty of the clerk of the Superior -Court aforesaid, to receive and enter all such appeals on the appeal docket of said court, and all such cases shall be tried by a special aiibucIi jury in the same manner and under the same rules,'regula- tions, restrictions, limitations, and penalties as if said appeals ®pec«ai had been entered in the Superior Court, and final process ' shall issue in like manner. ' , § 3. And be it further enacted, That the sale day of the sheriff of sheriff of said city shall be on the first Tuesday in the month; and in all cases of levy on real estate' or negroes, the time of . advertising and all'other proceedings shall be the s|me as is the month" required by law of the cbunty sheriffs in similar cases. ■ § 4. And be it further enacted by the authority aforesaid, 'and are That the said mayor's court shall not" maintain jurisdiction bTaXe"to of more than one case at the same term between the same {j^r^ parties, when such causes can be legally joined in one ae- by the tion, although the same may be on different contracts; but gJ3 the same shall on motion be consolidated, and the defendant Casaat shall not be bound to pay any more cost than would have Term be- accrued on one action ; and when on such consolidation the ^eenp^ amount demanded shall exceed the jurisdiction of said ucBjtjioiigi kourt, as hereinbefore e vait. N5 5. And be it further enacted by the authority aforesaid, Defendant ThU at the next general electiojo/or members of the city coun- "Kfof cil of Augusta, and kt every subsequent election, the persons one case, entitled, to vote for such members in their respective districts the cityof or wardi^ shall at the same time and in the same manner vote for sbme fit and proper person to filhthe office of mayor byp^ , the plaintiff shall be non contracts , ■ to be con- of said city; and it shall be the duty of the persons pre- ™te for the siding at said elections, or some three or more of them, im- cityConn- mediately after they have closed the polls of the day, to as-c semble together at the place of holding the election on the middle ward or district number two, and having added to* gether the votes received for mayor as aforesaid, shall there- upon declare the person having the highest number of votes duly elected mayor of said city; and the person so elected shall be qualified and inducted into office in the manner heretofore pointed out by the acts to which this is amenda- tory ? and in the event of any two or more having the highest in care of and an equal number of votes, then the members of said city vote^tbe council shall decide by a majority of votes which of the 9j* ^ persons having such equal number shall be mayor. § 6. And be it further enacted, That the ward, or district, Ward Ko. number one in said city as heretofore defined, shall be enti- tlhd to one more representative in the council of said city; and that the next general election, and every election there- after, the persons entitled to vote for members of the said city council in said district shall vote for three members, in- stead of two as heretofore. § 7. And be it further enacted by the authority (foresaid, Repeal# That all laws and parts of laws heretofore passed which areclause' contrary to the principles of this act be, and the same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 9th, 1822. JOHN CLARK, Governor. JUDICIARY. 211 [no.574.] AN ACT to prevent Sheriffs, Coroners, Constables, Town and City Marshals, and all other Officers in this State from retaining costs on younger judgments, to the prejudice of the rights of older judgment ere- ditors. Costs in no Be it enacted by the Senate and House of Representa- retained by fives of the State of Georgia, in General Assembly met, and any officer n {s hereby enacted by the authority of the same, That « fi.yfaU"o when any sheriff, coroner, constable, town or city marshal, fficeP«rfjU~ or ot^er °fficer °f this State, has several executions in his i hose of an hands at the same time against the same defendant, it shall older date. not ]awfuj for suc}1 0fficer to detain the costs on any younger judgments to the prejudice of those of older date, except in a case of a younger judgment creditor shall pre- May retain vious to older ones point out property to the officer ; then it advertising may an^ s^aH he lawful for the officer to retain the levy oosts, and! and advertising costs, and no more, on such younger judg- 110 more- ment. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1822. JOHN CLARK, Governor. [no.575.] AN ACT to authorize the adjournment of the Superior and Inferior Courts, and Courts of Ordinary, in cer- tain cases by the officers therein named. Preamble. Whereas, it frequently happens from unavoidably circum- stances that the judge of the Superior Courts, a majority of the justices of the Inferior Courts, cannot attend at the regular term of said courts, and that a term is thereby lost, to the great injury of those concerned, as well as a delay of justice; . Provision Be it therefore enacted by the Senate and House of Repre- 1 the ad-°r sentatives of the State of Georgia, in General Assembly met, m'ThTinfe an^ ^ 25 hereby enacted by the authority aforesaid, That : rior Court from and after the passing of this act, that if, from any cir- i majority of cumstance, a majority of the justices of the Inferior Court defnot a* in any of the counties of this State should fail to attend at tencTatffie the regular term of said Inferior Courts, or at any adjourned termor an term> ^ sbaU and may be lawful for any one of the justices adjourned, of the Inferior Court in the county where such failure may !term' take place, together with the sheriff or his deputy, coroner i or constable, and the clerk of said court, to adjourn said court to such time as they in their judgment may think proper. , Proyisi°n, § 2. And be it further enacted, That if, from any cir- made to ad- 0 . „ J . , . .. ' , - ,7 . . J , joum the cumstance as aforesaid, a failure should take place in mak- Ordinary, bag a Court of Ordinary in any of the counties in this t in certain State, either at a regular term or at any adjourned term, one*5Judge that it shall and may be lawful for any one justice of the c?erk'ie Inferior Court, with the clerk of the Court of Ordinary, to adjourn said court to such time as they may think, in their judgment, proper. Superior*16 § ^ further enacted, That the clerks of the Court au- Superior Court of this State be authorized, whenever they adjourn the are ^nf°rme^ by the presiding judge that it is not possible Court by for him to attend the regular term of said court, from sick- Judge?fthe ness or other causes, to adjourn the same to such time as ! shall ad- he may direct; and shall, moreover, advertise the same at Lertise the court-house of the county in which said court is to be adjourned , . . J. court, &c. held, and one or more times in some public gazette of the State. § 4. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1823. G. M. TROUP, Governor. D d 2 AN ACT to repeal the proviso of the first section of an [no.576.] Act passed the 9th day of December, 1822, entitled An Act to amend the several Acts establishing a Mayor's Court in the City of Augusta, and also the several Laws incorporating said City ; and to restore certain parts of former Laws upon the subject. Be it enacted by the Senate and House of Representatives The pro-^ of the State of Georgia, in General Assembly met, and it is first*section hereby enacted by the authority of the same, That from and c°.ft^t after the passing of this act, the proviso of the first section repealed, of the above-recited act shall be, and the same is hereby repealed ; and that all laws and parts of laws that were re- pealed or altered by the said proviso of the first section, shall be, and the same is hereby restored to its original force and effect; any thing in the seventh section of the above- recited act to the contrary notwithstanding. DAVID ADAM^, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1823. G. M. TROUP, Governor. AN ACT malting all Cases returned at the last Superior [no..57 7.] Court in the County of Elbert, stand for trial at the next Superior Court. Whereas, in consequence of the indisposition of the E[ judge of the northern circuit there was no Superior Court bert Couii- held in and for the county of Elbert at the last regular term ; Be it therefore enacted by the Senate and House of Repre- stand for sentatives of the State of Georgia, in General Assembly met, JJexl feru'T and it is hereby enacted by the authority of the same, That ^fQ^jd all cases returned at the said term shall stand for trial at the next Superior Court to be held in and for said county, under the same rules and restrictions as if there had been no failure of a court, and that said cases had been regularly callefl at the appearance term ; any law to the contrary not- withstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. AN ACT to amend the seventh section of an Act, enti- [no.578.] tied An Act to amend an Act, entitled An Ad to revise and amend the Judiciary Syste?n of this State, passed on the sixteenth day of February, seventeen hundred and ninety-nine ; and to provide for opening and ad- journing the several Courts of Ordinary in this State in certain cases. Be it enacted by the Senate and House of Representatives Majority < f of the State of Georgia, in Genera2 Assembly met, and it is hereby enacted by the authority of the seme, That from and rior court, after the passage of this act, it shall rot be lawful for any lo d1^ary one or more of the justices of the Inferior Courts of this State to discharge or admit to bail any person under a writ Bail any of habeas corpus, unless a majority of the justices of said tier a writ court shall concur in opinion. co"us.eus § 2. And be it further enacted by the authority aforesaid, sheriir?du- That it shall be the duty of the sheriff of each county in this ^Courts*1 State, either by himself or deputy, to attend at the court- ofordi- house of their respective counties, of each and every day of nary' holding Courts of Ordinary, for the purpose of opening and adjourning said courts, unless such sheriff shall procure a consta- some constable of such county to perform such duty ; and sup^Jhis in case the sheriff shall at any time fail to comply with the Place.j requisitions of this act, it shall and may be lawful for the 212 JUDICIARY. That in all cases which When clerk of said court to open and adjourn such court, any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. , G. M. TROUP, Governor. [no.579.] an act;*, concerning Bills of Exchange. • change ne" ' ^ enacted hy the Senate and House of Representatives gotiated of the State of Georgia, in General Assembly met, and it is person'in hereby enacted by the authority ofthe same, Whenever any the united bill of exchange hereafter to be drawn or negotiated within States re- ... ^ ° ■ e a i turned un- this btate upon any person of persons or or in any State, ter- protested ritoryi or district of the United States, shall be returned un- for non * paid, and shall have been duly protested for-non-payment in rotheman- the manner usual in cases of foreign bills of exchange, the reT n"BiMs Person or persons to whom the same shall or may be pay- the8"' ' s' able shall be entitled to recover, and receive of and from the AN ACT more effectually to secure the Property of [no.582.j Sc?Hab']e drawer or drawers, or the endorser or endorsers of such bill 1"r' ' " j7 ~ 7l/r'~ drawee five excbanSe dve Per cent- damages, over and above the prin- percent.ve cipal sum for said bill of exchange shall have been drawn, together with .lawful interest on the aggregate amount of such principal sum, from the time at which notice of such protest shall have been given, and the payment of the said principal sum and damages shall have been demanded. DAVID ADAMS* ^ Speaker of the House of Representatives. THOMAS STOCKS, 4 President of the. Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. § 2. And be it further'enacted, - there i« are or shall be pending in any of the courts of this otaie, omyone when any one person is the only witness to any material fact in any case, it shall and rfiay be lawful to examine such wit- rial fact in> ness de bene esse, on complying with the provisions of the such wit aforesaid act, in so far as the same are applicable to such case ; and that the examination so taken shall be read in evi- mined de dence in such causey on the terms and under the restrictions 0®n^en^ specified in tpe said act. thlwilh § 3. And be it further enacted, That all laws and parts of isoo.80'0 laws militating against this act be, and the same are hereby a®P^hll5 repealed. , DAVID ADAMS? ' Speaker of the House of Representatives. THOMAS STOCKS, ' 1 President of the Senate. , Assented to, December 20th, 1823. . G. M. TROUP, Governor. damages, with legal interest. Minors against the Mismanagement of their natural Guardians, by requiring Bond and Security, as in other cases of Guardianship, of such Guardian. Be it enacted by the Senate and House of Representatives ah natural ofthe State of Georgia, in General Assembly met, and fcSjSTw is hereby enacted by the authority ofthe same. That from and immediately after the passage of'this act, whenever any rity when property shall descend to any child or children, whose father or mother shall be in life, either by virtue of the act of dis- jnanywa/, tribution, or of any will,, deed, or gift, such child or children byae"*4 shall be considered orphans, so far as to authorize the CourtchUd- of Ordinary, executor, or administrator, or trustee, as the case may be, to withhold such property from such natural , guardian until a reasonable security be given, to be judged ' [no.580.] AN ACT more effectually to protect the Interests of Par- of by the Court of Ordinary, for the faithful performance of tiesr Plaintiffs, in Suits commenced against Joint said trust; and provided further, that if such natural guardian should he v Obligors or Promisers. ' shall fail or refuse to give such bond and security, then and Be it enacted ly the Senate and House of Represents- in that casesaid court.may appoint sonje other fit.and suitable taoj, 6 tives ofthe State of Georgia, in General Assembly met, — —* — — joint otyi. misersp,°" an^ Lt ig hereby enacted by the authority of the same, That fancy 'and a^ cases which hereafter may be commenced against joint the plea is obhgors or promisers, and any one or more of the parties de- traction fe^ants may plead infancy, and such plea be sustained, the abate"0'1 act*0n sbad Pot af heretofore abate, but the court shall Thee'piain- award judgment as1 in cases of nonsuit in favour of the party proceed or Part^ so pleading, and permit the plaintiff to proceed against the against the other defendant or\defendants to said suit, with- others.! out furtherdelay or costs. ' \ DAVID ADAMS, \ Speaker of the House of Representatives. N THOMAS STOCKS, \ .President of the Senate. Assented to, December 19th, 1823. V s G. M. TROUP, Governor. bond and, person to act as such, first compelling such person, to, give someone good and, substantial security, as is now- required in other cases of guardianship. . songiving DAVID ADAMS,. ' Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1823. G. M. TROUP, Governor. AN ACT to amend an Act to authorize Parties Plain- l>.583.j . tiffs to issue Summons of (garnishment in certain cctses, as in cases of Attachment, parsed December twenty-third, eighteen hundred and twenty-two. Be it enacted by the Senate and House of Representa- Pereonsap- tives of the State of .Georgia, in General Assembly met, summons . x and it is hereby enacted by the authority of the sam$, That [no. -IAN AC! to regulate-th% mode oftaking Testimony by when parties plaintiffs, their agents, or attorneys, intending makeaffi- Commission and De Bene Esse within this State; and to avail themselves of the benefit of the above-recited act, to alter and amend the several Laws' relating thereto, shall file his, her, and their affidavit of the amount of his, her, Samorof Be it enacted ly the Senate and House of Representatives or their debt .or deraand' ir> the office of the clerk of the effectually of the State of Georgia, in General Assembly met, and it is court' or. Justlce. the peace, in which the suit or suits is or ™juslice thetesti- hereby enacted by the authority of the same, That the act are Pendin£» or in which the judgment or execution was ob- of the ^ mony of entitled "An Act the more effectually to ensure the testimony ta^ned on wbich garnishments are intended to issue, it shall qu?redw Sngb!- ' of witnesses going beyond seas, or removing without the be the dut7 of the cl(?rk of such cobrt' 0r suck justice of the Se?*3' jurisdiction of the State, and aged and infirm persons," passed Peace> as tbe cas€ "^7 bdi to deliver to such plaintiffs, their a certified ciared to be the eighth day of December, eighteen hundred and six be agents> 0r attorneys, a certified copy of such affidavit, which; Saffida- in full force and the same jg hereby re-enacted, and declared to be ope- wben Placed in the hands of the sheriff, or his deputy, or a ; ^rj(r SfiaState. rative and effectual in all cases pending, or which may be portable, in case such certified copy shall be signed by aorecnnsu- brought in the several courts of this State. justice of the peace, shall be sufficient to authorize said ^"eh,{Je i sheriff, deputy sheriff, or constable, and they are hereby re* same by * See Act No. 617, on.the1 e galnisheed reside in the county in which such suit or suits is County' or are pending, or in which such judgment or execution is obtained. When any § 2. And be it further enacted, That where persons in- beTndebted debted to a defendant or defendants in any suit pending, or feiidaift^ judgment or execution obtained, in any of the courts of law and resides qr equity in this State, reside in a different county from the eVcoumy one in which suit is pending, or such judgment or execution in which js obtained, the parties plaintiffs, their agent, or attorneys, ing^orThe' shall make and file his, her, or their affidavits of the amount waf oh"' claimed to be due in the office of the clerk of the court, or tained, affi-justice of the peace, where such suit is pending, or such bemad^8" judgment or execution is obtained ; and it shall be the duty the office of suc^ c^er^ or just^ce °f the peace to deliver to such plain- the cierk tiff, his agent, or attorney, a certified copy of said affidavit, tilJo/the which shall he placed in the hands of the sheriff, deputy she- where the r^' or constab'e' as the case may he, of the county in which suifis 6 the person or persons so indehted and intended to be gar- pending, nisheed may reside ; and Such sheriff, deputy sheriff, or con- The plain- stable shall forthwith make out, sign, and serve a summons tain la cer- of garnishment on the person or persons so indebted, return- o^said'affi to next Superior, or Inferior, or Justice's Court of davit, the county or district in which such garnishee may reside, be^acelf11 under the restrictions and in the manner pointed out in the hands of hefore-recited act > Provided always, that such garnishment the" sheriff shall be made returnable to a Superior, Inferior, or Justice's we &cof C°urt, as if would have been had such garnishee resided in the county the county in which the suit is pending, or the judgment or defendant execution was obtained on which such summons of garnish- When the ment *s f°unded *> and any person or persons so garnisheed same is to shall appear at the court to which such summons of garnish- turnabi^6" ment is returnable, agreeably to the provisions of the before- recited act. smnmoneif § it farther enacted, That all persons duly sum- as gar- moned as garnishees under this act, or the one to which this dmwsact' is an amendment, shall be bound to-make their returns at the and the act term to which such summons of garnishment shall be return- is amend a? able ; Provided, that in all cases when summons of garnish- tomakeUnd ment shah issue> it shall he lawful for the defendant or de- their re- fendants to dissolve said garnishment, by giving bond and Proviso?' security for eventual condemnation money and cost of suit Bond and to the plaintiff, his agent, or attorney ; and provided also, !eCgivenby that in all cases the applicant for summons of garnishment, cantaas11"in his> her, or their agent, or attorney at law, shall give bond eases of at- and security as in cases of attachment. Repealing § 4. And be it farther enacted, That all laws and parts of yause. laws, so far as they militate against this act, be,, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate- Assented to, December 20th, 1823. G. M. TROUP, Governor. [no.584.] AN ACT to authorize the admission of certain Docu- ments therein mentioned, as Evidence in the several An deeds Courts of this State. of convey- Be it enacted by the Senate and House of Representatives ga?es,inand °f ^ie ^tate °f Georgia, in General Assembly met, and it is- otherW hereby enacted by the authority of the same, That from and of wr'uing after the passing of this act, all deeds of conveyance, mort- hrovedf , , tiTSa 1822, and' judgments that have been obtained since the said nineteenth in the District or Circuit Courts of the Uni e ter ^render- day of December, eighteen hundred and twenty-two, and all district of Georgia. CROMBIE ed,°n judgments that may be hereafter rendered in any of the ■ JOHN AR-kcy , , Court of the United States. which no execution courts of this State, on which no execution shall be sued out, ornoreturn or w^ich executions, if sued out, no return shall be made by madethere- the proper officer for executing and returning the same years^de-11 within seven years from the date of the judgment, shall be Proviso0*1* vo*d and n0 affect; Provided, xthat nothing in this act contained shall prevent the plaintiff or plaintiffs in such Speaker of the House of Representatives. < ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor, judgments from renewing the same after the expiration of AN ACT to authdrize the Justices of the Inferior Court [no.590.] - .... l- -- 0f either County to build Bridges over Water,-courses dividing Counties. Be it enacted by the Senate and House of Representatives Thejns- of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same mi the said seven years, in cases wher6 by law he or they would be otherwise entitled so to do,,but the lien of such revived judgments on thp property of the defendants thereto, shall operate only from the time of such revival. mentor2" § Awd be it further enacted by the authority aforesaid, execution That when any judgment or execution has been declared after the passage of this act, it shall and may be lawful, in c'ountyau- vok£by v°id and of no effect by the construction given by any of the all cases where the justices of the Inferior Court of one county ^BridL shall refbse or fail to co-operate with another in building a ges over That from and court of either construe- courts to the said third section of said act, the said judgment byn|nyeiof and execution so declared void and of no, effect shall, arid is tothethird ^ereby declared to be in as full force and effect1 as,though section of the said act had not been passed. i822,aare°f § 3- And be it further enacted, That the said third section ciared to be ^ ac* Pa®sed on the said nineteenth day of December, in fail eighteen hundred and twenty-two, be, and the same is hereby Thefthird repealed. . section of ^ DAVID ADAMS, 1822 re- Speaker of the House of Representatives, eealed\ THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1823. G. M. TROUP, Governor. [■•0.588.] AN ACT to ' viding Counties. bridge, over a stream dividing the counties, for the justices ^urse"B di- of the Inferior Court of the County to proceed to build a bridge over sa^d stream, subject to no other restriction than they ,wpuld be were the said bridge in their own county en- tir^ly. ' f \ ' - JOHN ABERCROMBIE, Speaker of the House of Representatives. ' * ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. AN ACT to authorize the Trial of certain Causes in I>o.59i.] / Morgan Superior Coiirt. vest in the Inferior Courts be made ner and under the restrictions hereinbefore pointed out by periorSu' the Superior Courts in each of such counties, and the writs courts of granted by said courts shall only extend to the laying off dC1" and assigning dower in the lands and tenements situate within the county in which such application is made. The per- § 4. And be it further enacted, That the persons ap- pointed"to pointed for the purposes hereinbefore expressed, shall return proceeding t®ie^r proceedings on such writs to the term of the Superior to the next Court next ensuing the one at which they were granted, counfthe there to remain of record, and which shall be final and con- which is to elusive between all the parties concerned, unless some per- lie final and . , , . r , , . ,, . r_ conciu- son interested shall show a good and probable matter in bar &om"per-s confirmation of such assignment, or that the appli- restJd'diaii cant *s not entaded so much as hath been assigned ; in show some which case the court shall permit an issue to be made up "wonts and hy a special jury without delay, .unless good and confirma- sufficient cause should be shown to the court for a continu- is0fobe"Ch ance, which may be granted for one term and no longer; special a anc^ ^ jurf s^ad *n favour °f return and assign- jury.' ment already made, the same shall stand confirmed, but if they should find against it, the court shall forthwith award another writ directing a new assignment, which shall be ex- ecuted and returned as before directed, and which sfiall be final and conclusive to all the parties; and in all cases where the assignment so made is confirmed by the court, writs of possession, on the application of the person to whom dower is so assigned, shall be issued by the clerk of the Superior Court from which the writ originally issued for such assign- ment, to give such person possession of the lands and tene- ments so assigned to them. The per- § 5. And be it further enacted, That the persons so in"Stheaas- ^king assignment shall in every case give to the par- signmentto ties in interest ten days' notice if they reside within the mhe par-6 State, and if they reside without the State two months' no- tins in inte- tjcej in one of the public gazettes of this State, of the time and place of making said assignment. § 6. And be it further enacted, That the persons making Said per- such assignment shall be authorized to appoint and employ n?™datoh°J a surveyor to assist in executing the writ to them directed, who, together with themselves, shall be entitled to such com- His com-* pensation for their services as the court shall deem reason- provided1 able and just, and in case the person applying for said writlor- shall refuse or neglect to pay the sum awarded by the court, execution shall be issued therefor as on a judgment. x § 7. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are clause hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1824. G. M. TROUP, Governor. AN ACT to provide for the trial of Claims of Slaves [uo.593.] levied on under execution. Be it enacted by the Senate and House of Rcpresenta- Justice's tives of the State of Georgia, in General Assembly met, and cutions ie- it is hereby enacted by the authority of the same, That in s,aye°natid all cases where a writ of execution frOTn a justice's court claim inter- shall have been levied on one or more slaves, and a claim to c°atmtobe such slaves shall have been interposed according to the laws in force for the time being, such execution and claim shall the supe- be returned to the next term of the Superior or Inferior fg°[0°r In" Court, whichever may first happen, of the county in which court of such execution was issued, and shall be there tried in the from*01""7 same manned as other claims which by law are or shall be ^mion ex returnable to those courts respectively. issued. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1824. G. M. TROUP, Governor. AN ACT to authorize the trial of certain causes in [no.594.] Gwinnett Inferior Court. Whereas, owing to the failure of the justices to attend Preamble, the court on the second Monday in December, eighteen hundred and twenty-four, the appearance docket of said court was not called; and whereas, considerable inconvenience and delay will result from that cause ; for remedy whereof, Be it enacted by the Senate and House of Representatives causes in of the State of Georgia, in General Assembly met, and it is inferior," hereby enacted by the authority of the same, That all causes ^ehmade which were made returnable to December term, eighteen returnable hundred and twenty-four, of said court, shall be considered {^e^to as standing regularly for trial, and that all pleas and answers stand for which shall be filed on or before Ihe first day of June term triaU • of said court, eighteen hundred and twenty-five, shall be considered legal and valid. JOHN ABERCROMBIE, Speaker of the House of Representatives. . ALLEN B. POWELL, President of the Senate. Assented to, June 11th, 1825. G. M. TROI/P, Governoi AN ACT to make valid, binding, and legal, all [no.595.] Bonds given in this State by Administrators and Guardians, payable to the Court of Ordinary, mem- bers of the Inferior Court, Judges of the Inferior Court, Justices of the Court of Ordinary, and, Jus- tices of the Inferior Court sitting for ordinary pur poses, in any County in this State. Be it enacted by the Senate and House of Representa- 216 JUDICIARY. Bnndaor tives of the State of Georgia, in General Assembly met, ani where it is made fully and plainly appear that the same will ttruraenu it is hereby enacted by the authority of the same, That all be for the benefit of the heirs and creditors of such estate j. Courta°ot'e bonds or other instruments in writing, heretofore given in Provided, that a notice of such application for sale be first ordinary order to secure the faithful administration of any testate or made known in ope of the gazettes of this State, at least tice 0f the nisuaiors, intestate's estate, or executors or the guardianship of the four months before any order absolute shall be made there- ®PP[lC8r executors, «person and property, or the person or property of any minor upon. fcc/not""' or minors, or insane person or persons, orphan or orphans, § 2. And be it further enacted by the authority aforesaid, ®®p^Iuik adjudicat- ma(le payable to the Court of Ordinary, justices of the Court That all laws or parts of laws militating against this act be, ed or now of Ordinary, members of the Court of Ordinary, members and the same are hereby repealed. ' , d&atton°f the Inferior Cour^t, judges of the Court of Ordinary, Whereas, doubts have arisen whether an administrator d°iciauriju" iud^ 0* Infe"01" Court, or justices of the Inferior can manage an estate by keeping the property together, and section, bunai, de- Court, sitting for ordinary purposes in any county in this working the same for the interest of said estate, and the ad- binding, le- ?tate, not heretofore the subjects of adjudication, or not ministrators are under the Ja w compelled to rent or hire out gai.andva- now under adjudication before any judicial tribunal having the property; for remedy whereof, Courto"/ competent authority, be, and the said bonds and instruments § 3. Beit enacted, That from and after the passing °f^^ay equityin so giyen as aforesaid, are declared binding, legal,-and valid, this act, that intestates' estates may be so managed, as shall be ma- this state. in any court of law and equity in this State having cogni- in the discretion of the administrator, under the direction of the uuPdjsa're_ Courts, zance of the same, against such administrator or administra- Inferior Court sitting for ordinary purposes, be deemed most Justice's, tors, or executors, guardian or guardians, and his or their advantageous for said estate,; and that in all cases where tor. ot Judges security or securities ; and that in'all cases not adjudicated any of the parties in interest shall make known to the court obi?»eesto as aforesaid,'the said courts, justices, members, or judges, that the administrator is mismanaging any estate, said court nagement to such shall be held, deemed, and considered legal obligees to such shall immediately appoint three or more proper persons,^®'101* bonds. who shall inquire into the situation of said estate, and report DUNCAN G. CAMPBELL,1 , their decision to the next court, Who shall make such order Speaker pro tew. of the House of Representatives, thereon as shall be deemed most to the interest of said . ' ALLEN B. POWELL, estate. , • ^ President of the Senate. ' IRB Y HUDSON, Assented to, December 17th, 1825. Speaker of the House of Representatives. ' G. M. TROUP, Governor. THOMAS STOCKS, , , ' President of the Senate. bonds. Ino.596.] AN ACT to authorize the Superior and Inferior Courts, Assented to, December 23d, 1826. and the Inferior Court sitting for ordinary purposes, G. M. TROUP, Governor. to be held in the Academy of Glynn County. ——■— The Supe- Be it enacted by the Senate and House of Representatives AN ACT to define the liabilitV °f securities on appeal [no.598.J ferioar?da.S" of the State of Georgia, in General Assembly met, audit is 071 staV °f execution, and for the protection of Bad on , Ordinary hereby enacted by the authority of the same, That immedi- Recognisance, Bond, Note, or other contract. to be held ately after the passage of this act, the Superior and Inferior Re ^ enacted by the Senate and House of Representatives Secunua demy Courts, and the Inferior Courts sitting for ordinary purposes °f *he State of Georgia,in General Assembly met, and it is'0 r stay k G'ynn for the county of Glynn, may be held in the academy, by hereby enacted by the authority of the same,* That in all cases ™°ne- The Sheriff the sheriff of said county giving notice of the same five days where any p,erson or persons hath heretofore entered himself as dMuupd day8'no-Ve before the sitting of said courts, at the house formerly occu- security on appeal or for stay of execution in any case, in any pied as a court-house at Brunswick ; any law to the con- court in this State, and may subsequently thereto have paid M trary notwithstanding. off and discharged the execution, issuing in such case, it shall thereof for DUNCAN G. CAMPBELL, and may be lawful for such security to apply to the sheriff Speaker pro tern, bfthe House of Representatives, clerk, constable, marshal, or attorney, tawhom such Pay-.g®gJ ALLEN B. POWELL, ment may be made, and procure,an entry olr certificate to be President of the Senate, made on such execution that the same was' paid by the secu- Assented to, December 24th, 1825., rhy, and such security shall thereupon be entitled to the use G. M. TROUP, Governor, and control of such execution for the purpose of proceeding against hi? principal. ' £ko.597.j an ACT to alter and amend the first Section of an § 2- ^ k '(further enacted, That in all cases of ap- om»ii Act, entitled An Act to alter and amend the twelfth Section issue accordiag|y a'ndJ pr0/eed .g^'either or both, at the * sixteen. • option of the plaintiff until he is satisfied ; Provided, never- Proviso. Courts of Be it enacted by the Senate and House of Representatives theless, if the execution against the security or securities be Saynorder of the State of Georgia, in General Assembly met, and it is first paid by him or them, then the execution against the real es-6 °f ^ere^ enacted by *he authority of the same, That it shall principal shall still be of force and under the control of the »at»S" and may be lawful for the Inferior Courts in the several coun- security or securities, until the same be satisfied by said ties of this State, wben sitting for ordinary purposes, to order a principal. sale of such part or the whole of the real estate of every tes- § 3. And be it further enacted, That where security shall CMes °' tator or intestate, on application of the executor, executors, ex- have been given, or. may hereafter be given for the stay of qn cluion^Se ecutrix, administrator, administrators or administratrix, guar- execution after judgment, execution shall issue as in cases of dian or guardians, which shall be at public auction ; and on appeal against the principal and security, jointly or severally, like con- the first Tuesday of the month, between the usual hours of and proceed and be controlled in like manner. tro1, sale at the place of public sales in the county where such § 4. And be it further enacted, That when any person or securities S58" real estate may lie, first giving sixty days' notice thereof in persons hath heretofore or shall hereafter became bail on °SS"fc. thesaie. one of the gazettes of this State, and at the door of the recognisance or security, on bond, note, or other contract, and when9Ua^ court-house in the county where such sales are to be held, shall be sued thereon, it shall and may be lawful for such * JUDICIARY. 217 •fence, and Judgjneat entered against them as se- curities only, and they enti- tied to the privileges of securi- ties. Proviso. When per- sons have heretofore become se- curity, and execution has issued against them which has been dis- charged, they to be entitled to the like control. When a person sub- scribes his name as security, the same to be taken as good evi- aence thereof.. bail or security on the trial of such case to make special de- fence; and in case it should appear to the court that one or more of the defendants is or are securities only, and not interested in the consideration of the contract sued on, then and in such case verdict and judgment shall be entered ac- cordingly, and further proceedings had, and privileges exer- cised as hereinbefore prescribed in behalf of the other securi- ties ; Provided, the plaintiff shall in no case b,e delayed by any dispute which may arise between the defendants, but the court shall decide the issues and the verdict which may have been finally rendered on the issues between the defendants, shall relate back to the time of the verdict and judgment in favour of the plaintiff. § 5. And be it further enacted, That in all cases in which any person or persons hath heretofore become security in the manner hereinbefore specified, and judgment has been rendered against him orthem, and execution has been issued accordingly, in which they may be able to show that he or they were security only, and as such hath or have been paid off ^nd discharged such execution, such security or securities shall have the benefit, thereof, and. power to control the same, for the purpose of indemnifying himself or themselves out of the property of the principal. § 6. And be it further enacted, That when any security to any note, bond, or obligation, shall subscribe himself as se- curity, such statement appended to his name' on the said note, bond, or obligation, shall be held and taken as good evidence of his being such security, and the plaintiff shall sue out original and mene process against him accordingly. IRBY HUDSON, Speaker of the Hpuse of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1826. Q. M. TROfJP, Governor. Tno.599.] Preamble. Widows not entitled to dower in lands of their hus- hands con- veyed da- ring covert- ure. Exception. i Proviso. The hus- band dying without. issue, the wife to in- herit the whole es- tate. Repealing^ clause. AN ACT* to amend an Act, entitled An Act to enable Feme Coverts to convey their Estates, and for confirm- ing and making valid all Conveyances and Acknow- ledgments heretofore made by Feme Coverts, passed the twenty-fourth of April, seventeen hundred and sixty, po far as the same relates to Ferrie Coverts conveying their Dower. Whereas, the before-recited act, in order to enable the husband to convey the entire interest which he has in lands and tenements, requires th'at the wife, by her own free con- sent,, become a party in the deed of conveyance with her husband, and make, sign, seal, and'deliver a formal .relin- quishment of her interest [of] dower in and to the premises herein described ; for remedy whereof, Be it enacted by the Senate and House of Representa- tives 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, all conveyances of lands and tenements made by the husband alone during the coverture shall be legal and valid, and effectually convey the entire premises therein described, except such lands as the husband may have become possessed of by his intermar- riage with said feme covert; any law, usage, custom, or rule of court to the contrary notwithstanding; Provided, that nothing herein contained shall prevent the widow from her right .to dower in all lands of which her husband may have died seized and possessed. § 2. And he it further enacted, That whenever it shall so happen that any person shall die intestate, and without isSue, his wife shall inherit the whole estate, both real apd personal, of her deceased husband, after paying his just debts. § 3. And be it further enacted, That so much of the above- * See Act No. 627, vesting the whole of the husband's estate, dying intestate, in the wife. Ee recited act as militates against this be, and the same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 23d, 1826. G, M. TROUP, Governor. AN ACT to amend an Act for the better Protection and [no.600.] Security of Orphans and their Estates, passed on the eighteenth day of February, seventeen hundred and ninety-nine. Be it enacted by the Senate and House of Representa- Guardians tives of the State of Georgia, in General Assembly met, ?nfSane°pe'r- and it is hereby enacted by the authority of the same, That ^°0nv®,t^b. from and after the passage of this act, if any guardian here- tain letters tdfore appointed, or hereafter to be appointed to any minor dismissory. or minors, insane person or lunatic, should be desirous of obtainingjetters dismissory from such guardianship, it shall and may be lawful for such guardian to apply to the Court of Ordinary whence his letter issued, and obtain an order nisi, requiring all persons concerned to appear at the next term of said court, to show cause why he, she, or they should not be dismissed from said guardianship. § 2. And be it further enacted, That it shall be the duty Rule nisi of any guardian, so obtaining such order nisi, to publish the |°shedforty same for forty days in one or more of the public gazettes of days, this State, having thempst extensive circulation in the county where the application is made ; and when it shall be shown to the court that such publication has been made, it shall he the duty of said court strictly to examine the returns, ac- counts, and vouchers of such guardian, and take sbch further order, or grant letters dismissory, as the circumstances of the case may require. § 3. And be it further enacted, That whenever it shall Whauobe be found that any guardian applying to be dismissed under the pro' 1 the provisions of this act, shall l?ave in his or her hands any money, property, or effects belonging to his or her ward or in the wards, the same shall be delivered to the Court of Ordinary, [Jf" who, by their clerk, or such other person as the court may dian. deem proper, willing to accept the same, shall take charge thereof, and manage the same for the benefit of such minor, lunatic, or insane person, until the appointment of another guardian. § 4. And be it further enacted, That whenever it shall The cierk become necessary for any clerk of the Court of Ordinary SPoK? to take upon himself the duty of guardian as aforesaid, he ry.when shall give bond and security for the faithful discharge of his luTrdlan, duty as in ordinary cases of guardianship. bondand § 5. And be it further enacted, That after the passing of security, this act, it shall be the duty of the Court of Ordinary to re- quire of all guardians good and sufficient security for the^dm^ faithful discharge of their duty as guardians, in a sum double supposed the supposed value of the property belonging to said ward prop^tyof or wards, payable to the Inferior Court sitting as a Court of the ward. Ordinary. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, 20th, 1826. G. M. TROUP, Governor. AN ACT to admit certain Deeds to record, and to au- [no.601.j thorize the same, or copies thereof, to be read in evi- dence, and also the copies of certain other Deeds. Be 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 218 JUDICIARY. Deeds for, after the passing of this act, all deeds for lands which may after the passage of this act, that so much of the before- Ruie« for c^rded^nd have been recorded upon the lawful affidavits of two or recited act as makesjt necessary for all rules to foreclose though not more subscribing witnesses, or by being subscribed and wit- mortgages on real estates to be published in one of the recorded nessed by one or more witnesses and a notary public, judge public gazettes of this State, at least once a month for to be pub- SmepwJ6 of the Superior Court, justice of the Inferior Court, or jus- twelve months, or copies of said rules .be served on the scribed by tice of the peace, but not recorded within the time pre-* mortgagers or their special agents, at least six months pre- m monik mitt'ed in scribed by the laws of this State, shall be admitted in evi- viQUs to ihe time the money is directed to be paid [be and w/thou? dence without further proof; and when the originals are lost the same is hereby repealed]; and that a lien thereof, it further or destroyed, and that being made judicially known to the shall only be necessary for said rules to be published in one When the court, copies of the same! may be introduced. and redd in of the public gazettes of this State, once a month for six originals evidence on any trial before any court of law or equity in W>nths, or be . served in the manner mentioned in said act co^ie°sSmay this State. ' . * three months before the time at which the money is directed tjficedTn § 2- And be it further enacted, That all deeds executed to be paid; Provided, that nothing iri this act'shall be so'Proviso.. Deed"exe- an<^ Proved according to the laws of, this State, but not yet construed as to affect any mortgage which may. ekist at and . cuteAmT recorded, may nevertheless be recorded within twelve before the passage of this act. P™vyeedt™d months from the passage of this act, upori the usual proof , 1 IRBY HUDSON, ' corded, [of] their execution; and when so recorded, the same, or Speaker of the House of Representatives. xi r ■ J ' 1 A _c__.ii- " • nPtir»TlT A G fiTOnifH corded6 re. copies thereof, may be read in evidence without further 1,„ , THOMAS STOCKS, within 12 proof. . , • , . President of the Senate. Repealling , § 3. And be it farther enacted, That all laws and parts Assented to, December 26tK, ,1826, • * \ clause. of laws militating against this act be, and the^simeare . ' ' G. M. TROUP, Governor. hereby repealed. > . . ' • . > , ■ «- ' 1 ' IRBY HUDSON, AN ACT to prevent the Testimony of . Indians being [no,604,] ^ k Speaker of the House of Representatives. received in Courts of Justice. THOMAS STOCKS, Beit enacted by the Senate and House of Representatives Mans, or • • President of the Senate. 0ff]ie State of Georgia, in General .Assembly tjiet, audit is Assented to,— 23d, 1826. ^ _ > hereby enacted by tlw authority of the same, That from and °r'|,®tP«r- G. M. TROUP, Governor; after the passage df this act, no Indian,, aEnd no descendant testify in <•-— , qf an Indian, not understanding the English language, shallourCoiul1 Pno.6Q2.] AN ACT* pointing oiit the mode of compelling the At* be deemed a competent witriess in any court of justice ere- torney General and the Solicitors General of this atedby the Constitution and laws of this State. State to pay over moneys collected by them for the * IRBY HUDSON, State. - ' ■ ' Speaker of the House of Representatives. , / THpredfeirtof'th^Senate. Assented to, December 26th, 1826. jectto be nerehy enacted by the authority of the same, That from and ' ' ;r 'n M TTJOTTP flrwprnnr ^4 ^01 after th© passage of this act, the attorney general and thd so- >' . , ' ' ST Sta,e•' ^ be subject to a Iftle of AN ACT/or tfe better organization 'of the Maya's M«5-l tilesute. furtto compel them to pay over moneys coHecfed by,them ^ . J , * , f . « . , f0t chanzinl the ' , for the State, under the same rules and regulations as go- : ^ I Augusta, ana jor cnangmg ttw vern attorneys and counsellors at law, when they neglect or name of ttw same. • refuse to pay over moneys collected for (their client's. Be it enacted by the Senate and House of Representa- Anyprac- §2. And be it further enacted by the authority aforesaid, ^ves 'of ihe State of Georgia, in General Assembly met, of Augusta tornlyem- That any practising attorney at law whenemployed for that and it, is Jiereby enacted by the authority of ihe same, That that pur^r PurPose by the Governor., treasurer,' or comptroller gene-; from 'and after the passing of this act, the court now known ofCommon pfsecom- ral, shall be fully competent to prosecute such lnle against as'the mayor's court of the city of Augusta, shall be called eas' prosecute any defaulting attorney or solicitor general; any'law, usage, the Court of Common Pleas for the city of Augusta, the rule, or custom to the contrary notwithstanding. - §2. And be ft further enacted bythe authority aforesaid, TheJudges. §3. And be it farther enacted,, That the judges of1 the That the judge of the said court shall be elected by the Le-ed by the perior u Superior Courts shall have {lower to imprison as for a eon- gislature immediately after the passing of this act, and shall ^sla' powered'to temPt sucb defaulting solicitor or attorney • general, arid hold his office for the term of three years, unless removed imprison duripg such imprisonment said courts'shall, have power to therefrom by, the Governor, on the address, of two-thirds qf Attorney^r appoint, temporarily, some attorney to execute the duties of both houses of the General Assehffily. . 1 Generafas Sl!C^ delinquent.solicitor or attorney general. " § 3. And. be it further enacted by the authority aforesaid, Repealing forcon- ' ' , IRBY HUDSON, That all IeLws 'and parts of laws militating against this act clauf tempt" Speaker of the House of Representatives, shall be, and are hereby repealed. THOMAS STOCKS* , ' IRBY HUDSON, ' • , - '. , President of the Senate. • Speaker of the House of Representatives. Assented to, December 23d, .1826. , • . . THOMAS STOCKS, G. M. TROUP, Governor. , \ President of the Senate. —-— , > Assented to, 1826.% , [no.603.] AN ACTf to amend the Judiciary of seventeen hundrcd ■ ' , G. M. TROUP, Governor. and ninetyrninc, so far as relates to Mortgages an Real Estates. AN. ACT to repeal the third section of an Act Be it enacted by the Senate and House of Representatives ^ct to alter arid amend an Act, entitled An Act to of the State of Georgia, in General Assembly met, and it is alter »»• and pro- immediately alter the passage ot this act, illegitimate chil- FeSn^e* dren sbaN be placed uPon lbe same footing with orphans, so children, far as to authorize and empower the different Courts of Or- dinary within this State to confide the management of their persons and property to guardians, in all cases where the said courts may deem it necessary; any law, usage, or custom to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1827. JOHN FORSYTH, Governor. E e 2 AN ACT to amend an Act, entitled An Act to empower [no.609.] the General Court of Pleas to grant Writs of Parti- tion of Lands and Tenements held in coparcenary, joint tenancy, and tenancy in common, in this Pro- vince; and appointing the method of proceeding there- in, passed the 26th March, 1767. Whereas, by the before-recited act it is made the duty of Preamble, the Superior Courts in this State, on application for a writ of partition, to appoint eleven persons to perform such duty, which from experience to be unnecessarily expensive ; Be it enacted by the Senate and House of Representatives How land of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from partitioned, and immediately after the passing of this act, that whenever whom7 ,a writ of partition shall be granted in terms of the before- recited act, it shall be directed to five freeholders of the county where such writ shall issue, and the said freeholders, or a majority of them, shall have full power to perform all the duties required by the before-recited act in cases of par- tition ; and the said freeholders, or a majority of them, shall have power to select a surveyor to aid them in the discharge of their duties, and the said freeholders shall be subject to the same rules, regulations, and restrictions, as are prescribed by the before-recited acts in all cases of partition ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. " THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. AN ACT to repeal apart of an Act, entitled An Act to [no.6io.j revive and amend the Judiciary System of this State, passed on the. 16th day of February, 1799. Be it enacted by the Senate and House of Represenia- The Judges fives of the State of Georgia, in General Assembly met, and it fcu" is hereby enacted by the authority of the same, That so much of the said above-recited act as requires the judges of the sanction # Superior Courts, or one of them, to read and sanction bills in equity other than bills of injunction, ne exeat and quia timet, other^han before the filing of said bills in court, shall be, and the same junction, are hereby repealed. IRBY HUDSON, ancTne™61 Speaker of the House of Representatives, exeat. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. AN ACT to alter and amend an Act, entitled An Act [no.611.] to alter and amend an Act to alter and, amend the twelfth Section of an Act to protect the Estates of Or- phans, and to make permanent Provision for the Poor, passed December sixteenth, eighteen hundred and eleven. Whereas, by the above-recited acts the power is vested in Preamble, the Inferior Courts of the several counties of this State (when sitting for ordinary purposes) to order the sale of the real estate of testators or intestates, upon application of exe- culors, guardians, or administrators, for the benefit of the heirs and creditors, no power is given to said courts to order the sale of arty real estate belonging to orphans other than such as is acquired by them from their testator or intestate, by reason of which frequent and manifest injury is sustained by orphans and other's holding real estate other than such as is acquired by descent; for remedy whereof, Be it enacted by the Senate and House of Representatives courts of of the State of Georgia, in General Assembly met, and it is ^ayTrder hereby enacted by the authority of the same, That from and after the passing of this act, the justices of the Inferior Courts ^orphan^ in the several counties in this State when sitting for ordinary JUDICIARY. purposes shall be authorized to order a sale of any part, or AN ACT declaring and making certain the law regu- [no.613,j the whole of the real estate of any orphan or orphans, lu- lating the rights of Husbands in and to the Property k natic or idiot, illegitimate or illegitimates, upon application 0f their deceased Wives, and for otluir purposes. of the executor or executors, or executrix, administrator pr , Whereas> the Legislature of this State did, on the 25th of Gamble, administrators, oij administratrix, guardian or guardians, £)ecember, 1821,pass an act, entitled "An Act to amend and 3 T lt ll }and pkinly-appear that the same will he for expiain an act, passed the 12th December, 1804, entitled the benefit of such orphan or orphans, idiot or luqatic,ille- ^ct to amen(j an act? entitled An Act to carry into effect gitimate or illegitimates, under the same rules and.restric- tLe, sixth section of the fourth article of the constitution, tions as are by law pointed out for the sale of real estates of touching the distribution of intestates' estates, directing the testa*orsan? intestates. . manner of granting letters of administration, letters testa- § 2. Be it enacted by the authority of the sarnie, That a.11 mentary,' and marriage licenses, passed 23d December, laws militating against this act be, and the.same.are hereby. 1739, as respect^ advancements to children in the lifetime repealed^ ■t-d-dv tTTTnaoivT of the intestate," by the second section of which act it is pro- ^ . wided, that in case of'a feme covert dying intestate, the Speaker of the_IIouse of Representatives, hushand may demand and have administration of their rights ... 1 , THOMAS SiOCKS, , and credits,-and other real and personal estates, and recover . ' President of the Senate. ancj enjoy,the same, without being'subject to distribution;" Assented ,to, December 21st, 1827.. _ _ ^ . and whereas, the constitutionality of said sec'ond section is JOHN FORSYTH, Governor. doubted> by reason of its departure'from the titleof said — v bill; for remedy whereof, , ; ' A At * nm / ' * ' Be it enacted by the Senate and House of Representatives When a [no.612.] an AC 1 regulating the proceedings on Bonds taken for< 0fthe State of Georgia, in>General Assembly met, and it is td|»ve£ the security of the Peace, and for other purposes. hereby enacted by the authority of the same, That in' every may die in' Where Be it enacted by the Senate and House of Representatives case where a feme covert has-died withinlhis State intestate husband, taken for of the State of Geprgia, in General Assembly met f and it is since the said 25th of December, 1821, or may hereafter die a/mSa. SyTuie hereby enacted by the authority of the same, That in all cases intestate, the .husband shall and may demand and have ad- peace, or where any judge of the Inferior Court or justice of the ministration of their rights and' credits, and of other real and credits,and »SarePe" peace .shall take a bopd or bonds for, the security of, the personal estates, end' recover and enjoy the same without ~"ed peace, or where aiiy such judge or justice shall, commit any being subject to distribution ; any law, usage,' or, custom to out being intent to°'person or persons, charged with an intent to -violate- the • the,contrary, notwithstanding. 1 • • • .' peace',ethe6 P^ace> to the common jail of the county or any other place' - •„ . .. . IRBY HUDSON,' uon. Judge or of confinement, on account of thet unwillingness or inability. ■ . - Speaker of the House of Representative?. quired6 re of such person or persons to give such bonds, that then ancf . * . , . ' THOMAS STOCKS, in such case it shall be th.e duty of the said judge or justice ; ' President of the Senate, turn of forthwith to make a return of such bond, together, with the 'A-sserited to,, December 26£h,1827* £SS' affidavit or affidavits and other evidence on which the said ' . JOHN FORSYTH, Governor. &c. to the bond was required, or in case of no bond to. make a return A' ' nex erm affidavits and evidence on which the person or persons . AN ACT to amend the Rent Laws of this State. , [no.614.j were committed to jail to the next term of the Superior, In-; Be it enacted bytheSendte and House of Representatives When ate- ferior, or City Court, which may first thereafter hold .their ofthe State of Georgia,' in General Assembly met, and it sittings ; and it shall be the duty of the officer prosecuting is hereby enacted by the authority of the same, That from ^ for the State in the said court, on the first day of the said, and after?,the parsing of this act, .it shall and may be lawful lease!and term, or as soprt thereafter as he can be heard, to move jthe upon the expiration ,of any lease, or time/for which lands ^impL judge or judges presiding in. the said court to take the same have been rented, yj/hich are now in existence, or have into consideration, and it shall be the duty of the said judge ready-expired, or which shalh hereafter exist, where the the es9<*' or judges, when the case is so presented to him or them, to tenant or his sub-tenant holds over, and where the owner of examine the, evidence so returned and presented,, and if the rented property, or his agent or representative, shall de- consfdera- 'thereupon he shall be of opinion that there was no sufficient sire to have possession of the same, to demand ofthe tenant thereaardeif Sround for requiring such bond, or for the imprisonment of or tenants the possession of the rented property, and in case nat suffi- such person or,persons, then'and in such case the said judge of refusal on the part of the tenant, or omission onliis, her; founds for 01 jU(iges, are hereby required to cause the bond or bonds or their part to deliver possession, it shall and may be lawful such bond so taken to be cancelled, or to discharge the, Sftid person or for the owner thereof, or by his or her agent or represents- sonmen"! persons from confinement, as the case may be ; and if he tive, to go before the judge' of the~ Superior 'Court, or any 1 t0reons to6 s'ia^ opinio tha.t there was no reasonable ground for justice of- the Inferior Court, or' justice - of the peace, and Tbeiessor be dis- requiring such bond or bonds, to order and direct that the make oath that the lease or term of time for which the land mayWmake th "costaof Prosecutor shall pay all the costs and expenses of the said was rented has expired, and that the tenant irefuses, omits, u,e the prose- proceedings, which costs shall be collected and recovered in or neglects to give possession it -shall be the- duty of the and obtain' cutor' the same mann,e^ as fees of witnesses are provided ; that if person, before whom the oath is made to issue or grant a the said judge or judges shall have any, doubt upoq the evi- warrant or process directed to-the sheriff-or his deputy, re-10 h,av®on Additional dence presented, he orthey may receive additional affidavits quiring or commanding him to deliver to the' owner, his SSwred! fronfeither from either of the parties touching the conduct of the parties agent, or representative, peaceable, full, and quiet posses- of the par- jn relation to 'the causes from which such proceedings oi'i- sion of the rented premises, removing the tenant or tenants moved. Sived.be ginated, ' \ , withjiis property found thereon, belonging to such tenant of IRRY HUDSON, . tenants therefrom. . . „ Speaker ofthe House of Representatives-. §2. And be.it further enacted,, That when the tenant The tenant ' THOMAS STOCKS, shall declare on oath that his lease, whether written or verbaI^Sieypn»-P President of the Senate. is.,not expired, or that he does not hold the premises either Assented to, December 24th, 1827. > by lease or rent from the said person who has made the said oaihthat JOHN FORSYTH,. Qovernor.. oath, or by any one holding under him or them by rent or {S'SStex- . ... pired.M 220 Repealing, clause. of the CourU. . The pre- siding Judge to take the JUDICIARY. 221 The Sheriff lease, he shall not be removed from the possession of the qlfirecfto said premises, but the sheriff shall return the proceedings to return the the next Superior Court of the county where the land lies, SsC?o the and the fact be there tried; and if determined against the riofeoun" tenant or tenants, he shall pay double thq rent received, and where the the person making the said oath shall be entitled to a writ of andthefact possession, to be issued from and under the directions of the beatriedhere Superior Court, directed to- the sheriff or his deputy, if deter- who shall give possession of the premises as prescribed in Si the the first section of this act. teanadoubie § 3" ^nd be it further enacted, That the Sheriff, for exe- rent. °U e cuting the process aforesaid, shall be allowed the sum of possession three dollars, which amount shall be paid by the tenant, ahd then grant- his goods levied on for that purpose. The She- IRBY HUDSON, *ifrs ftes Speaker of the House of Representatives, cuting the THOMAS STOCKS, process" President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor, ever, that if the defendant will make an affidavit in writing, denying the justice and fairness of the whole or any part of the said account, the said court shall not give judgment for so much thereof as may be so traversed or controverted, un- less supported by other proof. § 2. And be it further enacted by the authority aforesaid, Repealing' That all laws and parts of laws militating against this actclaus€' be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1827. JOHN FORSYTH, Governor. Preamble. In any suit at law or in equity for jjsro.615.] AN ACT to facilitate the recovery of Personal Property in certain cases. Whereas, it frequently happens that suits in the different courts of law and equity in this State for personal property continue for a number of years, and that after the commence- ment and before the end of said suits the property'in dispute increases, or has' issue which cannot be recovered in any other way than by resorting tor a new action ; for remedy whereof, Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That while any suit or action is now pending,-or may hereafter be in- Sti'tuted in any court of law or equity in tips State for per- sonal property, the issue of said property born or to be born after the commencement of said suit or action, shall and may be recovered in the said suit or action; and it shall be the duty of the court to allow'the declaration or bill to be amended at any stage of the said suit or action, so as to include the said issuq so born or to be born ; any law, us?ige, or practice to the contrary notwithstanding. IRBY HUDSON, 1 Speaker of the House of Representatives. THOMAS STOCKS, President of the Seriate. Assented to, December 24th, 1827., JOHN FORSYTH, Governor. property, the issue born, or that may be bom after com-' mencement of suit, may be recover- ed. Declara- tion or bill to be amended at any stage of the [NO.616.] Preamble. Suits com- menced on an open ac- count in a Justice's Court out of the County where the account was ere- ated'. The same may be proven by a written affidavit, and for- warded to said Court as- evi- denee. Proviso) AN ACT to provide a more easy and convenient mode' of proving Open Accounts, so as to make them evidence in Justices' Courts. Whereas, the practice now pursued b$ thp different jus- tices' courts in this State,-of requiring open accounts to be proven in open court in order to make them evidence, is found in many instances to be highly inconvenient; for re- medy whereof, Be 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 from1 and immediately after the passage of this act, in any suit which may be instituted in a justice's court within this State, upon an open account, against any party who may have removed without the jurisdictional limits of the county in which such account was contracted, or who may reside without thd county in which the accountwas contracted, the said account may be proven by a written affidavit before any officer au- thorized to administer an oath; and when so proven, shall be received in evidence upon'the trial of said suit, as though the same had been, proven in, open court -r Providedhow- AN ACT to reduce the damages upon Bills of Ex- [no.617.j change drawn on any place beyond the limits of the United States, returned protested for non-payment; and to define more precisely the mode of settling the same on the principles of exchange, Whereas, the damages at present established by commer- Preamble, cial custom .and judicial decision in this State, upon foreign bills of exchange returned and protested, are much too high ; and whereas, a doubt exists what is the legal mode of set- tlement; for remedy whereof, Beit enacted by the Senate and House of Representatives Atothe^ of the State of Georgia, in General Assembly met, and it is January ° hereby enacted by the authority of the same, That on all bills of exchange drawn in this State after the thirty-first change day of January next, upon any place beyond the limits of any^piace the United States, which shall be returned protested for the non-payment, it shall be lawful for the holder or holders states^and thereof to recover from those liable for the payment thereof, jested, the amount of the said bill of exchange, with postages, pro- &c., the ' . ^ j*7 . , holder shall' test, other necessary expenses, and interest upon the amount recover of these sums from the date of the protest until the time of P°sla§e> • 1 • 01 protest, &c. presenting the same tor payment in this State, at the rate established at the place at which the bill was payable ; and also such premium upon the face of the bill and the foreign Also such postages, protest, and necessary expenses, as good bills of exchangO upon the same place which such bill was made face of the- payable, or worth, at the time and place of its demand in and" this State ; but if such bills are then and there at a dis- necessary count, the holder shall deduct such discount upon and from &oPeaSSgood the items of principal,, foreign postage, protest, and neces- ^"tshdeiawn sary expenses. same place. §2. And be it further enacted, That it shall be lawful for Damages the holder of such bill of exchange, so returned protested of 10 per6 - as aforesaid, also to' claim and receive from the person or amount ^ persons liable therefor, damages at the rate of ten per cent, also to be upon the amount for which the said bill was drawn. recovered. § 3. And be it further enacted, That it shall be lawful Also the ie- for the holder or holders of such bill or bills returned pro- Ist'awLS tested as aforesaid, to recover the legal interest established in this State, from the time of presentment for settlement until paid, upon the sum or sums to which he would be en- titled by the before-mentioned mode of settlement. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate: Assented to, December 24th, 1827. JOHN FORSYTH, Governor. AN ACT to provide for the recording of Heeds of [no.618.]] Mortgage upon real and personal property within this State, and to define the lien of the same; and also to amend an Act, entitled " An Act to admit cer- tain Deeds to record,! and to authorize the same or 822 JUDICIARY. copies thereof to he read in evidence, and also the satisfied; Be it therefore enacted, That in cases of mort- copies of certain other DeedsP and far other purposes, gages of personal property, executed when the said property and out or . ' , , • so mortgaged is beyond the limits of this State, and which at Preamble. Whereas, it is doubted if there be any law of force in this property shall be afterward brought within the limits of this and after- State requiring deeds of mortgage to be recorded; and State, such mortgages shall be recorded within six months !n. whereas, such a law is highly necessary for the prevention of after the said property shall be so brought in, in the office of frauds and oppression ; for remedy whereof, the clerk of the Superior pourt of the county where the per- gagJX'ii Mortgages Be it enacted by the Senate and House of Representatives son so bringing the said property , shall first establish his heretofore, State of Georgia, in General Assembly met, and it is residence.- / / ■. .• ' ' momiu.j and regu-' hereby enacted by the authority of the same, That all deeds § 6. And be it further enacted, That if the holder of any Thg"e0,der venfto be of mortgage upon real property which, have been hereto- mortgage of property, so brought into the State, shall fail to jrfsuch a fore executed shall, after having been proved, as in case of record his mortgage at the'place.and within the time spe- muffi from the deeds of real property, be recorded in the clerk's office of cified in the preceding sectioij foi the Recording the same; thi^act, if the Superior Court of the county in which such real pro- then and in such, case any and all judgments which shall recorded, Onlaeion- Perty may ^e' withm twelve months after the passing of this have been duly obtained against the said. mortgager, before ainproper"y act; and that all deeds of mortgage upon personal property the foreclosure of such mortgage, shall be entitled to take lien executed? wJuch have been heretofore executed, shall be proved by the on the said mortgaged property, prior to the said mortgage ; foreclosure within 12 affidavit of the subscribing' witness, and recorded in the Provided, that if the said mortgagee or his assignee, Or thejfe®Hfi^e STwhat ^ clerk's office of the Superior Court of the county in which legal, representatives of such mortgagee^ of assignee shall, Proviso.' County., * the mortgager shall have resided at the time of the making on foreclosure of the said'mortgage, make affidavit before Of the same, or if he be dead, in the county where his legal the judge or justice granting such foreclosure, that he was representatives, reside at the time of recording the same : the holder of the said mortgage at the time of the removal or if there be no legal" representatives in the county where of the said property into this State, and that he did not know, the mortgager las? resided previous to his death, within before the expiration of the time fixed as aforesaid for re- Proviso. . twelve months after the passage of this act; Provided, that cording, such mortgages, that the said mortgaged property 1 nothing herein contained shall be so construed as to'require had been removed ^ithia this State; Jor if the said debt be mortgages which have already been.recorded to be again npt due, and the niortgagee, or.his legal representatives, or 1 - recorded, but the same'-shall be held and deemed to be assignee, shall make a like affidavit before a judge or justice legally recorded, and admitted in evidence under the laws as aforesaid, and place the said mortgage arid affidavit to'ge- one wit- now in force in this State ; and provided also, that, if the ther on record in 'the proper officp hereinbefore specified; cientirf* witnesses to any mortgage are dead, or removed from the then aijd in such case, the said, mortgage shall be considered county, then the same may be recorded upon the affidavit arid taken from that tirrije to have and he entitled to the same < record, on- of one or more persons who are acquainted with the hand- lien as if the same had been duly recorded.., ,. handwrit- writing. .. , , ' ' §7..And he it further enacted,, That all; deeds of land Deeds or dead o^ab- § 2" ■^n^J Jfarther enacted, That all deeds of mort- which may have been' recorded on the oath of One or more mayhave sent wit-., gage upon real property hereafter'to be made, shall bef of the subscribing Witnesses, or if subscribed by two or more Mortgages provedin the same way as is above required by. the first.sec-. witnesses, one of whom attested the same as a judge of the theoatW hereafter tion of this act for-the proving' of mortgages of real estate, Superior Court, justice of the Inferior Court, justice of the ofXsub- o^reafpro- and shall be recorded in the clerk's office of the Superior peaces or notary public^shall have been recorded in- their ESS"8' Court °f the 'county in which such real estate shall lie,, official attestation.; such, deeds-, though not recorded within &"ntes€f' [nXee within three months from the date of such deed ; and that all. the time prescribed by law-, shall be admitted in evidence in j^^das the'county ■ deeds of mortgage upon personal property, hereafter to be, the same manner as deeds wbichhave been, duly recorded; evidence, where^the, made, shall be proved in the same manner as is provided in and \yheri the originals of such deeds are lost or destroyed,&c" ah made the first section of this, act for the proving of like deeds and that fact is made known to the court, the copies of such onpfereonai heretofore made, and shall be recorded in the clerk's office deeds, taken from the record, and duly attested by .the person property, to 6f the'Superior Court of the County in which the mortgager haying the custody of the "same, mayvhe read in evidence in the0rde<^res^e^ at the time of the'execution of the said mortgage, before any court of law or equity in. thig State. . '•* wh"reythe ^ree months, after the date. oSf such' mortgage. § 8. And be it further enacted, That all deeds, other than ah deeds, mortgager § 3. And be it further enacted, That every deed of con- mortgages, executed find proven, as stated in the preceding withfn 3 veyance or mortgage of either real or personal property section, but not recorded, may be recorded within twelve earned, months.v. hereafter to be made, may, upon being executed in the pre- months from the passage of this act. ven, may convey- sencC of, and attested by a notary public, judge of the Su-, ' s ■ . 1RBY HUDSON, Notary a Per*or Court, justice of the Inferior. Court, or justice of the \ Speaker of. the House of Representatives, momte Public, " peace (and yn cases of real property, by one other witness), . ' ' : THOMAS STOCKS,, pS?eof iobfat0' admitted to record and made evidence in the different ' / \ . president of the Senate.' mittedto courts of law tyid equity iri, this State, as though the same Assented to, December 26th, 1827. . madeevi- had been execute, proved, and attested as heretofore re- ' JOHN JFORSYTH, Governor, dencc. quired by the lawKof this State in case of deeds of real ' ■ : —1 Mortgages property. 4 . \ ' • Alf ACT to abolish the Plight of Survivorships in [no.619.] edasere-r § 4" ^nd be it further emcted, That upon failure to re- . \ Joint Tenants in this State. tws actby COr Whereas, it is doubtful whether the right of survivorship, Preamble, judg- ' or times hereinbefore specified for recording the same, that as under the English law, does not still exist in this State, in She®" then and in such ca?e a11 judgments obtained before the all estates of joint tenancy; - oTsecond6 ^orec^oau,*e of the said mortgage, and also any mortgage Beit enacted by the Senate and House of Representatives Thedw mortgages, executed after the same, and duly recorded, shall .take lien of the State of Georgia, in General Assembly met, and it is corded," 011 the said mortgaged property in preference to the said' hereby enacted by the authority of the same, That from and j*1 ahit"nbinVe mo/t^a°e' • after_the passage of this act, when two or more persons shall state, by preference § And whereas, personal property is frequently mort- hold snd possess any estate of lands in joint tenancy in this ^S tothcmort- gaged while beyond the limits, of this State, which property, State, and oner or more of said joint tenants may depart this jomuwi* Preamble so mortgaged, is afterward brought within the limits of this life during the existence of said estate, the title or interest^! to mssec gtate, before the debt for which the same was pledged is of the deceased joint,tenant in, Said estate shall "not go arid JUDICIAL. 223 Theinte- become the property of the surviving joint tenant or tenants, deceased''6 as under the English law, but that the same shall be dis- siia'u be'di"* tributed as all other estates are, under the existing laws of tributed as this State. aiiutiieres- ^ ^ And be it further enacted, That all laws and parts of «iause"n° ^aws against this act be, and the same are hereby Ub' " repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS,, President of, the Senate. Assented to, December 17th, 1828. JOHN FORSYTH, Governor. [no.620.] AN ACT to regulate the trial of claims to Land and Negroes when levied on by attachments in the Justices' Attach- Courts in this State. vied1 on Be it enacted by the Senate and House of Representatives ciahned^by °f die State of Georgia, in General Assembly met, and it is aay person hereby enacted by the authority of the same, That from and "hereto,The after the passage of this act, when any attachment return- haying a^e to a justices' court jn this State shall be levied pn land shall re- which has been claimed by any person or persons not a same't'o the PaHy to said attachment, it shall" be the duty,of the officer theSu°e ievy^no same to return the claim papers to the clerk Of rior Court the next Superior Court of the county where the land lies, county which court shall cause the right of property to be tried in where the the same manner as. in other claim cases. The 'claim § 2. Be it further enacted, That when any attachment as When'an af°resaid shall be levied on any negro or negroes, which such at- maybe claimed as aforesaid, it shall be the, duty of the ^lauTe 'e- levying officer to return the claim papers to the clerk of the v^edon next Superior or Inferior Court of the county in which said the negro attachment has issued ; and it shall be the duty of the courts the'ievying aforesaid to cause the right of "property to be tried in the officer shall same manner as in other cases of claims. daimtohe § 3. Be it further enacted, That the person or persons superior or c^aim^no as aforesaid, shall present their claim in the same inferior manner, and be entitled to a replevy under the same rules and Howffie regulations as in other cases of attachments and claims, claim shall § 4. Be it further enacted by the authority aforesaid, ciahns' That the jury before the trial of any of the claims aforesaid, how to be sha.ll have administered unto them the following oath, to presented. . © ' Property wit: " You cio swear or affirm, that you will give to plain- p!evied,&c! tiff"3 i*1 attachments against claimants such'damages as may before'the seem reasonable and just, not less than ten per cent., Pro- trial shaii vided it shall sufficiently appear that the claim was intended oaffi611 f°r delay only; so help,me God.'' The oath. § 5. And be it further enacted, That all'laws or parts of SaUse!'"5 laws militating against this law be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. [no.621.] AN ACT* to amend an Act, entitled An Act for the better protection of Orphans and their Estates, passed on the eighteenth day of February, seventeen hundred and ninety-nine. Preamble. Whereas, doubts have been entertained whether an exe- cutor is entitled to any beneficial interest in his testator's estate other than the commissions now allowed by law for his care and trouble in the management of said estate$ wherefore, The right Be it enacted by the Senate and House of Representatives cutor orxe" of the State of Georgia, in General Assembly met, and it is executors to any be- * gee Act No. C22, as to the service of notice, in executors and others. hereby enacted by the authority of the same, That no exe- nefidai in- cutor or executors in this State shall, either at law or in ^ equity, be entitled to any beneficial interest under and by notexpreas- virtue of the will or testament of their testator, except not edfS-"* therein expressly mentioned, except their commissions as now allowed by law, but they shall hold their residuum or his com- undevised real or personal estate as a trustee for the distri- a femme butees or next of kin of their deceased testator or testatrix. ^ixexe" § 2. And be it further enacted, That if any widow or adminisira- femme sole, after obtaining letters testamentary of adminis- gidTan tration or of guardianship, shall marry, the letters so granted marrying, shall abate during the coverture, but the husband may he abatedur- entitled to such letters upon his giving bond and security .co" and taking the oath required by law, or the court of ordinary but the' may in their discretion grant the-same to any other person emuiedd0n entitled thereto, according to the laws of this State. gjvmg se-^ §3. And be it further enacted, That when the justices of Bu"the c' the Inferior Court or Courts of Ordinary, shall or may issue a gra„?t™ay rule nisi against executors, administrators, or guardians, a any person, personal service by the sheriff or his deputy, or a copy of the havingIUSI rule shall be left by him at the executor's, administrator's, or guardian's notorious place of abode, which shall be deemed executor, a legal service ; and the justices of the Inferior Court or vice must'" Court of Ordinary shall proceed to decide the cause as if a be personal, personal service had been effected ; and in case the party "he sheriff, should have removed without the jurisdiction of the court, thg then a publication in one of the newspapers nearest his party has former place of residence, once a week for three weeks shall wl"houtthe be deemed a sufficient and legal notice. jurisdiction IRBY HUDSON, Court, the Speaker of the House of Representatives. THOMAS STOCKS, Ktw*. President of the Senate. H'eekffir Assented to, December 22d, 1828. lhre? JOHN FORSYTH, Governor. weeks'' AN ACT to authorize and require Administrators de [no.622.] bonis non on the Estates of deceased Administrators to be brought in by scire facias and made Defendants: also to prescribe the Mode of effecting Service of Or- ders of Court taken against Executors, Administra- tors, or Guardians who are alleged to be mismanaging the estates they respectively represent. Be it enacted by the Senate and House of Representatives Adminis^ of the State of Georgia, in General Assembly met, and it is bonisnon," hereby enacted by the authority of the same, That from and paries,^nd after the passing of this act, it shall and may be lawful jn how. all suits either in law or equity, brought against a former administrator on whose decease letters of administration de bonis non may be granted, to issue a scire facias to make Scire facias such administrator a party at any time after the granting of make" par° such letters of administration de bonis non. ties- § 2. And be it further• enacted, That in all cases where Mode of ef- an executor, administrator, or guardian is alleged to be vice of rules mismanaging the estate which they may respectively repre- torsex|dmi- sent, and the court shall pass an order requiring such execu- nistrators, tor, administrator, or guardian to show cause why such exe- dLnTfor cutor, administrator, or guardian should not be compelled to alleging .. /. i . i • i • • , misma- give security for such executorship, administration, or guar- nagement. dianship revoked, it shall and may be lawful for the sheriff Of the county to effect service of a copy of such order per- sonally on said executor, administrator, or guardian, as the case may be, at leakt twenty days before the sitting of the court at which it is made returnable. § 3. And be it further enacted, That in all such cases Service above alluded to, when the party against whom the said e'dZbenU' order shall be taken, shall remove out of the limits of the ^P|rty county or State, or absconds or conceals himself, or stands moved out in defiance of a peace officer, it shall and may be lawful on ^{Jfty or the return of the fact by the sheriff, to cause a publication of said order of court to appear in some one of the public a scon s* 224 Repealing clause. The num- berof JUDICIARY. gazettes of this State at least.three times, and such t>ublica-' dollars, but not in afiy suit or action over which justices of tion shall be deemed an equivalent to such personal service* the peace have hitherto had jurisdiction. § 4. And be it further enacted by,the authority of the same, § 2. And be it further enacted by the authority of the same, ^ ^ That all laws or parts of laws militating against this act be, That from and after the passage of this act, -the said court courts ie«. and the same are hereby repealed. , shall hold but four terms in each and every year i the first, IRBY HUDSON, on the fourth Monday in January ; the second, on the lourtn holding Speaker of the House of Representatives. Monday in April; the third, on the fourth Monday in July; Pre8C"W. and the fourth, on the fourth Monday in October. § 3. And be it further enacted by the authority of thp same, Attorney* That the attorneys practising in said court shall receive &s jjjjjj'* a tax-fee on all suits brought before said court, and per- fected to judgment, the sum of three ,dollars; and on all THOMAS STOCKS, - President of the Senate. Assented to, December 20th, 1828.' , JOHN FORSYTH, Governor. [no.623.] AN ACT to compel the Attorney and Solicitors General suits brought and settled before judgment, the ,pum of two of this State to give bond and security for the faithful dollars. discharge of the duties of their respective offices ; and to further define the duties of the Comptroller General, the Attorney, and Solicitors General, The Attor- Be it enacted by the Senate and House of Representa- § And be it further enacted, That the clerk and- sheriff of Sheriip, the court aforesaid shall have and receive but two-thirds of ilte/m"' the fees heretofore allowed to each respectively by law, and the practice of said court to be charged as costs against the suiters in said court. , § 4. And be it further enacted by the authority of the same, That it shall be the duty'of the clerk of said cpurt, upon the Judge'efee , V •. 1 r .u- cu x J institution of any suit, to. collect and receive from the plain- attorpey and (solicitors general of this State, and they are tiff ,he u wbidb ,is allowed, by law to the judge! of said hereby required, before they are qualified and enter upqn the t and required to be advanced at the institution of said duties of their respective offices, to give bond and security gujt ^ , wTbT ?the ®°»er"°' f°r '!>»tim? b,ei°S: and his ip-of- s'4- Ani U:it further enacted, That, all judgments ob- The lienor «han.bo judged of »nd approved }j«% inthe tained'jn said court shall have a lien on all property belong- SET Solicitors tives of the State of Georgia, in General Assembly met, and tills state°f ** *s hereby enacted by the authority of the same, That from compelled and after the passage of this act, it shall be the,duty of the to give .... ..... bond and security. [ the conditions of said ffT thousand dollars, which said bond shall' be ing ,0 defendant throughout the. State,' hnd all executions bonds. conditioned tp pay over to the comptroller general of. the gh|u be directed to the city sheriff, and all and-singular the and bow executions are to be State,, all moneys collected as attorney general or solicitors sber;ffg of the State of Georgia, and may be levied on pro- K& of theirseveral circuits orotherwise in behalf of the State, to rty tbrougboot the said State j Prodded, that the city«"«- which the State may be entitled; also the amount of all j,hhtjff.sBaU'']evy aU execntiom on property withii the Jimits sums incurred by said attorney and solicitors general, by rea- ^ ^ C0rp0rati0ni ; ■ - : .. , sonof failure to pay over the same accordmg to thp act of § be it further enacted by tteauthority# iheeam, Tn..™- eighteen hundred and 'wenty-three, and do and perform a That the sheriff Ind clerk of saidcourt shall be .liable to be Rg? other duties reqmred of them by law, which said bond shall gued jn said court the names in wbicb olb6r.parties belled in, the comptroller general's office subject to' the are made defendants and when the clerk of said eoprt shall SSU- order of the Lepslature. , - be defendant in any suit ,or action, it shall be the duty of fi* tSSSL. enacted. That it sha l be the duty said clerk *:■<*& the petition upon which said suit is ' reaSred'to i atto™OT era! and solicitors general to.make an founded and anhexa process thereto, which shall be signed SXS" ann-jal report Of the sute and standing of the claims imfa-, b the jad 6f eaid4urt^ and sball be served in. the same annual re- vour of the State, under their control, to the comptroller • • ' - * ■ ' » • ■ * standing of tu,re, T- . , manner as in other cases and it shall be the duty of the - e commencement of the session of the Legisla- aforesajd to make out final process in any case in which ,fv ^°,Wlr!fw a SU1 s aJ"e ms^ltu^»'an^ wken insti- he may be interested, which shall be signed by the judge of Ste"' ^„'r money may have been collected during the and execbted as in all other rases/and when the — •A If' V ?°'A "ff Slf'f : ,U Vi sheriff of the court aforesaid shall be defendant in any suit .A.' i r ll further,e!,Mted' (Tba' 11 !haU ,e.the d»V, brought before the court aforesaid, it shall and may be law- iSEf u g toreport to theLeg^laturea its M ^ the marshal of the city, or any one ' ier oene- annual session, all arrears or neglect of duty by the attor- He'to lay it ney general or either of the solicitors general; any law to Lef?seia-he the contrary notwithstanding. 1 IRBY HUDSON, , ture, and Speaker of the House of Representatiyes. STrtliLr ■ THOMAS STOCKS, < ^ ; ' President of the Senate. Assented to, December 20th, 1828. city, or any one of the city con- stables, to effect service on said city sheriff, and such service shall be deemed good and valid ; and it shall moreover he lawful for the marshal, or any city constable, to execute all processes against the sheriff, and the proceedings thereon shall be the same as in other Courts! § 7.' And be it further enacted, That all laws regulating The i»w« JOHN FORSYTH, Governor. attachments in relation to evidence and the taking of depo- regulating attach- sitions by interrogatories, in force in the Superior Ceurts of in C"D-624-rANciCltopiTt t A.. fr j e PAugusta, the Fees of jaws repugnant to the provisions of this act be, and the same said court. the_ Altorneye Clerk, and Sheriff thereof, and-far areherehy repealed. •V . ££? diminishing the number of its Terms from twelve to \ , IRBY HUDSON, four during the year ; and for other purpqses. - Speaker of the House of Representatives. Be it enacted by the Senate and House of Representatives • THOMAS STOCKS,' of the State of Georgia, in General Assembly met, and it is ' - President of the Senate. hereby enacted by the authority of the same, That from and Assented to, December 19th, 1828. after the passage of this act, the Court of Common Pleas for JOHN FORSYTH, Governor, the City of Augusta shall have jurisdiction over any suit or . ' - action ex contractu, wherein the principal debt amounts to AN ACT tp define and make certain the mpde of assess- [no.625.] the sum of two hundred and fifty dollars, exclusive of interest; ing Damages upon the trial of Claims of Property in and in any suit or action ex delicto, wherein the damages the Superior and Inferior Courts in this State. claimed do not exceed the sum of two hundred and fifty Whereas, doubts have been entertained whether upon the preamble. Jurisdic- tion of the Court of Common Pleas of Augusta, establish- cd. JUDICIARY. 225 On the trial of claims, and the Jury shall give dama- ges, the same shall be assessed on the whole amount due on the execution levied. Proviso. trial of claims of property, damages should be Assessed upon the amount of the execution, or the value of the property claimed, or upon the amount of the claim-bond ; for remedy whereof, Be 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 alter the passage of this act, upon claims of property now pending, or which may be hereafter pending in the Superior or Inferior Courts of this State, where da- mages shall be found by jury, the said damages shall be as^ sessed upon the whole amount then due upon the execution levied, Provided, the value of the property in dispute ex- ceeds the amount of said execution, and upon the value of the property claimed when the same is less than the amount of the execution levied ; any law, usage, or custom to the contrary notwithstanding. WARREN JOURDAN-, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21 st* 1829. GEORGE R. GILMER, Governor. shall be filed in the office of the Secretary of State of this State. § 4. And be it further enacted, That all laws or parts Repealing of laws militating against this act be, and the same are clause- hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE 11. GILMER, Governor. [no.626.] AN ACT to authorize the appointment of Commissioners out of this State to take the Acknowledgments of Heeds and other instruments of writing under seal, and-to admit the same to record in this State ; and also to take Affidavits. TheGover- Be it enacted by the Senate and House of Representatives rizedkf0 °f ihe State of Georgia, in General Assembly met, and it is and com6 hereby enacted by the authority of the same, That the Go- mission vernor of this State be, and he is hereby authorized to name, Con?rnis-re aPP°^nti a°d commission one or more commissioners in each sioners, in or such of the other States of the United States, or the ter- states, ter- ritories thereof, or the district of Columbia, as he may deem expedient; which commissioners shall continue in office of coium- during the pleasure of the Governor, and shall have authority tile ac-lake to take acknowledgments and proof of the execution of any kiiowiedg- deed, miortgage, or other conveyance of any lands, tene- Seeds"&c. ments, hereditaments, or other property lying and being in nueinoffice State, an^ any contract, letter of attorney, or any at the plea-other writing under seal, to be used or recorded in this Governor.6 State; and such acknowledgment or proof taken or made in h)gCor™uch manner directed by the lawfe of this State,-'and certified proof, to be by any one of the said commissioners, before whom the same recorded, sLall be taken or made under his seal, which certificate shall be endorsed On or annexed to the said deed or instrument aforesaid,'shall have the same force and effect, and be as good and available in law for all purposes, as if the same had been made before a judge or justice of the peace in this State. Such Com- § 2. And be it further enacted by the authority a foresaid, imssioner mu * • • • , i - , /• . i • authorized 1 hat every commissioner appointed by virtue of this act id«teran s^a^ ^ave ^ Povver an(? authority to administer an oath or oath,See., to affirmation to any person who shall be willing and desirous Act Into18 to make such oath or affirmation before him ; and such affi- effect. davit or affirmation made before such commissioner shall and is hereby declared to be^s good and effectual to all in- tents and purposes as if taken by any magistrate resident in this State, and competent to take the same. Every such § 3. And be it further enacted by the authority aforesaid, simlerrel That every commissioner appointed as aforesaid, before he takefan0 s^a^ Pr°oeed to perform any duty under and by virtue of this oath. act, shall take and subscribe an oath or affirmation before a judge of one of the Superior Courts of the State in which The sub- such commissioner shall reside, well and faithfully to execute thweoc and Perf°rm all the duties of such commissioner under and by virtue of the laws of Georgia; which oath or affirmation F f AN ACT to amend the Act of the twenty-third Decern- [no.627.] her, eighteen hundred and twenty-six, to amend the Act to enable Feme Coverts to convey their Estates, and for confirming and making valid all Conveyances and acknowledgments heretofore made by Feme Coverts, passed, the twenty-fourth of April, seventeen hundred and sixty, so far as the same relates to Feme Coverts conveying their Dower; and also to enable the wife to inherit the whole estate of her deceased husbqnd. Whereas, it is provided in the second section of the act Preamble, of the twenty-third of December, eighteen hundred and twenty-six, " That whenever it shall so happen that any per- son shall die intestate and without issue, his wife shall inherit the whole estate, both real and personal, of her deceased husband, after paying his just debts;" and whereas, doubts are entertained of the constitutional validity of said enact- ment, on account of a want of conformity between the title and the hody of the act; Be it therefore enacted by the Senate and House of Repre- The^cond sentatives of the State of Georgia, in General Assembly the'act of met, and it is hereby enacted by the authority of the same, ^r6e^0 That the said recited second section of the act of eighteen be in full hundred and twenty-six shall be, and it is hereby declared an^fmure to be in full force and effect after the passage of this act, so case, far as the same may affect any case or cases that may here- after arise. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. AN ACT to authorize the assignment and transfer of Ino.628.] Judgments and Executions, and to make certain and uniform the practice with, regard to the same. Be it enacted by the Senate and House of Representatives Judgments of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from negotiable,^ and after the.passage of this act, it shall and may be lawful uansfaiUi for the plaintiff in any judgment or, execution to sell or !^g™rittea transfer the same by written assignment, or control, and ment, &c. saiff sale or assignment shall not be considered a discharge or satisfaction of said execution, but the assignee may proceed to collect the .same for his own use and benefit, in as full and ample a manner as the plaintiff could have done if no such transferor assignment had been made. § 2. And be it further enacted, That nothing in this act This act contained shall be construed as to authorize the collection the of any execution which may have been paid off by the de- collection „ , , • , , , /.ofanyexe- fendant or his agent, and kept open for the purpose oi cution paid defrauding other creditors. dffeSam® WARREN JOURDAN, defendant- Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. 220 JUDICIARY. [no.629.] AN ACT. to enable Parties litigant in the Superior and of laws militating against this act be, and the same are here- Inferior Courts of this State to compel theproductim by repealed. . , , ,I7A.D.DT?M T_TTT)_ A >T of Written Testimony, when the same may oe in the " . wARKLJN JOyRDAJN, , possession, of Persons not Parties to the Came, and ;.. SP^ker of ito House of Representatms. residing without the County where such Cause is pend- . ' President of the Senate ing! mi for .other purposes. ■ ■ , Assented to, December lS'th, 1829. •. Preamble. Whereas, parties litigant in the courts of this State fre- 1 GEORGE R, GILMER, Governor, quently suffer great inconvenience, and sometimes gross in- . .. , . ? justice, by reason of the difficulty of procuring written tes- '.AN ACT to point out and regulate the manner of taking [tro.630.] timony which maybe necessary to the successful prosecu- the Testimony of Females, in certain Cases. 1 tion or defence of his cause, where same happens to- be. . ^ ^ b fhe, gmaie and Hmse of. Re{r^enlatim , m the possession of persons, not part es tojie cause, and. ofiheRtateofG!orgia, in General Assembly met, and it residing without the county,in w ic o p n in£ » hereby enacted by the authority of the same, That from and the for .remedy whereof, , ^ _ ,v. after the passage of this act, when the testimonyof any fe- o7fe2 dSdnboanndy -ci tt enacted by tte Senate and House of Representatives male shall.or may be required in any of the Superior or In- j» a"y«r ■«.'« .' °f «*• State Of ferior Courts which may. be held in this State, criminal cases mS, SStaT hofobyfnacted by the authority 0/ the same,.Thatlrom and , excepted, it shall and maybe lawful for either party, on 2? . after the passing of .this act, when any deed, bond, note, Of. rf,L atW ten days' notice to fhe adverse party, orhis, 2K SUSr ?«><"■ writing which it may be necessary to.use.as testimony f « ^ attorney; accompanied with a copy of the in! "•* the supe- m any cause which now is; or may be hereafter pending in " ' ^ufor/a SoJcour?" any of the Superior or Inferior Courts of this State, may be ^rogatories intended tobeexhibited,to obtain a9ommis- nor court . J r . . » j i ' sion from the clerk ot th6 court in which, the same may ne 22T- in'he 5«T" of,^y fr0"™1 * 5^ C1US?' Required, directed to certain commissioners, to examine all a n- ^ rV which satd cause: is J, • ^ witness or-witriesses on saib interrogatories any one not P^n 6 c er 0 court m \vic sai cause is pen - g parties may exhibit; ,arid such examination shall be ^ shaft upon the resd/the trial on moW,of pilhe'r party. - .. sidentin desirous of procuring such-testimony, issue va subpoena ,Andhe it further enacted bu the Lthoritu a forced the County duces tecuni, directed to the person having such deed, bond,' i be ltJunher^nacte. the cause is note, or other writing in .his possession, and requiring-him ,, J-'• * A t . T ; • • • ppearorl TA a tvt and fine! shall be the duty of the court, on motion, to issue an at- r , /«j 1 Af .w tj- r ^ tachment against such defaulting witness, returnable to the , - k Pea er n next term of .said, court, and shall iine such witness ih a sum .V > , ' ' u ^ r V c not exceeding throe hundred doUar^unless he or she shall Assented ^December 19th, 1829.^ eDt'° 1 e.-enae' make a sufficient excuse for .such'failure, which shall be , . 1 ' r«T?rki?r ^'tt attvt. ^ ,And also judged of by the. court, but shall nevertheless be subject to l , . GILMER, Governor. !nbirn-nn the action of the person at whose suit such witness shall 'A\T A />,m , • .7 a i" • -J - for da- have been summoned, for any damage which he, she, or AN ACT to amend the: several Acts respecting the [no. .j Proviso, they may have sustained by reason of snch failure ; Pro- Court of Common'Pleas Of the City of Augusta;•1 mayTvoia nevertheless, that if the person so subpeened shail^ ' Be it enacted by the Senate and House of Representatives tjieneces- wi thin'ten days after the service, of such subpoena, deliver' of the State of Georgia, in General Assembly met, and it is court of tending^". t(? the party at \W10se instance the subpeeria was sued out, or ,hereby 'enacted by the authority of the same, That from and jg"® ei?nrtthe attorney, or file in the office of clerk of the court froni after the passage of this act, the Court , of Cotfmion Pleas for theCityof instrument which s,uch -subpmrla jssued, the paper, the production of the city of Augusta shall have, junsdibtion in all civil cases ^11^ an affida"g is required by such' subpoena! or shall deliver to the. (except .such as involve title to real estate, or that may fall'' vit, &c. said party or his attorney, or . shall file, in the sajd office, his within a magistrate's jurisdiction), where the sum claimed, or ( affidavit that the. said paper is not in' his power, custody, the demands pf the plaintiff, fchall not exceed tlib sum of three ■ possession, or control* nor was it at the time of serving, said hundred dollars, exclusive of interest. ,. , subpeena; then, and in that case; siiqh delivery or filing of §'2. And be it further enacted by the authority of the same, • ' the paper so sought as aforesaid, or of such affidavit, shall That the judge of the said Court of Common Pleas shall, in ^eud|. be considered in full and complete compliance with the re- the absence of the^judge of the Superior, have concurrent ferior quisitions of such subpoena duces tecum. - , " jurisdiction with the justices of the Inferior Court in all Tarties §3.' Arid be it further enacted, That in any cause now mattery of habeas corpus, and shall also have full power and to bave^ nouhere'by pending, or which may hereafter fie pending, in the Superior authority to issue warrants upon criminal charges, to examine jS!T written 'in- or In^e"or Courts of this State, where any party shall pursue persons apprehended under ^aid warrants, and to commit, strument the course hereinbefore pointed out, but who is unable discharge, pf admit to bail in, the same manner that a justice Habeas tPo™ietej!a. thereby to procure such written instrument, such party shall of the peace may now do; Provided!, that the offence charged, *fen®goflt8 be permitted to go into parol evidence of the contents of and upon wHich the said judge may issue his warrant, hath contents. 8 such written instrument. ¥ s ' ' been committed, or that the same is alleged to have been tedTtte 5auseUnS " § 4* And be it further enacted, That all laws and parts committed in the said city of Augusta. ' city of^ JUDICIARY. 227 The Judge, § 3. And be it further enacted by the authority of the same, member Of That the judge of the said Court of Common Pleas, or any ciTma"'is- memker °f the city council, shall have full power and sue attach authority to issue attachments, which shall be returnable to meats, &c. court^ an(j within the jurisdictional amount of the same, in all those cases where a judge or other officer may now, according to law, issue attachments. When the § 4. And be it further enacted by the authority of the same, partywin- That in all cases brought in the said court where the judge terested in thereof shall be a party or interested therein, it shall be the courvam duty of a justice of the Inferior Court of Richmond county iue inferiorto Preside at tiie tr^a^ the same. court of § 5. And be it further enacted by the authority of the same, »shaiipre- That all actions commenced in said court for the recovery ' AcUons for 0^ rent' or arr®ar> s^la^ be tiaetl at ^e first term, unless good [rent to be cause be, shown,for a continuance; and judgment shall be l tirst*Tenn^ giyen uPon a^ w"ts of scire facias against bail at the term ,&c. of said court to which they may be returnable, unless suf- ficient cause be shown for a continuance. '*there'are ^ farther enacted by the authority of the same, -.more de- That in all cases where a suit shall be instituted in the said rSanmS' courL on any open account, bond, note, or other obligation j wdonere- in writing, against two or more persons, and any of the de- 1 rthefcity1 of" fendants ip said suit shall reside out of the city of Augusta, , Augusta, the clerk of said court shall make out an original petition ^ low pro- , . . - v ■ J- . ;ess shall and process, and a copy or copies thereof for each county in >e served. wffich the defendant or defendants may reside ; and it shall be the duty of the plaintiff, or his attorney, to deliver the said original and copy to the sheriff of the county in which the defendant or defendants may reside, whose duty it shall be to serve the same, and to make due return thereof to the said court, and the plaintiff shall then proceed as in other roviso. cases ; Provided, that at least one of the defendants reside in said city, and be served with process, lession? of § 7. And be it further enacted by the authority of the same, haii be six, That the sessions of said, court, in each and every year,'shall .nd when be six, and shall be held on the fourth Monday in January, on the fourth Monday in March, on the fourth Monday in May, on the fourth Monday in July, on the fourth Monday in September, and on the fourth Monday in November, from and after the passage of this act. tayof § 8. And be it further ertacted, That any party against dienand whom a judgment maybe entered, may stay the levy of exe- jwed'" cu^on f°r sPace °f sixty days, on payment of all .costs, and giving good and sufficient security within four days after judgment for the payment of the debt so recovered, and all future costs which may accrue therein ; and if such party shall fail to pay the same agreeably thereto, execution may issue against such party and the security, without any other proceeding thereon, epeaiing § 9, And be it further enacted by the authority of the same, #us ' That any law or parts-of laws militating against the pro- visions of this act be, and the same are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. no.632.] AN ACT to authorize the Inferior Courts of this State, i when sitting for ordinary purposes, to order the sale of any Slave or Slaves belonging to the Estates of Testators, or Intestates, or Wards. iw courts Be it enacted by the Senate and House of Representa- iayo'rde/ tives of the State of Georgia, in General Assembly met, aves!6 °f an^ ^ ™ hereby enacted by the authority of the same, That it shall and may be lawful for the Inferior Courts of the several counties in this State, when sitting for ordinary purposes, to 1 order the sale of any slave or slaves belonging to the estate F f 2 of any testator, or intestate, or ward, on the application of the executor or executors, or executrix, administrator, ad- ministrators, or administratrix, or guardian or guardians, which shall be at public auction, and on the first Tuesday of Saiesof, the month, between the usual hours of sale, at thp place of thefim°n public safes in the county where the letters testamentary of administration or guardianship may have been granted, ' '°n giving sixty days' notice thereof in one of the gazettes of this To be ad- State, and at the door of the court-house of the county where jays?ed 60 such sales are to be held, When it is made fully and plainly appear that the same will be for the benefit of the heirs and creditors of such estate, or of the ward of such guardian or guardians ; Provided, that a notice of such application for Four • leave to sell be first made known in one of the public gazettes ^c0enl0f&ap-" of this State, at least four months before any order absolute plication shall be made thereupon.. toKven. WARREN JOURDAN, Speaker of ihe House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. AN ACT to authorize the Inferior Courts of the several [no.633.] Counties in this State to transcribe the Records of the \ Superior Courts and Inferior Courts, and of the Courts of Ordinary of said Counties; and more fully to define the duties of the Clerks of the Superior Courts and'Inferior Courts; and to provide a remedy for the non-performance of such duties. Be it enacted by the Senate and House of Representatives The infe- of the State of Georgia, in General Assembly met, and it is ™ry p,"1urts hereby enacted by the authority of the same, That whenever pioyfitand it shall be made known to the Inferior Courts of the several sonsetoPer~ counties in this State that the records of the Superior Courts ^3nrseccr^s and the Inferior Courts, and Courts of Ordinary, or of any of oftheSupe- said courts in their respective counties have become oblite- *"o'r_ rated, defaced, or mutilated, it shall and may be lawful for binary said Inferior Courts to employ some fit person or persons to whence transcribe such records into new books of a substantial na- ture-; and Such records, when so transcribed, and approved by said Inferior Court upon their inspection, or upon the ex- amination of any person or pex-sons whom, they shall appoint for the purpose, shall have all the validity and authenticity of the original records. § 2. And be it further enacted by the authority aforesaid, when the That whenever it shall appear to the Inferior Courts afore- any of said said that the clerks, of the said courts hereinbefore mentioned Courts have failed or neglected to copy into a book of record all copy ait the proceedings in all civil cases in said courts respectively, or that the said proceedings have been partially and imper- civil cases, fectly copied, it shall and may be lawful for the said Inferior ™a^ar_ Courts to employ some fit and competent person or persons to copy, the said proceedings info a book or books of record ; rwr Court" and the said books of record shall, when approved by said ta"le5oyd Inferior Court, or by the person or persons by them to be some fit appointed for the purpose of examination, have the same copy°"aid force, validity, and authenticity as if the said proceedings proceed- had been fully copied by the clerks aforesaid, within the '"B' time prescribed ip the thirty-fourth section of the act of the General Assembly, passed on the sixteenth day of February, seventeen hundred and ninety-nine. § 3. And be it further enacted by the authority aforesaid, The infe- That the said Inferior Court, in the employment of a person "eqru^rj0 or persons to transcribe the records, and to copy the pro- ceedings as hereinbefore directed, shall offer the same to in^oTthe the lowest bidder, due regard being had to the competency ^encdort^» of the several persons proposing, and shall require bond with copying of approved security, payable to the justices of the Inferior ceilings, Court of the county, and their successors in office, in a ^ dei JUDICIARY. Bond to be given by the person employed. Suits may be institu- ted against any Clerk who lias failed or neglected to copy, &c. What shall be the da- Clerk to be ruled in certain cases, dec. penalty to be fixed by them, or any three of them, for the completion of the contract at such time pr times as shall be stipulated, and fpr the safe-keeping and return of the books, documents, and papers that may be intrusted to him or them for the purposes aforesaid. § 4. And be it further enacted by the authority aforesaid, That the Inferior Courts, shall be authorized to institute a suit or suits in the Superior Court upon the bond or bonds of any' clerk, who has failed orN neglected to copy into a book of record all the proceedings in all civil cases in said courts respectively, according to the true intent and mean- ing of the said tliirty-fourth section of. the act aforesaid, or who shall hereafter fail or neglect to record the proceedings of said Courts as' hereinafter required and shall reepver damages for the neglect or failure of such clerk in manner aforesaid, hccording to the rates for recording said proceed- ings, in all the cases which such clerks shall have failed, or shall fail to record, or which he shall have imperfectly re- corded, or shall imperfectly record ; and in case there he no valid bond of said .clerk,, it shall and may be lawful for said Superior Court to cause said clerk, by~a rule or order of said court, to pay into the hands' of the county treasurer such sum or sums of money as it shall appear to said court that such clerk has received, or shall receive, as fees for recording of proceedings in cases which he has or shall fail or-neglect to record, or has or shall imperfectly record, and to enforce such order, bf process of attachment; Provided, when it shall appear that said clerk has not received - the recording fees in any case or cases, the amount of such fees shall not be included in the damages herein required fo be collected, nor in the sum herein directed to. be'paid, ' , ' y §5. And be it further enacted by thre authority aforesaid, That the proceedings .in all cases, criminal; ast well as civil, • hereafter determined ip the several courts of la w and equity in this State, shall be fully and fairly copied by the clerks of such courts respectively irito record books of a substantial nature, pfevious to the next term of such, courts, after the adjournment of the court in which such cases shall' be de- termined. ' ~ ' '§ 0. And be it further enacted by the authority aforesaid, That it shall be the ,duty of the grand juries in the several, counties in this State, from term to term of the Superior Court, to inspect and examine the offices, papers, and records in 'the Superior and Inferior Courts of their counties ; and if the said proceedings shall not have beeh copied /into a book or books of record according to the .true, intent and meaning of this act, they shall caUsethe clerk or clerks who shall have failed or neglected to do his duty as required by, this act, to be presented for non-performance pf official duty; and the said Superior Court shall order the bond ;of such clerk to be prosecuted, arid recovery shall be. had thereon as directed in the aforesaid third section of this act; and if there -be no bond, said court fehall proceed against such clerk as in such case is therein directed. . § 7. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are herfeby repealed. ' « / . WARREN JOURDAN, ' Speaker of the House of Representatives. ^ THOMAS STOCKS,, ,■■ • 1 1 President of the Senate. Assented to, December 22d, 1829. / GEORGE R. GILMER, Governor. [no.634.j AN ACT to provide far the admission of Attorneys and .Solicitors from adjoining States, and Territories to f plead and practise law in this State. » Be it endcted by the Senate andj House of Representa- tires 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'passage of this act, it shall and may be lawful for any judge of. the Superior Courts in this State, jn term Attorney time of any of said Superior Courts, upon application being O„f;ooi made and filed in writing, to cause a license to be issued by gt^"^ the clerk of .said court to any attorney Qr solicitor from any temtorie, of the adjoining States or territories, to plead and practise in any of the courts of law and equity in this State, as fully as *^prae. if such applicant were a citizen of Georgia ; Provided, said in ^ applicant shall, before the granting of such license, produce lale- to the judge aforesaid a certificate jroin some one of the judges of the superior circuit or district courts of the State or territory of which he is a citizen, under the seal of said court, stating that he is of good moral character, and that he has been regularly admitted toplead and practise law in such State of territory, and is at the .date of such certificate a practising attorney of such State or, territory.. ^ § 2. And be it further enacted by the authority aforesaid, cierk'i fe That the clerk of the Superior Court who issues such licence shall be entitled to and receive the same fee therefor, to be paid by said applicant, as is usually paid by'persons admitted who are citizens of this State. , § 3> And be ft further enacted, That all laws or parts of Repealing laws militating against,,this act be, and the same, are herebyclauK- 'repealed.. . * : ( WARREN JOURDAN, Speaker of the House of Representatives. . > , ' THOMAS STOCKS, ■ , ... . ' ' President of the Senate. Assented to,'December 19th, 1029. > . GEORGE R. GILMER, Governor. All pro- ceedings in the Courts of law or equity in J this State .shall be fully and' fairly co- pied, See., -The Graqd Juries re- quired from term to term to inspect and examine the records, offices, &c. Clerk not having dis- charged his duty, to be presented. Repealing clause. AN ACT to amend the several Attachment Laws of this [no.635,] \ State, so far as to permit persons, whose, property may tie injured in Insurance Offices, carried on by Agents in: the State of Georgia^ whenever a dispute shall here- ' after arise between the insurers and the insured, id ,, issue an attdchment against the goods, property, or . offiedts of said Insurdnce Company, arid to garnishee its Agent or Agents. ' , ' - Whereas, disputes have ariseri and may hereafter arise be- Preamiiie. tween Insurance Companies, whose business is carried on - iri this State by agents* as to the anjount of loss which they riiay. have sustained by, fire or otherwise ; and whereas, when such disputes do arise, the insured is compelled at great ex- perise and almost a total loss of hia insurance, to prosecute his-rights in the Country or State where the Insurance Com- pany hath been incorporated, to the rnanifqst injustice of the rights of the citizens of this State, and to their, great incon- venienceq for remedy whereof, . • ' ■ . ■ . 1. Be it enacted' by the Senate: and House of Rep/re- Attack- sentatives'pf the, (State of Georgia, in General Assembly a>} met, and it is hereby enacted by the authority of the same, That from and after th 6 passage of this act, it shall and may insurers of be lawful for any person or persons, who may hereafter in-^'^"1 sure his, hqr, or their property or'effects in any Insurance Office or corripany, carried on by agents in the State of "ain cir- Georgia, when any dispute shall or may hereafter arise from any Cause whatsoever between the said insurers and the in- sured,"either in relation to the amount'of loss claimed, or the justness of the claim or demand, after he, she, or they shall havri first complied.with the rules and regulations of said Insurarice, ()ffice or'company contained in the policy, as to notice arid loss, to issue an attachment against said company upon refusal or peglect to pay said loss to the amount claimed by the insured, so that the same do not exceed the amount The contained in the policy, in the same manner, and under the like restrictions, as are pointed out in the attachment laws of this ,edU(5j" State, passed 18th day of February, 1799. 1,0 - § 2. And be it further enacted, That Upon said attach- The w* ment being issued out as aforesaid, it shall and may be law- ful for, the said plaintiff in attachment to summon the agentoffic9'1 JUDICIARY. 220 maybe or agents of such Insurance Office or company in writing, as 'a gar*ed to appear at the term of court to which the said attachment nishee, un- shall be made returnable, under the penalty of an attach- nahieso!?6" ment for contempt, then and there to answer upon oath what inent'for a he> she> or theY are indebted to, or what effects of said office contempt or company he or they had in his or their hands at the time toanswer, ^ isgumg gaid attachment, and hath or have at the time of making his, her, or their return under oath as aforesaid; and if the said agent or agents shall deny being indebted to, or having in his, her, or their hands any property or effects belonging to said office or company at the time of issuing the attachment, and at the time of making his return under oath as aforesaid, it shall and may be lawful for the said plaintiff in attachment to traverse such denial in the same manner, and under the like penalty, as is prescribed in the second section of the attachment law as aforesaid. ' How and §3. And be it further enacted, That it shall and may be 'manner lawful for the said company against whom said attachment *menumah" may *ssue> or agent or agents, upon the same being be dis« issued, to dissolve such attachment; the said company TileCom- against whom it shall issue giving bond and security to the »pany^to sheriff or other officer authorized to receive the same, in &c? °" ' double the amount claimed for the eventual condemnation Said bond money, and all costs, which bond so given shall be, and is "'signage, hereby declared to be assignable by said sheriff or other officer to the plaintiff in attachment, upon the said agent or agents of said company failing or refusing to pay or cause to be paid to the said plaintiff or his attorney, within thirty days after the rendition of a final judgment against said company or said claimant, the amount of said judgment and Suit when all costs; and the said plaintiff in the said attachment is menced°on hereby authorized forthwith to commence an action of debt said bond., on said bond against said company and its securities, and " shall and may recover judgment on said bond for the amount of said original finding against .said principal and securities as aforesaid, jointly or severally, according to the existing ' laws of this State in such cases made and provided. Repealing § 4. And be it further enacted, That all laws or parts clause. 0p jaws militating against this law be, and the same are hereby repealed. WARREN JOURDAN, 4 Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th,, 1829. GEORGE R. GILMER, Governor. [no.636.] AN ACT in addition to the Acts concerning the Guar- dianship of Minors. 1 Preamble.^ WKereas, injury sometimes results to slaves and planta- ' tions belonging to minors, from the practice of hiring and 1 renting them indiscriminately to the highest bidder; and whereas, it may sometimes be desirable to keep such slaves together, and have them worked for the benefit of said minors; Guardians, Be it therefore enacted by the Senate and House of Repre- of courtder sentat^ves ofthe State of Georgia, in General Assembly met, may°hire and it is hereby enacted by the authority of the same, That prwateiy0r guardians may exercise, under an order ofthe Inferior Court their8 °f sitti"g ^or ordinary PurPoses> a sound discretion in hiring wards. slaves under their control, either publicly or privately, as may be most conducive to the safety and comfort of the slaves, and the permanent interest of the owners. Slaves may §2. And be it further enacted, That in cases in which getherPby°~ ^ may manifestly comport with the safety and comfort of the the guar- slaves and the interest of the minors, the guardians may employed keep them together, and have them employed in such agri- cultural or other operations as said guardians. njay deem ofthe manifestly expedient, under a like order of said court. ward. § 3. And be it further enacted, That when it may be Guardians manifestly expedient, guardians may cause plantations, or piantaCtIone any part of them, belonging to minors, to be managed and cul- belonging tivated for their benefit; and when minors may not be pos- £ S'cu'iti- sessed of lands for cultivation, their guardians may apply such portion of their disposable funds as may properly be fit. applied to that purpose, to the purchase of such reasonable portion of land as may be necessary for the purposes of this chase ,and act, or they may, if expedient, rent lands for the same pur- Ss^y,6* pose, under a like order of said court. °rre^ey § 4. And be it further enacted, That guardians shall umferTn' keep regular accounts of receipts and expenditures in the courrt?fthe discharge of their duties under this act, and make regular Guardians returns to the justices of the Inferior Courts sitting for or- keep'regu-0 dinary purposes, as required by the laws which now are or un_ hereafter may be in force for the government of guardians, derthisact, WARREN JOURDAN, S™sake Speaker of the House of Representatives. &c* THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. AN ACT to amend the Acts concerning the Guardianship [no.637.] of Free Persons of Colour. Whereas, it frequently happens that the citizens of this Preamble. State decline a permanent guardianship of free persons of colour, by which the ends of justice are prevented ; Be it enacted by the Senate and House of Representatives Free per- of the State of Georgia, in General Assembly met, and it is coloufmay hereby enacted by the authority of the same, That from and suebythem after the passage of this act, free persons of colour may ex- asweilas' ercise the right heretofore secured to them, of suing and Jj(a|uar" being sued, pleading and being impleaded, answering and being answered unto, by the aid of a next friend as well as by a guardian. § 2. And be it further enacted by the authority aforesaid, Guardians That guardians of free persons of colour shall have the pri- smif"ffper vilege, with the consent of the Inferior Courts, of resign- colour, by - . , , .• .i • . . . the consent ing their appointments at any time they may wish to do so. ofthe WARREN JOURDAN, Sign.™7 Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. AN ACT to define the duties of Grand Jurors in this [no.638.] State, so as respects the time they are to be considered bound to notice offences committed in their respective Counties. Be it enacted by the Senate and House of Representatives What time ofthe State of Georgia, in General Assembly met, and it is wrllhaii' hereby enacted by the authority of the same, That grand *afkeff£°£ice jurors shall be bound only to notice or make presentment of coming"8 such offences as may or shall come to their knowledge or SJknow- observation after they shall have been sworn ; but nothing 'edge, in this act shall be considered as impairing their right as nouoaffect jurors to make presentments of any violations of the laws [Jlakf which they may know to have been committed at anv pre- present- vious time. * ments' § 2. And be it further enacted, That all laws and parts Repealing of laws militating against the intent and meaning of this c ause' act be, and the same are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives, THOMAS STOCKS, President of the Senate, Assented to, December 22d, 1829. GEORGE R. GILMER, Governor, 230 JUDICIARY. [no.639.] AN ACT to amend an Act entitled "An Act to qmend gager, or his, her, or their special agent or attorney, et least No«c« ^ the Judiciary of seventeen hundred and ninety-nine, three months previous to the time the money is directed to given. so far as relates to Mortgages mi Real Estate, " be paid ; Provided, that nothing in this act shall be so coti- Mort a ea enacted by the Senate and House of Represerita- strued as to, affect any mortgage which may exist at the time hereafter,3 tives of the State of Georgia, in General Assembly met, of the passage of this act. < o^reafes- an<^ ^ hereby enacted by the authority of the same, That § And be it further enacted, That so much of the said Repeal^ tatetobe from and after the passage of this act, when any person or judiciary of 1799 and of the said amendatory act as mill- joreciosed perSons, his, her, or their agent or attorney, shall petition tates against this act be, and the same is hereby repealed, months.. the Superior CouH as prescribed by the judiciary of 1799, <' ' r WARREN JOURDAN, for the, foreclosure ofvany mortgage on real estate, the- ' Speaker of the House of Representatives. ( court shall grant a rule directing that the principal and cost -THOMAS STOCKS, rufe"to be3 skall be paid into court within six months thereafter, which President Of the Senate, gianted. rule shall 'fie published in one Of the'public gazettes of this Assented to, December 21st, 1829. . State, once a month for four months, or served on the mort- - * - " GEORGE R, GILMER, Governor. JUDICIARY—TIMES OF HOLDING COURTS. [no.640.] AN ACT to alter and fix the time of holding the Inferior \ . Court in Emanuel County. > The time of Be it Cnapted by the Senate and House of Representatives inferiortlie of the State of Georgia, in General Assembly met, and it Emanuel ™ hereby enacted bif the authority of the, same, That from county, and after the passing of, this act, the Inferior Court of Ema-' changed nuej county shall be held at the court-house of said county hereafter, on the first Monday in January and July next enr. suing, and on the first Monday in January and July there- ' after; any laws to the contrary notwithstanding. , ; DAVID ADAMS, < Speaker of the House of Representatives. ; ; VAL. WALKER,' President of the Senate pro tern. Assented to, December 8th, 1820. , ,, .. JOHN CLARK, Governor. Tno.641.] AN ACT to alter the time of holding the Inferior Courts fop the Counties of Lincoln and Wilkes.. The times Be it enacted by the Senate and House of Representatives rior^courts °f the State of Georgia, in General Assembly met, and it is and Wilkes ^ere^y enacted by the authority of the same, That from' and changed, after the passing of this act, the time of holding the Inferior Court of Lincoln county shall be on the fourth Monday ift. February, and on the fourth Monday/in July, in each and every year ; and for the county of Wilkes, on the first Mon- day in May and the fourth Monday in September, in each Ail persons year ; and all petitions, processes, parties, jurors, witnesses, requheTto an^ other persons required to attend at any other times, are attend, &c. required to attend as herein appointed ; any law to the con- trary notwithstanding. , . - DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate., Assented to, December 2d, 1820. JOHN CLARK, Governor. [no.642.] AN ACT to authorize the Justices of the Inferior Court of Hall County, to designate some fit and proper Place for the purpose of holding Courts, and-Elections in said County. ' ' . • - . Be it enacted by the Senate and House of Representa- couriof tires of the State of Georgia, in General Assembly met, ^required and it is hereby enacted by the authority of the same, That ^designate the justices of the Inferior Court of Hall county be, and they holding , are hereby authorized to designate some fit and proper place andCourts. *n said county^such as they may conceive practicable j and that they have erected such temporary buildings as they may think convenient, out of the county funds of said county, for the purpose' of holding courts and elections in and for, said county. • \ ' ' ' §. 2,. And be it further enacted by the authority aforesaid, Whenfe That when said court shall have designated the place as aforesaid,.afi suits, processes, and recognisances be made nated,the, returnable thereto ; and that it shall be the duty of the she- SiT riff of said county .to summon all witnesses and jurymen to attend atr the place to be designated as.aforesaid. § 3. And be it further enacted by the authority aforesaid, aiiei«- That the election for'raemberts to Congress, and members of the General Assembly,' and' all other county officers, to be Congress, .held at the place as aforesaid., ^ ' Mdaiere. § 4. And be it'further enacted, That all laws or parts of Repeas la.ws militating' against this act',be, and'the same is herebyclause- repealed '; any law, Usage, or custom to the contrary not- > withstanding* , ■ t . . DAVID ADAMS, Speaker of the House of Representatives. . ; ■ . MATTHEW TALBOT, ' ' ; ■ President of the Senate. Assented to, December 2d, 1820. . , - j JOHN CLARK, Governor. The Jus- tices of the Inferior AN ACT to amend an Act passed the 1 Ath day of Be- [no.643.] cember, ,1819, to alter, and affix the time of holding the Superior and Inferior Courts in this State, so far a$ relates to the Superior and Inferior Courts of the Oc- mulgee Circuit., , , Be it enacted by the Senate and House of Representatives Theunre of the State of Georgia, in General Assembly met, and it is cotmsm hereby enacted by the authority of the same, That' from and after the passage of, this act, the time of holding the prescribed. Superior and Inferior Courts in the Ocmulgee circuit shall be as follows : Superior Courts.—In the county of Morgan, on the first Superior Monday in March and September ; in the county of Greene, Coum' on the second Monday in March and-September; in the county of Putnam, on the third Monday in March and Sep- tember ; in the county of Baldwin, on the fourth Monday in March and September; - the county of Wilkinson, on the first Monday in April, and the Tuesday after the first Monday in October; in the bounty of Jones, on the second Monday in April arid October; in the county of Jasper, On the third Monday in April and October. Inferior Courts.—In the county of Morgan, on the inferior first Monday in June and December; in the county 0fCourts" Greene, on the second Monday in June and December j in TIMES OF HOLDING COURTS. 231 the county of Putnam, on the third Monday in June and December ; in the county of Baldwin, on the fourth Monday in June and December; in the county of Wilkinson, on the first Monday in July, and the Tuesday after the first Mon- day in January ; in the county of Jones, on the second Monday in July, and the second Monday in January; in the county of Jasper, on the third Monday in July and January. m writs, § 2. And be it further enacted by the authority aforesaid, "onsideredf That all petitions, processes, bills, summons, and subpoenas, bi^tothe anc*ot^er proceedings returnable heretofore to said courts 'ourt° ie at any other time than those herein mentioned, be, and the S same are made returnable to the courts at the times herein- nutfu m • j j 11 , , , lis act. mentioned; and all parties, jurors, witnesses, and other persons required to attend at any other times, are required to attend at the times herein stated. d be pub- § .3. And be it further enacted, That his excellency the eGeorgia Governor cause this act to be published twice in the Geor- lurnai. gia Journal immediately after the passing of the same. ?Peaiing § 4. And be it further enacted, That all laws and parts luse' • of laws militating against this act be, and the same are hereby repealed. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. 0.644.J AN ACT to alter and amend an Act passed the 14th day of December, 1819, to alter and affix the time of holding the Superior and Inferior Courts in this State, so far as relates to the holding the Superior Courts in the Western Circuit. e times 2?e fa enacted by the Senate and House of Representatives . supe-3 of the State of Georgia, in General Assembly met, and it is • the°urtS hereby enacted by the authority of the same, That from and Astern after the passing of this act, the time of holding the Supe- ibed.pre" rior Courts in the Western Circuit in this State shall be as follows :—in the county of Rabun, on the Thursday after the third Monday in February and August; in the county of Habersham, on the fourth Monday in February and August; in the county of Franklin, on the first Monday in March and September; in the county pf Jackson, on the second Monday in March and September ; in the county of Hall, on the third Monday in March and September; in Gwinnett, on the fourth Monday in March and September; in the county of Walton, on the first Monday in April, and the Tuesday after the first Monday in October ; and in the county of Clarke, on the second Monday in April and Oc- tober. r" peti- § 2. And be it further enacted by the authority aforesaid, uT'beC" That all petitions, processes, summons, subpoenas, and all If isidered other processes whatsoever, returnable heretofore to said 'To the courts at any other terms than those herein mentioned, be, !'ibedin an<^ same are made returnable to the courts and the 3act> times herein stated ; and all parties, jurors, witnesses, and '!i wk- other persons required to attend at any other times, are re- f t0 quired to appear as herein appointed, p is act to §3. And be it further enacted, That his excellency the fnmmeT" Governor cause this act to be published twice in the Georgia tf teiy in Journal immediately after the passing of the same, and that fi irnaiT^ it shall be the duty of the Clerks of the Superior Courts in ® enlnthe sev8r£d counties in the Western^Circuit in this-State, to i unties, advertise once at some public place in each captain's district I of their respective counties, any alteration made by thife act in the time ofholding the Superior Court of their county, ("'pealing § 4. And be it further enacted, That all laws and parts '"'use. of laws militating against this act be, and the same are hereby repealed; any law to the contrary notwithstanding. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. AN ACT to alter and amend an Act entitled An Act to tno.645.] alter and fix the time of holding the Superior and In- ferior Courts in the several Judicial Circuits in this State; and to add the County of Madison to the Northern, and the County of Bullock to the Eastern, and the County of Columbia to the Middle Circuits, passed the 14th December, 1819 ; so far as relates to the times of holding the Superior Courts of the Mid- die Circuit. Be it enacted by the Senate and House of Representatives Times of^ of the State of Georgia, in General Assembly met, and it is superior e hereby enacted by the authority of the same, That from and {^Middle immediately after the passing of this act, the Superior Circuit Courts of the several counties of the Middle Circuit of this Prescnbed- State shall be holden at the times following, to wit: Spring Ter]»i.—In the county of Columbia, on the se- spring cond Monday in March ; in the county of Washington, on term' the fourth Monday in March; in the county of Tattnall, on the second Monday in April; in the county of Emanuel, on the Thursday after the second Monday in April; in the county of Scriven, on the third Monday in April; in the county of Burke, on the fourth Monday in April; in the county of Jefferson, on the Monday thereafter ; in the county of Richmond, on the third Monday in May. Fall Term.—In the county of Columbia, on the second Fan term. Monday in September ; in the county of Washington, on the fourth Monday in September ; in the county of Tattnall, on the second Monday in October ; in the county of Emanuel, on the Thursday thereafter ; in the county of Scriven, on the third Monday in October; in the county of Burke, on the fourth Monday in October ; in the county of Jefferson, on the first Monday in November ; in the county of Richmond, on the second Monday in November. § 2. And be it further enacted by the authority aforesaid, Writs, &c. That all writs, summons, and processes whatsoever hereto- "rnawfto for.e issued from the said courts, and made returnable thereto, times shall be held and deemed as returnable respectively at the in this act. times herein fixed and designated, and the same proceedings shall be had thereon as if they had been originally so return- able, any law to the contrary notwithstanding. § 3. And be it further enacted by the authority aforesaid, Richmond That for the future the sitting of the Superior Court for the ^spring county of Richmond, for the Spring term, shall not exceed term not to three weeks, and for the Fall term shall not exceed three threed weeks. weeks- DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. AN ACT to alter and amend an Act, to alter and fix on [no.646.] the time of holding the Superior and Inferior Courts in the several Judicial Circuits in this State, passed the \Ath day of December, 1819, so far as respects the Southern Judicial Circuit; and to alter and amend an Act to organize the Counties of Early, Irwin, and , Appling,passed the 'Hist day of December, 1819. Be it enacted by the Senate and House of Representatives 232 ' JUDICIARY. Voiding0*" of the State of Georgia, in General Assembly met, and by Courts in the authority of the same, That the,Superior Courts for the em Circuit Southern Judicial Circuit of this State, shall be held as fol- prescribed, lows, to wit: in the county of Pulaski, op the last Monday in February and August; in the county of Twiggs, the first Monday in March and September; in the county of Laurens, the second Monday in March and September ; in the county of Montgomery, the thircf Monday in March and Septem- ber; in the county of Appling, Friday thereafter; in the county of Telfair, the fourth Monday in March and Septem- ber; in the county of Irwin, Thursday thereafter; in the county of Early, the second Monday in April and October. made re^C ^ father enacted, That all summons, pro- tumabie to cesses, and writs whatever in the several Superior Courts presented *n circuit aforesaid, shall be considered as returnable on in this act. the days in this law set forth, and all persons concerned are required to give their attendance the days herein named for holding the courts for. the several counties, any laW to the contrary notwithstanding. Hot Courts § And be it further enacted, That the justices of the of Early' Inferior Courts for the counties of Eafly and Appling'are. p"ingAau- hereby authorized and required to select and draw grand and thorized to petit jurors for their respective counties, at least forty days Grand and before the sitting of their next Superior Courts. fore' Ju" § 3. And be it further enacted, That Thomas Carter, Conjmjs- ' Richard Spann, Joel Chivers, James Alexander,. Solomon pointed to* Wilson, be, and they are hereby appointed commissioners to fixatem- fix on a temporary public site for the county of Early; and for the pub! the said commissioners or a majority of them af6 hereby au- lie build- thorized and required to proceed, as soon as practicable, to rags in ,.*/? -i . . Early,,&c: make- choice of some proper place as a temporary court- house for said county, which shall be considered as the place for holding the courts, and transacting other county busi- ness, until permanent arrangements shall be made for said county. Until the § 4, And be it further enacted, That the courts for said madet " county shall be held at the house of Richard Grimsley, in Courts t° *jje fifth district of said county,'until such choice shall be be held at , , 11- Richard t made as this law directs, and no longer. ' Commis-'s' § b. And be it further enacted, That Henry Hagans, A0nn#«for Williani Smith, Jacob Raulerson, Jesse Me^zels, and Gar County"ap- briel Tucker be,' and they affe hereby appointed commis- punted, sioners of the court-house and jail for the county of Ap- * pling with all the powers given by this law to the confirms- sioners for the court-house and jail in Early county, making ■ the public site as nearly central as1 convenience will admit of. And be it further enacted, that the county elections, and other county business, shall be transacted at the house of Moses Tomlinson, until suitable buildings are prepared for said county. The • § 6. And be it further enacted, That the justices of the In- inferior1 * ferior Court of IrWin county be, and they or a majority of Irwin au- ^ern are hereby authorized to select a temporary public site. thorized to for the purpose of a court-house, until the site is made per- temporary manent, and suitable buildings erected for said county. ' site. § 7. And be it further enacted, That all laws and parts clause.'"8 of laws militating against this law be, and are hereby re- pealed. ' < / DAVID ADAMS, „ Speaker 9! the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December £ 1st, 1820. JOHN CLARK, Governor. sentafives of the State of Georgia, in General Assembly met, Time.of and it is hereby enacted by the authority of the same, That superior from'and after the passing of this act, the times of holding gjun.^ the Superior Courts in the county of Effingham, in the Eastern Circuit of this State, shall be on the Monday after the said courts are held in the county Of Bullock in said circuit. , . § 2. And be it further enacted by the authority aforesaid, Timet of That immediately after the passing of this act, the term for holding the Superiojr Coutts for the county of Wayne, in the Eastern Circuit, shall be om the third Monday in March in the Spring term annually. - § 3. And be it further enacted by the authority aforesaid, Fail Term That the Fall term of thq Superior Courts in the county ofJ^J- Wilkinson, in the Ocmulgee Circuit, shall, in ^future com- nat«i- mence on theTWednesday after the first Monday in October. § 4. And be it further enacted by the authority aforesaid, ah per That all persons, papers, suits, bonds, or other papers, or SJwu things, made returnable to the Superior Couits as before, ^nd''1 shall be made returnable to these courts, and are by this made re-' act made legal and lawful; any law, usage, or custom toturaable- ■ the contrary notwithstanding. DAVID WITT, Speaker of the House of Representatives. , , MATTHEW TALBOT, President of the Senate. Assented to, May 16th, 1821. ' JOHN CLARK, Governor. AN AQT, to authorize the Justices of the Inferior Court, [no.648.] and Court of Ordinary, of the County of Wilkes, to hold ah extra Sessiontof said'Courts. . Whereas, there is likely to be a failure of the Inferior Preamble. Court and Court of Ordinary for the county of' Wilkes, on the first Monday in the present month, from the recentdeath of Benjamin Porter, esq., one of the justices of* the said courts, and two of the justices of said courts'being mem- bers of the present Legislature, and cannot attend on the said first Monday; a.nd whejreas, inconvenience is likely to result from the failure of said courts ; for remedy whereof, § 1." Beit enacted by the Senate and House of Representa- lYcourt lives of the State of Georgia,, in General Assembly met, and "nd court by the authority of the same, That the justices of the Inferior and Court of Ordinary for the county of Wilkes be, and they rizedto are hereby authorized and empowered to hold an extra session of an inferior Court and Court of Ordinary for .the county of Wilkes, on the,first Monday in June next; and that all officers of said courts be bound ,to attend on the said first Monday in June. § 2. Atid be it further enacted, That all suitors, jurors, and witnesses are bound to attend said Inferior Court, under &c. re- . the' same penalties and like restrictions as they were bound to attend on the said first Monday in Pday ; and that.the jury What Jmy drawn to serve at the court On the said first Monday in May, 05 for the said county of Wilkes, be considered, held, and taken as the jury for the term to be holden in pursuance of this act. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, May 16th, 1$21. JOHN CLARK, Governor. no»647.] ACT to alter clyic,vv,.vv ^ «/#«> vyt Courts in the Eastern and Ocmulgee Judicial Circuits of this State, so far as respects the sitting of said Courts in the Counties of Effingham, Wayne, and Wilkinson.1 § 1. Be it enacted by the Senate and House of Repre- AN ACT to compel the Judges of the Superior Courts [n°-649,1 of this State to convene at the seat of Government in this State, once in each year, for the purpose of esta- blishing uniform Rules of Practice throughout this State. i . , Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enactfid by the authority of the same, That from and TIMES OF HOLDING COURTS. rhpJutl«ea tlie Su- quired to mend in Milledge- ville annu- ally to esta- Isli urn- 'orm Roles iil'Fiaetice. after the next electron of judges of the Superior Courts of this State, that it shall be the duty of the said several judges to convene at the seat of government of this State once in each year, at such a time as they or, a majority of them may appoint, for the purpose of establishing uniform rules of practice throughout the several circuits of this State ; and it shall be the duty of the judges so convened, to notify such' of the judges who may be absent, of such rules or alteration^ of rules as may be established as aforesaid. DAVID ADAMS, Speaker of the House-of Representatives. MATTHEW TALBOT, President of the Senate, Assented to; December 24th, 1821. JOIIN CLARK, Governor. [\o.650.] The time of holding the Spring Term of the Supe- rior Court in Wayne All writs, &c. made returnable to said Court. Aftf ACT'fd alter and amend an Act, entitled u An Aci to alter and fix the Time of holding the Superior Courts in the Eastern and Ocmulgee Judicial Circuity of this State1 so far as respects the sitting of said Courts in the Counties of Effingham, Wayne, and Wilkinson" passed the, 16th day of May 1821, so far as respects • the County of Wayne. § 1. Be it enacted by the Senate and House of Representa- tires 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 time for holding the Spring term of the Superior Court for the county of Wayne, in the Eastern Qircuit, shall be-on the last Thurs- day before .the'third Monday in March, annually, § 2, And be it further enacted by the authority of the saijie,. That all' persons, papers, suits, bonds,' or oth^r papers or things *mdde returnable to the Superior Cpurt as before, shall be made returnable to this Court, and are by this act made legal and lawful; any law, usage, Or. tustom to the contrary notwithstanding.' DAVID ADAMS," Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1821. ' JOHN CLARK, Governor. [no.651.] AN' ACT to alter the Time of holding the Inferior Court for the County'of Lincoln. The.infe- Be it enacted by the Senate and House of Representatives o^jdncoin °f ^ State of Georgia, in General Assembly met, and it is Ch°untyd hereby enacted.by tlie authority of the same,.That from and « anse • after ^ passing of this act, the time qf h'oldirjg the Inferior • Court of Lincoln county shall be on the first Monday in February, and on the first Monday in July, in"each and every year, and all petitibns, processes, parties, jurors, witnesses, and other persons, required to attend at any other time, are required to attend as herein appointed ; any law to the con- trary notwithstanding ; and that his excellency the Governor be requested, so soon as this act shall have passed, to pub-' lish the same in the Georgia Journal, and pay the expense of publication out of the contingent fund set apart for the . political year 1823. • ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. « Assented to, December 21st, 1822. * -JOHN CLARK, Governor. i no.652.] AN ACT to add tlie County of Montgomery to the Middle Circuit; and the County of Dooly to the Southern Cir- cuit; and to change the Times of holding the Superior Courts in the Southern Circuit; and to fix the Times of holding the Superior Courts in the County of Mont- G sr gomery; and to alter the Times of holding the Courts in the Middle Circuit; and to appoint the Time of holding the Superior and Inferior Courts in the Flint Circuit. Be it enacted by the Senate and Ilduse of Representa- ^ 5^," tives of the State of Georgia, in. General Assembly met, gomery and it is hereby enacted by the authority of the same, That ^Middle from and immediately after the pissing of this act, the county Circuit, and of Montgomery shall be added to and form a part of the thifsJuth- Middle Circuit; and the county of Dooly shall be added to ern*. and form a part of the Southern Circuit. § 2. And be it further enacted by the authority aforesaid, That the times of holding the Superior Courts in the Southern thehsupe-8 Circuit shall be at the times following* to wit: in the county [J1^01"18 of'Laurens, on the fir^t Monday in May and third Monday southern in November ; in the county of Twiggs, the Monday there- Sed.pre" afterin the county of Pulaski, the-Monday week there- after ; in the county of Dooly, the Friday thereafter ; in the county of Irwin, the Tuesday thereafter ; in the county of Telfair, the Thursday thereafter ; in the county of Appling, the Monday thereafter ; in the county of Early, the Monday week thereafter. . § 3. And be it further enacted by the authority aforesaid, That the times of holding the Superior Courts in the county the Supe-" of Montgomery, in the Middle Circuit, shall be on the first [n°Momgo- Monday in April, and first Tuesday in October. mefy- § 4- And be it further enacted by the authority aforesaid, That from and ipimedialtely afterthe passing of this act, the superior Superior Courts of the several counties of the Middle Cir- {^Middle cuit of this State be holden at the times following, to wit: bribed1*6" Spring Term.—In the county of Columbia,*on the se-spring' cond Monday in March ; in the county of Washington, on tufm- the fourth Monday in March ; in the county of Mont- gomery, on the first Monday in April; in the county of Tatt- Hall, on the second Monday in April; in the county of Emanuel, on the third Monday in April; in the county of Scriven, on the fourth Monday in April; in the county of Burke, on the first Monday in May; in the county of Jeffer- son, on the third Monday in May; in the county of Richr mond, on the fourth Monday in May. Faxl Term.—In the county.of Columbia, on the second ^aii term. Monday in September ; in the county of Washington, on the fourth Monday in September ; in the county of Montgomery, on the first Tuesday in October ; in the county of Tattnall, on thq second Monday in October ; in the county of Ema- nuel, on the Thursday thereafter ; in the county of Scriven^ on the third Monday in October ; in. the county of Burke, on the fourth Monday in October; in the county of Jeffer- son, on the second Monday in November ; in the county of Richmond, on the third Monday in November. § $. And be it further enacted, That the times of holding Times of the Superior .Courts in the Flint Circuit shall be as follows : superior1'6 in the county of Houston, on the second Monday in March and September ; in the county of Crawford, on the Thurs- Circuit pre- day thereafter ; in the county of Pike, on the third Monday scril,ed- in March and September; in the county of Bibb, on the Thursday thereafter ; in the county of Monroe, on thfe fourth Monday in March and September; in the county of Henry, on the Wednesday after the first Monday in April and Oc- tober; in the county of Fayette, on the third Monday in April and October; in the county of De Kalb, oti the Thurs- day thereafter; in the county of Newton, on the fourth Monday in April and October. • § 6. And be it further enacted, That the times of holding Theinfe- the Inferior Courts in the Flint Circuit, shall be as follows: "orCpurts. in the county of Houston, on the first Monday in June and December ; in the county of Crawford, on the second Monday in June and December ; in the county of Pike, on the third Monday in June and December ; in the county of Bibb, on the fourth Monday 111 June and December ; in the county of Monroe, on the first Monday in July and January; 234 ' JUDICIARY. - , in the county of Henry, on the second Monday in July and Thursday thereafter; in the county of Houston, on the third January; in the county of Fayette, pn the third Monday in Mondays in May and November; and in the county of July and January; in the county,of De Kalb, on the fourth Crawford, on the Thursday thereafter. ^ , Monday in July and January; in the county of Newton, on § 2. And be it further enacted by the authority aforesaid, . the first JVIonday in August and. February. . < That from and immediately after the passing of this act, the &c.made , § And be it further .enacted by the authority aforesaid, Inferior Courts in the different counties in the said circuit returnable That all writs, precepts, and processes of any kind or nature shall be held at the times following, to wit:—in the county .. . hwein^rci- w'iatever made returnable to the heretofore -regular terms of of Monroe, on the fourth Mondays in May and November; in scribed. said courts shall be, and the same are hereby made return4 the county1 of Pike, on the first Mondays in June and De- able to the terms hereinbefore recited., ' . cember ; in the county of Fayette, on the second Mondays • ' ALLEN DANIEL, in June and December; in the county of Newton, on the Speaker of the House of Representatives, third. Mondays in June, and December; in the county of. ■MATTHEW TALBOT, De Kklb,, on the Monday thereafter; in the county of . President of the Senate; Henry, on the Monday thereafter ; in the county of 'Craw- Assented to, December. 23d, 1822. ford, on th^ Monday thereafter ; in the cotinty of, Houston, • JOHN CLARK, Governor, oh the Monday thereafter; and in the county of Bibb, on :— - , " the, Monday^ thereafter. * , » • • [no.653.] AN ACT to alter the time of holding the Inferior Court § 3. And be it further enacted Vy the- authority aforesaid, ah writ*, of Greene County, so far as respects the Winter Ses-: declarations, writs, recognisances, precepts, and retu™bl9e sion thereof ' » ' . processes, returnable to either of said courts, shall be made The wintpr Ho it .o 4 j 7. j7. o x j rr /■ ' returnable at the times hereinbefore specified. sSlp"" Sion of .. Be lt enucted by the Senate and House of Representa- 1 T ■ DAVID ADAMS,- Green® to- Hues of tha State * ™ .• cember, shall be bound,'by virtue, of said summons,, sab-' .?? H.fe Senate and House of Represent. ^ ■, ptenas, or any other process heretofore issued, to attend said of State . °f£& SS&, or bondsmade returnable to the winter session of said/court' Telf?,rIcob"tf shall be held tn said count, on the first Hon- termpre-^ 43 heretofore holden, shall be returnable. to said court, as d?y Janua? and June > any law to the contrary notwtth- . scribed: 1 altered by this act, and ^e. hereby made,, legal apd valid j: ^-it further enacted^ bv the authority afore- any law, usage, or custom to. thecontrary notwithstanding. s ... - „{ , v ■ *1 1 t r a thisaiun- «"*•<*• § 4. And be U further enacted, That the clerk of tbe'.L «f> ™a " " ^ th» ^t, of the flerk of said court to gjjrt, SSK' ferior Court of. Greene county shall advertise the alt^atioh'^ m8st Pul>llc Places m 8»«i Sr-Wof sai.d court,hereby enacted, in one,.public place in each' 'oach captain s district of satd county.-^. _ ■' County, captain's district in said coupty, and that his excellency the • ^ - -•• -- ' ' . Governor do cause this act to be'forthwith oublished in one . pf • THOMAS STOCKS, Repealing § 5. And be itfurther enactedby the authority aforesaid, , i n u aj.\ -0C)O resi- eP ° e ena That all laws and parts, of laws militating against this bit Assented lo, December 22d, 182.3. . . be, and the same ale" hereby repealed. S , . ,, ,' " G. M. TROUP, Governor. . Speaker of'the Hous^f Retresfntetives, AI{ ACT «**<*' <»*.$* ** time on the first Monday in March and September ; in the Times of^ Be itpnacted by the Senate jmd House of Representatives county of Greene, on the second Monday in March and Sep- Courufin 6 (f the State of Georgia, in General Assembly met, and by tember; in the county of Putnam, on the third Monday in Circuit pre- ^ie authority of the same it is hereby enacted, That from and March and September; in.the county bf Baldwin, on the fourth scribed. x immediately after the passing of this act, the . Superior Monday in March and September ; in the county of Wilkin- Courts?-' Courts in the different counties in the Flint Circuit, shall be son, on the third Monday in April arid October; in the county held at the times following, to wit*.—in the county of Bibb, of Jones, oh the fourth Monday in April and October, on the second Mondays in March and September ; in the . § %,-And be it further enacted, That all laws and parts Repe« r 'county of, Monroe, on the first Monday in April, and of Jaws militating against this act be, and the same arecau . Wednesday after the first Monday in October ; in the county hereby repealed. / DAVID ADAMS, ' of Pike, on the third Mondays in April and October ; in Speaker of the House of Representatives, the county of Fayette, on the Thursday thereafter; irt the . . THOMAS STOCKS, county of Newton, on the fourth Mondays in April and Oc- v President of the Senate. ' ' tober; in the county of De Kalb,"on the second Mondays Assented to, December 20th, 1823. in May and. November; in ths county of Henry, on the - * G. M. TROUP. Governor. times of holding courts. 235 [no.657.] AN ACT to change the Time of holding the Inferior third Monday in April and October; in. the county of Court of Hancock County, so far as relates to the Houston, on the Thursday thereafter. Summer Session thereof. ' § And be it further enacted by the authority aforesaid, inferior The,,™ Be it enacted by theSenate and House of Representative* th? F"nt Clrc'"t sfha" be held at C""" ofhoujiiig 0ft/ie State of Georgia, in General Assembly met, and it is . ., »/ ? • ■D' ' IPT county of Bibb, on the cLeby enacted by the authority of tlie same, That from and 'ourth Monday in May and November ; in the county of SS* • after the passing of this act, the June session of the Inferior rTt Monday in>ne and December; in the Court of Hancock county shall be commenced and holder* ?ount? °f.Plke' on second Monday in June and Decern- on the third Monday in August next. . . beri'n the countyof Fayette, onthethjrd Monday,n June Bepeaiing $ 2. And be it further enacted by the authority aforesaid, fd December; in fie county of De Kalb, on the fourth ^ That all laws and parts of laws militating against this be, Mo"day "> June and December; ,n the county of Henry, and the same are hereby repealed. °n th,e first M°nday ld JalJ- and Ja?uary ' the °f TORN ABFRCTJOMBIF JNewton, on the second Monday in July and January ; in the Speaker of the House of Representatives. coun,J °.f Crawford, on the third Monday in July and Ja- len bu powell nuary ; in the county of Houston, on the fourth Monday in ■ *• President of the Senate. July and JaTr.L ,, , ., A1, . Assented to, December 2d, 1824. ' _J ?•/» PrecePts» processes, and notices of every kind returnable * ' # ' or nature whatsoever, made returnable or applicable to the Tesrmd [»o.«58.] an act to change the Time.of holding the Superior te™s °* said,cou.r,ts as teret,fore appointed, shall be return- ' Court in the County of Burke, so far as relates to the a e an aPP lca e 0 16 jqjjn ^BERCROMBIE Spring Term of said Court. ' • Speaker of tke House of Representa'live3. The time Be it enacted by the Senate and^ House of Representa-i ALLEN B. POWELL, tiufspting tives of the State of Georgia, in General Assembly met, dnd ' ' . President of the Se'nate. the'supL". ** *? hereby enacted by the authority of the same, That the Assented to, December 20th, 1824. rior court Spring term of the Superior Court in the county of Burke G. M. TROUP, Governor, changed! skad ke*d 011 tke second Monday after the same shall have ; • been held in the county of Scriveh, and that all declarations, aaT a mn, ^ j j> m- ^7 77- j7 o r , writs, recognisances, precepts, and processes, returnable to AN ACT to alter and fir the Time of holding theSupe- [«o.661.J the,said Spring term, shall be made returnable t6 the said' "T Courts of the Counties of Baldwin: and Wilkes, ' term as altered by this act. ' the Superior and Inferior Courts of the Counties JOHN ABERCROMBIE},, of Elbert and Madison. Speaker of the House of Representatives. Be it enacted by the Senate and'House of Representatives The ALLEN B., POWELL, of the State of Georgia, in General Assembly met, and it is ^Baidwia y , *. President of the Senate, hereby enacted by the authority of the same, That from and ^v^kes> Assented to, December 20th, 1824. > after the passing of this act, the time of holding the Superior inferk* G. M. TROUP, Governor. Gourts.of the county of Baldwin-shall be on the first Mon- liter? and 1 ^ day in April, and the Tuesday after the first Monday in Madison ['mo.659.] AN ACT to change the Time of holding the Inferior October; in the county of Wilkes, on the fourth Monday in changed!' • ' • Courts in the County of Jasper. February and August; in the county of Madison, on the Tin* tf Beit mooted by the Senate and House of Representatives s®c°"d Monday in ®arc,h,and SePten>ber i and,he c°unty ■ ms'" v the State of Georgia, in General Assembly met, and it is off U?ert' °" ,thB i"rd M.ond?y ,n Marcb f,"d,.Septeum^: com in jirojj, enacted by the authority of the same, That from and and the nfer,or ?°™'ts/or ,theT """""J of, Mrad,son 5,h.a" be S!y. after the third Monday in January next, the Inferior Courts held on t'ieafcond Monday in January and July ; and in the of Jasner countv shall be held in said countv on the second «<»»>•? of Elbert' on the third Monday in January and July, of Jasper county shall be held in said county on the second . , , Monday in May and November ; any law- to the contrary ,n each a"d eveT J"5" : and ,h»t a" auuJ precepts, pro- Alt mi* notwithstanding. cesses'and PaPerSa ma(.,e returnable to the Superior and In- JOHN ABERCROMBIE, ferio.r p°urts as ah,a" b? roade rptutrjable to the times Speaker of the House of Representatives, hereinbefore specified, and such return is by this act declared actlbea. ^LL,£jNJ B POWELL to be legal; aijy law, usage, or pustom to the contrary not- President of the Senate .withstanding. Assented to, December 20th, 1324. ' § 2- And be ^f^er enacted by the authority aforesaid, Repealing G M TROUP Governor ,phat ad ^aws and Parts OF ^aws contravenipg the provisions ' . ' .'of this act be, and the same are hereby repealed. [no.660.) AN ACT to fix the Times of holding the Superior and G ABERCROMBTE, Inferior Courts in the FliSt Circul . Speaker of 'allEN^ POWELL, Sbgle . Be il f"f,ed H 'Jf STtttf House °f fopreieoto- ' President of the Senate. Superior tives oj the btate oj Georgia, in General Assembly met, and Assented to December 15th 1824. rior Courts il is hereby enacted by the authority of the same, That the ' ' q. M. TROUP, Governor, in the Flint Superior Courts of the Flint Circuit shall be held at the times . Sb"d.pie" following, to wit: in the county of Bibb, on the fourth ^,rn 7 . . . j-NnRRl>, superior Monday in February and August; in the county of Monroe, AN ACT to change the Time of holding the Inferior ^ on the first Monday in March and September ; in the county Court of HaUcock County, so far as relates to the of Pike, on the second Monday in March and September; Summer Session thereof. in the county of Fayette, on the Thursday thereafter ; in the Be it enacted by the Senate and House of Representa- - county of De Kalb, on the third Monday in March and" Sep- tives of the State of Georgia, in General Assembly met, and of the infe- tember; in the county of Henry, on the fourth Monday in it is hereby enacted by the authority of the same, That from ^Hanco^k March and September; in the county of Newton, on the and after the passing of this act, the summer session of changed, first Monday in April, and on the Wednesday next after the the Inferior Court of Hancock county shall be commenced first Monday in October ; in the county of Crawford, on the and holden on the third Monday in August in each year G g 2 238 JUDICIARY. successively ; any law, usage, or custom to the contrary not- appointed, shall be returnable and applicable to the terms withstanding.1 THOMAS ,W. MURRAY, hereinbefore stated. Speaker of the House of Representatives. . DUNCAN G.CAMPBELL, ALLEN B. POWELL, , . Speaker pro tem. of the House of Representatives. . • President of the Senate. * • ALLEN B. POWELL, Assented to, December 3d, 1025; • ' ' , • President of the Senate. G. M. TROUP, Governor. Assented to, December 24th, 1825. . ' ' ■> s Gf. M. TROUP, Governor. t»0.663.] an ACT -to be -An Act to^ngt^Tmeof an ACT 6' alter andflThe Time of holding the &. t»om., holdmg the Infenor Court of Hem V County. ^ ^ g c XSg Be U enacted by the Sfrte"d^ZLbZZ„TZ Be it enacted by the SeJcand House of RepreseMa.Tma« the infenor of the State of Georgia, in General Assembly met, and by <. a ,, ~ * g* • • n holding tu LauthorityofthesLeiiisherebve^ted.ThutiroroJi r ' £&• after the passage of this apt, the Inferior Court for the ^tu hereby emet^Ibythe authority o/t/ie That from c™™. changed. > c rr ° r u t, u \a th* +w/1 lvr™,^, and after the fourth Monday in January next, the Superior em Circuit county of Henry shall be held yn the lurd Monday . J I at ^ ^ ^ January and July in each and every j,eVl instead of the lowin^-yiz. :^ih the county'ofXaarens; on the first'Mon- All write, im§2.eAnd°le TfJrtUr mooted,- Tjiat■ all declarations, ^ -ayl"d "November; in the^county MuSfe writs, recognisances, precepts, and processes returnable to of J™?' .sef°nd Monday in May. and fourth Monday SZffi. either of said terms as heretofore established, shall be made November > in the county of Pulaski, on the fourth Mon- gr returnable to the next January'term of. said court. , dar'° May and second Monday in December ; in the i DUNCAN G CAMPBELL' county of, Telfair, on the first Monday in June andfthird Speaker pro tem. of the House of. Representatives. > • December . in the county of Irwin, on the * ALLEN B POWELL ihursday thereafter.; %n the county ol Appling, on the se- Assented to, December 24th, .1825, • . ' . ,the county of -Ware, op, the, Thursday thereafter! in _the . 1 . . ' • b G M; TROUP'Governor coupty °* Lowndes, On the third Monday in June and first " * >r ■ •' Monday in January; in the county of Thomas, on the' . - . ——. • v • .<.■'• i ' ■ ' Thursday'thereMt^Tin the county of Decatur, on the [no.664.] AN ACT to alter and fix the Time of. Holding the Stipe-* fourth^ Monday in June andvsecond Monday in January';, in rior and Inferior Cotiris of thet Western. Circuit, and the • county of "Early, cba"S? the Time of holding the Summer a^the'* 0U *be first Monday in March and September in each year, Sessionoj the Inferior Court of Hancock County. winter . and may continue in session three weeks at each term, &ny ' ' Be it enacted fry the Senate and House of Representatives The time dieinferior law to the contrary notwithstanding ; Provided, that nothing °f the State of Georgia, in General Assembly met, and thehinfe?mr Cou»-. herein contained shall authorize the said Superior Cotfrt to is hereby enacted by the authority of the same, That the detain the jurors longer than two weeks in the month of Inferior»Court for the county of Lowndes shall be holden changed. March; and the winter session of the Inferior1 Court of Ibe tbbA Monday in January and the first Monday in 'said county shall hereafter be held oil the first Wednesday. June thereafter, at the same place pointed out by law for • after Christmas, except of such year as Christmas may come holdirig the Superior Courts for said county. . on Wednesday, in which case the court shall be held on the § And be it further enacted, That Jesse Carter and Two addi- fourth Monday in December; arid that afi suits, precepts, Benjamip Simmons be, and they are hereby appointed 4 and processes made returnable to the Superior Court on the commissioners to assist tho'se heretofore appointed to fix on second Monday in Marqh or September, shall be returnable the, site for the public buildings in the county of Lowndes; suejn oh the first Monday in March and September, and those re- vy1 law to the contrary notwithstanding. Lowndes, turnabie to the Inferior Court on the third Monday in De- . § 3- And be it further enacted, That from and after the summer cember, shall be returnable on. the first ^Wednesday after passage of this act, the summer term ofe Hancock Inferior inferior Christmas: . » - Court shall be changed from the third Monday in August IRBY HUDSON, to the first Mopday in August in each year. ehanged. Speaker of the House Of Representatives. • IRBY HUDSON, THOMAS STOCKS, * Speaker of the House of Representatives. . * President of the Senate., . '' THOMAS STOCKS, Assented to, December 8thy 18&6. ' - President of the Senate. G. M. TROUP; Governor* Assented to, December 26th, 1826. ' ' ' G. ,M. TROtfP, Governor. Im.66S.] AN ACT to change^ to Time of UWng the Inferior ANACT alter and „/Uding the Su-. [»o.6„] yf * p perior Courts in a part of the Southern Circuit; and Theinfe; Be il enacted by the Senate and House of Representatives t0 aiter the Time qr -hoMing the Superior Courts in the in TeifMr. of the State of Georgia, in General Assembly met, and it is Flint Circuit « hanged, hereby enacted hi the authority of the same, That fi-om and ^ .. , ' , ■ , rr after the first day of 'January next.thc Inferior Courts of "enrntedbythe Senate and House of Representatives a„« Telfair county shall be hold inlaid county on thq first M on- f Sta*e '' That the time of holding Tim. of * G 1VT *TTJ HTTP Gnvnrnnr the Superior Courts in the Flint Circuit in future shall he courts in . va. ivi. inuur, governor. ag mQW^ xq ^ ;^n Bibb> on the fourth ]VIond»y ifl Feb- r u (1 llUT .pnt, 7 • , .7. m- „ J. T j- - ruary and August; ip "Monroe county, on the first Monday* tabbed ).l AN ACT to change the Time of holding the Inferior jn March a id September ; in Upson county, on the second Court in the L.ounty of Butts. Monday in March and September; in Pike county, on the i utis infe Be it- enacted by the Senate and House of Representatives Thursday thereafter in March and September; in. Henry i'"md.un °f ^tafe °f Georgia, in General Assembly met, and it is copnty, on the third Monday in March and September; -in hereby enacted by the authority of the same, That from and Butts county, on the Thursday thereafter in March and Sep-i after the passing of this act, the time Of holding the Inferior tember ; 'ijiNewton, the fourth Monday in March and Sep* 238 . . JUDICIARY. ternber; in Crawford, on the first Monday in April, and of the most public places in each captain's district of said Wednesday after the first Monday in October; in Houston, county. on the second Monday in April and October. . § 4. And be it further enacted, That all laws or parts of &c made § it farther enacted, That all writs and pro- laws militating against this act be, and the same are hereby returnable cesses which have beep made returnable to any of the courts repealed. . - IRBY HUDSON, tfmes here- *n ^ counfies aforesaid, shall be taken and held as return- a ' . Speaker of the House of Representatives, inspecified. able at the times pointed out in this act; any thing to the < THOMAS STOCKS, contrary notwithstanding. '• 1 President of the Senate. \ - C , • IRB Y.HUDSON,. Assented to, December 22d, 1827. Speaker of the House of Representatives. JOHN FORSYTH, Governor. ' - THOMAS STOCKS, President .of the Senate; AN ACT to alter and fix the Time of holding the [no.671j to, December 26th, 1826. Superior and Inferior Courts in the Chattahoochee G. M. TROUP,'Governor. ♦ Circuit, and to add the County of Fayette to the Flint — . Circuit. V. • ' ' {no.672.] AN ACT to alter the Time of holding the Superior Beit enacted by the Senate and House of Representatives TheCoum Courts in the Middle and Northern Circuits, so far. of the State of Georgia, in General Assembly met, and it is as respects the Counties of Montgomery and Talia- hereby enacted by the authority of the same, That from and ferr0t - , - immediately after the passing of this actrthe time of holding' ' ' ' _ thP Superior Courts in the Chattahoochee Circuit shall bfe as . Be ? fmfed H 57 SaXa6. a".d BTsf °f.gePres Harris, on, the Thursday thereafter; in the county of Troup, ; "m"?. be Ufurther,emcled by iheauthmtyaforesind,,-0-.m^foarth,M\ ■ \ , ' -days in April and October in each year. • r [no.673.] AN ACT to change the Time ^of holding the Inferior § 4. And be it further enacted by the authority aforesaid, ah wnt^ . t Courts of Jackson arid. Telfair Counties: ■ That all( writs and' processes made returnable to,,any of the ^urUIawe ' Be itenaeted by the Senate and, House of Representative af»res!'i1d, ^' •^1" b? .'^en considered, ,rid held to be Jg- UhSSv of the State of Georgia, in General Assembly Met, and it is returnable to the aforesaid cdurfs at the tunes hereinbefore hereby enacted by the authority of the same Thatfrom'and ; and «'»« »'I Persons subpceiicd or recognised o j-nifro-, c. .l - • Xr, ™' ft, i a-, «u t f appear at any obthe aforesaid courts sha 1 he held liable to and reuuir after the passing ol this apt, the term of holding the Inferior i u • . j i „ Counties. „ ' • i j10ii l„ ' i m jt • r appear at^ the same at the times herein specified: any law, Repealing changed. Courts .of said county shall be o.n the second Monday in Ja^ •«' . . •. . . .. r ' P ■ . ciaus«. S nuarv, and first Monday in July, jn bach year ; and jhat all USa^e' or custom;to thp coatra^ D° S'^U^SON ', . declarations, ^.rds, PrUoepts, and processes, ,i - Speaker of the House of Representatives, returnable to either 61 said tei-ms as heretofore established, v ^ ' THOMAS STOCKS / , shall be made returnable to the next January term of said' . - President of the Senate. ' courtv . • ' / Assented to, December 14th,*1827. . ; , In Telfair. ^ § 2. And be it further enacted, That from and^^aftet the „ , JOHN FORSYTH Governor. - "first day;of January next, the Inferior Courts of the county » • ' of Telfairshall be held in snid county on the first Monday in ACTfo change fheTime of holding the Inferior Court April, and second Monday in October, in each and every - n . „ r« M Jthx r, year; hny la w to tile contrary notwithstanding. of Decatur County, sofar as relatesto the January Clerks r»- § 3. And be it farther enacted, That it shall be the duty Ict m oj said Court. giveCnoti°ce. of the clerk- of said court to advertise this alteration tit one Be it enacted by the Senate and House of Representatives TIMES OF HOLDING COURTS 239 The Janu- of the State of Georgia, in General Assembly met, and it is fourth Mondays in April and October; m the county of fheSor hereby enacted by the authority of the same, That from and Ware, on the'Thursdays thereafter; in the county of SSrat. after the Passin» of this act>the infe"or. Court of Decatur Lowndes, ori the first Mondays in May and November; in terwi county shall be commenced and held on the fourth Monday the county of Thomas, on the Thursdays thereafter; in the in January in each year, instead of the second Monday in county of Decatur, on the second Mondays in May and No- January as heretofore; any law, usage, or custom to the vember; in the county of Early, on the Mondays thereafter; contrary notwithstanding. in the county of Baker, on the fourth Mondays in May and IRBY HUDSON, November; in the county of Dooly, on the Thursdays Speaker of the House of Representatives, thereafter. THOMAS STOCKS, § 2. And he it further enacted by the authority aforesaid, ah persons THOMAS STOCKS, President of the Senate. JOHN FORSYTH, Governor. President of the Senate. That all persons summoned, subpceried, or bound as suitors, &c.i Assented to, December 18th, 1827. witnesses, jurors, or in any other capacity to attend said auendat JOHN FORSYTH, Governor, courts, which by the law now in force they are, or may be said required to attend, shall be bound by virtue of said summons, Court& [no.676.] AN ACT to alter and fix the Time of holding the Supe- subpoena, or any other process heretofore issued, to attend rior and Inferior Courts in and for the Ocmulgee said courts as altered by this act. District, so far as relates to the Counties of Wilkin- § 3. And be it further enacted, That all laws and parts Repealing son, Jasper, and Baldwin. of laws that militate against this act be, and the same are clause" Courts in Beit enacted by the Senate and House of Representa- hereby repealed. IRBY HUDSON, K5r thes of the State of Georgia, in General Assembly met, and • Speaker of theJHouse of Representatives. aisoTn^' ^ ™ hereby enacted by the authority of the same, That Jasper and from, and after the passing of this act, the time of holding the . , _ Baldwin. Superior Courts in the counties of Wilkinson, Jasper, and Assented to, December 24th, 1827. Baldwin shall be as follows: in the county of Wilkinson, on the second Mondays in April and October; in the ' county of Jasper, on the third Mondays in April and Octp- AN ACT to alter and fix the Times of holding the Supe- [no.678.] ber; in the county of Baldwin, on the second Monday in rior Courts in the Eastern District, and the Inferior June next, and second Monday in January thereafter, and Courts, so far as relates to the Counties of Camden at those times in each and every year.' 1 , • am^ jjbwty Inferior • §2. And be it further enacted bu the authority aforesaid, „ . ■ , \ T j tt ■ Scot Thl" the of holding the Inferior Courts in the counties ,. Be « ^tOed hy the Senate and House of Representa- T».c„m St aforesaid shall be as follows: in the county of Wilkinson, thf S!ate <# in General Assembly met, on the second Mondays in July and Jauuar/; in the County ?nd " " ^feby enacted by the authority of the same, That •»«*• Of Jasper, on the third Monday in July and January; in the fr°m and after the termination of the present Fall C.rcuit of ■ county of Baldwin, on the second Monday in April and Oc- 'he sald S"Perlor. C^rts'that ,the ""I** for bold'DS the !?.ld tober ~ ' ■ Superior Courts in the several counties in the Eastern Cir- Ail persona §3. And be it further enacted by the authority aforesaid, ^uit shall be as follows : ££&• That all persons summoned, subpoenal, or bound as suitors, . PAOi. CiRcuiT.-On the Thursday before the fost Mon- ™ cu- .oV„d witnesses, jurors,-or in any other capacity to attend said' day ,n November, m Bullock ; on the second Monday in Ojwis,&c. Courts, at the-time which By the laws now in force are November, in Camden; on the Thursday thereafter, in holden, shall be bound by Virtue of said summons, subpeepa, WaJne V°n 'J? Monday thereafter, in Glynn; on the W ed- or any other process heretofore issued to attend said courts, nesday thereafter, in Mcintosh; on the first Monday in De- as altered by this act cember, in Bryfin ; on the Wednesday thereafter, m Liberty; Ail writs, . 54. And be it further enacted by the, authority aforesaid, the Monday thereafter, in Chatham; on the first Monday returnabte That all writs, precepts, and processes of any kind or na*- m Januai7i ™ Effingham. v W/vp th* r „rfK « •' »£* ture whatsoever, made returnable to the terms heretofore £ , J fh7 m /°U ffiS3L - recited Monday in March, in Bullock ; on the first Monday in ^"c ^ - Repealing § 5. And be it further enacted by the authority aforesaid, APf< >n Camden; on the Monday'thereafter, in Wayne ; —• That all laws and parts of laws militating againsfthis act be « th* Thrda? ^ foe ! ' and thp wmPfirFWhFrAnMW thereafter, m McTntosh; on the Monday thereafter, in and the same are tereby repealed. .!Tv,oTQft • ♦». • IRBY HUDSON Liberty) on* the Thiirsd&y thereHitery in Bry&n 5 on the Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. second Monday in May* in Effingham; on the Monday thereafter, in Chatham. §,2. And be it further enacted, That from and after the inferior Assented to, December 24th, 1827*. «rst daJ °[ M«ch next, the Inferior Court in'the county of JOHN FORSVTH, Governor. °amden shadl be beld ^ Ton the bI°ndaSr ™ cClT ] January and en the first Monday in June, and m the county [so.677.] AN ACT to alter the Time of holding the Superior That all petitions, bills, a»p™- vourts in the Southern Circuit. , and subpoenas, and other processes whatsoever returnable made r«- ° Times of^ Be it enacted by the Senate and House of Representatives heretofore to said courts at any other times than those courts8!n e °f the State of Georgia, in General Assembly met, and it is herein mentioned be, and the same are made returnable to prescribed. «rn circuit ^ere% enacted by the authority of the same, Thaf; from and the courts to be held according to this act; and all parties, •hanged, after the first day of March next, the time of holding the Supe- jurors, witnesses, and other persons required to attend said rior Court in the Southern Circuit shall be as follows: in the courts, or any of them, are required to attend at the times- • county of Twiggs, on the third and fourth Mondays in March hereinbefore stated. and September ; in the county of Laurens, on the first Mon- ' IRBY HUDSON, day in April, and Wednesday after the first Monday in Oe- Speaker of the House of Representatives, tober; in the county of Pulaski, on the second Mondays in • THOMAS STOCKS, April and October ; in the county of Telfair, on the third 'President of the Senate. Mondays in April and October; in the county oj Irwin, on Assented to, December 26th, 1827. the Thursdays thereafter; in the county of Appling, on the JOHN FORSYTH, Governor. 240 ■' ' ' : JUDICIARY, [no.679,] AN ACT to alter and fix the Times of biding the. Su~ r AN ACT to, change the Time{ of holding the Inferior [no.682.] - " perior Courts in the/County of Gwinnett 1 . Courts of Oglethorpe County. The Supe- Be it enacted by the. Senate-and House of &epre$enta» {. $e it enacted by the Senate and House of Representatives Thejime in°GS?u.rtV^ of*1* State °fGeorgia> W General Assembly met,''and of'the State of Georgia, in General Assembly met, and it is oKieti„!J iiett- m~ it %s hereby enacted by, the authority of the same, That from hereby enacted by the authority of the same, That from and changed, 'an(j after the .passing1 of this act, the'Superior Courts of after the passage of .this act, 'the time of holding the Irife-changed, the county of Gwinnett shall be held on the firs]; Monday; rior Cprirts in Oglethorpe county, shall be on the fourth' , ' in April, and on the Tuesday aftei- the. first Monday in Oc- -Monday, in January, and on the fourth Monday in June, in • \ tober, in each year, until the said times of'holding the same, bach year -7 and that all declarations, writs, recognisances, aii paper,, ^hall be altered by la\y. , • • , -f ■ . precepts,arid processes returnable to either pf said terms ££cXe' ah writs, §2. Be it further enacted> That v all wrixts,'' precepts, as heretofore established, shall be made returnable to the considered returnable processes, and notices of any kind whatever'made, return-' terms as herein stated; arid sfialfbe held arid, deemed legal bietot™' to the said able pr applicable to the terms of said, court" as heretofore therefor ;,. and that all laws militating against this be,.and the • Courts,&c'appointed, shall be returnable and applicableMb the terms sameare hereby.repealed- IRBY HUDSON,f hereinbefore stated.' ■ . - Speaker of the House of Representatives. Repealing ^3. Be it further enacted^ That all'' laws '^militating, ' ,7 ' * , ' TJIOIVIAS STOCKS, clause. against this aot be, and the same arp hereby, repealed. c' *: , ' ' ' President of tpe^Senate. . ■ . ' x • . , IR^-Y- itUDSON;.Assentedtd, December 17th, 1828. •• t v ' ' Speaker of the House ,of Representatives/ ' ' ' 0 ' JOHN. FORSYTH, Goverhor. ^ ■ THOMAS STOCKS, ^ : .v' ' , ( - 'President of the Spnatp. AN'ACT1 to chdhge the Time of holding the Inferior [m.683.] Assented to, December 24th, 1827»\ ^ f s Court-in Monroe County. JOHN FORbyTH/GhvernoM Be itenactedby/the Senate and House of,Representatives,Thetmie , ^ • _ ~TT ?; • y J J of the Stale pf Georgia, in General Assembly met, and it is [no.680.] AN ACT to (mange the. Time of- holding the Inferior endcted by the authority of the same, That from- and inferior Courts in the County of Montgomeryi *, > aftef the firsCddy .of February next, the Inferior Court The infer Be it enacted by the Senate And House of Repfesenta-, said county shall be bbgun and held on the first Tuesday in in°Montgo- tivesof the State of Georgia,, in General, Assembly .piet,' Jply and January in - earih and ..every year ; • any law to the Repealing mery and it is hereby .enacted by the authority of the' same. That contrary notwithstanding. ' IRBY, HUDSON,- ;,aufe' changed. ^ passage Gf this act, the. timetof holdmg ' ■7. • , . Speaker of the,House of Representatives: ' • the Inferior Courts in saidcounty shall be on the; first, Mon- ,. . \ ! THOMAS' STOCKS,, day in Febrtfary and August in each, year ; any law to .the ,' ^ \ , ' ' '/' P^sideht of the.Senate, contrary potwithstanding, , -> 1 ^ '.o Assented to,(!DecemW 1828. ,v . - cierk to § 2. Arid be it further enacted; Thaf'if shall he the dutyof^^ . \ , JQHN" FORSYTH, Governor. - ' s,venouce. the 4jler^ of said court to advertise the'alteration at one. of • r ' ,, the most public places in each• captain's district in said' AN ACT to amend JLcP regulating, -iMlTime oftyoM.] v ; county. ' 'i " - r N . "/•. v.""/-"-" • '.'holding fb'Sfupdrkr -Ocmris -of tlie-'JSastemrl^strict, • Repealing ; § 3.- And be Ufurther endcted, That all laws and parfs of. . Wfcir as respects the Counties-; of Effinjgham ; and/ , ciause. laws militating againsit this act be, arid the-same are herebyChatham. • T ; , ; - 'i• repealed.. ' - ' ; Beitenacted by the Senate and House, of Representatives,;-rh^01ir1' . -i" 4 '' IRBY HUDSQN,Jofihd Stdtg'of7Georgia, in Gemral 'Assembly met, and ithamand .Speaker"of the House of Representativesj;' Jwreby enacted by the authority ,bf t the same, That from and ' * THOMAS , STOCKS, ; after the first1 Monday in. January riext, the. Fall terrix of the. changed / (Presidentof the Senate. SuperiorCourtof Efiinghamcounty shall be holden on the v Assented to, December 8th, 1828; .• .,■ ■■. , WeeonA Monday in Deceiriber thereafter, and that'»of thev • ' . f JOHN FORSYTH, Governor. eounty of Chatham on the first Monday in January'there- - . . \ .• . ■ r"'' -' * 1 . . v ' > - after ; any law to the^contrary notwithstanding. [no.681.] AN ACT to, change, the Timo of holding the, Inferior > ' v;"'N; ' 'f ' . /. v ! IRBY HUDSON, ' Court of Irwin County, so far asK relatesio, the Janu- - ' % Speaker of the House of Representatives.' ary Tqrin of safdAJourt. ' ' ,., 7 : THOMAS STOCKS, . The Janu- Be it enacted by 'the Senate 'and House -of , Representa- •• ' 1 ' •' < President of the Senate, the inferior tipes °f the State of Georgia, in General Assembly met, and\ Assented to, December 1 *T?r.t» aVrrTI f w°naitp.i^lx~ it is hereby enacted by the authority > of the same, Th&i from \ • JOHN FORSYTH, Governor. ^l1 * and, after the passing of this' act^tfiat the" Inferior. Court of ' ^ . /,7'7 v.'*t - r T dai i Irwin county shsi.ll-be .commenced rind'held on- the fourth ACT to alter and change the Time of holding the LN0, Monday in Japuary in^ each year, instead .of thei&st Mon- ' - Inferior Courts for theQounty of Columbia, ' . day in January.as heretofore any law to the contrary not- ^ . .Be it enactedby the Senate and House 'of Representatives ^eur^,s withstanding.' •!, ' ' ^ 1 of the State of Georgia, in. General Assembly met, and it court cierk to §2. And be it'furtherenactedj That it shall'be the duty is ^hereby enacted by the authority of the same, That fromchange' give notice, pf tj]e clerk of said court to advertise this alteration at one and after the first' day of February next, , the Inferior Courts r 'of the myst pUblib places in estch captain's district of said for the. county erf Columbia shall be holden annually there- county.. c •' * after-on the, third 'Monday in June and December. repealing . §3. And beit farther enactedyT^dX alllaws orpartspf . §2, And be it further ehacted, That all.laWs and parts, elausa Jaws' militating against this apt be, sind the same are Hereby pf laws militating against this act be,, and they are hereby. ' repealed. 7 . IRBY', HUDSONi;7 .repealed. - » IRBY HUDSON,1 1 .' Speaker of-the House 'of Representatives." . , " , Speaker of the House of Representatives. , THOMAS STOCKS, ; ' r , *: ■ THOMAS STOCKS, ^ - V, President .of the Senate/ President of the, Senate. Assented,to, December ^tb, 1828. * . , Assented to, December 8th, 1828. • ^JOHN FORSYTH,' Goyernor. , t' JOHN FORSYTH, Governor. ♦ TIMES OF HOLDING COURTS. 341 [no.686.] AN ACT to alter the Time of holding the Superior and Inferior Courts of the County of Baldwin. Baldwin Be it enacted hy the Senate and House of Rcpresenta- Sd"info. fivcs of the State of Georgia, in General Assembly met, and c£iSedltS ^ hereby enacted by the authority of the same, That the cianfee . gUperjor (jourt 0f the county of Baldwin shall hereafter be held on the third Mondays of February and August in each and every year. Courts1 § And be it further enacted by the authority aforesaid, our ' ' That the Inferior Courts of the said county shall hereafter be held on the third Mondays in.May and November in each and every year. . &c Ef' § ^e it farther enacted, That all declarations, writs, returnable, and other processes returnable to the ensuing January term • shall be made returnable to the February term, as altered by this act. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. [no.687.] AN ACT to change the Time of holding the Superior Courts in the Chattahoochee Circuit; and tofxthe Time of holding the Inferior Courts in the Counties of Ran- dolph and Campbell; and to provide for the organiza- tion of the Counties of Lee, Randolph, and Campbell. holding1 the ^ enacted by the Senate and House of Representa- superior tives of the State of Georgia, in General Assembly met, and fhTchatta- ^ 15 hereby enacted by the authority of the same, That the hoochee jime of holding the Superior Courts in the Chattahoochee changed. Circuit shall be as follows : in the county of Muscogee, on the first Monday in February and August; in the county of Randolph, on the first Monday in March and September; in the* county of Lee, on the Thursday thereafter; in the county of Marion, on the second Monday in March and Sep- tember; in the county of Talbot, on the Thursday there- after ; in the county of Harris, on the third Monday in March and September; in the county of Merriwether, on the Thursday thereafter; in the county of Troup, on the fourth Monday in March and September ; in the county of Coweta, on the first Monday in April, and on the Wednesday after the first Monday in October ; in DeKalb, on the second Mon- day in April and October; in Campbell, on the third Mon- !„ day in April and October; and in the county of Carroll, on ; the Thursday thereafter. .Theinfe- §,2. And be it further enacted by the authority aforesaid, in°Ran-urtS That the time of holding, the Inferior Courts in the county Campbell Randolph shall be on the first Monday in December and changed. June ; and in the county of Campbell, on the second Mon- day in June and December.. ah writs, § 3. And be it further enacted, That all writs, processes, ' returnable and recognisances returnable to any of the aforesaid courts, prescribed8 an(^ a^ persons summoned to appear at the same, shall be re- 1 fey this act. turnable to, or bound to appear at the same at the times spe- cified in this act, any Hw to the contrary notwithstanding ; and all cases transferred to any of the aforesaid counties shall stand for trial in the same manner as if they had not been so transferred. ' fir's^Mon'16 § 4* And be it further enacted by the authority aforesaid, t day in Feb- That on the first Monday in February next the persons who rSf reside in the counties of Randolph, Campbell, and Lee may r elected in meet together, and under the superintendence of three free- Campben,' holders elect so many justices of the Inferior Court as are i andLee- required by law, also a clerk of the Superior and Inferior i Courts, a sheriff, tax collector, receiver, coroner, and county surveyor. hokr8 °f § 5* And be it further enacted, That the place of holding elections in the election in the county of Randolph shall be at the house SdST of William Grantham ; and in the county of Campbell, at the nated. ° ' H h house of John F. Beavers *; and in the county of Lee, at the house of Benjamin Matthews.* § 6. AnfetheStlce" tices of the peace, giving at least fifteen days' notice ; and ^8teedt0be it shall be the duty of one of said justices to attend each of said elections, and certify the same to the Executive, who shall commission said officers according to law § 9, And be it further enacted, That it shall be the duty of Militia offi- the justices of the peace who may be elected in said districts, "id when after they ar^commissioned as aforesaid, to advertise in the elected, respective districts for the election of a captain and subal- tern officers, as required by the militia laws now in force ; and the said captains shall, as early as practicable, make out a complete roll of all persons liable to do militia duty/and return the same to the justices of the Inferior Court. § 10. And be it further enacted, That the said justices Fieiu of the Inferior Court shall in due time order an election for 0fficerB* field officers.; which said election shall be held and con- ducted in the manner prescribed by the militia laws now in * force. §11. And be it further enacted, That the justices of the Juries Inferior Court shall proceed to select grand and petit jurors how"*3"11 according to the lawrs now in force in this State. drawn. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1828. JOHN FORSYTH, Governor. AN ACT to alter and change'the Time of holding Land [no.688.] Courts in the several Counties in this State. Be it enacted by the Senate and House of Representatives Lard of the State of Georgia, in General Assembly met, and it is ^'"to be hereby enacted by the authority of the same, That from and held- after the passing of this act, land courts may be held in the several counties in this State on the first Tuesday in each month ; any law to the contrary notwithstanding. IRBY 'HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. AN ACT to change the Time of holding the Inferior [no.689.] Courts of Jones County. Be it enacted by the Senate and House of Representatives The time: of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and Court in after the passing of this act, the time of holding the Inferior changed Courts of said county shall be on the fourth Monday in Ja- &c.U nuary and July in each year; and that all writs, declarations, recognisances, precepts, and processes, returnable to either of said terms as heretofore established, shall be made return- 342 JUDICIARY. Repealing able to the next January tern® of said Court as specified above. , § 2. And be it further enacted, That all laws militating against this act be, and the same is hereby repealed. IRBY HUDSON, . Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. [NO.690.] The times of holding Courts altered and fixed in Gwinnett, Rabun, and Franklin. All persons, suitors, &c. required to attend. All writs, &C. made returnable as herein specified. Repealing clause. AN ACT to alter and fix the Time of holding the Supe- rior Courts in the Counties of Gwinnett, Rabun, and Franklin, of the Western Circuit. Be 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 after the passage of this act, the time of holding the Superior Courts in the counties of Gwinnett, Rabun, and Franklin^ shall be as follows: in the county of Gwinnett, the second Monday in March and Septembei; in the county of Rabun, Thursday after the" second Monday in April and October ; in the county of Franklin, the fourth Monday in April and October. § 2. And be it further enacted by the authority aforesaid, That all persons summoned, subpoened, or bound as suitors, witnesses, jurors, or in any other capacity, to attend said courts at the time which by the laws now in force are holden, shall be bound by virtue of said summons, subpoena, or any other process heretofore issued to attend said courts, as altered by this act. § 3. And be it further enacted by the authority aforesaid, That all writs, precepts, and processes of any kind Or nature whatsoever, shall be made returnable to the terms herein- before recited. • § 4. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. IR'BY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, v President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. county of Burke, on the fourth Monday in October; in the county of Jefferson, on the second Monday in November ; and in the county of Richmond, on the third Monday in November. § 2. And be it further enacted by the authority aforesaid, Ail pro. That all petitions, bills, subpoenas, and all processes what- soever, returnable to said courts at any other times than j1"r(Jna^le,0> those herein mentioned, be, and the same are made return- required"" able to the courts to be held according to this act; and all parties, jurors, witnesses, and other persons required to attend said courts, or any of them, are required to attend at the times hereinbefore stated.' § 3. And be it further enacted by the authority aforesaid, That nothing contained in this act shall be considered as ex- adjourned tending to, or in any way affecting the adjourned session of the Superior Court of the county of Rurke, which is to be* holden on the second Monday in January next. ; IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. [no.691.} AN ACT to alter the Time of holding the Superior Courts in the Middle Circuit. The times Be it enacted by the Senate and House of Representa- theSape- lines °f the State of Georgia, in General Assembly met, rior Courts and it is hereby enacted by the authority of the same; That ™e Circuit from and after the passing of this act, the time of holding the- altered. Superior Courts in the Middle Circuit shall be as follows : Spring cir- Spring Cirotjit.—In the county of Columbia, on the 6Uit; second Monday ih March •> in the county of Washington, on the fourth Monday in March; in the county of Montgomery* on the second Monday in April; in the county of Tattnall, on the Tuesday thereafter ; in the county of Emanuel, on the third Monday in April; in the county of Scriven, on the fourth Monday in April; in the county of Burke, on the- first Monday in May; in the county of Jefferson, on the third Monday in May ; and in the county of Richmond, on the fourth Monday in May. Fall Circuit.—In the county of Columbia, on the second Monday in September; in the county of Washington,, on the fourth Monday in September; in the county of Mont- gomery, on the Thursday after the first Monday in October; in the county of Tattnall, on the second Monday in October ; in the county of Emanuel, on the Thursday thereafter; in the countv of Scriven* on the third Mondhy in. October; in. the: Fall Cir- euit. AN ACT to alter and fix the Time of holding the Supe- rior and Inferior Courts in the Flint Circuit. Be 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 passage of this act, the Superior Courts of the several counties in the Flint Circuit shall be held at. the times following, to wit: in the county of Houston, on' the third Mondays in. April and October ; in the county of Crawford, on the third Mondays in February and August; in the county,of Upson, on the Mondays thereafter in Feh- ruary and August; in the county of Pike, On the first Mon- days in March and September ; in the. county pf Fayette, on the second Mondays in March and September; in the county of Henry, on the third Mondays in March and Sep- tember;. in the county of Newton, on the fourth Mondays in March and September; in the county of Butts, oh the first Mondays in April and October; in the county of Monroe, on the second Mondays in April and October; in the county of Bibb, on the third Mondays in January and July. § 2. And be it further enacted, That from and immediately after the passage of this act, the Inferior Courts in the dif- ferent counties in said circuit shall be held at the times fol- lowing, to witin the county of Houston, on the fourth Mondays in January and July ; in the county of Crawford, on the third Mondays in May and November; in the county of Upson, on the fourth Mondays in May and November; in the county of Pike, on the first Mondays in June and December; in the county of Fayette, on the second Mon- days in June and December; in the county of Henry, on thej third Mondays in June and December; in the county of Newton, on the fourth Mondays in June and December;. in the county of Butts, on the third Mondays in July and Ja- nuary ; in the county of Bibb, on the third Mondays in April and October. § 3. And be it further enacted, That all declarations, writs, recognisances, precepts, and processes returnable to said courts shall be, and the same is hereby made returnable at .the times hereinbefore specified. IRBY HUDSON, Speaker, of the House of Representatives. THOMAS STOCKS, President ©f the Senate. Assented to,, December 22d, 1828. JOHN. FORSYTH, Governor- [no.692.] Times of holding the Superior and Infe- rior Courts in the Flint Circuit ahj tered. Superior Courts. ' Inferior Courts- All pro* cesses, At. made re- tumable TIMES OF HOLDING COURTS. 243 Ino.693.] An ACT to alter and change the Time of holding the Superior and Inferior Courts of the County of Bald- win, and the Superior Courts of the County of Twiggs. Baldwin Be it enacted by the Senate and House of Representatives Courts' of the State of Georgia, in General Assembly met, and it is changed, hereby enacted by the authority of the same, That the Superior CounT* Court of the county of Baldwin shall hereafter be held on the fourth Monday in February and August in each and every year, inferior § 2. And be it further enacted by the authority aforesaid, Court. That the Inferior Courts of said county shall hereafter be held on the fourth Mondays in May and November in each and every year. Superior § 3. And be it further enacted by the authority aforesaid, Twiggs™ That the Superior Court in the county of Twiggs shall be changed, held on the first Mondays in March and September in each and every year. cesses°~&c § ^ furiher enacted by the authority aforesaid, made're- ' That all declarations, writs, and other processes returnable said™5'™ l° to terms as heretofore held, shall be made returnable to Courts. the terms respectively as authorized by this act. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. tno.694.] AN ACT to alter the Time0of holding the Superior Courts in the Counties of Franklin and Rabun, of the Western Circuit. The time Be it enacted by the Senate and House of Representatives the Sup^ of the State of Georgia, in General Assembly met, and it is i^Frank^ hereby enacted by the authority of the same, That from and iin and Ra- after the passage of this aet, the time of holding the Superior tiesahered" Courts in the counties of Franklin and Rabun shall be as follows : in the county of Franklin, the second Monday in April and October; in the county of Rabun, the fourth Monday in April and October. ah persons, § 2. And be itfurther enacted by the authority aforesaid, require'd^to That all persons summoned, subpcened, or bound as suitors, thetime1 w'tnesses» jurors, or in any other capacity to attend said specified, courts at the time which by the laws now in forfce are holden, shall be bound by virtue of said summons, subpoena, or other process heretofore issued to attend said courts as altered by this act. ah writs, §3. And be it further enacted by the authority aforesaid, returnable That all writs, precepts, and processes, of any kind or nature to the times whatsoever shall be made returnable to the terms heretofore herein re- . * , cited. recited. Repealing § 4. And be it further enacted by the authority aforesaid, clause. That ajj jawg mjiitating against this act be, and the same is hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. [no.695.] AN ACT to change the Time of holding the Inferior Court of Talbot County. ofhoidlif ^ enac^ed hy the Senate and House of Representa- the inferior t'wes of the State of Georgia, in General Assembly met, and Talbot™ ^ hereby enacted by the authority of the same, That in changed, future the time of holding the Inferior Court in the county of Talbot shall be on the fourth Monday in July and Ja- nuary; any law to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE-R-GILMER, Governor. H h 2 AN ACT to alter the Time of holding the Superior Court [no.696.] infhe County of Dooly. Be it enacted by the Senate and House of Representatives The time of of the State of Georgia, in General Assembly met, and it is superwith* hereby enacted by the authority of the same, That from and £ourt in immediately after the passage of this act, the Superior Court changed, in and for the county of Dooley shall 'be held on the first Monday after the fourth Monday in May and November. § 2. And be it further enacted, That all writs and pro-ah writs, cesses shall be, and they are hereby declared to be return- returnable able to the terms of said court, the same as if the sitting {°mse*idhere- thereof had not been changed ; any law to the contrary testified, notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 19th, 1829. GEORGE R. GILMER, Governor. AN ACT to alter and change the Time of holding the [no.697.] Superior Court of Butts County, so far as respects the October Term of said Court. Be it enacted by the Senate and House of Representatives The time of the State of Georgia, in General Assembly met, and it is "hAnfe'rior hereby enacted by the authority of the same, That from and Courts in after the passage of this act, the time of holding the Superior changed. Court of Butts county shall be held ^on the fourth Monday in October in each year, in the place of the first Monday as heretofore. § 2. And be it further enacted, That all writs, processes, ah writs^ and recognisances made returnable the first Monday shall returnable be returnable to the fourth Monday in October j any law to ^id the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. . THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. . GEORGE R. GILMER, Governor. AN ACT to alter and'change the Time of holding the [no.698.] Superior Courts in the Chattahoochee Circuit. Be it enacted by the Senate and House of Representa- Times of fives of the State of Georgia, in General Assembly met, and s^^or116 it is hereby enacted by the authority of the same, That the Courtsof^ time of holding the Superior Courts in the Chattahoochee hoochee Circuit shall be as follows : in the county of Muscogee,, on the second Monday in February and August; Randolph, on the Wednesday after the third Monday in February and August; Lee, on the fourth Monday in February and August; Marion, the Thursday thereafter; Talbot, on the first Monday in March and September; Harris, on the second Monday in March and September; Merriwether, on the third Monday in March and September ; Troup, pn the fourth Monday in March and September; Coweta, on the first Monday in April, and Wednesday after the first Monday in October ; De Kalb, on the second Monday in April and October: Campbell, on the third Monday in April and Oc- tober; Carroll, on the fourth Monday in April and October. § 2. And be it further enacted, That all writs, processes, ah writs, and recognisances returnable to any of the aforesaid courts, returnable and all persons summoned to appear at the same, shall be thereto, returnable to, or be bound to appear at the same at the times specified in this act; any law to the contrary notwith standing. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. [ 244 ] JURISDICTION. [n0.699.j AN ACT to cede to theUnited States of America the Inte- AN ACT to cede to the United States Jurisdiction [no.700.] rest of the State in,and its Jurisdiction to, certain Sites on over Marsh Island, for the purpose of erecting Bea- the Savannah River,whereon Beacons have beenerected. cons., dicfionlnd Be it enacted by the Senate and House of Representatives , • tnie of the of the State of . theUnited White Oyster Bank, likewise opposite the same, on Doboy Island, for the purpose of erecting a beacon,.or other States. Long Island, and on Elba Island, in the Savannah river, and purposes. * likewise the jurisdiction to and oyer the same, be, and the . DAYID WITT, \ same are hereby ceded to and vested in the said United Speaker of the House of Representatives. States of America. DAYID WITT, MATTHEW TALBOT, Speaker of the House of Representatives. President of the Senate. MATTHEW TALBOT, Assented to, May 16th, 1821. President of the Senate. JOHN CLARK, Governor. Assented to, December 22d, 1820. JOHN CLARK, Governor. . < LANDS.—1820. [no.701.] AN ACT to authorize certain Commissioners to sell who shall, before they enter oh the' duties required of them commi»- and dispose of the fractional parts of Surveys not by this act, give bond with two or more sufficient securities g'wetond drawn or authorized to be drawn for in the present to his excellency the Governor for the time being,"or his sue- ™^cut'he Land Lottery, lying in the Counties of Appling, Irwin, cessor in office, in the sum of twenty thousand dollars, for Early, Telfair, Walton, Gwinnett, Hall, Habersham, the dae and faithful performance of the duties imposed on 6f ®3o,ooa . andRabun; and to rent out the Lots number ten and by this act; which bond shall betaken by-his excel- one hundred, heretofore set apart as a Fund for Free lency the Governor, or by any two justices of the Inferior Schools Court of the county where such commissioner may reside, and by them transnlitted to the Executive department, and ^Walton ~^e ^ enacted by the Senate and House of Representatives shall moreover take and subscribe the following.oath ; viz. Shaiitake Gwinnett,' of the State of Georgia, in General Assembly met, and it is " I do solemnly swear, or affirm (as the case may be), that Theoath. Dereham/ hereby enacted by. the authority of the same, That all the I will faithfully discharge .the duties .imposed onme-bythis and Rabun fractional parts of surveys not drawn or authorized to be act, and that I will make due returns of all moneys, bonds, or by three°ld drawn for in the present land lottery, lying in the counties of securities to the treasurer of this State, .which may come sionersto Walton, Gwinnett, Hall, Habersham, and Rabun, shall be into my hailds as commissioner aforesaid; so help me God:" be elected sold by three commissioners, to be hereafter elected by which oath shall betaken before his excellency the Gover-Before gfsiatureat j°*int ballot of both branches of the General Assembly, at nor, or any two justices of the Inferior Court, and endorsed Jefferson, Jefferson, in the county of Jackson, on the first Monday in on the aforesaid bond. county! August next; which sales shall continue-from day to day §4. And be it further enacted, That the highest bidder The pu^ ®aj.eo3i^hen (Sundays excepted), between the hours of ten o'clock in the for any of the fractions authorized to be sold by this act aSyfrac- mence, and morning and three o'clock in the evening of each and every shall be the purchaser, whose duty it shall be, immediately^"^ of sale!"3 da7i unt^ tfie wbole shall be disposed of. 1 on such purchase being made, to deposite in the hands of the incash,and Thefrac- § 2. And be it further enacted, That all the fractional commissioners one-fourth part of the amount of such pur- |'nTde^ca- Appling, parts of surveys not drawn or authorized to be drawn for chase, and give ,bond and sufficient security, made payable Early' and the present land lottery, lying iri the counties of Ap- to his excellency the Governor .for the time being, and hi3 [nthreein- Telfair to pling, Irwin, Early, and Telfair, shall be sold by three com- successor in office, for the remaining three-fourths, to bestalments> threecorn! missioners, to be elected by joint ballot of both branches of paid in three equal annual instalments; which payments mis^ioners the General Assembly, at Hartford, in the cbiinty of Pulaski, shall be' made in gold or silver, or in such bank bills as may fbrd,apu- on the first Monday in October, eighteen hundred and be receivable at the treasury of this State at the time the ]t*skiCoun- twenty-one, and continue from day to day (Sundays ex- said instalments may become due ; which moneys and bonds, Sales when between the hours of ten o'clock in the morning when so received by the commissioners aforesaid, shall be tojieiiip-- yclock'in the evening of each and everyday, by them deposited in the office of the treasurer of this State, \ole are disposed of. within twenty days after the time the sales are completed ; (be it further enacted, That the three commis- and should any person become a purchaser of any fraction Provision^ jmted as aforesaid to sell the said fractional parts or fractions, and shall fail or neglect to comply with the p"rd?aser in the counties of Walton, Gwinnett, Hall, conditions of this act, shall, for such neglect or failure, for- Vnd Rabun, and the commissioners appointed feit the privilege of bidding for any fraction during the con- witif to sell the fractional parts of surveys in the tinuahce of said sale ; and the commissioners are hereby re-bld" Ipling, Ifwin, Early, and Telfair, or a majority quired to reject the bid of any person or persons so failing \ be sufficient to carry this act into effect; or neglecting, for any fraction afterward offered for sale lands.—1820, 245 daring the continuance of said sale ; and such fraction shall . be offered for sale by the commissioners the succeeding day, as though such fraction or fractions had never been sold. Grants for §5. And be it further enacted, That it shall be the duty Kade"10 of his excellency the Governor to cause grants to be made bimkf2a ou' for a11 the fractional Parts>of surveys authorized to be the name sold by this act, leaving a blank for the name of the person chaser, and to whom the Same may iSS.Ue.; wbich grants sflall be placed piaced'in in the hands of the commissioners appointed to dispose of oftheCom- the fractions as aforesaid, and by them filled up, and de- missiouers. livered to the purchaser or the purchasers depositing the moneys and bonds, with securities, as is required in the pre- ceding section ; and it shall be the duty of the surveyor ge- neral and secretary of state to insert the name of each pur- chaser in the record of such plat and grant remaining in their offices; and it shall be the duty of the commissioners to lay a correct statement of their proceedings under this act before the next Legislature immediately succeeding such Proviso, sale ; Provided, nevertheless, that the said grants shall con-' tain 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 liens whatever, whether by judgments existing before or entered after the date of such grant; but the land shall not be sold to satisfy the first instalment which may become due on the bond, provided there is any other property of the purchaser or his securities to be found, out of which may be made the amount of said instalments. a pur- § 6. And be it further enacted, That if the purchaser ?ngSto 'pay of any of the fractions authorized to be sold by this act, ment'when fail or. neglect within three months after the same the same may become due to pay the first, second, or third instal- duMhe nients, it shall be the duty of the treasurer to issue an exe- Treasurer, cution for the amount of the debt and interest that may then execution" be due, directed' to the sheriff where the purchaser or his directed"to securilies may reside* "which shall be levied on their goods the Sheriff and chattels, lands and tenements ; and all the property of purchaser which the purchaser was possessed at the time of giving or his secu-guch bond shall be bound, and all the property of which side.5 re" such securities shall be possessed, at the time such execution shall issue, shall be bound.for the.whole of the purchase- money which may then or thereafter become due. And the moneys so collected by the sheriff, except the cost, shall be paid into the treasury within three months after the execution shall have issued ; but if the moneys shall not be collected as aforesaid, then the execution shall be by the sheriff returned to the treasurer within the time above ex- in case of pressed ; but should the sheriff refuse or neglect to return tiTe'she"ff ^ie money or execution as aforesaid, it shall be the duty of an'execu-' the treasurer to issue an execution against the sheriff and against him his securities, for the amount of said execution or executions the"coro l° *ntC) ^"1S ^an(*s' Erected to t'3e eoroner of the county in iw?r. 0r°~ which such sheriff or his securities reside, whose duty it shall be to levy, collect, and return the same within three months thereafter. The ordnr § 7. And be it farther enacted, That it shall be the thefrac-1 *"'ie commissi°ners appointed as aforesaid to sell tionsin the fractions in the .counties of Walton, Gwinnett, Hall, fccfare to Habersham, and Rabun, to commence by offering the lowest hjsoid. numbered fraction in the lowest numbered district in the county of Walton, progressing in numerical order until the whole of the fractions in said district is offered for sale ; then by offering the lowest numbered fraction in the next lowest numbered district in said county, and progressing in the same numerical order until the whole are disposed of in said county, continuing and observing the same progression throughout the different counties in the order in which they Cnramis- stand in the aforegoing part of this section : and the com- sionprs to missioners aforesaid shall receive as a compensation for earhper their services four dollars each per day, for each and every tifeir'sor- day tbey may be employed on the duties required of them vices. by this act § 8. And be it further enacted, That the commissioners order im appointed as aforesaid to sell the fractions in the counties of ifracttong in Appling, Irwin, Telfair, and Early, to commence by offer- £Ppanr|'t0 ing for sale the lowest numbered fraction in the lowest num- be sold. bered district in the county of Appling, progressing in nu- merical order, until the whole of the fractions in said district are sold or offered for sale ; then by offering the lowest num- bered fraction in the next lowest numbered district in said county, and to progress in the same numerical order until the whole are disposed of in said county ; continuing and ob- serving the same progression throughout the different coun- ties, in the order in which they stand in the preceding part of this section : and the commissioners aforesaid shall re- Compensa- ceive as a compensation for their services four dollars each commis-he per day, for each and every day they may be employed in the ?i0"e/st(\ j a' i i i jt • a ke $4 each duties required of them by this act. per day. § 9. And be.it further enacted, That it shall be the duty surveyor of the surveyor general, and he is hereby required to make mlke'out0 out a list and connected map of the fractions authorized to ","ed£"™ish be sold by this act, lying in the counties of Walton, Gwin- missioners, nett, Hall, Habersham, and Rabun, and the numbers of the ttlltydays lots adjoining, in the order prescribed in the seventh section a list or of this act, and to deliver a copy of the same to the com- mapo'f tha missioners appointed to sell the fractions in said counties, [rea^ns t0 on their application at any time within thirty days previous under this to the commencement of the said sales ; and to make out a act* list and connected map of the fractions authorized to be sold by this act in the counties of Appling, Irwin, Telfair, and Early,iand the numbers of the lots adjoining, in the order prescribed in the eighth section of this act, and to de- liver a .copy of the same to the commissioners appointed to sell the fractions in the said counties, on their application at any time within thirty days previous to the commencement of said sales. § 10. And be it further enacted, That the surveyor ge-Fees of the neral and secretary of state shall receive the same fees for ®f smte7 making out and signing the grants for the fractions au- a"d Sur- thorized to be sold by this act, as they are by law entitled to neral on' on grants for lands drawn in the present land lottery, which frra"t£„°r shall be paid out of any moneys in the treasury not other- wise appropriated. §11. And be it further enacted, That nothing in this act Fractions shall be so construed as to authorize the commissioners to uneFandda sell the fractions bounded by the Florida line, or to author- jgg ™ta£d ize the sale of lots numbers ten and one hundred in each be sold, district, should either of said lots be a fractional survey; but said lots shall remain reserved for the purposes hereto- fore contemplated by law. § 12. And be it further enacted, That it shall be the duty The infe- of "the justices of the Inferior Courts of the counties of ™fent out Early, Irwin, Appling, Hall, Habersham, Gwinnett, Walton, Rabun, and Telfair to rent out the numbers ten and one and take hundred in their respective counties to the highest bidder, f^e®adere" for the ensuing year, 1821, at the court-house in each transmit county, after giving twenty days' notice in one of the news- Governor!6 papers at Milledgeville, and at three or more public places in the county where the lots may lie; and the person or persons renting shall give notes with security approved of by the said courts ; and that it be the duty of the .said courts to transmit said notes to the treasury within sixty days from the time of taking the same. § 13. And be it further enacted, That the notes so taken Notes shall be made payable on the twenty-fifth of December, "huidue- 1821, to his excellency the Governor, and his successors in office; and the said Inferior Court shall for their ser- Said Court vices be entitled to ten per cent, on the amount of notes lopercen so taken, to be paid by his excellency the Governor when ™^entof the same may be collected. notes for § 14. And be it further enacted, That the persons resid- ^rsser~ ing on Or cultivating, or that may reside on or cultivate, in Persons re- the year 1821, the fractions authorized to be sold in the cultivating 245 LANDS—1821. any frac- tions, se- ' counties of Walton, Gwinnett, Hall, Habersham, and Ra- perty, or the Sales thereof, and for forfeited land, and all lands, or«. |q k a J iL Ji! _ * a i* v ■ • _ . « m • . - ' . t . « . i CI16BL Hlfi Ho joy- menu theeniov- and those fractions in Appling, Jrwnv Early, and Tel- such funds as may accrue to the State under the several a^idto"18 njoy, r • 1_ 11 1_ • 1 rr, b' ^ " 4llJ *J 7 outll luuuo IIIUJ wvotuw vv ~ » AUHU n there- 4air> shall have quiet and undisturbed possession of the escheat laws thereof, provided such escheated property {^""°uL®e Sig thePpur- same' an(* ^ave use and'cultivation thereof, and has not heretofore been set apart to other special purposes and ad- ' chaser °ne- they are hereby secured in their crops which they may raise by law, be, and the same is hereby set apart as a fund for ofcouwy1 nlocrop. thereon the ensuing year 1821, from the claim or claiips the promotion of literature, and the advancement of the Acad* of any person or persons .who may purchase, provided the county academies in the manner heretofore pointed out. nue>' cultivator of such fraction or fractions shall pay to the pur- § 2. And beitfurther enacted, That the fund herein con- said fund chaser, his agent, or assigns, the one-fourth part of the templated and set apart for literary purposes, shall be dis- whole crop of corn, cotton, and tobacco which may have tributed among the several county academies in this State, among ok been raised on such fraction or fractions in the said year in such proportions as appears to be still due as contem- coumy 1821- plated by the act of 1792. £cad* vatowof' And be it further enacted, That the residents on or § 3. And be it further enacted, That whatever sum may Sums re- the fr»c- cultivators of the said fractions shall be held and consi- hereafter be received by any county academy from the fund aSS* deredCtheS' ^ere(^, tenants of the purchaser or purchasers, and contemplated in this act, shall be considered ujion the same tenants of shall be subject to pay the rent prescribed in the preceding footing as if the same had have been received out of the the^me00 «haser.r" section, and to give possession agreeably to the laws here- fund contemplated by the act of 1792. ulldenh? . tofore made and provided for the collection of rents ; and the § 4. And be it further enacted by the authority aforesaid, Actofi792. leases or tenancies shall expire on the twenty-fifth of De- That whenever there is but ,one academy incorporated in ^ered'X cember, 1821, so far as respects the possession and occu- any county, that shall be considered the county academy, bounty pancy of said lands, but the rent shall be considered duq and.entitled to the benefits contemplated by this act; and ° my' and subject to collection on and after the first day of Octo- when there shall be more than one academy in a county, ber, 1821. . ■ and neither shall have been designated as the county acade- mayCpayerS § l8- And beit further enacted, 'that any purchaser of a my, that which shall be situated at or nearest to the court- the whole fraction or fractions which may be sold in pursuance of house shall be considered as the county academy, ehasfr-ino-" ^ act> have the privilege of paying the whole of the . DAVID WITT, ney, if they purchase-money at the time of making the purchase ;, and, Speaker of the House of Representatives, todofkna on so doing, shall be entitled to a deduction of eight per MATTHEW TALBOT, foterestde- cent" Pec anntlin' on the amount of the purchase money v . - President of the Senate, ducted. that is not required to be promptly paid. Assented to, December 21st, 1820. DAVID WITT, JOHN CLARK, Governor. Speaker of the House of Representatives. v ■ MATTHEW-TALBOT, axTA™*, ^ \ ;.4., , , T ,, , ' President of the Senate.- ™ ACT* to dispose of and distribute the Lands lately [no.704.] Assented to," December 22d, 1820. ' acquired by the United States for the use of Georgia, JOHN CLARK, Governor. of the Creeknation of Indians, bya Treaty made and concluded at the Indian Springs, on the eighth day of {no.702.] AN ACT to amend an Act passed the 19th December, January,eighteen hundred and twenty-one; and to add 1818, to limit the time for persons to take out their the reserve at Fort Hawkins to the county of Jones. ' Grants in this State, so far as to Land surveyed on § l. Be it enacted by the Senate and House of Repre- said tern- Head Rights and Bounty Warrants. sentatives of the State of Georgia, in General Assembly Beit enacted by the Senate and House of Representatives met, and it is hereby enacted by the authority of the same, five Coun- of the State of Georgia, in General Assembly met, That That the territory acquired of the Creek nation of Indians ue* whereas the before-recited act compelled persons, who by the United States for the use of .Georgia, as described had surveyed land on head rights and bounty warrants, to in articles of a treaty entered into and concluded between take out their grants within the term of two years from the commissioners on the part , of the United States and the passing of the same ; chiefs, headmen, and warriors of the Creek nation of Indians, Time ex- §2. Be it further enacted, That it shall be lawful for at the Indian Spring, on the eighth day of January, eighteen one^ear!* persons who have failed to comply with the above-recited hundred and twenty-one, shall form and be divided into five . act, to be allowed the term of dne year from and after the counties as follows, to wit: \ ~ passing of this act, any law to the contrary notwithstand- All that part of said territory, which lies south of a line Doo'y ^ ing. commencing on the Ocmulgee river, opposite the town of fin^n.ly * DAVID ADAMS, Hartford, and running due west to the Flint river, shall form Speaker of the House of Representatives, one county to be called Dooly. MATTHEW TALBOT, All that part of said territory lying between a line com- President of the Senate, mencing on the Ocmujgee river, opposite Fort Hawkins, gS Assented to, December 13th, 1820. and running due west to Flint river, and the line first ' JOHN CLARK, Governor, above-described shall form one other county, to be called Houston. ' fno.703.] AN ACT to amend an Act, entitled An Act to point out _ All that part of said territory lying between the last-men- Monroe^ • the mode under which Property reverting to this State tioned line and a line commencing at the seven islands on fined. shall be disposed of, and for the promotion of Litera- the Ocmulgee river, and running due west forty miles, ' ture, and for the encouragement of the County Aca- thence'due south to the Flint river, shall form one other j • county, to be called Monroe. demies. AH t{lat part of gajd terr-t vrhich lies west of the last- JJJJ?de. Funds Be it enacted by the Senate and House of Representatives mentioned line, and a line commencing at the corner of fined/ of the suae of Georgia,in General Assembly wet, and U u Monroe c0llnty a9 above described, and running north to possession hereby enacted by the authority of the same, lbat all such ^ Chattahoochee, shall form one other county, to be called state on funds as now are, or hereafter may come into the posses- Fayette< confiscated gjon of thig State> or that now are, or may hereafter become Forfeited' due to the same on account of confiscated or reverted pro- * See Act No. 706, amendatory of this Aot. LANDS—1821. 247 Henry All that part of said territory which lies east of the last- neral, and certified and signed on every page by the surveyor thesurvey fineTy de* mentioned line, running from the corner of Monroe county - • to the Chattahoochee, shall form one other county, to be called Henry returning the same, shall be deposited'in the surveyor gene- orGene- Ueldto be" § And be it further enacted by the authority aforesaid, laid off That each of the counties hereinbefore laid out and de- trtoBof" scribed shall be divided into districts of nine miles square, e'uare'and as near as Practicable, the district lines running parallel to tSlediairicts the lines dividing counties and crossed by other lines at right squares of angles ; and said districts so laid out shall be again subdi- two hun- vided, by lines to be run in like directions, into square tracts, two and a containing each two hundred two and a half acres, marked «achaCreS an(* numbered according to the plan heretofore pursued under the instructions of the surveyor general. reserved8 § ^e it farther enacted, Ttyt the fractional parts for public of surveys which may be created by the divisions and subdi- use' visions aforesaid shall be reserved fof public uses, to be dis- posed of as a future Legislature may direct. Surveyors § And be it further enacted, That a number of sur- as districts veyors equal to the number' of districts shall be appointed pohuedby by joint ballot of the Legislature, in one general ticket ; the Legis- and the person having the highest number of votes shall be Tbeperson entitled to the first choice of districts, and in the same order hHieftthe aSr-eeably to the number of votes each surveyor may re- number of ceive; and in case of a tie between any number of sur- tied Sto"the vey°rs> lbeir preference in choice shall be decided by lot, in of district* Presence tbe surveyor general. and1 so* onl § 5. And be it further enacted, That ten persons shall be sons uf'be aPP°^nted by joint ballot of the Legislature, neither of whom appointed shall be a district surveyor, to run and plainly mark the markthend several districts and county lines hereinbefore directed, Count1 and wbose duties shall be apportioned by the surveyor general, lines" y as nearly equal as practicable ; and that no ticket shall be tickets counted unless it contains the names of ten persons, shall not be § 6. And be it further enacted, That no ticket for dis- No"kket trict surveyors shall be counted, unless it contains as many Surveyors names as there are districts. Any person elected a sur- tobecount- veyor, who Shall fail to perform the- duties of his office as the""1b^as required by the provisions of this act, shall be considered as many forfeiting his bond, and himself and his securities imme- districts.3 diately liable therefor. biendoSbea" § ^ And be it further enacted, That the surveyors re- forfeited, spectively shall give bond in the sum of ten thousand dollars foUgive°rS to tbe Governor and his successors in office, with such secu- sunf ofthe as or a majority °f the justices of the Inferior Court $10,000. of the county in which such surveyor may reside shall ap- prove, conditioned for the faithful performance of the duties required of them by this act; which bond shall be deposited in the executive office,. f0amakers § 8. And be it further enacted, That it shall be the duty pie surveys of the surveyors appointed in pursuance of this act to make oJvnhproper the surveys of the counties and districts to which they may iDnvto aPP°*ntedtheir own proper persons ; to mark or cause mark the to be marked plainly and distinctly upon trees, if practicable, hues. otherwise on posts, all corners and stations, and all lines which they may be required to run, for the purpose of mak- ing the surveys of their respective, counties and districts, immediately upon being required so to do by the surveyor of a^chain £enera'' cause a^ sucb bnes to be measured with all pos- to be used, sible exactness with a half-chain containing thirty-three feet, divided into fifty equal links, which shall be adjusted by the surveyor general according to the standard in his office ; to meanders tabe>as accurately as possible, the meanders of all water accurately, courses which shall form natural boundaries to any of the fieidriumka surveys j to note in field-books, to be kept by them respect- what to ' ively, the names of the corners and station-trees, which shall note there- ^ marke(j an(j numbered under the direction of the sur- veyor general; also all rivers, creeks, and other water courses, which may be touched upon or crossed in running ulereof'tof any lines aforesaid ; transcripts of which field-books, belied as after being compared with the-originals by the surveyorge- i - » , . tal's office. ral s office, and become a record ; and the district surveyors shall make a return of their surveys and works within ninety withfnC days from the time they are notified to enter upon the dis- charge of their duties, containing a map of their district, To return a in which shall be correctly represented and numbered all their dis- lots and fractions of said district, and waters therein de- trict- lineated, as the surveyor general may direct; and also Also de- return at the same time a detached plat of each lot and phitsof fraction which each district may contain, certified andeachlot s signed by such surveyor, which plat shall be filed among the records of the surveyor general's office, and from which copies shall be taken to be annexed to grants : and said sur- ^ veyors shall conform to such instructions as they may re- insmic- 6 ceive from time to time from the surveyor general during surveyor'6 their continuance in office, provided the same do not General, militate against this act; and the surveyors appointed to surveyors lay out county and district lines shall make return of their of?Tfy.. J ! t J /•! ana d|stncf works to the surveyor general within sixty days alter the lines to passage of this act. ' Sswfth § 9. And be it further enacted, That the district sur- in sixty veyors to be appointed by this act shall receive two dollars com'pensa- and fifty cents for every mile that shall actually be run or |j?"t gfu£!s~ surveyed, as a full compensation for the duties required of wyorg- them by this act, out of which they shall defray the whole of the expenses incident to their offices ; and his excellency the Governor is hereby authorized and required to issue his warrant on the treasury in favour of each of the aforesaid" surveyors, upon his being called into service, to the amount of three hundred dollars, to enable him with the less delay to enter upon his duties ; and the balance to which such sur- veyor may be entitled shall be paid to him in like manner upon his producing a certificate from the surveyor general, setting forth a performance of the work, and the amount due. § 10. And be it further enacted, That the surveyors who Compensa- may be appointed to run county and district lines, shall re- surveyors ceive three dollars and a half for.each mile they may run ^eCounty and survey, as a full compensation for their service, out of and district which all incidental expenses shall be paid ; and the Go- hnes" vernor is required to issue his warrant on the treasurer in favour of each of said surveyors, for the sum of three hundred dollars upon their being called into service, and in> like manner to pay any balance which may be due when- the work is completed and the surveyor general shall certify the same. § 11. And be it further enacted, That the territory ac-Theterri- quired as aforesaid, shall be disposed of and distributed in debuted the following manne.-, to wit: after the surveying is com- by lottery., pleted and returns made thereof, his excellency the Governor shall cause tickets to be made out, whereby all the numbers- of lots in the different districts intended to be drawn for shall be represented, which tickets shall be put into a wheel' and constitute prizes. The following shall be the descrip- Who en- tion and qualification of persons entitled to give in their ^aws? names for a draw or draws under this act: every male white person of eighteen years of age and upwards, being a citizen of the United States at least three years, and an in- habitant of this State three years immediately preceding the passage of this act, including such as have been absent on lawful business, shall be entitled to one draw ; every male person of like description, having a wife or legitimate- male child or children under the age of .eighteen years, or unmarried female child or children, shall have two draws ; all widows, with like residence, shall be entitled to one draw ; all families of orphans, resident as aforesaid, under the age of twenty-one years, except such as may be entitled in their own right to a draw or draws, whose father is dead, shall have one draw ; all families of orphans consisting of more than two,, who have neither father nor mother living, 248 LANDS.—1821. shall have two draws; but if not exceeding two, then such or any justice pf the peace, is hereby required to administer; Said per- orphan or orphans shall be entitled to one draw, to be given and the person or persons taking in names as aforesaid shall admirer in in the county and district where the eldest of said orphans administer to all applicants for draws, other than widows, Proviso, resides, or where the guardian of the eldest resides.; Pro- guardians, or next friends of orphans, the following oath, canu^r vided, that should such guardian of such orphan, orphans, to wit: " I do solemnly swear (or affirm) that I have been 53^ or the eldest of such orphans reside within- the newly-ac- three years a citizen of the United States, and have resided quired territory contemplated by this act, then such draw or in this State three years immediately preceding the passage draws shall be given in in the nearest adjoining county of this act, except absent on lawful business, and am now within the organized limits of this State to that in which an inhabitant of the same ; that I was eighteen years of age such guardian may reside, or such orphan or orphans, or at the time of the passing of this act; that I have (or have the eldest of such orphans may reside ; all widows, of like not) a wife and child,,or children ; that I have not given in residence, whose husbands were killed or died in the ser- my name for any drawlor draws in the present contemplated vice of the country in the late wars against Great Britain land lottery in any other part of the State ; .that I have not or the Indians, shall be entitled to a draw exclusive of that drawn a tract of land in the former lotteries in my individual otherwise allowed by this act to widows ; all orphans, whose capacity, or as an individual orphan ; and that 1 did not di- fathers were killed or died in the service of the country in rectly or indirectly evade the service of this State, or 'of the the late wars against Great Britain or the Indiaqs, shall be United States, in the late wars' against Great Britain or the entitled to a draw exclusive of that otherwise allowed by Indians:" and all those who reside in the newly acquired The oath Proviso. this act to orphans ; Provided, that nothing herein contained territory, and who in contemplation of this act is entitled to' emrned'"* shall be so construed as to entitle any person orpersons'to a a draw or draws, shall take the following oath, in addition to 1*b{Jer™rie draw or draws in the present contemplated land lottery, the one last mentioned That I have paid all taxes re-iy acquired who may have been fortunate drawers in any previous land quired of me; that I have not withdrawn myself from the llirnu"y- Proviso, lottery ; Provided, that the citizens of this State who come organized limits of'this State for the purpose of evading the , under this act as above contemplated, and who volunteered laws; nor have I absconded for debtand all guardians, or Oathor or were legally drafted in the late war against Great Britain next friends of orphans, or children of convicts in the Peni- o"nert"" or the Indians, and refused to serve a tour of duty either in tentiary, shall take .the following oath: "And that the or" person or by substitute, or who may have deserted from the phan^or family of orphans, Or the child, or children, whom children'«r service of this State or of the United States, shall not be I now return, is (or are) entitled to a draw or draws undercoimct8 entitled to the provisions of this act as above contemplated, this act, to the best of my knowledge ; so help me Gqd." nor any of those who illegally avoided a draft by removal or The following oath shall be administered to all widows : " I oathif otherwise ; and that no person or persons who have removed do solemnly swear (or affirm) I am a widow; that I have re- Wl 0W8' from the organized limits of this State-for the purpose of sided the three last years id this State, except absenbon avoiding the laws of this State, or who have absconded for lawful business, and am now resident in this district; that . debt, shall in nowise be benefited by this act, and who I have not put in my name.for a draw in the present lottery have not paid all taxes required of them. In case any land in any other part of the State ; and that I have not drawn land is drawn by minors, the grant shall issue accordingly, upon in the former lotteries, to the best of my knowledge and be- payment of the usual fees. lief; so help me God." That all idiots and lunatics entitled No convict §12. And be it further enacted, That nothing herein con- to a draw or draws by this act shall be given in for by their diansof tenUaiyTn" tained shall be so construed as to allow any convict in the respective parents or guardians,' who shall take the follow- ldl0tsr often as necessary, giving ten days* notice of such attend- § 15. And be it further enacted, That if any person enidrr®^ ance, for the purpose of taking in the names of persons en- titled by this act,to a draw or draws, should by absence orineaaeof titled to draws ; the names of persons entitled shall be en- other unavoidable cause fail to give in his name within the tered by the receivers in a book to be kept for that purpose ; time herein prescribed, it shall and may be lawful for such a transcript of which book fairly made out shall be trans- person to make oath of the draw or draws to which he may time pre- mitted to the Executive, and the original deposited with the be entitled before any justice of the Inferior Court of theS£nbed- clerks of the Superior Court of the respective counties : county in which he may reside, and make return thereof to Provision and should the Inferior Court of any county fail to take in the Executive at any time within one week before the com- court6 the suCh names themselves, or to make the proper appointments, mencement of the drawing ; and it shall and may be lawful makefile' by tiie first day of July next, then the clerk of the Superior for any person or persons who are entitled to a draw or £iioa« appoint-6 Court (or his legal deputy in his absence) in such county draws in said lottery, wh6 are about leaving the State on ?n^j"eleaT" Receivers may make such appointments ; and said receivers, before 'lawful business, to take the oath prescribed by this act, and state, to take an they enter upon the duties, shall take and subscribe the fol- depositethe same in the clerk's office of the county where Their oath, lowing oath : " I, 5 do solemnly swear (or affirm) that such person or persons may. reside, and their names shall I will not receive or register any name, except the person be registered according to the provisions of this act; Pro- Prow»- giving in shall first take oath prescribed by this act;. so help vided, such person shall swear that he intends to return and me God :" which oath any justice of the Inferior Court, remain a citizen of this State. LANDS—1821. £49 Five Com- § 16. And be it further enacted, That five persons shall £ tei0S be appointed, by joint ballot of the Legislature, to superin-. ed by the tend the drawing of the lottery, to be convened at Milledge- towjeri1™ ville by the Governor when necessary; and that whenever lottery!0 this act imposes duties on the Governor, surveyor general, surveyors, receivers of names, or commissioners, such duties shall be severally performed with as little delay as possible, consistently with a due execution of this act. Manner of § 17. And be it further enacted, That as soon as said «dddlandS lists are made out and returned, his excellency the Go- scribed l'ie VCfnor, f°r t'ie PurPose °f carrying the lottery into effect, 8C" ° shall cause the names of persons entitled to draws, together with other designating remarks of residence, &c. to be placed on tickets as nearly similar as possible, which shall be deposited in one wheel, and the prizes on tickets of the like description shall be deposited in another wheel, which prizes shall consist of all square lots in said territory not herein reserved ; and from each wheel as nearly at the same tipie as may be, a ticket shall be drawn and delivered to the superintending managers, and so on until the whole number of prizes are drawn out; and said managers shall make due and particular entry of the names so drawn out and the prizes corresponding therewith, said names and prizes tyeing first thoroughly mixed in their respective wheels; and his excellency the Governor is required to give three weeks' notice of the commencement of the drawing, in case°of § 18- And be it further enacted, That should there be vacancies more districts than is contemplated by this act, the surveyors veyorl.SLir" elected for, or in case the appointment of any surveyor should become vacant by death, resignation, or otherwise, his excellency the Governor is required to fill said vacancy; or in case and in case any surveyor shall be found incompetent, or fail petency?" to execute the duties required of him by this act, his office shall be vacant, and his vacancy filled in like manner. An oath to §19. And be it further enacted, That the surveyors to be ?he!ur-by appointed in pursuance of this act shall, before they enter veyors. upon their duties, take and subscribe the following oath: The oath. " I do solemnly swear (or affirm) that I am twenty-one years of age, that I will well and faithfully, to the best of my skill and abilities, discharge the duties which maybe required of me as surveyor in the territory lately acquired ; so help me God which oath the surveyor general is required to Chainmen administer. The oath to be administered to chainmen by men or6" foei1" respective surveyors, shall be as follows : " 1 do so- tak^ln310 lemnly swear (or affirm) that to the best of my skill and oath. " judgment, I will measure all lines on which I may be em- ployed as chain carrier, as accurately and with as little de- viation from the course pointed out by the surveyor as pos- sible, and give a true account of the saipe to the surveyor; so help me God and similar oaths shall be administered by the said surveyors to all axemen and markers. Fortunate § 20. And be it further enacted, That all persons who entitled8to may draw lands under this act shall be entitled to receive theirerants grants for the same conveying fee-simple titles, on paying o"|i9ment into the treasury of this State the sum of nineteen dollars On failure for each tract so drawn and granted ; and any person draw- a° grant °Ut ino> an^ *o take ou^ grant within two years from within two the date of said draw, shall forfeit the land so drawn, and to reven'to the same shall revert to the State. That all returns made Grantson contrary to the true intent and meaning of this act are de- fraudulent clared to be fraudulent, and all grants issued in consequence ' ciared dnuii any ^ravv made in the contemplated lottery, on such frau- and void, dulent return, are hereby declared to be null and void, and the lands so granted or drawn shall revert and become the The ques- property of the State ; and the question of fraud may be tried fraud fhdw uPon scire fecias, to be issued from under the hands of the - nkd. clerks of the Superior Courts of the county or counties in which the land lies, in the name of the Governor of said State for the time being, upon the application of any indi- ! vidual against the tenant in possession of the land alleged to be fraudulently drawn, or against the drawer thereof, set¬ ting forth the circumstances of fraud in said scire facias specially, and upon the return of said scire facias with an entry thereon of service effected by any sheriff of any county of this State by leaving a copy thereof with the person named as defendant, or at his or her notorious place of abode, or by a return of such sheriff that the defendant is not to be found, upon which return the court is authorized to have service perfected by an order for a three months' publication in one or more of the public gazettes of this State, which rule when duly published shall be considered as sufficient service to authorize an issue to be made up under the direction of the court to try the question of fraud. And in case the jury shall find the return fraudulent, the court shall'by judgment pronounce the grant issued on such return and draw to be void, and order it cancelled, which judgment, when transmitted to the surveyor general's office, and secretary of state's office, and entered of file there, shall be of sufficient authority to those officers to can- eel the plats and grants for such fraudulent draws from their offices respectively. And the land, when condemned, shall Condemn- belong one-half to the State and the other half to the in- beiongone- former, and subject to be laid off between the informer and *lalf to 'j*5 i ci i •/» •• i • i itt State and the State by writ of partition, to be issued under the direc- the other tion of the Superior Court of the county in which 'the land ilffoi ATerhe lies; and to the proceedings of said writ of partition, on be- half of the State, it shall be the duty of the solicitors in the respective circuits to attend : and when the said lands are so laid off, the informer shall be entitled to a plat and grant for his share, upon the payment of the legal office fees. Provided, nevertheless, that no return made by or in behalf Proviso. of any orphan or orphans shall be pronounced fraudulent until his, her, or their legal guardian shall have been made a party to the scire facias, or other discreet person appointed by the court in which the case is tried to defend the case for the said orphan or orphans ; and provided also, the pro- ceedings under this section take place within seven years from the date of the drawing. § 21. And be it further enacted, That no case after be- What may ing commenced as aforesaid byscire facias shall be settled caseofV11 or compromised by the informer, or otherwise disposed of n°™ePo°*a to the prejudice of the State ; and in case it is, said land scire facias, shall be liable to be returned by any other informer in man- ner above prescribed, and division inade thereof accordingly. § 22. And be it further enacted, That the reserve at Fort Reserve at Hawkins, and a reserve of like extent on the opposite side khis, fcc.^o of the Ocmulgee river, commencing on the Upper Federal |jfr jVeaf" Road, crossing at Fort Hawkins, and lying below the same, posedof. be set apart for the State, to be disposed of as a future legis- lature may direct. § 23. And be it further enacted, That all the.territory on The reserve the east side of the Ocmulgee river known by the name of g^ofufe the Reserve be, and the same is hereby added to the county ocmulgee r tv „ added to ot Jones. J0lles § 24. And be it further enacted, That all reserves which p°"y'of the are recognised in the treaty aforesaid, except those which Surveyors are now, or may hereafter (before the running of the land) reserves'!W be abandoned by the Indians, shall be exempt from the operations of this law, and that the surveyors within whose districts they may fall shall make fractions adjoining thereto, if the making of square tracts is found to be impracticable ; and so soon as the reserves recognised in this section shall be abandoned by the Indians after the land is disposed of as above contemplated, then said reserves shall be set apart and disposed of by a future Legislature for the purpose of educating poor children. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, May 15th, 1821. JOHN CLARK, Governor. 250 v [no.705.] A mini- mum price per acre fixed on the fractions in said Coun- ties. LANDS.—1821. Unsold fractions in the posses- sion of te- nants may be rented by the Commis- sioners. AN ACT supplementary to an Act to authorize certain Commissioners to sell and dispose of the fractional parts of Surveys lying in the Counties of Appling, ' Irwin, Early, Telfair,, Walton, Gwinnett, Hall, Ha* bersham, and Rabun. § 1. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That, the commissioners appointed by virtue of the before-recited act, in the. discharge of their duty, in exposing to sale the. fractions in the several counties aforesaid, shall not sell or dispose of any fractional survey in the county of Appling on dry lines, than a less sujcn than fifty cents per acre, and on water courses for a less sum than two dollars per acre ; in the county of Irwin, on dry lines for less than fifty cents per acre, and on water courses for less than Wo dollars per acre ; in the county of Early, for less than two dollars per acre j in the county of Telfair, for less than tvVo dollars per acre ; in the county of y^alton, on dry "lines for a less sum than one dollar per acre, and on water courses for a less sum ihan two dollars per acre ; in the county of Gwinnett, on dry lines for a less sum than one dollar per acre, and on water courses for a less sum than two dollars per acre; in the county of Hull, on dry lines for a less sum than fifty cents per acre, and on water, courses not less than two dollars per acre ; in the county of Habersham, on dryTines for a less sum than fifty cents per acre, a,nd on water coprses for less than two dollars per acre; in the county of Rabun, on dry lines-for a less sum than fifty cents per acre, and on water courses for less than two dollars per acre. § 2. And be it further enacted, That any fractional surveys which may remain unsold at the commissioners' sale afore* said, and which may be-in the possession or cultivation of any tenant or tenants, may by said commissioners be rented to said tehant or tenants for one year from the time of said sales, for such sum ,as said commissioners may consider rea- sonable, securing the same by bond and security; and said commissioners are further authorized and required to col- lect or secure the payment of any rent which maybe de- mandable' from said tenants accruing previous to said sales. „ DAVIp WITT, Speaker of the House of Representatives. MATTHEW TALBOT, , President of the Senate^ Assented to, May 16th, 1821. JOHN CLARK, Governor. for in the manner prescribed by law for the drawing of the present lottery, *' V ' • DAVID ADAMS, Speaker of the House ,of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 3d, 1821. JOHN CLARK, Governor. [no.706.] AN ACT to amend an Act, entitled "An Act to dispose ■ of and distribute the Lands lately acquired by the . United] States for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Spring, on the eighth day of January, eighteen hundred and twenty-one;" and to add the re- serve at Fort Hawkins to the County of Jones4 Preamble. Whereas, it appears from the communication of his ex- cellency the Governor, that fifty lots of land remain undis- posed of, which were subject to have been drawn for in the last land lottery; Fifty un- § d. Be it enacted by the Senate and House of Repre- tots'subject sentatives of the State of Georgia, in General Assembly for!ediawn met> and is hereby enacted by the authority of the same, That it shall be the duty of his excellency the Governor, and he is" hereby required with the least possible delay to furnish the commissioners of the present land lottery with a list of the aforesaid fifty lots ; and that it shall be the duty of sai'd c.ommissioners, 6n the receipt of such list, immedi- ately to cause the said lots to be placed in the wheel con- taining prizes; and such lots shall be subject to be drawn AN ACT to point put a more expeditious method of par- [*>.707.] titioning such Lots of Land as have or may be declared fraudulent draws by judgment of Court, pursuant to an Act passed the fifteenth of December, eighteen hundred and eighteen; and to vest the titles to the same in the several County Academies in this State. Whereas, the twenty-first section of the act, passed the Preamble, fifteenth day of December, eighteep hundred and eighteen, entitled vt An Act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of Indians by the United States in the several treaties, one concluded at Fort Jackson, on the ninth of August, eighteen hundred and fourteen ; one concluded at the Cherokee agency, on the eighth of July, eighteen hundred and seven- teen ;t and one concluded at the Creek agency, on Flint river, the twenty-second of January, eighteen hundred and eighteen provides that all returns made contrary to the true intent and meaning of said act shall be declared frau- dulent, and the grants issued in consequence of any draw on such fraudulent return null and void, and the lands so granted revert and become the property of the State; and whereas, no provision has been made for partitioning such lots as have or hereafter may be declared fraudulent draws under said act, and the titles thereto having been vested in the several county academies, by an act passed the twenty- first of December^eighteen hundred and twenty, without pointing but in what method said titles should be perfected; for remedy whereof, § 1 .Beit enacted by the Senate and House of Representa- tives of the State of Georgid, in General 'Assembly met, and dor court it is hereby enacted by the authority of the same, That from and after the passing of this act, it shall be lawful in all cases partiiionto where judgment has been obtained in terms of tire said twenty- fraudulent first section of said recited act, atthe instanceof any informer, for the said informer, his or her special agent or attorney, on informer giving twenty days' notice to the solicitor general of the circuit where such land may lie, to apply to the judge of the •y.Acade- Superior Court, either at term-time or at chambers, for a m writ of partition, to be devised and framed by said court according to the nature of the case; and on proof of such notice having been given, and the record of such recovery submitted to said judge, it shall be his duty thereupon to issue a, writ of partition, directed to the sheriff of the county where such land may lie and ar?y eleven persons whom the court may think fit, requiring and commanding them, or a majority of them, to make partition, of said tract of land, between the said informer and the several county academies of this State ; they being first sworn in court, or before one of the justices of the Inferior Court, or justices of the swm"- peace, duly and impartially to execute such writ, and an impartial partition to make thereof, having due regard to quantity and quality according.to the best of their knowledge, and shall make return thereof under their hands and seals in two months after the issuing of said writ, then to remain of concn*"1 record, which partition or division so to be made shall by the judgment of said court be final and conclusive to all parties concerned ; Provided, that if the informer, or the Provl1* solicitor, or other person acting as agent or attorney for the several county academies, or either of them, shall, during the term of said court to which said partition may be re- LANDS.—1823. 251 turned, apply themselves to the court, and by motion show a good and probable matter in bar of spch partition, then and in such case the court shall award a new writ of partition to be directed and executed as before provided, and the same proceeding to be had thereon, which return shall be held and considered final and conclusive between the parties. The titles to § 2. And he it further enacted by the authority aforesaid, tweeiuhT That the part of such tracts of land as may be assigned to an^Acade ^ severa^ inf°rmers an^ county academies by virtue of inies to be this act is hereby vested, and the titles thereto rendered by"theele complete by the judgment of the Superior Court on said judgment writ of partition, as fully as if a grant had originally issued court in favour of said informer and the said county academies. DAVID ADAMS, Speaker of the House of Representatives 4 MATTHEW TALBOT, President of the Senate. Assented to, December 7th, 1821. JOHN CLARK, Governor. [no.708,] AN ACT to appoint certain persons to rent out such Fractions and, Islands as may he in a state fit for cub tivation, lying in the Counties of Dooly, Houston, Monroe, Henry, Fayette, Appling, Early, Telfair, and Irwin, and to prevent waste and trespass on the same. i Bionera'a § L Re it enacted by the Senate and House of Representa- pointed to tives of the State of Georgia, in General Assembly met, jfractions in an^ ^ enacted by the authority of the same, That said Coun- George G. Gaines, Robert Moreland, and Furney F. Gat- s' lin are hereby appointed commissioners for the county of Dooly and the twelfth district of Houston; John Keener, Thomas Harvey, and Turner Everett, for the county of Houston, with the exception of the twelfth district; for the county of Monroe, James Woodruff, Thomas Piiikard, and Zachariah Phillips; for the county of Henry, James L. Burks, Solomon Strickland, and William McCorkle ; and for the county of Fayette, Thomas A. Dobbs, Richard Respis, and James Montgomery. iDommfsthe § And be it further enacted by the authority aforesaid, ' doners. That it shall be the duty of said commissioners, or any two of them, upon giving twenty days' notice at two of the most public places in said counties, to expose to the highest bidder, on a rent for the year eighteen hundred and twenty- two, all such fractions and islands as may be in a state fit for cultivation, situate in the several counties for which they : ro take are appointed commissioners by this act; and it shall be CerTonhe ^eir duty to take from the person or persons so renting, l )ondnfnd ^or)(^s'g°°d and sufficient security, payable to his [security, excellency the Governor and his successors in office twelve f'wewe6 m months after the date thereof; which bonds they shall trans- t nonths. mit to the treasurer of this State, ivhose duty it shall be to proviso, issue his execution for the collection of the same, provided jt they are not paid within three months after said bonds be- come due. i>iacesrents § 3. And be it further enacted, That the rents shall be .jre to be made at Jhe places following: all fractions and islands lying in ,"ade' the county of Dooly and twelfth district of Houston, at Hartford ; all fractions and islands in Houston, at the house | of John Keener ; all lying in Monroe, at Indian Springs ; all lying in Henry, at the house of Stokely Morgan, in Jas- 1 per cpunty ; all lying in Fayette, at the Standing Peach J nga Tree. " 7o"ofnthe § 4. And be it further enacted, As a full compensation ' doners'8" ^or ^ services to be rendered by said commissioners as ! pointed out by this act, they shall be, and they are hereby au» thorized to deduct not exceeding twenty per cent, on the '' amount of rents, and take the note or notes of the persons rent- f1 ing, with security, payable to themselves twelve months after date. J1' § 5. And be it further-enacted^ That from and after the I i 2 passing of this act, if any person or persons shall commit Penalty on waste by cutting down the timber or opening land on said committS fractions or islands, or committing other trespass to the in- ™a88,!;8°erf jury of said fractions or islands, such person or persons for on eaid each and every offence shall forfeit and pay the sum of fifty fractions» dollars, to be recovered by any person who may sue for the same, the one-half for the informer and the other to the State, and be subject to indictment. § 6. And be it further enacted, That the justices of the 'We Inferior Court, or a majority of them, in the counties of ofTeiSir,1" Telfair, Early, Irwin, and Appling, be, and they are hereby authorized and required to rent out, at the court-houses or Appling to places of holding courts in their respective counties for the fraaionsm year eighteen hundred and twenty-two, all the fractions their Conn- lying in the counties aforesaid, according to the provisions likeprovi- of this act providing for renting out the fractions in the slon8, counties of Dooly, Monroe, Houston, Henry, and Fayette, and shall be allowed the same per centum as allowed the commissioners heretofore named in this act; and persons committing waste or trespass shall be subject to like pains and penalties as herein provided for waste and trespass. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1821. JOHN CLARK, Governor. AN ACT supplementary to and amendatory of an Act, [no.709.] entitled An Act to amend an Act, entitled An Act to amend an Act, entitled An Act to extend the Time of taking out grants on Surveys made on Head Rights and Bounty Warrants ; passed on the second day of December„ eighteen hundred and twenty-three. Be it enacted by the Senate and House of Representa- so much of tives of the State of Georgia, in General Assembly met, retited°act That so much of the above-recited act as requires notice to be given three months before a resurvey can be made, shall months' not be so construed as to extend to any tract of land on which no claimant resides, or which is unoccupied or unim- survey, proved : any law to the contrary notwithstanding. extend0 DAVID ADAMS, where Speaker of the House of Representatives, claim. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. AN ACT authorizing all Grants under the signature of [no.710.] Simon Whitaker, as Secretary of State, to be held, read, and received as Evidence in any Court of Jus- tice in this State ; and also the acts of Thomas H. Crawford, Deputy Secretary, or for Abner Hammond, Secretary of State. Be it enacted by the Senate and House of Representa- ah grants tives of the State of Georgia, in General Assembly met, gfmonby and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, that all tary of grants held by any person or persons, which grant was re- ^goaii8" gistered and signed under the signature of Simon Whitaker, grants ^ as secretary of state, and also all grants signed by Thomas Thomas3^. H. Crawford, as deputy secretary, or Thomas H. Crawford ^Abner for Abner Hammond, secretary of state, shall be received Hammond, as evidence in any court of justice in this State ; any law to ceivedM the contrary notwithstanding. evidence. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. 252 LANDS.—1824. [NO.711.] Any citizen of this State an- thorized to take out a grant in his name for any fraction, lot, or lots remaining unsold in Wilkinson, on paying ten dollars on each grant. The lawful fees allow- «d the State- house Offi- compensa- tion, &c. to be deducted out of the ten dollars. [no.712.] The time of taking out grants on surveys made on head rights, &c. extend- ed to 25th October, ire has grant or nts been ainedon d sur- ?ed, such d shall , be sub- t to re- vey for AN ACT to authorize any persort or persons, citizens of this State, who shall apply at the necessary Offices; to take out and receive in his, her, or their own name or names, a Grant or Grants for any Fraction, Lot or Lots of Land in the County of Wilkinson that re- main unsold, on the payment of ten dollars on each Grant. Be 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 first day of March next, it shall and may be lawful for any person or persons, citizens of this State, to take out and receive in his, her, or their own name or names a grant or grants for any fractional lot or lots of land in the county of Wilkinson that remain unsold, on the payment of ten dollars on each grant. § 2.( And be it further enacted by the authority aforesaid, That the several State-house officers are authorized to re- ceive the lawful fees as a compensation for their services on each grant when granted, to be' deducted, out of the aforesaid sum of ten dollars for each gr^nt; any law to the contrary notwithstanding. - 1 DAVID ADAMS, Speaker of the House of Representatives. < THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1823. G. M. TROUP, Governor. of the Governor to cause this act to be published in one of This aet u> the newspapers of Milledgeville, Augusta, and Savannah pbyli"ba once in each mpnth, until the expiration of the time ap- o^rofuie pointed by the same for taking out grants. §5. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same arec ause* hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 2d, 1823. G. M. TROUP, Governor. AN ACT to make valid certain grants to lands lying [no.713.j within certain reservations taken and Mid under and by virtue of the late Treaties between the United States and Cherokee Nation of Indians. , Whereas, by virtue of the late treaties between the Preamble. United States and Cherokee nation of Indians, certain re- servations of land were taken within the limits of the coun- ties of Hall, Habersham, and Rabun by certain hea]ds of Indian families and other individuals in said treaties named, within which said reservations lots of landliave been drawn1 by citizens of this State, for which grants have been issued ; and whereas, the government of the United States have purchased up many of the^said reservations for the use of this State; ' therefore enacted by the Senate and House of Repre- Grants The duty of the Sur- veyor makingithe resurvey, Ac. AN ACT to revive, amend, and continue in farce an Act, entitled An Act to extend the Time of taking out Grants'on Surveys made on Head Rights and Bounty Warrants. . . ' Be it enacted , by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That where any, person or persons have heretofore had surveys made on head rights or bounty warrants, and grants thereon haye not been obtained, it shall and may bd lawful for such person or persons to apply for and obtain such grant or grants at any time previous to the twenty-fifth of October, eighteen hundred and twenty-four, on payment of tljie usual fees. * § 2. And be it fArther enacted, That where any surveys have heretofore.been made on head rights or bounty war- rants, and grants thereon have not been obtained, such land shall not be subject to a resurvey until the expiration of the time herein limited, and until three months from and after the person or persons claiming under the original survey shall have been notified that such resurvey is intended to be made, and that in all cases ,the person or' persons claiming under the original survey shall be entitled to the preference of making such resurvey, until the expiration of three months from the time of such notification ; and in the event of there being no claimant residing on or near the land to be thus resurveyed, such notice shall be perfected by giving three months' notice by public advertisement at the court-house of the county where such land may lie, and in one of the public gazettes of this State. § 3. And be it further enacted, That it shall be the duty of all surveyors who shall make any such resurvey i to certify on his return to the surveyor general, that due notice according to the provisions of this act had been given ; and no grant obtained on such resurvey shall be valid, unless accompa- nied with such certificate; Provided, that nothing in this act shall affect the rights of orphans or persons under the age of twenty-one years, and that all such persons shall be allowed one year after they arrive at the age of twenty-one years to take out their grants. § 4. And be it further enacted, That it shall be the duty sentatives of the State of Georgia, in General Assembly met, been and and it is hereby enacted by the authority of the same, That hereafter the grants which have been or vvhich may hereafter be for VtTiy- issued by the State for the lots of land lying within theTe- }^e^la.Uie servations so purchased be, and they are- hereby declared tions de- legal and valid as though said reservations had never been anTvaftf1 taken or authorized. JOHN ABERCROMBlD, , Speaker of the House of Representatives. Allen b. powell, , President of the Senate. Assented to, November 25th, 1824. G. M. TROUP, Governor. AN ACT* to extend the Time to fortunate drawers in the [no.714.i Land Lottery, by the authority of the Act passed on the fifteenth day of May, in the year eighteen hundred and twenty-one, entitled An Act to dispose of and dis- tribute the Lands lately acquired by the United States- for the use of Georgia, of the Creek Indians, Spc.; and also to extend the Time tofortunate drawers in the Land Lottery, by authority of an Act passed on the fifteenth day of December,' eighteen hundred and eighteen, entitled An Act to dispose of and distribute the late cession of Lands obtained from the Creek and Cherokee Nations of Indians by the United States, dfC.; and also to continue in force the present Fees on Grants. ' ' , *" ' Besit enacted by the Senate and House of Representa- ™?negnau, tives of the State of Georgia, in General Assembly met, grants in and it is hereby enacted by the authority of the same, That ^"tenes all apd every person who was a, fortunate drawer in eitherof May,De. of said lotteries, by authority of the act passed on the fif- Sct, teenth day of May, in the year eighteen hundred and twenty- one, or by authority of the aci passed the fifteenth day 25th day of of December, in the year ^eighteen hundred and eighteen, ^mb€r' shall have until the twenty-fifth day of December, in the year eighteen hundred and twenty-five, to take out his, her, or their grant or grants for the land drawn by him, her, or • ♦ See Acts.further extending, Ac. Nos. 720,730,748,1038,1042,1063,1064fc 1065k. LANDS.—1825. 253 them, and that a grant or grants shall issue to him, her, or them for the same, according to the provisions of the twen- Gram fees tieth sections of the before-recited acts, on paying into the reduced to treasury 0f ^jg gtate the sum 0f twelve dollars. § 2. And be it further enacted, That all laws militating against this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November 17th, 1824. G. M. TROUP, Governor. [no.715,] AN ACT to revise and amend the several Land Acts now in force in this State, in relation to vacant Lands, and Lands surveyed on Head Rights and Bounty Warrants. surveyed ^ enacted by the Senate and House of Representatives on head of the State of Georgia, in General Assembly met, and it is bountyand hereby enacted by the authority cf the same, That any lands warrants heretofore surveyed under the laws regulating surveys on may issue, an(j bounty warrants, may be granted to the per- son or persons for whom the same was surveyed, upon the Proviso, payment of the usual fees ; Provided, they are applied for and granted on or before the first day of December next, or within three years from the date of such surveys. clause'118 § And be it further enacted, That all laws and parts of laws militating against this act shall be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1824. G. M. TROUP, Governor. [no.716.] AN ACT* to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and twenty-five. fory df" ^ enacted by the Senate and House of Representatives vided into of the State of Georgia, in General Assembly met, and if is dons.eC" hereby enacted by the authority of the same, That the terri- tory acquired of the Creek nation of Indians by the United States for the use of Georgia, as described in the articles of a treaty entered into and concluded between the commis- sioners on the part of the United States and the chiefs, headmen, and warriors of the Creek nation of Indians, at the Indian Springs, on the twelfth day of February, eighteen hundred and twenty-five, shall form and be divided into five The first sections, as follows, to wit: All that part of said territory fined°ande which lies south of a line commencing on Flint river, oppo- thecrimi- site where the line dividing the counties of Houston and dfction18" Dooly strikes said river, and running due west to the Chat- tachedftoat" tahoochee, shall form what shall be called section the first; Dooly and the criminal jurisdiction thereof shall be attached to the Thr second county of Dooly. All that part of said territory which lies fined n de~ nortk ^ne af°resaidi and south of the line commencing on Flint river, opposite where the original line dividing the counties of Monroe and Houston, and running due west to the Chattahoochee river, shall form the second section ; and the criminal jurisdiction thereof be, and the same is hereby The third attached to the county of Houston. And all that part of S"1 de" said territory which lies north of the line last aforesaid, and south of a line commencing on Flint river, where the original line dividing the counties of Henry and Monroe strikes said river, and running due west until it strikes the Chattahoochee * See Act Ifo. 722, amendatory of this Art. river, shall be, and the same is hereby called the third sec- tion; and the criminal jurisdiction thereof attached to the county of Pike. And all that part of said territory which The fourth lies north of said line, and east of the Chattahoochee river, ffnecLnde" shall form the fourth section ; and the criminal jurisdiction thereof shall be attached to the county of Fayette. And all The fifth that part of said territory lying west of the Chattahoochee fienceld°n de" river, and east of the dividing line between this State and the State of Alabama, shall form the fifth section ; and the criminal jurisdiction thereof shall be attached to the county of Pike. § 2. And be it further enacted by the authority aforesaid, The sec- That each of the sections herein laid out and described shall divided ** be divided into districts nine miles square, as near as prac- ticable ; the district lines running parallel to the lines di-nine8miles viding sections, and crossed by other lines at right angles : S(iuare- and said districts so laid out shall be again subdivided by The dis- lines, to be run in like directions into square tracts, con- ^vide'd be taining each two hundred two and one-half acres, marked illt0 and numbered according to the plan heretofore pursued un- twoTun- der the instructions of the surveyor general. fwo^nda § 3. And be it further enacted, That the fractional parts of half acr^r surveys, which may be created by the divisions and subdi- Fractions visions aforesaid, shall be reserved for public uses, and be disposed of as a future Legislature may direct. public use. § 4. And be it further enacted, That one hundred district one hun- surveyors shall be appointed by joint ballot of the Legisla- trlcf ture in one general ticket; and the person having the highest j^y°rs t0 number of votes shall be entitled to the first choice of dis- ed by the tricts, and in the same order, agreeably to the number of t^f|sla" votes each surveyor may receive; and in case of a tie be- Highest tween any number of surveyors, the preference in choice have firs* shall be decided by lot in presence of the surveyor general. Jj!jeice' § 5. And be it further enacted, That ten persons shall be Ten See- appointed by joint ballot of the Legislature, neither of whom "eyo'sto" shall be a district surveyor, to run and plainly mark the se- jje *PP°'ent* veral district, reserve, and sectional lines hereinbefore di- Legisia- rected, whose duties, shall be apportioned by the surveyor The Work general as nearly equal as practicable; and that no ticket tobeaypor- shall be counted unless it contains the names of ten persons. lw°en be~ § 6. And be it further enacted, That no ticket for dis- trict surveyors shall be counted unless it contains one hun- tickets dred names : any person elected a surveyor, who shall fail be counted; to perform the duties of his office as required by the pro- Any Sur- visions of this act, shall be considered as forfeiting his bond, Ihiiifen ° and himself and his securities immediately liable therefor, § 7. And be it further enacted, That the surveyors re- to forfeit speetively shall give bond in the sum of ten thousand dollars surveyors- to the Governor and his successors in office, with such se- curity as.he or a majority of the justices of the Inferior Court security, of the county in which such surveyor may reside shall ap- prove, conditioned for the faithful performance of the duties required of them by this act; which bond shall be deposited in the Executive office. § 8. And be it further enacted, That it shall be the duty Duties of of the surveyors appointed in pursuance of this act to make veyorer the surveys of the sections, reserves, and districts to which they may be appointed in their own proper person ; to mark, or cause to be marked, plainly and distinctly upon trees, if practicable, otherwise on posts, all stations and all lines which they may be required to run for the purpose of making the surveys of their respective sections, reserves, and districts, immediately upon being required so to do by the surveyor general; to cause all such lines to be mea- sured with all possible exactness, with a half chain contain- ing thirty-three feet, divided into fifty equal links, which shall be adjusted by the surveyor general according to the standard in his office ; to take as accurate as possible the meanders of all water courses which shall form natural boundaries to any of the surveys; to note in field books, to be kept by them respectively, the names of the corner and 254 LANDS.—1825. station trees, which sball be market! apd numbered under timate male child or children under eighteen years of age, the direction of the surveyor general; also, all rivers, creeks, or unmarried female child or children, resident as aforesaid, 'and other water courses which may be touched upon or or who were born and have ever since resided in this State, crossed in running any of the lines aforesaid ; transcripts shall have two draws ; all widows with like residence shall of which field books, after being compared with the ori- be entitled to one draw; and wives and children, In this ginals by the surveyor general, and certified and signed on State, of persons who have been absent from this State three every page by the surveyor returning the same, shall be de- years shall be on the same footing, as to draws, as if the posited in the surveyor general's office, and become a record; said husband was dead, and the titles to such lots as said fe- and the district surveyors shall make a return of their surveys ' males or children may draw be vested permanently in thein and works, within ninety days from the time they are notified as though they were widows and orphans ; all families of to enter upon the discharge of their duties, containing a map orphans resident as aforesaid, or who have resided in this of their district, in' which shall be correctly represented and State from their birth, under the age of eighteen years, ex- numbered all lots and fractions of said district, and waters cept such as may be entitled in their own right to a draw or therein delineated, as the surveyor general may direct; and draws, whose father is dead, shall have one drawall fa- also return at the same time a detached plat of each lot and milies of orphans consisting of more than two, shall have' fraction which said district may contain, certified and signed two draws; but if not exceeding two, then such orphan or by such surveyor; which plat shall be filed among the records orphans shall be entitled to one draw, to be given in in the of the surveyor general's office; and from Which copies shall county and district where the eldest of said orphans, or be taken to be annexed to grants : and said surveyors shall where the guardian of the eldest resides : Provided, that Provi»; conform to such instructions as they may receive from time should such guardian, such orphan or orphans, or the eldest to time from the surveyor general, during their continuance of such orphans reside within the' organized limits of this , Proviso, in office, "provided the same do not militate Against, this-act. State, then such draw or draws shall be given in in the county -Anid the surveyors appointed to lay out section, reserve, and in which such guardian may reside, or such orphan or or- district lines shall make return of their work to the surveyor phans, or the eldest of such orphans may reside: all Widows general, within sixty days from the time they shall be re- of like residence, whose husbands were killed or died in the quired to enter upon the duties of their office, of all such service of their country, or on their return march, in the late surveys as shall have been made on the east side of Ghat- wars against Great Britain or the Indians, shall be entitled tahoochee river; and as to the remainder of the territory, to a draw, exclusive of that otherwise allowed by this act within sixty days from the notification of the funning of the to widows ; all orphans whose fathers were killed or died * line between this State $nd Alabama. • in the service of the country, or on their return march, in Compensa- § 9. And be it further< enacted, That the district sur- the late wars with Great Britain or the Indians, shall been- District1*16 veyors to be appointed by this act shall receive three dol- titled to a draw, exclusive of that otherwise allowed by this Surveyors. iars for every mile that shall actually be run or surveyed? act to orphans. And all men who have been wounded or as a full compensation for the duties required of them by disabled iri the late? war with Great Britain o,r the Indians, this act, out of which they shall defray the whole of the ex- so they are not able to procure a competency for support, penses incident to their offices ; and his excellency the Gor in consequence of their ivounds, be allowed one draw in ' vernor is hereby authorized and required to issue his war- addition, and they shall take the following oath jn addition: rant on the treasury in favour of each of the aforesaid sur- I do solemnly swear, that I was wounded in the late war Oath of ' veyors, upon his being called into service, to the amount of with Great Britain and the "Indians, and am so disabled by Sed three hundred dollars, to enable him with the less delay to the same that it renders .me unable to procure a support by enter upon his duties ; and the balance to which such sur- my labour.'-' Provided, that , nothing herein contained war. - # veyor may be entitled shall be paid to him in like manner?, shall be so construed as to entitle any person or persons to a Pr0Tis0' upon his producing a certificate from the surveyor general draw or (draws in the present contemplated land lottery, * setting forth a performance of the work, and the amount due. who may have been fortunate drawers in any previous land Comjwma- §" 10. And be it further enacted, That the surveyors who lottery, except ?ucli persons as have.drawn land as one of a sectional6 may be appointed to run section, reserve, and district lines family of orphans, and who have arrived at the age of Surveyors. shall receive three dollars and fifty cents for each mile they eighteen \ but $uch person shall be entitled to one draw, and may run and survey, as a full compensation for their service, the remainder of such family of orphans shall be entitled to out of which all incidental expenses shall be paid ; and one draw; And provided,'that all widows of revolutionary the Governor is required to issue his warrant on the treasury soldiers shall have one draw in addition to those already in favour of each of said surveyors- for the sum of three contemplated by this act: and that all revolutionary sol- hundred dollars, upon their being called into service, and in diers who were not fortunate drawers as revolutionary sol- like manner to pay any balance, which may be due when diers in the late land lottery, shall be entitled to .two draws the work is completed, and the surveyor general shall cer- as revolutionary soldiers, and those who drew one tract of tify the same. . land in the former lottery as revolutionary soldiers, one tobeditW §11* And be it further enacted, That the territory ac- draw ; Provided, that the citizens of this State, who come Proviso. . posed of. quired as aforesaid shall be disposed of and distributed in under this act as above contemplated, and who volunteered the following manner, to wit -..After the surveying is com- or were legally drafted in the late war against Great# Bri- pleted and return made thereof, his excellency the Gover- tain or the Indians, and refused to serve a tour of duty, nor shall cause tickets to be made out, whereby all the nurn- either in person or by substitute, or who may have.deserted bers of Jots in the different districts intended to be drawn for from the service of'this State, or of the United States, shall shall be represented, which tickets shall be put into a wheel not be entitled to the provisions of this act as above con- The des-<' and constitute prizes. The following shall be the descrip- templated, nor any of thosd who illegally avoided a draft, persons en- tions'and qualifications pf persons entitled to give in their by removals or otherwise ; and that no person or persons, draw ora names f°r a draw or draws under this act: Every male who have removed from the organized limits of this State, draws. white person of eighteen years of age and upwards, being for the purpose of avoiding the laws of this State, or who a citizen of the United States, and an inhabitant within the have absconded for debt, shall in nowise be benefited by organized limits of this State three years immediately pre- this act, and .who have not paid all taxes required of them, ceding the passage of this act, including such as have been In case any land is drawn by minors, the grant shall issue absent on lawful business, shall be entitled to one draw; accordingly, upon payment of the usual fees; Provided, Proviso- every male person of like description having a wife or legi- also, nothing herein contained shall be so construed to ex- LANDS.—1825. 255 elude such persons as by the provisions of this act are allowed a draw or draws. Sale or *§12. And be it further enacted, That any sale or trans- chaances0f fer that any person entitled to a chance or chances in this vold- land lottery may make of such chance or chances, or make of any lot or lots of land sqph persons may draw, before the grant or grants of the same are taken out, shall be void, and any bond or obligation or letter of attorney given by said person to make titles, shall not be binding on such per- illegal for son : and further, it shall be illegal for any magistrate or trat^toad- person authorized to administer an oath, to administer an minister an 0ath to any person selling his chance or chances, lot or lots, make titles, contrary to the provisions of this section, that he will make titles to the same. No convict § 13. And be it further enacted, That nothing herein tentiaryTi- contained shall be so construed as to allow any convict in d°rawd a Penitentiary to give in for a draw in the present contem- Proviso, plated lottery; Provided, nevertheless, that the child or children, who have resided in this State three years, of any of said convicts shall be entitled to a draw or draws in the same manner they would be entitled if they were orphans, and may be given in for by their mother or other person under whose care they may be, and the grant or grants shall Proviso, issue accordingly to any land so drawn : Provided, no such convict has drawn in any of the former land lotteries of this State in his own name. Lists of § 14. And be it further enacted, That lists of persons en- tuiedm n titled to draws under this act, shall be made out by the Infe- and^when "or Court °f each county, or such persons as they may ap- to betaken point (not exceeding two to each battalion), within two out.made months from the publication of this act; and said Inferior Duty of the Court of the several counties of this State, or the persons persons ap- . 7 . r . pointed for they may appoint, shall attend in each captain s district at pose!'ur" least twice, giving ten days' notice of such attendance, for the purpose of taking the names of persons entitled to draw : the names of the persons entitled shall be entered by the receivers in a book to be kept for that pjurpose, a transcript of which book, fairly made out, shall be trans- mitted.to the Executive, and the original deposited with the clerk of the Superior Court of the respective counties ; and should the Inferior Court of any county fail to take in such names themselves, or to make proper appointments by the first day of September next, then the clerk of the Superior Court (or his legal deputy in his absence) in such county, An oath to may make such appointments; and said receivers, before themkenby they enter upon their duties, shall take and subscribe the Their oath, following oath : " I do solemnly swear (or affirm) that I will not receive or register 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 or justice of the peace is hereby required to admi- 1 sons toad n'ster* Person or persons taking in names as afore- 1 minister an said shall administer to all applicants for draws other than applicants wid°\vs, guardians, or next friends of orphans, the follow- for draws, ing oath, to wit: " 1 do solemnly swear (or affirm) that I The oath. gm g cjtjzen 0f Umted States, and have resided in this State three years immediately preceding the passage of this act, except absent on lawful business, and ant an inhabitant of the same ; that I was eighteen years of age at the time of the passing of this act; that I have (or have not) a wife or child or children ; that I have not given in my name for i any draw or draws in the present contemplated land lottery in any other part of the State ; that I have not drawn a tract of land in the former lotteries in my individual capa- city, or as an individual orphan ; and that I did not, directly or indirectly, evade the service of this State or of the United States, in the late wars against Great Britain or the l Indians." And the widows of revolutionary soldiers shall [ take the following oath or affirmation (as the case may be), ^ * This section repealed. See Act No. 726. to the best of their knowledge and belief, viz. : " I do so- lemnly swear (or affirm) that I am the widow of a revolu- revolution- tionary soldier, to the best of my knowledge and belief; so d[er|°'' help me God." The following oath shall be administered to all married women entitled to draws on account of three years' absence of their husbands, as contemplated by this act, to wit: " I do solemnly swear (or affirm) that my hus- oath of band has been absent from this State three years; that I w""en have resided the last three years in this State, except absent on lawful business, and am now a resident in this district; absent, that I have not put in my name in the approaching land lot- tery in any other part of the State, and that I have not drawn any tract of land in the former land lotteries, either in my individual capacity or as an individual orphan, to the best of my knowledge and belief; so help me God." The following oath shall be administered to the mother or next friend of any minor or family of minors wrho may be en- titled to a draw or draws on account of three years' absence of their father, as contemplated by this act, to wit: " I do The oath solemnly swear that the minor or family of minors whom I °he|h0er^"t now return, is or are entitled to a draw or draws under this friend of act, to the best of my knowledge; so help me God." The following oath shall be administered to all revolutionary soldiers who shall apply for draws under this act: " I do °at0hlu°t[on solemnly swear (or affirm) that I served as a soldier in the ary°so!-,on armies of the United States during the revolutionary war a d,ers\ tour or tours of duty, and am entitled to a draw or draws according to the provisions of this act ; so help me God." And all guardians or next friends of orphans or children of convicts in the Penitentiary shall take the following oath : " And that the orphan or family of orphans, or the child or oath of children whom I now return, is (or are) entitled to a draw ornext"8 or draws under this act, to the best of my knowledge; so o,!p£d®sof help me God." The following oath shall be administered to all widows : " I do solemnly swear (or affirm) that I am °athof \ / widows. a widow; that I have resided the three last years in this State, except absent on lawful business, and am now resi- dent in this district; that I have not put in my name for a draw in the present lottery in any other part of the State, and that I have not drawn land in the former lotteries to the best of my knowledge and belief; so help me God." That all idiots or lunatics entitled to a draw or draws by this act, shall be given in by their respective guardians or parents or next friend, who shall take the following oath: " I do solemnly Oathofthc swear (or affirm) that the person whose name I now give in orparems is an idiot or lunatic ; that he is eighteen years of age or oMdiots, upwards at the time of the passage of this act, and entitled to a draw or draws under this act; that he has not drawn land in any of the former land lotteries of this State in his name, or as an individual orphan ; so help me God." § 15. And be it further enacted, That immediately after This^rt to the passage of this act, his excellency the Governor shall ed.pu K cause the same to be published in such of the public gazettes of this State as he may think proper, and shall require all persons entitled to draws to give in their names to the per- sons authorized to receive them; and said persons taking in compensa- said names shall receive twenty-five cents from each of said s00nns0afp-'er" applicants for each draw. pe°ceive the § 16. And be it further enacted, That if any person en- names of titled by this act to a draw or draws, should by absence or other unavoidable causes fail to give in his name within the when a time herein prescribed, it shall and may be lawful for such ^g^i*1'8 person to make oath of the draw or draws to which he may be entitled before any justice of the Inferior Court of the time limit- county in which he may reside, and make return thereof to ed- the Executive at any time before the commencement of the drawing ; and it shall and may be lawful for any person or persons entitled to a draw or draws in said lottery, who are Also for about leaving the State on lawful business, to take the oath prescribed by this act, and deposite the same in the clerk's about to be office of the county where such person or persons may re- absent" 256 LANDS—1825. side, and their names shall be registered according to the so drawn, and the same shall revert to the State,—orphans, provisions of this act; Provided, such person shall swear lunatics, and idiots excepted; and all persons who shall To p*y that he intends to return and remain a citizen of this State, draw lands in the lottery authorized by this act shall, whether 0"e8 w five Com- § 17. And be it further enacted, That five persons shall the same be granted or not, pay taxes thereon, at the same to'beTiect. appointed by joint ballot of the'Legislature to superin- rates a? for. other lands of similar qualities, until they shall Le^isia^r ten<* ^ drawing lottery, to be convened at Milledge- relinquish the same to the use of the State, by writing, to be to^supwln6- ville by the Governor when necessary; and that whenever filed in the office 6f the secretary of state ; that all returns Grant* lottery^ '^is act impQses duties on the Governor, surveyor general, made contrary to the true intent and meaning of this act surveyors, receivers of names, or commissioners, such duties are declared to be fraudulfent; and all grants issued in con- «twj* shall be severally performed with as little delay as possible, sequence of any draw made in the contemplated lottery on ' ■< , consistently with a due execution of this act. such fraudulent returns qre hereby declared to be null and Manner of §18. And be it further enacted, That as soon hs said lists void, and the lands so granted or drawn shall revert and be- saw land8 are made out and returned, his excellency the Goverpor;for come the property of the State ; and the question of the The qua. ^brydtpre" the.purpose of carrying the lottery into effect, shall cause the fraud to be tried upon scire facias, to be issued from under f>aud°fhow names of persons entitled to draws, together with other de- the hhnds of the clerks of the' Superior Courts of the county signating remarks of residence, &c.,to be placed on tickets or counties in which the land lies, in the name of the Go- as nearly similar as possible, which shall be deposited in one vernorof said State for the time being, upon,the applica- wheel, and the prizes on tickets of the like description shall tion of any individual against the tenant in possession of the be deposited in another wheel, which prizes shall consist of land alleged to be fraudulently drawn, or against the all square lote in said territory not herein reserved ; and from drawer thereof, setting forth the circumstances of fraud in each wheel, as nearly at the same time as may be, a ticket the said scire facias, specially; and upon the return of the shall be drawn and delivered to the superintending mana- said scire facias with an entry thereon of the service effected gers, and so on until the whole number of prizes are drawn by any sheriff of any county of this State, by leaving a copy N out; and said managers shall make due and particular entry thereof with the person named as defendant, or at his or her of the names so d^awn out and the prizes corresponding notorious place of abode, or by the return of said sheriff therewith, said names and prizes being first thoroughly that the defendant is hot to be found"; upon, which return mixed in their respective wheels ; and his excellency the the court is authorized to have service perfected by an order Governor is required to give three weeks' notice ^bf the for a three months' publication in one or more of the public commencement of the drawing. gazettes of this State, which rule, when duly published, to case°° '' § ^9. And be it further enacted, That shobld there be shall be Considered as sufficient service to authorize an issue there'are more districts than are contemplated by this act, and sur- to be made up under the direction of the court to try the tricts toan vey°rs elected for, or in case the appointment of any sur- question of fraud ; and in case the jury shall find the return Surveyors, veyor should become vacant by death, resignation, or other- fraudulent, the court shall by judgment pronounce the grant wise, his excellency the Governor is requested to fill said issued on such return and draw to be void, and order it can- Or where Vacancy; and in case any surveyor shall be found incompe- celled i, which judgment, when transmitted to the surveyor oreeieUctedy tent, or fail to execute the duties required of him by this general's office and secretary of state's office, and entered ~pe- act, his office shall be vacant, and his vacancy filled iq like of file there, shall of sufficient authority to those officers to manner. , . i cancel the plats and grants for such fraudulent draws from , betaken b° § 20. And be it further enacted, That the surveyors to be their offices respectively; and the land when condemned The land thesurvey- appointed in pursuance of this act shall, before they enter shall belong one-half to the State and the other half to the ore- i upon their duties, take and subscribe,the following oath: informer, and subject to be laid off between the informerbeiongone- The oath. « I,:* , do solemnly swear (or affirm) that I am twenty-one and the State, by writ of partition, to be issued under the state and years of age ; thatl will well and faithfully, to the best of my direction of the Superior Court of the county in which the {^f0^ skill and abilities, discharge the duties which may be required land lies ; and to the proceedings of said writ of partition informer, of me as surveyor in the territory lately acquired ; so help on behalf of the State, it shall be the duty of the solicitors me God:" which bath the surveyor general is required to in the respective circuits to attend; and where the said tohtakee"n administer. The oath to be administered to chainmen by lands are so laid off the informer shall be entitled to a plat oath. their respective surveyors, shall be as follows": "I do so- and grant for his share, upon the payment of the legal office • fhe oath. lemn]y swear (or affirm) that, to the best of my skill and fees ; Provided, nevertheless, that no return made by or in Proviso- judgment, I will measure all lines on which I may be em- behalf of orphan or orphans shall be pronounced fraudulent ployed as chain carrier, as accurately and with as little de- until his, her, or their legal guardian shall have been made vi'ation from the course pointed out by the surveyor as pos- a party to the scire facias, or other discreet person ap- ■ sible, and give a true accbunt of the same to the surveyor ; pointed by the court in which the case is tried, to defend and'mark- so me ,an<^ s™^ar oaths shall be administered the case for the said orphan or orphans ; And provided Returns to ers. b^ the said surveyors to all axemen and markers. also, the proceedings under this section take place within wiiCnfour U^ofThe § ^ And be it further enacted^ That the land to be dis- four years from the date of the drawing. yeaii lands. tributed under the provisions of this act, shall be classed § 22. And be it further enacted, That no case after being where a under the following heads, viz.: first quality river land, se- commenced as aforesaid, by scire facias, shall be settled or ^Icom- cond quality river land, first quality oak and hickory -upland, compromised by the informer, or otherwise disposed of to second quality oak and hickory upland, first quality pine the prejudice of the State, and in case it is, said land shall j«ttobe land, and pine land; and that it shall be the duty of the be liable to be returned by any other informer in manner .surveyors charged with the business of dividing the districts above prescribed, and division made thereof accordingly, into lots to note, upon the separate plat of each lot which § 23. And be it further enacted, That no scire facias he is required to file in the surveyor general's office, the shall issue until the applicant shall have made and depo-ukean quality of each lot, according to the foregoing classes;" and sited in the clerk's office from whom the said scire facias oaa1, drawer*18 that all persons who may draw lands under this act shall be shall issue, the following oath: " I do solemnly swear, thatTbeoatb. entitled8to entitled to receive grants for the same conveying fee-simple in making this information, I have no combination or un- orfpayment t^es» on Paying *nt0 treasury of this State the sum of derstanding direptly or indirectly with the drawer or any of $18 eighteen dollars; and any person drawing and failing to take other person as the friend of, or on the part of the drawer." 7eafi.n tw° out his Sra,!|t within two years from the date of said draw, § 24. And be it further enacted, That a quantity of land JJJJ" shall forfeit his or her right to receive a grant to the land on Flint river, opposite the old Agency, and equal in size purpo»«- LANDS.—1825. 257 to the reserve on the east side of the same, one mile square at Marshall's Ferry on Flint river including the ferry, one mile square at Mcintosh's on the Chattahoochee in- eluding the ferry, and a reserve of five miles square on the Chattahoochee river at the Coweta Falls, and including the same ; the northern boundary to cross the river at a point one mile above the lower shoal, be, and the same is hereby set apart for public purposes. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, June 9th, 1825. G. M. TROUP, Governor. [no.717.] AN ACT to entitle Barton Thrasher, of Clark County, to a participation in the contemplated Land Lottery. Barton Be it enacted hy the Senate and House of Rcpresenta- of ciarkr' fives of the State of Georgia, in General Assembly met, and titled "to en" ^ hereby enacted by the authority of the same, That Barton two draws Thrasher, of the county of Clark, shall be entitled to two iottery.land chances in the contemplated land lottery. Coventor16 § it further enacted by the authority aforesaid, v mor. j^-g excenency tfje Governor be, and he is hereby au- thorized and required to carry the provisions of the forego- ing section into effect. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. [no.718.] AN ACT declaring the manner in which the Surveys of the University Lands, dividing them into Lots for the purpose of sale, according to the Act of the General Assembly passed on the sixteenth of December, eighteen hundred and fifteen, shall be authenticated. Preamble. Whereas, pursuant to authority vested in the trustees of the university of Georgia by an act of the General Assem- bly of this State, passed On the sixteenth day of December, eighteen hundred and fifteen, the skid trustees did cause the several tracts of land then belonging to the university to be surveyed and "divided into lots for the purpose of sale, ac- cording to the directions of said act; and whereas, in some cases the maps of such surveys and division into lots have been recorded, without being authenticated by the oath of the surveyor or surveyors who made the same, and in other cases such maps and division into lots have been lost without being recorded, whereby the purchasers of such lands have been put to great inconvenience in establishing the locality and boundaries of the several lots purchased by them ; for remedy whereof, ^ enacted hy the Senate and House of Representa- university fives of the State of Georgia, in General Assembly met, mords1 an<^ ^ *s hereby enacted by the authority of the same, That thereof to in cases where any of the maps of the survey and division of te/a^evi- university lands into lots for the purposes of sale, ac- •dence. cording to the authority of the befor-erecited a.ct, shall have been preserved and recorded either in the office of the clerk of the Superior Court, or of the county surveyor of the county where such lands are situated, such original map or record thereof shall be admitted as evidence of the locality and original boundaries of the several lots of land thereon designated, in the several courts of law and equity in this Proviso. State; Provided, that the said original map or maps, or the record thereof, shall be authenticated by the affidavit of one or more of the surveyors who made the same ; to be taken before any judge of the Superior Court, or justice of the In- Kk ferior Court of the county where the lands are situated (and which affidavit shall be recorded in the same office with such map), in the following form : Georgia, £ ' ^° s°lemnty swear> County. $ that according to the best of my knowledge, recollection, and belief, the above map (or in case the same is recorded, the above record of a map) con- tains a true representation of the survey and division into lots of a tract of land, situate on the waters of , in the county of , originally belonging to the trustees of the university of Georgia, made by me for the purpose of selling the same, according to authority vested in the said trustees by an act of the General Assembly of this State, passed on the sixteenth day of December, eighteen hundred and fifteen. § 2. And be it further enacted, That in all cases where provision such original maps have been lost without being recorded,, 0^®^ the governor or board of trustees of the university shall be, maps have and hereby are authorized to employ the person or persons, stroyed" to wit, Hezekiah Luckie and Thomas Mitchell, who ori- ginally surveyed and divided into lots the university lands corded, for the purposes of sale as ^foresaid, to make a duplicate map or maps of such survey and division into lots, either from their field notes, if preserved, or if not by actual re- survey, giving twenty days' notice of each resurvey by ad- vertisement at the most public place on or near the lands to be resurveyed, and each duplicate map or maps so made shall be authenticated by, the affidavit of the surveyor making the same, according to the directions of the first section of this act, and recorded in the office of the clerk of the Superior Court of the county where the lands are situated ; after which the said map or maps, or the record thereof, shall be received and admitted in the several courts of law and equity in this State, ag evidence of the bounda- 4 ries and locality of the several lots of land thereon desig- nated. § 3. And be it further enacted, That the expenses to be Expenses incurred in the execution of this act, shall be paid out ofveybow the proceeds of the sales of the university lands received, tobepaid. or to be received in the treasury of this State. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT to revise and amend the several Land Acts [no.719.] now in force in this State in relation to vacant Lands, and Land surveyed on Head Rights and Bounty Warrants. Be it enacted by the Senate and House of Representatives Lands sup- of the State of Georgia, in General Assembly met, and it is ^rhead" hereby enacted by the authority of the same, That any lands rights and heretofore surveyed under the laws regulating surveys made Grants on head rights and bounty warrants, may be granted to the person or persons for whom the same was surveyed, upon the within four payment of the usual fees by the first day of December, fhedaS eighteen hundred and twenty-six, or within four years from Survey, the date of such surveys as may be hereafter made. § 2. And be it further enacted, That all laws and parts Repealing of laws militating against this act shall be, and the same clause' are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 17th, 1825. G. M. TROUP, Governor. 258 LANDS.—1825. [ho.720.] AN ACT to extend the time for fortunate drawers in the Land Lotteries of eighteen hundred and eighteen, eighteen hundred and nineteen, and eighteen hundred j and twenty-one, to take out their Grants. teUded fo Be it enacted by the Senate and House of Repre- December^ sentatives of the State of Georgia, in General Assembly 1826, on the met, and it is hereby enacted by the authority of the same, P®y™entof That air and every person who was a fortunate drawer in • the land lottery, by "authority of the act passed the fifteenth1 day of December, in the, year eighteen hundred and eigh-. teen, and by authority of an act passed the sixteenth day of December, eighteen hundred and nineteen, shall have until the twenty-fifth day of December, eighteen hundred and twenty-six, to take out his, her, or their grant or grants for ' the1 land drawn by him, her, or them,, and that a grant or grants shall issue to him, her, or them for the same, ac,- ^ cording to the provisions of the twentieth section of said act, on paying into the treasury of this State the sum of twelve dollars. tendedfo § 2. And be it further enacted, That all and every per- the 25th of son who was a fortunate drawer in the said land lottery, by December, authority of the act passed on the fifteenth day of-May, iii the year eighteen hundred and twqntyrone, shall have until the twenty-fifth day of December, eighteen hundred and • ' twenty-six, to take out his, her,, or their grant or grants for the land drawn by him, her, or them for the same, accord- ingto the provisions of the twentieth section of said act of eighteen hundred and twenty-onp, on paying into thp trea- sury of this State the sum of twelve dollars. § 3. And be it further enacted, That all laws militating against this act be, and the same are hereby repealed. „ - THOMAS W. MURRAY, v Speaker .of the House of Representatives. 1 , ALLEN B. POWELL, i r- President of the Senate. Assented to, December 7th, 1825. < • •, . G. M. TROUP, Governor. Repealing clause. shall fail to pay .the treasurer of this.State any instalment at On failure the time the same may become due, or within sixty days ^rtpaa|^"n7 thereafter, he shall forfeit the sum paid, and the land revert jje pur- to and become the property of the State. forfeithjj 1 § 5. And be it further enacted, That when the last in- "stalment is paid, agreeable to the face of the certificate mentofthe given by the sheriff aforesaid, it shall be the duty of his ex- mentuie1"1 cellency the Governor to cause a grant to be filled up in the holder en- name of the holder, of said certificate, on his or their pay- grant.108 ing the sum of four dollars. § 6. And be it further enacted, That within forty days Thesberis after the sales of said lots the sheriff aforesaid shall make a * report of their proceedings to the treasurer of the State of pay over" Georgia, and pay over the money received, and deposite a Joth^r're^ schedule of lots sold, the amount of sales, cash received, wut. Jbalance due for each lot, and from whom ; and the sheriff daygny ''shall receive as compensation for his services five per cent. on the amount received, to' be drawn for by warrant from his excellency the Governor on the treasury of this State. §7. And be it further enacted, That the sheriffs afore- Time when said shall enter on the duties required of, them by this act, immediately after the first day of May, eighteen hundred e" and twenty-six, for all such lots as have been condemned and ^partitioned'; and all such lots as there has been no judicial decision and partition, within sixty days after such decision and partition, agreeable to law. DUNCAN G. CAMPBELL, . » Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, > President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. |>o.72l.] The She- riffs in said Counties authorised to sell tiie State's in- terestin fraudulent lots. Said She- riffs to ad- vertise their sales thirty days, The pur- chaser to pay one- fourth in cash. The Sheriff to give a certificate. . AN ACT to sell and dispose of. the State's interest in Lots of Land which have been, or may hereafter be con- demned as fraudulently drawn in the counties of Bibb, Houston, Crawfordi Monroe, Upson, Pike, Henry, Fay- ette, De Kalb, and Newton. Be 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 sheriffs of the aforesaid counties be, and they are hereby au- thorized and required to advertise , and expose for sale to the highest bidder, agreeable to the provisions of this act, all the State's interest in lots of land which have been or may hereafter be condemned as fraudulently drawn in the above-named counties. § 2. And be it further enacted, That it shall be the duty of the sheriffs aforesaid to advertise in two of the public ga- zettes of this State, and also at the court-house in the county where the land lies, at least thirty days before the day on which said lots are to be sold, setting forth the number and part of such number, together with the district and couiity in /which each lot may lie, together with the number of acres ; also the hours on which the sale will open and close. § 3. And be it further enacted, That the highest bidder for any of the aforesaid lots to which the State of Georgia has a right shall be the buyer, who shall pay to the sheriff aforesaid one-fourth of the purchase-money in cash or cur- rent bank bills-at par; on the payment of which the said sheriff shall give to such purchaser a certificate stating the amount pkid, and the amount of such purchase-money then due and to be paid in three equal annual instalments, to be paid to the treasurer of the. State of Georgia, and to be attached to the county academy fund of this State. § 4. And be it further enacted, That if any purchaser AN ACT,* to be entitled An Act amendatory of an Act [no.722.] passed the ninth June, eighteen hundred and twenty- five, to d\spose of and distribute the Lands, lately ac- ■quired by the United States, for the use of Georgiaj of « the Creek Nation of Indians, by a Treaty \made\ and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and twenty-five. Be it enacted by the Senate and .House ofi'.Representatives certam^ of the State of Georgia, in General Assembly met, and it said act re- is hereby enacted by the authority of the same, That the Petahi^d words " immediately preceding the passage of this .act," /lay of Sep- in the act passed the ninth day of June, eighteen hundred and twenty-five, be, and ^fie same are hereby repealed, andstituted the first day of September, one thousand eight hundred and twenty-six, be adopted in lieu thereof. § 2. Be it further enacted by the authority aforesaid, ^colns That it shall be the duty of the justices of the Inferior Court to have the of the respective counties of this State, or a majority of the ®fP7into same, to cause the above section to be carried into effect. effect § 3. And be it further enacted, That the persons ,ap-Receiw« pointed by the Inferior Courts to carry into effect the pro- visions'of this amendatory act shall jnsert, in the oaths laid down in the before-recited act, the words " the first day of [heoaihs.' September, eighteen hundred and twenty-six," instead of the words " the passingof this act," wherever the latter occurs. § 4. And be it further enacted, That all men of like re-Persons sidence who'have been Wounded and disabled in' the late£lllV, Wars with Great Britain, or the Indians, shall be entitled to !™t^e one additional draw other than they are allowed by the pro- warenti- visions of the before-recited act, in consequence of said wound and disability ; and the persons appointed to carry draw, tfyis act into effect shall administer the following oath to said persons, to wit: "I do solemnly 'swear (or affirm) that I Their oait was wounded in the late wars with Great Britain and the Indians, by which wound I am disabledinstead of the oath prescribed in said,section. * Sea Acts Nos. 723,724, amendatory and explanatory of this Act. LANDS.—1826. 259 Illegitimate children placed on the same footing with or- phans. Not to in- terferewith the rights of persons who have given in. § 5. Be it further enacted, That all illegitimate children shall be considered and placed on the same footing with orphan children under the provisions of this act, and shall be entitled to a draw or draws in like manner. § 6. Be it further enacted, That nothing herein con- tained shall be so construed as to interfere with the rights of persons who have given in their names for chances in the contemplated land lottery ; and that so much of the before- recited act as militates against this act be, and the same is hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [no.723.] AN ACT to amend an Act, entitled An Act amendatory of an Act, passed the ninth day of June, eighteen hun- dred and twenty-jive, to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and twenty-jive.. The'words Be it enacted by the Senate and House of Representa- offiSeptem- tives of the State of Georgia, in General Assembly met, and it ber, 18-26," {s hereby enacted by the authority of the same, That the words andthe ' "first day of September, one thousand eight hundred and oOanuary, twenty-six," in the said act, be, and the same are hereby re- 18-27," ' pealed ; and the first day of January, eighteen hundred and adopted. twenty-seven, be adopted in lieu thereof. The infe- § 2. And be it further enacted, That it shall be the duty tohaveUrtS ^ just'ces °f the Inferior Court of the respective coun- sakhsec- ties of this State, or a majority of the same, to cause the tied into above section to be carried into effect, effect. § 3. And be it further enacted, That the persons ap- ofnames to pointed by the Inferior Court to carry into effect the provi- sions of the act to which the above-recited act was amenda- tory, and of this act, shall insert in the oaths laid down in the act to which the before-recited act is amendatory, the words the first day of January, eighteen hundred and twen- ty-seven, instead of the words the first day of September, eighteen Hundred and twenty-six, wherever the latter occurs. § 4. And be it further enacted, That all persons who shall have resided in this State three years before the said first day of January next, and who have served a tour of duty for three months or more in the service of this State, tiedTtc»none the late war with Great Britain and the Indians, shall be additional entitled to one draw in addition to those which they are en- titled by the before-recited acts, notwithstanding they may have drawn a lot or lots in any previous lottery; and the persons appointed to carry this act into effect shall-ad- minister the following oath, in lieu of the oath prescribed by Their oath, said recited acts, viz.: " I do solemnly swear, or affirm, that 1 have served a tour of duty for three months or more in the service of this State, in the late wars with Great Britain and the Indians, and that I have resided three years within this State." § 5. And be it further enacted, That all persons who have given in their names for one draw, agreeable to the provisions of the act to which the before-recited act was amendatory, and who since giving in their names shall have by marriage entitled themselves, according to the provisions of said act, to two draws, shall be permitted to give in their names for another draw, on their making oath thereto be- fore the persons appointed to carry into effect the provisions of said act; Provided, such person has not married a widow or orphan, who has given in for a draw in the present con- templated land lottery. K k 2 insert said words in the oaths to appli- Persons who have served a three months' tour of draw. § 6. And be it further enacted, That all males who are idiots, lunatics, or insane, or who are deaf, or dumb, or blind, who may be ten years old on the first day of January, 'eighteen hundred and twenty-seven, and under the age of eighteen years, and who have resided in this State three years immediately before the first day of January, eighteen hundred and twenty-seven, shall be entitled to one draw; and all unmarried females, who are idiots, lunatics, or insane, or who are deaf or dumb, or deaf or dumb or blind, who kmay be ten years old or more on the first day of January, eighteen hundred and twenty-seven, and have resided in this State three years immediately preceding the said first day of January, eighteen- hundred and twenty-seven, shall be entitled to one draw ; and the guardian of next friend to any idiot, lunatic, or insane person, or any person who may be deaf and dumb, or deaf, or dumb, or blind, shall take the following oath, to wit: " I do solemnly swear, that the person whom I now return is entitled to a draw in the contemplated land lottery, to the best of my knowledge and belief; so help me God and any land drawn by any idiot, lunatic, or insane per- son, or afiy person deaf and dumb, or deaf or dumb or blind, the grant shall issue in the name of the drawer, on paying the usual fees. . § 7. And be it further enacted, That all tracts of land drawn in the present contemplated land lottery by fictitious names may be returned as fraudulent draws, and subjected to be condemned as in other cases of fraud. § 8. And be it further enacted, That the persons ap-t pointed by the Inferior Courts to carry into effect the pro- visions of this act shall have until the fifteenth day of Febru- ary, eighteen hundred and twenty-seven to make their final returns to the Executive ; Provided, however, that all re- turns made previous to the commencement of the drawing shall be put into the wheel. § 9. And be it further enacted, That his excellency, the Governor be, and he is hereby authorized to issue grants to all fortunate drawers who may apply for the same, as soon as the lottery commences, on their paying the lawful fees, and obtaining a certificate from the commissioners of the lottery that they have drawn such lot or lots. § 10. And be it further enacted, That in every instance where the land shall be drawn by a defendant in execution, and the grant shall be taken out by the plaintiff in execution, his agent, or attorney, the amount of the grant fees shall be refunded and paid to such plaintiff", his agent, or attorney out of the money raised by the sale of such land, in prefer- ence to any other lien whatever ; and in all such cases, the certificate or receipt of the treasurer shall be taken and considered as sufficient evidence of the fact of said fees having been paid by such plaintiff, agent, or attorney. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. G. M. TROUP, Governor. Males or fe- males be- tween the ages of ten and eigh- teen years, who are idiots, &c. deaf, dumb, or blind, enti- tied to a draw. Oath of their guar- dian or next friend. Grants to issue for lands drawn by them. Land drawn in the name of fictitious persons lia- ble to be condemned as fraudu- lent. Time ex- tended for receivers to make re- turns. The Go- vernor au- thorized to issue grants to drawers on ment of certificate from the Commis- sioners. Grants for land draw by defend- ants in ei ecution may be ts ken out b; the plain- tiff, and th grant fees charged in the bill of costs. Persons who have given in and since married entitled to one other draw. Proviso. AN ACT supplemental to and explanatory of an Act, tNO-724-] passed at the present session of the Legislature, enti- tied An Act to amend an Act amendatory of an Act, passed the ninth day of June, eighteen hundred and twenty-five, to dispose of and distribute the Lands lately acquired by the United States, for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and twenty- jive. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the true meaning and intent of that part of the fourth section qf the 260 LANDS.—1826. t\eUwho above-recited act, passed at the present session of this Le- served »° gislature, which allows and entitles all persons to one draw no7e°nt?ued in the present contemplated land lottery, who shall have re-% to a draw, sided in this State three years before the first day of Janu- ary, eighteen hundred and twenty-seven, and who have served a tour of duty for three months or more in the ser- vice of this State in the late war with Great Britain and the Indians, was not to give siid draw, where such a case may arise, to a substitute who performed said service. IRBY HUDSON, , Speaker of the House of Representatives.. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. I G. M. TROUP,, Governor* < [no.725.] AN ACT to rent certain Reserves and Improvements v < within the late acquired Territory. ; Two Com- Be it enacted by the Senate and House of Representa- to bTa^.1* tines of the State of Georgia, in General Assembly- met, and it is hereby enacted by the authority of the same, That nor to rent so goon as this act shall have passed into a law, there shall reserves3'11* he appointed by the Governor one commissioner for the andim- counties of Lee, Muscogee, and Troup, and the ferries and ments* bridges in said counties,;'and one commissioner for the counties of Coweta and Carroll, and the ferries and bridges in said counties, and also the reserve on Flint river, at the w Old Agency, whose duty it shall be to rent out the reserves and certain improvements which may be found in the pro- grossing survey to be fractions, anil not subjected to be drawn by any individual in the progressing land lottery.' To rent out § 2. And be it further enacted by the authority aforesaid,' orebefbre°n That said commissioners appointed in pursuance of this act Febmar of sha^> on or before the tenth day of February next, rent out next. to the highest bidder all reserves and fractions which may . be improved within the limits qf the late acquired territory. Said com- § 3. And be it further enacted, That it shall be the duty to^seiecTa sa^ commissioners to appoint some suitable plaCe at or place near near the centre of their respective sections on Flint river, ofthrirsec- where said reserves and fractions shall be reritdd out, said tions, &c. commissioners giving at least twenty,(fays'notice in all the public gazettes of Milledgeville and Macon, of the time and To give place of such meeting ; and said commissioners giving, pre- securkydin vi°us entering on the discharge of their duties, bond and $10,000. security in the sum of ten thousand dollars each, to his ex- ,1 cellency the Governor and hitf successors in office, for the faithful performance of their appointments. Notes, &c. § 4. And be it further enacted, That all notes and bonds whenmade given f°r ^ie rent °f said improved reserves, fractions, fer- payable, ries, and bridges, shall be made payable on the twenty-fifth day of December, eighteen hundred and twenty-seven, with approved securities, to his excellency the Governor and his successors in office, which said notes or bonds shall be filed in the comptroller's bffice within twenty days after the first day of March next, feompensa- , § 5. And be it further enacted, That the said commis- Commis-1 6 sioners shall receive ten per cent, each on the amount of sioners. s bonds and notes taken by them respectively, in their several sections-, and returned to the comptroller as aforesaid, as a compensation for their services, to be retained out of, the bonds or notes given by persons renting fractions as afore- said. How com- § 6- And be it further enacted, That the comptroller pensaied. general be, and he . is hereby authorized to transfer to said commissioners bonds or notes to that amount returned The Go- them respectively. . caused § And be it further enacted, That if any lessees shall atructions be obstructed in taking possession of any of the lands leased and thed' them, the Governor shall cause the same to be removed, person and the party put into the possession, and protected therein iiTpMMfr" against any one who shall unlawfully oppose said possession. sion.. § 8. And be it further enacted, That the 6aid commis- Minimum sioners shall, by ipspdction or otherwise, ascertain as they fixed byth, shall be able the real worth of said fractions, and place a minimum price thereon ; under which said fractions shall not be rented- ' IRBY HUDSON,, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. . ' G. M. TROUP, Governor. AN ACT to repeal in part the Twelfth Section of an [no.726.j Act, entitled An Act to dispose of and distribute the Lands lately acquired by the United States, for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Springs on the twelfth day of February, eighteen hundred and ' twenty-five, passed the ninth day of June, eighteen hundred and twenty-five.• Be it therefore enacted by the Senate and House of Repre- The seniatives of the" State of Georgia, in General Assembly met, SSJ0r and it is hereby enacted by the authority of the same, That the said a<*» before-recited twelfth section be, and the same is hereby re- peae pealed, except the words or clause, " it shall be illegal for Exception, any magistrate or persbn authorized to administer an oath, to administer an oath to any personf selling his chance or . chances, lot or lots," which clause shall continue in full force. . , IRBY HUDSON, 1 Speaker of the House of Representatives, ■s . THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826.' G. Ml TROUP, Governor. AN ACT to sell and dispose- of Fraction number Two [no.727.] Hundred and Forty-one, in the fifth district of Man- , roe County, which was omitted to he sold at the last ^ sales of the Fractions. < \ Be it enacted by, the Seriate and House of Representa- lives of the State of Georgia, in General Assembly met, That thC sheriff of Monroe county be, and he -is hereby authorized and required to advertise and expose to sale fraction num- ber two hundred and forfy-one in the fifth district of Monroe county, under thq, laws, rules, and restrictions prescribed for the sale of the lots number ten and one hundred, passed, on the twenty-second December, eighteen hundred and twenty-five. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . ' ♦ * President of the Senate. Assented to, December 20th, 1826. G. M. TROUP, Governor. Lot No.. 341, in the fifihdis- trict of Monroe County, to be sold by the She- riff. AN ACT. to continue in force an act entitled An Act to revise and amend the several Land Acts now in force in this State in relation to vacant Lands, and Land sur- veyed on Head Rights and Bounty Warrants, passed the seventeenth day of December, eighteen hundred and twenty-five. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said act, passed the seventeenth day of December eighteen hundred and twenty-five, to revise and amend the several land acts now in force in this State, in relation to vacant lands surveyed on head rights and bounty warrants be, and [no. 728.] The act of 17th De- cemlier, 3923, re- _ enacted. LANDS.—1826. 261 the same is hereby re-enacted, and to continue in force until the same shall be altered by law ; any law to the contrary notwithstanding. Repealing § 2. And be it further enacted, That all laws militating *Jause' against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. Mi TROUP, Governor. [no.729.] AN ACT to amend an Act to sell and dispose of the State's interest in Lots of Land which have been or may hereafter be condemned as fraudulently drawn in the Counties of formerly Bibb, Houston, Crawford, Mon- roe, Upson, Pike, Henry, Fayette, De Kalb, and New- ton, passed the twenty-fourth of December, eighteen hundred and twenty-five. benforce ^ enacted by the Senate and House of Representatives tin ail Tots of the State of Georgia, in General Assembly met, and it is SemneT'or hereby enacted by the authority of the same, T'hat the above- hereafter to recited act remain and continue in force until all fraudulent demned as draws now condemned, or which hereafter may be con- are"dislent demned, are finally disposed of; and the sheriffs of the posed'Sof. aforesaid counties in all cases where there is a condemna- tion of lots or draws, either previous to this act or the one of which, it is amendatory, shall proceed to sell the same ac- cordirtg to the provisions of said recited act, so soon as they can obtain a fair plat of the partition of said fraudulent draw, plainly showing and designating the State's part Of said draw. provision §2. And be it further enacted, That in cases where there ^MtUion has been a partition, and the surveyor making the same has has been moved away or died without making and returning to the mEGGi and „ _ . , . , ■ > no return proper office a plat of the same, that the county surveyor in veyor! Sl"" which said draw may lie shall make out and return a plat of said fraudulent draw according to the partition which has been made by the former surveyor, if the lines and marks can be ascertained ; and if not, to make a partition and return a plat of the same, with due regard to the interest of the State and the other party concerned. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 18»26. G. M. TROUP, Governor. [no.730.] AN ACT to extend the Time for fortunate drawers in the Land Lotteries of eighteen hundred eighteen, eighteen hundred and nineteen, and eighteen hundred and twenty-one,, to take out their Grants, and to reduce the present price on Lottery Grants. Time ex- Be it enacted by the. Senate and House of Representatives the^SiiTof of the State of Georgia, in General Assembly met, and it is December, hereby enacted by the authority of the same, That all and 1827' every person who was a fortunate drawer in the land lottery, by authority of the act passed the fifteenth day of De- cember, in the year eighteen hundred and eighteen, and by authority of an act passed the sixteenth day of December, eighteen hundred and nineteen, shall have until the twenty- fifth day of December,' eighteen hundred and twenty-seven, to take out his, her, or their grant or grants for the land Grants to drawn by him, her, or them ; and that a grant shall issue to payment of him> her' or them for the same> according to the provisiohs 3*. of the twentieth section of said act, on paying into the trea- sury of this State the sum of eight dollars. § 2. And be it further enacted, That all and every person Time ex- who was a fortunate drawer in the said land lottery, by au- IheSV thority of the act passed on the fifteenth day of May, in the J^c7ember> year eighteen hundred and twenty-one, shall have until the twenty-fifth day of December, eighteen hundred and twenty- seven, to take out his, her, or their grant or grants for the land drawn by him, her, or them for the same, according to the provisions of the twentieth section of the said act of eighteen hundred and twenty-one, on paying into the trea- price of sury of this State the sum of ten dollars. grants § 3. And be it further enacted, That it shall be the duty Grants to of the different Executive officers to issue a grant 6r grants BaWwinf1 to any person or persons applying for the same in their own ^wTne name, any lot or lots of land in the counties of old Baldwin, onpayment Wilkinson, and Wayne, under the laws now in force, on his, of $5, her, or their paying into the treasury the sum of five dollars. § 4. And be it further enacted, That all laws militating Repealing against this act be, and the same are hereby repealed. clause. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30lh, 1826. G. M. TROUP, Governor. AN ACT to extend the Time for District Surveyors to [no.73I.] make their Returns in the contemplated Lottery, and to authorize the Governor to fill Vacancies in certain cases therein mentioned. Be it enacted by the Senate and House of Representatives District of the State of Georgia, in General Assembly met, and it is anowedtiii hereby enacted by the authority of the same, That the time the20th required for district surveyors to make their returns in the n^uo^ contemplated land lottery shall be extended to the twentieth ™®„rengheir day of February next; and in all cases where said surveyors The Go- from accident, default, sickness, neglect, or unnecessary tar- thorizedu> diness, the Governor, upon such information of either of the above-mentioned disabilities, shall forthwith substitute some &ec?uts' other fit and proper person to complete the survey of said delinquent. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. AN ACT assenting to and confirming a Purchase made by the United States of a piece of Land, situated near Augusta, Georgia, and for ceding the Jurisdiction over the same. Beit enacted by the Senate and House of Representatives cL°g®eat[Iie of the State of Georgia, in General Assembly met, and it is purchase 8 hereby enacted by the authority of the same, That the con- sent of the Legislature of the State of Georgia is hereby chased of granted to a purchase which the United States have lately waikerV made from Freeman Walker, of a certain tract of land situate in the county Richmond, about three miles above an arsenal, the city of Augusta, containing seventy acres, for a site for an arsenal and military establishment; which tract is bounded as follows : commencing at a stone corner, and Theboun- running north two degrees to the west, eighteen chains sauTtract. twenty-five lines, to a stone corner standing on the road which divides the Bellevue tract of land from land belonging to Mr. Thomas Gumming ; from thence running wkh the road, and on the left side thereof north eighty-nine degrees and thirty seconds to the west, twenty-nine chains and eighty-seven links to a stone corner ; from thence running south twenty-eight chains and ninety-two links to a stone corner \ from thence running north seventy-one degrees fif- 262 LANDS.—1827. teen seconds to the east, thirty-two chains and twenty links to the beginning; having in all four corners, ea,ch of which has the initial letters of the United States, (U. S.) ^ngraved on the top thereof; and that the jurisdiction over said tract Proviso, is hereby ceded to the United States; Provided, however, that nothing herein contained shall extend, or be constructed to extend, so as to impede or prevent the execution of any process, civil or criminal, under the authority of this State: , . IRBY HUDSON^ Speaker of the House of Representatives. THOMAS STOCKS, president of the Senate. Assented to, December 26th, 1826. • G. M. TROUP, Governor. [no.732:] Purchasers or holders of certifi- cates of ' fractions lying in Henry, Newton, &c. to be indulged twelve , months on payment of one-half of the pur- ney. Lands which have been ' forfeited subject to the provi- sions hereof. . of Macon lots al- lowed the same indul- [no.733.] Lots and fractions in the twelfth andthir- teenth dig- tricts of War9 . County to be sold with the fractions, &c. AN ACT to give further Time to Purachasers of Frac- tions, Lots, or Islands, at the late sales of the Fractions, to pay for their Lands. * Be 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 all pur- chasers or holders of certificates of fractional parts of sur- veys, lots, or islands, at any of the late Sales, lying and being formerly in the counties of Henry, Fayette, Newton, Mon- roe, Houston, De Kalb,. Dooly, Upson, Pike, Bibb, Deca- tur, Crawford, Irwin, Early, Appling, Telfair, Rabun, Hall,. Habersham, Gwinnett, and Walton, shall or may be in- dulged twelve months after the twenty-fifth day of July next, by paying up one-half of the original purchase-money , with all interest due thereon by the twenty-fifth day of July next. § 2. And, be it further enacted by the authority aforesaid, That all those -whose lands may have become forfeited -to the State of Georgia by failure of payment, may, by com- plying .with the requisitions of this act, be eptitled to all the advantages thereof. i § 3. And be it further enacted by the authority aforesaid, That the same indulgence be extended and granted to the purchasers of the lots in the town of Macon, upon the above- named terms and conditions.. 1 IRBY HUDSON, Speaker of the House of Representatives. ( , THOMAS STOCKS, ' President of the Senate. Assented to, December 26th, 1826. ' * G. M. TROUP, Governor. AN ACT to sell and dispose of the Land lying in the Twelfth and Thirteenth Districts in the County of Ware, formerly Appling County. Be 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 lots and fractions of land contained within the twelfth and thir- teenth districts of Ware, formerly Appling county, shall be sold at the same time and place, and under the same terms, that the fractions which may be left and undisposed of in the present contemplated land lottery will or may be sold, and they shall be sold by the same persons who are or may be appointed to ^ell said fractions ; and the money or bonds re- ceived or fakep for said lots or fractions in the districts aforesaid^ shau be returned to the same office where the money and bonds arising from the sale of the fractions aforesaid are required to be returned. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. AN ACT to sell and dispose of the unsold Lots in the [no.734.] town of Macon, and the Public Lands on the east and west side of the Ocmulgee River, near and adjoining the said town, and also the Bridge across the Ocmulgee River at Macon. Be it enacted by the Senate and House of Representa- The Go. lives of the State of Georgia, in General Assembly met, and . it is hereby enacted by the authority of the same, That his uireecom- excellency the Governor shall, immediately after the pas- S'layoff' sage of this act, appoint three commissioners to lay off and ^ere- distinctly mark all the reserved and public lands on the east lands ad- and west sides of the Ocmulgee river, adjoining the townJ^ln6Ml* of Macon, in the county of Bibb, including all the fractional survdys( adjoining said reserve on the west side of the river Ocmulgee, into such lots and, tracts of land as shall be di- rected by this act. ' ■ ' , §2. And be it further enacted by the authority aforesaid, The man- That the said commissioners in the execution of the duties SlUe by this act assigned them, shall cause to be laid out aad °n the distinctly marked, two ranges of lots adjoining on the sOuth, west, and west, and north of'the lot or square reserved for the com- "®^the mon and town of Macon, the £rst range to contain tenshaiibe acres, and, the second range of lpts to contain twenty acres aid offl each, and all the rest'and residue of the reserved lands lying on the west side of the Ocmulgee rivei", near ,-tbe town of Macon, shall be laid off by the commissioners aforesaid into square tracts of one hundred acres each, or into frac- tions where the same will not admit of being laid out into square lots., ' ' , § 3, And be it further enacted by the authority afore- The blocks said, That the blocks of lots containing eight half-acre lots Nos?2iam! ' each, and known in the plan of said town as the court-house lot, and numbers 21 and 40, shall be set apart and appro- of the priated to and for the use of the county of Bibb, to aid the Bibb^id said county in, erecting their public buildings, and that the j[Jeer®^5 comihissiopfers of the court-house and jail of the county of buildings. Bibb be, and they are hereby authorized to sell and convey a part or the whole of said lots for that purpose ; and the said commissioners of the court-house and jail of the county aforesaid, shall have the privilege and are hereby authorized to build their court-house and jail on.tlie reserved pr public square in the tovvp of Macon. • ; y . 1 § '4. And be it further enacted, That the said commis- How the sioners shall cause the reserve on the east side of the Oc- tr^e,on mulgee siver to be laid off in the following manner, to wit: ^ 1st, a reserve for a fbwn common, not exceeding fifty acres, be laid out. and in width "running in a direct line frPm the east end of the bridge not exceeding one hundred yards, and run- .ning up and down the river for complement; making the bridge as nearly central as practicable: 2dly, adjoining said reservation of common, a range of lots of the size of one acre each, in the rear of which shall be a range of lots of ten acres each, next of a range of twenty acre lots, and last, of lots of one hundred acres each, or fractions, in the same man- ner as pointed out in the 2d section of this act. § 5. And be it further enacted, That the said commis- sioners, after having fully carried into effect the foregoing to adver- provisions for this act, shall cause sixty days' notice to be ^heiot* given of the intended sale in all the public gazettes in this State, and one of the public gazettes of Charleston, South Carolina, and Tuscaloosa, Alabama ; and shall have in ac- cordance with said notice, proceed at some convenient place in thd town of Macon, to offer for sale.by public out- cry, all the unsold building lots already laid off in the town of, Macon, together with the garden and planting lots so as aforesaid to be laid out; and shall from day to day con- tinue said sales until the whole shall be disposed of: Pro• P'0™0, vided, nevertheless, that if in the opinion of the said com- missioners or a majority of them, the State's interest in said LANDS.—1827. 203 •lots and land should seem likely to be sacrificed for the want of demarid or bidders, or for any other cause, it shall be the duty of said commissioners to suspend the sales of lots anil tracts of land for which fair prices cannot be had, until such other day or days of sale as they may think pro- per, after the like publication of notice to order. Com- § 6. And be it further enacted, That the commissioners toMiitu™ aforesaid shall, at the sales of the public property in and across the near ^ie town Maconi proceed to sell the bridge across o'cmuigee the Ocmulgee river, created at the town of Macon, together nver* with one acre of land on the east side of the river aforesaid, The rights as a hutment of the said bridge ; the purchaser shall for «haser?ur eve* ^ave foe fo^ anc* ^ree privilege of occupying and using much of 5th or Bridge street, on the west bank of the Ocmulgee river, as may be necessary for a butment for the • said bridge ; and the said bridge with the butment on the west side of said river shall be sold at public outcry, said commissioners first specifying in their advertisement the day on which said bridge will be sold, upon the same terms and conditions as are provided for in the fourth and fifth sections of this act, except as to giving certificates to the Purch^r purchasers, and in lieu thereof, the said commissioners shall Bridge to require of the purchaser bond with approved security for and secu- feifofol payment of the four annual instalments that may rity. hereafter become due for the said bridge, and that a grant ordered shall not he made for the same until the last in- stalment and all interest is fully paid. ^chasers § 7. And be it further enacted, That the highest bidder to pay'one- for any lot or lots authorized to be sold by this act shall be aaain the purchaser, who shall, on the same day, pay to the said commissioners aforesaid, one-fifth part of the purchase mo- ney in cash or current bills of the chartered banks of this commis- State, on the payment of which the said commissioners, or givTa cer- a majority of them, shall give to such purchaser a certificate, tificate. stating the amount paid, and the amount of said purchase- money then due and to be paid in four equal annual instal- certificates ments, which said certificate shall be transferable by writ- trans-6 ten assignment; and any purchaser failing to pay any in- ferred. stalment to the treasurer of the State, within sixty days after the same becomes due, shall forfeit the amount paid, and the lot or lots so purchased shall revert to and become the property of the State; when the last instalment is paid, or whenever the purchaser pays the whole purchase-money for such lot or lots, agreeably to the face of said certificate given by the commissioners aforesaid, it shall be the duty of his excellency the Governor to cause a grant or grants to be made out in the name of the holder of said certificate, agreeably to the laws now in force regulating grants, which r Grants to said grant shall be given to the holder of said certificate on • purchaser6 his or her paying into the treasury of this State four dol- on payment ^&rS Cen*?' ^0r °foce fees* of$4 so. § 8. And be it further enacted, That it shall be the duty sioners'to sa^ commissioners, within thirty days after said sales make a re- or any of them shall have been closed or suspended, to pay thirty days into the treasury of this State the nett amount received by sales are" foenl f°r *-'ie safo °f said l°ts an(i bridges, and shall also re- closed. turn and deposite in the comptroller general's office their book or books, containing an account of the sales of all lots sold by them, and a general plan of the lots surveyed and sold by the commissioners aforesaid, shall at the time be 1 deposited bv them in the surveyor general's office. ' Any per- § 9. And be it further enacted, That if any person or l! andbfaidiing persons bidding for lots, and failing on the same day to ' to comply, comply with the provisions of the 5th section of this act, 1 thertght of shall forfeit the right of having any farther bid or bids cried I iidber by ^ commissioners; and the said commissioners shall, ? on the next day of sale [put up and offer said lot or lots for r' sale] as though the same had not been previously bid off. II Commia- § 10. And be it further enacted, That each of the com- t missioners, before he enters on the duties of said office, Ve °n shall execute to his excellency the Governor a bond with good and sufficient security in the penalty of ten thousand and seeu- dollars, to become null and void on the condition of his $"0,000. faithfully performing the several duties and requirements specified and prescribed in this act; and in case either of said Defaulting commissioners shall neglect or refuse to make return and Sonera.8" pay over to the treasurer of this State the money which he or they may have received for the use of the State, accord- ing to the provisions of this act, it shall be the duty of the comptroller general of this State immediately to issue an execution against such defaulting commissioner or commis- sioners, and his or their securities, for the penalty of their bond, directed to all and singular the sheriffs of said State, which execution shall be in the usual form of fieri facias, and have the same force and effect of such a writ when is- sued pursuant to the judgment of a court of record; but this summary process for detaining money shall in nowise exempt either of said commissioners from pn action at law or equity for any other malepractice in office. §11. And be it further enacted, That each of the said Compensa- commissioners while engaged in the service herein assigned, commit shall be entitled to"1 receive as full compensation five' dol- sioners. lars a day, and an adequate allowance for clerk hire and stationary. ' ' § 12. And be it further enacted, That said commission-Surveyor's ers shall have authority to appoint a surveyor for the pur- uon.pensa^ poses herein expressed, whose compensation shall be five dollars a day while in service ; also to appoint a sufficient number of chain carriers and axemen, whose pay shall not axemen, exceed two dollars each a day, and thht all persons who have an agency in executing the provisions of this act be, and they are hereby required to complete the several duties assigned them with the least possible delay. § 13. And be it further enacted, That another building Another lot shall be set apart for the Baptist church, by the com- seTapart10* missioners of the town, upon the said church relinquishing all right and title to the one already laid off and assigned Church. to them, and surrendering up the same to be sold pursuant to the provisions of this act. -§14. And be it further enacted, That nothing herein Lots leased contained shall authorize said commissioners to sell any of vernment the lots which were leased of the government of the United States, until the expiration of said lease, unless said lot or to be sold, lots are sold subject to the encumbrance of said lease ; Provided, nothing contained in the foregoing law shall be so Proviso, construed as to authorize the removal of said bridge, or the erection of any other bridge or ferry on said reserve, which would interfere with said bridge where it now stands. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. AN ACT to dispose of the Mcintosh Reserves in the County of Buttls. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That im- mediately after the passing of this act, the Governor shall appoint three commissioners to superintend the laying off, and to dispose of as hereinafter directed, the reserves in the county of Butts, known by the name of the Indian Spring and Mcintosh Reserves. § 2. And be it further enacted, That immediately after the first day of January next the commissioners aforesaid shall appoint a skilful surveyor, who shall, under their super- intendence, or a majority of them, proceed to lay off the In- dian Spring Reserve in the following manner, to wit: The mineral spring shall be included as nearly as possible in the centre of a square lot of ten acres, and around said [no.735.] The gov- ernor to ap- point three Commis- sioners to lay off and sell the In- dian Spring and Mcln- tosh re- serves in Butts County. Commis- sioners to appoint a Surveyor. Manner in which the reserve shall be laid off . 264 LANDS.-^1827i square there shall be laid off two successive ranges of lots persons bidding fo» a lot or lots, and failing on the same day containing two acres each, as nearly as is consistent with to comply with the provisions of the fifth section of this act, wmpfy'0 > uniformity, intersected by streets or avenues of not less than shall forfeit the right of having any further bid or bids cried thirty-three feet in width, and running due east and west, by the commissioners, and the said commissioners shall on any further north and south, at right angles to each other, throughout the next day,of sale put up and offer said lot or lots* for sale,bl as soon as the surveys contemplated by this acj; said commissioners shall neglect or refuse to make return "S,1" Selots are completed and plans thereof made out, proceed to set and pay over to the treasurer of this State, within thirty days, dlanlpdng UP an(^ expose tosale the whole of said lots, except.number the money which he or they may have received for the use . reserve. ° one,'in the Indian Spring Reserve, first giving thirty daysy, of the S{ate, together with the account of sajes of said lots, Proviso, notice thereof in all the public gazettes of this State : Pro- according to the provisions of this act, it shall be the duty vided, nevertheless, that if in the opinion of said, commjs- of the comptroller general of this State immediately to sionej-s or a majority of them, the State's interest in the said issue execution against each defaulting commissioner or lots should seem likely to be sacrificed for the want of de- commissioners, ,and his or their security, for the penalty of mand or bidders, or for any other cause, it shall be the duty their bond, directed to all and singular the sheriffs of. said of said commissioners to suspend the sale of the lot or lots State, which execution shall be in the usual form, and shall for which fair prices cannot be had, until some future day or have.the same force and effect of such a writ when issued days of sale, as they may think proper, after the like publi- pursuant to the judgment pf a coprt^of record ; but this cation of notice to order. ' 1 summary process for detaining money .shall in nowise ex- ehaserUto § it further enacted, That the highest bidder empt either of said commissioners from an action at law payTo1 the for any lot or lots authorized to be sold by this act shall be or pquity for any other malfeasance in office. ' L ' the purchaser, who shall on the same daj^ pay to the-com- ' IRBY HUDSON, fifth of the missioners aforesaid one-fifth part of the purchase-money in Speaker of the House of Representatives, moneyf" cash, or in current bills of chartered banks 6f this,State, on ' THOMAS STOCKS, ( sionersVo the payment of which the said (iommissioners, or a majority President of the Senate. giveTcer-of' them, shall give to such purchaser a certificate stating Assented to, December &2d, 1829. • tificate. tjje amotint paid, and the amount of the said purchase-mo- JOHN FORSYTH, Governor. . qey then due and to be pa,id in four equal annual instalments; ' _! which said certificates shall be transferable by written m ACT t0 authorize the Governor and Secretary assignment. And ,any purchaser tailing to pay any instal- , c>. . . , .j .- , *1^1 merS to the treasurer of the State within sixty days after *<> correct any errors that may have taken place, the same becomes due, shall forfeit the amount paid, and m may hereafter take place, in issuingany grantor the lot or lots so*purchased shall revert to and become the grants in any of the Land Lotteries oj this state. When last properly of. the State. When the last instalment is paid, or Be it enacted by the Senate and House of Represen-^^ is^aidThe wbenever the purchaser pay^ the whole purchase-money for tatives of the State of Georgia, in General Assembly met, secret purchaser such lot or lots, agreeable to the bice of said certificate given and it is hereby enacted by the authority of the same, That receive"10 by the commissioners aforesaid, it shall be the duty of his from and after the passing of this act, the Governor and corr^ of excellency the Governor to cause a grantor, grants to be Secretary of state shall be authorized and required to havering payment o out jn name 0f the holder of said certificate, agree- any error or errors that may have taken place, or may here- 8ranU' ably to the laws now in force regulating grants ; which said after take place, in issuing any grant or grants for any lot or grant shall be delivered tofthe holder of kaid certificate on lot's of land in any of the aforesaid land lotteries of this ' his or her paying into the treasury of this State the sum of State, when the same may be presented at the proper offices four dollars and fifty cents. _ for corfectiori ; any law to the contrary notwithstanding. Provision if § 6. And be it further enacted., That if in laying off said ( ' IRBY HUDSON, fines°[nter! reserve any the hnes intersect or strike the public build- Speaker of the House of Representatives. strik"he 'n£s *n suc^ manner as t(i divide the same into two or more THOMAS STOCKS, public1 6 lots, all the lots so separating and dividing the building im- President of the Senate, buildings, provements, shall be set up and sold together. Assented to, December 22d, 1827. § 7. And be it further enacted, .That if any person or t JOHN FORSYTH, Governor. LANDS,—1827/ 265 fvo.737.] AN ACT to legalize and make valid a certain Grant of Land, heretofore issued to Robert A. Beall. A grant for Be it enacted by the Senate and House of Representatives dred'acres °ftlie State °f Georgia, in General Assembly met, and it of land in is hereby enacted by the authority of the same, That a cer- County! in tain grant for one hundred acres of land, lying in the county name ofe Warren, which was issued on the nineteenth day of May, wuiiam eighteen hundred and seventeen, under the authority of Governor! William Rabun, President, and Commander-in-Chief of the was omit- army and navy of the State of Georgia and of the militia vaiid?ade thereof, but to which grant the signature of the said Wil- liam Rabun was omitted to be affixed, shall be held and con- sidered as legal and valid to all intents and purposes as if the signature of the said William Rabun had been affixed; any law, usage, or custom to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1827. JOHN FORSYTH, Governor. [no.738.] AN ACT to rent certain Reserves and Improvements in the late acquired Territory, for the year eighteen hunr dred and twenty-eight. The Go- Be it enacted by the Senate and House of Representatives appoint0 °f the State of Georgia, in General Assembly met, and it is slonersto hereby enacted by the authority of the same, That so soon jentoutthe as this bill shall become a law, there shall be appointed by &c?forS'the Governor one commissioner fot the counties of originally year 1828. Lee, Troup, and Muscogee, including the reserve at the old Agency in Houston and Dooly; and one commissioner for the counties of originally Coweta and Carroll; whose duty it shall be to rent out the reserves, ferries, and im- proved fractions in said territory which may not be other- wise disposed of by the present Legislature. Time fixed § 2. And be. it further enacted, That said commissioners for renting. on or before the first day of February next, rent out to the highest bidder all reserves, ferries, and improved frac- tions as aforesaid. Commis- § 3. And be it further enacted, That it shall be the duty appohiuhe sad<* commissioners to appoint one or more places in each places, county where said reserves, ferries, and improved fractions o renting, rente(j out. said commissioners giving at least twenty days' notice in all the public gazettes of Milledge- ville and Macon of the time and place of such renting ; and To give said commissioners giving, previous to entering on the dis- security to charge of their duties, bond and security in the sum of vernorin *en t^lousan(^ dollars each, to his excellency the Governor the sum of and his successors in office, for the faithful performance of $10,000. their duties as commissioners. for rent&C' § ^ further enacted, That all notes given for when made rent of said reserves, ferries, and improved fractions payable, shall be made payable on the twenty-fifth day of December, eighteen hundred and twenty-eight, with approved security, to his excellency the Governor, and his successors in office, which said notes shall be filed in the comptroller's office on or before the first day of next April, up to which time it may be lawful for said commissioners to rent privately any of the improvements aforesaid, at the minimum prices, which had not been rented at the public renting. Compensa- § 5. And be it further enacted, That said commissioners commis-the receive 6ye Per cent. each, on the amount of notes Bioners. taken by them respectively in their several sections, and returned to the comptroller as aforesaid, as a compensation for their services, to be retained out of the notes given by the persons renting reserves, fractions, and ferries, as afore- said. How com- § 6. And be it further enacted, That the comptroller peusated. gefleral and he is hereby authorized to transfer to said commissioners, noted-to that amount, returned by them re- spectively. § 7. And be it further enacted, That if any lessees shall The Go- be obstructed in taking possession of any of the lands before causeob^ leased by them, the Governor shall cause the same to be re- moved, and the party renting put in possession, and pro- and the' tected therein against any one who shall unlawfully oppose fn^pmln Said possession. possession. § 8. And be it further enacted, That if any one should Penalty on refuse to give possession to the lessee on demand, said les- f„srfng to'6" see shall recover by distress warrant, monthly, double the g>ve pos- amount Of said lease from the person so keeping posses- the^iesusee. sion. § 9. And be it further enacted, That said commissioners a mini- shall, by inspection or otherwise, ascertain as nearly as they ""be seton conveniently can, the real worth of said reserves, ferries, Japnd|.'c and improved fractions, and place a minimum price thereon, rnes' under which said reserves, ferries, and fractions shall not be rented. 6 10. And be it further enacted, That if any person shall The mini- J ^ P p A1 , mum price occupy or continue in possession of any of the above re-10 be coi- serves, ferries, or fractions, which did not command the mi-J^p.^ nimum price, and upon their refusing to give note and se- who re- curity for the same, it shall be lawful for said commissioners possesion, to make out an account for the same against said occu- andn^® of pants in the name of the Governor of this State, and present collecting the same to. any justice of the Inferior Court for the county, "• if beyond the jurisdiction of a justice of the peace, other- wise to a justice of the'peace, whose duty it shall be to issue instanter a distress warrant for the same, which may be levied on any property of the occupier. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. AN ACT to sell and dispose of the State's interest in [no.739.] Lots of Land in tjie late Purchase, which have been or may hereafter be relinquished to the State, and such • as have been, or hereafter may be condemned as frau- dulently draum in the aforesaid Purchase. Be it enacted by the Senate and House of Representatives The She-^ of the State of Georgia, in General Assembly met, and it is Lea"-1 ie hereby enacted by the authority of the same, That the sheriffs in the several counties of the late acquired territory quired to be, and they are hereby authorized and required to adv.er- SSin- tise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the State's interest in the lots qjshed, of land which have been or hereafter may be relinquished f^na^' to the State, and also all the State's interest in the lots of lemiy land which have been or may hereafter be condemned as drawn" fraudulently drawn in the said purchase, at such times as his excellency the Governor may prescribe. § 2. And be it further enacted, That whenever the said sheriffs shall receive instructions from the surveyor to sell in regard to any lands or lots' of land as aforesaid, it shall be their duty said sale*' to advertise in two of the public gazettes of this State, and also at the court-house in the county where the land lies, at least thirty days before the day on which said lots are to be sold, setting forth the number and parts of such number, ' together with the district and county in which each lot may lie, together with the number of acres ; also, the hours on which the sale will open and close. § 3. And be it further enacted, That the highest bidder The pur- for any of the aforesaid lots, to which the State of Georgia Jaytheto has a right, shall pay to the sheriff aforesaid one-fourth of ®0hue$f®"e" the purchase-money in cash or current bank bills of this the pur- State ; on the payment of which the said sheriff shall give neyfo"10^ cash. 266 LANDS,—1827. Sheriffs to to suqh purchaser a certificate gating .the amount paid and ^ctue.cert'* the amount of such purchase-money then due and to be Proceedsof paid in three equal annual instalments, to be paid to the •ale made a r « ■ • « A i . * t ^ part of the treasurer of this btatp, and to. be, attached to and form a Fund?1^ Part of the academy fund of this State.. . Failing to - § 4. And be it further enacted, That if any purchaser ■tahnent!"" ^ to Pay 4'ie treasurer of this State any instalment at ^®e,rat'^ the time the same may become due, or within sixty days the state, thereafter, he shall forfeit ,the sum so paid, arid the land shall revert to and become the property of this State, and be subject to be again sold, as hereinbefore directed. iMueufthe > § J^n(^ it further enacted, That when the last in- bolder on stalment shall have been paid, agreeable to the said certifi- the'iast^n- cate ^ven by sheriff aforesaid, it shall be the duty of" the staiment. Governor to cause a grant to be filled' up in the nariie of the holder of said, certificate, on his or their paying the sum of six dollars. . , ■ , , * . Georgia the amount fot which the territory so held and granted may have been sold by the United States. ; , , IRBY- HUDSON, Speaker of the House of Representatives. ' , THOMAS STOCKS, President of the Senate,. Assented to, December 24th, 1827. JOHN FOftSYTH, Governor. Grantjfee «6. The She- riffs to make re- LTeasurer within sixty -days, §6.*And be it further enacted, That within sixty days; after the sales of said lots the sheriffs aforesaid shall make ^Treasurer6 a rePort °f their proceedings to the treasury of this State, and pay over to him the, money received, and.deposite ,a- schedule of the lots Sold, the amount of sales, cashNreceived, balance due for each lot, and from whom due ; and the sheriff shall receive as compensation for his service^ five per cent, on the amount received, to bp drawn for by warrant from the (governor on the treasurer of this State.. \ , IRBY HUDSON, Speaker of the House of Representatives. ; , THOMAS STOCKS,, ,,, President Of the Seriated Assented to, December 24th, 1827. ' • JOHN FORSYTE, Governor/ [no.740.] AN ACT to prevent the surveying or granting of certain Lands, either under Head. Rights or in any other■ way; and for other purposes. Preamble. Whereas, the dividing line between the State of Georgia and Florida has not yet been run and marked, bufVhen run, must be from the head or source of St. Mary's river straight to the confluence of Flint arid Chattahoochee riyers; and whereas, it is believed that the said line must and of right ought to commence from the head or source of the south branch of St. Mary's river, in which event a, large portion of territory will be included within the limits of Camden, county, and subject to be surveyed and granted as vacant lands; v ; Be it therefore enacted by the Senate and, House of Re- preservatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the, authority of the same, That it shall not be lawful for any portion of the' territory lying between a direct line from Ellicott's rnound,.upon a north branch of St. Mary's river, to the junction of the Flint and Chattahoochee rivers, and.the dividing line which may hereafter be run and marked between ,the State /of Georgia and Florida, to be surveyed and, granted as,vacant land, or in any other-way, of for any other purpose, until., provision therefor shall be made by law ; and thaVall &ur- veys which shall be so made shall be, and the same are hereby declared null arid void. ' • - § 2. And be it further enacted by the authority aforesaid, That when the said line shall be run and marked, if any por- tion of territory shall be included within the State of Georgia which may be claimed and held under and by virtue of a grant or grants from the United States, upon purchases made previous to the passage of this act,i then and in that case the said grant or grants ghall be, and they are hereby declared good and valid to all, intents arid purposes ; Provided, the United States shall, arid do within two year3 from the time of running and, marking: said line, pay to the State 'of No portion of the terri- tory from Ellicott's mound to' the June- tion of the Flint and Chattahoo- chee, &c. to be sur- ▼eyed and granted as vacant land. Provision in case any portion of ■aid terri- tory is in- eluded within the limits of Georgia. Proviso.' AN ACT to. give to informers, under the laws of this [no.74i.j State disposing of the late acquired Territory, who nidy take out of office the, grant for Lands drawn in consequence of fraudulent returns, thei preference, ' where there may be several sci: fas, filed in any of the' Courts of this State, against the "same defendant or - defendants. . . Be if enacted by the Senate and House of Representatives Where of the State of Georgia, in General Assembly met, and it is geverann- hereby enacted by tM authority of the same, That from and formations after the passing of this aGt, that where there may be filed Sde^ . in any of the Superior Courts of this State, several infor- [hetnform- mations or. writs of sci. facias at the instance of different er who informers against tliesame defendant or defendants, under and th^gra«tt by virtue of the. twenty-first section of an act passed ninth June, eighteen huhdred and twenty-five, to dispose of the to the pre- late, acquired territory, that in all such cases the informer ference*. or informers who may have' taken but of office the grant for Jhe land so returned as being fraudulently drawn, shall be" entitled to the preference in proceeding against said de- fendants ; and all other scire facias against the same defend- ant or defendants shall be suspended until the sci. fa. of the >informer or informers so taking out, the grant shall be first-disposed of. V§ 2. Be it further enacted by authority of the same, in case-or That in.all cases where there may arise any contest between the several informers as to the fact of taking out of office the grant to. the land returned, the certificate or certificates oftakm? of fhe, secretary of state, surveyor general, comptroller °ruatn'tJiehoff general, _ori treasurer, certifying by whorii said grant was decided, taken out of office, shall be held, received, and deemed by said court as good and sufficient evidence as to the taking out of office such grant by the informer; and in case it Whenitr shall appear that the grant to any lot of land,.returned as aforesaid, has been taken out 'of office by .any person other out of thari an informer, then the informer first filing his informa- tion shall, be entitled to proceed first against the defendant °[fe£. or defendants. er. § 3. Be it further enacted by authority of the same, Provision' That in all'cases where the person or persons taking out ^n * the grant to any such lot of land drawn as aforesaid shall fail to proceed against the drawer of the same or the defendant, shaiifaii by filing his information or sci. fa. in the office of , the clerk of the Superior Court where the land lies, within two rnpnths after the date of such grant, then and after that time, the informer first filing his sci. fa. as aforesaid shall be entitled first to proceed'against the drawer or drawers, or defendant or defendants in such case, in preference to all other ( informers. *- , , ' ' '§ 4'. Be it further enacted, That all laws or parts of laws repugnant to this act be, and the same are hereby re- pealed. , IRBY HUDSON, Speaker of the House of Representatives. . ; ' THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1827. JOHN FORSYTH, Governor. AN ACT to dispose of the residue of Lands heretofore [no.742.1 reserved for the use of the Slate. . Be it enacted by the Senate and House of Representatives LANDS.—1827. 207 rive com- of the State of Georgia,in General Assembly met, and it is §6. And be it further enacted, That when the last instal- When last totenp6-'8 hereby enacted by the authority of the same, That there shall ment is paid, agreeable to the face of said certificate given l^idTa* pointed by be elected by joint ballot of the Legislature during the pre- by the commissioners aforesaid, it shall be the duty of his grant to ine Legis- 4 • n •• •• /»» .. . ^ * issue loth® laturetu sent session, five commissioners, they or a majority of whom excellency the Governor to cause a grantor grants to be holder of fractions, shali P™ceed, agreeable to the provisions of this act to sell made out in the name of the holder of said certificate, agree- onpayment &c. the fractional parts of surveys, reservations, and islands able to the laws now in force regulating grants, which said of $4 50. within the State which have not heretofore been sold,* or grant shall be given to the holder of said certificate or cer- which may have reverted to the State by the default of tificates, on his or her paying the sum of four dollars and former purchasers thereof, which said fractions, reserved fifty oents into the treasury of this State for office fees. Whereto lands, and islands in the Chattahoochee river shall be sold § 7. And be it further enacted, That any person or per- Persons when'ton<^ at ^ town Mil'edgeville, commending'on the first Mon- sons bidding for fractions, lots, or islands, as aforesaid, and fainng8to"d commence, day in November next, and continue from day to day (Sun- failing to comply with the provisions of the fourth section of comply, to days excepted) until all the' fractions, reserved lands,, and this act, shall forfeit the right of having any further bid or SghTofSny Proviso, islands in the Chattahoochee river, are sold; Provided, bids cried by the commissioners; and said commissioners further bid. that nothing in this act shall authorize the commissioners shall on the next day of sale put up and offer said fraction, aforesaid to commence said sales at an earlier hour than ten lot, or island for sale as though it had not been previously o'clock in the forenoon, or continue beyond the hour of two bid off. Proviso, o'clock in the afternoon; and 'provided, that no fractions, §8. And be it further enacted,That the surveyor general The sur- lots, or islands forfeited shall be resold by said commission- shall furnish the commissioners, twenty days previous to the neraUo8* ers, until after the said commissioners shall have sold all commencement of said sale, with a map of the aforesaid ^mmis^8 other fractions, lots, and islands ; and provided, nothing in fractional surveys and lots intended by this act to be sold, sioners this act shall be so construed as to authorize the selling of with the number of each lot of land joining said fraction ; ^ap,&c. any fractions on the Florida line. for which he shall receive an adequate compensation, to be Oommis- §2And be it further enacted, That the said commis- provided for by a future Legislature. givefbond doners shall, before they enter on the duties required of § 9. And be it further enacted. That the said commis- The man- andsecu- them by this act, give bond with two or more good ,and sioners shall commence the sale of said fractions, lots, and w^chthe $10,000. sufficient securities in the sum often thousand dollars each, islands aforesaid, by offering for sale the lowest numbered payable to his excellency the Governor for the time being fraction in the lowest numbered district in numerical order, beoffered and his successors in office, which said bond shall be taken and the said commissioners shall receive for their services f°rsa'e* by the Governor or any two or more justices of the Inferior four dollars each per day, for the time they are employed in Court where the said commissioners may reside, which said discharging the duties required of them by this act. To take an bond shall be deposited in the executive office; and the § 10. And be it further enacted, That the said commis-Commis- oath* said commissioners shall moreover take and subscribe the sioners shall advertise in one of the public gazettes of Sa- advertise following oath, to be endorsed on the back of said [bond] vannah, Augusta, Milledgeville, Athens, Darien, and Macon, their sale The oath, book : " I do solemnly swear that I will faithfully perform sixty days before the commencement of said sales, the time slxty ays" all the duties required of me as a commissioner, agreeable of their commencement, specially pointing out the days on to the true intent and meaning of the act authorizing the which the fractional surveys, lots, and islands in each dis- sale of fractions, reservations, and islands in the Chattahoo- trict will be offered for sale. chee river ; that I will make a just and true return of my pro- § 11. And be it further enacted, That the certificates Certmcates ceedings ; pay over to the treasurer of this State, all moneys granted under this act shall be transferable, and any legal hie?86™* received by me on account of said sales ; and deposite in the holder of any certificate for any fraction or fractions, lot or cpmptroller general's office a correct account of all such lots, island or islands shall be authorized, on paying into the a grant ou sales, within thirty days after the expiration of said sales." treasury of this State the full amount of the purchase-money, ^"mount The Go- § 3. And be it further enacted, That his excellency the to have the interest of the amount unpaid deducted from the of the pur- IppSa Governor be, and he is hereby authorized, previous to the day original amount, and on producing the treasurer's receipt he ney. w^avoff of sale, to appoint some fit and proper person or persons to or she shall be entitled to receive a grant or grants for the the re- sqrvey and lay off into tracts of two hundred two and a half same, on the payment of the office fees provided for by serves, &c. acreg the three reservations of Michel, Buch, and this act. James Barnard, the reservation at the Old Aaency, on § 12.> And be it further enacted, That this act shall not Reserves Flint river, and Marshall's reserve ; and where the said re- be so construed as to embrace any lands or reserves at Mil- J^ed. . serves cannot be laid off into square tracts, the fractions so ledgeville, Macon, the reservation at the Coweta falls on the made shall be attached to and sold with the lot or square Chattahoochee river, or Mcintosh's reserves, in the county tract of land adjoining the same, and the Mcintosh re- of Butts. ^erve on the Chattahoochee river shall be sold in two sepa- IRBY HUDSON, rate lots or tracts as the same is now divided by the river Speaker of the House of Representatives, aforesaid. ' THOMAS STOCKS, Purchasers §4. And be it further enacted, That the highest bidder . President of the Senate. fifihaof°the for any fraction or fractions, lot or lots of lands, or islands, Assented to, December 22d, 1827. money hi authorized to be sold by this act, shall be the purchaser, who JOHN FORSYTH, Governor. cash. shall pay to the commissioners aforesaid one-fifth part of the — purchase-money in specie, or current bills of any chartered AN ACT to seu and dispose of the State's interest in rN0.743.] ST.™ » b.ank ,n thls 'State'on «he payment of. which the said commis- ^ of ianrf whkh hme gr hereafter be "Tfi™ V a™?Jor"y ol 'hem,shi0 S,ve.such a condemned as fraudulently drawn in tlw Counties of nncate. certificate stating the amount paid, and the amount of said T n/r , J • & . m purchase-money then due and to be paid in four equal an- Lee, Muscogee Marion, Harris,Talbot, Troup, Mer- nual instalments. nwether, Coweta, and Carroll. in case of §5. And be it further enacted, That any purchaser failing Be it enacted by the Senate and House of Representatives The She-^ payanyTn-to Pay any instalment to the treasurer within sixty days after of the State of Georgia, in General Assembly met, and it is "aid land. wheTdue. ^ same becomes due shall forfeit the amount paid, and hereby enacted by the authority of the same, That the she- en ue* said lands shall revert to and become the property of the riffs of the aforesaid counties be, and they are hereby au- Slate. thorized and required to advertise and expose for sale to L12 263 . lands.—1828, the highest bidder, agreeable to the. provisions of this act, fill what islands remain unsold,,the J°Si the State's interest in lots of land which have or may here- county be, and he is hereby requi n - and sumr ' after be' condemned as fraudulently drawn in the above- nient, to proceed to ascertain and survey the unsold islands, theW named counties. - and make a true return of such survey (before the time To^adver- § 2. And be it further enacted, That it shall be the duty specified for- the sale of the same), to the sheriff afore- Mies thirty of the sheriffs aforesaid to advertise in two of the public said. % # . * ' , m, . r S-a ™ „ "w- gazettes of this State, and also at the court-house in the §3. Andbe itfurther enacted; That the shenff albresatd Ttea. , county where the land lies> at least thirty days before the shall make a!nd execute titles to the purchaser of said is ands, cute title, day on which said lots are to be sold, setting forth the num- «Pon the purchaser paying into bis hands^ one-fifth of the ber and part of such number, together with the district and purchase-money, and a bond with approved security for the county in which each lot may lip, together with the number payment of the balance of said purchase^money, to be paid of acres : also the hours on which the sale will open "and in four annual instalments, which money when paid shall dose. * . ' . be by, the sheriff paid into the treasury of this State, after The pur- • § 3. And be it further enacted, That the highest bidder deducting the usual fees for surveying and selling the same. S7S? . for any; of the aforesaid lots, to which the fState of Georgia § 4. And be it further enacted, That all laws and partsof fifth m a right, shall be the buyer, who shall pay to the sheriff laws militating against this act be, and the same is hereby aforesaid one-fifth of the purcfiase-money in cash, or current repealed. ibnv unhoAw bank bills at par, on the payment of which the said sheriff v r . , N . IRBY HUDSON, the she- shall give to such purchaser or purchasers a certificate, ' Speaker of the House; of Representatives. ac«ti-iye stating the amoup't paid, and the amount of such purchase- . ' , THOMAS STOCKS, fieate. ' money then due and to be paid in four equal annual install \ ' / > President of the Senate. ments, to be paid to the treasurer' of the State of .Georgia. Assented to, December 22d, 1828. :• in case of. §4. And be it further enacted, That if any purchaser or s . JOHN FORSYTH, Governor, pay any in-purchasers shall fail to pay the treasurer ■ of this State any ■ , r . . '—. ^ btainieut.. instalment at'the time the same may become due, within AN ACT to] authorize the Justices of the Inferior Court I no.745.] sixty days thereafter he, she, or they shall forfeit the sum - of Jefferson County to sell apd dispose of the lot of paid, and the land revert tq and become the property of the . land in the town of Louisville on which the, old Court- State. ' , house and Jail stands, together with said Court-house instalment § 5' And be it further enacted. That when the last instalment . and Jail, also to levy an extra tap for the, purpose of is paid a 'is paid, agreeable to the facb of the certificate given by the building a Jail for said County. ' fssue.'0 sheriff aforesaid, it shall be the duty of his excellency the Go- Be it enacted by. the Senate and House of Representatives The Me- Grant fee vernor to cause a grant to be filled up in y. the name of the. 0f the State of Georgia, in General Assembly met, and it is ™jejgn holder or,holders of said certificate, on his, her, or their payn enacted by the authority of the same, That - the jus- County au- mg the sum of four dollars to the treasurer.. . ,tices 0f the. Inferior Court of the county of Jefferson are fteu wheSo § 6* And befurther enacted, That within forty days after Hereby authorized to sell and dispose of the lot of land |» make their the sales of said lots, the sheriffs aforesaid shall make a jn the town of Louisville upon which the- old court-house which the report. ^ rep0rt of the proceedings to the treasurer of the\State of and> jail stands, together with said old court-house and Georgia, and pay over the money received, and. deposite a jail, in -such manner and upon such terms-as will in their jail stand, schedule of lots sold, the amount of sales, cash "received, opinion command the' best price ; apd the amount of said balance due for each lot and from whom *, and the sheriff saje shall be by them applied ^or arid towards building a S?of?5" ^ receive as compensation, for his services five per cent., new jaij foli gaid COUnty.' - " ■ . " - ' Sherifis. . on the amount received, to be drawn by.warrant frorri his ' § 2. And be itfurther enacted by the authority aforesaid, Said Court .' , excellency the Governor on the treasury of this State". That the said justices ;of the .Inferior Court be; and they are JSJ? when,sales § And be it further enacted,. ,That the sheriffs afore- Hereby authorized to levy ari extra tax on the inhabitants of ex^I|ax 19 made.be, - enter on the duties required of them by this act said! county , subject to "taxation, until they shall raise an building immediately after the first day of May, eighteen hundred amount sufficient, with the proceeds of the sale of the bid ajaU" and twenty-nine, for all such lots as may have been con- court-house and jail, to build a good and substantial jail ... demned and partitioned, and all such lots as there has been f0J. sajd county, which tax shall not exceed in any one no judicial decision and partition within sixty days after 7ear fifty per ceni. on the general tax of said county. - such decision and partition agreeable to law. , * §3. And be it further macted by the authority aforesaid, . ; IRBY HUDSON, That said extra tax shall be collected by the tax collector or in eoi- Speaker of the House of Representatives. 0f - said county for the time being, he having given bond1£ingtti > , ' THOMAS STOCKS, aTld security to the said court for the faithful performance * _ _ . President of the feenate. of his duty, whose duty it shall be to pay over the same, Assented to, December 20th, 1828. ' when collected, to the said court, to be appropriated by ^ JOHN .FORSYTH, Governor, 'them for,the purpose aforesaid, after deducting the usual - 1 ~ ' per centum for collection. . [nd.744.] AN ACT to be entitled An Act tQ survey and dispose • IRBY HUDSON, > of all the unsold Islands in the Ocmulgee river adjoin- * J Speaker of the House of Representatives. ing the counties of Monroe and Jones. > 1 THOMAS STOCKS, Be it enacted by the Senate and House of .Eepreeenla- ' . ' President of the Senate. County to lives ^ of the State,of Georgia,,. in General Assembly met, Assented to, December _ , lndeseuthe and &ls herebyencLcted by the authority of the same, That 1 " ' . , JOHN FORSYTH, Governor. nH the sheriff of Jones coupty he, and he is hereby authorized A^m/ 7 ' m-n , ri r * r > i • rvn 746.1 joining to advertise thirty days before the next day of sale, and ex- ACT to make valid the Title to all Lots of Land in t ' and" Jones Pose to sale on the first Tuesday in March next, all the thefirst District of Muscogee County, tforwhich Grants « unsold islands lying in. the Ocmulgee river adjoining the issued previous, to the resurvey of said District; and counties of Jones and Monroe, known by the name of the t0 make valid all Grantsn which have issued for Frac- * Long Shoal Islands. 1 . tions, and all draws of Fractions which were put into tysu£°un" § 2' And be ^farther enacted by the authority aforesaid, the wheel and draum as whole lots; and to provide vejror of That the better to enable the sheriff aforesaid to know for the resurvey of such narts of said District as have LANDS.—1828. 269 not been surveyed, and to compel the Fraction-selling Commissioners to compare their Advertisementsfor the sale of Fractions in said District with the List of for- tunate Drawers in the Executive Office, and strike from the Advertisement all such numbers of Fractions or Lots as may have been drawn by any individual, and proceed to sell the balance of the Fractions in the order of their Advertisement. the i!rat'n enac^ % ^ie Senate and House of Representatives district of of the State of Georgia, in General Assembly met, and it is issued'pre- hereby enacted by the authority of the same, That all arid vious to every grant or grants, of which have been issued for any lot vey made" or l°t3 °f land in said district previous to the resurvey of said valid- district, are hereby declared to be good and valid to granter for such lot of land, notwithstanding the marks and num- bers may have been altered by the resurvey. fractions* § it further enacted, That all grants which issued , also valid, for a fraction in said district previous to its resurvey, and all fractions which were drawn as whole lots, are hereby de- clared to be good and valid, and shall be deemed and taken as legal to all intents and purposes. What "to § 3. Be it further enacted, That when it shall be ascer- whenany tained that any part of said district has not been surveyed dutdctTas at a^' ^ counly surveyor shall proceed, under the direction not been' of three or more justices of the Inferior Court of the county surveyed. -m wjjich such deficiency may exist, to trace the resurveyed lines of said district as far as they extend^ and shall run them, out in the direction of said resurveyed lines, plainly marking and numbering the lots in the manner pointed out by law. ' tiolf sehln § ^nd be it further enacted, That immediately after Couimis" the passage of this act, it shall be the duty of the fraction- strike'Vom selling commissioners, to compare their advertisements for theiradver the sale of fractions in said district with the list of fortunate . suchftac- drawers in the executive office, and strike them from their " may8have advertisement all such numbers as may have been drawn by - beendrawn any individual, and proceed to sell the balance of the frac- * trict"ddls" ti°ns in order of their advertisement. "' ' . IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Assented to, November 21st, 1828. JOHN FORSYTH, Governor. [no.747.] AN ACT to sell and dispose of Lot of Land number one hundred and three', in the sixteenth District of ori- ginally Henry, now De Kalb County, for the benefit of the State. Preamble. Whereas, the aforesaid lot of land was drawn by Elisha Haymom of the county of Burke, through mistake; and whereas the said Elisha did, by an act of the General Assem- bly passed on the twenty-third day of December, in the year eighteen hundred and twenty-two, relinquish all claim, in- terest, or title which he the said Elisha had in or to said lot of land, to the State of Georgia ; Thosiipriff Be it enacted by the Senate and House of Representatives roimtyftQb °f the State of Georgia, in General Assembly met, and it seii No. 103 is hereby enacted by the authority of the same, That from and 'tcenth dis- after the passage of this act, it shall be the duty of the sheriff Uimiii0ri of-the county of De Kalb to proceed to sell the aforesaid 1 Henry! lot of land at the court-house in said county,- by giving at least thirty days' notice thereof in two of the public ga- zettes of this State. The pur- § 2. And be it further enacted, That the highest bidder 'paySoU° f°r sa^ lot °f land shall pay to the sheriff aforesaid one- »fourth in fourth of the purchase-money in cash or current bank bills ' sheriirto of this State, on which payment the said sheriff shall give to ^*ataecer" such purchaser a certificate, stating the amount paid, and h the amount of such purchase-money then remaining unpaid, i, which shall be paid to the treasurer of this State in three equal annual instalments, and which shall be attached to and become a part of the academy fund of this State. § 3. And be it further enacted, That if the purchaser of in case of said lot of land shall fail to pay to the treasurer of this j^yanyV State any instalment at the time the same may become due, ®^^ll0 or within sixty days thereafter, he shall forfeit the sum or revert to sums so paid, and the land shall revert to and become the ,heState* property of the State. § 4. And be it further enacted, That when the last in- on pay- stalment shall have been paid, agreeably to said certificate given by the sheriff aforesaid, it shall be the duty of the Go- menta vernor to cause a grant to be filled up in the name of the f/jfJeto the holder of said certificate, on his paying the sum of four dol- holder- lars and fifty cents. § 5. And be it further enacted by the authority aforesaid, Thesheriff That within sixty days after the sales of said lot the sheriff his^report aforesaid shall make a report of his proceedings to the trea- surer of this State, with a schedule- of the amount of the i"sixty sale, balance due, andfrom whom, and shall also pay over the days' money received ; and the said sheriff shall receive as a com- His com- pensation for his services, five per cent, on the amount re- Pensatl0n- ceived and paid over to the treasurer, to be drawn for by warrant from the Governor on the treasurer of this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. AN ACT to extend the,Time for fortunate drawers in [no.748.j the Land latteries of eighteen hundred and eighteen, and eighteen hundred and nineteen, and eighteen hun- dred andtwenty-one,to take out their Grants; and to au- thorize any person to take out Grants in their own names after the time therein specified. Be it enacted by the Senate and House of Representatives Fortunate of the State of Georgia, in General Assembly met, and it is safdiottery hereby enacted by "the authority of the same, That all and ^ay take every person who was a fortunate drawer in the land lotte- grants un- ries, by authority of the act passed the fifteenth day of December, eighteen hundred and eighteen, and by authority ber, 1829. of an act passed the sixteenth day of December, eighteen hundred and nineteen, shall have until the tenth day of No- vember, eighteen hundred and twenty-nine, to take out his, her, or their grant or grants for the land drawn by him, her, or them for the same, on paying into the treasury of this State the sum of eight'dollars. § 2. And be it further enacted, That all and every person Fortunate or persons who wag a fortunate drawer in the land lottery, fhetoueiy1 by authority of the act passed the fifteenth day of May, in the year eighteen hundred and twenty one, shall have until the 25th of the twenty-fifth day of December, eighteen hundred* and ^c9ei?oer' twenty-nine, to take out his, her, or their grantor grants for takeout the land drawn by him, her, or them, agreeable to the pro- g^nte. visions of the twentieth section of the said act of eighteen hundred and twenty-one, on paying into the treasury the sum of., eight dollars. * § 3. And be it further enacted by the authority 'aforesaid, ^r0fh^-0. That after the tenth day of November, eighteen hundred vember, and twenty-nine, any person or persons, citizens of this ^sz|"|t°f State, who shall apply at the proper offices, may take out and may take receive in his, her, or their own name or names a grant or their118 grants for any lot or lots of land in the said lotteries, by authority of the act passed the fifteenth day of December, tery first eighteen hundred and eighteen, and by authority of the act passed the sixteenth day of December, eighteen hundred and payment of nineteen, which shall not then be granted, on paying into the treasury of this State the sum of one hundred dollars, including the usual fees. § 4. And be it further enacted by the authority aforesaid, 270 LANDS.—1828. AfteMhe That from and after the tenth day bf February, eighteen bun- AN ACT to sell and dispose'of the State's Interest in [no.760.j February, dred and thirty, it shall and may be lawful for any pel-son or square Tracts of Land not draum by any person in the Jame Say Person3' cit5zens of this State, who shall apply at the proper . late Land Lottery; aUo thes quare Tracts.given up by, he done on offices, to take out in his, her, or their, name or names, a the persons to whom they have been granted,or by whom gmentof grant or grants for any lot or lots of land, which shall not they may have been drawn, in exchange for Fractions then be granted in the territory named in the third section of in the nrsti district of originally Muscogee County. this dct, on paying into the treasury of this State the sum t>. 77 7« ^ * *- of fifty dollars, including the usual fees. ' . ' Be demcled l^the ^atemd Hmseof Repreu^aUj^f T^ foW6 ' § 6-- And be * father enacted, That from and after tbe^ °f ^ ^tate of Georgia, m General Assembly met, and it ,on May, '1830, tenth day of May, eighteen hundred and thirty, it shall and «? eVaed *». thee 'f¥nt> fn f"T,L' "i ,i 2SSS, XV may he lawful for any person or persons, citizens of this sher'ffs the counties of Marion and Crawford be, and they -State, who shall apply at the proper offices, to receive a grant are hf% ®ut^"2ed »!?. ret'u,r1ed *? "f"? Ta 'IT?,56 Sr"*or grants in his/her, or their own name for ahy lot or lots tb? h'gbest bidder, as herernaftdr directed, all Ihegy of land, in the before-recited lotteries in said third section of State's interest in the square tracts of land not drawn by any ,,,,^ this act, which Shall not then be granted, on paying into the **»<«">late land 'P0*resPect've treasury the sum .of. twenty-five dollars, including' the ties i als0 the square tracts given up by the personsto whom usual fees ' they have been granted, or by whom they have been drawn, 5M5R,'. § 6. And he it further tmuied, TI*M4iii,,ll'tl|i,.id/t^&'1,ft,i •in lbe firsl distrM of Musc°geetg lake out a shall be so construed, as to authorize any person or persons , T ^ ; ,7 i j , j7 a - ., tlons' CdXa *»' ^ive a grant for any lot 6f land drawn by any orphan, v § ?• 3 '" * ? foresaid, n* by-orphans, or family of orphans, nor shall the same be done/until three T ? , l ® du ^ °/ surveyor general to furnish neralt0 SS?£* years after the youngest of. said' orphans arrive at the age of the sher'ffs °f sa,d "Ith a" ^curate list of all the * J.™,fL twenty-one years, por to any lot's drawn by persons wlm are square tracts.of.land aforesa.d, numbered according to thejjj, purposes of deceased since said lotteries, where there is no administra- Fesebt Plat of *id district; and so soon as the sheriffs ££ -"«»»»•- tion on their estate, and where there is.not, until three years "foresaid shall receive the. said lists, it shall be their duty to Me from the said tenth day of May, eighteen hundred and thirty, a(lverJls® the same in the Columbus Enquirer, and also in their talM> ■ nor to any lots, number ten and one hundred, set apart for one of the public gazettes published at Milledgeville, at least the- purposes bf public education ; and th£t all grants that daH befoftf tbe d*y °? W !the said Ia?d are may issue contrary to the true intent and meaning of this act |° be stdd' setting forth: the number of said lots* also the shall be null and void : any law heretofore, passed to the hour on which the,said saje will open. .- contrary notwithstanding. § 3. Ana be it further enacted by the authority aforesaid, TheShe- 1 - IRBY 'HUDSON ' . That the said sheriffs shall sell the said lots of land upon governed - Speaker of the House of Representatives. ' samf tqrms, stipulations, and conditions, anil in all other THOMAS STOCKS " niatters in relation to .the said sale shall be governed by the asareww ^President of the Senate. directlpns and provisions of the act; entitled " An Act to sell SStrf Assented to,' December 20th, 1828. Varid di3P°?e of the State's interest in lots of land in the late 1827. JOHN FORSYTH Governor. P^chase, whichhave been or may hereafter be relinquished j_- ' ' ' to the State," &c., passed oh the twenty-fourth day of De- r_ftM«i iv aot i • * • • % i ' cember, eighteen hundred and twepty-seven. [no.749.] AJN AL/1 to provide jor giving possession to the pur- 1RBY HUDSON . chasers of the State's Interest in Lands sold in pur- Speaker of the House of Representatives. suance ofanActpassed thetwenty-seconddayofDe- THOMAS STOCKS cember, eighteen hundred and twenty-seven. • - President of the Senate. ofstat^rs ~^e ^ vuootod by the Senate and House of Representa- Assented to, December 20th, 1828; interest fn tives of the State of Georgia, in General 'Assembly met, - • ' JOHN .FORSYTH, Governor. inI1pursus' and it is hereby enacted by the authority of the same, That r —"— '. anceof in all cases where there-may be persons in possession of the AN ACT for the relief of certain drawers in the Land [no.751.J bepuUnto lands authorized to be disposed of by the above-mentioned . Lottery of eighteen hundred and twenty-one, in all S^th^she- ac^' w^10 may refuse to give possession to the purchasers of cases. / ' riff. the State s interest therein, it shall be the duty -of the sheriff Whereas, many mistakes from bad spelling, and tran-Prearablt- ;or deputy sheriff of the county where the land may be. si- scribing the names of persons entitled to draw or draws in tuated, upon the application of the holder of the certificate, the land lottery of eighteen hundred and twenty-one do to.cause forthwith the person or persons so refusing to be exist, to wit; in the counties of Dooly, Houston, Monroe, ' ejected ; and the party applying holding said certificate, to Henry, arid Fayette; for remedy whereof, v be invested with the quiet and peaceable ' possession of the Be it enacted by the Senate and House of Representatives The^0 ufe^teritf Pren?^es mentioned in said certificate ; and should said of the State of Georgia, in General Assembly met, and it is cause ail for refusing sheriff or deputy refuse or neglect to comply; upon proper hereby enacted by the authority of the same, That whenever to comply, application being made, he shall be liable on his bond to t^e it shall satisfactorily appear, that a mistake has been com- astn.6"'ia party applying for the damages 1he may sustain for.such re-' rnitted either by the commissioners, their clerks, or the per- the bona fusal or neglect. . . , , V son originally registering their name in the different coun- firdedtlW' Sheriff's §.2. And be it, further enacted, That the sheriff or de- tiesi it shall be the duty of his excellency the Governor, and a saldser- puty for carrying into effect the provisions of this act shall he is hereby required to order such alteration made, as will hywhom be en.t'ded ^ c'aim a"d receive from.the person or persons secure to the bona fide clrawer his or her right, his or their to be pUld. refusing to give-possession the sum of five dollars for his heirs or devisees, according to the. justice of the case and services, to be collected after the manner of collecting mpney the iruth of the matter, and all grants which may issue in under executioh in this'Statb. consequence of such mistakes to be hull and void ; JVo-'Pr0iris0' , 1 • IRBY HUDSON, aided, however, the holder of such grant or grants issued Speaker of the House of Representatives, through mistake, do return the same to the executive, and ,< THOMAS STOCKS, his excellency the Governor is authorized and required to President of the Senate* refund to such grant holder, the sum of money paid as Assented to, December 20th, 1828. office fees, and he shall then cause the true name to be in- JOHN FORSYTH, Govei;ndr» serted therein in thf» records of the different offices, which LANDS.—1828. 271 grants when so altered, shall be good and valid in law; any Proviso, thing to the contrary notwithstanding : Provided also, that nothing herein contained shall deprive the State of its proper fees, on the grant or grants that may be so corrected and issued from the proper grantee. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. £no.752.] AN ACT to alter and amend the first, fourth, and seventh Sections of an Act assented ■ to twenty-second day of December, eighteen hundred and twenty-seven, entitled An Act to dispose of the residue of Lands heretofore reserved for the use of the State. The Com- Be it enacted by the Senate and House of Representa- authorized tlves °f ^ie ®tate °f Georgia, in General Assefnbly met, and to continue it is hereby enacted by the authority of the same, That so tm four'63 much of the first section of the aforesaid act as requires the the after™ commissi°ners appointed to carry into effect said act, as ! noon. provides that the commissioners shall hot continue said sales 1 after two o'clock in the afternoon, be, and the same is hereby repealed ; and in lieu thereof, the said commissioners shall be authorized to continue said sales until four o'clock in the J afternoon. ■The Com- § 2. And be it further enacted by the authority aforesaid, ^requfre That so much of the fourth section of the aforesaid act as chaser'to'" renof this forfeit the right of having any further bid or bids cried by itthef°r 1^ie comrn^oners» a°d the commissioners may on the same ghtof day of sale put and offer said fraction, lot, or island for sale, rthp" h-Hfl as though it had not been previously bid off. ied. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1828. JOHN FORSYTH, Governor. '•] AN ACT more effectually to define the mode of per- fecting service on Persons whose Land may hereafter be returned as having been fraudulently drawn, within the Counties of Lee, Harris, Talbot, Troup, Marion, Merriwether, Coweta, Carroll, Randolph, and Camp- bell Be it enacted by the Senate and House of Representa¬ tives of the State of Georgia, in General Assembly met, and scire fa- it is hereby enacted by the authority of the same, That in b^LTvTd future wherever any person or persons' lands shall be returned {j®™"®"*. within either of the counties aforesaid as having been ing the"* fraudulently drawn and obtained, such fortunate drawer, or 2™fiSto- his or their lawful agent or attorney, shall be entitled to ser- ^°^0^gCe vice, either by being personally served with a copy of the scire facias, or by leaving the same at his or her notorious place of abode ; Provided, he, she, or they reside within Proviso. : the organized limits of this State, so that the same can be lawfully done: And provided further, that in all cases Proviso, where it shall be made appear to the court before whom such information and scire facias is triable, that such fortu- nate drawer or drawers have bona fide sold and conveyed said lands, then and in that case such bona fide owner of such lands shall be entitled to personal service of such in- formation, unless it shall be made appear, that such bona fide purchaser resides without the organized limits of this State, so that the same cannot be lawfully done. §2. And be it further enacted, That in'all cases where Duty of any defendant is entitled by this act to personal service, it inServing shall be the duty of the sheriff of the county in which such and re- , „ , • , | , turning the defendant usually resides to execute the same twenty days same. previous to the court to which the same is returnable, and to make a return thereof, by mail or otherwise, to the clerk of the Superior Court of the county in which such inform- ation is triable. 6 3 . And be it further enacted, That in all cases under Where ser- , 3 . . vice cannot the provisions of this act, where personal service cannot be be per- perfected, it shall be the duty of the court before whom g^y^e such information is triable to order service to be perfected same may by publication thereof, in one or more of the public papers pubfica-by of this State printed in Milledgeville, once a month for three l'°n- months, before the sitting of said court at which the same is triable. § 4. And be it further enacted, That in all cases where persons any person intends to return any tract of land as fraudu- J®*™ "J™8 lently drawn, before he shall be allowed to do so, he shall quired to first-give bond and security in the sum of five hundred dol- glve bon ,®air' ® ™'. a aers ' t ,°n'De staiinent'11" by the sheriff aforesaid, it shall bethe dutyof his excellency W.al.ton> wh°have Pa,d ■ntothetreaSuryone-half of tbegja ?,ment' the Governor to cause a grant to ,be filled up in the name Jf original purchase-money shall be indulged for the payment ^ . the holder of the said certificate, on his or their paying the ftr the principal due and owing op said porctose until the JJbfc- sum of four dollars ' -. first day of December next ;• Fromded, that all the afore-Crawford, Thesur- r 5 A d . .. further enacted That the siirvpvor treneral said Purchasers or holders of certificates shall, on or before jT£r; sha§„ rurf^ eLh^T^seStheT^f neXt pay into the treasury the &r|,- asaf" said with a copy-plat of the several fractional parts of sur- ipterest due on said purchase; and aU purchasers rffiee-jjA 2S-T veys of land which,remain in.the county of.yhich Ke'is shb- «ons, lots, or islands at any of the lalesaleS, lying and he-£*5, &T riff, at least twenty days'previous to the (lay of sale, fop >"g m any of the aforesaid counties, who have not paid any »dws. which hb shall receive an adequate compensation.;' money into the reasury for such purchases subsequentto • g£gr § 6. And boit further enacted, That the certificate-granted the sale of said lots fractious, or islands, shall be indulged I™ ? underfills act. shall be transferable, and any legal holder • . thereof, when the last instalment due thereon is | aid, shall ,the. fiflefr,th ^ of February next; Pramded - - be entitled .to a graritfor the same, on paying the Office fees that al1 !he 'as ;ment.oned purchasers or holders of cert.fi- as aforesaid • "\ , s cates, who shall, on or before the fifteenth day of February 58*54 § 7. And be it further enacted, That thd sheriffs afore^ »e3it' P»/ >nt» the . treasury one-half of the principal now "Sise said shall advertise, in one of the public gazettes, of- Mil- \due.' and tbe interest that may have accrued thereon, shall ?„1rthe,esiledgeyille, and at their respective court houses, at least indulged for the payment of the balance until the first — • thirty days before the day on which the fractions aforesaid, day of December nextrand all purchasers or holders.of and also all such parts of lots of land as have been forfeited bert>ficates °f lo!s- fractions, or islands who neglect or re- to the State as having been fraudulently drawn, will be of- .«>».to comply wifh the provisions of this act, the lots, frac- •fitted for sale, setting forth the number of said taction, the tl0?,s' or elands purchased by hnu or, them, or for which he district, the quantity of acres in each, and also the number, « may hold a certificate, suchlots, fractions, or islands ~ • the district, and quantity of acres in ehch- of saiff parts of shall be, and the same are hereby declared to. be forfeited lots of land as have been forfeited as aforesaid, the hours- «nd.reverted-to the State; and the commissioners appointed on which the sales will commence andclose. V under the act of tlfe twenty-second of December,^eighteen § 8. Andbe it farther enacted, That the sheriffs afore"- *™dfd.a?d Jwenty-seven, for se ing lots) fractions, and said shall, within forty days after their sales, make a report 'sIands belonging to'the State,, shajl proceed to sell all lots, T""w of their proceedings to the treasurer of this State,'and pay &netione, and islands-so forfeited and reverted to the State into the treasury the money received, and depokite a. scfie- a^ef !e ^o their advertisement. dule of the fractions sold, and* also of all such parts of lots' § I' An? ^ * further enacted, That the same: indulgence t of land forfeited as aforesaid, the amount of sales, cash re- ^ dl^ed ,and £ven to P^chasers of the State's interest in L ceived, and balance due for each fraction or part of lots for- ^ts which have been condemned as fraudulently drawn in p— Comp.nsa-'felted as aforesaid, and from whom ; and the said sheriff aforesaid, upon the terms and stipulations con- — Sheriffs.'116 receive as compensation for Bis services five per cent. ln ln ac^* „ ioli- on, the amount of money received, to be drawn for by war- •, ^ UDSOJN, rant from his excellency the Governor on the treasuryv of ■. Speaker of the Hduse of R^resentatives. this State: • ' THOMAS STOCKS, bondlnd § 9. And be it further enacted, That the sheriffsaforesaid a , ori. President of the Senate, security to shall, before entering on the-duties required by this act, Assented to, December 20th, 1828. . wrnorT to his excellency the Governor bond with approved se- JOHN FORSYTH, Governor, curity, irt'the penal sum Of ten thousand dollars, faithfully ' k Bonds to b®tG , urp. AN ACT to ascertain, dispose of, and appropriate the I*0-756-' Stolrj?s- the Governor be, and he is hereby authodzeffand^eqdred 7/7^ CoUn>V °fChatJ™m.> inferior1*e within sixty days after the passage of this act, to forward to ™st the proceeds of the same in certain charitable So- Court. the justices of the Inferior Court oft the several counties Cle^s- aforesaid bonds to be filled up in their presence, or in the Be it enacted by the Senate and House of Represerda-™^ presence of any two of them, by theTsaid sheriff; imme- tivesofthe State of Georgia, in General Assembly met, That and^jp- diately after which the sheriff-aforesaid shall immediately all the ungranted and unappropriated lands in the county of lands in proceed to the duties required by this act. ' Chatham shall be disposed of and appropriated, after the ^»lnhl'in„ Sauae!ins §11* Andbe it further enacted, That all laws'and'parts passing of this act, in the manner hereinafter pointed out. bedisH of laws militating against this act be, and the same are, § 2.' Be it enacted by the authority aforesaid,That William cimmie- hereby repealed. IRBY HUDSON, B. Bulloch, Isaac" Minis, "William T. Williams, Robert W.. • Speaker of the House of Representatives. Pooler, and Alexander Telfair be appointed commissioners, emr10^ THOMAS STOCKS, whose duty it shall be to employ a fit and competent sur-®u^vr. .* President of the Senate, veyor to c|esignate the metes, boundaries, and landmarks of^nftan/ Assented to, December 20th, 1828/ ' all the ungranted lands in said county, and to draft a correct Japofi)* JOHN FORSYTH, Governor, map of the said rrrnnfy ■t'Tiugiiitinrr iiiinli i i Proviw. given in LANDS.—1829. 273 Trustees of the Chat- ham Aea- demy to se- lectlive thousand acres. The sur- plus lands to be sold, and the in- terest of the money to be paid an- nually to the Free- School and Union So- cieties in the cify of Savannah. The Sur- veyor em- ployed by whom § 3. Be it enacted by the authority aforesaid, That within six monihs after said survey and map are completed, and no- tice thereof to the trustees, it shall be obligatory on the trustees of the Chatham Academy to select five thousand acres of said land for the sole uSe, benefit, and behoof of said academy, and for which they, the said trustees, shall be enti- tied to, and shall obtain a grant or grants of the same upon payment of the usual fees. § 4. Be it further enacted by the authority aforesaid, That the surplus ofJand vacant and ungranted in said county over and above the said five thousand acres aforesaid, shall be sold by the said commissioners aforesaid, and on such terms and at such times as may in the opinion of a majority of them seem fit and proper, and the interest arising from the purchase-money of said land shall be annually paid over to the treasurer of the county, whose duty it shall be to pay over the same in equal proportions to the treasurer of the Free-School Society in the city of Savannah, and the presi- dent of the Union Society, for the use of said corporations; Provided, no sale of said lands shall be made on credit, un- less good and sufficient security of personal and real estate be given to'said commissioners, to secure the payment of the principal and interest of the debt arising from said sale; And "provided also, that if the said lands be sold for cash or money, the said cash or money shall be invested in the stock of one of the chartered banks of the State, in the^fiame and for the use of the said trustees of the free-school in s.aid city aforesaid, and the president of the Union Society ; and the treasurer of said county is hereby directed and required to draw from said bank or banks the dividend arising from said stock, annually or semi-annually, and pay the same in equal proportions to the said trustees of said free-school and the president of the Union Society, for the purpose of educating any poor orphans within the county aforesaid, whose parents have died residents thereof. § 5. Be it enacted, That the said commissioners together with said trustees of the Chatham Academy, shall pay the surveyor employed, in equal proportion, the compensation which the said commissioners may agree and covenant with the said surveyor to pay for his services in making the sur- vey aforesaid, from the money arising from the first sale of said lands, or in any other manner they may deem just and equitable. § 6. Be it further enacted, That where any person shall ^™ionr_ be in fhe actual occupation of .said vacant lands, or pur- sons are in chased the Same and improved them, it shall and may be Joi^ofsBS lawful for the commissioners to appoint one disinterested ^anvdes'j^nd freeholder, and the persons in possession another, who, if proved" they do not agree, shall call in a third freeholder, and place lhera* a value on the said lands, exclusive of the improvements so made on them, and their judgment or decision shall be final and conclusive ; and the persons in possession shall have the right of purchasing the same at such valuation, and on such terms as the commissioners and the purchasers may agree upon. WARREN JOURDAN, Speaker of the House of Representatives. ' THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. AN ACT t° limit the Times of fraudulent Returns in the [no.757.] late acquired Territory. Be it enacted by the Senate and House of Representa- Time limit- tives of the State of Georgia, in General Assembly met, and fYtVayV it is hereby enacted by the authority of the same, That from July next, and after the first day of July next, it shall not be lawful for any lot of land to be returned as fraudulently drawn in the counties of Campbell, Coweta, Carroll, Troup, Merri- wether, Talbot, Marion, Lee, Harris, and Randolph; any law to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. LAND LOTTERY.—1820. [no.758.] All re- turns re- ceived by Richard Walker, under an appoint- ment of the Inferior Court of Appling County, declared valid. AN ACT for the relief of such Persons, inhabitdnts of the County of Appling, as were entitled to draws, may have given in for the same, and who maybe fortunate drawers in the Land Lottery authorized by the Acts of 1818 and 1819. ' Whereas, doubts have arisen as to the legality of the ap- pointment of the person who received and returned the names of persons, inhabitants of the county of Appling, enti- tied to draws in the land lottery authorized by the acts of the General Assembly of the State of Georgia, passed in the years 1818 and 1819 ; for remedy whereof, Be 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 all returns for draws in said land lottery, received by Richard Walker, Esq., under an appointment of the Inferior Court of said county of Appling, and which have been Returned to the Executive office of this State, shall be held, deemed, and considered good and valid to all intents and purposes, so far as relates to the supposed illegality of the appointment of the said Richard Walker, Esq., so made as aforesaid ; any law to the contrary notwithstanding. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. M m AN ACT to relieve certain fortunate Drawers in the Land Lottery just closed. Whereas, it is believed that many mistakes in entering and transcribing the names of persons entitled to draws in the lottery above alluded to, may or does exist, to wit; in the territory just distributed by lot in the counties of Early, Irwin, Appling, Walton, Rabun, Hall, Gwinnett, and Ha- bersham ; for remedy whereof, 'Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, [and it is hereby enacted].and by the authority of the same, That whenever it shall appear by comparing the report of the commissioners and the entry made by their clerks, with the original return froni any of the counties of this Slate, and the legitimate drawer is not properly entered, then and in all such cases it shall be the duty of his excellency the Governor, and he is hereby required to order such alteration made as to secure the bona fide drawer in his right, his heirs, or devisees, according to the justice of the case ; and all grants which may issue in consequence of such mistakes shall hereby be declared to be null and void : Provided, nevertheless, should the holders of such grant or grants issue through mistake return the same to the executive chamber, his excellency the Governor is authorized and required to refund to such grant or holder the sum and amount o'f money paid as office fees, and shall cause the true name to be in- serted therein in the records of the different offices; which [no.759.] Preamble. The Go- vernor an- thorized to correct er- rors found to exist on comparing the entries made by the Clei ks with the original en- tries, by an order to that ef- feet. ProvisaL MATTHEW TALBOT, »J President of the Senate. Assented to, December 22d, ,1820. 1 JOHN CLARK, Governor. 274 , . ■ • LAND LOTTERY.—1823: < grants shall be good and valid in law, any law lo the con- ment of which the said sheriff shall give to such purchaser ^erMV trary notwithstanding, DAVID WITT, > a certificate stating the amount paid, and the amount of said uficatV*' Speaker of the House of Representatives, purchase-money then due and to be paid in three equal an- i nual instalments. , §3.And be it, further enacted, That if any purchaser Failing to shall fail to pay to the treasurer any instalment at the time the same,may become due, or within sixtydays thereafter, he ""'b» —— 1 ^ shall forfeit t,he sum paid, and the land revert to and become &<•.16 [ito.760.] AN ACT to legalize certain Draws of \ Fractions in the the property of the State. ' ■ late Land Lottery of'this. State, and to vest the titles. § 4. And be it further enacted,fYha.t when the last instal- ^"P3^ thereof in the persons drawing the same. 1 *' '' ment is ppid, agreeably to the face of said certificate given last in.tai- • u ... r c m ■ bv the sheriff aforesaid, it shall be the duty of his excellency » Whereas, owing'to mistake of some of the officers bf the V, ... u AiUnnintiionsmonfC.\ Qj , , e e i j • iu u i the Governor to cause a grant to be filled up in the name ot ssue to the State, several numbers of fractions were placed in the wheel , V ,, , ™ thoii. navinir ^older' j j • • i i i L .u • j i the holder of#the said certihcate, on his or their paying the Grantfea and were drawn as prizes, in the land lottery authorized by lUG 1 ■ e ' act of the Legislature passed on the fifteenth day of May, ° 0 a^ That t'he Qt fa, T|,(&ir otghteen hundred and twenty-one ; and whereas, sard frac- g S j - j sheriffg of ,he cou„tieg afore_ -g,c tions cannot be granted to the persons who drew them, ac- • ■ - - iotding to the provisions of said act, and manifest injustice rould'be done by depriving the drawers of the benefit of thei [raws, where their names were not returned to the wheel pre ious to the completion of said drawing ; for remedy whereof Be it enacted by the. Senate and House of Representa- , \ Vt • - c .1 , „e sir n r shall advertise in one of the public gazettes of the cityptandthe Preamble. rf. catnu"1 ue grdn.ieu - ~ a 7° a, said, with a copy-plat of the several fractional surveys org™** cording to the pro.rs.ons of sard act, and manrTest rnj«st.ce • ^ ,emPfnPuni,0]d j„ the county of which he is she- X.V would'be done by depriving the drawers of the benefit of their , , • u c 1 „ „foaiQ r™ lq plat of & draws, where theirnLes were not returnedto the wheel pre- »«,?'least twent7 'ty8 befo-re 'he da/ °f 8ale' forwh'ch he .. i .t • i , • r. •, • , r shall receive-an adequate compensation. Persona who have § 6. And be it further enacted, That the sheriffs aforesaid drawn fives of the State of Georgia, in General Assembly met, and . • , ,Tv... , .„ -, , ,7 ■ _ , manner 0 f a^'o/^^efThatall entitled to persons \yho, according to the provisipns of said act, were ^uu-,CBi <** Jc.afl UJ13v u and als0 a" I** PartS of lolS "f 1-at,d. the same. . . & . been forfeited to the, State have and who may have <|rawn a fraction or fractions, shall be en- "een Ior,.i|!l»u » lI,e: » "h»™« fb!S".,,ff,^,Uv'N,,lrf ' ■titled to receive grants for the same, conveying fee-simple draw"' «" b^°®ere,d- I'i'e' S° r ' • I f titles, on paying into the treasury, of this .State (he auin of ™d fract,on, Ae drstr.ct, the quantity of .acres rn each, the ' ; twelye dollars for each fraction so drawn and granted; and hof8 °Awb,cb lb.f s.aka wl11 c2nrmence and close. Top,a..« any person who may have drawn as aforesaid, and who may § J- •*"*. *** 'enacted,. .Th,t the certrficates ojg. Sr»° fail to tafie out the grant within one year from the passage of £ra"ted '™de! tbls ac.t sha11, be transferable and any legal ^ ' this act, shall not hi entitled to the benefits thereof but ihall,. bolder ^hereof on paying into the treasury the balance due , forfeit their right to said draws. ' .' . ' thereon, shall be^entitled to a grant for the same, on paying Whose8 § 2. And be it further enacted, That the provisions of the pffice fpes aforesaid. rp, . ,w , .rv. f ' ■, -ff a SS this shall not be construed as to extend to those who may , i«- ^ le ** farther enacted, That the sheriBs aforesaid «J-« turn to th« Treasurer to extend to thbse who may , V,, * 7f'. _ J7 '. . , , ... . fr,S» have .drawn a fraction or fractions, and whcJse names were sball> w'tb'n forty shall, before entering on the duties required by this act, give bond4c. to his excellency the Governor bond'with approved security, in the penal sum of ten Jfiousand, dollars, faithfully to per- form said duties. . „ . .. t § 10. And be it further enacted, Thathis excellency the veysof Land which remain unsold in the Counties, of Governor be, and he is hereby authorized and, required, Walton, Gwinnett, Hall> Habersham, and Rabun, and within sixty days after the passage of this act, to forward to also of such parts of Lots of Lapd as have been forfeited the justices of the Inferior Court of the several counties to' the State, as having been fraudulently drawn. aforesaid bonds, to be filled up, in their presence or in the Be it enacted by the Senate and House of Representatives °f V ^k°l "T ^ ^ H* if"1®', TIE the Slate of Georgia, in General AssJblyLt, and it is 5.?® a&reSald M p,0°eed '° ' The She-, riffs of said of the advertise hereby enacted by the authority of the same, That the unsold"l'18 sheriffs of the aforesaid counties are hereby, authorized and required to advertise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the frac- tional parts of surveys of land which remain unsold in each of the several counties aforesaid, and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn. § 2. And be it further enacted, That the highest bidder for any of the aforesaid fractions, and also all such parts of the pSr-f *0ts of"lanfl as ^ave been forfeite(l to the State, as having chase-mo- been fraudulently drawn, shall be the buyer, who shall pay to ney in cash. tjje, sheriff aforesaid one-fourth of the purchase-moqey in cash, or bills of the chartered banks of this State; on the pay- fractions and forfeit- ed lots. The pur- chaser to pay one- duties required by this act. ' DAVID ADAMS, . . J • Speaker of the House of Representatives. ' - THOMAS STOCKS, ' President of the Senate. Assented to, December 20th, 1823. , G. M. TROUP, Governor. AN ACT to sell and dispose of Lots numbers Ten and tNO,76?'^ One Hundred, reserved by the Land Lottery Act, passed the ffteenth day of December, eighteen hundred and eighteen* for the Education of Poor Children. Be it enacted by the Sprint? apd. TTnu.cp 0f the State of Georgia,fft General Assembly mett and > is LAND LOTTERY.—1825. 275 The She- riffs to sell lots Nos. 10 and 100 in Walton, Newton, Gwinnett, Hall, Haber- sham, and Rabun. Pnjpeeds of sale made a part of the Poor School Fund. Repealing clause. hereby enacted by the authority of the same, That the sheriffs' of the different counties be, and they are hereby authorized and required to advertise and expose to sale the lots num- bers ten and one hundred in the several districts in the coun- ties of Walton, Newton, 'Gwinnett, Hall, Habersham, and Rabun, in the manner and under the same restrictions as are prescribed by an act to sell and dispose of th'e fractional parts of surveys of land which remain unsold in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun. § 2. And, be it further enacted, That the sheriffs shall also pay over and deposite with the treasurer of this State the proceeds of the sales of said lots, to be by him annexed to and become a part of the poor school fund. § 3. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. > DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1823. G. M. TROUP, Governor. time shall run against any such fortunate drawer before the time has passage of this act, such fortunate drawer shall be entitled run out* to all the benefits of this act. §4. And be it further enacted, That all laws militating Repealing against this act be, and the same are herebv repealed, clauM' DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 20th, 1823. G. M. TROUP, Governor. fvo.763.] Time ex- tended to the 25th of December, 1824. Grant fee $12. Time ex- tended to the 25th of December, Grant fee 912. Provision where the AN ACT* to extend the time to fortunate drawers in the Land Lottery, by the authority of the act passed on the fifteenth day of May, in the year eighteen hundred and twenty-one, entitled An Act to dispose of and dis- tribute the lands lately acquired by the United States, for the use of Georgia, of the Creek Indians, Spc.; and also to extend the time to fortunate drawers in the Land Lottery, by authority of an %Act passed on the fifteenth day of December, eighteen hundred and eighteen, entitled An Act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of Indians by the United States, Ape.; and also to reduce the fees upon the grants. Be 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 all and every person who was a fortunate drawer in the said land lottery, by authority of the act passed the fifteenth day of Decern- ber, in the year eighteen hundred and eighteen, shall have until the twenty-fifth day of December, eighteen hundred and twenty-four, to take out his, her, or their grant or grants for the land drawn by him, her, or them ; and that a grant or grants shall issue to him, her, or them for the same, ac- cording to the provisions of the twentieth section of said act, on paying into the treasury of- this State the sum of twelve dollars. § 2. And be it further enacted, That all and every per- son who was a fortunate drawer in the said land lottery, by authority of the act passed on the fifteenth day of May, in the year eighteen hundred and twenty-one, shall have until the twenty-fifth day of December, eighteen hundred and twenty-four to take out his, her, or their grant or grants for the land drawn by him, her, or them; and that a grant or grants shall issue to him, her, or them, for the same, accord- ing to the provisions of the twentieth section of the said act of eighteen hundred and twenty-one, on paying into the trea- sury of this State the sum of twelve dollars. § 3. And be it further enacted', In case the time has already run out against any fortunate drawer, or in case the [no.764.] The provi- sions of the act of 1821 extended to partition- ing lots fraudulent- ly drawn under the lottery of Repealing; clause. AN ACT prescribing the mode of partitioning such Lots of Land, drawn in the Land Lottery authorized by an Act passed the fifteenth day of May, eighteen hundred and twenty-one, as have been or may have been de- clared by judgment of Court to be fraudulently drawn. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General. Assembly met, and it is hereby enqcfed by the authority of the same, That the pro- visions of an act passed the seventh day of December, eighteen hundred and twenty-one, entitled An Act to point out a more expeditious method of partitioning such lots of land as have or may be declared fraudulent draws by judgment of court, pursuant to an act passed the fifteenth day of December, eighteen hundred and eighteen, to vest the titles to the same in the several county academies in this State, be, and the same are hereby extended to the partitioning of such lots of land, drawn in the land lottery authorized by an act passed the fifteenth day of May, eighteen hundred and twenty-one, as fiave or may be declared by judgment of court fraudulently drawn. § 2. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 7th, 1824. G. M. TROUP, Governor. AN ACT* to limit the time for the return of fraudulent [no.765.] draws, under the Land Lottery Acts of 1818, and to alter and amend so much of the twentieth section of an Act passed fifteenth day of May, eighteen hundred and twenty-one, as relates to the return of Lots sup- posed to be fraudulently drawn in said Lotteries. Be it enacted by the Senate and House of Representa- pimita- tives of the State of Georgia, in General Assembly met, scire facias and it is hereby enacted by the authority of the same, That from and after the first day of July next, no scire facias returns, shall issue on any lot of land supposed to be fraudulently drawn in either of the land lotteries above recited ; and that all laws or parts of laws militating against this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, June 11th, 1825. G. M. TROUP, Governor. : Act No. 714, and the references there. ' See Act No. 757, further limiting the time of returning, &c. M m 2 [ 276 ] LOTTERIES.—1821. Ofo-W.j, AN ACT to prevent the establishment of Lottery Offices, and proper, for the construction of a turnpike-road from the and the sale of Lottery Tickets, in the State of Georgia. village of Athens to the city, of Augusta.' ] / •, r -.7 ci ■ j rr *t> And be it further enacted, That Asbury Hull, Ste»c<>mroii. d» . § t . Be it macted by tU Senate and Mouse of Represent- yj) *, Thomas Robert Freeman. Reuben Jordan, John Moore, SS. StrTny °fthe State cf Georgia, m General Assemblymetand it Duncan Ca'mpbell Mark A. Lane, William Dearing, ToffiS '5 herfby enacte* by the, author}fy °f tb? saf% rkha ?mme" Peter Crawford, Arthur Foster, Nathaniel Collins, Freeman effect""0 vending lot- diately from and after the passing of this act, it shall be un- Walker William Camming, and Robert H. Musgrove be, . • S?^^w(df0^MyPe?0Il10rPe^B0n!.t0?l,tabhsh or open an office and they ar& hereby appointed commissioners to c!arrythe SS"t f°r the purpose of selling or vending lottery tickets In the State, aforesaid Iotlery int0 full effect; ' auSmL except. 11? such lotteries as may be authorized by the laws , 3< And u itfurther enacted,. That it shall ana may be Maym of tii?3laWS ther®of 5 and any person or persons convicted of buying or jawpuj for tbe aforesaid commissioners, or a majority ofvacancie,> state. Selling any. lottery ticket, or part or share of a lottery ticket, tbe to any vacancy or vacancies which inay be created and buyer noti authorized by the State, shall forfeit a surd not. exceed- tjiejr board by death, resignation, or otherwise. udiS* one hundred dollars f°* every tldce<;thu3 bought or - v 4> And ie it further enacted, That all laws, or parts of £b£» seld, to he recovered by information or indictment in the j * .^iaatlhk aol b abd tKe sam6 thereby .BSa Superior Court ofthecountyvvhere the said offence egainst . s'fc . IRBY HUDSON, . dollars. this act may bo committed J which amount to go to the be- Speaker of the House of Representatives.1 iiefit Of the free-school fund. And it is hereby^njoined on - THOMAS STOCKS,' How reco- all magistrates, notary pubhcs,and other officers to give in- 1 .1 .... . president of the Senate. formation dgainst all such as are found^iffiatin'g the pro- Assented to, December ?3d, 1826. , Vmone.nf this act. , DAVID WITT . .. ' , . /' G. M. TROUP, Governor. ■ , Speaker,of the House of Representatives. - MATTHEW TALBOT, President of the Seriate. AN ACT to authorize the Trustees of Sparta Academy, fifo.770.] rH/SlUtllU Ul IIIU PCliUlC. • ,7 • > tt V ' , • t ,t m,\i :A«?spntpd to Mav 16th 1821 ' in the county of Hancock, to raise by Lottery the sum " - ' ' ' . ' JOHN CLARK, Governor. • of five thousand doUars, for the benefit of said Aca- I' • ■ .. / >' Li- .' ' •" ' \ demy... *V'' , [ko.768.] AN ■ ACT. to authorize a Lottery for the benefit..of So; • tyjtenactedfytju!, SenatetandHouseof Representatives . " lem Academy, in Clark County. &?* 4f^mhly wetland U £„. A.lottery „ , , r « * j tt ■ * t> 18 hereby enacted, by the authority of the same, That the™™y yahoniJa Be rt enacted by the Senate and House of Representatives tru?iees of g art& A?ademy, in. the county of Hancock, and SSH of tie State of Geor^a,.in General Assembly met, and it is theit successors ;n office beJ and they are'hereby authorized g8, SSI- herf!> *>.?* outhontyofthe same, That it shall 'fo raise by lottery a sum hot exteeding five thousand dollars, ' incS' and may be lawful for the commissioners hereinafter named ,for [he benefit of said acadetay. - co«„if. to establish a lottery, as soon as practicable after the passing j g. An3 & fmfheT That wilHam T „ of this act,to raise the sum of three, thousand.dollars,'vmder -ttabert-W. Alston, Thomas *d.' Martih, Nathan'C. Sayre.SX ~ suc!1 f h?me and te8nla«f"» » "bej. «r a majcnty of them, Tholdas A Smitb Jamej H j anJ ,Joel Crauford, * may deem necessary and .proper ; which sum or any part ot a majoritymf them .be, and they are hereby ap- thereof, when so raised and received, shall be applied by . the . intad c6mmissioners to superintend and conduct said lot- , ; trustees of said academy or their successors in office. to the tery mi the said cbmmissi'oners are hereby authorized to h.udliWg of,an academy edifice, and to any other purpose , divi|e sa;d ioltery jnt0 a3 manT separate schemes or'draw- -• - .^noC'f Ti ^ev1'"a re 0 J "ufI*?1?-' net' .,v: a • tag* »in their judgment shall best suit the interest' of said doners for • ■ § beit further enaeed, 1 hat Joseph Smith, Sa- academy ; and any sum or sums of money which may be Money • Sro!«£^-T He3'nri John Foster, William P. Graham John W. raised by ^ co^missioners under and by virtue of this SU »»■>'» Graves and James C. Byanch be; and they are hereby ap- act after, deducting the necessary expenses of said lot-S* - ?°n ff «oran"s310n^ to oarry the aforesaid lottery into tery)Shall bdby the° paid 0Ter t0 the trustees of said aca-"* . V Vv',: JOHN ABERCROMBIE, .. demyf,,^wemrf.benelttaW^.^^. ;• ■ •».. , Speaker of the House of Representatives. '. ■ ■ ■ Speaker of the Hduse of Representatives. " ALLEN'B. PpwpL- . THOMAS STOCKS, a President of the Senkte. President of the Senate. ( Assented to, June 11th, 1825. trrp a' ;' Assented to, December 23d, 1826. i . • G. M. TROUP, Governor. . , , G. M. TROUP, Governor. ' 1 lt H ' * , | V [S0.769.1 AN ACT to authorize certain Commissioners therein AN ACT to authorize certain Commissioners therein .. 'named, toestabhsh a Lottery for the purpose of raising named to estaUish a Lottery for the purpose of rais- the sum of twolmndred and fifty thousand Mlars to { (he mm tv>enty-five hundred dollars, for the ' • - be appropriated to the construetmn of a Turnpike- urpose o/oi„ a^Jaisisting the funds „/Eaton- ' . B vM?Se °f Ath-m t0 thi °f Au\ pn Academy; in (he. County of Putnam. . Be it enacted by the Senate and House of Representa-'AI?tM^ authorized Se ^ enacted bVtJie Senate and House of Representatives tives of the State of Georgia, in General Assembly met, and it ffZ est* wished681" tbe ^taie °f Georgia, in General Assembly ipet, and it is hereby enacted by the authority of the same, That it shall ^edt0 within two ^ hereby. enacted by the authority of the same, That it shall and may be la wful for the commissioners hereinafter named rafsethe and may.be lawful ^ the commissioners hereinafter named to establish a lottery, within two years after the passing of®of au«n of to establish a lottery or series of lotteries, within two years this act, to raise the sum of twenty-five hundred dollars, fora'Turn- ^ter tbe passing of this act, to raise the sum of two hun- under such scheme jand regulations as they, or a majority of 08 Athens"™ an<^ thousand dollars, under such scheme and regu- them, may deem necessary" and proper for the purpose of Augusta? lations as they, or a majority of them,'may deem necessary aiding and assisting the funds ofthe Eatonton academy. LOTTERIES.—1826. 277 Managers of tlie lot- tery ap- pointed. §2. And be it further enacted, That John C. Mason, William Williams, Mark A. Cooper, Turner H. Trippe, and Irby Hudson be, and they are hereby appointed commis- sioners to carry this lottery into full effect. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. [NO.772.] A lottery authorized to raise $15,000 for the purpose of building a Masonic Hall in the town of Milledge- ville. Commis- jsioners of the lottery appointed. AN ACT to authorize certain commissioners therein named to establish a Lottery for the purpose of rais- ing the siim of fifteen thousand dollars, to be appro- printed to the building of a Masonic Hall in the town of Milledgeville, Be it enacted by the Senate and House of Represen- tatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the commissioners hereinafter named to establish a lottery, within one year after the pass- ing of this act, to raise the sum of fifteen thousand dollars, under such scheme and regulations as they or a majority of therp,may deem proper and necessary, for the purpose of building a masonic hall within the town of Milledgeville. § 2. And be it further enacted, That Seaton Grantland, William Y. Hansell, Jacob Keister, James S. Calhoun, William Green, Samuel Rockwell, John Miller, and Prior Wright be, and they are hereby appointed commissioners to carry the aforesaid lottery into effect. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. of the State of Georgia, in General Assembly met, and it is hereby enacted by tlie authority of the same, That it shall and may be lawful for the commissioners hereinafter named to establish a lottery, to be divided into as many classes as the said commissioners, or a majority of them,, shall deem necessary, as soon as practicable after the passage of this act, to raise the sum of ten thousand dollars, under such scheme and regulations as they or a majority of them may deem necessary and proper, for the benefit of the poor in the county of Burke. §2. And be it further enacted, That Southworth Harlow, John Carpenter, William R. Calwell, John Whitehead, Thomas Jones, Jonathan Lewis, and Lewis F.. Powell are hereby appointed commissioners to carry aforesaid lottery into full effect. § 3. And be it further enacted, That the said commis- sioners shall pay over to the Inferior Court of Burke county whatever sum of money may be raised by said lottery, after the necessary expenses shall have been paid, to be applied by the said court to the purposes contemplated by this lot- tery. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. A lottery authorized to be esta- bliehed, to raise $10,000 for the benefit of the poor in Burke County. Commis- sioners of the lottery appointed. To pay over the sum raised to the Infe- rior Court. [no.773.] AN ACT authorizing certain commissioners therein named to raise by Lottery a fund for the erection of monuments to the memory of Greene and Pulaski, in the city of Savannah. > Be 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 it shall be lawful for the commissioners hereinafter named to raise by lottery, in one or more classes, the nettsum of thirty-five thou- sand dollars, for the purpose of aiding the erection of monu- ments to the memory of General Greene and of Count Pu- laski, in the city of Savannah ; the place already consecrated by the blood of one, and the a§hes of the other. § 2. And be it further enacted, That the following per- sons' are hereby appointed commissioners, with full powers for carrying the aforementioned lottery into effect, in such form and manner, and under such regulations, as they may deem necessary and proper ; that is to say : John Stevens, William B. Bullock, James B. Read, Richard W. Haber- sham, James P. Screven, Alexander Telfair, Abraham B. Fannin, Mprdecai Myers, John Shellman, William P. Mar- shall, Anthony Porter, Samuel B. Parkman, and Joseph Val- lance Bevan. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. [no.774.] AN ACT to authorize a Lottery for the benefit of the poor in the county of Burke. Be it enacted by the Senate and House of Representatives A lottery authorized to raise tlie sum of $35,000 to aid in the erection of in emu- ments to the memo- ry of Greene and Pulaski in the city of Savannah. Commis- sioners ap- pointed to carry said lottery into effect. AN ACT to authorize a lottery for the benefit of Wrights- borough Academy, in Columbia county. Be 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 ■ it shall and may be lawful for the commissioners hereafter named to establish a lottery, as soon as practicable after the passing of this act, to raise the sum of two thousand dollars, under such scheme and regulations as they or a majority of them may deem necessary and proper, for the purpose of rebuild- ing the Wrightsborough Academy, in the county of Co- lumbia. § 2. And be it further enacted, That Thomas White, sen. Thomas Bowdre, Henry Gibson, Charles M. Linn, and Bush- rod Pettitt be, and they are hereby appointed commission- ers, with full power and authority to choose three other com? missioners to carry the aforesaid lottery into full effect. § 3. And be it further enacted, That the said sum, or any part thereof, when so raised and received, shall be applied by the trustees of said academy and their successors in office to the use, benefit and promotion of the interest of said in- stitution ; but they may allow such compensation to their secretary as may be reasonable and just. § 4. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1828. G. M. TROUP, Governor. [no.775.] A lottery authorized to be esta- Wished to raise $2000 for the pur- pose of re- building the Wrightsbo- rough Aca- demy in Columbia County. Commis- sioners of the lottery appointed. Money raised how applied. Repealing clause. AN ACT to authorize certain Commissioners therein [N0.776.] named to raise by Lottery the sum of three thousand dollars, for the use of the De Kalb Academy; and also to authorize the Inferior Court to vest one thou- sand dollars of the Inferior Courts Funds in said Lottery. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is to ^esta- hereby enacted by the authority of the same, That it shall raise ° and may be lawful for the commissioners hereinafter named 278 MILITARY.—1821. of the Kalb Aca- iwaio A«? to establish a lottery, as soon as practicable after the passing Thomas King, Asahel R. Freeman, Sumner Stone, Edward d^my fna" of this act, to raise the sum of three thousand dollars, under' Wright, and Robert Birdsing be, and they are hereby ap- effect. Decatm. such scheme and regulations as they or a majority of them* pointed commissioners to .carry the aforesaid lottery into may deem necessary and proper, for the use of the Kalb* effect. IRBY HUDSON, academy in Decatur.1 > ■ • ' , Speaker of the House of Representatives. stonersMi § 2. And be it further enacted. That S. T« ®alay> Alex-: • THOMAS STOCKS, pointed."1*" antler Curry, j. F. Cleaveland, William Ezzard, and Leonard ' President of the Senate. Randolph be, and they'are hereby appointed commissioners Assented to, December, 22d, 1827. • to carry the aforesaid lottery into full effec^. ■ ' , • ' JOHN FORSYTH, Governor. Theinfe- § 3, And be it further enacted, That the judges of-the '< . , , 1 ~— authorized Inferior Court, or a majority of them, be, and they are hereby AN ACT to authorize certain Commissioners therein [no.778.] to vest therein authorized to-vest in the said lottery, from the county funds,; named to raise by Lottery the sum therein specified, for $1000 of one thousand dollars or more, as they or a majority of them the purpose of building a Masonic Hall in the Town funds.°unty deem expedient. IRBY HUDSON, of Monroe, Walton County. ' Speaker of STOCKS, Be it enacted by the Senate and House of Representatives A lottery President of the Senate, of the State, of Georgia, in General Assembly met, and it is ^raisf*1 "Assented to, Decker 23d, 1826. ' ' . « ' authority of the same. That the CMn-jg"*, (j TROUP Governor, missioners hereinafter named be authorized to raise, within of building ' ' three years from and after the passage of this act, the sum hS"'0 r i-ar "a rv, * j at. • a • n ' • „ 4i. • of five thousand dollars, under such scheme and regulations M°nroe, an act to aulhonze .certain Commuisumers therein ag tbey or , mi,iority of them shall' deem meet neces. named to establish a lottery for the purpose of raising sar^ lQ said commissioners [appropriated] to the' the sum of fifteen thousand -dollars, to be.appropriated0f a masonic hall in the town of Monroe, Walton * < tQ the building of a Masonic Hall in the Town of c^nty. , Macon. : ■ And be it further enacted by the authority aforesaid, a lottery Be it enacted by the Senate and House of Representatives That Hampton W. Hill, Francis S. Colly, Charles D. Davis, the lottery "oUrai,seZed of the State of Georgia, in General Assembly met/and it is Robert H. Weston, Jesse M. Butt, Elijah B.. Arnold, Elisha appoime^ the*1"!!? ^0t hereby enacted by the authority of the. same,it may and Betts, and Reuben Rawson be, and they are hereby ap- posePof shall be lawful for the commissioners hereinafter named to pointed commissioners, a.nd vested with full powers for car- JmSic establish a lottery, within one year after the passage of this rying said lottery into effect. ' Haii in the act to raise the sum of fifteen^thousand dollars, under such • ' s IRBY HUDSON, *nurn r\F ' - . ' 1 . • ' f town of Macon. scheme and regulations as they or a majority of them may • . Speaker of the House of Representatives., deem necessary and proper, for the purpose of building a THOMAS STOCKS,, masonic hall within the town of Macon. N ✓ • _ - President of the Senate. Commis- §2. AM be it further enacted, That John T. Rowland, Assented to, December 22d, 1827. " / ' pointed "r Henry G.Lamar, William X Dannelly, David Ralston, - JOHN FORSYTH, Governor. MILITARY;—1821. two.779.] AN ACT to create two new Brigades in this State, to courage -and promote those' means which contribute to its N compose the 5th and 6th Divisions 'of Georgia Militia, efficiency; and whereas,several volunteer companies of mi- £ pew § I. Be it enacted by the Senate^ and House ofRepresen- Htia have associated themselves together in the county of created tatives of the State of Georgia, in1 General Assembly met, Chatham, with a view to their more extensive and perfect < ' and it is hereby enacted by the, authority of the same, That improvement in military science,--and their consolidation the counties of Rabun, Habersham, Hall, and Gwinnett a legion would contribute to this object; shall compose the second brigade of the fifth division Beit enacted by the Senate and House of Representatives suchro* ' Walton Georgia militia ; and that the county of Walton be added to 0f t1ie State of Georgia, in General Assembly met, and it ^ani* ' the First the first brigade of the fifth division. , is hereby enacted by the authority of the same, Thatin'l,ecif Fiffhrn- And fie it further enacted," That the counties of guch volunteer companies in the city Nof Savannah as "ah as may vision. Twiggs, Wilkinson, Laurens, and Pulaski shall compose may desire it, shall have the privilege of associating them* newHBri-' ^rst ^r'ga{^e pf the sixth division, and that the counties selves together for the purpose of forming a legionary corps privii^eof gadecrea- of 1 elfair, Appling, Irwin, and Early shall compose the or corps, to improve themselves in military tactics, suitable Sixth Divi- second brigade of the sixth division of Georgia militia; which to their peculiar organization ; and over each of such coin- "i*" giaJiihtia sa^ brigades shall form, and be known as the 9ixth division panies, and the members thereof as shall so associate them- Mrps. created.' Georgia militia. selves together, the chief or the oldest officer of said legion- Who shall ; ai r- HAVID ADAMS, ary corps or corps, except When it is or they are under the Speaker of the House of Representatives, immediate command of their battalion or regimental chiefs, s MATTHEW TALBOT, shall have the same command and authority as if the said v President of the Senate, legionary corps or corps formed but one company. ' Assented to, December 13th, 1820. , '' , § 2. And be it further enacted, That the said corps or Authorized JOHN CLARK, Governor! corps shall be; empowered to form such by-rules and regu- ~T 7" ' lations for their government and. observance as may be [no.780.] AN ACT to establish a Legionary Corps or Corps in deemed necessary to further the objects ef the association. the County of Chatham. §3. And be it further enacted, That the said volunteer stni«ub* Preamble. . Whereas, a well regulated militia is necessary to the secu- corps or corps shall continue to perform the usual duties rityof a free State, and it is of the utmost importance to en- requited of them by the militia law, and be subject to the theMiiw* MILITARY.—1822. 279 1*0.781.] The forty- second sec- tion of the Militia law alter- ed. To read as follows. Repealing clause. accustomed calls and commands of their battalion and regi- mental chiefs. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. AN ACT to alter and amend the 42d Section of an Act to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws now in force. § 1. He it enacted by the Senate and House of Repre- sentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of th& That the forty-second section of the before-recited act, which is in the following words, to wit: That not more than one company of horse, one of artillery, and one com- pany of riflemen (each to consist of not less than forty, nor more than one hundred, exclusive of officers) shall be at- tached to each regiment, except in the cities of Savannah and Augusta, where there shall be no restrictions so as to prevent the existence of any number of volunteer corps, or any number of men in each company exceeding the num- ber above mentioned, shall be [altered and] amended so as to read in the following words ; That not more than one company of horse, one of artillery, and one' company of rifle- men, (each to consist of not leSs than forty nor more than one hundred, exclusive of officers) shall be attached to each regiment, except in the cities of Savannah, and Aygusta, Darien, and the town of Louisville, and county of Liberty, where there shall be no restrictions so as to prevent the existence of any number of volunteer corps, or any number of men in each company. § 2. And be it further enacted by the authority aforesaid, That all laws or parts pf laws militating against this act be, and the same are hereby repealed. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, May 16th, 1821. JOHN CLARK, Governor. (NO.782.] After the passage of this act no other v6- lunteer raised, un- less they consist of forty men. That nei- ther of the two volun- teer com- paniesshall consist or exceed more than one-ele- venth man from any militia company. Repealing clause. AN ACT to alter and amend an Act to alter and amend the 42d section of an Act to revise and consoli- date the Militia Laws of this State, and to repeal the Cavalry Laws now in force so far as said Act relates to the city of Darien. § 1. Be it enacted by the Senate and House of Representa- tines 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 passing of this act, no other but the two volunteer companies now in the city of Darien shall be raised, unless they shall consist of forty men in uniform. § 2. And be it further enacted by the authority aforesaid, That neither of the two volunteer companies now in the city of Darien, known by the name of the Darien Volunteer Guards, and the Darien Volunteers, shall not exceed more than the eleventh man from any militia company in the county of Mcintosh, in addition to those who had joined either Of said companies previous to the first day of October last. § 3. And be it further enacted by the authority aforesaid, That all laws or parts of laws which militate with this act, be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. ■ MATTHEW TALBOT, President of the Senate. Assented to, December 3d, 1821. T^rT*T ARK, Governor. AN ACT to amend an Act passed on the sixteenth day of May, 1821, amendatory of the forty-second section of an Act to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws thereof. § 1 .Be it enacted by the Senate and House of Representa- tines 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 passing of this act, it shall and may be lawful for one volunteer company of light infantry to be raised in the county of Washington, to be known by the name, and style of the Washington Guards. § 2. And be it further enacted by the authority aforesaid, That the said companyi shall be placed on the same footing with all other corps of the like description in this State, except the restriction in the before-recited act requiring hot less than forty nor more than one hundred men, exclu- sive of officers, to constitute a company; any law to the con- trary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 24th, 1821. JOHN CLARK, Governor. tNo.783.J A volun- teer com- pany of Light In- fantry au-' thorized in Washing- ton Coun- ty- This com- pany placed on the same footing with all other corps Exception. AN ACT more effectually to define the Duties of the Ad- jutant-General, Division and Brigade Inspectors, and to regulate their pay, Spc. Be 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 after the passing of this act, it shall, and it is hereby required to be the duty of the brigade inspectors of the Several bri- gades of militia of this State respectively, to attend at all re- views of inspections which may be lawfully ordered by the brigadier-generals thereof, and to perform the duties of train- ing.and inspecting the militia as heretofore required of the adjutant general, in conformity to the laws of this State; and that it shall be the duty of the said brigade inspectors to make out two complete brigade reports of inspection, one of which shall be transmitted with the least possible delay to the adjutant general's office, and the other to the division in- spectors', which division-inspectors respectively shall and are hereby required to consolidate the same, and transmit them to the major-generals of their divisions. 5 2. And be it further enacted by the authority aforesaid, That it shall be the duty of the adjutant general to consoli- date the said brigade reports transmitted to him, subject to the order and control of the Governor and commander-in- chief. § 3. And be it further enacted by the authority aforesaid, That the said adjutant general, division and brigade inspec- tors shall, while in the actual discharge of the duties required of them, not exceeding thirty days in any one year, be, and they are hereby entitled to the same pay, rations, and trans- portation as are severally allowed to officers of like grade in the army of the United States ; Provided always, that the said officers shall make out their accounts for services actu- ally performed, and to certify upon honour as to the time of such service, which accounts so certified shall be paid by warrant from the Governor out of any money in the treasury not otherwise appropriated. § 4. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. [no.784.] It is made the duty of the Brigade Inspectors to attend all reviews or- dered by their Briga- dier-Gene- ral, and to perform the duties of training, Also to make out complete Brigade re- ports, &c. and to transmit them to the Adjutant General. The Adju- tant Gene- ral to con- solidate them, &c. The Adju- tant Gene- ral, Divi- sion and Brigade In- spectors while in actual ser- vice enti- tied to pay, &C- Proviso. Repealing clause. m [N0.78j5, MILITARY.—1822. '] AN ACT to, incorporate a Volunteer Company under the said volunteer rifle corps to elect a third and fourth lieute- COIltaiJ10alilj! name and style of the St., Mary's, Guards. " hant, and!a second epsign, -to be commissioned by the Go- The st. pe it enacted by the Senate and House of Representatives vernorin this case the second lieutenant shall rank as nrst ty gil prj. Guards in- of the State of Georgia, in (General Assembly met, and it is lieutenant, the third and fourth lieutenants shall rank as va^g, may eorporated. enacted by the authority of the same, That'whereas second lieutenant, and the second ensign shall rank as an third and a volunteer military association hath been formed in the town ensign. " . ■ Lieute. ■ of St. Mary's under the name and style aforesaid, the objects • § 4. And be it further enacted by the authority aforesaid, nut,** and purposes of which' association are stated to be for the That when hny volunteer rifle corps, containing trie addi- timef0ri)ir defence of said town and the surrounding country; and tional officers authorized by the third",section, shall Jor six^*- whereas, the said persons so associated under the name and months together ^ave fewer than Me hundred and twenty- they^ style aforesaid are desirous of being incorporated. ' six privates, the commissions of .such additional o cers one lmn> The mem- § 2. And be it further enacted by the authority aforesaid, shall be deemed to be vacated, and it shall be the uty of of^eclared That the several persons and members of said association', -the Colonel commanding to enforce this section 01 the law. men, they a body cor- and others who shall hereafter become'members thereof re- § 5. And ie it further enacted by the authority ajoresaid, p' \ ' spectively, and the successors, officers, and members of the Tiiavall. laws and/parts of laws militating against this act officers. &c. Proviso. same shall be, and they are hereby declared' to be a body cor- • its style, porate by the name and style aforesaid, andvt»y s,aid name ■ ed toamak" bave perpetual succession of officers . and members, by-iaws, e with power to make, alter, change, and amend such Jjy-laws and regulations as may. be agreed on by the officers and members of the said association ; Provided, such by-laws and regulations be hot contrary, to the laws and constitution Privileges, of this State; that they shall,be exetnpt from all battalion and general musters, exedpi such as are ordered by and unddr the immediate authority of the Governor and com- , proviso! mander-in-chief; Provided also, that nothing contained in ' this act shall be so< construed ,as tp exempt the; safyl'associa- be, and they are hereby in so far repealed; J . ALLEN DANIEL, ' 'Speaker of the Hduso of Representatives. MATTHEW TALBOT, . ' , President of the Senate. Assented to, December,-23d, 1822. ' JOHN CLARK, Governor. Eepealinj clause. Repealing clause. AN ACT to amend an Act entitled An Act to establish [no.787.] . a Legionary Corps 'or Corps in the County of Chat- ham. , / Beit enacted, by the Seriate and' House of Representatives a Legion- tion from, the liability of other militia of this State, on any ofthe State of Georgia, in General Assembly met, and it is emergency which authorizes calling out the riiilitia for the hereby enacted by the authority ofthe same, That whenever suppression of insurrection, or for repelling invasion ; Pro- it shall become necessary or expedient, in the opinion' of the chatta. vided further, that npthing herein contained shall prevent members of any legionary corps, to consolidate any two or the repeal of this law-whenever the Legislature shall'deem more of the companies of which such legion is. composed, it proper to do so: . or to alter the organization of such legionary corp& in any § 3. And be it further enacted, That all laws and parts other particular which may require the transfer or new elec- Howoffi- of laws militating against this act be, and the same are here- >■ tion of officers, any offieer so transferred shall be entitled tocered" by repealed. % 1 . ' ' act under and to have the rank of the elder commission of " ' ALLEN DANIEL, the companies so consolidated ; Provided, that the' fact of P'OTi!0- y Speaker of the House of Representatives, such transfer be endorsed on such elder, comnjission by the MATTHEW TALBOT, colonel commanding the regiment to which'the companies President of the Senate, composing such legionary corps are attached, and that a du- Assented to, December 21st, 1822. JOHN CLARK, Governor. [no.786.] AN ACT for the encouragement, of Rifle Corps. Rifle com-) - Be it* enacted by the, Senate and House of Representa- beTrmed^ tives °f the State of Georgia, in General, Assembly met, , and it is hereby enacted, by the authority of the same, That when any militia-company district shall, contain more than when the companies eontain stoy-three sixty-three effective'men, it shall be lawful,for any volunteer plicate of such commission and endorsement shall be by him transmitted to the commander-in-chief. ' . * ALLEN DANIEL, Speaker of the House of Representatives, i' . MATTHEW TALBOT, 1 . ; President of the Senate. Assented to,-, December 25th, 1822. , ; , > • JOHN CLARK, Governor. rifle corps established in the same county to enlist all above AN "ACT to authorize, upon certain conditions, the or- Volunteer that number, together with one-fifth of that number ; and ganizatiori of Squadrons of Cavalry in the first .MM- panyCnot' w^en .any militia-company district shall not contain more tary Divisions of this State,and for the encouragement enlist'more s*xty4hree effective men, it shall be lawful for any vo- of Volunteer Corps of Cavalry within the same, • more lunteer rifle corps established in the same county to enlist Whereas, it is important to encourage the formation1 and Preamble, one-fifth of the number which such militia-corppany district discipline of a cbmpetent body of volunteer cavalry in this may contain ; no volunteer rifle cor^s shall contain a larger State," and experience has proved that the present laws are proportion than the above-mentioned, and no other limits inadequate to this purpose ; and whereas, in certain sections shall be affixed to their number ; Provided nevertheless, that of this State, from the peculiar character of a portion of this law shall not be allowed sp to operate as to reduce the its population, this species of force is more particularly es- number of effective men in any militia company below sential to the defence and. protection of the inhabitants , forty. .... . thereof^ , man u..c §• lt further enacted by the authority afores aid,\ Be it therefore enacted by the Senate and House of Repre- Squadm^ volunteer That there shall not be more than one volunteer rifle corps ^sentatives of the State of Georgia, in General Assembly pany^u *n &ny county : in counties containing more than one regi- met, and it is hereby enacted by the authority of the same,!° "5 anyecoun- men*:' v°lunteer r^e corps of thecounty may enlist men That it shall and may be lawful from and after the passing Military15'' ty. from either or any ofthe regiments of the county', and shall of this act, and on the conditions therein expressed, to or- beDsubje« ke subject to the command of the ^oldest colonel of the ganize squadrons of volunteer cavalry within the first mili- ma'ndof"1 co"nty* > 1 . • tary division of this State, and to recruit the companies § 3. And be it further enacted by the authority aforesaid, which compose any squadron'within the division in which That when any volunteer rifle corps shall contain as many they are raised which squadron, when so organized, shall ^redtf- iVIA/1 4/v oiiaL /IlirlQIAn. fl TV rl f llQ AAI nrtw A/tmmnn/linff t8f,htv W than one- fifth of a company. Not more than one the Co- When a *«"» auji vuiumew imo ouips euau vuiiuid as many tftey are 7 4 , . . B , . volunteer as one hundred and twenty-six privates, it shall be lawful for be attached to such division, and the officer commanding rifle com o the divi Eioit. MILITARY.—1823. 281 such squadron shall report immediately to the major-gene- ral commanding the division to which he is attached, general*of" § 2- And be it further enacted, That it shall and may be the First lawful for the major-general of the first division of the mili- ESautho- tia of this State, upon the application of the commanding fitmiathm °fficer of any volunteer corps of cavalry within such division, of a squad- and it shall be his duty so to do, if in his opinion the good of onn'appUca- theservice and the protection of the inhabitants living within tion,&c. his division or any brigade thereof shall require the same. the § 3. And be it further enacted by* the authority aforesaid, reralofthe That if the major-general of the first division of the militia stonaEivi" °f this State shall, upon such application as is provided for thorize the in the preceding section, determine to authorize the esta- ►ofTsquad- blishment, of a squadron of cavalry within his .division, he sha'u^e In s^ia^ Procee(^ without delay to the organization of the same ; election of and for this purpose hp shall issue his order to the senior' command officer of cavalry in his division, authorizing and requiring said squad- him to proceed to hold an election for a major to command the same upon forty days' notice thereof, at a convenient place to be designated in tjie said order; at which time and place the commissioned officers of cavalry*shall attend and give their votes, and the person having the highest number of votes shall be commissioned by the Governor as major of Proviso, said squadron ; Provided, that the return of the said elec- tion shall be certified by a commissioned officer of cavalry within the said division who is not a candidate, and one jus- tice of the peace, who shall jointly preside at the same. of°Cavair § it further enacted, That each troop of ca- to comain valry in the first division of the militia of this State shall fortyroen consist of not less than- forty men, officers included, who officers in- shall fie. uniformed, mounted, and armed with broadswords, cu e ' and also with pistols, as soon as pistol's shall.be provided by the State; and no troop of cavalry in said first division shall be entitled to the benefits of this act, nor shall the Commis- commissions of* its officers be valid, Unless it shall consist o°ffice°rsthe of such number of men, who are so uniformed, mounted, uniels'the anc* arme^; Provided, that nothing in this section shall be number of construed to deprive the Libprty Independent Troop of Ca- uniformed. vaIry any privilege which they enjoy under the laws now Proviso. in force. § 5. And be it.further enacted, That a squadron of cavalry in said first division shall consist of not less than two, nor more than five troops ; and the major commanding the same • shall appoint his own staff. The Cap- §6. And be it further enacted, That each captain of a {fo"p shaii troop of cavalry in said first division, whether attached to a parade his squadron or not, shall parade and exercise his men at least least four four times in each year; and that the major commanding muffij^and any sfiua(^ron cavalry shall parade and exercise the same the Major either in squadron or detachment, as he may think proper, once^' at least once in each year, for a period not exceeding three riwFnoTex a* any one Para(^e* a^ter the arrival of the squadron or ceeding " detachment at its place of rendezvous ; Provided, that all dayT orders for any muster or rendezvous, except in cases of spe- Proviso, cial emergency, shall be given verbally on parade, or else- where in writing; and, with the above exception, captains and subalterns shall be entitled to twenty, and non-com- missioned officers and troopers to ten days' notice, troop of0*1 ■§ And be it further enacted, That each troop of cavalry Cavalry in said first division shall have the power of making by-laws, by-iaws,ke and may prescribe the manner of imposing, collecting, and &c- applying fines for non-attendance at parades or musters of such troop ; and fines for non-attendance at any parade, muster, or rendezvous of the squadron, or any detachment thereof, may be imposed by a court of inquiry, to be ap- pointed by the officer commanding such squadron or de- Proviso, tachment for the time being ; Provided, they shall not be more than double the fines imposed in such case by the rules of the troop to which the defaulter may belong, for each day's absence from such squadron or detachment parade, muster, or rendezvous ; And provided, also, that such fines, N n when so imposed, may in every case be collected by exe- cution, under the hand and seal of the officer commanding such troop, d'etachment, or squadron, directed to some fit and proper person to be designated by him in such exe- cution, which may be enforced against the goods and chattels of such defaulter in like manner as executions is- sued by justices of the peace are enforced. § 8. And be it further enacted, That such troop in said Each troop division shall be allowed to determine the uniform of its mine its"* members ; and the uniform of the commanding officer and u,,i" his staff shall be fixed by himi with the approbation of the &c. ' major-general of the division to which he is attached ; Pro- Proviso. vided, that in all cases the uniform shall be blue : and all powers given to, or duties imposed on the major of any squadron shall, if that office be vacant, devolve upon the ' next in command. § 9. And for the purpose of encouraging the formation of volunteer cavalry in said division, and as a compensation privileges for the expense incurred in maintaining the same, Be it further enacted, That all persons duly enrolled in any corps vice in a of cavalry in said division, who shall, "after the passing of cavaily" this act, have faithfully served in the volunteer cavalry in the company, said division for ten years shall, upon a certificate thereof from his commanding officer or officers, verified by his own oath, be entitled to receive from the major-general com- manding the division to which he is attached, a discharge from militia duty in future in time of peace, and except in cases of alarm or insurrection : And provided further, that nothing in this aGt shall be so construed as to exempt cavalry corps from duty, or the command of the colonels or commandants of rfegiments, whenever the civil authority may call upon the same for a military force. § 10. j^/nd be it further enacted, That all laws and parts Repealing of laws contravening the provisions of this act be, and the clause- same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives, MATTHEW TALBOT, President of the "Senate. Assented to, December 28th, 1822. JOHN CLARK, Governor. AN ACT to place the Darien Hussars on the same [no.?89.j footing as the Independent Troop in the County of Liberty. Be it enacted by the Senate and House of Representatives The oa- of the State of Georgia, in General Assembly met, and it is Jj®"sars hereby enacted by the authority of the same, That from and placed on immediately after the passing of this act, the Darien hussars footfngas shall exist and act as a troop of cavalry, in like manner and with like privileges as the independent troop in the county troopTn of Liberty; and shall be allowed to hold the elections for any L,bert>- officers that may be requisite for a company of cavalry. § 2. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are clause- repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 2d, 1823. G. M. TROUP, Governor. AN ACT to lay off three new Brigades, and to create [no.790.3 the Seventh Division of Georgia Militia. Be it enacted by the 'Senate and House of Representatives Three new of the State of Georgia, in General Assembly met, That from and after the passing of this act the counties of Rabun, j^the Hall* Habersham, and Gwinnett shall constitute the first Division brigade of- the seventh division of the militia of this State ; formed- . 282 MILITARY.—1824. that the counties of Walton, Newton, and De Kalb shall brigade inspectors of Georgia militia shall be allowed to «vno form a brigade, to be known and called the second brigade charge for any length, of time not exceeding forty days in not exceed. M ., .» T_ • • . il _ . ,i /• J, i _ _ /• _ j.1-- —i.:«l MilUottir eamnAaa vonilirPrl f\f Seventh Gf the seVenth division Division, J that the counties of Jasper, and any one year, for thk actual military services required ofinsfo"y- si hriirnrlo nf the fifth division • thaf them hv law' ' ' , Jones shall form the first brigade of, the fifth division; that them by law! the counties of Henry, Fayette, Pike, and Monroe shall form , .- JOHN ABERCROMBIE, a new brigade, to be known and called the second,brigade Speaker of the House of Representatives, of the fifth division; that the counties of Bibb, Crawford, , ' ALLEN B. POWELL, * Houston, and Dooly shall form a new brigade, to be attached < President of the Senate, to and constitute theahird brigade'of the, sixth division of Assented to, December 20th, 1824: Georgia militia.. ' , DAVID ADAMS,, > Q: M. TROUP, Governor. , Speaker of the House of Representatives. THOMAS STOCKS, ' an act to authorize the Troops, of Cavalry now in tNO-794.j . .. ' President of the Senate. . r Put-yam County to consolidate and form one Troop, Assented'to, December 10th, 1823. • - and to attach the same to the oldest Colonel's RegU ' ' . . G. M. TROUP, Governor. > rnent in said County, under certain regulations. ' • , \ " Be it enacted by the Senate and House ff Representa- [no.791.] an act to alter and amend fin Act*-more effectually fives of the State of Georgia, in General Assembly met, and £ putuaa to define the duties of the Adjutant General, Division it zs hereby enapled by the authority of the same, That the thoKhS and Brigade Inspectors, and to regulate their pay; tyc.„ troops of cavalry now in Putnam county shall be, and they ^6*lt passed the twenty-third day of December, eighteen are hereby authorized to consolidate and form one troop, and one troop, ' hundred and twenty-two. - 1 ' " shall be authorized to enlist men at any time hereafter from Division BeUemctedby the Senate and House of Representatives eUher.of the regiments in said county,and shall at all times *» of the State of Georgia;™ General Assembly met, and itis be subject to the command of. the' o dest colonel of said hereby enacted bjpthe authority of the same,. That from and «»»? and attached to his regiment; hut shall not be com- S ■ after the passage of this act, .that division and brigade in- pelted to muster at any place except at the town of Eatonton, specfors shall receive, while in actual service, four dollars ln said county.^ • - HES" per day; Provided, that, lid.division or brigade .inspector § 2' ** ie ««<** That the said troop of ca- igi«, service- <■ shall chkrge for mpre than twenty days in any one Veal-. valr?' when. organized under the provisions of this att, shall « J,* H™""1' '. § 2, And be it farther, ekacted, 'That all accounts shall at any time exceed one, hundred members, exclusive ofj-J J5n? be made out according to the foregoing Section, for the officer nor shall be entitled to enlist any men from any („lk made out. ■ eigh,een. hundred and twenty-three, arid paid accord-. 'dl?'r!ct,ln-sa,d c «"der the provisions' of the ~r" ing to the provisions of the above-recited act/' ' mdma law now m force on the subject of-volunteey com- . dause'.,n° ' §'3. And be it further enacted, That so' much of the pa?l®S\,. , , , ' , . , , ' •' , Permit8- before-recited act,as militates agaipst- this act be, and the § 3* And * MUr enacted, That whenever the colo- Whenthe , same is hereby repealed. ; nel commanding the regiment to which.said troop may be DAVID ADAMS ~ attached shall receive written notice from each of the Speaker of the House of Representatives.' commanding officers of the troops of cavalry inlaid county, SLi THOMAS STOCKS - * s tr00P® wish to consolidate agreeably to the provi- • President of the Senate s^ons ^is' act» l^at ^ s^a^ his dujty to order an election eeiveswrit. Assented to, .December 17th, 1823. 1 ' for a11 the-officers to command said troop ; and at, any time ' . G. M. TROUP, Governor. hereafter' whenever ^vacancy or vacancies Thay take place ■ among the officers in said troop of cavalry, it shall be the &«. • [N0.792.J AN ACT to authorize the several Volunteer Companies colonel commanding the regiment in said county . ' ■ , of the GourUy of Chatham to re^uit, hy'the himis. ^ f r0°P be. at.tached-t0 ordeI an election sion of Members residing within the Brigade to which SUC vacancy or vaC j^^ ABERCROMBIE the said.Company is attached^ Speaker of the House of Representatives. Thevoiun- Be it enacted by the Senate and Iloupe of Representatives > . " ALLEN B.. POWELL, paniesTf"1 °f the State °f Georgia, in General Assembly met, and it . President of the Senate. ohfechat-nty is herebV ena<>ted by the authority of the same.„ That .from Assented to, November 25th, 1824. ' ham au- and after the passing of this act, it shall and may be lawful '■ G.M.TROUP Governor. recrlfitfb? ^or several volunteer companies of the county of CHat- J .* ' S/or: ham t?rfr?itl the admissionbf members residing in, any ANACT to alter the Militia Laws of this State, as far [no.795.J members part of .the brigade to which it i^ attached, and the persons as relates to the County of Richmond, and to autlwr- Etr sof admltted shalt not, during their continuance as members " ize tJle organization of a Legionary Corps in the City gade. of the said companies, be liable to do militia duty in any , 0f Augusta. other company. DAVTD ADAM^ Beit enacted by the Senate and House of Representa- cno!,in, n ,, TJ r-b ( tivesof the State of Georgia, in General Assembly met, and Richmond Speaker of Mjw rf Representatives, g is ^ enacleJd ly the of(he mme< yThat from ^ p , ? c ' x and after the passage of this act the citizens of Richmond review. Assented to, December 20th, 1823. reS,den' °f the Senate'. corinty shall be relieved from the duty heretofore imposed G M tp attp n ' uPon them of assembling .as a regiment, either for drill, * 1kuu"j tjovernor. review, 0r inspection; but shall nevertheless be subject to ^'b^18 [U0.793.J AN ACT to extend the time heretofore allowed hv Law ,h/°rders °,f the or °®cer the militia f w yv • j tf • it x auuwea oy naw cf the county, arul to the performance of the same duty in for Division and Brigade Inspectors to perform their battalions to which they have heretofore been subject in Military Duties. , , regiroen(g. ' ' , ' J sion anT ^ enacted by the^ Senate and House of Representatives § 2. And be it further enacted, That as soon as there shall fpecmrsal- State of Georgia, in General Assembly met, and it is be formed in the city of Augusta two companies of infantry, formed in lowed to hereby enacted by the authority of the same, That from one company of artillery, one company of cavalry, and one ^1,7, charge for an(j after the passing of this act, the several division and company of riflemen, each consisting of the number of two coo- MILITARY—1830. 283 panies of men now required by law to form a volunteer company; one of Ar- the officers, non-commissioned officers, and privates belong- of Cavalry! *ng to saitl cqmpanies, upon ten days' notice given in- one of ami one oi the gazettes of said city by three of the captains command- otiiceis ' ing said companies, may elect a colonel to command said howeie<* corpS> shau be known and distinguished as the Au- shall be gusta Legion ; and the person so elected shall be commis- tileUAa«uSs- sioned accordingly by the'Governor of the State, andfevery ta Legion, vacancy which may occur in the command of said corps shall be filled in the same manner. § 3. And be it further enacted, That the colonel com- manding said corps shall be entitled tp a full regimental staff, to be selected by himself from either of the companies fuii"rrgi- composing said corps ; that the uniform of the colonel and Sic be such as a majority of the commissioned sub^ectrpS °®cers saa President of Senate. , ■, , , THOMAS STOCKS, Assented to, Decernber 21st, 182(5. ' , . ' " President of the Senate. B"gade. G. M. TROUP, Governor. Assented to, December 21st,, 1827. , , — ' ' JOHN FORSYTH, Governor. [no.800.] an act to authorize the Justices of the Inferior Court , , — ' • . of Lowndes County to lay off said County into Militia an act to repeal so much of the, 22d section of an Act [no.803.] Districts. • < - ■ entitled An Act to revise and consolidate the Militia The Jus- pe if enacted by the Senate and Housd of Representatives, Laws of this State, and, to repeal the Cavalry Laws inferior ^ ofthe State of Georgia, in General Assembly met, and it is , riow in force" passed the \Qth jAecernber, ,1818, as re- Lowndes hereby enacted by the authority ofthe same, That, from and . quir.eS the Senior Officer present at all Courts of In- 1 County' immediately after the passage of this act, thjat it is hereby quiry to preside. Kfor made the duty of the justices of. the Inferior Qourt for the u enilctei ^ ,th£ Senate and Hmse, 0f Eepresen- n»iw f,alSufZ"«0.'ln^ °f L°™<>es lay ;off said county into, as many mi- (athes 0f the state 'of Gedrgia, in General Assembly met, tiri1catsd,s" fo 1Sjrl^l tT 0pim.°'l ,e.,c JJv®n'e"t* . .f "p and it is hereby enacted by the authority of the same, That %2Zsm- § ?• 't further enacted 1 hat it S,hall be the dutjr of so ^ of the before-recited act as requires, the senior Set. Peacein J"*®*- "V w,° *° a,dv1er,18e m eaCk officer present at all courts'of inquiry to preside be, and the . eachdis- mihtia district so laid pff for two justices of, the peace, and game is hereby repealed . , •SftiT' superintend said election', certifying froth under, hand'the , 2_ M 'enacted, Thatat all courts of in- Th.«. how. person, having the,highest number of .votes to his excel- qufry to be ,iekj hereafter, to be held iu this State, the officer SfitiS lency.. > .• being the highest in commission, present shall preside ; and SS&S- U Is- M , 2 Ilke manny tLey ^ . tw0. ors mor^iir the hi heat 'and. same grade are present S"1* gU shall attend to the election of militia officers,for said, dp- a>t the,same court of inqui'ry, den' the senior of such officers trrot so laid, off as aforesaid; any laws or parts of laws mrli- ^a|lpreside; any law, Osage, or custom to the contrary nob tating against the provision of tbs act be, apd^the same ^pbstjinding. - , IRBY HUDSON,' ' are hereby repealed. _IRBY HUDSON, Speaker of thq House of Representatives. . Spcaketrftbefio^ofRwmMtattvei. . .* . THOMAS STOCKS, . . » THOMAS STOCKS, - . ; President of the Senate. * ' n ' onfll, Presi4en. of. Senate. Assented to, Ilecember 22d, 18,27. Assented to, December 20th, 1826. ■ _ _ ^ JOH^ FORSYTH, Governor, G. M. TROUP, Governor. ' [no.801.] an act to authorize an additional Volunteer Compa- AN ACT t0 tredte a new Division .of Georgia Militia, [no.804.j ny of Riflemen in the County of Hall. Be it enacted by the Senate and House of Representatives The Eighth An addi- ' Be it enacted by the Senate and House of Representa- °f tfte State of Georgia, in General Assembly met, and it is 0fGeorgia, lunteer0" tines of the State of Georgia, in General Assembly met, and hereby enacted by the authority of fa same, That from and _ v rifle com- {f he^by enacted by the authority of the same,• That the after the passing of this act the counties of Monroe, Upson, ihonzed county of Hall shall be allowed an additional Volunteer com- and Butts, which includes the third brigade of the fifth di- County pany of'riflemen, and, when organized and equipped accord-, visi00, and the counties of Crawford, Bibb, Houston, and , ingto law, the officers thereof shall be commissioned by Dooly,, which includes the third brigade of the sixth di- r bis excellency the Governor, and the said volunteer compa- vision of^Georgia militia, form a new division, to be known ny shall be subject to the same rules, regulations, and re.-' by the feighth division of Gedrgia militia, strictions as prescribed by law for like volunteer companies of .IRBY HUDSON, militia in this State ; any law to the contrary notwithstanding., • Speaker of the House of Representatives. IRBY JIUDSON, , THOMAS STOCKS, Speaker of the House, of Representatives. President ofthe Senate. THOlVIAS STOCKS, / Assented to, December 4th, 1827. President of the Senate. * JOHN-FORSYTH, Governor. Assented to, December 19th, 1827. , • john forsyth, Governor. an act to add the County of Butts to the Second Bri- [no-805-! ' 1V ga.de Fifth Division Georgia Militia, and to add the [no.802.] an act to create and define a new Division of Mi- County of Pike to the Second Brigade Eighth Divi- litia, and the two Brigades which shall form, the same, sion Georgia Militia. in the territory lately acquired from the Creek Indians Be u milcted by the Senate'and House of Representatives lying between the Flint and Chattahoochee Rivers, and 0fihe state of Georgia, in General Assembly met, and it is LedUe west ofthe Chattahoochee River. hereby enacted by the authority ofthe same, That from and ThejCoun- Be it enacted by the Senate and House of Representa- after the passage of this act the county of Butts be, and the . Coweta, tives of the State of Georgia, in General Assembly met, same is hereby attached to the second brigade fifth division 1 and by the authority aforesaid it is hereby enacted, That from Georgia militia, form the and after the passing of this act, the counties of Coweta, §2. And be it further enacted by the authority aforesaid, Division. Carroll, Troup, Merriwether, Harris, Talbot, Muscogee, That the county of Pike be, and the same is hereby attached Wf Marion, and Lee be, and the same are hereby formed into a to the second brigade eighth division Georgia militia. ' MILITARY.—1828. 285 Repealing § s. And he it further enacted by the authority aforesaid, §2. And be it further enacted, That when any person Sergeants ciaiue. That all laws and parts of lawg mijitating against this act shall be drawn as a sergeant in the ma/iner# set forth in the ?0™h™3 be, and the same are hereby repealed. preceding section, he shall not be allowed to resign such 10 resisn IRBY HUDSON, office for the space of one year from the time of his being year."* Speaker of the House of Representatives, drawn, under the penalty of fifty dollars : Provided, that Proviso. THOMAS STOCKS, if such sergeant shall, at any time during the year of his President of the Senate, service, join any volunteer company of said city, or the fire Assented to, December 16th, 1828. company, and actually do duty therein for two years he shall JOHN FORSYTH, Governor, be exempt from the foregoing penalty. 1— ' §3. Ana be it further enacted, That in case of any re-In case of a [no.806.] AN ACT to alter and amend a part of the fourteenth signation, such as is prohibited in the foregoing section, the tfonfth'us and twenty-first sections of the Militia Laws of thisofficer commanding the battalion, or in his absence the State, passed the nineteenth day of December, eighteen officer of the .regiment, shall forthwith order a court of in- inquiry hundred and eighteen, so as to permit the Company quiry,'to consist of fii/e or more commissioned officers of S^and Officers of the Militia to uniform in homespun ; and to the «"/.t0 twhlch «><» person resigning shall be sum- £p«™» alter the present mode of notifying defaulting Officers raoned a* least five days before its sitting, by a notice in shai.be. to Courts of Inquiry J? & J 6 writing served by some staff officer of the regiment; and ™oned r» /m {, f . j tr st> such court when assembled shall be sworn, as is now provided them for company Be it enacted by the senate and House of Representatives ,, r . c • A . T , v . trial, officers - c J, v . . ~ r , ... by law for the members of regimental and battalion courts mayuni- of the State of Georgia, in General Assembly met, and it is i . . , 6 r a form in £rehy enacted by tht authority of the same That from and ?? • and lf the fi°e prescribed in the [preced- homespun, hereby enacted by the authority ojttie same, lhat horn ana . ^ be agsesged it ghall be enforced by an exe- &c. immediately after the passage ol this act, the uniform ol the fc c .u . a ~ a fa r.K w.t7- u ii u ™ cution signed by the senior officer of the court, and served company officers ot the militia shall or may be composed ot , , ».* 1. c .» . . • ., /* . , 1 3 , • j i j a by the provost marshal of the regiment in the form and homespun, deep blue cotton and wool, and made to cor- -y K & .■ p , i ',i,i • p . . i ,, manner in which other military executions are now enforced, respond with he uniform at, present worn by the m.litia offi- § 4_ ^ u fmlUr That when company The cers, wi ipae u e u ons< T, , . shall- ^e organized as is hereinbefore provided the com- re»'S I 2- ft t " furfr eMf ', n fr y FT mandi"S of the battalion, or in his absence [the $£ » a notice shall be served writing to any de inquent officer, officer]Sof the iment sha„ ^ orders tQ ,he ser„eLants S non-commissioned officer or private, by the adjutant or of sa^ compM/for the number of musters now pres-cribed guto.. setgeant-inajor, to alfield and staff officers, and to the com- , an(| |t s >aU ^ hig di ^ p;=* manding officers of the different companies, whose duly it ^ anie„ are , '[jriiy] . for which purpose for wMeb snail be to issue orders to their respective sergeants to serve , , „ , r. ,t ■ /; u 1 i purpose he °.c nit. rv. v j fa he .shall, be authorized to attend and command in person, or mav attend a notification on all subaltern officers, non-commissioned offi- tQ (letail some suitab[e officerfrom some one of ti)eFv„lu„teer cers and privates of the time and place the court of inquiry corps of gay dty> who ^ commaI)di an(] shaI1 have for « S o1 ' a 3 -l •> r. jT J j vp. , n 1 . ^e time being all the powers vested by law in a commis- § 3. And he further enacted .That all laws or parts sio[)ed ca tain°of a comlpan„ of laws militating against this act be, and the same are hereby § Ani ^ furt\ef JtcUi, That all defaulters at such An.Mn.n- repealed, any law to the contrary no w.ffistanding ^^ sbal, b/tried fcy a court of inquiry, detailed by the trfecTbjTa „ . ' , „ v -d , '. commanding officer of the battalion or regiment from the i^u'rvde- • Speakerof theHouse o^Representatives. company 0|cers of the city, of whom not less than three THOMAS SIOCKS, , \\ P I J I I, .•••/• V from the p -a t V are now provided for the election of first' and second lieu- ' Speaker of the House of Representatives., tenants ; which^thij-d lieutenant* so elected, shall be com- THOMAS STOCKS, missioned by the Governor. j ' President of the Senate. §4. Be. it further enacted by the authority_ aforesaid. Repealing Assented to, December 22d, 1829. • : . , That all laws and parts of laws militating against this [act]clause- GEORGR R. GILMER, Governor, be, and the [same] are hereby in so. far repealed. . • . ■' • , , ; v warren jourdan, , [no.809.] an act for-the encouragement of Volunteer Compa^ . Speaker of the House of Representatives. ni§s ip, the Counties of dWonroe and Lincoln. _ i ; v THOMAS STOCKS, Volunteer fa % enacted f y the Senate , and -House of Representa- ' President of thp Senate, companies fives of the State of Georgia, in General'Assembly met, and Assented to, Decemb^22dv 1829. tobei^ssi it is. hereby enacted by the authority of the same, That all > r GEORGE R. GILMER, Governor. .—1825. [no.816.] AN ACT* entitled Jin Jlct to set apart and reserve for the, use of the State all valuable Ores,I Mines, and Mi" \ nerals, which have been or may hereafter be discovered upon Lands which now are or may hereafter be, the ■. property of the State of Georgia, and to make pehttl and provide for the punishment of the removing, carry- ing away, or secreting the same7 to the loss of the State- Grants Be it enacted by the Senate and House of, Representatives bfissued40 °f the State of Georgia, in - General Assembly met, and it stateto hereby enacted by the authority of the same, That all contain.a grants, titles, pr deeds whatsoever, to be hereafter issued by, ofauVatl°n this State to any person t>r persons, partnership, or corpora- ores*: &c tion, shall bear uppn the face of the same a reservation to which inky the State of all mines, ores, minerals, and quarries of gold, *eredS.C°" sdvbr, le£Ub or c?PPer> which have or hereafter may be dis-. covered upon any land or lands which now do or hereafter may be the property of the State df Georgia, and upqri the T}ie land discovery of any one or more of therini shall fevert accord- therstate.t0 ingly ? and that upon the reversion of such land or lands to . s the State, the owner or occupant shall be reimbursed by the State the-value of his improvements and the land for the purposes of cultivation, excepting always the .value of the ore, mine, mineral, or metal. . ' Persons' § 2. And be it further enacted, That no person or persons cmiceaiing. -yvhatsover shall conceal, remove, carry away, or work any ores, &c. ore, mineral, mine, or metal.of gold, silver, lead, of copper lands habie found upon or in any lands which now are or may hereafter tiary"pu " ProPerty State of Georgia ; and any person or nishment. persons so offertding shall, upon conviction of the same be- fore any cotirt having competent jurisdiction thereof, be.im- prisoned in the penitentiary for a term not less than four nor more than six years, and be further liable for damages * See Aet No. 811, repealing this Act. to doublevthe amount of the ore, mineral, mine, or metal so concealed; removed, carried away or worked. , . § 3. And be it'further enacted, That the Gfovernor be, Preminm and he is hereby authorized tor contract with any person or whoreveai persons who may reveal and discover to him'or his author-or discover •i • , J i' ' -./..'.■I any ores, ized agents any mine, ore, mineral, or metal of gold, silver, &c. .lead, or copper, to allow such person or persons any portion of the product of such rpine, ore, mineral, or metal, not ex- ceeding one-fourth part ,of the nett profit of the same, Pro- Pro;igo. itided, the whble amount so allowed-shall not exceed fifty thousand dollars ; and upon the discovery of any mine, ore, mineral, or metal, the Governor be, and he is. hereby author- i?e4 to adopt necessary and proper means to preserve and protect the same for the use of the State, and he shall be further authorized to reserve to th£ State the locality of such mine, ore, mineral, or metal. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, : President of the Senate. Assented to, December 24th, 1825. G M. TROUP, Governor. AN ACT to repeal an Jlct, entitled Jin Jlct to set apart [no.sii.] and reserve for the use of the State all valuable Ores, Mines, and Minerals, which have been or may here- after be discovered upon Lands which now are or may ' hereafter be the Property of the State of Georgia, and , to make penal and provide for the punishment of the re- moving, carrying away or secreting the same to the loss of the State, andfor other purposes, passed the twenty- fourth of December, 'eighteen hundred and twenty-five. Be it enacted by the Senate and House of Representatives PENAL CODE.—-1820. 287 The act. of the State of Georgia, in General Assembly met, and it nunesl&c. is hereby enacted by the authority of the same, That from repealed. an(j immediately after the passage of this act, all the before- recited be, and the same is hereby repealed, ores, mines § 2. And be it farther enacted by the authority aforesaid, *°t"heested That all and every person or persons who have obtained a grantees. grant 0r grants, issuing under the authority of the before-re- cited act, or any person or persons who may hold a legal claim of titles from said grant or grants, shall have all the interests, benehts, and profits of all the ores, mines, and minerals as fully vested in them as if no such law had been WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 3d, 1829. GEORGE R. GILMER, Governor. PENAL CODE.—1820. [no.812.] AN ACT* to alter and amend the Penal Code of this State, passed the 2Oth day of December, 1817. crimes Ty • • and misde- "e enacted by the Senate and House of Representatives which1rs °f ^tate °f Georgia, in General Assembly met, and it is wererecog- hereby enacted by the authority of the same, That all crimes thferimi- an^ misdemeanors which were recognised by the criminal fbrce^ev? ^aWS *n ^orce *n State,- previous to the passage of an ouTtorethe acton the 19th December, 1816, entitled "An Act to reform and °which Penal Code ofcthis State, and to adapt the same to the crimes and Penitentiary System and which crimes and misdemeanors, norst byea" an act entitled " An Act to amend the Penal Code of this i8i7^Cwefr ^tate>" Passed the 20th day of December, 1817, were pu- punished nished by confinement in the penitentiary for a period of menUn the ^me not exceeding four years, shall in future be punished by penitentia- fine and imprisonment in some jail of .said State, at the dis- rfod°ofatime cretion of the court, or in such manner as was pointed out hi°gtfoureed ^or punishment of such offences by the criminal laws in years, how force in this State previous to the passage of said act of the nishedPin day of December, 1816'; arid in all cases where the Newcre- acts an(^ 1817vOr either of them, created any ated^of-6" new offences not recognised by the criminal laws in force in the'aet'of ^is ®tate Previ°us to the passage of said, acts of 1816 and. 1816-17, 1817? and which new offences created by the acts last afore- were^pu^b said? Or either of them, were punished with death, shall not nished with jn futurp be punished by the death of the offender, but by a death, how ~ r \ . i . , , , „ 7 / - punished confinement m the penitentiary at hard labour for a period. in aiTnew ^me not *ess seven years ; and in all other cases of fencesdb°f created offences by the said acts of 18.16 and 1817, or sahi^cts, either of them, or offences Dot recognised by the common eddbyUeon- ^aw' w^en punishment by said acts, or either of them, finement in was confinement in the penitentiary, or other punishment not tentiary) affecting life, shall in future be punished by confinement in nfehedin penitentiary for a period of time not less than four years, future., or by fine and imprisonment in the common jail in some cLeshow1 county in this State, at the discretion of the court; and in punished, all other cases where punishments are inflicted by the penal code now in force in this. State, and not hereinbefore pro- vided for, shall be punished by fine, or by fine and imprison- Msesm a" ment in the common jail in some county of this State, at the where fines discretion of the court; and in all cases where fines are di- ed when rected to be assessed by the court by the penal code now in rynpunYsh- force in this State, where penitentiary punishment is now ment is inflicted, the saic} fines shall continue to be assessed by the ed,WthefllCt* said court in cases where penitentiary punishment is or may fines to by this act.be inflicted. The'super- §2. And be it further enacted, That the superintendence oYthepe-8 t^ie penitentiary shall be vested in three inspectors, with nitentiary all the powers heretofore vested in that body, and with au- ed *!n the'" thority to employ the necessary number of assistant-keepers with ai^8 an(^ guard> not exceeding the number heretofore provided the powers by law ; the said inspectors to be appointed annually by joint vestedfand ballot of both branches of the Legislature, to hold their ap- tSltyVo P°intments unt^ tbeir successors are appointed ; and the employ the necessary * See Act No. 813, altering and amending this Act. number of inspectors so appointed shall be entitled to four dollars per assistant day each, for every day's actual service performed by "them; andgiard, Provided, such demands do not amount in the aggregate, &c- ° when applied to the whole board, to more than fifty-six dol- r°vls°' J lars per month. § 3. And be it further enacted, That all laws or parts of laws repugnant to this act bq, and the same are hereby re- pealed. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 20th, 1820. JOHN CLARK, Governor. AN ACT to alter and amend an Act passed the 20th day [no.813.] of December, 1820, entitled An Act to alter and amend the Penal Code of this State; passed the 20th day of December; 1817; Be it enacted by the Senate and House of Representatives A]1 crimes of thk State of Georgia, in General Assembly met, and it is mLnors^ hereby enacted by the authority of the same, That from and ^^bre after the passing of this act, all crimes and misdemeanors cognised which were recognised, by the criminal laws in force in this l^of State, previous to the passage of an act on the 19th day of iei6>nd December, 1816, entitled "An Act to reform the Penal Code which"d of this State, and to adapt the same to the Penitentiary Sys- and tem," and also an act, entitled "An Act to amend the Penal meanors Code of this State,", passed the 20th day. of December, halebeeu 1817, and which crimes and misdemeanors by said acts, or ^""confine either of them, might have been punished by confinement in mentYfor * the penitentiary for a period of time as long as four years, iotas' shall in future be punished by confinement in the peniten- f0U1 years, tiary at hard labour, for a period of time not less than four to beYot years. fouVeas § 2. And bd it farther enacted by the authority aforesaid, AiYcrfnies That all crimes and misdemeanors which were recognised iSnYS''0" by the criminal laws in force in this State previous to the recognised passage of an act on the 19th December, 1816, entitled said by the "An Act to reform the Penal Code of this State, and to J^®" adapt the same tD the Penitentiary System," and also an act which entitled "An Act to amend the Penal Code of this State," Semea? passed the 20th day of December, 1817, and which crimes and misdemeanors, by the said acts,.or either of them, might or either'of not have been punished by impriHtament in the penitentiary Slight not for a period of time as long as four years, shall in future be have been punished in such manner as such crimes and misdemeanors FoTfour as were punished by the criminal laws in force in this State J®®™^* previous to the passage, of said act of 19th December, 1816. in future. § 3. And be it farther enacted by the authority aforesaid, g of That in all cases where the said acts of 1816 and 1817, or island0 either of them, created any new offence or offences not re- ^any®* cognised by the criminal laws now in force in this State pre- vious to the passage of said act of 1816 and 1817, and which recognised m PENAL' CODE.-1*829. • by the laws new offences created by the acts last aforesaid, or either of § 2. And be it further enacted by the authority aforesaid, and"'which them* were punished with death, suc.h offence or offences -That all laws or parts of laws militating against this act be, new of. shall in future be punished with death ; anil in all other easels and the same are hereby repealed, peunfshTdere of new created offences by the said acts of 1816 and 1817,, • ; '% ' • > ' , by death, either of them,.or offences not recognised by the criminal - Speaker of the House of Representatives. . „ f., * ■ . mnAiif AQ Q'rrtr«tra x ' IRBY. HUDSON, ture be"pu-laws in force previous to the passage of the acts last aforesaid, . ' THOMAS STOCKS, death?by where the punishments by said acts, or either of them,- was President of Senate, confinement in the penitentiary, or other punishment not Assented to, December 26th, 1826.. ■. } affecting life, such offences shall, in future, be punished.by ' • . ' G. M. TROUP, Governor. other cases of new ere- fences^by confinement in the penitentiary at hard labour, for a period of said act! how pu said acts, time bf not less than four nor more than seven yearsr or by &N ACT to amend the twelfth Section of the ninth [no.816.j nfshedTn fine, or by fiiie and imprisonment in the common jail in spine, . • . Division of the Penal Code of this State. county in this.State, M the discretion of the^court, .Re it e^aeled by the Senate and House of Representatives u, sass A *: A"d l° er>afd * tforesmd „f the,State of Georgia, in General Assembly met, and it is £»* onm *»*>enact^fe "f tU ***? That n?thi-ng HSr.. were in- %111(3 Penf1 ,™a® °r '* nerein provtaea tor, such { {d tyn ghall in future be SQ C9nstrued as to authorize ture be«, KSfir 0fif1<=efv shatl.in future be punished ;n the .manner pointed lhe destr.uctfcn 6f any'^rist or saw mill, or water machinery Sir sp" ont in the code last aforesaid , and m al casds 0/offences „ consideration, except it he by and upon the affi- tA Sr. r?c°^/y 1® eT«fd ^7 mtZa T6; "f two ormore freeholders, before'one or more of the fiSS vided for vious to the passage of said acts of 1816 and 1817, and not • bv this act I■ K r V ^a A T l ^ ' ' TV?. '' f Tl justices of the,Inferior Court of the county in which the nui- K7r'.h0'-O'nbf?re provided for, such ounces Shall; ,n future, be J complained of may exist, testifying tbat the health of ■SSf pui'?l>0 Sires' ^f°rCe 8 0,6 ° 6 °omnnS510n of the cnme; or .sauce, and evidently injurious to the. health' of the neigh- committed ° ,, . - u1 ^ . j7 , bourhood, tfie sheriff shall be ordered to remove such cause II" d°utt •S?S2" of nuisance; the parties concerned, however, shall have 5f.n S°Er ^ K foofa nr,Ce °" 7 fno«, the.erst ttay of ^ h, of 'an ^ fi d ^ g erior Tp'uS February 1823 ; and that all laws.and parts of laws militating CourftMreafter {,^ld in 8aid tyy ivi bonPd and m itfli aga,nst fl"? aet bf' an<( e same Y,e,tZ :T,r?N?ier ' ' • for the eventual c,ost; aid that the sherfff shall not format the Soeak'er of the House of R^Dresentativcs ' abate;said measure until the five clays shall have' elapsed.'^ , MATTHEW TALBOT,. * •fationon . , , ,. President of the Senate That a11 lawsand Parts of laws. ^^^ating against this law &c to*, ihe ist day * be, and the same are hereby^-repealed. ' court* Assentedto, December 23d,.1822.- :? IRBY HUDSON, ciau^'8, , i ' \ ' Speaker of the House of Representatives, a Duiiarw , [no.814.] AN ACT to amend the twelfth Section under the fifth ; ... o*0 6liallre,' y-v • • • /i ,7 y% ^ /n j /» ,7 • rx, . j j.1. ' • x^rcsiciGrit of the feensite* movcit, Dimsum of the Penal Co,h of tins State, pm¥xl the Assented to_ December g2d> 1828. u»g* • twentieth day of December,, eighteen hundred and - ' J0HN FORSYTH, Governor. lowed, &e. seventeen, so far as to alter the definition of Bwrglary. ■ ' p ' ' dause!'"8 , ff%f^^}»t^sfaateandB^eofRepresenM}ves AN amend the Penal, Code, passed in,(heln«m aiter«i, °f the State of Georgia, in General Assembly met, That from . year 1817 breaking and after the passage of this act, to constitute a. burglary . fng into we- there shall be a breaking and entering into the duelling or ; ^ enacted by the Senate and House of Representq- ^ar7. mansion-house with intent to commit a felony ; any law to °f State ,of Georgia, in General Assembly met, and abductine ^ c7 ' the contrary notwithstanding. it is hereby enacted by the authority of the same, That from J{ngkiJnnJp' DUNCAN G. ,CAMPBELL, and after the passage of this act, any person or persons who white per- 1 1 ' Speaker pro tem. of the House of Representatives, shall feloniously abduct or kidnap any free white person or ^"Ke ! ALLEN B. POWELL, ' persons from out of the limits of any local jurisdiction or President of the Senate, county, or from out of the limits of this State, shall be shaiibeyu- .' Assented to, December 24th, 1825. . punished by imprisonment in the penitentiary for a space of jSfi. •, G. M. TROUP, Governor, time not.less than .five, nor more than seven years; any law ry^confine ' or ordinance to the contrary notwithstanding. ^ven ™ rN0 815 1^ ACT to amend th^Penal Code of this State, so fat WARREN JOURDAN, yearfc ' J as relates to Costs erection of penitentia- the appointment of the principal keeper of the penitentiary, .§ 3. Be it enacted by the authority aforesaid, That •the^ceUs' appointed all the assistant-keepers, the book-keeper, the inspectors, principal keeper of the penitentiary, under the direction of the The princi- annually} the physician or surgeon to the institution, and all other inspectors, be, and he is hereby required to make such alter- l^uiredw vernor!*0" officers and agents provided for by law, except contractors ations in the location and. construction of the workshops in J^nsln'* for supplies, shall be annually made by his, excellency the the penitentiary as may be necessary to carry into effect the the toca- Governor for'the time being. < , provisions of this act. . , : ; , tion, &c. The in- > § 2. Arid be it further enacted, That'it shall be the duty ,§,4. Be it enacted by the authority aforesaid, That the 2°^ theCpeni-°f °f the inspectors of the penitentiary to prepare and make to sum of five thousand .dollars, appropriated heretofore for propriated tentiary ffiis excellency the 'Governor quarterly returns of the state the support, of the penitentiary for the year eighteen hun- quarterly e and condition of the penitentiary, exhibiting the number, dred and twenty-nine, be, and the same is hereby made a penitentia- theUGover- namesi and occupations of all officers and agents employed fund to be applied to defraying the expense of such altera- yei?ig» nor,&c.ex- in or about' the institution, all contracts made for supplies tions, improvements, and addition to the penitentiary build-™^e*de. n'miber;tke of- provisions and materials, t{ie number, names, and crimes of ings as are herein directed to be made; and that the same fray thee* names, and persons confined in the penitentiary, the actual stock of mate-, be paid out for said purposes to the principal keeper, under SiPof all rials to be wrought up or manufactured, an invoice or accurate the direction of his excellency the Governor, in such man- terationi. £*££ account of the' articles already manufactured and for sale ner and at, such time as he may think, most expedient and tracts made that may be on.hand at the time any such return is made, best. ■ p"Ls1&c., together with an account of the debts due by and to the in- § 5. And be it further enacted, That it shall be the duty ber>'names stituti°n> anc| 4ny other fact, transaction, or occurrerice that of the principal keeper so to arrange the convicts at labour, Uranged and crimes said inspectors may think proper to comipunicate for the that they may be under the personal inspection of some one r confined)8> benefit of the institution. ,, of the keepers at all times, whose duty it shall be to prevent insP?*ne stockCof^H §. 3- -^nd be it further enacted, That in jmaking or pre- them from holding intercourse one with another, either by th"/ ^ materials, paring said quarterly reports, the said inspectors shall com- words or signs. Knver- ^making'- maP^ the services of the book-keeper, or any other officer or §6. And be it further enacted, That the convicts shall saiion ai- said re agent whose time they believe can most conveniently or ad- be punished with solitary confinement in cells provided for • inspectors vantageously be given to that bject, but without additional that purpose, at all times except during the hours of labour, vicwtnbe mandate" or com.Pens,a^on* an(l the time allowed by law for taking their meals, so soon by solitary Services of § 4. And be it further enacted,- That it shall be the duty as practicable under the provisions of this act. mmitothc keeper,&c. his excellency the Governor to recommend from time to § 7. And be it further enacted, That the principal keeper, wiisataii vernm^r t*me'to t'ie insPe°t°rs °f penitentiary, such changes in together wit,h the inspectors, are hereby authorized and re- "^tdurVng quiredfrom the regimen and police of the penitentiary as may seem to quired to make such by:laws and regulations as they inay to^recom^6 ^ra expedient; and for gross neglect of duty, or abuse of think necessary to carry into effect the provisions of this act. Thekeer ~ - - * -i. - - - - . and In- ^njeqd to the confidence by any officer or agent of the penitentiary, to ad- § 8. And be it further, enacted, That the principal keeper gp| Anepectore monish or dismiss such officer or agent, and appoint an- and each and every officer under .him, shall remain in the au thean81min better qualifications to the,vacancy. . . ^ • department to which he belongs during the hours of busi- byT»w"t0 aridpollis" M ■ ' carrythi» specton authorized nmk« PHYSICIANS.—1825. 291 f°ct'nt°ef" ness (unles3"absent ty special leave of the inspectors); and Th!>prin- for a violation of this regulation it shall be the duty of the elPaai'dkeep~ inspectors to report the officer offending to the Governor, each officer who may for the first infraction reprove, and for the second shall re- . f. main in the dismiss him. to which*1* § And he it further enacted, That it shall be the duty he beloncs of the principal keeper, and he is hereby required on the siness 6u" first day °f January in each year, or as early thereafter as hours. practicable, to make out and present to the inspectors an esti- foiling so to mate of all the Materials necessary to carry on the various portPdhtore" departments of business in said institution for the year, which the Go- for timber shall be at least one year in advance; and it The pr'inci- shall be the duty of said inspectors, or a majority of them, pal keeper ^ t0 order the purchase of the same from time to time, as the the'be- 3 funds On hand may enable them ; and it shall further be the eachUyear duty sa^ inspectors, as soon as the estimate aforesaid is tomakeout made out and presented by the principal keeper, to adver- toUieiu-"* tise that they will let out upon contract to the lowest bidder be established a board of physicians to be assembled an- keepers from vending or exposing to sale medicines already non-n- i meet an- nually at the seat of government, who shall, at their annual prepared: Provided also, that nothing herein contained shall censed nually at r . ,. .. . , -c , f t i s physicians f the seat of meeting, examine all applicants, and it on such examination be so construed as to operate against or upon any person or if he does. ( they are found competent, shall grant to such applicants a persons who now are and heretofore have been engaged in Proviso-. examine license to practise physic and surgery : Provided, that seven the sale of drugs and medicines as apothecaries, or who may (and'erant members of said board shall constitute a quorum to make be and heretofore have been engaged in the vending of drugs : pIov'^8' such examination and grant such license : and provided, and medicines, as an -exclusive branch of merchandise. r0vl!!0- O o 2 293 PHY SICIAN S.—1825. ofhphy°£rd § 1^. And be it further enacted, .That the board of phy- cians to sicians created by this act shall have the power tb examine •nyapo- any apothecary who may apply to it for a license, toubhing thecaryap- their knowledge of drugs and pharmacy, and, on finding a license' such persons qualified shall grant Such licepse, and shall receive therefor the? same fees as provided in this act Tor license to practise medicine arid surgery. ^Temporary § n. And be it further enacted, That to prevent delay may'be and inconvenience, a- single member of the bpard of phy- applicants0, sicians may, grant temporary license to applicants therefor, &c. ' and make report thereof to the board at their next meeting for confirmation, or further evidence of qualification to be proviso, given by the applicant: Provided, that a temporary license shall not continue in force longet than the next meeting ( of the board, and that a temporary license shall in no case be granted by one- of the board after 'the applicant has been refused a license by the board of physicians. 1 The board § 12. And be it further enacted, That the board of phy- eiect^offi-10 sicians be, and they are hereby authorized and empowered cers, and to elect all such officers and frame all such by-laws as may |^b&Ci be necessary to carry this act into effect, and in case of the death, removal, or refusal to act of any member of the said board, the said board or a quorum of them be, and they are hereby empowered to fill up any such vacancies. - t a book to, § 13. And be it further enacted, That said board shall enter the° enter tn a book to be kept by them for that purpose, the t names of names of each and every person they shall license to prac- physicking tise physic and surgery, and the time of granting the same, and^the ' together with the names of the1 members of the. board pre- granting sent, and shall publish the same in some, newspaper printed cense11" at seat government, \vithin thirty days after granting the same. ' , » ' 1 The board § 14. And be it further enacted, That' said board of phy- body cot- s^ans be considered a body .corporate, so far as to porate. hold property both real and personal, keep a common seal, sue and be sued, and that the book so kept by the board as aforesaid shall be.considered a book of record, and a trans- cript from the same, certified by the proper officer under the common seal shall be taken and received as evidence in any court of law in this State. DUNCAN G. CAMPBELL, Speaker 'pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. , G. M. TROUP, Governor. ' ' — ' . ■AN ACT to establish a Tribunal to inquire into the [no.825,j qualifications of persons claiming to practise Medi- , cine, Surgery, and Midwifery within the city of Sa- vannah, and to grant Certificates to the same if found properly qualified. Whereas, it appears by a memorial of the mayor and al- preamble; derm en of the'city of Savannah that the good people of the said city, and especially the poor and illiterate people thereof, have suffered heretofore much evil from the want of proper laws to regulate the practice of medicine, sur- gery, and midwifery therein, the consequence of which' want has been the indiscriminate and arrogant pretensions and undertakings of many unlearned and empirical persons to practise therein in the said arts; and w'hereas, sound policy and a proper regard for the healths and lives of the citizens of a commercial, populous, and growing city, re- quire that the Legislature should guarc^ against such an evil for the future; Be it therefore enacted by the Senate and House of Repre- ^aM&dicai sentatives of the State of Georgia, in General Assembly met, society, es- and it is hereby enacted by the authority of the same, savannah" That the Georgia Medical Society, established in the city vested with Qf Savannah, shall be invested with and possessed of full authority _ ' . . .■r J . to examine power and authority to examine, inquire into, investigate, and determine on the professional qualifications, attainments, Jjjj'jjj; and capacities of all and every person or persons claiming lificatiom, to practise within the limits of the said city in the said arts ciam^g"^ of medicine, suVgery, and midwifery, or in any two or more tp™^*e of them, and to grant certificates of qualification under the Savannah common seal of the said society, or if there be no common seal, under the signs manual of their president and secretary, midwife^, to him, her, or them so claiming and making application therefor, if by a majority of said)society he, she, or they shallbe deemed duly learned and qualified ; and it shall be under Ihe*' the duty of the members of the said society, when applica- ^ ®"dntl_ tion shall be made by any person or persons for his, her, or ai of their their examination, to the end aforesaid, to. convene at their &rce.sulew, customary place of meeting, and to decide upon the appli- cant's petition within ten days after they shall have been 8uedeXn summoned to convene by their president, or, in his absence, sickness, or other inability, by the person or persons dis- made charging his duties, or, if there be no such person or per- eease.U sons, after 'they shall have been summoned by their secre- tary. And it shall be the. dufy of the said president, per- son or persons performing his duties, or secretary, to sum- wi,ose mon each and every member of the said society, by a written to "citation expressing the object of the meeting, the name or the Board, names of the applicant of applicants, and the day of the ex- gam^shaii amination, within ten days after application shall have been ^one by iriade to him or them ; Provided always, that prior to the citation, examination of any and every applicant, the, members ofpr®vigj the said society shall severally take a solemn path, to be ad- Priortoany ministered by the mayor or any alderman of the city .oftSiMth Savannah, well, truly, and impartially to examine and decide ta£gnbeaD(1 upon the attainments and qualifications of the applicant' or administer- applicants, and to grant certificates of, qualification to him, Mayo/or her, or them, if in their judgments he,, she, or they shall be ®nayn^dtch'j found duly learned and qualified to'practise in the said arts city of sa- of surgery, medicine, and midwifery, or any two or one them ; and provided also, that in their examination the said hereof said society shall, be restricted and confined to the investigation proviso, of professional attainments and capacity alone, without re- gard to any former or present professional or moral reputa- tion, and shall not at any time require as a test of qualifica- tion, or. any degree of evidence thereof, that any applicant should have obtained a diploma from any medical college or university, or should have studied thereat or elsewhere. § 2. And be it further enacted by the authority afore- < ■' said, That if, after application shall have been made agree- For any- -able to the .provisions of this act, the president of said so- Vioiation»r oiety or other person or persons performing his duties, or, there being no such person or persons, if the secretary of duty on the- said society shall refuse or shall delay till after the time gaiety heretofore prescribed to issue summonses for convening the ' members, or if he or they shall appoint a day for their con- tain 1* vening more remote than the tenth day frqpi the day of the jjXuon date of the citation, the person or persons applying may arep£ severally institute an action or suit at law in the Superior suit feme- or Inferior Courts of the county of Chatham against the said president or person, or persons, performing his duties, or tuted^ ^ against the secretary, to recover damages, against him or president them, in his or their individual capacity or capacities, for his °[p^" or their refusal or delay or improper appointment. And if,ing bis do- after being summoned to convene, the said society.shall fail whatsba» to do so on the day appointed in the citation, or afterward ^ ^n®'d on an adjourned day, but a- day within the time heretofore heid vioia- prescribed for their convening, or if, having convened, they "™sof * shall severally fail to take the oath aforesaid, or having taken such oath, shall fail to proceed to the examination aforesaid and to a decision thereupon, or if the said society shall in any respect violate the provisions of this act, it shall be the duty of the judge of the Superior Court of the county of Chatham, upon the petition of the party injured, setting juder »f forth any Such- failure or violation, and supported by his affidavit of the truth of such petition, to grant as a matter ©f of cb8*' POOR.—1820. 293 ham Coiln- ty may hear the complaint by petition, and grant on said scire facias, to he direct- ed to the President, &c. The said Court may in cer- lain cases adjudge the charter to be forfeit- ed, &c. Any person who has been re- fused a certificate, may again apply for an exanil- nation af- ter a_lapsa of six" months. Proviso. Any per- - son claim- Ing to-praq- tise in any of said arts in the city ofSavan- nah, not having ob- tained a license or certificate of qualifi- cation, he shall not right a writ of scire facias, directed to the president and members of the said society, requiring the said society to show cause at the next term of the said [court] why their charter or act of incorporation should not be deemed for- feited. A copy of this writ and of the petition shall be served upon the president or secretary, and if the allega- tions be denied, an issue shall be joined, and the facts be tried by a jury empannelled and sworn as in other cases. If the allegations of the petition be found to be true, or if they be admitted, and no good cause be shown, it shall be the duty of the court to adjudge the charter forfeited, and to order execution to issue for costs agaiftst any property of the society. • If no appearance be filed on the first day of the term, or if, having appeared, good cause be shown for the former failure or violation, it shall be the duty of the court, upon application of the party injured, to appoint a day not more remote than ten days, on which the society shall convene, and conform in every thing to the require- ments of this act; and to the order for this purpose no return shall be received from said society but one of absolute compliance, under oath of the president or secretary, which return shall be filed in the clerk's office within five days after the appointed day. On failure to make such return, the judge of said court shall, in vacation, award a judgment of forfeiture of the charter upon application as aforesaid, and execution shall issue for costs as aforesaid. § 3. And be it further enacted, That if any person shall be refused a certificate, he or she may again apply for ex- animation after a lapse of six months, and it shall be the duty of the said society to rebeive any number of applica- tions, and to conform on each application to the provisions of this act, and subject to all its responsibilities, 'provided the interval between any two applications be not less than six months. § 4. And be it further enacted, That if any person claim- ing to practise in the said arts, or in any two or one of them in the said city, shall presume to do so openly or covertly, not having obtained a certificate of qualification, it shall not be lawful for such person to recover in any court of law or equity in this State his or her fees or charges for services done within the said city of Savannah, nor shall it be lawful for any company or copartnership of uncertificated persons ; and such person shall be moreover liable to prosecution by indictment, in the Court of Common Pleas and Oyer and Terminer of said city, at the instance of the mayor and aldermen of the said city, or of any common informer. Bonds of prosecution shall be given, as in other cases arising and liable' under the penal laws of this State : if at the instance of the u0,f mayor and aldermen the bonds shall be given by some person acting under their sanction or authority, otherwise by the com- ofcommon mon informer, and upon the first conviction, the accused may ©ytr and be fined by the court in a sum not exceeding one hundred dol- Terminer lars, and on each subsequent conviction in a sum not exceed- Bonds fory' ing two hundred dollars, besides costs of prosecution in each £,™nebetion case, one half of the fines shall be paid into the treasury of given as in the city of Savannah, or to the informer, and the other half ^,defncases shall be equally divided between the Union Society, and the in~ Female Asylum Society, for the benefit of the orphans and shabbefcy children of said societies. a^Aider- § 5. And be it further enacted, That no part of this act men, the shall be so construed as to affect any person or persons, g°vednbybe now practising or claiming to practise in the said city in the said arts, or in any two or more of them, and now re- under m siding in the said city, or who shall be engaged in the prac- Th^pu- tice of the same, or of any two or one of them therein, on or before the first day of February next not to af- § 6. And be it further enacted, That if the Georgia Me'di- p®®'®"7 cal Society shall communicate to the executive department now prac- of this State, on or before the said first day of February anyofsaid next, their acceptance of this act, as an act additional to arts in the their charter, and that they are willing to be bpund by its vannah. a' conditions and requirements, this act shall from thenceforth 1^^®^ •commence in full and complete operation, but otherwise to com- shall be totally null and void : And be it also enacted, That ""ii'iTex- the said society shall, before the said first day of February, ecutiveDe- give notice of their said acceptance to the mayor and alder- their ac- men of the said city of Savannah, whose duty it shall be to ofPtmsact make said acceptance public, by advertisement in all thetytheist public gazettes of the said city three times a week, for the February space of one calendar month. next- § 7. And be it further enacted, That in the event of the in the acceptance by the said society of this act, agreeably to the acceptance, aforesaid section, this act 'shall continue until the first day of January one thousand eight hundred and twenty-six, and the 1st day no longer. DAVID ADAMS, Speaker of the House of Representatives.110 longer. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1821. JOHN CLARK, Governor. POOR.—1820. [no.826.] an act to authorize the Justices of the Inferior Court be, and they are hereby authorized to pay for the above-men- land thaw of the County of Richmond to purchase a lot of land tioned lot of land not exceeding six hundred dollars, out of Seutia- not to exceed one hundred acres, within said County, an7 moneys belonging to said county not otherwise appro- therefor. for the purpose of erecting a suitable and convenient Priated, and to require of and receive from any person building for maintaining and educating the Poor of or Persons of whom said lot may be purchased a good and said County. complete title to said lot of land to said justices of the In- <- . ™ m j x ci . j tt ferior Court of Richmond county, and their successors in £he„f*S- V- enacted by the Senate and House ofRqpresen- offi ,aw t0 the cont notwithstanding, inferior tatives °f state of Georgia, in General Assembly met, DAVID ADAMS &CL Td u H fnacted.ly t,tee <"fwrUy of the *ame, That Speaker of the House of Representatires. authorized' from and after the passing of this act, it may and shall be VAL WALKER srs?"8 H™/"1 !br thf justices, of the, Infe™* Court of the county President of the Senate, pro tern. the benefit of Richmond to purchase a lot of land, not exceeding one Assented to, December 3th, 1820. ot the poor, hundred acres, in said county, for the purpose of erecting a JOHN CLARK, Governor, suitable building for maintaining and educating the poor of r said county. Not to § 2. And be it further enacted by the aforesaid authority, an act to be entitled An Act to alter and amend an [no.827.J rjr That the justices- of the Inferior Court of the said county, Actv entitled An Act to amend the fourteenth section £94 POOR,—1829. of an A($, to protect the Estates of Orphans, and to make when thus appointed, shall take and subscribe before any , permanent provision for the Poor, passed an the twenty- one of the justices of the Inferior Court the following oath : fourth day of November, eighteen hundred and eigh- —1» A. B., do solemnly swear that I will, according to the The oatL . teen, so far as relates to the Cpunty of Wilkes. best of my skill and ability, manage and so direct the affairs Preamble. Whereas, it is found by experience that the .provision of the poor-house asylum, as shall seem to me best calcu a ed made for the poor in the above-recited act is insufficient for to Proniiote an economical and comfortable support o the their support; ' ' y invalid poor received at the same ; and make annually a true 'rfh. Be u eaa° ia_ repealed. DUNCAN G. CAMPBELL, - , ceed; under or warrant, drawn on or payable out ' irafts, &c. of any appropriated fund that may have been exhausted or ' lent"date" covered by orders, drafts, or warrants of antecedent date r ,r acceP- or acceptance; nor shall the treasurer pay money to any " vo?shall draft or warrant, (except President or Speaker's warrants), urerpay" unt*I comptroller general shall first have approved and aoney to accepted the same, pursuant to the provisions of said act; "warrant, nor out of any other fund or appropriation than that on Smptroi- said draft or warrant is legally chargeable. n General § 3. And be it further enacted, That the said comptroller ave ap-1 general and treasurer shall be respectively accountable for roved and the amodnt of all orders, drafts, or warrants by them ac- iesam». cepted, approved, passed, or paid, contrary to the provisions ■rand™' this act; to be recovered in any court having competent Measurer jurisdiction, by action of debt, prosecuted in the name and ountable f°r ^e use of the State, against said comptroller general and rders &c ^reasurer» respectively, and their securities. ontrary to § 4. And be it further enacted, That it shall be the duty erecover- comptroller general to keep a regular account with din the the treasurer, in which said treasurer shall be charged with testate. all moneys paid into the treasury, and to place to his credit •r toPk°e" several sums specified in all orders, drafts, and warrants, reg°uiarep legally made or drawn on him. 'hhthe § And be it further enacted, That it shall be the duty 'reasurer, of the comptroller general to report to the Legislature, omptroi- within the first week of each annual session, a full and com- ^re. Plete account of the state and condition of the, treasury, wt tothe comprising the aggregate sum actually paid in, for all taxes, muahyre debts, and demands of whatsoever description, during each "thin the st week the aoa- preceding political year ; and the several items of expendi- ful ture incurred for the same period; the salaries and pay ofpieteac- all officers and agents employed in the civil and military ser- gtat vice of the State ; the incidental expenses of the Legisla- a;.d condi- ture, executive, and judicial departments of the govern- Treasury16 ment, and all sums paid or due to individuals on special especially, contract; and at the time of making such annual report, the comptroller shall annex, as a part thereof, a statement of the amount of taxes and dues with which the inhabitants ^^Generai of each county in the State stand charged in the digest re- to accom- turned to his office by the several receivers of tax returns in poITwlthT this State ; the names of all debtors, delinquents, collectors, and depositories of public moneys, and the several sums in tionsof the payment of which they have made default. andamend- § 6. And be it further enacted, That it shall be the duty mentsof^ of the comptroller general to accompany his said annual re- iaWs as he port with a recommendation of such changes or amendments of the revenue laws of the State, as in his opinion may tend Banks of to ensure their more prompt and faithful execution, and to andfJe-*' curtail the expenses of collection. Orations'" § 7. And be it further enacted, That all banks of dis- ^"having count and deposite, corporations and companies of whatever ™°aeby,| kind or description, by which moneys are or may hereafter to the become payable to the treasury of this State, shall be exclu- shaifbeex- sively subject to the draft of the comptroller general for the sums which may, from time time, become due, who is the Comp- hereby directed, immediately on the accrual of such dues Twai's66" and demands, to issue his drafts for the same, ordering the draft, or- payment thereof to be made to the treasurer of this State, m^m^othe § 8. And be it further enacted, That it shall not hereafter ^^awfui be lawful for the executive department of government to for the Go- interfere with, or in any manner to suspend the collection of ^nt™teTe°in taxes, debts, or dues which may be legally demanded by the |{TnCoflec* comptroller or treasurer for the use of the State, for a taxes, &c. longer period than till the meeting of the next Legislature be'iega'iy7 after the suspension ; to which he shall communicate the d®"l1b"ded case in which the suspension was had, and the particular Treasurer upon which it was granted. trouer"^. § 9. And be it further enacted, That all executions for nerai for a the collection of taxes due this State shall hereafter be ^tfthan issued by the comptroller general only •, any law to the con- trary notwithstanding. DAVID ADAMS, gislature. Speaker of the House of Representatives. ^'J ®xfTcru" MATTHEW TALBOT, E'cotV President of the Senate. £Tes°due Assented to, December 25th. 1821. the state to JOHN CLARK, Governor. Comptroi- ler Gene- ral, &c. m [no.832.] Pees land lately obtained from the Creek and Cherokee nations of Indians al- lowed the' State- house offi- cers, and to be in full for their ser- vices. To be paid by warrant on the trea- Sury. PUBLIC OFFICERS.—1823. AN ACT to establish the Pees of Public Officers of this State, on all grants that may be issued for lands lately obtained from the Creek and Cherokee Nations of Indians. Be it enacted by the Senate and House of Representor fives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That for each grant issued for land lately obtained from the Creek and Cherokee nations of Indians, the secretary of state shall be entitled to receive sixty cents, the surveyor general fifty Cents, the secretaries of the executive department eight cents, the treasurer eight cents, and the comptroller general eight Cents ) which shall be in full for the services by them per- formed in granting said lands ;. the Governor is hereby au- thorized quarterly to draw a Warrant on the treasury in favour of the aforesaid officers for the said several sums as they become due. dayid Adams/ . Speaker of the House of Representatives.' . . MATTHEW TALBOT* President of the Senate. Assented to, December 24th, 1821. JOHN CLARK, Governor. counts shall be kept. Comptrol- ler to fur- nish the Attorney and.Soficit- [no.833.] AN ACT further to define the Duties of Comptroller General, Solicitors and Altomey Generals, Collectors, and Sheriffs ; and for other purposes. Ail debts Be it enacted by the Senate arid House of Representatives whichUe °r of the State of Georgia, in General Assembly met, That from ^eafter an(j after the passing of this act all the evidences of debt now come due due, or which may hereafter become due to the State, shall posited hi* be deposited in the office of the comptroller general, whose troitoGe*- duty it shall be to call for and receive from the treasurer all nerai's of- such evidences as now are in the treasury, to open and keep the ac?°W seParate and distinct accounts of every description of debt against the,treasurer, charging him with all sums paid in thereon, as in the accounts of the general tax, and to perform all the duties in the collection of debts due the State which have hitherto been performed by the treasurer. § 2. And be it further enacted, That the comptroller gene- ral is hereby directed to furnish the attorneys and solicitors ^ ^ general each with a list of allthef executions which have or "General hitherto issued, or which may hereafter issue against default- lfst'eTexe- in2 tax collectors within their respective circuits, whose Gainst de ^ *° rePor^to the comptroller general annu- feuitingtax ally, on or before the meeting of the General Assembly, the whoCshai'i situation of said executioh, what prospect there is of col- make an- lectingthe money, and any'other circumstances of importance mentsftate*to be known relative thereto. * To issue § 3- And be it further enacted, That the comptroller Iga?nst°de- generai is hereby required to issue executions against all faulting tax defaulting tax collectors and their securities (if any), imrae-' collectors, (jjately after the tax which they were appointed to collect, shall have become due ; and in the event of the death of the collector, or either of them, or all of his securities, the exe- cution shall issue against the survivors and the legal repre- s'entatives of the deceased. Not to aP. § 4. And be it further enacted, That the comptroller warrant"7 general shall not in future approve any warrant unless the galfy3 le* same islegally chargeable to the fund upon which it is drawn, chargeable § 5. And be it further enacted, That all tax collectors onwhicbto whp shall fail to pay over the tax which he was appointed To payW2o t0 co^ect immediately after it becomes due, shall pay twenty- per cent, on per cent, per qnnum on the amount thereof until paid, which recetveTifrate °f interest shall be set forth in the face of the execu- "mmedS tion which raay issue(* against him and his securities. iy. § 6. And be it further enacted. That whenever any execu- maKeffre-0 tion or executions against a public debtor are placed in the ecution to" any sheriff or his deputy for collection, it shall be Sie Attor- his duty to make a return thereon to the attorney or solicitor neyorSou- general of the circuit in whfch he lives within three months, and upon failure to do so, the attorney or solicitor general is hereby required to obtain a rule at the Superior Court next three after the expiration of the three months against the said she- ESS*:® riff or his deputy, requiring him to show cause why the be ruled, money has not been collected, and if collected, why it has not been pAid over; and should it appear that the money When to has been collected and detained longer than the time pre- scribed by this act, then the sheriff or his deputy shall pay twenty per cent, per annum on the amount so detained, after a written demand by the solicitor or attorney. > ' § 7. And be it further enacted, That whenever any public ^ h, money shall have been collected by or paid over to the at- Solicitor' torney or solicitors general, and they detain the same more than one month in their hands, they shall pay twenty per than oT centum per annum thereon until it is paid into the treasury, § 8. And be it further enacted, That if any tax collector elect shall proceed .to collect the tax, or any part thereof, lectorwi.' before he shall have given bond and taken the oath of office, he shall be liable to indictment, and upon conviction thereof, bond, jia- fine and imprisonment at the discretion of the court. d!ctme"t § 9. And be it further enacted by the authority aforesaid, £™ptroi. That the comptroller general, for and in consideration of the ctivew .additional services and duties, shall be entitled to receive in the manner provided in the appropriation law, the additional P». salary of three hundred dollars per annum. t § 10. And be it further enacted, That all laws and parts of laws militating against this jact be, and the same are m - hereby repealed.; 1 DAVID ADAMS, Speaker of the House of Representatives.. THOMAS STOCKS, President of" the Senate. Assented to, December 22d, 1823. ' G. M. TROUP, Governor. AN ACT to carry into effect the sixth Section of the [no.834.] 1fourth Article of the Constitution. Be'it enacted by the Senate and House of Representatives c°^ of the State of Georgia,' in General Assembly met, and it is riff, L« hereby enacted by the authority of the , same, That no col- lector, sheriff, coroner, clerk of the Superior Court, clerk may hold of the Inferior Court, or any other person who is or may be {^7 a holder of public moneys, and elected to any office, shall be commissioned by the Governor, or be qualified by any to bee® judge, justice of the Inferior Court, or justice of the peace, until he shall produce to his excellency the Governor, and j**16 also, the judge or justice of the Inferior Court, or justice of Treasora the peace before- whom he appears to be qualified, a cer- tificate from the treasurer of the State, countersigned by the ufyin?^ comptroller general, certifying that he has accounted for and paid intb the treasury all sums for which he is account- able and liable; which certificate shall in each and every which i* case accompany the dedimus potestatem. r able. And whereas, various persons are (holders of public mo- neys, where no evidencb exists in the treasurer's or comp-toibe«' troller's office of such fact; y § 2. And be it further .enacted by the authority aforesaid, That in addition to the oath of office, the person elect shall acaclnon>» swear ihat he is ndt the holder of any public moneys unac- Jj^ counted for. ' coii^ § 3. And be it further enacted by the authority of the same, That all collectors and other officers hereafter elected shall shaiuf apply for and obtain their commissions and qertificates, and qualify , within the time and in the manner heretofore pointed out by law, or their offices shall be considered as vacant, them"* and shall be filled in such manner as is now prescribed by^fj^ law ; and the person who has failed to obtain his commission and certificate aforesaid, within the time prescribed by law, deci#^ shall not be considered as entitled to be a candidate for the office ; Provided, that this act shall not be construed to affect note^ the election of any collector who may be in arrears for the amount of his »nwm«!.n liai M..l..rill ; Imd an P""* PUBLIC OFFICERS.—1828. 297 •opportunity of having such list allowed from the failure of any court. . DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented, to, December 20th, 1823. G. M. TROUP, Governor, '{no. 835.] AN ACT to alter the mode of filing the vacancies of Sheriffs> Clerks of the Superior and Inferior Courts, and Tax Collectors; and provide for filing the va- cancy of Receiver of Tax Returns. Any va- Be it enacted by the Senate and House of Representatives theoffice °f ^ie ^tate °f Georgia,»in General Assembly met, and it is of sheriff, hereby enacted by the authority of the same, That from and riiaifbfmi- immediately after the passage of this act, when any office ed by eiec- of sheriff, clerk of the Superior, or Inferior Court, tax col- Uon' lector, or receiver of tax returns in any of the counties of this State, may become vacant by death, resignation, or otherwise, it shall be the duty of the justices of the Inferior Court, or any two or mdr^ of them, to give notice at the ' door of the court-house- and at three or more of the most public places of said county within which such vacancy : may happen, twenty days previous to said election, for filling Persons en- said vacancy ; which said' vacancy shall be filled by persons i entitled to vote for members of the Legislature of said county; .membersof and the person so elected shall be commissioned by the turenfayla Governor, in conformity with the laws now in force in this tvofe. State on that subject; and the person so chosen shall con- tinue in office no longer than his predecessor would have done. s.in case of § 2. And be it further enacted by the authority cforesaid, number*' That when any two or more candidates for any of the afore- i^of votes to said offices may have the highest and an equal number of candidates, votes, the presiding justices or superintendents at said elec- ifheinferlor t'on Certify the same to the justices of the Inferior Court toor- Court of the county where such election may be held; whose ?iectiomW it shall be forthwith to advertise another election, giving notice as prescribed in the first section of this act. vhere it § 3. And be it further enacted by the authority aforesaid, ary6untiia That in the interim from the time said vacancy may happen uccessor up to the time a successor may be elected and qualified, ac- heiifferkor cording to the foregoing provisions (in cases where it may Wmay be necessary), the justices of the Inferior Courbof the county !ancy?'va where said vacancy may happen is hereby authorized to at- tend at the court-house of said county, ahd appoint some fit and proper person to discharge the duties of said office, until such vacancy may be filled according to the foregoing provisions, who shall be compelled to give bond and secu- rity and take the usual oath. # repealing § 4. And be it further enacted by the authority aforesaid, lause. That all laws and parts of laws militating against this act be, and the same are hereby repealed." IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G, M. TROUP, Governor. AN ACT to change and define the compensation of the [no.836.] Secretary of State, Treasurer, Surveyor General, and Comptroller General, and to give to each a permanent Salary. Be %t enacted by the Senate and House of Representa- Salaries of tives of the State of Georgia, in General Assembly met, hous^'offi- That from and after the next election of each of them, the ^sbedper- secretary of state shall receiye, as full compensation for all manentiy. the services required of him by law, the sum of two thou- ^ ®^re" sand dollars per annum. The treasurer shall receive, as full state, compensation for all services required of him by law, two Treasurer, thousand dollars per annum. The surveyor general shall g^®yor receive, as full compensation for all services required of him General, by law, two thousand dollars per annum. The comptroller of the general shall receive, as a full compensation for all services ^ Ge-™1" required of him by law, two thousand dollars per annum : to neraI- be paid out quarter-yearly out of any money in the treasury. § 2. And be it further enacted, That from and after the The per- next election of the above-named officers, the perquisites heretofore allowed to the same be paid into the treasury, any law to the contrary notwithstanding; and from and after the said tothe\re£ election, all laws and parts of laws militating against this law £erj^aljng be, and the same are hereby repealed. clause. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. AN ACT to alter and amend the additional oath re- [no.837.] quired by law to be taken by all officers, civil and mi- litary, to prevent the offence of Duelling. Be it enacted by the Senate and House of Representatives An addi- of the State of Georgia, in General Assembly met, and it is {Xnbyaii hereby enacted by the authority of the same, That all officers, cmi and civil and military, who shall or may be appointed on or after ficers"7 °f" the first day of January next in this State, before they enter upon the duties of their office shall take and subscribe the following oath, in addition to the oath heretofore prescribed : " I, A. B., do solemnly swear, or affirm, as the case may be, in the presence of Almighty God, that I have not, since the first day of January, eighteen hundred and twenty-nine, been engaged in a duel, either directly or indirectly, as principal or second; nor have I given or accepted, or knowingly carried or delivered a challenge,-or message purporting to be a challenge, either verbally or in writing, to fight the person of another, in the State of Georgia or elsewhere, at sword, pistol, or other deadly weapon ; so help me God." IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, Decepiber 19th, 1828. JOHN FORSYTH, Governor. pp [ 398 ] QUARANTINE.—1821. [no.838.] Alf ACT to extend the Quarantine Laws of the Qity of vested with all the powers of the mayor and aldermen of the vested Savannah to the Qity of Darieyi. . •> city of Savannah, as to the quarantine laws for the port of powere'd'/1 regulating § 1. Be it enacted bythe Senafeand House of.Repre- Darien. > - ImaS quarantine sentatives oftheState of Georgia, in General Assembly met, § 3. r And he it further enacted, That all laws and parts menofsa. ifSaVan- and it is hereby enacted by the authority of the same,'That of laws militating against ,this act be, and the same are Repelling nahex- fr0m and after the passing of this act, the several acts regu-herebyrepealed. DAVID ADAMS, clause. tfoSy°of lating quarantine; in the city of Savannah shall extend tp < , ' Speaker of the "House of Representatives. Darien. ^ city pf Darien, in as full and ample; a manner as it does • ' . ■ ' MATTHEW TALBOT, to the city of Savannah. , . : \ f . r "President of the Senate. The Mayor x 2. And be it further enacted by the authority of the same. Assented to, December 25th,. j 821. menofDa- That tile mayor and aldermen of the city pf Darien. jshall be, . JOHN CLARK; Governor. RELIEF LAWS.—1820. [no.83D.] AN ACT to amend an, Act and to explain an Act entitled and empowered to sell or otherwise dispose of all rights and poseortbe An Act for the relief of Catharine McMurphy„' > claims in and to the said property in her own name, and to same' Preamble.- . Whereasi, an ' act was passed on the "29tli of November, convey a Lill and clear title to the same, free from all claims , eighteen hundred and nineteen, for the relief of Catharine ' br eridumbrances that the said William P. Sims now has or , McMurphy, w"hen in fact the person for'whose relief it was -eyeJ ,^!f upon the saidproperty, or may hereaf- intended is Polly McMurphy ; ter become entitled t'O by/right of his said intermarriage ; any Lands Be it therefore enacted bythe Senate and House of Re- lav^ t° the contrarymotwithstanding._ tbe.^ame presentatives ofthe State ofGeorgia, in General Assembly Andjbe U further enucted,, Th^t in case the said if said Pat- of Catha-. mef an^ ^ isfereby enacted by the authority of the same, Pktsey-should not in her lifetime,, by will or otherwise, dis- not dispo* McMurphy'That any jands which the above-named Catharine MTcMur- Pos®,of property and rights'vested in her in, the foregoing phansrt|r phy, Or her orphans, may draw or have drawn, shall of right s.ec!;1101n °' this ' then an<^ J" that case the said property time,the -stinPoi- vest in Polly McMurphy, or her orphans, as the Case rqay oe, and hereby is Vested, in the children of the said^y^ phy or Ler be, and that it shall be lawful for the grant or grants tO iSsue Patsey Sims, with all the1 rights', and privileges which she children, orphana.'- accor(j^' j „ < i in and by this act possessed oi\,was entitledto, free from all . 1 • ' , , DAVID ADAMS claims or e'neumbrances fhatNthe,said Wiliiam P.-Sims now Speaker of the House of Representatives 5as' ?T ?ver might have upOn 'the Said property, or may 1 MATTHEW TALBOT ; ' • here&fter by right of his said intermarriage become cnti- 1 - President of the Senate, tied to. . . . _ • -.DAVID ADAMS, Assented to, December 2d, i 820. - „> .■ 1 Speaker of the House of Representatives. , . JOHN CLARK, Governor. ' - MATTHEW TALBOT, « ■ ' . - ■ ■ :; ^ ' y ✓ / ;N ' 5 President of the Senate. [no.840.] AN ACT to vest in Patsey Sims and her children certain Assented to, December 13th, 1820 ' - Property.' - ; JOHN CLARK, Governor. Preamble. Whereas, a special jury ofthe county of Oglethorpe have AAT , . 7. 7 T~ ~'i '' *^ ., a r..„ cm , rendered a verdict for a total divorce between Patsey Sims AN ACT to alter and change the name of Smith Scott [»•'«•) and her husband William P. Sims, and it is represented that , , Campbell, to that of Smith S. Williamson. , the said William P. Sims haS^ after wastipg in a Course of ., § *• Beit ehyoted by the.Senate and House of Representa- Jfbg[BI|^c dissipation a considerable property which the said Patsey tives of the State of Georgia, in General Assembly met, and s&ott Sims had in Her possession at the time of her intermarriage, it is hereby enacted by the authority of the same, That abandoned and left her with several children entirely unpro- ffoim ar>d immediately after the passing of this act, Smith vided for ; and whereas, it is represented that the said Patsey S. Campbell, an illegitimate child, shall be called and known is or may become entitled to property in expectancy, which' hy-tjie name of Sinith S. Williamson, the said William (P.) Sims may, in his profligate course of . DAVID ADAMS, (" life, attempt to defraud the said Patsey and her children of < Speaker of the House of Representatives, such property; _ VAL. WALKER, w wK*" ^ enacted hy the'Senate and House of Representatives ' President of the Senate pro. teiii. Patsey . of the State of Georgia, in General Assembly met, and it is Assented to, December 8th, 1820. benentuied hereby enacted by the authority of the same, That all pro- ' , JOHN CLARK, Governor. 'emit bfrom PertJ' rea^ an(* Persona^ which the said Patsey Sims is en- ' ' the claims titled to in expectancy, or which she may, from and after AN ACT for the relief of John Dorotigh and James [no.842.] p^Sims.am the passing of this act, become entitled to by way of inherit- Harris. ancC, by any gift, either in writing or by parole, or which Be it enacted hy the Senate and House of Repre-ioU^ "she may by any other means whatever acquire, be, and the Sentatives of the State of Georgia, in General Assemblya" same is hereby vested in her in as full and ample a manner met,-and it is hereby enacted by the authority of the same, Said Paf- as if she was sole and had never intermarried ; and she, the' That the justices of the Inferior Court of the county of mySd£! sa^ Patsey Sims, is hereby fully and completely authorized Jones shall be, and they are hereby authorized, if they think jX?!* James Harris 8«" BELIEF LAWS.—1820. S!gu?-rc" proper so to do, to release the above-named John Dorough, may and shall be suspended until after the sitting of the »auce. and James Harris from the penalties which they have in- next Superior Court of Morgan county, provided the de- curred in consequence of their failing to deliver John Jack- fendants will give good security to the sheriff for the forth- son, agreeable to his recognisance at March term of the coming of the same, in case the said Leonard Tuggle is Superior Court of said county, in the year 1820, on their not produced at said court as before provided for. paying costs. DAVID WITT, ' § 2. And be it further enacted by the authority aforesaid, Thuiriiabi Speaker of the House of Representatives. That in case the said George Jeffries, Robert Tuggle, and bond to MATTHEW TALBOT, William Jeffries, or either of them, shall produce the body of ^Ihra0rf|^. President of the Senate, the said Leonard Tuggle at the next Superior Court of said ing the bo- Assented to, December 22d, 1820. Morgan County,-and shall then and there deliver the said nardfTug- JOHN CLARK, Governor. Leonard Tuggle to the proper officer of said court, that he eIe at the :— may be tried according to law, and shall also pay all costs riof court [no.843.] AN ACT to alter and change the names of certain that have or may accrue in relation to said case, and the coumy8an Persons therein mentioned. forfeiture of said ffiond or bonds; then the said bond or The name Be it enacted hy the Senate arid House of Representatives bonds, and judgment or judgments, and fi.fa. or f.fas., and wSkw" °f^ie State of Georgia, in General Assembly met, and it is proceedings that have or hereafter may be had thereon, Hohngs- hereby enacted by the authority of the same, That from and shall be and are hereby declared to be null and void, and of Thau'ed. immediately after the passing of this act, that Aarbn Walker po more effect than the said bond or bonds would have had, Holingsworth shall bear, and be known by the name of ip cas^ the said Leonard Tuggle had appeared and stood his Aaron Walker Dekle. tribal at the last term of said court; any law to the contrary The name § 2. And be it further enacted by the authority aforesaid, hereof notwithstanding. DAVID WITT, • of William That it shall and may be lawful for William Hodgins (the Speaker of the House of Representatives. aiiered.s illegitimate son of Hannah Hodgins) to be called and MATTHEW TALBOT, The names known by the name of William Bray, and it shall and may President of the Senate. Stafford^ be lawful for Wiley Stafford (the illegitimate son of Argent Assented to, December 21st, 1820. wiinam1 Stafford) to be called and known by thev name of Wiley ' JOHN CLARK, Governor. Hudson Ei- Walker, and for John William Hudson Ellington to be called terid"1 al an(i known by the name of John William Hudson Dawson. AN ACT to alter and change the names of certain Per- [no.845.j of'cafune § Awd be it further enacted by the authority aforesaid, sons therein mentioned, and legitimatize the same. Lacy*ai-lle That the name of Caroline Lacy, of Jones county, b'e' Be it enacted by the Senate and House of Representa- Names of toed. changed to that of Caroline Theveatt; any law or usage to fives of the^ State of Georgia, in General Assembly met, and ce^ai"g a] the contrary notwithstanding. DAVID WITT, it is hereby enacted by the authority of the same, That the tered.ns Speaker of the House of Representatives, persons originally known by the names of Mahala Dunn, MATTHEW TALBOT, Sarah Dunn, Sandford Duiln, Nathaniel Dunn, Charles Dunn, President of the Senate. Elizabeth Dunn, William Dunn, James Dunn, Jesse Dunn, 'Assented to, December 22d, 1820. and Birdet Dunn * shall from and after the passage of this act JOHN CLARK, Governor, be known by and bear the names of Mahala Finch, Sarah Finch, Sandford Finch, Nathaniel Finch, Charles Finch, [ko.844.]'AN ACT for the relief of George Jeffries, Robert Elizabeth Finch, William Finch, James Finch, Jesse Finch, Tuggle, and William Jeffries. and Birdet Finch ; Provided, nevertheless, That such of the * . Preamble. Whereas, it has been made appear that the said George females as may have changed their names by intermarriage, Jeffries, Robert Tuggle, and William Jeffries became secu- shall continue to bear the namesrof their husbands, rity for the appearance of one Leonard Tuggle at the Su- Whereas, the mother and William Finch, the reputed fa- PreamblCi perior Court of Morgan county, m the State of Georgia, at ther of the said Mahala, Sarah, Sandford, Nathaniel, Charles, August term, 1820, on .a charge of burglary, and that from Elizabeth, William, James, Jesse, and Birdet, are now circumstances not within the control of the security or the legally intermarried, and the said children having been prosecuted, he could not, on account of the absence of k°rn before said intermarriage took place; material evidence, be prepared for trial before the last day § 2. Be it further enacted, That the said Mahala, Sarah, Certain of the sitting of said court; and whereas, it is not the Sandford, Nathaniel, Charles, Elizabeth, William, James, persons ie- policy of the State in requiring security for the appearance Jesse> Birdet, be, and they are hereby declared to be fully and though of persons charged with offences to obtain the penalty of completely legitimatized, and entitled to all the rights and le- they were their bonds, but to bring offenders against the law to trial privileges as though they had been born in lawful wedlock, uwfuf and punishment; and as fully capable of inheriting and receiving, by virtue of wed'°<*. Proceed-! Be it therefore enacted by the Senate and House of Repre- the statutes of distributions of this State, as if the said mar- the* bonds sentatives of the State of Georgia, in General Assembly met, riage had taken place previous to the birth of either of said JeffVieT86 an^J enacted, by the authority of the same, That persons. DAVID ADAMS, Robert' all proceedings upon the bonds of the said George Jeffries, Speaker of the House of Representatives, alld wli- Robert Tuggle, and William Jeffries for the appearance of MATTHEW TALBOT, iiam Jef- Leonard Tuggle at the said Superior Court of Morgan President of the Senate. pended.8" county, and also upon the judgment or judgments entered Assented to, December 2d, 1820. up for the forfeiture thereof, andf.fas. thereon founded, be, JOHN CLARK, Governor. • and the same are hereby suspended until after the sitting of , Proviso, the next Superior Court of said county ; Provided, nothing AN ACT to authorize the Executors of Henry Lundy j-N0 846 , herein contained shall prevent the solicitor general of the deceased, late of Hancock County, to sell certain ne- Ocmulgee district, or the sheriffs of this State, from imme- groes. diately levying the fi.fa. against the said George Jeffries, Whereas, the said Henry Lundy deceased did, on or preamble. William Jeffries, and Robert Tuggle, if, in the opinion of the about the month of March last, cause to be introduced into said solicitor or the said sheriffs, they or either of them, this State for his own use, certain negroes, to the number of should attempt to move out of the jurisdictional limits of this fifteen or twenty, and the said Lundy having by his last will State, or dispose of the property so as to jeopardize the evens and testament directed said negroes to be sold; and whereas, tual collection of said/./a.; but the sale of said property the law respecting the introduction of negroes into this State, P p 2 300 BELIEF LAWS.—1821. v prohibits the sale short of twelve months; for remedy House instead of the Uchee Creek, and sold as the property whereof, ^ of James Grierson, when in truth, and in fact, the said tract inrsof6011* Be it enacted by the Senate and House of Representatives of land was granted to John Graham, and lies on the Uehee Henry of the State of Georgia, in General Assembly met, an,d it is and Brick House Creek, the latter being a fork or branch of ceased au- hereby enacted by the authority of-the same, That from the Uchee ; and whereas, the commissioners of reverted con- thorized to and immediately after the passing of this act, that the gxeeu- fiscated estates did not convey the said tract of land to the groes^ftlui tors of the said Henry Lundy', deceased, shall have full power commissioners of Wilkes Academy; and by a resolution of estate- and authority to.dispose of by sale all the negroefc belonging the Legislature passed the 27th day of November, 1801, to the estate of the said Henry Lundy, deceased,, according the secretary of state was authorized to convey the said to the said will • any law to the contrary notwithstanding, tract of land to the commissioners of Wilkes Academy ; in DAVID ADAMS, ' which resolution the tract of land aforesaid is again de- Speaker of the House of Representatives, scribed as the property of James Grierson, and lies on Brick MATTHEW TALBOT, House Creek ; that in pursuance of the aforesaid resolution, ■ , * . President,of the Senate- Abner Hammond,. Esq., secretary of state, did, on the 26th Assented to, December 18th, 1820. 1 ,' . day of'June, 1816, by deed convey the said tr^ct of land to 1 ' ^ JOHN CLARK, Governor. , the commissioners of Wilkes Academy, as land originally —' »granted' to Grierson or Graham, ami the cpmmissioners ot [no.847.] AN, ACT to alter and change the names of certain ' Wilkes Academy, on the 29th day t)f June, 1816, conveyed ' • Persons therein mentioned, and to legitimate the samp* the said tract of land to George Graves ; and it appearing Preamble. Whereas, Benjamin Wallace, the reputed father of Wib that no land was ever granted to James Grierson, as is de- liam Leveret, has legally intermarried with the mother of the scribed in the grant to John Graham, which *Was actually said William (he having bee ri born before the intermarriage sold, and was intended to be conveyed to the commissioners took place), and whereas the said Benjamin Wallace is de- of Wilkes Academy ; for remedy whereof,'. ' sirous* that the said William. Leveret bear the name Of his „ Re it enacted by the Senate and House of Representa- ancemadi parent, and possess equal rights and legal, privileges with his fives of the State of Georgia, in General Assembly met, and HammS, legitimate children ; r . . it is hereby enacted by the authority of the same, That The name Be it therefore enacted by the Senate and House of Re- tIle dped of conveyance made; and executed ,by Abner the Com" ifeSaJtpresentatives [of the Stateof Georgia], in General Assem- Hammond,Lsq.,secretary of state, to the commissioners of®'™ hereidemti-d % met, and it is hereby enacted by the [authority,of\ the Wilkes Academy, and dated on the 2$th day of Junp, 1816, Academy mated. * same, That the person generally or originally known by the shall be bold, deemed, and considered as conveying the fee-ma eTSl name of William Leveret spali, from and after, the passage simple right and title to the aforesaid one thousand r acres , of this act, be known by, hnd bear the name of William Le- of lapd, grantpd to John Graham on the 4th day of Octo- veret, Wallace, and that he is hereby deciarbd to be fully legi- ,ber, 1774, situate, lying, and being in the parish of St. Paul, - timatized, and entitled to ajl the rights and legal privileges now county, of Columbia, on the Uchee Creek, bounded as though, he had been born in lawful wedlock,'and as fully north-eastwardly bylandsof Saniupl Waller, and land vacant; capable of inheriting and receiving, by virtue of the statute south-westwardly by land of David Threat, and the Uchee of distributions of this State} astiiough the said marriage had Creek., and land vacant; soujh-bastwardly by land of Charles , taken place previous to his birth. ' , , Crawford, John Dalvis, Henry Jones, and land vacant ;* and The names § Andbe it further enacted, That the persons originally the- same shall be admitted and receivedin all courts pfjudi- , °f^s'ai known by the names of John Mferrit, Parmelia Merrit, and cature within this State, tis conclusive- evidence of a legal teredfand Joel Merrit shall,Tromand after the passing of this, act, be ,an(l equitable^ title, in,t he heirs of the said George Graves, mafed1.68"1" known by and bear the names of John Hutson,. Parmelia deceased any law, usage, or custom to the contrary notwith- proviw. Hutson, and Joel Hutson ; and they are hereby declared to standing : Provided, nevertheless, nothing in this act con- be fully and completely legitimatized, and entitled to all the tained shall- be so construed as to affect the right of any rights and legal privileges, and ak fully capable of inheriting person claiming under a grant of*a date anterior to that and receiving, by virtue rfif the statutes of distribution of this issued to Said. John Graham.! [ -DAVID WITT, State, ae though they had been born in lawful wedlock. Speaker of the House of Representatives. DAVID ADAMS, MATTHEW, TALBOT, Speaker of the House of Representatives. - ■ President of the Senate. ' . ( MATTHEW TALBOT, , Assented to,December 22d, 182Q. T • - . President of the Senate-. . , " JOHN CLAJS.K, Governor. Assented to, December 13th, 18-20-. JOHN CL ARK, Governor. AN ACT to alter and change the Names of certain per- sons therein mentioned. [no.848.] AN ACT for the better securing to the heirs of Doctor '• ^ 0 . , TT ' . „ . . * . . £■ i j Be it enacted by the Senate and House of Representatives The name George Graves, deceased, a certain tract of land, pur- . • n 1 a u * T-i - ofcemm the commissioners of Wilkes County Academy, and by chandler;. Christian Bentoh Chandler, George ■ Henry them conveyed to the-said George Graves in his life- Chandler, *, R6sey, Chandler, Absella Chandler, Phereby Chandler, and Philip William. Cholson Chandler, illegiti- Preamble. Whereas, on the fourth day of October, in the year, of our mate children of Mary Chandler, shall be called and known Lord one thousand seven hundred and seventy-four, a grant, by the names of Solomon Speir, Christian Benton Speir, was issued to one John Graham for a tract of land contain- George Henry Speir; Rosey Speir, Absella Speir, Phereby ing one thousand acres, situate, lying, and being in the parish Speir, and Philip William Cholson Speir ; any usage or cus- of St. Paul, now county of Columbia, which said John Gra- torn to the contrary notwithstanding, ham is named iri> the act of confiscation- and, banishment; - DAVID WITT, and whereas, the said tract of land was sold on the 19th day Speaker of the House of Representatives, of September, 1794, by the commissioners of reverted con- MATTHEW TALBOT, fiscated estates, and purchased by the commissioners of , President of the Senates Wilkes Academy, and by a mistake of the commissioners, Assented to, December-22d, 1820. thfi said, tract of land! was represented, to. lie on. the Brick, JOHN CLARK, Governor:. RELIEF LAWS—1821. 301 [no.850.] AN ACT to authorize the Treasurer to issue orders to the Tax Collector of Chatham County, to remit the Taxes for the year 1819 to the sufferers by fire qf the 11$ January, 1820, in Savannah. rreambie. Whereas, humanity becomes the duty of all governments to its fellow-citizens ; and whereas, a number of the good citizens of Savannah have suffered by the loss of their 1 houses and property in the fire at Savannah ; j rhe Trea- Be it [therefore] enacted by the Senate and House of Re- p, '^iredto presentatives of the State of Georgia, in General Assembly , irder the met and fa is hereby enacted by tlie authority of the same, ^ ax collect- , . *7 . , aJ . ' ^ r of chat- That the treasurer be, and he' is hereby required to order 5ll iTthe re" $e tax collector of the county of Chatham to remit the taxes j^ixes due due on property and buildings burnt by the fire in the city ia|SrPnt0byty of Savannah on the 11th January, 1820; and that when stlty of sa- sa^ taxes ^ave ^een Pa^» so muc^ ^f the taxes ^at .. iinnah. shall hereafter become due by the owners of said property and buildings as shall amount to the sum so paid by them respectively, shall be, and the same hereby remitted to them. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARE, Governor. >.851.] ter car- ers and ter ma- , when 5 is no ract to :on- au- ized to n the i, and a on the lings he ' ant ;h be them. AN ACT to give Master Carpenters and Master Masons a lien on Buildings erected by them in the City of Sa- vannah. Be 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 after the passage of this act, all master carpenters and mas- ter masons who shall erect buildings in the city of Savannah,, where no agreement or agreements have been entered into between the parties, either by parole or in writing, securing the amount to be paid for the erection of building or build- ings, shall have full power and authority to retain the keys of said building or buildings, and also a lien on the same for the amount or amounts that may be due and owing them. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 18th, 1820. JOHN CLARK, Governor. AN ACT to indemnify the creditors of fortunate draw- [no.858.] ers in the several land lotteries of this State, in taking out the grants for the land which shall have been, or may be drawn by such fortunate drawers. § 1. Beit enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and fortunate it is hereby enacted by the authority of the same, That from amh^rized and immediately after the passing of this act, in all cases to take out where there shall be a subsisting judgment against any per- fhe'grant1*1 son or persons who has drawn, or may draw, a lot or lots of £ehe®rt0J|ein land, and no other property can be found, it shall be lawful the wfi of" for the judgment creditor to take out the grant or grantscost8' for such tract or tracts of land, so that the same may be subject to such judgment; and the cost of taking out such grant or grants shall be, by the officer levying on such land, charged on the bill of costs, which shall be paid next in order after the costs which may have already accrued. § 2. And be it further enacted by the authority aforesaid, Attaching That when any fortunate drawer in any of the land lotteries Slewed to- of this State shall place himself in such, situation that his property would be subject to attachment ;.and' no other pro- per.ty can be found, it shall and may be lawful for any credi- tor of such fortunate drawer to take out the grant or grants of such fortunate drawer, so as to subject the land so drawn to the process of attachment; and the cost of taking out such grant shall, after judgment, be by the proper officer taxed in the bill of costs,' and shall be charged and payable jn the manner pointed out in the first section of this act: Provided, that the creditor shall in all cases produce to the Provisoi, proper officer a receipt or certificate from the treasurer of this State, specifying that such creditor has paid the grant DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate.. Assented to, May 16th, 1821. JOHN CLARE, Governor; 852.] nha- ts of )er- island ed work- n the or ,-s ap- ;d. on • sland. i iling AN ACT to relieve the Inhabitants of Cumberland Island from working on the .Post-road for'one year ; and to appoint Commissioners of Roads for said Island. Be it enacted by the Senate and House of Representa:- tires' of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the inhabitants of Cumberland island be, and they are hereby relieved from working on the post-road for one year from the time of the passage of this, act; and that Robert Stafford', Ray Sands, apd William Craig be, and they are hereby ap- pointed commissioners of the roads of said island. § 2. And be it further enacted, That the said inhabitants- of Cumberland island, shall be compelled to work on all roads of said island', subject to the laws now in force regu- Jating roads. § 3. And be it further enacted, That all laws or parts of' laws militating against this act be, and' the same are hereby repealed- DAVID WITT," Speaker of the House of Representatives^ MATTHEW TALBOT, President of the Senate- Assented" to, December £ 1st, 1820. JOHN CLARK,. Governor- AN ACT for the relief of Austin, ptherwise called [no.854.]! Austin Dabney, a free man of colour. Whereas, by an act of the General Assembly of the State Preamble, of Georgia passed on the fourteenth day of August, 1786, it is stated that the said Austin, during the Revolution, instead of advantaging himself of the terms to withdraw himself from the American lines, and enter with the majority of his colour a/rd fellow-slaves in the service of his Britannic Ma- jesty, and his officers and vassals, did voluntarily enrol him- self in some one of corps under the command of Col. Elijah Clark, and in several actions and engagements be- haved against the common 'enemy with a bravery and forti- tude which would have honoured a freeman, and in one of' which engagements he was severely wounded and rendered-" incapable of'hard servitude ; and policy as well as gratitude demand a return for such service and behaviour from the- commonwealth ; and it was further stated in said act that-said Austin " should be entitled to the annuity allowed by this State to wounded and disabled soldiers and the said Austin having petitioned "the Legislature for some aid in his- declining years, and this body considering him an object en- titled to the attention and gratitude of the State he has de- fended, and in whose service he has been disabled ; § 1. Be it enacted! by the Senate and House of' R epresent- iB atives of the State of Georgia,An General Assembly met-, and the first dis- it is hereby enacted by the same, That the lot or fraction of Walton, land situate, lying, and being in the county of Walton, in the *eus^in first district, and known and distinguished by number two Dabney hundred and eighty-four, containing one hundred and twelve naturanife.. acres, be the same more or less, be, and'the same hereby is conveyed and' transferred to the. said Austin during the period of the natural life of him, the said Austin Dabney.. 303 RELIEF LAWS.—1821. a piat to . § 2, And he it further enacted, That the paid Austin AN ACT to legitimate and change the name of Bolan [no.857,] htoforthe Dabney be, and he is hereby entitled to a plat for the same. Andrews to that of , Bolan Roberts. Sioux- § 3' ■^nd ^ farther enacted, That the lot and number Be it enacted by the Senate and House of Representa- Thenars empt from above named is and shall be exempted from the contem- tives of the State of Georgia, in, General Assembly met, , Jiat^S plated sale of fractions in said cpunty, authorized by an act and it is hereby enacted by the authority of the same, That changed offrac- at the annual session of the Legislature, in the year 1820. the name of Bolan Andrews be, and is hereby changed to uonB" DAVID WITT, that of Bolan Roberts, and that he is hereby declared to be Speaker of the House of Representatives. fuHy and completely legitimated, and entitled to all the rights i ' MATTHEW1 TALBOT, , and legal privileges that he yvould have been had be been President of the Senate, born in lawful wedlock, and be fully capable 6f taking and 'Assented to, May 16th, 182 L , " inheriting and receiving all manner of property by virtue of JOHN CLARK, Governor, the statutes of distribution of this State, to all intents and , purposes j any law to the contrary notwithstanding. [so.855,] AN ACT fa tU ^ 0f SUas Overstreet, Tax CO- ' ' V , , .1, u DAV? HIT',-' lector/,brTittmM CoUitly.- • > ' ' Spe»ker of theHouse of ReprosentaUves. MATTHEW TALBOT, Proceed- §1. Be itenacted by'the Senate and Hou$e of Represent- *' .President of the Senate, sn^ove^atwes of the State of Georgia, in General Assembly metf and * Assented to, May 16th, 1821. s • - '. ' couecto'^of i* ^ hereby enacted py the authority ofthe same, That im- . .JOHN CLARK,'Governor. Tattnall - mediately after the (phssage of this, act, all proceedings, or . ; suspended.1 executions issued by the. treasurer^ this State against1 '.AN ACT for the,relief of Allen Hesters. . tNO(858] Silas Overstreet, tax collector of the county of Tattnall, and § f Be it enacted by the Senate and House of Repre- Theinfe- his security or securities, for the four last years, 1817, 1818, ,sentatwes of the State of Georgia, in General Assembly 1819, and 1820, are hereby stayed until the meeting of the met> and it is Ureby enacted by the authority of the same, gome?" next Legislature, any law to the contrary notwithstanding : .jhat the justices of the' Inferior Court of Montgomery Proviso. Provided, that good and sufficient additional security county, or a majority, of them, if they think proper so to exonerate shall be given within thirty days-from the passage of this do, are hereby fully authorized' and empowered to relieve Kromt act, to he judged of by the Inferior Courtof Tattnall county, and discharge the above-named Allen HesterSj from the pay- JJJjg1 for the eventual payment of the same. \ ' ' :ment of a judgment' entered up against him as security for sance. , ' DAVID WIT!T> , the appearance of one Alexander.Fairclpth, at a Superior - n Speaker of the House of Representatives. Oourtof said county,,in the year eighteen hundred and seven- ' v MATTHEW TALBOT, teen, upon payment of post. ■'< : DAVID WITT, President of the Senate. Speaker of the House of Representatives. Assented to', May, 16th, 1821.- , ; MATTHEW TALBOT, JOHN CLAR.K, Governor. ' . v . President of the Senate. . ' . " - Assented to, May 16th,, 1821. • [no.856.] AN ACT to authorize the Grand and Petit Jurors of , JOHN CLARK, Governor. thefJourdie's vf Appling and Walton, whowere fined ACT to alter and change the names, of Persons [no.859j ■ M March and April terms 1821, to render their excuse ' named, and to,%itimatd the same.• J on or before the first day of thenextterm of said Courts. § UBe it enacted by the Senate, and House of Represent- t» Preamble. Whereas, at March term, 1821, of, the Superior Court of atives of the State of Georgia, in General Assembly met, and pe^ons ai- the county of Appling, and at April term of the Superior it is hereby enacted by the authority of the same, That from,ete § 1. Be it enacted by the Senate and House of Repre• The Go. The name? Be it enacted by the Senate and House of Representatives sentatives of the State of Georgia, in General Assembly cause'mi,. persous"ai- °f ^ ^tate °f Georgia, in General Assembly met, and it is met> an Stricklin and Robert Stapler will convey in trust, and gua- gence can be extended to them ; for remedy-whereof, ranty the titles of said property, to the justices of the Inferior § 1 •, Be it enacted by tlie Senate and House of Represent- Court of said- county and. their successors in office, to,be ativescf fhe\State of Georgia, [in General Assembly met.] wiiiiam held and disposed of by said justices, or by such person or Thaljt shall be the duty of the comptroller general of said ^ed^cer- * persons as said justices or a majority of them may appoint, State, at any time after the, passing of this act, to pass to the tai^a11 • ' for the use and benefit of the wife of said Henry Stricklin credit of the securities of said collectpr all such sum or "Unditwn*- during.her 'natural life, and to be disposed of as she rrfay sums of money as shall satisfactorily be made appear to him, Proviso, deem propel by her-will at her death;' Provided, that no by; the sheriff's reports or affidavits, that said collector ought construction shall be given to this act so lis to prevent any to have received or would have been entitled to were he in J lien of any of the creditors of said Henry Stricklin, which, life, or all such sum or sums as have not been collected, in lien attached upon s.aid property prior to it^ pledge tp his consequence, of. the insolvency of those from whom said saidsecurities. DAYID ADAMS, taxes were due. Speaker of the House of Representatives. § 2. And be it further enacted, That from and after the I^jnce MATTHEW TALBOT, , passing of this act, the securities of said collector shall be Midvecuri- , . ■ , President of the Senate, indulged for the payment of one-third bf the balance of thet,e8, * Assented to, December 15th, 1821., - . , ' taxes now due from said collector, uritil the first day of Ja- JOHN CLARK, Governor, nuary, 1823, and for one other third thereof until the first day of January, 1824, and for the remaining third until the Ino.867.] AN ACT to relieve certain fortunate drawers in the first day of January, 1826 ; and that all further proceedings present Land Lottery now drawing. against said securities shall be stayed : Provided, neverthe- Proviso.', Preamble. Whereas, it is fully believed that many mistakes from bad less, that this act shall not prevent the requisition from spelling and transcribing the names of persons entitled to a the treasurer of additional security for the payment of the | RELIEF LAWS.—1821. 305 balance of said taxes, in case it should be shown that the present security is not sufficient. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1021. JOHN CLARK, Governor. [no.869.] AN ACT' to alter and change the name of Amos Pink- ney Hutto, to Amos Pinkney Whitehead. The name Be it enacted by the Senate and House of Represent- Pinkney ntives of the State of Georgia, in General Assembly met, changed an<^ ^ *s kereby enacted by the authority of the same, That c ange , £.om an(j after tjie passage 0f ^jg actj tke saj(j Amos Pink_ ney Hutto shall be called and known in law by the name of Amos Pinkney Whitehead. . DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. [no.870.] AN ACT for the relief of Jonas Skinner. Jonas Be it enacted by the Senate and House of Representa- authorized tives °f the State of Georgia, in General Assembly met, lievedftom ^at jus^ces °f Inferior Court of Jefferson county a forfeited1 be, and they are hereby authorized, if they see fit, to release sance"1* above-named person from the payment of the judgment entered against him as security for the appearance of one Redding Skinner, upon" the payment of the costs. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. . JOHN CLARK, Governor. [no.871.] an ACT for the relief of the security of Silas Over- street, Tax Collector for Tattnall County. Proceed- jge it enacted by the Senate and House of Representa- against tives of the State of Georgia, in General Assembly met, street°tax and it is hereby enacted by the authority of the same, That Tattnaii °f Imme<3iately after the passage of this act, all proceedings or County, executions issued by the treasurer of this State against Silas tiiftheded* Overstreet, tax collector for the county of Tattnall, and his meeting of securities for the years 1817, 1818, 1819, and 1820, or such Legteia- part as still remains unpaid, are hereby stayed so far as re- ture- lates to his said securities, until the meeting of the next Proviso. Legislature ; Provided, good and sufficient additional se- curity shall be taken, agreeable to an act passed the 16th of May 1821, for the eventual payment of the same ; any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. [no.872.] AN ACT for the relief of Abraham Fausett. Preamble. Whereas, Abraham Fausett became security in the sum of five hundred dollars for the appearance of West Sheffield at the Superior Court of Laurens county, October term, 1819, to answer to a charge for cattle stealing ; and whereas, also, the prosecutor declined prosecuting the said charge, in consequence of which the said West Sheffield did not re- gularly attend said court, but did attend during the whole of September term, 1820, when no order or proceeding whatever was had or taken in regard to said prosecution ; but that at March term of said cotfrt, 1821, a judgment was entered up against the said Abraham Fausett upon a scieri facias founded on his bail-bond, which had been issued and served upon him for the sum of five hundred dollars, which remains open and unsatisfied ; Be it therefore enacted by the Senate and House of Re- p^seuaV presentatives of the State of Georgia, in General Assembly thonzed to met, and it is hereby enacted by the authority of the same, from'afm- That the justices of the Inferior Court of the said county of fritedre- Laurens be, and they are hereby authorized and empowered, cogniBarite' should they deem it just and expedient, to exonerate and discharge the said Abraham Fausett from the effects and operation of the judgment aforesaid, as fully and effectually as though no such judgment ever had been obtained; any law, usage, or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. AN ACT for the relief of William B. Wofford. [no.873.] Whereas, the said William B. Wofford has heretofore en- Preamble, tered into a penal bond conditioned for the appearance of Arthur Alexander at the Superior Court of Habersham county, to answer to an indictment for gaming; and whereas, the said Arthur Alexander failed to appear, by reason whereof said bond has been forfeited, and great injury likely to result to the said William B. Wofford ; for remedy whereof, Be it enacted by the Senate and House of Representatives wniiam n. of the State of Georgia, in General Assembly met, and it is authorized hereby enacted by the authority of the same, That it shall aerated1*0 and may be lawful for the Inferior Court of the county of from a for- Habersham to exonerate and discharge said Wiljiam B. stance. Wofford from the bond aforesaid ; any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. AN ACT to change and alter the name of William [no.874.] Flaridy, to that of William Rose. Whereas, Grantham Rose, of Elbert county, the reputed Preamble, father of the said William Flaridy, is desirous that the said William Flaridy bear the name of William Rose ; Be it therefore enacted by the Senate and House of Re- presentatives of the State of Georgia, in General Assembly Flaridy'a'n met, and it is hereby enacted by the authority of the same,changed" That from and after the passage of this act, the said William Flaridy shall be called and known by the name of William Rose. DAVID ADAMS, Speaker of the House cf Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. AN ACT for the relief of the heirs of John Hodge, de- rno.875.] ceased, and also for the relief of Margaret Jack. Whereas, the said John Hodge, who is now deceased, and Preamble. Margaret Jack, did on the fifteenth day of November, eighteen hundred and seventeen, purchase of the trustees of the University of Georgia the following lots of land, pur- suant to an act of the Legislature authorizing said trustees to dispose of the University lands, to wit, lots number forty- 300 BELIEF LAWS.—1821. four, forty-five, and fifty-two, on the Sandy Creek tract, in quitted, and fully discharged from the penalty so incurred the county of Clark, for which they gave their bond for by him as aforesaid, for the non-appearance of said Benja- ©r Benja- twelve hundred dollars to the said trustees, and at the same min Crawford ; and he is hereby absolved from his said re- time received a deed for said lots in the name of the said cognisance, and from the judgment entered thereon, as fully John Hodge, which bond is deposited in the treasury of this and completely as [though] the said Benjamin Crawford State, according to the before-mentioned act for disposing had appeared and stood his trial, agreeably to the requisi- of the said University lands ; and whereas, also, the said tion of his said recognisance: Provided, that nothing herein John Hodge has died insolvent, afid his security the said contained shall be construed to exonerate the said Benjamin Margaret Jack is unable to pay off said bond, and said Jots Crawford from his liability upon said recognisance, of land remaining at the same or greater value than, when ' 1 • DAVID . ADAMS,' sold as aforesaid; ' ' ' . - ' Speaker of the House of Representatives. a certain Be it enacted by the Senate and House of. Representa- i MATTHEW TALBOT, thorlzed'to f^es of the State of Georgia, in General Assembly met, ' President of the Senate. kdbe-Ce'~ an^ ^ hereby enacted by the authority of the same, That Assented to, December 25th, 1821. tween the by and with the consent of the, trustees: of said university, . ' JOHN CLARK, Governor. on$euni- hereafter to be obtained in such manner as they may think ' _ ——- . ' ' versity and proper to express the same, the said contract between the AN ACT for the reliefofHenry Hunt and Ann Fennell. l>o.878.f Hodge and said John Hodge and Margaret Jack vvith the said trustees, Whereas, it hath been represented to this General Assem- Preamble. Margaret shall be cancelled and become utterly null and void, and the b'ly, that Henry. Hunt and Ann Fennell became securities of lots of land aforesaid shall revert to the said trustees, as 4 one Leroy Fennell for his appearance at a Superior Court though: the same had never been sold, and the said bond of held in and for the county of Lincoln, to answer a,charge of the said John Hodge and Margaret Jack, shall be given up his having attempted to facilitate the escape of at certain to, the representatives of the said John Hodge, or to the said Thomas Ayres from' the jail of said county, in which he was Margaret Jack, to be destroyed. DAVID ADAMS, confined to abide, his trial for the crime of inveigling ; and Speaker of the House of Representatives, whereas, the said Leroy Fennell failing to appear in terms ' ' - MATTHEW TALBOT, of his recognisance, the said recognisance was duly con- President of the Spnate. 'eluded upon the said Henry Hunt and Ann Fennell, and Assented to, December 21st, 1821. judgment entered against them for the sum of eight hundred J.OflN CLARK, Governor, dollars and costs ; and whereas, also, there is much hard- , ' •' — ,, , ; ship in the circumstances of'the case; [no.876.] AN ACT for the relief of* John Watson, Sheriff of Be it therefore enacted by the Senate and House ofRepre- henry Baldwin County. , ■ sentatives of the State of Georgia, in General Assembly met, AnnVen- Prearabie.1 . Whereas, John Watson, by his-petition addressed to the and it is hereby enacted by the authority of the same, That Senate and House of. Representatives of this State,, has the solicitor general of the Northern Circuit be, and he is a forfeited prayed relief from the immediate payment of a large sum of hereby required ,to enter upon the said judgment a release ^°cg°1" money collected by him for the State, amounting to upwards to the said Henry Hunt and Ann Fennell for the amount of of three thousand dollars, which sum was stolen from him the forfeiture upon the said recognisance incurred: Pro- Proviso. , on the night of the 28th of March last, and the fact of the vided, that nothing herein contained shall be construed so as loss being substantiated by collateral evidence, as well as his to exonerate the said Henry Hunt and Ann Fennell from the own affidavit; , • ' , payment of costs thereon due. DAVID ADAMS, John Wat- Be it therefore enacted by the Senate and House of Re- Speaker of the House of Representatives. edVcer!"" presentatives of the State of Georgia, in General Assembly . • MATTHEW TALBOT, tain time to met, and it is hereby enacted by the authority of the "same, ' ,"i . , President of the Senate, fain sum" That the said John Watson shall be exonerated from the Assented to, December 25th, 1821. intothfy immediate payment of the above money, and be allowed to r • ( JOHN CLARK, Governor. treasury, pay -into the treasury the sum of three thousand one hundred • s ' '— . and ninety dollars, in six annual instalments, to wit: one- AN ACT to authorize the Justices of the Inferior Court [no.879.] f sixth part on the first day of January, 1823, a like sum at of the County of Richmond to remit a fine incurred the end of each succeeding year, till the whole is discharged : by James Whitlock and Robert Duke. Proviso. Provided,, that the said John Watson shall give bond with Whereas, James Whitlock and Robert Duke heretofore Preamble. . sufficient security for the ultimate payment of the said sums, became bound for the appearance of James Lundy at the agreeable to the provisions of this act, which shall be ap- Superior Court of the county ofRichmond next after the 15th proved of by his excellency the Governor. January, 1820 ; and the said James Lundy failing to appear, 1 DAVID ADAMS, bis recognisance was forfeited, .whereby serious injury is (1 Speaker of the House of Representatives, likely to result to the said James Whitlock.and Robert Duke; MATTHEW TALBOT, § 1. Be it therefore enacted by the Senate and House of The infe- President of the Senate. Representatives of the State of Georgia, in General Assembly SrST Assented to, December 21st, 1821. met, and it is hereby enacted by the authority of the same, That au_ JOHN CLARK, Governor, from and after the passing of this act, the justices of the In- thoJIzed to A ^ 7. . - _ ferior Court of the county of Richmond be, and they are SeS *J AN ACT for the relief of Thomas Crawford. hereby authorized and empowered'to remit the whole or any cuitedbyj Preamble. 'Whereas; at May term, 1821, of the Superior Court of part of said fine so incurred by James Whitlock and Robert wbWock Richmond county, judgment was entered up against the said Duke, on the failure of James Lundy so to appear. Duke-^ Thomas Crawford for the sum of five thousand dollars, upon §2. And be it further enacted, That all laws and parts Repealing a recognisance entered into by the said Thomas Crawford of laws militating against this act be, and the same are *lause" for the faithful appearance of Benjamin Crawford before hereby repealed. • DAVID ADAMS, said court, to answer to the charge of forgery ; ' . " Speaker of the House of Representatives. Crawford ^ enacte^ ^enate and House of Representatives \ MATTHEW TALBOT, exonerated °f the State of Georgia, in General Assembly met, and it President of the Senate. herebV enacted by the authority of the same, That the Assented to, December 21st, 1821. cognisance said Thomas Crawford be, and he is hereby released, ac- JOHN CLARK, Governor. RELIEF LAWS.—1821. 307 two.sso.] AN ACT for the Belief of Daniel Blue, Esq. The Trea- Be it enacted by the Senate and House of Representa- my Daniel ^V€s °f tfie State of Georgia, in General Assembly met, Blue $150 and it is hereby enacted by the authority of the same, That pnisn u'a the treasurer of this State be authorized and required to p,ay Surveyor to or(^er Daniel Blue, his heirs, executors, or adminis- urveyor. tratorg^ ^ gutn one hundred and fifty dollars, in full for his expenses and damages sustained by his endeavours to serve the State, under an appointment as district surveyor, to be paid out of such funds as are now or may hereafter be in the treasury not otherwise appropriated. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 15th, 1821. JOHN CLARK, Governor. [no.881.] AN ACT to alter and amend an Act, entitled An Act to give Master Carpenters and Master Masons a Lien on Buildings erected by them in the City of Savannah, passed 18th December, 1820. Master car- § 1. Be it enacted by the Senate and House of Representa- master ma- °f ^ie State of Georgia, in General Assembly met, and it sons au- is hereby enacted by the authority of the same, That from and thonzed in . ^ , t . the city of after the passage of this act, all master carpenters and mas- ttTretaha'1 ter masonsi w'10 shall erect a building or buildings in the the keys city of Savannah (whether there are contracts in writing or wflessaid' parole for so doing), shall have full power and authority to ^ecfaicon- reta*n ^ keys of said building or buildings, until the amount tract'to the or amounts due them for erecting said building or buildings contrary. Qr are fupy &n(j satisfied. They for § And be it further enacted by the authority aforesaid, shall have* ^hat the said master carpenters and master masons, for their a hen on work aforesaid, shall have a lien on said building or build- ing untu anc* ^he said building or buildings is or are hereby de- pie amount clared to be liable in every event to them, until the said erecdngthe amount or amounts due them for erecting the same is or are si"1"5- paid and satisfied. Repealing § 3. And be it further enacted by the authority aforesaid, clause. That so much of the aforesaid act as militates with this act be, and the same is hereby repealed. DAYID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, May 16th, 1821. JOHN CLARK, Governor. [no.882.] AN ACT to give Master Carpenters and Master Ma- sons a Lien on Buildings erected by them in the city of Augusta. ah master Be it enacted by the Senate and House of Representatives andPmaster of the State of Georgia, in General Assembly met, and it is thorizMMo hereby enacted by the authority of the same, That from and retain the after the passage of this act, all master carpenters and building1"7 master masons who shall erect building or buildings in the until they cjty of Augusta, when no agreement or agreements have unless1 ' been entered into between the parties, either by parole or in special56 a writing, securing the amount to be paid for the erection of contract.. such building or buildings, shall have full power and au- thority to retain the keys of said building or buildings, and also a lien on the same for the amount or amounts that may be due and owing them, A DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, November 30th, ^821. JOHN CLARK, Governor. Q q 2 AN ACT to authorize the Commissioners of Pilotage [no.883.] for the Port of Darien to employ Henry Drummond, a free man of colour, as a Pilot. Be it enacted by the Senate and House of Representatives The Com- of the State of Georgia, in General Assembly met, and it is "fpnotage hereby enacted by the authority of the same, That from and after the passing of this act, it shall be lawful for the com- authored missioners of pilotage of the port of Darien to employ He®™ploy Henry Drummond, a free man of colour, as a pilot for the Drum- pilotage of vessels to and from the port of Darien. free "man § 2. And be it further enacted, That all laws or parts of caolp",r,;t laws heretofore passed which militate against this act be, Repealing and the same are hereby repealed. clause. • DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 3d, 1821. JOHN CLARK, Governor. AN ACT to authorize David Adams, of the County of [no.884.] Jasper, to keep open a sluice through his Milldam, on the Ocmulgee River, within forty feet of the west bank of said river, for the free passage of fish up the same. § 1 .Be it enacted by-the Senate and House of Representa- re_ tives of the State of Georgia, in General Assembly met, and quired to it is hereby enacted by the authority of the same, That the a"ice said David Adams, his heirs, and assigns are hereby au- thorized to keep open a sluice through his milldam about milldam,18 thirty feet in width, and to keep the same in good repair, &c- under the provisions and restrictions that may hereinafter be pointed put. § 2. And be it further enacted by the authority aforesaid, ^h®eslg^ice That the said sluice or channel as above described shall be construct- so constructed, that during the shad season, the time of catching shad, so as to admit shad or other fish to ascend shad sea- and descend without difficulty up said river; and the said mayhde- David Adams, his heirs, and assigns shall not suffer or |cg®£ddand admit of any impediment to the free passage of fish in the without said sluice or channel, on pain of forfeiting the sum of thirty jfffiacnUy^_ dollars for each and every offence so committed, to be re- pediment covered as in like manner the said offence had been com- m exfstf* mitted by any other person; and that it shall not be lawful pav®didJia for any person or persons whatever to fish for shad or other bie to a fish with nets, gigs, or any other instruments or machine fe1nBgffor" whatever (except with hook and line) within sixty yards jj^ty doi- from the passage of said sluice by said dam, either above or ars* below the dam, from the first day of February until the first day of May in each and every year. § 3. And be it further enacted bythe authority (foresaid, Violations That if any person or persons shall be convicted of fishing ®o or attempting to fish with any of the instruments or within "nis^and the distance or time hereinbefore forbidden, and being manner, thereof duly convicted, shall forfeit and pay for every such offence the sum of thirty dollars, to be recovered before any court having competent jurisdiction thereof, one-half to the informer, the other half to be paid over to the clerk of the Inferior Court, and be applied accordingly to county pur- poses. § 4. And be it further enacted by the authority aforesaid, ^ase^thc That when the offender or offenders should be slaves, then shall be a and in that case he, she, or they so offending shall receive S£ufh?SK on his, her, or their bare backs twenty lashes, which punish- punish- ment may be inflicted on due proof thereof before any one Scted'and or more justices of the peace of this State; and if the per- JyJ|J" son or persons so offending [should] be a free person of ' colour, then and in that case he, she, or they shall receive on his, her, or their bare backs thirty-nine lashes, which punishment shall be inflicted in the same manner and under like restrictions as by this act prescribed for inflicting 308 RELIEF LAWS.—1821. punishment on slaves for the like offence; any law to the Beitenacted by the Senate and House of Representatives contrary notwithstanding. of the State of Georgia, in General Assembly met, and it is Alabama, DAVID ADAMS, hereby enacted by the authority of the same, That Samuel Speaker of the House of Representatives. B. Shields, a citizen of the State of Alabama, shall, from minietrator MATTHEW TALBOT, and after the passing of this act, be authorized and em- President of thfe Senate, powered to dispose of all the real estate of the late Benja- J^odied ' Assented to, December 7th, 1821. min Glover, deceased, lying in thi£ State, in the same man- property jn JOHN CLARK, Governor, ner and under the same restrictions imposed on the admi- Ulls Stat*- — nistrators of estates in this State. [no.885.] AN ACT to convey to Peter J. Williams one acre of DAVID ADAMS, ground on the bank of the Oconee River for the pur- Speaker of the House of Representatives. pose of erecting a Mill. . MATTHEW TALROT, Preamble. Whereas, a number of the citizens of Milledgevillehave . President of the Senate, petitioned the General Assembly of this .State for the pri- Assented to, December 19th, 1821. vilege of erecting a mill opposite said to\frn, to be granted , • JOHN*CLARK, Governor.' to Peter J. Williams ; and as the prayer of the, petitioners ^ , appears reasonable ; < AN ACT to alter and amend an Act, entitled " An Act [no.887.] The Go- § I. Beit enacted by the Senate and House of Represent-, f0 extend to all PersonS imprisoned for Debt the pri- rectedto" atives qf the State of Georgia, in General Assembly met, and vilege 0f Prison Bounds," passed the 22 d Of Decern- granuo^T [it is hereby enacted] by the, authority of the same, That his s her 1820 ' ; Sir rfenekth? ,ime. ,beip g. b i' wdnbe "• Whereas, 'tie time limited by the above-yepited act for Ma ^ „ hereby authorized aqd directed to grant to Peter J. Will,ams, 6heriffi 1he different counties in this State to la* off prison !Sl S.1°',e,,aorf °f ?Ii'kdpv.llle' bounds under the direction of the . Inferior Courts was tbe ba"k„of tbe at,the Brs shoal above limited to six months in cbunlies'.having jails ; and whereas, JRfS. Carler and Cra;vford " h'}^' a"d the county surveyor or oetta;n C0(Jnties ;B 4 J gituation have neglected to lay off surveyor general is authorized to lay put said lot of ground wilhi„ the time prescribed ; and whereas, their in such suitable form, not occupying more than- three hun-. autj,ority to dQ so now is doubted Jf'nV -Tlnur al such.Ptee.assha11 ' Be it therefore enacted by'the Senate and House of Repre- > • a ft jJ ./1 iams* _ j. ., sentatives of the State of Georgia, in General Assembly met, belaid off The value § 2. And be itfurther enacted by the authority aforesaid, - , .. . 7 J , . f . .ib \i r ti,. in every SSJ2S! That the. value of said ground, when laid out, ?hall be as! andU " *»** enartfd bj U authontp of themme,i^t tained and Certained by disinterested individuals of Milledgeville, ap- i" ev®ry co"n y 1S . a ^thp h vp rpritp/1 6 to be paid .* , , v. . -j vsr-n- i .1 '1 boundaries have been laid off agreeable to the above-recited intothe pointed by the Governor and said Williams,; and the value „ . ... , , jU . r.,- P, •«* j .l j- .• e treasury in L n£,rtQr..0:„k,j cUoii Lr. 4t . « „ e .l- o. . act, it shall be the duty of- the sheriffs under the direction of treasury m so ascertained shall be paid into the treasury of this State 'T r ^ . * 1 ir ^ 4 I i -j ;„:i withirt two years of thb passing of this act, in which pay- 4he Y6™ Coarta/° lay °\or caus* ? be la d off, jail ment being made, the granfshaU be according executed. b»™dar!<* agreeablejo he above-recited act at any time Ta.Mii , § 3. And be it further 'enacted, That the said Williams f months from the passage of this act, any law to winimiis shall, as soon as the lot is surveyed and valued as above, be 6 £on*rary notwithstanding. - ADAMS authorized authorized to take^'possession of the same, and erect thereon TT /--n ■ f.- 2ST a mill, by throwing a dam from tbe bank of the river to the , . . SPeaker °f^? w a 'sla^d now known as^WiHiams' Island, with full privilege to, ' ' ^ President of the Senate fromthe raise the water high enough to flow back around the upper aaaorttoz in n0o0raLD,'oui, toai J ' ■ bankstoan j, r -j • , j t> -? j .it .u -j hi Assented to, December 24th, 1821. lsiand,&c. end of said island : JrTovidcd, Tfsvcpthcless^ the said milldani ' < TOTTIV PT apf c* ProTiso; shall not'imnodp. thfi navioration nf said rivpr. or ovprflnvV V ' OVernor. two yearn- shall riot impede the navigation of said river, or overflow any of the land on the south bank of Rocky creek,, which falls • into the river ;a short distance above the place'oii which it is AN ACT to authorize James G. Stallings of the County [no.888.I pontemplated to erect a mill as aforesaid.' And on failure of Columbia to erect a milldam in Savannah River of the said Williams to erect on the-above-described lot of from the lower shoal, called and known by the name ground a mill for^ the grinding of grain within two years of Stallings' Shoals. \ from the passing of this act, the ground shall not be granted, Whereas, the said James G. Stallings has represented to Preamble, but remain as heretofore.the property of the State. this. Legislature that he has built a mill on Savannah [river] dauae.'1"8 , ^ ^ father enacted,, That all laws or parts of ^at a very considerable expense, adjoining his own lands, and laws militating against this act be, and the same are hereby prays the Legislature to grant him the privilege of erecting repealed. • . a dam in said river, to collect a sufficient quantity or head of t - -DAYID ADAMS, ' water to make the said mill at all times useful; Speaker of the House of Representatives. § 1. Beit enacted by the Senate and House of Represent- James g. MAT PHEW TALBOT, atives [of the State of Georgia], - in General Assembly met, amCf^d 4 1 / President of the Senate. and it is hereby enacted by the authority of the same, That Assented to, December 24th, 1821. - the sdid James G. Stallings, his heirs, or assigns be, arid they savannah JOHN CLARK, Governor. are hereby authorized to erect a milldam in Savannah river "emin're-' . y / " • , at the place aforesaid, and to keep the same in perpetualst,iclions- [n».8S6,j AN ACT to authorize Samuel B, Shields, of the State ' repair, under the, provisions and restrictions hereinafter t of Alabama, to act as administrator of the estate of pointed out; any law or parts of laws heretofore passed to . Benjamin Glover, deceased, so far as to dispose of the the contrary notwithstanding. real estate of said Glover within this State. § 2. And be it further enacted, That the said James G. Wtieresaid Preamble. Whereas, Samuel B. Shields, of the State of Alabama, is Stallings, his heirsa, nd assigns are hereby authorized to erect ^mmem*, the only qualified administrator of the estate of Benjamin or build a milldam in Savannah river, to commence where ttnd ^°cw Glover, deceased, of the same State, and as the said Glover the fishdam of the said James G. Stallings joins his mill onrun' died while owning real^state in this State, which property the north side thereof, and to extend up the said river four cannot be legally disposed of by tbe said administrator hundred and fifty feet; Provided, that the milldam or any pr0Vi under the existing laws therefore, part thereof, authorized to be built by this act, shall not relief laws.—1822. 309 extend into the said river beyond two hundred and fifty feet authorized and empowered to build a milldam opposite Aicofaha- from the southern bank of said river. fraction No. 316, in the first district of Walton county, undVcer-' Kottoex- § 3. And be it further enacted, That the said milldam which said milldam shall not extend more than half-way tt?^estric ft€t*in°per- shall be so constructed that it shall not, in the highest part across the said Alcofahatchie river, at the shoals called 10"8 £35itUlRr there°fi exceed four feet in perpendicular height above the and known by the name of the High Shoals of said river, above the common level of the river; And provided, that the bead of DAVID ADAMS, common water contemplated to be raised by the dam aforesaid shall Speaker of the House of Representatives. Proviso, not be raised to such a height as to drown or cover the first MATTHEW TALBOT, shoal immediately above the mill of the said James G. Stall- President of the Senate, ings, and commonly called Stallings' upper shoal. Assented to, December 24th, 1821. Rivehnand § 4* ^ ^furt^ier enacted, That the said James G. JOHN CLARK, Governor, privileges Stallings shall, at any and at all times, have the right and fhtsst0 privilege of removing any dam or other obstructions that AN ACT to loan to the Unicoi Turnpike Company, a [no.89l] james g. now is or hereafter may be erected at the head of his mill- sum 0f money. reiationto11 ^am or any Part thereof, for the purpose of turning the cur- Be it enacted by the Senate and House of Representatives A loan of said dam rent or a sufficient quantity of water from his mill ; and if 0ft,he State of Georgia, in General Assembly met, and it is by2stale river. any person shall hereafter erect any dam, pier, or other ob- hereby enacted by the authority of the same, That the sum t0.ll'e Uni- structions, to prevent or turn the water of the river aforesaid of three thousand dollars be loaned to the Unicoi Turn-Se Com- from the mill of the said James G. Stallings ; and every per- pike Company, for the term of five years, and that the pany* - son so offending shall forfeit and pay to the party aggrieved Governor be, and he is hereby authorized to draw on the the sum of two dollars for every day that such dam, pier, or treasurer for the said sum, for the purpose of carrying this other obstructions shall remain in the river aforesaid, which ]oan into effect; Provided, that the said company shall first may be recovered in the justice's court in the district in execute a bond to his excellency the Governor, with which the party committing such offence may reside. approved security in double the sum loaned, for the repay- DAVID ADAMS, ment of said sum at the expiration of said term. Speaker of the House of Representatives. DAVID ADAMS, MATTHEW TALBOT, Speaker of the House of Representatives. President of the Senate. MATTHEW TALBOT, Assented to, December 24th, 1821. President of the Senate. JOHN CLARK, Governor. Assented to, December 22d, 1821. JOHN CLARK, Governor. [no.889.] an act to authorize John Ardis, of Putnam County, to erect a milldam and lock across a sluice of the an act to authorize all free citizens of the United [no.892.] Oconee River, on the south-west side adjoining his States to carry Books, Maps, Charts^ and Mathemati- ownlands; and to allow Dawson and Amis and Thomas cal Instruments from place to place, for the purpose Ligon, of Greene County, time to put locks in their of sale. milldams in said river. Whereas, one of the best means of securing the perma- Preamble, jotin Ardis, § 1. Be it enactedby the Senate and House of Represent- nence of our institutions, and promoting the virtue and County,atives of the State of Georgia, in General Assembly met, and happiness of the people, is the dissemination of useful obstructthe ^ hereby enacted by the authority of the same, That the knowledge; And whereas, the most certain method of navigation said John Ardis be, and he is hereby allowed to obstruct effecting this dissemination is the carrying of books from rfmCfore.9W.] Jasper, to build a milldam to extend not more than g s made on Hmd R; h/S and g* Warrants. half-way across the Alcofahatchie R'ver,at the shoals BeUenacted bythe Senateand House of Representatives Ti„,e„r called and known by the name of the High Shoals, on 0f the state of Georgia, in General Assembly met, and it is said river. hereby enacted by the authority of the same, That where head rights Robert Beit enactedby the Senate and House of Representatives surveys have heretofore been made on head right warrants Srrams^ °f ^tate °f Georgia, in General Assembly met, and or bounty warrants, and grants therecn have not been °b-j;*1®^®^ta it is hereby enacted by the authority of the same, That from tained, it shall and may be lawful for such persons to apply after the and immediately after the passing of this act, the said for, and obtain such grants, at any time within five days (Ee'St^ County, to£ri!f»d and immeaiaieiy alter tne passing oi mis act, me said tor, and obtain such grants, a. «.v — - -v-the next miiidam Robert Cole, his heirs, or assigns be, and they are hereby after the meeting of the next Legislature. Legisia across the i 1 1 r™ ° ' ture. 310 RELIEF LAWS.—1822. The Go- \ xrernor to oause this act to be published. Repealing clause. [«o.894.] A certain lot of land vested in Hayman, oh his re-~ linquish- ment of an- other lot. Relin- quished lot to be dis- posed of by the State. § 2. And be it further enacted, That it shall be the duty of the Governor to cause this act to be published in one newspaper of Milledgeville, Augusta, and Savannah, once in each month until the expiration of the time appointed by the same for taking oiit grants. j § 3. And be it further enacted by the authority aforesaid, That any law militating against this act be, and the same is hereby repealed. ' ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, 1 President of the Senate!, Assented to, December 6th, 1822. JOHN CLARK, Governor. AN ACT to vest in Elisha Hayman the right and title to Lot number three hundred and, eighty- nine, in the sixteenth District of Henry County, and to relinquish to the State all right and title which the said Hay- „ man may have to Lot number ' ■ JOHN CLARK, Governor. and selling Africans, and to provide for the defence of said suit. 1 , Whereas, it has been made known to us by thecommuni- cation of his excellency, that a suit has been instituted by William Bowen to recover from the said Charles Williamson the value of certain Africans taken into his possession and sold by him as the agent, and for the use and benefit of the State; Be 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 his excel- lency the Governor, and his successors in office, be, and they are hereby authorized and required to discharge any judg- ment which may be obtained against said Charles William- son, for taking into his possession or selling sa\d Africans, and that he pay any judgment whiph may be recovered, against him on account of said Africans out of the money arising from the sale of the same, or any other money in thetreasury not otherwise appropriated. §' 2. And be it further enacted by the authority aforesaid, That the State shall have the entire control of the defence of such suit or suits, and shall be bound for all damages and costs which may accrue in the defence thereof. ALLEN DANIEL, < Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, J 822. ' ' ' JOHN CLARK, Governor. Preamble^ The Go- vernor to discharge- any judg. ment which mar bereco- vered , against Charles William- son for taking and' selling cer- tain Afri- The State to defend the suit, and bound for da- • mages and Preamble.) [no.895.] AN ACT to authorize the Administrator of Joseph Grigg, late of Hancock County, to sell certain Negroes. Whereas, the said Joseph Grigg, deceased, did some months ago introduce into this State sundry negroes for his own use; and whereas, the said Joseph Griggs' heirs and creditors are living in Virginia, and it being desirable to • make sale of said negroes; and whereas, the law respect- ing the introduction of hegroes into this State prohibits the sale short of twelve months ;-^for remedy whereof, The admi-f Be it enacted by the Senate and House of Representatives jos.rGrigg of the State of Georgia, in General Assembly met, and it is ?oseHthed enacted by the auhority of the same, That from and negroes of immediately after the passing of this act, the administrator the estate. tjie ga-^ joseph Grigg, deceased, shall have full power and authority to dispose of by sale all the negroes belonging to. the estate of the said Joseph Grigg, deceased ; any law to the contrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, , President of the Senate. Assented to, December 6th, 1822. JOHN CLARK, Governor* [no.896.] AN ACT to authorize the Governor to discharge any judgment which may be obtained against Charles Williamson, on account of taking into his possession AN ACT to extend the time for renewing a certain [no.897.i ' audited Certificate therein mentioned. Whereas, it appears to this Legislature that Henry D. Preamble. Downs, as the representative of his father, Col. William DqwnSj fprmerly of this State, is the bearer and holder of a certain audited certificate in the words and figures fob lowing, viz.—- . f ' ^ Savannah, 6th February, 1784. ^ These are to certify, that William Downs, Esq., hath pro- duced an account and vouchers for moneys by him laid out and expended for public use in the years 1778 and 1-779,. amounting to three thousand four hundred and twenty pounds, one shilling and threepence^ also the orders of the executive authority for procuring the same. (Signed) , JOHN WEREAT, Auditor. ' £3420 Is. 3d. And whereas, it further appears that the said William Downs removed from this State to the then Mississippi Ter- ritory, before any law was passed requiring the evidences pf debt against this State to be renewed, and that during this life he knew not of the existence of any such law j and the said Henry D. Downs having also stated that he resides in the State,of Mississippi, and did not know that any law had been passed respecting such claims until the month of April last; and whereas, the said laws for the renewal of the out- standing evidences of debt against this State were enacted to prevent fraud, and not to deprive any citizen of his just claim; - Be it therefore enacted by the General Assembly of the TheComp- State of Georgia, That the comptroller general be, and he„erajrre- is hereby authorized and required to renew the said certi- ficate in favour of the said Henry D. Downs, administrator certificate of William Downs, deceased, at any time within three months from the passing of this act, upon the original being giyen up to him, and upon his being satisfied that such ori- forof wu- ginal is genuine. ' ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, PresidenJ of the Senate. Assented to, December 23dj 1822. JOHN CLARK, Governor. ,iam ... Downs,«> RELIEF LAWS.—1822. 311 The name of Samuel Johnston changed, and he en- titled to in- lierit the property of his reputed father, Samuel Barber. [no.898.] AN ACT to legitimate and change the name of Samuel Johnston to that of Samuel Barber. Be 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 name of Samuel Johnston be, and it is hereby changed to that of Samuel Barber, and that he is hereby declared to be fully and completely legitimated, and entitled to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully capable of taking and in- heriting and receiving all manner of property by virtue of the statutes of distribution of this State, so far as relates to the real and personal estate of Samuel Barber, the reputed father of the said Samuel Johnston, only, to all intents and purposes ; any law to the contrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1822. • JOHN CLARK, Governor. [no.899.] AN ACT to extend the, time for fortunate drawers in the Land Lottery of one thousand eight hundred and twenty to take out their Grants. Be 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 time allowed by law for fortunate drawers in the land lottery of one thousand eight hundred and twenty, to take out their grants, be, and the same is hereby extended to the twenty- fifth of December, one thousand eight hundred and twenty- .three ; any law heretofore passed to the contrary notwith- standing. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, November 25th, 1822. JOHN CLARK, Governor. fives 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, W yatt Whatley, of the county of Newton, be, and he is hereby au- thorized to join his milldam to the west bank of the Alco- fauhatchie river, on fraction number one hundred and se- venty-eight. § 2. And be it further enacted by the authority aforesaid, That the said Wyatt Whatley shq.ll be authorized to continue the joining of said dam until the legal sale of said fraction number one hundred and seventy-eight, and the State's right transferred, and no longer ; Provided, nothing herein con- tained shall be so construed as to interfere with the legal right of any individual or individuals interested to prevent any nuisance or injury resulting from the raising of water by said dam. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1822. JOHN CLARK, Governor. Wyatt Whatley authorized to join his miildam to the west bank of the Alcofau- hatchie. How long to continued Time ex- tended to the 25th of December, £no.900.] AN ACT conditionally to vest the title to lot number two hundred and eight, in the ninth district of Hons- ton, in Joshua T. Davis, of Greene County. a certain Be it enacted by the Senate and House of Representatives In Houston ]_°f the State of Georgia], in General Assembly met, That County the title to said lot of land number two hundred and eight, vcst6fl in • Joshua t. in the ninth district of Houston county, be, and the same is Davis. hereby vested in Joshua T, Davis, of the county of Greene ; Said lot Provided, that this act shall not be construed so as to pre- theJdebtsof vent the sftle of said lot of land for the payment of the debt Combs3 or sai(* Francis Combs ; And be it further provided, that if the claim of at any time hereafter any of the legal representatives of the sentatives. sa^ Combs should interpose their claim, then and in that event this act is in nowise to interrupt or disparage any claim which they may otherwise have according to the laws' of the land now in force. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. AN ACT to be entitled An Act for the relief of John [>0.902.] Sherrod. Whereas, it has been represented to this Legislature, that Preamble. John Sherrod, of Pulaski county, rented from the commis- sioners appointed by the last Legislature to rent out the frac- tions in a state fit for cultivation in the county of Dooly, and twelfth district of -Houston, lot number three hundred and three, in the fourth district of Dooly county, at the sum of fifty dollars ; which fraction, upon inspection, was found to be entirely unimproved; Be it therefore enacted by the Senate and House of Re- John Sher-, presentatives of the State of Georgia, in General Assembly ™fede from met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, the fifty dollars said John Sherrod and his securities be exonerated from the faction* payment of the said sum of fifty dollars; any law to the con- >n Dooiy trary notwithstanding. county. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1822. JOHN CLARK, Governor. c [no.901.] AN ACT to authorize Wyatt Whatley, of the County of Newton, to join his milldam to the west bank of the 1 Alcofauhatchie River, on Fraction number one hundred and seventy-eight, in the ninth district of Henry County. Be it hy fhfi fspnaio nnrl TT*uvP. nf Represent a- AN ACT to alter and change the names of William H. [no.903.] Best, John H. Best, and Mary W. Best to that of William B. Mitchinor, John H. Mitchinor, and Mary W. Mitchinor. Be it enacted by the Senate and House of Representatives The names of the State of Georgia, in General Assembly met, and it is °f certain hereby enacted by the authority of the same, That from and aftered! after the passing of this act, the said William H. Best, John H. Best, and Mary W. Best shall be called and known in law by the names of William B. Mitchinor, John H. Mitchi- nor, and Mary W. Mitchinor ; any law to the contrary not- withstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21 st, 1822. JOHN CLARK, Governor. AN ACT fot the relief of Hardy Harold. [no.904.] Beit enacted by the authority of the Senate and House of Hardy Ha- Representatives of the State of Georgia, in General Asscm- ["^'from bly met, and it is hereby enacted by the authority of the same, the pay- That the justices of the Inferior Court of the county of Jef- ju^ent against him 312 RELIEF LAWS.—1822. ferson k0> an(J they are hereby authorized, should they tbipk convenience and expense in attending to public business in pearanceof proper, to release the said Hardy Harold from the payment the counties aforesaid ; foe remedy whereof* Hod»es. of the judgment entered against him as security for the ap- Be it enacted by the Senate and House of Represenla-Owmt * * pearance of Abel Hodges, on payment of costs. fives of the State of Georgia, in General Assembly met, and it theOcon« ALLEN, DANIEL, is hereby enacted by the authority aforesaid, That from and * *. Speaker of the House of Representatives, after the passing tff this act, all owners or occupiers of fer- in Mon^ v ' MATTHEW TALBOT, ries that ar,e or hereafter may be established, or any person county president of the Senate, or persons that may keep any boat or ferry-flat for the ,pur- carry per. * Assented to, December 9th, 1822. ' pose of conveying of persons across the said Oconee and > JOHN CLARK, Governor. Ocmulgee rivers within the boundaries of said counties, for ———- which they receive a toll or .ferriage, it shall be their duty [no.905.] an ACT for the relief of sundry citizens of Tattnall hereafter to convey across said, rivers all and every person County. % or persons, at .any and all times when, such person or per-. Preamble. Whereas, it hath been represented to this Legislature by sons are co"mpel|ed to attend at the court-house of said • a number of the inhabitants of said county, that they labour county on public1 business,, free of expense ; and the owners Their at- under difficulties on account of their local situation^ as or keepers of ferry-boats or flats shall keep an account of therefor to respects the distance they live from; s^id court-house j for said ferriage, and present the same to the Inferior Court of remedy whereof, said, county or a, majority of them ; and it shall be the duty rior Court Commis- ^ enacted by the Senate and House (of Representatives of. said court, after examining and allowing said account, to sioners ap- Qf the State of Georgia, in General Assembly met, and it is pass an order, which shall be entered on the records of said Sxona site hereby enacted by the authority of the same, That from and court, directing the clerk, to pay the same out of any mo- iicbufid-U^ immediately after the pkssage of this act, DanieJ Brinson, neys belonging to the county fund, s ■ ings of" Allen Johnson, Ezekiel Clifton, Joseph Cpllins, sen., James § And be it further enacted, That the citizens of Tel- The'ciii- County.' A. Tippins,' Jesse DuPrence, and Stephen Medlock shall be, Tair cpunty residing on the south side, of the Ocmulgee Teifab en- and they ^are hereby appointed commissioners, or a majority river shall be entitled to all the privileges of tbe above-re- JJJJjJ of them, all being present, to fix on a permanent site for the cited section, so far as it respepts the Ocniulgee river, and leges. ' public buildings of said county, which site, shall be as near. the said section shall have the same bearing in every re- the, centre* of said county as convenience will admit of; spect on the county of Telfair as it has on the county of Proviso. Provided, nevertheless, that nothing herein contained shall Montgomery. - prevent them from retaining the present site ahd court-house § 3* Andbe it further enacted, That all laws or parts of where it now is; if a majority of them think proper so to do. ^aws militating against this act be, and the same are hereby Vacancy of § 2. And be it further enacted, That if any of the afore- repealed. ' ALLEN JDANIEL, sioners8" sa^ commissioners should refuse to serve, then and in that Speaker of the House of Representatives, ' how filled, case the other commissioners shall appoint some 6ne fit and * MAfTHEW" TALBOT, proper person to be chosen out of the captain's district « >'- • ' President of the Senate, where siich refusal shall have taken place. 1 Assented to, December 9th, 1822. Selection § 3. And be it further enacted, That said commissioners JOHN CLARK, Governor. mde.t0 be sha.ll convene together at ithe court-house in said county on ' — the second Monday in February next, or as soon thereafter an ACT for the relief of James Burgess'and Evan Bur- [no.907.j as'may be, and proceed to determine on some place for said ' gess, of the County of Franklin. building in their discretion. ' The petition of said James and Evan Burgess having Preamble. Commis- § 4. And be it further enacted, That said commissioners been; presented to the General Assembly, stating that theyr purchase Purchase not exceeding fifty acres of land, for the purpose of have been fortunate drawers in the late land lotteries in the fifty acres fixing thereon a court-house and jail, tind'other public build-bounties of Irivin and Houston, and that, they have been off and sea for said county, and dispose of the balance, or any part blind from infancy and are unable to pay the fees on, the ,ots* ^ thereof, in lots to the highest bidder, after giving twenty days' grants^ and praying that grants may issue for theirdraws free notice at three of the most public places in s^id county; and of fees ; _ , Proceeds of the moneys arising therefrom to defray the expenses of said Be it therefore enacted by the Senate and House of Repre- Grants ft* applied!* fifty acresof land, and the overplus to be paid into the hands sentatives of the State of Georgia, in General Assembly by . of the Inferior Court, to be applied to building a court-house met, and it is hereby enacted by the authority of the same, and jail. That a plat and grant be issued to James Burgess for lot Evan The inferi- § 5. And be it further enacted', That it shall be the, duty number two hundred and twenty-seven, in district fourteen, ^them ievy° IT tax °f the Inferior Court of said county to levy a tax on the citi- in . the county of Houston ; and that a plat and grant be Court-1'1 a zenso^ salc' county,\ not exceeding fifty per cent, on the ge- issued to Evan Burgess forTot number two hundred and ce 1 house and neral tax annually, until a sufficient sum is collected to de- twenty, in district thirteen, in the county of Irwin, being jet'l)unsaid fl'ay the expenses of said court-house and jail, which shall he the lots drawn by them respectively, upon the applica- buildings, let out to the lowest bidder by the said Inferior Court, after tion of any person in their behalf; which plats n giving at least twenty days' notice at three of the most public grants shall issue free of office-fees, except these due to places in said county; any law to the contrary notwith- the officers, which shall be paid to them by order of the Go- standing. verno'r but of' the treasury. . • • ALLEN DANIEL, ALLEN DANIEL, Speaker of the House of Representatives. ' Speaker of the House of Representatives. MATTHEW TALBOT, MATTHEW TALBOT, President of the Senate. ' President of the Senate. Assented to, December 19th, 1822. Assented to, November 27th; 1822. JOHN CLARK, Governor. . JOHN ClLARK, Governor. [no.906.] an act for the relief of the citizens' of Montgomery an act to repeal an Act entitled An Act for the relief [no.9081 and Telfair Counties, residents on the south side of the of the citizens of the county of Scriven, passed the Oconee and Ocmulgee Rivers. 30th November, 1821. Preamble. Whereas, the aforesaid citizens are subjected to much in- Be it enacted by t7"> Ken"** TTn,,** tiros RELIEF LAWS.—1822. 313 Repealed the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act the above-recited act be, and the same is hereby repealed. The courts § 2. And be it further enacted, That the courts in the ?u!iiclbur- county of Scriven shall from henceforth be held, and the siness to be other public business of the county shall be transacted at afjacksol the town of Jacksonborough, in said county. boroush- . ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, November 25th, 1822. JOHN CLARK, Governor. of the State of Georgia, in General Assembly met, and it is a certain hereby enacted by the authority of the same, That from and n"y mb"'0" immediately after the passage of this act the comptroller P^jTto general be, and he is hereby authorized and required to 0fJohn' place to the credit of John Simmons, tax collector of Jones county foY the year eighteen hundred and twenty, the sum of or of Jones four hundred and thirteen dollars and sixty-seven cents, ountjr' which does appear was overpaid by him as tax collector of said county for the year eighteen hundred and nineteen. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 6th, 1822. JOHN CLARK, Governor. [no.909.] After 1st o March cer- tain articles exempt from levy and sale for debts. The officer levying to make out a schedule of the arti- eles so ex- empted and return it to the Clerk of the Infe- rior Court. AN ACT to exempt from sale for debts contracted after a given time certain Articles chiefly necessary for the subsistence of the debtor's family. Whereas, it does not comport with' justice or expediency to deprive innocent and helpless women and children of the means of subsistence ; Be it therefore enacted by the Senate and House of Be- presentatives 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 the fol- lowing articles be exempt from levy and sale on account of any debt contracted after that day, to wit: two b'eds and bedding, common bedsteads, a spinning wheel, and two pair of cards, a loom, and" cow and calf, common tools of his trade, and ordinary cooking utensils, and ten dollars' worth of provisions. § 2. And be it farther enacted, That in all cases where any debtor shall have the benefit of the above-rebited act ex- tended to him, it shall be the duty of the officer levying the execution to make out a schedule of the articles so ex- empted from seizure and sale, and return the same to the clerk of the Inferior Court of said county, whose duty it shall be to record the same in a book kept by him for that purpose; then the above property shall be alienated and vested in the Inferior Court, to be appropriated to the be- nefit and use of said family so long as the defendant shall remain insolvent. § 3. And be it further enacted by the authority aforesaid, That all laws and parts of laws so far as they militate with' this act shall be, and they are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. {no.910.] AN ACT to authorize Vincent T. Mathews to plead and practise as an Attorney and Solicitor in the several Courts of Law and Equity in this State. Vincent f. Be it enacted by the Senate and House of Representatives permuted °f the State of Georgia, in General Assembly met, and it is to practise hereby enacted by the authority of the same, That from and State1.0 th'S after the passing of this act Vincent T. Mathews shall be permitted and allowed to plead and practise as an attorney and solicitor in the several courts of law and equity in this State, on undergoing an examination and being approved by the court as required by law. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1822. ^ JOHN CLARK, Governor. [no.911.] AN ACT for the relief of John Simmons, Tax Collector of Jones County, e it ewi representatives AN ACT for therelief of Robert Cunningham, Surveyor of the tenth District of Irwin County, in this State. Beit 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 said Robert Cunningham, surveyor as aforesaid, is hereby re- leased and discharged from the penalty of his bond, given for the faithful performance of his duty as surveyor of said district, § 2. And be it further enacted by the authority aforesaid, That he be allowed to retain the sum of four hundred dollars, which sum was advanced to him by his excellency the Go- vernorat the time he entered on the duties of his appointment as surveyor of said district. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, Deceriiber 23d, 1822. JOHN CLARK, Governor. [no.912.] Robert Cunning- ham dis- charged from the penalty of his bond as Surveyor. Allowed to retain the money ad- vanced to him. AN ACT for the relief of William Atkinson, of Clark [no.913.] County. Be it enacted by the Senate and House of Representatives wiiiiam of the State of Georgia, in General Assembly met, and it is ^'1|cei"^n hereby enacted by the authority of the same, That William from a for- Atkinson, of Clark county, be, and he is hereby released from cognure* all responsibility in consequence of the forfeiture of a recog- sance. nisance by James Jones, who failed to appear at the Supe- rior Court of Walton county :to answer to a charge of adultery or fornication, as required by said recognisance, and to which the said Atkinson was security. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. ' Assented to, December 23d, 1822. JOHN CLARK, Governor. AN ACT for the relief of John Waterson and John Mucklehannon. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enactedby the authority of the same, That the justices of the Inferior Court of the county of Jackson shall be, and they are hereby authorized, if they think proper so to do, to release the above-named John Waterson and John Muckle- hannon from the penalties which they have incurred in consequence of their failing to deliver Henry H. Waterson, agreeable to his recognisance, at the September term of the Superior Court of said county, in the year eighteen hundred and twenty-two, on their paving the usual cost in such cases. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23'd, 1822. JOHN CLARK, Governor. [no.914.] Tbe Infe- rior Court of Jackson County au- thorized to relieve John Wa- teison and John Muc- klehannon from a for- feited re- cogni- sance. 314 . RELIEF LAWS—1822. , [no.915.] AN ACT for the relief of John Southerlarid, George said female slave being desirous of removing to her native . Wallace, and the estate of Cleon Nally. state, Maryland; Preamble. < Whereas, . John Southerland entered as security for the Be U therefore enacted by the Senate and House of Re- Afem^ appearance of one Goodwin W. Abbott, against whom theret presentatwes of the State of Georgia, in General Assembly name of Was a true bill found by the grand jury of Grpene county met> ^bat ^rorn the passage of this act the saul female slave m . for an assault, and the said Goodwin having failed.to appear -Racbe' be' and sbe 's hereby fully and completely emanci- 'at the term of said court jn consequence of which the re- pated and set free, according to the intent and meaning of cognisance was forfeited for the sum of five hundred dollars.; the will of him the said James Robinson ; provided,, that Proviso.| John sou- Be it therefore enacted by the Senate and House of Repre- said "e£ro Rache.1 be' and she is bereby ,iable ^ -a11 tb® finLes» mtrha"ia sentatives of the State of Georgia, in General Assembly met, penalties, and privileges now imposed and allowed m this fiomtlie and it is hereby enacted by the authority of the same, That State tG free people of colour; Provided always, that the **■»». raSS the said John Southerland, immediately lrom and'after the Rachel shall not. be entitled to the benefits of thin act, and execu- passin£? of thig act is hereby discharged from the payment if found in this State within one year after the passing of'onw tion on a • i •' /» thic nr»t forfeited of the judgment and execution issued in consequence of ULl* _ a • recogni- tbe forfeiture of said recognisance, on the payment of costs; . . _ ALLEN DANIEL, sance. a forfeited reeogni- sance. Proviso. and on the payment of the costs aforesaid, it shall be the1 t Speaker, of the House of Representatives, duty of'the sheriff of Greene county .to enter satisfaction in M ATTHEW , TALBO T, full on said execution, so as to exonerate completely from , , President of the Senate. . the payment of said sum the said John Sputherland. ■' Assented to, December 21st, 1822. i . • George § 2. And be it further enacted^That George Wallace and, - ' ,, JOHN,, CLARK, Governor. Wallace t}ie estate of C'leon Nally be discharged and 'exonerated * ■ - ^ mteof6 es from the payment of a judgment entered against the said AN. ACT for the relief of Mary Porch and Bradley [no.918.] i^o„e.al" George Wallace and Cleon Nally in the Superior Court of . , .' .. Hailes. . ^ i rated from Richmond county, as securities for the;, appearance of one Whereas, Mary Porch, of the county of Liberty, of Mills Preamble/ a forfeited jgjVVarcl or EdniundP. King at saidbqurt, on. a charge of district, in the last land lottery drew number two hundred larceny; Provided, all the costs on estreating, the, rec'og- fr'nd forty, in the seventh district of Houston, which, has been nisance, levying execution, and w.hich may have accrued in found on examination to be a fraction ; and whereas, it fur- Proviso, any other' manner; be paid ; And provided also,, that the ther , appears , that the com missioned of said lottery had Inferior Court of Richmond county shall' assent thereto. placed no blanks in the wheel, and that prizes were obliged ' ALLEN DANIEL, to be drawn to all names drawn put until the prizes were Speaker of the House of Representatives. 'Exhausted ; and that the said Mary Porch was, by the mis- MATTHEVV" T A LBOT, take of the surveyor general; deprived of her chance to draw „ Presidentof the Senate., another lot in lieu of saidv fractional lot sp drawn to her Assented to, December ,23d, 1822. name;. • - f / . ... . JOHN CEARK, Governor. Beit enacted by the Senate and Hovde of Representatives Grant for a / . . • -—. of ' the State of Georgia, in General Assembly met, and it is f^uem"0 -[no.916.] AN ACT to amend and explain an Act passed, for ihe hereby enacted by the authority of the same, That a grant * relief of James and, Evan Burgess,' of the County of do ^ssue to, the said Mary Porch and her heirs for said lot of Franklin. * land, upon payment by her of the ordinary office fees., Preamble.; Whereas, .a mistake has takea place by inserting in said > § And, M it further enacted, his. excellency the act lot number two hpndred.'and twenty-seven, in^district Governor be; and be is hereby requested to have issued to Bradley -' fourteen, in the county of HoiMon, when in- fact the lot Bradley Hailes, or his legal representatives, a plat and grant ™nDooIJ ') drawn by said James Burgess is number two hundfe'd and ™mber eighteen, in the ninth district of the county county. seventy-seven ; , , v . of Dooly. . . ' •' Mistake in Be U therefore enacted by the Senate and House of Re- « e ALLEN DANIEL, presentatives of the State of Georgia, in General Assembly Speaker of the House of Representatives, drawn by* met, and it is hereby enacted by the authority of the same, , MATTHEW TALBOT, IreMrecu^" That a plat and grant do issue to the-said James Burgess for " • 1 President of the Senate. Sed. lot two hundred and seventy-seven, instead of number tvvo Assented Jo, December 6th, 1822. , hundred and twenty-seven, in district numper fourteen, in the , JOHN CLARK,<(Governor. county of Houston, upon the same terms and conditions as , in .said act provided; any thing therein to the contrary not- AN ACT fop, the relief of Editha Holly ', widm. [no.919.] withstanding :and that so much of said act as militates Wfc ^ ^ Holly;of Doo1 -s district> Elbert ■ . agamstthtsatrte, and the same ts hereby reperied ir'ew tbe ]ot of ]and Lmher one hundred and Speaker of the House of Renresentatives lwenty-°ne> in the third district of Walton county; and speaker pi the House ot Kepresentatives.whereas, the said Iot is ascertained to be a fraction ; ' '' . , p .. f , q' Be it therefore enacted by the Senate and House of Repre- Grant to i« Assehted to, December 21st, 1822. reS' e" ° " & TrtxTivT /it »DTr and it is hereby enacted by authority of the same, Ihatiyfwa JOHN CLARK,, Governor. (he said Editha Hglly shall be entitled to a grant for the saidSS UT -rn' • /r 7 7 fraction, vesting in ber a fee-simple title, on her paying into ]\alsdbeen ' [no.917.] AN AC 1 to carry into effect the last will and testa- the treasury the surq of eighteen dollars; any law to the ment of James Robinson, late of Greene County, de- contrary notwithstanding : Provided, said fraction has not ceased, and to emancipate a female Slave by the name heretofore been sold by the commissioners appointed to sell of Rachel. said fractions. Preamble. Whereas,*the said James Robinson, prior to his death, ALLEN DANIEL, made, a will containing a clause, among other things, eman- , Speaker of the House of Representatives, cipating a female slave By the name o£ Rachel, the property 1 MATTHEW TALBOT, ofhim the said James ; and whereas, the said James required President of the Senate, bis executors to carry this clause of his will into execution, Assented to, December 23d, 1822. ' by procuring a legislative act ta legalize the same; and the '. " ' * JOHN CLARK, Governor. relief laws.—1823. 315 [no.920.] an act for the relief of James Dudley. Preamble. Whereas, the said James Dudley has represented to this Legislature, that he is far advanced in years and infirm in health, with an aged wife to support, and is now perfectly blind ; it is also represented that he has been a faithful soldier, and served in several campaigns during the revolu- tionary war against the common enemy ; with a view to the support of his family, and \o aid the country with a supply of the necessary article of powder, during the late contest with Great Britain, and while he was actually en- gaged in the manufacture of that article, by an explosion was instantly deprived of sight ; Right to a Be it enacted by the Senate and House of Representatives Henry"of the State of Georgia, in General Assembly met, and it County is hereby enacted by the authority of the same, That the vested in . , a „ James right to the possession, occupancy, rents, and profits of his'namra! ^ractlon number thirty-four, situate in district number nine, life. in the county of Henry, be., and the same is hereby vested in the said James Dudley for and during the term of his natural life, but on his death to revert to the State. Said frac- §2. And be it further enacted by the authority aforesaid, besoid"' 10 That in any sale that may hereafter take place of the frac- tions Jn the county of Henry, and district aforesaid, the said fraction shall not be sold, unless the said James Dudley shall be dead at the time of such sale. Not sub- § 3. And be it further enacted, That the. said fraction Idsdebts.^ not be laken or sold for the payment of any debt or debts already contracted by the said James Dudley, or which Proviso, may hereafter be contracted by bim ; Provided, that nothing in this act shall authorize the interest hereby vested in the said James Dudley to be sold, or in any other manner to be disposed of. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 6th, 1822. JOHN CLARK, Goyernor. [no.921.] AN ACT for the relief of the heirs audi representatives of Thomas Davis, deceased. Preamble. Whereas, it is represented to the Legislature, that a grant issued by the said Thomas Davis for the quantity of eighty- nine and one-tenth acres, being part of lot number ninety- seven, in the nineteenth district of Baldwin formerly, after- ward Jasper county, which was returned as a fraudulent draw by the said Thomas Davis, and was divided pursuant to an order of the executive, and the part above described allotted to the said Thomas Davis, as an informer under an act of the General Assembly, passed the twenty-second of December, eighteen hundred and eight; And whereas, it appears, by the records of the Superior Court of Jasper county that a verdict was rendered for the plaintiff", the sftid Thomas Davis informer, at August term of said court, eighteen hundred and twelve, but that no judg- ment was signed thereon until September term, eighteen hundred and twenty, the grant to said Thomas Davis bear- ing date on the fourth day-of August, eighteen, hundred and twenty, previous to the date of said judgment; and doubts having been entertained as to the validity of said grant, on account of. the division of the land, and the grant being dated prior to the judgment; for remedy whereof, A grant to Be it enacted by the Senate and House of Representatives Davis for °f ^ie State of Georgia, in General Assembly met, and it is half of a hereby enacted by the authority of the same, 7" hat the said unmade1 grant to said Thomas Davis shall be taken and con- valid. sidered as legal and valid to all intents and purposes, as though the division of said land and the said grant had issued and borne date subsequent to the signing of the judg- ment, and shall be admitted as evidence in all courts of law and equity in this State, and with the same force and legal effect that the said grant would have received and been en- « R r 2 titled to had the said judgment been regularly signed upon the said verdict; any law or decision of any court to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 13th, 1823. G. M. TROUP, Governor. AN ACT for the relief of Baxter Davis. [no.922.] Whereas, Baxter Davis a citizen of this State, gave in Preamble, his name for a draw or draws in the land lottery of eighteen hundred and eighteen, and drew lot number ninety, in the eleventh district of Hall county ; And whereas, the said Baxter Davis sent on for "a grant for said lot of land, forwarding the sum of eighteen dollars for the same, and that by mistake a .grant was sent to him for lot number nineteen, in said district, which had been drawn by one Samuel Weathers, and which grant last afore- said issued to the said Samuel Weathers ; and the said Baxter Davis having returned said grant to the office of secretary of state ; Be it enacted by the Senate and House of Represent- Baxter Da- atives of the State of Georgia, in General Assembly met, toVgraM* That the said Baxter Davis shall, on application, have a waill?°utad grant under the usual forms and solemnities made out and ditionai issued to him for the said lot of land number ninety, in the fees* - eleventh district of Hall county, without paying any addi- tional fees therefor. § 2. And be it further enacted, That the said grant to The grant Samuel Weathers shall be cancelled, and the said lot shall weathers remain in the same situation as though no grant had ever cancelled issued therefor j any law, usage, or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. AN" ACT for the relief of that portion of the inhabit- [no.923.] ants of Richmond County who ~°side or oum property within three miles of the city of Augusta, and without the corporate limits of said city. Be it enacted by the Senate and House of Represent- Police and atives of the State of Georgia, in General Assembly met, ^ai^city and it is hereby enacted by the authority of the same, That ^inucgi['aof from and after the passing of this act, all laws and parts restricted, of laws which give to the city council of Augusta po- lice or other jurisdiction over the persons or property within three miles of the city of Augusta, and without the corporate limits of said city, except as relates to the public roads, be, and the same is hereby repealed. § 2. And be it further enacted, That so soon as the con- supem- tracts made by the city council of Augusta with individuals ®!^aoft!te for keeping said roads in repair shall have expired, the au- roads with- thority heretofore given to the said city council over the said miielTof extent of three miles shall cease and determine, and the Jatio^°repg£ supervisions and repairs of the roads within the said three ed in the miles, and the necessary appropriations for the same, shall roun°of be vested in and made by the Inferior Court of Richmond Richmond county, in the same manner as all other roads within said oun y" county, now are or may hereafter be directed by law. § 3. And be it further enacted, That all laws or parts of laws contrary to the provisions of this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. 316 RELIEF LAWS,—1823. [no.924.] AN ACT to authorize certain persons therein described vided, nevertheless, That when any debtor or debtors shall be to plead and practise in the Courts of Law and Equity taken as aforesaid, within twenty daysi before the sitting of in this State, on the terms therein mentioned. said court, said bond shall be conditioned for his, her, or their Persons Be it enacted by the Senate and House of Representa- appearance at the succeeding term of the court aforesaid* Sta"1 few -of % State of Georgia, in General Assembly met, § 2- And be it further enabled, That upon such debtor authorized and it is hereby enacted by the authority of the same, or debtors tendering such bond or bonds, it shall be the orlo'befe. Kwrtaltws That when any application for admission to plead and prac- duty of such sheriff, deputy, or constable, as the case may lei*ed. certaineon1 tise in the courts *avv and equity, in this State, shall be be, to release him, her, or them from confinement or cus- dUioans.C°U" made by any person who shall produce to the court in tody ; any law, usage; or custom to the contrary notwith- • which' such application shall be made the certificate of a standing. judge, of the Court of .Common Pleas, or judge of the § 3. And be it further enacted, That, to enable, the Power of Court of Equity of the State of South Carolina, duly atr honest debtor the more easily to obtain the security re-over their tested under the seal of either of the said courts, stating in quired in the first section, of this act it shall be lawful, for P^ipaL substance that such person has practised for three years the said security, at the court to which the principal is bound immediately preceding in the county courts of the said to appear, to surrender in open court said principal jn dis- State as an attorney and solicitor!, and has' maintained a.1 charge of, the security ; and for the purpose of making the good moral and professional reputation, he shp.ll be, forth- surrender,'the security is hereby authorized to exercise all with admitted to plead and practise as an attorney and the power which by,1aW special bail have over their principal, solicitor in the courts of law and equity in the State of. § j' And be it further enacted, That upon tfie appear-Debtor to Georgia, without a pompliance of any form or requisite, ance of "such debtor or debtors at the court to Which he is 0aihand except only the payment,Of the usual fees and taking the bound to' appCar rt shall , be lawful for him, her, or them, ®^gacrhl° Proviso, usual oath ; Provided always, that this act shall not,go into either in person or by attorney, tp move the court to be adr duieofpro. operation until an act similar in its provisions shall have mitted to take the oath presenbed for the relief of insolvent PeUgfyp^" been passed by. the Legislature of the State of South Caro- debtors,-or to sWear to tl^e schedule previously filedavith wkhthe • liha. . ' ' , DAVID ADAMS, the clerk'of said court agreeably to,the provisions of this. r" • ' Speaker of the House*of Representatives. act hereinafter contairied; and it shall be the.duty of said v , . THOM AS STOCKS, ' court, upou such debtor oy debtors making it appear to then) : , President of the Senate.' that at .least ten days'notice has beeni given in writing to Ten day? Assented to"; Debember 20th, 1823.. • ~ ^ his, her, or their creditors of the interitidn to avail him, her, , , G. TVI. TROUP, Govempr/or themselves of the benefit of this, act, to administer theditore- . " oath prescribed for the benefit of insolvent debtors, or to [tto.925.] AN ACT/or the relief of honest 'debtors. , swear him, her, or them to the schedule as aforesaid, as the Debtors Be it enacted by the Senate and House of Representa- case, may bej and to direct the clerk to make an entry of the when taken tives oftheState of Georgia, in General Assembly met, and same upon his minutes, which shall exempt the body of ma? tender if is hereby enacted by the authority of the same, That from b°dies of sqch debtor or. debtors from imprisonment for cerabond" and immediately after the passage of this act, when any debt in a11 cases where notice may have been given to the payable to debtor or debtors shall be thken upon any capias- ad satisfa- creditors, .'which notices shall.be filed with the clerk of said , twice the'" ciendum, and'shall be desirous of taking the benefit of the codrt 5 Provided, nevertheless, that if any creditor or ere- s^tim T°A? bath prescribed for the relief of insolvent debtors, or of ditors shall ^suggest any fraud or concealment of any pro-&c.tote his appear- 'rendering a full and'fair schedule of his property, it shall pertyi tbon,ey, or effects,; it shall be the duty of the court toy couertat lhe and may be ,awful for such debtor or debtors to, tender to or 0ther officer by whom he, she, or they, may have farther, that if either of the parties shall; be unprepared for been taken, a bond or bonds payable to the party at whose the' trial of'such issue, the court may'continue the same instance the arrest was'made, with good and sufficient se- under the same rules and regulations by which suits at law curitiesin twice the amount of the debt, conditioned for his. ^re now continued; ,and if the said jury shall find that there, incase of appearance at the next term of the Superior or Inferior is any fraud • or concealment} or if said debtor or debtors Xtor Court, or any Court of Oyer and Terminer and Corporation1 shall fail or refuse to answer upon bath, or if said debtor or failure to Court, in which said capias ad satisfaciendum was obtained debtors shall fail to make it appear to the court that he, she, ^"debtor (arfd if the same issued frop , a justice's court, then to the; .or they have given the necessary notice to the creditor or *JeejX Inferior Court next to be held in and for said county), then ^creditors at wfiose instance he, she,' or they ,may have been fuiidiseio- and there to stand to and abide by such proceedings as may arrested, then and in that case the said debtor of debtors SX be had by the court in relation to hfs, her, or their taking shall be, deemed in the custody of the sheriff, and the court On failure the benefit of this act; and in ,casef of failure to appear, Shall adjudge that lie, she^ or they be imprisoned until a full' judgSto judgment shall be entered tip instanter ' upon said bond and fair disclosure of all the property, money, or effects be be entered against the principal, and. his securities; to be discharged made by said debtor or debtors, and until he, she, or they JEpai -upon the payment of the debt and Cost. And wheii an ex- have given the necessary notice as aforesaid, to be judged secur!" ecution issues thereon; the defendant in the capias -ad satis- of by said court. . faciendum shall not be entitled to the benefit of this act; § 5- And be it further enacted, That when any debtor or Schedule* issue how Provided, that if either of the parties to the said,bond shall debtors taken upon any capias ad satisfaciendum as afore- S/the tried-. be desirous to have an issue made up and submitted to a said shall be desirous to render a full and fair schedule of jury, a jury shall be immediately empannelled to try such his, her, or their property and effects, he, she, or they shall court ' issue, and. the plea of non est factum shall only be received fi'e the sape with, the clerk of the court at which he is boutid upon the f>arty making oath to its verity ; And provided fur- to.appear, at least ten days before the sitting of the court, ther, that if it shall be made appear satisfactorily to said at the sitting of which he proposes to avail himself of the court that said debtor or debtors are prevented frbm attend- bqnefit of this act; and that upon his'being admitted to cfaseof ing court by sickness, or other sufficient cause to be judged swear to the said schedule, the same proceedings shall be sickness. 0f ^ the-court, the case shall be continued over lo the next had ^Hereon as may be nbw had onsehedtiles filed under the court, at which time the same proceedings shall be had as law now in force. \ * if he had appeared at the first time ; And provided further, § 6- And be it farther enacted, That no person shall fee No person Death. That if such debtor or debtors shall die iri the mean time, it imprisoned for debt upon any capias ad satisfaciendum- who vjKew Proviso, shall be an absoliite discharge of such bond or bonds : Pro- will comply with! the requisites of this act, except in; cases rr^Je'X BELIEF LAWS.—1823. 31T of fraud or concealment hereinbefore mentioned ; any law, usage, or custom to the contrary notwithstanding. Repealing § 7. And be it further enacted, That all laws and clauses of laws militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. [no.926.] Preamble. Ptolemy T. Harris per- mitted to practise law in this Proviso. Eugenius A. Nesbitt allowed to practise on being exa- mined and found, qua' lified. Liable for his con- tracts as though of foil age. AN ACT to admit Ptolemy T. Harris and Eugenius A. Nesbitt to plead and practise in the several Courts of Law and Equity in this State. Whereas, Ptolemy T. Harris, a practising attorney in the State of Alabama, is about removing into this State, and of pursuing his professional business without loss of time ; Be 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 after the passage of this act, it shall and may be lawful for the said Ptolemy T. Harris to plead and practise in the se- veral courts of law and equity [in this State] ; any law to the contrary notwithstanding: Provided, that the said Ptolemy T. Harris shall undergo an examination before two or more judges of the Superior Courts of this State, and be found qualified by them, he having previously satis- fied them of his moral character; and also that the said Ptolemy T. Harris shall reside in this State. § 2. And be it further enacted, That Eugenius A. Nes- bitt shall, from and after the passing of this act, be permit- ted and allowed to plead and practise as an attorney and so- licitor in the several courts of law and equity in this State, on undergoing an examinatiop under the direction of any Superior Court in the same, and being found to possess the requisite legal information and moral character; Provided always, that the said Eugenius Nesbitt shall, after the date of his admission as aforesaid, be deemed and held compe- tent in law to enter into contracts, and shall be responsible therefor in like manner as if he werp of full age. DAVID ADAMS, Speaker of the House of Representatives: THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. Stewart to that of Amos Attaway, and Ann Ham to that of Ann Hamilton, and William Davis to that of William Sheffield. Be it enacted by the Senate and House of Representatives The names of the State of Georgia, in General Assembly met, and it persons'ti- is hereby enacted by the authority of the same, That from tered. and after the passage of this act the said Amos Stewart shall be called and known in law by the name of Amos Attaway, and the said Ann Ham shall be called and known in law by the name of Ann Hamilton, and also the name of William Davis to that of William Sheffield j any law or usage tq the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 10th, 1823. G. M. TROUP, Governor. AN ACT to change the names of Young G, W. Fick- [no.929.] ling and Caroline S. Fickling, to Young G. W. Burk and Caroline S. Burk. Be it enacted by the Senate and House of Representatives Names sx- of the State of Georgia, in General Assembly met, and it is tered" hereby enacted by the authority of the samef That from and immediately after the passing of this act, the names of Young G. W. Fickling and Caroline S. Fickling be, and they are hereby altered and changed to Young G. W. Burk, and Caroline S. Burk! DAVID ADAMS, Speaker of.the Hou^e of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1823. G. M. TROUP, Governor. AN ACT to alter the name of Francis Desjardpis, o/"[no.930.] Chatham County. Be it enacted by the Senate and House of Representatives Name of the State of Georgia, in General Assembly met, and it is French t0 hereby enacted by the authority of the same, That from Trucheiut. and after the passage of this act Francis Desjardins, of Chatham county, shall be known and called by the name of Francis Trqchelut. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 2d, 1823. G. M. TROUP, Governor. [wo.927.] AN ACT to legitimatize a, certain male Child. Preamble. Whereas, it appears by the petition of Thomas Grogan, , formerly of South Carolina, but now of De Kalb. county, f • that a certain boy child was left at his house about eleven years ago, the said child being then about three months old ; i and it appearing by the petition of said Grogan, that he has nourished and raised the said child, and from parental affec- tion towards him the said child is desirous that he should be legitimatized and called William Grogan ; a certain Be it enacted by the Senate and House of Representatives to8be calf [of the State of Georgia], in General Assembly met, That «d Wiiiiam from and after the passing of this act, the said male shall be Grogan. ca][ec[ anc} known by the name of William Groganany law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 10th, 1823. G. M. TROUP, Governor. [no.928.] AN ACT to alter and change the names of Amos AN ACT for the relief of Isaac Hall> Tax Collector [no.931.] for the County of Wilkinson for the year one thousand eight hundred and twenty-one. Be it enacted by the Senate and House of Representatives The Grand of the State of Georgia, in General Assembly met, and mhmth^ it is hereby enacted by the authority of the same, That {{j^f f"ae. the grand jury of the county of Wilkinson shall be, and Haii, tax they are hereby authorized and required to examine the in- solvent list of Isaac Hall, tax collector of the county of County, Wilkinson for the year one thousand eight hundred and eomptroi- twenty-one, and to make such allowance thereon as shall Seaier appear to them to be just, notwithstanding the. failure of the to credit said Isaac Hall to bring in the same within the time pre- witkthere~ scribed by law ; and the comptroller general and treasurer of this State are hereby authorized and required, to credit the account of the said Isaac Hall, tax collector as afore- said, with such sum as may be allowed by the said grand jury, under tl/b provisions of this act. DAVID ADAMS, Speaker of the House of Representatives. , THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1823. G. M. TROUP, Governor. 318 RELIEF LAWS.1—1823. [no.932.] ACT [to be entitled] to authorize the Judges of the AN ACT to authorize the Justices of the Inferior 1*0.93a.] • Inferior Court of Emanuel County to make rights Court of the County of Hall to remit a fine incurred and titles to the old Court-house and Jail, and two by Michael Dickson. acres of land whereon they stand, formerly in the Whereas, Michael Dickson heretofore became bound for Preamble. , County of ftlohtgomery, but now in Emanuel; au- the appearance of Nancy Scission, against whom there was • thonzed by Act passed the eighth of December, a true bill found'at Hall Superior Court for the crime of eighteen hundred and fifteen, to be sold by certain adultery; and the said Nancy Scission failing to appear, his Commissioners appointed for that purpose, which was v recognisance was forfeited in the sum five hundred dollars ; done, and the money paid by the purchaser, hut the Beit therefore enacted by the Senate and House of Repre- Michael titles were never made; for remedy whereof, ■ sentatives of the State of Georgia, in General Assembly The Inre- Be it enacted by the Senate -DAVID ADAMS, ' G. M. TROUP, Governor. ^ Speaker of the House of Representatives. . . ' 7 THOMAS STOCKS, { [no.933.] AN ACT to carry into'effect the last will and testa- - • • < President'of the Senate. ' ment of James Robinson, late of Greene County, d;e- Assented to, November 24th, 1823.* 1 . ,/deased) so far as'to emancipate a female Slave by the . G. M. TROUP, Governor; 1 nameof Chloe. ' Arm' . , . ' b . preamble. -Whereas, James Robinson, late of Greene county, de- AN AO 1 to change the names cf certain Persons therein [no.936.] ceased, previous to his death did duly make and publish his named. \ • last will and testament, containing, among other things, a Be M enacted by the Senate and House of Representa- Names of clause emancipating a female slave by the name of Cliloe, tives of the State of Georgia, irt General Assembly met, ^l8aii1n.pw" the property'of him the said James—and whereas thp said 'and it is hefeby enacted, by the authority .of the same, That iered. James required his executors to carry this clause of his said from and immediately after the passing of this act, Allen will into,execution, by procuring a legislative act to legalise Clark, of the county of Mcintosh, shall be called and the same ; . , - < ' \ , known by the name of Allen Owings, and Andrew Dregors, bLvT*16 . Be it therefore enacted by the Senate and House of Repre- of the same county, shall be called , and known by the . named sentatives of th$ State, of-Georgia, in General Assembly hameof AndrewOwings;, any law 4o, the contrary not with- ftJ wet, and it is hereby enacted, by tlie authority of the same, standing. , , ' That from and after the-passage of this act the said female " - ' DAVID ADAMS, slave Chloe be, and she is hereby fully and completely eman- v , Speaker of the House of Representatives, cipated and set free,according to the true intent and meaning 1 V THQMAS STOCKS, Proviso, of him the sajd James Robinson: Provided, that the said ■ President of the Senate, negro Chloe be, and she thereby liable to all the fines, pe- Assented to, December 10th, 1823. nalties, and privileges now imposed on and allowed to free 1 . G.M.TROUP, Governor, people of colour in this State. UAVip ADAMS, AN ACT to legitimatize and change the name of Nancy [no.937.] , , Speaker of the House of Representatives. . Davis lb that nf Nancy Miller. THOMAS STOCKS, „ . ,, 7' ,J± • '. President of the Seriate. Be a emcted l^ the Senate and House of Represents-m*. a Assented to, November 24th, 1823. twes °fthe State °f GeorS^ ™ General Assembly met, and vischyang(i , ... G. M. TROUP, Governor. •* h kt^>- ¥ <*« • i name Nancy Davis be, and it is changed to that of Nancy ' . , Miller,. arid that she is hereby declared to be fully and com- [no.934.] AN ACT to admit Edward P. Postell to plead and pletely legitimatized, and entitled to all the rights and legal practise in the several Courts of Law and Equity in privileges that she would have been had she been born in this. State. : , , lawful wedlock, and be fully capable of taking and inherit- Edward p. .Beit enacted by the Senate and House^ of Representa- ing and receiving all manner of property, by virtue of the mi tied to r~ tives of the State of Georgia, in General Assembly met, statute of distribution of this State, so far as relates to the practise^ and it is hereby enacted, by the authority of the same, That real and personal estate of, Joseph Miller (the Teputed state?1 13 from and immediately after the passing of this act Edward father of the said Nancy Davis), and to n6 other, to all In- P. Postell be, and he is hereby admitted to plead and prac- tents and purposes; any law to the contrary notwithstanding: tisc in the several courts of law and equi;ty in this State, Provided, that this act shall not enable the said Nancy .to in- jproviw. upon his taking the usual oath in such case made and pro- herit to the exclusion of any child or children of the said Proviso, vided j Provided, he undergoes the examination pointed out Joseph Miller born, or who may hereafter be born, in lawful by law and the rules of court. DAVID ADAMSk wedlock^ DAVID ADAMS, ' Speaker of the House of Representatives. Speaker of the House of Representatives. THOMAS STOCKS,' . THOMAS STOCKS, President of the Senate. „ President of the Senate. Assented lo, November 21st, 1823. / Assented to, December'8th, 4 823. • G. M. TROUP, Governor. . _ 'G. M. TROUP, Governor. RELIEF LAWS.—1824. 319 [no.938.] AN ACT to add to the name of Stephen Lacoste Harris, of Chatham County. To be Be it enacted by the Senate and House of Representatives pbeu^La-6" of the State of Georgia, in General Assembly met, and it is wah hereby enacted by the authority of the same, That from and Harris!ey immediately after the passing of this act Stephen Lacoste Harris, of the city of Savannah and county of Chatham, in the State aforesaid, son and heir of John Hartley Harris, alias William Laycock, late of the city of Savannah, and formerly of London, England, shall be called and known by the name of Stephen Lacoste Walmsley Harris: Empower- § 2. And be it further enacted by the authority aforesaid, Notaractas ^hat sa'^ Stephen Lacoste Walmsley Harris shall be, Public for and he is hereby empowered to act as notary public for the County!11 county of Chatham, in the State aforesaid, under the name last aforesaid, with the same power and authority as that granted him in the name of Stephen Harris. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 21st, 1823. G. M. TROUP, Governor. [no.939.] AN ACT to remove the Court-house, or the site of the Public Buildings in the County of Wayne. Commis- Be it enacted by the Senate and House of Representatives pointed uT °f the State of Georgia, in General Assembly met, and it purchase {s hereby enacted by the authority of the same, That James Greatsa-6 Strickland, Aaron S. Harris, James D. Prevatt, Pliny Shef- a'townyseu an<^ Jeremiah Johns, or a majority of them, be, and lots, &c. they are hereby appointed commissioners to fix on the site for the public buildings of said county, which place shall be as near the centre of said county as convenience will permit, on the north side of the river Great Satilla ; and that said commissioners, or a majority of them, shall have full power and authority to purchase not exceeding ten nor less than two acres of land, for the purpose of fixing thereon a court- house and jail, and other public buildings of said county, and to lay of? the remainder in lots of such size and manner as they, or a majority of them, shall deem most advantageous, and to sell and dispose of the same to the highest bidder, giving at least thirty days' notice thereof, by public adver- tisement, at two or more of the most public places in the Proceeds of county aforesaid ; the proceeds thereof to be applied to the applied^ payment of the land, the remainder, if any, to be applied Building of towards building the court-house and jail of said county ; and house and shafi t>e Paid by sa'J commissioners into the hands of the iaiL Inferior Court of said county, who, or a majority of whom, are appointed commissioners for the purpose of letting the building of the court-house and jail by public outcry to the lowest bidder, after giving thirty days notice thereof at two or more public places in said county. Courts § An^ be it further enacted, That courts shall be held where held, as heretofore, until suitable buildings are erected at the place contemplated by this act. Elections § 3. And be it further enacted, That all elections for heilret°be members of the Legislature, and justices of the Inferior Court, and clerks, and sheriffs, and receiver of tax returns and tax collectors, and coroner, shall be held at the place appointed by the commissioners aforesaid. Commis- § 4. And be it further enacted, That the commissioners meet"/0 s^a^ meet at the house of Wilie Robinson, Esq. for the vyiiieRo- purpose above stated, a*t any time agreed on by them, or a Wnson's. majorjty of them, before the first of July next; any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 10th, 1823. G. M. TROUP, Governor. AN ACT to alter and change the names of Winney B. [no.940.j James F., and William A. Osborn, to that of Winney B., James F., and William A. Newsom. Be it enacted by the Senate and House of Representatives Names ai- of the State of Georgia, in General Assembly met, and it is tered' hereby enacted by the authority of the same, That from and after the passage of this act the said Winney B., James F., and William A. Osborn shall be called and known in law by the names of Winney IL, James F., and William A. New- som ; any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 24th, 1823. G. M. TROUP, Governor. AN ACT to grant indulgence to the purchaser of lot [no.941.] number thirty-two, lying in the County of Greene, and known as a part of the University Land. Whereas, the original purchaser of said lot of land some Preamble. year$ since sold and transferred it to a third person, and has failed to pay the State for the same; and whereas, the State has caused the mortgage given on said land to secure the payment of the sum given for said lot of land to be fore- closed, and has caused the same to be advertised for sale on the first Tuesday in January next by the sheriff of Greene county ; • Be it therefore enacted by the Senate and House of Repre- Purchaser! sentatives of the State of Georgia, in General Assembly metr emiued'to and it is hereby enacted by the authority of the same, That the cenain be- purchaser of said lot of land at sheriff's sale, shall be entitled ne to all the benefits of the act passed second ofDecember eigh- teen hundred and twenty-two, requiring the collection of a certain part of the debts due fhe University, &c.; Provided, Proviso, the purchaser thereof shall pay into the clerk's office of the Superior Court one-half of the amount of which said lot shall sell, and give good bond and security for the re- mainder. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. AN ACT to alter and change the names of Jarred [no.942.] Spence to that of Jarred Jolinston, and Charles Ho- berts to that of Charles Wheeler. Be it enacted by the Senate and House of Representatives Names ai- of the State of Georgia, in General Assembly met, and it is tered"- hereby enacted by the authority of the same, That from and after the passage of this act the said Jarred Spence shall be called and known by the name of Jarred Johnston, and the said Pharles Roberts shall be called and known in law by the name of Charles Wheeler ; any law or usage to the contrary notwithstanding. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 2d, 1824. G. M. TROUP, Governor. an ACT to change the name of Henry Hill. [no.943.] Be it enacted by the Senate and House of Representatives To be call- of the State of Georgia, in General Assembly met, and it pd^,da™und is hereby enacted by the authority of the same, That from Hiu. and after the passage of this act, Henry Hill, of the county 320 , RELIEF LAWS.—1825. I of Wilkes, shall be called arid knownby the name of Edmund hereby enacted by the authority of the same, That from ft^V ,'Putilam Hill. • JOHN ABERCROMBIE, and immediately .after the passing of this act, it shall be the traders^ Speaker of the House of Representatives., duty of every pedler or itinerant trader wishing to vend ALLEN B. POWELL.N v goods, wares, or merchandise under a license from the State, theComp. . Presidentof the Senate.1 to make application to the comptroller genera), whose duty l,re0ra®fG#' Assented to, December 20th, 1824. . it shall be to make out a license for the term of one year, . G. M. TROUP, Governor, to the person desiring to become a vender of goods, wares, — 7 or merchandise, upon the applicant first paying to the cornp- £*o.944.] AN ACT for the relief of Thomas Foley. troller general the sum of five dollars, for his services in To pa? n, Whereas,Thomas Foley was, on the twenty first-day'of making out such license; the licenses in all cases shall be liogj, • . October last, one thousand eight hundred and twenty-four, forwarded immediately to the treasury department, and upon fivedoiiari. fined in the -sum of six hundred dollars, at a Superior Court the payment of one hundred dollars to the treasurer by the TheTre*. held in and for the county of Wayne at Wayne court-house, person to whom such license shall be granted ; which said hnndreT and was sentenced to be imprisoned in the common jail several sums shall be aclded to the unexpended balance in do,laf»- until that amount shall be paid, for tfie act of peddling ; the treasury of each political year the treasurer shall also be The TfM. wcourtof ?e enncted by the Senate and House of Representa- entitled to require and receive from all persons'to whom a^d'to Wayne au- tives of the State of Georgia, in General Assembly met, and license shall be granted by the comptroller general the sum di^harge10 ^ hereby enacted by the authority of the same, That frorn^ of two dollars, for countersigning every license that may be ten^ng. Foiemftom 'mmediately a^er passage of this act, that the Jus* demanded and executed in the treasury department after the wsfine and tices of the Inferior .Court of the oounty of Wayne, or any next election for treasurer, which «hallx authorize him or 'menu0"* two i>e authorized to discharge him the said them obtaining licenses'as aforesaid to vend goods, wares, License to Thomas Foley from paying the said fine, and frorii the im- or merchandise for. tiie term of twelve months from the date forntt^# prisonmentof him the said Foley, oh his attorney's paying the of the license, within the .limits of this Stat©: Provided, m onth. ' cost of court in that trial and commitment, on him or his attor- nevertheless, that there shall be onev license for every wagon, Pr0TISO" ney's producing receipts from the clerk aiid sherifi" of such; cprt, or other vehicle employed or used in vending such payment of costs. • , . < goods, wares* or merchandise! clause!'112 § And be it further enacted, That all laws and parts §2. And be it further enacted, That it shall be the duty ause> of laws militating against the provisions of-this, act be, ^nd QPmptroller-geneisl, issuing licenses as aforesaid, to to dSj the same are hereby repealed.- N ' , ' ' describe as nearly as he \c:an, in every license that he may > JOHN ABERCROMBIE, issue,,the age, size, complexion, &c.r of the person to whom ^ ' y Speaker of the House of Representatives, such license is granted. , • ' ALLEN B. POWELL, § 3. And be it further enacted, That on oath being made » President of the Senate: before any judicial officer of this State, justice of the In-person> Assented to, December 9th, 1824.1 * ferior Court, or justice of the peace, that a violation of this G.. M. ,TROUP, Governor, law has been committed, it shall be his "duty to issue a war- law. J * . * : •. rant from,under his hand, directed to any sheriflT, deputy- £ng.945.] AN ACT to legitimatize, and change the names of Amy sheriff, constable,, or marshal of any town or city, com-' Merany Albritton and Aley Mehaley Albriitori) to manding them, or each of them, to arrest the offender or that of Avey Merany Leaptrot and Aley Mehaley offenders;,'seize, bring him orthem andthe goods, wares, or Leaptrot, .merchandise which they may have in thhir immediate pos- Namesai- . Beit enacted by the Senate and House/of Represent-- session .before any judge of the Superior Court, in term ■ -u.eydSi.Mives of the State of Georgia, in .General Assembly met, time' or before, any of the justices of Ihfefior Court do z* —t a.t rr^. .-» * insJip.ps nf thp.nfiar.fi! and iP^on trial before ahv of ther or J»aled as cmd it is hereby enacted by the authority of the same, That the justices of the peace; and if, on trial before any of,them, it they had vi e a i_.. vt„ , shall anDear from the evidence that the charge or charges been bora in lawful . wedlock. they had name of Avey Merany Albritton and the name of Aley Me-' shall Appear from the evidence thatthe ^a^=® , . u i a ii •»/ , jU , , . , , .. c are ma icious or unfounded, he, she, or they shall be dis- bale, Albntton be, and they art, Uerebj chafed to .At of e . . 0le wis'ef,16)vsh tb sba,| be Avey Merany Leaptrot and Aley Mehaley Leaptrot and q • - in t'he sam ot . A . Vll A .1° " h 17 and completely leg,tuna- o several bond, for hie, her, ' • tized, and entitled to all the rights and legal privileges that . c. U1 ■ . r. c +« Lo hplrl they would have-been had-they been bor'n in -lawill wed- or their appearance at. he next S,uPf'orpC^ lock, and be fully capable of taking aftd inheriting and receiv- » 'he ""»*» where such offenco shall have been irfg all manner of pSopert, b, virfue of the eta'tute of distri- »»d .<"> «">'«« «? g«0 euch secunty as. the con shall dkern bution of this State, so far as relates to the real and personal ■ &°°d a" sufficien , s la e tcomm 9 J _ , vdf of estate of Sguilla, Leaptrot, the reputed father of the said court the attorneyor solicitor general shall. P"fer a b,ll of Avey Merany add Aley Mehaley, and no other, to all intents .nd.ctment aga.rist the party so offending, who shal, if con- and purposes | anylaw to the contrary notwithstanding; noted, toed by the court m »« uf nntlwithan two ■ Provided, that this shall not enable the said Avey Merany hundred dollars, nor more ftan-three hundred dollar^ for and Aley Mehaley to inherit to the exclusion of child or chil- ?ach «"d every.violatton of this law, and the party so offend- dren of the said Aguilla Leaptrot born, or who may liereafter S/Ihal,/tjrltl uptll such fine oi-fines b<^i paid be born, in lawful wedlock. ' ^ § 4 .And be it further enacted, That the fine or fines Fm^in^ JOHN ABERCROMBIE, which uja, be^cut^,%^ und werj aiola^rf ' Speaker of the^^ House of Representatives. »"w shall be coUectcd as aU other fines or p.snalJ,es • and ' at i p\r r> HOW FT T w^en so collected shall form a fund in the handset the clerks ' . President of the Senate the Inreri°r Court of the several counties in this State; Assented to, November 25th, 1824. ' ar?d be appropriated, at the discretion of the Inferior Court,- G. M. TROUP 'Governor to suPPort ^nd maintenance of the poor ot the county ' 1 * where such offence is actually committed. a at a -t n i a a* .uij a a. § 5- And be it further enacted, That this act shall not™'^ (no.946.] AN ACT to alter and amend an Act, entitled An M nrevyenf lhe cormrration of anv town or village from exact- Provisa x w wi^iua, uit, jxuc, entitle a Jin Jici r , - . .. - - to impose an additional tax on pedlers and other iti- Prevanf lhe corporation of any town or village from exact- te,fere nerant traders, passed the ninth day of December lng j-m Ped\er' or other itinerant trader, a sum not ^rlglion eighteen hundred and nineteen. ' exceeding fifteen dollars for every day for which he, she, p..."- ■n . j » 7 o 7 rr 4 or they are found offering their goods,'wares, or merchan- - f ^ enacted by the Senate and House of Representatives dise for sale therein : Provided, that nothing herein con-Pro*'10, oj the State of Georgia, in General Assembly met, and it is tained shall be so constmen as to RELIEF LAWS.—1824. 321 obtain a license for trading on the manufactures of this State. lulling § 6" And be it further enacted, That the revenue arising to belong to under this act shall be added to, and become a part of the the Poor l 1 r i school poor school fund. Fuild- JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. "[no.947.] an act to alter and amend an Act, entitled An Act for the relief of James Dudley. The wife Be it enacted by the Senate and House of Representatives Dudley in of the State of Georgia, in General Assembly met, and it is vtvor°shipr" hereby enacted by the authority of the same, That should the may enjoy wife of the said James Dudley survive him, she shall be w iuring^her titled during her natural life to hold the fraction nu-lDer i,fe> thirty-four, situate in district number nine in the r/Qnty of Henry, in the same manner and with the same ri>*,ts an(^ Pri" vileges and restrictions on [which] said fra^'on °f Hnd is now held by her said husband, by virtue an ac^ of General Assembly passed the sixth (/December, one thou- sand eight hundred and tweiity-twr' entitled An Act for the relief of James Dudley. tOHN ABERCROMBIE, Speak^ °f the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented December 9th, 1824. G. M. TROUP, Governor. [no.948.] an act to vest in the Hibernian Society of the City of Savannah all Moneys arising from the sales of es- cheated estates of Irishmen of the County of Chat- ham. fronuhees ^ enac^e^ % ^ Senate and House of Representatives cheated es- of the State of Georgia, in General Assembly met, and it is irishmen in hereby enacted by the authority of the same, That from and Chatham immediately after the passing of this act, all moneys arising veslecMn from the escheated estates of Irishmen of the county of id an* So-" Chatham shall vest in the Hibernian Society of the city of ciety. Savannah. Escheator § 2. And be it further enacted, That upon application thePsam°eVto made by the Hibernian Society of the city of Savannah to and^S'de' ^ ^ourt °f Ordinary of Chatham county, and order passed fault to pay thereon, it shall be the duty of the escheator of said county sumbl?e-the to Pay over t0 sa^ society, within the time specified in ceived. said order, the nett proceeds of the sales of all such es- cheated estates as aforesaid ; and in default thereof, he shall forfeit and pay to the Hibernian Society of Savannah double the sum which such escheator shall have received and have in his hands, to be recovered by action of debt in any court having jurisdiction' thereof. clause'"3 § ^n^ ^e it farther enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. £no.949.] AN ACT to pardon Thomas Franklin Hall, of Chat- ham County. Preamble. Whereas, at a Superior Court holden in and for the county of Chatham, in the term of January, one thousand eight hundred and twenty-four, Thomas Franklin Hall, of said county, was convicted of the crime of murder, but was recommended by the jury to the mercy of the court, and S s subsequently reprieved by the Governor until the twenty- second day of November, one thousand eight hundred and twenty-four; and whereas, a number of the inhabitants of Chatham county have petitioned the Legislature to pardon the said Thomas Franklin Hall ; Be it therefore enacted by the Senate and House of Represent- Pardon. atives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, '1 hat from and immediately after the jessing of this act the said Thomas Franklin Hall be, and is hereby declared to be freely, fully, and entirely pa>uoned, exonerated, and discharged from the pains and pennies of his said conviction and sentence, as fully, freelv. arjd entirely as if such conviction and sen- tence had r^ver taken place, or the offence been committed ; Provide*» nevertheless, That the said Thomas Franklin Hall Proviso. sha!1Ilot be discharged until he shall have paid all costs that pray have accrued relative to his conviction and confine- ment. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November lllh, 1824. G. M. TROUP, Governor. AN ACT to exempt all Aliens residing or at any time [no.950.] being within the State of Georgia from the perform- ance of ordinary Militia or other Military Duty, except the duties hereinafter specified. Be it enacted by the Senate and House of Representatives Aliens to of the State of Georgia, in General Assembly met, and it is from mia- hereby enacted by the authority of the same, That from and taryduty. after the passage of this act, all aliens residing or at any time being within the State of Georgia shall be exempt from the performance of all ordinary militia duty and other military duty, except patrole duty, alarm duty, and duties required for the suppression of insurrection, invasion, or conflagration. § 2. And be it further enacted, That every alien claiming Aliens the exemption as aforesaid shall, before he is entitled to the the'exemp- same, make oath before a judge of the Superior or justice of the Inferior Court of this State, or justice of the peace, be filed' that he is an alien, and that it is not his intention to become cierkofthe a citizen of the United States ; which oath he shall present Superior to the clerk of the Superior Court of the county in which °urt" he reside* or may be, who shall file in his office the said oath, and register the name of the said alien in a book for that purpose, and shall furnish the said alien with ? certi- ficate under his hand and the seal of the said court of such registry being made, for which certificate the said clerk shall be entitled to receive the sum of three dollars. § 3. And be it further enacted, That all laws or parts of Repealing laws militating against this act be, and the same are hereby clause- repealed. • JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. AN ACT* for the temporary relief of purchasers offrac- [no.95i.j tional Surveys, Lots, or Islands, at the sales in this State. Be it enacted by the Senate and House of Representatives Purchasers of the State of Georgia, in General Assembly met, and it is Jiuiged1" hereby enacted by the authority of the same, That all pur- twelve chasers of fractional lots or islands at any of the late sales, wrtain °n lying and being within the limits of the counties of Henry, conditions. Fayette, Newton, Monroe, Houston, DeKalb, Dooly, Pike, Bibb, Decatur, Crawford, Irwin, Early, Appling, or Telfair, shall be indulged for twelve months for one-half of the in- stalment which shall first become due, upon paying into the * See Acts Nos. 964, 985,10 1,1031, giving further indulgence. 322 ■ Relief laws—1824. treasury of the State the other half of said instalment, or hereby enacted by the authority of the same, That from and giving bond with approved security to the comptroller after the passing of this act, the said John Early W. Preskitt general of the State, or solicitor general of the circuit in shall be called and known in law by the name of John Early which the party claiming indulgence shall live, for the whole W. Oliver, any laW or usage to contrary notwithstanding. Froviso/] of said instalment which shall so remain unpaid ; Provided, JOHN ABERCROMBIE, that the half of said instalment which shall be paid, or bond Speaker of the House of Representatives, and security given, within sixty days after the same shall , • - ALLEN B. POWELL, become due. President of the Senate. The same § 2. And be it further enacted, That the same indulgence Assented to, December 9th, 1824. to pu?-nce shall be granted to purchasers of ar. fractional parts of sur- G. M. TROUP, Governor. Sheriffii,at veys or lots sold by the sheriffs of the aunties of Walton, sales!, Gwinnett, Hall, Habersham, and Rabun. AN ACT to change and legitimatize the name of Lewis tNo.954.] JOHN ABERCROMBIE, Berrien Hill to Lewis Berrien Floyd. Speaker of the House of Representatives. Be it enacted by the Senate and House of Representatives Nameai- ALLEN B. PQWElt 0f the State of Georgia, in General Assembly met, and it is President of the &Vate, enacted by the authority of the sapie, That from and mated. Assented to, December 7th, 1824.' v immediately after, the passing of this act the name of Lewis < G. M. I ROUP, Governor. "aqrrien Hill be, and it is hereby changed tp Lewis Berrien ,. „ T~~7~ • t -n- y ^ and that he is hereby declared to be fully and com- [no.952.] AN ACT for the relief of LoincJc Pierce, of Greene pletely fully legitimatized, and entitled to all the rights . County, and other purchasers of University Lands. « and legal privileges that he would have been had he been ' Preamble. Whereas, at the sales' of the University lands in the year born in| lawfih and be fully capable of taking and • , eighteen hundred and sixteen, Lovick Pierce, of Greene inheriting and reiving all manner of property by virtue county, purchased lots, number fifteen and sixteen, contain- of the statute of di&^bution-o'f this State, so far as relates ing one hundred acres each, of the Richland Creek tract, to the real and personal b.iour ^ verse and That when the board of trustees shall receive satisfactory chambers,, a trustee or guardian to act in behalf of said Z]"tore- tuffare® evidence of the validity of such adverse and conflicting mulatto woman, Ririo ; and obtain from the executor or f°Taaryaleft valid what, titles, and that the titles executed by the said trustees carl- executors of the estate of the said John Currie, or the person berbv tobe_ one. not be sustained? the said trustees shall notify the treasurer 0r persons in possession of the said estate; the bequest and $£ of the fact ; and of the' quantity of land covered by such legacy left by the will aforesaid to the said mulatto woman, adverse title, and the treasurer shall thereupon make the 'named Rino, and for this purpose, power and authority is deductions, and enter the requisite credits on the bonds hereby vested in such trustee or guardian, when duly nomi- given for the purchase-money, of said lands, in the manner nated and appointed, to sue for and recover the said legacy, pointed out in the preceding section. and otherwise enforce the object of the said will and inten- JOHN ABERCROMBIE, tion of the testator in relation to the said mullatto woman, Speaker of the House of Representatives, named Rino, in the Superior or Inferior Court of the ALLEN B. POWELL, county of Chatham, or in any other county where the said President of the Senate, executor or executors or person or persons having the ma- Assented to, December 20th, 1824. 1 nagement of said estate may reside. . . G. M. TROUP, Governor. , . JOHN ABERCROMBIE, Speaker of the House of Representatives. [no.953.] AN ACT to alter and change the name o* John Early ALLEN B. POWELL, W. Preskitt to that of John Early W. Oliver. , President of the Senate. Name al- Be it enacted by the Senate and House of Representatives Assented to, November 25th, 1824. ' ■ of the State of Georgia, in General Assembly met, and it is G. M. TROUP, Governor. RELIEF LAWS.—1824. 323 [no.956.] AN ACT to secure to Stephen Pierce 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. The right tl Be it enacted by the Senate and House of Representa- saicnin"1"5 ves °f the State of Georgia, in General Assembly met, vested in and it is hereby enacted by the authority of the same, That Piercefor Stephen Pierce and his heirs shall have the sole and exclu- ten years. sjye rjg|)t 0f runnjng a line of stage carriages, for the con- veyance of passengers and their baggage, between the city of Savannah and Augusta, for the tertn of ten years, except as is hereafter excepted, to commence on the first day of January, in the year of our Lord one thousand eight hundred and twenty-five. Penalty on § 2- And be it further enacted by the authority aforesaid, who°in-! That if any person or persons other than the said Stephen fringe the Pierce and his heirs shall run any stage carriage or carriages right' in any manner for fare or hire, between the places aforesaid, except first obtaining leave of this State, every person so offending shall forfeit and pay to the said Stephen Pierce and Ips heirs the sum of fifty dollars for every such offence so com- How'reco- mitted, to be recovered by action of debt before any court of vere ' competent jurisdiction, and the right of the said Stephen Pierce shall comprehend all the different routes between the said two cities of Savannah and Augusta within this State: Said Provided, the said Stephen Pierce or his heirs shall, within the puuheline term of one year from the first day of January next, put uonwfthin *nto °Perati°n the said line of stages, and continue the same one year, at least three times in each week, between the places afore- ?inuethe°n~ said» to and for the term of ten years aforesaid, same three § 3. And be it further enacted, That if the said Stephen each week. .Pierce or his heirs shall fail to run the said line of stages ureOIto ran f°r ten days at a time, at any time during the ten years the line for aforesaid, unavoidable accidents excepted, the right hereby aDtfmef to granted shall cease and determine, and the same shall revest [?rhtit"1& *n t'ie ^tate Georgia. Not 'to sen § 4. And be it further enacted, That the said Stephen iege.prm" Pierce shall have no right to sell or dispose pf the privileges hereby granted to him. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. [no.957.] AN ACT to legitimate and change the names of Win- ney B., James F., and William A. Osburn, to that [of] Winney B., James F., and William A. Nusom. Names ai- Be it enacted by the Senate and House of Representa" thejMegiti- ^ves °f the State of Georgia, in General Assembly met, mated. and it is hereby enacted by the authority of the same, That the names of Winney B., James F., and William A. Osburn be, and they are hereby changed to that of Winney B., James F., and William A. Nusom, and that they,are hereby de- clared to be fully and completely legitimated, and entitled to all the rights and legal privileges that they would have been had they been born iq lawful wedlock, and be fully capable of taking, interesting, and receiving all manner of property, by virtue of the statutes of distribution of this State, so far as relates to the real and personal estate of Batts Nu- som, the reputed father of the said Winney B., James F., and William A. Osburn, only to all intents and purposes ; any law to the contrary notwithstanding. JOHN ABERCROMBTE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. S s 2 AN ACT to authorize Daniel R. W. McRae, Richard [*o.958.] K. Hines, John S. Lewis, Thomas Beall, Lucius L. Wittichi Peter A. Early, Albert Y. Gresham, Iverson L. Harris, Hines Hplt, and Lesley Thompson to plead and practise as attorneys and solicitors in the several courts of law and equity in this State. Be it enacted by the Senate and House of Representa- Certain tives of the State of Georgia, in General Assembly met, and Jammed it is hereby enacted by the authority of the same, That from to plead and after the passing of this act, Daniel R. W. McRae, n"e as*At- Richard R. Hines, John S. Lewis, Thomas Beall, Lucius L. torneysand Wittich, Peter A. Early, Albert' Y. 'Gresham, Iverson L. olcltors" Harris, Hines Holt, and Lesley Thompson shall be permitted and allowed to plead and practise as attorneys and solicitors in the several courts of law and equity in this State, on their undergoing an examination and being approved by the court as required by law. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. AN ACT to authorize the Justices of the Inferior Court [no.959.j of the county of Hall to remit a. fine incurred by Eze- kiel Treddaway. Whereas, Ezekiel Treddaway heretofore became bound Preamble, for the appearance of William Chambers at a ■ Superior Court held in and for said county on the third Monday in September eighteen hundred and twenty-two, then and there to prosecute and give evidence in a bill of indictment, the State against John Nelson and others for a riot, and the said William Chambers failing to appear, his recognisance was forfeited for the sum of one thousand dollars ; Be it therefore enacted by the Senate and House of Re- Fine to be presqntatives of the State of Georgia, in General Assembly remitted- met, and it is hereby enacted by the authority of the same, That from and immediately after the passing Of this act the justices of the Inferior Court of the county of Hall be, and they are hereby authorized and empowered to remit the whole or any part of said fine, so incurred by Ezekiel Treddaway on the failure of William Chambers so to appear : Provided, Proviso.j that the said Treddaway shall in no case be exonerated until he shall have paid all costs that accrued in said case. § 2. And be it further enacted, That all laws or parts of ^Pe®ling laws militating against this act be, and they are hereby re- pealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 18th, 1824. G. M. TROUP, Governor. AN ACT to authbrize James Cleland to plead and [no.960.] practise as an attorney and solicitor in the several courts of law and equity in this State. Be it enacted by the Senate and House of Representa- James cie- tives of the State of Georgia, in General Assembly met, and Hiedto 10 it is hereby enacted by the authority of the same, That from j^?is*nd and after the passing of this act, James Cleland shall be law in this permitted and allowed to plead and practise as an attorney State> and solicitor in the several courts of law and equity in this State, on undergoing an examination and being approved by the court as required by law. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Sena' Assented to, November 25th, 1824. G. M. TROUP, Gr 324 RELIEF IAWS.—1825. [no.961.] an act to authorize James C. Terrell and Andrew J, they comply with the requisitions therein contained within Miller to plead andpractise as Attorneys and Solicitors sixty days from and after the passage of this act. . in the several Cour,ts of law and equity in this State. ' JOHN ABERCROMBIE, Certain Be it enacted hy the Senate and House of Representatives • 1 Speaker of the House of Representatives, allowed to of the State of Georgia in General Assembly met, and it is • ALLLN • ' hereby enacted by-the authority of the same, That from '• " President of the Senate, law in this and after the passing of this act, James C. Terrell and An- Assented to, June 11th, 1825. _ sta,e- drew J. Miller shall be permitted and allowed to plead and ' , G* M' TROUP, Governor, practise as attorneys and solicitors in the several courts of , T ^ r «■ law and equity in this State, on undergoing an examination, an ACT to legitimate and change the names of Jessee [no.965.j and being approved by the court, as required by law.' D., George PP., James D., and Lucinda Hall to that of JOHN ABERCROMBIE, Jessee D., George W., James D.s and Lucinda Har- Speaker of the House of Representatives. dage. ' • ALLEN B. POWELL, Be it enacted hy the Senate and House of Representatives Thenars ■ N - . President of the Senate, of'the State of Georgia, in General Assembly met, and it is Assented to, June 11th, 1825. ' hereby enacted by the authority of the same, That the names ET G. M. TROUP,. Governor. 0f Jessee D., George W., James; Ek,, and Lucinda Hall be, , ( and they are hereby changed to that of Jessee D., George [no.962.] AN ACT to exempt persons who are Ferrymen from W., James D., and Lucinda Hardage, and that they are „ performing Militia Duty in time of peace. hereby declared to be fully and completely legitimated, Ferrymen Beit enacted by the Senate and House of Representatives and entitled to all the fights and legal privileges that they peace ex°f of the State of Georgia, in General Assembly met, That from would have been had they been born in lawful wedlock, so M?Htia°m an<* a^tf!r ^ Passin£ °f this act, all persons who1 are regu- far as respects the estate of their reputed father only ; any duty.ia larly employed as ferrymen liable to perform militia 'duty law, usage, or custom to the contrary "notwithstanding.- shall, for and during the period they are employed as afore- < JOHN ABERCROMBIE, said, be exempt from militia duty in times of peace. Speaker of the House of Representatives. , JOHN ABERCROMBIE, ' - ALLEN B. POWELL, _ . Speaker of the House of' Representatives. President of the Senate. " ALLEN B. POWELL, Assented to, June 11th, 1825.; < , , , - President of the Senate. TROUP, Governor. Assented to, June 11th, 1825. ' >■ , . i ;—. . k ' . ' _ G. M. TROUP, Governor. AN ACT to alter and change the name of Matthew R. [N?-966-I ~ - T. Harrison to that of Matthew Jouett Williams. ' ' - [no.963.] an act to authorize the Justices of the Inferior Court Be it enacted by the Senate and House of Representatives of the County of Gwinnett to remit a fine incurred hy - of the, State of Georgia, in General Assembly met, and it is r. t. Har- George Steen. hereby enacted by the authority of the same, That from and "hanged to Preamble. Whereas, George Steen heretofore became bound for the immediately after the passing of this act, the name ol Mat- appearance of Robert M. Hogg at the Superior''Court of thew R. T. Harrison, of Libert county, be, and the same is jouett Gwinnett county, at September term, eighteen hundred hereby altered and changed to that of Matthew Jouett Wil- wmianu- and twenty-four; and Robert.JVX. Hogg failing to. appear, liamsv ; 1 . , " his recognisance was forfeited for the sum of three hun- - §■ 2. And he it further enacted, That nothing herein c°n-.Thi^a^ dred dollars; ' '• ' • tained shall be so construed as to prevent the said Mat-his rights. tTcesS'the Be enacted by the Senate and House*of Representa- thew Jouett Williams frorn receiving or recovering any pro- inferior e tives of the State of Georgia, in General Assembly met, and perty to which he was entitled previous to the passage of this . Gwfenett is hereby enacted by the authority of the same,. That act 5 any law, resolution, or" decision to the contrary not- County au-from and after the passing of this act the justices of withstanding. - ' remuafine the Inferior Cpurt of the county of Gwinnett be, and they .. JOHN ABERCROMBIE, steen° ee are! hereby authorized and,empowered to remit "the whole Speaker of the House of Representatives. or any part of said fine so incurred by George Steen on the * / ALLEN B. PO WELL, Proviso, failure of Robert M. Hogg so-to appear; Provided, that - 1 ' President of the Senate, the said George Steen shall in no-case be exonerated until Assented to, June 1 Ith, 1825. he shall have paid all cdsts that accrued in said case. U. M. TROUP, Governor. Repealing § And be it further enacted, That all laws or parts ' " / clause. of iaws, militating against this act,be, and they are hereby an act to alter and change the name of Jessee G. [n°-9674 repealed. , Fuller to that of Jessee Gunn.. JOHN ABERCROMBIE, Be it enacted by the Senate and House of Representatives Speaker of the House of Representatives, of the State of Georgia, in General Assembly met, and it Fuller . ALLEN B. POWELL, is hereby enacted by the authority of the same, That from thatofj^ President of the Senate, and after the passage of this act, the said Jessefe G. Fuller see Gunn. Absented to, June 11th, 1825. shall be called and known by the name of Jessee Gunn ; G. M. TROUP, Governor, any law or usage to the contrary notwithstanding. —r . JOHN ABERCROMBIE, [no.964.] an act to alter and amend an Act, entitled An Act Speaker of the House of Representatives. to grant temporary relief to the purchasers of Frac- ALLEN B. POWELL, tions, Lots, and Islands, passed on the seventh day of - • . ' President of the Senate. December, eighteen hundred and twenty-four. . Assented to, June 11th, 1825. Time of Be it enacted by the Senate and House of Representa- '. G. M. TROUP, Governor, extended to *™es of the State of Georgia, in General Assembly met, That .,TArwi^ 7 ,. , , rrr . r r QfiSr sersoffrac- ^ Purchaser, of fractions, lots, and islands in the counties an act far the relief of Douglas] Watson, of Mor- tN0,9 1 tfona! rac named in the before-recited act, who have failed to take the • Sart @ounty* Provwo. rehef therein granted, shall have it extended; Provided, Whereas, Douglas Watson, of Morgan count v. became Preamble. RELIEF LAWS—1825. 325 the holder and owner of a certificate which was issued to Willis Trice for fraction number one hundred and thirteen, in the fourteenth district of Monroe county, and paid to the State the several sums due on said certificate ; and whereas, the grant was issued to said Douglas Watson in the name of Willis Trice, the original purchaser, when of right, and according to law, the grant ought to have been issued in the name of the said Douglas Watson ; The Go- Be it therefore enacted by the Senate and House of Re- causeYhe presentatives of the State of Georgia, in General Assembly met, and it is hereby enqcted by the authority of the same, Trice can- That it shall and may be lawful for his excellency the Go- aegra'ntato vernor> an^ he is hereby required, immediately on the return issue to of the grant for said fraction so issued in the name of Willis Wate'oa.1 Trice, to have the said grapt cancelled, and to cause a grant to issue for said fraction for and in the name of the said Douglas Watson, in terms of the law in such cases made and provided. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 12th, 1825. G. M, TROUP, Governor. [no.969.] AN ACT to alter and change the names of Barbary Hendrix, and James Hendrix, and Malinda Ham- brick, to that of Barbary Dixon, and James Dixon, Malinda Hambrick. Daniel, and to legitimatize the said Malinda Hambrick, to be an heir of John Raven Daniel, her reputed father.' Names ai- Be it enacted by the Senate and House of Representa- tered' tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the name of Barbary Hendrix be, and it is hereby changed to that of Barbary Dixon ; and that the name of James Hen- drix be changed to that of James Dixon, and the name of Hambrick Malinda Harttbrick be changed to that of Malinda Hambrick legiti- „ Daniel, and that she is hereby declared to be fully and com- mated. pletely legitimatized, and entitled to all the rights and legal privileges that she would have been had she been born in lawful wedlock, and be fully capable of taking and inheriting- and receiving all manner of property, by virtue of the sta- tute of distribution of this State, so far as relates to the real or personal estate of the said John Raven Daniel, the re- puted father of the said Malinda Hambrick, and to no other, to all intents and purposes ; any law to the contrary not- Proviso, withstanding : Provided, that this act shall not enable the said Malinda to inherit to the exclusion of any child orchil- dren of the said John Raven Daniel born, or who may be born in lawful wedlock ; any law to the contrary notwith- standing. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [no.970.] AN ACT to legitimatize Elizabeth Wilson, Charity Mitchell, Carter Mitchell, Elizabeth Mitchell, Mary Mitchell, and Rebecca Mitchell. Elizabeth". ■ Be it enacted by the Senate and House of Representatives gttmated* °f State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Elizabeth Wilson, an illegitimate child of Celia Mitchell (formerly), now Celia Newsom, and wife of Solomon Newsom, born previous to her intermarriage with the said Solomon New- som, be, and she is hereby legitimatized so far as to be equally capable of inheriting at law with the legitimate children of the said Solomon and Celia ; Provided, the said Solomon Newsom should die intestate. § 2. And be it further enacted, That t'harity Mitchell, chanty, ~ Carter Mitchell, Elizabeth Mitchell, Mary Mitchell, and EHzabeth, Rebecca Mitchell, children of Rebecca Mitchell, deceased, Re"^caand which said Rebecca Mitchell was another illegitimate child Mitchell ie- of the said Celia, born before her intermarriage as afore- siUn,ialed' said, be, and they are hereby legitimatized, so far as to be equally capable of inheriting at law with the grandchildren of the said Solomon and Celia, as though the said Rebecca Mitchell had been a legitimate child of the same ; Provided, the said Solomon should die intestate as aforesaid. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 17th, 1825. G. M. TROUP, Governor. AN ACT to change the names of Daniel N. Peoples, [no.97I.] William Peoples, and Nancy Peoples, of the County of Camden, to Daniel Newnan Cone, William Cone, and Nancy Cone, and to legitimatize them. Re it enacted by the Senate and House of Representatives Names at- of the State of Georgia, in General Assembly met, and it is theey 'legkr- hereby enacted by the authority of the same, That from and ™YnheritaS after the passage of this act, the said Daniel N. Peoples, the proper. William Peoples, antTNancy Peoples shall be known in law }fan®fc^e by the names of Daniel Newnan Cone, William Cone, and their repu- Nancy Cone ; any law to the contrary notwithstanding: and te lier* they are hereby declared to fie fully and completely legiti- matized, and entitled to all the rights and legal privileges that they would have been entitled to if born in lawful wedlock, and be capable of inheriting all manner of property by virtue of the statute of distribution, so far as relates to the real and personal estate of William Cone, their reputed father. DUNCAN G. CAMPBELL. Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 17th, 1825. G. M. TROUP, Governor. AN ACT to change the name of Louisa Sims, and tole- [no.972.] gitimatize the same, and for other purposes therein expressed. Be it enacted by the Senate and House of Representatives Name of of the State of Georgia, in General Assembly met, and it is g^sa hereby enacted by the authority of the same, That from and altered to immediately after the passage of this act, the person here- RookS ' tofore known and called by the name of Louisa Sims shall be known and called by the name of Louisa Rooks. § 2. And be it further enacted, That the said Louisa The said shall be hereafter declared legitimately one cf the heirs of timatwL61" John Rooks (of Putnam county), with all the rights and privileges belonging to the same , any law or usage to the contrary notwithstanding. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. AN ACT to legitimatize and change the name of Caro- [n<*973.] line Barneit to that of Caroline Griffin. Be it enacted by the Senate and House of Representatives Name ai- of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the name roiine legi- of Caroline Barnett be, and the same is hereby changed to tlinated- that of Caroline Griffin, and as such she shall be called and known in law ; and the said Caroline is hereby declared to be fullv and comnletelv legitimatized, and entitled to all the 326 BELIEF LAWS.—1825. rights and legal privileges that she would have been had she an act to alter and change the names of Reuben [no.975.) been born in lawful wedlock, and be fully capable of taking, Cooper to that of Reuben Ostean, and Mark A. and inheriting, and receiving all manner of property by virtue of Elizabeth N. Branch to that of Mark A. and Eliza- , jthe statute of distributions of this State, so far as relates to fefo Am Addison. the'real and personal estate of William Griffin, her reputed jge {t emcted by the Senate and House of Represent- 2™* Proviso.,. father; Provided, the same shall only be construed to place atives 0f the State of Georgia, in General Assembly met, the said Caroline on equal grounds, and not to the exclusion an^ n {s hereby enacted by the authority of the Same, Tha^ of any others the legitimate heirs of the said William Griffin. froIfi and after the passage'of this act the said Reuben Repealing § 2. And be it further enacted, That all laws and parts Cooper shall be'called and known by the-name of Reuben clause. of la\vs militating against the true intent and meaning of Ostean, and tin? said Mark A. and Elizabeth Ann Branch this act be, and the same is hereby repealed. ghafi be called and known in law by the name of Mark A. DUNCAN G. CAMPBELL, an(j Elizabeth Ann Addison ; any law or usage to the con- Speaker jpro tern, of the House of Representatives. tl.ary notwithstanding. THOMAS W. MURRAY, r ALLEN B. POWELL, Speaker of the House of Representatives. President of the Senate. ' ALLEN B. POWELL, Assented to, December-24th, 1825. 1 . ' President of the Senate. G. M. TROUP, Governor. Assented to, November 29,th, 1825. . ' G. M: TROUP, Governor. [no.974.] an act to change the names of ^Adren Turner Wil- • [ —z—_ Hams, Martha Susan Williams, and Wormley Rose an ACT for. the relief of Henry King. [no.976.j Williams, to that of Adren Turner Rose, Martha Whereas, it appears that Henry King is the holder and Preamble Susan Rose, and Wormley Rose. , bearer of five hundred and twenty-five audited certificates, Names ai-; Be it enacted by the Senate and House of Representatives t]ate(j jn, the years seventeen hundred and eighty-four, seven? tered- of the State of Georgia, in General Assembly met, and it teen hundred and eighty-five, seventeen hundred "and eighty- is hereby enacted by the authority of the same, That from gjXj seVenteen hundred and eighty-seven, seventeeh hundred and after the passage of this act the said Adren Turner Wil- an(j eighty-eight, seventeen hundred and eighty-nine, and liams, Martha Susan Williams, and Wormley Rose Williams seventeen hundred and nipety, for various sums of money shall be called and known in law by the names of. Adren~ tQ sundry persons in the s„aid certificates named, and Turner Rose, Martha Susan Rose, and Wormley Rose; signed by John Weriat, auditor, to wit'twenty-two of said any. law, usage, or custom to the contrary notwithstanding. certificates, for the sum (if four pounds thirteen shillings and * THOMAS W. MURRAY, fourpence each; thirty-seven of said certificates, for the < ' Speaker of the nf Representatives. gum fiVg p0unds eighteen shillings and tenpence each; t ' ' ALLEN B. PO WELL, fifty-three of said certificates, for the sum of seven pounds PresiPent of the P1enate. five shillings and sixpence each ; one hundred ' and twenty- Assented to, November 25th, ,rpRniTp p eight of said certificates, for the sum of six pounds eighteen /' ' M. TROUP, Governor, shillings each ; one hundred pnd eleven of said certificates, /' . . . " ~T t_ 7 f°r various sums, amounting together to the . sum of one an act to legitimatize and change the name of Cur^ thousand and thirty-four ppunds five shillings and ninepence; ran Rogers, and to repeal so much of the fourth and one hundred and sixty-nine of said certificates, for various fifth sections of the penal code passed the nineteenth sums, amounting to the sum of four thousand two hundred day of December, eighteen hundred and sixteen, as re-, and'■ eighty --three p'o,unds seventeen shillings and ninepence lates to the transportation of Cojivicis 0 the Peniten- thrpe.-farthings : and also three treasurer's certificates, tiary. " ' , to wit: onei dated May eleventh, seventeen hundred and Name of Beit enacted by the Senate and House of Representatives eighty-six, for the sum of forty-two pounds, ten shillings and Johnson ai- °f the State of Georgia, in General Assembly met, and it is twopence ; one'dated ninth February, seventeen hundred Curran*fitor hereby enacted by the authority of the same(, That the name and eighty-seven, for one hundred and two pounds ten shil- gers, and he of Curran Johnson be, and the same .is hereby changed to lings, to Jonas Fauche ; one other for one hundred and fifty- ma"ed. ^iat Curran Rogers, and he is hereby declared to be seven pounds, dated nineteenth October, seventeen hundred fully and completely legitimatized, and entitled to all the and eighty-six; one other; dated twenty-second of Septem- rights and privileges that he would have been had he been ber, seventeen hundred and eighty-seven,' to Alexander born in lawful wedlock, and fully capable of taking and in- McDougal, for thirty pounds six shillings and eightpence; ' ' heriting and receiying all manner of property,-by virtue of and whereas, it further, appears that the said Henry King the statute of distributions of this State, so far as relates to is a citizen of Pennsylvania, and did riot know until lately the estate, real,ahd personal, of Simeon Rogers, the reputed that such claims required renewal by the comptroller under father of the said Curran Rogers* to all intents and pur- the laws of this State; aqd such laws being enacted for the Proviso. pose3 ; any law to the contrary notwithstanding : Provided, prevention of fraud only, and not to prevent the recbvery of that this shall not enable the said Curran Rogers to inherit just claims,and the Legislature being now satisfied that thebe- to the exclusion of any child or children of the said Simeon fore-recited certifieatesare authentic and genuine ; therefore, . Rogers born, or who may hereafter be born, in lawful wedlock. Beit enacted bytheSenate and House of Representatives'mcmr Convicts § 2- And be it further enacted, That from and after the of the State of Georgia,iri General Assembly met, and it is removed to Pass™S °*" act» s0 "puch of- the fourth and fifth sections hereby enactedby the authority of the same, That the comp- thePeni- of the penal code, passed nineteenth December, eighteen troller general be, and he is hereby authorized and required catesin the sheitffe or hundred and' sixteen, as requires that convicts sentenced to to renew the said certificates, for the use and in the name their depu- penitentiary confinement to be removed to the penitentiary of the said Henry King, and at any time within three King. |ies' . by the sheriffs or their deputies, be, and the same is hereby months after the passing of this act, upon the original cer- repealed ; any law to the contrary notwithstanding. tificate being given up to be cancelled before the renewal DUNCAN G. CAMPBELL, thereof. DUNCAN G. CAMPBELL, Speaker pro. tern, of the House of Representatives. Speaker pro. tern, of the House of Representatives. ALLEN B. POWELL, v ALLEN B, POWELL, President of the Senate. President of the Senate. Assented to, December 23d* 1825. Assented to, December 23d, 1825. G. M. TROUP, Governor. RELIEF LAWS.—1825. 327 *0.977.] AN ACT to change the name and legitimatize Isabell Rogers. Name Be it enacted by the Senate and House of Representa- isabeii l° tives °f the State of Georgia, in General Assembly met, Ihefe md an<^ ^ *s hereby enacted by the authority aforesaid, That the matecfaa name of Isabell Rogers (an illegitimate child of Phereha Charles1 °* Rogers and Charles King), be, and the same is hereby King. changed to that of Isabell King (her reputed father), and that she is hereby legitimatized so far as to be equally capa- hie of inheriting at law with the legitimate child or children of the said Charles King. DUNCAN G. CAMPBELL, Speaker pro. tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [no.978.j AN ACT to authorize the Justices of the Inferior Court of Gwinnett County, to remit a forfeiture incurred by Drury Thompson. Preamble. Whereas, Drury Thompson heretofore became bound by recognisance for the appearance of one John W. Thompson at the Superio- Court of Gwinnett county at September tern, eigh.een hu. 4red and twenty-four, and the said John W failing to r jpear, his said recognisance was forfeited, and juugmeut entered thereon against the said Drury for the sum of one hundred dollars and costs ; therefore, Fine to be Re It enacted hy the Senate and House of Representatives remitted, of the State of Georgia, in General Assembly met, and it is - hereby enacted by the authority of the same, That the justices of the Inferior Court of the county of Gwinnett be, and they or a majority of them are hereby authorized and em- powered to remit the whole or any part of said forfeiture Proviso, and judgment so incurred by said Drury : Provided, the said Drury shall in no case be exonerated from the payment of said forfeiture and judgment until he shall make it appear to the said justices, that he has paid all costs that have accrued in said case. Repealing § 2. And be it further enacted, That all laws and parts of 'laws militating against this act be, and the same are hereby repealed. .. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 3d, 1825. G. M. TROUP, Governor. [no.979.] AN ACT to admit John Milton, Joseph T. Williams, Earnest L. Wittich, Richard C. Allen, and Moseley Baker, to plead and practise in the several Courts of law and equity in this State. ■ Certain Be it enacted by the Senate and House of Representatives permitted °f ^ie State of Georgia, in General Assembly met, and it is i to practise hereby enacted by the authority of the same, That from and ! aw' immediately after the passing of this act, Earnest L. Wittich, of Morgan county, John Milton, of Jefferson county, Joseph T. Williams, and Richard C. Allen, of Tallahassee, East Florida, and Moseley Baker, of the State of Alabama, be permitted and allowed to plead and practise as attorneys and solicitors in the several courts of law and equity in this State, upon their undergoing an examination under the di- rection of any Superior Courts within the same, and being found to possess the requisite legal information and moral Competent character: Provided always, that the said John Milton, imreske' Earnest Wittich, Joseph T. Williams, Richard C. Allen, sibie'for""" and Moseley Baker shall, after the date of their admission toatu.000" as aforesaid, be deemed and held competent in law to enter into contracts, and shall be responsible therefor in like manner as if they were of full age. DUNCAN G, CAMPBELL, Speaker pro. tem, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT to authorize certain persons to plead and oo.980.] practise in the several Courts of law and equity in this State. Be it enacted by the Senate and House of Representatives Certain of the State of Georgia, in General Assembly met, and it is Emitted hereby enacted by the authority of the same, That afier the to practise passing of this act, Hugh A. Haralson, of the county oflaw" Walton, Urbane B. Ogilbv, of Wilkes, Henry Pope, of Ogle- thorpe, Orville A. Bull, of Warren, William V. Burney, of Jasper, and Joseph jShelman, of Chatham, be, and they are hereby permitted and authorized to plead and practise as attorneys and solicitors in the several courts of law and equity in this State, and also to act as counsellors: Pro- proviso.] vided, that they shall have first passed an approved examina- tion.before one of the Superior Courts, and taken the oaths prescribed by law. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December ,7th, 1825. G. M. TROUP, Governor. AN ACT for the relief of Isaac Bryan. [no.981.j Whereas, Isaac Bryan did, on the fifteenth day of April, Preamble, eighteen hundred and nineteen, purcha'se at public sale in the county of Columbia a certain tract of land situated in the county of Putnam, containing two hundred two and a half acres, from Ziba Hunt, administrator of Henry Dickens, which said tract is known as lot No. one hundred and fifteen, in the third district; and whereas, according to the decisions of some of the judges of this State, the said sale would be considered illegal, inasmuch as said tract of land was not sold by said administrator, in the county where the land lies ; and whereas, it appears to this Legislature that said sale was in all respects fair, and that the said Isaac Bryan paid a valuable consideration for the same ; Be it therefore enacted by the Senate and House of Repre- The title of sentatives of the State of Georgia, in General Assembly met, fandTn Put- That the said sale shall be held and deemed as good and effectual in law as if the same had taken place in the county good and of Putnam, and the same right, title, and interest shall be ,n deemed to yest in said Isaac Bryan, in and to said tract Bryan- of land. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT for the relief of Stephen Mallory, senior, of [no.982.] Wilkes County. Whereas, Stephen Mallory, sen. of Wilkes county, entered Preamble.] into recognisance in the sum of one thousand dollars for the appearanceof William Mallory as a witness in a case pending before the Superior Court of said county, and said William having failed to appear, in consequence of which the recog- nisance was forfeited, Be it therefore enacted by the Senate and House of Repre- re_ sentatives of the State of Georgia, in General Assembly met, iievedTrom and it is hereby enacted by the authority of the same, That 5„ea™ea ,328 HELIEF. LAWS.—1825. reco n._ immediately from and after the passing of this act, the said town pf Macon, shall be indulged one year for the instal- » sauce?1 Stephen Mallory be, and he is hereby discharged from, the ment now due, or which may become due within ninety payment of the balance due on the judgment and execution days from and after the passage of this act^ upon payipg issued in consequence of the forfeiture of said recognisance, into the treasury of this State all moneys which may have on the payment of. costs; and it shall be the duty of the become due,, together with the interest which may have ac- sheriff of Wilkes county to enter satisfaction in full on said crued to the' State, and giving bond and security which shall execution, so as to exonerate completely from the payment be approved by the comptroller general for the instalments Proviso, of said sum the said Stephen Mallory, senior: Provided, for which this act is tended to grant indulgence. 1 ' that the assent of the commissioners of the academy of said § 2. And be it further enacted, That the same indul- ' county shall first be obtained. gence shall be granted to ^purchasers of. fractional parts of to pur- DUNCAN G. CAMPBELL, ' surveys or lots sold by the sheriffs, acting as commissioners Speaker pro tern, of the House of Representatives, on the part of the Stateyo'f the counties, of Walton, Hallv&c. ALLEN B. POWELL, Gwinnett, Habersham, and Rabun ; Provided, they comply Proviro. , President of the Senate, with the requisitions of this act within sixty days after their Assented to, December 24th, 1825. ' respective bond^.shall become due r and that nothing herein G. M. TROUP, Governor, contained shall be so construed as to deprive those who ' failed' to comply with the before-recited act of the benefits l>o.983t] , AN ACT for the relief of John Clark. of this act. DUNCAN G.CAMPBELL, TheComp- Be it enacted, by the Senate and House of Representatives , < Speaker pro tem. of the House of Representatives. nerauo6* 271 General Assembly met, and it is hereby enacted by the ALLEN B. POWELL, renew to authority of the same, That the comptroller general of t . ' President of the Senate, attain'*'this State be, and he is hereby required to >receive a cer- Assented to, December 17th, 1825. 1 certificate, tificate issued at Augusta the twelfth day pf November,' f . . GL M. TROUP, Qovernor. seventeen hundred and ninety-three, by John Weriat, then- ' ' , auditor of the said State, ih favour of George Cook for AN ACT to grant relief to persons holding Executions [no.986.] eleven hundred and-4'fifty-two- pounds niheteen shillings against/the Purchasers of Lots in the town ofMacon. f and threepence three farthings, agreeable to a resolve,. of a enacted by the 'Senate and House of Representatives piaintiffsi« the Legislature,. and issue to the said John Cook, th e 0f the State of Georgia fin General ^Assembly met, That ™on holder,.thereof, another certificate1 for the like amount in fr0rn and after the passage of this act>ahy person, holding, purchase™ lieu/thereof; any law to. the contrary notwithstanding : .'oi; who may hereafter obtain an execution against (he pur- Macon *» Proviso. Provided, the said John Clark shall file in the comptroller chaser of-any lot or lots in the town of Macon, shall be general's office the said original certificate, and in case he is authorized to pay to the State the instalments due on said lancedua satisfied that the said certificate is genuine. \ iot or lots and the grant fee thereon, and apply for and take ... ' ,DUNCAN SG. CAMPBELL,' ' out a grant or grants for the same, which shall then be sub- Speaker pro tern. of. the Honse of. Representatives. ject to the, satisfaction of said executions according' to the . ALLEN B. POWELL, existing laws of this State; Provided,, there is no other Proviw, ; President of the Senate, property of said defendant to be found to satisfy said execution. Assented ]to, December 23d, 1825.. § 2. And be it further enacted,, That the creditor pay- G. M. TROUP, Governor. jng Up s^id instalment and grant fees, upon his taking the ■ • , ' , T ' treasurer's receipt therefor, shall be entitled to the first /|>o.984.] AN ACT for the relief of John Long, of Warren moneyraised out ofthe sale of said lot or lots to remune- ' v , County. . • > - irate him or her or them therefor, John Long. Be it enacted by the Senate and House of Representa- DUNCAN G. CAMPBELL, . ' twodraws tives of the State of Georgia, in General Assembly met, /,• Speaker pro tem. of the Hou&e of Representatives. and it is hereby enacted by the authority of the same, That ' ALLENB. POWELL, . 0 ery" from and after- the passage of _this/act, the Governor < . President of the Senate, for the time being be requested to cause to be placed in the Assented to, December 2fth, 1825. ~ . wheel the name of John Long, of Warren: county; for two , G. M. TROUP, Governor." ' draws in the next contemplated land lottery. ' s ( ——- dause'inS § 2. And be it further enacted by the authority aforesaid, AN ACT extending the time for the Tax Collector of b*0. That all laws and parts of laws militating against the pro- Elbert County to collect and pay over the Tax of said visions of this act be, and they are-hereby repealed. , County for the year eighteen hundred and twenty-four. '■ Q b /DUNCAN G. CAMPBELL, Whereas, the present' tax collector of Elbert county has Preamble. Speaker pro tem. of the House of Represented.. been g^ely appointed and commissioned to collect the ■ ALLEN B.POWELL, tax for the ye,ar eighteen hundred and twenty-four, in con- a .a. Y ' President ofthe Senate. seqUenCe of the death, of the late, tax collector of said , m er 4th, 182u. _ ' county, as to render it impracticable for him to collect and ' AROUP, Governor. pay over said tax at the time required by law; r -i a at 7. i -: , , . , , , ' Be it therefore enacted by the Senate and House of Repre-Timtf- ^N0* . a era a^end an Act, entitled An Act to sentatives ofthe State of Georgia, in General Assembly met, [^"coiiec* gran temporary relief to Purchasers of fractional and it is hereby enacted by the authority of the same, parts of Surveys, Lots, or Islands sold at the sales of the present tax collector, lately appointed and commissioned ty to pay this State, and also the Purchasers of Lots in the town to collect the tax in Elbert county for the year eighteen hun- ^rlh' of Macon. Hred and iwen.ty-four, shall be allowed until the first of next Purchasers Be it enacted by the Senate and House of Representa- May to collect and pay over said lax ; any law to the con- and?ou°in ^ves °f the State of Georgia, in General Assembly met, That trary notwithstanding. THOMAS W. MURRAY^ to -purchasers of fractional parts of surveys, lots, or islands . Speaker of the House of Representatives. oneVaf at any of the late sales, lying and being in the counties of , ALLEN B. POWELL, swndluons. ^enry' Fayette, Newton, Monroe, Houston, De Kalb, President of the Senate. Dooly, Upson, Pike, Bibb, Decatur, Crawford, Irwin, Early, Assented to, December 3d, 1825. Appling, or Telfair, and also the purchasers of lots in the G. M. TROUP. Governor. RELIEF LAWS.—1S26. 329 [no.988.] AN ACT to relieve tjie Citizens of the Town of New- nan, in Pike County. Preamble. Whereas, by an act of the Legislature in the year eighteen hundred and twenty-two, the county of Pike was laid out, and the county site fixed upon at the town of Newnan ; and whereas, many of the citizens of the State of Georgia upon the sale of said town lots became purchasers, and did improve to a considerable extent said town lots, upon the faith of an act of the Legislature passed in the year eighteen hundred and twenty-three, making the site of the public buildings in the county of Pike permanent at the town of Newnan ; for remedy whereof, Commis- Be it enacted by the Senate and House of Representatives sioners ap- 0f the State of Georgia, in General Assembly met, and it is distribute hereby enacted by the authority of the same, That Foster sums of Freeman, John Marshall, Hugh G. Johnson, Allen W. money to Prior, Josephus Love, James R. Gray, and John Heed be, sonsaforP6r" and they are hereby commissioned to distribute the follow- taineVby" *n£ sums °f nioney, which the following citizens have ac- removal of tually lost by the removal of the public site aforesaid ; Francis houseTn'" Dannelly and Co. the sum of two thousand dollars, Nicholas Pike Coun- Johnson the sum of twelve hundred dollars, Allen McCline y' six hundred and eighty-six dollars, James 11. Gray three hundred and fifty dollars, James P. Portus.three hundred and eighty-five dollars, Waitus Vial two hundred and twenty- five dollars, to Samuel Mitchell one hundred and fifty dol- lars, Geo. Prunell one hundred and twenty-five dollars, Lewis Daniel one hundred and fifty dollars, William Waller thirty-five dollars, Lawson Slaughter twenty dollars, John Taylor one hundred and twenty dollars, Shadrack Perry seventy-five dollars, William Varue one hundred and thirty- five dollars, John Freeman sixty dollars, Jacob W. Andrews thirty-nine dollars, David Thornton thirty-eight dollars, Sankey T. Johnson twenty dollars, Josephus Love one hun- dred and seventy-six dollars, James Whatley twenty dollars, and to William Mitchell fifteen dollars, and all other suf- ferers. The infe- § 2. And be it further enacted, That the justices of the to°sdi°a lot Inferior Court of Pike county, or a majority of them, be, anda"1'] an<^ are hereby authorized to sell or otherwise dispose the pro? y of [the lot] (two hundred and two) in the eighth district, ori- ceedsthere- g]na]]y Monroe, now Pike county, and to apply the amount for which said land may sell as directed in the section of this act. commis- § 3. And be it further enacted, That it shall and may be mayTsta- lawful for the aforesaid commissioners to establish a lottery biish a lot- in one year after the passage of this act, to raise the sum of teiy' seven thousand dollars, under such scheme arid regulations as they, or a majority of them, may deem necessary and proper for the purpose of a further relief of said named citizens, inferior § 4. And be it further enacted, That the justices of the In- tumrthere" I®"01" Court of Pike county be authorized, and they are notes to hereby required to deliver forthwith all notes and bonds totsat™ which have been given by the aforesaid citizens for town Newnan. lots at the aforesaid public site, Newnan. Repealing § 5. And be it further enacted, That all laws militating clause. against this act be, and thev are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1025. G. M. TROUP, Governor. [no.989.] AN ACT to vest the State Interest in the Property of Joel Music, late of Burke County, deceased, in the Sisters of said deceased. Preamble, t Whereas, Joel Music, of the county of Burke, did, by his last will and testament give unto Archibald Music Floyd three hundred fourteen and half acres of land, under a pro- viso, thai, if the said Archibald should depart this life be- Tt fore he attained the age of twenty-one years, that then John Music, the son of his sister Delilah Lot, should heir the same; and whereas, the said Archibald did depart this life before he was twenty-one years of age, and the said John died be- fore the said (Archibald), and they both being illegitimate children, the property above mentioned became the property of the State by the escheat law of the same ; and whereas, the said John Music has several sisters now alive and in indigent circumstances ; Be it enacted by the Senate and House of Representatives Title and [of the State of Georgia'], in General Assembly met, and it is Saiid* hereby enacted by the authority of the same, That from and vested in immediately after the passing of this act all right and title of Joel"* to the said land, and the rents arising therefrom, shall re- Music" vert to and be vested in the sisters of the aforementioned John Music, and their heirs and assigns for ever. § 2. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1826. G. M. TROUP, Governor. AN ACT to alter and change tjie names of James |>o.990.] James to that of Henry James, Addison Kendrick, of Columbia County, to that of Addison Hassel, and Bradford Carter to that of Bradford Johnson, Robert Touchstone, of Ware County, to that of Robert Hen- derson, and Elizabeth Alary Ann Pass, of Ware County, to that of Elizabeth'Alary Ann AIcBaniel. Be it enacted by the Senate and House of Representa- Names tires of the State of Georgia, in General Assembly met, and altered- it is hereby enacted by the authority of the same, That from and after the passage of this act, the said James James shall be called and known by the name of Henry James, Addison Kendrick, of Columbia county, shall be called and known by the name of Addison Hassell, and Bradford Carter shall be called by the riame of Bradford Johnson, Robert Touch- stone, of Ware county, shall be called by the name of Robert Henderson, and Elizabeth Mary Ann Pass shall be called by the name of Elizabeth Mary Ann McDaniel; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. AN ACT for the relief of Lewis Lynch, of Putnam [xo.991,] County. Whereas, it appears to this General Assembly that Lewis Preamii e Lynch, of "Putnam county, drew in the land lottery of eigh- teen hundred and twenty-one, the tract of land number one hundred and sixty-six, in the second district of Habersham county, which said tract of laqd has since been sold as a fractional survey, by authority and for the benefit of the State ; and whereas, the said Lynch has thus been deprived of the benefits which resulted to him from his draws in the lottery aforesaid ; Be it therefore enacted by the Senate and House of Re- Lewis prcscntatives of the State of Georgia, in General Assembly met, and it is hdrcby enacted by the authority of the same, That the said Lewis Lynch, of Putnam county, be, and he draws^™0 is hereby entitled to two draws in the contemplated land |ottofy.a lottery for Jhe distribution of the territory lately acquired from the Creek nation of Indians, and that the Governor cause to be entered, for two draws, on the list of persons entitled to draws, the name of Lewis Lynch aforesaid, 330 RELIEF LAWS.—1826. residing in the district commanded by Capt. Clarke, in Maj. Allum's battalion, at the time the list of persons entitled to draws was made out. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, ^ President of the Senate. Assented to, December 23d, 1826.- ' ' G. M. TROUP, Governor. [no.994.j- Name* «f certain per. •one alter, ed, and they legit], mated. [no.992.] AN ACT for the relief of Mark Donald Clarke, of Bibb County. • Preamble. Whereas, the said Mark Donald Clarke did, at thd sales , of the fractions in the town of Milledgeville, under an act passed in' the year eighteen hundred and twenty-two, be-, come purchaser of fraction number two hundred and ten in the fifth district of Houston county, at and for the sum of six hundred dollars, and ' of fraction number two hundred and eleven in the same district and county, at and for the sum of twenty-five hundred dollars ; and whereas, the said Clarke has paid fourteen hundred and twenty-four dollars and thirty- four cents on account of said purchases, and it appears that ,the title of said two fractions is now in the State, and that said fractions have been greatly improved and enhanced in value; Grants for Be it therefore enacted by the Senate and House ofRepre- fractions to sentatires of the State of Georgia, in General Assembly met, issue to and it is hereby enacted .by the authority of the same, That if the said Mark D. Clarke shall, on or bpfore the first day of November, eighteen hundred and twenty-seven, pay into the treasury of this State the full amount of principal and interest due,the State for said fractions, a grant or grants shall issue to him the said Mark D. Clarke for said fractions, in the same manner as if the said Mark Donald Clarke had paid into the treasury the instalments due for said fractions as required by law ; any law to the contrary notwithstanding.' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, -i President of the Senate. Assented to, December 23d, 1826. t G. M, TROUP, Governor. Name of Sarah Jane Wells al- tered to Sarah Jane Rakestraw, and she de- clared legj- Mark D. Clarke, [no.993.] Preamble. Grant for a lot drawn by Mary Smith to issue to Benjamin T. Rees and Talbot S. Rees. Repealing clause. AN ACT fot the relief of Benjamin T. Rees and Talbot , S. Rees, of Columbia County. • Whereas, satisfactory evidence having been adduced, that one Mary Smith, widow of Michael Smith, deceased, drew lot number one hundred and fifty-two, in the fifth district of Early county, under the land lottery of eighteen hundred and. nineteen, and the said Mary Smith having departed this life intestate, and without leaving any legal heir or heirs, whereby the said tract of land has escheated, to the State, but that the said Mary Smith often in her lifetime, and some short time previous to her deatlr, expressed it as her will and desire that the said tract of land should be equally divided between the said Benjamin T. Rees and Talbot S. 'Rees, of Columbia county ; Be it therefore enacted by the Senate and House of Re- presentatires of the State of Georgia, in General Assembly met,'and it is hereby enacted by the authority of the same, That all the right, title, and interest of this State in and to said tract of land be, and the same are hereby vested in the said Benjamin T. Rees and Talbot ,S. Rees, and that a grant for said tract of land shall issue to the said Benjamin T. Rees and Talbot S. Rees, on their paying into the pro- per office the usual and customary fees. § 2. And be it further enacted, That all laws and parts of laws militating against this be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. G. M. TROUP, Governor. AN ACT to change the names of. certain persons therein mentioned, and legitimate the same. Be it enacted by the Senate and House of Representa- tires 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 passhge of this act, Lucinda Rouch and Wil- liam Madder shall be known in law,by the names of Lu- cinda Spier and William Cooper, any law to the contra'ry notwithstanding ; and they are hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges- that they would have been entitled to if born in lawful wedlock, and be capable of inheriting all manner of property, by virtue of the statutes of distributions, so far as relates to the real and personal estates' of James Spier and Henry Cooper, their reputed fathers. § 2. And be it further enacted, That the name of Sarah jane Wells be changed to the name of Sarah, Jane Rake- straw, and that she be declared legitimate, and capable of inheriting, and like privileges in law, as if she had been born in lawful wedlock. IRBY HUDSON, Speaker of the House of Representatives. . * THOMAS STOCKS, "President of th£ Senate. Assented to, November 22d, 1826. G. M. TROUP, Governor. ^AN ACT to change the name of John Bellah to that [n°-995.j of John McDaniel., Be it enacted by the Senate and House of Representa- Name tires of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John Bellah, of Rabun county, shall be known and called in law by the name of John McDaniel; any law, usage, or custom to the contrary notwithstanding. IRBY HUDSON, ' Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. G. M. TROUP, Governor. AN ACT for the relief of the "heirs of William Bacon, deceased. Whereas, it appears by the certificate of M. F. Boisclair, Esq., receiver of tax returns for the county of Richmond, and a certificate from the comptroller general, that taxes have been paid three years on a house and lot in the city of Augusta, by the representatives of William Bacon, deceased, after said lot had been sold, and also that taxes have been paid by R. R. Reid, the late purchaser and present owner, on the same property, for the same time, whereby the State has receivCddouble taxes ; now, for the relief of said heirs, , Be it enacted by the Senate and House of Representatires of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the sarpe, That the Go- vernor be, and he is hereby authorized to issue his warrant on the treasury in favour of Henry Hull, administrator of said William Bacon, deceased, for the sum of fifty-one dollars fift^six and a quarter cents, being the sum which has been overpaid. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, m President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. [no.996.] The Go- vernor to pay Henty Hull, adm- of WilBam Bacon, a sum of mo- ney.., . AN ACT for the relief of James Cartledge, Tax Col- [no-^-I lector of Columbia County, and administrator of Ayres Cartledge, late Tax Collector of said County. Whereas, it has been made aoDear to the Ln.cii.i' " * ' Preamble- RELIEF LAWS.—1826. 331 said James Cattledge, that Ayres Cartledge, late tax collec- tor of said county, departed this life some time in August last, after he had collected most of the taxes due to the State for the year eighteen hundred ^nd twenty-five ; and that in the last illness of said Ayres Cartledge, the same or the greater part thereof was stolen from the said Ayres, and the said James Cartledge having offered by his petition to this Legislature to give bond and security to the State for the payment of the same within twelve months, and to pay interest thereon at the rate of eight per cent.; James Be! it enacted by the Senate and House of Representatives aUovmftiii of die State of Georgia, in General Assembly met, and it 1st Decern- is hereby enacted by the authority of the same, That the pay certain comptroller general be, and he is hereby required to grant su!te.t0 ^ indulgence to the said James Cartledge until the first day of December, eighteen hundred and twenty-seven, for the payment of the said taxes into the treasury of the State; Proviso. Provided, that the said James Cartledge shall, on or before the twenty-fifth day of December next, file his bond in the comptroller general's office, payable to his excellency the Governor and his successors in office, with good and suffi- cient security, conditioned for the payment of said taxes into the treasury of the State on the said first day of December, eighteen hundred and twenty-seven, with interest thereon, at the rate of eight per cent., from the time that the same should have been, by the now existing law, paid into the treasury of this State. orhcomtof § And be it further enacted, That for the purpose of Columbia enabling the said James Cartledge to comply with the re- toorizedau" quishions of this act, that the justices of the Inferior Court to witness of said county, or any three of them, are hereby entitled bondfke and authorized to witness the execution of said bond, and to judge of the security to be given, in conformity with the provisions of this act, by the said James Cartledge, and to transmit the same to the office of the comptroller ge- neral. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. Ino.998.] AN ACT to pardon Levi White, of Walton County. Preamble. Whereas, at a Superior Court held in and for the county of Walton at February term, one thousand eight hundred and twenty-six, Levi White of said county was convicted of the crime of murder, but was highly recommended to mercy by the jury, and subsequently reprieved by the Governor until the first day of December next; Levi White Be it therefore enacted by the Senate and House of Repre- pardoned., < senfafives ffe 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 said Levi White be, and he is hereby declared to be freely, fully, and entirely pardoned, exonerated, and discharged from the pains and penalties of his said conviction and sentence, as fully, freely, and entirely as if such conviction and sentence had never taken place or the offence been committed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 24th, 1826. G. M. TROUP, Governor. [no.999.] AN ACT to pardon Hugh Gallagher. Preamble. Whereas, Hugh Gallagher was lately convicted of the crime of murder in the Superior Court of Bibb county, and was respited by his excellency the Governor, for the pur- pose of his petitioning the Legislature for a pardon ; Pardon. Be it therefore enacted by the Senate and House of Repre- T t 2 sentatives oftheStqte of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the said Hugh Gallagher be, and he is hereby released and dis- charged from all the pains and penalties of his said convic- tion for the aforesaid crime of murder ; and he is hereby fully and freely pardoned for said crime of murder, as if the same had never been committed by him. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 24th, 1826. G. M. TROUP, Governor. AN ACT to legitimate and change the name of Alex- [No. 1000.] ander Meedes to that of Alexander Harrington. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is he declared hereby enacted by the authority of the same, That the name of^|'tlgd Alexander Meedes be, and the same is hereby changed to that of Alexander Hdrrington, and he is hereby declared to be fully and completely legitimated, and entitled to all the rights and privileges that he would have been had he been born in law- ful wedlock, and fully capable of taking, inheriting, and receiving all manner of property, by virtue of the statute of distributions of this State, so far as relates to the estate real and personal of Richard Harrington, sen., the reputed father of the said Alexander Harrington, to all intents and pur- poses : any law to the contrary notwithstanding ; Provided, Proviso, that this act shall not enable the said Alexander Harrington to inherit to the exclusion of any child or children of the said Richard Harrington, sen., born or who may hereafter be born in lawful wedlock. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. AN ACT to legitimatize and change the names ofcer- [No-1001.3 tain persons therein named. Be it enacted by the Senate and House of Representatives of of the State of Georgia, in General Assembly met, and it is sons^aker- hereby enacted by the authority of the same, That the de- name of George A. Wilson be changed to that of George A. ciared tot>^ Millican, and that he is hereby declared to be fully and mated, completely legitimatized, and entitled to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully capable of receiving-and inheriting all manner of property, by virtue of the statute of distribution of this State, so far as relates to the real and personal estate of Samuel Millican, his reputed father; and that the names of Martha Yon, Jessee Yon, and Jason Yon be changed to that of Martha Gardner, Jesse Gardner, and Jason Gardner, and they are hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges that they would have been had they been born in lawful wedlock, and fully capable of taking and inheriting and receiving all manner of property, by virtue of the statute of distribution of this State, so far as relates to the estate,«both real and personal, of Lewis Gardner, their reputed father : Provided, that nothing in this act contained Proviso- shall be so construed as to enable any of the above-named persons to inherit to the exclusion of any child born in law- ful wedlock to their reputed father ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the^ Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. 332' RELIEF LAWS.-1826. [No. 1002.] AN ACT for the relief of Levy Reynolds. Preamble. Whereas, Levy Reynolds, at September term of the supe- rior Court of Morgan county, was fined by said court in the sum of seventy-five dollars, upon a charge of gaming ; and whereas, it is made further appear, that the said Reynolds is * a poor man with a large family, xand that the infraction of the law was only the amusement of an idle moment, and not for the purpose of lucre or an evil example to community ; Fine on Le- Be it enacted by the Senate and House of Representatives noidsTo be °f $tate of Georgia, in General Assembly met, and it is remitted, hereby enacted by the authority of the same, That the Inferior Court of Morgan county be, and they are hereby authorized to remit said fine so imposed upon the said Levy Reynolds, upon his paying all costs which may have accrued in said prosecution ; any law and order of court to the contrary not- withstanding., * ' IRBY HUDSON, ' Speaker of the House of Representatives. THOMAS STOCKS, ; 4 President of the Senate:' Assented to, December 23d, 1826* G. M, TROUP, Governor. [No. ioo3.] AN ACT for the relief of Sally Woodson, Matthew, and Polly Ann Higginbotham, children of Benjamin Hig- ginbotham and Elizabeth Higginbotham. Title of a Be it enacted by the Senate and House of Representatives in Monroe ' of the State of Georgia, in General Assemby met, That the vested^in and title to lot number one hundred and twenty-two, in certain the second I district^ of Monroe county, be, and the same i3 Benjamin^ hereby vested in the said Sally Woodson, Matthew, and beth HiZa Lolly Ann Higginbotham, children of Benjamin and Eliza- ginbotham. beth Higginbotham, in the same manner as if they had been orphans at the time pf drawing the same ; any law to the contrary notwithstanding. ^ IRBY HUDSON, Speaker of the House of Representatives. , THOMAS STOCKS, ' " President of the Senate. Assented to, December 26th, 1826. « . " G. M. TROUP, Governor. and immediately after the passing of this act, the distributive gjjgof share of the estate, both real and personal, of Bartley McUrary McCrary, deceased, late 6f the county of Baldwin, to which J^eydi« John Poindexter, in right of his wife Jinny Poindexter, would Poindexter. be entitled should he be living, be, and the same is hereby . declared to be vested in the said Jinny Poindexter and her legal representatives, as fully as though she had never intermarried with the said John Poindexter; and the The admi. administrators on the said, estate of the said Bartley "uKS McCrary, deceased, be, and they «qre hereby fully author-to pay her ized and empowered to pay over to the said Jinny Poin- FeFCelpt dexter, or her legal representatives, the distributive share oft0 bee*xL the said estate, to which she r as a. daughter of the said Bartley McCrary, deceased, may be entitled ; and that her receipt to them for the same shall be as good, binding, and valid in law, as if the same was given and executed by the said-John Poindexter; any law, usage, or custom to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Assented to, December 26th, 1826. • G. M. TROUP, Governor. ^No. ioo4.] AN ACT to authprize John W. Rabun, George Wash- ington Gordon, and Marcelliis Jones, of Clark County, David B. McCombs, of Tallahassee, to plead and prac- • tise, law in the several Courts of law and equity, in this State. ' certain Be it enacted by the Senate and House of Representa-; K>dtod" tives °f the State of Georgia, in General Assembly met, and FawuTtMs ^ herehy enacted by the authority of the same, That after silte1." Sthe passing of this act the said John W. Rabun,, George Washington Gordon, Marcellus Jones, of Clark county, and David B. McCombs, of Tallahassee, shall be admitted to plead and practise law in the several courts of law and equity in this State, on their undergoing an examination in the mode now pointed out, and being found qualified; any law, custom, or usage to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. v ' THOMAS STOQKS, President of the Senate., Assented to, December 26th, 1826. G. M. TROUP, Governor. No. loos.] AN "ACT to vest in Jinny Poindexter, and her legal representatives, a distributive share, of the estate of her deceased father, Bartley McCrary. A^istribu- , Be it enacted by the Senate and House of Representa- ofthe"real tvves of the State of Georgia, in General Assembly met, and ^ *3 hereby enacted by the authority of the same, That from AN ACT for the relief of Joseph Durrence, of Tatnall [No-I00®-] County. Whereas, the said Joseph Durrence hath made it'appear Preamble, to this Legislature/that he was the collector of the taxes for the county of Tatnall, in the year eighteen hundred and twenty-two, that by mistake he has been compelled to pay to the State the' said taxes of said county, without having had a fair and full insolvent list allowed him according to law; - c . T • Be it therefore enacted by the Senate and House of Repre- insoivem sentatives of the State of Georgia, in General Assembly met, sephDur- and it is hereby enacted by the authority of the same, That jjX£toiof it shall be lawful for the said Joseph Durrence to lay a list Tatnaii of his insolvents before the neixt or a succeeding grand jury for the county of Tatnall, and if the said grand jury should allow any other and further sum on account of said insolvent list, then the said Joseph by presenting the same to his excellency-the Governor shall receive, and his excel- lency is hereby authorized to grant him a warrant for the same upon the treasury, for whatever sum m&ybeso allowed by the said grand jury on account of insolvents as aforesaid; any law to the contrary notwithstanding. 4 IRBY HUDSON, y Speaker of the House of Representatives. , TROMAS STOCKS, President of the Senate. Assented to, December 22d, 1826. G. M. TROUP, Governor. AN ACT to legitimatize and change the name of Maria 10071 ~ Elizabeth Breton to Maria Elizabeth Humphrey. Be it enacted by the Senate and House of Representatives Nameab 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 passing of this act, the name of Maria Elizabeth heirs of Breton shall be altered and changed to that of Maria Eliza- Humphrey, beth Humphrey, and that the said Maria Elizabeth shall be deemed and constituted one of the legal heirs and distri- butees of the estate, both real and personal, of Hardy P. Humphrey, as fully as though she had been born in lawful wedlock. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . . , President of the Senate. Assented to, December 26th, 1826. G., M. TROUP, Governor. RELIEF LAWS.—1826. 333 rNo. 1008.] AN ACT/or the relief of Ethen Melton. Preamble. Whereas, Ethen Melton has by a petition presented to this Legislature represented himself as being under impri- sonment in the jail of Walton county, under an order of the Superior Court of said county, which imprisonment must be perpetual without the interference of legislative enactment; and whereas, it is believed that our form of government never contemplated a summary process by which an indi- vidual should be consigned to perpetual imprisonment for inability to discharge his debts ; The same Be it enacted by the Senate and House of Representatives extendedto °f die State of Georgia, in General Assembly met, and it is wruhafare ^iere^J enacted by the authority of the same, That the said allowed Inferior Court of Walton county shall be authorized and are debtors, hereby required to extend to the said Ethen Melton the same privileges that are allowed honest debtors, upon his complying with the usual requisites of the insolvent debtor's act; any order or rule of court to the contrary notwith- standing. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. [No. ioo9.] AN ACT for the relief of John Stewart, Floyd Stew- art, and John T. Penn, of Oglethorpe County. Preamble. Whereas, John Stewart, Floyd Stewart, and John T. Penn became the purchasers of certain University lands on the Fishing Creek tract, in Oglethorpe vounty, to wit, John Stewart of fraction number one, Floyd Stewart of lot number twenty-nine, and John T. Penn of lot number thirty; and at the time said lands were purchased it was understood that the titles to the same were disputed, and an agreement was entered into by the purchasers and the trus- tees of th$ University, that if said lands were recovered from said purchasers by better titles than that of the trustees, said purchasers should be entitled to a deduction according to the quantity of land lost, and the purchase-money per acre given for the same ; and whereas, it appears that there is a belter title in the said John Stewart than that of the trustees, to parts of lots number twenty-nine and thirty, and that there will be a loss of forty-five acres from said lots, to wit, twenty-nine acres from lot number twenty-nine, pur- chased by Floyd Stewart, and sixteen acres/rom lot num- ber thirty, purchased by John T. Penn, now', for quieting the titles to the said lots in the sard Floyd Stewart and John T. Penn, and for compensating the said John Stewart, for his said land so interfering with the said lots, Certain Re it enacted by the Senate and House of Representatives ^University °f^ie State of Georgia, in General Assembly met, and it is lands given hereby enacted by the authority of the same, That the steward sa^ J°hn Stewart be allowed six dollars per acre for the andJohn twenty-nine acres lost from lot number twenty-nine, which lowed1 cer-" was the amount given for the same by Floyd Stewart, and tain credits. five dollars per acre for the sixteen acres lost from lot num- ber thirty, which was the amount given for the same by John T. Penn, to bear interest from the time the bonds given by the purchasers of said lands commenced running interest, so that the interest in said bonds on the respective sums above allowed, shall not be charged against the purchasers. Said cre- § 2. And be it further enacted, That the above sums so first e°nbe a^owe^ sa^ John Stewart shall be first be credited on a teredtosa- judgment lately obtained in Oglethorpe Superior Court, on mefntaifds" the twentieth of April, eighteen hundred and twenty-six, Oglethorpe against the said John Stewart and Floyd Stewart, for three Court10' hundred and twenty-five dollars, to wit, two hundred dol- Johnstew- ^ars P"ncipab one hundred and nine dollars interest, and an and sixteen dollars damages for a frivolous appeal; and as the fivewart. above-mentioned sums allowed the said John Stewart ought to be prpj;tpd on ttlp "P"n ™hiph said judgment was obtained at the time it became due, the interest and da- mages given for a frivolous appeal ought to be and is hereby remitted from said judgment. § 3. And be it further enacted, That if there should be Balance in a balance in favour of the said John Stewart after applying 5Xustew- the sums aforesaid allowed him by this act to the judgment art to be aforesaid, said balance shall be applied as a credit to the thebondof bond given by Floyd Stewart to the trustees of the Univer- gl°^darU sity for lot number twenty-nine, or to any judgment which CWa may have been obtained against the said Floyd on said bond, if the same has been put in suit, and said balance shall be credited at the time said bond became due, so as to stop the interest on so much of said bond as amounts to said balance. § 4. And be it further enacted, That all or any of the officers officers who may have the collection of said debts for the ^°coi-Ve State or University shall be required to comply with the ipction provisions of this act, so that the full intent and meaning of to rompiy8 the same shall be carried into effect. ™ith this IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. AN ACT to legalize the solemnization of the Marriage [No. 1010.; Contract entered into between Buckner Bass and Ann Dozier, and to legitimatize their daughter Jane Eli- zabeth. "Whereas, it appears to this Legislature that Buckner Preamble. Bass and Ann Dozier were joined together in the holy bands of matrimony by a person not authorized by law to solemnize the same ; Be it enacted by the Senate and House of Representatives Mamageof of the State of Georgia, in General Assembly met, and it is fegauzed!68 hereby enacted by the authority of the same, That the afore- said marriage of Buckner Bass and Ann Dozier is hereby declared to be legalized, as fully and effectually as if the same had been solemnized by one legally authorized to per- form the same. § 2. And be it further enacted, That Jane Elizabeth, the Jane Eg*, daughter of the persons named in the first section of this daug'hterof act, be, and she is hereby declared to be legitimatized, as fully sS,Piegiti- and effectually to all intents and purposes as if she had been mated, born in lawful wedlock; any law to the contrary notwith- standing. IRBY HUDSON, Speaker of the* House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. AN ACT to extend temporary relief to purchasers of [No. 1011 ] the Slate's interest in Lots of Land in the Counties of Bibb, Houston, Crawford, Monroe, Pike, Fayette, De Kalb, Newton, and Butts. « Whereas, the act of the Legislature of the State of Preamble Georgia, passed on the twenty-fourth December, eighteen hundred and twenty-five, authorizing the sale of the State's interest in fraudulent drawn lots of land in the counties of Bibb, Houston, Crawford, Monroe, Upson, Pike, Henry, Fayette, De Kalb, and Newton ; and whereas, the aforesaid act required purchasers to pay one-fourth at the time of purchasing, and the balance in three annual instalments thereafter; and whereas, a number of the aforesaid lots was sold in the months July, August, and September, which occasions the annual instalments to fall due in said months ; Be it therefore enacted by the Senate and House of Repre- • sentatives of the State of Georgia, in General Assembly met, 334 RELIEF LAWS.—1826. of staxe,rs and it is hereby enacted by the authority of the same, That interest68 from and after the passage of this act, all purchasers of the lenSTn- State's interest in fraudulent lots of land in the counties duiged till" aforesaid, and also in the county of Butts, have temporary Marchj relief extended for the first annual instalment until the first 1828. jay of March,'eighteen hundred and twenty-eight, and till the first day of March thereafter, until the whole instalments are paid, on paying interest from the time the said instal- ments fell due until the said day of March ; any thing to the contrary notwithstanding. IRBY HJJDSON, Speaker of the House of Representatives. . « THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. [No. 1012.) AN ACT to legitimatize and change the name of James A. Jarrett to that of James A. Sweat. Name ai- Be it enacted by the Senate and House of Representa- said'person °f ^tate, °f Georgia, in General Assembly met, and legiti- it is hereby enacted by the authority of the same, That the Bmte ' name of James A. Jarrel be, and the same is hereby changed to that of James A. Sweat, and as such he shali be known and called in law, and the said James is hereby de- clared to be fully and completely legitimatized, and entitled to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully capable of taking and inheriting and receiving all manner of property, by virtue of the statute of distribution of this State, so far , as relates to the real,and personal estate of James Sweat, Proviso, his reputed father ; Provided, the same shall only be con- strued to place the said James on equal grounds, and not to the exclusion of any other of the legitimate heirs of the said James Sweat. Repealing § 2, And be it. further enacted, That all laws or parts of clause. > jawg mijitating against this act be, and the same are hereby , repealed. ; ' IRBY HUDSON, Speaker of the House of Representatives. c .1 THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1826. N G. M. TROUP, Governor. (No. 1013.) AN ACT to authorize the Justices of the Inferior Court of Gwinnett County to remit a forfeiture incurred by Samuel Ellison. Preamble. Whereas, Samuel Ellison heretofore become bound by recognisance for the appearance of Moses Ellison' and Francis Ellison at the Superior Court of the County of Gwinnett; and the said Moses and Francis having failed to appear at and abide the sentence of said Court, the said recognisance was forfeited, and judgment entered up against the said Samuel for the sum of two hundred dollars and cost; for remedy whereof, Pine to be Be 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 jus- tices of the Inferior Court of Gwinnett county, or a majority of them, be, and they are hereby authorized and empowered to remit the whole or any part of said forfeiture and judg- ment so incurred by the said Samuel; Provided, the said Samue) shall in no case be exonerated from the payment of said forfeiture arid judgment until he shall first make it sa- tisfactorily appear to the said justices that he has paid all costs that have accrued in said case. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 1 st, 1826. G. M. TROUP, Governor. remitted. Proviso. AN ACT to change the name of Levi Satterwhite to [No. mij that of Leroy Driver, and to legitimatize the same. Be it enacted by the Senate and House of Representatives Name of the State of Georgia, in General Assembly met, and it is andheiegt- hereby enacted by the authority of the same, That from andtimated- immediately after the passing of this act the said Levi Sat- terwhite shall be known by the name of Leroy Driver, and that he is hereby declared to be fully and completely legiti- matized, arid entitled to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully capable of taking and inheriting and receiving all manner of property, by virtue of the statute of distri- bution of this State, so far as relates to the real and per- sonal estate of Goodridge Driver, the reputed father of the said Levi Satterwhite, to all iritents and purposes ; any law to the contrary notwithstanding. > ' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, r President of the Senate. Assented to, December 26th, 1826. (J. ,M. TROUP, Governor. AN ACT to legitimate William Hose, formerly Wil- [No. ioi&j liam Flarity, and to make him the legal representa- tive of Thomas G. Rose, of Upson County. ! Be it enacted by the Senate and House of Representatives William of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the samef That William ™?jfej.he Rose (formerly William Flarity) be, and he is hereby de- ThomaaG. clared to be,fully and completely legitimated, and entitled Rose* to all the rights and legal privileges that he would have been had he been born in lawful wedlock, and be fully ca- pableof taking and inheriting and receiving all manner of property, by virtue of the statutes of distribution of this State, so far as relates to the real and personal .estate of Thomas G. Rose of Upsoft county, the reputed father of the said William Rose (formerly William Flarity), only, to all intents and purposes ; any law to the contrary notwith- standing. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. • Assented to, December 14th, 1826. ^ G. M. TROUP, Governor. AN ACT to alter and change the name of Solomon Jones lNo-1016,1 to that of Solomon Howell. Whereas, Solomon Jones, a revolutionary patriot, is de- Preamble ^irous of bearing the name of his reputed father; Be it enacted by the Senate and House of Representa- Name of a tives of the State of Georgia, in General Assembly met, and [f0vn°a"y it is hereby enacted by the authority of the same,. That from and after the passing o( this act, that Solomon Jones, now of Mcintosh county, formerly a resident of Liberty jcounty, shall be called and known by the name of Solomon Howell. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President tof the Senate. Assented to, November 20th, 1826. G. M. TROUP, Governor. AN ACT to authorize certain persons therein mentioned iNo-1017'* to plead and practise in the several Courts of law and equity in this State, under certain conditions. Be it enacted by the Senate and House of Representa- Cert8*an. tives of the State of Georgia, in General Assembly met, {honied» and it is hereby enacted by the authority of the same, That . from and after the passage of this act Jpspph P law. RELIEF LAWS.—1827. 335 of Twiggs county, Brockman W. Henderson, of Jasper county, William Harris, of Elbert county, William E. Jones, of Jackson county, Henry J. Harwell, of Jones county, James P. Gobert, of Jefferson county, J. Rittenhouse Walker, of Burke county, Robert Charlton, of Chatham county, Abraham Bissent,of Camden county, George J. S. Walker, of Richmond county, Henry C. Abenartha, of Twiggs county, Asa B. £ook, of Jones county, John B. Holbirk, of Camden county, Michael "J. Kenan, of Milledgeville, James A. Merriwether, £of Putnam county, and Robert Dougherty, of Clark county, be, and they are hereby au- thorized to plead and practise in the several courts of law Proviso, and equity in this State ; Provided, they give the certificate heretofore required of their good moral character, and un- dergo an approved examination before one of the Superior Courts in this State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 1st, 1826. G. M. TROUP, Governor. [No. ioi8.] AN ACT for the relief of Henry T. Hall and Sarah his wife. Preamble. Whereas, in and by the marriage settlement executed upon the marriage of Henry T. Hall and Sarah his wife, a certain estate, real and personal, is conveyed to trustees limited to the said Sarah for and during her natural life, and after her death to the children of the said Sarah by him the said Henry, and in case of her death without issue, then to the said Henry T. Hall; and whereas, the said Henry T. and Sarah his wife are desirous of exchanging or selling the said estate, and that the property so received in exchange or upon such sale be settled and limited in the same manner as the property to be exchanged or disposed of now is, and there is no provision in the said marriage settlement authorizing the trustees to make such exchange or disposition of the said estate ; Trustees in Be it enacted by the Senate and House of Representatives riagesettie- °f ^ie State °f Georgia, in General Assembly met, and it is ment of hereby enacted by the authority of the same, That it shall and HabPand may be lawful for the trustee or trustees for the time being, maW(Hs- *n mar"aSe settlement of the said Henry T. Hall and pose oftfie Sarah his wife, named, at any and all times hereafter, upon estate. the reqUest fo writing of the said Henry T. Hall and Sarah his wife, to exchange, sell, and dispose of all or any of the estate in said marriage settlement mentioned to any person Proviso, or persons whatever; Provided, that the property so to be received in exchange, or the proceeds upon such sales, shall be of equal value with the property so exchanged or disposed of, and that property so received in exchange, or the pro- ceeds upon such sale, shall be invested and settled in the same manner and subject to the same limitations and to all liabilities to which the property so exchanged or sold and disposed of now is, by the [said] marriage settlement, or in Proviso, any other manner whatsoever ; and provided also, that the same be done .under the direction of the judge of the Supe- rior Court of the Eastern Circuit. Title of § 2. And be it further enacted, That the property so ex- disposed of changed, sold, or disposed of, shall be held and taken by the by said purchaser or purchasers free and discharged from all and tegood in every the limitations in the said marriage settlement con- cbasere" tained' IRBY HUDSON, c aser9. Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. [No. ioi9.] AN ACT for the relief of Alexander Ware. Preamble. Whereas, Alexander Ware has petitioned this Legislature for indulgence on the instalments that are due from him to the State for the purchase of fractional surveys of land at the late land sales ; and whereas, the said Alexander Ware has made it satisfactorily appear that he has exhausted his funds by furnishing the friendly Indians with subsistence while exiled from their homes, and has not been reimbursed by the United States' government; Be it enacted by the Senate and House of Representatives Alexander of the State of Georgia, in General Assembly met, and it duigeVone is hereby enacted by the authority of the same, That the ^y^emof said Alexander Ware shall be indulged one year for the in- instalments stalments that are now due or which may become due within fractions^ ninety days from and after the passage of this act, on frac- Fayette tions number thirty, thirty-two, thirty-three, forty-four, and County, sixty-three in the sixth district Fayette county, and number one hundred and sixty in the seventh district Fayette county, by paying lawful interest on the same ; any law to the con- trary notwithstanding. IRBY HUDSON, Speaker of the House- of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1826. G. M. TROUP, Governor. AN ACT to repeal an Act entitled " An Act for inflict- tNo-1020-1 ing penalties on and confiscating the estates of such persons as are therein declared guilty of Treason, and for other purposes therein mentioned" so far as relates to the banishment of Lewis Johnson, Jan. Be it enacted by the Senate and House of Representa- ™ fixation tives of the State of Georgia, in General Assembly met, repealed, so That so much of the act entitled, " An Act for inflicting gardflew- penalties on and confiscating the estates of such persons as is Johnson, are therein declared guilty of treason, and for other purposes jun* therein mentioned," passed at Savannah on the fourth of May,- one thousand seven hundred and eighty-two, as re- spects the banishment of Lewis Johnson, jun. be, and the • , same is hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, ' President of the Senate. Assented to, December 17th, 1827. JOHN FORSYTH, Governor. AN ACT for the relief of the securities of the Unicoi [No. 1021.7 Turnpike Company. Be it enacted by1 the Senate and House of Represent- The suit atives of the State of Georgia, in General Assembly met, slcmkiesof and it is hereby enacted by the authority of the same, Thatthe Unicoi the suit commenced against the securities of the said com- company pany for three thousand dollars loaned them by the State of Georgia, be staid until the said securities have an opportu- nity to indemnify and secure themselves in the said amount from their principals, or until further ordered by the Legis- lature; Provided, said securities, upon the staying of said Proviso suit, shall give such other and further security as the solicitor general of the circuit in which the same may be pending shall think necessary and sufficient for securing said sum for the State. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. AN ACT to vest in Felix Lewis and Wife all the Es- [No. 1022.3 tate both real and personal of John W. H. Hob son, de- ceased. Whereas, the late John W. H. Hobson was, in his life- Preamble.. 336 RELIEF LAWS.—18-27. The estate of John W. H. Hobson vested in F^lix Lew- is and his wife. Proviso. time by the laws of this State an illegitimate offspring of his mother, and at his death left an estate both real and personal, and one only child, which child has since died in- testate and without issue ; and some doubts are entertained whether the interest or share of such child in the, intestates, of said John W. H. Hobson, who died intestate, yould not escheat in favour of the State ; Be 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 all the estate, both real and personal, of John W, H, Hobson, de- ceased, and of his only child who died intestate .and, with- out issue, should be vested in Felix Lewis, who has inter- married with Mary P. Hobson, widow and relict of John W. H. Hobson, the intestate, as far forth as any right or interest might escheat in favour of t|ie estate; Provided, that no- thing in this act shall be construed to affect the rights Of. i any individual whatsoever. " IllBY HUDSON, Speaker of the House of Representatives. , THOMAS STOCKS, . ,> .. President of the Senate, Assented to, December 24th, 1827. JOHN FORSYTH, Governor. [No. 1023.] AN ACT to give to Masons and Carpenters in Rich- mond and Chatham Counties an encumbrance for debts due on account of ifork done and materialsfur- riished in building or repairing Houses, on such Houses and the premises to which they may be attached• - Masons Be it enacted by the Senatei and House of Representatives to3CfnPeiV\°f the State of Georgia, in General.Assembly met, and it is Richmond hereby enacted by the authority of the same, That all debts ham coun- which may hereafter become due to any mason or carpenter ties to have in the counties of Richmond and Chatham, for work done an encum- . i t 1 • • brance for or materials furnished in building pr repairing any house, and re"8 constitute and be an encumbrance oil such house^and house!ifi PremHes to which it shall be attached, superior in dig- preference nity to and of higher claim than any other encumbrance dahnjT whatever, no matter of what nature or sort the same may be, or of what age soever ; which encumbrancd .shall, be binding on such house and premises in the hands of- any Proviso, purchaser or assignee thereof; Provided, at the time of pur- chase or assignment, the purchaser or assignee had notice, either directly or indirectly, of the existence of1 the encum- brance. § ,2. And in order that the encumbrance created by this . • act may not affect the value of any house and the premises^ Provision to which it may belong,, to be sold by legal process, Be where68 ^ further enacted, That whenever < any house and lot, or houses arid house and lands subject to such encumbrance, shall be go^ „r*der seized and sold by authority of any process or decree of cumbran e an^ c9ur* *n State, the same shall pass to the purchaser cum ranee. ^ee t^e encumbrance* which shall attach to the pro- ceeds of the sale in the hands of the officer making it, on a , - notice as in cases of claim to money raised under execution, which claim shall be returned to the court by the said officer. When § 3. And be it further enacted, That in the event of the arehdisput- claim so set up being disputed, the court to which the return to'b"tried6 *s ma(^e reta^n amount thereof in the hands of the e " ' clerk, and order an issue to be made up to try the'validity of the claim ; upon the trial of which issue, should it be de- termined against the claimant, he shall be adjudged to pay damages to the persons entitled to the money, not exceeding twenty per centum, as the jury may assess, with interest from the date of the notice to retain, and costs. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. 1 JOHN FORSYTH, Governor. AN ACT to reserve to the proprietors of buildings on [No. 1024.] the reserve at the Coweta Falls the right to remove the same within forty days after the Sale of the lets at said place. • ■ . ' 1 Be it enacted* by the Senate and House of Represen- £2™/ tatives of the State of Georgia, in General Assembly met, oniotsgoid and it is herbey enacted by the authority of the same, That Fails Zy14 all. persons owning improvements on the reserve at the Cow- e[a Falls, on the Chattahoochee river, shall be allowed the enL privilege of removing the same within forty days after the sale of lots at said place. § 2. And be it further enactedhy the authority aforesaid, *™p™v0e" That the same relief be extended to those who have im- fractions proved fractions and reserves in the counties of Lee, Mus- ™wl re" cogee, Troup, Coweta and Carroll. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of thle Senate. Assented to, December 24th, 1827. \ • •' i ' JOHN FORSYTH, Governor. AN ACT to authorize, upon certain conditions, certain ino. 1025.] 1 persons to plead and practise law in the Courts of law 1 and equity in this State, and to make a part of them liable inlaw for contracts, after a particular time. Be it enacted by the Senate and House of Representatives certain ' of the State of Georgia, in General Assembly met, and it is peSd hereby enacted by the authority of the same, That -after the ^ |™crtia passing of this act, Richard K. Kail, Edgar Macon, Daniel neysinthis Thomas, and Thomas fealtzell, of Florida, and George T.Stat& .Goldthwaite, of the State of Alabama, be, and they are hereby permitted and authorized to plead and practise as attorneys and solicitors in the several courts of ;law and equity in this State, and also to act as counsellors ; Pro-Proviso- vided, that they shall have first passed an approved exami- nation before one the Superior Courts of this State. ' § 2. And be it further enacted, That Marshall J. Wei- born, Wiley J. Cox, James A. Berthelot, Wensley Hobby, sons aU- William C. Micow, William L. Hopkins, Leonidas Frank- lin, Thomas J. Clarke, John I.-Hunt, Hugh Nesbit, George At- R; Clayton, jun., Augustin S.'Clayton, jun., and Ferdinand &c.upon Sims be, and-they are hereby authorized and admitted plead and practise law as attorneys, solicitors, and coun-and un- sellors ill the several courts of law and equity in this State, eSii upon producing to some 'Superior Court of this State the tions- usual testimonials of good character, and undergoing the usual examination as, to qualification in open court. §3. And be it further enacted, That the said Marshall ^p®" J. Welborn, Wiley J. Cox, James A. Berthelot, Wensley bound for Hobby; William C. Micow, William L. Hopkins, Leonidas {^aT Franklin, Thomas J. Clarke, John I. Hunt, Hugh Nesbit, jj|°^ere George R'. Clayton, jun., Augustin' S. Clayton, jun., and 0f miiagt. Ferdinand Sims shall each be bound by any contract which they may make or enter into after the date of their said ad- mission as fully, and entirely as though they were of full age ; any law to the contrary notwithstanding. J IRBY HUDSON, Speaker of the House of Representatives, THOMAS STOCKS, * • President of the Senate. Assented to, December 26th, 1827. JOHN FORSYTH, Governor. ' AN ACT for the relief of Lewis Lynch. [No. 1026.3 Whereas, at the last session of the Legislature, a law was Preamble passed allowing two draws to the said Lewis Linch in the late land lottery, and directed that the Governor cause his name to be entered for the same on the list of persons RELIEF LAWS—1827. 337 •Entitled to draws, and in carrying said act into effect without any agency whatever of the said Lewis Lynch ; the public officers made a mistake and put his name in the wheel for three draws, and that he has drawn three lots of land in the following order, to wit: No. 103, in the 8th district of Troup, No. 219, in the 2d district of Muscogee, and No. 118, in the 24th district of Muscogee ; for remedy whereof, Titles of* Be it enacted by the Senate and House of Representa- Lynch ^ves of the State of Georgia, in General Assembly met, and io*iots of it is hereby enacted by the authority of the same, That the ikawn by said Lewis Lynch shall be entitled to, and have his titles Jrmed°n confirmed to the two first-named lots, they being first drawn by him, upon his relinquishing all right, title, and interest whatever to the State of Georgia for the last-mentioned lot, to wit, No. 118, in the 24th district of Muscogee county ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. INo. 1027.] AN ACT to alter and change the names of Samuel Standifer and William Williams. Name of Be it enacted by the Senate and House of Representatives Standifer _ * THOMAS STOCKS,' cl»use. jawg miiitating against this act be, and the same are • , • . President of Senate, hereby repealed. 1 Assented to, December, 20th, lo27, A ' < • IRBY HUDSON, ' \ JOHN. FORSYTH, Governor. , , Speaker of the House of Representatives. • 4 ' • ' ' » • - THOMAS STOCKS, AN ACTfo legitimatize and change the names of cer- [No. 1035. # President of the Senate. r , tain Persons. Assented'to,'Deceniber 22d, 1827. Be it enacted by the Senate and House of Representatives Namea of JOHN FORSYTH, Governor. 0f the State of Georgia, in General Assembly met\ and by ' 1 * • - ■ ' the authority of the same it is hereby enacted. That from and [No. 1032.] AIST _ ACT to change 'to™** Wesky ' . McGhoughto. the name of John Wesley Searcy, and to Flo Willi'am Flowers, Martha Flowers, Jane Flowers, ' -entitle him to a distributive share of Benjamin, R. Rpbert blowers, and Sarah Flowers shall be known and Searcy's estate. ; called by the name ofMary Philips, Stephen Philips, Ra- Name ai- Be jt enacted by the Senate and House of Represenia- chel Philips, Ephraim Philips, Nancy Philips; William he maded dves of the State of Georgia, in General Assembly met, and Philips, Martha Philips, Jane Philips, Robert Philips,",and • th^heix^of it is hereby enacted, by the authority of the same, That the Sarah Philips; and that Drewry Taylor and Martha shall R?Searcy. name of John Wesley McGhough be, and tliesame is hereby he known and called by the' names of Drewry, Philip^ and • Changed to the narne of John Wesley Searcy, and he shall Martha Philips ; and that .the Several persons aforesaid Said per. be deemed, held, and considered to be legally entitled to.a shall be, and they are hereby declared to .be fully and com- mat'ed^d distributive share of the property and estate of Benjamin R. pletely legitirnatized, and entitled,to all the rights arid legal Searcy, his-stepfather; to,-all intents and purposes equally privileges that, they would have been entitled to had they Ephraim with the other children of the said Benjamin R. Searcy, iri been born in lawful'wedlock,, and shall be capable of inhe-tijihps' case the said .Benjamin R. Searcy shall die intestate^ any. riting all maririer'of property, by virtue of the statute of dis- ' law, usage, or custom to the contrary notwithstariding. tribution; so far ap relates to the estate* of EphfaimJPhilips ■ 1 » , IBLBY HUDSON, (their reputed ^father); iVorided, this act. shall riot be con-Proviso. ' ; . , \ Speaker of the House of Representktives. - strued to exclude, but to participate with any of the legal ' ' ., THOMAS STOCKS, , representatives of the said Ephrahn Philips. ' President of the Senate. §2. And be it further enacted, Thait Albird May shall Name of Assented to, December 18th, 1827. 5' \ be known by the" name of Albifd I)avidson, and that he isMayV JOHN FQRSYTH, Governor, hereby derilared .tp be fully and completely legitimated, iind^^* - - ' ■ - entitled to all the rights and legal privileges that he would vidson, and r_ aT'ww;. ™ J. ~.v ~ \ , /. Tt7" '>• ' have been had be been'born in lawful wedlock, and be fully ^agu" [No. 1033 ] AN ACT to authorize Obediah G. Gibson, of Warren capabie of taking, inheriting, and receiving all hianner of i t County, to plead ana practise law in the several Courts property, by virtue of the statute of. distributions of this of law and equity in,'this State, . State, so far as relates to the real orrpersonal estate of John Obediah c ^ enacted by the Senate and* House of Representatives Davidson, the. reputed father of the said Albird, May, to all Gibson aul of the State of Georgia, in General Assembly met, That after intents and purposes;, any thing to the contrary not with- practi^d the passing of this act the said Obediah C. Gibson shall, be standing. , , v, * ... , law. admitted to plead and practise law in the several courts of § 3. And, be it further enacted,t That the na,mes of Wil- Names^of law and equity in this State, on his undergoing an examina- liam Green Dixon, Anna Dixon, ahd Henry Dixon be, and Green tiori in the mode now pointed out, and being found qualified ; the same are.hjereby changed to that of William Green Reid, any law, custom, or usa^e to the contrary notwithstanding. > Anna >Reid, and Henry Reid, and As such shall be known DUon,and . - ■ I*RBY HUDSON, , and called in law; and the said . William Green, Anna, and aS , . , * c Speaker of the House of Representatives. Henry Reid.are hereby declared to be fully and completely ^eeref^ . ' ' -j , ; THOMAS STOCKS, s legitimatized, and entitled to all t]^ rights and legal privi-mated. . " " President of the Senate, leges that they would have been had they been born in law- Assented to, December 22d, 1827. ' ful wedlock, and be fully capable of taking, inheriting, and JOHN FORSYTH, Governor, receiving all manner of property, by virtue of the statute of — \ distribution of thjs State, so far as relates to the real and atvt inro i i ' i-l /•'« 7 m * + personal estate of Henry Reid, their reputed father; Pro- fr0"30, [N,. ».«.] ANACT to change the name of Sarah Tanner to that ^ the 3aine shall only be construed to place the said ofSarah Brown, and to establish her in (ill the rights WiUiam Greeri, Anna, and Henry Reid on equal, grounds, of one bom in lawful wedlock. , and riot to the exclusion of any other of the legitimate heirs Name , Be it enacted by the Senate and House of Representatives of the said Henry Reid; any thing to the contrary notwith- changed. 0f the State of Georgia, in General Assembly met, and it is standing. ■ . -'' hereby enacted by the authority of the That Sarah ,§ 4. And be it further enacted,* That from and after the Name of ^ Tanner, of the county of Washington, the adopted and ille- passage of this act Delia Ann, McGee shall bd known in Mc^e ai- .l-ti? —1.1 .1—— i~._ ... t> i ii n .i .i 'i .1 ' /» i« i *«• n. • i r ii - i- teredtoD®- Ita Ann M gitimate daughter of the late Garrotte Brown, shall, after the law by the name of Delia Ann M, Strickling, and she is passing- of this act, assume and be known by the name of hereby declared to be fully and completely legitimated, and smci* her late father, and be called Sarah Brown^ entitled to all the fights and privileges as if she had been ^fm8^dT Entitled^to § 2. And be U further enacted, That, the said Sarah born in lawful wedlock, and be capable of inheriting all rights as if Tanner shall have rind be entitled to all the rights which she manner of property, by virtue of the statute of distributirin, lawful" wou^ have been if §he bad been born in lawful wedlock so far as relates to the real and personal estate of Lewis wedlock, the child 6f the said Garrotte Brown, and have and take by M. Strickling, her reputed father ; any law to the contrary descent or distribution any estate real or personal tp which notwithstanding. t • , RELIEF LAWS.—1827. 339 Name^of ^ 5. And be it further enacted, That from and after the Lyoa1 a passage of this act Malinda Lyon shall be known by the uSa 10 name °f Malinda Roberts, and that she is hereby declared Roberts, to be fully and completely legitimated, and entitled to all ciared legt the rights and legal privileges that she would have been timated. ha(j she been born in lawful wedlock, and be fully capable of taking and inheriting and receiving all manner of pro- perty, by virtue of the statute of distribution of this State, so far as relates to the real and personal estate of George Ro- berts, the reputed father of the said Malinda Lyon, to all intents and purposes; any thing to the contrary notwith- standing. iaufeto be § it further enacted, That Martin Sauls shall called Mar- be known and distinguished in law by the name of Martin man11"" Shuman ; any thing to the contrary notwithstanding. Names of § 7. And be it further enacted, That Leonidas Wiley Ray, otter'per- Twiggs county, shall be known in law by the name sons alter- of Leonidas Wiley Blackshear ; John Severs, of Morgan county, by the name of John Jackson; James Thompson Phelps, by the name of James Thompson Bevell; Granville Phelps, by the name of Granville Bevell; George Kitchens, of Warren county, by the name of George McCormick ; Malinda Lyon, of Columbia county, by the name of Malinda Roberts ; and Daniel Marcus, by the name of Jefferson Troup Patterson; any thing to the contrary notwith- standing. MarthaUa- § And.be it further enacted, That the name of Martha vina Reiio- Lavina Belloma be changed to that of Martha Lavina Da- S Maitbad an(i that she be declared to be legitimatized, and capa- lavina Da- ble in law to inherit of the real or persopal estate of Wil- sheieglti- ham B. Daniell, her reputed father, as fully as if she had mated. been born in lawiul wedlock ; any law to the contrary not- withstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. (No. 1036.] AN ACT for the relief of the Citizens of the County of Tatnall. The citi- Be it enacted by the Senate and House of Representatives Tatnaii °f the State of Georgia, in General Assembly met, and it is cross toe0 enacted by the authority of the same, That from and Ohoopee immediately after the passage of this act, that on all da^s that free auhe citizens of the county of Tatnall shall be required to at- house *en<^ at t'ie court"h°use in sa^ county to perform public duty, it shall be lawful for them attending as aforesaid to pass free of any charge across the river Ohoopee, at the court-house The infe- in said county; and it is hereby made the duty of the Inferior to°provide Goutf of the county of Tatnall to make the necessary therefor, arrangements with the owner of said ferry or otherwise, as shall secure to them the right of crossing as aforesaid free from any charge. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18tb, 1827. JOHN FORSYTH, Governor. INo. 1037.] AN ACT to authorize James .A. Dunlap of the town of 'Quincy, in the County of Gadsden, Territory of Middle Florida, and Edgar Macon, of Tallahassee, to plead and practise law as Attorneys, Counsellors, and Solicitors in the several Courts of law and equity in this State. Be it enacted by tM Senate and House of Represent- atives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That TT n 9 from and immediately after the passing of this act, that James A- any of the Superior Courts of this State may admit the afore- anTi^gar said James A. Dunlap, and Edgar Macon, of Tallahassee, to ,^7™ tod" plead and practise law as attorneys, counsellors, and soli- practise citors in the several courts of law and equity of this State, stateinbyhis upon the said James and Edgar furnishing satisfactory evi- P™tda1®ing dence to said court of their having been regularly admitted certificates, to plead and practise law in the Superior Courts of any of the States of the United States, or the Territory of Florida, and of their good moral character. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. AN ACT to extend the time for fortunate Drawers in m&.] the late Land Lotteries of eighteen hundred and eighteen, eighteen hundred and nineteen, and eighteen hundred and twenty-one ; to take out their grants and for other purposes. Be it enacted by the Senate and House of Represent- Time ex- atives of the State of Georgia, in General Assembly met, the25toDe- and by the authority of the same it is hereby enacted, That all and every person who was a fortunate drawer in the land lotteries of lottery by authority of the act passed the 15th day of De- Jyjg.and cember, 1818, and by authority of an act passed the 16th day of December, 1819, shall have until the 25th day of De- cember, 1828, to take out his, her, or their grant or grants for the land drawn by him, her, or them for the same, on paying into the treasury of this State the sum of eight dollars. § 2. And be it further enacted, That all and every per- same time son or persons who was a fortunate drawer in the land lot- }eryhof0t" tery by authority of the act passed the 15th day of May,1821- 1821, shall have until the twenty-fifth day of December, 1828, to take out his, her, or their grant or grants for the land drawn by him, her, or them, agreeable to the provisions of the 20th section of said act of 1821, on paying into the trea- sury of this State the Sum of eight dollars. § 3. And be it further enacted by the authority aforesaid, After rrn ^ , ,, ,,, , , nri.i " which time That after the 25th day of December, 1828, any person or any person persons citizens of this State, who shall apply at the neces- ™ayg|^fs sary offices, may take out and receive in his, her, or their in lotteries own name or names a grant or grants for any lpt or lots of i8i9byand land in the said lotteries, by authority of the act passed the !g£ientof 15th day of December,-1818, or by authority of the act passed the 16th day of December, 1819, which shall not then be granted, on paying into the treasury of this State the sum of one hundred dollars on each grant, including the usual fees. , § 4. And be it further enacted, That from and after the A^ftertoe 25th day of April, 1829, it shall and may be lawful for any Apri°iS29, person or persons citizens of this State, who shall apply at ™atygran®g the necessary offices, to take out in his, her, or their own by.pay- name or names a grant or grants for any lot or lots of land $5oU ° which shall not then be granted in the territory named in the third section of this act, on paying into the treasury of this State the sum of fifty dollars, including the usual fees. § 5. And be it further enacted, That from and after the After the 25th day of August, 1829, it shall and maybe lawful for gust, ism"* any person or persons citizens of this State, who shall apply at the necessary offices, to receive a grant or grants in his, her, or their own name for any lot or lots of land in the be- fore-recited lotteries in said third sectioil of this act which shall not then be granted, on paying into the treasury of tins State the sum of twenty-five dollars, the usual fees. § 6. And be it further enacted, That nothing in this act af" shall be so construed as to authorize any person to receive rights of a grant for any lot of land drawn by any orphan or family oj*™ of orphans, nor shall the same be done until three years ceased per- 340 RELIEF LAWS.—1827. Si?1 a^ter the youngest of said orphans arrives at the age of indulgence of twelve months be given to the persons who time, nor to twenty-one, nor to any lots drawn by persons who are de- have rented public property in the counties of Lee, Mus- condition!. foiaNo8?io ceased since said lotteries,■, wherq there is no administration cogpe, Troup, Coweta, and Carroll, and the reserve of the apdioo. on their estate, and where there is not until three years Old Agency on Flint river, for the year eighteen hundred from the said 25th of December, 1818, nor to any of the and twenty-sevrin, by their paying one-fourth of the amount lots number ten and one hundred, set apart for the purposes due thereon by the first day of May next, and giving satis- of public education ; and that all grants which may issue factory security to the comptroller general. < • t ^ contrary to the true intent and meaning of this act shall be § 2. And be it farther enacted by the authority aforesaid, Renter* 0f null and void, any law heretofore passed to the contrary That all those who rented phblie property in the county of perlyCjf°" notwithstanding;' 1RBY HUDSON, ' Bibb be, and they are hereby indulged for and during, the Speaker of the House of Representatives, term of twelve months, upon paying; of one-fourth of the 8 THOMAS STOCKS, principal sum due by the first day of February ne^t, and 1 . President of the Senate, giving additional bond and security for the balance due. , Assented to,, December 22d, 1827. • iRBY HUDSON, JOHN FORSYTH, Governor.v ' - Speaker of the House of Representatives. THOMAS STOCKS, - President of the Sena 527..'- JOHN FORSYTH, Governor. 'AN ACT for the relief of the securities, of William, P. President of the Senate. ,|No. 1039.3 Reid, one of the district surveyors of the late: acquired Assented to, December 21st, 1827. - territory. , , • " Whereas it appears by information lodged in the execu- f' Preamble. ,tive department that district number one'in MusCogee AN ACT for the relief of Margaret Smith. ) [No. m.j county has been inaccurately* Purveyed, or that there is some ♦ Whereas, the said Margaret Smith, widow, was by law Preamble, error iri platting the said district; for remedy whereof, " entitled to one draw in the late land lottery in this State, but Be it enacted by the Senate and House of flepresenta- by mistake her name Was entered as entitled to two draws, William p. tives of the State of Georgia, in General Assembly met\ and and it appears iri fact she did draw two tracts or lots of land ; bis'securi- is hereby enacted by the authority,of the same, That Wif- Be it enacted by the Senate and House of Representatives Mistakenf lia.ni p. Reid, the'surveyor of said district, and his securities, of the State of Georgia, in General Assembly met, That the g^en' amy°errors Patrick J. Murray and Andrew Thompson, or either of said Margaret Sniith be, and she- is entitled to lot number rain le?aendur". tl,emibe allowed the privilege to correct the same, by going 6ne hundred and'sixty-three, in the fifth district of the third SlawTin return to the said district, if the error has happened in the survey- section of the territory lately disposed of by lottery, it be- }"fc0_ hit district ing the same, and there at his or their own expense resurvey I ing the fi.rk let .drawn by her, and that the same be.vested in tmed. aa Survey- said district, and upon detecting any error in. the original ;her, her heirs, and assigns for ever ; Provided, that nothing pr0Vm survey they or'either of them be permitted to correct the herein contained shall relieve the said Margaret Smith from same, and return their revised survey to the surveyor-gene- any pains, forfeitures, Or penalties to which she may be sub- - . pal on or before the first-day of July next and if the said jeet or liable from any fraud, or irregularity, other than that error has occurred in platting said district, that the said off her, name having been entered, for two draws instead of William P. Reid or his securities, Or either rof them, be per- one; And provided also, that the said Margaret Smith Proviso, mitted to correct the same by comparing his field notes, with shall execute's full and absolute release to the State of all the general plat or map of said district, apd'if the said error claims to lot number two hundred, and thirty-six, in the is detected in said plan by said comparison, and can be cor- twOrity-fifth section in Ihq first division of the lately acquired , rected without replatting the whole of'said district, that territory. • - theyor either "of them-be permitted to make vsaid correction; . - IRBY HUDSON, and if said error cannot be corrected without replatting the1 ; ^-Speaker of the House of Representatives. ^ whole district,'that they all bp permitted to make and re- . . ' , - THOMAS,STOCKS, turn another general plan or map, of said distribt, revised : >.'' •/ r President of the Senate, and corrected, on or beforothe first day of August next.' Assented to, Deceihber 22d',. 1827. § 2. And be it further enacted, That until the aforesaid , ; • -><.., JOHN, FORSYTH, Governor. TheGover-error is corrected, his excellency the Governor be requested ' k, — . • - • pend grant- to suspend granting the lots of land drawn in said first dis- AN ACT for the relief of certain drawers in the recent first1" x trict of Muscogee county. .1 / 1 Land Lottery. MtL'cogee. • o - ' - e ' „ ^HUDSON, Whereas, many mistajkes from bad spelling and transcrib-Preamble. ppeaherof the House of Representatives, fog1 the namOs of persons entitled to a d'raw or draws in the - ^94;, STOCKS, said lottery does exist, to wit, iri the cQunties of Lee,' Mas- ' , Presidteht of the Senate. .cogee,Goweta, Troup, and Carroll; for remedy whereof, Assented -to, December 18th, 1827. _ _ Jie it enacted by the Senate and House of Representatives TheGo- ^ JOHN FORSYTH, Governor, pfthe State of Georgia, in General Assembly met, and it is • -t inrr r t 7. ^ ~T~ ,, x hereby enacted by the authority of the same, That whenever to wo! , „ ^ s ™lwf°J renters of pubhcproperty in it shall satisfactorily appear that a mistake has been com- ^imgof °" . the Counties of Lee, Muscogee, Troup, Coweta, and mittedv either by the commissioners,' their clerks, or the .Carroll, and the reserve at the Old Agency on Flint person originally registering their names in the different River, and renters of public property on the reserve at counties, it Shallbe the duty of his excellency the Governor,n e Macon, in the County of Bibb. and he is'hereby required to order such alteration-made as ( , will secure to the bona fide drawer his right, his heifs or Preamble. Whereas, from the unusual freshets in the rivers and devisees, according to the justice of the case and the truth creeks of the late acquired territory, and the loss arid damage of the matter;,'and all grants which may issue jn conse- sustained from mapy circumstances consequent on the situa- quence of such mistake thereby shall be null and void ; tion of the country, a serious injury has been sustained by Provided, however, the holder of such grant or grants issned Previa the renters of public lands ; therefore, . through mistake do return the same to the executive, his • said'public it enacted by the Senate and House of Representa- excellency the Governor rs authorized and required- to re- property to tives of the State of Georgia, in General Assembly met, and fund to such grant holder the sum of money paid as office iweiye'ged & ™ hereby enacted by the authority of the same, That an fees, and he shall then- cause the true, name ta be inserted RELIEF LAWS.—1828. 341 therein, in the records of the different offices, which grants when so altered shall be good and valid in law ; any thing to Proviso, the contrary notwithstanding; And provided also, that nothing herein contained shall deprive the State of its proper fees on the grant or grants that may be so corrected and issued from the proper grantee. • IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. tf(o. 1042.] Time ex- tended to the 25th of December, Grant fees reduced to •IS. Repealing clause. Vetoed by the Go vernor, and repassed by two-thirds. AN ACT to extend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty- seven to take out their grants, and to reduce the fees on grants. Be it enacted hy the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all and every person who was a fortunate drawer in the land lottery by authority of "the act passed the ninth day of June, eighteen htindred and twenty-five, shall have until the twenty-fifth day of December, eighteen hundred and twenty- nine, to fake out his, her, or their grant or grants for the land drawn by him, her, or them, and that a grant or grants shall issue to him, her, or them for the same, according to the provisions of the twenty-first section of the said act, on paying into the treasury of this State the sum of twelve dollars. § 2. And be it further enacted, That all laws militating against.this act'be, and the same are. hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. In the House of Representatives, December 20th, 1828. Repassed by a majority of two-thirds of the House, agreea- bly to the provisions of the constitution. IRBY HUDSON, Speaker of the House of Representatives. Attest, WM. C. DAWSON, Clerk. Repassed by two-thirds of the Senate, twentieth Decern- ber, eighteen hundred and twenty-eight. THOMAS STOCKS. 4 President of the Senate. Attest, WM. Y. HANSELL, Secretary. [No. 1043.] Preamble. Deeds and other in- struments destroyed by fire in the County of Wilkin- son howes- tablished. AN ACT to establish certain Instruments which were destroyed with the County Records of the County of Wilkinson by fire, and to make valid the same. Whereas, on the sixteenth day of last March, the clerk's office of the Superior Court of the county of Wilkinson was consumed by fire ; and whereas, there is no law that provides for the establishment of certain instruments re- maining in said office and destroyed, together with the re- cords of the same ; for remedy whereof, Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly metr and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act it shall and may be lawful for any person or persons, whose title,- deeds of conveyance of lands, and gifts of personal property,, and all other Instruments riot hereinafter mentioned, which were destroyed in the aforesaid clerk's office, together with the records of the same, who shall produce .a paper writing purporting to be a copy, or as near a copy of the original instrument in substance as can be recollected and so de¬ stroyed as aforesaid, with full or circumstantial proof of the substance thereof, and of* his, her, or their title thereto, and shall lodge the same in the office of the clerk of the Supe- rior Court in the county aforesaid, and shall give sixty days' notice in one of the public gazettes of this State that such person or persons intends to establish such deed or other instrument at the next term of the Superior Court, -to be holder! in and for the county aforesaid thereafter ; and it shall then be lawful, in case no sufficient objection shall be made, for the said court to establish any of the aforesaid instru- merits by the testimony and papers offered to the said court, which said instruments when established as aforesaid shall be taken, held, and considered as valid in law to all intents and purposes as the said lost originals would be, were they in existence ; provided, the same shall be established in Proviso, manner aforesaid within seven years from the passage of this act. § 2. And be it further enacted, That all deeds and other ^.e- instruments not hereinafter mentioned that have been re- recorded, corded in the clerk's office of the Superior Court of the corVmade County aforesaid, the records of which were destroyed, it valid, shall arid may be lawful for any person or persons holding, the same to have the said instruments again recorded, to- gether with the certificates of the clejrks who recorded the same ; and the clerk recording the same shall also certify on the back of the deeds or other instruments having been twice recorded ; the second record shall be valid from the date of the original record. §3. And be it further enacted, That all administrators' and guardians' bonds that have been recorded in the clerk's guardians' office in the county aforesaid, and the records of the same again re-1*6 destroyed, they shall again be recorded in the manner pre- corded, scribed in the provisions of this act for the recording of deeds and other instruments, so far as relates to the record- irig the clerk's certificates, and certifying, in like manner. § 4. And be it further enacted, That all administrators' Duty of the and guardians' bonds remaining in the clerk's office of the courtofthe Superior Court of the county aforesaid, and which were destroyed with the records of the same, it shall be the duty toesta- of the clerk of the Court of Ordinary of the aforesaid mSn^tra-d" county, upon application to jnm made by any person or tors' and ^ persons interested in the establishment of the same, to giye bonds'athat sixty days' notice in one of the public gazettes of this State ^re0r®e^e" of his'intention ^o have the same established at the next term of the Superior Court to be holden in the county aforesaid thereafter • that then the affidavit of the clerk that he pro- duces a copy or copies of such bonds, and that the same are destroyed or missing from his office, shall be sufficient to have the same established by tlje court, which said copies, when established as aforesaid, shall be as valid in law to all intents and purposes as the originals would be were they in existence ] any law to the contrary notwithstanding.. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate- Assented to, December 20th, 1828. JOHN FORSYTH, Governor. son tNo- 1044-1! AN ACT to pardon William Lockwood, of County. Whereas, at a Superior Court held in and for the county Preamble, of Upson, at March term, eighteen hundred and twenty- eight, William Lockwood, of said county, was convicted of murder, but was reprieved by the Governor until the third Monday in December next; Be it therefore enacted by the Senate and House of Repre- William sentatives of the State of Georgia, in General Assembly pardoned* met, and it is hereby enacted by the authority of the same, That from and immediately after the passage of this act, 342 ' .RELIEF ,LAWS.t—18?8. , the said William Lock wood be, and he is hereby declared Act granting relief to the securities of the Unicoi Turnpike to be freely, fblly, add entirely, pardonpd, exonerated, and Company be, and the Bame is hereby repealed, discharged from,the pains and penalties of his said convic* , „ . t ■ (. IRBY HUDSON, tion and sentence, as fully, freely, and entirely as if such , , , . 1 • {Speaker of the House of Representatives, conviction and" sentence had never taken place. i . , ' < THOMAS STOCKb, .n IRBY HUDSON, President of the Senate. . Speaker of the House of Representatives. Assented to^ December 20tb, 1828. . » THOMAS STOCKS, .. . j ... JOHN FORSYTH, Governor. , President of the Senate. : Assented to, December 22d, 1828. , • '. JOHN FORSYTH, Governor. AN ACT to give to Master Carpenters and Masons a [No. i048.j lien an buildings erected by them in the toum of Co- • INo. 1045.] AN ACT to legalize and make valid a Certain Grant lumbus. for a tract of Land heretofore issued to and in the • Beit enacted by the Senate and House of Representatives Master car. names of William, John, and Mary Randolph. .. , ^ tU State Qj- Georgia, in General Assemply met, and it is Ser m- a grant to Be it enacted by the Senate and House of Representatives hereby enacted by the authority of the sdme, That all master ^{J)sbiungCo- *of of the State of Georgia, in General Assembly met, and it is carpenters and master masons, who after the passage of this may main inson hereby enacted by the authority of'the same, That a certain act'may erect buildings in the town of Columbus, shall have a^dalSi a tract land in , Wilkinson THOMAS STOCKS, President of the Senate. Assented to, December .16th, 1828. made^egai grant for lot number three hundred and |wenty, in the four- fall power and authority to retain the keys of said buildings, pn huiid™ and valid, teenth district of Wilkinson county, containing two hundred and shall have a lien thereon for the amount that, may be b^them^ two and\6ne-half acres of land, was issued to and in the owing to them therefor : Provided, there be po agreement names of William, John, and Mary Randolph, on the nine- securing the amount to be paid for.the erection thereof, and cordiligto" teenth dayiof April, one 'thousand eight hundred and six- that the. buildings are furnished according to contract. . . contnct • teen, under, the authority of his excellency David B. Mit- . \ IRBY HUDSON, chelf, then Governor of the State of Georgia, but to wjiich . 1 Speaker of the House of Representatives, grant the signature of the said, David B. Mitchell was omitr , ' / THOMAS STOCKS, ted to be affixed, shall be held and considered as legal and , , J ^ President,pf the Senate, valid to all intents and purposes as if the- signature of the Assented to, December 16th, 1828^, r ' said David B. Mitchell had been affixed thereto*; any law, . , , . JOHN FORSYTH, Governor. , or custom to the contrary notwithstanding. v . • ' , \, ; IRBY HUDSON, ~ ' ^ Speaker of theHouse of Representatives. AN ACT to legalize andmake valid certain Sheriffs? [No.io©.] Sales in the Chattahoochee Circuit, and to legalize the ' Sheriff's Sales of Taliaferro County, and to authorize JOHN FORSYTH Governor. 1 ^ie Sheriff qnd his Deputies of said County hereafter . f 'V .;. i- to advertise either in a paper in the Northern Circuit, {No. 1046.] AN ACT to admit Achille Murat, George T. Ward, or a public gazette printed in Milledgeville. - William A. McRde, Samuel Beale, Christopher C. 1 Whereas, the sheriffs and their deputies of Jhe several Preamble. . r Greenup, H^nry W. Fontaine, and John K. Camp- counties, in the Chattahoochee circuit did advertise their bell, citizens of Florida, also George W. Williams, sales in th'e Milledgeville and Macon papers after the esta- , a citizen ,of Alabama, to plead and practise law in the blishmeht of a public! gazette within said, circuit, contrary . several Courts of law and equity in this State. 1 to an act of the Legislature passed on the twenty-second day aup» Be it enacted by the Saute and. Hoiise of Bepiesetda- eiahtef >»*lred and eight, requiring the, rS tires of the State of Georgia, in Genial Ass^ibly niet, and !he several counttesm this State to adverse u U hereby enacted by the authority of the-came, That from th.e,r salcs.|f s0™ P»M>eg«»tte the judicial circuit and .after the passage of 'this act Achilla Murat, Geo. T. fch sales Ve lntended ^ tnade ; for remedy dereoiT Ward, William A., McRae, Samuel Beale; Christopher C. w ®re° ' ,, .. . ' *t> , Greenup, Henry W. Fontaine, and John K. Campbell, ***™«ctedby theSenate and House of Representatives . citizens of Florida, also George Wi Williams, a, citizen' of Georgia,in General Assembly met, ■dnd a Alabama, be, and they are hereby authorized and admittedherdby enacted by the authority of the same, 1 hat front and j-J", to plead and practise law.' in the several courts of law and ™»^iately; after the passage,of this act, the sales of he gjg* equity in tb is State, upon their undergoing an examination and, thei^ dePutle/ m.thf severa counties m inopen cburt, according-19 the laws of this State. ' Chattahoochee circhit, advertised tn, public!. papers out of v r ■ . 6 Y IRBY HUDSON s circuit since the. establishment of a public gazette Speaker of the H6use of Representatives. :wi*» sai.f sha" be add keld'as legal and THOMAS STOCKS valid to-all intents and purposes as if the same had been , V ; ■ President of the Senate. ?,dve"]^d '» \he ldws of force, in ihis .State; Assented to, December 16th, 1828. ' P.r Jhat thisact.shallnotopera etod.vestany existing pre,,» , JOHN FORSYTH Governor. rl»ht whicl1 b.as been vested smeo said sales and beforethe ' passage of this act. , •, » [No. io47.] AN ACT to repeal an Act, entitled'An Act to grant re- .. f f"^.emcted, That from and imme-c ,. j.-. ,7 r ... n.r, tt • • rr •i diately after the passage of this act, that previous sales of Sr,**- . lief to tte securities of tlfe Umcoi Turnpike Company, the ^ an(1 fheir =d Ues of th'e coJ of Tali!lferr0> Aja. •• passed the twenty-fourth of December, eighteen hun- pubiished in the Southern Recorder,bhall be considered and JT" dred and twenty-seven. > . heId as legal and valid as if the same had been advertised Bcpeaied. ^ Be it enacted by ihe Senate and JJouse of Representa- in one of 'the public gazettes within that judicial circuit. i tives of the State of Georgia, in General Assembly met,, § 3. And be it further enacted, That it shall be lawful and it is hereby enacted by the authority of the same, That for the present sheriff of Taliaferro county, his deputy and "enTse m , from and after the-passing of this act, an act entitled An their successors in office, to advertise their sales either in^iedgfr6 ' * ville i ' papei* RELIEF LAWS.—1828. 343 one of the judicial gazettes within that circuit, or in one of the Milledgeville papers. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented'to, December 22d, 1828. JOHN FORSYTH, Governor. [No. 1050.] AN ACT to carry into effect the petition of John J. Groves and Elizabeth Elaine, guardians for*certain minors; and to authorize them to in the conveyance of a certain tract of land. Preamble. Whereas, John J. Groves, guardian for the minors of William C.Terrell,deceased, and Elizabeth Haine, guardian for the minors of Gideon Haine, deceased, have petitioned this Legislature to pass a law for their relief, under the fol- lowing statement of facts: that their wards are som^ of the legal heirs of Joseph Terrell, late of the county of Elbert in this State, who died seized and possessed of a certain tract of land in said county, on the waters of Coody's creek, containing four hundred and thirty-four acres, it being the tract whereon the said Joseph Terrell lived 'at the time of his death ; that the said Joseph, left a will and appointed executors, all of whom resided and still reside out of the State of Georgia, and have not by reason thereof become qualified, nevertheless they had the will proven and recorded ; and that by the mutual consent of the heirs who were of age (including Gideon Haine, the father of the wards of the said Elizabeth Haine, who was then living), they proceeded to dispose of the property, both real and personal, according to the provisions of the will, some time in the year eighteen hundred and twenty-six, having duly advertised the sale, and that the property was set up at public outcry, and that David B. Hudson became the highest bidder for the aforesaid tract of land, and thereby became the purchaser ; and they having further stated in their petition that by reason of the minority of their wards titles to said tract of land cannot be perfected to the pur- chaser without much trouble, expense, and delay, and that the said Elizabeth Haine and her wards reside in Alabama, and is not recognised as guardian in this State, so as to au- thoriz'e her to procure an order for the sale of the real estate of her wards ; and that as said land has been sold by con- sent, to disturb the peaceable possession of the purchaser would be unjust; for remedy whereof, John J. Be it enacted by the Senate and House of Representa- ' EiTabethd ^ves of the State of Georgia, in General Assembly met, and thodzetTto ^ ™ herehy enaci^d ty Me authority of the same, That the jointhe said John J. Groves and Elizabeth Haine, guardians afore- of Joseph™ sa^» ^e' an(l they are hereby authorized to join the adult . Terrell in heirs of the said Joseph Terrell, deceased, in a conveyance ance°ofVay" °f said tract of land ; and that said conveyance shall be tra™of taken, held, and considered good and legal; any thing to and.° the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1828. JOHN FORSYTH, Governor. ( [No/1051.] AN ACT to authorize the Governor to issue to Vincent A. Pratt, of Warren County, a grant for a certain un- drawn Lot of Land in the first district of Wuscogee County. The Go-' Be it enacted by the Senate and House of Representa- authorize a tives of the State of Georgia, in General Assembly met, and ! it is hereby enacted by the authority of the same, That imme- Vincent°a. dialely after the passage of this act, his excellency the 5Snf § 3. And be it further enacted by the authority aforesaid, Repealing' That all laws or parts of laws militating against this act be,c,ause* and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. AN ACT to change the names of certain Persons therein t^o. 1053-J mentioned. Be it enacted by the Senate and House of Representa- Names of lives of the State of Georgia, in General Assembly met, ^ns alter- and it is hereby enacted by the authority of the same, That ed- from and after the passing of this act Eliza Adeline Ray, Joseph Tull Ray, Eleanor Elizabeth Ray, James Morgan Ray, and John Silas Ray shall be called and known by the names of Elizabeth Adeline Outlaw, Joseph Tull Outlaw, Eleanor Elizabeth Qutlaw, James Morgan Outlaw, and John* Silas Outlaw. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to,' December 22d, 1828. JOHN FORSYTH, Governor. 3« RELIEF LAWS.-i-1828. ' ' [Nq. 1054.] AN ACJT to change andlegitimafize the names pf sundry Anna Dixon, of the county of Upson, be changed and l( persons hereinafter mentioned. , i, ' known by the riames of William Greene Reid, Henry Reid, certain per- ^ enacted by the Senate and House of Representatives and Anna Reid ; and the names of Francis M. Fletcher and sens alter- of the State of Georgia, in General Assembly met, and it is Nancy Fletcher, of the county of Bullock, be Ranged to tiieyde- hereby enacted by the authority of the same. That imme- that of Frapcis H. Selph and Nancy Selph ; and the name fcTtiniate6 ^ate'7 a^er ^ Pa^9aSe of this act, the name of Stokes of James Madison Wyight, of the county ofCoJumbia, be and ent^ Pennington be^ and the same is hereby changed t6 that of~changed to the name of James Madisort Sullivan ; and the tain lights" Stokes P. Ivey I the name of Winaford M. Henderson to "name of Wiley -Osteon-,, of the county of Ware, be changed and privi- that of Winaford M.Hooker,; the name of William Par- to that of Wilef Robertson, ^and the name of Amelia De- ^es* ker to that of William Bryant; the name of Mary Home to maris Margrove, of the county of Wilkinson, to that of Ame- that of Ma^y Rains ; MourningCanayvay to that of Mourn- lia Demaris Gilbert; and the name of Jane H. and Martin ing, Bush ; and they are hereby declared to be fully and Greene Connell, to that , of J,ane H. and Martin Greene completely legitimatized, and jentitled to all the rights and Wood, of Pulaski county ; andlra Reddick Foreman, of De privileges they would have been had they been born in law- Kalb county, to, that of Ira Reddick Greer ; and Daniel ful wedlock, and fully capable of taking, inheriting, and Marcus, of Monroe County, to that of Jefferson Troup Pat- . , receiving all manner of property, by virtue of the statute of terson ; and that said persons whose names have been so said per. distributions of this State, so far as relates to the estates changed are hereby declared to be legitimatized, and en- mated brith real and personal of Adam Ivey, of Warren county,', titled to inherit all property vfhich they or any of them would jjjwugh the reputed father ^of Stokes Pennington ; of William B. have been had they or any of them been born, in lawful jawfu" Hooker, the repiuted father of. the said Winaford M. wedlock* so far as regards the estates of their respectivewedlock' Hooker ; and ,of William Briant, the reputed father of the reputed fathers. ^ 4 said William Parker; and James Bush, the reputed father* §2. Ahd*be it further enacted, That the names of Martha Namesof of the said Mourning Bush; to all intents and purposes ; Ann Logen, William Carroll Logen, ^nd Fleming Adrian Sther"1 • Proviso, any law to the contrary notwithstanding: Provided, thpt Logen shall becailed and known by the names of Martha -, this act shall not,enable the said Stokes P. Ivey, Winaford Ann Usry,, William Carroll Usry, and Fleming Adrian Usry, andtiey M. Hooker, William Bryant, Mary Rains, and Mourning &nd they are hereby declared to be fully and completely Bush, to inherit to the exclusion of any child or children of legitimatized; and entitled to all the rights and legal privi- the §aid Adam Ivey, William B. Hooker, William Bryant, or leges that they ;woUld have been had they beendborn in law- James Bush respectively born, or who may hereafter be. frd wedlock, arid he capable of taking, and inheriting, and born, in lawful wedlock. . . -receiving all manner of property, by virtue of :the statute ' IRBY HUDSON, of distributions of this State, so far as relates to the real or Speaker of the House of Representatives, personal estate of William Usry; the reputed father of the J , THOMAS STOCKS; said Martha, William, and Fleming, to all intents and pur- F President of the Senate, poses; any law to the qdntrary notwithstanding. . Assented to, December 17 th, 1828. " t 1 § '3. And be it further enacted,. That Adeline Evans and ^T®°^eof } , s 'JOHN FORSYTH, Governor. Caroline Evans, of Jpnes corinty, children of Jinney Evans, Evans'and — - ^ shall be called and known by the name of Missouri Adeline INo. 105&] AN ACT to grant relief to the purchasers of town lots Clark, and Minerva Caroline Clark. tered. in the town of Macon, and to the purchasers of four- y § 4- And be it further enacted, -That the name of Ha- Name of acre lots] near said toum, so far as to vextend the time 'zeJI Green Yon' °f the county of Warren, be altered and amnion of payment. ' / ' changed to that of Hazell Green Burson; any law to thechaDgei Purchasers Be it enacted by the Senate and House ofRepresentatives contrary notwithstanding. andfour- of the .State of Georgia; in General Assembly rrietf and, it is • t : ' . _ . TTHUDSON, h&reby enacted by the authority of the same^ That from and Speaker of the House of Representatives, duiged -by after the passing of this act, the purchasers of town lots in THOMAS STOCKS, repair the town of Macon, and the purchasers of four-acre lots /. ' V, ' ' , , President of the Senate, ofthe pur- near said town, by the payment of one-half of the purchase- Assented to, December 19th, 1828. ney* m°~ tnoney due, or, which/may become due by the.first day of ^ ' JOHN FORSYTH, Governor. June'next* and give additional good and sufficient security ' ' ■ to the. -State by that' time, shall have until, the twenty-fifth . ,T . 777 day'qf December thereafter for the payment of the balance AN ACT to alter arid change the name of Betsey Ann LN0.1 .J remaining due arid unpaid, ori their giving additional secu- Stuckey to that of Betsey Ann Chambers, and to legiti- rity to be approved by ,the comptroller general, r . ' rhqiize the same. . ' ' clause""8 ^ further enacted, That all laws or parts of jge fa enacted by the Senate and House of Representatives Kane • laws militating against this act be, and the same are hereby 0f the State of Georgia, in General Assembly met, and it iVclianEe repealed. 1 t _ hereby enacted by the authority of the same, That from and IRBY HUDSON, after the passage of this act the name , of Betsey Ann _ _ . * Speaker of the House of Representatives, stiickey, the daughter of William Chambers and Rebecca . THOMAS STOCKS, , ■ Stuckey, previous to the intermarriage of the said Wiiliam - . ' ■' President of,the Senate. ' Chambers and the said Rebecca Stuckey, shall be changed Assented to, December 20th, 1828. that of Betsey Ann Chambers, by .which name she shall j JOHN FORSYTH, Governor. called and known. • • . " 1 § 2. And be it further enacted, That the said Betsey Ann SaidBetwy [No. ices.] AN ACT to change the names of certain Persons therein Chambers shall be entitled to all the rights and privileges of cumber. mentioned, and to. legitimatize those Persons whose heir of the, said William Chambers, a? if she had been born |™deotfhe names are so changed. in lawful wedlock. IRBY HUDSON, wnnam «rtain°f Be it enacted by the Senate and House ofRepresentatives ' Speaker of the House of Representatives, c^lamber,, persons ai- of the. State of Georgia, in General Assembly met, and it is , ' ■ ' ' THOMAS STOCKS, temL hereby enacted by the authority of the same, That from and , President of the Senate. * after the passage of this act, that the persons now known Assented to, December 20th, 1828. by the names ;of William Greene Dixon, Henry Dixon, and JOHN FQRSYTH* Governor. RELIEF LAWS.—1828. 345 (No. loss.] AN ACT for the relief of John Hale, a purchaser of 'University Lands. Pieambie. Whereas, at the sales of the University lands in the year eighteen hundred and sixteen, John Hale, of Oglethorpe county, became purchaser of certain lots of the Falling Creek tract, at and for the sum of thirteen hundred and fifty-three dollars, for which he executed his bond, payable in four equal annual instalments, to the trustees of the University of Geor- gia, which said bond is now deposited in the office of the trea- surer of this State ; and whereas, a part of said lots have been recovered from said John Hale, in a suit in law by and adverse title; The bond Be it therefore enacted by the Senate and House of Re- ma^'ibr presentatives of the State of Georgia, in General Assembly university met, and it is hereby enacted by the authority of the same, tielf to'cer- That the treasurer of this State be, and he is hereby Auctions authorlzedto ascertain the deduction to which the said John alldcredits. Hale is entitled on the said bond by reason of the loss afore- said, estimating said deduction by the proportion of the land lost to the quantity purchased, and the said sum when ascertained shall be entered on said bond as a credit; and the treasurer is further required aqd directed to ascertain what aniount of principal and interest has been paid on the quantity of land lost as aforesaid, and enter such amount as a credit on said bond ; any thing to the contrary notwith- standing. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. .No. 1059.] AN ACT to alter and change the name of Gadsey Da- vis, of Telfair County, to that of Gadsey Spivey ; and John Butcher, of Hall County, to that of John Sauls. Name of Be it enacted by the Senate arid House of Representatives navis^i- of the State of Georgia, in General Assembly met, and it is tered. hereby enacted by the authority of the same, That from and after the passing of this act Gadsey Davis, of Telfair coun- ty, shall be known and called by the name of Gadsey Spivey. Name of § 2. And be it further enacted by the authority aforesaid, Butcher That John Butcher, of Hall county, shall be known and altered, called by the name of John Sauls. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President -of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. iNo, loco.] AN ACT for the relief of Edmund Glasscock and John Turpin, securities on the bond of Thomas Haudley, given according to law by the said Thomas Haudley, as Tax Collector of the County of Richmond for the year eighteen hundred and nineteen. Securities Be it enacted by the Senate and ± 'ouse of Representatives Haudley133 of the State of Georgia, in General Assembly met, and it is exonerated, hereby enacted by the authority of the same, That from and immediately after the passage of this act Edmund Glasscock and John Turpin, securities on the tax-collector's bond tionsof said commissioners, he shall be liable to pay to any vent the person or persons injured thereby the sum of twenty dollars passage of per day until he shall remove the same, to be recovered of fish, tbey him in any court of law of this State having competent ju- ldm'ofthe risdiction thereof. fact> a?d if IRBY HUDSON, openthe Speaker of the House of Representatives, sbaabeiia THOMAS STOCKS, bletopay President of the Senate, injured °n" Assented to> December 20th, 1828. ^ &c- JOHN FORSYTH, Governor. AN ACT to extend the time for fortunate drawers in [No. ioc3.j the Land Lotteries of eighteen hundred and eighteen, eighteen hundred and nineteen, and eighteen hundred and twenty-one, to take out grants for the lands thus draum ; and after the time therein specified to vest the same in the State. Beit enacted by the Senate and House of Representatives Time of of the State of Georgia, in General Assembly met, and it g^mf ulut is hereby enacted by the authority of the same, That every 346 RELIEF LAWS.—1829, ed to the first day of November, 1830. After that time the lands to re-' vert to the State. Not to af- feet the rights of orphans, idiots, &c. till after a certain timer Repealing clause. This act to be publish- ed till the time ex- pires. person who wis a fortunate drawer in the land lotteries by authority of the acts passed on the fifteenth day of Decern- ber, eighteen hundred arid eighteen, on the sixteenth day of December, eighteen hundred and nineteen; and on the fifteenth day of May, eighteen hundred and twenty-one, shall have until the first day of November, eighteen hifn- drbd and thirty, to take out his, her, or their grant, Upon paying into the treasury the sum of eight dollars. , § 2. And be it further enacted by the authority aforesaid, That from and ufter the first day of November, eighteen hundred and thirty, the lands so drawn as aforesaid and not granted, shall revert to and become the property of the State. § 3. And be it further enacted, Thaf this act'shall, not 'extend to any lot or lots of land drawn by orphans until three years' after the said orphans shall have arrived at the age of twenty-one years, nor to any lots drawn by idiots or lunatics, or persons who have departed this life since they gave in for a draw or draws in said lotteries of eighteen hun- dred and eighteen, eighteen hundred and nineteen, and eighteen hundred and twenty-one, and whose estates are un- represented,'nor to any lots number ten and one hundred, set apart for the purposes of public education. § 4. And be it further enacted, That all laws and parts of laws militating against this act be, and the same is hereby repealed. ^ V ' ' § 5. And be it further enacted by the authority aforesaid, That it shall be the duty of his. excellency the Governor to Cause this act to be published in all the public, gazettes of, this State once a month until the first day of November next, and that he cause the expenses of such publication to be paid out of the contingent fund. ' , , / WARREN JOURDAN, > i Speaker,of the House of Representatives. ■ THOMAS STOCKS, r • i , President of the Senate. . r Assented to, November 9th, 1829. GEORGE R. GILMER,, Governor. [No. 1064.] AN ACT to extend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty-seven to take out their grantsi ' . Time ex- . Be it enacted %y the Senate and House of Representa,- the25th° ^ves °f the State of Georgia, in General Assembly met, day of De- and it is hereby enacted by the authority of the same,, That all and every person who was a fortunate drawer in the land lottery by authority of an act passed the. ninth day of June, eighteen hundred and twenty-five, and t>y virtue of an act passed on the twenty-fourth of December, eighteenJ hun- dred and, twenty-five, also by virtue of an act passed on the fourteenth day of December, eighteen .hundred and twenty-six, shall have until the twenty-fifth day of December, eighteen hundred and thirty, to take out his, her, or their grant or grants for the land draiyn by him, her, or them, under the same restrictions as heretofore practised; any law to the contrary notwithstanding. WARREN JOURDAN, * Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th,. 1829. - ^ GEORGE R. GrILMER, Governor. hundred and twenty-five, shall have until the twenty-fifth day of December, eighteen hundred and thirty, to take out his, her, or their grant or grants for the land drawn by him, her/ or them, and that a grant or grants shall issue to him, her, or them for the same, according to tbe provisions of the twenty-first section of the said act, on paying into the treasury of this State the sum of twelve dollars. § 2. And be it further enacted, That all laws militating Repealing against this be, and the same are hereby repealed. clBU8*• ■ , WARREN JOyRDAN, Speaker of the House of Representatives. THOMAS STOCKS, s President of the Senate. ^Assented to, December 22d, 1829. . GEOJtGE R. GILMER, Governor. cember, 1830. [No. io65.] AN ACT to extend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty-seven to take out their grants. • Time ex- Be it enacted by the Senate and House of Representatives the<25ih°of °f the State of Georgia, in General Assembly met, and it is December, hereby enacted by the /authority of the same, That all and every person who was a fortunate drawer in the land lottery by authority of the act passed the ninth daj of June, eighteen AN ACT for the relief of certain fortunate drawers in tNo- the Land Lottery authorized by the Acts of June ninth, eighteen hundred and • twenty-five, and December twenty-fourth, eighteen hundred and twenty five ; and , to point out the manner in which land drawn by illegi- timate children shall descend. Be it enacted by the Senate and House of Representa- Lands tipes of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That where any mates who person or persons shall have been fortunate drawers in the remmedM land lottery authorized by, the acts of June ninth, eighteen hundred' and twenty-five, and December twenty-fourth, deredas ' eighteen hundred and twenty-five, and who may have been buTtta6"'' returned as an orphan or orphans by the person who may aame.10 have given in their names for a draw or draws, when in fact them!" paid person of persons may have been an illegitimate child or children, shall not be' held, deemed, or considered as a fraudulent dratw, under any of the provisions of said acts; tut the same shall be as fully and entirely vested in him,-her, or them as if no such misrepresentation as aforesaid had been made, by the person who gave in the name or names pf said person or persons for a draw or draws ; any law to the contrary notwithstanding. ' , § 2. And be it- further enacted, That whenever any illegi- Lands of timate child having drawn a lot of land in the said lottery, iS'wto and who has or may die intestate, without child or childreh, or the representatives of children, and without brothers or without»- sisters on- the maternal side,' then and in that case the said land shall descend to and vest in the mother. »her- ' : ' WARREN JOURDAN, ' Speaker of the House of Representatives.' THOMAS STOCKS, President of the Senate. Assented to, December 22d, J829. GEORGE R. GILMER, Governor. AN ACT to,change the names of certain Persons therein [No-nw-1 mentioned, and to legitimatize those Persons whose names are so changed, and to constitute Martha Beau- champ the legal heir arid representative of Isaiah Par- kerj of De Kalb County. - Be it enacted by the Senate and House of Representatives^™* of the State of Georgia, in General Assembly met, and itehang is hereby enacted_ by the authority of the same, That from and immediately after the passage of this act, that the per- sops how known by the name of William Pratt, born in law- ful wedlock, of Wayne county, be changed to that of William , Campbell; and that the name of Berian Swett, of Wayne county, be changed to that of Berian Henderson ; and that the name of Newton Bell, of Jackson county, be changed to that of Newton Green ; and that the name of John Anderson Phelps, of Jasper county, be changed to that of John Ander- son Barclay ; and that the name of John Hulsey, of Habers- ham county, be changed to that of John Wesley Charles apd that the name James Bexlev. of Waltnn pnuntv. he RELIEF LAWS.—1829. 347 Names changed. Said per- sons legiti- mated as though they were born in lawful wedlock. Martha Beau- champ made the heir of Isaiah Par- ker. changed to that of James Smith ; and the name of Berry Coleman Duke, of Newton county, be changed to that of Berry Coleman Tate. § 2. And be it further enacted, That the names of J%ie Green and Ezekiel Green, of Bullock county, be changed to that of Jane Parish and Ezekiel Parish ; and that the name of John W. Stewart, of Jasper county, be changed to that of John W. Winslett; and the name of Emily Williamson, of Coweta county, be changed to that of Emily Penticost; and that the names of Susannah Godfrey, Nancy Godfrey, Free- man Godfrey, and Enoch Godfrey, of Burke county, be changed to that of Susannah Mulky, Nancy Mulky, Freeman Mulky, and Enoch Mulky; and that the name of Robert Douglas Jackson, of Decatur county, be changed to that of Robert Jackson Douglas; and the name of Mary Ann Col- lins, of Chatham county, who was born in lawful wedlock, be changed tp that of Lucy Rynson Cook ; and the name of J. R. Jenkins be changed to that of A. J. Sutton, of Ha- bersham county ; Joseph Merritt, of Burke county, to that of Joseph Perry; the name of Redding Gibbs, of Irwin county, to that of Redding Durham, and to legitimatize the same ; the name of Amanda C. F. White to that of Amanda C. F. Bracewell, of Pulaski county, and to legitimatize the same; the name of Nancy Groom, of Appling county, to that of Nancy Hagom ; and the name of Lewis J. Cherry- tree, of Wayne county, to that of Lewis J. Pendarvis, who was born in lawful wedlock. § 3. And be it further enacted, That all and each of them are hereby declared to be fully and completely legitimatized, and entitled to all the rights and legal privileges, and capable of taking, inheriting, and receiving all manner of property, by the statute of distribution, as they or any of them would have been entitled to had they been born in lawful wedlock, so far as respects the estates of their respective reputed fathers. § 4. And be it further enacted, That Martha Beauchamp, wife of William Beauchamp, of De Kalb county, be, and she is hereby constituted the legal heir and Representative of Isaiah Parker, of said county, in as full and as ample a manner as if she had been the legitimate child of the said Isaiah ; any law to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. record out of the county funds of said county : Provided, |1rlanl8^ib* the said court is left discretional whether they will pay for same.6 said transcript or not. § 3. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same arec dUBe" , hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. AN ACT for the relief of James D. Lester, and to au- tNo-10691 thorize the Governor to issue grants to purchasers of public Lands, where the certificates have been lost and the full amount of the purchase-money paid. Be it enacted by the Senate and House of Representatives The Go- of the State of Georgia, in General Assembly met, and it is cause"0 hereby enacted by the authority of the same, That from and fsrsaunelt® after the passage of this act, the Governor shall cause a James n. grant to issue in the name of James D. Lester, for half of ^ee/taYaf°io£ lot number two hundred and thirty-five, in the twelfth dis- trict of Monroe county, on his paying into the treasury of this State the grant fees : Provided, that it shall fully 'ap- Proviso.' pear that all the purphase-money shall have been paid. § 2. And be it further enacted, That in all similar cases, Wherever- where it shall be made fully appear that all the purchase- have been money has been paid, the Governor may cause a grant or grants to issue to any person or persons so applying and paying into the treasury all the grant fees. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. {No. 1068.] The tran- scribed book of certain deed re- cords to be examined and made a book of re- cord in the Superior Court of Henry County. The Infe- rior Court to allow a compensa- tion for AN ACT to legalize and make valid certain Deed Re- cords, as recorded in Book marked A. in the Clerk's Ofiice of the Superior Court of Henry County, and to authorize the Justices of the Inferior Court of said County to pay for transcribing the same. Whereas, at the organization of said county, a number of deeds of conveyance were recorded in books not bound, and the same having since been transcribed as aforesaid ; Be it therefore enacted by the Senate and House of Repre- sentatives 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 passage of this act, it shall be the duty of the justices of the Inferior Cpurt of said county, or a majority of them, to examine the said transcript, and compare thesame with the original record; and if the same be correctly transcribed they shall certify the same, and deposite the said record book in the clerk's office of the Superior Court of said county, and the same shall become part of the records of said county, and shall be held as good and valid in law as though the same had never been transcribed. § 2. And be it further enacted, That the justices afore- said shall allow whatever in their discretion shall seem to be a rpngpnahlft rniripfinwtmn far fransprihinff the aforesaid Xx 2 AN ACT to change the name of William Parker to [No. 1070.J that of William Bryant, and to legitimatize said Wil- liam Bryant; also to alter and change the names of Mary Barbara Harbuck, Thomas Henry Harbuck, and Eliza Jane Harbuck, to that of Mary Barbara Fisher, Thomas Henry Fisher, and Eliza Jane Fisher. Beit enacted by the Senate and House of Representatives Names of of the State of Georgia, in General Assembly met, and it sons^ter-" is hereby enacted by the authority of the same, That im- ed- mediately after the passage of this act the person now known by the name of William Parker be, and the same is hereby changed to that of William Bryant, and that of Mary Barbara Harbuck, Thomas Henry Harbuck, and Eliza Jane Harbuck, be called and known by the names of Mary Bar- bara Fisher, Thomas Henry Fisher, and Eliza Jane Fisher. § 2. And be it further enacted, That said .William Bry- ant is hereby declared to be fully and completely legitima- gitfmated? tized, and entitled to all the rights and privileges which he would have been entitled to had he been born in lawful wedlock, and fully capable of taking, inheriting, and re- ceiving all kind of property, by virtue of the statute of dis- tributions of this State, so far as regards the estate both real and personal of Benjamin Bryant, the reputed father of the said William Bryant: Provided, this act shall not enable the Proviso, said William Bryant to inherit to the exclusion of any child or children of the said Benjamin Bryant born, or who may hereafter be born, in lawful wedlock. WARREN JOURDAN, Speaker of the* House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. 313 RELIEF LAWS.—1820. [No. ion.] AN ACT - for the relief .of drawers or owners of Land and to designate in his summons the week such juror must " in the eleventh district of Irwin {formerly), now attend said court as a grand or-petit juror; and no grand No^uror^ » Lowndes County, and to1 authorize the County Sur- or petit jurbr shall be compelled, to serve more than one peiied to ' veyor to close lines where they are now open in said w%pk at any one time of the Superior Court in said county ®1t^dtlian County. ' , bnless the grand or petit jury shall be tharged with a clvd Preamble. ;Whereas, it appears that the said district Originally was or criminal cause upon which they have not decided ; in that oneterm""' inaccurately surveyed, (and that in making a resurvey of the erirnt, they shall attend the court until said cause is disposed Exception, same under a resolution of the last session of the Legisla- of, arid no longer. ture, a derangement of the lots as originally marked, num- § 3* ^nd be & further enacted!, That the judge of the After fuu fiered, and granted has, or will take place throughout the Superior,Court, after a full grand jury and two panels of , whole district, whereby in many cases the drawers and Petit jurors are empannelled and sworn, at theopening of owners of said lots will lose a part or the whole of their the court> *be rest of tlie Srand .and Petit Ju.rors sum" land, with the improvements thereon, to their great injury • moned to attend said court on that week may be discharged, for remedy whereof, ' . ' § 4. Andbe it further enacted, That all laws militating Repealing Where lots Be it enacted by the Senate and House of Represent- against this a$aid County of Crawford on the seveiiteenth day 'of . quantity fall short it shall be his loss.' ^ v April, eighteen hundred and twenty-nine. ' Th|uc°un- ' §2. And be it further enacted by the authority aforesaid, Whereas,, by an' act of t]be General 'Assembly ofthis Preamble, veyo" at That it shall be the (duty of the county surveyor of the sajd .State passed on the twentieth "day of December, eighteen . o'^thlown-1 9ounly, uPon the request of the!drawer or owner of; any lot hundred and twenty-eight, authorizing the- sheriff of Craw- er or draw- or lots of land in any district of the said county, to run rouiifl ford county, to sell, and dispose of certain lots of land namthe315"the said ^ots of land .according to the linps originally run,, situatte 'in the first district of Muscogee county, the said lipes,&c. when the same can be'ascertained, and whe^e the lines are sheriff:did, on the 'seventeenth day 6f April, eighteen hun- open to close the same by running from corner to corner of dred 'and twenty-nine,,proceed to sell certain lots of land the said lot, without regard to the course and distance of the situate as aforesaid, as the property of the State, and re- Ijne or lines, at the expense of the owner or drawer of. the quired of the purchasers'of said lots, one-fifth of the pur- said land. 1 ' . / chase-money only to' be paid in hand,, through mistake, when Jots^annot § 3' ^d be it further enacted, That wberetbe lots P°ay be numbered so as to correspond, with, the said sale is illegal; for remedy whereof, beredTo tfae Srantsi the same bT the county surveyor, as nearly as . Be it enacted by the Sendte and House of Representatives The saiw correspond hecau, accofdingtothe original plan of numbering thp said of the .State of Georgia, in General Assembly met, and it is squaTiot* grants!he d^st"ct- ' . ' 1 • . 1 ' hereby enacted by. the authority of the same, That from and The Sur- § 4. And be it further enacted, /That the surveyor em- after the passage of this act, the sale of the square lots of Muscogeei pointed31» ployed to resurvey the said district' shall cease to,-proceed land made by the sheriff of Crawford county, in the first K She" ce™eVm3t0 w^tb s^d work so soon as he shall be informed of the pas- district of originally Muscogee county, as the property ofCrawford work. 13 -sage of this act. v ' the State, on'the seventeenth day of April, eighteen hun-made valid. , , - . . WARREN JOURDAN, v dred and twenty-nine, be, and is hereby made legal and Speaker of the House of Representatives, valid to all intents and purposes; Provided, the said sheriff Proviso. , THOMAS STOCKS, +sh'all, within tWo months after the passage of this act, pay * r ' • " President of the Senate, over to the treasury of this State tfie one-fifth of the amount . Assented to, December 22d, 1829. ■ of the sale aforesaidv ' j ' . . ^ GEORGE R. GILMER, Governor. ' WARREN JOURDAN, ! f - N Speaker of the House of Representatives. k[No. 1072.] AN ACT for the relief of the Grand, and Petit Jurors . ' . THOJVIAS STOCKS,, > . of Columbia County. , ' ' ' ' - ' President of the Senate. The Judge" Be it enacted by the Senate and House of Representatives Assented; to, December 21st, 1829. Su" of the Statebf Georgia, in General Assembly inet, and it is . - GEORGE R. GILMER, Governor. Court to hereby1 enacted by the authority of the same, That , after Gramf0Ju- March term, eighteen hundred and thirty, the judge of the AN' ACT to admit David J. Bailey, of Butts County, [N* i™] PeTiCJu 72 Superior Court ofColumbiacohnty shall cause to be drawn jfiram Hemphill, of Lincoln County, John A. Camp- • and empannelled at least fifty grand and seventy-two petit beUf0f Wilkes County, Gray A. Chandler, of War- jurors, to serve at each succeeding term thereafter in said • ■ County Robert McCdrthy, of Monroe County, county at or until the business of th6, court can be completed mUiam £ Black, of Chatham County, ami Robert one-half m TzM&be itfurther enacted. That it shall be the duty of f-To"m^ °f Wfkg County, to phtad and practise trit a." the sLiff of Colombia county to summon one-balf of the ^ ^ Courts of law and equity in tfus Snde ferand and petit jurors so drawn and empannelled to attend *>tate. ' week. the second week of said court; and in summoning said Be it enacted by the Senate and House of Representa- grand and petit jurors it shall be the duty of the sheriff to tives of the State of Georgia, in General Assembly met, Sued to take the jurors alternately as they stand on the venire facias, and it is hereby enacted by the authority of the same, Tbat fSaise" BELIEF LAWS.—1829. 349 u*rin this from and after the passage of this act, David J. Bailey, of state- Butts county, Hiram Hemphill, of Lincoln county, John A. Campbell, of Wilkes county, Gray A. Chandler, of Warren county, Robert McCarthy, of Monroe county, William A. Black, of Chatham county, and Robert A. Tpoms, of Wilkes county, be, and they are hereby authorized and admitted to plead and practise law in the several, courts of law and equity in this State, upon their undergoing an examination in open court according to the laws of this State, neid liable § 2. And be it further enacted by the authority aforesaid, contracts That each and every of the aforesaid persons shall be held, -though deemed, and considered liable and responsible for all his u age* acts and contracts, in the same manner and to the same extent as if he were of full age. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. [No. 1075.] The secu- rities of Alfred Thompson, tax collect- or of Lau- rens Conn- ty, to be re- lieved by paying up the princi- pal sum due. Upon pay- nient of the principal sum due, the Comp- troller Ge- neral to stop fur- ther pro- gress of the execution against said Thompson and his se- curities. Repealing clause. AN ACT for the relief of the Securities of Alfred Thompson, Tax Collector of Laurens County for the year eighteen hundred and eighteen. Be 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 Jacob Farrper, Henry Culpepper, and Charles Powell, securities for Alfred Thompson, tax collector of the county of Laurens for the year eighteen hundred and eighteen, be, and they are hereby fully and entirely discharged from their liability as securities aforesaid, as soon as they fully pay up and dis^ charge the principal sum that is yet due to the State by the said Alfred Thompson, tax collector as aforesaid. § 2. And be it further enacted by the authority aforesaid, That so soon as the said principal sum aforesaid is fully paid up and discharged (if any yet remains due), the conq> troller general is hereby required to stop the farther pro-i gress of any execution that may have issued from his office against the said Alfred Thompson, tax collector as afore- said, and his securities, Jacob Farmer, Henry Culpepper, and Charles Powell, and to cause the same to be filed away in his office as satisfied so far as regards the said securities, by virtue of the passage of this act. § 3. And be it further enacted, That all laws parts of laws that militate against this act lie, and 'the same are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 2,7th, 1829. GEORGE R. GILMER, Governor. in the State of New-Jersey having jurisdiction of orphans, for the faithful performance of his duties of guardian for the said Margaret Rembert Taylor, § 2. And be it further enacted by the authority aforesaid, Said ' That the said David Ryerson and any future guardian of fu^ori"ed the said Margaret be, and he is hereby authorized to receive,t0 receive from the executors of the last will and testament of the said ty ofhhT*" Hugh Taylor, all the property, money, and effects to which ward- his said ward is or may be entitled under said will, as fully and effectually as if he were constituted guardian by the au- thority of a Court of Ordinary of this State, on his comply- ing with the second clause in the proviso in the aforesaid first section contained. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. AN ACT to authorize the Justices of the Inferior Court [No. 1077.] of De Kalb County to relieve James Guess and Lindsey McPost from the payment of a judgment entered against them as the securities of Charles Williams, upon a forfeited recognisance. Whereas, James Guess and Lindsey McPost did hereto-Preamble, fore enter themselves as the securities of one Charles Wil- liams for his appearance at the April term, eighteen hundred and twenty-eight, of the Superior Court of De Kalb county," and the said Williams having failed to appear, a judgment has since been entered against the said securities for the sum of five hundred dollars, the amount of said bond ; Beit therefore enacted by the Senate and House of Re- TheJnfe- presentatives of the State of Georgia, in General Assembly 0f De Kalb met, and it is hereby enacted by the authority of the same, That from and after the passage of this act the justices of remit a for- the Inferior Court of De Kalb county, or a majority of them, curred by be, and they are hereby fully authorized to discharge the said gau™gessand James Guess and Lindsey McPost, securities as aforesaid, Lindsey from the payment of the whole or any part of said judgment McPost- that they may think proper : Provided, they shall not be au- Proviso, thorized to discharge them from the payment of the costs of said judgment. § 2. And be it further enacted by the authority aforesaid, Repealing That all laws militating against this act be, and the same clause- are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor.. [No. 1076.] David Ry- crson, of New-Jer- sey, guardi- an of Mar- garet Rem- bertTaylor, authorized to sell cer- tain ne- groes be- queathed to his ward. Proviso. AN ACT to authorize David Ryerson, of the State of New-Jersey, guardian of Margaret Rembert Taylor, to sell and dispose of certain negroes, and to perform other acts in behalf of his said ward, in this State. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That David Ryerson, of the State of New-Jersey, guardian of Margaret Rembert Taylor, one of the children of Hugh Taylor, late of the county of Hancock, deceased, be, and he is hereby authorized, by himself, or his agent or attorney in fact, to sell and dispose of the slaves bequeathed and set off to his said ward, as fully and effectually as if the said David Ryer- son had obtained letters of guardianship from the competent authority in this State : Provided, the said guardian should comply with the laws of this State regulating sales by guardians, and shall produce and deposite with the Court of Ordinary of said county of Hancock satisfactory evidence that sufficient security has been given by him to any court AN ACT for the relief of the Butchers and Venders of Meats in the City of Augusta. [No. 1078. ] Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is The city ^ hereby enacted by the authority of the same, That from and Augusta0 after the first day of January, eighteen hundred and thirty, it shall not be lawful for the city council of Augusta to assess tax upon or lay any tax upon the regular butchers in said city, or bSers or upon their meats vended therein, by way of fees or otherwise, tlleir meats exceeding the sum of fifty dollars per annum for each single Isoperan- stall in the market-house of said city. Imm" § 2. And be it further enacted by the authority aforesaid, That the stalls in said market-house upon which said assess- stalls in ment is to be made shall not be diminished in size, but shall touw"?" be designated by the pillars at present standing in said mar- J ket-house. e pi arSv § 3. And be it further enacted by the authority aforesaid, That said tax shall be paid quarter-yearly in advance to the Tax to be city council or their order, which shall be in full satisfaction ter-yeaujT for the privilege of vending meats in said market, and for >aad«an«ev. $50 , RELIEF LAWS.—1829. the use of said stalls ; any law, ordinance, or usage to the AN ACT for the relief of Edmund G. Berry and James tNo- 1082-J contrary notwithstanding, i ' ~ V Berry. < . WARREN JOURDAN, Whereas, Edmund G. Berry and James Berry became Preamble. < Speaker of the House of Representatives, bound in three several recognisances of onef thousand dollars ' THOMAS STOCKS, each, as security for the appearance of William T. Berry at President of the Senate. Morgan Superior Court, upon which judgments have been Assented to, December'4th, 1829. ♦ ' entered up for the sums aforesaid ; and whereas there is some GEORGE R. GILMER; Governor; probability of the said securities being able to surrender up —; the-body of their, said principal; [N>•.'. § 3. And be it further enacted, That the sheriff of New- JfhtSb€!f [No. 1080.] AN ACT to legitimatize and change the names of Nancy ton county shall be, and he is hereby directed to surrender countyau- Daniel and Lucy Jane Daniel, to that of Nancy, up into.the hands of saidsecurities the property of said se- g^eTpUie Crisp and Lucy Jane Crisp. '\ ' curities heretofore levied upon, upon the said securities giving phr°pg^f The names Be it enacted by the Senate and House of Representa- bond with, good and sufficient security, payable to the State ties upon* Da^hTand tives of the-State of Georgia^ in General Assembly met, of Georgia, in' the amount Of the judgments upon said recog- ^"da^ong, Lucy Jane aigL it is hereby enacted by the authority of the same, That' nisances, conditioned to be Void only upon the delivery of changed, from and after the passage of this act, that Nancy Daniel 'said William T; Berry, into the hands of the sheriff of Mor- tegUi^hey aPd Lucy Jane Daniel; of Columbia, shall be known and gan county, or the keeper of the jail of said county, on or mated. called by the names of Nancy Crisp and Lucy JanC Crisp before the first day of January, eighteen hundred and thirty- - , and that the persons aforesaid shall be, and they are hereby one; and which bond so given shall be subject to be sued declared to be fully and completely legitimatized, and enti- upon in favour of the trustees of Madison, Morgan county, tied to all the rights and legal privileges that they would academy, and collected for their use, so soon as the condi- \ have been entitled to had they been born in lawful wedlock, tion thereof shall be forfeited, in any Court of law having and shall be Capable of inheriting all manner of property, jurisdiction thereof in this State, under and by virtue of the statute of distribution* so far as WARREN JOURDAN, . • relates to the real and personal estate of Moses P. Crisp, ( Speaker of the House of Representatives, their reputed father./ , WARREN JOURDAN. - / THOMAS STOCKS, \ Speaker of the House of Representatives. - * 1 President of the Senate. • • ' , THOMAS STOCKS, \ Assented to, December 22d, 1829.' < President of the Senate.► ' ' GEORGE R. GILMER, Governor. Assented to, December 22d, 1829. t - « . GEORGE Rk GILMER, Governor. ^ ' AN ACT for the relief of John Males, of Madison [No. io&j [,N°. 1O0id AN ACT to change the names of certain Persons therein . County. ' . > mentioned. Beit enacted by the Senate andHouse of Representatives Names of pe fa enacted by the Senate and House of Representa- of the State of Georgia, in General Assembly met, and U is "fMadisoa EST fme. [of the State of Georgia), in General Assembly met„and hereby enacted by the authority of the Same, That the jus- tered- it is hereby enacted by the authority of the same, That from tices olf the Inferior Court of said county be, and they are remit afor- and immediately after the passage of this act Eliza Sauls, hereby authorized, should they think proper so to do, to re-22535 Elijah Sauls, Henry Sauls, and Elias Sauls shall be called and lease the said John Hales from the payment of a judgment known by the names of Eliza Shuman, Elijah Shuman, entered against him, as one, of the securities for the appear- Henry Shuman, and Elias Shuman ; and William Sipith to ance of Sanford C. Clark'at a Superior Court of Said county, , that of "V^illiam B. Smith. ; drt the payment of all costs. WARREN JOURDAN, - WARREN JOURDAN, Speaker of the House of Representatives. ' Speaker of the House of Representatives. . THOMAS STOCKS, - THOMAS STOCKS, President of the Senate. ■ < , . President of the Senate. Assented to, December 18th, 1829. • Assented to, December 22d, 1829. GEORGE R. GILMER, Governor* < "■ • GEORGE R. GILMER, Governor. [351 J REPRESENTATION.—1824 [No. 1084.] AN ACT to' apportion the Representatives among the Clarke three, Columbia three, Crawford one, Decatur one, several Counties in this State according to the fifth De Kalb two, Dooly one, Early one, Effingham one, Elbert enumeration, in conformity to the seventh Section of three, Emanuel one, Fayette one, Franklin three, Glyiln the first Article of the Constitution. one> Greene three, Gwinnett three, Habersham two, Hall Preamble. Whereas, the seventh section of the first article of the three, Hancock three, Henry two, Houston one, Irwin one, constitution directs that the House of Representatives shall Jackson three, Jasper four, Jefferson two, Jones four, be composed of members from all the counties according to Laurens two, Liberty two, Lincoln two, Madison two, their respective numbers of free white persons, including Mcintosh two, Monroe three, Montgomery one, Morgan three-fifths of all the people of colour; in order, therefore, three» Newton two, Oglethorpe three, Pike one, Pulaski to apportion the Representatives of each county respectively, two, Putnam four, Rabun one, Richmond three, Scriven according to thS said fifth enumeration or census, two> Tattnall one, Telfair one, Twiggs three, Walton two, TheRepre- Be it therefore enacted by the Senate and House of Re- Warren three, Washington three, Wayne one, Wilkes four, among°the presentatives of the State of Georgia, in General Assembly Wilkinson two. JOHN ABERCROMBIE, action met' an^ ^ hereby enacted by the authority of the same, Speaker of the House of Representatives, appor ion That in future the representation of the respective counties k ALLEN B. POWELL, arranged shall be apportioned in the following manner, to wit: the President of the Senate, and their county of Appling one, Baldwin two, Bibb one, Bullock Assented to, December 20th, 18X4. representa- dne, Burke three, Bryan one, Camden two, Chatham three, G. M. TROUP, Governor. lions. RIVERS.—1820. [No. 1085.] AN ACT to keep open, remove, and prevent obstructions breach of this act, it shall be the duty of the said court to in the Chattahoochee, Flint, and Chestatee Rivers, cal- enter up separate judgments against such offender or ente/up0 culated to prevent the passage of fish, and the naviga- offenders, for a sum not exceeding twenty dollars for each tion of said Rivers by boats, so far as respects the such obstruction shall have continued; and the said ®2oefor Counties of Gwinnett, Hall, Early, and Habersham. iustice sha11 issMe his execution on the said judgment or each day. judgments so entered up, which execution shall be levied ^n1fe™®y To obstruct Be it enacted by the Senate and House of Representa- on the goods "and chattels, lands and tenements of such execution., rare-third^ tives of the State of Georgiain General Assembly met, offender or offenders, and sold agreeably to the laws regu- part of the and if is hereby Piacted by the authority of the same, That lating constables' sales.; and the money arising from such this section from and immediately after the first day of February next, fine or fines shall be paid into the hands of the said court, unlawful 'll not lawful for any person to obstruct or cause to one-half thereof to the use of the informer, and the remaining whether' be obstructed more than one-third part of the Chatta- moiety shall be paid by the said court to the clerk of the traps,' &c. hooehee or Chestatee rivers, as far up the said Chestatee Inferior Court, to be appropriated to the same use as other river as the forks in Habersham cotinty, by dams,' fish traps county funds. or other obstructions, and the main current of said rivers § 4. And be it further enacted, That Wilson Strickland, commis- shall at all times be kept open for the' passage of fish and Benjamin Plaster, and David Dixon are hereby appointed ®^|Jer,isV(for boats. commissioners for the county of Gwinnett; and Simeon appointed. No person §2. And be it further enacted, That no person or per- White, Thomas Bird, and Jesse Martin are hereby appointed Jaln'pow- penaityhof sonsi under the penalty of twenty dollars per day, shall dam, commissioners for the county of Hall; and JohnH. Jones, ers under $20 per stop, or obstruct the said Chattahoochee or Chestatee from Thomas Brooks, and WTilliam Shipley are hereby appointed thlsact" • flam'stop, the lower shallow ford in Gwinnett county up the main commissioners for the county of Habersham ; who shall the r^ver3.Ct c^anne^ °f "ver Chattahoochee to. the upper line of have complete power in their respective counties to survey Chattahoo- Habersham county, and up the main channel of the river and view any obstructions in the said rivers which may "be chestatee, Chestatee as far as the forks in said county ; but the same is considered in violation of the provisions of this act; and on &e. ' hereby declared to be, at least one-third part thereof, including their giving five days' notice to the person or persons, their the main channels, a free passage. agent or attorney, who shall obstruct the said rivers, or con- The Jus- § 3. And be it further enacted, That it shall be the duty tinue any obstructions now in said rivers, in violation of this Peace°fnhe any just^ce °f Peace> in whose district such offence act, then and in thjat case they shall have competent power whose Dis- or offences shall be committed, to issue his warrant, upon to remove or cause to be removed such obstructions, by offence*h information on oath of any free white person, commanding calling to their aid any number of their citizens in their re- commuted suc^ 0^enc^er or °ffen(lers to be brought before the court spective counties : Provided, nevertheless, that the said to toue a ' for said district at its. next regular term, to answer thd commissioners shall, before they enter on the duties of Mpo™taft>r- charge alleged against him, her, or them find such justice their said appointment, take an oath before some justice mation shall issue summons to compel the attendance of such wit- of the Inferior Court or some justice of the peace, that quiting' the nesses as may be thought necessary to establish or defend they will well and truly, and without partiality discharge the bfbro^ht sa^ c^ar§e» wh° shaH he subject to attachment for non- duties of their said appointment. before"Ifim attendance, or refusing to answer on oath such questions as §5. And be it further enacted, That the drawer or Drawers or the charge. may ke asked them ; and if upon such examination it shall owner of any Jot or purchaser or owner of fraction situate anynA VWA A Vk Al « ~ i. _ Z* A M AM 1 P®®** ing said putting fish to such lot or fraction, provided they should not obstruct lock or locks, by reason of the same being out of order the'sidea the free passage of boats. .( § 3. And be it further enacted, That nothing herein con- thereupon - 6* ^nd fatt^ier enacted, That the like provisions tained shall be so construed as to prevent the party sued by J^nto saidrflera. and penalties herein contained in relation to. said rivers be, indictment, information, or civil action, as herein provided, fuiidefS naitiesof6" an<* are hereby extended to and applied tq Flint river, from pleading and offering in evidence, before the court, or thisactto or far as the sarrie'may be within the organized' limits of court^nd jury, as the case may be, any matter of excuse or ingev" extendto ai. _ t r • ^ a e :_a < ,. . , _ a deuce. Flint river, this State, and that the Inferior Court o£_Early county ap- justification ; any lawtO the contrary notwithstanding, point commissioners to carry the said law into effect, so fat ' DAVID ADAMS, as relates to Flint river. : Speaker of the House of Representatives. DAVID WITT, , MATTHEW TALBOT, f Speaker of the House of Representatives. ' , President of the Senate. , MATTHEW TALBOT, Assented to, December 21st, 1820,' 1 . President of the Senate. ' JOHN 'CLARJK, Governor. Assented to, December 22d,v 1820. , , ; : —^ - 1 JOHN CLARK, Governor. AN ACT to prevent obstructions to the passage of Fish LNo. lose. / . > — ( , in the, Ocmulgee River and its Branches. LNo. 1086.] an ACT to repeal the third section of ah Act passed the Be it enacted by the Senate and Jlouse of Representatives obstrue- 15th of February, 1797, for the improvement of the of the State of Georgia, in General Assembly met, and it is ocmu'ige^ navigation of Brier Creek. hereby enacted by the authority of the same, That from, and "yer, sua Preamble. Whereas, the said, third section of the before recited act after the passing pf this actp it shall be unlawful for any Severn it, exempts all persons entitled, to work on said, creek from all person to place any obstruction to the passage- of fish in the duty on the public roads ; t ' Ocmulgee river and its principal branches, from its mouth certain The third Now be it therefore enacted by the Senate and House of Re- to the following' places, to wit: the high shoals of the Alco- S river the msited presentatives of the State, of Georgia, in General Assembly fauhatchee, the Snapping shoal of the [South river, and the j™1 'j8 act repeal- met, and ids hereby enacted bij the authority of ihe same, Cedar shoal on the Yellow riverand in all cases where declared"' That from and after the passing of this act the said third mills, fishdams, or,other obstructions to the passage of fishunlawfu1, ' section of the»aforesaid act be, and, the same is' hereby shall be erected, there shall bean open sluice of at least repealed. - twenty feet in width in the main channel of the stream over DAVID ADAMS, which fish may pass without difficulty! 1 Speaker of the House of Representatives. \ 2. And be it further enacted by the authority (foresaid, offenders V MATTHEW TALBOT^ That whenever the above streams shall have obstructions to ^s°^tolalJ . . President of the Senate, the passage of fish placed in them, the person or persons so 'Assentedto, December 18th, 1820. ' ' ' * ' offending shall be liable Jo an indictment for'a common foranui-n . . ' JOHN CLARK, Governor, nuisatiee before any court having cognisance of such c^ses, ,p pay a3"4 ' . ' hnd be subject to pay a fine of ten dollars per day for every fine. [No. 1087.] AN ACT to, amend the sixth section of an. Act, entitled - day such nuisance shall remain- unremoved ; the whole of . "An Act to render navigable that part of the Oconee which fine, shall go to the person giving information, and ' River situated between the mouth of Fishing\Creek, in prosecuting to judgment such violation of the laws. Baldwin County, and Hudson's Ford, at or near Bar- And be it further enacted by the authority aforesaid, Repealing nett's Shoals, in the County of Clark? . passed Ytth Thatalllawsandparts oflaws militating against this lawc ^ December, 1818, and the 8th section of an Act, entitled ^e' an^ the sa™e are hereby repealed. «• Ah Act to amend, an Act to render navigable that .*» Ufurther "f**■Th»» n.otWnS herein con-igg* part of the ^Oconee River situated between themduthof talne^ ^be-va construed ;as to authorize any other or a ^ ■ Fishing Creek, in Baldwin County, and Hudson's Er,eafr sluice through David Adam simr l-dam than >s pro- . Ford,it or near, Burnett's Shoals, inthe County of '5Alde* -for ^an act cfntlt'ed "4* Act-10 authorlze »aT1f SS. Clark" vassed 93d December 1819 ' *' . ^ ^ Adams,, of the county qf Jasper, to keep open a sluice v . . r •# ' * j x. 7i v ec , f'A: ' - ' ' ' . . through,his milldam, on the Ocmu'lgee river, within forty Syr", feetof the west bank of said river, for the free passage of good rl of the State of Georgia, in General Assembly met, and it ish the game » r)assed the 7th December 18^1 •SSJSSf My enaetedby the authority of the^ame, Tliat the locks ^ Up,the ..P""" dTvID ADAMS miiidams contemplated by the before-recited sections shall "be kept in , , •' . anPotPr 0f the Hmiw of "Rem^entaiives of the'oco- g°°d order by the owner or owners of any milldam or mill- , , ' , ^ MATTHEW TALBOT da,"s °"'*that W'/fhe Oconee rivpr mentioned m said ■ . . .President of the Senate/ SI ;L"" aect'onl' s° as t0 adf"u of !be safe and easy of auch Assented to, December 25th, 1821.. "geT boat or boats as may be used for the transportation of produce JOHN CLARK, Governor, boats, &cL or goods and wares and merchandise along the same; and ' . ■ , 1 , Sedieso,ns f°i" everyhour that any such'boat -or boats may be delayed ' - ' . [No.ioss-I shall beiia- by reason of such lock or locks being out of order, or in" a AN ACT to amend an Act entitled An Act to amend the Sy.ape~ situation not to admit such safe and easy passage, such several Acts heretofore passed for opening and keeping owner , or owners, his, her, or their heirs and assigns, or open the River Oconee, passed the AOth'December, agent or agents, shall forfeit and pay,to the party grieved, 1812. - v owners of his, her, or their heirs or assigns, or agent or agents, the Be it enacted by the Senate and House of Representatives miiisonthe sum of ten dollars, to be recovered by information or in- of the State of Georgia, in General Assembly met, and it is obi™«n" dictment, or by civil action, in any court having competent hereby enacted by the authority of the same, That the fourth cotshuci jurisdiction thereof. section of the aforesaid act shall not be so construed as to ways for JrsCofWa"y § And be it further enacted, That gny owner or owners oblige the owners of mills to construct slopes or ways for the be entitled any suc^ or boats, his, her, or their heirs or assigns, passage of fish ; Provided, the dams are so Constructed as proviso- to his'oivii or agent or agents, shall be entitled to his, her, or their to leave unobstructed one-third part of the river,'together thlTreco-0' remedy for the recovery of damages for any injury with the boat channel opened by Reid and Terrell, very of da- which his, her, or their boat or boats, or loading thereof, or • § 2. And be it further enacted, That , all laws and parts RIVERS.—1823. of laws militating against, this act be, and the same are alone, in. the said superintendents and their successors in hereby repealed. ° ALLEN DANIEL, . office, so soon as the said valuation shall be paid, or, if re- Speaker of the House of Representatives, fused, shall be tendered. MATTHEW TATjBOT, Art.- IV.—Before any work shall be begun on those President of the Senate, rivers, full surveys and detailed estimates thereof shall be Assented to, December 9th, 1829. made and presented to the Legislatures of both States ; and JOHN CLARK, Governor, for this purpose the Governor of each State shall appoint one commissioner; and these two commissioners within the INo. iooo.] an ACT to alter and amend an Act, entitled An Act to .next year shall cause the said surveys and estimates to be keep open the main channel of Broad River, passed on made, together with such plans as they may deem neces- the\Wi of December, 1809; also an Act authorizing sary; and to defray the expenses thereof, each Statd will Shaler IIill if er to build a Milldam across said river, ma^e an appropriation of five hundred dollars, if so much passed 8th December, 1815 ; and the Act of the 16th should be necessary. Ihe compensation to the commis- December, 1816, so far as respects the Commissioners sba11 b®,made ^ the'r StataB- therein named Art. V.—The works on these rivers shall be constructed t,., , . 7 '. j tt /,r> * under the superintendence of the superintendents, one to be Commis- Be it enacted by the Senate and House of Representatives . . . ,1 , 1 • . STL, of the State of Georgia, in General AeseJlp met, and appomted by each State These superintendents and he,r from the j , , s.» j7 -x m, , successors in office shall be known by the name and style of sr,h°7 »s f'orebv enacted by the authority of the same That . The S erintenden(-s ofthe Savannah Inland Navigation -sy u C as may b| necessary for f°t the purposes in said^acts .mentioned, and a majority of r'epairing! and protecting ihe said works, SKr Wh°m m eaf Case shal! have ^ P°7!r and auth0"ty m ^olIecfin aHu tolfs which may be imposed thereat. ST™ ev®Iy.™5P«tt.u was contemplated to be given to a Art_ ^IL_The said superintendents and their successors powC«. majonty of the commissioners appointed by the before- -n office shal, have fuU ^ (() estahlisb and from ,jme tQ recited acts ; any law to the contrary notwi^and.ng. ^ (o aUer Qr repeal s{;ch ra,es of ^ on boatg> rafls> and ci i c xi- tt fD xx- other vessels passing the said works, or on the goods ladened Speaker of the House of Lepresentatives. (|aden) on ^ ag ^ may ^ jug, and pro. 1 , x e f i' •, per; to cause the same to he collected and deposited with Assented to December 21st 182* 9 a treasurer t0 be bf them aPPointed i to ™ak? a" TegT ' ' lations for the passage of boats, rafts, and other vessels through the said works ; and generally to do and perform com- and for JOHN CLARK, Governor. tno loqn a at xi j'n x- 7 x j7 such acts and make such ordinances as are necessary for [No. 1091.] AN ACT to ratify the proposed Convention between the completingi repairing, preserving, and rendering productive States of south Carolina and Georgia, relative to the Works Savannah and Tugalo Rivers. Art. VIII.—The toll imposed on boats, rafts, and other Preamble. Whereas, a convention has been proposed on the part of vessels, or the goods ladened (laden) on board thereof, be- South Carolina, relative to the improvement of the naviga- ionging to one State, shall be the same as the tolls imposed tion of Savannah and Tugalo rivers, in the words following, on the boats, rafts, or other vessels, or the goods ladened t0 Wlt: (laden") on board thereof, belonging to the citizens of the CONVENTION ^ ither State. Between the States of South Carolina and Georgia, relative Art. IX.—In case there should be worked in either to the Savannah and Tugalo rivers. State any mine of iron, lead, or coal, or any quarry of amven-0f Article I:—The expense of improving and rendering lime, gypsum, marble, or other building stone, the State in tion. navigable the Savannah and Tugalo rivers so far as they which such mine or quarry is situated shall have the e-xclu- form the boundary of the two States shall be borne equally sive right to fix the rate of toll on the products of such mine by South Carolina and Georgia. or quarry, and the boats employed in transporting the same. Art. II.—Lands, required for this purpose on the river Art. X.—All tolls collected on the said rivers in pur- may be purchased and held in the name of the superin- suance of this convention shall be applied and expended in tendents of the Savannah Inland Navigation, and their sue- the manner following:—first, in keeping in repair and de- cessors in office; but the jurisdiction over the lands thus fraying the current expenses of the said works; and, se- acquired shall remain in the State in which they are situated, cond, in making such further improvements in the naviga- Art. III.—When the said superintendents and the owner tion of the said rivers as the Legislatures of the said States or owners of such lands cannot agree as to the price thereof, may order. When such further improvements are not so or where from any other cause the surrender thereof can- ordered, the tolls shall be reduced as merely to repair, renew, not be obtained, the said lands may be taken at a valuation, and keep the said works in perfect operation, to be made by the majority of five commissioners, to be ap- Art. XI.—The State in which any canal may be cut, or pointed for that purpose by the court of Jaw of the county or other work erected, in pursuance of this convention, shall district in which the lands are situated ; and the lands so not cause or permit the same to he demolished or impaired valued ghall vest, for the nnrposea of the said navigation \yithout the consent of the other State, but each shall pass Yy 354 RIVERS.—182*. * - such laws as may be necessary to preserve and pretect the AN ACT to lay off, defineand keep open the main tN°- 1093 P said works. ^ , channel of Broad River so as to prevent the obstruct Art. XII.—The Legislature of each State will make t{on 0f the free passage of Fish, and to appoint Com- such appropriations for improving the navigation of the said missi&nersfor'the same. rivers as it may deem necessary, and the smallest appropria- > tion made by either State shall form one-half (of) the whole Be it enacted by the Senate and House of Representa- The main appropriation for that purpose. tires of the State of Georgia, in General Assembly met, and Broad river Art. XIII.—All payments for work done shall be made it is hereby enacted by the authority of the same, That from by drafts on the State treasurer, signed by both superintend- and after the passing of this act, the commissioners herein- offfromtiu? ents, and when they draw on the treasury of one State, they after named shall have full power and authority to survey, or shall draw for an equal amount on the treasury of theother., cause to be surveyed andjaid off, the main channel of Broad fork to iu Art. XIV.—One of the said States shall not be answer- river from the north' and Hudson's fork in Franklin county with ale* able for the drafts of the said superintendents on the trea- to its confluence with Savannah river. * • Savannah. , sury of the other State. , . § 2. And be'it further enacted, That said commissioners, The main Art. XV.—Each shall' pay the salary and personal ex- or a majority of them, are hereby empowered to reserve and penses of its' own superintendent, and shall determine the keep open for the free passage of fish the one-third part of third part period for which he shall be elected. said river in width including the main, current thereof, from Jfvj£et0 be- Art. XVI.—When a question occurson which thq super- said fork to the confluence of said river with Savannah river, kept open, intendents cannot agree they shall call into their consulta- § 3. And be it further enacted, That it shall not be lawful No ob- tion the principal engineer, and he shall be entitled to vote for any person or persons to obstruct by dams, traps, or any b/dam^ on that, and a majority of votes shall decide it. other thing or things, any part or portion of said river so traps, &c. s Art. XVlI.—When the work is commenced, if a vacancy, laid pff and set apart for the purposes mentioned in this act. aUowe<1, of one of the superintendents shall occur the principal § 4: And be it further enacted, That if any person or Proceed- engineer shall fill his place till a regular appointment is persons shall Obstruct or cause to be obstructed any part of j,"egn^ made. , said main chanfiel, it shall be the duty of said commissioners, against And whereas, it is deemed expedient, to accept said eon- or any one of them,,to give the person or persons so offending who'shaii: mention; three days'notice to remove such obstruction 9 and on such So soon as Be it, therefore enacted by the Senate and House of Re- person or persons failing or refusing so to do, he, she, or channel. ; foHna shall presentatives^ of the State of Georgia, in General Assembly they, on proof, and conviction thereof in any justice's court aSesaid met' and ^ Jiere^y enacted by the authority of the same, having cognizance of the same,'be sentenced to pay a sum the same . That as soon as the State of South Carolina shall pass an not exceeding twenty dollars for every twenty-four hours XnS? act adopting the foregoing articles, the same shall form a such obstructions shall remain after service of such notice ti°n be- convention'between the States of South Carolina and Geor- Provided, such obstructions shall not be caused by freshets. Proviso.*, saufstate gia; for improving the navigation of the Savannah and Tu- § 5. And be it further enacted, That Lindsay Johnson, commit galo rivers, and shall not be altered without the consent of Claiborn Webb, Hugh ty. Gehee, and Simeon Olivdr, of both States ; Provided, that nothing in this act or conven- the county of Elbert, be,'and they are hereby,appointed com- saidriver.. ' tion,shall, be construed to imply a concession on the part of missioners of said river from the junction of the north and this State of any right in the State of South Carolina other south forks of said river to the junction of the same with * than to the navigation of the said river Savannah, or,a waiver Savannah river; and that Russell. I. Daniel, of Madison* of the claim of this! State to the jurisdiction and sovereignty county, John Dudley, of Elbert county, Charles Tuggle, of of this State-over the said river to the northern bank thereof, Madison county, and Richard. C. Bond, of Franklin county, and of its exclusive right to all the islands of the same. f be, and they are hereby appointed commissioners of said DAVIp ADAMS, river, from the junction o£ tl^e north and south forks of said Speaker of the House of Representatives, river to the junction of 'the north and Hudson's forks of THOMAS STOCKS, - said river. ! , President of the Senate. § 6. And be it further enacted, That sakf commissioners, Comma- Assented to* December 20th, 1823. •- pr a majority of them, shall have full power to carry into Or. M. TROUP, Governor, effect this act within their several boundaries, by calling to ®^ttibnt'^i —their assistance ,such number of the free white citizens of ^ on uw [No. 1092.] AN ACT to authorize JVilliam Garner tobuild.a dam their respective counties as they may deem necessary to ^lcizenf' on the Chattahoochee River adjoining his oum land, for remove such obstructions as they may at any time find in thepiirpose of erecting a Mill. ,said main channel: Provided, said commissioners shall not Proviso. William Be it enacted by the Senate and House of Representatives cause such person or persons so summoned to serve more torizedato of the State of Georgia, in General Assembly met, and it is than three days at any one time, nor more than six days in kuiidadam hereby enacted by the authority of the same, That from and any one year. ' , Chattahoo-after the passing of this act William Garner, of Gwinnett v § 7. And be it further enacted, That if any person so Penalty on purpose'of county> be, an(^ *s hereby authorized to build a dam on summoned shall neglect or refuse to assist said commissioner meeting a ^such part of the Chattahoochee river as may suit his conve- oi1 commissioners, after reasonable and due notice given, nience for the purpose of erecting a mill on the same: P>ro- xsuch person or persons so neglecting or refusing shall forfeit sioners. Proviso, vided, nevertheless, that nothing herein contained shall and pay a sum not exceeding five dollars for each day he authorize the said , William Garner to erect his milldam shall so neglect or refuse to serve, to be recovered before across more than one-third part of said river, or obstruct any justice's court in the district where such person or per- the main channel of the same. sons reside, to be applied to the clearing out such obstruction clause'118 § 2. And be it further enacted by the authority aforesaid, or obstructions. 6 ause' That all laws militating against this act be, ahd the same . § 8'. And be it further enacted\ That' all laws or parts are hereby repealed. • * ' of'laws militating against this act be* and'the same arecau , JOHN ABERCROMBIE, hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. Speaker of the House of Representatives; ALLEN B. POWELL, , ALLEN B. POWELL, President of the Senate. President* of- the Senate. Assented to, December 20th, 1824. Assented' to, December 18th, 1824. G. M. TROUP, Governor; G. M. TROUP,1. Governor. and Geor- gia.* Proviso, RIVERS.—1825. 355 •INo. 1094.] AN ACT to keep open, temove, and prevent obstructions in the Ohoopie River calculated to prevent the free passage of Fish of said river, so far as respects th$ Counties of Tattnall and Emanuel. nit owed "to it enacted by the Senate and Ilousq of Representatives obstruct ° of the State of Georgia, in General Assembly met, and it is one^aifof hereby enacted by the authority of the same, That from and the Ohoo- immediately after the passage of this act it shallN not he for ar'cer- lawful for any person or persons to obstruct, or cause to be tanceb obstructed,more than one-half of the main source of said dams, y river from the Altamaha up to the fork, thence up each fork traps, &c. tQ ^ distance of twelve miles above, by dams, hedges, fish- traps, or any other obstruction calculated to stop the free passage of fish. Penalty on § 2. And be it further enacted, That any person or per- sons so offending shall forfeit and pay the sum of twenty dol- structjng lars per day ; which fine or fines to be recovered before any said river. justice 0f the peace in the district where* tjie offence may be ■Committed, under the same rules and regulations as other •debts are, on sufficient proof being had thereon ; any law to the contrary notwithstanding. JOHN ABERCROMBIE, ( Speaker of the House of Representatives.' ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. INo. 1095.] AN ACT to alter and mare effectually to .carry into effect an Act to prevent obstructions to the passage of Fish in the Ocmulgee River and its Branches, passed on the twenty-fifth day of December, one thousand eight hun- dred and twenty-one. Preamble. Whereas, great inconvenience has been experienced in carrying into effect the above-recited act, in consequence of the main channel of the Ocmulgee river being undefined and difficult to ascertain in courts having jurisdiction thereof, whereby the object of the said act may be entirely defeated ; for remedy whereof, Soner-of ^ enacte<^ ty the Senate and House of Representa- the"ocmui- tives of the State of Georgia, in General Assembly met, and appointed ^ hereby enacted by the authority of the same, That Ro- in Bibb bert Coleman, Edmund C. Beard, and John Lamar be, and County. are hereby appointed commissioners in and for the in Jones county of Bibb ; and that Peter Rockrnore, Matthew Mar- County, shall, William Clark, William Middlebrooks, and Isaac Downes are hereby appointed commissioners in and for the county in Monroe, of Jones ; and that John J. Harper, George A. Brown, and Zachariah Philips are hereby appointed commissioners in and in Jasper, for the county of Monroe ; and that Edmund Jenkins, Ro- bert Bickerstaff, John Bean, John Sparks, and Stokely Mor- gan are hereby appointed commissioners in and for the In Henry, county of Jasper; and that Francis Douglas, William Bur- ton, Jethro Barnes, Joseph Greene, and William Barkley are hereby appointed commissioners in .and for the county in New- of Henry ; and that Hezekiah Luckie, Jack Wellborn, Mi- ton' chael Whatley, John Smith, and John Bass are hereby ap- pointed commissioners in and for, the county of Newton : Toascer- who, or a majority of whom, shall have complete power in maVchan-their respective counties to survey, view, ascertain, and de- nei of said signate the main channel of the said Ocmulgee river and its v ' bfanches,' thirty feet in width of which is to be kept open, according to the provisions of the said before-recited act; and To have they, or a majority of them, are hereby further authorized, keptopen in their respective counties, to say and designate where in widleyfeet *'ie ma^n channel of said river a sluice of thirty feet in To cause width shall be kept open ; and upon such view and survey of tion'swhich the sa^ r^ver an(^ 'ts branches they, or a majority of them, may im- for their respective counties, shall find any obstructions to free6pas- the free passage of fish in the said main channel, proper to io8be°re^sh c^eare(^ out an(i removed for. the'purpose of keeping open moved. Y y 2 a sluice of thirty feet in width in the said mp.in channel, afe hereby further authorized, upon giving five days' notice to all persons concerned, to remove or cause to be removed such obstructions, by calling to' their aid if necessary any number of citizens in their respective counties ; Provided, Proviso, that the said commissioners shall, before they enter upon the duties of their said appointments, take an oath before some officer authorized to administer an oath, that they will well and truly, and without partiality, discharge the duties of their said appointments. § 2. And be it further enacted by the authority aforesaid, Repealing That all laws or parts of laws militating against this act be, ° ause" and the same are hereby repealed ; Provided, nevertheless, Proviso, that nothing herein contained shall be so construed as to au- thorize any other or greater sluice through David Adams's milldam than has been heretofore provided for by law. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November 25th, 1824. G. M. TROUP, Governor. AN ACT to amend an Act, entitled An Act to lay off, [No 1096.3 define, and keep open the Main Sluice of Broad River, so as to prevent the obstructions of the free passage of Fish, and to appoint Commissioners for the same, passed the eighteenth December, eighteen hundred and twenty four. Be it further enacted by the Senate and House of Re- Commis^. preventatives of the State of Georgia, in General Assembly Broad met, and it is hereby enacted by the authority of the same, p'Ji®rte^p" ' That Linsay Johnson, Philemon R. Wilhite, William C. Morgan, Milton P. Webb, and William Gilmer be, and they are hereby appointed commissioners of Broad river, from the junction of the north and south fork of said river to the junction of the same with the Savannah, with the same power and authority as were vested in the commissioners appointed for that section of the river by the before-recited act; that William Nelms, Isaac Callaway, and Russel J. Daniel be, and they are hereby appointed commissioners for said river from the junction of the north and south forks to the junction of the Hudson, with the same power and authority as were vested in the commissioners appointed by the aforesaid act; and that James Jones, Sterling Harris, Joseph McEntyre, be, and they are hereby appointed commissioners of the Hudson river, with the junction of the same with the North river to the junction of Grove river, with the same power and authority as were given to the commissioners of Broad river by the before-recited act. § 2. And be it further enacted, That when any vacancy Vacancies may happen by death, resignation, or refusal to serve, the how fiUed* remaining commissioners of the section where such vacancy may occur shall immediately proceed to fill the same. § 3. And be it further enacted, That all laws militating against this act be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT to provide for the improvement of the Navi- [No. 1097.] gatjon of certain Watercourses therein expressed. Be it enacted by the Senate and House of Represent- $20,000 ap- atives of the State of Georgia, in General Assembly met, to improve and it is hereby enacted by the authority of the same, That tufn'ot^the the sum of twenty thousand dollars be, and the same is hereby appropriated for the improvement of the naviga- i"^car- tion of the Oconee river below Carter's bridge, opposite ter's bridge. 356 RIVERS.—1826. Millcdgeville; and that Tomlinson'Fort, Seaton Grantland, Governor a correct report of their proceedings, to be by ^ pointed Farish Carter, David Blackshaar, and R. A. Blount, be, and him laid before the General Assembly at the commencement Leguia creuonary ^ey are hereby appointed Commissioners to manage said of each session. . ... ture' powers, work, with full power, or a majority of them, to draw said^ §10. And be it further enacted, That if at any time it Provision , sum or any part thereof at any time by warrant from the Go- shall appear to the commissioners of said river, or a majority yaveg pur. vernor, and to exerciser general discretion as to the manner of them, that the slaves thus purchased are no longer required j£^ddbe , of effecting said object, and to employ such artists, assistants, for the improvement of the navigation of said river, then it no longer or managers as they may deemi necessary to carry said ob- shall be their duty to communicate the same to the Legis-required reco/dof* ject into effect, and that they be required to keep a fair record, lature, who shall direct in what manner said slaves shall be theiracts, and report their actings and doings to the next Legislature, disposed of for the benefit of the State. ?o" the next § 2. And be it further enacted, That the present Oconee §11. And be it further enacted, That Dr. James Troup Additicmai Legisia- navigation board be, and they are hereby required to turn and Roswell King, jun. be hereby appointed 6ommissioners Eionereap- The' over to the said commissioners, as early as practicable, all of said river Alatamaha, in addition to those already ap- ported. vig£itfon^a" Public property now in their hands, negroes, implements, pointed. / Board to &c., to be employed in the promotion of the objects con- ' .§ 12, And be it further enacted, That the'sum of ten thou- $rld>^'aP- tothem" tained in the foregoing section; any law to tbe contrary not- sand dollars be, and . the same is appropriated for the im- forth/pur- handsbliC withstanding. , provement of the navigation of the Chattahoochee river, to piemeats™' §3. And be it, further enacted, That the sum of ten be paid to the commissioners that may be appointed to su- navigation $10000 ap- thousand dollars be, and the same is hereby appropriated for peririterid the improvement of the navigation of said river, hoShe"1" pro'priated the purpose of removing.obstructioris* and clearing out the on their giving bond to his excellency the Governor for the river- o°bsfruc-ve channel of the Ocmulgee river, commencing at Macon, on faithful discharge of their duty; and that Jacob R. Brooks, commis- clear out saac* "ver' an(*so ciearing out the channel of the Ocmulgee of De Kalb, Edward Featherstone, of Gwinnett, Richard p(Jf the chan- river as to render it, so far as is practicable, navigable for Winn, of Hall, Joseph Morris, of De Kalb, be, and they are superin- ocmulgee boats up to the mouth - of the Alcovahatchee, in Jasper hereby .appointed/commissioners to superintend the im- same!** river. county, on said river, thence to the.Cedar shoals, on Yellow provement of the Chattahoochee river above the Coweta river, and to the^ Snapping shoals, on the South river, and to- Falls ; also the'Sum of five thousand dollars for the naviga- the High shoals,"on the Ulcofahatchee. • \ tion of Ogehchee river below the mouth of Rocky Comfort chM fiver. Said sum ,§4. And be it further enacted, That, the sum hereby creek: Provided, nevertheless, that the Governor shali not Proviso, placed in' appropriated be set apart out of any money in the treasury draw bis warrant for the said sum until the Ogeechee navl- ,of ^ . commis- by warrant from the Governor and placed in the hands (of toll on said river.' , . . • . hereafter the commissioners hereinafter»named ; that said commis- § 13. And be it further enacted, That Andrew Byrd, named. sioners, or a majority of them, shall proceed to the discharge Robert Burton;, Thomas Jones, Michael Shellman, Asa SfTver of their duty in such manner as inay in their judgment seem Holt, and John Love be appointed commissioners to carry app°wled- most likely to promote , the object of this appropriation ; the same'into effect. a majority >that a majority of said commissioners shall at all times be § 14.' And be it further enacted, That the Governor shall TheGo- toact?tent competent to transact business; and should any vacancy have power fo fill all vacancies that may occur in said board, fifi'vacan- vacancies. 0cCur in said board of Commissioners, it" shall be the duty of § 15. And be it further enacted, That the sum of twenty |2o'ooo for . the Governor, upon its being made known to rhim by the thousand dollars be, and the same is hereby appropriated the im- remaining commissioners,, certified by them,: to fill'such for the improvement of the navigation of the Ocmulgee Sf°thfoc- vacancy. , ' river below Macon. . commis- § 5. Ah^ be it further enacted, That, Charles Philips and § 16r And be it further enacted, That James Oliver, of con. of "he Oc- Mickleberry Ferrell, of Jones county, George A. Brown, of Twiggs^ John L, Lampkin, of Telfair, John Rawls, ofPu- comS*1 muigee ( Monroe county, David Adams artd William Scotf? of Jasper laski, and Robert Brown, of Houston county, be appointed sioners ap- pointed^" county, Hugh W. Ector, :of Butts county, Tarpley Holt, of commissioners in addition to those already appointed for poinle Bibb county, Soloman Graves and Harrison Jopest of New- said river below Macon. ' ' ton county, and Jethyo ..Barnes, of Henry county, be, and §17. And be it further enacted, That the foregoing dp- praadn^ -they are hereby appointed commissioners to carry into effect propriations shall be paid in Darien money by the treasurer Hons to-be ^ so much of the above-recited act as relates to the improve- of the State. ' , , ' ■ Jtenmo-*" ment of the navigation of the Ocmulgee river. , "' , § 18. And be it further enacted, That none of the sums ^dsums Said Com- § 6. And be it further enacted, That said commissioners, appropriated by this act shall, be drawn from the treasury not to be to make an or a majority of them, shall make an^nnual report to each ^ until the'engineer shall have examined the rivers therein tii^heen-"" portUtoriie succeeding Legislature of all disbursements made by them, named, and that such examination shall be made as soon as . Legisia-, and in what manner disbursed ; that' the commissioners and practicable, beginning with such river as is most important amined ture- their successors in office shall at all times be under the cop- to the commerce of the State, and the improvement of which saidriwrs- trol of the Legislature. ' shall yield the greatest public benefit, and proceeding in propriated" § ^farther enacted,'That thesum of twenty like manner until the whole are examined; such prece- to improve thousand dollars be, and the same is hereby appropriated dence to be determined by his excellency the Governor and tton"of toe improvement of the navigation of the ,river Alata- the engineer. ThecUm3' ma^?' and,that the commissioners of said river, or a majority § 19. And be it further enacted, That it shall be tbe missioned °f them, be authorized to draw upon his excellency the Go- duty of the engineer, so soon as he may complete a survey, rivermi- vernor f°r such partor parts of the above-named sum as shall to report the same to the several sets of the commissioners uiorized to from time to time be required for the purpose above named, herein named, advising them of the points in the greatest same. § 8. And be it further enacted, That it shall be the duty need 6f improvement, and of the cheapest and most expe- ch°aseUr" ^9 commissioners of said river to purchase slaves with ditious and effectual mode of progressing with the work, slaves with the above-named sum, or'such part thereof as shall be. / IRBY HUDSON, said sum. deemed proper for the purpose of carrying into effect the Speaker of the House of Representatives. objects of this appropriation. ' , THOMAS STOCKS^ reporfto 3 § Arid be it further enacted, That it shall be the duty President of the Senate. theGo. of the commissioners of said river, on the second Monday Assented to, December 26th, 1826. .* v in'October in each year, to transmit to his excellency the G. M. TROUP, Governor. RIVERS.^1826. 357 INo. loos.] AN ACT to appropriate Money to improve the Naviga- tion of the Savannah River, $20,000 ap- Be it enacted by the Senate and House of Represent- foTihefiul- atives of the State of Georgia, in General Assembly met, ^uvin^ub- an^ *s hereby enacted by the authority of the same, That structions the sum of twenty thousand dollars be, and the same is ?annab a" hereby appropriated for the purpose of removing obstruc- river and tions in the Savannah river below Augusta, and of improv- Snaviga- ing and deepening the channel of that river, so as to render steamboats ^ fomes navigable for steam-boats. Liow Au- § 2.' And be it further enacted, That the sum hereby ap- iaidsum propriated be placed at the disposal of the Governor, who aPP°'nt three or more commissioners to superintend tileGo- the contemplated work, and that the commissioners shall be The°Go- instructed to proceed to the discharge of their duty, with H vemor to; the. means which may be given them by this State alone, or Commis- to act in concert with any commissioner or commissioners sioners. whQ may be appointed on the part of South Carolina, and furnished with adequate means of co-operation, as to them may seem best for the interests of Georgia. Theengi- § 3. And be it further enacted, That the principal engi- tend the1" neer of the State shall attend the said commissioners, and Commis- gjve them his aid so often and as long as they may find his assistance necessary. a survey § 4. And be it further enacted, That so soon as practi- nation of1" cable after the passing of this act, a survey and examination fromAn- maf^e °f su°h portion of Savannah river as lies be- dersonviiie tween Andersonville and Augusta ; such examination to be !£beUmade made by the engineer or his assistant in concert with such by the en- engineer or assistant as may be appointed on the part of the gineer D * 11 1 State of South Carolina. And when such survey shall have been made and reported to the board of commissioners here-' inafter appointed, it shall and may be lawful for said board to draw upon the treasury for such surhs as may be necessary to carry on the improvements on said river contemplated by Proviso, this act: Provided, That the said board shall not have authority to draw more than one-fourth of the appropriation ( herein made at any one time, nor oftener than once in three months. Commis- § 5. And be it further enacted, That William Jones, of 'pointed for county of Lincoln, Archibald Stokes, of the county of between' -^kert, ^ R* Tankersley, of the county of Columbia, Anderson- and Zachariah Bowman, of Elbert county be, and they are Augusta1 hereby appointed commissioners to carry the provisions pf this act into effect, and that they proceed to the duties of said appointment as soon as they shall be notified of a simi- lar appointment and equal appropriation made on the part ir$20,000 of the State of South Carolina, and the sum of twenty* appropn- dollars ig hereby appropriated to carry this act into effect, as far as the same relates to said portion of said river between Andersonville and Augusta, j The Go- § 6. And be it further enacted, That in case either or all j supply va- of the commissioners hereinbefore named should decline to I anion68 th ac*' lawful for his excellency the Governor to sup- iCommisl 6 ply their places; and whenever vacancies may occur in 1 Moners- said board he £hall have power to fill them, and in all 1 cases a majority of said board shall be competent to the j transaction of business, niiuothe1 § 7- And be it further enacted, That his excellency the Governor' Governor be requested to transmit to his excellency the ^ Carolina a Governor of South Carolina a certified copy of this bill i copyofthis as soon as the same shall receive the formalities of a law. * '' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1826. G. M. TROUP, Governor. tNo. 1099 j AN ACT to amend the several Acts of the Legislature now in forcetoprevent encroachments on the River Savannah, within the jurisdiction and limits of the city of Savan- nah, and to alter and amend the fourth section of an Act, passed the twelfth of December, eighteen hundred and fifteen, entitled An Act supplementary to an Act, entitled An Act to regulate the pilotage of vessels to and from the several Ports of this State. Whereas, the true line of low water mark of the wharves rreambie. in the city of Savannah on the Savannah river has never been ascertained, or if ever ascertained is now lost; and whereas, there is now no record or vestige of any such line, or of any line run by commissioners appointed to designate the proper fine of wharf heads on the said river, within the jurisdiction and limits of the city of Savannah ; and w hereas, repeated encroachments cn the said river require legislative interposition to put a stop thereto, by designating a line be- yond which there shall hereafter be no encroachments ; Be it therefore enacted by the Senate and House of Repre- Commis- sentatives of the State of Georgia, in General Assembly met, p°£ted taP" audit is hereby enacted by the authority of the same, That Al- cause tobe exander Telfair, John W. Long, H. D. Greene, J. P. Henry, accurate George W. Anderson, Benjamin Edward Stiles, W. J. Hun- ^wharf ter, 1. Minis, Abraham Nichols, Alexander Hunter, Francis heads with- Sorrell, be, and they are hereby appointed commissioners, dfotfon'of3" and are vested with full power and authority, and are hereby ®a^nah required forthwith to cause to be made an accurate survey river, of the wharf heads on the river Savannah, within the juris- diction and limits of the city of Savannah, and to run or cause Linyo^be to be run a line from the western end of the uppermost or [^western western wharf head in the said city to the eastern end of10 the.®a®t" • 1 /» h 1 • T • T • CrW Wha" the lowest or most eastern wharf head in the said city, so head. as to embrace within the said line all the wharf heads which are now actually erected, and so as to correspond as nearly as may be with the natural course of said river. § 2. Andbe it further enacted, That the said commissioners Duty of the J • i i • , + Commis- in running the said line, or causing the said line to be run, signers in shall cause the same to present as uniform a front of wharf ^""^1 to' heads on the said river as may be without injury to the navi- be run said gation of the channel of said river, or to the wharf heads lme" already erected, and shall cause the said line to be run in as direct and straight a course as shall be consistent with these objects, and with the natural course of the said river ; and it shall be the duty of the said commissioners to cause to be erected and fixed at the points of commencement and termination of said line a post or pillar of somfi durable and imperishable material, and in like manner to cause to be erected and fixed a post or pillar of like waterial at each point in the course of the said line at whicA the same shall diverge from a direct line ; and it shall further be the duty of the said commissioners to cause to be ascertained by accurate , measurement the bearings and distance of each post or pillar so to be erected and fixed as aforesaid from some natural and permanent object in its vicinity, or from some ascertained and determinate point of the corporate lines of the said city, so as to designate the sj»ot in which such post or pillar should be in case of loss of removal ; and it shall further be the duty of the said commissioners to cause to be made a plat, chart, or map of the said line, showing the points of commencement, termination, and divergings of such line from a direct course, the bearings of such line, the distances between each post or angle of such line, and also the distance of each post from such natural object or ascertained point of the city line from which it shall have been measured as aforesaid,, and to cause the same to be ac- curately copied and recorded in the office of the clerk of the Superior Court of Chatham county, on the minutes of the city council of Savannah, and in the office of the secretary of state. § 3. And be it further enacted, That the said line when Said line, so run and ascertained as aforesaid by the said commission- Pandas- ers shall be held and considered, and is hereby declared to be the true line of wharf heads on the said river within the deredastiw true line of 358 RIVERS.—1828. wharf jurisdiction and limits of the city of Savannah, beyond which § 4. And be it further enacted,' That if any person or « saWriver. there shall be no encroachment under a penalty of two persons shall obstruct or cause to be obstructed any part obstruct^ «ncroacb?r ^ousan(^ dollars for every foot so encroached, to .be ,reco- of said main channel, it shall be the duty of the said com- toesanm, 1 anent^how vered at the instance of the commissioners of pilotage for the missioners or any one of them to give the person or persons andhow kar an(* "?er Savannah, to be applied by them to the im- so offending three days' notice to remove such obstruction, applied, provement of the navigation of the river Savannah; and they, and on such person or persons failing or refusing so to do are hereby empowered and required to cause any such en- he, she, or they shall, on proof and conviction .thereof in croachments to be removed* and the costs and expenses of any justice's court having cognizance of the same, be sen- - said removal is hereby declared and made a charge'upon the tenced to pay a sum not exceeding twenty dollars for every wharf lot from which any such encroachment shall be made, twenty-four hours such obstruction shall remain after service and may be recovered by distress and sale of such Wharf of such notice^ Provided, such obstruction shall not be lc)t and improvements, notwithstanding the forfeitures herein- caused by freshets. . Further before expressed. v § 5. And be it further enacted, That Theodrick Montfort, Commii. preamble. ^n(j whereas, the requisition made by the fourth section of Janfes R. Cargill, and Peter How, of the county of Craw- , an act of the Legislature, passed on the twelfth December, ford, be, and they are hereby appointed commissioners of appoint eighteen hundred and fifteen, entitled An Act supplementary said river so far as the said river touches the county of to an act entitled An Act to regulate the7 pilotage of vessels Crawford; that William Williamson, William Towns, and to and from the several ports of the State, for the attendance Springer Gibson, of the county of Upson, be, and they are of seven tnembersof the board of commissioners of pilotage hereby appointed ^commissioners of said river-so far as the for the bar and river Savannah to constitute aboard, is un- "said river touches the county of Upson; and that Ethan , necessary and tends only to retard, embarrass, and obstruct Strond, Reuben Westmoreland, and Jonathan Philips, of .the ,the business of the said board ; for remedy whereof, • county of Pike, be, and they are hereby appointed commis-- The Chair- § 4. Be it enacted by the authority aforesaid, That from sioners of said river so far as the said river touches the said BoardVf16 an^ Bfter the passage of ,lhis act, the chairman of the board county of Pike. Sonera of °f commissioners of pilotage for the bar and river Savannah § 6. And be rit further enacted, That Wyatt Heflin, CertaiA • Pilotage for and any t\yo or more members of the said board shall con- Gilbert Gray, and Manson Glace be, and they are ap- ^-^ riveroVSa- stitu*e a bbard, and shall have full power and authority pointed commissioners of the north-east prong of Flint aPP°iDtci andlwo' to transact business and matters with which the said com- river, so* far as the same runs through Fayette county to the members -missioners,of pilotage are intrusted • Provided always, never- -three forks above Dixon's bridge ; and Robert Westmore- tute a°nstl" theless, that twenty-four-hours' previous notice of any con- land, William Morgan, and Cheadle Cochran be, and they Board. template^ meeting of the said board shall Bp given to each are appointed commissioners of the south-west prong Proviso, mernber of the said board who shall be in .the city of Sa- of Flint fiver so'far as the same runs through 'Fayettte vannah at the time of such contemplated meeting of the county to Ware's mill; to keep the said prongs open eight said board. . feet wide for the free passage of fish. v clause''"8 § And be it further enacted, That all laws or parts of § ?• And be it further enacted, That said commissioners, commim laws'militating with this act be, and the saine are hereby or a majority of them,' shall have full power to carry into ®ianrn^rJll" repealed. IRBY HUDSON, effect this act within their several boundaries, by calling toaciintorf- Speaker of the House of Representatives, their assistance such number of the free white citizens of in^any *, THOMAS-STOCKS, their respective counties as they may deem necessary tore- President of the Senate, move such obstructions ds they may at any time find in said their aid. Assented to, December 23d, 1826. main channel; Provided, said commissioners shall not Proviso. * G, M. TROUP, Governqr. cause such person or persons so summoned to serve more than three days at any one time, nor more than six days in - any one year. [No. lioo.] AN ACT U lay off, define, and keep open the main § '8- And he it further enacted, That if any person so Penalty« channels $ Flint and Chattahoochee Rivers so as to summoned shall neglect or refuse to assist said comffiis- Ef„sing „ prevent the obstruction of the free passage of Boats sioners after reasonable and due notice given, such person »*£ and Fish, ani to apphint Commissionersfor the same ; or Per?0"3 so neglecting or refusing shall forfeit and pay a also to appoint, om Commissioner, for the Ocmutgee sum. n,ot e«e;d'"f d°»"s for each diiy be shal so /t . f tt * a neglect or refuse to serve, to be recovered before any jus- , e County of Henry. tice'.s court in the district where such person or persons re- ehannet'of ^ enacied the Senate andi House of Representa- side, to be applied to the clearing out of such obstruction or Flint river tines- of the State of Georgia, in General Assembly met, and obstructions.^ veyed and ** hereby enacted hj the authority of the same, That from . § 9. And be it further enacted, That the like provisions laid out. and after the passing of this act, the commissioners herein- and penalties herein contained ip relation to said river be, and acttoex-j . after named shall havefull power and authority to survey or they are hereby extended to and applied to Chattahobchee Applied cause to be surveyed and laid off the main channel of Flint river so far as Fayette, and De Kalbcounties bound on said river, from that part of said river where the lower line of river Chattahoochee ; and that James Hicks, John F. Bea- river,and Crawford county striked the said river to the three forks in vers, and James Black are hereby appointed commissioners Fayette county of the north-east prong of Flint river, and of the county of Fayette, and Isaac Howell, Gilbert Greer, thereof^- to Ware's mills of the south-west prong ; and the said river and James M. C. Montgomery are hereby appointed com-p0in shall be kept open from the fifteenth of February until the -missioners of the county of De Kalb, to carry the said law fifteenth of May in each year. into effect so far as relates to the river Chattahoochee, of'saldfeet §2. Andbe it further enacted, That said commissioner's, §10. And pe it further enacted, That Wiley Stricklin is river,' in- or a majority of them, are hereby empowered to reserve and hereby appointed for the county of Henry to keep open the appoft^ ma?n"chan^ keeP °pen' for the^ free passage of fish and boats thirty feet Ocmulgee river, in place of Jeithro Barries, who refused to nei, to be of said river in width, including the main channel thereof, serve. ""ggj. NoPtpereon § 3. And be it further enacted, That it shall not be law- §11. And be it further enacted, That the justices of Thclnfr • TnJbp!rtCofful for any Person or persons to obstruct by <|ams, traps, or the Inferior Courts of the aforesaid counties, or a majority said river any other thing or things, any part or portion of said river of them, be, and they are hereby authorized, and required to cancie* . traps" so ancI set aPart f°r ^ie purposes mentioned in this fill all vacancies which mayJiappen by death, resignation, or act* otherwise. RIVERS.—1829. 359 Repealing § 2. And be & further enacted, That all laws or parts of «iause. jawg militating against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, ' President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. [rto. 1101.] AN ACT for the appropriation qf Money for the im- provement of the C hattahoochee River. ♦10,000 ap- Be it enacted by the Senate and House of Representatives toTmprove of the State of Georgia, in General Assembly met, and it is iloochee ta~ hereby enacted by the authority of the same, That the sum from the of ten thousand dollars be, and the same is hereby appro- FaUsto its Priated f°r improvement of the Chattahoochee river from junction the Coweta Falls on said river to its confluence with that the Flint. commis- § 2. And be it further enacted, That R. C. Spann, John poiS for DiH, an(1 A. M. Watson, of Early county, and Sowell said river. Woolfolk, and William D. Lucas, of Muscogee county, and Allen Lawhon, of Harris county, be, and they are hereby appointed commissioners of the Chattahoochee river from the Coweta Falls on said river to its junction with the Flint river, who, or a majority of them, shall have power to draw the amount appropriated, or any part thereof, and to exer- cise such general discretion in the prosecution of the im- provement of said river as to them may appear'the most pro- Togives ductive of the best interest of the State ; and that said'com- security.11 missjoners give bond and security in the sum of twenty thou- sand dollars, as other commissioners of said river. Vacancies § B. And be it further enacted, That whenever a vacancy how fined, may happen it shall be the duty of the Inferior Court of the county in which it takes place to fill said vacancy. To keep a § 4. And be it further enacted, That the said commis- oftfieir&C' sioners shall keep a fair record of their proceedings, and re- proceed- port the same annually to the Legislature. lngs' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 182T. JOHN FORSYTH, Governor. [No. 1102.] AN ACT to appoint Commissioners for the improvement of the Ocmulgee River, in the Counties of Butts, Jasper, and Jones. commis- Be it enacted by the Senate and House of Representatives pointed for °f State of Georgia, in General Assembly met, and it is fiieim- hereby enacted by the authority of the same, That from and ofthe"oc- after the passage of this actParkham Lindsey, of the county rfrerto of Butts, berand he is hereby appointed* a commissioner for supply the improvement of the Ocmulgee river, to fill the vacancy «ncies.va Hugh W. Ector, removed - and that Woody Dozier, of the county of Jasper, be, and he is hereby appointed a com- missioner for the before-named'purposes, to fill the vacancy of William Scott, deceased; and that Noah Butt, of the county of Jones, be, and he is also appointed a commissioner for the improvement of the Ocmulgee river, to fill the var cancy of Mickleberry Ferrell, removed'; any law to the com trary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives; THOMAS STOCKS, ! President of the Senate. Assented1 to, December 17th, 1827. JOHN FORSYTH, Governor. [No. 1103.] AN ACT to authorize Mordecai Shacklefdrd,.his heirs', and assigns, to build and keep up a Milldam across the Alcofauhatchy River, on certain conditions. Be *'f ^nefpd hy the. Sfnnfy qr,J TT™,** 0f Tjepresentnihw* of the State of Georgia, in General Assembly met, and it is Mordecaf hereby enacted by the authority of the same, That after the passage of this act it shall be lawful for Mordecai Shackle- M ford, his heirs, or assigns, to build and keep up a milldam milidam at across the Alcofauhatchy river, at the place known by the ^0c£'smiW name of Wommack's mill, on said river; Provided, that on the the Legislature may at any time hereafter revoke said i,atchyU" grant whenever it may be deemed necessary for the purposes Proviso, of navigation ; and provided further, that nothing herein Proviso. 5 .contained shall authorize said Shackleford, or others claim- ing under him, to overflow any lands not his own. § 2. Be it further enacted by the authority aforesaid, Repealing- That all laws militating against this act be, and they are clause' hereby repealed. IRBY HUDSON, Speaker of the House of Representatives THOMAS STOCKS, President of the Senate. Assented to, December 22d', 1827.. JOHN FORSYTH, Governor. AN ACT to repeal an Act, entitled An Act to incorporate [No. 1104.1 a Company for the improvement of the Navigation of Broad River, assented to the sixteenth December, eighteen hundred and fifteen. Be it enacted by the Senate and House of Representatives The act re- of the State of Georgia, in General Assembly met, and it is pe hereby enacted by the authority of the same, That from and immediately after the passing of this act the before-recited act be, and the same is hereby repealedany law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate.. Assented to, December 20th, 1*828. JOHN FORSYTH,. Governor. AN ACT to direct and make uniform the manner of fNo- 1105ff fishing for Shad on the River Ocmulgee with seines, and to provide for the punishment of those who shall violate the provisions of this Act. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That get river from and after the passage and promulgation of this act Pr°ih!tU^r- no person or persons whatsoever, by themselves, their ser- tain hours vants, or agents, shall be permitted to draw any. seine on th*' tlie Ocmulgee river, of Georgia, at any time between the hours of twelve in the forenoon of Saturday and the hour of twelve in the forenoon of Monday ; nor shall they be permitted to keep any seine within the hour aforesaid sta- tionary or by any position or fixture whatever in the said river, so as to catch shad or prohibit their free passage1 up the said river in any of the cuts-offor arms thereof. § 2. Be it further enacted, That no person or persons Fishine whatsoever, by themselves, their servants, or agents, shall be permitted to draw two seines,- the one immediately sue- ^jdsaill ceeding the other, within the hour aforesaid, at the same hours, fishing.landing or place for drawing for fish 011 said riVer. §3. Be it further enacted, That alb persons whatsoever Persons violating the provisions of the foregoing sections, or either of them, shall be subject for each offence to pay the sum |^tnts0°™lis' of twenty-five dollars, to be recovered before any justice of fined, andt the peace, Inferior, or Superior Court, or any corporation fe0c^dC0l~ court duly constituted on the said riVor, to be commenced in the naipe of the individual informing ; and shall moreover be subject to be indicted before the Superior Court, and on conviction shall be sentenced for each offence to pay a fine not less than ten nor more than twenty-five dollars, at the discretion, of. the court. In each or either case of. suit, or. indictment,, the. one-half of the penalty shall- go to the- 360 RIVERS.—1829. informer, the other to the county wherein the offence is com- son or persons so offending three days' nofice to remove the mitted. 4 same; and on his, her, or their failure so to do, the commis* officers to . § 4. Be it further enacted, That it shall he the duty of the sioner or commissioners hereinafter named may apply to a formation justices of the Inferior Court, of .the peace, sheriffs, consta- justice of the peace for a warrant, which warrant shall be before the bieS) and police officers, who live in counties lying on the i served by any lawful officer, and cause such offender or of- Jury* Ocmulgee, to lodge information against all persons offend-^ fenders to be brought before some justice of the peace of ing against this act before the next grand jury that may the county where such offence may have1 been committed; convene thereafter. and on proof and conviction thereof, shall be sentenced to Penalty on § 5. Be it further enacted, That if a slave or slaves offend pay a sum not less than twenty dollars for every twenty- offending01 against this act without the command or coercion of his four hours "such obstruction or obstructions shall remain; • against uiis owner, overseer, of any other person, he shall on conviction and ev.ery twenty-four hours such obstruction or obstruc- ct for each offence receive twenty-five lashes on his bare .lions may remain aftep notice given in terms of this act back. Any justice of the peace or of the Inferior Court shall be deemed and taken as a separate offence, and may be ' may immediately on information and proof order ,him to be punished accordingly. whipped by a constable or sheriff, or any person deputized § 4. And1 he it further enacted, That if any person or Agent,*), by said justice for that purpose. persons shall employ an agent or agents for the purpose of Repealing ; § q. Be it further enacted, That all laws or parts of laws obstructing or placing any trap or traps in said main chan- cause" , .militating against this act be, and the same are hereby nel, or who may be found fishing any trap or traps placed how pr^' repealed. r : - therein, it shall be the duty of said commissioner on inform- JgjJ * WARREN jdURDAN, ation thereof to prosecute such agent or agents in the Speaker of the House of Representatives, same manner as pointed out by the third section of this act; THOMAS STOCKS, and should such agent or agents be notoriously insolvent, or in cases * ' President of the Senate, non-residents of this State, it shall be the duty of the justice ^0S Assented to, December 22d, J 82P. . or justices before whom such offender or offenders are tried ousiy in. GEORGIE R. GILMER, Governor, to commit such offender or offenders to the common jail of601™1, . ' ^ ' . the county opposite to which the offence was committed, for [No. 11061] AN. ACT to lay off, define, and keep open the main a not less than one day nor more than two months, at channel of Savannah River from Augusta to the mouth d)e discretion of the court; and the person or persons who of LigUwood Log Creek,in Elbert County, so as to employed such agent or agents shall be liable to pay, on ac- prevent the obstruction of navigation and dfree pas- tIon ,of debt bef°*e anJ Justlc® ,of tbe c°untJ' 8u.cb sas-e of fish therein and to nvnilh those who mau ob- emPloyer may refelde' a sum not less than twenty dollars for sage ojjisti therein, ana to punish those who may oo- each and every offence So by them committed ; and should slaves Mruct the same, and to appoint Ccmmissipmrs to carry slaye or sfaTes be found obstructing or fishing anj trap the provisions of this Act into effect, and to point out 0/,rap3 in said main siuice, such slave or slaves shall * the mode of their compensation. taken before some justice of the peace, and on conviction LhingV' urird^art ^ enacted by the Senate and House of Representatives thereof shall receive thirty-nine lashes on his bare back, and of'thePsa- of the State of Georgia, in General Assembly met, and it the owner or owners of such slave or slaves shall pay all riverafrom ^ kereby enacted by the authority of the same, That from costs incurred thereby ; and if a free person" of colour shall Fraper-^ Augusta to and immediately after the passing of this act the commis- be found offending against the provisions of this act, he, she, four ho*0- o^Light-11 sioners hereinafter named, or a majority of them,, shajl have or they shall be dealt with in like manner as slaves, and im- p«n'slied- creek tube Power an above Augusta, and conti- Penaity for moned shall fail or refuse to assist such commissioners or nuing up the said river to. the last-mentioned place in .refusal. commissioners after one day's notice so to do, such person the said first section; and so soon as the same shall, have or persons sO offending or refusipg shall on proof and con- been completed in the manner contemplated by this act, the viction thereof before any justice of the peace of the county commissioners who caused t,he said river to be surveyed and where such offence was committed be sentenced to pay a laid off shall have power to make out a fair and correct > sum not exceeding five dollars for each and every day he or statement of the number of days they were actually engaged- Proviso, they shall fail to serve : Provided, said commissioner or in sajd work, and present the same to the Inferior Court of How m* commissioners shall not cause the same individuals so suip- the county in which they-respectively reside;' and on exami- jUr < moned to serve more than three days at any one time (more, nation and approval by them, they shall issue an order in fa- than three days at any time), nor more than six days in any vour of such commissioner or commissioners to the county one year. treasurer, or, where there is no county treasurer, to the clerk struc°fog°b~ § ^n^ he it further enacted, That if any person or of the Inferior Court, for an amount not exceeding two dollars Midriver persons shall obstruct or cause to be obstructed,, by dams, per day for each day said commissioners were actually so em- &^how traPs> racks, logs, trees, or any ojher thing or things, any ployed, to be paid out of the moiety of the State tax reserved for punished, part or portion of said main channel so laid off and defined county purposes ; Provided, they shall not receive pay for . for the purpose contemplated by this act, it shall be the more than twenty-five days in any one year. • duty of one or more of the commissioners to give the per- § 6. And be it ftriher enacted, That should it so ^««nen vices. RIVERS.—1529. 3GI ctommis- that the commissioner from any of the counties hereinafter wdoui?" named should fail or refuse to do the duties prescribed in duties pre- this act, the county or counties in which such defaulting #cnbed' commissioner or commissioners may reside shall nevcrthe- less bear and pay their proportional share of the expense incurred on account of opening and Hying off and keeping open said-main channel as aforesaid, commis- § 7. And be it further enacted, That James G. Stallings, named. of the county of Columbia, James Jennings, Esrp, of the county of Lincoln, Powhattan B. Thurmon, Esq., of the county of Wilkes, Alfred Hammond, Esq., of the county of Elbert, and Benjamin II. Warren, of the county of Rich- mond, be, and the same are. hereby appointed commission- ers of Savannah river, with full power and authority to caip-y into effect the provisions of this act; and should it so hap- pen that either of the persons herein named as commis- sioners should fail or refuse to serve, it shall be the duty of the Inferior Court of the county where such vacancy may bov^fiited ^aPPen *° aPP°tnl some fit and proper person to fill such w ' vacancy ; and that all laws and parts of laws militating against this act be, and the same are hereby repealed. WARREN JOUIIDAN, Speaker of the House of Representative^. THOMAS STOCKS, President ©f the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. INo. 1107.3 AN ACT to alter and amend an Act, entitled An Act to prevent obstructions to the passage of Fish in the Oc- mulgee River and its branches, passed on the twenty- fifth of December, eighteen hundred and twenty-one ; also an Act, entitled An Act to alter and more effec- tually carry into effect an Act to prevent obstructions to the passage of Fish in the Ocmulgee River and its branches, passed on the twenty-fifth November, eighteen hundred and twenty four; also to repeal an Act, en- titled An Act to, authorize David Adams, of the County of Jasper, to keep open a Sluice through his Milldam on the Ocmulgee River, within forty feet of the west bank of said River, for the free passage of Fish up the same, passed on the seventh day of Decern- her, eighteen hundred and twenty-one. Pr«mbie. Where&s, great inconvenience, has been experienced in carrying into effect the above-recited acts; for remedy whereof, * doners *ap- ^ enacted by the Senate and House of Representatives poimed in of the State of Georgia, in General Assembly met, and it is Counties, hereby enacted by the authority of the same, That Tarply Holt, Timothy Matthews, and Luke Ji Morgan be, and they are hereby appointed commissioners in. and for the county of Bibb ; and that John Hammock, William Middlebrooks, and Michael M. Healey be, and they are hereby appointed commissioners in and for the county of Jones; and that John Pitman, "David Allison, and William Redding be, and they are hereby appointed commissioners in and for the county of Monroe ; and Robert Bickerstaff, William "Bar- clay, and Stokeley Morgan be, and they are hereby ap¬ pointed commissioners in and for the county of Jasper; and John R. Cargill, Gustavus Hendrick, and John M. Pearson be, and they are hereby appointed commissioners in and for the county of Butts ; and that Felix Simonton, William R. Henry, and George McDill be, and they are hereby ap- pointed commissioners in und for the county of Newton ; and that Jarnes Sellers, Samuel Bryant, and William McBride be, and they are hereby appointed commissioners in and for the county of Henry ; who, or a majority of whom, To survey shall have complete power in their respective counties to na?edtheS survey, view, ascertain, and designate the main channel of main cimn- the said Ocmulgee river and its branches in the following muigee °c" manner: sixty feet in width up to the confluence of the Tiver and South and Yellow rivers, and from thence forty feet in width el.branch" in the South river up to the Snapping shoals, and in the ^ereofidtb Yellow river forty feet in width up to the Cedar shoals, and in the Alcofauhatchie forty feet in width up to Water's mill; and in all cases where mills, fish-dams, or other ob- structions' to the free passage of fish shall be erected, there shall be an open sluice in each' river as aforesaid in the main channel of the same, over which fish may pass with- out difficulty. § 2. And be it further enacted by the authority aforesaid, Persons ob- Whenever the above-recited streams shall have obstructions laidTiver to the passage of fish placed in them, the person or Per" s°eventthe sons so offending shall be liable to an indictment for a com- free pas- mon nuisance before any couit having cognizance of the^p^8h' same, and on conviction thereof, shall be subject to pay a nisbed. fine of one hundred dollars per day for every day such nui- sance shall remain unremoved ; one-half of such fine to go to the informer, and the other half to the county in which the offender or offenders may reside at the time of their conviction ; and five days' previous notice need not be given as heretofore required by the act of eighteen hundred and twenty-four to remove said'nuisances or obstructions, but such offenders may be prosecuted forthwith according to the provisions of this act. § 3. And be it further enacted by the authority of the same, The acta* That an act passed on the seventh of December, eighteen ^u°c|inB a hundred and twenty-one, authorizing David Adams, of the through county of Jasper, to keep open a sluice through his mill- Adams's dam, on the Ocmulgee river within forty feet of the west bank of said river, for the free passage of fish up the same, be, and the same is hereby repealed. § 4. And be it further enacted by the authority aforesaid, Vacancies That the justices of the Inferior Court, or a majority of missfonem" them, in their respective counties, are hereby authorized to how fill any vacancy that may happen by death, resignation, re- moval, or otherwise of any of the commissioners appointed by this act. § 5. And be it further enacted by the authority aforesaid, Repeating That all laws or parts of laws militating against this act be, clause* • and the same are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. Zz t 362 ] ROADS, BRIDGES, AND FERRIES—1820. No. 1108.] AN ACT to secure to the legal proprietors of the Land passage of any vessel, boat, or raft which may navigate said and Landing at a place known by the name of Car- creek. DAYID WITT, ters Ferry on the Altamaha River, in the County of. . Speaker of the House of Representatives. Tatnall, the right of an established Ferry; and to , MATTHEW TALBOT, • Lewis Hall, his heirs, and assigns, at the place called ' . President of the Senate. jBerry-hill Bluff; and to< regulate the toll yn Jersey Assented to, December 21st, 1820. Wagons in certain cases throughout this State. ,\ JOHN CLARK, Governor. The pro- Be it enacted by the Senate and House of Representatives VvT T _ , , , of the State of Georgia, in General Assembly met, and \itis AJ1ACT to authorize Nathan Bussy and Nicholas [No.mo.] •Carter's hereby enacted] by the authority of the same, That from and Ware establish a, Ferry across .Little River, in tU Altamaha6 after the passage of this act, it shall be lawful for the legal Counties of Lincoln and Columbia, at their mills on Jhorfztd to proprietors of the lands as aforesaid to keep for the coiivey- said River. , - keep afer- ance of travellers what is commonly called a ferry-boat or Be it enacted by the Senate and House of Representatives Nathanj ry-boat. an(j entitled to the following ferriage, in what is of the State of Georgia, in General Assembly met, and it is Rates of called short ferriage : for a man and horse, twelve and a hereby enacted by the authority of the same, That from and Wareau- ferriage, ^alf cents . por a loaded wagon and four horses, one dol- , immediately after ihe passing of this act, that Nathan Bussy est°a'S a lar ; for an empty wagon, seventy-five cents ; for a loaded and ,Nichola.s Ware be, and they are hereby authorized to cart and two horses, fifty cents; for an empty ditto, thirty- establish a ferry across Little River, in the counties of Lin- Little river seven and a half cents ; for all four-wheel pleasure carriages, co"n aod Columbia, at their mills' on said river. -one dollar; for two-wheel ditto, fifty cents ; for allloose §2. And be it further enacted, That the said Nathan Rates of horses* six and a quarter cents per head ; for cattle, three Bussy and Nicholas' Ware shall be entitled to receive from ' cents per head ; for all hogs, sheep,* goats, &c. two cents all person or persons crossing thereat, the following sums per head ; and in all cases of long ferriage, double ferriage :>' for crossing at said ferry, to wit: for every four-wheel plea- any law or custom to the contrary notwithstanding. ' sure carriage, fifty cents ; for two-wheel'pleasure carriages, Lewis Haii §2. And be it further enacted by the authority aforesaid, twenty-five cents; for a loaded wagon, fifty cents ; for an theprlJij" That Lewis Hall, his heirs, and assigns be, ^nd they are empty wagon, twenty-five cents; for every cart, twenty-five ferr °af hereby secured in the like privilege of a ferry, at a place on cents ; for man and horse, twelve and one half cents ; for Berry^hiii the same river in the county of Tatnall known by the name ledhorse, six and one quarter cents; for a footman, six and. bluff- of Berry-hill Bluff, and entitled to the same ferriage in all ope quarter cents; for each sheep pr goat, two cents. cases. • ' • . And be it further enacted, That, before the said Na- said Bussy Thefer- .§ 3. Arid be it further enacted, That the ferriage or toll than Bussy and NicholasWare shall be permitted Or entitled on Je?seyI1; 011 the description of carriages called and known as Jersey to receive any thing for ferriage dcross said river, they shall bond and wagons^ wagons, when they are used as carriages of burthen, shall give bond with good a!nd sufficient security to the Inferior Safe-10 as^rfcarts, be at these and alL other ferries, bridges, or turnpike-gates Court of Ljncoln county in the sum of one thousand dollars, within this State, where the toll or ferriage on such car- to make good all losses which may happen to property in county to riages is not particularly defined by law, the same that is crossing at said ferry by .neglect or mismanagement of the established at such ferry, bridge, or turnpike-gate tp be said Nathan Bussy and Nicholas Ware; which bond shall thai may collected on carts. ' r , , be filed in the clerk's office of said court, dnd may be sued property'fn DAVID WITT, on for,the use^of any person that may sustain any fojury by Speaker of the House of Representatives. ,the neglect of said Nathan Bussy and Nicholas Ware ; and MATTHEW TALBOT, a copy of said bond certified by the clerk of said Inferior • President of the Senate.. Court shall be good evidence on the trial of any cause Assented to, December 22d, 1820. , ; . against said Nathan Bussy and Nicholas Ware. JOHN CLARK, Governor: , DAVID.ADAMS, — <• \ ' Speaker of the House of Representatives. [No. iio9.] AN ACT to authorize James Smith, Charles West, and , MATTHEW TALBOT, James Dunwoody to erect a Bridge across Cat-head ' President of the Senate. Creek, at a place called Clapboards Jjluf. , ; Assented tp, December 18th, 1820. Preamble. 'Whereas, James Smith, Charles West, and James Dun- ' - JOHN CLARK, Governor, woody, Esqi;s. by their petition to this Legislature, have ^ prayed the privilege of erecting a bridge over Cat-head AN ACT to establish a Ferry across the Oconee River [No.mu.j Creek, in the county of Mcintosh, at a place called Clap- -at the place krwwn by the name of Henry Joyce's boards Bluff; and whereas, it is thought to grant the same Landing, in the County of Montgomery. . privilege will subserve the cause of humanity and private - Beit enacted by the Senate and Rouse of Representatives a ferry «•-. convenience;' < ' of the State of Georgia, in General Assembly met, and it is acrl^tiii' James Beit therefore enacted by the Senate and House ofRepre- hereby enacted by .the authority of the same, That from and Charles sentatives of the State of Georgia, in General Assembly met,, after the passing of this act, a public ferry is hereby esta- Henry Joy West^ and and n is hereby enacted by the authority of the same, That blished across the Oconee river at the place formerly known Dunwoody from and immediately after the passage of this act said James by the name of Henry Joyce's Landing, in Montgomery tinue ten foU«ectZad Smith, Charles West, and James Dunwoody are hereby au- county, to continue for and during the term of ten years. year8" bridge thorized to erect a bridge across the said creek, at or near § 2, And be it further enacted, That the justices of the^etofe^ headereet the place above mentioned, and to occupy the same ; Pro- Inferior Court shall have the power of establishing the rate Proviso, vided, the said bridge shall be so constructed as to admit the of said ferry, not exceeding the usual rates. tarus* ** ROADS, BRIDGES, AND FERRIES. 363 Wry § 3. And be it further enacted, That Henry Joyce, his hw heirs'* heirs and assigns, is hereby entitled to the proceeds and be- entitled to nefits arising from the use of said ferry landing on the south- ceeXon west side of the said river Oconee ; and that Robert Flour- west°aud n°y' heirs> an(l assigns are hereby entitled to all the pro- Robert ceeds and benefits arising from said ferry on the north-east andUhis°y side of the said river Oconee ; Provided, that the said Henry norui-east6 **"oyce an(* Robert Flournoy, their agents or trustees, as the side. case may be, shall each give bond with approved security to they give justices of the Inferior Court of the county of Montgo- bond to mery to keep a good and sufficient flat, with good at- keep a good , 1 flat, &c. tendance. Provision § 4. And he it further enacted, That in case of either of ne other party by com- with this plying shall be entitled to receive the full and entire occu- Aet> pancy of the same, during the obstinacy or non-compliance of the other as aforesaid. DAVID ADAMS, Speaker of the House of Repr#sentatives. MATTHEW TALBOT, President of the Senate. Assented to, December 18th, 1820. JOHN CLARK, Governor. [No.1112.] AN ACT to alter and amend an Act, passed the 1(M day of December, 1817, repealing the seventh section of an Act passed the 12th day of December, 18.15, to regulate the Road Fines and Labour in the County of Glynn. Persons Be it enacted by the Senate and House of Representatives roaefduty °f ^ie State of Georgia, in General Assembly met, and [it is on die hereby enacted] by the authority of the same, That from and islands of . r * , "k • c . c St. Simon's immediately after the passing of this act every free per- exempt3*6' son or s^ave subject to road duty upon the islands of St. Si- from road mon's and Jeykel, in the county of Glynn, shall be exempt niain?n the in performing road duty on the main in the aforesaid county of Glynn. To perform § 2. And be it further enacted by the authority aforesaid, orTsaid'17 ^hat all free persons or slaves subject to road duty on the islands, or islands of St. Simon's and Jeykel, in the county of Glynn, fi°neoyf|i sh&fi he subject to perform road duty on the said islands of eachde-f°r Simon's anc^ Jeykel; and in failing so ta do the said fauiterf" free persons, and owner or owners of such slaves, shall be subject to a fine of one dollar per day for each defaulter, to be recovered as heretofore pointed out by law. Repealing § 3. And be it further enacted, That so much of the be- clause. fore-recited act as is repugnant to the provisions of this be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. [No. 1113.] AN ACT to authorize Clem Powers and Abraham Crum, their heirs, and assigns to erect a Bridge over the river Great Ogeechee, on their own lands, and to establish the rate of Toll to be collected at said Bridge. Be it enacted by the Senate and House of Representa- Z z 2 f ives of the State qf Georgia, in General Assembly met, and ciem Pow- it is hereby enacted by the authority of the same, That from Abraham and immediately after the passing of this act Clem Powers J>um au-^ and Abraham Crum, their heirs and assigns, be, and they erec^a l° are hereby authorized to erect a good and substantial bridge over the river Great Ogeechee, on their own lands, within ogeechee the counties of Effingham and Bryan ; which said bridge coumiesof shall be capable of sustaining wagons, and all other carriages ordinarily used ; Provided, the same shall be so constructed an rya"' as not to impede or obstruct the navigation of said river, or interfere with the lawful right of any other person or persons. § 2. And be it further enacted by the authority aforesaid, said per- That the said Clem Powers and Abraham Crum, their heirs, ^einfe- and assigns as aforesaid, shall stand bound to the Inferior rior courts Courts of the counties of Effingham and Bryan to keep the brtdgeinre! said bridge in complete repair, and to make good all damages ka.j£eai,dod which shall happen to or be sustained by any person or per- dV800 feons crossing the same after toll shall have been received atI,iageS' &c< said bridge ; and the said Clem Powers and Abraham Crum shall at their own expense and cost open and keep in com- plete repair the road leading to said bridge, from where it will leave the Milledgeville road to where it intersects the Louisville road. § 3. And be it further enacted by the authority aforesaid, The toil to That the toll to be collected at the said bridge shall be the same asishaHow- as is allowed by law to be collected at the bridge on said river jdna£s,s known as Jencks's bridge, except on the description of car- bridge! Ser- riages called Jersey wagons, the toll of which shall be, with j®^eynwa. one horse, twelve-and-a-half cents, and with two horses, gons. eighteen and three-fourth cents, for each time they shall cross said bridge. DAVID ADAMS, Speaker of the House of Representatives. VAL. WALKER, President of the Senate, pro tern. Assented to, December 8th, 1820. JOHN CLARK, Governor. AN ACT to alter and amend an Act, entitled An Act [No. lm.j to amend an Act regulating Roads in this State, passed the 13th day of November, 1813, so* far as respects the County of Glynn. Be it enacted by the Senate and House of Representatives Read hands of the State of Georgia, in General Assembly met, and it is suieofTur- hereby enacted by the authority of the same, That from and in immediately after the passing of this act every free person County to or slave subject to road duty on the south side of Turtle river, u,e road on the main, in Glynn county, shall be liable to perform road £om,St- duty on the post-road leading from St. Mary's to Barring- Barrington. ton, in said county of Glynn, for the year 1821. § 2. And be it further enacted by the authority aforesaid, Commis- That it shall be the duty of the justices of the Inferior Court be appohit- of Glynn county to appoint three fit and proper persons to ed by a»e act as commissioners of said road. c"urt?r § 3. And be it further enacted by the authority aforesaid, Fines for That all free persons, slave or slaves, so liable to work on said delaulters* post-road in said county of Glynn, in failing so to do, the said flee persons or owner or owners of such slaves shall be subject to a fine of one doljar per day, to be recoverable as all road fines are recovered in said county of Glynn. § 4. And be it further enacted, That so much of the Repealing before-recited act as is repugnant to the provisions of this clause" act be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 18th, 1820. JOHN CLARK, Governor. AN ACT to alter and amend the several Road Laws [No. ins.] heretofore passed for the government of the Counties • 3G4 ROADS, BRIDGES, AND PERRIES. of Bryan, Liberty, Mcintosh, Camden, Glynn, and Wayne, so far as respects the County 6f Wdyne. The infe- Be it enacted by the Senate and House of Representatives ofWayne °f ^tate °f Georgia, in General Assembly met, and it is County to hereby enacted by the authority of the same, That from and the°iabour immediately, after the passage of this act, the justices of the £iuheam,s I*1*®"01, Court for the county of, Wayne shall be by .this act' roads in authorized and empowered to allot and proportion the labour their Coun- an(j hancjs to the Several roads running through said county* and fill all vacancies that may happen of commissioners on the several roads already laid out, and to grant petitions for new roads and appoint commissioners for the same, commit § Mid be it further enacted, That there shall be sioners for three commissioners for each road in said county, whose each road. ^uty it is to consult on the most leisure time of the year in their judgment to meet and work on the respective roads, not more than five days at any onb time, nor more than ten To lay off days in one year. Said commissioners shall attend each spective day of working, and lay off their respective roads to be roada opened twenty feet wide and cauSwayed ten feet wide ; said ^wenty eet commjssioners shau appoint one overseer to superintend the labour to be done on said road, so laid out; said overseer shall make a true return of the labour done and of the de- faulters to the commissioners, within three days after each tour of labour is performed. Three days' § 3. And be it further enacted, That previous to said' ^ven8thebe meeting, the commissioners appointed on their several roads theumef shall appoint a person to warn in the hands attached to their- andt>iace several roads, whose duty it is to warn each free white male, ofworklns* mulatto, free negro, and owner of slave or slaves-to'meet, giving each of them three days' notice of the day and place of meeting, warping them to meet at 10 o'clock in the fore- noon of that day; carrying with each of them one good and sufficient axe or hoe, and five days' provisions; requiring of each owner of slave or slaves a true list of all hands he* or she has subject to road duty ; and said warner shall attend at The place appointed and make his returns to the overseer, and for his faithful performance said warner shall be ex- empted from his tour of labour for that time. s Commis- § 4. And be it further enacted, That the commissioners ,, Demand so appointed for the several roads shall hear and determine cases of on case^ default,or neglect, or refusing to perform default or duty required by this act; Provided, such hearing and de- perform10 termining shall be within thirty days after such default,'pro- road duty, vided the party in default shall have five days' notice in writ- ' ing from one of the commissioners, to be left at his usual place of residence, of the time and place of hearing and de- ^roceedhi term*ning suc^ default; and it shall be the duty of the com- in regard missioners, or a majority of them, to iSsue executions against tofines, defaulters under their hands and seals, directed to any law- ful constable of the district, for the amount of all fines by • them imposed according to this act, unless^ a sufficient ex- cuse be rendered to them on oath within fifteen days after the time of working by the person or persons returned by the overseer as defaulter ; and it shall be the duty of the constable to levy and cbllect such fines in the way and man- ner as executions issuing from Che justices' court, and when collected the said constable shalLwithin ten days pay over the amount collected to the justices of the Inferior Court, to be applied in keeping the post-road in repair through the Alta- maha swamp. tionofper- § Mid be it further enacted, That all male inhabitants, sops liable mulattoes, free negroes, and all male slaves, from the age of raid°roadsn sixteen to 'forty-five years of age, in the county of Wayne, shall be, and they are hereby declared to be obliged to ap- pear with such implements as directed by the warner, and work on thd several roads, causeways, and bridges to which they were attached or allotted ; and alkwhite male inhabit-, ants, mulattoes, free negroes, or owners of slave or slaves, ^•ctor^re warned to work shall neglect or refuse to fusai to such warning, or refuse to give a list of his or her hands when required by the warner, he shall for every day he work* should refuse or neglect to appear and work as before stated g!*e» "« forfeit a sum not less than one dollar nor more than two for hands, to each hand so in default. . ' ' leauiiaT §6. And be it further enacted, That any commissioner gfo each or overseer so appointed, refusing or neglecting to attend and Proceed- perform the duties assigned them by this act, 'shall for each ^l"im neglect or refusal forfeit and pay the sum of six dollars for Commia- each neglect or refusal, except they had previously notified ovS™ the justices of the Inferior Court of their resignation be- ^J,0hJ^ete fore acting ; said fines to be imposed by the Inferior Court, thedutfa who shall issue their execution, and direct it to the constable, ofqthem. who shall proceed in the manner laid down for the collection of other fines in this act, unless sufficient cause be shown to the justices of, the Inferior Qourt for such neglect. The post- § 7. And be it further enacted,, That the post-road, so far Wayne to as Wayne county works on it, shall be kept open thirty feet be kept wide, and causwayed sixteen feet wide : all laws or parts of laws that militate against this act, so far as'respects the county of Wayne, are hereby repealed. DAVID ADAMS, , Speaker of the House of Representatives. ( , MATTHEW TALBOT, ' ' . President of the Senate. Assented to, Deceifiber 13th, 1820. ' JOHN CLARK, Governor. AN ACT to establish a Turnpike over Ogeechee Cause- [No. mq way, in Bryan County, and to appoint Commissioners ,to carry the same into effect. § 1. Be it enacted by the Senate and House of Represent- g0^oa£of atives of the State of Georgia, in General Assembly met, sioners ap- and it is hereby enacted by the authority of the same, That Mnlract10 a board of commissioners, to consist pf seven persons, viz. two from Mcintosh, two from Liberty, two from Bryan, make safe and one from Chatham counties, be appointed for, the kSown as? purpose of Contracting with a perspn or persons to make ^°eee" safe and permanent a causeway known by the . name of causeway,- Ogeechee causeway, in Bryan county. J county^ § 2. And be it furijier enacted, That the said commis-The Board sioners shall form a board, which shall be known by the title kn^raas .of " The Board of Ogeechee Causeway," and shall be aB™rdof body corporate and politic shall in case of any vacancy in ogeechee their body have the power to fill such vacancy ; shall-have made a cor- irate. sued, impleading and being impleaded in any court'of law body or equity in this State.- - , ' § 3. And be it further enacted, That the commissioners vacancy to be Appointed, under this act, or k majority of them, shall gu^&c.8 have power to contract with any person or persons to a turnpike-road over said causeway; to direct" the materials vested with 6f and manner in which the same shall be completed; to ^ract^ grant the same for any number of years, or in fee-simple ; to establish the rates of toll, and to authorize the erection "mpike of a toll-gate, When in their judgment the causeway shalD®?dd°^ be completed in terms of the said contract*. way, &c. § 4. And be it further enacted, That the contracting party or parties shall bind him or themselves, his or their heirs, exe- cutors, and administrators, together with two good and suffi- give bond ci.ent securities, in a sum to be approved of by the said com- missioners for the due performance of the aforesaid contract, ahaii^eap- § 5. And be it further enacted, That when it shall be ft™ com- adjudged by the board of commissioners, or a majority of them, that the contract' has been fully complied with on the contract part of the contractor or contractors; notice thereof shall ^mpleted be given in the gazettes of Savannah and Darien, stating ^'^elaon from what day toll may be demanded, and the rates which wi,at day have been by them established. v • § 6. And be it further [enacted, That it shall be the duty The^Board of the^ board to convene at the suggestion of,two of its members, to take into consideration the State of said cause- f^io0nf0[u ambers» ROADS, BRIDGES, AND FERRIES. 365 consider way ; and they shall have the power of removing the toll- wiy.&cf6" Sate ancl to cause the cessation or suspension of toll when- ever in their opinion the causeway be deemed out of repair, of which notice shall be given by the board in the gazettes of Savannah and Darien. No toil to § 7 And be it further enacted, That if after such notice he demand- * . J .* .. , ■ n ed until the contracting party or parties, or his or their agent, shall fice'shau" ask f°r or receive any toll of any person or persons travelling be given over said causeway before public notice is again given by causeway the board that said causeway is in a situation to demand tion^de-to^' t'ie contractor or contractors, proprietor or proprietors, mund toll, shall forfeit all right, title, or claim which may be vested in him or them by virtue of this act to the said causeway; and the said causeway shall revert back to the county of Bryan, and become as heretofore a common highway. The Coun- x 8. And be it further enacted, That the board of com- ties of J .s . /• i . • , •• r ^ Mcintosh, missioners ot the aforesaid causeway, or a majority of them, and^Bryan are hereby authorized and empowered to call annually upon required to the justices of the Inferior Courts of the counties of ally die11" Mcintosh, Liberty, and Bryan for a sum not exceeding ten dohareten d°Hars each ; which sum when required the said justices «ach,&c. shall cause to be paid into their hands, for the purpose of enabling said commissioners to pay for advertising and other incidental expenses, commis- § 9. And .be it further enacted, That James Nephew pointed^ and James Smith, Esqrs., of Mcintosh, Joseph Jones and •ffectthis° William Maxwell, Esqrs., of Liberty, G. W. McAlester act. and David McCormick, Esqrs., of Bryan, and Francis H. McLeod, Esq., of Chatham counties, be, and they are hereby appointed commissioners to carry into effect the pro- Proviso, visions of this act; Provided, nevertheless, that no construe- tion shall be given to this act which may authorize a rate of toll exceeding the rates established for Ogeechee bridge, and that market carts shall not pay more than twelve and a half cents. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. {Nd. 1117.] AN ACT to provide for the temporary management and security of the public property and reserves at Fort Hawkins, and to establish a Ferry across the Ocmulgee River. bea^entt° § L Be it enacted by the Senate and House of Represent- pointed by atives of the State of Georgia, in General Assembly met, and vernor"to 25 hereby enacted by the authority of the same, That an tend the aSent be appointed by the Governor, whose duty it shall be public pro- to take the superintendence and management of the lands For? Haw- anc* ot^er public property at and near Fort Hawkins, and kins and of the ferry across said river; shall rent out said houses and theferry, jancjg jn g^jj manner as he sha.ll deem most conducive to their safety and the public interest. The upper § 2. And be it further enacted, That the upper ferry on dlsconti- 6 said reserves be discontinued, and the lower ferry at New- ferry'a?e town kept operation, with the privilege of demanding Newton to toll as follows: for every four-wheel pleasure carriage, fifty operation! cents; for every two-wheel pleasure carriage, twenty-five Rates of cents ; for man and horse, twelve and a half cents ; for wagon fifty cents; and for every cart or light wagon, twenty-five cents; for each head of neat cattle, three cents ; and for every led or drove horse, six and a quarter cents. The agent. § 3. And be it further enacted, That said agent shall homTand give bond and security to the Governor in the sum of three security, thousand dollars, conditioned for the faithful performance of His pow- his duty ; and shall have power to take bonds for the rent *re' of lands and for the rent of the ferry, to prevent the com- mission of waste or trespasses, to remove intruders, and shall do such other acts, and exercise such other power and authority as may be necessary to the preservation of the pub- lie property ; and as compensation for his services shall be entitled to twenty per centum on the bonds which he may take under the provisions of this act. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1821. JOHN CLARK, Governor. AN ACT to alter and amend the several road laws in [No. ma.j this State, so far as relates to the County of Glynn. § 1. Be it enacted by the Senate and House of Representa- a board of tives of the State of Georgia, in General Assembly met, and doners,Sto it is hereby enacted by the authority of the same, That consist of I i /» •• , • , • /» i six, to take a board oi commissioners, to consist of six persons, be ap- undertheir pointed to take under their management all public roads in ™e™gtbe the county of Glynn, that they shall be deemed a body public road corporate and politic, shall in case of any vacancy in their county of body have the power to fill such vacancy, and shall be capa- ^orated ble of suing and being sued, impleading and being impleaded Their pow in any court of law and equity in this State. and be?1* § 2. And be it f urther enacted, That the commissioners sued, &c. to be appointed under this act, or a majority of them, shall missioned lay off or cause to be laid off as many road districts in the ®{$°1rnted county as they may deem useful and necessary ; shall appoint this act suitable persons to receive the annual returns of all male ^In^ow"- slaves made liable to perform road duty; shall collect all ^;bde^"fu. taxes which may be imposed by this act, and apply the mo- iy7nethisU ney so collected at their discretion to the several road dis-to tricts which may be by them established. roads, &c. § 3. And be it further enacted, That the person or per- Returns of sons appointed by the said board to receive returns shall madeun-ba require on oath a list of all male slaves from the age ofd{jrj^of eighteen to forty-five, to be made by the owner, agent, or the age of manager of such slave or slaves, and on refusing or neglect- fonyf5" to ing to make such return the owner, agent, or manager, as gb|u:b™hat aforesaid, shall be subject to a fine of twelve dollars for done in every such slave he, she, or they may have refused or ne- f^Lof re" glected to return, to be recovered by a warrant of distress and sale of the offender's goods and chattels, under the hand and seal of a majority of the board of commissioners aforesaid. § 4. And be it further enacted, That all owners of male ^taxjaid slaves, their agent, or manager, shall, when called upon by slaves over the board of commissioners, pay into their hands the sum five asunder dollars annually for each and every male slave or slaves forty-fiveia owned or managed by them from the age of eighteen to ty'fokeep forty-five, the better to enable them the said board to carry the roads into effect the intention of this act; and on refusing or ne- "^p®11, glecting to pay the amount as aforesaid, the owner, agent, or manager of every such slave or slaves shall forfeit and pay for every such slave annually the sum of twelve dollars, to be recovered by warrant of distress and sale of the offender's goods and chattels, under the hands and seals of a majority of the aforesaid board of commissioners. § 5. And be it further enacted, That all free negroes, ah free mulattoes, and free persons of colour, whose colour shall be m^iattoes, adjudged by said commissioners, from the age of eighteen to forty-five, shall be considered on the same footing of male colour slaves, and shall be subject to the like tax of five dollars an- nually ; and in case of their refusing or neglecting to pay the footing as same when called upon, shall be proceeded against in the HabieVa1 manner above pointed out for the collection of fines. § 6. And be it further enacted, That Henry Dubignon, Commis- James Moore, C. C. Cooper, Thomas Dover, Samuel Boyd, JJ- and Isaac Abrahams be, and thev are hereby appointed com- cari;y this • • . . , •• p ,i • , act into full missioners to carry into effect the provisions ot this act; effect. Provided, nevertheless, that nothing herein contained shall Proviso. be so construed as to prevent said commissioners from 366 ROADS, BRIDGES, AND FERRIES. applying any part of the tak hereby imposed to the purpose of thirty-seven and a half cents ; cart and three horses, twenty- opening and keeping open a cut leading from the lower five cents ; cart and two horses, eighteen and three-quarter part of Brunswick to Braughton Island, and the Altamaha, cents ; cart and one horse, twelve and a half cents ; Jersey any law to the contrary notwithstanding ; any law militat- wagon, eighteen and three-quarter cents; man and horse, six ing against this act be, and the same is hereby repealed. ' and a quarter cents ; gig and horse, twenty-five cents ; each DAVID ADAMS, head of cattle, two cents { each head of hogs or sheep, one Speakerof the House of Representatives, celit. MATTHEW TALBOT, . § 3. Provided, nevertheless, That before the said William sjaa. President of the Senate. H, Edwards shall, be entitled to receive toll, he shall give gjve bJU Assented to, December 25th, 1821. bond and sufficient security to the Inferior Court of the JOHN CLARK, Governor, county of TatnaU to keep the said bridge in good and suffi- inferior cient repair, to ensure the safety of all passengers across said [No. tii9.] AN ACT to authorize William Terry to receive Toll for river. . ... County' the use of a Bridge erected by him across Yellow §4. Provided furtherThat the said William H. Ed-Proviso. Riverain the County of Gwinnett. , wards shall not receive any toll hereby contemplated until William §1. Be it enacted by the Senate, and House of Repre-- after the said bridge shall be adjudged by the Inferior Court tho&ed \o sentatives of the State of Georgia, in General Assembly met, of the county of Tatnall to be sufficiently secure for the receive toil and n js hereby enacted by the authority of the same, That safety of all passengers ; and if at any time the said bridges bridge from and immediately after the passing of this act it shall should be out of repair so as to endanger the safety of pas- f0"°jiyJrel* be lawful for William Terry to ask, demand, and receive sengers, the right hereby granted shall be forfeited and in the « toll for the use of a bridge erected by him across Yellow become null andv void to all intents and purposes; Pro-,, Gwinnett^ river in the county of Gwinnett, at the following rates, viz.: vided, nevertheless, that nothing herein contained shall pre- Proviso, ratesthere- ^or a l°aded wagon, fifty cents ; for an empty wagon, twenty- vent said Edwards from recovering toll, at the ferry until of. ' five cents; for all four-wheel carriages of pleasure, .fifty such time as said bridge be complete. cents; for a Jersey wagon, twelve and a half cents,; DAVID ADAMS, for a loaded cart, twenty-five cents; for an empty cart, twelve Speaker of the House of Representatives, and a half cents ; for. all two-wheel carriages of pleasure, MATTHEW TALBOT, • twelve and a half cents ; and for a man and horse^ six and a . President of the Senate, quarter cents. . , Assented to, December 3d, 1821. The infe- § 2. And be it further enacted, That whenever the Tn- JOHN CLARK, Governor, of Gwta-1 ferior Court of the county of Gwinnett shall think proper *"= hett au- to render said bridge free for the citizens of this State said AN ACT to secure to the Trustees of the German Lu- [No. 1121.] take the W court shali be, and are hereby at liberty to take the owner- theran Congregation at Ebenezer, in the County of oFsaWhip S*"P °f the said bridge upon said county by paying to the Effingham, and their successors in office, the exclusive bridge on said Terry, his heirs, or assigns a reasonable valuation for right of a Toll Bridge across Ebenezer'Creek for the Twryare'a- tbe same, the value of which may be ascertained by five benefit of their Institution ; and to repeal an Act, passed !S?tton va' dislnterested persons, two of which may be chosen by said - on the fifth day of December, one thousand severihun- .therefor, to Terry, his heirs, or assigns and the other three by said dred and ninety-nine, entitled " An Act securing to tainedby ?°.ur-^ a majority of whose opinions as to the value of said John King, his heirs, and assigns the exclusive right 'bndgedt&U be conelonye, and whmh shall be entered upbn the Bf erecting a ToU Bridge across Ebenezer Creek." ■ r persons, minutes of the said Inferior Court: in case said Terry, ^hereas, the trustees of the German Lutheran cohgrega- his heirs, or assigns shall fail on ten. days' notice being at Ebenezer havc at the solicitation of the several given to select appraisers on his or their part, then said In- members of their congregation and of a large number of ferior Court shall be at liberty to nominate the whole the inhabitants of the county of Effingham, purchased from nu!1„er'? appraisers. the heirs of John King all their right, title, and interest to S.ST" ■?,3: A"d^e * f»r>her enacted. That nothing in this act (he brid acr0S5 Ebe°ezer creek f„ tbe said cou„, of Ef. ££%£ r T i Sha" bV° cof'rued asto P™ent any future fi , and bave latel erected a „ew and substantial SS General Assembly from altering or amending any part of brg in tbe pIace of the' one erected and built by the said tttaioi. this act. ^ DAVID ADAMS John King; and whereas, it is found by'experience that the Speaker of the House of Represeiitatives. fcw inhabitants who are rsquired to work on that part of the V, ., f ... ' • Augusta road called Ebenezer causeway are incompetent to • i u,.n 10„, PresldentoftheSenirte- keep the same in repair; ssen e , ecem er s, * § l. Be it therefore enacted by the Senate and House of Re- TJie JX CLARK, Governor. yreserdatives of the State of Georgia, in General Assembly G^m°an 1- AN ACT ,0 outsize William H. Edwards to MU ^b^ mid a Bridge across the Canmchee River on his own land, bound t0 k(!ep i„ a complete and substantial manner the at or near the place now known as OneaTs Ferry. bridge now across Ebenezer creek in, the county of Effing- Williamh. ^ §1. Be it enacted by the Senate and House of Representa- ham, on the Augusta road, capable of sustaining all car- bridge . authorized tives of the State of Georgia, in General Assembly met, and riages of common use ; and shall also keep in complete ®cer^fcS bridge**a ^ ™ enacted by the authority of the same, Thatfrom repair the causeway leading from said bridge through Ebe- across the and immediately after the passing of this act, it shall and nezer creek swamp, which said bridge shall never in any Effingham, canoochee may be ]awful for-William H. Edwards to build a public manner or at any time (the periods of extraordinary freshets 5^^%. bridge across the Canoochee river on his own land, at or excepted) impede or obstruct the navigation of the said way . # near the place called and known by the name of Oneal's creek. , » Camp, ferry. ^ ' §2. And be it further enacted, That whenever the said Mr^ng Rates of §2. And be it further enacted by the authority aforesaid, bridge or causeway shall be in such a condition as to ex- fn regard t0,L That the said William H. Edwards be, and he is hereby au- pose passengers or property to loss or damage; or whenever thorized to receive, after completing said bridge, the fol- the' said bridge shall impede the navigation of the said bridge or lowing rates of toll, to wit: for every wagon and team, creek (cases of extraordinary freshets excepted), the jus-cauKin>y thirty-seven and a half cents; four-wheel pleasure carriage, tices of the Inferior Court of said county, or any three of ROADS, BRIDGES, AND FERRIES. 367 Proviso. them, shall give notice thereof to the trustees or their secre- tary and of the necessary repairs to be done to the said bridge or causeway; and if the said trustees do not, in thirty days after such notice, proceed to make such repairs, then it shall be lawful for the said justices or any three of them to cause the said repairs to be made and done, and furnish the said trustees or their secretary with an account thereof, the amount of which account the said trustees shall be bound to pay, and if they shall fail to pay the same on de- mand it shall be lawful for the said justices or any three of them to issue an execution for the amount of such account directed to the sheriff of the said county, which shall be levied on the property of the aforesaid congregation, and the money made from the sale thereof as in cases of execu- tions on judgments ; Provided, that the said justices in case it shall be necessary for them to repair the said bridge or causeway, shall have the repairs done in the most reason- able manner. feesdtohoid § 3- be it further enacted, That the said trustees said bridge and their successors shall hold the said bridge and the pro- profits6 flts arising therefrom for forty years, for the use of the said thereof for congregation, and be entitled to receive, and may lawfully • RatesofrS demand the following toll: for every wagon, drawn by four *oi'. — horses, fifty cents ; for all other four-wheel carriages, fifty cents ; for all two-wheel carriages, twenty-five cents ; for 1 man and horse, twelve and a half cents ; for all black cat- tie, per head, three cents; for all hogs, sheep, or goats, one cent; and for every single horse, six and a quarter cents. No public § 4. And he it farther enacted, That no public bridge or fe"ry6to°be ferry Permitled to he established within five miles L established of the said bridge during the right of the said trustees and miles offive their successors to the privileges hereby granted to them. The acfse § ^e ^ father enacted, That an act entitled " An curing to Act securing to John King, his heirs, and assigns the ex- fterMu'to elusive right of erecting a toll-bridge across Ebenezer erect a toil Creek" be, and the same is hereby repealed, across Ebe- § 6. And he it farther enacted, That nothing in this act repealed'6'* containe(i shall be so construed as to prevent a future Ge- Nothing' neral Assembly from altering or repealing the whole or any part thereof should it be deemed expedient. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, . President of the Senate. whoieSoJhe Assented to, December 24th, 1821. JOHN CLARK, Governor. subject to the laws now in force, with the exception of the following persons, viz. Thomas E. IJardie, Thomas Tucker, Thomas Miller, Joseph Hull, and Britain Bunkley, who shall in like manner be subject to perform said duty on a new road leading from said road near said Cross swamp in an eastern direction past the Horse Stomp, from thence such course and distance as the commissioners thereof shall direct. § 4. And he it farther enacted, That Robert Stafford, Ray Sands, and William Craig be, and they are hereby ap- pointed commissioners of the roads of said island ; and that Thomas E. Hardie, Thomas Tucker, and Joseph Hull be, and they are hereby appointed commissioners of roads for said last-mentioned new road ; and that James C. Dil- worth, Alexander Atkinson, and Jonathan Hull be, and they are hereby appointed commissioners for the first-men- tioned road from said main post-road to said Noddings' Point. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. Exception thereto, who ehall work on a new road leading past the Horse Stomp. Commis- sioners ap- pointed for the differ- ent roads. herein con- tained to prevent a future Ge- neral As-, senibly from alter- ing or re- any part iJf this Act. [No. 1122." Certain""1 persons on Cumber- land and Little Sa- tilla, in Camden County, ex- empt from working on the main Post-road lor three years. To perform 'road duty on the irlands. Whatinha- bitants are to work on the road from the Post-road 'o Nod- dings Point. AN ACT to relieve the Inhabitants of Cumberland Island and Little Satilla, or Hazzurd's Neck, in the County of Camden, from; working or performing road duty on the main Post-road, to appoint Commissioners, and to compel the persons within the limits of the same to work on private roads therein named. Be it enacted by the Senate and House of Representa- tives 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 passing of this act, the inhabitants of Cumber- land Island and Little Satilla, or Hazzurd's Neck, in the county of Camden, be, and they are hereby relieved and ex- empt from working on the main post-road for the space of three years. § 2. And be it farther enacted, That the said inhabitants of said island who are subject to perform road duty by the laws of this State shall be compelled to perform the same on the roads of said island. § 3. And be it farther enacted, That the inhabitants of the said neck, that is to say, those below the Cross swamp who are subject to perform road duty by the laws of this State, shall be compelled to perform the same on the road now leading from the said nnst-maH ^ No^jngg p0int? AN ACT to regulate the Rates of Ferriages for the [No. 1123.] County of Early, and to secure to John Griffin, his heirs, and assigns the right of a Ferry-landing across Flint River on his own Land. § 1 .Be it enacted by the Senate and House of Repre- Rates of sentatives of the State of Georgia, in General Assembly ufeChatta- met, and it is hereby enacted by the authority of the same, That from and after the passage of this act it shall be law- rivers in ful for any person or persons keeping what is commonly ^Eariy"^ called a flat or ferry-boat fop the conveyance of travellers, &c. on the Chattahoochee and Flint rivers, within the said fanted?fU county of Early, to ask and demand the following rates of ferriage as a compensation for their services ; that is to say, for the ferriage of either of the aforesaid rivers, for a man and horse, twelve and a half cents; for a loaded cart and one horse, or Jersey wagon, thirty-seven and a half cents ; and for either empty, twenty-five cents ; for a road wagon and four horses, if loaded, one dollar ; for the same empty, seventy-five cents ; for a four-wheel pleasure carriage, one t dollar; for a two-wheel ditto and one horse, thirty-seven and a half cents ; for each loose horse, six and a quarter cents ; and for each footman, six and a quarter cents ; for each head of horned cattle, three cents ; and for each head of sheep, goats, and hogs, two cents. § 2. And be it farther enacted by the authority aforesaid, Penalty on That any person or persons keeping ferries as aforesaid who {^de- . shall presume to ask more or greater ferriages shall forfeit mand more and pay to the party from whom such demand is made five fernage6' times the sum so demanded, to he received [recovered] be- fore any justice of the peace for said county, and subject to be indicted and fined, at the discretion of the court, for a breach of the law ; any law to the contrary notwithstanding. § 3. And be it further enacted, That John Griffin, his John^Grif| heirs, and assigns be, and they are hereby secured in the right innth|Cright of a ferry-landing across Flint river on his own land, at the }an^in£erry place known and designated as Fort Scott, on number two acrossFiint hundred and twenty-four in the twenty-first district of Early county. § 4. And be it further enacted by the authority aforesaid, Persons That any person or persons keeping a ferry across a small feerery afrow watercourse in said county called Spring creek shall be en- ®rper^ga,_ titled to receive the one-half the rates allowed as above, and lowed half no more, and subject to all the penalties as above. the rates. § 5. And be it further enacted, That any law or parts of Repealing clause. 363 ROADS, BRIDGES, AND FERRIES. laws militating against this act be, and the same are hereby AN ACT to establish a Ferry an the Chattahoochee n*j repealed. DAVID ADAMS, River, in the County of Hall, on the Federal Road, at Speaker of the House of Representatives. a place known by the name of Winn's Ferry. MATTHEW TALBOT, § Be it enacted by the Senate and House of Represent-a pnb\\t ' President of the Senate, atives of the State of Georgia, in. General Assembly met, bjIshetf'oB Assented to, December 15th, 1821. and it is hereby enacted by the authority of the same, That J1l^haUlr JOHN CLARK, Governor, from and after the twenty-fifth day of December next, that a river lupoi . public ferry be established on the Chattahoochee river, upon <* in.. !«.] AN ACT to establish and make permanent the Ferry an the of ^.hard Wi„„, and the right offerrvf'omthence w™ M ► j7 /~i 7 t»• . j7 A * Jsyamit*. 7 across tiic same to the opposite side of said river where the thereof the Ocmulgee River, in tlie County of Jasper, known Federal road strikes thfl ^ bank of the game . which ' by the name of Eleazer Adams s Ferry. ;jght of ferry ig hereby ycstbd in the gaid Richard Winn> *»«« The ferry Beit enacted by the Senate and House of Representatives ■ h\$ heirs; executors, administrators, or assigns, for and du-tlme- . mu!gee°C" of the State of Georgia, in General Assembly met, and it is ring the time the Cherokee nation holds possession of the Jasper11 hereby enacted by the authority of the same, That the ferry land on the opposite side of said river. County.es- on the Ocmulgee river, in the county of Jasper, at the land- § 2. And. be it further enacted, That the. said Richard ftaiesor andEiea- ing belonging to Eleazer Adams, adjoining lands of David Winn, his heirs and assigns, may ask, demand, and receivefemagt authorized8 Adams, cahetl a"d known by the name of Adams's ferry, for the said ferriagp the several prices and rates following, to receive be, and the same is hereby made and declared a public ferry; and no more, that is, to say : for every loaded wagon and ton as"is sa^ Eleazer Adams, his heirs, or legal representa- team, fifty cents ; if six horses, seventy-five cents ; for every charged at tives are hereby authorized to ask, take, and receive from empty wagon, thirty-seven and a half cents ; for every loaded rteseonUie all persons crossing at said ferry the same rate of toll or fer- cart, thirty-seven and a half cents; for every empty cart, river. riage that is by law allowed or established at other public twenty-five cents; for every four-wheel pleasure carriage, Proviso, ferries on said river : Provided, nevertheless, that nothing fifty cents;. every two-wheel pleasure carriage, twenty-five contained in this act shall be so construed as to deprive the cents ; for man and horse, twelve and a half cents; for • purchaser or purchasers of the fraction on the west side of every, foot traveller, six and a quarter cents; every single said river on which the said flat or ferry-boat may land of horse, six and a quarter cents; for neat cattle, per head, any right, title, or privilege to which he, she, or, they might two cents ; for all sheep, hogs, &c., one cent. ,or would be entitled provided said act never had been passed. §3. And be it further enacted, That the said Richard said win DAVID ADAMS, Winn shall at all times give due attendance to the said ferry, ^tendance Speaker t)f the House of Representatives, except in the time of high water, or in the night-time, and®tsai^ MATTHEW TALBOT, shall keep a good and sufficient ferry-boat, or flat, for the President of the Senate, conveyance of passengers across said river. Assented to, December 3d, 1821. § 4. And be it further enacted, That the said Richard Winn Shaiinui» ' , JOHN CLARK, Governor, shall make good all losses which may happen to any person 1 crossing said river at said ferry by or through his neglect. thronghto - , DAVID ADAMS INO. II*.] AN ACT to authorize James A. Everilt and John Rawls Speaker of the House of Representatives. to establish a Perry across the Ocmulgee, one landing , MATTHEW TALBOT thereof being on their oum land in the County of Pu- President of the Senate. laski, and the other upon a fraction belonging to the Assented to, December 21st, 1821; • State. , JOHN CLARK, Governor. James a. §1. Be it enacted by the Senate and House of Reptesenta- ' ' ~~ andJohn lives of the State ofGeorgia, in General Assembly met, and it AN ACT to alter and amend an act entitled " An Act [N°- 1Ji7l Xawis is hereby enacted by the authority of the same, That the afore- to secure to the legal proprietors of the Land and 7b?rigfi>f said James A.Everitt and John Rawls, their heirs and assigns, Landing at a place known. by the name of Cartel's , "crossthe ^ ^ere^y authorized end empowered, so far as the Legisla- " Ferry on the Altamaha River, in the County of Tat- ocmulgee ture of the State of Georgia can vest in them, to erect a ferry , null, the right of an established Ferry,passed 21'id He- laskicoun- across the river Ocmulgee as aforesaid, and be entitled to de- cember, 1820. rnand and receive the following rates of ferriage or toll, to wit: § 1. Beit enacted by the Senate and House of Repre- a right ef Ferriage. ,for a loaded wagon, team, and driver,fifty cents; for an empty sentatives of the State of Georgia, in General Assembly vwatgon, team, and driver, thirty-seVen and a lialf, cents ; for a met, and it is.hereby enacted by the authority of the.same, gph™ four-wheel pleasure carriage, fifty cents; for a two-wheel .'That from and after the passage of this act, the right of a the we* pleasure carriage, twenty-five cents j for a loaded cart, team, public ferry on the west side of said Altamaha Tiver, in the and driver, twenty-five cents; for an empty cart, team, and county of Appling, on the lands of Stephen Mays, he esta-nverfei ' driver, eighteen and three-fourth cents; for a horse and blished to said Stephen, Mays, his heirs and assigns, it being count/- rider, twelve and a half cents ; for every led horse, mule, or the opposite side of the river against the aforesaid Carter's ass^six arid a quarter cents ; for each head of cattle, two ferry, in Tatnall county ; but nothing herein "contained shall cents; for each head of hogs, sheep, and goats, one cent; be so construed as to deprive the legal proprietors of the and for each foot passenger, six and a quarter cents. ' said land on the east side of said river in Tatnall, county, pair the"1" § it further enacted by the authority aforesaid, which said ferry was established, of any right or privilege right of the That nothing herein contained shall be so construed as to that they were entitled unto by the aforesaid act, so far as of thofrac- prevent any person or persons who may become purchasers respects the banks in Tatnall county. Muth west *'ie frac^on on the south-west side of said river opposite , § 2. And be it further enacted by the authority aforesaid, rifeoftile said ferry from an equal participation in the profits of the That the rates of said ferry shall be as follows: For man ern nTW* same. DAVID ADAMS, and horse, short ferriage, twelve and a half cents; for each Speaker of the House of Representatives.. head of neat cattle, three cents per -head ; for all sheep, MATTHEW TALBOT, goats, or hogs, two cents per head ; and in all cases of mid- President of the Serrate, die ground ferriage, for man and horse, fifty cents; for led Assented to, December 25th, 182T. horse, twenty-five cents; for loaded carl and two horses, one JOHN CLARK, GoVernor. dollar and twenty-five cents; for loaded cart and one horse, ROADS, BRIDGES, AND FERRIES. 369 tme dollar; for empty cart, seventy-five cent3 ; f6r a loaded wagon and four horses, two dollars ; for a loaded wagon and two horses, one dollar and fifty cents; for an empty wagon, one dollar and twenty-five cents ; for all four-wheel pleasure carriages, one dollar and fifty cents ; for all two- Long for- wheel pleasure carriages, one dollar; and in all cases of ri,Se- long ferriage double the amount of middle ground ferriage: any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1821. I No. ii23.i JOHN CLARK, Governor. AN ACT for the establishment of two Ferries on the Ocmulgee River, in the County of Jones, to be known by the names of John So well's and Zachariah Booth!s Ferries. Terries e«- Be it enacted by the Senate and House of Representatives across the °f State of Georgia, in General Assembly met, and it is ocmulgee hereby enacted by the authority of the same, That from and Jones1" immediately after the passing of this act, that public ferries 1 atJohn ke' and the same are hereby established at the places |Sowei'sand hereinafter mentioned, viz.: one at or near the place now Booth's."'1 ca^ed John Sowell's ferry, and the other at or near the Ocmulgee high shoals, known by the name of Zachariah Booth's ferry. To have § 2. And be it further enacted-by the authority aforesaid, tending'on That the said John Sowell and Zacariah Booth have the Refraction privilege of landing their flats on the fraction lying on the south-west south-west bank of the aforesaid river where they now land, J river. °fthe until the said fractions shall be sold; and the said John The infe- Sowell and Zachariah Booth be authorized to receive such to°establish to^ as Inferior Court of Jones county may think proper -thetoil, to ordain and establish. DAVID ADAMS, Speaker of the House of Representatives. ' MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. [No. 1129.] AN ACT to establish and make permanent the Ferry on the Ocmulgee River in the County of Jasper, called and known by the name of William Scott's Ferry. the'ocmu" ^ enacted by the Senate and House of Representatives see river, in of the State of Georgia, in General Assembly met, and it is ' ofejaspe"'y hereby enacted by the authority of the same, That the ferry ' andmadea on ^ Ocmulgee river, in the county of Jasper, at the land- public fer- ing belonging to William Scott, and known by the name of " ed ted,wn- Scott's ferry, be, and the same is hereby made and declared Sam Scott, a public ferry ; and the said William Scott, his heirs and legal representative^ are hereby authorized to ask, take, and receive from all persons crossing at said ferry, the same rate of toll or ferriage that is by law allowed or established at Proviso. other public ferries on said river; Provided, nevertheless, , that this act shall not extend so far as to prevent any other person or persons from the same privileges that may pur- chase the fraction on the west side of said river opposite said „ ferry. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. INo. ii30.] AN ACT to establish and make public a Ferry across the Ocmulgee River, known by the name of Mark Pat- terson's Ferry. § 1. Be it enacted by the Senate and House of Represent- atives of the State of Georgia, in General Assembly met, A a a and it is hereby enacted by the authority of the same, That Mark Pat- from and immediately after the passage of this act, the ferry ryo^the"" heretofore known by the name of Mark Patterson's ferry, in the county of Jones, be, and the same is hereby established a public and made public, with the privilege of landing his flat on the ferry- south-west bank of said river, on fraction number two hun- dred and ninety, until the said fraction shall be disposed of by the State. § 2, And be it further enacted by the authority aforesaid, Rates of That the said Mark Patterson shall receive such rate of toll wlmm to as the Inferior Court of said county may ordain and esta- be fixed- blish) any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1821. JOHN CLARK, Governor. AN ACT to establish and make public the several Fer- [No. 1131.] ries hereinafter mentioned. Be it enacted by the Senate and House of Representatives j0hnR. of the State of Georgia, in Qeneral Assembly met, and it is !^8joei : hereby enacted by the authority of the same, That from and Wise's immediately after the passing of this act the ferries on the [heOcmui- Ocmulgee river, in the county of Jasper, known by the name geeriver, of John R. Cargile's and Joel Wise's ferries, be, and the county?' same are hereby made and declared public ferries, and the said pub" Cargile and Wise, their heirs, and legal representatives are Ferriage, hereby authorized to ask and receive from any person or persons crossing at either of the said ferries, the same rate of ferriage that is by law allowed or established at other public ferries on the said river ; Provided, nevertheless, that Proviso, this act shall not extend so far as to prevent any other person or persons from the same privileges who may purchase the fractions on the west side of the said river opposite the said ferries. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to,'December 21st, 1821. JOHN CLARK, Governor. AN ACT to alter the eighth section of an Act, entitled !No- 1132-l " An Act to alter and amend the Road Laws in this State f so far as respects the County of Tatnall. Whereas, by the eighth section of the above-recited act, Preamble, the overseers of public roads are required to cause their re- spective roads to be cleared out at least thirty feet wide, and all causeways at least sixteen feet wide; and whereas, no necessity exists in the county of Tatnall for this requisition ; Be it enacted by the Senate and House of Representatives ^sp"blic of the State of Georgia, in General Assembly met, and it is Tatnaii hereby enacted by the authority of the same, That from be cleared and after the passing of this act, it shall be, lawful for all overseers of public roads in the county of Tatnall to cause ly feet wide their respective roads to be cleared out not less than twenty ^slJ^aya feet wide, and all causeways not less than twelve feet wide ; not less any law to the contrary notwithstanding. twelve feet. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 5th, 1821. JOHN CLARK, Governor. AN ACT to,amend an Act, entitled "An Act to amend [No. 1133.] the several Road Acts regulating Roads in this State, so far as respects the operation of said Ac£s in the Counties of Bryan, Liberty, Mcintosh, Glynn, Cam- 370 ROADS, BRIDGES, AND FERRIES. den, and Wayne? [50 far as respects the County of AN ACT to incorporate the Turnpike Companies of Mil* [N0.113&; Mcintosh. ledgeville, Greenesboro, and Eatonton. Not less § 1. Be it enacted by the Senate and House of Represent- Be it enacted by the Senate and House of Representatives Aumpi^ toconsti'-en atives of the State of Georgia, in Qeneral Assembly met, and of the State of Georgia, in General Assembly met, and it biiehed tutea it is hereby enacted by the • authority of the same, That any «> hereby enacted by the authority of the same, I hat a turn- Comm£ number of commissioners of the roads, not less than seven,1 pike-road shall -be established from the city of Augusta to 8ueta *> S3£teof shall at all times constitute a board to transact business relat- Fort Hawkins, to pass through Warrenton, Sparta, Mil-kiDg. Mcintosh ing to the reads of said county, and that all their proceed- ledgeville, and Clinton, the proprietors of which may dispose proctor, -.county. ingg in conformity with the existing road, laws for the go- ?f a capital stock of -four hundred thousand dollars, divided ^ ofa vernment of said county shall to all intents and purposes be into shares of one hundred dollars each. sSir valid and binding, the same as though a majority of all the mi§ 2, And be it further enacted by the authority aforesaid, |wooo. commissioners were present. , That the subscription- for' constituting and collecting the Jfc Duty of the § 2. Aniheit further enacted by the authority aforesaid, c/P!'3J >"• moorporat.on shall be opened SoneT* That wheriany road shall Become impassable, dangerous, or first day of March next m the city of Augusta, under ejecting when the difficult, it shall be the duty of the commissioners of the dis- the direction and ^superintendence of Samuel Hale, Jo- J*"** ££& trict where such obstructions may exist forthwith to call, oui ««ph Hutchinson, and Anderson Walk.ns, or any two of»j»w ab/e or a sufficient number of slaves to repair, said road; and in that all them ; also, and for the same purpose and at the same time, be opene^ such cases of emergency, one day's notice to the owner, at Sparta, .under the direction and superintendence of John ^ overseer, pr agent of such slaves as may be required shall Abercrombie,-William Terrell, and Robert W. Alston, or perinteud- be deemed sufficient, and on refusal Or neglect to obey such any two of them ; also, and for the same purpose and ate 1 notice; proceedings shall be had against the delinquent in the same time, at Milledgeville, under the direction and su- the same manner as in the before-recited act'. '' - , perintendence of Zachariah Lamar, James Camak, and Joel Extra road § 3. And be it further enacted by the authority aforesaid, Crawford, or any two of them ; also, and for the same dut*- That all persons who may be called out to perform extra purpose and at the same time, at Clinton, under the super- road duty in conformity with this act shall be credited for iutendencO, of James Smith, Jonathan Parish, and Thomas i the same on the books of the board, and all such labour shall Hamilton, or any two of them ; also, and for the same pur- be deducted at the annual period of working on the rOads. P°se and at the same tinie, at Fort Hawkins, under, the di- Repealing § 4. And be it fuHher enacted. hV % authority aforesaid, rection and superintendence of H. K. Smith, James S. Fri- clause. That all parts of the before-recited act that militates with erson> and N. W. Wells, or .any two of them ; also, and fpr * [against] this act, be, and the same are hereby, repealed. , the same purpose and at the same time, at Warrenton, under i ' ) . DAVID ADAMS the superintendence of John Fountain, John Persons, and Speaker of the House of Representati ves. Arthur Moncrief, or any two of them. The books of sub- Boob. of ' . ' ' 'MATTHEW TALBOT,- scription shall be kept open for the space of ninety days, tj0n to be ' ' . President of the Senate. Aurihg which time it shall and may be lawful for any per- Assented to,'December 15th, 1821. son or copartnership, being citizens of the State of Georgia, days. ■ . JOHN CLARK Governor, to subscribe for any number of shares not exceeding fifty; ■ - ' Provided, nothing herein contained shall prevent the State The state ■t„ IXT AriTi, * \c ) t) j tV * ■ ' ' j- of Georgia from subscribing any number'of shares not ex-Sritei* [m. U34.] AN ACT phat the foregoing sections, incorporating the Milledgeville Turnpike Turnpike Company, shall extend and govern the turnpike to°bego-y company to be known by the name of "the Greensboro the forego- Tu/nPike Company." ingsec- §22. And be it further enacted by the authority aforesaid, TheGo- That the Governor is hereby authorized to subscribe, on be- u?orized&to ^afe, *° tke Greensboro Turnpike Company not subscribe exceeding one hundred and fifty shares, under the same rules hundred .an(* restrictions that are laid down in the second section of sharesfty act' rncorPorating the Milledgeville Turnpike Company. Therurth of a entitled to a certificate accordingly, rhufact § 28. And be it further enacted by the authority aforesaid, " nay be re- That after this act shall have been in force thirty years it shall 0year«?er ke Subject to repeal, alteration, or smen^morit by the Legis¬ lature ; Provided, the par value of the stock is paid to the Proviio. stockholders before any act for repealing the charter shall be carried into effect. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. AN ACT to alter an Act, entitled An Act to incorporate fNo- H36.j the Washington Turnpike Company,passed the twenty- fourth of December, eighteen hundred and twenty-one. Be it enacted by the Senate and House of Representa- Books of lives of the folate of Georgia, in General Assembly met, and t^foMhe it is hereby enacted by the authority of the same, That the capital persons named in the above-recited act for the purpose of openedon* opening books of subscription for constituting the capital iB> stock of said turnpike company be, and they or a majority February,'* of them are hereby authorized to open books for the same ojenfo?1 purpose on the first Monday in February next, and keep them open for twenty days thereafter, during which time ay8' any person, copartnership, or corporation may subscribe for any number of shares not exceeding one hundred shares; and,should the whole number of shares not be taken within the said twenty days, it shall be lawful for any person, co- partnership, or corporation to subscribe for any number of shares that may remain unsubscribed for. § 2. And be it further enacted by the authority aforesaid, FiveDi- That so soon as the amount of stock authorized by the above- manage0 recited act, or any part thereof not less than one-third, shall the affairs be taken, the persons appointed to receive subscriptions shall company advertise in two or more of the public gazettes best calcu- be elecU lated to give notice to subscribers for stock that an election will be held twenty days thereafter, under their superintend- ence, at such place as they shall deem most convenient for the subscribers, for the purpose of making choice of five directors or commissioners to manage the affairs of the com- pany under such regulation sand restrictions as are ordained and imposed by the above-recited act. § 3. And be it further enacted by the authority aforesaid, That should the company fail to complete the road authorized the road6 6 by and within the time limited in the above-recited act, they ^^f® shall not be subject to the penalty therein imposed in case of ed, not sub- failure ; Provided, a part of said road not less than one-half penalty im- shall be completed within that period. proviso § 4. And be it further enacted by the authority aforesaid, Two* hun- That two hundred and.fifty shares be subscribed for by the g^sahnadreg State, and that the sum of fifty thousand dollars out of to be sub- the proceeds of the funds for internal improvement be, and bytbi? f°* the same is hereby appropriated and set apart, subject to the ®tat^ ^ order of the Governor at such times as calls shall be made tion there- on the stockholders generally for payment of their instal- for- ments ; Provided, nothing contained in this act shall be so Proviso, construed as to authorize the payment of any instalment by the State until the instalments due from individuals shall be first paid in, which shall be ascertained by a certificate of the presiding officer of said corporation to that effect being filed in the executive office ; And provided, that in no case Proviso, shall the State be called on for a sum greater than one-sixth of the whole amount of stock subscribed for. § 5. And be it further enacted, That any person or per- ^"rpereen, sons may subscribe for one-half or one-fourth of a share of scribe for said stock, and shall be entitled to a certificate accordingly. ^-fourth* § 6. And be it further enacted by the authority aforesaid, nfa share.. That all laws or parts of laws militating against this act be, clause.'"6 and the same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor- 374 ROADS, BRIDGES, AND FERRIES. [No. 1137.3 4N ACT to alter and amend the eighth section of an twenty hands while working said roads; and shall have form* Act entitled An Act to amend the Road Laws of this full power to contract for the building antl repairing bridges, bandf> State passed the nineteenth day of December, eighteen and all other duties necessary to have performed upon said hundred arid eighteen. ' roads \n time of vacation, and to be paid out of any moneys Roads to Be it enacted by the Senate and House of Representatives belonging to said roads. be cleared -... $tate 0f Georgia, in General Assembly met, That § 5* And be it further enacted, That any person or per- Persons S'andf from and after the, passing of this act, all overseers of roads son3 who maY hold any moneys that have been collected as roadfine| SSw appointed in pursuance of the before-recited act shall «"<*> « that in any manner-belongs.to said roads, be tj^* feet, and ause their respective roads to be cleared twenty feet wide, compelled to pay over the same to the said board of com- thecom. except niarket roads, which shall be cleared thirty feet muKioners „po„ oathbr -affirmation; and that«1 moneys 5--. wide- wide, and shall cause a)i causeways to b6 made sixteen feet arl3in£ f[°m 3aid road finf sbaU be appropriated to the be- approprt,- wide • any thing contained in the said section of the said act ne,bt and improvement of said roads, and that the middle to the contrary notwithstanding. ■ clause of the sixth section of the above^eciled act, author- J ALLEN DANIEL lzing said board to appropriate a part .of said moneys to the Speaker of the House of Representatives, opening certain ciits between Brunswick and Darien, be; , ■ MATTHEW TALBOT v and *be same is hereby repealed. r President of the Senate.' § 6- And be it further enacted, That the manner and Manner Assented to, December 21st, 1822. * mode of applying and collecting-road fines in said county, and modi • iu*i, — -- il J a CC , '• of collect- JOHN CLARR, Governor. sha11 be as bythe road )aws of the eiShth day of December, inga^ eighteen hundred and six. ^ tNo.iii38.] AN ACT to authorize the opening of a road front the § T* Be farther enacted, That all laws and parts of •Slapaha to Oi Fkridh line. . laws thijitating against this act be, and the same are hereby. The Go- Be it enacted by the Senate and House of Representatives reP ' . T T n . i\rfpr «wof the State of Georgia, in General Assembly met, and it is a 1 u c t» '+■ hereby enacted by tie authority of the same, That from and SPeaker Eeprcsentatives. tenants for immediately after the passage of this act, his excellency the MA1 ****;. , . ' opening a Governor be, and he is herebyauthorized to appoint two . t\ u o<* 1 1000 mencingon fit and proper persons to superintend, the opening of a road Assented to, December 23d, *822. to commence on the Alapaha at or nearCunningham's ' JOHN CLARK, Governor. Florida , Ford, on said river, passing through/districts number ten, .AT 4. , . T, ~^7 , . . ,7. , rr 77r„ p«Jn?,e twelve, and thirteen in the connty of Irwin, ind number AN Ai-T to authorize John Floyd to establish a Toll [Sana, rive?* eighteen aqd twenty-three in the county of Early, pursuing Bridge over the Apalachie River at or near his mills. • the best and most practicable route, until it intersects the Be it enacted by the Senate and House of Representatives JohnRojd Florida line near the Oclockney river. ■ of the State of Georgia, in General Assembly met, and it mEJJJ $15,000 ap- §2. And be it further enacted. That the sum of fifteen' hereby enacted by the authority of the same, That from 1°"*' propnated. hundred dollars be, and-the same is hereby appropriated to and after the passage of this act the said John Floyd shall thefpaSi carry the above-recited section into effect. " be, and he is hereby authorized to receive the following ratesclieerira* • v ALLEN DANIEL, of toll at a bridge now erecting, or which may hereafter be Speaker pf the House of Representatives, erected by him over the Apalachie river, at or near his MATTHE W TALBOT, mills, viz. : for each loaded wagon arid team of four horses, Hates* President of the Senate, thirty-seven and one-half cents ; for each empty wagon and tol1. Assented to, December 23d, 1822,', r team of four horses, twenty-five cents; for each loaded JOHN CLARK, Governor, wagon and team of two horses, twenty-five cents ;'for each ■ , ——-— , • empty wagon and team of two horses, eighteen and three- [No. 1139.] AN ACT to alter and amend the. Road Laws for the fourth cents; for all four-wheel carriages of pleasure,thirty- County of Glynn, passed the twenty-fifth December, seven and a half cents; for each loaded ox cart, twenty- eighteen hundred and twenty'one. five cents; for each empty ox cart, eighteen and three- John Har- Be it enacted by the Senate and House of Representatives fourth cents ; for all other two-wheel carriages except horse Wiiuam. of the State of Georgia, in General Assembly met,'and it is carts, which shall be at the same rate as empty ox carts, to'ethedded hereby enacted by the authority of the same, That from and twenty-five cents.;, for each man and horse, six and one- Commis-. after the passing of this act, that John Harris and William fourth cents ; for each loose or led horse, three cents ; for Giynu °f I*iles be added to the board of coriimissioners for said county, eachhead of neat cattle, sheep, of goats, one cent ;'and for Maiesiaves § ^furt^er enacted, That all male slaves sub- each mule the same rate as horses in similar situations ; Pro- Proviw' subjecuo68 ject to road duty in the county of Glynn shall work on the vided, that the said John Floyd shall be bound to keep the towodrk on Pubbc road 3a'd county, under the direction of said board, said bridge in good and sufficient repair, and be culpable for the public and be appointed as they of a majority of them may think all losses or injuries which may be sustained in consequence ■road' proper for the improvement of said roads. , > of any deficiency in the said bridge. Penalty on § 3. And be it further enacted, That in case of the owner ' 1 ALLEN DANIEL, fiis?ngStorfr or owners, manager or managers refusing to send their slaves „ Speaker of the House of Representatives. riavde8hioir so.subJ*ect at the timean(l Piace so appointed for working " MATTHEW TALBOT, work on said roads, shall pay for each arid every slave the surp of ,, President of the Senate, the road. seVenty-fiV(? cents per day for such neglect or refusal .; ex- Assented to, December 19th, i822. Exception. cept the inhabitants of the islands of St. Simon's and Jekyl, JOHN CLARK, Governor, whose owners or managers shall pay/or each slave so sub- ; ject, the sum of fifty cents per day. - AN ACT to authorize the erection of a Free Bridge [No. slaves to ' § 4. And be it further enacted, That the commissioners across Little River upon lands of John Cartledge, at £eedaysed af°resaid shall cause the slaves to be returned at least five . or near his Mills. dayofthe ^e^ore da? wo,^ing said roads, and shall not Whereas, many citizens of the counties of Lincoln and working, work more than six days jn the year ; and that said coin- Columbia have made liberal contributions for the purpose ier°toete ,nissi°ners> or a majority of them, be authorized to employ of erecting a bridge -at the place aforesaid; appointed one fit and proper person as an overseer for each and every Be it enacted bu the Senate and House of Representatives ROADS, BRIDGES, AND FERRIES. 375 a bridge of the State of Georgia, in General Assembly met, and it is tobe°erect- hereby enacted by the authority of the same, That it shall and citizens of Lincoln and Co- lumbia. Proviso. consent and co-operation of the said John Cartledge, to erect a bridge at the place aforesaid, and to keep the same in repair for public' use ; Provided, the said bridge be free, and no toll be at any time hereafter demanded from any per- son or persons crossing the same. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1822. JOHN CLARK, Governor. Francis S. : Martin ./ested with he right of i toll bridge icross the Ucofau- -jatchie " iver. Lilowed to ETJceivetoll. ates of I JUL [No. 1142.] AN ACT to establish a Toll Bridge across the Alco- > fautchie River on the line of Jasper County, and to vest the right thereof in Francis 8. Martin and his le- ! gal representatives. Be 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 passage of this act,- the bridge' across the Alcofauhatchie river known by the name of Mar- tin's bridge is hereby declared to be a public bridge, and the right of said bridge vested in Francis S. Martin and his le- gal representatives. § 2. And be it further enacted by the authority aforesaid, That the said Francis S. Martin shall be allowed to receive the following toll and no more, that is to say : for every loaded wagon and horses drawing the same, thirty-seven and one-half cents ; for each loaded cart and horses, eighteen and three-fourth cents ; for each empty wagon and horses, twenty-five cents ; for each empty cart and horses, twelve and a half cents ; for each two-wheel pleasure carriage, and the person or persons riding in the same, twelve and one- half cents ; for each four-wheel pleasure carriage, twenty-five cents ; for each man and horse, six and one-fourth cents; for each loaded ox cart, eighteen and three-fourth cents ; for every led horse, three cents ; for every head of cattle, two cents ; for every head of sheep, goats, or hogs, one cent; Provided, nevertheless, that whenever the fraction number eighty-eight in the ninth district of Henry county shall be sold, the purchaser shall be entitled to equal privilege on his side of the river. » ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. oviso. they might or would be entitled provided said act never had been'passed ; any law to the contrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. AN ACT to establish a Ferry an Broad River, the line [No. U44.] between Elbert and Madison Counties, known by the name of Denny's Ferry, and to vest the right thereof in certain persons therein named. Be it enacted by the Senate and House of Representa- Denny's tives. of the State of Georgia, in General Assembly met, and Br^d " it is hereby enacted by the authority of the same, That Ed- ^[gehrejst^e ward Denny, David Denny, Thomas Denny, Robert Denny, right there- John Penn, in the right of his wife, Jane Catherine Denny, certakfper- and Peggy Denny, have the exclusive privilege of landing sons., on either side of Broad river on their own land, at the ferry known by the name of Denny's ferry. Provided, that the Proviso, before-named persons, or their proper representatives,, do keep a good and sufficient ferry-boat at all times, for the conveyance of passengers, and give due attendance to said ferry. § 2. And be it further enacted by the authority aforesaid, Toil rates. That the following rates of toll shall be lawful to be re- ceived for ferriage at said ferry, to wit: For each loaded wagon and six horses, one dollar; for each empty wagon and six horses, sixty-two and a half cents ; for each loaded wagon and four horses, seventy-five cents ; for each empty wagon and four horses, fifty cents; for each four-wheel pleasure carriage, fifty cents ; for each two-wheel pleasure carriage, twenty-five cefits; for each loaded cart, thirty-seven and a half cents ; for each empty cart, eighteen and three- fourth cenls; for each man and horse, six and one-fourth cents ; each led horse, six and one-fourth cents ; each foot- man, six and one-fourth cents * for each head of neat cattle, three cents ; each head of sheep, hogs, and goats, one and one-half cents. § 3. And be it further enacted by the authority aforesaid, Said per- That the above-named persons, or their proper representa- make'good tives, shall make good all damages that may be sustained at al1 dama- • , ° > gea at said said ferry by neglect. • ferry. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 2d, 1822. JOHN CLARK, Governor. a»J'o. 1143.] tin 1 iwna's Ty, on 3 Ocmul- 5 river, in •sper >unty,de- ired a j-blic fer- ites of I the ' ne as on ler fer- a on said |;er. iviso. AN ACT to establish and make permanent the Ferry on the Ocmulgee River, in the County of Jasper, known by the name of John Towns's Ferry. Be 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 ferry on the Ocmulgee river in the county of Jasper, at the land- ing belonging to John Towns, called and known by the name of Towns's ferry, be, and the same is hereby made and de- clared public ferry ; and the said John Towns, his heirs, or legal representatives are hereby authorized to ask, take, and receive from all persons crossing at said ferry the same rates of toll or ferriage that is by law allowed or established at other public ferries on said river ; Provided, nevertheless, that nothing contained in this act shall be so construed as to deprive the purchaser or purchasers of the fraction on the west side of said river on which the said flat or ferry-boat may land, of any right, title, or privilege to which he, she or AN ACT to exempt front Road Duty, on certain condi- tions, all Male Slaves on the Island of Ossabaw. Whereas, all male slaves on the island of Ossabaw are re- quired to perform road duty on the main ; and whereas, by such requisition they are not only subjected to much incon- .venience, but exposed to great hazard ; Be 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 it shall be lawful for all owners of male slaves on the island of Ossabaw either to perform road duty in conformity to the laws now in force, or to commute for the performance of such duty, by paying for each male slave liable to work on the public roads the sum of three dollars per annum. § 2. And be it further enacted by the authority aforesaid, That the owners or managers of such slaves shall be sum- moned in the manner pointed out by the law regulating roads in the county of Bryan, and on refusing to deliver to [No. 1145.] Preamble. Owners < male si a- on the is land of ( sabaw lis pay thre dollars o each pej annum i a com mi tation foi road dut; Owners re- fusing to furnish the summon- ers with a list of their 376 • ROADS, BRIDGES, AND FERRIES. Sct£c'the Person summoning a list of Such slaves, or neglecting to AN ACT to establish a Ferry on the Altamahd River, tN°- J certain pe- perform the duty enjoined, or to commute for their labour,' . at a place called Town Bluff, and to establish the Rates Balues* shall be subjected to all the pains and penalties which the of Toll at the same. • existing road laws inflict. ' Be it enacted by the Senate and House of Representatives § 3. Andbe 1t further enacted, That all fines which may fthe State f Georgia, in General Assembly met, and ?< gSJ* Actiiow b® incurred under this act shall be paid into the hands of £ herei enJacted b» the authority 0f the same, That it £.13*. applied, the commissioners of the road district where the labour of [No. 1147.] an ACT to amend an Act, entitled An Act to establish for an empty wagon, team and driver, twenty-five cents; a Ferry across the Altamaha River, at the, place com- *for a four-wheel pleasure carriage, fifty cents; for a two- monly called Binder's Ferry, and to establish the Rates wheel pleasure carriage, twenty-five cents ; for a loaded thereof. , cart, team, and driver, twenty-five cents ; for an empty cart Ferriage of Be it enacted by the Senate and House of Representatives a5ld driver' ^Shteen ahd three-fourth cents ; for a horse and Of the State of Georgia, in General Assembly met, and it is ndef slx an<1 one-fourth cents; for every led or loose horse, per head, fo^by enacted by the authority of the same, That from and mule' or ass> S1X and • one-fourth cents; for each head of after the,passing of this act, the price of crossing cattle at cattle'tw0 cents 5 for each head of hogs, sheep, or goats, said shall be four cents per head. one cen^ \ 1 %£&£ § 2. And be it further enacted by the authority aforesaid, § 2- And *** further enactfd hV authority aforesaid, f£rt£n That any Person or persons shall ask, demand, or receive ' That nothing herein contained shall be so construed as to allowed by any higher' rates of ferriage at the said ferry than is esta- Pr€vent any Person or persons who may become purchasers westside ,BW- , blished by the act to which this is amendatory, or as esta- f.the, fractl0n on the west s'lde of the river opposite said ^ehreemi. Wished by this act, he, she, or they so offending shall forfeit; ferr>' from an e1ual Part«=ipa"on in the profits of the same. and pay four times the amount so overcharged, to be reco- * ALLEN DANIEL, ^ tjCipation. vered before, any magistrate having jurisdiction of the crise. - Speaker of the House of Representatives. Repealing § 3. And be it further enacted by the authority aforesaid, MATTHEW IALBOT, cause. That all laws and parts of laws militating against this act " President 6f the Senate. ' be, and the same are hereby repealed. Assented to, November 27th, 1822. , ALLEN DANIEL, ' J0HN CLARK> Governor. Speaker of the House of Representatives. ' J T"-" 7 ^ 7 - * 11W1 MATTHEW TALBOT, AN ACT to establish a Ferry on the Chattahoochee [No. ii» ] President of the Senate. River in the County of Gwinnett, at a place, known by Assented to, December 9th, 1822. the name of Bozeman's Ferry. JOHN CLARK, Governor. Be it enacted by the Senate and House of Representatives ROADS, BRIDGES, AND FERRIES. 377 The right of a ferry across the Chattahoo- cheeRiver vested in James Carson. Rates of ferriage. The said Carson to give due attendance, and to keep a good ferry- boat. To make good al 1 Tosses, &c. of the Slate 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, a public ferry be established on the Chattahoochee river upon the land of James Carson, and the right of ferriage from thence across the same to the opposite side of said river, where the public road leaves the bank leading to Alabama through the Che- rokee nation, which right of ferriage is hereby invested in the said James Carson, his heirs, executors, administrators, or assigns, for and during the time the Cherokee nation holds possession of the land on the opposite side of said river. § 2. And be it further enacted by the authority aforesaid, That the said James Carson, his heirs, and assigns, may ask, demand, and receive for the said ferriage the several rates or prices following, and no more : that % to say, for every wagon and team, fifty cents ; for every four-wheel stage or wagon with two horses, thirty-seven and a half cents; for every two-wheel cart or pleasure carriage, twenty-five cents ; for every man on horse, twelve and a half cents ; for every footman, six and a fourth cents; for each single horse, sik and a fourth cents ; for each head of cattle, two cents ; for each head of hogs, one cent. § 3. And be it f urther enacted by the authority afore- said, That the aforesaid James Carson shall at all times give due attention to the said ferry, except in the time of high- water or in the night-time, and shall keep a good and suffi- cient ferry-boat or flat for the conveyance of passengers across said river. § 4. And be it further enacted by the authority aforesaid, That the said James Carson shall make good all losses which may happen to any person crossing said river at said ferry by or through his neglect. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, November 27th, 1822. . JOHN CLARK, Governor. Preamble. Commis- sioners named to liave bridges erected over the lagoons or creeks at Fort Barring- ton. One thou- sand dol- lars appro- priated - from tire treasury. Commis- aioners to (five bond and securi- ty to the In- Inferior Court of Wayne county for the faithful and correct fen'or application of said sum of money. Sfjf DAVID ADAMS, bounty. Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M, TROUP, Governor. Nq. ii5i.] AN ACT to appoint Commissioners and appropriate a sum of money to erect a Bridge over the lagoons at the River Altamaha. Whereas, great inconvenience is experienced by the peo- pie of this State who reside in the eastern district, and more particularly to the south of the Altamaha river, as well as to all who travel the main post-road from Savannah to St. Mary's, in consequence of the lagoons at the said river Altamaha, which are frequently overflowed and conti- nue so for months at a time, by which the road is rendered impassable; Be it therefore enacted by the Senate and House of Re- presentatives 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 Benjamin Liles, John Fort, jr., and John O'Neal shall be, and they are hereby appointed commissioners to contract for and superintend the erection of .a bridge or bridges over the lagoons or creeks at the Altamaha river at a place called Fort Barrington. § 2. And be it further enacted, That, the sum of one thou- sand dollars be, and the same is hereby appropriated from the treasury of this State, or from the sum already appro- priated for internal improvement, to defray the expenses of erecting the said bridge; that the said sum may be drawn by application of the said commissioners as it may be re- quired in the progress of the work. § 3. And be it further enacted, That the said commis- sioners shall give bond and security to the justices of the B bb AN ACT to relieve the inhabitants on the south and [No. 1152.] north sides of the Satilla River, and the inhabitants on the north side of Crooked River, from working on the main Post-road, or performing duty thereon, for the term of one year; and. to appoint Commissioners and compel the inhabitants to do duty on the Roads herein named. Be it enacted by the Senate and House of Representatives The inha- of the State of Georgia, in General Assembly met, and it is t^uth" hereby enacted by the authority of the same, That from and sjde^of sa- after the passage of this act, the inhabitants on the south to workon side of the Great Satilla river that live to the south of the main post-road, and within three miles of the Great Satilla commence from said road to the Buffalo up said road,^hall be compelled sonJa^d" by law to work on said road, to commence at Jefferson, ^ and run the most direct and best route up the Great Satilla Wayne to the Buffalo or Wayne county line, and intersect a road n„e."ty ~ cut by Wayne county and crossing the Buffalo at Sheffield's bridge ; and that Joseph Thomas, John Tompkins, and Isham Commis; Walker be, and they are hereby appointed commissioners of ^ted for said road ; a majority of said commissioners to act. sai? load- §2. And be it further enacted, That all the inhabitants Certain residing south of Crooked river and north of North river, empt"18"" and from the head of the said North river a direct line to Mush bluff on Crooked river, be, and they are hereby re- njain post- lieved and exempt from working on the main post-road for ontyear, the term of one year from the first day of January next. * § 3. And be it further enacted, That the said inhabitants said per- as exempted by section second shall work upon such roads wwk on as a majority of the commissioners hereinafter named shall |"C0O™ad* direct. missioners § 4. And be it further enacted, That John H. McTntosh, coinmi^ William F. Rilly, and John Boog be, and they are hereby sioners ap- appointed commissioners, and they are to be governed by poine ' the road laws now in force in Camden county. § 5. And be it further enacted, Thaf all the above-rnen- Mentioned tioned inhabitants mentioned in the first section of this bill in the 1st [act], are exempt from working on the main post-road for the term of one year. Iherko«0n § 6. And be it further enacted, That James W. Stewart, LVfor William Hunter, and Samuel Akins be, and they are hereby cowm?£ appointed commissioners, and they are hereby authorized sioners ap- and empowered to take all the hands subject to road duty {akecharge belonging to the following persons, to wit: Claiborn Wright, j£n William Hunter, David Crum, Phillip Goobread, David cut and Brown, Burwell Atkinson, and Hezekiab Ponder, to cut and ^d. * open a road, the best and nearest route from the post-road at the eight-mile post above Brown's ferry, to intersect the Satilla road cut out by Wayne county, to the dividing line between the counties of Camden and Wayne ; any law to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor." AN ACT to alter and amend an Act, entitled An Act to [No. 1153.] authorize the Inferior Courts of the Counties of Rich- mond and Jefferson to adopt such measures in relation 378 ROADS, BRIDGES, AND FERRIES. to the Roads and Bridges of their Counties as they may § 3. And be it further enacted by the authority aforesaid, siiamtobe think proper, and to levy an extra tax when in their That the commissioners shall cause to be summoned the J,uxni™gn^ opinion it may be necessary for repairing and keeping slaves subject to road duty a,t least six days before the time in repair the said Roads and Bridges, passed the of working said roads and cuts, and they shall not work WOfking. eighteenth of December, eighteen hundred and eighteen. inore than twelve days nor less than S1X.in any °"e,year* Preamble "Whereas, the above-recited act has been found insufficient § 4- MA he itfurthe1' enacted, That m case ot the owner penally M ' to effectuate all the purposes for which it was intended, and or owners, manager or managers of such slave or slaves p to require amendment; refusing, to send their slave or slaves subject to road duty at townd The infe- Be lt therefore enacted by the Senate and House of Repre- the tin?e and P,ace so appointed for working said roads and BUbj rior court sentatives of the State of Georgia, in General Assembly met, cuts» s^a^ Pay f°r eac^ and every slave the sum of one dol- n> utjr., monf" and it is hereby enacted by the authority of the same, That the lar Per day foJ each neglect or refusal, and the way of co - thori"zTdato Just'ces °f'the Inferior Court of the county of Richmond, Meeting such fines shall be the same as road lines are col- lay out any or a majority of them, shall have power and authority, in ad- lected on the -main. • SgaK iition to the powers with which they are already vested by § 5; And be it further enacted by the authority aforesaid, c=i. proper, and the act to which this is amendatory, to lay out roads or a That James B. Wright} William Hazzard, James Moore, Gee widroad S" road in any direction they .nay think proper in the county of DuP™> "«d Johd be',and ^ey are hereby appointed and'ob-°n' Richmond, and to cause the same to be erected and worked commissioners for said road and cuts, to carry into effect is on and kept in repair as in their opinion may best promote the provisions of the said act. e- rv.rKHr. onnronionPA . and nnv rvprsnn nr nfiwnn. ''' And be itfurther enacted by the authority a:fores aid, . clause. structions on and kept in repair as in their opinion may best promote the provisions of the said ac$. moved/6" the public convenience ; and should any person or persons ' § And be it further enacted by the authority aforesaid, Repealing presume to obstruct any road so laid out, the saict Inferior That all laws or parts of lawk militating against this act ause" Court shall have power and authority to cause said obstruc- he, and the same are hereby repealed. Ar|. , tion or obstructions to be removed forthwith, or at such time _ _DAVID ADAMS, and in .such manner as they, or a majority of them, shall Speaker of the House of Representatives, deem proper/- ; , , , THOMAS STOCKS, Proceed- § 2. , And be it further enacted by the authority aforseaid, A • President of the Senate. 'ersons for That any person or persons so obstructing a road laid out Assented to, November 18th, 1823. 'ebstructing by the authority of the said Inferior Court, as aforesaid, shall . f*' TROUP, Governor. addout.880 be subject to be indictecf therefor in the Superior Court of _ } . ~ . - the county of Richmond as for a misdemeanor, and upon con- AN ACT to authorize Littlebemry Richardson to. establish lNo- ,la5-I , viction thereof shall be fined, or fined and imprisoned, at the « Ferry across Flint River, in the fifteenth district of discretion of the court before which such offence shall be tried; ' Dooly County, on fraction number one hundred and t - any law, usage, or custom to the contrary notwithstanding. forty-eight in said district, it being his own land.' in case of a § 3. And be it further exacted by the authority aforesaid, Be it enacted! by the Senate and House of Representatives Littieberry thepreju-0 That whenever a new road is thought necessary to be laid out of the State of Georgia, in General Assembly met, and it is auUwrj^T dice of any and established by the 1 nferior Court of said county, it shall hereby enacted by the authority of the same, That from and magestoA be theNduty of the said court to appoint three disinterested after the passing of this act, that the aforesaid Littleberrv wsfenyoa and^ded freeholders to assess the damage (if any) the person or per- Riphardson is authorized and empowered to demand and Flmt nw* i sons who sustain by said road's going through his or their receive the same rates of ferriage which are allowed other enclosed lands; which amount so assessed shall Be paid by ferries on said river by law, for all. passengers and carriages the court,provided the road or roads are laid out by the order which he may ferry over said river arty law to the contrary of said court. DAVID ADAMS, notwithstanding. , DAVID ADAMS, Speaker of the House of Representatives. Speaker of the House of Representatives. THOMAS STOCKS, . . THOMAS STOCKS, President of the Senate. M . President of the Senate. Assented to, December 23d, 1823. ' Assented to, December 22d, 1823. G. M. TROUP, Governor. ' 1 ■ G. M. TROUP, Governor. INo. ii54.] AN ACT to compel the Slaves on the Islands of St. AN ACT to amend an Act, entitled An Act to establish [Nd.ua.} Simon's andJekyl to work on the road on the Island a Ferry across the Ocmulgee River, at the west, end of St. Simon's, and such cuts through the marsh as the of Liberty-street, in the town of Hartford, Pulaski Commissioners hereinafter named, or a majority of County, and to vest the same in the Inferior Court of them, may direct to be laid out.' - * , said County, for County purposes: Slaves on Be it enacted by the Senate and House of Representatives Whereas, it has been found from experience that the es- Preamble* andSJekyiS °f ^tate of Georgia, in General Assembly met,' and it U tablishment of the above-recited ferry has tended very much workoiv fre^ enacted by the authority of the same, That imme- to the convenience of the public in general, and particu- uieroadon diately after the passage of this act, that all slaves subject to larly to the citizens of the county of Pulaski, it is therefore • t andtoo°en roa<^ y on St. Simon's and Jekyl islands shall perform important that the said ferry should be kept in good and a cut from road ddty on said island of St. Simon's, on the road known sufficient repair at all times, for the safe and speedy convey- to^hlHog-as the "lain road, running the length of the island from ance of all passengers; crawl, Sec. north to south, and to open a cut from Fred-erica to the Hog- Be it therefore enacted by the Senate and House of Repre- No ferry t» crawl, through the marsh, and such other cuts as the com- sentatives of the State of Georgia, in General Assembly met, wished missioners hereafter named, or a majority of them, may and it is hereby enacted by the authority of the same, That think proper to lay out by Cartright Point to the Altamaha from and after the passage of this act it shall not be lawful orbeiow. river. "for any ferry to be established within one mile above or be- White per- § 2. And be it further enacted by the authority aforesaid, low the above-recited ferry ; Provided, nevertheless, the right Proviso, said Island That all white persons on the said island shall be exempt heretofore vested in the Inferior Court shall cease and deter- frmnroad road labour; and the Commissioners hereafter named mine so soon as the Inferior Court of the county of Pulaski fabour.8 sha^ authorized to employ one fit and proper person as shall fall to keep a good and sufficient ferry-boat, and other an overseer while working on said roads and cuts for every necessary attendance, for the safe and speedy conveying of twenty-five hands, and shall be paid out of any money arising ,all passengers and all articles and things usually conveyed from defaulters on said road and cuts. by feriy-boats^ « ROADS, BRIDGES, AND FERRIES. 370 renaity on § 2. And be it further enacted, That if any person or nearest and best way from Brunswick to the mineral springs who°pre- Persons shall presume to keep any ferry within the aforesaid in Wayne county. keep any distance, for the purpose of conveying passengers across § 2. And be it further enacted, That a majority of said May appro- ferry with- said river, or any article or thing, and for which he, she, or board may appropriate any moneys not otherwise appro- Eey tokeep tancef d'S" they shaU demand or receive pay, shall forfeit and pay for priated, that may belong to said board, to the opening and °Pen the each and every offence to the Inferior Court of the county keeping open the water passage between Brunswick and sageb*18 of Pulaski four times the amount so demanded or received, Darien. Brunswick to be applied to county purposes, and may be recovered § 3. And be it further enacted by the authority aforesaid, and Darien. before any court having competent jurisdiction thereof; That so much of the fourth section of a road ®ct for said an ActL°f Proviso. Provided, nevertheless, this act shall not be so construed as county, passed the twenty-third day of December, eighteen authorizes to affect any ferry which has heretofore been established hundred and twenty-two, as to authorize the said board of ro" every6* by law on said river. commissioners to employ one overseer for each twenty hands, handle- the'ferr3'^ And ^ favther enacted, That it shall be lawful be, and the same is hereby repealed. pealed, flat author- f°r the Inferior Court of said county to remove the ferry-flat § 4. And be it further enacted, That all laws militating ued. belonging to the aforesaid county to the west end of either against this act be, and the same are hereby repealed. of the streets-running through the town of Hartford which DAVID ADAMS, may include a part of the bank of said river. . Speaker of the House of Representatives. , DAVID ADAMS, THOMAS STOCKS, Speaker of the House of Representatives. President of the Senate.- THOMAS STOCKS, Assented to, December 10th, 1823. President of the Senate. G. M. TROUP, Governor. Assented to, December 19th, 1823. G. M. TROUP, Governor. AN ACT to establish a Turnpike across Buffalo, in [No. 1159.] "Washington County, at a place called Caines Bridge, tNo. 1157.] AN ACT to establish a Ferry across the River Ocmul- and to appoint Commissioners to carry the same into gee, in the County of Pulaski, at a place known by effect. the name of Silver Bluff, and to vest the right thereof Beit enacted by the ^Senate and House of Representa• Seven per- in William Lester and his heirs, and to fix the rate tives of the State of Georgia, in General Assembly met, appointed6 of Ferriage. and it is hereby enacted by the authority of the same, That ^ahdgV®afo Wiinam Be it enacted by the Senate and House of Representa- a board of commissioners, to consist of seven persons, be and per- Szedm tives °fthe Stat impleading and being impleaded in vacancies carriage, fifty cents ; for a loaded cart, team, and driver, any court of law or equity in this State. ^ ^ suedf&c. 6 twenty-five cents; for an empty cart, team, and driver, §3. And be it further enacted by the authority aforesaid,^? con- eighteen and three-fourth cents ; for a horse and rider, six That the commissioners to be appointed under this act, or a have a and one-fourth cents ; for every footman, six and one-fourth majority of them, shall have power to contract with any cents ; for every led horse, mule, or ass, six and one-fourth Pers°n or persons to make a turnpike-road across Buffalo aJidsv^"[p' cents; for each head of cattle, two cents ; for each head swamp j to direct the materials of, and manner in which the ,pe fame of sheep, hogs, or goats, one cent. same sball be completed ; to grant the same for any number DAVID ADAMS, ,0^ years, or in fee-simple ; to establish the rates of toll, and simple. Speaker of the House of Representatives. to authorize the erection of a toll-gate, when, in their judg- THOMAS STOCKS, ment, the turnpike shall be completed in terms of the said President of the Senate, contract. Assented to December 20th, 1823. § 4. And be it further enacted by the duthority aforesaid, The person ' G. M. TROUP, Governor. That the contracting party or parties shall bind him or wkhtS"*1 themselves, his or their heirs, executors, and administrators, ?iv.e bo,,d . . - , _ . ' and seen- [No. use.] AN ACT to authorize the Board of Commissioners of together with two or more good and sufficient securities, in my. the public Roads in the County of Glynn, to establish a sum to be approved of by the said commissioners, for the and open a Road across the Big Buffalo; and to appro- due performance of the aforesaid contract priatl any money that may not have been othetihe § f' be ,t further enacted by the anther,ty aforesmd, annrfmrinted to the twen(y five cents ; for each empty cart, Z.7.S" Gideon Strange, W1B1am.Wh1t.ker, Drury Stokes, and teani, and driver, eighteen and three-fourth cents; for each «««. Charles Williamson be, and they are hereby appointed man and horse, six and one-fourth cents ;'for each footman, commissioners to carry into elfect the provisions oi this act ^ hqrse or head of y t ca(tl tllree cents d foj each S? _J ">• A"d ^further enacied ly the authority aforesaid, bead of h sheep or vat „io and a half cents. for each lonCjuntyThat on all pubhe days, viz, days of election, general re- Jersey wa|0twenty-five cents. , . , W2Z* ™?> t|le of Washington counjy shall pass to . 53. A%d be itfjther enacted by the authority aforesaid, «, *» toil free, ana trom the court house of said county toll free; any thiqg ^ -,he ^ jj^;. joneS( Ms hor assigVshall be b—to in the before-recited sections notwithstanding, , bound for any damage that may be sustained by his or their 3? DAVID ADAMS, ■. ' negiect ' J' b ' v • through " ; SPeaker of thVrt0nMi0««Xmf«atiVe?'' ki-'And be U farther enacted by (he authority aforesaid,1^, V ' -D . -f ,. V" / That a ferry may be established on fraction number two SilT , n , . ^re en • hundred and sixteen, in the first district of Dooly county, on fraction Assented to, ecem er ,8 . > ^ with the same ferriage and regulations as is charged and meteC . vjovernor. obge^.ved for the ferry .on number two hundred, and forty- rv it«n iv inrri .. j a . ...7 j V a . ^ • two, in the fifteenth district of Houston county, county. [.Nv.im]AN ACT to amend an Ac( entitled An Art to tncor- § 5_ m ie it further enacted by the authority aforesaid, a an,* porate the Washington Turnpike Company passed That a ferry be established on fraction number two hun-SfS , the twenty-fourth day of December, eighteen hundred dred and twenty-eight, in the fifteenth district of Dooly 5 ,ish®ffnon and twenty-one. county, and that the following shall be the rates of toll orjinS,» The Wash- Be it enacted by the Senate and House of Representatives ferriage at said ferry, to wit: for each loaded wagon, Turopike of the State of Georgia, in General Assembly met, and it is team, and driver, fifty cents ; for each empty wagon, team, trictof authorized hereby enacted by the authority of the same, That the Wash- and driver, thirty-seven and a half cents ; for each four-Rates'of tocon"truct ington Turnpike Company be, and they are hereby autho- ^ wheel pleasure carriage, fifty cents ; for each two-wheelfmias9, Ap0p1fog°to ^ze(^t0 construct a road from the village of Appling, in Co- pleasure carriage, twenty-five cents ; for. each loaded cart, Waireu- lumbia county, to the. village pf Warrenton, in the county of iteam, and driver, twenty-five cents ; for each empty cart, toB" Warren, on the nearest practicable route; said road to be team, and driver; eighteen and three-fourth cents ; for each constructed in the same manner as the road prescribed in man and horsp, twelve and a half cents ; for each led horse, the sajd recited act y and the said company tp have and six and one-four.th cents ; for each footman, six and one- enjoy the same privileges and immunities , in and, ovqr said fourth cents ; for each head of neat cattle, three cents; and road as by the said recited act they are entitled to . in and for each head of hogs, sheep, or goats, one and a half cents ; oyer the road prescribed in said a!ct. . for each Jersey wagon, twenty-five cents, subject to the Said com- § 2. And be it further qnacted, That the aforesaid Wash- same rules and regulations as is observed in the third sec- Tandy authorized ingtorJl Turnpike Company be, and they are her.eby autho- tion of this act. ' , - Keyautho- ^construct rized to construct«a road from the town of Washington, in § 6. And beitfurther enacted by the authority aforesaid, [^ha"" Washing™ VVilkes county, in the direction of Rabun court-house, so as That Tandy W. Key be, and lie is hereby authorized to es- direction of intersect a proposed road from Lexington, in Kentucky, tablish over the Ocniulgee, in Jasper eounty, on his owng^riwri" Rabun to Augusta, in this State ; said road to be constructed in land, a ferry known as Key's ferry; and that he be author- Q^ty. house! the same manner as the road prescribed in the act to which ized to ask, demand, and receive the, same toll allowed by WjI|jajn this is amendatory ; and the said company to have the same law to other ferries on said river. Biakeau- rights and immunities in'ahd over the same as they are en- § 7. And.beAtfurther enacted by theauthority aforesaid, « titled to in and over the road prescribed in the before-recited That William Blakp be, and he is hereby authorized to es- fwyacrow act. ( DAVID ADAMS, , tablish a ferry across the Chattahoochee river, in De Kalb {jj^hee" . - Speaker of the House of Representatives, county, and that he be authorized to ask, demand,, and re- THOMAS STOCKS, ceive the same rates, and, be liable in the same manner as county. ,. , President pf the Senate, other, ferries on said river,. foorized'w Assented to, December 19th, 1823. § 8. And be it further enacted by the authority (foresaid, bet G» M. TROUP^ Governor. That there shall be lewd*! ROADS, BRIDGES, AND FERRIES. 381 bluff on the river, at Beard's bluff, known by the name of Jones's ferry, and riier?ah°es °f ^tate °f Georgia, in General. Assembly met, and taWish and it is hereby enacted by the authority of the same, That ferry on ^rorn an(* immediately after the passing of this act John Flint river. Keener, his heirs, and assigns are hereby granted the pri- vilege of erecting and keeping a ferry across Flint river, on fraction number two hundred and thirty-three, in the fifteenth district of Houston county ; Provided, the said John Keener, his heirs, or assigns do at all times keep a good and suffi- cient flat or ferry-boat for the conveyance of passengers, and give due attendance to said ferry. '§2. And be it further enacted by the authority aforesaid, That the following rates of toll shall be lawful to be received for ferriage at said ferry, to wit: for each loaded wagon and team, fifty cents ; for each empty wagon and team, thirty-seven and a half cents ; for each four-wheel pleasure carriage, fifty cents ; for each two-wheel ditto, twenty-five cents ; for each loaded cart, twenty-five [cents] ; for each empty cart, eighteen and three-fourth cents ; for each man, and horse, six and one-fourth cents ; for each footman, led horse, or head, of cattle, three cents ; and for each head hogs, sheep, or goats, one and one-half cents. § 3. And be it further enacted by the authority aforesaid, That the above-named perspn and his representatives shall mages^sus- be bound for any damage that may be sustained by reason of tainedby his or their neglect. DAVID ADAM§, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823, G. M. TROUP, Governor. ' Said Kee- . ner bound ' neglect. wagon and team of less than four horses, eighteen §nd three-fourth cents ; for all four-wheel pleasure carriages, twenty-five cents; for all two-wheel carriages of pleasure, twelve and a half cents ; for all other two-wheel carriages, if loaded, twelve and a half cents; if empty, six and one- fourlh cents; for each man and horse, sixand one-fourth cents; for each loose or led horse or mule, one cent; for each head of neat cattle, hogs, sheep, or goats, one cent; Provided, proviso. that the sai<] James Richardson shall be bound to keep the said toll-bridge in good and sufficient repair, and be culpa- ble for all losses or damages which may be sustained in con- sequence of any defect in the said bridge ; and provided proViao. further, that the said James Richardson shall at all times be bound to sell the said bridge to the counties of Clarke and Walton at a fair valuation, to be ascertained by three disinterested persons ; one to be chosen by each of the Infe- rior Courts of said counties, and the other by the said Ri- chardson. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 13th, 1823. G. M. TROUP, Governor. AN ACT to establish and make permanent the Ferry on [No. iies.j the Vcmulgee River, in the Coiinty of Jasper, known by the nccme of Joseph Hardy's Ferry. Be it enacted by the Senate and House of Representa- n!frdy\eg,_ tives of the State of Georgia, in General Assembly met, and ed with a it is hereby enacted by the authority of the same, That the f^ry across ferry on the Ocmulgee river, in the county of Jasper; at the ,he 9CD,U|" jee ™ AN ACT explanMonj of a part of the section of E an Act passed on the twenty-first of December, eighteen hundred and twenty-one, entitled Jin Jlct to establish a Turnpike over Ogeechee Causeway, in Bryan County, and to appoint Commissioners to carry the same into effect. Preamble. Whereas, difficulties have arisen as to the true and pro- per construction and meaning" of that part of said ninth section of the above-recited act which exempts market- carts from paying a toll over and above twelve and a half Market cents ; and whereas, it is proper that all doubts upon the sub- ingfo orSS" iect shou^ be immediately removed ; for remedy whereof, from sa- Be it enacted by the Senate and House of Representatives STweive of Me State of Georgia, in General Assembly met, and it is «"d a hair hereby enacted by the authority of the same, That all carts the name of Hardy's ferry, be, and the same is hereby made c°unty. and declared a public ferry ; and' the said Joseph Hardy* his heirs, and legal representatives, are hereby authorized to ask and receive from all persons crossing at said ferry the same rates of toll or ferriage that is by law allowed or esla- blished at other public ferries on said river. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1823. G. M. TROUP, Governor. AN ACT to authorize Hinson Gresham, executrix of [No. lie&i the last will and testament of Young Gresham, de- Hinson Gresham, executrix Said Rin- 382 ROADS, BRIDGES, AND PERRIES. ceased, to establish, a Ferry over the Oconee River, Be it enacted by the Seriate and House of Representatives . at a place known by the name of Colham's Ferry. of the State of Georgia, in General Assembly met, and it is pay lh' Be it enacted by the Senate and House of Representatives hereby eriacted by the authority of the same, That from and of the State of Georgia, in General Assembly met, That after the first day of January next, Jersey wagons shall pay caru. Greshanf, Hinson Gresham, executrix of Young Gresham,deceased, the same ferriage as carts, and no more. authorized be, and she is hereby authorized to establish a public ferry § 2. And be it further enacted, That from and after the Raieeor a°ferrybllsh over the Oconee river at a place known by the name of first day of January next, when the river Altamaha shall be fcmage. Oconethe Colham's ferry, on the land belonging to the estate of the too high for short ferriage, and not high enough for long river a! said Young Gresham, deceased ; and that she be authorized ferriage,, the following ferriage shall be established for the to demand and receive, from all persons crossing said river lagoon ferriage : for a cart and one horse, thirty-seven and at that ferry, the usual rates of toll at other ferries on said a half cents ; a cart and two horses, fifty cents'; for a Jer- river above the mouth of the Apalachie. sey wagon and one horse, thirty-seven and a half cents; a § 2. And be it further enacted by the authority aforesaid, Jersey wagon and two horses, fifty cents ; for a man and lhambeid. That the said Hinson Gresham shall be held responsible for horse, twenty-five, cents ; for each led or drove horse, twelve we*foraii a11 losses or damages which may be sustained in conse- and a half cents ; for each two-wheel,pleasure carriage, fifty 1 damages quence of negligence or other improper conduct at said cents ; for each four-w.heel pleasure carriage, one dollar; negTence ferry* ■ ' DAVID /ADAMS, for a loaded wagon and foul- horses, two dollars; for an 8ence' Speaker of the Hou^e of Representatives, empty wagon and four horses, one dollar ; for each foot pas- THOMAS STOCKS, ' . senger, twelve and a half cents-; and for each four-wheel 7 President of the Senate., carriage of two horses, one dollar : Provided, nothing here- pf0vi50. Assented to> November 26th^ 1823. in contained shall be construed to make any person pay fer* ' G. M. TROUP, Governor, riage over the lagoons when they think proper to ford them. « — §3. And be it further enacted, That if any person or penaiiy for }No. ii67.] AN ACT to open aneivRoadin the County of Camden, persons shall ask, demand, or receive any higher rate offer- and to authorize Lewis Bachlott, Gustavus A. Cox,. riaSe at said ferrythan ^ allowed by the laws now in. force, riage than and Belton A* Copp, as Commissioners to raise a cer- and 3s amended by this act, he, she, or they shall forfeit and bya,aT , tain sum by Lottery for that purpose. ^ pay four times the amount so charged, be recovered before Preamble. . Whereas, it has been represented .that; great advantages an3[ ®ourt haying jurisdiction: - would accrue by opening a road from the post-road' near St. J i' ^nd ber lt furthef enacted, That all laws and parts, Repealing Mary's, in the coiinty. of Camden, to riieet a road which the P/>ws heretofore passed so far as the'saine militate against tl»~- [inhabitants of East Florida are about to cut from Jacksori- thls act be» and the same ara hereby repealed, ville, in the county of Duvall, in that vicinity to the St. DAVID ADAMS, Mary's river, at a certain place called Rose's bluff; and / ,. ®P'e:aer natives, whereas, it has been further represented that the expense of - THOMAS STOCKS, making the same will be considerable, asx said new road, to . • _ President of the Senate, strike the St.1 Mary's river at the desired point'opposite Assented to, December 10th, 1823. f Rose's bluff,-will have to pass a considerable'distance. - .' G. M. TROUP, Governor. ^ through a marsh x v " . ,.l : „_ , _J ^ . •*' Commis- Beit enacted by the Senate and House of Representa- ACT to alter and amend an Act, entitled An^Act[No.n©.j 'mirTdt lives of the State of Georgia, in General Assembly met, to amend an Act, entitled An Act to alter and amend open6 a ° That Lewis' Bachlott, Gustavus A. Cox, and Belton A. an Act to empower the Justices of tjw Inferior Courts new road. Copp be, and they are hereby appointed commissioners to of the , several Counties within the State to order the - open said new road in such direction, as they shall deem laying out the public Roads, and to order the building most eligible. - and keeping in repair the public Bridges, so far as re- Authorized § 2. And be it further enacted, Tha't they be authorizedto lates to the Counties of Chatham, Liberty, Bryan, sum by-lot- ra.ise the sum necessary to make said road by lottery; Pro- Mcintosh, Glynn, and Camden, passed December tenth, •Proviso vid^ that the sum so t0 he raised shall not exceed two , eighteen .hundred and three. thousand dollars. , Whereas, the fourth section of the above-recited act is in-Preamble. rni'sioners" • it further enacted, That the above commisj adequate to the purposes for whichit was intended, so far as to give , sioners, and their successors in office, shall give bond,with jt relates to )ts operation in the county of Chatham; Srkyd p,ood and sufficient, security to the justices, of the Inferior Be it enacted by the Senate and House of Represent- commis- Court of Camden county in the sum of ten thousand dol- stives of the State of Georgia, in General Assembly v lars, for the faithful performance of theduty of their appoint- and {i {s hereby enacted by the authority of the same, That £hatlJ™ ments, and faithfully to return the amount of purchase- from and immediately after the passing of this act, the com-app"mt money, if the lottery should not go into effect the money so v missioners or surveyors oU roads of the county of Chatham, returned to the purchasers; or in case the said lottery should br a majority of. them, shall, iand they have full power and persons!*- not be carried into effect within two year. to amend an Act to establish a Ferry over the of said district or division, viz.: I, A. B., do solemnly swear Their wtb. River Altamaha at Fort Barrington, and to fix the rate (or affirm) that I will faithfully discharge the duties of sum- of ferriage for Jersey wagons, and lagoon ferriage at rnoner of the district to which I am appointed, and that I said ferry. will receive no return from anv owner, manager, or other ROADS, BRIDGES, AND FERRIES. 3*83 person, unless such owner, manager, or other person take The own- the oath prescribed by law; so help me God. And the «!Ive1u)0f several owners and managers of male slaves within their fumish the several districts shall, when summoned, deliver to the person suinmoner . • , , „ ,f , with a list, summoning a list, in writing or print, on oath, of all such s!aveshiia-f ma^e slaves as by the said act of eighteen hundred and three we to work, above referred to, are liable to work, which shall be as fol- The oath, lows, viz. I, A. B., do solemnly swear, (or affirm) that the list which I now give in is a just and true return of all the male slaves subject to road duty under my control, either as owner, executor, administrator, agent, or manager, to the Penalty of best of my knowledge and belief; so help me God ; which dSohars oat^ sa'd summoner is hereby authorized and empowered foVur'^ha *° a(lminister« And f°r the refusal of such owner or other per- iist.Urnk a son in his or her behalf to give in a list of all such slaves, on oath, as by the said act above referred to and [are] liable to work, such person shall forfeit the sum of three hundred dollars, to be recovered in any court having cognizance thereof, to be levied of the goods and chattels of such owner, and which shall come to trial at the first term after com- mencing the suit, summon- § 2. And be it further enacted, The person or persons fromper-^' summoning as aforesaid shall be exempt from his or their bourandii Personal labour in such district or division ; and in case any abieto for- person or persons appointed to summon as aforesaid shall refuf^uo°r neo^ect or refuse so to do, such person or persons shall se- perform verally forfeit thirty dollars for every such offence, to be le- their duty. yje(] warrant 0f distress and sale of the offender's goods and chattels, under the hands and seals of a majority of the • commissioners or surveyors of said district. § 3. And be it further enacted, That the said fourth sec- tion of the act abovd referred to be, and the same is hereby repealed. DAYID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. pelled to work on either of the others ; any law to the con- trary notwithstanding. DAYID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 10th, 1823. G. M. TROUP, Governor. Repealing clause. [No. 1170.] A part of a certain Act in re- gard to putting up posts and signboards declared in full force. A part of a certain Act requiring the inha- bitants to work on the river road re- pealed. A part Of an Act re- pealed which re- quires cer- tain inhabi- tants tOj work on the road leading from John Loper's. Proviso. AN ACT to alter and amend the Road Laws of this State, so far as respects the County of Effingham. Be it enacted by the Senate and House of Representa- fives 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 passage of this act, so much of an act passed on the nineteenth day of December, eighteen hun- dred and eighteen, to alter and amend the road' laws of this State, as relates to the measuring and posting the public roads, putting up signboards, and the penalties for destroy- ing and defacing the same, shall be, and the same is hereby declared to be in full force in said county of Effingham. § 2. And be it further enacted, That so much of an act passed on the tenth day of December, eighteen hundred and three, as requires the inhabitants living back of the Big bay in said county to work on the old road leading from Louis- ville to Savannah, by Joshua Loper's (now known as the river road), be, and the same is hereby repealed. § 3. And be it further enacted, That so much of an act passed on the twelfth day of December, eighteen hundred and four, as requires the hands living within three miles of the road leading from Joshua Loper's to the place where it in- tersects the main public road leading from Savannah to Gun's bridge on Ogeechee, to work on said road, be, and the same is hereby repealed, so far as relates to the opera- tion of said act in the county of Effingham : Provided, nevertheless, that nothing herein contained shall be so con- strued as to authorize the Inferior Court of said county to discontinue the road back of the Big bay, or either of the roads above described, with such improvements as said court may think proper to direct; and the inhabitants re- siding on or nearest to either of said roads shall not be com¬ AN ACT to amend the Road Laws of this State, so far [No. 117 i.j as relates to the County of Baldwin. Whereas, the grand jury of the county of Baldwin have Preamble, unanjjtoously recommended the passing of a law for said county, which will provide for the erecting and keeping in repair the bridges and rojtds within the limits thereof, by levying a tax to be applied to that purpose, provided, the tax so levied shall not exceed one dollar per annum on each hand subject to road labour, and fifty per cent, on the gene- j^al tax ; Be it therefore enacted by the Senate and House of Repre- ™rec"furt sentatives of the State of Georgia, in General Assembly met, 0f Baldwin and it is hereby enacted by the authority of the same, That y°sut"dy from and after the passing of this act the justices of the In- with pow- ferior Court of the county of Baldwin, or a majority of fo th/iow- them, shall be, and they are hereby vested with full power and authority to lay out roads, erect bridges, make fords or pioy per- causeways, and to adopt all and every measure„for repairing ^epin re- and keeping in repair the roads, bridges, fords, and cause- P®^sthe ways already laid out, erected, and made within the limits bridges, of the said county of Baldwin, either by letting them out ^gir°coun. to the lowest bidder, or by .employing persons at the ex- ty. pense of the county of Baldwin to make, erect, repair, or keep in repair, or to pursue any other course in relation thereto which in their opinion will best promote the interest of the county and the public Convenience. § 2. And be it further enacted, That the justices of the Authorized Inferior Court of the county of Baldwin, or a majority ofjaxTn por- them, shall be, and they are hereby authorized to levy a tax upon each and every person liable to work on the roads in road duty! the county of Baldwin, and residing without the corporate limits of the town of Milledgeville, not exceeding one dol- lar upon each and every pel-son so liable, including slaves, the tax upon whom shall be paid by their respective owners ; which tax,when so levied and paid, shall exonerate the persons paying the same from all liability to work on the said roads as heretofore practised, or in any other manner whatever. § 3. And be it further enacted, That the Inferior Court Said Court of the county aforesaid shall have power, and authority to t0 levy an extra tax upon the inhabitants of said county, to levy an e*. such amount as they may think proper, for the purpose of afuadxfor raising a fund for making, repairing, and keeping in repair making the roads, bridges, fords, and causeways of said county, fug in re? whenever they may think the convenience of the inhabitants ]£ardgh&e of the county and the public welfare requires it: Provided, proViso. the extra tax so to be imposed shall in no one year exceed fifty per centum of the general tax paid by the inhabitants of said county for the year eighteen hundred and twenty-four. § 4. And be it further enacted, That it shall be the duty Thereceiv- of the receiver of tax returns of said county to enter in the turns'toen- tax digest the number of hands liable t,o work on the roads Jax'digest as aforesaid, and the amount of the tax they are or may be the number liable to pay. _ § 5. And be it further enacted, That when the said tax is work, &c. imposed as above pointed out, the tax collector of said tax'coiiect? county shall, and he is hereby authorized and empowered to collect the same, and the collector aforesaid shall be extra tax. bound to the Inferior Court of said county in a bond with ample security for the faithful collection and paying over the same; for which the said receiver and collector shall be allowed the usual per centum. § 6. And be it further enacted, That if the.said roads in ^ffttehret(°® , 1 l^e'penal sum of twenty thousand dollars, for the faithful $20,000. * -n o , j tt st> '*'*•' performance of, the duty assigned them, and that they re-Theircom- UJnTte?*!> tU. "T" ofRepresentatzees ^eite for theil, servi(. ;hUe ^taa„ e[np| d in th/ « j^ Statef.G1eorfr' Gene,ralAss,imhly, met, and U u forma„ce 0f ibe du9 a?signed'them, two dollars per day. cou.,^, . Wy enacted by the authority of the same 1bat from § g Md b u2rthefenacted £ the authorUy aforesaid, continue and alter the passage of this act, wheoif shall have been ,rru . • ,v J: . , .1 • , , / ..'todrawon anvroador m„j„ l * • .• A i c v . That saidv commissioners be authorized to draw on, the the trea. made known to the justices of the Inferior Court, then in . al . r . • . 4, it shall be session,'that there are any road or, roads in said'county Of ,re»SUr^ 0 . ls at or AeR^RPR^n\^RFEUS 810, •„ y- n* sioners of the roads of the. districts throughMich the said AN-ACT to authori^George A Brown toheepup aW-mi road or roads may pass to meet, and apportion the, hands \%rrrfacrosf ; Jekyll, and Blythe Islands to work on certain Macon. leading to the public square in said town. '/ Cutst , - Said Com- § 2. And be it further enacted by the authority aforesaid, Be it enacted by the Senate and House of Representatives Two per* ^ toie^'ouT That from arid immediately after the passage of this act, of the State of Georgia, ik General Assembly met, and it is ^Vboa^d the build- and the appointment of commissioners by his excellehcy, the hereby enacted by the authority of the same, That from and br?dge,dand 9a*d commissioners shall be required, and it is hereby made immediately after the passage of this act James II. Cowper oiynn takebondj their duty (after a reasonable public notice) to let out at and Samuel Wright be,'and thfcy are hereby added to the Cou,,ty• ty foT"he public outcry to ihe lowest bidder the building of said board of commissioners in the countv of Glvnn. ' ROADS, BRIDGES, AND FERRIES. 385 May work 12 dpys in the year. One-half of § 2. And be it further enacted, That said board of com- missioners may hereafter be authorized to work on the public roads in the county of Glynn twelve days in the year, if ne- cessary in their judgments. § 3. And be it further enacted, That only one-half of ™ thTds hands residing on the islands of Jekyl, Colonel's, and islands Blythe be called out to work off of said islands. caUed'out. § 4. And be it further enacted, That the said hands resid- oncokn'ers *n» on islands Colonel's and Blythe shall work on a cer- and Biythe tain cut to be opened between the middle prong of Turtle workona river a°d south prong, the nearest and best way from Buz- zard Island to the mouth of Fancy Bluff creek, under the superintendence of the said commissioners. § 5. And be it further enacted, That half the hands resid- ing on the island of Jekyl shall be subject to work on the cuts between Frederica and St. Simon's and the Hog Crawl creek, under the superintendence of the commissioners ap- pointed for that purpose. § 6. And be it further enacted, That all laws and parts [of laws] repugnant to this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M.. TROUP, Governor. certain cut from Buzzard Island to Fancy Bluff Creek. Half the hands on Jekyl Island to work on certain cuts. Repealing clause. and one horse, loaded, thirty-seven and a half cents; for a cart and two horses, fifty cents ; for a pleasure carriage of two wheels, fifty cents ; for pleasure carriage of four wheels, one dollar; for a wagon and four horses, loaded, one dollar; for a wagon and four horses, empty, fifty cents; loose or led horse, six and a quarter cents; at double those rates at long fer- riage. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. [No. ii76.] AN ACT to lay out a Road in the County of Camden, and to appoint Commissioners for the same. Commis- Be it enacted by the Senate and House of Representatives pointed ia~ Qf the State of Georgia, in General Assembly met, and it from thead enacted by the authority of the same, That John post-road to Kirkland, William Cone, and Solomon Ogden,of the county of Camden, be appointed commissioners to open a road in said county, from the post-road north of the Saint Ilia river Camp Pinckney. AN ACT to authorize William Smith to erect a Bridge [No. ins.] across the Beaver dam Creek, in the County of Scriven, on the road leading from Savannah to Augusta. Be it enacted by the Senate and House of Representa- William tives of the State of Georgia, in General Assembly met., and fhoriLdto it is hereby enacted by the authority of the same, That WTil- erect a liam Smith, his heirs, and assigns shall be, and they are across hereby authorized and bound to erect a good and substan- crldTanS tial bridge across the creek called Beaverdam, at or near to keep up the place where the old bridge stood, and to keep the same fore ten*6 in good repair for and during the tefcm of ten years from the years- first day of January next. § 2. And be it further enacted by the authority aforesaid, ® ates of That the said William Smith, his heirs, and assigns, as a compensation for their trouble and expense in erecting and keeping the said bridge in repair, shall be authorized to a§k, demand, and receive the following toll from travellers for crossing said bridge, to wit: for every four-wheel carriage and wagon, fifty cents, except what is called Jersey wagons, which shall be twenty-five cents ; for every two-wheel car- riage, or cart, twenty-five cents ; for a man and horse, twelve and one-half cents ; for every head of cattle, four cents ; for sheep, goats, and hogs, two cents ; for every led horse, or in droves, six and one-fourth cents; and the said William Said Smith Smith, or any other person or persons claiming under him, good^ifda- by the way of the Burnt Fort ferry, thereon to Camp Pinck- ney on the St. Mary's. § 2. And be it further enacted, That all the hands liable to ^hall be, and they are hereby bound to make good all da- road duty in the several magistrates' districts through which mages which shall happen by reason of badness or want of theSbadness All the hands lia- ble to road said roadfe r°a^ ^aSS' commenCe' an<^ en^' liable to passeTiia- perform three days' tour of road duty on said road, yearly, thereon^urk ^or two years fr°m the date hereof, under the superintend- ance of said commissioners, or a majority of them, at such time as the said commiSsiopers, or a majority of them, shall assign. IRBY HUDSON, Speaker of the House of Representatives, pro tern. ALLEN B. POWELL, President of the Senate. Assented to, November 25th, 1824. G. M. TROUP, Governor. [No. ii77.] AN ACT to establish and make permanent the Ferry on the Altamaha River at the place called Man's Ferry, and to vest the right in Sterling Jones and Samuel Pitts, of Warren County, proprietors thereof: Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, Sterling Jones and Samuel Pius vested and it is hereby enacted by the authority of the same, That rightofa the ferry on the Altamaha, on fraction No. six hundred and Ahamaiia* twenty-eight, in the second district of Appling county, at the at»niL1? place known and called Man's Ferry, on the road leading from Savannah to the Floridas and Early county, he, and the same is hereby made and declared a public ferry, and that Sterling Jonesand Samuel Pitts, of Warren county, their heirs, and legal representatives, are authorized to ask and receive of all per- sons crossing at said ferry the same rates of toll or ferriage that are by law authorized to be received at public ferries on said river, viz. for a foot passenger, six and a quarter cents; for man and horse, twelve and a half cents; for a cart C c c st a place called Man's ferry. Ferriage. repair of said bridge. 1 bfidged § 3. And be it further enacted, That the right herein Tbeyugiu granted shall be forfeited unless the said William Smith, feitedun- or some person or persons claiming under him, shall build a bridge, of the dimensions of the one herein described bum with- within one year from the first day of January next. yea"6 § 4. And be it further enacted by the authority aforesaid, Not to take That it shall not be lawful for the said William Smith, or [he bridge any person or persons claiming under him, to ask, demand, be of a cer-- or receive from any person or persons any toll for passing scripuon. the said bridge, unless the said bridge shall be in its whole length at least twenty feet wide, and well secured from one end to the other on both sides with arms or railing at least four feet high. § 5. And be it further enacted, That it shall not be lawful No person for any person or persons to build or erect a toll-bridge on bridge'd * the said creek within two miles of the bridge so erected by the said William Smith, either above or below. of. s JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. AN ACT to establish a Ferry across the Chattahoochee [No. ira.] River, in the County of Gwinnett, at a place known by the name of Mc Wright's Ferry, and to vest the right thereof in Matthew Sic Wright and his heirs, and to fix the rate of Ferriage. Be it enacted by the Senate and House of Representatives 3S6 ROADS, BRIDGES, AND FERRIES. Matthew McWright authorized to establish a ferry across the Chattahoo- chee river. Ferriage. Proviso. 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. passage of'this act; that Matthew McWright be, and lie is hereby authorize^ and empowered to erect a ferry across the C|iattahoochee on his own land, and that he be entitled to demand and receive the same rates of ferriage as are authorized by law at Richard Wirm's ferry, on Chattahoochee rjver, in the county of Hall ; Pro- vided, he shall at all times keep in good repair a ferry-flat, sufficient »to, convey with safety, across said river a loaded wagon and team. JOHN ABERCltOMBIE, Speaker of the House of Representatives, ALLEN B. POWELL, President of the Seriate. Assented to, December 2d, 1824. G. M. TROUP, Governor. be liable in law for all losses or injury which may be sus« tained in consequence of any deficiency in said bridge. ' JOHN ABERCROMBIE, Speaker of the House of Representatives. . ALLEN B. POWELL, President of the Senate. Assented to, December 9th, i§24, • ' G. Ai; .TROUP, Governor. James Kemp au- thorized to keep a ferry ontheAlta- maha river. [No. ii80.] AN ACT to authorize Jqmes Kemp to establish a Ferry across the jlltamaha River, on his own land. . Be 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, ThatrJames Kemp, his heirs, and assigns ishall have ja. righfr%> keep a. ferry on the Altamaha niver, at or near the. placfe where his flat at present crosses said river, on hi^ own land, on a rqad leading from Tatnall county to Appling county, liable to the Ferriage, same toll and-regulations as other ferries, in said counties; any law to the contrary notwithstanding. . JOHN ABERCROMBIE, , * .. . / • Sneaker of the House of Representatives. * _ ALLEN B. POWELL, President of the Senate.' Assented to^ December 9th, , 1824. 1 G. M. TROUP, Governor. [no. ii8i.] AN ACT. to authorize Anderson C. Middlebrooks, of Morgan County, and John W. Graves, of Clark County, to establish a Toll Bridge over the Appala- lachie River, at or near Hicks' Ford, and Richard S. ;, Parki of the County of Morgan, to erect a Toll Bridge oyer the Oconee Riven, at or near his Mills. Anderson Be it enacted by the Senate and House of Representatives brooks'and of the State of Georgia, in General Assembly met, and it i$ Gravefau ^ere% enacted by the authority of the same, That from and thorized to after the passage of this act the said Anderson ,C. Mjddle- * brooks and John W; Graves be, authorized to erect a bridge over the said river, and receiye the following rates of tolls, viz. for each loaded wdgon 'knd team ,of four horses, fifty cents ; for each empty wagon and team of four horses, thirty- seven and one-half cents; for each wagon and team of two horses, twenty-five cents'; for each empty two-horse wagon, eighteen and three-fourth cents ; for all four-wheel plea- sure carriages, thirty-seven and one-half cents; for each two-wheel pleasure carriage, eighteen and three-fourth cents; for each loaded ox cart, twenty-five cents; and for each empty ox cart, eighteen i^nd three-fourth cents; and for each man and horse, six and one-fourth cents ; for each loose or led horse or mule, three cents; for each head of neat cattle, sheep, hogs, or goats, one cent: Provided, that the said Anderson C. Middlebrooks and John W. Graves shall be bound to keep the said bridge in good repair, hnd be. culpable for any losses or injuries which may be sustained in consequence of any deficiency in said bridge. § 2. And be it further enacted by the authority aforesaid, thorized" to That the said Richar{1. 9. Park be, and he is hereby author- erect a toll ized to erect a toll-bridge over the Oconee river, near his across the mills, and receive the same toll as allowed by the above Oconee section to the said John W. Graves and Anderson* rC.] rlver* Middlebrooks.; Liable for § 3. And be it further enacted, That the said Richard S. ainosses, parjj shall be bound to keep said bridge in good repair, and erect a bridge. Rates'of toll. " AN ACT to establish& Ferry an the Ocmulgee River at or near a place called Perry Island, in the twelfth district in Houston County. Be it enacted by the Senate and House of Representatives of thd 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, *a public ferry be established f>n tire Ocmulgee riyer upon the land of Abner Veasy; and the right of ferry from thence across the same to the opposite side oflsaid river where the road leads to Perry,' in Houston county, which right of ferry is hereby in- vested in the said Abner Veasy, his heirs, executors, admi- nistrators, or assigns for ever. §2. And be it further enacted by the authority aforesaid, That the said Abner Veasey, his heirs, and assigns rflayask, demand, and receive .for the said, ferriage the several rales or prices following, and no more : that is to say, for every wagon and team, fifty cents ,; for every four-wheel stage or wagon with , two horses, thirty-seven and a half cents ; for every two-wheelcdrt or pleasure carriage, tw.entyrfive cents; for every man and Jiorse, six and one-fourth cents ; for every led single horse, mule, or ass, six ar^ one-fourth cents; for each head of neat c&ttle, two cents ; for each head of hogs, ~Sheep, or goats, ione cent. , § 3. And be it further enacted by the authority aforesaidi That the aforesaid Abner Veasy shall at all times give due attention to the. said ferry, except in time of high water or in the night-time, and shall keep a good and sufficient ferry- boat or flat for the conveyance of passengers across said river. ' , . v , < , § 4. And be it further enacted by the authority aforesaid, That the said Abner Veasy shall make good all losses which mE}y happen to any person crossing said river at said ferry by or through his neglect.. JOHN ABERCROMBIE, Speaker of the House of Representatives. .ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. , G. M. TROUP, Governor. [No. 1182.) Abner Veasy vested with the right of a ferry across the Ocmulgee river. Kates of ferriage. Said Veasy to give due attendance &c. To make good ail Proviso. •Richard S Park au- AN ACT to authorize Samuel Calhoun, livipg in Upson [No. ns3 ] , ' County, to establish a public Ferry across , Flint River. ' . . Be it enacted by the Senate and House of Representatives Samuel of the State of Georgia, in General Assembly met, and it is authorized hereby enacted by the authority of the same, That from and immediately after the passing of this act, that Samuel Cal- acrossFiint houn, of Upson county, be, and he is hereby authorized and rITer- empowered to erect a public ferry across Flint river on his own land. § 2. And be it further enacted, That the said Samuel Cal- Ferriage- houn is authorized and empowered to demand and receive the same'rates of ferriage which are allowed other ferries on sqid river by law, for all passengers and carriages which he may ferry over said river ; any law to the contrary not- withstanding. DUNCAN G. CAMPBELL; Speaker of the House of Representatives. ALLEN B. POWELL, . President of the Senate. . Assented to, December 24th, 1825. G. M. TROUP, Governor. ROADS, BRIDGES, AND FERRIES. 387 INo. 1184.J Tlie Com- mi^ioners of roads for Glynn County to appropriate hands to work on the Honey- gall Creek. The com- mon land- ing on said creek esta- Wished as a public landing, free for all boats, &c. Coimnis- sioners for said creek appointed. AN ACT to authorize the Board of Commissioners of the Public Roads for the County of Glynn to appro- priate hands jto icork on Honey gall Creek, and to esta- blish a public Landing at the Bluff, and appoint Com- missioners for the same. Be 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'passage of this act, that the board of commissioners of the public roads for the county of Glynn do appropriate hands to work on the Honeygall creek. § 2. And be it further enacted, That the common land- ing on said creek be, and it is hereby established as a public landing, free for all boats and rafts to go to or from said landing. § 3. And be it further enacted, That James Powell, William Huston, and David Pentan be, and they are hereby appointed commissioners for the same ; any law to the con- trary notwithstanding. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, June 11th, 1825. G. M. TROUP, Governor. [No, ii35.] AN ACT to authorize Susan Tinsley to establish a Ferry across Flint River, in the first district of Early County, on fractions number two hundred and seventy-one, and three hundred, in said district, it being her own land. Susan Be it enacted by the Senate and House of Representatives vested with of the State of Georgia, in General Assembly met, and it is a ferry'" °f hereby enacted by the authority of the same, That from and across after the passing of this act, that the aforesaid Susan Tinsley Fhnt river. *s authorized and empowered to demand and receive the same rates of ferriage which are allowed other ferries on said river by law for all passengers and carriages which she may ferry or cause to be ferried over said river; any law to the contrary notwithstanding. THOAIAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November 25th, 1825. G. M. TROUP, Governor. [No. U86.] AN ACT to authorize James Pitts and Mickleberry Fer- rell to establish a Ferry at a place now known as Pitt's Ferry, on the 'Ocmulgee River. andMick'|tts ^ enacte^ ty ^ie ^enate and House of Representatives betry c ^ of the State of Georgia, in General Assembly met, and it is vested with hereby enacted by the authority of the same, That from and the right after the passing of this act, that the aforesaid James and muigee°C" Mickleberry are authorized and empowered to demand and river. receive the same rates of ferriage which are allowed at other ferries on said river by law, for all passengers and car- riages which they may ferry over said river ; any law to the contrary notwithstanding. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 3d, 1825. G. M. TROUP, Governor. ferry on the Ocmulgee river in the county of Jone3 called Pierce a, and known by the name of Pierce A. Lewis's ferry, on his ftrryh^he own land, be, and the same is hereby made and declared a of public ferry ; and the said Pierce A. Lewis, his heirs, and mad*a legal representatives are hereby authorized to ask, take, and receive from all persons crossing at said ferry Jhe same rate Ferriage, of toll or ferriage that is by law allowed or es tablished at other public ferries on said river. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. AN ACT to authorize James Gray, sen., to establish a [>T°- Ferry over Flint River, on his own land. Be it enacted by the Senate and House of Representa- tives 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 passage of this act the ferry belonging to James Gray, sen., on Flint river, is made public, and that the said James Gray, sen., be, and'he is hereby authorized to take Ferriage such rates of toll or ferriage as is allowed other ferries on said river. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. James Gray, sen., authorized to establish a ferry on Flint river. AN ACT to authorize Springer Gibson to establish a Ferry across Flint River, on his own land. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Springer Gibson, his heirs, and assigns shall have a right to keep' a ferry on Flint river, at or pear the pkice where his flat at present crosses said river, on his own land, on a road leading from the Indian springs to Montgomery, Ala- bama, liable to the same toll and regulations as other fer- ries on said river : any law to the contrary notwithstanding. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [No. 1180.1 Springer Gibson vented with the right of. u fen y acroes Flint river,] on the road from the Indian Springs to Montgome- ry, Alaba- n.a. rNo. 11C0. Fines'for neglect of road duty] in Wayne Ci only how ap; rrpri- a>d. [No. ii87.] AN ACT to establish and make permanent the Ferry on the Ocmulgee River, in the County of Jones, known as Pierce A. Lewis's Ferry, on his owm land. Be it enacted by the Senate and House of Representa- tives of the State of Georgia,'in General Assembly met, and it is hereby enacted bu the. authnritu nfth* ™_me, That the c c 2 AN ACT to alter and amend the Road Laws, so far as respects the County of Wayne. ? Be it enacted by the Senate and House of Representa- tives 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, all the fines which may be collected from defaulters for their non-attend- ance on the road or roads in the county of Wayne shall, when collected, be paid over to the commissioners of the road or roads, and by them to be carefully appropriated to the improvement of the roads in the district or division where such fine or fines may have been collected. § 2. And be it further enacted, That all laws militating against this law be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tem. of the House of Representatives. ' ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. AN ACT to authorize David Terrell, of Greene County, [No. lioi. Rates of toll. 388 ROADS, BRIDGES, AND FERRIES. , to erect a bridge over the River Appalachie, at his mills AN ACT to amend the Road Laws of this State so far [No. 1194.J and on his oum land. as respects the Couiity of Camden, and to appropriate David Ter- Be it enacted by the Senate and House of Representatives moneys for the Burnt Fort Road in said County out riied to°~ °f ^tate °f Georgia^ in General Assembly met, and it is of the County Funds thereof erect a hereby enacted by the authority of the same, That the said Be it enacted by the Senate and House of Representatives owner. 0r the Ap?I-r David Terrell, his heirs, or as&ghs, be, and they are hereby, of the State of Georgia, in General Assembly met, and it is other, on'4 island * authorized t0 erect a-bridge over the river Appalachie at hereby enacted by the authority of the. same, That from and to receive his own mills and on his own land, and he or they be and afiter the passing of this act it shall be lawful for the owners to perform lo1.1- are hereby authorized to ask, receive, and take tlie' same of all slaves on the island of Cumberland, in said county, for crossing said bridge as is allowed as.ferriage at Hodge's and all other persons living on s^id island liable to do road commute, ferry on said river, in Greene county. duty, either to perform road duty in conformity to the laws for? tbeie" ®„ynd fpr § ^ A/id be it further enacted, That the said David Ter- now in force, or commute for the performance of the same damages rell shall be hereby bound for any damages which. may be by paying for each slave liable to work 011 the roads three 'negligence: susta^ned jfor and on account of negligence. dollars per year, and all other persons living on said island DUNCAN G. CAMPBELL, liable to road duty by paying annually a like sum each. Speaker pro teml pf the House of Representatives. §2. And be it further enacted, That the owners or ma- Personalis- " ALLEN B. PO WELL, . nagers of slaves on said island liable to road duty, and all . President of the Senate, others living on said island liable to do" road duty on the summoned. Assented to, December 24th, 1825. ' public roads, shall be summoned in the manner pointed out - 1 G. M. TROUP, Governor, by law. regulating roads in the county of Camden ; and on ,—;—p- / refusing to deliver to the person summoning a list of slaves, Penalty for [Na. U92.] AN ACT to establish Mariin Hardin!s Ferry on Spring or neglecting to perform theduty enjoined or to commute t(b Creek in the County of Decatur, and to establish the for the same, such, owner or manager, person or persons, pay'he Rates of Toll. - \ . shall be subjected to all the pains and penalties the existing tion. Martin Be it enacted by the Senate and House of Represent- road laws inflict. , ; ferry 0*^ atives of the State of Georgia, in General Assembly met, § 3.' And be it further enacted, That all moneys which Money. 2£kB and il hereby enacted by the authority aforesaid, That may be collected in virtue of this act shall be paid into the S3, inDecatur the ferry on Spring creek formerly known as Hardin's ferry hands of the commissioners of the road district where the Actio ubiMied?8" on sPring creek shall be a public ferry, and shall be entitled labour of such slaves,or persons may be apportioned. , paid™ to receive from all passengers the following rates of toll: ,§4. And be it further enacted, Thatwhenever the justices when per- for every road wagon and team, fifty cents ; for every gig of the Inferior Court for the county aforesaid shall exempt SiS'"8 and two horses, thirty-seven and! a half cents-; for cart and any person living in' said county south of Crooked river and 9™°^ - team, twenty-five, cents ; for man and horse, twelve and a east of the post-road from the performance of duty on the "asfofV half ceijt^; for led or,drove horse, six and a quarter cents ; public roads, the inhabitants of Cumberland island shall be for each head of cattle, hogs, sheep, or goats one cent. also'exempted from the performance of road duty that year, ed, the in- Proprietors § 2. And be itfurther enacted by the authority aforesaid, ,.§'5. And be it further enacted, That all .persons living oaSer- ry to give'' ^hat ^ sbad be the duty of the proprietors of 'said ferry at in the'county aforesaid, west of the post-road on the south ^e^and due atten- all times to keep a good aiid sufficient ferry-flat, and at- side of the Sat'illa river and within three miles of the same, empt* uon, &c. tendance, for the conveyance of the description of carriages,: shall be compelled to do their road duties for the ensuing Jeer^fsthe ■ &c., and may receive the above rates of toll; any law to year on the road leading from Jefferson to Sheffield's bridge; P°s'-oro^a4 the contrary notwithstanding. , , ; , and that Joseph Thomas, John Tompkins, and N.W.Collins JiLyVthe DUNCAN'G. CAMPBELL, be the .commissioners of the same. jdrersXto Speaker pro tern, of the House of Representatives. ,§6. Be it further enacted, That the justices of the Inferior Sheffield'. • ALLEN B. POWELL, Court for the county of Camden be authorized and required ^ j President of the Senate, to- expend three hundred dollars on the rohd .leading from e*Ptehned®dad Assented to, December 24tli, 1825. the Burnt Fort ferry to Camp Pinckney, in said county, out fr"mBurnt ^ G? M. TROUP, Governor, of the (Jounty funds for the ensuing year, under the directipn — o - of such co>mmissioners as said justices may appoint. Pinckney. [No. 1193.] AN ACTta&e entitled An Act to repeal an Act, passed in § '7. Be it further enacted, That, all the inhabitants of JnfhL^Jearit* the yeareighteen hundred and twenty-two, exempting Little Satilla Neck in said county, below the Cross swamp, satiiiae the slaves on the Island of OsSabawfrom road duty, sha11 be exempted from the performance of road duty on the in the Coiinty of Bryan. ■ <' ' Pubhc ^oads ln said count7 for one year fpom the P^age of |he™d Preamble Whereas thle above-recitpd act Pxemnts the slaves on said thlS act' for the PurPose of working on the road leading from tehae ^ preamble. . wn.ereas, tneabove recited act exempts the slaves on said gaid neck tQ the postwroad under the superintendence of the road. uhod fi»m perforrowg.road labour in said county, by the foI,ow;n? commissioners, for that part of 9aid road leading owners thereof paying to the commissioners of roads of said Noddinfrr p'inl t'the main DOst-road to wit Alex- By m xnLthe„8umof tbrMirper hrd p? t *• island nf k f r.m tim c ■ i, . c , Speaker pro tern, of the House, of Representatives^ oKaw, baw, from the age of eighteen to forty-five years, be corn- ^ v ALLEN B. POWELL, rpadm S?le rrform road ^bou,r sa?d agreeable to .. , • ■ . President of the Senate. - IT/ZllZt f°"?' a"d I*1?' 'he ab°Ve" Assented to, December 24th, 1825. , recited act be, and the ^ , ' G. M. TROUP, Governor. Speaker pro tern, of the House of Representatives. ' i ' .met ^ ALLEN B. POWELL, -AN ACT to repeal an Act, entitled An Act to amend tNo 11Wi President of the Senate. the Road Laws of this State so far as relates to the Assented to, December 24th, 1825. ' County of Baldn^n- rmsseA on ihp. tntpntieih dan of G. M. TROUP* Governor. December,.eighteen nuTUMeu &ua rwencu-TOu'Cm ROADS, BRIDGES, AND FERRIESl 3S9 Said Act Be it enacted by the Senate and House of Representatives repealed. 0f the gtate of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act the before-recited act be, and the same is hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1825. G. M. TROUP, Governor. INo. H96.] AN ACT to alter, amend, and consolidate the Road Laws so far as respects the County of Glynn. Who are Be it enacted by the Senate and House of Representatives work on °f the State of Georgia, in General Assembly met, and it Rereads, js hereby enacted by the authority of the same, That all male causeways, white inhabitants, free negroes, and mulattoes, and all male &Cl slaves, from the age of eighteen to forty-five years, sh9.ll 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 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 other male slaves, shall be liable to the fines and penalties Proviso, in this act defined and expressed ; Provided, that nothing herein contained shall extend to subject practitioners of phy- sic or teachers of schools to personal working or attendance on the roads, causeways, bridges, and water-passages within the several districts wherein such person shall or may re- side. Commis- § 2. And be it further enacted, That the commissioners Siorfzedto hereinafter appointed, or a majority of them, shall, and they sununon- ^ave ^ Power an(^ authority to appoint one or more person ersinthe or persons within their several districts and divisions to several dis- summon au such persons as are obliged to work within the . said districts, at such time of the year and for as many days as they may think convenient and necessary (not to exceed six days at any one time, or twelve days in one year), to re- pair, erect, open, clear, and work upon the several roads, bridges, causeway's, and water-passages within the same 'T eraTobe"' and said summoner, before entering on the duties of his ap- sworn. pointment, shall take-the following oath, to be administered The oath, by one of the commissioners of said county, viz. t " I, A. B., do solemnly swear that I will faithfully discharge the duties of summoner of the district to which I am appointed, and that I will receive no> return from any owner* manager, or other person, unless such owner, manager, or other person take the oath prescribed by law ; so help me God." And Owners, the several owners or managers of male slaves within their Mvera list several districts shall, when summoned, deliver to the person on oath in summoning a list in writing, on oath, ofall such male slaves th™um-° as by this act are liable to work, which shall be as follows, The oath v'z*r " L A. B., do solemnly swear that the list which I now give is a just and true return of all the male slaves sub- ject to road duty under my control, either as pwner, exe- cutor, administrator, agent, or manager, to the best of my knowledge and belief; so help me God which oath the said summoner is hereby authorized to administer r and for Penalty for the refusal of such owner or other person in his or her be- fSKh8 l° half to give in a list of all such slaves on oath as by this act said list, are liable to work, shall forfeit the sum of three hundred dollars, to be recovered in any court having cognizance thereof, to be levied of the goods and chattels of such owner, and which shall eome to trial at the first term after com- mencing suit. § 3. And be it further enacted^ That the person oir persons summoning as aforesaid shall tbe exempt from his or their per- summon- sonal [labour] in such districts or divisions ; and in case any frr®^: person or persons appointed to summon as aforesaid shall ne- «onai ia- gleet or refuse so to do, such person or persons shall seve- punished rally forfeit thirty dollars for every such offence, to be levied [°ra(.etfusar' by warrant of distress and sale of the offender's goods and chattels, under the hands and seals of a majority of the com- missioners of said district. § 4. And be it further enacted, That the commissioners Commis- shall give at least ten days' notice to all persons subject to gweeten° work within their respective districts or divisions of the time ^^'"time and place of attendance, with such tools as they may deem and place necessary ; and if any person subject to work as aforesaid ofworkulS- shall fail to attend agreeably to such notice, together with all slaves liable to work on the roads by this act, owned by them, or under their care and management, they shall be subject to the following fines, viz.: for the Fines to be non-attendance of every free person, except such as are lmP°sed- herein exempt, the sum of one dollar per day, and for every slave the sum of seventy-five cents per day on the mainland,, and fifty cents per day for all male slaves being and residing on the islands of St. Simon^s and Jekyl who may be liable to work on the main, agreeable to the provisions of this act hereinafter mentioned, to be levied by warrant of distress and sale of the offender's goods and chattels, under the fluiters hands and seals of a majority of the commissioners or sur- Veyors of the district in which the same shall be assessed or be issued and incurred, and directed to any constable of the coifoty wherein execule • such offender or offenders' property may be found, whose duty it shall be to execute the same without any delay, and the said constable shall be entitled to the same fees as are allowed for executing ^ther processes of a similar nature; and in all cases where the fines accruing and imposed by this act shall exceed the sum of thirty dollars against any one offender, it Shall be the duty of the aforesaid commis- sioners, or a majority of them, and {hey are hereby author- ized, required, and directed to issue separate and distinct executions against such offender's goods and chattels for the amount of the fine incurred by the default of each and every slave of such offender, severally; which said fines, when le- vied, shall be paid by said constable to the commissioners, or any one of them, in the division or district where the said fine may be collected, and shall apply the same towards the Fines how repairs of the several roads, bridges, and causeways within pueb,Lai>' such division, and be severally answerable for the sums re- eeived by them to the general board of commissioners, and shall make a return of the sum or sums of money by them received as aforesaid, and of the particular bridges, cause- ways, or roads about which they have expended or laid out the same or parts thereof, at the annual meeting of the board, unless the party making such default shall, within ten days thereafter, make such excuse'on oath as may be deemed sa- tisfactory to the commissioners of their respective districts or divisions. § 5. And be it further enacted, That every male white Male white- inhabitant liable to work and appear as aforesaid shall, J"gobltant3" when summoned and appearing as aforesaid in his district armed, or division, if required, carry with him one good and suffi- cient gun or pair of pistols, and at least nine cartridges to fit the same, or twelve loads of powder and ball, or buck- shot, under the penalty of seventy-five cents for every day he shall neglect so to do, § 6. And be it further enacted, That 110 civil officer or No civil any person whatsoever shall on any pretence execute any b^en^ced warrant or process, unless for felony, treason, or a breach against per- „ , • , . sonsdunna of the peace, on any person or persons during the time any the time such person or persons shall be working upon the said roads, SSiSS or in going to and returning from working and appearing as uP<>n the- aforesaid on the same, or within twenty-four hours afterroadSr&e" such person or persons shall be discharged from working upon such roads* under the penalty of ten dollars* and the 390 ROADS, BRIDGES, AND FERRIES. service of such warrant or summons on any person is hereby do or perform thp duties required of them by this act, such declared to be null and void, to all intents and purposes; commissioner or commissioners shall, at the discretion of the and during the time aforesaid, not any implement for hny board of commissioners, forfeit.and pay a sum not exceeding cause, matter, or thing whatever, except, it be for any pay-, thirty dollars. ■ . . ment or assessment mentioned in or for any fine or forfeiture § 11; And be it further enacted, That if any person pr ' incurred b.y this act, but, arms and accoutrements shall not persons shall by themselves* their slaves, or servants, for a[S»'n? be liable to be seized or taken away under any pretence whom ^their, respective masters, owners, managers, or whatever ; and in case any person shall seize, distrain, or employers shall be answerable, alter, or in any wise damage Bonsforob- levy upon any such implements of labour, arms, and accou- by stopping of water, or by any means whatever obstruct .^cll0Mr trements, except as aforesaid, every such person shall forfeit any of the roads, bridges, rivers, or creeks, in any division and pay the sum of ten dollars. • -' or district already laid out, every such person or persons so overseers § 7. And be it further enacted,That the commissioners offending shall be summoned by the commissioners or sur- ointed^" aforesaid, or any one of them, shall have power'and author- veyors of the districts or divisions wherein any such offence P°m ' ,ity to nominate and appoint one or more overseer or over-, shall be committed, or a majority of them, forthwith to Their du- seers in their respective .district or districts to, attend, vieiw, amend,clear, and repair the same; and in case of refusal or s powers! manage, and direct all persons working within the same ; neglect of such person or persons so,'to do, such person of and such overseer or overseers hereby have full power to persons so offending shall.be fined in a sum not, exceeding, correct any slave or slaves neglecting the work by them to thirty dollars, and the said commissioners or surveyors, or a' be done, or otherwise offending ; and in case any white majority of them, are hereby empowered and required to person, free, negro, or mulatto shall neglect [to work] or hire and employ such a number of hands as may be neces- perform the duty required of him or them, the commissioners, sary to attend^ repair, arid clear the same ; and the expense or a majority of them, upon report thereo.f by the overseer of Such amendment, repairing, and clearing shall be de- pr overseers, shall fine every person so offending in the sum frayed anil paid by- the person pr persons so offending, ne- not exceeding two dpllars, for each day, he shall so refuse glectirig, or refusing,' as aforesaid, which fine and expense or neglect; and if any person or persons, chosen overseer shall Art refusal of payment be* levied on the goods and as aforesaid shall, refuse to do and perform the duty thereof, chattels of, such offender, as in this "is directed, such person pr* persons shall, at the discretion \of the said (§ 12, „ And be it,further enacted, That if at any .time How new > commissioners, or a majority of them, be fined-ten dollars after the'passing of .this act, any number of persons should [^ald for every,such offence. ' wish, or desire a pew public road to be laid .out, opened,out and Penalty on §3. And be it further enacted, That if .any person or cleared, and kept iri repair, such persons shall-communicateopeue * hindering" Persons, as aforesaid, shall-hinder or forbid any traveller their wish or desire, by petition,, to the bbard-of commis- , travellers, from going through or passing over any roads;bridges, rivers, sioners or surveyors at their annual meeting, therein giving or^egroes or' creeks, in any division or distri commissioners are re-- road or roads to hp laid out, and to determine and prescribe guired to allow ^reasonable cpmpensation, orwhich they the district or districts of such road or roads, and forthwith ^ or a majority of them shall judge, for the trees or timber , to appoint three commissioners to, each district or division, « to the owners thereof, for the purpose of keeping in good who will accordingly proceed to lay out, and cause to be repair the several roads, bridges, and causeways, to be paid opened, cleared,' and kept in repair such road or roads: out of-any fines collected by virtue of this1act. '■)" [' Provided, that if the said new_rqad shall riot be of sufficient Proviso. Commis \ § 9- And be it further enacted, .That the several poriimis- length, or difficult to form, or require a separate district, the meet annu- si°n®rs nominated and appointed shall meet yearly; and at saiJ commissioners or surveyors, or a majority of them, may aiiy. such time and place within the countyas the commissioners at their discretion allot the same to such other district or of the several divisioris may appoirit, giving at least'twenty districts as may to them appealr most equal and fair. • ' days* notice in their respective districts of the time when .§13. And be it further enacted, That all public roads Public a majority and place where such meeting will be. held ; and a majority laid ou,t or now' in use, or which shall hereafter be laid out, [^beciTa^ board"^ commissioners so, convened shall form a board; and shall .be cleared of all frees, grubs, and bushes, at • least ^ then arid there determine all matters relating to the seVeral twenty feet wideband such limbs of trees as may incommode roads* bridges, rivers, creeks, causeways, water-passages, horsemen or carriages shall be-cut away. - ■ - f already laid out, erected, cleared, or made, pr which may And,whereas, it may not be practicable for the several per- . be erected, cleared, or made, and assign „ any particular sons subject to work by this act to erect bridges over the seve- person or persons, Commissioner or commissioners, and to ral creeks arid rivers which may be in their districts or divi- appoint the time of working within their respective divisions sions?by Working thereon in the mode pointed out by this act; Vacancies, or districts ; and also to appoint other commissioners in the . § 14. Be it further enacted, That the commissioners commis^ room of any dying, departing the State, declining, refusing, oy surveyor^ of such district or division, by the consent of authorized or neglecting to act, as shall be agreed upon and determined the justices of the Inferior Court, are hereby empowered to by a majority of the commissioners to form a board ; those contract and agree, with any person or persbns willing to building or present shall give ten days' notice of the time and place of undertake the same, and thq expense thereof to be defrayed another meeting, * f out of the county funds ; and whenever it shall be necessary commison § 10- And be it. further enacted, That any commissioner to erect or repair any bridges between two counties, the to°'be bu'm sioners'or or surveyor, appointed or to be appointed, whp after accept- commissioners of the districts adjoining such bridge in both forrVneg'ect suc^ appointment shall not daily and every1 day counties, by the consent of the justices of the Inferior of duty., attend upon the rOrids within their respective districts or Court of each county, are hereby empowered _ to contract divisions during the time of working oq the same, or when-. with any person or persons willing to undertake the same, ever thereunto required by a majority of the commissioners and the expense thereof to be at the joint expense of each of such division or district, or who shall refuse or neglect to county, to be defrayed out of the county funds. ROADS, BRIDGES, AND FERRIES. 391 iiowpri- § 15. And be it further enacted, That if at any time lud roads'5 af"ter tlie passing of this act, any person or persons should may be wish or desire to have a private path, for the convenience of laid out. seU]ementj t0 the nearest public road or landing place, such person or persons shall communicate their wish or desire to the board of commissioners at their annual meeting, therein giving an accurate and full descrip- tion of the road they 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 the joint proportional labour and expense of those who may apply for aad use the same in common, of which proportional labour and expense the board are hereby declared to be sole judges. Hands in § lb. And be it further enacted, That all the male slaves, d^strk-t'1 white inhabitants, or other persons subject to perform road where to duty in the twenty-seventh district, shall commence on the W)rk' Fancy bluff road, at the point or place where it may join or intersect the Buffalo road leading to Brunswick, and work towards Fancy bluff across Green creek, Turtle river bridge, Hands in and so directly on to Fancy bluff. And all the slaves, white district'1 inhabitants, or other persons subject to road duty in the wiuM-e they twenty-sixth district, except such1 as have been otherwise Mian work. appr0priat.e(j? shall work on the road known as ■ the. Buffalo road, and under the control of the commissidners of the * said district, unless they may in their wisdom think proper to put a part of their force on the road leading from Bruns- wick to Barringtom * commis- § 17. And be it further enacted, That Jam.es Blue, C. C, pointed "or Couper, John Piles, be, and they are hereby appointed com- the 27th missioriers for that portion of the county which includes the district twenty-seventh district, and they, or a majority of them, are hereby fully authorized to carry this law into full effect, so .Commis- far as embraces their district or division. And that John the'-Jtith°r Burnet, jr., William Moore, John Harris, Thomas Dover, district. Daniel M. Stewart, are hereby also appointed commission- ers for that portion of the county which includes the twenty- sixth district, or Captain Samuel Burnet's company, and they, or a majority of them, are fully authorized as above named to carry this law into effect, so far as includes their district or division. Commis- § 18. And be it further enacted, That James Gould, Sa- the'lsiand" teuel Wright, and Jonathan Bowers are hereby appointed of st.si- commissioners for the island of St. Simon's, and they, or a aiuiiority!'1 majority of thorn, are hereby fully authorized to call out and employ one-half of all the male slaves, all male white in- habitants, one-half of all free negroes and mulaltoes, who may be liable to road duty agreeable to the provisions of this act, within their jurisdiction, and shall cause them to work on such roads or in such places as to them shall seem most proper in and about the said island of St. Simon's, and ( that the remaining half of all the male slaves liable to road duty, free negroes, or mulattoes, being or residing on said island, are hereby required and compelled to work on such roads or places as the commissioners of the twenty-sixth Proviso, district may deem most proper; Prodded, nevertheless, that nothing in this act shall be so construed as to prevent any owner or manager of slaves on said island of St. Simon's to * retain the one-half of his male slaves so liable to work in the district, by paying to the commissioners therein named ' the sum of fifty cents for each day his slave or slaves may be absent, unless such absence shall be proven to have been caused Uy sickness, running away, or some good and suffi- cient excuse, such as the said commissioners may consider full and satisfactory. . Twenty- s § 19. And be it further enacted, That twenty-five male hi'the'atith s^ave3 W^° may ke subject to road duty in the twenty-sixth district to district or division, be authorized and required to work certain" a on a road known.as the Honeygall creek road, under the road, and sarae fines and penalties as are herein made and provided ; and that James Powell, Bailey Forrester, and Alexander by whom Stapleton be, and they are hereby appointed to carry the pro- intended!' visions of the above act into full effect, so far as respects the said road and landing and the Honeygall creek. § 20. And he it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House, of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 182U. * G. M. TROUP, Governor. AN ACT to authorize the Justices of the Inferior Court [No. 1197.j of Richmond County, Commissioners and Overseers of roads, and Contractors for the construction and repairs of roads in said County, to enter upon the lands and enclosures of individuals or of corporations, and to take therefrom materials necessary for the construction or repairs of roads. Beit enactedby the Senate and House of Representatives Theinfe of the State of Georgia, in General Assembly met, and it is ""com"1' hereby enacted by the authority of the same, That from and after the passing of this act it shall be lawful for the justices Richmond' of the Inferior Court of Richmond county, all commissioners ^oriz'^ta and overseers of roads, and all contractors for the construe- take rock, tion and repair of roads in said county, or any or either of forVrepairs them, by their agents, labourers, or servants, to enter upon the ofroads, lands and enclosures of any person or persons, individual or corporate, within three miles of any public road passing through said county, and to take therefrom any rock, stone, gravel, or earth, and any timber (other than shingle timber), •for the purpose of making or repairing any road or roads, bridge or bridges; and that the person or persons who may Any per- be injured thereby shall receive a reasonable compensation tobecom-^ for the damage or injury they may sustain, to be determined related, by two persons, one to be appointed by each party, and by an umpire elected by the referees in case of disagreement. § 2. And be it further enacted, That the award shall be returned to the office of the clerk of the Superior Court by the case of dis- referees, and notice given to the parties; and that if either ^,nS.fac" part shall be dissatisfied with the award, an appeal may be en- tered by the dissatisfied party, at any time within ten days after notice given of the award, which appeal shall be entered . and tried as appeals from the verdicts of petit juries. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. AN ACT to alter and amend the Road Laws of Glynn [No. nos.j County, passed December the twenty-fourth, eighteen hundred and twenty-five. Be it enacted by the Senate and House of Rcpresenta- tives of the State of Georgia, in General Assembly met, and the roads in it is hereby enacted by the authority of the same, That from coumv to and immediately after the passage of this act, the commission- be elected, ers of the roads for said county shall be elected at the same places and by the same persons who are entitled to vote for members of the State Legislature, members of Congress, and all county officers ; three road commissioners shall be elected-from the twenty-fifth district, three road commission- ers from the twenty-sixth district, three road commissioners from the twenty-seventh district, on- the first Monday in January, annually, who may appropriate the hands liable to road duty in their respective districts as a majority of them may deem most proper, except the twenty-fifth district. 392 HOADS, BRIDGES, AND FERRIES. which shall be governed by the road law of eighteen hun- dred and twenty-five. < , To form a § 2. And be it further enacted, That the said nine commis- meet at° sioners, so elected annually, shall form and consttyutp a board Brunswick. 0f road commissioners for the county of Glynn ,* and they, ♦ or a majority of them, shall meet at Brunswick as often as they may deem itnecessary, giving sufficient notice thereof.; Fines and all fines which may' arise in 'the several districts shall be their con- subject to the contest [control] of.a majority of said com- missioners who may be present, and the said commissioners so presiding'are hereby empowered to compel all receivers qf road fines to make their returns on oath Afnto them, and pay over all moneys collected .unto thbir order, anil are fully ' authorized to issue executions against all defaulters accord1- ; ing to law.; . . Presiding ' §3. A-Adbe it further enacted, That the presiding ma- iratev&c. gistrate or freeholder, from each election district in said atsaideiec- county of Glynn shall make their returns to the justices of make ° - the Inferior Court of said county ; and any three of them are hereby authorized to notify said persons of their election,., ■Court, and receive their acceptance of said appointment; in casp any person so elected as a commissioner of roads for said county shall refuse ,to act or die, such vacancy shall be filled by the commissioners of roads for the district where the vacancy occurred. - . Where a §4. And be it further enacted, That in case any district should refuse or qeglept to elect three commissioners;,the . justices of the Inferior , Court, or a mafority of them,'.are, Uie^iiferitfr hereby empowered t6 appoint three road commissioners for, ®p^n™ay said defaulting district. ^ , uiem, , § 5. And be it further ertacted, That all laws or parts of #iause.inS laws militating against this, act be, and the same are hereby of the State of Georgia, in General Assembly met, and it is SaidActre- hereby enacted by the authority of the same, • That from and p€a,ed* immediately after the passing of this act the above-recited act, be, and the same is hereby repealed. j t IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . . V President of the Senate. Assented to, December 22d,' 1826. *. G. M. TRQUP, Goyernor. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, . , President of the Senate. Assented to,'December-20th, 1826v , , v • G, M., TROUP, Governor. fNo. 1199.] The Grand Juries of Elbert to ■ present all #oad Com- missioners who ne- - gleet to per- form their duties. Penalty on saidde- faulting Commis- fiioners. AN ACT to alter and amend the Road Lain An refers ence to the liability of Commissioners, and for, other purposes, so far as respects the County of Elbert. Be it enacted by the Senate and House of Representa- tines 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 passage ,of this act it shall be the duty, and it is hereby required of the grand jurors for the county of Elbert, at each and every term of the Superior Court for said county, to jm'ake true presentments of all commissioners of roads who may. fail or neglect to perform their respective duties as such as pointed out by the above- recitedact. \ § %. And be it further enacted, That it shall be the duty of the clerk of the Superior Court for said county to give infortnation of all commissioners who may be presented in terms of this act to the Justices of the Inferior Court, whose dqty it shall be to proceed against them (the said commis- sioners) in the manner pointed out by law; all laws or usages to the contrary notwithstanding.' 1 ' '. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. . ' G. M. TROUP,.Governor. AN ACT to alter and amend an Act, entitled An Act to [No. 1201.] amend the Road JLaws. of this State, assented to fin the nineteenth December, eighteen hundred 'and eighteen. Be it enacted by the Senate and House of Representatives Commis- of the State of Georgia, in General Assembly met, and it is rSmay hereby enacted by the authority of the same, That from - and Parfeioui» j- , i a xi V,. x , portion of immediately after the passage of this act, when any person roadtoap- liable to do road duty/in- this State shall make application pllcaDtg- • to the commissioners of ih& roads in Jthis State for a propor- tion of road1 for himself and hands to work on and keep in repair, it shall be the duty of"said commissioners, or a ma- jority of them, in each capjtain's district to meet on such ap- plication, ahd to parcel off and lay out to each applicant and his hands liable to work as aforesaid some .eqpal and just portion pf said road as to the-said cbnrt missi oners may •' seem reasonable and proper ; a/id the^said portion of road so laid out to such person shall be increased of diminished as the said applicant's hands Shall increase or diminish. § 2. And be it further, enacted, That the said person or said appii- persons ^o receiving any portion, of road as aforesaid shall make an annual report tp the commissioners of the number of numberof his hands liable to work ; and after such applicant shall re- {ihaeb[e,tondo ceive, work on, and put in good repair said portion of roadroad du|y' so assigned to- him by the Commissioners as aforesaid, then Such applicant and hands Shall not be transferred to any , other part of the road without his consent; and in Case any person shall neglect to keep in good repair such portion of road as, may be laid out to him as aforesaid,' he Shall be liable Pe.^tor°r to all the penalties and forfeitures to which commissioners keep their of roads are now liable, for neglect ,of duty, and shall be proceeded against in like manner : Prpvided, nevertheless, paj£.gft that if the Cpmmissioners and applicants should not agree ori the portion of road to1 be laid off to him, then the said . applicant shall remain and work in common with other hands in the district in which they belong, according to the road laws now of force in this. State.. § 3. And be it. further enacted, That all laws or parts of laws militating against this act be, and the same ure herebyca repealed. ' , . ' IRBY HUDSON, ' i Speaker of the House of Representatives. T THOMAS STOCKS, v ; President of ^he Senate. Absented to,.December 20th, 1826. - G. M. TROUP, Governor. [No. 1200 ] AN ACT to repeal ah Act, entitled An Act to exempt from Road Duty, on certain conditions, all male Slaves i on the Island of SL Catharine. Be it enacted by the Senate and House of Representatives AN ACT* to alter , and amend an Act to alter and [No. 1201) amend the Road Laws of this State, passed December nineteenth, eighteen hundred and eighteen, so far as respects the Counties of Franklin, 'Hall, Lincoln, Co- lumbia, and Wilkes. ' Be it enacted by the Senate and House of Representatives The grand of the State of Georgia, iy General Assembly met, and it ^^Mn, is hereby enacted by the authority of the same, That from and immediately after the passage of this act, it shall be lumbia, lawful and is hereby made the duty of the grand jurors of ^dkcf ,0 Franklin, Hall, Lincoln, Columbia, and Wilkes counties present de- to present all defaulting or delinquent overseers and com- overseers missioners of roads and bridges in said counties. ' ROADS, BRIDGES, AND FERRIES. 393 Said deiin- § 2. And be it further enacted by the authority aforesaid, ffiflfoed! Tilat upon such presentment the court shall fine such de- faulting or delinquent overseers in a sum not exceeding twenty dollars, and such defaulting or delinquent commis- sioners of roads and bridges in a sum not exceeding forty dollars, for each and every such default or delinquency. Persons ob- § 3. And be it further enacted, That the third section of listofS a the act hereinbefore recited be, and is hereby so amended bieuf road as *° re(luire persons obtaining a list of hands liable to duty to be perform road duty, in addition to the requisitions of the said sworn. third section, to be sworn to such list or return. Repealing § 4. And be it further enacted, That all road laws here- etause. tofore passed in any the least degree contravening the pro- visions of this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of Senate. Assented to, December 23d, 1826. '" G. M. TROUP, Governor. [No. 1203.] AN ACT to authorize and empower Jonathan Phillips, of Pike County, to establish a Ferry across Flint River. Jonathan Be it enacted by the Senate and House of Representatives veltecfwith °f ^ie State °f Georgia, in General Assembly met, and it is the right to hereby enacted by the authority of the same, That from and fmy across immediately after the passage of this act, Jonathan Phillips, Flint river, of the county of Pike, be, and he is hereby fully authorized and empowered to establish a ferry across Flint river, on his own land. Ferriage. § 2. And be it further enacted, That the said Jonathan Phillips, his heirs, and assigns be fully authorized and em- powered to demand and receive the same rates of ferriage which has been allowed to other owners of ferries on said river; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of Senate. Assented to, November 22d, 1826. G. M. TROUP, Governor. [No. 1204.] an ACT to establish a Ferry across Flint River on fraction number one hundred and seventy-eight, in the first district in the County of Dooly, and to vest the right of said Ferry in William Lampkin and Ms heirs, William Be it enacted by the Senate and House of Representa- authorized ^ves °f ^ State of Georgiq,, in General Assembly met, to establish and it is hereby enacted by the authority of the same, That said ferry. prom ancj immec|iate)y after the passing of this act it shall and may be lawful for William Lampkin to establish a ferry on lot number one hundred and seventy-eight, in the first district in the county of Dooly, it being his own land ; and he is hereby authorized to ask, demand, and receive the fol- lowing rates of toll from all persons that may cross at said Rates of ferry: for wagon and team, fifty cents; a four-wheel plea- ferriage. gure carriage) fifty cents; an ox cart, twenty-five cents ; a horse cart, twenty-five cents; a man and horse, twelve and a half cents ; a led horse, six and a quarter cents ; a foot- man, six and a quarter cents ; each head of neat cattle, two cents ; and for each head of hogs, sheep, or goats, one Proviso, cent; Provided, said Lampkin shall keep a good ferry-boat, and pay strict attention to it, and pay all damages that may occur by reason of his neglect. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. Ddd AN ACT to authorize Elijah Phillips to erect a Bridge [No. 1205.] or Ferry over the Towaliga River, in Monroe County, on his own land, and to establish the Toll Rates. Beit enacted by the Senate and House of Representatives Elijah Phil- of the State of Georgia, in General Assembly met, and it is la^hv^1teed hereby enacted by the authority of the same, That from and right to immediately after the passage of this act, Elijah" Phillips be, budge and he is hereby vested with full power and authority to erect acr<>ssTo- ,•1 r im 1' • J waliga in a bridge or terry over the lowanga river in Monroe county, Monroe on his own land, and that the said Elijah Phillips is hereby and to7!*- authorized to ask and receive from any person or persons yeivetoii. crossing on said bridge or ferry the same toll rates as is allowed or established by law at the public ferries on the Ocrtiulgee river. § 2. And be it further enacted by the authority aforesaid, said Phil- That said Elijah Phillips is hereby deemed and held respon- Jjabiefm sible for all losses sustained by passengers arising from ne-losses- gleet of duty on his part; Provided, nothing herein con- Proviso, tained shall be so construed as to hold said Elijah Phillips responsible for unavoidable accidents or improper conduct on the part of passengers. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. AN ACT to grant to Thomas Spalding and his associates [No. 1206.] the right of constructing a Railroad of wood, or digging a Canal from the Ocmulgee to the Flint River, with certain privileges. Be it enacted by the Senate and House of Representa- P0™.18 tives of the State of Georgia, in General Assembly met, and h!sSas- and it is hereby enacted by the authority of the same, That FhoUzedTo" Thomas Spalding and such persons as he may associate cuta canal with himself, being citizens of the -United States, be au- stmctaraii- thorjzed to cut a canal or construct a railroad of wood [£Fofcmui- from the Ocmulgee to the Flint river, from and to such points geetoCthe as. they may deem most proper and fit. U,1"' § 2. And be it further enacted, That the said Thomas May pur- Spalding and his associates shall have power to purchase in j^fee-ilFm- fee-simple such land as may be necessary for the construct- {£teofddhF ing and completing the said railroad or canal; and in case agreement of disagreement as to the price of the land so taken between the owner or owners thereof and the said Thomas Spalding and his associates, such .disagreement is to be determined mined.61" by the award of three sworn appraisers, to be chosen, one by the said land owner, one by the said Thomas Spalding and his associates, and one who shall be appointed by the Inferior Court of the county, with the right of appeal ta either party to be tried by a special jury at the term of the Superior Court next thereafter held in that county ; and the decision, in whatever way finally made, shall vest in the said Thomas Spalding and his associates the fee-simple of the land in question, and in the other party a judgment for its value thus ascertained. §3. And be it further enacted, That the said Thomas The right Spalding and his associates shall have the exclusive control JJafo^raii- and benefits resulting from the said railroad or canal for road vested /» n . , in them the term of ninety-nine years from its completion, at tne for ninety- expiration of which time the said railroad or canal shall nme years- revert to the State; Provided, that the State may at any Proviso, time within two years take an interest in the said railroad or canal, not exceeding one-half, after paying to the said Thomas Spalding and his associates, his, or their assigns, a sum equal to the same portion of the capital which may satisfactorily be shown has been expended upon the work and expenses attending the same, and eight per cent, interest thereon from the time the said work shall have been com- menced until it shall have been completed. ROADS, BRIDGES, AND FERRIES. May exact § 4. And be it further enacted, That the said Thomas § 2. And be it further enacted, That it shall be the duty The jm> reasonable gpai^ng an(j jjjg associates shall haye authority to impose of the justices of the Inferior Court of the county of Effirlg- inferior1 and exact such reasonable toll as may be proper and suffi- ham, at. their first meeting in each year, to appoint fit and cient for the purpose, of remunerating them for the labour proper persons as overseers ; and it sfyall be the duty of the coumyan- and expenditure of the undertaking, and to enable them to justices aforesaid to hear and determine on all defaults either Spjj^J0 keep the same in repair, by overseers or hands.' IRBY HUDSON, Commis- saidSpaid- § 5. And be it further enacted, That the said Thomas '. ■ • ' Speaker of the House of Representatives. &c?er'' • and his associates. Beit enacted by the Senate andHouse of Representatives commis- Five years § 6. And be it further enacted, That the term of five of the State of Georgia, in General Assembly met, and it is |'°ner8 complete'0 years be allowed to the said Thomas Spalding and his asso- hereby enacted by the authority of the same, That from and thirtyPna 're!dro!"ten ciates t0 comPletel the said railroad' ?r ten years to com- after the passage of this act it shall and may be lawful for Sand * yearsfor n plete the canal, from the passage ,of this actand if at the the commissioners elected or appointed by thedaw of 1826, of St. Si- the canal, expiration of the time herein specified the. said work shall to appropriate thirty slaves, subject to perforih road duty on opening not have been completed, then and.in such case this charter the island of, St. Simon's, to opening and clearing the cuts [|]®0CU" of incorporation and all the rights, privileges, and iipmuni- through the rnarshes frpm St. Simon's to the Hog crawl; tiTL^ ties hereby granted shall cease and be void to all intents and it shall be lawful, for the said commissioners ^o appoint Hog crawl, and purposes. ^ overseers to attend to said slaves while working said cuts, &c- No person § 7. And be it further enacted, That no person "or per- provided the cbmmissioners of the road shall deem It ne- Proviso, ny tOIcou- ®ons»nor any company nor association, shall have the right, cessary to >vork-on said- cuts. raiiroador or PriviIeSe of eutting a canal or constructing a railroad, § 2. And be it further enacted, That all the slaves and ah persons cut a canal between the Ocmulgee and Flint rivers within twenty-five other persons residing on the-south side of Turtteriver, in the [hShon twenty- mdes ahove, or twenty-five miles below, the contemplated 27th district, subject to road duty, shaH be appropriated to the sideofTur- Sovew3 raHroad or canal pow granted to Thomas Spalding and his openings road from the College bridge in said district the KB below. associates ] Provided, that the saidThomas Spaldjng and his nearest and best way to the mineral spring jn Wayne county, lrict»BUb* Proviso, associates, his, or their assigns shall, within two years from provided the commissioners of the roads deem the same dmy^itf the passage of this act, deposite in the office of the executive necessary. > - * 1 beapp1ro' of this State a plan or chart of the contemplated work, ^ 3; And be it farther enacted, That the commissioners so opening a showing its courge and direction. N , appointed or elected by tile law of 1826 shall form and con-conege°m r , IRBY HUDSON, 1 stitute a board of commissioners, and shall meet at Bruns- ^Minerd Speaker of the House of Representatives, wick on any day they or a majority of them may think pro- spring in •THOMAS STOCKS, per, to agrees ,ofi the time and regulate the working of roads ^oviso! President of the Senate, in the different districts, and so appropriate the fines accru- T!>e. bom- Assented to, December 22d, 1827. ing from defaulters for neglect of road duty as they, or a TppoS i JOHN FORSYTH, Governor, majority of them, may think, proper ; any law to the contrary bjl - ' ' , , . notwithstanding. IRBY HUDSON, constitutes 7,] AN ACT to repeal an Act passed1 the 2lth December, / , ./ Speaker of the House of Representatives. Smretat 1825, establishing and malting permanent Pierce A. - ', - THOMAS STOCKS, 1 Lewis'sFerry on the Ocmulgee River. ■ a . - , ^ President of the Senate, designated! The Act Be it. enacted by the Senate and House of Repre'senfa- Assentedto, December 24th, 1827. fc" permanent tives of the State of Georgia, in General Assembly met, *and , JOHN FORSYTH, Governor. Lewis's" thereby enacted by the authority of the same, That from ' ferry on and immediately after the passage of this act the before- / AN ACT to establish and make permanent the Ferry on [No. 1210.1 gee river*1" recited act, making permanent Pierce A. Lewis'? ferry, on the . the Chattahoochee River, in the County of JlaU, known repealed. Ocmulgee river, in Jones county, be, and the same is hereby by the name of Obediah Light's Ferry. repealed. - _ . IRBY HUDSON, Be it enacted by the Senate and House of Representa- ?be]?ial,fr . Speaker of the House of Representatives. tives 0f the State of Georgia, in General Assembly met, and ^the' THOMAS STOCKS, a is hereby enacted by the authority of the same, That the ' / President of the. Senate, ferry on the Chattahoochee river, in the county of Hall, at the in Hail Assented to, December 26th, t827.' . landing belonging to Obediah Light, called and known by the SffiT JOHN FORSYTH, Governor, name of Light's ferry, be, and the same is hereby made and de- , ' _ ■ , clared a public ferry ; and the said Obediah Light,-his heirs, Authorized INo. 1208.] AN ACT to repeal certain Road Laws now in force in or legal representatives are hereby authorized to ask, take, ^receive ' this State, so far as respects the County of Effingham, and receive from all persons crossing at said ferry, the same toi- Ail laws Be it enacted by the Senate and House of Representa-. rates of toll or ferriage that is by law allowed or established of lawsre-tives °fthe State °f Georgia, in General Assembly met, and. at other public ferries on said river, quiring the it is hereby enacted by the authority of the Same, That all laws IRBY HUDSON, mentor and parts of laws now in force,in this State authorizing and * Speaker of the House1 of Representatives. *Inission«s requiring the appointment of road commissioners Jn this THOMAS STOCKS, &c. re- ' State and defining their duties be, and the same is hereby President of the Senate. jferaasdre- repealed, so far as respect? the county'of Effingham, and Assented to, December 17th, 1827. count 'of tbat the road'aci of eighteen hundred and eighteen be and JOHN FORSYTH, Governor. Effingham, remain in,full force in the county of Effingham, with the _ -77— ■ • k< exception of the above repeal; any law, usage, or custom AN ACT to authorize William Trice^ of Upson County, [Nol^n-l to the contrary notwithstanding. - to erect and make permanent a Ferry across Flint ROADS, BRIDGES, AND FERRIES. 395 River, at the place formerly hnoivn hy the name of Smutey's Ferry. William Be it enacted by the Senate and House of Represent- ihorized to atives of the State of Georgia, in General Assembly met, establish a anfi (f is ]iereby enacted by the authority of the same, That Flint river from and immediately after the passage of this act, that couuty.n William Trice, of Upson county, be, and he is hereby au- thorized and empowered to erect a public ferry across Flint river, on his own*land, at the place formerly known on said river by the name of Smutey's ferry. Authorized § 2. And be it further enacted, That the said William andnjce'ive Trice, his heirs, or legal representatives are authorized to wlL ask, take, and receive from all person or persons crossing at said ferry the same rates of toll or ferriage that is by law allowed or established at other public ferries on said river. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1827. JOHN FORSYTH, Governor. INo. iei2.] AN ACT to authorize John Rushin to establish a Ferry across Flint River, upon his own land. John Ru- Be it enacted by the Senate and House of Representatives thorized to °f the State of Georgia, in General Assembly met, and it is ferry across hereby enacted by the authority of the same, That from and Flint river, immediately after the.passage of this act, that John Rushin tend.8 °wn be, and he is hereby authorized and empowered to erect a ferry across Flint river, on his own land, below Barnett's Todemimd reserve, and that he be entitled to receive the same rates «eivetoil, of ferriage as are authorized by law at other ferries upon Proviso, said river ; Provided, he shall at all times keep in good re- pair a ferry-flat sufficient to convey with safety across said river a loaded wagon and team. IRBY HUDSON, Speaker pf the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1827. JOHN FORSYTH, Governor. tNo. 1213.j AN ACT to establish and make permanent a Ferry across the Chattahoochee River, in the County of Gwin- nett, at a place known by the name of Gates's Ferry, on his own land, and to vest the right thereof in Charles Gates and his heirs, and to fix the rates of said Ferry. Charles Be it enacted by the Senate and House of Representatives ferryS s °f the State of Georgia, in General Assembly met, and. it is chattahoo- hereby enacted by the authority of the same, That from and ehee river immediately after the passage of this act, that Charles Gates wanent61" be, ant^ be *s hereby authorized and empowered to erect a ferry across the Chattahoochee river, on his own land, and that he be entitled to demand and receive the following Rai«sof rates of toll or ferriage, to wit: for a loaded wagon and Ul11' [horses] fifty cents; for a four-wheel carriage and two horses, thirty-seven and a half cents ; for a gig and horse, twenty-five cents ; for a horse and cart, twenty-five cents ; for a man and horse, twelve and a half cents ; for an ox- cart and oxen, twenty-five cents ; for each foot passenger, six and a quarter cents ; for each head of neat cattle, two cents ; for hogs, sheep, or goats, one; for a led horse, six and a quarter cents. Hpidre- § 2. And be it further enacted by the authority aforesaid, ferany'0 That the said Charles Gates shall be held responsible for all losses, &c. ]osseg or damages which may be sustained in consequence of negligence or other improper conduct of said ferry. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to. December 99d. 1R97 ~TH, Governor. D d d 2 AN ACT to amend the Road Laws of this State so far [No. 1214. j as relates to the County of Camden. Be it enacted by the Senate and House of Representatives certain of the State of Georgia, in General Assembly met, and it is j^mpied hereby enacted1 by the authority of the same, That all the from the inhabitants of Little Saint Ilia neck, in said county, living Sncco?" east of the Cross Swamp, and also all the inhabitants of said county living east of the post-road and north of the road road for leading into said neck, together with the family of Mrs. &ceeyearSl Brasil, be exempted from the performance of road duty on the post-road for the term of three years, for the purpose of putting the roads in said neck in proper repairs. § 2. And be it further enacted, That the following per- commis- sons be hereby empowered to act as commissioners of the the^ffer- different neck roads, to wit, Alexander Atkinson, David enmeck Brown, William A. Berrie, Thomas E. Hardee, Elijah potmed/ Tucker, and David Hall, jun.; that the said commissioners, or a majority of them, be vested with full power and au- ere. thority of summoning and calling out the hands herein ex- empted from road duty on the post-road, and of compelling them to perform their road duty on such roads in said St. Ilia neck ^s they shall direct, and of assessing and levying the legal fines on such persons as shall make default. § 3. And be it further enacted, That nothing herein con- Nothing in tained shall prevent the justices of the Inferior Court of said w county from calling out said hands herein exempted totheinfe- work on the post-road, in case^any extraordinary occurrence fromcaii-1 should render the labour of said hands on the post-road ne- in?™1 J r said hands Cessary. on extraor- § 4. And be it further enacted, That an act, passed 24th casfens!*" December, 1825, to amend the road laws of this State so The road ^ far as regards the county of Camden, be so far amended as amended/ to allow the inhabitants of Cumberland island, in said county, E?.far as 10 r * 1 n _ _ J 7 allow the to commute tor the performance of their road duty on the inhabitants post-roads of said county, by paying one dollar and a half ]°af^u^iand per year for each person liable to perform road duty living on said island, instead of three dollars per year. the per- IRBY HUDSON, 7 , of road Speaker of the House of Representatives. thuy,&c. THOMAS STOCKS, President of the Senate. Assented to, December 4th, 1827. JOHN FORSYTH, Governor. AN ACT to authorize and empower James Turrentine, [No. 1213.] of Pike County, to establish a Ferry across Flint River, Be it enacted by the Senate and House of Represent- James atives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Thatthori&ed t0 from and immediately after the passage of this act, James fmyacrws Turrentine, of the county of Pike, be, and he is hereby fully ,tieFlint authorized and empowered to establish a ferry across Flint river, on his own land. § 2. And be it further enacted by the authority aforesaid, Authorized That the said James Turrentine, his heirs, or assigns be ta°m|drTand fully authorized and empowered to demand and receive the ceivetoH. same rates of ferriage which has been allowed to other owners of ferries on said river ; any law to the contrary not- withstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1827. JOHN FORSYTH, Governor. AN ACT to alter and amend the Road Laws so far as [No. 1210:] respects the county of Rabun. Be it enacted by the Senate and House of Representatives Declared of the State of Georgia, in General Assembly met, and it is for any one hereby enacted by the authority of the same, That from and to alter the after the passage of this act, it shall be unlawful for any sukTroad, and the 396 ' ' ROADS, BRIDGES, AND FERRIES. inRabun, person or persons whatever, to alter, turn, change, or re- following rates of toll from travellers for crossing saidownerau tile direct move any part of the public road running through the bridge, viz. for each foUr-wheel carriage or wagon, forty- thorized a majorUyaof county of Rabun' ca,lled and known by the name of the three and three-fourth cents ; for each two-wheel carriage Sa"dive the whole Locust Stake road, upon which moneys have been appro- or cart, eighteen and three-fourth cents ; for each man andt°»- c2°on P"ated oat °f the public treasury of the State to construct horse, six and one-fourth cents ; for each 'single horse, six ,0u.eBof the person- and improve the sapie, unless said alteration be directed by and one-fourth cents for each head of neat cattle, two nid courtfa majority of the whole number of the Inferior Cburt upon cents ; for each head of hogs, sheep, or goats, one cent. their own personal views. - •. - § 2. And be it further enacted, That the said Howell Authorized Any person § 2. And be it further enacted, That it shall be lawful for McLemore be, and he is hereby authorized; and required to causeway, thisA'cfby any Pe*s°n to proceed forthwith without dny legal process raise a good and sufficient causeway across the swamp and any altera- for that purpose, to break down and remove any obstruction low grounds of said river, and keep the.same in good repair. Aa1"1"' road on tbe State road leading from Macon to Sa- . , THOMAS STOCKS, ]°eadingroa vannah, be, and the same is hereby permanently established! President of the Senate.- ■wTtoSa- in the hands of said Howell McLemore, his heirs, and as- Assented to, December 19th, 1827. vannah, sjgns; and he is hereby authorized to ask and receive the- . JOHN. FORSYTH, Governor.- ROADS, BRIDGES, AND, FERRIES*- 397 |No. 1220.] AN ACT to regulate the rates of Toll at the Ferries and up a bridge at that place; and no bridge or ferry across said ration to Bridges on Toweliga River, in Butts and Monroe river shall be erected, established, or allowed within three exclude Counties. m^s therefrom in a direct line, which may or could in any- Pr,bvi.lege of The rates Be it enacted by the Senate and House of Representatives wise interfere with the said bridge by diminishing the profit that'pL^. thet0ferries °fthe State of Georgia, in General Assembly met, That from or value thereof. Serno and bridges and after the passage of this act no person holding or claiming § &• And be it further enacted {to the end that the risk fridge or weiig! T°" a b«dge or ferry on the Toweliga river, in Butts or Monroe of lives and property may as far as possible be avoided), That ed.rya °W~ river" in counties, shall claim or ask for toll more than the following it shall be the duty of each and every of the justices of the ™r°de County, re- rates, viz.: for a road wagon locked, thirty-seven and a half Inferior Court of Bibb county, when requested in writing by taining fsStedd cents *> for a rofld Wagotl empty, twenty-five cents; for all the grand jury of said county, or by any twelve freeholders SdgVfs® other four-wheel carriages and wagons, twenty-five cents ; of that county, suggesting that there is danger in crossing on unsafe.^ for gigs, carts, &c., each twelve and a half cents ; for man the said bridge, immediately to attend at the bridge in per- ticesofihe and horse, six and one-fourth cents; for led and drove son; and the said justices, or a majority of them, so con- horses and mules, two cents y for all other stock, per head,- vened, shall forthwith cause a survey thereof to be made; and a request one and a half cents. , should it on such survey be deemed unsafe, no person except f"„mrltheg Violations § 2. And be it further enacted, That any person violating foot-passengers shall be allowed to cross thereon after such Jur^fgaid shaUcreate provisions °f this act shall forfeit and pay for each of- decision shall be notified to the aforesaid corporation, until county, to aforfeiture® fence the sum of five dollars, to be collected in any court of the same shall have been repaired and on like survey reported ™7exa- stance^of" justice having competent jurisdiction ; which sum or sums as safe, on pain of thirty dollars for each offence, to be for- mine the $5, &c. 0f money so collected shall be paid over by the court so foited to the State by the said corporation ; and it shall be nmke re- collecting the same to the clerk of the Inferior Court of their the duty of said justices of the Inferior Court to appoint some respective counties, for county purposes; any law, usage, or person, who shall sue for and may recover the same for the use custom to the contrary notwithstanding. of the State before any court having jurisdiction of the cause. IRBY HUDSON, § 6. And be it further enacted, That during the time ne- while the Speaker of the House of Representatives, cessary for rebuilding or repairing the bridge (which time be unde"ay THOJVI AS STOCKS, it shall be the duty of the justices of the Inferior Court of the President of the Senate. said county in all cases to fix and specify) the said corpora- repairs a Assented to, December 18th, 1827. - tion and their Successors in office shall keep a ferry, having {^t?&c.be JOHN FORSYTH, Governor, a sufficient rope, safe flat, and convenient landings, on Sixth- street and on the opposite common, at the present rate of [No. 1221.] AN ACT for the sale of the Bridge across the Ocmulgee bridge toll; but if the bridge shall not be rebuilt or repaired And in^ River at Macon, and to repeal an Act passed at the within the specified time (which shall in no case be en- bridge shall last Session,.so far as relates to that subject. larSed) the corporation shall thenceforth receive but half •T, • , j 7 » o . t rr ^ r> x toll; and if more or higher toll shall be received at such pairedin ,• In % T7 °f *ePrestenta- bridge or ferry than alliwed by law, the corporation shall SSSU" twesofthe State of Georgia m General Assembly met and f ^ to th(J |,afc) for e ^ offence the >sum of ^ rsfh. * t hereby enacted, by the authority of the same, hat it shall- d ,, tQ be recovered in ]he r escribed iri the m'h [«'»?»» public re- be the duty of the commissioners, or a majority of them, gection'of thig act r forward re- 5S a°d her.e'of°re aPP°'nt^ to survey and sell the public reserves § ^ ^ ^ mactiTha( ffie ^ c0 oration SSS f"d b»dSe acroas ^ Ocmulgee river at Macon to proceed £ „ h J b h haser of said bJ shalj. t0 71and er theffi':orP°ra,tl°n i>f the tOW; °/,Mar not be permitted to collect toll for any wagon or other car- 2^" «, ?"d !r eyeneseors in office said bridge, immediately after rf wiU) cot(on er unjer t^e penalty hereto- ESSi the corpo- . and its successors in- office may demand and collect such other car- ST/of "seiaT one of Ihe.butmen s (betng the same lately surveyed ag are a]]owed; h T>m tQ tbis 8(]bj ed 3 for that purpose), and the likeuseof as much of Fifth-street ^ „d d of ■ December%ighteen hundred and wiiSm- brldwea d as necessary for the other butment of the bridge, for twenty seven or corn. SL the SUm of twenty-five thousand dollars ; Provided, said cor- $ J ^ ^ enacted< Tbat a„ acf assented to T of « poration shall pay to the sa.d commtss.oners one-tenth part ol)-he tWenl d 0f December,-eighteen hundred and SeSV 825,000. of the above-named sum m cash, or m current bills of char- . i ti, ui: faraah • as re- PS: r 7,aiTT T U 111 , '' u v , rruju J : T twenty-seven, directing the survey and sale of the public re- ft' t th tered banks of this State and execute a bond payable to the sery andneal. Ma »on and the brid across ^ 0cmul. ■«»» «• Governor for the use of the State, conditioned for the pay- rjver at (hat , ig hereby repealed, so far as respects ment of the residue of the purchase in like moneyr in nine ^ sa]e q( said b*id IRBY HUDSON, equal annual instalments. .. Speaker of the House of Representatives. The Com- §2. And be it further enacted, That the commissioners- THOMAS STOCKS StsSersa issue to the corporation a certificate stating the termsof pur- President of the Senate STE?" chase' whif aer'ificate aha'l not bP' transferable f on- the Assented t0>.December 20th, 1828. 'A . „ Payment of wJh,ch P»rel»s-nw»7 "Bra"* »f the bridge, its- J0HN FORSYTH, Governor.- not be privileges, and appurtenances shall issue to the aforesaid Sn?iby: corporation, on the payment of four dollars and fifty cents- AN ACx to repeal the eighth section of an Act, passed the ["»■ »*)• Si for office fees r- but no grant thereof shall be issued until all . ,, , Jj)ecemh± eisrhteen iJnired and eighteen whole pur- the instalments shall have been paid. • nm™ 7/ r * f % ' ^7 Hundred ana eignteen, SH And for the better securing the-payment of said purchase- entitled An Act to alter and amend the BoadLaws of issue. monev Stateyso jar as the same relates to the County oj siaimerits" § 3. Be it enacfedi, That if saicf corporation or their sue- Gwinnett; and to point out and define the duties of all punctually, cessors in office shall fail to pay any one of the instalments^ Overseers-of Roads in said County, so far as relates not paid wjthin sixty days of the time prescribed by this act, the said' to the width of Roads and Causeways to be cleared out tTd&ysSlf- bridge shall' revert to- the- State, and the corporation be di- by them in said County. sameTaiis vested of all right, claim, or title to said bridge and theamount Be it enacted by the- Senate'and House of Representatives Ihe eigHtii due, the ' paid to the State for the same.- of the State of Georgia, in General Assembly met, and it ^"recited revm to* § And beitfurther enacted, That the sard corporation1 is hereby enacted by the authority of the same; That from ^repeai-- Tbe^cwoo' npr,npt«al. nnri. mviir.ilege of keepingr and- after the passage of this-act, the said- eighth-section of reiates to^ 398 ROADS, BRIDGES; AND FERRIES. , / ' the County the abov§-reci'ted act shall be, and the same is hereby re- herein required, and they shall be liable to all the penalties in thu a# neu.wm" pealed, so far as the same relates to the county of Gwin- for a failure to comply with the provisions of this act, or to nett. , , keep said roads in good order. , °tub«r au roads § 2. And be it further enacted, That all overseers of § 5. And be it further enacted, That all laws or parts of BepiiiSj County to roa^s *n ant* ^or county of Gwinnett shall cause their laws contradicting this act be, and the same are, hereby be cleared respective roads to be cleared out at least twentyfeet wide, repealed. ' r£t,™Ty and all causeways at least twelve feet wide. , ' . . , IRBY HUDSON,' aii^cause- § 3. And be k further enacted, That all laws or parts of Speaker of the House of Representatives, twelve laws militating against this act be, and the same is hereby •- • THOMAS STOCKS, Repealing repealed. , IRBY HUDSON, ' - ' ' President of the Senate. Speaker of the House of Representatives. Assented to, December 19th, 1828. y , ( THOMAS STOCKS, r JOHN FORSYTH, Governor. President of the Senate. - —— 1 , ' Assented to, December 20th, 1828. . AN ACT to repeal thethirdand fourth sections of an [No. 1225.J JOHN FQRSYTH, Governor. Act, entitled An Act to alter and amend the-Road - ~~ 7 Laws so far as respects the County of Rabun, passed [No. 1223.] AN ACT to repeal an Act, entitled An Act to repeal cer- • the twenty-second day of December> eighteen hundred tain Road Laws now in force in this State so far as ayd twenty-seven. - ' respects the County of Effijigham, pctssed the 24th day Re it enacted by the Senate and House of Representa- The third of December, 1827. ' , r tives of the State of Georgia, in General Assembly pnet^and^^^ The recited Be it enacted by the Senate and House of Representatives it is hereby enacted by tlte authority of the sqmie, That from lhe A.ct re- Act repeal- 0j> fa State of Georgia, in General Assembly met, and by and after the passage of this act the third and fourth sections captions the authority of the same it is hereby enacted, That frorrv of an act entitled An Act to alter and amend the road laws, and immediately after the-passing of this act the before-re- so far as respects the county of Rabun, passed the twenty- ■cited act be, and the same is hereby repealed. second day bf December, eighteen hundred and twenty-' IRBY HUDSON, seven, be, and the same is hereby repealed. 1 Speaker of the House of Representatives. , < . > IRBY HUDSON, . ' THOMAS STOCRS, Speaker of the House of Representatives. President of the Senate. THOMAS STOCKS, Assented to, December 16th, 1828. , s , - ' President of the Senate.. JOHN FORSYTH, Governor. Assented to, December 8tb, 1828. ; : y< ' JOHN FORSYTH, Governor. INo. 1224.] AN ACT to alter, in part, an Act, entitled An Act rto , —; • ' alter and amend an Act regulating Roads in this AN ACT to alter and amend the Road Laws of this lNo-mj " State, so far as respects the operation of'said Act in State so far as respects the County of Chatham. the Counties of Bryan, Liberty, Mcintosh, Glynn, . Whereas, great • inconvenience and delay-to the public preamble. ' Camden, and Wayne, so far as respects the County of arise from the neglect or refusal of persons'liable to work on Camden f passed in eighteen hundred;and nine. ' said public roads, and the owners of slaves, to clear,out and Commis- Be it enacted by the Senate and House of Representor remove obstructions in the public roads caused by storms, p^bu™°f tives °f the State of Georgia, in General Assembly met, and it hur ricanes , and other calamities, without receiving legal roada for is hereby enacted by the authority of the same, That Alex- notice of ten days ;, districTap- ander Holzendorf, Benjamin Hopkins, and Henry JOnes'be1, Be it therefore enacted by the Senate and House of Re- TheCom- pointed, and they are hereby appointed commissioners for that part presentatives pf the State -of Georgia, in General Assembly ofroadTii quired to of the public roads in the county of Camden denominated fund M is hereby enacted by the authority of the same, 5!ePhandaU fourth district pf public roads in said county, and they, That from and after the passing, of this act, }t shall and may emergency liable to the said commissioners, are hereby empowered and required be lawful , for the commissioners of roads 'of Chatham orraiuhe to employ all the hands liable or amenable to perform road county,in cases of emergency and general calamity, to call bridges &c ^uty *n ^le said fourth district, to work upon, clear, amend, re- Put a portion of, the hands liable to road duty of any par- wlTouta sliddu- pair, erect, and improve the; several roads and bridges, fords, ticular district or districts within their respective jurisdic- {£e™°a"nd°,f *rict' causeways, and water-passes within the said fourth district tfon, for any time not exceeding two days, on giving two Or division, and also upon the road leading from it and pass-) days' notice, of such call 4 Provided, the portion of hands so ofaanyV 7 ing the-Hermitage, Brailsford, Saddler's, and Holzendorf s called out ishall not exceed one-third of the number of hands ' plantations to . the main post-road, intersecting it near , liable to road duty in such district. Crooked rivef bridge and leading to St. Mary's, , ' § 2- And be it further enacted, Thai if any person or Any^r- The com- §2. And be it further enacted by the authority aforesaid, persons, after receiving the above required legal notice, requlred'to That it shall be the duty of said commissioners to superin- 'shall refuse or neglect to furnish. their portion of hands as superin- t,end the working upon said roads within their said districts aforesaid, shall be liable to the same fines and penalties pre- ActiiaM^ waking of or divisions ; and they, the said commissioners, are hereby scribed by the road laws now in force in said county. ^ lofine' ■did roads, authorized and empowered to apportion the labour of their § 3. And be it further enacted by the authority aforesaid, Repeals C respective roads as the circumstances and situation of said That all laws militating against this act be, and the same arec au8e" roads in their judgment may require. hereby repealed. , TheCom- § 3. And be it further enacted by the authority aforesaid, • , . • IRBY HUDSON, v^ted'with That said commissioners shall have full power and authority Speaker of the House of Representatives, full power to compel the attendance of such persons as are liable to do THOMAS STOCKS, lhe°sdtend- road duty within their said districts, and do and exercise all . President of the Senate. ■uch°er- °foer acts and things, in relation to their duty, as are dele- Assented to, December 17th, 1828. »na aser«re gated, to road commissioners under the existing laws of ' JOHN FORSYTH, Governor, liable to this State ' ' ' ' &c. y' § 4. And be it further enacted, That said commissioners AN ACT to repeal an Act passed the nineteenth day of [No-1M71 nfaaionera and the hands embraced under this act shall be exempt from December, eighteen hundred and twenty-seven, entitled embraced8 performance of any other road duty than such as is An Act to amend the Rood Lows of this Stole *n ^nT ROADS.-.1828. 399 as it respects Burke and Laurens Counties, so far as respects the County of Laurens. The Act Be it enacted by the Senate and House of Representatives December,11 °f ^ie State of Georgia, in General Assembly met, and it is ame'ncUhe ^rebV enactcd by the authority of the same, That from and road laws, immediately after the passing of this act, the act passed by tJle last General Assembly of this State on the 19th day of December, eighteen hundred and twenty-seven, to amend the road laws of this State so far as respects the counties of Burke and Laurens, be, and the same is hereby repealed, so far as respects Laurens county. IRBY HUDSON, Speaker of the House of Representatives. TIIOMAS STOCKS, President of the Senate. Assented to, December 9th, 1828. JOHN FORSYTH, Governor. INo. 1828.] AN ACT to provide for the improvement of the Roads and Rivers in this State. The Go- Be it enacted by the Senate and House of Representatives appoint10 of the State of Georgia, in General Assembly 'met, and it is imendents" enacted by the authority of the same, That so soon for the im- after the passage of this act as circumstances may require,, oftfrapub- it shall be duly of his excellency the Governor to ap- and'rfvers P°*nt two anc^ pr0Per persons to superintend the improve- ofthisVerS ment of the public roads and the rivers of this State, who State- shall be removable from office at the pleasure of the Go- vernor, who, in case of such removal, may appoint others in their stead. $50,000 ap- § 2. And be it further enacted by the authority aforesaid, preprinted, the sum of fifty thousand dollars, including the twenty thousand dollars heretofore appropriated for the improve- ment of the Savannah river above Augusta, be, and the same is hereby appropriated, out of any funds in the trea- sury not otherwise pledged, to and for the purchase of such Abie bodied a number of able-bodied negroes within the State of Georgia, be pur-S t0 and who have been in Georgia t.welve months, as will, in theimmber addition to the number now owned by the State, amount to ofm the number of one hundred and ninety, imendeiu"" § 3- And be it further enacted by the authority aforesaid,- ehar^of ^at as soon as the sa"l two superintendents shall be ap- tiie'hands pointed, they shall be respectively assigned by his excellency a°tAugust^ Governor to1 take charge of the public hands to be savannah,' placed at Augusta, Savannah, and Milledgeville ; and one tedgeviiie, to take charge of the public hands to be placed at Macon mheirefthe an<* Golumbus, and on the waters of Flint river, as herein- bands at after provided; and such superintendents shall place, the iumbus,00" public hands so placed under their charge respectively on and on the such public roads and rivers as are hereinafter provided for Flint river, and designated - and the said superintendents are hereby authorized and directed to take charge of the said public hands so committed to them, and place the same to work accordingly within their respective districts. The pubiie § 4. And be it further enacted by the authority aforesaid, working0^ That as soon as the said superintendents are appointed, that to beta" excehency Governor be, and he is hereby authorized therefrom11 to place the public hands now working on the river Chat- auhecltfes tahoochee, or which are in that neighbourhood, at Colurh- *nd places bus, provided the number so placed there does not exceed Sjff. twenty-five ; and to place- the public hands now or lately with those working on the Ocmulgee, at Macon, provided the number ehased,ur~ so placed there does not exceed twenty-five, including those number au lately working on the Ocmulgee and now hired out; and to Wed to place the hands now working on the Oconee, at Milledge- each' ville, provided the number so placed there does not exceed fifteen ; and the residue of the said public hands, including those now working on the Altamaha river or its branches, below or near Darien, at Augusta, provided the same does not exceed seventy-five ; and that the remainder, if any, together with others to be purchased under and by virtue of this act to make up the number of twenty-five, be placed at Savannah; and twenty-five at Flint river ; and after the said twenty-five be so placed at Savannah, then the hands remaining to be purchased in pursuance of this act shall as soon after the purchase as practicable, be placed at Augusta, Milledgeville, Macon, and Columbus, as may be most convenient; until the whole number placed at Au- gusta shall amount to seventy-five, the whole number placed at Milledgeville to fifteen, the whole number placed at Ma- con to twenty-five, the whole number placed at Columbus to twenty-five, and the whole number placed at Flint river to twenty-five. § 5. And be it further enacted by the authority aforesaid, The hands That the public hands lately working on the Ocmulgee, and muigee06 now hired out, shall, immediately after the expiration of the term for which they are now hired out, be placed at Macon, berpia°edW in addition to the public hands previously placed there by atMaeon- virtue of this act, provided the same do not exceed twenty- five in number, in which case only that number shall be placed there. § 6. And be it further enacted, That if after the pur- The unex- chase of the negroes provided for by this bill any balance iPanceCofba" of the money hereby appropriated shall remain unexpended, mr°n®^ that then the same shall be invested in the purchase of ne- how to groes, to be added to those hereinbefore directed to be placed posedof: at Milledgeville. § 7. And be it further enacted, That James Everett, of Commis- Crawford county, John Young, of Houston county, Thomas printed to* Ei Ward, of Dooly county, Robert Green, of Marion, Ben- jamin O. Keaton, of Lee county, Isaac Welch, of Baker improve- county, Bennett Crawford, of Decatur county, Richard FiinJrfver, Mitchell, of Thomas county, Matthew Albritton, of Lowndes ^the^ county (a majority of whom may act), be, and they are thatportion hereby appointed a board of commissioners to superintend g[^e the improvement of Flint river, and the roads in that por- tion of this State through which said river flows south of the Fedqral road leading from Macon to Columbus, who shall be vested with the same and equal powers granted Their pow- to the commissioners and city councils, by this act, of the er8, incorporated towns of this State, having the supervisorship of the hands appropriated for the improvement of the rivers and roads of this State. § 8. And be it further enacted by the authority aforesaid, seven That there shall be seven overseers appointed in manner be following : that is to say, two by the city council of Augusta, P™ltbed» one by the city council of Savannah, and one by the com- whonf ap- missioners of each of the towns of Milledgeville, Macon, P°mted- and Columbus, and by the commissioners of Flint river, re- spectively. And the said city councils and boards of com- missioners' respectively, are hereby authorized to make such appointments, and with the concurrence of the superintend- ent of the division to remove them from office and appoint others in their stead. § 9. And be it further enacted by the authority aforesaid, The super- That it shall be the duty of the said superintendents, respec- S^rowde tivelv, to superintend and control the Dublic hands placed ft"".11*5 .... i p • i • . /. mainte- under their charge respectively as aforesaid, to provide for nance, &c. their clothing, maintenance, and support, and to purchase ^ands, to such implements and tools, horses, carts, camp-equipage and P^36® other necessaries for their use as they may need, in addition ments, to such as the State now owns. &c* § 10. And be it further enacted by the authority aforesaid, To place That it shall be the duty,of said superintendents, respectively, at each to place the hands assigned to their charge as aforesaid at °„nder each city or town as aforesaid, under the direction of the the direc- overseers respectively appointed by the authorities as afore- overseers10 said, and to proceed with all possible despatch to work on respective- and improve such roads and rivers as may be designated to y" them, in the manner and by the authority hereinafter pro- vided. •109 ROADS.—1829. Salary of § 11. And be it further enaetedhy ihe authority aforesaid, provements made on the roads and rivers, the condition and infendents That the said superintendents shall each receive the sum of number of the hands, and generally of every other matter ^ers°V8r* e*?ht il.undre(1 dollars per annum for his services; and the and thing connected with his duties as superintendent as . ' said overseers each three hundred dollars per annum for aforesaid. ' t # Jhis services per year, -to be paid quarterly ; Provided, that § 16. Andbeit further enacted by the authority aforesaid, $15,000 >said salaries shall not be deemed to commence until they That for the purpose of carrying into effect the provisions shall have respectively actually commenced to discharge . and objects of this act, that the further sum of fifteen thousand gentjund •their respective duties : and that in addition to the salaries dollars be, and is hereby set apart and appropriated out of so allowed, the'said bverseers shall be" furnished with pro- any funds in the treasury not otherwise appropriated, which visions by the superintendent at the public expense. sum is hereby added tp.the contingent fund; and his ex- fCrity Coun- § 12. And be it furtherenacted by the authority aforesaid, cellency the Governor is hereby authorized to draw his war- commfs- That the city councils of Augusta and Savannah respec- rants in favour of the said superintendents respectively, upon have** w an<^ commissioners of the towns of Milledgeville, such contingent fpnd, for such amount as may be necessary JMacon, and Columbus, and the commissioners of Flint from time to time for carrying on the improvements1 afore- have pow- er to de- where6 ;"v.er'» respectively, shall.be, and they are hereby authorized said, purchasing tools and other necessaries for the negroes, the hands to select, designate, and direct from time to time, as occasion and for paying the salaries of the superintendents and over- shaUw0^'may require, the road or roads, river or rivers, or parts of seers as hereinbefore provided. , rivers on which the public hands placed at their respective § 17. And be itfurther enacted by the authority aforesaid, The super- Proviso, cities or towns, or places as aforesaid, shall work ; Provided, That before entering upon the discharge of their respective |o givt"" that nothing herein contained shall be so construed as to ' duties, the said superintendents shall each enter into bond bo"dand authorize them, at any time, to employ the said negroes to and good security to his excellency the Governor and, his theGo- work within the corporation limits, or tp authorize the said successors in office, in the shin of five thousand dollars, Tor 7he6umof city councils or commissioners, or any of them, or the said the faithful performance, of his trust and the proper and jftooo, • superintendents, to direct or require the said negroes to work faithful disbursement of all money which may come into his"" on the rivers more than once a year,'nor for a longer period hands as superintendent as^ aforesaid ; and that they shall than four months in any one year, at the discretion of said respectively take an oath before his excellency the Governor, - authorities; and it shall be the duty of the said superintend- that they will respectively truly d6 and perform all the cnts respectively, at all times, to employ the said hands duties required of them as superintendents as aforesaid. • -respectively on such roads or rivers, or parts of river^, as §16. And be it further enacted by the authority aforesaid, TheGo-1 may be so selected and. designated by the said authorities That, his excellency the Goyernor- be, and he is hereby au- respectively, conformably to the true intent and meaning of thorized and required forthwith to employ Such number of competent this act. ^ •, '" ■ i ■ ' fit and competent agents as to him may'seem necessary, pX* (Superin- § 13. And be it further enacted by the authority aforesaid, whose duty it shall be to purchase, for. the use of the State, [f0en^ddi' may^iter That the said superintendents, in the respective divisions the additional number of abledbodied negroes directed and numbertf iheraad, assigned to them, shall have power to alter and .fix the intended ta be purchased by virtue of this act and who shallne8r0€i riaajTalT direction of said roads which may be so designated to them, be allowed for their trouble such compensation as may to1 route5 lhe not materially affecting the route of said roads, if in the his excellency the Govempr seem just, and reasonable; and opinion of such superintendent such alteration' would con- father, that whenever any such agent may purchase any Thedutyof duce to the improvement or shortening of the same ; Pro- such negro or negroes for the use tof thevState, according froviso. tided, that if any person or persons through whose enclosed to the provisions of this act, it shall be hisduty carefully to thetitie.. premises such alteration of said road may run shall think examine the title, and to take a bill of sale for the negro or themselves, ot him Or herself, aggrieved or injured thereby, negroes so purchased by him to the Governor of the State he, she, or they shall be entitled to the same remedy as is of Georgia for the time being, and his successors in office, pointed out by the road laws'of this State now in force.; for the use of said State, and to Cause the same to be duly Penalty wn § 14; And be itfurther enacted bythe authority aforesaid,, .executed, authenticated, and proved according to law, seeding^ That if any person or persons whatsoever shall wilfully and and transmit the same; to his excellency the Governor, to be son^forat" intentionally impede or attempt to impedeHhe said superin- filed and recorded in the office of secretary of state; and tempting to tehdents, or either of them, or the said overseers, or either of his excellency the Governor is hereby authorized to accept superin-.1116 them* or the said public hands in working on the road or the draft or. drafts of the said agent for the amount of the ' tendems,^ roads which may be selected and designated for them to purchase-money of the said negro or negroes, and to draw obstructing work upon as aforesaid, he, she, or they so offending shall warrants for the same on the treasurer, to be paid out of the fng'any8' be .liable to indictment beford the Superior Court held in money appropriated for that purpose.by the second'section public the county yvhere the offence was committed, and shall on of this act. f(iad' conviction thereof be fined jn a sum not exceeding onq §19. And be it further enacted by the authority aforesaid, hundred and fifty dollars ; and further, if any person or per- That the superintendents shall not be permitted to furnish in {U purchase sons shall knowingly, wilfully, and- intentionally stop up, ob- their own proper persons, or by any agent they may appoint, struct, or turn or change any public road, or the direction any article or articles for the support or maintenance or cies,&c « thereof, which shall have been laid out or made or worked' clothing of the said handsi or any implements, tools, orJJjX**1 upon or improved under and by virtue of this act, such per- camp equipage, which maybe required for their use or thepriM< son or persons so offending shall be liable to indictment in progress of the improvement of the said roads or rivers, but • the Superior Court held in such county, and op conviction shall procure all and tevery article which may be required thereof shall be fined in a sum not exceeding two hundred as above at the lowest market price. . * dollars. § 20. And be it-further enacted by the authority afore• ™®0Aacf! Superin- § 15. And be it further enacted by the authority aforesaid, said, That nothing contained "in this act shall be so con-fectthe d1?mn^d° That it shall be the duty of said superintendents constantly strued as in any manner to affect the operation of the road trover* *° a^en<^ t0r an^' direjct the said overseers and hands, and laws now in force in this State,-save and except in so far as seers and to make quarterly returns to his excellency the Governor the same may interfere with the free exercise of the powers1" 0 of the amount and manner of bis disbursement of the moneys hereby vested in, and the full and faithful discharge of the lujrnsto'the cornn"tted to his charge, together with such vouchers for duties hereby required to be performed by the said super- Governor, same as may be satisfactory to the Governor, the im- intendents and .overseers, as hereinbefore provided. ROADS.—is-m 401 ■Repealing § 21. And he it further enacted hy the authority afore- viause. sai^ Yhat all laws and parts of laws militating against this act be, and the same are hereby repealed. • WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 18th, 1829. • GEORGE R. GILMER, Governor. i no. 1229.] AN ACT to alter the eighth section of an Act, entitled Jin Act to alter and amend the Road Laws in this Slate so far as respects the County of Irwin. Preamble. Whereas, by the eighth section of the above-recited act, the overseers of the public roads are required to cause their respective roads to be cleared out at least thirty feet wide, and all causeways at least sixteen feet wide ; and whereas, no necessity exists in the county of Irwin for this requisition ; Be it enacted hy the Senate and House of Representa- mads m tives of the State of Georgia, in General Assembly met, and County to ^ ™ hereby enacted by the authority of the same, That from cause the ancf after the passing of this act, it shall be lawful for all deared°2oe overseers of public roads in the county .of Irwin to cause the'eaufe *keir resPective roads to be cleared out not less than twenty ways 12 feet wide, and causeways not less than twelve feet wide ; feet wide. any ]aw t0 contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. tNo. 1230.] AN ACT to alter the time of the Annual Meeting of the Board of Commissioners of Public Roads far the County of Chatham; and for other purposes. Commis- Be it-enacted by the Senate and House of Representatives meeton the of the State of Georgia, in General Assembly met, and it is ■day'ii^De- hereby enacted by the authority of the same, That from and cemher in after the passing of this act, that it may be lawful for the each year, commissioners of the public roads of the county of Chatham to meet and convene, as a board of commissioners, on the first Monday in December, in each year. The board § 2. And be it further enacted, That it shall and may be returns v lawful for the commissioners aforesaid to receive returns district16 ^rom commissi°ners of the several districts of the county, commis- after the work has been done, and to impose and declare to°„^saend such fines and forfeitures for neglect or omission of duty fines for in relation to said r.oads, by any commissioners of any of of duty. said districts, as may to the said board seem reasonable and just. aji powers, §3. And be it further enacted, That all authority and fore'gram- power heretofore granted by the several acts of the Gene- «d confirm- ral Assembly of this State to the said board of commis-- ed to the . i , . r i board. sioners are hereby confirmed. Repealing § 4. And be it further enacted, That; all acts or parts clause, thereof militating against this act be, and the same are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 21st, 1829. GEORGE R. GILMER, Governor. [No. i23i.] an ACT to alter in part and amend the Rdad Laws of this State, so far as respects the County of Camden. Commis- Be it enacted by the Senate and House of Representa- S10S Trtives °f tJie ^taie °f Georgia,in General Assembly met, and the4th dis- it is hereby enacted by the authority of the same, That tria of E e e Alexander Holzendorf, Richard Floyd, and Henry Jones public be, and are hereby appointed commissioners for that part of [^county the public roads in the county of Camden denominated the ofCamdc*. fourth district of public roads in said county ; and they, the said commissioners, are hereby empowered and required to The hands employ all the hands liable or amenable to perform Toad {herein duty in that part of the fourth district lying southward ofandtlie , • jo _ roads upon the road leading from the main post-road and passing which they Grant's, Pratt's, and Woodville plantations, and including a™k° on the northward and on the eastward side of said road the hands on Woodville, Bellevue, and Fairfield plantations only, to work upon, clear, amend, repair, erect, and im- prove the several roads and bridges, fords, causeways, and water-passes within said fourth district; and also upon the road leading from it, and passing the Hermitage, Brails- ford's and Holzendorf's plantations, to the main post-road intersecting it near Crooked river bridge. § 2. And be it further enacted, That said commissioners Commis- shall, have full power and authority to compel the attend- ha"|r[he ance of such persons as are liable to do road duty within said limits, and to do and exercise all other acts and things in re- gated to lation to their duty as are delegated to road commissioners mfSsi0n°™' under the existing laws of this State. § 3. And be it further enacted, That said commissioners said hands and the hands in that part of the fourth district embraced in fur- this act shall be exempt from the performance of any other ther road road duty, except when violent hurricanes materially injure cepf;" ■and render impassable the main post-road between Crooked vfofentf river bridge and Brown's ferry ; and in such cases only shall hurricanes, they be called out to work on said part of the main post- road, and for a term not exceeding two days; and they shall be liable to all the penalties for a failure to comply with the provisions of this act, or to keep said roads within the fourth district in good order. § 4. And bp it further enacted, That all the hands on the certain Little Satilla neck east of the Cross swamp in said county emplfrom liable or amenable to perform road duty, and also all the ™atdheduty hands in said county east of the main post-road and north main post- of the road leading to said neck, together with the hands ™adkaad 10 belonging to the estate of Robert Brazell, be, and they are Q^^te hereby exempt from t foe performance of road duty on the satina" main post-road ; and it shall be the duty of said hands to Neck road* work upon and keep in good order the White Oak and Sa- till a neck roads. § 5. And be it further enacted, That the hands liable to The hands do road duty belonging to Thomas Miller, Thomas Tucker, persons'to Thomas E. Hardee, and Joseph Hull shall, and they are ^°rgk hereby made liable to work on that part of said Little Sa- sideof Lit- tilla neck road leading from the Cross swamp down the ^eecklilla south side of said Little Satilla neck. § 6. And be it further enacted, That Alexander Atkin- Commis- son, David Brown, and William A. Berne be, and they are p^S a£ hereby appointed commissioners of that part of Little Sa- the north tilla neck .road leading down the north side of said Little sfoeofLit- Satilla neck ; and that Thomas E. Hardee, Thomas Tucker, and Elijah Tucker be, and they are hereby appointed com- lnissioners on that part of said road leading down the south side of said Little Satilla neck; and that said commission- ers, or a majority of them, are hereby vested with full power and authority to summon and call out the hands herein exempt from road duty on main post-road, and to compel them to perform not less than six nor more than twelve days' tour of duty in any one year on said Little Satilla neck roads. § 7. And be it further enacted, That said commissioners Their pow- shall have full power and authority to compel the attend- ers- ance of such persons as are liable to do road duty on said Little Satilla neck, and to do and exercise all other acts and things in relation to their duty as are delegated to road commissioners under the existing laws of this State. § 8. And be it further enacted, That said commissioners The jh amis of each road on said Little Satilla neck shall summon all S^woik 403 , SHERIFFS—1820. first the the hands liable .to perform duty within said limits, to meet of the said commissioners of any district, or a majority of missionen .swamp, at the place called and known by the name of " The Cross them, at an adjourned meeting, shall be as valid as if done Swamp," at the .upper end of said neckband work first on the day appointed by law for the meeting of said com- well all of said hands on the road leading through said missioners ; any law, custom, or usage to the contrary not- Cross swamp, until the same be made complete. withstanding. WARREN JOURDAN, Repealing ' § 9. And be it further enacted, That all laws .and parts Speaker of the House of Representatives, clause. 0f jaws contradicting this act be, and they are hereby re- » THOMAS STOCKS, pealed. WARREN JOURDAN, President of the Senate. Speaker of the House of Representatives. Assented to, December J 8th, 1829.' • THOMAS STOCKS, , GEORGE R. GILMER, Governor. President of the Senate. r * Assented to, December 22d, 1829., AN ACT to,alter and amend the Road Laws of this [No. mi} GEORGE R. GILMER, Governor. State so far as they relate to the County of GlynA, and — , to repeal the second section of an Act passed the %4th [No. 1232.] AN ACT to alter and change the Road Laws of this State December, eighteen hundred and twenty-seven. so far as regards the County of Jefferson. Be it enacted by the Senate and House of Representatives The male The Act to Be it enacted by the Senate and House of Represent- 0f the State of Georgia, in General Assembly met, and it is ^ road"laws6 a^ves °f the &tate °f Georgia, in General Assembly met, hereby enacted by the authority of the same, That from and duty in of this and it is hereby enacted by the^ authority of the same, immediately after the passage of this act, it shall not be county not fif asre- TIiat from and after tIie Passage of this act, the' act entitled lawful for the commissioners of the roads in the county of Jef" An Act to alter and amend the road laws of this State, Glynn to call out the male slaves liable to road duty oftener thanonai .County de- passed on the nineteenth day of December, eighteen hundred than once a year, nor for a longer period than six days,year' ftuiforce. and eighteen, is hereby declared to be in full force and unless the roads of said county become obstructed by hurri- effect so faf as regards the county of Jefferson ; and that cane, storm, or other casualty. , all laws and parts of laws militating against the same be, §2. And be it further enacted by the authority aforesaid, The ma* and they are hereby.repealed. That the male slaves who have heretofore been employed in $,7™$ * ' WARREN JOURDAN, opening a road from College Bridge the nearest and best[ro®&J Speaker of the House of Representatives, way to the Mineral Springs, in Wayne county, shall be re- uhLmhk! THOMAS STOCKS, moved from the same and appropriated to some work more President of the Senate, conducive to the public interest and convenience. ' moved. Assented to, December 22d, 1829. §3. And be it further enacted by the authority aforesaid, a certain' GEORGE R.1 GILMER, Governor. That so much of the road law now in force in the county of" * Glynn, as requires one-half of the male slaves liable to road uiynn [No. 1233.] AN, ACT to amend the Road Laws of this State so far duty in the twenty-fifth district to wprk on the roads of the pS! as they relate to the County of Burke. twenty-sixth district is hereby repealed; and that all the When the Be it enacted by the Senate and House of Representatives said male slaves -in the said twenty-fifth district shall be sionersof'-of the State of Georgia, in General Assembly met, and it is required to perform the duty on the public roads in said Burke feii enacted by the authority* of the same, That whenever district, and to the keeping .open the cuts from the island of to meet at it shall so happen that a majority of the commissioners of St. Simon's to the mainland, or both, as in the opinion of tinted/9" roads in any district in the county of Burke -shall,■•from -the commissioners shall seem most beneficial to the public one Com- any cause, fail to meet as directed by law on the last Satur- good. Say ad-r day in March, in any year, for the purpose of apportioning § 4. And be it further enacted by the authority aforesaid', Repealing; meeting6 hands to'the several ro^ids in such districts, and appointing That all laws and parts of laws militating against the san}eclauM' overseers and summoners, it shall be lawful for any one or be, and the same nre hereby repealed, more of such commissioners who may atlend at the place WARREJN JOURDAN, -of meeting to adjourn such meeting from time to time, * c Speaker of the House of Representatives, until the attendance of a majority can be procured, giving ' THOMAS STOCKS, notice of such adjournment to those commissioners who may . President of the Senate, be absent. x . * - Assented to, December 22d, 1829. The acts of § 2. And be it further enacted, That any actings or doings GEORGE R. GILMER, Governor. ' the Com- , ' [No. 1235.] AN ACT authorizing the Sheriff of Oglethorpe County ' to advertise his Sales in the Georgia Journal, or any other Paper but of the Northern Circuit. The Sheriff § 1 .Be it enacted by the Senate and House of Represent- thorpe6* a^ves °f the State of Georgia, in General Assembly met, and County au- it is hereby enacted by the authority of the same, That the advertise10 sheriff of Oglethorpe county be, and he is hereby authorized his sales in to advertise his sales in the Georgia Journal, or any other joumsd^ia paper out of the northern circuit; any law, usage, or custom to the contrary notwithstanding. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 2d, 1820. ' JOHN CLARK, Governor. 'S.—1820. AN ACT to amend the third ^ection of an Act, entitled [No-1235,1 An Act pointing out the duty of Sheriffs in selling lands under execution, passed the twenty-second day of December, eighteen hundred and eight. * Be it enacted by the Senate and House of Representatives so^ci^ of the State of Georgia, in General Assembly met, and it is °fi808a»; hereby enacted by the authority of the same, That from and after the passing of this act, so much of the above-re- advertise in cited act as requires the sheriffs of the different counties to advertise their sales in some public paper printed in their cuaj^ respective circuits, so far as respects the county of Walton, {o Walton be, and the same is hereby repealed. County. 1 § 2. And be it further enacted, That the sheriff of Walton Tjj.® j!he' county be, and he is hereby required to advertise his sales in waiton to SHERIFFS.—1822. 403 advertisein the Georgia Journal, printed at Milledgeville ; any law to tentiary, shall be entitled to receive pay for more than one at journal!813 contrary notwithstanding, ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 6th, 1822. JOHN CLARK, Governor. trip. Court, the ALLEN DANIEL, be paid for Speaker of the House of Representatives. oniytnp MATTHEW TALBOT, President of the Senate. Assented to, December 25th, 1822. JOHN CLARK, Governor. {No. 1236.] AN ACT to amend the third section of an Act, entitled An Act for pointing out the duty of Sheriffs in selling lands under execution, passed the twenty-second day of December, eighteen hundred and eight; and to legalize and make valid certain acts of the Sheriffs of the Coun- ties of Gwinnett, Habersham, and Rabun, in the West- ern Circuit, and all the Counties in the Flint and Southern Circuits. Be 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 after the passing of this act, so much of the above-recited act as requires the sheriffs of the different counties to adver- tise their sales in some public paper printed in their respec- tive circuits, so far as respects the counties aforesaid, be, and the same is hereby repealed. § 2. And be it further enacted, That the sheriffs of the aforesaid counties be, and they are hereby authorized to advertise their sales in one of the public papers in Mil- ledgeville, § 3. And be it further enacted, That all sales heretofore made by the sheriffs of the counties aforesaid, or their depu- ties, which were advertised in any of the public papers in Milledgeville the time required by law in the circuit, be, and the same is hereby legalized and made valid to all intents and purposes ; any law to the contrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 25tb, 1822. JOHN CLARK, Governor. The Act of 1808, re- quiring Sheriffs to advertisein some pa- per in their circuit, repealed as to the Counties mentioned. To adver- tise in the papers in Milledge- ville. Certain sales legal- ized. AN ACT to make valid certain acts of the Sheriffs and Deputy Sheriffs of the County of Monroe and County of Franklin, and to legalize the same. Whereas, the sheriffs and deputy-sheriffs of Monroe and Franklin counties, in this State, having acted in their official capacities after having taken-the oaths of office, and pre- vious to recording the same; and whereas, doubts exist as to the legality of such acts ; for remedy whereof, Be 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 all trans- actions of the aforesaid sheriffs and deputy-sheriffs of the counties of Monroe and Franklin, in their official capacities as sheriffs and deputy-sheriffs, after the time of their having taken the oath of office, and previous to recording the same, shall be deemed, held, and considered valid to all intents and purposes as if their said oaths had been recorded previous to any such transactions, so far as respects the recording of said oaths ; any law to the contrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1822. JOHN CLARK, Governor. [No. 1238.] Preamble. All transac- tions of the Sheriffs, &c. of Monroe and Frank- lin Coun- ties legal- ized. [No. 1237.] Sheriffs, &c. con- veying con- victs to the Peniten- tiary, shall be paid by warrant drawn by the Go- vernor at the rate of one dollar per mile, &c. Whenever there is an additional convict, there shall be addi- tional com- pensation of twenty- five cents Per mile. Where there are more than one convict •enienced AN ACT for the compensation of Sheriffs and other officers for conveying Convicts to the Penitentiary. Be it enacted by the Senate and House of Representa- tives 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 passing of this act all sheriffs, their de- puties, or other persons conveying convicts under sentence from their respective counties to the penitentiary, shall be allowed and paid by a warrant drawn by his excellency the Governor on the penitentiary fund, at and after the rate of not more than one dollar nor less than seventy-five cents per mile ; which sum shall he in full payment for himself, guard, and convict so conveyed by him to the penitentiary ; and that in computing the mileage, the most practicable route from the court-house where such convict or convicts were sentenced to the penitentiary shall be observed. § 2. And be it further enacted by the authority aforesaid, That for every additional convict conveyed to the peniten- tiary as aforesaid, such sheriff, deputy, or other person shall receive the further sum of twenty-five cents a mile, in addi- tion to the sum allowed in the first section of this act, as a full compensation for himself, guard, and travelling expenses, the mileage to be computed agreeable to the rule laid down in the said first section of this act; and where there are more than one convict sentenced at the same court, no sheriff, his deputy, or other person conveying such convict to the peni- E e e 2 AN ACT to authorize the Sheriffs of the Counties of Franklin and Madison to advertise their Sales in the public gazettes of Milledgeville. Be 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 after the first day of January next, it shall be lawful for the sheriffs of Franklin and Madison counties to advertise their sales of property levied on by execution in any of the public gazettes of Milledgeville ; any thing in any law heretofore passed to the coqtrary notwithstanding. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. [No. 1239.] The She- riffs of Franklin and Madi- son author- ized to ad- vertise in the Ga- zettes of Milledge- ville. AN ACT to facilitate the recovery of Money out of the hands of Sheriffs, Coroners, Justices of the Peace, Constables, Clerks of the Superior and, Inferior Courts, and Attorneys at Law. Beit 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 after the passage of this act, it shall be the duty of the sheriffs, coroners, justices of the peace, constables, clerks of the Superior and Inferior Courts, and attorneys at law, in this State, upon application, to pay to the proper person or persons, his, her, or their attorney any money or moneys they may have in their hands ; and if not promptly paid, the party or parties entitled thereto, his. her, oi their attorney may serve said officer with a written demand fur the same ; and if not then paid, for such neglect or refusal the said officer shall b6 compelled to pay at the rate of twenty per cent, per annum, upon the sum he has in his hands, from the [No. 1240.; Col leering officers and all officers having in possession money col- lected in their offi- cial capa- city, upon application, to pay over the same, and if they fail liable to pay at the rate of 20 per cent., &c. after demand and notice, m SHERIFFS.—1822. date-of such just demand, if good cause be not shown to to wit: The State of Georgia to any lawful constables of Jury nrrn- the contrary. ' , of the'said county. You are required immediately,, '/"e'cap?"' a copy of § 2. Anc^be it further enacted by the authority aforesaid, upon sight hereof, to summon good and lawful men That a copy °f said demand produced into court, verified from district, or an adjoining district if necessary, of wiikiuhe oath,&c. by affidavit, stating when and where the original was served the county of to be and appear before me, A. J3., the mafacie" upon the officer, shall be prima facie evidence of the date coroner of the county aforesaid, at , in the said district appear evidence, and service thereof. , of said county, on the day of ——, at the house of^,411* •Repealing § 3.' And be it further enacted by the authority aforesaid, in the —noon of the same day, then and there to ™Reu^™e clause, Tjiat ap jaws' an(j partg |awg miii(.ating against this act be, inquire of, do, !and execute all such things as, .on behalf of cept.clpie~ -and the same are hereby repealed. the State, shall be given them in charge, touching the,death . ^ ALLEN DANIEL, of (or a person unknown, as the case maybe), and ' Speaker of the House of Representatives: be you then and there to certify what you shall have done MATTHE W TALBOT, in the premises, and further to do aqd execute what in behalf President of the Senate.' of the said State shall be then and there enjoined upon you : •Assented to, December 23d,, 1822. in the said county, this day of , in the year of our • . _ • JOHN CLARK, Governor, Lord . , § 4. And be it further enacted, That the constable toTheCon- .-t inm n , t * whom such precept shall be directed and delivered shall st?Wet0 [No. 1241.] AN ACT concerning Coroner's and Inquests. ^ . forthwith the ..me, ami .hall repair to the place £%? Preamble, Whereas, much inconvenience is now felt from the existing at the time mentioned therein, and make return of the pre-.qJ,r^l(jdre" laws on the^ubject of the duties and powers of coroners; cept, with his proceedings tliereon, to the coroner. r todis- Every per- Be it enacted by the Senate and House of Representa- § 5. And be it further enacted, That it shall be the duty dutyf1,1 tolhe of-6d tbVes of the State of Georgia, in General Assembly met, and of the coroner to certify'and return every constable who ^J.6^010* fierce- it is hereby enacted by the authority of the same, Tha,t from shall neglect or refuse to execute the services and duties, or quired to before3en-' and immediately after the passing of this act every person , any of them, by this act prescribed, to the' next Inferior "tum a"d thedutiea w^° eleGte{l to the office of coroner shall, before Court to be held in and for thecounty ; which court, unless of his of- he enters upon the execution of the duties of his office, take a reasonable excuse be offered, shall set such fine upon the fusing^ anoatb.6 the following oath'or affirmation, to wit:. I, A. B., coroner constable offending as they shall think fit and reasonable, -The oath, of the county of , do solemnly swear or affirm (as not exceeding fifty dollars. theservices the case may be), that I will well and truly serve the State § 6. And be it further enacted, That when any juror hX'mhe of Georgia in the office of cqroner of the said county ; that shall be summoned as aforesaid and shall fail to attend, Jl®*'^ I will, to the, utmost of my power, faithfully and truly exe- that then and in that case the said defaulting juror Shall for- who may' • cute, or cause to be executed* all writs and precepts, to me- feit and pay a sum not exceeding ten dollars, to be levied AjuroT' directed , and which shall come to my hands, and will faith- by execution under the hand and seal of said coroner, un- fully and truly return the same, according to the best of my less such defaulting juror shall show good and sufficient bi/to be' . , knowledge, skill, and judgment; that I will in no case cause of excuse within ten days after said default, to be®ned- knowingly use or exercise the said office illegally, corruptly, made on oath before any justice of the peace, and filed in or unjustly ; that T will neither directly or- indirectly, by the office of the clerk of the Inferior Court, the merits of any means or device, or under any colour or (pretence what- which excuse shall be determined by,the next Inferior Court soever, accept, receive, take, use, or enjoy, or consent to the; thereafter.- \ accepting, using, receiving, taking, or enjoying any fee or . ,§ 7.r And be it further enacted, ^That the coroner shall TweiveJu- reward of or from any person or persons whomsoever,, swear or affirm twelve of the said jurors, who- shall appear, beTworn" for the summoning, empannelling, or returning of any in- seven of whom shall be competent to return a verdict, and quest, jury, or tales to or in any court for this State, or shall administer to the foreman of the inquest an oath or competent between party and party, other than such fees or rewards as affirmatioq upon view of the body, in form following ; You, veS" * • are or shall be allowed by law for the same; and that I will not as foreman of ,the inquest, shall diligently inquire and true TUefore- directly or indirectly exacf or demand any manner of fee or presentment make, on behalf of the State of Georgia, how m 2«h?k* reward from, any person or persons for serving, executing,, and in what manner , or a person deceased, unknown, Theoal11- or returning .any writ, precept, process, execution, or inqui- as the case may be, here lying dead, came to his death, and sition, or for any other service in my said office, other than of such other matters relating to the same as shall be law- such fees or rewards as are or shall.be allowed for the same, fully required of you, according to evidence :. and then shall by law, but that I will in all cases and things touching the swear or affirm, by three at a time, in order, the rest of the duties of the said office demean myself honestly, fairly, and' jurors, in form following ; Such oath or affirmation as the TheJurorn* impartially, according to the best of my knowledge,, skill,-, foreman of this inquest hath taken on his part, you andoatb*- and judgment. • , every of you shall well and truly observe and keep on your To take § 2. And be it further enacted, That every coroner shall,, part. - deaths In °f uPon view of the body, take inquests of deaths in prisons, § 8. And be it further enacted, That when the jurors are when the prisons, "provided such, death happen suddenly or violently, and sworn or affirmed, as aforesaid, the coroner shall charge be^omf Proviso, without an attending physician, unless such death be attended them on their oath or affirmation to declare if the death oftl,eGo™n£ by suspicious circumstances ; and of all violent, sudden, otff the person, whether he or she, died by murder, manslaughter, charge casual deqths within his county, and the manner of such misadventure, misfortune, accident, or otherwise ; and who, |J),e™,iaatnd deaths. and when, and by what means, and' In what manner ; and points. heifnoti33 § 3- And be it further enacted, That the coroner as if by murder, who were principals and who were accessa- ^and" fiedofa soon as be shall have hotice,or be certified of any death as ries ; and jf by manslaughter, who were the perpetrators, SMtH aforesaid, shall make out a precept directed to any constable and with what instrument the stroke or wound was in prescribed precept di- cf the county where the dead body is found'or lying, requir- either case given ; and so of all prevailing circumstances ^\1jga,.n" the'eonsta-ing him to> summort a jury of inquest composed of good which may come by presumption. And if by misadven-tionsthey county10 and lawful men from the captain?^ district within which the ture, misfortune, accident, or otherwise, whether by the act ^Lce. where the said body may be reported to lie* or from an adjoining dis- of God or man ; and' whether by hurt, fall, stroke, drown- f/fomTd,7 trict of said', county, if necessary, to appear before him at ing, or in any other way; to inquire what persons were requiring tjje ^me anc] place in such precept mentioned and contained', present at the death, from whence the deceased came, and Sraon a which precept shall'be in the form following: County, who he or she' was. and his or her Darents. relations, or SHERIFFS.—1823. 405 neighbours; who were the finders of the body ; whether killed in the same place where he or she was found, or if elsewhere, by whom, and how he or she was brought from thence, and of all circumstances relating to the said death ; and if he or she died in prison, whether by hard usage there or not, and if so, how and by whom ; and if he or shq put an end to his or her own life, then to inquire of the manner, means, or instrument, and of all circumstances concern- ing it. The Coro- § 9. 4.71(2 be it further enacted, That it shall be lawful S'to'ir ^or every coroner to issue process for witnesses, command- sue process ing them to come before him to be examined, and to de- «stoap|»M °lare knowledge concerning the matter in question ; before him, and the said coroner shall administer to. every witness an An oath to oath or affirmation, in form following : You solemnly swear teredtoure (or al®rm) that the evidence which you shall give this in- witnesses, quest, on behalf of the State, touching the death of C. D. The oath. ^or a person unknown, as the case is), shall be the truth, the whole truth, and nothing but the truth, coroners §10. And be it further enacted, That all coroners shall deliver* t0 deliver their inquisitions to the next Superior Courts of their their inqui- respective counties, and the said court shall proceed thereon sitions to l. , r the next against the onender. court'of §11- And be it further enacted, That every coroner, upon theCounty. any inquisition before him found whereby any person or ner%n°r° persons shall be indicted of murder or manslaughter, or every in- as accessary or accomplice to the said crime of murder, on which either before or after the fact, shall put in writing the effect teanfn-aU 80 much of the evidence given to the jury before him riictment, as shall be material; and every such coroner is hereby au- writing1 so thorized and required to bind all such by recognisance as evidence as declare any thing material to prove the saic£ murder or shall be ma- manslaughter, or to prove any person or persons accessary bind ail wit* or accessaries, as aforesaid, to the said murder, to appear at nesses who the next Superior Court of the county where the trial thereof aFirfa de- shall be, then and there to give evidence against such off toSauendCe fender or offenders at the time of his, her, or their trial; court, &c. and shall certify as well as the same evidence as such recog- nisance or recognisances in writing as he shall take, together with the inquisition before him taken, and forward to the said Superior Court at or before the time of the trial of the party or parties indicted. a coroner § 12. And be it further enacted, That if any coroner hisduuyun- remiss, and do not take inquisition as aforesaid, or derthis Act do not certify as is before directed, or shall offend in any shall, on . J , . . r ,<• J. proof be- thing contrary to the true intent and meaning ot this act, superior t^ie Superior Court of the county where' such offence shall fined1'&c committed, upon due proof thereof by examination be- "06 ' ' fore them, shall for every such offence set such fine upon the said coroner as the said court shall think fit and reason- able, not exceeding five hundred dollars. The Coro- § 13. And be it further enacted, That the said coroner quired"to shalli before entering on the duties of his office, give bond give bond and security as is prescribed in the case of sheriffs, in the ritylnThe sum of five hundred dollars, except in the counties of Chat- §500°f *iam an(^ Richmond, where the penalty of said bonds shall Exce'p- be two thousand dollars. The coro- § 14. And be it further enacted, That the coroner and constable constable serving the process shall each receive, in addition forservices to the fees now prescribed by law, the sum of fifty cents on cefvl addi- each execution collected ; and that the constable summoning tionai fees, the jury shall receive the sum of one dollar. Repealing § 1&. And be it further enacted, That all laws and parts «iause. of laws militating against this act be, and the same are hereby repealed. DAYID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December £2cf, 1823. G. M. TROUP, Governor. AN ACT to compel Sheriffs and Coroners to ddioerpos- [No. 1242.] session of Real Estate sold by them under executions to the purchaser, his or her agent or attorney, Be it enacted by^ the Senate and House' of Represent- Tbesheriff atives of the State of Georgia, in General Assembly met, ner requir- and it is hereby enacted by the authority of the same, de'pur-' That when any sheriff or coroner shall sell any real estate chaser, his by virtue of and under the authority of any execution, it shall attorney in be the duty of such sheriff or coroner (as the case may be), $s^fe°£ upon application, to put the purchaser, his or her agent or tatesoid,"' attorney, in possession of the real estate sold ; Provided, that proVi&0 this|act shall not authorize the officer making the sale to turn out any other person than the defendant in execution, his heirs, or their tenants, if such other person were in pos- session at the term of the rendition of the judgment; or if such person has acquired such possession under the judg- ment of a court of competent jurisdiction, or claim under the person or persons acquiring such right by the judgment of such court. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1823. G. M. TROUP, Governor. AN ACT to legalize the Sheriffs sales of Hancock [No. 1211, County. Whereas, John W. Scott, sheriff of Hancock county, has Preamble, advertised his sales in the Missionary, a paper printed at Mount Zion, in Hancock county, contrary to an act of the Legislature passed the fifteenth day of December, eighteen hundred and ten, requiring the sheriffs of Hancock and Washington counties to publish their sales in one of the Milledgeville papers ; for remedy whereof, Be it enacted by the Senate and House of Represent- Certain atives of the State of Georgia, in General Assembly met, and shlriffof e it is hereby enacted by the authority of the same, That from Hancock and immediately after the passing of this act, that the she- maderngar. riff's sales of Hancock county published in the Missionary shall be considered and held as legal and valid as if the same had been advertised in one of the Milledgeville papers ; Provided, that this act shall not operate to .divest any ex- Proviso, isting right which has vested since said sale, and before the passage of this act. § 2. And be it further enacted, That it shall be lawful The sheriff for John W. Scott, sheriff of Hancock county, and his sue- authorized* cessors in office to advertise their sales either in the Mis- to advertise sionary or one of the Milledgeville papers. sionary, 'S § 3. And be it further enacted, That all laws and parts Repealing of laws militating against this act be, and the same are hereby clause, repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1823. G. M. TROUP, Governor. AN ACT to amend the third section of an Act, entitled [No. An Act pointing out the duty of Sheriffs in selling lands under execution, passed the twenty-second day of December, eighteen hundred and eight. Be it enacted by the Senate and House of Representatives The Act re- of the State of Georgia, in General Assembly met, and it is sheriffs to hereby enacted by the authority of the same, That from and fhdeveratiseiK after the passing of this act, so much of the above-recited onheTcff- act as requires the sheriffs of the different counties to adver- aSr^ea* tise their sales in some public paper printed in their respec- Hail tive circuits, so far as respects the county of Hall, be, and €oun^T the same is hereby repealed. § 2. And be it further enacted by the authority aforesaid, 406 SHERIFFS.—1827. TheSheriff That the sheriff of Hall county be, and he is hereby author- AN ACT to authorize the^Clerks, Sheriffs, and other [No. rnij thorizecTto bzed to advertise his sales in one of the public papers printed officers in any of the Counties in the Southern, Flint, . adverts, in Milledgeville; any law to the contrary notwithstanding. Ocmulgee,and Western Circuits, and of the County tileMii-Sm ,• JOHN ABERCROMBIE, of Warren, to insert their advertisements in any ga- papers!'8 Speaker of the House t>f Representatives^ zette published in Milledgeville or within their Circuits ; ALLEN B. POWELL, and to compel Deputy Sheriff's to advertise in the same . , President of the enate. paper in which his principal shall advertise. Assente to, ecember 20th, 1824. _ Qovernor , Be it enacted by the Senate and House of Representatives Officersin - ' ' of the State of Georgia, in General Assembly met, and it [No. 1245.] AN ACT to reduce Sheriffs' honds in certain Counties herely enacted by the authority of the same. That from « • .7 • o, cu™ JJ rnmnmvntinn and after lhe passage of this act, it'shall and may be lawful of Warre; " $ compensation for fof theclerks of the sUperior and, inferior Courts and services. „ , , „ , . tt /• t> JJ. Courts of Ordinary, sheriffs^ coroners, anid other officers of in the pa. Theshe- Be it enacted bp the Senate and House of Representatives the geveral countie3 in. the Southern, Flint, Ocmulgee, and HS" °fthe State °fJt°rFa' l\ G and tMr succefsors in ^ t0 J im vuhng Lands fraudulently drawn, and returning the ^ sales of pr()perty tevied m under execution in a , , .. newspaper published at Mount Zion, in said County, Whereas, shenfis, comity surveyors; and partitioned are entitled the Hancock Advertiser: " required by law to perform labours and important duties re- _ . , _ T ^, __ ■ _ „ „ lative to the division of lands fraudulently drawn in the land: Be *t enacted by the Senate and House of Representatives JJe she- lotteries authorized by the laws of Georgia; and whereas, no °fth^ State 0fG{or8?> m General Assembly met, and it is c= tf provisioh is made for compensating them; and whereas; all haf% en™ted lV the 'f™?* of the same, That from % public ofiicers should be compensated for their public services; a"d„after °f 'his act the sheriff and coroner Sheriffs' Be it enacted by the Senate and House of Representatives of Hfn<=ock county, and their successors m ofiiee, shall be, SSTror oft** Staf of Georgia, in General Assembly met, and it is and "ff a'e hereby authorised to publish their sales of pro- — hereby enacted by the authority of the same; That from and Pert7 le™d on hy.™'f ff execution or executions u.JMs ™„s„«p"» alter the passage of this act, the sheriffs of any county who a newspaper published at Mount Zion, in said county, en- divj.de _ may be called 'on to summon partitioners to divide land titled the Hancock Advertiser, provided they may think • Stfr fraudulently drawn shall be entitled to charge and receive proper to do sp ; any law, usage, orcustomtothecontrary d'™°- the sum of sixty-two and a half cents for summoning each notwithstanding. IRBY HUDSON, partition; and that he be entitled to the further sum of se- Speaker of the^House of Representatives, venty-five cents a day for his services as a partitioned and ~ r: cue that the county surveyor shall be entitled to charge and re- . 4 4 ^ , ... President of the benate. ceive the sum of four dollars for every mile surveyed and Assented to> December 18th,■ *827- _ . marked according to law, and the sum of two dollars and ' JOHN FORSYTH, Governor, fifty, cents for making his return ; and each and every par- * A ~,T , _ c,, ~ * * rv„ imqi titioner shall be entitled to charge andrece'ive the sum of ACT to authorize the Sheriff of Elbert County to t ' seventy-five cents per day for every actual day's service. have advertised his sales in one of the public gazettes Fees to be § 2. And be it further enacted, That the foregoing fees °f Milledgeville, and the Sheriff of Madison County Seout shall be made out and certified by the county surveyor and to advertise in the Athenian. against the c*iar£ed aga^st ^6 informer, and be recovered as other Be it enacted by the Senate and House of Representatives TheShe- informer, costs in such actions. of the State of Georgia, vn General Assembly met, and it ^rt°au- DUNCAN G. CAMPBELL, . is hereby enacted by the authority of the same, That from Speaker pro tem. of the Hous6 of Representatives, and after the passage of this act, it shall be lawful for the inoneof 'ALLEN B.POWELL, , sheriff of Elbert county and heLis hereby authorized to ' President of the Senate, have his • advertisements for sales published in one of the Milage- Assented to, December £4th,' 1825. public gazettes of Milledgeville ; all laws or usage to the Vl !* G. M. TROUP, Governor, contrary notwithsta.™—. .SHERIFFS.—1828. 407 The sheriff § 2. And be it further enacted, That it shall and may be intheAthe- lawfol for the sheriff of Madison county and his successors nian. in office to advertise their sales in the Athenian ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. [No. 1250.] AN ACT to reduce the amount of the Sheriffs' Bonds in this State so far as respects the County of Ware. The she- Be it enacted by the Senate and House of Representatives intheb°nd °f ^tate of Georgia, in General Assembly met, and it is County of hereby enacted by the authority of the same, That from and duoed.re" a^er t'ie Passa?e °f this act persons elected or appointed sheriffs of the county of Ware shall be required to give bond and security in the sum of four thousand dollars only, for the faithful discharge of the duties of the sheriff's office in said county ; any thing contained in the forty-sixth sec- tion of the Judiciary Act of 1799 to the contrary notwith- standing. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1827. JOHN FORSYTH, Governor. [No. i25i.] A.N ACT to reduce the Sheriffs' Bonds of this State so far as respects the County of Tattnall. The she- Be it enacted by the Senate and House of Representatives intheb°nd ofthe State of Georgia, in General Assembly met, and it is Tattnaii're enacted by the authority of the same, That from and ducecL after the passage of this act, persons elected or appointed she- riffs of the county of Tattnall shall be required to give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of sheriff's office in said county ; any thing contained in the forty-sixth section of the Judiciary Act of seventeen hundred and nine to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. [No. 1252.] AN ACT to require the Sheriff of Gwinnett County, or his Deputy Sheriff, to reside at or within one mile of the Court-house in said County, and to require said Sheriff to keep his office at or within one mile of said Court-house. The Sheriff Be it enacted by the Senate and House of Representatives putyln^he °f &tate °f Georgia, in General Assembly met, and it is county °f hereby enacted by the authority of the same, That from and requhe^'to after the next election for sheriff of Gwinnett county, the one mile1 of she"®* or deputy sheriff of Gwinnett county shall, and he is the Court- hereby required to reside at or within one mile of the court- house. house in said county of Gwinnett. Also to § 2. And be it further enacted, That the said sheriff shall, offiee with- and he is hereby required to keep his office at or within inthatdis- one mile of the court-house in said county. Repealing § 3. And be it further enacted, That all laws or parts clause. of laws militating against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 9th, 1828. johw WDQvmH( Governor. AN ACT to reduce the amount of Sheriffs' Bonds in this ino. 1253.] State so far as respects the County of Dooly. Be it enacted by the Senate and House of Representa- The • /» s-i ^ . J _ t + , amount of iives of the State oj Georgia, in General Assembly met, and the she- it is hereby enacted by the authority of the same, That from •j|rt^ebond and after the passage of this act, persons elected or ap- county of pointed sheriffs of the county of Dooly shall be required to duced." give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of the office of the sheriffs office in said county ; any thing contained in the forty-sixth section of the Judiciary Act of seventeen hun- dred and ninety-nine to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. AN ACT to reduce the amount of Sheriffs' Bonds in LNo. 1254.] the County of Marion. Be it enacted by the Senate and House of Represent- ^®um of atives of the State of Georgia, in General Assembly met, sherXs and it is hereby enacted by the authority of the same, That county of6 from and after the passage of this act, person^ elected or Marion re- appointed as sheriffs of Marion county shall be required to duced- give bond and security in the sum of five thousand dollars only, for the faithful discharge of the duties of sheriff of said county ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTIJ, Governor. AN ACT to make Constables elective by the people ; and tNo-1255-1 the mode of taking their Bonds; and to point out their duty in certain cases. Be it enacted by the Senate and House of Representa- On the first fives ofthe State of Georgia, in General Assembly met, and every year it is hereby enacted by the authority of the same, That an jP election shall be.held at the place of holding justices' courts bieshaii be in each captain's district, on the first Saturday in January ^piain"? of each and every year, by persons entitled to vote for mem- district,&c. bers ofthe General Assembly, for at least one, and not more than two constables; which election shall be superintended by at least one of the justices of the peace and two free- holders ; who shall hold his or their appointments until the first Saturday in January next thereafter, and until his or their successor is elected and qualified. § 2. And be it further enacted, That before any constable The Con- shall enter on the duty of his appointment he shall take the 2?!" usual oath, and enter into the usual bond, to be approved °j^ba0"d of by the justice or justices of the peace of their respective &c. districts. § 3. And be it further enacted, That when an election in case of a should fail to be held at the time aforesaid, or a vacancy hoidTaid should happen, it shall be the duty of the justice or justices aforesaid to advertise an election in three of the most public be done, places in their district, giving at least ten days' notice of the time and place, which shall be conducted in the same manner as aforesaid ; and who shall hold his, or their ap- pointment until the first Saturday in January next there- after, and until his or their successors is elected and qua- lified. § 4. And be it further enacted, That whenever notes for Note ^ collection shall be placed in the hands of the constable, it fheConsta- shall be his duty to grant receipts for the same, and pay over fofcofiec-8 the amount when collected to the plaintiff, or his, her, or tion, must their agent or attorney, unless there should be conflicting felptf&t, ■108 SHERIFFS.—1829. *»d pay claims, it shall then be the daty of the constable to report money6 the same to the next justice's court of said district, subject lected 001 t0 or^er Sa^ court* Regaling § 5. And be it further enactedThat all laws and parts of clause. jaws militating against this act be, and they are hereby re- pealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, i President of the Senate. , Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. [No. 1256.] The Sheriff ofEmanuel authorized to advertise his sales in the Ga- zettes of iMiiledge* ville. , AN ACT to authorize the Sheriff of Emanuel County and his successors in office to advertise their Sales in one of the public gazettes of Milledgeville. Be 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 after the passage of this act^it shall be lawful for the sheriff of Emanuel county and his successors in office to advertise their sales in one of the public gazettes of Milledgeville j any law to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. Early, Randolph, Rabun, Appling, Campbell, Sen- ven, Lowndes, and Lee. Be it enacted by the Senate and House of Representatives The of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from j^^ond* and after the passage of this act, the persons elected oivap- coumfeg11 pointed, sheriffs of the counties of Irwin, Carroll, Early, Randolph, Rabun, Appling,,Campbell, Scriven, Lowndes, sanddo». and Lee, shall be required to give bond and security in the lare> eqm of ten thousand dollars, only, for the faithful discharge of the duties of sheriff's office of said counties; any thing contained in the forty-sixth section of the judiciary act of seventeen hundred and ninety-nine to the contrary notwith- standing. . WARREN JOURDAN, Speaker of the House of Representatives. • . THOMAS STOCKS, President of the Senate. Assented to, December 19th, 18-29. ; ' GEORGE R. GILMER, Governor. [No. 1257.] Preamble. The Go- vernor re- quired to ■employ counsel to sue, on the Sheriff's bond of Twiggs County, Wiley Belcher and his se- curities. AN ACT to authorize the Governor to have suit com- menced against Wiley Belcher. Whereas, Wiley Belcher, now of the State of Tennessee; formerly sheriff of the county of Twiggs in this State, did, while he was sheriff aforesaid, collect of debts duo to the State of Georgia considerable sums of money which he failed to pay over as required by law ; and whereas, the bond given by him as sheriff has been mislaid,v so it cannot now be found; Be U enacted by the Senate and House of Representa- tivesof the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That his excel- lency the Governor be authorized to employ counsel to take the necessary steps in having a copy of the said sheriff's bond established, and to proceed without delay to collect the said balance now due the State from said Belcher and his securities. WARREN JOURDAN, . Speaker of the House of Representatives. < - THOMAS STOCKS, 1 - President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. [No. 1258.] AN ACT to authorize the Sheriffs of Campbell and Lee to advertise their Sales in any public gazette published , in Macon. - Be 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 after the passage of this act, the sheriffs of the ppunties of Campbell and Lee may advertise their sales in any of the public, gazettes published in Macon; any law to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Absented to, December 18th, 1829. GEORGE R. GILMER, Governor. [tfo\ 1259.] AN ACT to reduce the Sheriffs' Bonds of this State, so far as respects the Counties of Irwin, Carroll, The She- riffs of Campbell and Lee authorized to adver- tise their sales in the Maeon papers. AN ACT to authorize the Sheriff or any lawful Con- [n0. m.\ stable of Chatham ' County to enter the dwellings of Sailors, Landlords, or any other place, where just rea- son shall be entertained on oath that regularly articled Seamen are harboured or protected, Whereas, much inconvenience results to the merchants, preamble, ship-owners, masters of vessels, and others, residing m or Visiting the port of Savannah,, from the absconding of re- gularly articled seamen after receiving their advance wages; and whereas, fio law exists authorizing the legal officers of said county to enter the dwellings of such persons as are supposed to harbour and secrete the said deserted, seamen, whereby the said merchants, ship-owners, masters of ves- sels, and others are defrauded of their money they have ad- vanced to said seamen ; for remedy whereof, Be it enacted by the Senate and House of Representatives Any hige of the State of Georgia, in General Assembly met, and it is a" hereby enacted by the authority of the same, That from and after the passage of. this act, it shalb and may be lawful for inferior any judge of the Superior or justice of the Inferior Courts, ^r°j^sli(# or justice of the peace of said county, upon oath being m made before him that a regularly articled seaman has de- oatTbdnf serted, and particularly describing the person so deserting, ™ad®ej£" and also the person who is supposed to harbopr or secrete lariyani' said seaman, and the place where such harbouring or se-Enisle' creting is supposed to exist, to issue his warrant directed' to cr®ted^es any lawful officer of Chatham county, and authorizing him lTiswar- to make search for the said deserted seaman in the place de- gai£c^ sign^ted, and to seize said seaman when discovered ; an^^r™ye any resistance is made to said search or seizure'to proceed seaman, by force to cqrry into effect the said warrant. § 2. And be it further enacted, That .if any person shall resist the said search or seizure, the person so offending against the shall be subject to a penalty of not more than five hundred ^^'2# nor less than fifty dollars, or imprisonment in the eoaffliwon offvndfto jail for a term not longer than one year. , \ fi"eJand § 3. And be it further enacted, That all laws or parts of jj^son' Jaws militating against this act be, and the same are here*by Repealing repealed. WARREN JOURDAN, claW 1 Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829, GEORGE R. GILMER, Governor, AN ACT for the relief of Sheriffs in certain cases. [No. imi.j Whereas, it is frequently oppressive upon sheriffs tp serve preambie. and return all writs and processes within the time prescribed by law ; for remedy whereof, Be it enacted by the Senate and House of Representatives of the State of George- in General Assembly met. and it is SLAVES.—1821. 409 The she- Iterely enacted ly the authbrity of the same, That from and ifservTan immediately after the passing of this act it shall noj be ne- writs and cessary, as heretofore, for the sheriffs of this State to serve Snsev- all writs and processes at common law twenty days before preceding t'ie siu'ng of the court to which the same may be made re- the return turnable, but the same may be served and returned seven- Proviso. teen days before the sitting of the court; Provided, never- theless, that all writs and processes shall be copied and is- sued, as heretofore, twenty days before the sitting of the court to which the same may be made returnable; any law, usage, or custom to the contrary notwithstanding. WARREN JOURDAN, Speaker of the House of Representatives.. THOMAS, STOCKS, President of the Senate. Assented to, December 22d, 1829. GEORGE R. GILMER, Governtor.. [No. 1262.] AN ACT to reduce the amount of Sheriff's Bonds for the County of Wayne; and to provide for the payment of one of the presiding Magistrate^from each Elec- tion District in the Counties of Wayne, Lowndes, and Bryan, for attending at the Court-house on the day after the Election for the purpose of tonsoliAating the returns. v . The She- Be it enacted by the Senate and House of Representatives inWayne °f ^tute °f Georgia, in General Assembly met\ and it is County re- hereby enacted by the authority of the same, That the sheriffs five^hou- hereafter to be elected in the county of Wayne shall only iarsd d°l reclu'red t0 giye bond and security in the sum of five r?' thousand dollars for the faithful performance of their duty, in place of twenty thousand, as heretofore required. Magistrates § 2. And be it further enacted, That the presiding magis- Counties trate a<1 eac^ °f t*16 election districts in said counties shall compensat- be allowed and receive from the county treasurer, out of the tending to county funds, the sum of one dollar and fifty cents each, for elections, their trouble in attending at the court-house on the day after the election for the purpose of consolidating and making returns of said election. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. AN ACT to make valid Bonds taken by the Sheriffs of [No. 1263.3 this State, and their Deputies, Coroners, and Consta- bles from Defendants in Execution, for the delivery of property levied on by them. Be it enacted by the Senate and House of Representatives Bonds of the State of Georgia, in General Assembly met, and it is slleriff^ hereby enacted by the authority of the same, That from and ^"con- after the passing of this act, all bonds taken by the sheriffs stabiesfor of this Stale, or their deputies, or coroners, or constables, ^e0dfeproe from defendants in execution, for the delivery of property on the day of sale or at any other time, which they may have lid, and levied on by virtue of any fi. fa. or other legal process from verabifin0 any court, be, and the same are hereby declared to be good law, &c. and valid in law, and recoverable in any court in this State having jurisdiction thereof. § 2. And be it further enacted by the authority aforesaid, Bonds^tiius That the bonds taken in conformity with the ;first section of toprejJdfce this act shall in no case prejudice or affect the rights of l0hfe,£eghts plaintiffs in execution, but shall relate to and have effect Plaintiffs alone between the sheriffs, their deputies, the coroners, and u0n!ecu* the constables, and defendants by whom given ; and the sheriff shall in case excuse himself for not having made the money on any execution by having taken such bond, but shall be liable to be ruled as now prescribed by law. WARREN JOURDAN, Speaker of the House of Representatives. . THOMAS STOCKS, President of the Senate. Assented* to, December 21st, 1829. GEORGE R. GILMER, Governor. SLAVES.—1821. [No. 1264.] What crimes shall be considered as capital offences, when com- mitted by a slave or free person of colour. Punished with death. The follow- ing also considered as capital offences. AN ACT to alter and amend the several Laws for the trial of Slaves and free Persons of Colour in this State. § 1 .Be it enacted by the Senate and House of Represent- atives 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 passing of this act the following shall be considered as capital offences, when committed by a slave or free person of colour: insurrection, or an attempt, to excite it ; committing a rape, or attempting it on a free white female ; murder of a free white person, or murder of a slave or free person of colour,or poisoning of a human being: every and each of these offences shall, on conviction, be punished with death. And the following also shall be con- sidered as capital offences, when committed by a slave or free person of colour ; assaulting a free white person with intent to murder, or with a weapon likely to produce death ; maiming a free white person ; burglary, or arson of any description ; also, any attempt to poison a human being : every and each of these offences shall, on conviction, be pu- nished with death, or such other punishment as the court in their judgment shall think most proportionate to the offence, and best promote the object of the law, and operate as a preventive for like offences in future. Fff § 2. And be it further enacted by the authority aforesaid, That whenever a slave or free person of colour is brought before the Inferior Court to be tried for an offence deemed capital, it shall be the duty of said court to pass such sen- tence as may be pointed tout by law for the offence of which such slave or free person of colour may be guilty ; and in case of a Verdict of manslaughter shall be found by the jury, the punishment shall be by whipping,1 at the discretion of the court, and branded on the cheek with the letter M. § 3. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speakerof the House of Representatives, MATTHEW TALBOT, President of the Senate. Assented to, December 24th, 1821. JOHN CLARK, Governor. When a slave or free person of colour is brought be- fore the In- ferior Court for a capital of- fence to be tried, said Court shall pass on the person pro- nouneed guilty the" sentence pointed out by law. Punish- ment for man- slaughter. Repealing clause. 1 AN ACT to alter and apiend an Act for the ordering [No. 1265.] and governing of Slaves within this State, passed the tenth day of May, seventeen hundred and seventy. Be it enacted by the Senate and House of Representatives 410 SLAVES.—1$24. The section 43d of the State of Georgia, in General Assembly met, and it is the trial of defaulters'on such patrols, to consist of at least *Jomjit Mid Am®, hereby enacted by the authority of the same, That the forty- three commissioned officers, the oldest of whom shall be the Li. 600 peaied. third section of the said act, passed the tenth day of May, president thereof; and that three days' notice shall be given seventeen hundred and seventy, fpr the ordering and go- to defaulting commissioned officers, non-commissioned offi- verning of slaves within tliis State, be, and the same is cers, and privates of the time and place of holding such hereby repealed. , court ' , - . , - Owners of § 2- And be it further enacted, That from and after the £ 5. Ank be it fattier enactedThat fines shall be in- who'kee"3 PassaSe °f ^ aoti every owner or owners who may! keep fficted for defaults on such patrols, provided a sufficient ex- for defa^ thereon the on any plantation the number of ten slaves or more, over cuse is not tendered and approved of by the court, viz.: for SgtJoutei "enclaves the aSe of sixteen, shall be compelled to keep a white man a commissioned officer, not leSs than ten dollars for a non- The mim. to have an capable of bearing arms, as an overseer, manager, or su- commissioned Officer, not less than six dollars; and for overseer. perjn|-en(jent> on plantation, under the penalty oori- private, not less than four dollars : for which'fines executions Execution! tairjed in the said forty-third section so repealed. _ shall forthwith be issued by the clerk of the regimental ' DAVJD ADAMS, , court of inquiry, signed by the commandant of the said regi- Speaker of the House of Representatives, ment, and shall 'be collected by any sheriff, county or city • ( , THOMAS STOCKS,. constable, who pn failure of payment- shall levy the same bn 0nwbat , President of jthe Senate. the lands ,and tenements, goods and chattels of the defaulter, a may be Assented to, December 20th, 1823." and after advertising the same for ten days in a public ga- howt^ , . y G. M. TROUP; Governor., zette in the city of Savannah, or in any other public man- • -L-i-—— . ' ner, shall sell the same at public outcry at the court-house maybe INo. 1366.] AN ACT to authorize the enforcement of the Patrol of the city of Savannah to the highest bidder, returning the B0,d* Law in the" city of Savannah, in certain cakes therein overplus of such sale to the owner; and should no property in case mentioned. • . - ' ' ; be/found to satisfy the same, the body of,the defaulter shall {^nopr* The Co- Be it enacted by the Senate.and House of Representatives be,takfen and delivered to the jailer of Chatham County, wlio Emm- of *he State of Georgia, in General Assembly met,, and it is is authorized and required to keep the body of such defaulter defaulter * van "ah^o- hereby enacted by the authority of the sqme, That the colonel twenty-four hours in confinement for each dollar of the fine mabyebeand enforce the or other officer commanding the militia, of this State in the* ihflicted[, and twenty-four hours for the jail fees, should they ^n- wheneve^3 °f ^avannah shall'be, and he is authorized and required not,be paid. J theUM d by to en^orce the patrol laws of this State, within the limits of § 6.. And be it further enacted, That all. sheriffs^ county Awshe- and Aider- his command, whenever he, shall be required so to do by1 and city constables, refusing to carry into full effeet-the in- Fy aDd°ei"y men- the mayor and aldermen of the said city of Savannah, who tent and meaning"of- this act,,shall op refusal Or neglect be are hereby authorized to makp silch requisition whenever sued upon their bonds of office, and shall be otherwise sub- ca«y into • they shall deem the same necessary. je.ct to alLthe penalties prescribed by the militia law'of the AMHabieto ' DAVID ADAMS,, . . State for such neglect or refusal. • - thektouS ' / Speaker of the HouSe, of Representatives. § l. And be ii further enacted, That all fines arising from ah fines ' . THOMAS STOCKS, this'act shall be paid to-the paymaster of the first regiment £nfhi9 " ' ; , President of the Senate, of Georgia inilitia, in aid of the funds of said regiment. *ct'(*a11 Assented to, December 20th, 1823. \ ■ '» ' V - - JOHN ABERCROMBIE, thePPay° G. ;M. TROUP, Governor. ^ ' , " Speaker of the House of Representatives. jnas£'of — - . 1 ALLEN B. POWELL, SS. [No. 1267.] AN ACT to define an Act, entitled An Act to authorize President of the Senate. the enforcement of the Patrol Law in the city of Sa- Assented to, November 25th, 1824. vannah in certain qases therein mentioned. . ' G. M. TROUP, Governor. Preamble. .Whereas, the.above-mentioned act is considered too go- ■ ' " . - tM^l hi its provisions, and not sufficiently explicit iii its ANACT to discharge Females from the performance of [No. imj The infe- Be it enacted by the Senate and House of Representatives ' ■ ' Patrol Duty. ofcS-rt of the State of Georgia,, in General Assembly met, and it is ' Bf enacted by the Senate and House of Representatives Thauto ham, or the. hereby enacted by the authority of the same,- That from and °f fie Sta?e of Georgia, in General Assembly met, and it is ^a,® )ia. Aldermen' after the passing of this act, whenever the justice? of the hereby enacted by the authority of the same, That after the weeper- ofsavan-7 Inferior Court of the county of Chatham or the mayor and date of this act no female in this State shall bq subject to the uoi duty.. nab, may aldermen of the city of Savannah may consider it necessary, performance pf patrol duty. firet regi-be they shall be, and are hereby authorized to call upon the- " ^ JOHN ABERCROMBIE, ?aao£r commandant of the first regiment of Georgia militia for pa- Speaker of the House of Representatives. •' trols from said regiment, either by day or by nighf. ' 'ALLJ1N B. POWELL, When the §2. And be it further enacted, That when the command- , ' , i' President ,of the Senate. acrhrd- ant has been so called upon it shalj be his duty, and he is Assented to; December 24th, 1824. ' hereby authorized and required to order patrols fbr the per- . " G. M. TROUP, Governor, his duty6to formance of patrol duty, either by night or by day, by de- ' 1 '■ S:,'be: frvhereof, [No. 1273.] AN ACT to regulate Slaves and free Persons of Colour , Be it ehacted-by the Senate and* House of Representatives ^ dta«ii in the Village of Sparta. of the Sta te of Georgia, in General Assembly met, and it is Nereis a No free Be it enacted by the Senate and House of Represent- hereby enacted by the authority of the same, That from and JJJJJgJ atives of the State of Georgia, in General Assembly met, immediately after the passing of this act, whenever a va- captain slave ai. and it is hereby enacted by the authority of the same, That cancy in the - office of captain may happen in any of the keep a ° from and after the passage .of this act, it shall not be lawful disthcts of the counties of Laurens, Franklin, Burke, Co- Peace to entertain f°r anY fre^ person of colour or slave to keep, a house of lumbia, Glynn, Carnden, Hancock, or Pulaski, it shall be ^ mentoi"" public or private entertainment within the corporate limits the duty 'of the justices of the. peace, or justice of the within the of Sparta, nor to yend. any go'ods, w>ares, or merchandise, peace (if there 'should be'but one in the district), in the corporate spirituous liquors, or provisions, or carry on any, kind of district where the vacancy of the office of captain may Spar^a?f traffic for the purpose of gain. ' happen, to appoint once in two months, on their or his Jus- No slave § 2. And be it further enacted by the 'authority aforesaid, tice Court day, patrols, under the same rules, regulations, peumtted That from and after the passage of this act, no slave shall and penalties which, by the laws now of force in this , timefrorn be allowed to hire his or hbr time from his or Her master §tate,. it would be the duty of a captain to do, provided h,s*ma9ten or manager, nor shall any slave be allowed to work or carry there was one.in the district. 1 on any business or traffic upon their own account, or for the ' , 2. Pe it further enacted by the authority aforesdid, Persons purpose of procuring a livelihood, or 'raising money to pay That any persons yyho may, be appointed patrols by virtue their hire within the limits thereof. of the preceding section shall be, and they are hereby re- Penalty on §' 3. And be it further enacted by the authority (foresaid, quired to perform, patrolduty, under the same rules, regula- asifap.' SofcV That any free person of colour offending against' the 'pro- tions, and penalties as patrols are by law required to do fendin°»°f' visions of this act shall be subject to such, punishment by ' who are appointed by captains of districts. . > wins, against fine, imprisonment, or flogging, as the commissioners of 1 § 3. Be it further'enacted by the authority, aforesaid, Repealing this Act. said village shall order and direct. • ^ That all laws and parts of la ws that militate against this clau!e" Penalty on § 4s. And beit further endcted bythe authority aforesaid, act be, and the same1 are hereby repealed. ' suffering Thht'any person being the owner of, or having the manage- ; IRBY-HUDSON, slaves to ment of any slaW or slaves, shall not suffer any slave or 1 ' Speaker of the House of Representatives. hire their time. slaves to hire their ..own time, qr go at large seeking em-. ' THOAIAS STOCKS, ployment at the discretion of said slave, within the limits , ' . President of the Senate. ' . aforesaid, and every person sp offending shall fprfeit thirty .. Assented to," December .24th, \827. ' '• , dollars for every such offence; to be'collected for the benefit j ' 1 JOHN FORSYTH, Governor. Slaves sub- of the said corporation ; and any slave1 so pffending shall : —-1-—- - , > ^nedj0&c. be subject toafine of three dollars per week, and on failure AN ACT more effectually to enforce the provisions of[N°. 1275.] '» to pay sdeh fine said slave or slaves shall be subject, to impri- the Statute of 18*26, 50 far aS the same regards the ^ sonment or flogging, at the discretion of said commissioners. arrival of Persons of Colour in the several ports and No person § 5. And be it further enacted by the authority aforesaid, waters of this Stated ' ^JThatit rf«Unot be lawful for any person' being the owner Be itenacted bty Smote and House of Represent-i;-* control or management of an, house or 0fthe StaU of Georgia, inGeheral Assembly met, andtt^ of colour tenement in said village,' to rent the same to any slave or it - ^rebu enacted bu theauthoritv of the same That when-sel in,° f any house free Derson of colour or to suffer such slave or free nerson, nereoy enacieu oy me aumoniy oj me same, inat wnen theponsflf vortene- "ee person 01 colour, orjo sutler sucn siaye or tree person. evefany vessel ghalI arriye ln of the rts Qt waterg 0fthisstate, —• • f e^lour to occupy the same unless rt be a kuehen or out- this-Stath, it shall be the duty of the masters captain £C7 , house within some enclosed lot, and not standing or being;the^of t0 repair, withifl twenty-four hours after the arrival Commis 7,° •fV th t a h ' th - ti • 'i f a aforesaid, to the nearestcity or town, and make a report to coloured ZSRt J te:.Ani be ^ further maeted by the authority aforesaid, ^ intd„dant, or other .chief, magistrate thereof, of K- ZZT 7hmth9 ,f Sa.k> a?e a°d T s"cc^ors any coloured persons on board of his said vessel, and give byS, 1" "Hi™ ye hereby, vested with full power, and authority to bond ^eabl to the provisions of the fifth section of the s by-laws^ and regulations as will most effectually act paSled the twentieth day of December, eighteen hundred iutoeffect. enforce and carry into effect the provisions of this act, either and twent ix> under tHe penalty of one hundred dollars Pena,* for by imposing, fines or corporal pumshipent op any slaves for every 6uch person omitted to be so reported and bonded.— or free persons of colour offending against this act, or an, § Be it prthei. enacted T6af the'^yd penalty shall F«-t. yiaW»ndhvihme' ,hr- ^.commissioners of said village beSsaed for and recovered in the same, manner as is pre-frA under and b, the authority hereof, or by removing the offen- scrifaed in the sixth section of the Said act,-passed on the - der or oftenders beyond the corporate limits of said village; twenfieth da of December, eighteen hundred and twenty- Promded, that no by-law to be passed by the said com- six, aforesaid, entitled " An Act to amend an Act, entitled . missioners shall violate the laws and con^.tution of this An Act supp|eIn?ntary t0 an Act more effeelually to enforce o . p, l u " an Act, entitled An Act prescribinar the mode of manumit- Speaker of the House of Representatives. ting Slaves in this State. and atso preyent the inveigiing 1 JrlUiViAb blOLKb, and juegai carrying out 0f the State Rersons of Colour." . President of the Senate. ° ' IRBY HUDSON Assented to, December 24th 1827 Speaker of the House of Representatives. JOHN FORSYTH, Governor. THOMAS STOCKS, ' President of the Senate- [No. 1274.] AN ACT to alter and amend the Patrol Laws in this Assented to, December 26th, 1827. State so far as respects the Counties of Laure7isx JOHN FORSYTH* Governor- SLAVES.—1829. 413 [No. 1276.} AN ACT to be entitled An Act to amend the several Laws now in force in this State regulating Quaran- tine in the several seaports of this State, and prevent the circulation of written or printed papers within this State calculated to excite disaffection among the co- loured people of this State, and to prevent said people from being taught to read or write; and to repeal the Act, assented to the ninth December, eighteen hundred and twenty four, entitled An Act to repeal the Law of eighteen hundred and seventeen, prohibiting the intro- duction of Slaves into this State. ^ Preamble. Whereas, it has become highly necessary and essential to ^ the welfare and safety of the good people of this State, that merchant vessels or ships coming by sea from other States or countries with free persons of colour acting as mariners or stewards, or in any other employment or capacity on board such vessel or vessels, should perform quarantine, and that means be adopted to prevent such persons of colour from coming into this State, or from communicating with the coloured people of this State ; Ships or Be it therefore enacted by the Senate and House of Repre- :omfng in- sedatives of the State of Georgia, in General Assembly met, 0 ports of and it is hereby enacted by the authority of the same, That ?avingafree aH ships or vessels coming into any part of this State by tegroes or sea from any p0rt or place in any other State, or any foreign lersons ot , . •% -% n /» /» «iour on country, having on board any free negro or free person ot ecuo |ub~ c°lotir employed as a steward, mariner, or in any other capa- luarantine city, or as a passenger, shall be subject to quarantine for the a/s.ny space of forty days ; nor shall it be lawful for any negro or 1 person of colour residing in this State to go on board of such ship or vessel while riding quarantine, or to have com7 munication with any such coloured person on board of said c vessel for any purpose whatever, while she is so riding qua- rantine. i>ny free § 2. And be it further enacted, That if any free negro or !e?son°of Person of colour so coming in the said ship or vessel shall o'ou^who come on shore, or have any communication with any person m^horejor of colour residing in this State, while the said ship or vessel nunicatioa ke "ding quarantine as aforesaid, such negro or per- , vith such son of colour shall be immediately apprehended and com- Murinhg°the mitted to the cqmmon jail of the county where he shall be ijaran apprehended ; and the mayor or intendant of any city or town >e arrested within this State, or any judge or justice of any Superior tlomd!mpri or Inferior Court of this State, is hereby authorized and re- " quired to issue a warrant or warrants directed to any sheriff, 1 or marshal, or constable of any ciiy or town, or sheriff or ' lawful constable within this State, for the apprehension of i- such free negro or person of colour, and to commit him or ■ , her to any common jail within this State as aforesaid, there 1 to remain until the said ship or vessel shall be actually de- £ parting from the waters of this State, or shall be hauled off f from the wharf and ready to proceed to sea, or until he or t she shall be otherwise discharged by law. J'ffegroes or § 3. And be it further enacted, That if any negro or per- loiourcom- son of colour shall communicate with any free negro or 'vlthsuch8 Person c°l°ur so coming into this State, while the said ».;n board ship or vessel i9 riding quarantine as aforesaid, such negro f'rresied be or person of colour so offending shall be forthwith arrested ijind whip- fey a warrant, to be issued by the authorities and in the man- f ' ner hereinbefore provided and .directed, as is hereinbefore It provided, and on conviction thereof [by] any mayor or intend- [i! ant, judge or justice as aforesaid, before whom the said war- „i rant shall be made returnable, shall be sentenced to be whip- j ped not exceeding thirty-nine lashes. 1 Vhenthe § 4. And be it further enacted, That when said vessel is eadyto ready to sail, the cap'tain of the said vessel shall be bound .aii, the to carry away the said free negro or person of colour, and Suo to pay the expenses of his detention ; and in ease such cap- ! iaidy 0f the State of Georgia, m General Assembly met, and it ^art sh^l Ind may offer exceptions in writing to such?** SSTJU. '/' enacted by the aai^nty of the same, ,rhat 'decision, which sha.lt be signed by such party or his or her Sj- n^.br from and after the passmg of this, act, the wilful and mah-. 4tt6r ' nd !f tbe Bame sba]1 he overruled by said court, S" Jets,". !>""«ng <« seUl°S fire to,.or attempt,ng to burn a- tbe pa$ making the exceptions may on twenty days' no-«i*i of .bouse in a c.ty, town, or village, when committed by a slave . tice tbe jte part or his or her -attoniey, apply to SS T„°f *» jodgesofUieSnp^or Court, ^mbif fdi judge & Bumingor 9 z- Anaoeu junner enactea oy me aumoruy ajoresaia, Tghall deem the exceptions sufficient he shall forthwith issue one of the ffKfi* T5at the W!lfu.' ?-nd meboi°us burniHg^a .dwelbng-house.on a wrft of certiorari tas'aid justices, or to the clerk of the house not »&™» or plantation, or elsewhere (notan .a city, town, or Inferior Court, as the case may be, requiring the proceed- "»«•« .£?£? «Uago), or the setting fire thereto^ the night-time, when-; in sajd mat(er to [be] certified and sent to the Superior ftS." h?"se's1ac!ui>«y occupied by a person or pqrsons, Court „ext to be held in and for'the-coiinty in which SK3 7th the,,ntent t0 b"r" ,the 7'v'"hen .eot^tted-br. proceedings or trial may have been had ; and.at the term 3&S& with.death. of-the'court to which" such proceedings .shall be certified, KEL J wV f* ena x a: shall order the said judgment and sentence to be suspended foity d»yi Speaker of the House of Representatives. ^ ,be final ordeJr ajjd decision of said Su ior THOMAS STOCKS, , shallbte had in the cause. ' JJ-Jf, Assented to December 22d 1829. '' WARREN JOURDAN, %*■ GEORGE R. GILMER, Governor. Speaker of the^House^iff R^e^mmtives. :— . ' President of the Senate. AN ACV to alter the e^ond section of the Met to '"'^^geORGRR.' GILMER, Governor. the Act of seventeen hundred and seventy, passed De- .' - . cembm tenth, eighteen hundred and three,, so farnas AN ACT to prohibit the employment of Slaves and/reepi..® reaes o e City of Augusta. Persons of Colour in the setting of types in printing" So much of B$it enacted by the Senate and House of Representatives offices in this State. a^owsCtas °f ^ie State of Georgia, in General Assembly met, and it is Be it enacted by the Senate and House of Representatives owners of hereby enacted by the authority of the same, That from and of the State of Georgia, in General Assembly met, That noBOnofw permit10 after the passage of this act, so much of the above-recited slave or free person of colour shall be employed in the set- ' hiretheir act as ^ows' or may construed to allow, any owner or ting of types in any printing-office in this State ; and that time in the owners of any slave or . slaves within the city of Augusta any owner or proprietor of a printing press, or any person prinw^ to permit his, her, or their slave or slaves, for a consideration having the charge and control of a'printing press in tbisj^j,, pealed. or otherwise^ to have, hold, or enjoy the privilege of labour- State, shall use or employ a slave or free person of colour gemns ingi or otherwise transacting business for him, her, or them- in the setting of types, or shall suffer a slave or free personty ^ selves, either upon the premises of said owner or owners, of colour to be so employed in his office, such owner, pro- or elsewhere in1 said city, be, and the same is hereby re- prietor, or person shall forfeit the sum of ten dollars for or TAX.—1820. 415 tots of said every slave or free person of colour who may be so em- preafc ployed on any day or part of a day, to be sued for and re- covered by an action of debt in the justice's court of the district wherein the offender may reside, by and in the name and to the use of any person who shall prosecute for the same. When § 2. And be it further enacted by the authority aforesaid, leveraT6 wh?n there are several owners or proprietors of such nvners or press,the suit herein authorized shall and may be brought iropnetors 1 . ' ° ' he suit against any one or more of the owners or proprietors who may "ou«bht resident in the county wherein such offence may be com- igainst one mitted, or against the person having the charge and control of hera?re°f the printing press in the office or house in which the offence may have been committed ; and the process shall require t the defendant or defendants to answer in an action of debt i for a breach of the provisions of this act. 3 WARREN JOURDAN, il Speaker of the House of Representatives. J' THOMAS STOCKS, r" President of the Senate. }' Assented to, December 22d, 1829. GEORGE R. GILMER, Governor. >• i28i.] AN ACT to regulate Slaves and free Persons of Colour in the towns of Clinton and Macon. , o slave or Be it enacted by the Senate and House of Representatives XC of the State of Georgia, in General Assembly met, and it is "wed to hereby enacted by the authority of the same, That from wseof and after the passage of this act, it shall not be lawful for ri enfor1" anf s^ave or ^ree person of colour to keep a house of enter- ;>d'goods, tainment, or to vend any goods, wares, merchandise, spiritu- , irporawj6 ous lffiuors, or provisions for their own profit (other than Clintonf W^at allowed by the existing laws of this State), within ti.mton. ^ corp0rate 0ptown Qf Cdintdn, fo slave § 2. And be it further enacted, That no slave shall be ^hirehfs allowed to hire his or her time from his or her owner or ^me of his manager, nor shall anv slave be allowed to work or carry on .vner, or , ° ' 7 , J ■', carry any traffic upon his or her own account, or for the purpose Procuring a livelihood, or raising mony'to pay his or her herein. hire-wages within the limits aforesaid. ^ o persons § 3. And be it further enacted, That it shalljnot be lawful for ! avesto any person having the ownership or management of any slave 'hirethem °r s^aves to suH*er such slave or slaves to hire his, her, or their 'leirTime. .time, or to go at large seeking employment at the discretion f^o person of such slave or slaves within the limits aforesaid ; nor shall :?ri"reed ^ he lawful for any person to hire any slave and permit such iCem- slave to work or carry on any business of traffic for his or her i' own benefit or account within the limits aforesaid, icot lawful § 4. And be it further enacted, That it shall not be lawful So f°r a°y person being the owner of having the management or ''ause or contr°l any house or tenement in said towns to rent the nementto same to any slave or frelp person of colour, or to suffer any ^?freeper- ^ree Person colour or slave not his or her own property ilpn of co- to occupy the same, nor shall it be lawful for any owner or manager of any slave to permit such slave to live in any house or tenement in said towns, unless the game be a kitchen or out-house within the enclosed premises whereon the said owner or manager resides. § 5. Arid be it further enacted, That any white person of- Any white fendihg against the provisions of this act shall be liable to E^g0'" be presented or indicted before the Superior Court for such ^{l8tf)£i8 offence, and on conviction thereof shall forfeit and pay a fine feit a°d°r~ of thirty dollars for each and every such violation, one half to ^30fine belong to the informer, or prosecutor, and the other half to be paid over to the commissioners of the roads, to be ap- plied to the improvement of the streets of said towns. § 6. And be it further enacted, That every slave or free Slaves or person of colour who shall offend against any of the provi- ^nsofco- sions of this, act shall be liable to and receive not less than }°"dforof" twenty nor more than fifty lashes for every time he or she hoVpu- shall offend, to be inflicted by the constable of the district in DiShed- which said towns are situated. § 7. And be it further enacted, That the justices of the Justices of peace of the district in which said towns are situated, or [nu^dis- either of them,- shall have jurisdiction and cognizance of all ^rcitstd an(l the corporation officers of all cities, xhibiters towns, or villages within this State, or any one or more of them, to exact and collect from all proprietors or exhibiters not less of shows a sum not exceeding fifty nor less than five dol- t^5a°r lars for each and every day that shall exhibit shows of any kind within any corporation or county of this State. § 2. And be it further enacted by the authority aforesaid, inwhat That all sums so collected within the limits of any corpo- m®neyrtl)Ug ration shall be applied, by the officers of such corporation, raised shall to such purposes as they -may deem proper within the limits printed!0* of their official jurisdiction ; and all sums so collected by the justices of the Inferior Courts, or justices of the peace, 416 EXTRA, TAXES.—1821. without the limits of any corporation shall be appropriated taxable property, to the receiver or receivers of tax returns« How col- to county purposes ; which said fines and penalties shall be of the respective counties within which such lottery ticket lected. collected in the same manner as other fines and. penalties or tickets may have been sold, and shall pay the sum of How and are collected under the existing laws of this State. twenty-five per centum on the amount of the price for which ' DAVID ADAMS, such lottery ticket or tickets may have been sold to the tax Speaker of the House of Representatives, collector of the proper county, for the use of the State; laied MATTHEW TALBOT, and on failure to keep such account or make such return as Fine or President of the Senate, aforesaid, the said person or persons shall forfeit and pay Assentedto, December 21st, 1820. - •V ' JOHN CLARK, Governor. $500 to be i - • ii r l ?ollected Assented to, December 18th, 1820. ( , the surri of five hundred dollars to the tax collector of the wain JOHN CLARK, Governpr.' county within which such' lottery ticket or tickets may have fromtbe, J been sold, to be recovered (if not paid at the same lime j£|Jree™. jno. 1283.] AN ACT to raise a Tax for the support of Govern- that other taxes are) by execution and sale of the.individual merit for the Political Year 1821. and joint property, or either, of such person or persons, as The Tax Be it enacted ly the Senate and House of Representatives Prescribed by law in cases of other executions>qt tax col- &c. coiiii-7' °f the State of Georgia, in General Assembly met, and it is- ec ors" . • Sneake* of the House of Representatives nuedin hereby enacted by the authority of th$ same, 1 hat the act, 1 . P f m a ttwi?w ta i rot 0rce" passed thd 19th day of December, 1817. entitledu An Act to , ' ' - x> -a ♦ c a' raise a Tax for tfie support of Government for the political 1 ' Presiden o e Senate. Exception, year, 1818," except as relates to the tax on change hills or proviso. &n(j jsguej unchartered banks, which said change bills and bills issued by unchartered banks shall pay thirty-one ^ - _ - . ' ' ~ • - and a quarter cents for each.hu„dred dollars issued ?nd in AN. ACT to raise a Tax far the support of Government circulation, together with all acts and. parts of;acts which f°r the political year eighteen hundred and twenty two. said act revives or continues, be, rind the same are hereby # y [• Beit enacted by the Senate and House of Representa- TJieTai continued in force for and during^ the political yeai; eighteen1 i}ve(t °f the State of Georgia, in General Assembly met, and it hundred and twenty-one. . v- is hereby enacted by the authority of the same, That the act 1817 con- A tax on - * § 2. And be it further enacted, That there shall be'an- Pa.ssed the l9tb day of Decembel, 1817, entitled " An Act SJ Employed "^y Paid to the State a tax of thirty-one apd a quarter to raise a tax for the support of government for the political by the Pre-cents on every hundred dollars'value of stock operated upon year 1818," except as relates to the tax ort change bills proyisa pfrectorsof or employed within this State by the president, directors, and apd .bills issued by unchartered .banks, which said change toe steam- company of the Steamboat Company of Georgia* which, bills and bil,s issued by unchartered banks shall pay thirty- . pany. °m tax shall be assessed and collected in the manner following; one and a quarter bents for each hundred dollars issued and How and viz. it shall be the duty of the said president, directors, and ™ circulation, with all acts and parts of acts which said act ! mmuit company of the Steamboat Company of Georgia, to cause revives or continues, together with the second, third, and shall be as- the treasurer theredf to transmit to-the treasurer of the State sections of an act passed the 21st day of December, 1820,' Swecte!1"* annually a return, sworh to by him before some justice of " to ra^se a tax ^or the sqpport of government for the poli- the Inferior Court or of the peace, in which shall fie stated tical year 1821," be, and the same are hereby continued in the amount of the capital stock actually paid,in on .the first force, for and "during^ the political yCar eighteen hundred and day of January preceding the ,term of making such return ; twenty-two. • . , and on or before the first day of December in each year §'?• And be it further enacted by the authority aforesaid, stocky cause to be paid into the treasury, free of costs or deduction That the like sum of thirty-one and a quarter cents shall be states' whatever, the said sum of thirty-one and a quarter cents on |evi^d arid collected, after the first day of January next, upon JjJ v every hundred dollars of capital stock returned in manner every huqdred dollars' value of stock owned by any individual . ' aforesaid ; and on neglect or refusal of said president, direc'- pf^this State in the bank of the United States ; Provided, Proviso. , tors, and company of the Steamboat Company of Georgia nothing herein contained shall be so construed as to require 9 s. to make return or to pay the tax in the manner herein the. auctioneers of Darien and St. Mary's to pay more than pointed out, it shall be lawful for the treasurer of the State, twenty-five dollars. and it is hereby made his ditty1, immediately after the first § ?• Arid be it further enacted, That so much of this act So much^ day of December, ia,each ye^r, to issue his execu tion against as relates to taxing the capital stock of the office of dis- as relate* the said president, directory and company of the Steam- count and deposite of the bank of the United States, passed {j^j? boat Company of Georgia so ineglecting or refusing to makb the L9tlv December, 1817, be, and the same1 is repealed. 1 return and priy the tax aforesaid which execution shall be ^ ' DAVID ADAMS, fiJofV directed to the sheriff of Richmond county, and shall be Speaker of the House of Representatives. issued for an amount equal to thirty-one and a quarter cents - MATTHEW TALBOT,. the united ' on every hundred dollars of the capital stock actually sub- - - ' President of the Senate, • t scribed for in thq bank of the State of Georgia. v Assented to, December 25th,. 1821. peaied. That part § And be .it further enacted, That so much of the Y JOHN CLARK, Governor. S SiatS** to raise a tax for the support of government for the p0: cessary to litical year 1818 as is necessary to carry into full and com- AN ACT to authorize the Justices of the Inferior Court tNo-12851 effect this P'e!e any Part tb's act be, and the same is hereby of Baldwin County to levy an extra Tax for County Actranti- declared in full force arid power; any law to the contrary purposes. force."1' notwithstanding. . , Be it enacted by the Senate arid House of Representatives Lottery § 4.- And be it further enacted by the authority (foresaid, of the State of Georgia, in General Assembly met, and it is ^Baldwin whhin this That and ®ver7 Person and persons who shall, after the hereby enacted by the authority of the same, That the jus- state with- passing of this act, sell a lottery ticket or lottery tickets tioes of the Inferior Court of Baldwin county be, and they thoritytax- within this State without the authority of the State, by are hereby authorized to levy an extra tax on the inhabitants ed- an act of the Legislature for that purpose first had and ob- of said county, which shall not exceed one-fourth part of the tained, shall keep a fair and correct account of the number general tax, for the purpose of building and repairing bridges, of lottery tickets so sold, and of the price or sum for which and other county purposes. they may hai^e been sold, and annually make due return § 2. And be it further enacted, That the said extra tax Howwi- thereof upon oath, at the time required for the return of shall be collected by the tax collector of said county for thelect ' EXTRA TAXES.—1820. 417 time being, whose duly it shall be to pay over the same to scription thys made, and to levy an extra Tax for the HroWria£d tlie Inferior Court thereof, to be appropriated by them for purpose of defraying the expenses thereof Pr0P"a" ' the purposes aforesaid, after deducting the usual per centum enacted hy the Senate and House of Representatives The Jus- for collection. DAVID WITT, of the State of Georgia, in General Assembly met, and it is inferiorlhe Speaker of the House of Representatives, hereby enacted by the authority of the same, That from and ".jm of MATTHEW TALBOT? immediately after the passing of this act, the justices of the county President of the Senate. Inferior Court of the county of Wilkes, or a majority of them, ^"employ1 Assented to, December 22d, 1820. shall have power, and the same is hereby made lawful for someone JOHN CLARK, Governor, thern to appoint and contract with a fit and proper person gcribethe to transcribe the surveyor's books of the saidi county ; and hUTy°&e [No. 12S6.J AN ACT to authorize the Inferior Court of Jones County the transcription thus made shall, and is hereby given the and make | to levy an extra Tax for the purpose of building a same validity in law as the originals. transcript. Jail, and other purposes, § 2. And be it further enacted by the authority of the same, For that An extra Be it enacted by the Senate and House of Representa- That the said justices, or a majority of them, shall be author- extrPa°ta: tax ^to Jones tives of the State of Georgia, in General Assembly met, and ized, and it shall be lawful for them ,to .levy an extra tax on notexceed- "County, ii is hereby enacted by the authority of the same, That the the inhabitants of said county, which shall not exceed twenty- in«25per fi justices of the Inferior Court of Jones county, or any three five per centum on the amount of the State tax'now imposed ; generaUwu or more of them, shall have power to levy an extra tax on which said extra tax shall by the said justices, or a majority iceeV^fir ^ie "^a^'lants °f sal or a majority of them, be imposed yearly, unul a suf- 1 the same. DAVID WITT ficient sum shall be raised to defray the expense of building Speaker of the House of Representatives, a court-house in said county. MATTHEW TALBOT § ^ ■ tf' farther enacted, That when said tax shall £^co1" President of the Senate. ke imPose<' as ahove pointed out, the tax collectors of said Assented to,. December 22d> 1820. * county of Warren for the time being shall, and they are hereby JOHN CLARK Governor, authorized and empowered to collect the same ; and the said collectors shall be bound to the Inferior Court of said county in a bond with ample security for the collection and imme- [No. 1288.] AN ACT to authorize the Justices of the Inferior Court diately paying over the amount so collected to the clerk of of Wilkes County to appoint and contract with a fit the Inferior Court of said county, to be paid by said court Howap- and proper person to transcribe the Surveyor's Books to the undertakers of the court-house, or so much thereof propriate<1* of the County of Wilkes, to give validity to the Iran- as shall be sufficient to discharge their just demands against Ggg «8 EXTRA TAXES—1821. said county, and the balance^ if any, shall be appropriated' AN ACT to authorize the Justices of the Inferior Court tKa to county purposes. ' °f Laurens County to levy an extra Tax for County What the § 3. And be it further enacted, That the tax collector of " purposes. i"toS>au said coun■, —-• sary county purposes. . . . . AN ACT to authorize the Inferior Court of Appling [No. mj How coi- - § And be it further enacted, That when said tax shall County to levy an extra Tax for the purpose of build- levied. be imposed as.'above pointed out, the tax collectors of the ' inga Court-house andJail in said County. county of Oglethorpe for the time being shall be, and they . , D, TT - „ ... are .hereby authorized and empowered to collect the same ; 1 § Be ?'hy the Senate ynd House of Repre- and the said'collectors shall be bound to the Inferior Court eentalives of the State of Georgia, jn General Assembly met, in said county, with good and sufficient security, in a sum '%**? hereby enactedbytheauthority of the same, That"™" double the amount to' be collected in each year ; which the justices of 'he Inferior Court of the county of Appling bond the said court are hereby authorized and required to i!f0"z?d and re1ulred t0'leuv\a" ex,ra tax °" demand and take, for the collection and immediate paying the inhabitants of Appling county, which shall not exceed , oyer "the amount of said tax to the clerk of the Inferior Court ?ne.fourth part.of the-general tax, for the purpose of budd- How-np- ofsaid county, subject to be paid out by order of said court, ln^gQ?u^"ho"^,e 1"®aid^ounty* • l»»rm»d. „ mj be necessary from time to tiine for defraying the ex- $ 2; An/be ''further enacted, That the tax co lectorfor the pehses of building the court-house in said county, and for co"nty of Appling; is hereby required. to collect tlje said other county purposes , extra tax at, the same time and upon the same terms that he Collectors* .{.* And be it further enacted,. That the said tai-eolt'. ft* intothe compensa- lectors of said county shall be allowed two and one-half ba«ds of the. clerk of the Inferior Court of said county. - per cent, upon the amount of tax each, year levied by the y$ * 4* be « father enacted, That the justices of the a«* said Inferior Court, and collected and paid over by said col- Inffnor ?™rt of ^PPlmg co»nty ar° authorized" lectors to the clerk of the Inferior Court. - , and required to apply the money so collected for the purpose - . DAVID ADAMS above mentioned. * r . ' «■" . 1 Speaker of the House of Representatives. / < -(Q , r., DAVID ADA.MS, , MATTHEW TATTtOT * Speaker of the House of Representatives. President of ffie Senate. ■' * MATTHEW TALBOT ' Absented to, December 2d, 1820. - .. ; , _ , „ ' President ofjhe Senate. JOHN CLARK, Governor. Assented to, December lSlh, 1821. . • • . . ■ JOHN CLARK,- Governor. [No. 1291.] AN ACT to repeal an Act to authorize the Justices of A AT A ^rp . ■ 7 . 7~ , , 7 „ lM1 * the Inferior Court of Glynn County to levy an extra AN A~T • ex?la™an Act, passed the twenty-second De- ■: Tate for the purpose of building a Jail in said County. c^r' ef^hundredand twenty, to aulltorize tk T,«Ac. 1 §1 .LuenLedbythi Senate fnd House of RepreseJa- ^slices of tlwlnfenor Court of Liberty Countyto authorizing tives of the State of Georgia, in General Assembly met, and 1 ex^ra Tax for the purpose of building a Jail in faxln™ 1 it is hereby enacted by the authority of the,same, That the s County. fsi^rei11 act passed on the 13th day of December, 1819, to authorize Whereas, some doubts have arisen whether the above- Pres®* pealed. the . justices of the Inferior Court of Glynn county to levy recited act has given to the justices of the Inferior Court of an extra tax for the purpose of building a jail in said county Liberty county the power necessary to enable them to levy be, and the same is hereby repealed. an extra tax for the purpose of building a jail in said county; > , * DAVID WITT, . Beit enacted by the Senate and House of Representatives ti*^ / , Speaker of the House of Representatives, of .the State of Georgia, in General Assembly met, and it is i, , , . MATTHEW TALBOT, hereby enacted by the authority of the same, That the tax ( " • , President of the Senate, authorized to be levied and collected by the act before reqited prin^ Assented to, May 16th, 1821. shall be considered an extra tax, to be applied to the purpose JOHN CLARK, Governor, of erecting a jail in said county, independently of the annual EXTRA TAXES.—1821. 419 tax usually levied for county purposes, any law to the con- trary notwithstanding, DAVID ADAMS, Speaker of the House of Representatives* MATTHEW TALBOT, President of the Senate. Assented to, December 15th, 1821. JOHN CLARK, Governor. 0. 1295.] inklin unty al- red an ratax. ' col- v ap- iriated. AN ACT to authorize the Justices of the Inferior Court of Franklin County, or a majority of them, to levy an extra Tax for the purpose of rebuilding the Jail of said County. § 1. Be it enacted by the Senate and House of Representa- tivesof the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the said justices, or any three of them, to levy an extra tax on the inhabitants of said county, not ex- ceeding the one-half of the State tax, as charged on the receivers' books. § 2. And be it further enacted by the authority aforesaid, That it shall be lawful for the justices aforesaid to require additional bonds of the tax collector of said county, for the faithful collection of said tax ; and said collector shall, as soon as directed by said justices, proceed to collect and pay over the tax so levied as aforesaid, to be applied to the erection of a new jail in said county. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate, k Assented to, December 21st, 1821. JOHN CLARK, Governor. 11296.] ACT to authorize the Justices of the Inferior Court r of Wilkinson County, to levy an extra Tax for the support of the Poor. jkinson § 1 .Be it enacted by the Senate and House of Repr^senta- jdan tires of the State of Georgia, in General Assembly met, and i tax. it is hereby enacted by the authority of the same, That the justices of the Inferior Court of Wilkinson county, or a ma- , jority of them, be, and they are hereby authorized to levy an j extra tax on the inhabitants of said county, for the year eighteen hundred and twenty-one, not exceeding one-half of dated £eneraltax sa^ county, and to apply the same to the 'Ia e' support of the poor. ,dco1' § And be it further enacted, That it shall be the duty of the tax collector of Wilkinson county for the year eighteen hundred and twenty-one to collect the said extra tax, and he shall be allowed two and a half per centum for collecting and paying over the same; and if the said tax collector shall fail to pay over the said tax when collected, it shall be lawful for said justices to proceed against said collector, as they are authorized on failure to account for other county taxes. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 24th, 1821. JOHN CLARK, Governor. t297.] AN ACT to authorize the Justices of the Inferior Court of Jefferson County to levy an extra Tax for the pur- pose of building a Jail in said County. rson § 1. Be it enacted by the Senate and House of Represent- 1 an'" atives of the State of Georgia, in General Assembly met, and 'ax. it is hereby enacted by the authority of the same, That the justices of the Inferior Court of the county of Jefferson be, and they are hereby authorized to levy an extra tax on all persons and property in said county, liable to taxation, for the purpose of building a jail therein; Provided always, nevertheless. that the said tax shall not exceed more than one- gg2 fourth of the general tax, nor continue in force more than three years. § 2. And be it further enacted by the authority aforesaid, How eoj- That the tax collector for said county shall collect and return ,€Cle December 25th, 1821. JOHN CLARK, Governor. AN ACT to authorize the Justices of the Inferior Court rN°. 1295.3 in the several Counties in this State to levy extraor- dinary Taxes for County purposes. Be it enacted by the Senate and House of Representa- The ^sthe tives of the State of Georgia, in General Assembly met, inferior and it is hereby enacted by the authority of the same, ^°u^3v°rfaI That from and after the passing of this act, the justices of Counties the Inferior Court of the respective counties in this State, f0Utiev"Zex or any three of the bench of justices of the said court in {j,a°rsdinar any county, shall have power, whenever in their opinion and shall the exigencies of their respective counties may so require, gamecof- to levy upon the inhabitants of any county in which the said lected. justices may preside a tax extraordinary of the general ' State tax, and shall be authorized to have the same collected by the tax collector for any county in which such tax may be levied by them; Provided, that nothing herein contained Proviso, shall be construed to authorize the justices as aforesaid, to order any levy which shall exceed fifty per centum on the general State tax annually ; Provided, this act shall not be construed to extend to the repeal of an act passed on the second day of December, 1820, authorizing the Inferior Court of the county of Oglethorpe to levy an extra tax. § 2. And be it further enacted, That no extraordinary tax shall be levied and collected by the Inferior Courts, as by bj thi«e this act contemplated, unless two-thirds of the grand jury of the county shall first recommend the same at a regular term of the of the Superior Court. ?y7.'com~ § 3. And be it further enacted by the authority aforesaid, ^gdutv That it shall be the duty of the tax collector of any county 0f theua in which an extraordinary tax may be levied in the manner collector- provided in the foregoing section of this act, upon being re- quired to do so by the justices of the Inferior Court, or a majority of them, to give bond and approved security to the justices aforesaid, or their successors in office, in a sum not exceeding double the amount of the extraordinary tax as- sessed, conditioned for the faithful collection and payment of the same into the clerk's office of the Inferior Court, there to remain subject to the order and application of the jus- tices of the Inferior Court for county purposes; and the col- Hi* lector shall be entitled to the usual commission for collecting pensa 10 any such extraordinary tax to be assessed and levied as aforesaid. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 19th, 1821. JOHN CLARK, Governor. AN ACT to authorize the Justices of the Inferior Courts [No. 1299.1 of Putnam and Jasper Counties to levy extra Taxes for County purposes. § 1/ Be it enacted by the Senate and House of Represent- 42a Putnam and Jasper Oountiesi allowed ' an extra , tax of fifty per cent. How col- lected.. 1 How ap- propriated. TAXES.—1822. ; ativts Df the State of Georgia, in General Assembly met, and, it is hereby enacted by the authority of the same, T|iat the jusn tides of the.lufefioF Courts of Putnam and Jasper counties respectively be, and they are hereby, authorized to levy e*f tra taxesion the inhabitants of. said counties respectively,) which shall not exceed ififty per cent, on the general, tax* for- the purpose of; being applied'to such county purposes as said courts respectively shall deem and Consider necessary. § 2. And be it further enacted by the authority aforesaid, That said extra taxes shall be collected by the tax Collectors of Said counties respectively lor the time being, whose duty, it shall be to pay 6ver the same to the Inferior Courts thereof respectively id fie appropriated by them respectively for the purposes aforesaid^ after deducting the usual per centum for collectiori. 1 i -' ; v . , . , DAVID ADAMS,; Speaker of the House of Representatives: . r, < J . MATTHEW TALBOT, ' President of the Senate. Assented to, December 25th*,. 1,821. ■> > - - , ,, ,JOILN CLARK, Governor. Preamble. Baldwin allowed an extra tax. {No. ]3oo.] AN ACT to amend the second section of an Act, enti- tied An Ad to authorize the Justices of the Inferior■ . Court of the^ County of Baldwin to levy an extra Tax, which shall riot exceed the one-half of 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. - . • Whereas, by the second section of said act the jail for the county of Baldwin is directed to be located on the' rtorth-east' corner of the penitentiaVy-sqtiare ih the town of Milledge- ville, which has been found to be inconvenient and unsafe Beit therefore enacted by the Senate'and House of Repre- sentatives of the State of Georgia, in General Assembly met, - and it is hereby enacted by the authority of the same, That the jdstices of the';Inferior Court of the county of Baldwin bei and they are hereby authorizedAo build' the new jail on some other part of the said square which shall be more con-' venient to the"court-house, and better calculated to secure all persons therein confined; Provided, that the jail shall not be placed nearer to any dwelling-house than one hun- ' , dred yards. 1 , ' - - v > , ALLEN DANIEL, p '' N 1 Speaker of the1 House of Representatives: , _ MATTHEW TALBOT, '1 v' ' - President of the Seriate. Assented to, December 9th, 1822. * , JOHN CLARK,'Governor. [No. 1301.] AN ACT to authorize the Justices bf the Inferior Court of Mcintosh County to purchase ohe-lialf or all the Jail and lot of ground in the City of Darien from the Mayor and Aldermen, and to empower the said Justices to levy an extra Tax on the recommendation of the Grand Jury. ' The infe- Be it enacted by the Senate and House of Representat ives of Mel"-' °f the State of Georgia, in General Assembly met, and it is t^author"' ^ereby enacted by the authority of the same, That from and ized to levy after the passing of this act the justices of the, Inferior anextra Court of the county of Mcintosh be, and they ar6 hereby authorized to purchase one-half or all of the jail built by the mayor and aldermen of the city of Darien, and to purchase one-half or all of at least one acrei of land'aronqd the jail, to'purchase § 2* ^/urt^er enacted by the authority of the same, a part of That if the.justices of the Inferior Court of Mcintosh county the jail lot. shall purchase half or all of the jail and lot of ground in the city of Darien before described, they shall be authorized by consent of the grand jury to levy an extra tax on the inha- bitants of Mcintosh county, not exceeding twenty-five per cent, over, and qbov? the tweotyfiye per cent, the justices of the Inferior Court ore npw authorized-.to levy by law ; Pro- Proviso tidedi tbe extra tax provided fop by this act shall not be con- tinued to be levied for a longer time than will pay the mayor ajid aldermen thp purcfiase-money to be agreed on. § 3. And be it further enacted,* That if the justices ofwhatshair the-Inferior Court aforesaid shall purchase only one-half of ^eco!mtf the jail and lot aforesaid, then the appointment of the jailer shall.be jointly between'the mayor and aldermen hf the city haJrVte of Darien and the justices of the Inferior Court of Mcintosh JaiU county, and the profits,.if any, and,the expenses of the jail shall be jointly between the county of Mcintosh ?nd the in- corporation of the city of Darien. , '' §-4. And be it further enacted> That all laws and parts Repealing of laws heretofore passed militating against this act be, and clause' the same are hpreby repealed. . ;• ALLEN DANIEL, 1 Speaker of the House of Representatives. ' MATTHEW ;PA LBOT, ' N v . President of the Senate. Assented'to, December 19th, 1822.. " ' < JOHN CLAI.RK, Governor. AN ACT to raise a Tax for thp support of Government [No. mj for the political year *eighteen huiidred and twenty- three. 1. ■ Be it enacted by the Senate and House of Representa- The tax tives'of the State of Georgia, in General Assembly met, *acSged (hr and it is hereby enctcted by the authority of the same, That the act, passed tlie nineteenth day of December, eighteen hun- other pam dred and seventeen, entitled u An Act to raise a tax for the s'uppdrt- of government for the political year eighteen hun-vivedand dred and eighteen," except as relates to the tax on change i^force. bills' and bills issued by unchartered banks, shall pay thirty- one and. a quarter cents for each, hundred dollars issued and in circulation, with all acts and part3 of acts "which said act revives or continues, together with the setfond, third, arid fourth sections of ah act passed tlie twenty-first day of December, eighteen hundred and twCntyi, " To raise a tax for the support of government for the political year eighteen hundred and twenty-one," be, and the same are hereby con- tinued in force for and during the political year eighteen hundred and twenty-three. ' ' . ' S 2. And be it further enacted by the authority aforesaid, stock in rriL . i' 1-1 f l* a J . " . u II . the UmteiP 1 hat the like sum of thirty-one and a quarter cents shall be states' levied and collected, after the first day of January next, ®®nnkd ^ liporf every hundred dollars* value of stock owned' by any individual* individual of this State in the bank of the United Stales ; g^8 Provided, nothing herein contained shall be so construed as to require the auctioneers of Darien and St. Mary's to pay r° more than twenty-five dollars. - § 3. And be it further enacted by the authority aforesaid, That so much of this act as relates io the taxing the capital 0f i8i7 slock of 'the office of discount and deposhe1 of the bank of the United States,-passed the nineteenth day of December, Mocku0nfjte(, eighteen hundred and seventeen, be, and the same is hereby g]ategnie repealed. . ' repealed. § 4. And be it further Enacted, That all and every person Persons making returns for taxable property may, at the time of nath „iay taking the oatfi prescribed bylaw, make an exception of such property as they on their said oath believe to have been or will be returned by some other person. § 5. And be it further enacted, That the tax collectors' Jnm^natllht bonds in the several counties of this State shall be taken tax coi- for at least double the amount the tax of the said county is Sshaii liable to pay, which bond shall be recorded in the clerk's ^*^jlere office of the Inferior Court, who shall receive from said tax deposited, collector for such services the sum of one dollar. § 6. And be it further enacted, That when the original Wiethe bond may be Jk>st or otherwise mislaid,, a copy of said bond, ^ bo* ■ TAXES,—1823. m copy may certified by the clerk to be a true copy, Shall be held good buahei in the place of the original. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1822. JOHN CLARK, Governor. tNo. 1303.] AN ACT to raise a Tax for the support of Government for the political year eighteen hundred and twenty- four. certain tax Be it enacted Try the Senate and House of Representatives ! pacr^ ofd °f ^ie State °f Georgia, in General Assembly met, and if is A^Yand hereby ^lacted by the authority of the same, That the qct, continued passed the twenty-first day of December, eighteen hundred in force. an(j twenty-two, entitled An Act to raise a tax for the sup- port of government for the political year eighteen hundred and twenty-three, together with all acts and parts of acts which said act revived and continued in force, be, and the same is hereby revived and continued in force as the tax act for the political year eighteen hundred and twenty-four. One half of § 2. And be it further enacted, That one half of the tax eachaco°un- each county so directed to be levied shall be paid into ty tobe the treasury of the State as heretofore, and the other half to the Trea- the Inferior Courts of the respective counties for county Xiher PurP0S!esi to be appropriated by said courts to the building half to the of court-houses and jails, to the building of bridges, the im- courtsW provement of the public roads, and the education of the public pur- youth, as the said courts respectively may deem most expe- poses" dient. Taxes or § 3. And be it further enacted, That all moneys collected collected an^ Pa'd 'nto t'le derk's office of the several courts of this from insoi- State, on account of taxes as heretofore collected from the pald^to'the insolvents' list be authorized by law, shall be vested in and Counties, become a part of the county funds. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. {No. 1304.] AN ACT to authorize the Inferior Court of the Cdunty of Baldwin to levy an extra Tax for county purposes. Preamble. Whereas, the grand jury of thd county of Baldwin have recommended the levying of an extra tax, not exceeding one hundred per cent, on the general tax ; Baldwin Be it therefore enacted by the Senate and House of Repre- toievy aY sentatives of the State of Georgia, in General Assembly met, extra tax. and {t {s hereby enacted by the authority of the same, That the justices of the Inferior Court of the county of Baldwin be, and they are hereby authorized to levy an extra tax on the inhabitants of said county subject to taxation, which shall not exceed in the whole one hundred per cent, on the general tax, to be applied to county purposes at the discre- tion of said court. How coi- § 2. And be it further enacted by the authority aforesaid, fected. That said extra tax shall be collected by the tax collector of said county for the time being (he having given satis- factory obligation to the said court for the faithful perform- ance of his duty), whose duty it shall be to pay over the How ap- same, when collected, to the said court, to be appropriated propnated. jjy them for the purposes aforesaid, after deducting the usual per centum for collection., DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Assented to, December 19th, 1823. G. M, TROUP, Governor: AN ACT to repeal a part of an Act, entitled An Act [No. 130s.] to raise a Tax for the support of Government for the year eighteen hundred and five, passed December twelfth, eighteen hundred and four. Whereas, a part of the second section of the act above Preamble, referred to is injurious to the commercial interest of this State; Be it enacted by the Senate and House of Representatives a part of of the State of Georgia, in General Assembly met, and it 0M804 tY* is hereby enacted by the authority of the same, That from pea'ed. and immediately after the passing of this act, so much of the said section of the act above referred to as imposes a tax of eighteen and three-quarter cents on every hundred dollars' worth of all wares, liquors, and merchandise sold, bargained, or trafficked for by factors and brokers be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor, AN ACT to authorize the Justices of the Inferior Court [No. i3oe.j of Glynn County to levy an extra Tax for the purpose of building a Jail in said County. Be it enacted by the Senate and House of Representatives Giynn of the State of Georgia, in General Assembly met, and it is ^oYz'e/to" hereby enacted by the authority of the same, That the jus- tices of the Inferior Court of said county are, and they are hereby authorized to levy an extra tax of not more than twenty-five per cent, on the amount of the .annual State tax, on all taxable property in said county, for the purpose of building a jail in said county. § 2. And be it further enacted, That all laws or parts of Repealing laws militating against this act be, and the same are hereby c,ause- repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate, Assented to, November 21st, 1823. G. M. TROUP, Governor. AN ACT to raise a Tax for the support of Government [No. 1307.] for the year eighteen hundred and twenty-five. Be it enacted by the Senate and House of Representatives The Act of the State of Georgia, in General Assembly met, and it is Island hereby enacted by the authority of the same, That the act, tlle Acts i i . . i />t\ i • i i anc* parts passed the twentieth day of December, eighteen hundred of Acts re- and twenty-three, entitled An Act to raise a tax for the sup- SatYcg port of government for the political year eighteen hundred continued, and twenty-four, together with all acts and parts of acts ln °rce' which said act revived and continued in force, be, and they are hereby revived and continued in force as the tax act for the political year eighteen hundred and twenty-five. § 2. And be it further enacted, That one-half of the tax. one half of each county, so directed to be levied, shall be paid into gYiYtax the treasury of the State as heretofore, and the other half to the Inferior Courts of the respective counties, for county ihecoun- purposes, to be appropriated by said courts to the buildings how of court-houses and jails, to the building of bridges, the im- to be appro- provement of the public roads, and the education of youth, piiaie ' as the said courts respectively may deem most expedient; Provided, nothing contained in this act shall be so construed Proviso, as to prevent the counties of Upson and Ware from receiving their proportionable part of the tax allowed the counties out of which the said Upson and Ware was formed, for the poli- tical year eighteen hundred and twenty-four, which distri- bution shall be made with due regard' to the population of the counties of Upson and Ware, and those out of which the said counties were formed. 422 TAXES.—l82o. iected from § 3* ^ it further enacted, That all moneys collected , § 2. And he it further enacted Iy the authority aforesaid, ineawof the inso™m and paid into the clerk's bffice of the several courts of this That in such counties as are or may hereafter be divided into dieuicu in become'*0- State on account of taxes, as heretofore collected from the election districts the collector shall transmit to the presiding gart of the insolvent lists as authorized by law, shall be vested in and magistrates of each district a list as aforesaid of such de- be the'^j. fu°nds.y become a part of the county funds, faulters resident within such county, attending himself at be dons'^e fwther enacted, That in all cases where the court-house as aforesaid ; and every collector failing in with tax execution shall be issued by tax collectors, and levied by the duties prescribed by this act shall not be allowed the «SonL' any sheriff or deputy sheriff, or any Constable, on perishableamounts due by any such defaulters in his settlement of the property, the said sheriff or constable shall advertise the insolvent list. same in three of the most public places in the said district ( - JOHN ABERCROMBIE, only, and be allowed the same fees as constables are author- . x Speaker of the House of Representatives, ized for levying executions. , ALLEN B. POWELL, Theinfe- §5. And he it further enacted, That the justices of the President of the Senate, riorCourt t~ <•- • » « « « • < » t ' ' ' * . of Colum- Inferior Court of Columbia1 county be, and they are hereby Assented to, December 9th, 1824.' County authorized and directed to pay over to the commissioners , „ G. M. TROUP, Governor. mrArl trt ^ ' or trustees of the academy of. the county aforesaid( five required to pay over to tees^c$5oo) hundred dollars, out of the moiety of the. general taxes col- AN ACT to raise a Tax for the support of Govern- [no. 1309.7 oftheAca- lected in the aforesaid county for the year eighteen bun- merit for the year eighteen hundred and twenty-six. said7 °f dred and twenty-four,' and which is directed by law to be Be it enacted by the Senate and House of Representatives Certain County, paid by the collectpr to the justices of the Inferior Court of the State of Georgia, in General Assembly met, and it is for the county purposes, for the purpose .of enabling the hereby enacted by the authority of the same, That the act, tinued in Commissioners or trustees of the academy aforesaid to repair passed the eighteenth day of December, eighteen hundred taX the edifice erected near Columbia court-house as the county and twenty-four, entitled An Act to raise a tax for the sup-18261 academy. v 1 port of government for the year eighteen hundred and Free?achooi f 6. And be it further enacted, That the justice^ of the twenty-five, together with all acts and parts of acts which inRicu- ° Inferior Court of the county pf Richmond be required to said act revived and continued in force, be, and they are cwy.the Pay>out of the State tax so reserved for county purposes, to hereby revived and continued in force as the tax act for the Court°o maiia§ers .°f free-school incorporated by an: act of political year eighteen hundred and twenty-six. - pay $ kxh) 'be Legislature in the year eighteen hundred and twenty- § 2. And be it further enacted, That one half of the tax of one-haifof annually, one, the sum of one thousand, dollars annually, for, the use each countyso directed to be levied shall be paid into the ^^idto of the said free-school, so long as one-half of the taxes shall treasury of this State as heretofore, and the other half to the theireasu- be so reserved for said county and that the justices of the Inferior Courts of the respective counties for county, pur- Sthe?hajf Inferior Court of Chatham county be, and they are hereby poses, to be appropriated by said courts to the building of authorized and required to pay over to the directresses of court-houses and jails, and to the building of bridges, the im- the Savannah free-school the sum of five hundred dollars* provement of the public roads, for the support of the poor, out of the general fax of eighteen hundred and twenty-four,' and the education of youth, as the said courts may, deem directed to be paid by the collectors to the said justices of respectively most expedient. the Inferior Court for county purposes, to be applied by the § 3. And. be it further enacted, That from and after the am person, said directresses to the use of the said free-schools. passage of this act, all free male white persons of sixty J^ofSge &c of § ?•, And be it further enacted, That if any captain or years of age and upwards shall be, and they are hereby ex- eompa- _ commanding officer of any company district of militia shall tmpted from paying poll-tax. • , . i tax? tnofeL?keiBI neglect to make a return to the receiver of returns of tax- § 4. And be it further enacted, That the justices of the $500ofthe liable to^n' a^e Pr0Per'y>*' shall be the duty of the said receiver to Inferior Court of Columbia county be, and they are hereby Columbia' J1?.® ?.,n" l-ptllrn Clll-ll .lo-failltiniT nfflnei'S tr» tflA Tl DUNCAN G. CAMPBELL, G. M. TROUP, Governor. Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, tees of the Academy, [No. 1308.] AN ACT further defining the duties of Collectors of President of the Senate. Taxes. Assented to, December 24lh, 1825. The duties Re it enacted by the Senate and House of Representa- G. M. TROUP* Governor. ?ectors de- tives cf the State of Georgia, in General Assembly met, and . ' fined, in re- ^ {s hereby enacted by the authority of the same, That the AN ACT to require the Collectors of Taxes to pay over [No. i3io.] elections; collectors of taxes in the several counties of this State sball Moneys collected by them for County purposes to anowed°to attend in person at the polls, and shall furnish to the magis- the proper authority, and to authors the Inferior Court jotewho trates presiding at the general electionsof members of the Le- of any County to issue execution against defaulting paid his gislature, imembers of Congress, and of Governor an alpha- Tax Collectors. . ^ betical list of all persons who shall not have paid all legal Be it enacted by the Senate and House of Representatives What shall taxes demanded of them for the last preceding year, in. of the State of Georgia, in General Assembly met, and it is the counties where the taxes are collected annually, and of hereby enacted by the authority of the same, That in all the last preceding termi of years in counties where the Jaxes cases where there may be any tax due to the county in the collector's are not collected annually; to the end that all illegal votes hands of the collector of any county, and collected by the JJUcSjJ. may by such collector and magistrates be challenged and tax collector of any county, and hot paid over to the proper prevented. , authority on or before the first Monday in December next taxes. TAXES.—-1826. 423 after the same may be collected in every year, the justices of the Inferior Court, or a majority of them in each county, be, and they are hereby authorized immediately to issue ex- ecution against 'any tax collector and his securities so ne- glecting or refusing to pay over such tax. A collector § 2. And be it further enacted, That any collector of {ayover taxes, who shall fail or neglect to pay over such taxes by the Sshands time specified in the preceding section, shall be liable to liable for pay interest at the rate of twenty-five per cent, on the percentve amount not paid over, which shall be required in the execu- tion issued as aforesaid. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. (No. i3ii.j A.N ACT to authorize and require the present Tax Col- lector of the County of Baker to collect the Tax due from the citizens of said County for the year eighteen hundred and twenty-five. The tax Be it enacted by the Senate and House of Representa- of Baker lives of the State of Georgia, in General Assembly met, • quired to6" an^ ^ hereby enacted by the authority of the same, That collect the it shall be the duty of the present tax collector of the 1825^inUe county of Baker to receive from the present tax collector ®aid of thg county of Early the names of all the persons now °un y' living in the county of Baker, with the amount of their taxable property given in for the year eighteen hundred and twenty-five, and to collect the same at the time of collecting the State and county taxes of said county, for the year eighteen hundred and twenty-six ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of tlje House of Representatives. THOMAS STOCKS, President of the Senate. [The signature of the Governor is not to this law. It is presumed it must have re- mained in his possession more than five days without his assent, by which it became constitutionally a law.] [No. 1312.] AN ACT to compel the next Receiver of Tax Returns, elected for Lowndes County, to receive the returns of the citizens of said County whose Taxes are due the State prior to the year eighteen hundred and twenty- five ; and to make it the duty of the Collector to col- led said Tax. Preamble. Whereas, it appears that there are a number of citizens in Lowndes county who are in arrears with their taxes prior to the year eighteen hundred and twenty-five, and as far back as the year eighteen hundred and twenty-two ; the re- ceivers for the years eighteen hundred and, twenty-five and eighteen hundred and twenty-six refused to receive the re- turns of the citizens in arrears ; for remedy whereof, it shait be Be it therefore enacted by the Senate and House of Re- of tiieUiax presentatives of the State of Georgia, in General Assem- receiver of jyty met, and it is hereby enacted by the authority of the to°receive same, That it shall be the duty of the next receiver of tax onhe'ciu- returns taxa'Jle property for the county of Lowndes, and zensof said it is hereby made his duty to receive the returns of the citi- arrears for zens of said county who are in arrears prior to the year fi«e prior eighteen hundred and twenty-five, and as far back as the year" year eighteen hundred and twenty-two, under the same rules and regulations as are pointed out by the tax law of this State ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. AN ACT to authorize the Justices of the Inferior Court [No. 1313.3 of Franklin County to levy an extra Tax for the pur- pose of building a Court-house. Be it enacted by the Senate and House of Representatives Franklin of the State of Georgia, in General Assembly met, and it is ^°0urlnz^dat"" hereby enacted by the authority of the same, That the jus- levy an ex- tices of the Inferior Court of the county aforesaid be, and tra lax' they are hereby authorized and empowered to lay an extra tax on the inhabitants of said county, not exceeding fifty per cent, on the general or State tax, for the purpose of building a court-house. § 2. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby Repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. AN ACT to repeal an Act entitled An Act further de- [No. 1314.] fining the duties of Tax Collectors in this State, passed the ninth of December, eighteen hundred and twenty-four. Whereas, the above-recited act requires all collectors of Preamble, taxes in this State to attend at the polls at all elections for members of the Legislature and members to Congress ; and whereas, much inconvenience has arisen from the said act; therefore, Be it enacted by the Senate and House of Representatives The Act of of the State of Georgia, in General Assembly met, and it is p^eT hereby enacted by. the authority of the same, That imme- diately from and after the passage of this act the above-re- cited act be, and the same is hereby repealed ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 14th, 1826. G. M. TROUP, Governor. AN ACT to raise a Tax for the support of Government for the year eighteen hundred and twenty-seven, [No. 1315.] Be it enacted by the Senate and House of Represent- atives of the State of Georgia, in General Assembly met, The Act of and it is hereby enacted by the authority of the same, That ^agd the act passed the eighteenth day of December, eighteen and parts hundred and twenty-four, entitled An Act to raise a tax for which8it the support of Government for the year eighteen hundred and twenty-five, together with all acts and parts of acts in force as which said act revived and continued in force, be, and they i^7Act are hereby revived and continued in force, as the tax act for the political year eighteen hundred and twenty-seven. § 2, And be it further enacted, That one half of the tax of each county so directed to be levied shall be paid into one half the treasury of this State, as heretofore, and the other half to the Inferior Courts of the respective counties, for county intothe purposes, to be placed by them in the hands of the county anTthe7 treasurer for safe-keeping, to be appropriated by said courts hair to the building of court-houses and jails, and to the building Counties, of bridges, the improvement of the public roads, for the support of the poor, and the education of youth, as the said courts may deem respectively most expedient; any law, usage, or custom to the contrary notwithstanding. § 3. And be it further enacted, That the justices of the Inferior Court of Morgan county be, and they are hereby The infe- authorized and directed to pay over to the trustees of Madison academy, in said county aforesaid, one-half of the moiety of Countyto the general tax collected, in the aforesaid county, for the {|a[f on'h« year eighteen hundred and twenty-seven, and which is directed by law to be paid by the collector, to the justices of tees of the Academy 434 TAXES.—1827. tfoSfy to Inferior Court for county purposes; for the purpose of .AN ACT.fa authorize the Justices of the Inferior Court [No. 131 bniidan °. enabling the commissioners or trustees of the academy ", 0fl Oglethorpe County to levy an extra Tar, to put €dlfice* "aforesaid .to build an edifice in the town of Madison, as the' and y.eep ^ pyblic Roads in> said County in good county academy. , order. ' ' Exchange § 4. And he it further enacted, That a tax of thirty-pne Be iienacted by the Senate and House of Represent- ogiethor„ •brokers y afid a quarter cents shall [be] paid on every hundred dollars^ stives, of the State of Georgia, in General Assembly met, toievy^ taxed. employed by exchange or money brokers in this State, to be' and ;t is hereby enacted by the authority of the same, Thatexl,a m returned and collected in the spe manner as the tax now ^he justices of the Inferior. Court of Oglethorpe county be, collected from merchants, shopkeepers, and others on their anc) are hereby authorized to levy an'extra tax on the stock in trade. ^ , , inhabitants of said county subject to taxation, if they shall Hiaiu imdKi § ^e it further enacted, That when money or ex- deem it necessary so to do, which .fchall not exceed in any their re- change brokers rnakq their returns to the receiver of returns one year fifty per cent, on the general tax 5 to be applied turns, &c. pf taxable property, they shall state oh oath the probable . exclusively to putting and keeping in good order,the public average amount employed, or to be employed by them in the |0ads in said county, in anyway said court shall think proper in ease of course of the year; and in the-event of a failure to make , t0 direct. what shaii; such return by any money or exchange broker before the ^ 2. And be it further enacted, That said extra tax shall Howit be done, digest shall have been delivered to the tax collector, it shall j^e collected by the tax collector of said county for the time be the duty of the tax collector immediately to issue an exe- being, be havipg given-satisfactory obligation to the said cution against tjie goods and estate'of such defaulter, or/COUFt for the faithful performance of his duty, Whose duty it against his person, as in the opinion of the tax collector may sball be to pay, over the same, when collected^ to the said ^ most certainly secure^ the payment of the sum of one,-thpn-' gdyf^ |-0 appropriated by', them for thd purposes afore-. How ap. sand dollars, which is hereby declalrea to'bethe penalty in- aaid, after deducting the usual per centum for collection, p^p*141^! curred by a neglect to make such returns., , • , 5 2. And be it further enacted by the authority aforesaid, Repeal^ t^of the * J? ll fa1? er fnact?d, That the justices of the Tha,t this act shall not repeal, or in- any wav interfere with Inferior Inferior Court of Columbia county be, and they are hereby the rQad Jaws now iij f^ce in said county. coiumWa auth°rizecl and directed to pay over to the commissioners or * IRBY IIUDSQN, Coumy 're- trustees of the aicademy of the county aforesaid five hundred ' >' ' Speaker ,of the House of Representatives, ^ayto'the dollars, out of the moiety of the general tax collected in the' , ■ . ' THOMAS STOCKS 7heUAcadf COUnty afQr6said fot the year eighteen hundred and twenty- - . '. , ' president of the Senate, my $500. six, and which is directed by law to be paid by the collector Assented to, Pecember 18th, 1827. , to the justices of the Inferior Court, for county purposes, JOHN FORSYTH Governor. , for the use and benefit of the Columbia County Academy, ' Proviso. Situated at Columbia court-house ; Provided, nothing herein AN ACT to authorize the Inferior Court of Butts .contained shall compel the justices of the Inferior Court of. County to levy an extra Tax for County purposes. said county to pay over, the aforesaid sum of five hundred „ . J , . 7 , .' ,*L, " * • dollars to the commissioners, or trustees of the Columbia « ended hy, theSenateand House of BepresenMaes^m,. • County Academy, if they should determine on-building a Mate of Georgia, m General Assembly met andrfiiw, new jail in raid county, at any time before the first day of enacted by the authority of the same, I hat the justices • May, eighteen hundred and twenty-seven.' of *he lnler,or ^our? of Butts counly b° he?ehy authorized . . ,1 irbY HUDSON ' a empowered to levy an extfra tax for the year eighteen Speakerof the House of Representatives, burred and lwehty eight, for county purposes, not to exceed "fHOMAS STOCKS seventy-five per cent, on the general tax of said county; 'President of the Senate, any'aw to the contrary notwithstanding. ^ Assented to, December 20th, 1826. „ IRBY HUDSON, q m, TTJOTTP finvpvnnr Speaker of the House of Representatives. , . ; ■ - ■ THOMAS STOCKS, I No. 1316-1 AN ACT to authorize the next Receiver of Tax Returns ' President of the Senate. • y _ Aaoonfo/I 4-s\ llAAamhiMi 1QHi I 00*7 for the County of Thomas to receive the Tax Returns of the citizens of said County, or any other person, Assented to, December 19th, 1827. JOHN FORSYTH, Governor. whose taxes are due the State prior to the year eighteen . _T . 7 , « m * „,1 hundred and twenty-seven, and to tnhke it the' duty of A 9 impose, levy, and collect a Tax for the po- [No. ui.] the Collector of Taxes for the County Of Thomas to htical >>^dred and twenty-mne.on pro- ' collect the same ' , ' • s 1 Verty real and personal, and to inflict penalties for Thew . Be Utherfore enacted hyihe Senate and House afEepre- Ming or neglecting to comply with the provisions taxTeturns sentativCs of the State of Georgia, in General Assembly met, thereof; apd also appropriating one-half thereof to for The and it is hereby enacted by the authority of the same, .That it eacf County of its own Tax,for certain purposes therein tJTo re'-""' shall be theduty of the next received of tax returns, of taxable .expressed, to wit: for the improvement of public roads, ret"™1 of Pf°P6rty ^or l^e county of Thomas, and it is hereby made bridges, Spc,.; and to direct who shall be the holder of those'iii' ' his duty'to receive the tax returns of the citizens.of said the'one-half reserved to each County; and for other j£[aa£0^n. county, or any other person, who are in arrears and have not' purposes. paid their taxes due the State prior to the year .eighteen. Be it enacted by the Senate and House of Rcpresenta-^1^ . hundred arid twenty^seven, and that the collector of taxes tives of the. State of Georgia, in General Assembly met, and acis and for said county' collect the same, under the same rules and, it is hereby enacted py the authority of the same, That the regulations as are pointed out by the tax law of this Stat? ;, act passed the eighteenth day of December, eighteen hun- vivedA|f any law to the contrary notwithstanding. , 1 dred and twenty-five, together with all afcts and parts of acts fdminu«i ' IRBY HUDSON, which said act revived and Continued in force, shall be, and forlSS' Speaker of the House of Representatives, they are hereby declared to be revived and continued in THOMAS STOCKS, 1 force,#as the tax act for the political year eighteen hundred v President of the Senate, and twenty-nine. Assented to, December 19th, ,1827. § 2. And be it further enacted, That the one-half of the one-i»ifB JOHN FORSYTH, Governor, tax of each county so directed to be levied shall be paid into be^idi"10 TAXES.—182& 425 nieTreasu- the treasury of this State as heretofore, and the other half «rrth"r"iiai're to the Inferior Court of the respective counties, for county ri«r Courts PurPosesito be placed by them in the hands of the county or the _ treasurer, where there are treasurers, and where none, the Counties, cierks 0f tiie inferior Court, for safe keeping ; to be appro- printed by said courts to the building court-houses and jails, and to the building of bridges, the improvement of the public roads, and for the support of the poor, for the education of the youth, as said courts may severally direct as most expe- dient; any law, usage, or custom to the contrary notwith- standing. Brokers, § 3. And be it further enacted That all brokers, private t'Cikers, bankers, or exchange merchants, or firm or firms of brokers, n^ichants, Pr^ate bankers, or exchange merchants, and their agents in ,&«.taxed, this State, shall, during the month of January, eighteen hun- dred and twenty-nine, respectively return, on oath, to the re- ceiver of tax returns of the respective counties of this State where he or they shall reside or do business, the maximum amount of capital which he or they employ or intend to em- 4 ploy in their said business, at>any time during said year; and the said brokers, private bankers, or exchange merchants, or firm or firms of brokers, private bankers, exchange mer- '• chants, or their agents, shall pay a tax of forty cents on every u hundred dollars of capital so returned, to be levied and col- lected by the tax collectors of the respective counties, as in other cases ; Provided, that in all cases under this section ' where a firm shall be required to make a return as above specified, that a return by one member for and in behalf of 1 the firm to which he belongs shall be deemed sufficient. Banks, § 4. And be it further enacted, That if any person or per- ridle7ncor-an sons (except the incorporated banks of this State) shall be thank's of ^oun(^ a^®r the ^rst day February next, and during said fkhks state,' year of eighteen hundred and twenty-nine, doing the business lthe"stofer a broker, private banker^ or exchange merchant, or as rFebruary, their agent, without having made the return required by the the9bust"1§ third section of this act, it shall be the duty of the receiver broker tax *ax returns f°r the county where said broker or brbkers, ,«d. ' ' private banker or bankers, exchange merchant or merchants, or his or their agent or agents may reside or do business, to return said broker or brokers, private banker or bankers, exchange merchant or merchants, or his or thefr agent or agents, as defaulters, who shall pay a tax for said year of five thousand dollars, to be levied and collected by the tax collector as in other ca^es, or by a capias ad satisfaciendum. Certain de- § 5. And be it further enacted, That the tax on all high 7nandn!5 rivers, swamp, and low grounds on the west side and ad- taxed. joining thereto of the river Ocmulgee, also on both sides of the Flint river, and on the east side of the Chattahoochee, and the lands adjoining thereto, up to where the boundary fine dividing this State and the Slate of Alabama comes on said river, be thO same assessment as by the act of eighteen hundred and four is levied on lands of the same quality on the Oconee river; and on all other oak and hickory land and pine land lying between the rivers Ocmulgee, Flint, and Chattahoochee, be the same assessment as in other coun- ties in this State ; and all the lands which lie on both sides of the Chattahoochee, above the corner specified above to the head waters thereof, and on all the land which lies on the west side of the Tugalo and Chattooga rivers above what is known as Haw kin's line, and all other oak and hickory land, and other land of the third quality which lies between the said rivers Tugalo and Chattahoochee, shall be assessed as the land on Tugalo river, from the junction of Broad river with said Tugalo river to the above-described line ; and-all other mountainous land of the fourth or last quality, which lies between the said rivers and the present Cherokee bound- ary line and the line of the Alabama, shall be assessed at half a mill per acre. One half of § 6. And be it further enacted, That the one half of the in? afdinto *ax collected in each county for the political year eighteen theTreasu- hundred and twenty-eight shall be paid into the treasury of to'the infe- the State as heretofore, and the other half shall be paid to H h h the Inferior Courts of the respective counties for county rior Courts, purposes, to be disposed of as provided for by the second &c" section of this act;. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1828. JOHN FORSYTH, Governor. AN ACT to authorize the Justices of the Inferior Court lNo- 1320 J of Lowndes County to levy an extra Tax to build a Jail in said County, at the public site in said County. Be it enacted by the Senate and House of Representa- Lowndes tives of the State of Georgia, in General Assembly met, and lowwun' it is hereby enacted by the authority of the same, That the extra tax. justices of the Inferior Court of Lowndes county be, and they are hereby authorized to levy an extra tax on the inha- bitants of said county subject to taxation if they shall deem it necessary so to do, which shall not exceed in any one year fifty per cent, on the general tax, to be applied exclu- sively to building a jail in said county, at the public site, in any way said justices shall think proper to direct. § 2. And be it further enacted by the authority aforesaid, Howcoi- That the said extra tax shall be collected by the tax-collector lected> of said county, he having given satisfactory obligation to the said court for his faithful performance of his duty, whose duty it shall be to pay over the same when collected to the said court, to be applied by them to the purpose aforesaid, How ap- after deducting the usual per centum for collecting; any PI0Pnated- law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, , President of the Senate. Assented to, December 17th, 1828, JOHN FORSYTH, Governor. AN ACT to impose, levy, and collect a Tan for the poll- [No. 1321.7 tical year eighteen hundred and thirty, on Property, real and personal, and to inflict penalties for neglect- ing or failing to comply with the provisions thereof. Be it enacted by the Senate and House of Representatives The Act of of the State of Georgia, in General Assembly met, and it is theActsd hereby enacted by the authority of the same, That the act andtof passed the eighteenth day of December, eighteen hundred vivedby and twenty-five, together with all acts and parts of acts which ^tirmed said act revived and continued in force shall be, and they in force, are hereby declared to be revived and continued in force as the tax-act for the political year eighteen hundred and thirty. § 2. And be it further enacted, That all brokers, private Brokers, bankers, or exchange merchants, or firm or firms of brokers, bankers or private bankers, or exchange merchants, note shavers, and their agents, in this State shall, on or before the first day of theircapi-' August next, return, on oath, to the receiver of tax returns taI,axed- of the respective counties of this State where he or they shall reside or do business, the maximum amount of capital which he or they have employed since the first day of Janu- ary, eighteen hundred and thirty, or intend td employ in the said business during the said year ; and the said brokers, pri- vate bankers, or exchange merchants, or firm or firms of brokers, private bankers, exchange merchants, and note Also note shavers, or their agents, shall pay a tax of thirty-one and one-shavers- fourth cents on every hundred dollars of capital so returned, to be levied and collected by the tax collector of the respect- ive counties as in other cases ; Provided, that in all-cases Proviso, under this section where a firm shall be required to make a return as above specified, that a return by one member, for and in behalf of the firm to which he belongs, shall be deemed sufficient. § 3. And be it further enacted, That on all persops who 426 TOPOGRAPHICAL ENGINEER.—1820. , Fifty per have or may hereafter issue or have in circulation any change of Crawford County to levy and collect an extra Tax levied on or bills of any kind, issued or put in circulation without i for County purposes, not exceeding fifty per cent, on biiiaufcir a charter:there shall be levied a tax of fifty per cent, on the the general Tax for the years eighteen hundred and cuiaiion. ~ amount issued and in circulation on the first of August in thirty and thirty-one. each year. f pe it enacted by the Senate and House of Representa- Crawford This Act § 4. And be it further enacted, That nothing in the above t{ves 0fthe State of Georgia, in. General Assembly met; and the law^n' section shall be so' construed as to alter or change the acts n {s hereby enacted by the authority of the same, That from [evyan«. three reia- now in force relating to unchartered banks in this State, and anc] after the passage of this act it shall and rpay be lawful chartered" imposing penalties for issuing change bills by private persons for the justices of the Inferior Court of Crawford county, or bank*. or associations. a.majority of them, to levy an extra tax -upon the citizens Any person § And be it further enacted, That if any person or Gf sai(j county for county purposes, for the years eighteen ness8after" Persons, except {he incorporated banks of this State, shall ho^red and thirty and thirty-6ne; Provided always, that theSdday be found after the second day of August next, and during said extra tax shall not exceed fifty per cent, on the amount nexta^a' said year of eighteen hundred and thirty* doing the business Qf the general tax heretofore levied and collected by au- &cksnaii a broker, private banker, or exchange merchant, or note thority of the laws now of force in this State. 1 pay a iax of shaver, or their agent, without havingmade the return re- , § 2. And be it f urther eriacted, That when the aforesaid Howeoi- SS." quired by the second section of this act, it shall be the duty tax shall be levied according to the provision of this act,leetet1, lars. of the receiver of tax returns for the county where said the sarpe shall,be collected,in the same manner'and under broker or brokers, priVate banker or bankers, exchange mej> the same regulations as is prescribed by the existing laws of chant or merchants, or note shavers, or his or their agents this. State, and when collected shall be applied in discharge Howap. or agents, may reside or do business, to return said broker or Gf the several debts now due from said county. preprinted. . ' brokers, private banker or. bankers, exchange "merchant or §3. And be it further enacted, That all laws and pjprts Repeal^ merchants, or note-shaver, or his or their agent or agents, as of laws militating against this act be, and the same are clau6fc defaulters, who.shall pay a tax for said year offive thousand hereby repealed, so far as respects the said county of Craw- dollars, to be levied and collected by the tax collector as in ford, ( . WARREN .TOURDAN, ' other cases, or by a capias ad satisfaciendum. . 1 ' V Speaker of the House of Representatives, one hair ' § 6- And be it further enacted, That one half of the tax ' * THOMAS STOCKS, °obeetaui oach county so directed to be levied shall be paid into the , ' President of the Senate. intoetheai treasury of this State as heretofore, and the other half to the Assented to, December 18th, 1829. , SheT', Inferior Court of the respective counties for county pur- ' GEORGE R. GILMER, Governor, other half poses, to be placed by them in the hands ofthe county trea- 1 rtor^courts surer, where there are treasurers, and where none, the clerk AN ACT to authorize the Inferior Court of Franklin m] Counties. of th? Inferior Court^for safe keeping, to be appropriated County to levy an extra Tax in support of the Poor by said courts to the building of court-houses and jails, and 0f sai& Gountu ' ' to the building of bridges, the improvement of public roads, Be it emcted. b \u Senate and"House of Representative, Trim and for the support of the poor, and for the education of of the State of Georgw, in General Assembly' met., and it EH"* ; youth, as said courts may severally direct as most expeihent; is hereb!/ macted b (he duthorit// 0f the same. That the ««"•*■ • any law. Usage, oricustom to the contrary notwithstanding. jnferior Court of lhe county of pranklin be, and they are PeiTt^'X ■ belt further enacted, That it shall be the duty hereby authorized to levy an extra tax on the citizens and !hX °jthe Jusllc,es of tb» peace jn- eac(l captain's district in this a|, laxab|e properly j„ 5aid bounty for the support of the - S,ate t0,m^e " re'Um t0 '-he of lax returns of al . p00r> not exceeding fifteen per cent, on the general tax. er»' list, persons liable to pay taxes m^heir respective d.s^.cts ; and * And be it further enacted, That the collector shall Ho*«» that all laws making it the duty of captains of districts to be bound t0 pay OTdr t0 the clelk of the Inferior Court all <«*>■ ; make return to the receivers be, and the^same as hereby such taxes a3 may be assessed b tbe Inferior Court, under , repeale . . WARREN JO CJRDAN, the same restrictions as heretofore enacted in such cases; p'e , Speaker of the House of Representatives. any law to the contrary notwithstanding. . 1HOMAS STOCKS, WARREN JOURDAN, _ President of the Senate. Speaker of the House of Representatives. Assented to, December 21st,' 1829. ; THOMAS STOCKS, GEORGE R, GILMER, Governor. . President of the Senate. " ~ ' Assented to, December 19th, 1829.* [No. 1322.] AN ACT to authorize the Justices of the Inferior Court GEORGE R. GILMER, Governor. TOPOGRAPHICAL INo. 1324.] AN ACT to create the office of Topographical and Civil .Engineer in and for the State of Georgia. The Go- Beit enacted by the Senate and House of Representatives quired io~ of the Stale of Georgia, in General Assembly met, and it is and°eom- hereby enacted by the authority of the same, That from and mission a after the passing of this act, it shall be the duty of the jZcll^and Governor of this State IP select, appoint, and commission a neer ib"the ^ an(* comPeIen^ person for topographical and civil engi- state of neer of the State of Georgia ; and the officer thus appointed, Georgia. Up0n his acceptance thereof, shall forthwith enter upon the Unuance in ^u^es ^'a °ffice> an{I shall continue in office until such office.nce in day as may be set apart by tlie Legislature at their annual ENGINEER.—1820. session in the year eighteen hundred and twenty-two for Engm«r ^ the election, by joint ballot, of topographical and civil en-g^be#lecl gineer; and the person so elected shall be commissioned by the Governor, and shall hold his office for and during the To con-^ term of two years, unless removed therefrom by the Governor on the address of two-thirds of both branches of the General Assembly. , moved. § 2. And be it further enacted by the authority aforesaidV Hi,sS That the topographical and civil engineer shall receive a salary of three thousand dollars per annum ; which said salary shall not be increased or diminished during the time for which he shall be appointed. § 3. And be it further enacted by the authority uCoru ...JJ. TOWNS—1820. » His duti«s. That the duties of the said topographical and civil engineer § 4. And be it further enacted by the authority aforesaid, shalUionsist in surveying the navigable rivers and waters of That it shall be the duty of the Governor to draw on the this State ; in exploring the obstructions of the same ; re- porting the best plans for removing them ; suggesting the practicability and utility of internal improvement; in direct- ing and superintending the application of such appropria- tions as the Legislature may make from time to time for the purpose of internal improvement; in rendering an an- nual report to the General Assembly of his official transac- tions, and of the transactions of his department; and in such other duties as are usually imposed upon such officers, and as may be imposed on him from time to time by law. contingent fund for any amount he may deem necessary to enable the topographical and civil engineer to carry into effect the provisions and objects of this act. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Absented to, December 22d, 1820. JOHN CLARK, Governor. 427 The Go- vernorto draw on the con- tinsent fund io enable the Engineer to carry into effect the provisions of this Act. TOWNS.—1820. [No. 1325.] AN ACT* to grant to the Citizens of Savannah the right of erecting, at their oum expense and cost, a public Market on a certain square of ground in said City called Ellis's Square, allotted and appropriated for the use and convenience of a public Market by an Act passed April 1th, 1763, now in force; to be absolutely vested free of any charge in the Corporation of said City, and for the sole benefit of the same. r?reambie. Whereas, by the late and distressing conflagration at Sa- vannah, the public market of that city, situate on a spot of ground called Ellis's square, and appropriated by the afore- said act of April 7th, 1763, for the use and convenience of a public market, was entirely consumed : and whereas, a large number of respectable inhabitants of the city of Sa- vannah have petitioned the General Assembly of this State to grant them the right of erecting, at their own expense, a public market on said square, which they are willing [shall] be absolutely vested in the corporation of Savannah, for the sole and separate use of said city, and also the rents, issues, and profits thereof; ii< The citi- Be it therefore enacted by the Senate and House of Re- vannah au\ Vresentatives of the State of Georgia, in General Assembly nittiiorized to met, and it is hereby enacted by the authority of the same, "Uhek'own That from and immediately after the passing of this act it % expense shall and may be lawful for the citizens of Savannah to and cost, J , on Ellis's erect, or cause to be erected, at their own proper charge, ^ the Market exl>ense, and cost, on a spot of ground in said city called ^pubiicd'a ^'^s's S(luarei allotted and appropriated for the use and con- , market, venience of a public market by the aforesaid act of 7th j.Proviso. April, 1763, now in force, a public market; Provided, that in the erection of said market, no more ground is occupied p on said square than that upon which the former market was Said mar- erected, and also that the said market when so erected shall erected16" vested in the corporation of said city of Savannah, free vested in of any charge, cost, or expense, and that all rents, issues, rahon'of'" ar)d profits thereof to be applied to the use of said city, free of^ex § it further enacted, That the right herein pense. grant to the citizens of Savannah shall be deemed and con- forfeit1 sidered as forfeited, unless the said market shall be com- [unless said menced by the first day of April next, and completed by the t cmom.ketbe 20th day of December, 1821. ? andfifush- DAVID WITT, «d in a"° Speaker of the House of Representatives, given Ume. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1820. JOHN CLARK, Governor. [No. 1326.] AN ACT to amend an Act to incorporate the Town of Lincolnton, in the County of Lincoln. * See Acts Noa. 133(1. 1350 1355. 1303. 140(1 1410 1447, 1462. I h h 2 Be it enacted by the Senate and Hdiise of Representatives The com- of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the commissioners of the said town of Lincolnton shall have izedtopaes power and authority to pass such by-laws necessary to conr^ fawsb&e. pel the citizens of the said town and other persons resident necessary within the limits of the corporation, and liable by the laws t^citizem? of this State to work on the public roads, to labour on the public springs, streets, and roads within the limits of the cor- &c. within poration, and in such manner and at such times as they may pre- ofsaid cor- scribe lor the improvement, repair, and preservation thereof; poration. and in case of refusal or neglect of any citizen or other in case of a person so liable as aforesaid the commissioners, or a ma- confmis^8 jority of them, may proceed to impose upon such citizen or doners other person, or in case of slaves, upon the owner or em- &c.y ployer of such slave or slaves, and to collect such fines in such manner as the commissioners in their by-laws may point out; Provided, any such fine imposed in virtue of this act does not exceed three dollars for each neglect or refusal. § 2. And be it further enacted, That in case of the ne- gleet or refusal of any commissioners of said corporation, so ™atJfnn liable as before-mentioned, the commissioner or commis- giectofany sioners not complained against may proceed to' impose a po^on0'* fine upon such defaulting commissioner, as in case of other the remain- persons contemplated by this act; and all fines imposed, and mLionere all taxes assessed and collected in virtue of any by-laws or. may , . , . . /• ,, i • ■ • POS!e a "n® regulations adopted in pursuance ot the authority given in on him. this act, and the one to which this is amendatory shall be taxes"&k applied to the repair and improvement of the public spring, tobe'ap- i j , , c • j , c e> plied t0 tijg square, and public streets ot said town. improve- § 3. And be it further enacted, That the persons contem- °/the plated by this act to work on the public springs, streets, and streets,'&c. roads shall not be compelled to work on the roads beyond contem- the limits of the corporation ; and the commissioners ne- glecting their duty shall be liable to the same pains and pe- work on rialties as commissioners of roads; any law to the contrary gprinas!&c. notwithstanding. DAVID ADAMS, "vork"^10 Speaker of the House of Representatives. yond the MATTHEW TALBOT, J^ora- President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. AN ACT to alter and amend the Law incorporating the [No. 1327.] Town of Dublin, in the County of Laurens, and vest- ing certain powers in the Commissioners thereof, s Be it enacted by the Senate and House of Representa- The cm- tives of the State of Georgia, in General Assembly met, mwnoflhe and it is hereby enacted by the authority of the same, That it shall be lawful for the citizens resident vvithin the corporate vote tor limits of the said town who are entitled to vote for members Ufeth^. 428 TOWNS—I820; gislature, authorized to elect five Comrais- In case of, failure to hold said election what shall be done. . The Com- mlssioners shall have power to make by- laws, &c. Proviso. The Com- missioners in case of a vacancy in their Board to adver- tiseanelec tion, &c. The corpo- rate limits of the town of Dublin defined. Repealing' clause. of the Legislature on the first Saturday in Jariuarjr next, and on the first Saturday in January in every succeeding year, to elect by ballot five person;? being citizens as afore- said as commissioners of said town; which said election shall be superintended by at least one justice of the county and a freeholder of said town ; Provided,' that in case there shall be a neglect or failure in holding the election as above pointed out, that then and in that case it shall be lawful for an election to be held for commissioners as aforesaid on any other day, there being at least ten days' notice given of the time and place of holding such election at three or more public places in said town, to be conducted in the same man- ner as if held on the day pointed out in this act. § 2. And be it further enacted, That the commissioners appointed in conformity with this act, or a majority of them, shallhavefullpowerandauthority to'make such by-laws, rules, and regulations, not repugnant to the constitution and laws of this State, as they may deem expedient for the improve- ment and keeping in repair the streets of said town, and for ' the internal police thereof. . § 3. And be it furtlter enacted, That, whenever any „va- cancy shall take place by the death, resignation, or removal of any one or more of the commissioners appointed in pur- suance of this act, it shall be the duty of one or more of the commissioners then acting to advertise an election to fill such vacancy or vacancies, and that the same notice shall be given, and the election superintended in the same man- ner as before pointed out in this act. • § 4. And be it further enacted, That the corporate limits of said town shall be the Oconee lliver on the east, the branches immediately above and below said town on the north and south, and the western line .of the tract of [and on which the court-house stands pn .the west; and that all laws or parts of laws militating against this act be, and the same are hereby repealed. ' • DAVID ADAMS, Speaker of the House of Representatives. < - VAL. WALKER, President of the Senate,pro tem. Assented to, December 8th, 1820. , JOHN CLARK, Governor. this act, it shall and may be lawful for air persons residing What eh within the limits of the city (as defined by the before-recited peMonto act), and who are entitled to vote for pmmbers of the Gene- ral Assembly of this State, be, and they are hereby entitled cii0fAu- to vote for members of the city council of, Augusta. gU8ta- § 3. And be it further enacted, That twelve months' re- What Am sidence in the State, and six months within the limits of the arSn« city preceding the election, shall be necessary to constitute ■» as to a residence so as to enable persons to vote for members of bom to^ the city coupcil; and when doubts shall arise as to the f™the qualification . of a voter, an oath in conformity to this act cii. 0UI1' shall be administered by the persons presiding at the elec- tion, in addition to the oath administered to voters for mem- doubted he hers of the General Assembly of this,State. an^'atk6 §4. And be it further enacted, That from and imme-TheCity diately after the passing of this act, the city council of Au- Smluit gusta shall pot have jurisdiction of any case where an'jejuni, •offender or-offenders have been recognised to appear before where an the Superior Court; and such offender or offenders if recog- nisqtf to appear before council may plead the same in bar at recognised their trial before said council.' . § 4. And be it further enacted, That all laws or parts ^Per[jor of laws militating againsty this act be, and the same is Repealing „hereby repealed. clause■ , ' DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1820. JOHN CLARK, Governor. [No. 1328. Preamble. The City Council of Augusta • shall not have pow- er to re- - quire of persons re- siding in said city a sum ex- ceeding 950 for a retailing lieense. The quali- fications of voters pre- scribed by the Act of 1798 re- pealed. AN ACT* to alter and amend an Act, entitled An Act to incorporate Augusta, and improve the Public Roads thereof and td limit the powers of the Council of said City/ ' • " 1 Wherq&s, manifest inconveniences have resulted and great- injury and loss experienced and likely to be experienced by many of the, citizens of Augusta, from the exercise of, certain powers vested by the,Legislature of this State in the city council of said city ; for rerriedy whereof, Be it enacted by the Senate and House of Representa- fives 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 licenses already granted by the city council of Augusta shall expire, the said council shall not have power, nor shall it be lawful to require of any per- son residing within.the corporate limits of said city wishing to retail spirituous liquors, a sum exceeding fifty dollars as a license^ for the same ; but in no case shall a license be granted unless the applicant produces a written ;recommen- dation signed by two respectable citizens of the city. § 2. And be it further enacted, That so much of an act passed by the General Assembly of this State on the 31st of January, 1798, as far as relates to the Qualification of vo- ters for members of the city council of Augusta, requiring that they should reside twelve months in the city, and be possessed of a freehold or lease for years, be, and the same is hereby repealed ; and that from and after the passing of ) * See Acts relating to, Nos. 573,1371,1389,1406,1417,1430,1432,1459. * AN ACT to vest the government and regulation of the [No. imj Court-house and Jail of Richmond County in the Mayor and City Council of the city of Augusta, and appointing them sole Commissioners of the Court- house and Jail of said County. Whereas, the new court-house or city hall of ^the city of Preamble. Augusta and the new jail of the county of Richmond have been built on lots belonging tq and within the jurisdiction afid chartered limits of the city of Augusta, and for the most part out of the funds of the said city ; and whereas, it will be expedient and proper to place the entire manage- ment and inspection and direction of the samfe in the mayor and city council of the said city for the time being ; Be it therefore enacted by the Senate and House of Repre- The Mayor sentatives of the State of Georgia, in General Assembly met, coundV and it is hereby enacted by the authority of the same, That Au^d from and immediately after the passing of this act, the mayor & and city council of the city of Augusta for the time being, ^'e0De,s and their successors in office, shall be solely and exclusively 0ou^'aild commissioners of the court-house and jail of the county of jaiXd Richmond, and are hereby vested with the sole care, ma- nagement, inspection, and direction of the same, with full power to power and authority to appoint a jailer and such other offi- cers as may be necessary ; and also to pass such ordinances otberoffi- and resolutions for tjie government and direction of the said Andnw jailer and other officers, and all persons confined in the said {1^% jail, as they shall from time to time deem necessary and forrntjJ)eenf proper; Provided, the same be not repugnant to the con- ofiheJafier stitution or any law of this State ; and the said jailer and other officers appointed as aforesaid shall give bond, with fee. two or more approved securities, to the said mayor and city Fr°vis0' council and their successors in office for the faithful per- formance of the duties required of them respectively. § 2. And be it further enacted by the authority aforesaid, The That the said jailer or other officers appointed to take ffabie'in charge of the said jail or any part thereof, or of any persons confined therein, shall be answerable for all escapes from the sheriff the said jail in the same manner as by the laws of this State ^pe" ~ civilly criminal the sheriff would have been heretofore answerable; and ciyiiiy TOWNS.—1820. 429 shall also be liable in like manner both civilly and criminally for all other misconduct and malepractice in office. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. No. 1330.] AN ACT to render legal and valid the election of City Officers for the city of Savannah; and to amend an Act, passed the 23d of May, 1808, entitled An Act to alter the mode of electing City Officers of the city of Savannah. 'reambie. Whereas, the recent malady in the city of Savannah ren- dered impracticable the regular election of city sheriff, city marshal, clerk of the mayor's court, clerk of council, and clerk of the market, there not being at the first regular meeting in October last a quorum of aldermen present to elect said officers, as directed by an act of the General As- 1 sembly of this State passed the 23d of May, 1808 ; be eiec- Be it therefore enacted hy the Senate and House of JRepre- ?r" by°the sentatives of the State of Georgia, in General Assembly i^tbTcit met' an<^ ^ hereby enacted by the authority of the same, '-1 savan-7 That the election of said officers by the aldermen of the city be/iast0" Savannah convened in council at the said first regular :.!ciared' meeting in October last be, and the same is hereby declared iiid.an to be as legal and valid as if the said election had been made by a full quorum or a majority of said board of alder- men at the time designated in said act. ' rf held" § itfurther enacted by the authority aforesaid, i .lid for ail That the said election shall be held and considered legal and iatever f°r purposes whatsoever until the first regular meet- itii the ing of the mayor and aldermen of the said city in January jeting1''fn next, at which meeting, and every succeeding first regular ir "Rafter mee^n^ council in January, the said mayor and aldermen it said shall proceed to elect said officers ; Provided, nevertheless, "annual- ^at sa^ mayor and aldermen shall have full power, and 1 elected, they are hereby vested with it, to alter by ordinance duly i.oviso. passe(j term for which the sheriff and clerk of the court fJ of Common Pleas and Oyer and Terminer for the city of "•■wiso. Savannah shall hold their offices respectively, provided said term do not exceed three years ; And provided, also, that all elections to fill said offices, except in cases of va- cancy happening during the term for which said officers shall have been elected, shall take place at the first regular meeting in January, and that previous notice by advertise- ment in one or more of the gazettes published in said city be given, for the space of ten days, of the time at which said election will take place, pealing § 3. And be it further enacted by the authority aforesaid, use'" That all laws and parts of laws militating with this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 13th, 1820. JOHN CLARK, Governor. o. i33i.] AN ACT to alter and amend an Act, entitled An Act to incorporate the town ofMarion,in the County of Twiggs, and to vest certain powers in the Commissioners thereof L ji'/ mmia- Be it enacted by the Senate and House of Representatives ji' uownof of the State of Georgia, in General Assembly met, and it is l£; irion hereby enacted by the authority of the same, That the com- i0 Tampon- missioners of the town of Marion shall have power and au- thority to pass such by-laws and regulations as they may i)> deem necessary for imposing and collecting a poll-tax upon ^ovigo. the citizens of said town, provided that such poll [tax] shall not exceed one dollar on each and every person liable by law to pay a poll-tax ; and also the sum of twelve and a half cents on every hundred dollars' worth of property sub- ject to taxation by the tax laws of this State, for the term of one year. § 2. And be it further enacted, That the said commis- May pass sioners shall have power to pass such laws as they may deem qUTre tb/6" necessary to require and direct the citizens of said town to make a return, upon oath, to such officer as may be by them oath, the appointed to receive the amount of taxable property by each ^""axa- of them owned or held in said town ; and in case any citi- Me proper- zen shall refuse to make such return when called on for that Defaulters, purpose by the proper officer, then and in that case such de- faulter shall be liable to pay such tax as may be assessed by said commissioners from the best source of information they can obtain, with an addition of fifty per cent, on the amount of such tax for such default or refusal. § 3. And be it further enacted, That the said commis- May tax sioners shall have full power and authority to impose a tax ^biTionlf on all shows, exhibitions, and showmen performing in said and show- town, for the purpose of gain ; Provided, that such tax so Proviso, imposed shall not exceed the sum of ten dollars on each day's exhibition or performance. § 4. And be it further enacted, That no penalty by the Limitation by-laws and regulations of said town shall extend to life, ues^enal" limb, or corporal punishment of any white person, and that no slave shall receive more than thirty lashes for the single violation of any by-law or regulation of said town. § 5. And be it further enacted, That when any tax has Mode of been assessed or fine imposed, in conformity with this act, in case of and the person or persons against whom the same is assessed praxes or imposed refuses or neglects to pay the same, and when assessed or property cannot be found by the proper officer to make the posed!"1" amount of said tax or fine, then and in that case the said commissioners shall have power to order a capias ad satis- faciendum to issue against such person or persons, and im- prison them in the common jail of said county until the same is paid, or until the person or persons so confined shall make oath before some one of the said commissioners that they are unable to satisfy and pay the same. § 6. And be it further enacted, That the said commission- May ap- ers shall have power and authority to appoint such officers Mi*to°ea- as they may deem necessary to enforce and execute such by-laws and regulations as they may from time to time or- collect dain and establish, and to collect all taxes or fines that may fines>&c- be in any case assessed or imposed in such way and manner as the said commissioners may direct. § 7. Andbe it further enacted, That the said commission- Appropria- ers are hereby authorized to appropriate all moneys arising !a0xnes0fand from taxation and fines imposed, assessed, and collected by fines. virtue of any by-laws or regulations adopted in'pursuance of the authority given in this act, in such manner as they may deem most conducive to the interest and benefit of the ci- tizens of said town. § 8. And be it further enacted, That the powers vested a majority by this act in the commissioners of said town shall extend board to their successors in office, and a majority of them shall at any time be as fully authorized to act as a board as if the whole of the members were present; and when any vacancy Vacancies, shall lake place in the board, by reason of the removal, re- signation, t>r death of any of the commissioners, that it shall and may be lawful for the majority of the board to advertise at the court-house door an election to fill such vacancy, giving at least ten days' notice in said advertisement when such election shall be held. § 9. And be it further enacted, That the commissioners ©f Commis- said town shall, before they enter upon the duties of their take^an!0" office, take and Subscribe an oath well and truly to per- oath- form the duties of commissioners for said town, and shall have power to administer such oaths as may be necessary to a proper execution of their duties as commissioners aforesaid* § 10. And be it further enacted> That the time for holding 430 . TOWNS.—1820., ! Time Of an election for commissioners of said town shall be on the Provided, the same be not repugnant to the constitution and KK for first Monday in February, annually, and all the citizens of laws of said State. Commia- tovvri that are entitled lo vote for .members of the State § 5. And be it further enacted, That all laws and parts ot Repeal^ Btonere. Legislature shall be allowed to vote at said election ; and in laws militating against this act be, and the same are hereby Provision case any circumstance should at any time occurwhereby the repealed. DAVID ADAMS, Sectionn° sa'^ commissioners should not be elected on the day pointed Speaker of the House of Representatives, shouidba out by this act, then and in that case it shall and maybe ' * VAL. WALKER? , time pre^'ie lawful for the commissioners of the preceding year to ad- < i President of the Senate, pro tem. scribed, vertise at the court-house door when said election shall be Assented to, December 8th, 1820. held, giving thereby at least ten days' notice, and the com- ,. ' JOHN CLARK, Governor. ■missioners so elected shall be deemed and considered Ss law- — , fully such as if they had been elected on the day pointed AN ACT to alter and amend, an Act passed 18ih Be- {No. 1333,] 1 out by this act. ' - . cember, 1817, to amend an Act passed 27th November, wwte per- § 11. And be it-further enacted, That no person residing 1812, to incorporate the Town of Savdersville, in the &7,BoUb-\ within the limits of said corporation, subject to work on the County of. Washington, and to vest certain powers in the'streets streets °f sa^ town,'shall be compelled to work on any-pub- Commissioners therjeof. not com- lie road further than the limits of said corporation, except it enacted by the Senate and Bouse of Representa- Commit, work'o'n the black-population therein suhject to work on the roads by 0f the State of Georgia, in General Assembly met, the road, the several road laws of this State ; any law to thq contrary an^ ^ -s hereby enacted by the authority of the same, That,tlreet0 notwithstanding. DAVID ADAMS, Morgan Brown, Shadrick Perry, George Kelly, Charles Wil- aboaT Speaker of the House ^Representatives. ]jamgori( an(] WilliamsRollings Be, and they are hereby ap- , ~ MATTHEW TALBOT, pointed commissioners of said toWn, and any three of said resident of the Senate. comrriissioners shall constitute a board, who shall have full Assented to, December 2d, 1820. _ _ _ power to proceed to the business of said incorporation ; and 1 JOHN CLARK, Governor, they, and their successors in office, shall have full power arid Maypa . ~ r . ' - authority to pass all by-laws and regulations which may be y affl' ' [No. 1332.] AN ACT to appoint Commissioners far the town of necessary for the improvement and repairing the streets, Ebenezer, in the County of Effingham, and to author- springs, and. internal police of said town; Provided, never- rmm. ize the said Commissioners to sell the vacant Lots and theless, that such by-laws and regulations shall not be repug- Garden Lots of said town, for the benefit of the Ger- nant to the constitution of the United States and theconsti- man Lutheran C&rlgregation and School in that place, tution and laws of this State, and that no penalty thereby The true- Be it enacted by the Senate and Hous§. of Representatives imposed shall, extend to corporal punishment, except to Genrmtilhe [°f ^ie State of Georgia], in General Assembly met, and it is people of colour, and in that case not to extend further than Lutheran hereby enacted by the authority of the same, That from and whipping, agreeable to the laws of .this? State relative to tfonap^" immediately after the passage of this act, Jonathan Raher, slaves ; nor shall-any tax upon the people of said town be EtommL Gottlieb Ernst, Lewis \Vietman, Frederick Bergman, imposed which shall exceed one dollar on-each poll for the sioners of Ephrairn Keifler, Emanuel Raher, Jacob Guann, jun., Israel, same year. , Ebenezer°f Wietman, and Joshua Zant, trustees of the German Lu- § 2. And be it further enacted, That when any vacancy Vacantia. County of t'ierarr Congregation at Ebenezer, in the county of Effing- in the commissioners of said corporation shall happen by Effingham, ham,"and their successors in office, be, and they are hereby death, resignation, or otherwise, the commissioners in office j appointed commissioners of the town and commons of the shall have full power to, appoint some oiher person within said town of Ebenezer. * the limits of said corporation to fill such vacancy until the Comrais- §2. And be it further enacted by the authority aforesaid, time appointed for the election. havelhe That the said commissioners, or a majority of them, be, and §3. And be it further enacted, That the said commis- May«p-' den'ims^" are ^ere^y authorized, after giving three months' public sioners, or a majority of them, shall have full power to ap- cSV &c. resu'r- notice in one of the gazettes in Savannah, and at three of point a clerk, marshal, and such other officers as they may theptan"*' mos^ public places in the county of Effingham, to have deem necessary to carry into effect all proceedings which «ordedf re"the sai(1 tovvn ,pf Ebenezer, together with the garden lots they may adopt under the authority of this act; and the said e ' and commons thereof, resurveyed and laid out agreeable to commissioners shall be ex-officio justices of the peace, so the original charter and plan thereof, and have the plat fqr as respects the carrying into effect the said a^t of incor- thereof recorded in the office of the cpunty surveyor, and in poration, and they shall be hereby authorized to impose the surveyor general's office of this State, fines for the violation of their corporation rules, issue exe- Authored 3. And be it further enacted, That the commissioners cutions for fines, penalties, and taxes; shall likewise have Taped- cant lots* aforesaid shall have, and are hereby vested with full power and power to exact a tax not exceeding ten dollars per day from alllers" ?ots.Sarden authority, after giving at least one month's notice in one of itinerant traders and pedlers who may offer any goods, wares, the Savannah gazettes, and at three of the most public places and merchandise for sale within the corporation, shows Shoff'' in said county, to sell at public auction, in the said town of which at any time may be exhibited or exposed to view for Ebenezer, or at the court-house of said county, all, or as 'money within their limits ; which shall be collected by the * many of the town or garden lots that are, now vacant as marshal in the same manner as by executions from the jus- they may think proper, and make and execute titles accord- tices' courts : all fines land forfeitures so collected to be ap- JJ* * therefrom ' anc' ^ raoney ai"ism2 from the sale of said lots shall plied to the improvement of said corporation, and the balance piled. bow6 ap-1 be applied for the support of a school for the orphans of said to county purposes. phed. town ant| German Lutheran Congregation, in such manner §4. And be it further enacted, That the said commis- ew**- as the said commissioners may think proper to direct. sioners shall continue in office until the first Tuesday in Pollen. Moveob- § 4.,And &e t'J/ttrJAerenacted, That the said commission- May, 1822, at which time all persons residing within the "ructions ers be, and they are hereby authorized1 to keep open the incorporation eligible to vote by the election law of this streets &c. streets sa^ town> removing any obstruction which may State shall be privileged to vote for commissioners of said ' be laid therein, and to prevent encroachments or trespass incorporation''; and on the first Tuesday in ,May in each and on the lanes, public squares, or commons thereof, and to every y£ar thereafter, the said election shall beheld by one W" make such rules and regulations for that purpose, and for justice &nd one freeholder of said county, they not being the government of said tows, as they may think proper; candidates ; and of failure to hold said pWt;nn asF^", TOWNS.—1820. 431 Section is leld at the iine pre- Ilicribed. ( "o sue and e sued. I Corporate ,,,1 mits. prescribed by this act, it shall be the duty of any justices of the peace of said county, on notice given to him by one or more of said commissioners, to give ten days1 notice by ad- vertising at the court-house said election, which shall be sufficient authority to proceed to elect said commissioners, vided such election is conducted agreeable to the manner before prescribed in this act. § 5. And be it further enacted, That the said commis- sioners shall be capable of suing and being sued in their cor- porate capacity, in the same manner as all other corporate bodies. § 6. And be it further enacted, That the jurisdiction of the said incorporation shall extend to and comprehend all the land one-fpurth of a mile, in each and every direction, from the court-house in said town, which shall be considered the centre of said corporation, and no further. § 7. And be it further enacted, That so much of .the be- fore-recited acts as is repugnant to the provisions of this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives, MATTHEW TALBOT, President of the Senate. Assented to, December 18th, 1820. JOHN CLARK, Governor. o. 1334.] AN ACT* to make valid the acts of the present acting Commissioners of the town of Milledgeville, and to legalize their appointments. jambie. Whereas, the present acting commissioners of the town of Milledgeville were not elected jn the manner pointed out by the charter of said town, and doubts having arisen as to the legality of their appointments, and as to the validity of their acts; ie ap- -Be it enacted by the Senate and House of Representatives heCom- °f State of Georgia, in General Assembly met, and it ssioners is hereby enacted by the authority of the same, That the te'made appointments of the present acting commissioners of thfe lid- tovyn of Milledgeville be, and they are hereby declared as lawful, and their acts as valid, as if such appointments had : been made in the manner pointed out by the charter of said town ; any law to the contrary notwithstanding. •vision § 2. And be it further enacted, That whenever from any ctionis0 cause the citizens of said town shall fail to hold an election d at the for commissioners, in conformity with their charter, it shall ibed? he lawful for any three freeholders to give ten days' notice of an election to be held according to the forms heretofore used, and the persons so elected shall be as lawfully entitled to their appointments as if elected in strict conformity with the charter of said town. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. •amble. That the third section of the above-recited act be, and the same is hereby repealed. § 2. And be it further enacted, That if any member of council, being present in the said town, shall neglect or refuse to appear in council at the times appointed for such meet- ings for three months in succession, that his seat shall be vacated, except he should be prevented by sickness, or ab- sent on public business, of which he shall be bound to make oath before the council; and that an election shall take place for another member in his place, after giving five days' notice. § 3. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. DAVID WITT, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 22d, 1820. JOHN CLARK, Governor. The third' section of said act re- pealed. Any mem- ber of Council who is absent for three months in succession, his seat to be vacant, and hisva- cancy filled. Repealing clause. o. 1335.] AN ACTf to amend an Act, entitled An Act to amend an Act to incorporate the town of St. Mary's ; and to repeal the third section of said Act. Whereas, it has been represented -to this General Assem- bly by the intendant and council of St. Mary's, that the third section of an act to amend an act, entitled An Act to incor- porate the town of St. Mary's, passed the 10th day of De- cember, 1807, has not been found to answer the beneficial purposes contemplated, and that the said act requires amend- ment; Be it therefore enacted by the Senate and House of Repre- sentatives [of the State of Georgia, in General Assembly met], * See Acts relating to, Nos. 1347,1424,1437. f See Acts amendatory, Sc.c., Nos. 1383, 1396,1409,1427. AN ACT* to authorize the Justices of the Inferior Court far the County of Madison to designate and appro- priate a lot or lots in the village of Danielsville, for the purpose of erecting an Academy and Meeting- house thereon. Beit 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 justices of the Inferior Court for the county of Madison may, and they are hereby authorized to designate and ap- propriate any number of public lots in the village of Da- nielsville in said, county, not exceeding two out of any of the lots in said village which remain unsold or unappro- priated, for the express purpose of erecting thereon an aca- demy, a meeting-house, or other buildings, for county pur- poses. § 2. And be it further enacted, That the justices of the Inferior Court of the county aforesaid be, and they are hereby authorized to sell and dispose of all other public lots in the said village which remain unsold or unappropriated, and to appropriate the proceeds thereof to the building of a house for an academy, and the remainder, if any, for the purpose of erecting a me'eting-house, both of which build- ings to be erected in the said village on the lots appro- priated for that purpose ; and if there should be any balance remaining after the expense of erecting the said buildings shall be defrayed, the same shall become a part of the funds of said county, and shall be subject to be appropriated for county purposes. § 3. And be it further enacted, That all laws militating against this law be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. VAL. WALKER, President of the Senate, pro tern. Assented to, December 8th, 1820. JOHN CLARK, Governor. AN ACT to amend an Act, entitled An Act to incorpo- rate the Town of Darien, and for altering the time of election in the same. Be it enacted by the Senate and House of Representa- lives 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 second Monday in January next, the election of aldermen for the city of Darien shall take place on the first Monday in September ensuing, and on the first Monday in September in every year thereafter. § 2. And be it further enacted, That the aldermen elected * See Act No. 1351, amendatory of. [No. 1336.] The Tnfe- rinr Court of Madison County au- lliorized to appropriate a lot or lots in Daniels- ville for erecting an Academy and meet- ing-house. Repealing clause. [No. 1337.] The Alder- men of the city of Da- rien to be elected on the first Monday in September annually. 432 , TOWNS.—1821. • Their con- on the second Monday in January shall "continue in office § 2. And be it further enacted, That the site of the public Tj>« jwti in office! until the first Monday in September. - buildings of the said county of Walton shall be, and they are ma(le^ Repealing § 3. And be i( further enacted, That all laws or parts of hereby made permanent at Monroe. # MoS.w clause. jawg miijtating against this act be, and they are hereby re- » § 3. And be it further enacted by the authority aforesaid, coninii;, pealed. DAVID ADAMS, That from and alter the passing of this act that the follow- Speaker of the House of Representatives, -ing persons, viz?, Elisha Betts, Vincent Haralsop, James Montoe,? MATTHEW TALBOT, West, Thomas Moody, and George W. Humphries be, and p0""* President of the Sena/te. they'are hereby appointed corhmissioners of the town of « * Assented tof December 2d, 1820.. ' . Monroe, in the county of Walton ; and they or a majority JOHN CLARK, Governor, df tliepi shall have full power to convene at any time after the » - > ' • passage of this act, and proceed to the appointment Of a clerk May ap. [No. 1338.] AN ACT to amend an Act, entitled An Act to appoint and such other officers as they may deem necessary to carry Commissioners for the better regulating and govern- this act into execution. ' ment of the Village of Salem, and for incorporating § 4- And be it further enacted, That the said commis- • the same, passed Uth November, 1818. shall hokl their respective appointments hereby given Pre.mb)e. Whereas, the limits lof said village are not by said act [hem until the first Monday in January, one thousand eight well defined for remedy wherbof, . . . hundred and twenty-three ; atwhich time, and on every sub- Corporate SI. Be it enacted by the Senate and House of Represents se W®[ thereafter, the citizens of the town of Monroe Ki tines of the State of Georgia,'in General Assembly met, and entitled to vote for members of the General Assembly shall «—• , it m hereby inacted by the- authority of the same, That from ^oose by ballot five persons to succeed them . as commis- and after the passing of this act the limits of said vib: stoners of said to.wn ; and they are hereby invested with full lage shall extend, from the centre thereof, a half mile in all .P°wer >nd authority to make such by-laws and regulations Maf male directions » ) DAVID WITT to in^lct suc'1 Pains> penalties, and forfeitures, and do all Speaker of the House of Representatives. other incorporate acts, as in their judgment shall be most « MATTHEW TAT/ROT , conducive to the goodiorder and government ot the said town , ' . ' ' x - ' President df the Se'qate' Monroe; Provided, that such by-laws and regulations provk. Assented to, May 16th, 1821, ... ' "■ ' ' ' bf "ot repugnantto the laws and, constitution of this State; t . . JOHN CLARK Governor. ^nd provided, also, that no poll-tax shall exceed one dollar, Pro™. A - ' aijd the punishment of slaves not to extend to affecting of life, ttto-tmi AN ACT to authorize the Justices6f theInferiorCourt further-enacted, That any two'or mom*.. of Burke County to seJL a certain- Lot of Land in the ■ Jice3 #f ,he ^ or .jus(ices of (he Infe].ioI. Comt fcr ^ town of Waynesborough, on which the old Court-house county of Walton, not. being themselves candidates, are "c— is situated, and make litles to the same. 1 hereby authorized and required to preside at such elections81011611 rior6 court _ § L Beit enact edby the Senate and House of Representa- for commissioners as aforesaid ; Provided, that nothing Proviso, of Burke tives of the State of Georgia, in General Assembly^ met, and herein contained shall be construed as to prevent the re- thorlze^to ^ ™ enacted by the authority of the same? That from election of any commissioner pursuant to this act. sell the lot and immediately after the passing of this act the justices , § 6> And be it further enacted,, That should there be no Proton "orou/iT" of the Inferior Court of Burke county, or a majority ,of them, election held on the day pointed out by this act, 'for that ffiSdY ,sha11 be' they1are1her,eBy authorized to sell and dispose cause this act shall not be void, but an election may be held flf1* court-. < of a certain lot of land belonging to said county in the, town on any other day within three months, a justice df the peace simated! ' of Waynesborough, on which the old court-house is situated, or justice of the Inferior Court first advertising"in said townscrlbed' and to make and execute a deed m fee-simple to, the pur- ten days before said election. K7p. . chaseri which money arising from such sale shall be.p-aid .§ 7. And le u further enacted, Thafthe said cdmims- Pued. over to the clerk of the Inferior Court pf said county for sfoners have full power to extend the incorporation lawsXf^ " county purposes ; and that previous to such sale the said- over aU the \ot9 and ]and adjoining said town, agreeable to 'justices shall give at least twenty days public notice in three, the p]an of said towrt laid off for county purposes, also those : or more public places in said county, and at the court- lots reserved by Elisha Betts, esq. house. 1 . , DAVID ADAMJ3 aSf* 'J.*' A^VUMher enacted, That all laws or parts , ' Speaker of the Hous4 Of Representatives, of laws imluating against this act he, and the samfi are MATTHEW TALBOT, ■ hereb7 repealed DAVID WITT,, - ■ • President of the Senate. Speaker of the House of Representatives. Assented to, November 30th, 1821. MATTHEW.TALBOT, ,• ' JOHN CLARK, Governor. President of the Senate. Assented to, May 16th, 1821, , AAT A 7 ' _ f JOHN CLARK, Governor. t0 the site of the Publicum • ' Buildings at the Village of Gainesville, in fhe County Preamble. [No.mo.iAN.ACT to make permanent tie site of the Public ' f and to incorporate sa,id Village., Buildings far the County of Walton, at Monroe, and \ § 1' elacted hVtlie Senate and House of Representa- to incorporate the same. tives of the State of Georgia, in General Assembly met, in Han „t, • • r ai „ v and lt ls hereby enacted by the authority of the same, That he,r7s- ,he co™?'fs.oners for the county of Walton the court.hou^ and jail 0f said co„„ty VHoII be, and the appointed by an aot of the Legislature-passed on the 19th. samdare hereby declared and required to be permanently-" day of December, 1818, did fix on the site of the pubhc ,00ated upon Iot 148 in the ninth4dislrrct of said county, at, butldings in said county, and did obta.n part of lot number a pIace now known and called b lhe name of Gainesville. - saty.five in the tlnrddtstnct of WaUon for county purposes; 5 2. AndbeUfurther enacted by the authority aforesaid, J, • ,Br " Tfr y 'keSTe That Stephen Reid, John Sanger, John Finchfjesse ClaySS? Commis- presentatwes qfthe State of Georgia, in General Assembly met, torii and Eji g0utherland be, and they are hereby appointed ^ regard! to ^ uherebyenacted by the authority ofthesame, That the commissioners of the said village of Gainesville, afid they the pur-1 proceedings of the commissioners, so far as respects the ffielotcon- purchase, is hereby confirmed and made valid in law. ' •" ♦ gee Act No. 1372, amendatory of. ' firmed. ' ,, TOWNS.—1821. 403 or a majority of them, and their successors in office, shall jiay pass have power and authority to pass all by-laws and ordinances by-'a^s. t^ey or a majorjty 0f them may deem necessary and expedient for the well-governing and good order of said vil- lage, and for keeping the streets and public springs of the same in repair. 'corporate § 3. And be it further enacted by the authority aforesaid, k "0r,tai°" That the corporate authority and jurisdiction of said commis- sioners shall extend to, and be exercised over all lots which 1 now are or which may hereafter belaid out within said village, flection of § 4. And be it further enacted, That the inhabitants of said MoDersf" village entitled to vote for members of the Legislature be, t - and they are hereby authorized, on the first Saturday in Ja1- nuary, in the year eighteen' hundred and twenty-three, and on the first Saturday of January in each and every year thereafter, to elect five commissioners, with the like powers of those hereinbefore named, ten days' notice of said election being first given by the commissioners for the time being, by publication at the court-house door ; at which said elec- i tion one or more magistrates shall preside. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, November 30th, 1821. JOHN CLARK, Governor. No. lm] AN ACT to amend an Act, entitled " An Act to incor- porate the town of Darien," passed the 12th Decern- ber, 1816; and to amend an Act, entitled " An Act to make the town of Darien a City," passed the ISth - December, 1818 ; and to extend the Jurisdiction of the 1 city of Darien in certain cases. ; 'he juris- Be it enacted by the Senate and House of Representatives ieU'Mayor °f the State of Georgia, in General Assembly met, and it is nd Aider- hereby enacted by the authority of the same, That from and lento ex-a^ter the passing of this act, the jurisdiction of the mayor ^e'townofanc* a^ermen the city of Darien shall extend over the lcimosh. town of Mcintosh in as full and ample a manner as it does over the city of Darien, with the exceptions hereinafter stated. 'he juris- § 2. And be it further enacted, That the jurisdiction of * JarSenex- the city of Darien shall, from and after the passing of this i^edover act5 extend over all lots and streets which has been or here- vithin jone after may be laid off as town or city lots (in addition to those aiie of the Mcintosh town) adjoining to, or within one mile of the , plan of the town of Darien as recorded in the surveyor gene- j ral's office, in the same manner as it does now extend over the city of Darien, with the exceptions hereinafter pointed out. : 'he lots in § 3. And be it further enacted, That the mayor and al- icimosh°f Mermen °f the city of Darien shall not tax the lot or lots in ' necessary labour on any part thereof, and levy a tax within board may if they, shall deem it necessary transcribe their the said corporate limits to defray the expense thereby in- minutes and other record proceedings into new books, and curred ; Provided, that in case a part is done by contract, Proviso, any transcript thereof on being approved by them shall be the hands that would otherwise "have worked thereon shall held and taken as the original. . not be thereby exempted from working on the parts not con- Their piw- § 4. And be it further enacted by the authority aforesaid, tracted for ; and the said board may pass all such ordinances, Their sen* lodpriv?-'That the said board may appoint from their own body a and do all such other acts, not repugnant to the constitution ra,J°ffm boara"" P^sldent, and may appoint such other officers as may be or laws of this State or of the United States, as may be ne- oar ' necessary, and in their absence may appoint such officers cessary to the accomplishment of the purposes herein men- - pro tempore ; and' may allow, except to such as may *be tioned, and of all other matters of police within the corporate members of the board, a compensation for their services: limits as they shall deem conducive to the health, safety, they shall have power to remove such officers, and appoint peace, and well-beipg of the inhabitants thereof; Provided, Proviso, others in their stead, and to prescribe and settle all the forms that nothing herein contained shall in anywise affect the and details necessary and proper to give effect to their powers and duties of the Commissioners of the academy of ordinances. While sitting as a board the said commission- the town of Washington, as regulated by law. ers shall have the same power as justices of the peace now § 9. And be it further enacted by the authority aforesaid, May in- have of punishing contempts and coercing their officers ; That the said board may punish, all offences by white per-pose a ^.nd said officers shall remain subject to this authority sons and by free -persons of colour against their ordinances twelve months after they shall be out of office, as to any by fine not exceeding two dollars, except on itinerant gam- money or papers in their hands : said board of commis- biers, and on them not exceeding one hundred dollars; no sioners shall have at any time, within the corporate limits corporal punishment shall be inflicted on any white person, of the said town, authority to preserve, the peace, and shall nor shall punishment be inflicted on persons of colour ex- be authorized to administer oaths in relation to such duties, ceeding ten stripes ; to enforce the payment of fines, taxes, Modeof and in any matter within the cognizance of the board ; and and all other moneys accruing otherwise than by contract, in suits against the said commissioners or their officers, or the board may issue their execution against either the per- the pay- any of them, they shall be entitled to the benefit of any son or property of the delinquent, which shall have the force ment statutes or laws in force for the time being in respect to and effect of a justice's judgment and execution. If pro- suits against justices of the peace and constables respec- perty levied on by the marshal shall be claimed by any other t tively. person than the delinquent, and such claimant or his agent The oorpo- § 5. And be it further enacted by the authority aforesaid, shall make affidavit in writing before any one of the com- of the town That the town limits, hs mentioned in this act, shall embrace missioners that such property belongs to him, the levy shall defined, j all ^he lands within the town plat; the corporate limits of stancl dismissed; and any person swearing falsely therein the said town shall include the town plat, and all the lands shall be punishable as in other cases of perjury. The mar- within lines to run on each side parallel with, and one mile slial, or other ministerial officer or officers of the said board, distant from the centrfe, of the side of said town plat. and their deputies, shall in the execution of their office have May prohi- § 6-. And be it further enacted by the authority aforesaid, the power, and be entitled to the fees of a constable. movenoi>-re" That the said board shall have the superintendence of the § 10. And be it further enacted by the authority aforesaid, Appwp^ siruetions; streets, and may prohibit or remove all obstructions of or That the corporate funds, after defraying the charges inci- streete. encroachments thereon, and all nuisances Within the said dent,to the levying and collecting thereof, shall be by the^ Levy a poll town limits ; and they may within the said town limits levy said board applied to the necessary expenses and improve- tax' and collect, in a summary manner, an annual poll tax, not ment of the said town, in such manner as the said board exceeding one dollar on each,free person, and not exceeding may deem most advantageous; and. the said board shall twenty-five cents on each slave, usually resident therein ; and publish annually at the end of each year an account of such a tax not to exceed twenty-five cents on every hundred dol- corporate funds, exhibiting the amount received in that year, lars' value of all real estate, stock in trade, and other personal and the several objects and amounts of expenditure, includ- estate, and any other property or thing therein that may at ing the balance either way from the year preceding. And , the time being be taxable by the laws of this State ; and also if any preceding commissioner shall retain in his hands any Tax«hows. a tax, not exceeding five dollars for each day, on all itine- such moneys or any papers which he may have received rant exhibitions and performances therein for money. while in office, he may on refusal be compelled to pay over fttaycollect § 7. And be it further enacted by the authority (foresaid, or deliver the same or account therefor, as provided in the tfoT'i'imUg" That the said board may, within the corporate limits exclu- fourth section of this act, in cases where officers of the board £oiofsive of the town' *evy anc* co'lect as aforesaid an annual are in like default. no^toj"-' poll tax, not exceeding fifty cents on each free person, and §11. And be it further enacted by the authority aforesaid, TOWNS.—1821. 435 ?£to?p2 tJl's act g° into operation on the first day °f Fe" ration on bruary next, and all acts militating therewith shall thence- $eFebrdu-y forvyard stand repealed, except as to any rights, duties and ary next, liabilities that may have accrued under them. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 7th, 1821. JOHN CLARK, Governor. [No. 1344.] an ACT to amend an Act, entitled " An Act to appoint Commissioners for the Town of Ebenezer, in the County, of Effingham, and to authorize the said Com- missioners to sell the vacant Lots and Garden Lots of said Town for the benefit of the German Lutheran Congregation and School in that place. Preamble.' Whereas, there is no provision in the above [recited] act, which requires the holders of lots and garden lots at Ebe- nezer to make return of the same, without which return the commissioners appointed under the said act cannot correctly t ascertain those lots which are vacant; i'boidhJ18 § 1- it enacted by the Senate and House of Representa- .. ots, &c. in tives of the State of Georgia, in General Assembly met, EhbVn°ezei°f an<^ ^ hereby enacted by the authority of the same, That > make a all persons holding lots or garden lots in the said town hereof. °f Ebenezer in their own right, or as executors, trustees, 1 guardians, or agents, shall make a return of the same to the said commissioners within three months after advertisement in one of the Savannah gazettes, calling for such return, and 'revision if if in cases where no return is made, the commissioners shall io return . -i • . /». * made, cause to be represented m the map of the said township un- returned lots as vacant lots, lommis- § 2. And be it further enacted, That the commissioners, nay lay off in addition to the town, may lay off two-acre lots on the com- moiTthe mons opposite the town, for the benefit of their institution, •ommon. containing not more than fifty acres of said common. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 15th, 1821. JOHN CLARK, Governor. No. 1345.] AN ACT to make permanent the site of the Public Buildings in the County of Rabun, and to incorporate the same. The public § 1 .Be it enacted by the Senate and House of Representa- iabun§Sin tives of the State of Georgia, in General Assembly met, and ixed'at ^ hereby enacted by the authority of the same, That Claytons- from and after the passing of this act, the site of the public 'llle-. buildings for the county of Rabun be, and the same are hereby declared to be permanently fixed on lot number twenty, in the second district of said county; which said public site shall be called and known by the name of Claytonsville. ioners of § ^n^ *>e ^ further enacted, That Cleveland Coffee, 3aytons- William Jones, David Mozeley, Solomon Beck, and Jo- ointedl seph Jones, and their successors in office, be, and they are hereby appointed commissioners for said town in the Iay^nake county of Rabun, with full power to make such by-laws and y aws' regulations which may be necessary for the improvement and repairing the streets, springs, and internal police of said 'roviso. town; Provided, such by-laws, rules, and regulations shall not be repugnant to the constitutional laws of this State. Election of § 3. And be it further enacted, That the commissioners ione"sS' above-mentioned shall continue in office until the first Mon- day in February, eighteen hundred and twenty-three, at which time, and on the first Monday in February in every year thereafter, the inhabitants of said county who are entitled to vote for members of the General Assembly shall convene at the court-house in said town, and by ballot elect five com- Ii i2 missioners, who shall continue in offiqe for one year ; which said election shall be superintended by two justices of the peace for said county. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 15th, 1821. JOHN CLARK, Governor. AN ACT* to incorporate the town of Lawrenceville, in [No. i346.j the County of Gwinnett, and to make permanent the site of the public buildings of said County. § 1 .Be it enacted by the Senate and House of Representa- Commis- tives of the State of Georgia, in General Assembly met, and Lawrence- it is hereby enacted by the authority of the same, That James vi"e in Wardlow, Hugh B. Greenwood, James McClure, John Coumyap- Geddes, sen., and Paskel Brooks, and their successors in [v°^tep«iw. office, shall have full power and authority to pass all by-laws er to make and regulations which may be deemed necessary for the by"laws- improvement and repairing the streets, springs, and inter- nal police of said town : Provided, nevertheless, that such Proviso, by-laws, rules, and regulations shall not be repugnant to the constitution of the United States and the constitution and laws of this State, and that no penalty thereby imposed Limitation shall extend to corporal punishment, except to people of and^axes. colour, nor shall any tax upon the people of the town be imposed which shall exceed one dollar on each poll for the same year. § 2. And be it further enacted, That the said commis- Their eon- sioners shall continue in office until the second Tuesday in January, in the year eighteen hundred and twenty-three, on which day, and on the second Tuesday in January in each Eieotion and every year thereafter, all free male white citizens of the sk>ners.miS" said town who are entitled to vote for members of the General Assembly shall assemble at the court-house of said county, and by ballot elect five commissioners, who shall continue in office for one year ; at which election any two justices of the Inferior Court, or justices of the peace, may preside. § 3. And be it further enacted, That when any vacancy Vacancies, in the commissioners of said corporation shall happen by 1 resignation or otherwise, the commissioners in office shall appoint some other person, within the limits of said corpo- ration, to fill such vacancy, and the person appointed shall continue in office the same length of time his predecessor would have done had no such vacancy taken place. § 4. And be it further enacted, That the said commis-May ap- sioners, and those hereafter appointed, or a majority of£.torti' them, have power to appoint a clerk, marshal, and such other officers as they may deem necessary to carry into effect all proceedings which they may adopt under the authority of this act, and the said commissioners shall be ex-officio jus- tices of the peace, so far as respects the carrying into effect the said act of incorporation; and they may impose fines for impose violations of their corporate rules, issue executions for fines fineb' and penalties, and for taxes, and shall have power to exact a tax on all public shows which may be at any time exhi- Tax shows, bited or exposed to view for money within the limits of said corporation, which shall be collected by the said marshal in the same manner as executions from the justices' courts. § 5. And be it further enacted, That the said town of Lawrence- Lawrenceville be, and the same is hereby declared to be the ciarecuite permanent site of the public buildings, and of the adminis- site of tration of justice in said county. buildings. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 15th, 1821. JOHN CLARK, Governor. * See page 57, and Act No. 1366, amendatory, See. ± 436 TOWNS—1821. [No. 1347.] AN ACT to repeal an Act, entitled " An Act to amend That all acts or parts of acts militating against this act be, an Act, entitled An Act to amend and consolidate the and the same are hereby repealed. VTt> aha MS several Acts for the better regulation and government • TT of the town of Milledgeville," passed the 21s< Deietn- Speaker "^IrrHEW T ALBOT, ' ber, 1819. • , President of the Senate., Be it enacted by the Senate and House of Representatives Assented to, December 3d, 1821. __ ^ of the State of Georgia, in General Assembly met, and it is ■ , JOHN CLARK, Governor. hereby enacted by the authority of the same, That from and — after the passing of this act, the act entitled "An Act to AN ACT to authorize the Mayor and Aldermen of the[ No. 1350.J amend an Act, entitled An Act to amend and consolidate the city, of Darien to establish a Night Guard, and to several Acts for the better regulation and government of the define defaulters, and to exempt the citizens from pa- town of, Milledgeville," passed the 21st December, 1819, trol duty in other parts of the County. i be, and the same is hereby repealed^ ^ ^ ^ § X.Beit enacted by the Senate and House of Representor Them.,,* Said Act repealed. DAVID ADAMS, Speaker of the House of Representatives. -s enacted by the authority of the same, That the mayor nenVul^! tives of the State of Georgia,in General Assembly met, and it ®"edn^ MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1821. JfOHN CLARK, Governor. and aldermen of the city of Darien be, and they are hereby authorized to require the citizens and residents of the city of Darien to perform night guard, and to appoint the offi- fom^' cers to command. guard' And be it further enacted by the authority aforesaid, PensoM [No. 1348.] AN ACT to amend an Act to incorporate the town of That the mayor and aldermen^hall cause the persons liable gjjj Clinton, in the County of Jones, and for the appoint- to perform patrol duty residing in Darien to be taken as to be taken ment of Commissioners for the better regulation and nearly in rotation as possible, and shall call out not more rotation? government of said town, passed the 4th day of De* cember 1816 . §3. And be it further enacted by the authority aforesaid, more than That if any person or persons summoned to appear and five of i The corpo- "§ 3. Be it enacted by the Senate and House of Repre- perform night guard in the city of Darien shall fail to appear Any p«- oftethemiU sentatives of the State of Georgia, in General Assembly met, by the hour appointed, or shall fail to perform the duty cor- todif"' town of and it is hereby enacted by the authority of the same', That rectly, he or they shall severally be fined in a sum not ex- ^ tended!"i fro™ and after the passage of this act, the powers of the ceeding one dollar and fifty cents for each default or patrol Ha- incorporation of said town of Clinton shall extend one-half neglect; Provided also, that widowers shall not be liable £°J mile each way from the court-house in said tbwn, anci all to perform night guard or find a substitute. Pro™- persons residing within said limits shall be liable to all rules and regulations made by said incorporation, that are conso- nant to the constitution and laws of said State ; Provided, nevertheless, that nothing herein contained shall be so con- strued as to include the premises of Charles J. McDonald. Persons re- siding except within the ihcorpora- tion. § 4. And be it further enacted by the authority (foresaid, captain That it shall be the duty of the captains of the militia and Hf," volunteer companies residing in the city of Darien, to fur-listofte nish a list of their companies when required ; and on failure whendi. to do so the captain or commanding officer of such com- ^hetiii, § 2. And bey it further enacted, That all persons residing pany so failing shall be fined in a sum not exceeding thirty 1*101 therein ex- within the limits of said incorporation shall be exempt from dollars for each refusal or neglect. ' fiM' raddutm working on the Public roads j except those within said ihcor- § 5. And be it further enacted by the authority aforesaid, Persona«- uy poration, so long as the said incorporation shall continue That the persons residing in the city of Darien liable to $2^ to exist. perform night guard shall be exempt from performing pa-1*10 . DAVID ADAMS, frol duty out of the city of Darien. Speaker of the House of Representatives. § 6. And be itfurthe r enacted by the authorit aforesaid, MATTHEW TALBOT, That all laws and parts of laws militating against this act perform^ President of the Senate, be, and the same are hereby, repealed. out of'Sit Assented to, December 21st, 1821. DAVID ADAMS, city v JOHN CLARK, Governor. Speaker of the House of Representatives, clause."11 / MATTHEW TALBOT,v tN.. *1 AN ACT to repeal somuch of the fourth section of the Assented t0, December 21st, ISaL1""16"1 °f Se°atiedhre" passed at Augusta, February 10th, 1787, as. restricts the allowance of a salary to the mayor of Savannah, be, and the same is hereby repealed. The corpo- § 2. And be it further enacted by the authority aforesaid, cond section of the before-recited act be, and the same is ration au- mi . ,1 t> ,i .. ~ ~ ... . . - - thorized allow lary Mayor, payable out of the public treasury. to That the corporation of the city of Savannah shall have full hereby repealed. toath!" Power and authority, and the same is hereby given unto the 0 e corporation aforesaid, to allow the mayor a salary as com- pensation for his services, and which salary shall be fixed by the said corporation, payable out of the public treasury of said city. § 3. And be it further enacted by the authority aforesaid, DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 3d, 1821. JOHN CLARK, Governor. TOWNS,—1822. 437 [No. 1352.1 AN ACT to lay out a Town on the reserve on the Ocmul- gee River, and to dispose of part of the Lots in said town; and also to dispose of the Fractional Lots of Land in the territory lately acquired from the Creek and Cherokee Indians. » Five Com- Be it enacted by the Senate and House of Representatives "d'beeiect- of the State of Georgia, in General Assembly met, and it is the\own°o? enacted by the authority of the same, That there Macon. shall be elected during the present session of the Legisla- ture, by joint ballot thereof, five commissioners to lay off a town on the reserve on the Ocmulgee river, on the west side of said river, at some convenient and suitable place near the bank thereof, to be called and known by the name of Macon. Within § 2. And be it further enacted, That the said commis- months to sioners, or a majority of them, shall within three months townffandd a^ter e^ect^on Proceed to lay off the said town, and .three' shall within three months thereafter sei up and expose to thereafter sa^e not exceeding twenty half-acre lots in said town, first 'lotstosaie days' notice thereof in one of the public ga- .0 0 s e' zettes in the cities of Savannah and Augusta, and in the rheir com-town of Milledgeville; who shall receive four dollars per rpensation. w]1jje jn service. purchasers § 3. And be it further enacted, That the purchasers of rayone-0 sa^d lots shall pay one-fourth of the purchase-money down L. ourth in in cash, or in bills of some of the chartered banks of this l^hebaiance State, and give bond with good and sufficient security for talents'1" ^ie residue, payable in three equal annual instalments, i jpon fail- § 4. And be it further enacted, That upon the failure to L ny TJtau PaY anY instalment when due, the treasurer of this State shall l^ientwhen proceed to issue his execution against such defaulting pur- urer to is- chaser, which shall be levied on the property of the said pur- r> ion CandU chaser and his security, or either of them, in the same man- )t liable ner as though said execution had issued on a judgment ob- derefor. tainecj jn any Qf the courts of law in this State ; and the lot or lots so purchased shall be subject and liable to satisfy the amount due to the State for the purchase of the same in pre- ference to all other claims, and shall not be subject to be sold under any other execution until said debt to the State shall have been discharged. ' 'ive Com- § 5. And be it further enacted, That there shall be elected ia:Jbe°eie«- by joint ballot of the Legislature, during the present session, to sell five commissioners; they or a majority of whom shall pro- rations, cee(j agreeable to the provisions of this act to sell the frac- tional parts of surveys, lots, and all islands in the Oconee, Ocmulgee, Flint, and Altamaha rivers, and within the streams emptying into the same, which are not included within the lines of any lot in the counties of Henry, Fayette, Newton, Monroe, Houston, Dooly, De Kalb, Bibb, Pike, Crawford, Irwin, Early, Telfair, and Appling, with the exception of those'lying adjoining the reserve on the Ocmulgee ; which 'o be sold said fractions shall be sold at the town of Milledgeville, com- 0,rEieif£ mencing on the first Monday in November next, and con- ember tinuing from day to day, Sundays excepted, until all the "r X' fractions lying in the aforesaid counties, except as heretofore excepted, are sold ; Provided, that nothing herein contained shall authorize the commissioners aforesaid to commence iiours of said sales at an earlier hour than ten o'clock in the forenoon, le' or continfie beyond the hour of three o'clock in the after- noon. jmmis. § 6. And be it further enacted, That the said commis- vebond sioners shall, before they enter on the duties required of them idsecu-: by this act, give bond with two or more good and sufficient we™?8 securities for the sum of twenty thousand dollars each, pay- twent™ a^e to excellency the Governor for the time being and ouaamT his successors in office, which said bond shall be taken by llar8, the Governor or any two or more justices of the Inferior Court where the said commissioner may reside ; which said bond shall be deposited in the executive office. And the said commissioners shall moreover take and subscribe the following oath, to be endorsed on the back of the said bond: " I do solemnly swear that I will faithfully perform all the Their oath, duties required of me as commissioner, agreeable to the true intent and meaning of the act to lay out a town on the reserve on the Ocmulgee river, and to sell the fractions, lots, and islands in the territory acquired from the Creek and Cherokee Indians; that I will further make a just and true return of my proceedings within thirty days after the expira- tion of said sales ; and that I will moreover pay over to the treasurer of this State within the aforesaid time all moneys received by me on account of said sales." § 7. And be it further enacted, That the highest bidder The h'gh- for any fraction or fractions, lot or lots, or islands authorized topaydone- to be sold by this act shall be the purchaser, who shall pay ^th in to the commissioners aforesaid one-fourth part of the pur- chase-money or in cash or bills of the chartered banks of this State ; on the payment of which the said commissioners, commis- or a majority of them, shall give to such purchaser a certificate ^"e[bet0 stating the amount paid and the amount of said purchase- purchaser a money then due and to be paid in three equal annual instal-cemficate- ments. § 8. And be it further enacted, That any purchaser failing Purchaser to pay any instalment to the treasurer within sixty days after payan^0 they become due shall forfeit the amount paid, and said lands other than town lots shall revert to and become the property the amount of the State. paid- § 9. And be it further enacted, That when the last instal- Wh^njast ment is paid agreeable to the face of said certificate given by isVaidThe the commissioners aforesaid, it shall be the duty of his excel- ^ra'use'a lency the Governor to cause a grant or grants to be made grant to is- out in the name of the holder of said certificate, agreeably holder of to the laws now in force regulating grants; which said ce'tifi- ° ° cate upon grant shall be given to the holders of said certificate or cer- his paying tificates on his paying the sum of four dollars and fifty cents ®45Q* for office fees. § 10. And be it further enacted, That any person or per- Any bidder sons bidding for fractions, lots, or islands as aforesaid, and compfyto failing to comply with the provisions of the seventh section ®^al{h^r~ of this act, shall forfeit the right of having any further bids rfghtof cried by the commissioners ; and said commissioners shall on the next day of sale put up and offer said fractions, lots, bids cried, or islands for sale, as though it had not been previously {^siobe bid off. resol<»- § 11. And beit further enacted, That the surveyor general surveyor shall furnish the commissioners, twenty days previous to the ^njgh1^ commencement of said sale, with a map of the aforesaid Commis- fractional surveys, lots, or islands intended by this act to bfe with a map sold, and with the number of each lot of land joining said frac- Sonse&cC" tion ; for which he shall receive an adequate compensation, to be adjudged of by the Legislature. § 12. And be it further enacted, That the said commis- Commis-' sioners shall commence the sale of said fractions, lots, and offathe0 islands aforesaid by offering for sale the lowest numbered J?lr6^g'in fraction in the lowest numbered district in numerical order, numerical and so on, in said, counties, in the order they are mentioned order" in the fifth section of this act; which said commissioners Their com- shall receive for their services four dollars each per day for Pensatlon- the time they are employed in discharging the duties required of them by this act. § 13. And be it further enacted, That the said commis- J°eadYcr- sioners shall advertise in one of the public gazettes of Sa- days'be?* vannah, Augusta, and Milledgeville, thirty days before the commence- commencement of said sales, the time of their commence- ment or ment, specially pointing out the days on which the frac-sale' tional surveys, lots, and islands in each district will be offered for sale. § 14. And be it further enacted, That the Governor be, Lots of and he is hereby required to furnish the commissioners darawn°for aforesaid with a list of all lots of land authorized to be t°t>e offer- drawn for in the late land lotteries and not drawn, shall be at theraSS- offered for sale at the same time and place agreeable to the time- 438 Certificates transfers- ble, and the holder entitled to a grant upon pay- menl of the office fees. Repealing clause. TOWNS.-1822. provisions of this act; Provided, nothing herein contained shall be so construed as to authorize the sale of any frac- tional surveys on the Florida line, or lots number " ten" and " one hundred," heretofore reserved. § 15. And be it further enacted, That the certificates granted under this act shall be transferable, and any legal holder of any certificate for any fraction or fractions, square lot or lots, or islands, shall be authorized, upon paying into the treasury of this State the full amount of the pur- chase-money, to have the interest of the amount unpaid de- ducted from the original amount; and on producing the treasurer's receipt he shall be entitled to receive a grant for the same, on the payment of the office fees provided by this act. , § 16. And be it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. ' ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN* CLARK, Governor. AN ACT to give Master Carpenters and Master Ma- sons a lien on Buildings erected by them in the town of Milledgeville. Be 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 after the passing of this act, all master carpenters or master masons who shall erect building or buildings in the town of Milledgeville, where no agreement or agreements have been entered into between the parties either by parole or in writ- ing sufficiently securing the amount to be paid for the erec- tion of such building or buildings, shall have full power and authority to retain the keys of said building or buildings, and also a lien on the same for the amount or amounts that may be due and owing them. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, r President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. [No. 1354.] AN ACT to extend and define the limits of the Corpora- tion of the town of Madison, in the County of Mar- [No. 1353.] Master car- penters and master ma- .sons have full power to retain the keys and also a lien on buildings erected by them for the amount that may be due. AN ACT to vest in the Mayor and AXderrmn of the city of Savannah the right to appoint [the Harbour-master for the port and harbour of Savannah, and to rcgu- iatc tiis duties Be it enacted by the Senate and House of Represent- ativcs of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, 1 hat the mayor and aldermen of the city of Savannah shall, on their first regular meeting after the twenty-third day of No- vember next (1823), and annually on their first regular ipeeting in December thereafter, proceed by ballot to elect a harbour-master for the port and harbour of Savannah, who shall be under the direction and control of the said mayor and aldermen, and subject to such ordinances, rules, and regulations as the said mayor and aldermen may make and prescribe for the better regulation of the said port and har- bour of Savannah. , § 2, And be it further enacted by the authority aforesaid, That all laws ahd parts of laws militating against this law be, and the same are hereby repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, . ' President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. [No. 1355.) Mayor tod Aldermen at their fint regular meeting annually (, elect a H,,. bour-mai. ter for the port and harbour of Savannsh, subject to such ordi- as they may pre. scribe. Repealing clause. Limits of the corpo- ration to t include all lands with- in half a, mile of the public square. Exception thereto. Commis- sioners of said town authorized to make - by-laws, impose taxes and fines. Proviso. Be it enacted by the Senate and House of Representa- fives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the limits of the corporation of the town of Madison, in the county aforesaid, be, and the same are hereby extended so as to include all lands lying within one-half mile of the pub-i lie square, except the lands of Adam G. Saffold, Thomas McCartan, and Jubal E. Watts,,not heretofore included in the corporate limits of said town. § 2. And be it further enacted by the authority aforesaid, That the commissioners of said town be, and they are hereby authorized to make such by-laws, ordinances, and re- gulations, and impose and inflict such tax and fines, as in their judgment may be conducive to the good order and go- vernment of said town ; Provided, that such by-laws, ordi- nances, fines, impositions of taxes as may by them be made, be not repugnant to the constitution and laws of this State. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 23d, 1822. JOHN CLARK, Governor. AN ACT to amend an Act entitled An Act for the bet- [No. 1356.1 , ter regulation and government of the toum of Sparta, in fhe County of Hancock; and to amend an Act amendatory thereof, passed the 13th day of December, 1816 ; and further to define the duties and powers of the Commissioners of said town. Be it enacted by the Senate and House of Representatives Who ena- of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the free missioned male citizens resident within the town of Sparta, as hereinaf- ter described, being entitled to vote for members of the Gene- ral Assembly of this State, shall be authorized to elect by bal- lot at the usual place of holding elections in said town five free white citizens resident and freeholders in said town, as commissioners of the village of Sparta, in the county of Hancock ; which election shall be held on the first Monday commis- of May now next, and on the first Monday in May every year thereafter, between the hours of nine o'clock in the on the first morning and two o'clock of the evening ; and shall be super- May ami- intended by three persons, one of whom shall be a justice of ^ner0f the peace or of the Inferior Court of said county, one shall be conduct^ a commissioner of said village, and the other shall be any dis- ^elec' interested freeholder of said village ; and, on their failure or neglect to attend, by any three freeholders of said village; and shall be opened, conducted, and closed in the manner usually practised in elections for county officers : and until such election, the commissioners of said village now in of- fice shall continue as such, with all the power and authority and subject to the saine duties as prescribed in the several acts hereby amended, and as are herein prescribed ; and that ten days' notice shall be given by the commissioners for the time being, or any two of them, by advertisement at three givenofffie or more public places in said village, and the like notice for the election of a commissioner or commissioners in case vacancy, of vacancy by death, resignation, or removal; and in all cases the commissioners in office shall act as such until their successors shall be elected and qualified as herein- act tin after directed ; Provided, that if the said commissioners shall fail or neglect to notify an election at the annual period elected. ^ herein specified for such an election-, within the time design Pr0VIS° nated, any justice of the peace or of the Inferior Court of said county may, on application to him, give such notice, and shall superintend such election in conjunction with any two freeholders of said village whom he may associate with him for the purpose. TOWNS—1822. 439 Commis- § 2. And be it further enacted by the authority aforesaid, b^wori! That ^ shall not be lawful for the said commissioner?, or any of them, to officiate as such until he or they shall have taken and subscribed an oath before a justice of the Inferior Court or of the peace of said county, to be entered in the book of the minutes and proceedings of said commissioners, well and faithfully to discharge the duties of a commissioner of the village of Sparta, as prescribed by law, and to support, maintain, and defend the constitution of the State of Georgia, A certifi- an(j 0f* the United States. And a certificate in the record record 6 or book of minutes and proceedings of said commissioners Scom- hy the persons presiding over an election, that the persons inissioners therein named have been duly elected commissioners, and tevVbeen a certificate by the justice administering the oath above men- ed'and60'" tionedi that such oath has been taken, shall be sufficient evi- j sworn shall dence in all courts and for all legal purposes that such persons cfentwi- ^ave keen elected commissioners, and are legally qualified dence that to act as such : and in case any such person or persons so qualified to elected shall neglect or refuse to act, and to take the oath irfcase of within twenty days after the election, an election shall be or- refusal to dered and held by a justice and any two freeholders as afore- twenty"" sai implead and be impleaded in all courts eirsty e. jaw an(j eqUjty jn tfog State, by the name and style of" The f Board of Commissioners of the village of Sparta." Their 1 Their pri- proceedings as a board shall be summary, and shall be libe- -lieges. rajjy construe(j jn all courts, and shall be authenticated by their common seal and the signature of the presiding offi- cer, and shall be judicially proved by a certified copy signed by their secretary. At all meetings, any three or more of them shall form a board ; and they may transcribe the ordi- nances, rules, regulations, and other proceedings of said vil- lage into new books ; and such transcript, on being approved by them, shall have the same force and effect as the original; roviso. Provided, that said commissioners shall receive no pay or compensation for their services as such ; nor shall they hold in their said corporate capacity real property in said village to an amount exceeding two thousand dollars ; nor shall they be allowed to issue in their corporate names any bills, notes, or change bills whatever. The board §4. And be it further enacted by the authority aforesaid, heToffi-' That the said board of commissioners shall appoint one of ers- their body to preside over their meetings, and also such other officers as may be deemed necessary to the transaction of their business; and in their absence, or on resignation, death, or removal, may appoint others in their stead, per- fot to con-manently or pro tempore ; Provided, that no such officer shall continue in office longer than one year from the time anger than Gf his appointment; and such officers, not being members of neyear" the board, shall receive such compensation for their services as may be allowed by the board. The said board shall have power to remove any officers so appointed by them at plea- sure ; and shall settle and prescribe all the forms and de- tails necessary and expedient to transact and give effect to The board their business and proceedings. While sitting as a board, ingtohave the said commissioners shall have the same power and au- he same thority as justice? of the peace now have, of punishing con- fustiwVof tempts, coercing their officers, and compelling the attend- he peace, ance before them of any person or persons who may be guilty of contempt of their authority, or who may be guilty The offi- of an infringement of their ordinances "or laws : the officers winted"by appointed by the board, and now in office, shall be subject heboard to the authority and process of the board during twelve Srau^0 months after they shall be out of office, as to any money or jmceMfo? papers in their hands. Said board of commissioners, and wefve every of them, shall have at any time within the corporate 'Uontbi limits of said village authority to preserve the peace, and after they shall be authorized to administer oaths in relation to such offiCe"aMo duties, and in every other matter within the cognizance of money or the board ; and shall have power to issue their warrant, un- {heir™ m der the hand of their president for the time being, for the ^"trau- apprehension of any person or persons guilty of a breach of thority in the peace within the jurisdiction of said board, and for the {^fpelce8 apprehension of any person or persons who may be guilty of andPunisb* a contempt of their power and authority, or of an infringe- violation of ment of their ordinances or laws ; and on such person or nances"" persons being brought before them, such proceedings shall and tha take place, and the examination be had in the manner usually pweedjng pursued before justices of the peace in this State. And in inre,ation all matters within the cognizance of the said board, other e™ °" than for a contempt or for a breach of the peace, the delin- quent defendant shall be entitled to an appeal to a jury, to be selected from the persons resident in the said village, pur- suantto the law now regulating justices' courts, and in such manner as shall be prescribed by the said board. And that the judgments and orders of said board, sitting as a court, shall have the like force and effect as judgments of the courts of justices of the peace ; Provided, that on all judicial ex- animations and trials, the president for the time being, with any two or more of said board, shall preside. And that in all suits and actions against the said board, or any one of them, or any of their officers, touching any matter done by yirtue of their office, the party prosecuted shall be entitled to the benefit of any statutes or laws in force for the time being, in respect to suits against justices of the peace and constables respectively. And on all trials, examinations, and judicial investigations before said board, and in all con- troversies and suits in the courts in this State in which the said commissioners or any of them shall be interested, or for any matter done or intended to be done by virtue of this act, any citizen of said village shall be a competent witness, his interest as a citizen notwithstanding. § 5. And be it further enacted by the authority aforesaid, The corpo- That so much and such part of the county of Hancock as onLidmitt shall be included within an oblong to be formed by running a line from the centre of the public square, in front of the dicuonof court-house in said county, in a direction east and west, as sa»d Com- it i niThi missioners the public road commonly called Broad-street now runs, to designated the extent of one-half of a mile, and by running a line aj£P°mted from such centre point in the direction north and south to the extent of one-quarter of a mile, and by striking a line from the termination of said half mile in one direction to an angle to be formed by said line and by a line from the ter- mination of said quarter of a mile in another direction, and in this way forming an oblong, shall be incorporated and held, deemed and considered, for the purposes of this act, the village of Sparta, and shall be subject to the jurisdiction of the commissioners of said village. § 6. And be it further enacted by the authority aforesaid, The board That the said board shall have the exclusive superintendence perintend-" of the streets and public roads and bridges within said vil- e,lce°fJfce lage, and may prohibit or remove all obstructions of, or en- To remove croachments thereon, and all nuisances within the said®",,"™' limits ; and they may within the said limits levy and collect within the in a summary manner an annual poll-tax not exceeding one tlmown. dollar on each free white male citizen of the age of eighteen andlecv^lect years and upwards, and not exceeding five dollars on each a tax; uie free person of colour, and not exceeding twenty-five cents on each slave usually resident in said village ; and a tax not ^pon^ ^ exceeding twenty-five cents on every hundred dollars' value whatpro- of all real estate, stock in trade, and other personal estate, Perty< and any other property or thing therein that may at the time being be taxable by the laws of this State, except carriages and other vehicles of pleasure, and stud horses and jacks, upon which they may levy a> specific assessment, not ex- ceeding two dollars on carriages having four wheels, and not exceeding one dollar on vehicles having two wheels, 440 . TOWNS^-1822. . andnotexceedingtendolIars,oneachstud}h6rse;andjackusii- twenty dollars, or by whipping, not exceeding twenty ally kept in said village ; and also a tax not exceeding ten stripes : no corporal punishment shall be indicted other dollars for each day or part of a day on all itinerant exhi- than as herein permitted. To enforce the payment of fines, Jo wgre, bitions or shows and performances therein for money. taxes; assessments, and all other moneys accruing otherwise tion of TO make §7. And be it further enacted by the authority aforesaid, than by contract, the board shall be authorized to issue all needful Fj1jjat the said board shall and may, within the corporate their execution, under the hand of the president for the time executioa fofUthe°pnu. limits of said village, make all needful regulations and ordi- being, against the person or property of the delinquent, ofiZel nances for the restraint and punishment of slaves and free which shall have the force and effect of a justice s judg- Pngdj &C. and the persons of colour, and for the exclusive government of pa- ment and execution. If property levied on by the marshal haveth« mentof trols in said village ; that they shall have cognizance and or other ministerial officer of the board shall be claimed by Jj™* ?ilroliimit jurisdiction over retailers of spirituous or fermented liquors, any other person than the delinquent, and such claimant or a Junto, the number and may limit the number of shops for retailing liquors by his agent shall make affidavit in writing before any one of fors?e°taii- measure less than half a gallon, and may assess such re- the commissioners that such property belongs to him or her, tion. £g1hV tailers annually such sum as they ,may deem expedient, not and is not liable to the execution, such levy shall be dis- gallon,aand exceeding ten dollars per year, and may levy and collect any missed ; and any person swearing falsely therein shall be iHSSume,n such assessment; and may levy and collect a tax on pedlers punishable as in other cases of perjury. The marshal or not exceed- anc] itinerant traders in said village, not exceeding five dol- other ministerial officer of the board shall, in the execution mI/im lars per day, except venders of books, who shall not be of his office, be subject to the laws and regulations, and have *edleexce tliabIe to Pay a tax 5 and may regulate and enforcework by the power and authority, and be entitled to the fees prescribed ▼endereof such persons as by law may be liable thereto, not exceeding to the constables in justices' courts. May regu- five days at any one time, nor exceeding fifteen days in § 9. And be i(further enacted by the author ityafores aid, Theeor. late tbe any one year, on the streets, squares, bridges, pumps, wells, That the corporate funds, after defraying the charges incident ^ , the'streets, and public roads, and in other respects shall have the same to the levying and collecting thereof, shall be by the said {eappiid bridges9' power and authority and jurisdiction over the roads within board applied to the necessary expenses and improvement boardw pumps,' Said limits as now belongs to the justices of the Inferior of said village, in such manner as the said board may deem jSft Court of said county; but the'said board may, if they advantageous. And they shall publish annually, at least of the «i- inatheaith' deern ProPer> the necessary labour on the streets or any fifteen days prior to the expiration of their term of service, limits. part thereof, and levy a tax within the said limits to defray an account of such corporate funds, exhibiting the amount the expenses thereby incurred; Provided, that in case a received in that year, and the several objects and amounts "ST- part of such necessary work be done by contract, the hands of expenditure, including the balance either way from the that would otherwise have been required to labour thereon year preceding ; and if any preceding Commissioner or com- wjafc . - shall not be exempted from working on other parts of the missioners for the time being shall retain in his hands any Tersona re- streets, &c. in said village ; and that all such persons as moneys or paper of the board, which he may have received 3ppm wuorkdon may be required by this act to labour on the streets, &c. in while in office, he may on refusal be compelled to pay over &c. noteto sai(1 village, or contribute to the keeping thereof in repair, or deliver the samp, or account therefor, by process of at- be carried shall not be carried beyond the limits of said village for the taphment for contempt, as provided in the fourth section of enthe°ur purpose of labouring on the public roads, nor required to this act, in caSes where officers of the board are in like oftown"' contribute to the working thereon. And the said board default. ^ The board may pass such by-laws and ordinances as they may deem ex- § 10. And be it further enacted bythe authority aforesaid, When to suchPb^ pedient for the ascertainment of taxable property in said That this act shall go into operation on the first day of^S®,- the"ma yillaSe' and may re(luire the citizens of said village to re- January now next; and that all acts Militating herewith ™dHa\CIJ deemexpe- turn on oath to such person as the board may appoint for shall thenceforward stand repealed, except as to any rights, militating fhe'ascer- tbe Purpose the amount of property, stoek in trade, personal duties, and liabilities that may have accrued under them. JJJjJ tainmentof estate, and all other matters and things hereinbefore allowed ALLEN DANIEL, o^taxabie*to he taxed within the said village ; and in case of refusal Speaker of the House of Representatives, saidvii-in or neS^ect in'any person to make such return, said board ' MATTHEW TALBOT, lage. .may adopt such other measures for the ascertainment thereof President of the Senate. as they may deem expedient; and the said board shall be Assented to, December 21st, 1822. any by- authorized and hereby is empowered from time to time to " ' JOHN CLARK, Governor. reguisa?ong make a«d establish such by-laws, rules, regulations, and or- — ' not repug- dinances respecting the streets, public buildings, markets, AN ACT to appoint Commissioners to fix en a tempo- [No. tfftj laws and16 public houses, groceries, public wells and pumps, disor- rary site for the County of Dooly. Ucm oftbis derly Persons> slaves> and free Persons of colour, and in Be it enacted by the Senate and House of Represents commi* UnTedrthe gen®ral every 0ther by"law and reSulatl0n that sha11 aPPear tives of the State of Georgia, in General Assembly met states. fhem necessary or expedient for the security, welfare, and it is hereby enacted by the authority of the same, That selectaar. health, and convenience of the citizens of said village, or William T. Smith, Asa Richardson,Daniel McNear, Reuben J," , ' for preserving peace,'good order, and government within Manned, and Ezekiel Fountain be, and they are hereby ap- the same ; Provided, that nothing herein contained shall pointed commissioners to fix on a temporary public site for Dooiy authorize them to pass any, by-laws or ordinances that may the county of Dooly; and the said commissioners, or a ma- S?' be repugnant to the constitution or laws of this State or of jority of them, are hereby authorized and required to proceed c° ' contained shall be so construed as to prevent the commis- [No. i860.] AN -ACT to appoint Commissioners for the better regu- sioners so elected from being eligible at the next or any sub- lation and government of the village of Ruckersville, sequent election, after the expiration of the time for which in the County of Elbert. he or they may have been elected as commissioners under . Commis- .Be it enacted by the Senate and House of Representa- this act. Sucker^ tives^of the State of Georgia, in General Assembly met, - § 2. And be it further enacted, That should the citizens rum* vHieap- That the following persons, to wit, John Banks,, Henry of said town, from any cause whatever, fail to convene and pointed. Bourne, John ' S. Wilson, William White, and William H. elect commissioners as authorized by the preceding section, Underwood, be, and they are hereby appointed commissioners it shall and may be lawful for any two freeholders, citizens Jayr™ Who may of the village of Ruckersville, in the county of Elbert; and ofsaid jown, to advertise an election for one "week at any CP£r°knand that they, or a majority of them, shall immediately after the time thereafter ; and any election held in consequence of other Offi- passing of this act convene, and proceed to the appointment such advertisement shall be held and deemed asTegal and eer* of clerk and such other officers as they may deem neces- as valid as though the same had been held agreeable tc the sary to carry this act into execution. 1 provisions of the first section of this act. Cominu- ~ § 2. And be it further enacted, That the said commis- § 3. And be it further enacted, That the commissioners said c™ office.'11 sioners shall hold their respective appointments hereby given under this act, and their' successors in office, shall he, and JjH , them until the first Monday in February, eighteen hundred they are hereby authorized to impose any tax upon the citi- Election of and twenty-four; at which time, and on every subsequent zens resident within the bounds aforesaid for public pur- j£ Swere,3 *\rst Monday in February thereafter, the citizens of Ruckers-, poses, provided the same shall not exceed one dollar on each who may ville entitled to vote for members of the General Assembly poll,'one-fourth per centum on the general tax paid by each SnS sha^ chobse, by ballot, five persons to succeed them as com- inhabitant, and one hundred per centum on all licenses to reguianoos miners. Of said village; and they shall have, and are retailers owerof § 2. And be it further enacted, That the commissioners «sted°in af°resaid shall have full power and authority to pass such be com- by-laws and regulations as they may deem necessary for }wat-erS imposing and. collecting a poll-tax upon the citizens of said insviiie. town, and also a tax upon all property, real and personal, t roviso. and stock in trade in said town ; Provided, such poll-tax shall not exceed one dollar, and such tax on property and r stock in trade shall not exceed twelve and a half cents for ,, every hundred dollars' value thereof, within the term of one ii. year. IH §3. And be it further enacted, That the said commis- u sioners shall have power and authority to tax all retailers of ,. spirituous liquors within said town in a sum not exceeding I 'ayap- five dollars for the term of one year; that they shall, have ii [fleers. eK power and authority to appoint such officers as they may deem necessary for the purpose of enforcing and collecting any such taxes in the most summary manner. iy pass § 4. And be it further enacted, That the said commis- inpeTre-0 s'oners s^)a" ^ave power to pass any by-laws and regula- mson tions they may deem necessary, requiring the citizens of sable said town to return on oath, to the officer to be appointed speny. as aforesaid, the amount of taxable property and stock in trade by them and each of them holden in the town of Wat- jfauiters. kinsviiie ; and in case of refusal in any citizen to make such return, to cause the tax to be assessed and collected in such manner as they may prescribe, ay tax §5. And be it further enacted, That the said commis- hibftions si°ners s^!1^ hRVe power and authority to impose a tax on id show- all shows, exhibitions, and showmen performing in said OTiso. town for the purpose of gain ; Provided, such tax shall not exceed the amount pointed out by law. oceed- § 6. And be it further enacted, That in case any person finst or Persons who are liable for the same shall refuse to pay yper- any tax to be imposed or assessed by any by-law or regu- fuseto° lation of said town, in pursuance of the authority of this ac*' an^ *n CaSe commlssioners salfl town, dinP°" or a majority of them, shall, and they are hereby authorized ' th?s Act. to iss,je their warrant directed to any officer to be by them appointed, requiring him by levy and sale of the goods and chattels of the person or persons so refusing to make the amount of the tax so imposed ; and said officer shall receive i such fees as are allowed by law to justices of the peace and oviso. constables in similar cases : Provided, that all sales to be made by virtue of such warrant shall be advertised at least ten days at the court-house in said town. >wer and § And be it further enacted, That the commissioners ,.thority 0f Said town shall have power and authority to pass any >ne™nin" by-laws necessary to cause to be established and enforced ftroi'° a strict Patrol> either by day or by night, within the limits i of said town ; and in case of neglect or refusal in any citi- zen of said town to comply with the by-laws and regula- tions to be by the said commissioners ordained and esta- blished upon this subject, that the said commissioners, or a r majority of them, may proceed to fine such citizen, and col- lect such fine as hereinbefore prescribed for the collection tkk2 of taxes; Provided, that the fines so" imposed in virtue of Proviso, the power derived under this act shall not exceed five dol- lars for each case of neglect or refusal. § 8. And be it further enacted, That the said commis- G(™ee™'of sioners shall have power and authority to pass any other {heCom- by-laws and regulations for the government of said town, Iui»sloner*' provided the same be not repugnant to the laws and con- stitution of this State ; and provided also, that the punish- Provided ment of slaves shall not extend to the affecting of life, limb, "lament or member. -extend°to § 9. And be it further enacted, That the said commis- life, limb, sioners do, and they are hereby authorized to appropriate all "^"ve?' taxes and fines imposed, assessed, and collected in virtue of ^pprt,fpr^* any by-laws and regulations adopted in pursuance of the taxesand authority given in this act to the repair and improvement fines- of public springs, square, and streets of said town, in such manner as they or a majority of them shall deem most con- ducive to the interest and safety of the citizens. § 10. And be it further enacted, That any two or more Two or justices of the Inferior Court or justices of the peace for "'c0ers0Jfu^e the county of Clarke are hereby authorized and required to Peace to preside at such elections for commissioners as aforesaid: faeetection that nothing herein contained shall be construed as to pre- aforesaid. . & , ,, . . , , , • Commis- vent the re-election of any commissioner agreeable to this sioners re- act. elisible- § 11. And be it further enacted, That should there be no Provision election held on the day pointed out by this act, it may be lawful for the same to be held on any other day within should be three months ; a justice of the peace first advertising in said [heyday town ten days before said election. outnled § 12. And be it further enacted, That all laws or parts of Repealing laws militating against this act be, and the same are hereby clause- repealed. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Absented to, December 6th, 1822. JOHN CLARK, Governor. AN ACT to confirm certain Conveyances of the Town [No. i363.j Common of Savannah made by the Mayor and Alder- men and to invest in the Inferior Court and Sheriff of Chatham County the direction of the County Court- house and Jail. The mayor and aldermen of the city of Savannah having Preamble, been prohibited, by an act passed on the first of December, seventeen hundred and sixty, from alienating or granting away for any purpose whatsoever, than by an act of the General Assembly, the common appertaining to the said town ; and it being represented to the Legislature that the Said mayor and aldermen, to the great advantage of the lot holders, and with much profit to the treasury of said city, have at different times heretofore alienated, granted, and conveyed certain parts or lots of the said common ; and justice requiring that the agreements made by the corpora- / tion with the purchasers be confirmed ; Be it enacted by the Senate and House of Representatives ah con- of the State of Georgia, in General Assembly met, and it is heretofore hereby enacted by the authority of the same, That all and {,,')ad^^yor singular the conveyances heretofore made of the said town and Aider- common under the authority of the mayor and aldermen, j™j whether in fee-simple or otherwise, shall be, and they are madevaiid hereby declared to be legalized, confirmed, and made valid, to all intents and purposes, according to the covenants, limita- tions and agreements of the same. § 2. And be it further enacted, That from and after the The direc- first day of January next, the direction of the court-house the and jail of Chatham county, hitherto under the superintend- house and ence of the corporation of Savannah, shall be vested and Chatham County Hi TOWNS.—1833. Tcated in continued in the justices of the Inferior Court and in the • § 2. And be it further enacted, That the plan of said town Thepiw* the interior* .l * np _ t* * 1 _. ±1-.« i l » aImm j* m . ■* ■ * . _ . ■ 4 tti/> . co^1"/™ sheriff of said county, under the general laws regulating 0f Carnesville shall be preserved as recordedVthe" clerk's said^coun-co^n^ ia''s *n niayoi; and aldermen office of the Inferior Court of Franklin county. »emd«» ty, and the shall thenceforth be discharged from the rights and duties of § 3/ And be it further enacted by the authority aforesaid, Aidefmerid commissioners of the said court-house and jail: Provided That if there should be a failure in holding any election as '"««» discharged always, that nothing herein contained shall operate to de- herein pointed out, it shall and may be lawful for any two or shouidbe rights' and prive the said mayor and qldermen of their right to sue for more, justices of the Inferior Court or justices of the peace of Commit an<^ recove^ aby moneys which may be due to them front said county, upon notice as herein prescribed, to hold said scribed, sioners bther counties during the time the said mayor and alder- election ; and the persons so elected shall hold and exercise cepteso far men were commissioners of the jail of the county of Chat- their said appointments until their successors may be elected, for'anT re- kam un(^er act hereby repeale'd ; and provided further, § 4. And be it further enacted, That if any vacancy should vacancy cover1what that the said mayor and aldermen of the city of Savannah happen in said board between the times of the general elec-howfiM Ea^due sha11 be' and they are hereby authorized to prosecute their tions as, aforesaid, such vacancy shall and may be filled by them from claim for the recovery of any moneys due in manner aforesaid, election, to be advertised and held in the manner herein Counties by action at law against the justices of the Inferior Court of pointed out for holding general elections : that all laws and Repealing timeThe10 *be county fr°m which such money is due, in the Superior parts "of laws militating agaihst this [act] be, and the same clause- were Com- Court of the said county ; and upon the recovery of a judg-, are hereby repealed. ' > missioners. rnenj sucjj action, the said justices of the Inferior Court ' ALLEN DANIEL, are hereby required to pay the same out of the county funds ; Speaker of the House of Representatives, and if the funds of any county are insufficient for that pur- / . 1 MATTHEW TALBOT, pose, the said justices of the Inferior Court arq hereby au-j" , t ^ / , President of the Senate. ' thorized and required to lay and collect a tax for the pay-j Assented to, December 21st; 1822. . - raent and discharge of the same,. - JOHN CLARK, Governor. Repealing § 3. And be, it further enacted, That all laws and parts of . clause. ]aws g0 |-ar ag miiitateagainst this act be, and the same • ' 7 . . . _ are hereby repealed. , ALLEN DANIEL, AN ACT/or the incorporation of the town of Macon, in [No.mj Speaker of the House of Representatives; ' , Bibb County. • i MATTHEW TALBOT, - Be it enactedLby the Senate and House of Representatives commis- - • . President of the Senate, of the State of Georgia, in General Assembly met, and it is Assented to, December 21st, 1822. ,, hereby enacted by the authority of the same, That Oliver H. of Macon ; JQHN; CLARK, Governor. Prince, David S. Booth, Samuel Wood, Charles J. McDo-app0UI f.- nald, and Seth Ward are hereby appointed' commissioners rw« mi a at a * 7. j j ■ jt , , j. v . of said town, and shall continue in office until successors Their c® pi. »*, AN ACT to alter and•amend $»-.Act,,passed the twenty. inte(} aeCording to the provisions of this act - SB first day of December, eighteen hundred and nineteen, 5 te -t furtUr T|,at on the first Mon-A,— toirworporate the town of Carnesville, in the County day in January/ eighteen hupdred and twenty-five, and on of Franklin, ana to extend the limits thereof. the first Monday in January in every year thereafter, allforCom- commis- Be. it enacted by the Senate and House of Representatives persops, inhabitants of said town, entitled to vote for mem- ™^°dne'8 cames- °f State of Georgia, in General Assembly met, and it bers to, the General Assembly shall assemble at the court- t0Wfl. elected0an* enacted by the authority of the same, That from house in said town, and, by ballot elect five commissioners, nuaify. an and immediately after the passage of this act, there shall be who shall continue in office for, one year and until succes- Their five commissioners for the incorporation of the town of sors are elected, at which election any two of the justices Carnesville, whp shall continue in office for the term of one of the Inferior Court or two, of the justices of the peace of Who Stan The time of year, commencing from the first Monday in January next, at said county, not being themselves candidates, shall preside; tion!eleC" which time in that month they shall elect five commissioners, and if it shall so. happen that such election shall not take jj®^ The mode and so on annually for every year thereafter; the Infe- place on the day herein appointed, any one or, mdre justices in ca«no theeiectiwi r'°f Court of the county shall give ten days' notice previou? of the Inferior, Court or justices of the peace of said county ?]2nat condoled to sucb eIecti°P,; an(^ male white persons entitled to vote, may afterward, by giying ten days' public notice, hold thethetim^ con uce for menabers of the Legislature, living within the corporation,, same in the manner herein directed ; and in case of theKow' shall be entitled to vote at such election ; any two justices death Or, removal of any of said commissioners, the remiin- of the . peace in said county may preside, or two or more ing commissioners shall have power to fill such vacancy justices of the Inferior Court; and the commissioners shall until the next annual election. The power have power and authority to make and ordain all such laWsr § 3. And be it further enacted, That it shall hot be law- comma- Commis- rules, and regulations as,they may in their wisdom deem . ful for any of said commissioners so, elected or appointed^"™11 makeTaws necessary f°r keeping in repair the public streets, and bav- to enter on the duties of, his office until he shall have taken oath, m e aws. obstrUcti0ns removed, and having the public spring and subscribed tQ the following oath: "I, A.B.,do so- Tbeoath. Proviso, kept in good order; .Provided, that such laws are not 'lemnly swear (or affirm, "as the case may be) that I, will repugnant to the laws of this, State and of - the* United well and truly perform the duties of a commissioner, by 4 States they shall not inflict corporal punishment on any adopting such ipeasure^.as shall in my judgment be best ' ' whi,te person, but may inflict such punishment on people of calculated, to promote the general good of the citizens of colour, but not to dismember or take life ; the commissioners the town of Macon.'' shall have full power to jmpose a tax on all showmen § 4. And be it further enacted, That the" said commis- General To impose that may come into the corporation in order to make money ; sjoners shall have full power and. authority to make any {^n. showneiiS and shall have full 'power to' extend the limits of said cor- by-laws, ordinances, or regulations, and power to enforce missi0IlW thermits Porati°n six hundred yards every way from.the court-house, the same, that they may deem'best calculated to promote or the Cor- and shall have the public streets designated, and all obstruc- the general good of the , citizens of said town ; Provided Kmoveob. t,Qns removed ; and may impose a ta^ on the citizens of saidr always, that no.law, ofdinance, or regulation shall be con- structions, corporation, not to exceed more than ope dollar for one trary to; the constitution and laws of this State or that of Appoint a year: they may appoint a clerk to keep a record of all pro* the United States. , f , c,erk- ceedings which they may adopt , under the authority of, § 5. And be it further enacted, That said commissioners ttys.apL . , phall hayq jurisdiction within the present limits of the com- Their)* risdicMUl TOWNS.-1823. 445 mon and town of Macon, and the twenty-acre lots under § 4, And be it further enacted by the authorit yaforesaid, They may lease from the general government on the east side of the That the said board may appoint from their own body a river Ocmulgee. DAVID ADAMS, president, and may appoint.a town-marshal, and such other Town- ' Speaker of the House of Representatives, officers as they may deem necessary, and in their absence marshal, &c. THOMAS STOCKS, may appoint such officers pro tempore, and may allow, ex- President of the Senate, cept to such as may be members of the board, a compensa-' Assented to, December 8th, 1823. tion for their services; and may authorize the marshal to G. M. TROUP, Governor, appoint a deputy, who shall take the same oath and have the y* same power as the marshal himself: they shall have power with pow- No. 1366.] ACT to define the duties and authorities of the to remove such officers and appoint others in their stead, m0^ere" Commissioners of the town of Lawrenceville, in Gwin- and to prescribe and settle all the forms and details neces- them. nett County. sary and proper to give effect to their ordinances. While May pu- ^ommis- Be it enacted by the Senate and House of Representa- sitting as a board the said commissioners shall have the ppoTnted tives of the State of Georgia, in General Assembly met, same power as justices of the peace now have, of punish- while sit- ownof and hereby enacted by the authority of tfie same, That contempts and coercing their officers, and said officers bofrcT 8 jawrence- Charles Rawson, Dr. John Brewster, Laban P. Pool, John shall remain subject to this authority twelve months after ule- H. Hammonds, and Elisha W. Chester be, and they are they shall be out of office, as to any moneys or papers in inuanceia hereby appointed commissioners of said town, to hold their their hands. Said board of commissioners shall have at any ffice. offices until the second Monday in January, eighteen hun- time, within the corporate limits of the said town-, authority 'Mfiw" ^rec* ant* twenty-five ; and that on the said second Monday to preserve the peace ; and shall be authorized to administer ommis- in January, eighteen hundred and twenty-five, and on the oaths in relation to such duties, and in any matter within .iheidM-said secon(1 Monday in January in every succeeding year the cognizance of the board. And it shall be the duty of Their^duty jaiiy- thereafter, five commissioners, being residents and free- each of the said commissioners who shall know of any jngPbr7ach- oTd holders within the corporate limits of Said town', shall be breach of the by-laws of said town, for which the offender by" 5£othe e*ecte(J ballot at the usual place of holding elections for ought according to said by-laws to be arrested, to cause by said town. 't °a' said county by such citizens residing within the said cor- warrant, from under his hand and seal or otherwise, such porate limits as are entitled to vote for members of the offender or offenders to be brought before the said board of General Assembly, ten days' written notice thereof being commissioners ; and the said commissioners are hereby em- given at tlie court-house by the presiding [preceding] com- powered and authorized to impose and collect fines. The Thedutyof •missioners, or a majority of them, or by any justice of the marshal of said town and his deputy shall also have power shli^rhis Inferior Court or justice of the peace for the county of and authority to preserve the peace within the corporate dePuty- ;vside'a11 Gw*nnett > at which election any justice of the Inferior Court limits of said town ; and for all offences against the by-laws e" or justice of the peace for said county, together with two of said town [committed] in the presence of said marshal ,, freeholders of said town, not candidates, shall preside ; and or deputy, it shall be his duty immediately to apprehend the >ision if it should so happen that such election should not take place offender or offenders, and bring him or them before the "ctkm"0 on the day herein appointed, any one or more justices of the commissioners, or a majority of them. In suits against the !^eldiace ^nl"erior Court or justices of the peace jfor said county may commissioners or their officers, or any of them, they shall k'the day afterward advertise and hold the same at any subsequent be entitled to the benefit of any statutes or laws in force for :tmed day, in the manner herein directed : and whenever any the time being in respect to suits against justices of the fancies vacancy shall occur it shall be supplied by election in the peace and constables respectively. :7d!up~, manner aforesaid; and in all cases the commissioners §5. And be it further enacted by the authority aforesaid,^™?*- 1 ' already in office shall act until their successors are elected That the corporate limits as mentioned in this act shall em- 0f said il' and qualified. brace all the lands in the town plat; and the said com- ^ea'Com. §2. And be it further enacted by the authority aforesaid, missioners are hereby authorized and required to have a missioned ''ean10 That it shall not be lawful for any commissioner to enter on the plat of said town recorded in the office of the clerk of the p"atauiereof i:i1- duties of his office until he. shall have taken and subscribed Superior Court of said county, within one year from the [^caerk's an oath before some one of the justices ofthe Inferior Court or passing of this act, a copy of which certified by the said office, justices of the peace for said county, well and truly to perform clerk shall in all cases be taken and received in evidence the duties of a commissioner of the town of Lawrenceville, in the courts of this State, in the same manner as the original as ascertained by law, and to support the constitution of the plat would be. United States and of the State of Georgia ; and a certifi- §-6- And be it further enacted by the authority aforesaid, May prow- cate on the minute book of the commissioners, by the per- That the said board shall have the superintendence of the move an sons presiding at the election, that the persons named are streets, and may prohibit or remove all obstructions of or [^an'd duly elected, and a certificate as aforesaid, by such justice, encroachments thereon, and all nuisances within the said nuisances, that they have taken the oath aforesaid, shall be legal evi- corporate limits; levy and collect in a summary manner an May levy a dence that the commissioners so elected and sworn are au- annual poll-tax, not exceeding one dollar, on each free male tax'&c"' ' thorized to act as such. person of the age of twenty-one years, and nt>t exceeding r,ey siiaii §3. And be it further enacted by the authority aforesaid, twenty-five cents on each [slave] usually resident therein; acorpo- That guch commissioners shall receive no compensation for and a tax not to exceed twenty-five cents on every hundred their services ; they shall be a corporation so far as to be dollars' value of all real estate, stock in trade, and other per- competent to make contracts, and do other acts herein sonal estate, and other property or thing therein that may fair style, authorized, and to sue and be siued by the name of " the at the time being be taxable by the laws of this State; and 5 Board of Commissioners of the town of Lawrenceville." also a tax not exceeding five dollars for each day on all \yt many Any three or more of them shall form a board ; their pro- itinerant exhibitions and performances therein for money.^ j^e0an* ceedings as a board shall be summary, and shall be authen- § 7- And be it further enacted by the authority aforesaid, Maypu- ticated by the signature of the president, and be judicially That the said board may, within the corporate limits of said ^have*' proved by a copy thereof, signed and certified by their se- town, make all needful regulations for the restraint and pu- cretary. The board may, if they [shall] deem it necessary, nishment of slaves and free persons of colour, and for the ex- vemment transcribe their minutes and other recorded proceedings into elusive government of patrols therein ; may issue licenses at new books, and any transcript thereof being approved by a rate not exceeding five dollars for one year, to retailers of them shall be held and taken as the original. spirituous or fermented liauors, and. may levy and collect as 446 TOWNS.—1823. aforesaid, a tax not exceeding five dollars for each day, on AN ACT to make permanent the site of [the] Public [No. m,] SX reiT Pe(,,ers and itinerant traders therein ; and may regulate and Buildings in the County of De Kalb, at the town oj tion ?o a" enforce work by such persons as by law may be liable thereto, Decatur ; and to incorporate the same. •SSL,0"- not exceeding five days at any one time, nor exceeding fif. . „ d H 0f Kepresenta- m. streets, and teen days in any one year, on the streets, squares, and pub- , j ef act™ "V the Senate a Assembly wr lie roads, and in other respects ma, have the same author- IltaW "e! Thai K? twrti-a j,y ami junsdtctton over the roads therein ^nowMongto ^ ^ ^ ^ ^ {|te of lhe publjc -rt- the Inferior Court of the county of Gwinnet.. but the said bui|di fbr the count of De Ka,b be anfj the same are board may, tf they shoo d deem .t oxpedtent, hire he neces- to be permanently fixed on lot number two sary labour on any part thereof, and levy a tax w.lhthe sa d ^ and fortysixf in the fifteenth district, formerly corporate hunts, to defray the expenses tne, eb, mc«md} H now De Kalbwhich said public site shall be called Promded, that ,n case a part is done by contract, the hands ^ » by tbe o{ hat would otherwise have worked thereon shall not bp § 2 ^ ^ b the authoriVaforeMidt ^ hcrehy exempted from [working oil] the parts not con- ^, f ■ ■ ^ (he of thig t(|a[ ]teubeD sens ex-* *racled for- A"d thoci izo.is of satetojvn are hereby exempted Cone-winiam Hjorri William Gresham, James White,and ST from mY olfi^r road duties in said county; any law to the ^ A Dobbs b a„a ,h are bbreb appointe(| com.»<"1 SIS contrary notwithstanding. And the said board mi, pass al missioI|ers of (he tow„ of D(Sc Jur in the com„ of De Ka|b -lihia",, such ordinances and do all such other acts, not repugnant and the r a majorilJ ,of tbera, shali bavp f„n power tow,.., * 1,0 or laws of thts State or of the United ct)nveJ'at ,imJe al/er tbf, ,passage „f this act, and pro- r.,r.„ Stales, as maybe necessary to he accomplishment of the ^ (o the intmenlofa cle,k ahd such other officers as ' to„d. purposes herein mentioned, and of all other matters of po- ^ de^ necessary to carry this act into execution. , lice within the corpoyate -limits as they shall deem condu- / $ ' b -it furt^r enact^ Tba, tbe aai(f aommjs. ^ . ctve to the health, safety, peace, and well-being of the inba- .. .* l, ,, , . , . 1J , . , , . tinuance • . bitants thefeof; Prom&d, tha nothing herein mentioned «<">"» atol hold the r respective appointments hereby given i I, /r» . ,i j .- , ,i i . • , them until the first Monday in January, one thousand eight shall anect the duties and powers of the commissioners ol the , , , ,, . c J . . . ®, , fr ' tt t hundred and twenty-five, at, which time, and in every sub-commii- MavDunish om^4°j k "V', j i n u f 'j sequent year thereafter, the citizens of the said town of De- Maypunissn § g. And be it further enacted by tlie authority aforesaid, 7 , . .V i p,. ^ ^ i . i bee|etle4 Sir That the said bbard may punish all offences- by white per- .stalled to wo e for members oflhe General Assembly KSI5 sons and by free persons of colour against their ordinances <*»U. choose by ballot, ,on the fir? Monday ,n January tn, }. pr by fine no/exceeding ten dollars, except on itinerant gam-' every succeediUgyear, five persons o succeed them in office fine- Kioeo j .1 |T„ ii „ ivT as commissioners of said town ; and they are hereby invested , biers, and on them not exceeding one hundred dollars. Wo .a ' . J ,, , . J , . Notary corporil 'punishment shall be inflicted on an, while person, wl h,.ful1 power and authority to make such by-laws and re-»,.o. JiKT nor shall punishment he inflicted on persons of colour ex- a"d to.lnfllct-such Palns' and forf"w!^ i ceeding ten stripes.; To enforelthe payment offines, taxes, «■»< «lo_«il Qthor.incoyWe y m thoy jttdtmcnt rtsll Proceed- ings against persons who refuse to pay the tax and effect of a justice's judgment ZTtdLby Perty levied on. by the marshal shall be claimed by any other > . r . , , . - . , n rra. m .. person than the delinquent, and such claimant and his agent . J. * zt further enacted,j That any two or more JJ shall make affidavit in writing before any one of the comT ,of ■.th/ PeaT^e "r Jus,t,ces °[ r commissioners as' aforesaid ; and provided, that shal or other ministerial officer 'or officers of said board, and herein contained shall be construed so as to prevent tMiigibie. their deputies, shall, in the execution of their office,, have the the'^election of anycommissioners pursuant to this act. power and be entitled to double the fees of a constable. » . *4 ,. enacted, Phat should there be no Pro^oi & 9. And be it further Enacted by the authority aforesaid, e..ctlon , , on t®ie day Polnted out by this act, for that cause e)RClj0„ iXT'teii That the corporate funds, after defraying the charges inci- ,1,1.s ac! sl'al!. "ot '>e v0,d- buf an election may be held on an, be appro- jent to the levying and collecting thereof, shall be by the °. er day W1»,,n three months, a justice of the peace or jus- day point- p said board applied to the necessary expenses and imprqve- *lce °.f lbe In^riGr c.ourt first advertising in said town ten edout ment of the said town, in such manner as the said board may days oefore said election, ^ The board 'deem most advantageous; and the said board shall publish _ 5 6; And be it further enacted, That said commissioners annS? annually at the end of each year an account of, such cori |ave fu)1 Power to extend the corpcyation laws over all the ralion. an account porate funds, exhibiting the amount received in that year, and Io!8 and land adJ°i™ng said 4°wn, agreeable to the plan of the several objects and amount of expenditure, including the said town» which may be laid off for county purposes, balance either way from the year preceding. And if any " ADAMS, preceding commissioner shall retain in his hands any such , ^ Speaker of the House of Representatives, moneys or any papers which he may have received while in 1 ^ HOM"AS STOCKS, office, he may, on refusal, be compelled to pay over or deli- , President of the benate. ver the same or account therefor, as provided in the fourth ^ssented to> December JOth, 1823. section of this act in cases where officers of the board are G. M. TR'OUP, Governor. in like default. < . . * ( —; 1 Repealing §10. And be it further enacted by the authority aforesaid, AN ACT to make permanent the site of the Public m clause. That all laws militating against this act be, and the same Buildings at the village of Knoxville, in the County are hereby repealed. of Crawford. DAVID ADAMS, Be it enacted by the Senate and House'of Representatives Speaker of the House of Representatives, of the State of Georgia, in General Assembly met, and it ^ THO M A S STOCKS, is hereby enacted by the authority of the same, That the court- 1 President of the Senate, house, and jail of said county of Crawford be, and the same perman^ Assented to, December 22d, 1823. are hereby declared and required to be permanently located G. M. TROUP, Governor, upon lot number one hundred and thirteen in the second and all other moneys accniii*^ **.™« c°"du!fa ^ ^ the board may issue (heir execution against either the person sa,d ?own,-Pf Decatur, promded tliat snch by-laws and re-r-w. or the property of the delinquent, which shall have the force be- no} tfl'"gnanUto the laws and qonstttulion of and effect of a justice's judgment and execution. If pro- *"s ^ [ and also ^Ovided, that no poll-tax shall,exceed rrovi». Fees< How the TOWNS.—1823. 447 district, formerly Houston, now Crawford, at a place now known and called by the name ofKnoxville. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 10th, 1823. G. M. TROUP, Governor. No. 1369.] AN ACT to amend an Act, passed on the twenty-first day of December, eighteen hundred and twenty-one, to amend an Act to incorporate the town of Clinton, in the County of Janes, and for the appointment of Com- missioners for the better regulation and government of said town,passed the fourth day of December, eighteen hundred and sixteen. Lands and Be it enacted by the Senate and House of Representatives within the of the State of Georgia, in General Assembly met, and it is fmteof hereby enacted by the authority of the same, That from and heincor- after the passage of this act, that no lands, house, or houses, SoTex- which have been embraced within the limits of the said in- impt from corporation by the passage of the before-recited act for ex- axauon. ten(jing tjje ]imjjs Gf the said incorporation, shall be liable to be taxed in any way or for any purposes other than they were liable before the passage of the said recited act. to person § 2. And be it further enacted, That no person or persons !aythe°in- shall be liable to pay the incorporation tax of any house and axPfortion or houses and lots, within the town of Clinton, other souses and than such person or persons in whom the right of said lot or >ioseXinPt ^ots *s or are legally vested ; any law, usage, or custom to rhom the the contrary notwithstanding. .'es'ied! DAVID ADAMS, Speaker of the House of Representatives. | THOMAS STOCKS, President of the Senate. Assented to, December 2d, 1823. G. M. TROUP, Governor. t 7 No. 1370.] AN ACT* to make permanent the site of the Public ; Buildings in the County of Houston, and to name the same. |'Nje rfte of Be it enacted by the Senate and House of Representa- , mUdings in fives of the State of Georgia, in General Assembly met, and nadeper- her€by enacted by the authority of th^ same, That from 1 nanent at and after the passage of this act, the site agreed oil by the 1 Perrywnof justices of the Inferior Court of Houston county for the public buildings, on lot numbeF forty-nine in the tenth dis- f" trict of said county, be made permanent, and to bear the name of Perry. 'fhe public § 2. And be it further enacted, That from and imme- 'reconduct- diately after the passage of this act, the public business of ifacethal sa^ county shall be conducted at the public site ; any law to the contrary notwithstanding. DAVID ADAMS, & - Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. J' Assented to, November 21st, 1823. G. M. TROUP, Governor. No. 1371.] AN ACT to incorporate the Mechanics' Society of the city of Augusta, and to repeal the Act for this pur- pose passed twenty-fifth December, seventeen hundred 1 and ninety-four. Names of Be it enacted by the Senate and House of Representatives bers?6"1' °f ike State of Georgia, in General Assembly met, and it t is hereby enacted by the authority of the same, That from and after the passing of this act, Green B. Marshall, Cosly Dickinson, Thomas Stewart, Gabriel Clark, Ebenezer , Wright, Henry Dalby, John Cresswell, William Housley, Christopher Fletcher, Elias B. Crane, James Laughrea, Nathan Leeds, John Elsworth, John Liverman, William Jackson, Philip Crump, Bird B. Mitchell, John Caldwell, George Hill, Moses Roff, George Jackson, David Clarke, Jacob Dill, John Millhouse, and Edward Henderson, to- gether with all such as now are or may hereafter become members of the association lately revived and established in the city of Augusta, and called and known by the name of " The Mechanics' Society of the City of Augusta," be, and they are hereby declared to be body corporate and politic, uhder the name and style of " The Mechanics' Society of Their styre. Augustaand shall be capable in law to receive, hold, and May hold enjoy real and personal estate for the use and benefit of pereonai said society, and shall have perpetual succession of of- estate,use ficers and members, and may have and use a common seal; seal, sue and under the name and style aforesaid may sue and be g"edtie. sued, plead and be impleaded, answer and be answered unto, in any court of law or equity which may have jurisdiction thereof. § 2. And be it further enacted by the authority aforesaid, May re- That the said society shall be capable in law of receiving bequest^r any bequest or donation whether in money or other things d0natl0n- for the benefit of said society, by whatever name or style the same may be made; and under their name and style May sen, aforesaid may sell, lease, or exchange any estate by them c^geule" acquired, whether by bequest, donation, or purchase ; Pro- same. vided, such alienation be made for the benefit of said in- Proviso* stitution and according to its by-laws, rules, and regulations. § 3. And be it further enacted by the authority aforesaid, May make That " The Mechanics' Society of Augusta" aforesaid, are bHsbby-" hereby vested with full power and authority to make and laws.&o. establish such by-laws, rules, and regulations for their own government, and to appoint such officers to carry the same Appoint into effect, as they may deem expedient and requisite ; Pro- 10 vided, such by-laws, rules, and regulations be not repugnant fjg™ to the laws of this State, to the constitution thereof, or to e e the constitution of the United States; and provided also, that such by-laws, rules, or regulations shall be subject at all times to be altered or repealed by the Legislature. § 4. And be it further enacted by the authority aforesaid, Their ge- That the said society may appoint or elect such and so ersa&c?W many officers for the. due organization thereof as they may deem expedient, under such restrictions and tenures as they have, or may hereafter ordain and establish ; and shall moreover be vested with all the powers incident to a corpo- ration or body politic, under the restrictions and limitations aforesaid. r § 5. And be it further enacted by the authority aforesaid, Repealed. That the act, passed the twenty-fifth day of December, se- venteen hundred and ninety-four, entitled An Act for incor- porating the Mechanical Society of the town of Augusta, be, and the same is hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. AN ACT to amend an Act to make permanent the site [No. 1372.] for the Public Buildings at the village of Gainesville, in the County of Hall, and to incorporate the same, passed the thirteenth of November, eighteen hundred and twenty-one ; and further to define the duties and powers of the Commissioners of said village. Be it enacted by the Senate and House of Repi-esenta- Commis- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That of Gaines- the commissioners now acting under the provisions of the tiioriz^d" to before-recited act, or any two of them, shall have power and fi." authority to fill all vacancies that now are or may hereafter happen by death, resignation, or otherwise ; and the person 413 • • TOWNS.—1823, or persona so appointed shall be considered ai a part of the be, and they are heteby authorized on the first Saturday in p°a£k* board of commissioners of the village of Gainesville, until January, in the year eighteen hundred and twenty-four, and nual|y , the next election in course for commissioners aS pointed out on the first Saturday in January in each and every year in the before-recited act. ■ . thereafter, to elect five commissioners, with the like powers Mayap- §2. And be it further enacted, That the said corhmis- of those hereinbefore named, ten days' notice of said elec- officers?6*' sioners and those that may hereafter be appointed or elected* tion being first given by the commissioners for the time be- or a majority of them, shall have power to appoint all such ing, by publication at the court-house door ; at which said officers as they may deem necessary to carry into effect all election one or more magistrates shall preside, their proceedings wjiich they may adopt under the authority §5. And be it further enacted,' 'That if said election pfomi01 Who shall of this act; the officers so appointed shall be accountable to should not take place on the day pointed but by this act, countable the said board of commissioners for all their actings and that it shall bedawful for the same to take place on any 8^uke to the doings, When called on by said commissioners or a majority other day,-the same being advertised by ohe of the commis- commil of them, so far as relates to the said corporation of Gaines- sioners or a justice pf the peace of said county in ternfis of Poillt«L sioners. ville. . ' t' . . ' ' this act. t Said board . § 3. And be it further enacted by the authority aforesaid, - DAVID ADAMS, Justices** That the said board of commissioners shall fie ex-officio jus- . . speaker of the House of Representatives. Peace tices of the peace, so far as respects the: carrying into effect , > - , THOMAS STOCKS, the act of incorporation, rules, issue executions for fines and President of the Senate, May exdct penalties, and for taxes; and shall have power to exact a tax' Assented to, November 26th, 1823. - ' . - pubhc°n a" on public-'shows which may be at any tirpe exhibited or ' . G. M. TROUP, Governor, shows exposed to view for money within the limits of said corpora-. ■ > — — the hmita tion, which shall be collected by the marshal thereof in the AN ACT to sell and dispose of forty Lots in the town of [No. mj same manner as executions issuing out of a justice's court. Macon. Proviso. " Provided, that no fine for violations pf said incorporation Beitenacted by the Senate and House of Representatives Cmm shall exceed the sum of five dollars in any one case, and np of the State of Georgia, in General Assembly met, and it is - , tax shall be levied which shall exceed one dollar to each hereby enacted, by the authority of the same, That the' com- jgg poll for any one year. i ' v missioriers of appointed to lay out the town of Macon are loa" May extend §4. And be it further enacted by the authority aforesaid, hereby authorized and required, within three months from 'rateiimits!* That the said commissioners shall have full power and au- the passage of this act, to sell not exceeding forty half-acre thority to extend the incorporate laws over all lots now sold, lots adjoining those already sold in said town of Macon;, 'or that may hereafter be sold by Stephen Reid, adjoining to Provided, no lots on the river shall be sold. the village of Gainesville ^ any law to the contrary notwith- §2. And be it further enacted by the authority afores aid, to »"• ' standing. ^ . ■ , That the said sales shall be advertised and conducted, and reDu'nant; -^nd be it further endcted, That nothing in this act the moneys and bonds thereon accruing shall he accounted to thereon- shall be so construed as to be repugnant to the laws or con- for, as directed in the act for laying out the town of Macon, stitutiou. . fetitution of this State or of the United Stated i passed the twenty-third day pf December, eighteen hundred, DAVID ADAMS, and twenty-two. . - . Speaker of the House of ^Representatives. DAVID ADAMS, THOMAS STOCKS, Speaker of the House of Representatives. .' ' President of the Senate. > THOMAS STOCKS, Assented to, December 10th, 1823. : " s President of tjie Senate. • * - G. M. TROUP, Governor. Assented to, December 1823. . . , 1 .. -.m t " t 1 " G. M. TROUP, Governor. [No. 13.3.] AN ACT to make permanent the site of, the Public \ 1 - Buildings at tJie village of Clarkesville, in the County AN ACT to matce permanent the site of the Public Build- [No. °f Habersham, and to incorporate said village> ingsin the County of Fayette at Fayetteville, and to The public Be it enacted by the Senate and House of Representatives incorporate the same. . / , * , • ' per!na-SS °f ^ie State of Georgia, in General Assembly met, and it is . Be it enacted by the Senate and House of Representatives p* catedat0" enacted, by the authority of the same, That the of the State of Georgia, in General Assembly met, and it is^f^« cffirkeji- court-house and jail pf said county of Habersham be, and thle hereby enacted by the authority of the same, That from and vi,,e: same are' hereby declared and required to be permanently -after, the passing of this act the site of the public buildings located upon parts of lots number two and number nineteen, in the county of Payette be permanently at Fayetteville. in the tenth and twelfth districts in,said county, at a place § 2. And be it further enacted, That Jordan Gay, SimeOn comm» now known and called b^ the name of Clarkesville. L. Smith, William Harkins, John Hamilton, arid Tandy D. po£ Commis- §2. And be it further enacted, That William Hamilton, King be, and they are" hereby appointed commissioners for pointed.ap" Starrett, John Bryant, Miles Davis, and H. A. Hil] the said town of Fayetteville until the election of commis- Contim- be, and they are hereby appointed commissioners of the said sioners agreeable to this act. 'ffi* village of Clarkesville ; and they, or a majority of them, and -§ 3. And be it further enacted, That on the first Saturday Elec!^.'1 Theirpow-their successors in office, shall have power and authority to in January next, and. op the first Saturday in January in crs" pass all by-laws and ordinances which they or a majority of every year thereafter, all the free white male citizens of the them may deem necessary and expedient for the well said town who shall have given in their taxable property, ' government and good order of said village, and for keeping and who shall be entitled to vote for members to the General * the streets and public springs of the same in'good repair ; Ass'embly, shall assemble at the court-house in said town, Proviso. Provided, such by-laws and ordinances be not repugnant to and by ballot elect five commissioners, who shall continue in the const,itutiop or laws of this State. office one year and until their successors are elected ; at rateSa" § .3* And be it further enacted, That the corporate au- which election any two magistrates of said county shall pre- extended, thority and jurisdiction of said commissioners shall extend side; and in case of the death, removal, or resignation of any then*1 to and exercised oyer all lots which now are or which may of/said commissioners, the remaining commissioners shall hereafter be laid out within said village. . - have power to fill the vacancy, to continue until the next Kom- .$ 4.' Andbeit further enacted, That the inhabitants of election; the commissioners and all others appointed by Con**, missionera said village entitled to vote for members of the Legislature virtue of this act shall be re-eligible. TOWNS.—1823. 449 lay pass § 4. And be it, further enacted, That the commissioners and liable by the laws of the State, to work on the public spring, Haws, of said town, and their successors, shall have full power roads, and to labour on the public spring, streets, and square and and authority to pass such by-laws and regulations as they of said town, and in such manner and at such times as may may deem necessary for enforcing and collecting all poll be prescribed for the improvement, repair, and preservation and other taxes upon the taxable property in said town; thereof; and in case of refusal or neglect in any citi- j'oviso. Provided, any poll-tax shall not exceed one dollar on each zen or other person so liable as aforesaid, the said commis- person. sioners, or a majority of them, may proceed to impose a fine ..ayap- § 5. And be it further enacted, That the said commission- upon such citizens or other persons (or in case of slaves, fjceis!'eir ers ^ave Power an(* authority to appoint such officers upon the owner or employer of such slave or slaves), and as they may deem necessary for the purpose of enforcing to collect such fine in the manner prescribed in this act; L and collecting such taxes, and the purpose of discharging Provided, any such fine to be imposed in virtue of this sec- Proviso, j, such other duties as may be requisite. tion shall not exceed two dollars for each case of neglect or \y pass § 6. And be it further enacted by the authority aforesaid, refusal. • iriug8 re- That the commissioners shall have power and authority to §11. And be it further enacted by the authority aforesaid, Appropria- tohoT ma'ie any by-laws an(l regulations they may deem neces- That the said commissioners do, and they are hereby author- finesand* j "awe sary, requiring the citizens of said town to return on oath, to ized to appropriate all taxes and fines imposed, assessed, and taxes- ffljPeny °^cer *° ke aPP°'nted as aforesaid, the amount of tax- collected, in virtue of any by-laws or regulations adopted in 11 able property and stock in trade by him or them possessed pursuance of the authority given in this act, to the repair !{3,lters' in said town ; and in case of refusal, to cause the tax to be and improvement of the public spring, square, and streets assessed and collected in such manner as they may pre- of said town, and to the preservation of the houses of said scribe. town from fire, in such manner as they or a majority of them ptax §7. And be it further enacted, That the said commission- shall deem most conducive to the interest and safety of the 7ionsX~ ers have power and authority to impose a tax on citizens. *'iymen, all shows, exhibitions, and showmen performing in said § 12. And be it further enacted by the authority aforesaid, Town- town for the purpose of gain, and also upon all gaming- That the commissioners of said town, or a majority of them, auStied tables and games of hazard as may be established, opened, or shall have power to appoint at own-marshal, for the purpose to beaP- lct:- played in said town for the purpose of gain, and to collect of carrying into execution any by-laws and regulations or- P°mte ' to.' and receive the same [in such] manner as they may pre- dained and established by them. hliviso. scribe by the by-laws of said town ; Provided, the by-laws § 13. And be it further enacted by the authority aforesaid, Removal Ik of said town do not exceed the tax imposed upon shows That the said commissioners shall have power to remove or tfonsamP" and showmen shall not exceed five dollars for each day's ex- cause to be removed any building, post, or step, or other ob- [fore hibition or performance; that.the tax to be imposed on gaming structions and nuisances in the public streets or squares of a" ome ' ictel: tables and games of hazard shall not exceed ten dollars for said town. iccdit each day that the same shall be established, opened, or played § 14. And be it further enacted by the authority aforesaid, May tax re- jfllfiso.. in said town ; Provided, that nothing herein contained shall That it shall be lawful for the said commissioners to impose spirituous a hi' be construed to authorize the keeping of any such table or a tax upon all persons retailing liquors in the public square i»«iuorc. tables, or practising any such game, not authorized by the or streets of said town ; Provided, such tax shall not exceed Proviso. Ji, laws of this State, within the dorporate limits of said town, five dollars for each year such persons shall retail liquors as sentfeed- § 8. And be it further enacted by the authority aforesaid, aforesaid in less quantities than five gallons. "Kastper-That in case any person or persons who are liable for the § 15. And be it further enacted by the authority aforesaid, May pass heSe^.wh0 same shall refuse to pay any tax to be imposed.by any by- That the commissioners cf said town shall have full power preserve*0 taxes laws or regulations of said town, in pursuance of the au- and authority to pass such by-laws and regulations as they Gorer Actby thority °f this act, then and in that case the commissioners may deem necessary for the preservation of the health of the citizen*, of said town, or a majority of them, shall, and they are citizens of said town, the security of the public buildings from &c' jj hereby authorized to issue their warrant directed to any of- fire and other accidents, and for erecting and repairing fences n ficer to be by them appointed, requiring him to levy and and palings in the said town. 1 sell of the goods and chattels of the person or persons so re- § 16. Andbeitfurther enacted by the authority aforesaid, Limits of fusing, to make the amount of tax soimposed ; and said officer That the said town shall comprehend within its limits all ration!1*0" w , shall receive such fees as are allowed by law to justices of persons settled upon or residing within the boundaries of the bo. peace and constables in similar cases ; Provided, that lot of land upon which the public buildings of the county ' f'or all sales to be made by virtue of such warrant shall be ad- are situated ; that no person shall be elected a commissioner Quaiifica- fl"1' vertised at least ten days at the court-house door in said or an officer of said town who shall not reside within those commis- IteVl''1 town. «. limits. sioners. iJ-Krof § 9. And be it further enacted by the authority aforesaid, § 17. And be it further enacted by the authority aforesaid, By-laws, oners That the commissioners of said town have power and au- That no by-law or regulation to be nvade by the said com- b^comrary giott'sardto thority to pass and ordain any by-laws and regulations missioners or their successors shall be contrary to the con- necessary to cause to be established a strict patrol, either by stitution and laws of this State, nor shall any penalty im- day or by night, within the limits of said town ; and in case posed by the by-laws and regulations of said town extend to stStf' of neglect or refusal in any citizen of said town to comply life, limb, or corporal punishment of any white person ; /a#' with the by-laws and regulations to be by the said commis- and that in all cases a majority of said commissioners and rgfjs« sioners ordained and established upon this subject, that the their successors shall be competent to the transaction of ' ~ prtf' said commissioners, or a majority of them, may proceed to business. DAVID ADAMS, sGf' fine such citizens, and collect such fine as is hereinbefore Speaker of the House of Representatives. iid It bo. prescribed for the collection of taxes; Provided, that the THOMAS STOCKS, ,0<- fines to be imposed in virtue of the power derived under the President of the Senate, ,ctedi power of this act, shall not exceed five dollars for each case Assented to, December 20th, 1823. Jiallf of neglect or refusal. ' G. M. TROUP, Governor. oil o^'pass § 10. And be it further enacted by the authority aforesaid, the That said commissioners shall have power and authority j,o jfisMto to pass all by-laws and regulations necessary to compel the AN ACT to alter and amend an Act, entitled An Act to [N®. i37«.j ,tetl Kbik citizens of said town, and other persons resident therein, incorporate the town of Marion, in the County of L 11 430 TOWNS—1823. . mid to vest certain powers in the Commis- election may be held on any other day within three months, be held» \ ^ r ___• i:__ L... 0/lw0r. ll,e day . sioners thereof. any justice of the peace first giving ten days' notice by adver- day pointed Qnaiifka- Be it enacted by the Senate and House of Representatives tisement in two of the most public places in said village be- commis of the State of Georgia, in General Assembly met, and it is fore such election. - DAVID ADAMS, sioners!8 hereby enacted by the authority of the same, That from and ' Speaker of the House of Representatives, after the passage of this act no person shall be eligible to be THOMAS STOCKS, a commissioner who is not a freeholder. _ ' President of the Senate. Taxes li- § 2. And be it further enacted, That the commissioners Assented to, December 20th, 1823. mited. . ghall not be "authorized to lay a poll-tax of mpre than one G. M. TROUP, Governor, dollar on each person, and shall not be authorized to tax 14 any species of -property .except real estate, merchandise, and AN ACT to make permanent the site of the Public [No. 1379.) negroes not to exceed twelve and a half cents upon every Buildings in the County of Pike, name and incorpo- hundred dollars' valuation. , - .' > ,fkJ> v J ( Marshal's § 3. And be it further enacted, That the marshal shall not * , . , fees. receive for his services more than fifty per cent; oh any amount Whereas,.the commissioners appointed for the county of Preamble. that may be collected ' . ... Pike, pursuant to ah act of the General Assembly passed Kepeaiin. § 4. And he it further enacted, That; all laws and parts of «>« twenty-third of December, eighteen hundred and twenty, clause. 3 1* militating against this act be, and the same are hereby tw°> dld fix °? the Slte of lhe* Pubhc buildings in said county, repealed. ' DAVID ADAMS, and did purchase for county purposes lot number two hun- ^ Speaker of the House of Representatives. dred awd two>in th? eiShth district, originally Monroe, now , *" ~ • THOMAS STOCKS, Plk® c.ounty J ' , „ ■ ■ ■ pf esident of the Senate. -"e lt enacted by the Senate and House of Representatives, Certain Assented to, December 20th, 1823. - °f the State of Georgia, in General Assembly met, and it is G. M.TROUP Governor, hereby enacted by the authority of the Ssame, That^ the pro- A . ceedings of the commissioners, so far as respects the purchase confirmed. aat inm r • s ^ -n j> t 7 ' \ "t. of said lot for the public site, is hereby ponfirmed and made [No. 1378.] AN ACT to incorporate the village of Jacksonborough, -n jaw v , intheCourUyof Scrivm,andtoa0,oiM Commissioners § AJle it further emete'd, That the site of the public r*. J or the same. ' ^ - buildings of the county of Pik© is hereby made permanent, NewnM.81 Commis- Beit enacted by the Senate and House of Represent- and shall be called by the name of sNewnan. pointed for atives °f the State of Georgia, in General Assembly met, -§ 3. And be it further enacted by the authority aforesaid, Commis- Jackson- and it is hereby enacted by the authority of the same, That That from and after the passing of this act the following ^!nted.ap" roagl- George Sharp, Seaborn Goodall, James-Bryan, jun.; Mulford persons, viz. Samuel Mitchell, William Mitchell, William Marsih, and Solomon Kemp, sen.,- be, and they or a ma- My rick; William Johnston, and Hugh F. Rose, be,And they jority of them be, and they are hereby appointed commis- are appointed commissioners of the town of Newnan, in the sioners for the said village of Jacksonborough ; and they county of Pike, and they or a majority .of them shall have May pass or a majority of them, or their successors in office, shalL have full power to convene after the passage of this act, and May ap &ym?ws' ■ full power arid authority to pass all by-laws which .may'be -proceed to the appointment of a clerk and such other officers cS'&c. necessary for the government jof the same,^and inflict or irn- as they may deem necessary to carry this act into execution, pose such fines, penalties,,and forfeitures, and do such other § 4. And be it further enacted, That the commissioners incorporate acts, as in their judgment shall be cpnducive to of the' said town of Newnan shall take the following oath, sioners.. the good order-and government of the said village, and for before a justice pf the peace or justice of the Inferior, the prevention ofvice and other immorality ; Provided, such Court, previous to their entering on the duties assigned by-laws'and regulations be not repugnant to the constitution them, viz.: I, A. B., do solemnly swear, Or affirm (as the Proviso, and laws of this State ; Provided also, that the punishment case may be), that I will to the utmost of my power sup- of slaves shall not extend to the taking of life, limb, or port, advance, and defend the good order, ppace, and welfare member. , ^ of the town of Newnan, as commissioner of the town; so Limits of §2. And be it further enacted, That, the said corporation help me God. , ration°rp°" sba'I extendAne-half mile from the centre of said corpora- § 5. And be it further enacted, That the commissioners Mayp«« tion, which centre shall be fixed at the court-house in said aforesaid, and their successors in office, shall have full power &£, . village. ' ' and authority to pass all such by-laws and regulations for whomay § 3. And be it further enacted, That any two or more the improvement and repair of the streets and roads within theetec-1 justices of the Inferior Court for the said county of Scriven the limits of said corporation, for the preservation of good tion of are hereby authorized and required to furnish [preside] at order, and all other corporate acts which may be necessary sioners! such election for commissioners as aforesaid ; and that no- for the -comfort and convenience of said town ; Provided, Proviso, fionelsre- *bing herein contained shall be so construed as tP prevent the same shall not be repugnant to the constitution and laws eligible, the re-election of said commissioners pursuant to this act; of this State. Vacancies and in case of death or resignation of any of said comtpis- § 6. And be it further enacted, That the said commis- Their con- how filled. *gjonerg tjjg other commissioners shall advertise such Vacancy sioners shall. continue in office until the first Monday in office!"*' , ten days, and then proceed to elect others to fill such vacan- .January, eighteen hundred and twenty-five ; and on the first - cies, in terms of this act. Monday in every year thereafter, all free male white persons Election to § 4. And "be it further enacted, That the first election for residing in said town who are entitled to vote for members thehfi!st°n commissioners shall be on the first Monday in January, of thri General Assembly shall convene at the court-house, Election of Monday in eighteen hundred and twenty-four, and the first Monday in and by ballot elect commissioners, who shall continue in annaaHy. January in every subsequent year thereafter; and said com- office for one year ; at which election, one justice of the who to missionei-s shall be elected by persons who reside within the peace or justice of the Inferior Court and two freeholders limits of said corporation who are entitled to vote foi; mem- shall preside, not being themselves candidates ; Provided, bers of the Legislature. ,. that if said election should from accident or any other ghoukTm* Provision § 5. And be it further enacted, That in case there should cause not be held on the day pointed out by this act, the i"eotfonthe be n° election on the day pointed out by this act, for that said commissioners whose time may have expired by this act appoinwt abouid not cause this act of incorporation shall not.be void; but an may, by giving ten days' notice by puhlic advertisement at TOWNS—1823. 451 three or more public places in said town, have an election and every year thereafter, all free male white citizens of the Election or holden for commissioners, in the manner hereinbefore said town who are entitled to vote for members of the Ge- goners5* pointed out. neral Assembly shall assemble at the court-house of said thtTincoi^ § n^ b6 ^ farther enacted, That the said incorpo- county, and by ballot elect five commissioners, who shall con- poration. ration shall extend to and include all the tract of land ori- tinue in office one year 5 at which election any two justices ginally purchased by the commissioners of Pike county for of the Inferior Court or justices of the peace may preside : the site ot the public buildings. , Provided, nothing herein contained shall be so construed commis- L*w fitted § 8* •And be U furtlicr enacted> That the commissioners as to make any of the commissioners aforesaid ineligible to eligible.'6" • aforesaid shall have full power to cause all vacancies, occa- a re-election, sioned by death, resignation, or otherwise, of commis- § 4. And be it further enacted, That when any vacancy vacancies sioners filled by election, first giving ten days' notice of said in the commissioners of said corporation shall happen, by llowfilled- vacancy and election ; to be superintended in manner and resignation or otherwise, the commissioners in office shall form before pointed out by this act. appoint some other person within the limits of said corpo- DAVID ADAMS, ration to fill such vacancy, and the person appointed shall Speaker of the House of Representatives, continue in office the same length of time his predecessor THOMAS STOCKS, would have done had no such vacancy taken place. President of the Senate. § 5. And be it further enacted, That the said commis- Mayap- Assented to, November 26th, 1823. sioners and those hereafter appointed, or a majority of them, cieri^&c G. M. TROUP, Governor, have power to appoint a clerk, marshal,and such other offi- ——■— cers as they may deem necessary to carry into effect all pro- LNo. 13S0.] AN ACT to make permanent the site for the Public ceedings which they may adopt under the authority of this Buildings in the County of Henry, and to incorporate act; and the said commissioners shall be ex-officio justices Their pow the village thereof under the name of AIcDonough. of the peace, so far as respects the carrying into effect the ^l}?ene" Preamble. Whereas, in pursuance of the second section of an act, sa'(i act °f incorporation ; and they may impose fines for entitled An Act to organize the counties of De Kalb, Pike, violations of their corporate rules, issue executions for fines Crawford, and Bibb, and to define the places of holding and penalties, and for taxes, and shall have power to exact courts in the counties of Monroe, Houston, Henry, and a tax on all public shows which may be at any time exhibited Fayette, and to authorize the commissioners appointed to or exposed to view for money within the limits of said cor- lay off the town of Macon, and to lay off four acres in said poration, which shall be collected by the said marshal in the town for the erection of public buildings in the county of same manner as executions from justices' courts. Bibb, and to add the county of Newton to the Flint circuit, DAVID ADAMS, passed the twenty-third of December, one thousand eight Speaker of the House of Representatives, hundred and twenty-one, the justices of the Inferior Court THOMAS STOCKS, of the county of Henry, as commissioners, have .fixed on a President of the Senate, public site for said county, and have also proceeded to pur- Assented to, December 17th, 1823. chase to the amount of one square lot of land, i. e. the one- M. TROUP, Governor, half of lot number one hundred and thirty-four, in the seventh district of said Henry county, and one-half of lot number AN ACT to alter and change the Site of the Public [No. i38i | one hundred and twenty-three, in the samq district and Buildings of the County of Dooly, and to appoint Com- county, and have also laid out a county town thereon ; missioners of the Public Buildings of said County. Site of the Be it therefore enacted by the Senate and House of Repre- Be it enacted by the Senate and House of Representatives coimms- buildings sentatives of the State of Georgia, in General Assembly of the State of Georgia, in General Assembly met, and it is made per- met, and it is hereby enacted by the authority of the same, hereby enacted by the authority of the same, That Blasingain fix on a manent. •pha.t from and after the passing of this act, the said site as Pollett, William Hillard, Thomas E. Ward, Thomas Cobb, nooiy' fixed on by the justices as aforesaid be, and the same is and Littlebury Richardson, or a majority of them, be, and Co,inty- hereby declared to be the permanent site for the public they are hereby appointed commissioners to fix on the sitfe buildings, and of the administration of justice, in said county, of public buildings for the county of Dooly, which place Nameof § 2. And be it further enacted by the authority aforesaid, shall be as near the centre of said county as convenience will ,he vii'ag®. That the said county town or village shall in future be known permit; and that the said commissioners or a majority of Commis- and called by the name of McDonough ; and that William them shall have full power and authority to purchase not pok!tedap" k- Crayton, James Kimbrough, Tandy W. Key, Andrew exceeding two hundred two and one-half acres of land, for M. Brown, and William Hardin, Esqrs., and their succes- the purpose of fixing thereon the court-house and jail, and sors in office, be, and they are hereby appointed commis- other public buildings of the said county; and to lay off To lay off May pass sioners of said town(; which said commissioners shall have not less than ten nor more than twenty acres of land, f0r|dsellthB ky-'aws, fu]j pOW6r antj authority to pass all by-laws and regulations in lots of such size and manner as they or a majority of them which may be deemed necessary for the improvement and shall deem most advantageous, and to sell and dispose of repairing the streets, spring, and internal police of said the same to the highest bidder, giving at least thirty days' Proviso, town ; Provided, nevertheless, that such by-laws, rules, and [notice] of such sale at two of the most public places in regulations shall not be repugnant to the constitution of the said county ; and the proceeds of such sale shall be applied How the United States and the constitution and laws of this State, by said commissioners towards the payment of the said two s"\esisuf Penalties and that no penalty thereby imposed shall extend to corpo- hundred two and one-half acres of land; and the remainder Reapplied, limited. raj punishment, except to people of colour, nor shall any of such sale, if any, is to be applied towards the building of tax upon the people of said town be imposed which shall the court-house and jail of said county, and shall be paid by exceed one dollar to each poll for the same year. the said commissioners into the hands of the justices of the Their juris- § And be it further enacted, That the said commission- Inferior Court of said county, who are, or a majority of them diction. ers an(| their successors in office shall have corporate ju- are, appointed commissioners for the purpose of letting out risdiction over all the public lots that now are, or may here- to the lowest bidder the building of the court-house and after be laid out in said town, and that the said commis- jail of said county by public outcry, after giving thirty days' Continu- sioners shall continue in office until the second Tuesday in public notice by advertisement in two or more of the most aJgcein January, in the year eighteen hundred and twenty-five, public places in said county, which letting out shall be to ° Ce" on which day and on the second Tnesdav in January in each the lowest bidder. -112 m TOWNS.—1823. courts and § 2.. And be it further enacted, That the courts and elec- AN ACT to alter and amend an Act incorporating the J3gJ whera"" tions shall be held at the house of John Goldsmith, in said town of St. Mary's. held- countyv until suitable buildings shall be raised and com- B& -t enacted by the Senate and House of Represent- Jurwie- pleted at the place contemplated. , atives of the State of Georgia, in General Assembly met, lnuLdam* Repealing § 3. And be %t further enacted, That all laws and parts of and u is hereby enacted iy fa authority of the same, That laws militating against this law be, and the same are, hereby jurisdiction of the Intendant and Council Court of the creased, repealed. DAVID ADAMS, said town shall be increased to one hundred dollars., Speaker of the House of Representatives. i And beit furfar enacted, That all suits or causes Mode or * THOMAS SI OCRS, cognizable by, and which may be commenced, in the said President °* t'ie senate, when the same is under thirty dollars, shall be by sum- und«#a9. Assented to, December 10th, 1823. TTD n s mons or warrant in the same manner as in justices'courts, > . G. M. TROUP, Governor. an(j jefen(iant shall be charged with the same costs as in . the said courts ; and in all cases where the judgment or . . verdict of the jury,shall be for a sum under thirty dollars, the [No. 138-2.] AN ACT to vest in the Mayor and Aldermen of thecity remainder of the court charges may be retained out of the , of Savannah the right to appoint the Health Officer sum*so recovered, and if the judgment or verdict be not of for the port of Savannah, and to regulate* the compen- sufficient amount the plaintiff shall be bound to pay the ' ' sation to be allowed the said Health Officer, and same ; and that in all sums over thirty dollars the process 'the Harbour-master of said port, for their services ; shall be conformable to the judicial statute of this State, ex- J and to repeal the several Laws imposing a Duty on cepting that the process to all such suits in said court shall ' Tonnage in the River and Harbour, of Savannah; and be served by the sheriff or marshal of, the same ten days be- by uTIhe- to appropriate the funds unexpended in the hands of fore the return thereof. shL°rMar" the Commissioners heretofore authorized to receive the § 3. And be it further enacted, That either party in any Either par- same% ' cause shall be entitled to-a trial by jury, upon entering a thatrial * ■ ■ ' demand therefor in writing on the docket of the said court, byju|7 Mayor and Be it enacted by the Senate and House of Representatives before the opening of the court, on the first day of the term ta^conV ofseava£ °f the State of Georgia, in General Assembly met, and it to which the said cause is returnable, and upon giving secu-tlon8, anhtoeiect ** hereby enacted by the authority of the Same, That the rity for the payment of the eventual condemnation money a Heaitifct mayor and aldermen of the city of Savannah shall, on their and costs, as upon the entry of appeals under the judicial &?jportof ^rst re&ular meeting in December next (eighteen hundred statutes of this State. , - savannah, and twenty-three), and annually on their first regular meet- § 4. And be it further enacted, That where any defendant Defendant ing in December thereafter, proceed by ballot to' elect a shall have been served with process he shall file his' answer in answer!" health officer for the port of Savannah, who shall be under writing, in the terms of the judicial statute, on or before the the direction and control of the said mayor and alderiqen, opening of the court at the term to which the same is return- and subject to such ordinances, rules, ahd regulations as the able ; if the defendant shall fail to file his answer in manner said mayor and aldermen may make and prescribe for ther aforesaid, the said court shall note the defendant [default] in better regulation of the duties of said health officer. " the docket; a*nd in all Cases which are not docketed for trial incasesnot To fix the § 2. And, be it further enacted, That the said mayor' and by jury, in terms of the proviso of the third section of this act, uiafby eompensa- aldermen anJ they are hereby empowered to regulate proceed to g'we judgment and award execution thereon at HeaMOffi- the compensation to be allowed for the services of the said the same time, upon due proof of the plaintiff's claim ; but judgment Harbour- health officer, and the harbour-master of the port of Sa- in all cases which are sd docketed, an imparlance shall be master. vannab. , ; allowed until the next succeeding term. Fteted Certain du- § 3. And be it further enacted, That all laws and parts of § 5. And beit further enacted, That the provisions of the animpar'-' Bage>re!°,n" laws heretofore passed for the purpose of levying or author- act passed the sixteenth of December, eighteen hundred and pealed. izing so to be levied a duty on tonnage in the river or harbour eleven, to alter and amend the twenty-third section of the Threeday* of Savannah, either for the purpose of compensating the har- judiciary law of this State, passed the sixteenth day of Fe- bour-master or health officer, or for the use of the anchors, bruary, seventeen hundred and ninety-nine, shall likewise be buoys, and chains put down in the said river, or for any otherg of full force ip said court, excepting that it shall not be ne- Hon. : purpose, shall be, and the same are, hereby repealed so far cessjtry to give more than three days' notice of an intention as they authorize the levying of such tonnage duty ; and no to take testimony by commission ; which commission it shall officer appointed by 01; acting under the authority of this be the duty of the clerk of said court to issue upon appli- .State, or the said city of Savannah, shall be, authorized to cation therefor. ask, demand, or receive any tax or duty on tonnage in the. §6.'And be it further enacted, That the thirty-second claims or frortso. said river or harbour of Savannah : Provided always, that section of the judicial statute of this State shall" be in Ml bkm nothing in this act contained shall operate to prevent the col-, force in said court, excepting that all , claims to property to thecierk lection of any sum heretofore due for any of the causes made under the provisions of that section shall be returned aforesaid, but that the commissioners of pilotage shall be, by the sheriff of the said court to the clerk of the Superior £f0untyden and they are hereby authorized to enforce the. collection of Court of Camden county in ten days after the institution of the same; and they are hereby authorized and required to such claim, to be decided upon by a jury at the ensuing term apply any unexpended balance in their hands to the purpose of the Superior Court of the said county. of removing or lessening the obstructions in Savannah river s § 7. And be it further enacted, That all persons residing who to between the said city of Savannah and Five Fathom Hole. within the town of St. Mary's who are liable to serve as ju- «iauseing § 4. And be it further enacted, That all laws and parts of rors in the Superior Court shall be liable to serve as jurors themodeof laws militating against this law be, and the same are hereby in this court; and it is hereby declared to be the duty of the repealed. [ DAVID ADAMS, said court to conform to the laws in force in this State point- {^j"* Speaker of the House of Representatives, ing out the mode of drawing and summbning jurors for the Iem' THOMAS STOCKS, Superior Court. President of the Senate. § 8. And be it further enacted, That the costs in all cases cost* Assented to, December 19th, 1823. above thirty dollars shall be one-half of the costs allowed G. M. TROUP, Governor, in the Superior Court, excepting that in all cases under thirty TOWNS.—1823. 453 UiKiar $30 dollars no attorney's fee shall be charged in the bill of costs, ney'sbiii and the proviso in the second section of this act shall be en- •barged. forced. Amount of § 9. And be it further enacted, That on all cases brought in the said court under thirty dollars there shall be a tax of sabJt'ourti cents on each ; and on all not exceeding fifty dollars, a tax of one dollar each; and on all over fifty dollars, two dollars each ; to be paid upon the institution of the same to the clerk of the said court, who shall make quarterly returns of the fees so received by him, and pay over the amount to the treasurer of the said town of St. Ma'ry's, under the pe- nalty of five hundred dollars, to be enforced by attachment against the said clerk as for contempt. §10* And be it further enacted, That in any and all cases shaUs ar~ where the sheriff or marshal of said town is interested, pro- coronerdto cess may ke served and execution levied by the coroner of serve pro- said county, and himself and his securities shall be liable in CC8S- the same manner as the sheriff or marshal would be had he served the process, levied execution, and received the amount thereof and costs, cierk to §11. And be it further enacted, That the clerk of the eeediugs" said court shall copy into a book of record, to be provided of record? ^ ^ ^ *ntentlant afid council of said town, all the proceed- ings in the cases in said court, which entry of record shall be made within twenty days after the determination of any His coni- cause ; and the clerk shall be allowed ten cents for every peusauon. hundred words of recording such-proceedings, to be taxed in the bill of cost; and the said clerk shall keep regular Minutest° minutes of the proceedings of said court, which shall be by Intend- signed by the intendant or members of council presiding. Council § 12. And be it further enacted, That the marshal or sheriff Marshal" of said town shall have the power of selling real estate in mayseiriff sa^ town under executions issued by the intendant and coun- mftiin'first sa^es ma(le by him of real estate or ne- Tuesday7n groes shall be on the first Tuesday in each month, and ad- upon'thkty ver^se(^ at least thirty days. days' no- § 13. And be it further enacted, That all laws and parts of Repealing ^aws militating against this act be, arid the same are hereby clause. a repealed. DAVID ADAMS, Speaker of the House of Representatives, THOMAS STOCKS, President of tfie Senate. Assented to, December 20th, 1823. G. M. TROUP, Governor. [No. 1384.] AN ACT to make permanent the site of the Public Buildings in Rabun County, and to name and incor- penmate the same. Preamble.1 Whereas, a number of the citizens of Rabun county have petitioned for a removal of the site of the public buildings in said county; The public Be it enacted by the Senate and House of Representatives permanent °f State of Georgia, in General Assembly met, and it is « Clayton, hereby enacted by the authority of the same, That from and after the passing of this act, the site of the public buildings of said county of Rabun be, and the same is hereby declared to be permanently fixed on lot number twenty-one in the second district of said county, which said public site shall be known and called by the name of Clayton. Conimis- §2. And be it further enacted, That Benjamin Odell, poS for P°we^' J°'in DiUarch Edward Coffee, and Solomon thetownoV Beck, and their successors in office, be, and they are hereby £y owthe aPP0inted commissioners for said town of Clayton, when laid out; and said commissioners are hereby vested with effiit full power and authority to purchase all or any part of said purpose *an(^ an(* t0 ^ay same int0 town i°ts (reserving- Se" a sufficient square for a court-house and jail) ; Provided, Title there- nevertheless, that the title in and to said lot of lands when "nnvejfed purchased, shall be conveyed to and vested in the justices to the in- of the Inferior Court of said countv, and their successors in office. § 3. And be it further enacted, That as soon as the said The ihre- lot of land is purchased, and the town lots laid out as afore- [o°|en the' said, the Inferior Court of said county shall be, and they are lots, and to hereby authorized to dispose of any number of said lots for bu?idfngf»r the use of the county, and to contract with any person or houee'ana persons for building a court-house and jail for said county. Jan. § 4. And be it further enacted, That the commissioners commie- before named, and their successors in office, be, and they are hereby vested with full power and authority to make all laws, &«. by-laws and regulations which may be necessary for the go- vernment of said town of Clayton, and for the improvement of the streets, springs, and internal police thereof; Provided, proviso, such by-laws and regulations shall not be repugnant to the constitution and laws of this State. § 5. And be it further enacted, That the commissioners Their eon- above-named shall continue in office until the first Monday office0" in January, eighteen hundred and twenty-five; at which time, and on the first Monday in January annually there- Election of after, the inhabitants of said county who are entitled to vote for members of the General Assembly shall convene at the court-house in said county, and elect by ballot five commis- sioners for said town of Clayton, who shall continue in office for one year; which said election shall be superintended by whoto two justices of the Inferior Court or justices of the peace of said county. §. 6. And be it further enacted, That all laws and parts of Repealing laws militating against this act be, and the same are hereby clause- repealed. DAVID ADAMS, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 13th, 1823. G. M. TROUP, Governor. AN ACT to make permanent the site of the Public [No. 1385.] Buildings in the County of Monroe, at Forsyth ; and to incorporate the same. Whereas, the commissioners of the county of Monroe, ap- Preamble, pointed pursuant to an act of the Legislature passed on the twenty-third day oi" December, eighteen hundred and twenty- two, did fix on the site for the public buildings in said county, and did obtain lot number one hundred and seventy- one, in the sixth district of Monroe county, for county pur- poses; Be it enacted by the Senate and House of Representatives Proceed- of the State of Georgia, in General Assembly met, and it commL is hereby enacted by the authority of the same, That the sioners proceedings of the commissioners, so far as respects the c rme * purchase, is hereby confirmed and made valid in law. § 2. And be it further enacted, That the site of the public Site made buildings in said county of Monroe shall be, and is hereby atForsyu!1 made permanent at Forsyth. § 3. And be it further enacted by the authority aforesaid, Commis- That from and after the passing of this act, that the follow- th^townof ing persons, viz. James S. Phillips, Henry H. Lumpkin, John E. Bailey, Anderson Baldwin, and Samuel Drewry, be, ' and they are hereby appointed commissioners of the town of Forsyth, in the county of Monroe ; and they, or a ma- Mayap- jority of them, shall have full power to convene at any time ^.c after the passage of this act, and proceed to the appointment of a clerk and such other officers as they may deem neces- sary to carry this act into execution. § 4. And be it further enacted by the authority aforesaid, Their con- That the said commissioners shall hold their said appoint- JXe?""* ments hereby given them until the first Monday [in January], eighteen hundred and twenty-five, at which time, and in Annual every subsequent year thereafter, the citizens in the town of Forsyth entitled to vote for members of the General Assem- sioners. bly shall choose by ballot five persons to succeed them as commissioners of said town; and they are hereby vested 454 TOWNS.—1823. May make with full power and authority to make such by-laws and re- lawful for any person elected commissioner of said town, ic!aws' gulations, and to inflict such pains, penalties, and forfeitures, in pursuance of the before-recited act, to enter on the du- and do all other incorporate acts as in their judgment piay ties of his office until he shall have taken and subscribed, seem most conducive to the good order and government of before one* of the justices of the Inferior Court or justices Proviso, said town; Provided, such by-laws and regulations be not of the peace for the county of Elbert, an oath well' and repugnant to the constitution and laws of this State ; and truly to discharge the duties of a commissioner of the town Proviso, provided also, no poll-tax shall exceed one dollar in any witl»n the said town limits, levy and collect in a sum- cient in most instances to defray the expense of county mary manner an annual poll-tax, not exceeding one dollar tax on buildings; 1 • oh each free person, and not exceeding twenty-five cents on Public Be it therefore enacted by the Senate and House ofRepre- each slave usually resident therein, and a tax not to exceed &e- the Fort sentatives of the State of Georgia, in General Assembly twenty-five cents on every hundred dollars' value of real Hawkins mef} and if hereby enacted by the authority of the same, estate, stock in trade, and other personal estate,-or any other turn"over That it shall be the duty of the public agent for the Fort property or thing therein that may at the time b^ing be riorcomrt" Hawkins reservation to turn over to the Inferior Court of taxable by the laws of this State, and also "a tax not exceed- of Bibb the county of Bibb the amount which may be received for *n§ ^ye dollars for each day on all itinerant exhibitions and cCTtaiiT the rents for the year eighteen hundred and twenty-four, performances therein for money. - . , Sr with a view to enabIe the Inferior Court to proceed imme- § ,5- f nd he {t father enacted, That the said board may, p°™* diately to the erection of a court-house and jail for said W1tbin fue corporate limits of said town, make all needful sinners in county. <■ - regulations for the restraint and punishment of slaves and DAVID ADAMS, free persons'of colour, and for the exclusive government of mem Speaker of the House of Representatives. Patro.ls therein, and may levy and collect as aforesaid a THOMAS STOCKS ta3^ not exceeding five dollars foT each day on pedlere and ™®£ofpa* President of the Senate. itinerant traders therein, and may regulate and enforce work to regu- Assented to, December 20th, 1823. by such persons as by law may be liable thereto, not exceed- G. M. TROUP, Governor. inS (five .days at any one time, nor exceeding) fifteen day*™*^ • in any one year, on the streets, squares, and public roads; roads, r»o lani iw Am. 7 a * ^ a a /* * » and in other respects may have the same authority and juris- ACT to amend an Act, entitled An Act for the bet- diction over the roads therein as now belongs to the Inferior square* er regulation and government of the town of Elberton, Court of Elbert county ; but the said board may, if they •ionereof • enacted by the Senate and House of Representa- should deem it expedient, hire the necessary labour on any uietoivnof tivfs of the State e" repealed, except as to any rights, duties, and iiberties that may have accrued under them. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. [No. i3£8 ] AN ACT to alter and amend an Act, entitled An Act to make permanent the site of the Public Buildings in the County of Monroe at Forsyth, and to incorporate the same; passed on the tenth day of December, one thousand eight hundred and twenty-three. Commie-' Be it enacted by the Senate and House of Representa- !h°Aownf tives ofthe State °f Georgia, in General Assembly met, and of For- it is hereby enacted by the authority of the same, That the commissioners of the said town of Forsyth, appointed by the sythtoap- authority of the above-recited act, and their successors in ErMo' office, shall have full power and authority to appoint such officers from time to time as they may deem necessary for ne8' the purpose of enforcing and collecting^ all such fines, for- feitures, penalties, and taxes which may he imposed by the said commissioners, and for the purpose of discharging such other duties as may be requisite. § 2. And be it further enacted, That the commissioners May make of said town shall have power and authority to make any by- compeiS l° laws and regulations they may deem necessary, requiring ^teare the citizens of said town to return on oath to the officer ap- "miof pointed as aforesaid the amount of taxable property, both j^e pro?a" real and personal, together with the amount of stock in peny. trade by him or them possessed in said town ; and in case of refusal, to cause the tax to be assessed and collected in such Defaulters, manner as they may prescribe. § 3. And be it further enacted, That the cotnmissioners Limitation shall not be authorized to lay a poll-tax of more than one dollar on each free white person within the incorporate limits of said town, and they shall not be authorized to tax any species of property except real estate, goods, wares, and merchandise, and slaves; the tax on real estate and merchandise not to exceed twenty cents upon every hun- dred dollars' valuation, and the tax on slaves not to exceed twenty-five cents on each slave. § 4. And be it further enacted, That the said commis- May tax sioners and their.successors in office shall have full power 1/^011"" and authority to impose a tax on all shows, exhibitions, and and show- showmen performing in said town for the purpose of gain, nien" and also upon all gaming tables and games of hazard as Gaming may be established, opened, or played in said town for the tables- purpose of gain, and to collect and receive the same in such manner as they'may prescribe by the by-laws and regu- lations of said corporation ; Provided, the tax hereby intended Taxes to be imposed upon shows, exhibitions, and showmen shall not exceed the sum of five dollars for each day's exhibition or performance, and the tax intended to be imposed by this act upon gaming tables and games of hazard, shall not exceed the sum of ten dollars for each day that the same shall be opened, established, or played in said town ; Pro- Proviso. vided, that nothing herein contained shall be construed to authorize the keeping of any such table or tables, or prac- tising any such game not authorized by the laws of this State within the corporation limits of said town. § 5. And be it further enacted, That in case any per- Proceed-; son or persons who may be liable to pay any tax to be im- person'"81 posed by any by-laws and regulations of said corporation in "e]?°s™ay pursuance of the authority of this act, and shall refuse to pay any tax pay the same, then and in that case the commissioners of p^uance* said town, or a majority of them, shall, and they are hereby hereof, fully authorized to issue their warrant directed to any officer to be by them appointed, requiring him to levy and sell of the goods and chattels of the person or persons so refusing to make the amount of tax so imposed ; and said officer shall receive such fees as a compensation as are by law allowed to justices of the peace and constables in similar cases ; Provided, that all sales to be made by virtue of such warrant Proviso, shall be advertised at least ten days at the cburt-house door in said town. § 6. And be it further enacted, That the commissioners of said town and their successors in office shall have power Jfasioners and authority to pass and ordain any by-laws and regulations necessary to cause to be established and enforced a civil patrol, either by day or by night, within the limits of said town ; and ,in case of neglect or refusal in any citizen or inhabitant of said town to comply with the by-laws and re- gulations to be by the said commissioners ordained and esta- blished upon this subject, that the said commissioners, or a majority of them, may proceed to fine such citizen or in- habitant, and collect such fine as is hereinbefore prescribed 456 TOWNS.—1824. Proviso, for the collection of taxes; Provided, that the fines to be imposed in virtue of the power derived under this act shall not exceed five dollars for each case ©f fefusal or neglect. Com- § 7. And be it further enacted, That the said commis- onera sioners and their successors in office shall have power and misaionera may r— eom&WiSt° au*hority to pass all by-laws and regulations necessary to aonares1^1 compel the citizens of said town and1 all other person or aaid town persons resident therein, and liable by the laws of this State thc^ubiio™ to on public roads of the same, to labour on thq aprings,'10 public springs, streets, and square of said town, in such square.and J*131111?1, an(l at such times as may be prescribed by the said commissioners, or a majority of them, for the'improvement, . Defaulters repair, and preservation thereof; and in case of refusal or neglect of any citizen or citizens or other person or per- sons so liable as aforesaid, the said commissioners, or a ma- jority of them, may proceed to impose a fine upon such citizen or citizens or other person or persons (or in case of slaves, upon the owner or owners of such slave or slaves), ancl to collect such fine or fines in the manner above pre- Proviso, scribed in this act; Provided,' any such fine or fines to be imposed in virtue of this section shall not exceed two dol- - lars for each case of neglect or refusal. How the §8. And be it further enacted, That the said commis- andSforfeiu sioners do, and they are hereby authorized to appropriate all uresareto taxes, fines, and forfeitures imposed, assessed, and collected j»iatcS£°f in virtue of any by-law's or regulations adopted in pursuance. of the authority given said commissioners by this act, to the < repair and improvement of the public springs, square, and streets of said town, and to the preservation of the houses of- said town from fire, in such manner as they, or a ma- jority of them, shall deem most conducive to the interest and safety of the citizens thereof. - ' ' commis. , § 9. And be it further enacted, That the commissioners mayeap-' of said town, or a majority of them, shall have power to ,ap- marshal P03nt a marshal for the purpose of carrying int6 execution V anjr by-laws and regulations ordained and established by His fees, them, who shall receive as a compensation for said services not exceeding the fees allowed to justices of .the peace and constables in'similar cases. May re- § 10. And be it further enacted,, That the said commis- "ructions sioners shall have power to remove or cause to.be removed andnui- any building, post, or step, or any other obstructions and nuisances in the public streets or square of said town. May tat §11. And be it, further enacted, That it shall be lawful spUituous* for said commissioners to impose a tax on all persons re- liquors. tailing spirituous liquors in the public square or streets of Provisq. said town ;. Provided always, that such tax shall not exceed three dollars for each year such person or persons shall re- # tail spirituous liquors as aforesaid in less quantity than one gallon. Further ' § 12. And be it further enacted, That the commissioners toeCom°-f °f sa3d town shall have full power and authority to pass such missioners. by-laws and regulations from time to time as they may deem necessary for the preservation of the health of the citizens of said town, the security of the public buildings from fire and other accidents, and for erecting and repairing fences , and palings in said town. Limits of § 13. And be it further enacted, That the said town shall, said town, comprehend within its limits all persons residing within the boundaries of the square or lot of land upon which the pub- uo°n ofifCa" buildings of the county are situated ; and that no person Commis- shall be elected a commissioner or an officer of said town *ionerB" who shall not reside within those limits. Repealing § 14.' And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act be, and the same are hereby repealed. JOHN ABERCROMBIE, Sneaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th,.1324.» G. M. TROUP, Governor. AN ACT to authorize certain Commissioners therein {No. m, mrned to establish a Lottery, for the purpose of rais- ing the sum of twenty thousand dollars, to be appro- priated to the'building of a Masonic Hall in the city of Augusta. * Be it enacted by the Senate and House of Representatives Wwo au- of the State of Georgia, in General Assembly met, and it is b^Sd*0 hereby enacted by the authority of the same, That it shall • and may be lawful for the'commissioners hereinafter named Hail in to establish, a lottery within one year after the passing of this Ausu"«- act, to raise the sum of twenty thousand dollars, under such scheme and regulations as they or a majority of them may deem necessary and proper, for the purpose of building a Masonic Hall within the city of Augusta. ' § 2. Andbe it further enacted, That Samuel Hale, Augus- Commis- tin Slaughter, Thomas I. Wray, William W. Holt, B. D. Thompson, John W. Wilde, and Robert R. Reid be, and \ they'are hereby appointed commissioners to carry the afore- said lottery into full effect. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 15th, 1824. G.M. TROUP, Governor. 'AN ACT to q.mend an Act, entitled An Act to amend I>'°. 1390.1 - the several Acts establishing a Mayor's, Court in the City of Augusta ; and also the several Laws incorpo- rating said City. , • • Be it enacted by the Senate and House of Representor Vacancies tives of the State of Georgia, in General Assembly met, and it '0nt'sCmT is hereby enacted by the authority of the same, That in the event of a vacancy happening in the mayoralty of the city ow e' of Augusta by death, resignation, or otherwise, such vacancy shall be filled by election, in the same manner as that office is directed tq be filled under the provisions of the act of which this is an amendment ; which elections shall be held by order of any three or more members of the city council, published for ten days in the public gazettes of said city. . JOHN ABERCROMBIE, . Speaker of the House of Representatives. , ALLEN B. POWELL, ' President of the Senate. Assented to, December 2.0th, 1824. ' G. M. TROUP, Governor. AN ACT to repeal an Act, entitled Ah Act to alter and [No. um.j change the site of the Public Buildings in the County of Dooly, passed the tenth day of December, eighteen hundred and twenty-three; and to appoint Commis- sioners of the Public Buildings of said County ; and to appoint other Commissioners ta fix cm, a site for the Public Buildings of said County in the room of those heretofore appointed. ■ Be it enacted by the Senate and House of Representatives RepeeW. 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, that the above- recited act be, and the same is hereby repealed. § 2. And be it further enacted by the authority aforesaid, That James Powell, Etheldred Farcloth, Moses Ramsey, u> John Harvard, and William Slaid be, and they are hereby appointed commissioners in lieu of those heretofore ap- poihted by the above-recited act, be, and they are hereby appointed commissioners of the public buildings of the said county, and to fix on the site of the public buildings of said county, or a majority of them. \ - § 3. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, are centre m hereby required to fix on iiie said sue as near lue euniiu TOWNS.—1824. 457 said county as convenience Will admit of, paying due regard to that part of the county which is most inhabited, or likely oience and population will admit. Commis- to be so ; and that the said commissioners, or a majority of sioners to - purchase a lot for the town. To lay off and sell lots there- Proceeds of sale liow to he applied. Courts and elections where held. Repealing clause. them, shall have full power and authority to purchase not exceeding two hundred two and a half acres of land, for the purpose of erecting a court-house and jail on, and other public buildings of said county ; and to lay off not less than ten nor more than twenty acres of land, in lots of such size and manner as they or a majority of them shall deem most advantageous, and to sell and dispose of the same to the highest bidder, giving at least thirty days' notice of at two of the most public places in said county ; and the proceeds of such sale shall be applied by said commissioners towards the payment of the said two hundred two and a half acres of land, and the remainder of such sale, if any, is to be applied towards the building of said court-house and jail of said county, and shall be paid by the said commissioners into the hands of the justices of the Inferior Court of said county, or a majority of them, [who] are appointed commissioners for the purpose of letting out to the lowest bidder the building of the court-house and jail of said county, by public outcry, after giving thirty days' public notice by advertisement in two or more of the'most public places in said county ; which said letting out shall be to the lowest bidder. § 4. And be it further enacted, That the courts and elec- tions shall be held at the house of John Goldsmith, in said county, until suitable buildings shall be erected and com- pleted at the place contemplated. § 5. And be it further enacted, That all laws and parts of laws militating against this law be. and the same are hereby repealed. # JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824.- G. M. TROUP, Governor. AN ACT for the further sale of Lots in the town of Alacon. Be 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 com- missioners appointed to lay out the town of Macon are hereby authorized and required, within three months from the passage of this act, to sell not exceeding twenty half- acre lots adjoining those already sold in the town of Macon ; Provided always, that nothing in this act shall be so con- strued as to authorize the sale of any water lot or lots within one hundred yards of the margin of the river. § 2. And be it further enacted by the authority aforesaid, That the said sales shall be advertised and conducted, and the moneys and bonds thereon accruing shall be accounted for as directed in the act for laying out the town of Macon, passed the twenty-third day of December, eighteen hundred and twenty-two. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 18th, 1824. G. M. TROUP, Governor. [No. 1393.] Commis- sioners of the town of Macon au- thorized to sell twenty half-acre lots. Not to sell any water Sales as heretofore. Their cor- porate name. To rise a common seal. [No. 1392.] AN ACT to incorporate the Savannah St. Andrew's Society. Members' Be it enacted by the Senate and House of Representatives mes' of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Youpg, John McNish, Robert Scott, John Balfour, William Rose, John H, Reid, Robert Mitchell, William Taylor, William Robertson, Robert Isaac, James Woodrow, John McNeil, James McHenry, Arthur G. Miller, Norman Wallace, Donald McLeod, A. Alexander, William Smith, James Hills, James Wallace, Henry McAlpin, and Alexan- der Telfair, with all such other persons as are now or may hereafter become members of said society, be, and they are hereby incorporated and made a body politic,- by the name and style of the Savannah St. Andrew's Society, with thepri- vilege of using a common seal. § 2. And be it further enacted by the authority aforesaid, ereeind°W" That the said society by the name and style aforesaid shall privileges, be, stnd they are hereby made able and capable in law to hold, purchase, receive, and enjoy lands and tenements, goods and chattels, and effects of what kind and nature soever, and the same to grant, alien, and dispose of ; to sue and be sued, to plead and be impleaded in courts of record, and also to ordain and put in execution such by-laws and regulations as shall, seem necessary and convenient for the Proviso, government of the said corporation, provided such by-laws and regulations are not contrary to the laws and constitution of this. State or of the United States. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. M m m AN ACT to incorporate a Fire Engine Company in the [No. 1394.1 city of Darien. Whereas, it is deemed important that in all cities ample Preamble, and efficient means be taken to guard against destruction by fire, and there being no - better security than a well or- ganized fire engine company ; Be it therefore enacted by the Senate and House of Re- Engine presentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the engine company established -in the city of Darien be, and it is hereby declared to be a body corporate, by the its corpo- name and style of the Darien Fire Engine Company. rate name" §2. And be it further enafited, That the members com-said com- posing said company and their successors shall have power majfe'and to make, alter, amend, and change such by-laws as may be ]aa™®nd b>T" agreed on by the members of the same ; Provided, such proviso, laws be not repugnant to the laws and constitution of this State or of the United States. § 3. And be it further enacted, That they shall have full To sue and power and authority, under the name aforementioned, to sue anycv!urt for and recover all such sum or sums of money as may be- having ju- come due the said association at any court of law, or at any ntt,lcllou- tribunal having jurisdiction thereof, and the rights and pri- vileges of said association in any court, at any tribunal whatever, to defend. § 4. And be it further enacted, That in consideration of Exempt the services and usefulness of said association, the officers duty.1" and members of the Darien Fire Engine Company be, and they are hereby exempt from the ordinary militia duty of the county. § 5. And be it further enacted, That whenever it shall ap- Their asso- pear to the mayor of the city of Darien that the said asso- ceaJe on° ciation for three regular meetings have failed to parade ten ^ persons (excepting in the months of July, August, and Sep- persona tember), which shall be ascertained by a return being made to the said mayor regularly after every meeting, then this |ar meet- association may cease, and be declared void by an ordinance ms"' passed in council by the mayor and aldermen. § 6. And be it further enacted, That the number of indi- company viduals in the above-named incorporate company shall not "eed'twen- exceed twenty, inclusive of officers. ty besides JOHN ABERCROMBIE, otftcers- Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, November 25th, 1824. G. M. TROUP, Governor. 45s towns.—1824. G. M. TROUP, Governor. Wo. 1395.) an act to give to Master Carpenters and Masons a immediately after the passage of this act, the corporation of mem- lien on Buildings erected by them in the town of the city of1 Savannah shall have power and authority, and Macon. ' ' - . they are hereby empowered and authorized to noininate, Authorized Be it enacted by the Senate and House of Representatives select, and appoint pertain individuals, being free white per- Not(o the'keys of the State of Georgia, in General Assembly met, and it is so,ls> and "pt exceeding twenty-one, in number, and who, and i>os- hereby enacted by the authority of the same, That all master when so appointed, shall be ,known as the Engine Com- in number. Sing°sf carpenters and master masons'who after the passage of-this pany. of Savannah." ^ectedby act may erect buildings in the town of Macon shall have . § 2. And be it further enacted, That it shall be the duty gaidcom. where the full power and authority j;o retain the keys and possession of of the said company, in cases of £re, to take charge of and J™** ™t°oUtheS such buildings, and shall have a lien thereon for the amount manage the engines in the city of Savannah; and the said or n,e en. wise se- that may be owing to them therefor; Provided} there.be no Company ^hajl be subject to such rules and regulations for cure '• . existing agreement between the parties seciiring the amount -their government and conduct as shall.be prescribed by the ject to the to be paid for the erection thereof. > . said corporation of,the city of Savannah. tion^* ■ JOHN ABERCROIYJBIE,' § 3. And be it further enacted*-That when the said twenty- Member* i . Speaker of the House of Representatives, one persons, when so selected by the said corporation, shall - ALLEN B. POWELL, not be liable during their continuance as membersof the said tiaorjury " , / President of the Senate, engine company to the performance of ordinary militia duty, dulJr' Assented to, November 17th, 1824. ' or to jury duty. JOHN ABERCROMBIE, G. M. TROUP, Governor. Speaker of the House of Representatives. > ' ' / ALLEN B. POWELL, Wo. 1396;] AN ACT to amend the several Acts incorporating the President of the Senate. * ' town of St. Marf Si , Assented to, December 2d, 1824. Voters fbr^ Be it enacted by the Senate and House of Representatives council^0 of the State of Georgia, in General. Assembly met, land it is whenichai- hereby enacted bu the authority of the, same, That the first sec- ; ,T . ' ■< „ „ ' . , ' ~ SSt tion of an act, entitled An Act to athend an Act to incorpifate 'AN ACT to incorporate the town of Perry, m the County is.. »j 1 oath. the town of St. Mary's,.passed the tenth day of December, °J Houston, and to appoint Commissioners for the eighteen hundred and seven, be so far amended as to require same. , 1 7 ' the magistrates presiding at elections for membersbf council in Be it enacted by the Senate and House of Representa- Commii, • said town to administer the following oatlr id persons whose 'iives.oftHe- State if Georgia, in'.General .Assembly,met, votesmay be challenged,before such person be aljowedto vote: and it is Jierehy enacUd hy foe authoritfvf the same, That"" - " I, A. B. do swear, or affirm, I am twenty-one years of age„ james H. Kellen, James M- Walker,- Wilson Collins, Ed- * have paid all lawful taxes both State and corporation.taxes, war(f Wekhj and Alexander J. Robinson be, and they or a which have been required ,of me, have usnaUy resided for majority of them be,, and'they are hereby appointed tou,mis- ' . the la^t sixjnonths m the town of St. Mary s, antj am a citp. giojiers of the town of Perry, in the county of Houston ;, and a zen of the United States, and an inhabitant of this btatej? the ()r a majority of them, or their successors in offich, shall shall hare « ' §2' ^d be father enacted, rhat the third section,of have full.power and authority to,pass all by-laws;which may term of the ?n act, entitled Ap Aef to alter and amend an Act incorpo- be necessary for the government of the same,-and inflict or tew*.*6- wSu"ifr"tl"?the.^w"ttCfet-?I^ S,,paS3ed ll!etW?ltlet .'da)' 0fI?e" impose such fines, penalties, and forfeitures, and do such court m^.cember,eighteenhundre(landtwenty-three,bes6iaramer)ded otherincorpofateactsfasin theirjudgment^ballbe conducive S b, J» to entitle a party at the second term of the Intendant and t0 the gool| order and gover„ment of the Said town, and for the . jhry. Council Court to, demand^ trial by jury, on complying with prevention of vipe and immorality ; Provided, such by-laws Proviso. , HuS 'lie terms mentioned m said section and that the fourth sect afid reau|ations.be not repugnant'to the cdnstitntion and the judgments tion ffiereof be repealed,,so far as authorizes the said Iptendant kws of this State ; Provided also, that the punishment of Proviso:; urst term. and Gouncil Qoutt tG glve judgment at the first term of said skves sha], nol extend to the takin of Hf Iimb> or member. . court; and that the ninth seqtton of said act be also repealed;,, v 2 : And u {t farther enacted, That the said corporation Un,l,..f Kmen/a f ?' * U enact?d' /bat any party against shail extend one-half milp from the centre of said corpora- whom si judgment may be rendered in said Intendant and - . r ranon. 'df^rty en* wnom a. judgment may be rendered in said intendant and ti whieh centre shall Be the centre bf the public square in rniedto Council Court may enter good and sufficient security, either 00;j in,JTn , ' r > «lVe?ecu* i sa,« town' . . . L '. - . ... election of in open court win the clerk s office, within the time of four 53 M fa it farther enacted, That there shall be an am! Eof '• a/tefthe adjournment of said court, for the payment of el/ction for commissioners on the first. Saturday in January, ^1° jSja*-the J^gment and costs .within four months, which shall stay ei.hteen hundred and twenty-six, and op the first Saturday — Theirlik- execution for that time; and if suresa^ commissioners, together with ail the funds Court of °r and specialties in their control as commissioners as aforesaid, Coumy? and they are hereby vested in the Infeiior Court of Lau- rens county, and that thev have the same powers as hereto- fore vested in the said commissioners. Repealing § And be it further enacted by the authority aforesaid, clause. That all laws heretofore passed contrary to the true intent and meaning of this act be, and the same are hereby re- pealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 9th, 1824. G. M. TROUP, Governor. [No. moo.] AN ACT moire particularly to define the qualifications of Voters for Aldermen of the city of Savannah. Who enti- Be it enacted: by the General Assembly of the State of votefor Georgia, That from and. immediately after the passing of Aldermen. this act, it shall not be lawful for any person to vote for nah.lVan" aldermen of the city of Savannah, who has not been a resi- dent within the corporate limits of said city for the last three months preceding the time of holding the election for said officers, who has not made all returns to the treasurer of the corporation of the city of Savannah required by the ordinances of said corporation, and paid all taxes required on the same, and who is not a citizen of the United States, and an inhabitant of this State, and who has not attained the age of twenty-one years. Oath of;» § 2. And be it further enacted by the authority aforesaid, voters.' ' That the magistrates presiding at said election are hereby au- thorized and required to administer the following oath to per- sons whose votes may be challenged, before such persons be allowed to vote : I, A. B., do swear, or affirm (as the case , may be), that I am twenty-one years of age, that I have re- sided within the corporate limits of the city of Savannah . for the last three months, that I have made all returns to the treasurer of the corporation of the city of Savannah required by the ordinances of said corporation, and paid all taxes required on the same, that I am a citizen of the United States, and an inhabitant of this State. Repealing § 3. And be it further enacted by the authority aforesaid, clause. That all laws or parts of laws militating against this act be, and they are hereby repealed. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B, POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. (No. 1401.J AN ACT explanatory of an Act for laying out a Town em the Ocmulgee River, and for other purposes, passed the twenty-third day of December, eighteen hundred and twenty-two. I m m 2 fie it enacted by the Senate and House of Representatives Purchasers of the State of Georgia, in General Assembly met, and it is Ma'coVai- hereby enacted by the authority of the same, That all pur-'<|wed to chasers of lots in the town of Macon be allowed at any full amount time to pay into the treasury the full amount then due on such purchases ; and that it shall be the duty of the trea- r«uiavein- surer to deduct the interest on each instalment respectively ducted and thus paid, from the time at which such payment shall be a^rac„tive made, until it would have become due by the terms of his purchase; and such purchaser shall thereupon be entitled to a grant thereof, in the same manner as other purchasers are entitled thereto by virtue of the act aforesaid. JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 20th, 1824. G. M. TROUP, Governor. AN ACT to alter and amend an Act, entitled An Act to (No- 1402d incorporate the toum of Clinton, in the County of Jones, and for the appointment of Commissioners for the better regulation and government of said toum, passed the fourth day of December, one thousand eight hundred and sixteen. Be it enacted by the Senate and House of Representatives Provision of the State of Georgia, in General Assembly met, and it is e^cuon"0 hereby enacted by the authority of the same, That in the s,^cueIdf^k* event an election for commissioners for the said town ofcommis- Clinton shall not be regularly held on the day specified in the above-recited act in each and every year, that it shall Clinton at and may be lawful for any justice of the peace or justice of po^tedout. the Inferior Court to advertise an election for a board of commissioners for said town, giving at least ten days" notice of such election at the court-house door in said town where such election shall be held ; and the said election shall be conducted in the same manner as is prescribed in the before-recited act for the election of commissioners for the said town. § 2. And be it further enacted, That all laws militating Repealing against this act be, and the same are hereby repealed. clause' JOHN ABERCROMBIE, Speaker of the House of Representatives. ALLEN B.POWELL, President of the Senate. Absented to, December 15th, 1824. G. M. TROUP, Governor. AN ACT to make permanent the site of the Public [No. 1403.] Buildings in the County of Decatur, and to name the same, and to designate one or more additional sites in said County for holding Elections, and to punish those that may attempt to defeat the provisions of this Act, and to allow the, Clerk of the Superior Court to . keep his Office at his oum house. Be it enacted by the Senate and House of Representatives The site of of the State of Georgia, in General Assembly met, and it is {^M^gsiri hereby enacted by the authority of the same, That from and Decatur after the passing of this act, the present site of the public Bain-3 buildings in the county of Decatur be, and the same is brillge. hereby made permanent, and shall be called and known by the name of Bainbridge. • § 2. And be it further enacted by the authority aforesaid, Elections That the several elections for members of Congress, and countv to for Senate and House of Representatives in the State Le- be held at gislature, and for all county and State officers, so far as rfc- of^niam spects the county of Decatur, may, and shall be hereafter a°^at"ts£e held at the house of William Forsons, in the eighteenth dis- court- e trict, formerly Early, now Decatur county, and at the court-house" house of said county. § 3. And be it further enacted the authority aforesaid, 4G0 TOWNS—1825. Who may That one justice of the peace, or one justice of the Inferior for said county, ,in the place of James D. Prevatt and Jere- tewdwid Court, and two freeholders, may superintend elections at miah Johns, removed. " , elections. each place, after said freeholders have taken the following i ' IRBY HUDSON,' Their oath, oath : I do solemnly swear (or, affirm) that I will faithfully , Speaker of the House of Representatives, pro tem. « superintend this day's election, and make a just and true ALLEN B. POWELL, 4 return thereof, according to law, and the best of my abilities ; . _ President of the Senate, so help me God. Assented to, November 25th, 1824. Duty of the §4. And be it further enacted by the authority aforesaid, G. M. TROUP,, Governor tendelus at That the superintendents of said election districts shall, and, • :— said eiec- they are hereby required on, the day of the said election to AN ACT to be entitled An Act to authorize a further [No. 1405.] tl0ws' count out' the ballots by them taken in, and make a fair sale of Lots in the toum of .Macon. < statement of the polls: and one or more of the superin- Be it enactedfy the Senate and House of Representa- commis- ten&ents from the said election district shall meet one or fives of the Slate of Georgia, in General Assembly met, and ®,i°n£®of more of the superintendents at the court-house of said it is hereby enacted by the "authority of the same, That the of Mawn counjty on the next day after the election, and there compare commissioners appointed to lay out the town of Macon are*f0utg^med and add the two returns or votes together,., and certify to his hereby authorized and required, within three months from twenty-five excellency the Governor the person or persons so elected, and after the passage of .this act, to sell not exceeding agreeably to |he laws of this State now in force. twenty-five half-apre lots adjoining those already sold in said Penalty on , §5. And be it further enacted, That if any person should town of Macon; Provided, that the commissioners shall Proviso. ▼oSSot vote or.attemPt tc* vote at more than one of the election not be authorized or permitted to sell any lot or lots laid off attempting districts at the same election, or if ,any magistrate or superin- on the margin of the river Odmulgee.' ■ - , r £oVreVan tendent presiding at such election shall violate the,, trust §2. And be it further enacted, That the said -sales shall Sales as oneelec- confided to him by this act; such person or magistrate shall be advertised and, .conducted, and the moneys and bonds heretofore- trifet.ls be dedmed guilty of a high misdemeanor, arid' shall, on coh-. thereon accruing shall be accounted for as directed in the miid? viction thereof before the Superior Court of the said county1, act for la/ing ovut the, town of Macon, passed the twenty- rneanor in be fined in the sum oi fifty dollars, and be imprisoned' at the third of December, eighteen hundred and twenty-tWo. ' trate!138'8" discretion of the corirt for a term not exceeding ten days. . 1 . ' . DUNCAN G. CAMPBELL, 1 When, § 6. And be it further enacted,'-That'';when -any doubts- Speaker pro tem. of the House of Representatives. • shall be suggested as to'the propriety of any vote offered, itv - ALLEN B. POWELL,. superin-' shall be the duty of the superintendents to, administer, in N : * President of the Senate. SSJx addition to the oath prescribedby law, the foliowiri^' oath, Assented to, December 24th, 1825. • ' , -~r tioifau.'oath Y1Z" * s°lemnty swear (or affirm) that I have, not this ' G. M; TROUP, Governor, ion oa • ^ay voje(j a|. any election fot any Senator,'Representative, ■ *, ; .— - ■ . ' member of Congress, or county officer; so help me God. AN, ACT tp authorize the City Council of Augusta to [No. lk; Place of the §7. And be it furth&feriacted, That the place of sheriff , , negotiate d Loan. - ■■■'.< hi'^D^mty or b's deputy /may be supplied at such election by any la wful Be it enacted by the Senate and House of Representatives The City SiSS™ ,constable'. -that the said elections, in all other respects' of the State of Georgia, in General Assembly met, and it As ^u"cs«of Constable, than herein recited, be conducted in the same manner and „ hereby enacted by the authority of the same, That , the city authorized of on mn f 1 mo' qo ic ni AN ACTf aJg If Act, entitled M Attp makepermanent the seat of jus&e in the County of,. - remove the Court-house, or the site of the Public Buila- JJnson in the County of Waj/ne passed the tenth day BPeit<^aM ty-tkeSinatewid House of Representatives o—, of December, eighteen hundred and twenty-three. ^ of the-State of Georgia, in General Assemyhet, and U is SLa ah eiec- Be it enacted by the Senate and House of Representatives hereby enacted by the authority of the same, That Edward Wayne of the State of Georgia, in General Assembly met, and it is Hrillaway, Robert W. Collier, James Walker, sen., James nated ami be°heid at ^iere^y enacted by the authority of the same, That from and Cooper, and Joseph Rogers be, arid they are hereby ap- appoln the house after the passage of this act, all elections Yor members of pointed commissioners of said town, and shall continue in Robertson. tbe Legislature, members to represent the State in the Con- office until their successors are appointed and qualified ac- gress of the* United Sjates, justices of the Inferior Court, cording to the provisions of this act. clerks, sheriffs, receivers of tax returns, tax collectors, arid ' § 2. And be it further enacted* That on the first Mon- Commfe^ coroners, shall be held at the house of Wiley Robertson, in day in January, eighteen hundred and twenty-six, and on beannuaiiy the county of Wayne, until suitable buildings are erected at the first Monday in January in every year thereafter, all per- oXnar°f tbe county site 5 an^ tbe sessions of the Courts of Ordinary sons, inhabitants of said town, entitled to vote for members jmu of u* and'inffr-' and Inferior Courts shall be held at the same place ; also of the General Assembly, shall assemble at the court-house town' .and Mufs-9' reS^mer»tal and battalion musters. , in said town, and by ballot elect five commissioners, who teraatsarae § 2. And be it further enacted, That William H. Kean shall continue in office one year, and until their successors Certain an<* Jesse Lewis be, and are hereby appointed commissioners shall be elected and qualified ; at which election any two Conuuis- ». , TOWNS.—1825. 461 Who'shaii justices of the Inferior Court or any two justices of the SlidSe? peace of said county, not being themselves candidates, shall nous. presideand if it shall so happen that said election shall not take place on the day herein appointed, any one or more of the justices of the Inferior Court or justices of the peace for said county may afterward, by giving ten days' public notice, hold the same in the manner herein prescribed; and in case of the death or removal of any of the said com- missioners, the remaining commissioners shall have power to fill such vacancy until the next annual election. No com- § 3. And be it further enacted, That it shall not be lawful ""enter on for any of said commissioners so elected or appointed to enter on the duties of his office until they shall have taken and subscribed the following oath : " I, A. B., do solemnly swear (or affirm, as the case may be) that I will well and truly perform the duties of commissioner, by adopting such measures as shall in my judgment be best calculated to pro- mote the general good of the citizens of the town of Tho- maston. § 4. And be it further enacted, That the said commission- the duties of his of- fice until j lie has ta- ken an oath. The oath. by-laws, &c. Shall have to make" ers shall have full power and authority to make any by-laws, ordinances, or regulations, and power to enforce the same, that they may deem best calculated to promote the general good of the citizens of said town ; Provided always, that no such law, ordinance, or regulation shall be contrary to the constitution and laws of this State or of the United States, corporate § 5. And be it further enacted, That the said commis- • toextend°n si°ners shall have" jurisdiction within half a mile of the mUe'ialf court-house in all directions. Thomas- '§ 6. And be it further enacted, That the said town of daredto Thomaston shall be the seat of justice of the county of be the sent Upson. JOHN ABERCROMBIE, for Upson Speaker of the House of Representatives. County. • ALLEN B. POWELL, President of the Senate. Assented to^ June 11th, 1825. G. M. TROUP, Governor. AN ACT -to alter and amend An Act to incorporate the town of Perry, in the County of Houston, and to ap- point Commissioners for the same, passed November twenty-fifth, eighteen' hundred and twenty-four. Be 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 after the passing of this act, Phineas Oliver, Edward Welch, John More, Wilson Collins, and Benjamin Kent be, and they are hereby appointed commissioners of the said town of Perry, in the county of Houston, with the same power and authority as is given.in and by the before-recited act. § 2. And be it further enacted, That the corporation of the said town of Perry, after the passing of this act, shall ex- tend one-quarter of a mile from the public site in said town of Perry. § 3. And be it further enacted, That it" shall "and may be lawful for all the citizens residing within the said corpora- tion» to work on the roads and streets in said corporation and not elsewhere, dbring their residence therein; any law, usatre, or custom to the contrary notwithstanding. § 4. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. THOMAS W. MURRAY, Speaker of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 3d, 1825. G. M. TROUP, Governor. fives of the State of Georgia, in General Assembly met, That from and after this date, all the judicial powers vested in the intendant and council of the town of St. Mary's by any and all former acts incorporating be, and the same are hereby vested in the intendant of said town and his successors in office solely; Provided, that in case of the sickness of said intendant, or his absence from said town, that said judicial powers may be exercised by the members of council of said town or a majority of them. § 2. Be it further enacted, That from and after this date, the said intendapt, or, in his sickness or absence as aforesaid, the said council, shall not be compelled to draw a jury every term of the court held in.said town, but said intendant or said council (as the case may be) shall only be authorized and required to draw a jury or juries when in his or their opinion the situation of the causes on the docket of said court require it. § 3. Be it further enacted, That from and after this date, that the intendant and council of the town of St. Mary's, and their successors in office, shall have the sole power of appointing five commissioners of pilotage for the port and district of St. Mary's, and of removing all or any of said commissioners when the said intendant and council may think the interest of said port and district requires it. § 4. Be it further enacted, That from and after this date, the said intendant and council of said town shall have no power to.levy any poll-tax or taxes on slaves beyond the or- dinary taxes of the State. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24lh, 1825. G. M. TROUP, Governor. Judicial powers of the Intend- ant and Council of St. Mary's, vested in the Intend- ant and his successors. Proviso. To draw Juries only when-the situation of causes on the docket requires it. IntendfTnt and Coun- cil to have the sole power of appointing Commis- sioners of Pilotage. Notauthor- ized to levy a poll-tax on slaves., [No. 1408.] mmis- sioners of the town of Perry ap- pointed. Corpora- tion ex- tended. Citizens liable to work only on the roads and streets in the Corpo- ration. Repealing clause. AN ACT to authorize the Justices of the Inferior Court of Effingham County to act as Commissioners for the town of Springfield, in said County, and to make valid all titles made by them for lots sold in said, town. Be it enacted by the Senate and House of Representa- fives of the State of Georgia, in General Assembly met, That from and after the passage of this act, the justices of the Inferior Court of the county of Effingham for the time being, and their successors in office, shall be, and they are hereby appointed commissioners ofithe town of Springfield, in said county. § 2. And be it further enacted, That the commissioners aforesaid, or a majority of them, be, and they are hereby au- thorized to sell and dispose of the lots of said town in such manner as they may think best, and apply the money arising therefrom to county purposes. § 3. And be it further enacted, That all titles made by the justices or commissioners aforesaicj^for lots sold or to be sold by them shall be good to the purchaser. § 4. And be it further enacted, That the said justices, as commissioners aforesaid, shall have full power and authority to pass such by-laws and regulations for the government of said town as they may deem necessary, provided they shall not be repugnant to the laws and constitution of this State, or the constitution of the United States. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. [No. 1410.) The Infe- rior Court appointed Commis- sioners of the town of Springfield. Authorized to sell lots in said town. Their titles to be good. May pass by-laws, &c. [No. 1400.] AN ACT to amend the several Acts incorporating the AN ACT to repeal an Act, entitled An Act to remove the [No. 14114 town of St. Mary's. Court-house, or the site of the Public Buildings, in the Be it enacted by the Senate and House of Representa- County of Way ne, passed on the tenth day of December, 462 TOWNS—1825. eighteen hundred and twenty-three; and to repeal • Be it enacted by the Senate and House of Representa- The aca- an Act, entitled An Act to alter and amend an act, en- tives of the State of Georgia, That from and after the pas- (.j™'*ttatnd titled An Act to remove the Court-house on the site of sage of. this act, the lpt or parcel of land on which the Euipmon the Public Buildings in the County of Wayne, passed academies and church are situated be, and is hereby attached uuhe cor. the tenth day of December, eighteen hundred and to the corporation of the town of Eatonlon. . porauon. twenty-three, passed on the tweritu-fijth day of No- § ?• 6e farther enacted. That the commissioners Commi* vember, eighteen hundred and twenty-four ; and to pro- qf saiJ? town an^ their successors in o c®'*r?^ y vegi ^ vide for disposing of the Land a J Buildings, at the w,th P»wer (m their corporate capac,ty) to prol ibit and aa™ * u/1 Li L I » prevent the employment or use of said lot or parcel oi land 8land new site at Wiley hobertsons. ■ t burying-grhund. • Preamble. Whereas, the commissioners appointed under and. by. J & 65 DUNCAN G CAMPBET L £ T , ' virtue of tt.e acts above mentioned, or a majority of them, • Speaker>o tem. of the House of Representatives, have selected a site for the public buddings in the county . , - ALLEN B POWELL of Wayne, which is neither Central or convenient to the ' President of the Senate t majority of the.cuizens of said count*; for remedy whereof, AssentcdDecember 24thj , ?26. Repealed. Beit enacted by the Senate and House of Representa- G M TROUP Governor tives of the State of Georgia, in General Assembly met, t" ' , ' _ and it is hereby enactedby tlw authority of the same, That AN ACT nmend'anAct, entitled An Act to establish im. mi, the above-mentioned acts,1 of the Legislature,, passed ,on ■ t • -j j- o z. tbi tenth day of December, eighteen hundred 'and twenty- _ EngmeVompany in thealy of Savannah . three, and on the twenty-fifth, day of. November, eighteen »* Senate,and House of'lie,, resentatwes gyy hundred and twentv-four, .■■authorizing the .removal, of the Surt* °f Georgia, in General. Assembly met, and it is public buildings of Wayrie county, and appointing a place hete^ "f"* ['!"> °f.«*? - hat/°r ""SKS.* for holding elections, be, and the same aril,ereby repealed. 8"f"Br ^ ™d beftter of the city of Savan- The old ' § 2. And he it further enacted, Thai the couri-lipus'e and naht"' casfs,of fire' from.and f J*"** P^^SSSf P"hlic buildups of the.safd cpunty of Wayne shall beluchted of ,thls "<* «"* ,»f' f "J *** sha" har P°wer ■&«,„ . where, the court-house stood, near thb'Buflalo, immediately authority, and they are hereby empowered andI aulbor- .IS;." prior to the passing of the aforesaid acls, and 'all public fd t0. select, and appoint certain -individuals, •SJ. elections shall be hereafter there, held. ■ beln? ' !vlnte P6™™' not exceeding fourteen in nutn- ,. - §v 3. And be it further enacted, That the justices of the 5ber, ,n addition to and iorming a part of said bngiiie com- V&S. Inferior Court of thd county 6f Wayne,'or a1 majority of, PW i the, sa,d fourteen persons being liable to the perform- S'S' them, be, and.they are hereby authorized and required to enee of the same duties, and entitled-to, the same privileges •ttSJ proceed to sell and disppse of the land and buildings "A™?}6ed}n}he actunder the title above recited, -for the £SWr »oy) at the new site for a court-house for said county at or estabjishment of an engine company in the city or Savannah Win**. jle« the house of Wiley Robertson, after giving at least . § he U further enacted, That all daws or parts of ' thirty days' notice at, two.br more- public places in the >»sruihtating against this act be, and the same are hereby ggitu county, and to employ the proceeds of the sale to county , ^P® e * DUNCAN Q CAMPBELL ii.r.aiias V"fiSeAnd he it further enacted, That all l,ws and parts ' Speaker pro of the Hous'e bf Re^psenta'tives. , ' v President bf the Senate. , Assented to, December i24th, 1825, ^ ALLEN S' •PoVel'C'. V Gr ^ TROUP, Governor. * ' ' - , President of the Senate. ' ' ~, < Assented to, December 20th, 1825. ' V' . AN ACT to authorize certain Ccommissioners therein [No. his.] . . G. M. TROUP, Governor. named to establish a Lottepyfar the purposeof raising the sum of twelve thousand dollars, to be apj. of laws militating against this act be,, and the same are hereby repealed. DUNCAN G. CAMPBjELL, ' . Speaker pro tem. of the House,of Representatives tHo-itiajAN ACT. to give' to Master Carpenters and Master fthehuildmg ofa snmll Masonic Clmpel, « Court-. . . Masons a lien on buildings erected by them in the Jarl< and Aeademie purposes, at the town town.of De,catur and County of He Kalb. . 1 President of the Senate. Eatonton, Putnam County, and to vest the Commis- Assented to, December 20th, 1825. " sioners of said town with certain,powers, G. M. TROUP, Governor. TOWNS.—1825. 46^ [No. 1416.] AN ACT to extend the corporate limits of the town of Covington, in the County of Newton, over the twenty acres of land (adjoining said town) lately purchased for the use of the Academy in said County. Be it enacted by the Senate and House of Representa- tives 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 passage of this act the corporate jurisdic- tion of the commissioners of the town of Covington, in the county aforesaid, be, and the same is hereby extended over the twenty acres of land (adjoining said town) lately pur- chased for the use of the academy of said county. § 2. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 24th, 1825. G. M. TROUP, Governor. Corporate jurisdiction of the Com- missioners ol'ihe town ofCoving-j ton ex- . tended. Repealing [No. 1417.] Commis- sioners ap- pointed to superin- tend the building of anew Market- house. Where to be built. t j To be placed un der the control of , the City Council. , Any person c at liberty to I vend arti- ' cles, &c. I there. a ' A majority oft he Corn- missioners , authorized > to act. Repealing clause. AN ACT to authorize the establishment of a new Market- house in the city of Augusta. Whereas, from the great distance which separates a large number of the inhabitants of the city of Augusta from the present market in said city, great inconvenience arises not only to them but to the community at large, by adding to the expenses of living, preventing the increase of inhabitants, and thereby enhancing the profits of trade to the injury of all who frequent that growing city, it is deemed just and proper that a new market should be established therein ; Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That John C. Holcombe, H. G. Raiford, William Harper, Jesse Ansley, George W. Butler, Win. H. Egan, and John Garner be, and they are hereby appointed commissioners to superin- tend the erection, by voluntary subscription, of a new market- house, of such form and dimensions as they or a majority of them may deem advisable, in the city< of Augusta, in the centre of Broad-street immediately above or below its inter- section with Marbury-street; which said commissioners or a majority of them as aforesaid, or the citizens interested, may at any time hereafter enlarge, alter, or improve said market- house, if the city council of Augusta should consider it ex- pedient to enlarge, alter, or improve the same at the public expense. § 2: And be it further enacted„ That the said market- house when so erected shall be placed under the authority and control of the city council of Augusta, and be subject to such rules and regulations as may from time to time be prescribed by the said city counciLfor the government of the present market in said.city. § 3. And be it further enacted, That it shall and may be lawful for any person or persons to vend any article or arti- cles, thing or things, at the said new market when erected, as are now or may hereafter be lawfully vended at the pre- sent market-house in the said city. § 4. And be it further enacted, That in case of the death, removal, resignation of any one or more of the above-named commissioners, a majority of the others shall at all times be empowered to carry into effect the true intent and meaning of this act. § 5. And be it further enacted, That all laws and parts of laws militating against the provisions of this net be, and they are hereby repealed. DUNCAN G. CAMPBELL, Speaker pro tern, of the House of Representatives. ALLEN B. POWELL, President of the Senate. Assented to, December 21th, 1825. G. M. TROUP, Governor. AN ACT to incorporate the town of Knoxville, in the [No. i4i8.j County of Crawford. Be it enacted by the Senate and House of Representatives ^»nnnis-. of the State of Georgia, in General Assembly met, and it the town of is hereby enacted by the authority of the same, That from and after the passing of this act, that the following per- sons, viz. Thomas Harvey, John Vance, Frank Williamson, Jesse Stone, and Martin T. Ellis, be, and they are hereby appointed commissioners of the town of Knoxville, in the county aforesaid ; and they or a majority of them shall have Who may full power to convene at any time after the passage this "lerkand act, and proceed to the appointment of a clerk and such ^lr'ger offi- other officers as they may deem necessary to carry this act into execution. § 2. And be it further enacted, That the commissioners of Maymakai said town shall have power and authority to make any by- quiring the laws and regulations they may deem necessary, requiring the citizens of said town to return on oath to the officer ap- oath the pointed as aforesaid the amount of taxable property, both ^""taxa- real and personal, together with the amount of stock in trade We pr<>p«- i i • -i J • aild in by him or them possessed in said town, and in case of relu- case of sal, to cause the tax to be assessed and collected in such manner as they may prescribe. * collect th» § 3. And be it further enacted, That the commissioners j^uation shall not be authorized to lay a poll-tax of m-ore than one [)teh®n^ax dollar On each free white person within the incorporate limits posed, of said town, and they shall hot be authorized to tax any species of property except real estate, goods, wares, and merchandise, and slaves; the tax on real estate and mer- chandise not to exceed twenty-cents upon every hundred dollars' valuation, and the tax on slaves not to exceed twenty- five cents on each slave. ( § 4. And be it further enacted, That the said'eommis- Maytafc-aii sioners and their successors in office shall have full power h/bitions"" and authority to impose a tax on all shows, exhibitions, and showmen perfdrming in said town for the purpose of gain, tables, and also upon all gaming-tables and games of hazard as may be established, opened, or played in said town for the pur- pose of gain, and to collect and receive, the same in such manner as they may prescribe by the by-laws and regulations of said corporation : Provided, the tax hereby intended to Proviso, be imposed upon Shows, exhibitions, and showmen shall not exceed five dollars for each day's exhibition or performance ; and the tax intended to be imposed by this act upon gaming- tables and games of hazard, shall not exceed the sum of ten dollars for each day that the same shall be opened, esta- blished, or- played in said town ; Provided, that nothing Proviso, herein contained shall be construed to authorize the keeping of any such table or tables, or practising any such game not authorized by the laws of this State, within the corpo- ration. § 5. And be it further enacted, That in case any person Mode of or persons who may be liable to pay any tax to be imposed agau"fper- by any by-laws and regulations of said corporation, in pur- 6,»ls who suance of the authority of the same, then and in that case pay taxes the commissioners of skid town, or a majority of them, shall, tlIi§ and in relation to concerns purely municipal and so liable as aforesaid, the said commissioners, or a majority local; r of them, may proceed to impose a fine upon such citizen or. Be it therefore enacted by the Senate and House of Bepre- Jurisdic- citizens, or other person or persons, or, in case of slaves, sentatives of the State of Georgia, in General Assembly met, |J°"^ of upon the owner or owners of such slave or slaves, and to and it is, hereby enacted by the authority of the same, That collect such fine or fines in the manner prescribed in this from and after the passage of this act the jurisdictional limits extended Proviso, act; Provided, any such fine or fines to be imposed in virtue of the city of Savannalxand the hamlets thereof shall be ex- p'oi"^® of this section shall not exceed two dollars for each case of tended to one mile beyond the present boundary, so as to cultivation neglect or refusal.. * . .. j enable the mayor and aldermen'for the time being to pass an 0 nce" Power of ^ § 7. And be it further enacted, That the comrpissioners ordinance.or ordinances' prohibiting the cultivation of rice misdoners ofsaid town and their successors in ofljee shall have power within the aforesaid extended limits ; and if any person so Persons to ratrrid an(* authority to pass and qrdain any by-laws and regulations prohibited in the cultivation of rice within the limits of .the ^haveihe tp patro s. necessary to cause to , bp established and enforced a civil said city shall, fed himself aggrieved by the said prohibition, right of ap! patrol, either by day qr'by night, within ;the limits of said he shall have the privilege of appeal to a special jury before s^jdju7 ' town ; and in case of! neglect or,refusal in any citizen or the^Superior Court of Chatham county; and the point at issue ^for«^e inhabitant of said town to comply with the.by-lavvs and ,re- shall be, Is the cultivation of ripe in the place prohibited Courtof "gulations to be by the said commissioners ordained and esta- injurious to the health ^of ahy portion of 4he citizens or in- cSumy"1 blisbed upon"this subject, that the said -commissioners, or a habitants of Savannah ; and if it shallbe determined that majority of them, may proceed to fine such citizens or inha- the said cultivation iq,said prohibited place be not injurious bitants, and collect such1 fine as;is hereinbefore prescribed to the health of said citizens or inhabitants of said city, then Proviso. - for, the collection of taxes ; Provided, that the fines to be and ah that event the said prohibition shall be null and void, imposed in virtue of the power; derived under this act shall otherwise to re'maiil(in full.force arid vigour;! Provided,ne- Provjso, not exceed five dollars for each case of fefusaror neglect, verthelpss, that nothing herein contained shall authorize the Taxes and § 8. And be it further enacted, That thp commissioners shid mayor and aldermen to impose hny tax upon persons pr to be ap^ do, and they bre. hereby authorize^, to appropriate all itaxes, property, hi, the aforesaid extended limits. ' ' ; propriated. fines, and forfeitures imposed, assessed, and collected in ■, ;§ 2. And, be, it further enacted by the authority aforesaid, Mayor and virtue of any by-laws ,pr regulations adopted in pursuance. That the said mayor and.:aldermen shall have the control and of the authority'given Said commissioners by this act, to the regulation of all shop's, stores, or bar-ro'qms that are or here- repair and improvement of the public springs, square, and after may be' erected within the said extended limits. • t streets of said town, and to the preservation of the houses §3. And be it further enacted by iM authority aforesaid, ■ ■ of said town from fire, in such manner as they or a majority That the mode, manner, and'time for the.election of aldey- Mcde^&c. of them shall deem most conducive to the interest and safety .men, together with the qualification' of voters and candi- Aider-! "8 of the citizens thereof. ~'r • , ! . • dates, he "and remaih the same,as are now established by ^eann^ Removal . §9. And be it further enacted, That the sard commas- law. / • \ ' tionsTnd" sioners shall have p6 wer to remove or cause to be removed ' § 4. And be it further] enacted by the authority aforesaid, Torepiate .authorized an7 building, post, or .ste.p, or any, other obstructions and That the said aldermen.are hereby authorized to regulate the * ' nuisances in the public streets or Squarefof said town. \ time, mode, and manner of'electing the officers of council, May tax §10. And bet it further enacted, That it shall be lawful' t'oestablish their.feesor salaries, and prescribe their duties, their fees. spirituous0 f°r the said commissioners to impose a' tax on all persons § 5. And be it further enacted by the authority aforesaid, Theeiec-^ liquors. retailing spirituous liquors in the public square or streets of That the said, mayor and aldermen shall' have power to elect cerefoMhe Proviso, said townj Provided alxpays, that such tax shall not exceed a healjtjh officer being a physician, harbour-master, port-war- three dollars for'each year such person or persons'shall retail dens', commissioners of pilotage, and any other officer or vannahau- spirituous liquors^as aforesaid in less quantity than "one officers'which may be found necessary for the police and thonzed'- ' gallon. \ 1 good government of,the harbour and river of Savannah, and^ Limits of , §11. Arid be it further enacted, That the town shall'com- also to enact such ordinances, rules* and regulations as may 'ration!1*0" prehend within its limits all persons residing within the bound- be required to impose and carry into full force and effect the aries of the Square or lot pf land upon which the public duties which may be required of such officer. ' Quaiifica- buildings of the county are situated and that, no person § 6. Andbe it further enacted by the authority aforesaid, Mayor and Commas- \shall be elected a commissioner or an officer of said town That the said mayor and aldermen shall have power to carry tocany" sioners. who shall not reside within those limits. ' ' f into effect within the county of Chatham all the quarantine Repealing § 12. And be it further enacted by the authority aforesaid, laws which now are or may be hereafter enacted, arid also to laws, clause. That all laws or parts of laws militating against this act Ire, enforce all State laws committed* to their enforcement by . and the same are hereby repealed. • such ordinances, rules, and regulations as may be required DUNCAN G. CAMPBELL, and deemed .necessary ; Narid shall have full power to remove Removaiof Speaker pr'o tem. of the House'of Representatives, all nuisances within the limits of the. corporation. ^ nuisances. ' 1 , ALLEN B. POWELL, § 7. And be it further enacted by'the authority aforesaid, Their pow- President of the Senate. That the said mayor and aldermen, or a majority of them, ^"10^ Assented to, December 24th, 1825. are Hereby authorized to raise, by a poll-tax upon all pich G. M. TROUP, Governor, persons as reside within the corporate limits of Savannah upon real * J (except tHose as excepted as aforesaid), or by tax and as- IN.. 1119.] AN ACX entitled An Act to amend and consolidate the sess,"e"t T* a'' real. .,,uI Personal es'ate ?*hin 7 a * 7 'au 7. z. j • 1 s- s si porate limits as aforesaid, any sum or sums of monev neces- several Acts which have been passed in relation to the * fo- t|]e use and \ JUnment of the said city of powers and privileges of the Corporation of the city of Sat'annah and the ha ® leis t=hereof in aH matters of internal avannah and tlw hamlets thereof, and for the purposes p0]jce art{] general safety, as respects health, fires, city guard, erein mentioned. salaries of officers, and any other exigencies usual to incor- Preamble. Whereas, the various acts of the Legislature passed in re- porated cities ; and to enforce the receipts and collection towns.'—1825. 465 of such assessments and taxes [by the proper officers, in such manner as the assessments and taxes] of the State are col- lected and enforced. Maybor- § 8. And be it further enacted by the authority aforesaid, and pledge That the said mayor and aldermen, or a majority of therti, shall the funds of have the power and authority to borrow money or contract the corpo- , - , • 1 i /• it ration for loans ior the use of the city, both lrom bodies corporate or ljon.edet"*~ fr°m individuals, either residing in or out of the State, and to pledge the funds or property of the corporation of the city of Savannah and the hamlets thereof for the redemption of Purchase such loan or loans ; and also shaft have power'to purchase property. any real or personal estate for the use and benefit of the corporation, and sell and dispose of all or any part of the property, domain, land, or lots, or any personal property to the said corporation belonging or appertaining, by lease for years or fee-simple, as to the said mayor or aldermen, or a majority of them, shall seem meet and proper. May re- § 9. And be it further enacted by the authority aforesaid, croach-"* That the said mayor and aldermen or a majority of them shall mentson have power to remove all encroachments by wharves on the the river. i. , J river Savannah. Shall have §10. And be it further enacted by the authority aforesaid, of Justices That the mayor or any pne of the aldermen shall be vested "eaceto j Powers °f justice of the peace, so as to enable him suppress or any one of them, within the corporate limits of the city of «ots, &c. gavannah or the hamlets thereof, to suppress riots or breaches of the peace, arrest, confine, or bind over offenders against the laws of the State to answer for such offence before the proper tribunal. May pass §11. And be it further enacted by the authority aforesaid, by-laws, may0r and aldermen, or a majority of them, shall have power and authority to make such by-laws and regulations, and to inflict and impose such pains, penalties, and forfeitures for the violation of the same, as shall be con- ducive to the good order and government of the said city of exceed0110 Savannah and the hamlets thereof; Provided, nevertheless, $ioo. that no fine or forfeiture for one individual offence shall exceed one hundred dollars ; although the said mayor and aldermen, or a majority of them, may inflict and impose ' several and distinct fines or forfeitures, at the same meeting of council, for several and distinct offences. Fines, for- § 12. And be it further enacted by the authority aforesaid, anTpenai- That all fines, forfeitures, and penalties incurred and imposed ties how by virtue of the authority granted in this act to the said iected?°" mayor and aldermen shall be levied and collected [reco- vered] by warrant of distress and sale of the goods and chattels, if any to be found, otherwise of lands of such offenders, in manner and form as is now established by law ; and in case of neither lands, goods, or chattels being found, it shall then be lawful for the said mayor and aldermen, or a majority of them, by execution duly issued, to imprison such offender or offenders ill the common jail of Chatham county ; Proviso. Provided, nevertheless, that no imprisonment fehall exceed ten days and nights. Corpora- § 13. And be it further enacted by the authority aforesaid, have the That the corporation of the city of Savannah and hamlets sole go- thereof shall have the sole regulation and power of governing ofTamns, and directing taverns and granting licenses within its juris- &c' dictional limits, under such rules and regulations as from time to time may seem advisable. Authorized § 14. And be it further enacted by the'authority aforesaid, vendue-"1 That the said mayor and aldermen of the city of Savannah masters, are hereby authorized to appoint and license annually such number of vendue-masters for said city as they in their dis- cretion may think proper, such vendue-master first paying to the said corporation the sum required by law. Empower- § 15. And be it further enacted by the authority aforesaid, literfwid Tiiat the said may°r and aldermen are hereby empowered othervend- to tax and regulate the conduct of pedlers within the juris- good^&c. dictional limits of the corporation of Savannah, and to tax all and every person or persons vending any goods, wares, or merchandise in the citv of Savannah or hamlets thereof; Nn n Provided, nevertheless, that any license granted to a pedler Proviso, by the said corporation, shall supersede the necessity of a county license within the city of Savannah and the hamlets thereof. § 16. And be it further enacted by the authority aforesaid, May ap- That the said mayor and aldermen shall have power to pass gp""^ ordinances for the admeasurement and inspection of wood Measurers, and lumber, and in inspection of all articles of merchandise and 6au-' and produce sold within the limits of the city of Savannah Ber8, and the hamlets thereof, to appoint inspectors, measurers, weighers, and gaugers for the purposes of carrying into effect all such ordinances as may be passed by virtue of the authority hereby granted, to fix the fees of the same, and And fix' prescribe their duties in [such manner] as may be con-their■ vious to their entering on the duties assigned them,' viz. " G. M. TRQUP, Governor. The oath. I, A. B., do solemnly swear, or affirm (as the case may be), —iJ that I will, to the utmost of my power and ability, support, AN ACT to authorize and direct a further sale of Lots [No. mj advance, and defend the good order, peace, and welfare of {n fa town 0f Macon, and to enlarge the Common of the town of Zebulon, as commissioner of the town; so sa,\d town, ' ' . help me God. ' _t , ' ,, t Be it enacted by the Senate and House of Representatives Commis- n^nowpr 6" , 6farther enacted.• That the commissioners 0ffa State of Georgia, in General Assembly met, and it is theTownof of Justices aforesaid and their successors in office shall have full power hereby enacted hy the authority of the same, That the com- Mac°n Peace in a?d au.thonty' *hen in convention, to exercise the. power missioners appointed to lay out the town of Macon are&fuftrt]r certain of justices of the peace, so far as relates to the keeping of herebv directed, within' three months from the date of this eases. good order and fining for contempt; and further, that they actj t'Q expose to blic gale forty lot^ih the.said town, blTawT ^aSiS S-Ucb by*laws an<1 regulations fpr the improvement und8r the same regulations as heretofore prescribed for the &c and rePair of the streets and roads within, thermits of said sale of ]ots in that town, first giving thirty days' notice When the- corporation, for the preservation of good order, and all other -thereof in one of thd gazettes in. the cities of Augusta and^ad! corporate acts which may be necessary for the comfort and^ Savannah, and in the towns of Mitledgeville and. Macon. ™tisethat lf said election should, from accident or any from said town . and the said lots when so laid out shall be And ex- election other cause, not be held on the day pointed out in this act, by ^be sajd comfnissioners exposed to public sale; at the same lake place | sa'd commissioners whose time may have expired may^ tjme and jn the same manner as aforesaid in respect to the sale- nle£iEde 7 glVlng ten days'' notice by public advertlseme.nt a*tbree lots mentioned in the first section of this act. p ' or more public places in said town, have an election holden v ' IRBY HUDSON for commissioners iri the manner hereinbefore pointed out. Speaker of the House of Representatives. . Limits of § 7. And be it further enacted, That the said incorpo- THOMAS STOCKS ration.rp°~ ration shall extend to and include all that tract of land ori- President of the Senate, ginally purchased by the commissioners of Pike county for Assented to, December 26th, 1826. , the site of public buildings. . ' G. M. TROUP, Governor. Vacancies §8. Andbe it further enacted, That the commissioners ; , 1 how fined. aforesaid shall have fuU power tQ cause. a]l vacancies occa- AN ACT to preserve the ' Timber in the vicinity of the [No. i4ss.} sioned by death, resignation, or otherwise of commissioners, toirn of Macon, for the preservation of the health of filled by elect.on, first giv.ng ten days' notice of satd va-. ^ In}uMtanU thereof cancy ; and such-election to be superintended in the manner . ' ^ . and form pointed out by tbis &ct. \ f it enactedby the Senate ynd House ofRepresena wes limits vest- THOMAS W MTTRR AY of the State of Georgia, in General Assembly met, and it is edinthe : Speaker of the House of Representa'tives.,' hereby enacted by tbe authority of the same, That for the ALLLN B POWELL purpose of preserving the standing timber immediately ofMacon. President of the Senate, below the improted part of the town of Maeon, for the pre- Assented to, November 25th, 1825. ' serration of the health of the inhahttantsi of said town, all G. M. TROUP Governor. tbe Knd wltb,n tbe town P^at below.Seventb-street, together ' ' with a space of six hundred yards below and a space of m . three hundred yards on the south-western or outer side [No. imj A1NAC1 to authorize certain Commissioners to sell and thereof, is hereby vested in the corporate authority of said dispose of the Lumber and site for the new Court- town for the time being; Provided, that if the said corpo- Proviso.. house at Wiley Robson,s, in Wayne County, rate authority shall sell* lease, or in. any way alien and. en- TOWNS.—1826. 467 cumber the said land, or any part thereof, or shall offer the same in any manner or for any purpose to be inhabited, the land or portions of land so aliened, encumbered, or inha- Proviso, bited, shall thenceforward revest in the State ; and 'provided also, that nothing in this act contained shall prevent the State from resuming the said land, if in the opinion of any future Legislature the public good should require such re- sumption. Penalty on A 2. And be it further enacted, That if any person shall persons for ? , i mi i n v , i r killing and cut down or kill, or shall direct or cause to be cut down or down8 killed any tree of more than two inches diameter at two feet trees. from the ground, other than pine trees, on1 any of the land within the town plat of the said town below Seventh-street, and within a space of six hundred yards below and three hundred yards on the south-western or outer side thereof, such person shall be liable to indictment, and on conviction shall be held guilty of malicious mischief, and shall be pu- nished at the discretion of the court by confinement in the common jail of the county, and by fine payable to the cor- ^oration of Macon. Slavesguii- § 3. And be it further enacted, That [if] any slave or the owner any person in the employment of others shall violate this player iia- act' ^ s*ia^ Presump6ve evidence of the same being done hie there- by direction of the owner or employer ; Provided, that np Proviso, person shall be punished on such presumptive evidence alone, otherwise than by fine ; but if it shall satisfactorily appear that such offence was not committed by the direction or assent of such owner or employer, then the person actually committing the offence shall be liable, if a white person, to trial and punishment as provided by this act, and if a person of colour, to such punishment as the ordinances of the said town may have imposed ; but nothing in this act shall prohibit the exercise by the Inferior Court of their or- dinary and legal jurisdiction in laying out and opening or altering necessary roads, or shall restrict the saia corpora- tion or any legal authority from digging any necessary drains or canals,- or shall be held to restrain or abridge in other respects than herein mentioned the authority of the agent for the time being of the public reserve. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. [No. 1423.] AN ACT to incorporate the town of Crawfordsville, in Taliaferro County. Commis- Be it enacted by the Senate and House of Representatives thetownof °f the State °f Georgia, in General Assembly met, and it is Crawfords- hereby enacted by the authority of the same, That from and pointed after the passing of this act, that the following persons, viz. Hermon Mercer, Thomas Chastin, Wilie Womack, Sher- wood Towns, William Little, John Murphy, and John W. Jordan, be, and they are hereby appointed commissioners of the town of Crawfordsville, in the county aforesaid; and M?yap- they, or a majority of them, shall have full power to convene cierk,a&c. at any time after the passage of this act, and proceed to the appointment of a clerk and such other officers as they may deem necessary to carry this act into execution. Maypass § 2. And be it further enacted, That the said commis- bylaws, sioners shall have full power and authority to pass all by- laws and regulations which may be deemed necessary for the improvement and repairing the streets and internal police Proviso, of said town; Provided, nevertheless, that such by-laws, rules, and regulations shall not be repugnant to the consti- tution of the United States and the constitution and laws of this State. Their ju- § 3. And be it further enacted, That the said commis- rudiction. sjoners and their successors in office shall have corporate N n n 2 jurisdiction to the extent of the corporate limits ; and that the said commissioners shall continue in office until the se- continu- cond Tuesday in January, one thousand eight hundred and office!" twenty-eight, on which day, and on the second Tuesday in January in each and every year thereafter, all free male Election of white citizens of the said town who are entitled to vote for SoneTsT members of the General Assembly, shall assemble at the court-house of said county, and by ballot elect five commis- sioners, who shall continue in office one year; at which elec- who to tion any two justices of the Inferior Court or justices of the unseat, peace may preside ; Provided, nothing herein contained shall Commis- be so construed as to make any of the commissioners afore- eligible.1 said ineligible to a re-election. § 4. And be it further enacted, That when any vacancy vacancies in the commissioners of said corporation shall happen by how filled' resignation or otherwise, the commissioners in office shall appoint some other person within the limits of said corpo- ration to fill such vacancy, and the person appointed shall continue in office the same length of time his predecessor would have done had no such vacancy taken place. § 5. And be it further enacted, That the said commission- May tax ers and their successors in office shall have full power and hibmon^" authority to impose a tax on all shows, exhibitions, and show- showmen, men performing in said town for the sake-of gain, and also upon rant tra-*~. itinerant traders, and to collect and receive the same in such ders- manner as they may prescribe by the by-laws and regulations of said corporation, provided the tax hereby intended to be Proviso, imposed on shows, showmen, and itinerant traders shall not exceed five dollars for each day. § 6. And be it further enacted, That the commissioners Taxes to be shall not be authorized to lay a poll-tax of more than one 1,mrted* dollar on each free white person within the corporate limits o{ said town, and they shall not be authorized to tax any species of property except real -estate, goods, wares, ana merchandise, and slaves ; the tax on real estate and mer- chandise not to exceed twenty cents on every hundred dol- lars' valuation, and the tax on slaves not to exceed twenty- five cents on each slave. § 7. And be it further enacted, That in case any person Proceed- or persons who may be liable to pay any tax to be im- JJ^|onsinst posed by any by-laws and regulations of said corporation, who refuse in pursuance of the authority of the same, shall refuse to mxPfm-any pay the same, then and in that case the commissioners of Pos«din said town, or a majority of them, shall, and they are hereby of this Act. fully authorized to issue their warrant directed to any officer to be by them appointed, requiring him to levy and sell of the goods and chattels of the person or persons so refusing, to make the amount of tax so imposed ; and said officer shall receive such fees as a compensation as are by law allowed to justices of the peace and constables in similar cases ; Pro- Proviso. vided, that all sales to be made by virtue of such warrants shall be advertised at least ten days at the court-house door in said town. § 8. And be it further enacted, That the commissioners Power of of said town and their successors in office shall have power mfssim^'rs and authority to pass and ordain any by-laws and regulations j)nJre0g1grdta necessary to cause to be established and enforced a civil patrol, either by day or by night, within the limits of said town ; and in case of neglect or refusal in any citizen or inhabitant of said town to comply with the by-laws and re- gulations passed and made on this subject, that the said commissioners, or a majority of them, may proceed to fine such citizens or inhabitants, and collect such fine as is here- inbefore prescribed for the collection of taxes ; Provided, Proviso, that the fines to be imposed in virtue of the power derived under this act shall not exceed five dollars for each case of neglect or refusal. § 9. And be it further enacted, That the commissioners Appro- do, and they are hereby authorized to appropriate all taxes, ?hTfines° fines, and forfeitures imposed, assessed, and collected in vir- and tax«^ tue of any by-laws or regulations adopted in pursuance of 468 TOWNS.—1826. the authority given said commissioners by this act, to the fore-recited ,act as militates against the provisions of this repair arid improvement of the public springs, pumps, square, act be^ and the same is hereby repealed, and streets of said town, in such manner as they or a ma- IRBY HUDSON, jority of them shall deem most conducive to the interest and ■ Speaker of the House of Representatives, safety of the citizens thereof. THOMAS STOCKS, Authorized § 10. And be it further enacted, That it shall be lawful for 1 President of the Senate. a°taxon9re- the said commissioners to impose a tax on all persons retail- Assented to, December 26th, 1826. • tatters. jng spirituous liquors in the public square or streets of said , G. M. TROUP, Governor. Proviso, town \ Provided always, that such tax shall hot exceed three < dollars for each year such person or persons shall retail AN ACT to make permanent the site of the Public [No. 1425.j spirituous liquors as aforesaid in less quantity than one Buildings fit Thomasville, in the County of Thomas, gallon. ' , and to name said Village; and to authorize the Justices hmiurate § ll* And be it further enacted, That the town shall com- of the Inferior Court to lay off Militia Districts; and prehend within its limits "all persons residing within half- establish the time of holding the Inferior Courts of mile's distance from the court-house of said town ; and that said County. r,- no person shall be elected a commissioner or an*.officer of ' . . ■ . . , . ' , . r„ . f ^ .... Whereas, the commissioners appointed for the county of Preamble, said town who shall not reside within said limits. v 'an. . r.t rX, 1 * 1,1 j £ a it, u j n-'hot 0„0i,„ Thomas, pursuant to an act of the General Assembly passed commis- 6 12. And be %t further enacted, that each,and every , ' f ,. , , . . , , i r, . * gK» .commissioner, before they proceed to the performance of he VT ? ''•!, of-December, eighteen hundred and ■ their duties, do lake an oath befprc a justice of the Inferior twen y-five, did fix on the. site of the public build,ngh in sai4 Court or justice of the peace well and truly to phrform their coun.?' and did.purchase for county purposes lo of land ' duties to the best of their abilities. , number thirty-nine in the thirteenth district, originally Irwin, Fepeaiing § 13. And be it further enacted, Thai all laws or, parts novL lhomas 9°"nty ? , • of laws militating against this act be, and the same are hereby d enacted by the Senate and House of Representatives £»* reDealed , ' . of the State of Georgia, in General Assembly met, and it is c0^°jg. * fRBY HUDSON hereby, enacted by the authority of the same, That the pro- sionersa* • . - Speaker Of the House of Representa'tives. endings of the com&lissioners, so far,as respects the pur- '• ' THOMAS STOCKS chase of said lot of land for the public site, is hereby con- ' l- 1 p -i f n ,/ ' firmed and made valid in laW. \ '1 ' Assented to December 27th 1826 7" 6 'G ^ § 2* And b$ H further enacted by the authority aforesaid, court- Assented to, December 27th, IM6.^ That the courthouse and jail of said county of Thorny be,J~< . ' - and is hereby made permanent at a place now known and permanent ^ ... 1 .. . .. . ... . at Thomas- ~ ■ « called'by the name of Thomasville, and shall be called and yiiie. [No. 1424.] AN ACT to alter and amend an Act, entitled An ^Act known by that name. _ to amend and consolidate the several Acts for the better * § 3\ it further enacted by the authority aforesaid, The Me- regulation of the town of Milledgepilk, passed the lhat ^juii'ices of the Inferior Court of the county of Tho- nineteenth ■ day of December, eighteen huidred and maf'or a ""J0"'? ofJlhefm' be'and tbe? ar? bereb>' a"fho™ed MX ei hteen ■ . v and empowered, out of any land heretofore purchased forf0ranAca- ° » * / < ' . county purposes and not otherwise disp'osed of, to convey to ne .acr®in the south-western division, ward number three ; and the ized, and empowered to^convey in fee-simple to each and toe3re- south-eastern division, ward number four. ' evei*y religious society or association of this State, out of M* inteiidant § 2. And be it further ehactedby the authority aforesaid, the land acquired for county purposes and not otherwise missioners That the IntendantaridCommissioners of said town shall be disposed of, a quantity of land not exceeding ofie acre to to make as- vested with full power and authority to make such assessments each society, in such part of said land as the Said justices or on property on all property both real and personal, within the tract of a majority of them may think proper, for the purpose of thesame.Ct territory originally laid out for said town and common, as erecting buildings thereon for public worship Provided, Proviso, shall appear to .them expedient and proper, and to collect that the said land shall revert to the county if the same be the same in such manner as they may prescribe by the byr hot improved Within one year from the time of selection and Proviso.; laws and ordinances of said corporation-; Provided, that no- conveyance... _ - thing herein contained shall authorize the said intendant and § 5. And be it further enacted by the authority aforesaid+ To layoff commissioners to make any by-tews or ordinances repug- That the justices of the Inferior Court of the county of Tho-"jn,0oun* naht to' the laws and constitution of this State or of the mas, or a majority of them, be,'and they are hereby author- United . States. ized and required to lay off the said, county of Thomas into districts, incases of § 3^ And be itfurther,enact,ed, That in all cases where a as many militia captains' districts as'in their discretion may toTaxan dispute shall arise between said intendant and commissioners be proper; and whenever said districts may be laid off and the'matter a any Person taxe(^ by by-laws of said town, touching defined the justices of the peace of the justices of the In- tobede- the amount of tax laid on the valuation of any property^ that ferior Court, or any two of them, shall advertise and super- Election of referees matter shall be decided by referees, one to be chosen by intend the election in each fcaptain's district for two justices pmo^ the commissioners and one by the party complaining ; and of the peace, giving fifteen days' notice thereof at the most therein.. if said referees cannot agree, they may call to their assist- public place in said districts; who shall be commissioned by ance any xither person, whose decision shall be conclusive the Governor to continue in office until the election for-jus- . between the parlies. tices of the peace throughout the State, unless their office § 4. And be it further enacted, That so much of the be- may sooner become vkcant bv law. TOWNS.—1826. 469 Said Jus- § 6. And be it further enacted by the authority aforesaid, wtise the That it shall be the duty of the justices of the peace, after they Captain°f *iave been commissioned as aforesaid, to advertise in and subai- their respective districts for the election of captain and sub- cer".°ffi altern officers as required by the militia laws in force in this State; the said elections to be superintended and certified agreeable to the provisions of said militia laws of this State, inferior § 7. And he it further enacted by the authority aforesaid, when held. That the time of holding the Inferior Courts in the county of Thomas shall be on the first Monday of January and July. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the.Senate, Assented to, Deoember 22d, 1826. G, M. TROUP, Governor. [No. 1426.] AN ACT to make permanent the site of the Public Buildings in the County of Early, and to name the same. At'and to" Be it enacted by the Senate and House of Representatives makely^* °f ^ie State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act the present site of the pub- lie buildings in the county of Early be, and the same is hereby made permanent, and shall be called and known by the name of Blakely. IRBY HUDSON, 1 Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 27th, 1826. G. M. TROUP, Governor. [No. 1427.] AN ACT to amend the several Acts incorporating the town of St. Mary's. intendant Be it enacted by the Senate and House of Representatives ineni'ber of °f the State of Georgia, in General Assembly met, That from Council to the passage of this act, the intendant of said town or any tachraents member of council shall have power to issue writs of attach- notaoverUm ment> returnable to the intendant's court for said town, for $ioo.] any sum not exceeding one hundred dollars, in all cases where attachments can issue returnable to the Superior or Inferior Courts, under the like rules and regulations as to the number of return days, and all other things now existing in issuing attachments returnable to the said Superior.or In- ferior Courts. Time of § 2. And be it further enacted, That the proceedings on the return, attachments returned to the intendant's court shall be the same as now exist an the Superior and Inferior Courts. To have § 3. Be it further enacted, That the said intendant's court in'contraet have jurisdiction over all civil actions not involving °r tort. the right to real estate, whether founded in contract or tort; Proviso. Provided, the damages awarded do not exceed pne hundred dollars. . When in- § 5. Be it further enacted, That whenever the intendant interested °^*sa*^ t°wn is interested in the issue of a cause depending a majority in the intendant's court, a majority as to of the mem- 'o preside' bers of,council of said town shall preside &nd adjudicate on ' the same. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 26th, 1826. G. M. TROUP, Governor. INo. 1428.] AN ACT* to alter and amend an Act, entitled An Act for appointing Commissioners for ascertaining the boundaries of the towns and commons of Brunswick * See Act No. 1454, amendatory. and Frederica, in the County of Glynn,passed Febru- ary the twenty-first, seventeen hundred and ninety-six. Be it enacted by the Senate and House of Representa- commig- tives of the State of Georgia, in General Assembly met, and it pojSfo^ is hereby enacted by the authority of the same, That Robert the town of Hazlehurst, James H. Couper, Charles C. Cooper, John fndFrede^ Harris, Henry Dubignon, Samuel Wright, and Daniel Blue, rica-10 Ia* i i i i i • ■ .. * ou* »runs- sen.be, and they are hereby appointed commissioners for wick, open the towns of Brunswick and Frederica, and they or a ma- &c.StreetS' jority of them shall have power to lay out, or cause to be 'laid out, the town of Brunswick aforesaid, as nearly as pos- sible to the original plan thereof, and cause the streets of the same to be opened, and the lots plainly marked or staked off; and shall also cause the commons of said town to be Resurvey 1 resurveyed, and an accurate map thereof, together with a plan of the said town, returned to the "surveyor general's return a office in twelve months after the passing of this act, there to "eyort0Geur" be recorded. ^raPs § 2. And be it further enacted, That the above-named To carry seven commissioners for the town and commons of Bruns- {^law^f wick be, and they are hereby authorized and required to carry into full effect all the provisions and intention of the law of seventeen hundred and ninety-six, so far as relates to the towns an.d commons of Brunswick and Frederica. § 3. And be it further enacted, That in case any one or Vacancies more of the above-named commissioners should die, or re- howfil!ed- fuse to act, such vacancy shall be filled by a majority of the remaining commissioners. § 4. And be it further enacted, That all laws heretofore Repealing passed appointing for the towns and commons of Bruns- cause" wick and Frederica, or militating against the law of seven- teen hundred and ninety-six in its provision and intention, be, and the same are hereby repealed ; Provided, that Proviso, nothing herein contained shall be so construed as to author- ize [or] allow the said commissioners to encroach upon the property of the State adjacent to the town, as formerly sur- veyed or laid out. IRBY HUDSON, Speaker of the House of Representatives. THOxWAS STOCKS, J>resident of the Senate. Assented to, November 30th, 1826. G. M. TROUP, Governor. AN ACT to repeal an Act, entitled An Act to regulate fNo. 1429.} the town of Lexington, passed on the twenty-fourth of November, eighteen hundred and six, and other Acts amendatory of and concerning the same. Be it enacted by the Senate and House of Representatives Repealed. 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 said act, passed' on the twenty-fourth of November eighteen hundred and six, to regulate the town of Lexington, and all other acts amend- atory of or concerning the same, be, and the same are hereby repealed. • § 2. And be it further enacted, That all laws or parts of Repealing laws militating with this act be, and the same are hereby clause- repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 23d, 1826. G. M. TROUP, Governor. AN ACT to amend an Act appointing Vendue-mas- [No. 1430.3 tersfor the city of Augusta, passed the twenty-first of December, eighteen hundred and nineteen. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is 470 TOWNS 1826. dl'ofAu"" hereby enacted^ by the authority of the same, That from and signers as aforesaid, the citizens who are by this act entitled TobehWe. Justaau-" after the passing of this act, it may be lawful for the city to vote shall also be entitled to vote for a marshal and *+ ?pp3m 10 council of Augusta to appoint and qualify as many vendue- clerk. masters or auctioneers as to them may seem most advanta- § 9.'Bo it further enacted, That the marshal and clerk orTu" geous to the city and State, by their paying commissions shall receive such compensation for their services as the lioneers. and giving bonds as heretofore; any law to the contrary commissioners may in their discretion think proper, to be notwithstanding. - paid out of the funds arising from the provisions of this act. IRBY HUDSON, . § 10. Be it further enacted, That all nett proceeds arising Proceed, Speaker of the House of Representatives, from the benefit of this act shall be appropriated to the use under this- Act liow THOMAS STOCKS. of keeping the streets of said town in repair, and all other President of the Senate, objects of public notoriety, within said corporate limits. Assented to, December 20th, 1826. . § 11. Be it further enacted, That in case a vacancy vacancy0r ^ G. M. TROUP, Governor, should opcur in the office of marshal or clerk, the, commis- ' sioners shall have authority to appoint others to fill such how fined, [no. I43i.] aqt t0 make permanent the site of Jackson, in vacancy until the next election pointed out by this act. Butts County, and to incorporate the same; also to § 12. Be it further enacted, That in case of failure to Provision ■ authorize the Justices of the Inferior Court of said hold the election for commissioners, marshal, and clerk on eieS 2° County to select a lot in said town of Jackson for the the day hereinbefore specified, it shall be the duty of the building of a Church for the Methodist Society, one Inferior Court t0 Sive at least ten days' no.tice by advertise- edouL for the Presbyterian Society, and one for the Baptist ment at .tbree or mor1e °f tbe 1X1081 Pubbc places in said Society; also to select a suitable Burying-ground for corporation pf such election. ... ' , T . the Public J ,§ 13. Be it further enacted, That the justices of the Infe- Theinfe- >»*«. Be it enacted iy the Senate and Home of Bfpre- ™r ^ of saiJ T"'7 °! ?„* ?f "'?m' fSSS is sentatwes of the State of .Georgia, in General Jackson, met, and it is Jiereby enacted by the authority of the same, a lot in said town,of Jackson, and convey fee-simple titles gious soci- &c. Corporate limits. san vo vo tvis* viiuvivu* uu luc uuinui uu vi lug sume* . .i < . . l a l , That from and after the passing of this act the place se- ? .^e commissioners_that are, 01• hereafter may be ap-< lected by the Inferior Court of said county for a public site, P0,nt®d' 1. eround' - and known by thp name of Jackson, be, and the same' is Speaker of the House of Representatives, hereby made permanent. . , THOMAS STOCKS, Commis- § 2. Be it further enacted, That Samuel Lovejoy, Edward a , a ♦ n u ioocI11 Senate. SST- Butler, William V. Burney John Robinson, and. Henry Assented to, December 26th, 1826 ■ Hatley be, and they are hereby appointed commissioners of . ' , ' G' M* TROUP» Governor- • May pass said town of Jackson ; and they and their successors in office - i • -y"iWS' ' are' hereby fully authorized and empowered to ]>a$s all by- AN ACT to lay out a trading Town, and to dispose of [No. 1432.] lawsvand make such regulations not repugnant to the laws Lands reserved for the use of the State near and constitution of this State fo* the government of .said the Coweta Falls on the Chattahoochee River, and to, town, which in their judgment may appear most conducive name the same. . , , to the public interest and good order of the community. Be it enacted by the Senate and House of Represent- The Go § 3. Be it further enacted, That the corporate limits of atives of the State of Georgia, in General Assembly met, and id town shall extend over all the land which was pur- it is'hereby enacted by the authority of the same, That his chased by the Inferior Court for the benefit of said county, excellency the Governor shall, immediately after the pas- selectable Comni°is-0f § e ^ further enacted, That the commissioners sage of this act, appoint five commissioners to select the lay sioners an- hereinbefore mentioned shall hold their appointments until most eligible site, and cause to be laid out and distinctly town, nuany. the first day of January, eighteen hundred and twenty-eight, marked on the reserve aforesaid a town, upon such plan as • at which time there shall be an election held in said town they may devise and approve, having special regard to the for commissioners, and on the first day of January annually future commercial prosperity of said town and the health QuaMca- thereafter; and no person shall 'be eligible to that appoint- of its inhabitants. • . " s Commis- ment except ho, or' they shall reside within the corporate §2. And be it further enacted, That said commissioners, The plan, sioners. limits of said town. , ' in the!'execution of the-duties, by this' act assigned them, suuationof Qualifies- § 5, Be it further, enacted, That no person shall be en- shall lay out a square or an oblong sqqarefronting the Chat-town voters. titled to vote for commissioners as aforesaid, except those tahoochee river of twelve hundred acres, as a reservation monsof who live within said corporate limits and are entitled by law for the common and town,of Columbus, within which square to vote for members of the Legislature. they shall lay out not less than five hundred building lots of prescribed, sections §,6. Be it further enacted, That all elections for com- half an acre each, with an appropriate number of streets, ■ndwu^fo niissioners, marshal, and clerk, shall be held at the court- alleys, and a suitable number of reserved squares for public preside. house in said county under the superintendence of . three of buildings, &C. : secondly, one square within the town and Tenacre^ the freeholders resident as aforesaid. 1 ' common reserve of ten acres shall be laid out and appro- t{,ee ° Vacates § 7. Be it further enacted, That in case any vacancy priated to and for the use of the county of Muscogee, as a filled.10 be should occur by death, resignation, removal, or otherwise, site for their public buildings-, with the privilege of selling for their of any of the commissioners that are appointed^ or may so much of the said ten acres as the commissioners of the hereafter he elected; it shall be the duty of the commis- court-house and jail of said county may deem proper to aid sioners to give at least ten days' notice by advertisement at them in building a court-house and jail; but in the event of asiheir three of the most public places within said corporation for the commissioners of the court-house and jail selecting some Public sile* an election to fill said vacancy or vacancies. other site than the town of Columbus for their public build- •toners'8" ^ it further enacted, That the commissioners herein- ings, then and in that case the aforesaid lot of ten acrea now iri before appointed he, and they are hereby vested with full shall revert to and become again vested in the State: and point a°ap" Power and authority to appoint a marshal and clerk for the thirdly, the said commissioners shall cause to be laid out MdScaerk. ^me aXld that at all annual elections for commis- and distinctly marked two ranees of lots adioinine on the and oni TOWNS.—1S27. 471 hundred south, north, and east of the lot or square reserved for the Sr„S.be town and common of Columbus, the first range of lots to contain ten acres, and the second range twenty acres each ; and the rest and residue of the reserved lands at the Coweta Falls, on the Chattahoochee river, shall be laid off by the commissioners aforesaid into square tracts of one hundred acres each, or into fractions where the same will not admit of being laid out into square tracts, where ad § 3.* And be it further enacted, That said commissioners, vertised. after having fully carried into effect the foregoing provisions of this act, shall cause sixty days' notice of their intended sale in all the public gazettes of this State, and in one of the public gazettes of Charleston, South Carolina, and Tusca- loosa, Alabama, and shall, in accordance with said notice, proceed at some convenient place on said reserve to offer . for sale by public outcry all the said buildings, gardening, and planting lots, so as aforesaid to be laid out, and should Sales to from day to day continue said Sales until the whole shall be from day to disposed of; Provided, nevertheless, that if in the opinion day. of said commissioners, the State's interest in said lots should seem likely to be sacrificed for the want of demand or bid- Tobesus- ders, or for other cause, it shall be the duty of said com- when fair missioners to suspend the sale of lots for which fair prices not had. cannot be had until such other day or days of sale as they may think proper, after the like publication of notice to order. f-f-s § 4. And be it further enacted, That the highest bidder for fifth of the any lot or lots authorized to be sold by this act shall be the moneyln Purchaser, who shall pay to the commissioners aforesaid one- cash. fifth part of the purOhase-rnoney in cash or current bills of char- Commis- tered banks of this State, on the payment of which the said give a&cer- commissioners or a majority of them shall give to such pur- uficate. chaser a certificate, stating the amount paid and t}ie amount of said purchase-money then, due, and to be paid in four equal certificates annual instalments, which said certificates shall be alienable Purchasers ky written assignment; and any purchaser failing to pay any failing to instalment to the treasurer within sixty days after the same instalment becomes due shall forfeit the amount paid, and said lot or day"tofor-y ^ots shall revert to and become the property of the State ; feit, and lot when the last instalment is paid agreeable to the face of When6fast sa^ certificate given by the commissioners aforesaid, it shall is paicTuie duty of his excellency the Governor to cause a grant Governor or grants to be made out in the name of the holder of said groTro the certificate, agreeably to the laws now in force regulating holder on grants, which said grant shall be given to the holder of said 84 50.8 certificate on his paying the sum of four dollars and fifty cents for office fees. Commis- § 5. And be it further enacted, That it shall be the duty of twriydays sa'd commissioners, within thirty days after said sales or after the any of them shall have been closed or suspended, to pay overthePay into the treasury of this State the nett amount received by ulshaiistof for the sale of said lots, also a list of their books and theirbooks, account of sales, with a general plan of said town, phnfof said § And be it further enacted, That each of said commis- Cum ■ si°ners* before he enters on the duties of said office, shall ex- sionero'to ecute to his excellency the Governor a bond with good and and se°cldri- sufficient security in the penalty of ten thousand dollars, to ty to the become null and void, on the condition of his faithfully per- hi°tonrn°r forming the Several duties and requirements specified and doNaand Prescribed in this act; and in case either of said commis- Omitting to sioners shall omit or refuse to make returns of money which turnsre" they may have received for the use of the State, according to Cimipiroi- the provisions of this act, it shall be the duty of the comp- Ini^uITex- troller general of this Slate forthwith to issue an execution pcution against such defaulting commissioner and his securities for them and the penalty of their bond, directed to all and singular the sheriffs of said State, which execution shall be in the usual form of fieri facias, and have the same effect of such a writ when issued pursuant to the judgment of a court of record ; but this summary process for obtaining money shall in no- wise exempt either of said commissioners from an action at law or eciuitv for anv malfpnsanpe in nffipp § 7. And be it further enacted, That each of said com- Fees of th« missioners, while engaged in the service herein assigned, shall be entitled to receive as full compensation five dollars a day, and an adequate allowance for clerk hire and stationary. § 8. And be it further enacted, That said commissioners Commis- shall have authority to appoint a surveyor for the purposes appTinta herein expressed, whose compensation shall be five dollars surveyor j 1'i • i \ . and chain- a day while in service, also to appoint a sufficient number carriers, of chain carriers and axe-men, whose pay shall not exceed theit two dollars each day. § 9. And be it further enacted, That all persons who may To com- have an agency in executing the provisions of this act be, and Kvlcea^ they are hereby required to complete the several duties as- wilh the signed them with the least delay. least delay. § 10. And be it further enacted, That the said town shall ^ameof be called and known by the name of Columbus. e °wn' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. AN ACT to appoint Commissioners to select the site for [n* 1433.] the Public Buildings for the County of Irwin, and to make permanent the same. Be it enacted by the Senate and House of Representatives commis- of the State of Georgia, in General Assembly met, and it is ^I(°ilt11<^.ap~ hereby enacted by the authority of the same, That Cornelius Tison, Lott Whitten, Jonathan Smith, Miles Adams, James L. Wilcox, Ludd Mobley, and Jacob Paulk be, and they are hereby appointed commissioners to select a site for the pub- lie buildings in the county of Irwin, which site, when so se- lected by the said commissioners or a majority of them, shall be held and deemed as the permanent site for the public buildings for the county aforesaid. § 2. And be it further enacted, That said commissioners Authorized or a majority of them shall be, and they are hereby author- chase a ized to purchase a lot or lots of land for the same, and pro- lot or lots, ceed to lay off lots in the public site in said county, and town, and expose the same to public sale after giving sufficient notice, ^{gthe as is usual in such cases; the proceeds of such sales of lots Proceeds to be returned to the Inferior Court of said county, as well wiromS 10 as the lands purchased for the public site, as a county fund, Paid- reserving sufficient to pay for purchasing the land for county site and expenses incurred with regard to the same. § 3. And be it further enacted, That the place of Holding Couns and the Superior and Inferior Courts and elections for the county whereto of Irwin at the present or usual place of holding courts and be held- elections for said county, until the commissioners appointed by this act shall have selected a site for the public building for the county aforesaid, and shall have proceeded by a writ- ten notification to inform the Inferior Court pf said county of Irwin of such place and circumstance ; and it shall be- the duty of said justices of the Inferior Court of said county inferior to advertise the same, stating the lot of land selected for the ^enife public site of their county, at least in three of the most pub- where the lie places in the same, and the same shall therefore imme- lected.be" diately become the permanent site of said county. § 4. And be it further enacted, That it shall be the duty Court- of the justices of the Inferior Court of the county aforesaid, j1^6 and' so soon as the commissioners have selected a public site for their respective court-house and jail in conformity with the provisions of this act, to proceed to the letting out the court- house and jail in said county as such site ; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to?, December 19th, 1827. JOHN FORSYTH, Governor. 472 TOWNS*—1827. [Now 1434.] an ACT "to repeal apart of an Act, entitled " An Act to make permanent the site of the Public Buildings in the County of Fayette at Fayetteville, and to incorpo- rate the same ," passed the 2Oth day of December, 1823; and to amend the said Act. 1 Criminal Be it enacted by the Senate and House of Representatives ofthecom- °f Vie &tate °f Georgia, in General Assembly met, and it is missioners hereby enacted by the authority of the same, That so much eognhsabie of the before-recited act as gives' to the commissioners of superior ^ town Fayetteville criminal jurisdiction; or the power court of punishing by fine or otherwise persons who may have peaied. violated the by-laws of said town by the commission of such - ' crimes as may after ward be punishable by the Superior Court, Except for be, and the same is hereby repealed ; Provided, that nothing and°vi. and discharge all the duties of a vendue-master required of you by the laws of this State and the ordinances of the city of Augusta, to the best of your ability ; so 'help you God.1' And the said city council shall take from each vendue- Shan take master appointed under this act, in lieu of the bond here- t^or*'111 tofore required, a bond with t\vo or more gopd andsufficient moregecu- securities, payable to the mayor of the city of Augusta and Bumnot"^ his Successors in office, in:asum not exceeding thirty thou-|^|j{j sand dollars,, conditioned for the faithful payment of all -conditions duties and taxes that are now or may be hereafter imposed tbereof' upon sales at vendue by any law pf this State or ordinance of said city ; anrf for the payment of all moneys, and the transfer and delivery of all notes, bills, bonds, obligations, or other valuable thing- or things, received by him for mer- chandise or other property sold at vendue or at private'sale, to the owner or owners of the same, or to his, her, or their legal representative or representatives, upon demand made for the proceeds or effects of such sales; and also, for obeying all lawful orders which said vendue-masters may re- ceive from the owner or owners.of any merchandise or other property placed in his hands, respecting the sale or disposition of the same. . • § 2. And be it further enacted,. That every vendue-master vendne- so appointed as aforesaid, instead of the returns heretofore "akere^ directed to be made, shall make his returns quarter-yearly, turns quar- ending on the last daysof tbemonthsof April, July, October, undefoath and January, of all sales effected by him at vendue during said quarters; which returns shall be.made under oath before theCity, the mayor or any member of the city council, and be depot Counci1' sited by said vendue-master with the clerk,of said council, whose duty it shall be to submit the same to the examination of the said city council,^at their next meeting thereafter; and said vendue-master shall also pay over to the said city To pay council all moneys accruing to the "State of Georgia for "aid coun- duties or taxes upon such sales ; and it shall be the duty of citaiimo- -said council, within ten days after the receipt of such i^lTthe moneys, todeposite the same in one of the banks in Augusta ^sates. to the credit of the treasurer of the State of Georgia, and to give him immediate notice thereof. § 3. And be it further enacted, That if any vendue-mas- Bonds of ter appointed under this act shall violate his bond by failing to comply with all or any of its conditions, requisitions, or and their provisions such vendue-master with his securities, shall be SetT subject to be sUed upon said bond, or upon copy thereof authenticated by a certificate signed by the mayor of said violation city and attested by the clerk of the. city council, in any Sftlom0011" court of law having competent jurisdiction, by and in the thereof, name and for the use and benefit of any person or persons, body corporate or politic, who Shall have been defrauded, endamaged, or injured by such violation ; and such vendue- master shall, moreover, jupon complaint made and proof ad- duced before the pity council aforesaid of a violation of his bond and duties, he, at the discretion of said council, dis- charged from office. § 4. And be it further, enacted, That for every act, mal- For mat- feasance, misfeasance, and nonfeasance* done or omitted to liable be done by any vendue-master appointed under this act, ^0dt,®0^" whether contrary to the condition of his bond or not, he shall still be liable as at common law ; any thing contained in this act to the contrary notwithstanding. § 5. And be it further enacted, That if any bond or bonds taken under this act should not pursue the terms and pro- visions thereof, such bpnd or bonds shall not therefore be TOWNS.—1828. 473 void, but shall be taken and held as good voluntary bond or bonds, at common law. Said Veil- § 6. And be it further enacted, That from and after the ST passing of this act, no vendue-master in the city of Augusta TvFn froin reciuired to give any other bonds or to take any fimdto the other oath for the faithful performance of his duties than those obtainh'ig^a provided in this act, nor shall any vendue-master in said city license or be required to apply for [license], or make returns of his returns his sales to the treasurer of the State of Georgia, as was here- elsewhere, tofore the practice ; any law to the contrary notwithstanding. Repealing; § 7. And be it further enacted, That all laws militating c,ause' against or repugnant to this act, so far as they relate to the city of Augusta, be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 24th, 1827. JOHN FORSYTH, Governor. {No. 1437.] AN ACT to authorize the Corporation of the town of Alilledgeville to establish a Fire Company, and to exempt the members of said Fire Company from cer- tain duties therein specified. TheCorpo- Be it enacted by the Senate and House of Representatives Miiiedge- °f the State of Georgia, in General Assembly met, and it is vine to no- hereby enacted by the authority of the same, That from and imnate not . , r > • i exceeding immediately atter the passage of this act the corporation of number!1 ^ie town Milledgeville shall have power and authority, and they are hereby empowered and authorized to nominate, se- lect, and appoint certain individuals, being free white per- sons, and not exceeding eighty in number, and who when so Their appointed shall be known as the " Fire Company of the name- town of Milledgeville." company § 2. And be it further enacted by the authority aforesaid, chargeof That it shall be the duty of said company, when formed, to tfieEngine, take charge of the fire-engine, hooks, ladders, &c., and ma- nage the same in cases of fire within the town of Miiiedge- ille. corpora- § 3. he it further enacted by the authority aforesaid, tion to con- mi . r. .1 r.u- * JL ■ . vene the 1 hat so soon after the passage of this act as a sufficient num- anTre^rs' ^er individuals may consent to become members of said commend fire company as may be necessary to render it effectual, it shall be the duty of said corporation to convene said indi- &c- viduals and recommend the adoption of such constitution, rules, and regulations as said company or a majority of them may deem necessary and proper for their government and conduct; which, when so adopted by the company, and ap- proved of by the corporation aforesaid, shall be binding en each member of said company. § 4. And be it further enacted by the authority aforesaid, company That the said eighty persons, when so selected and organized, fromiwdi- not be liable, during their continuance as members of narymiii- said fire company, to perform militia duty, except in case of Ua uty' invasion, war, or insurrection. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1828. JOHN FORSYTH, Governor. [No. 1438,] AN ACT to authorize a Lottery for the purpose of raising within a certain time the sum of twenty-five thousand dollars, to be appropriated to the building of a Ala- sonic Hall in the town of Alilledgeville, and to ap- point Commissioners to carry the same into effect. Commis- Be it enacted by the Senate and House of Representatives wtabiTsha °f State of Georgia, in General Assembly met, and it is lottery hereby enacted by the authority of the same, That it shall yeare?tw0 and may be lawful for the commissioners hereinafter named O o o to establish a lottery within two years after the passing of this act, to raise the sum of twenty-five thousand dollars, under such scheme and regulations as they or a majority of them may deem necessary and proper, for the purpose of building a masonic hall in the town of Milledgeville. § 2. And be it further enacted, That William Y. Ilansell, Commis- Seaton Grantland, Richard K. Hines, Wyatt Foard, John ^nted.ap" Maqning, William Green, Arthur B. Davis, Benjamin F. Owens, Francis V. Deloitney, David B. Mitchell, and James S. Calhoun be, and they are hereby appointed commissioners to carry the aforesaid lottery into full effect. § 3.. And be it further enacted, That when any vacancy Vacancies may happen, by death or resignation, or otherwise, of any of howfilled- the commissioners aforesaid, the surviving or remaining com- missioners shall fill the same in such manner as they or a majority of them may deem proper. IRBY HUDSON, Speaker of the House of Representatives. TIIOMAS STOCKS, President of the Senate. Assented to, December 9th, 1328. JOHN FORSYTH, Governor. AN ACT to make permanent the site of the Public [No. 1439. Buildings in the town of Hamilton, Harris County ; in the town of Newnan, Cow'eta County; and the town of Talbotton, in Talbot County; and the town of Greenville, in Merriwether County ; and to incorpo- rate the same. Be it enacted by the Senate and House of Representatives rubiic of the State of Georgia, in General Assembly met, and it is ^"remain hereby enacted by the authority of the same, That the pub- where they lie buildings in the towns of Hamilton, Newnan, and Tal- now are' botton shall be and remain permanently located and fixed at and upon the places which said towns now respectively oc- cupy. § 2. And be it further enacted, That Clark Blandford, Appoint- Jacob M. Guerry, P. T. Bedell, George H. Bryan, and Nor- commis- ris Lyon be, and they are hereby appointed commissioners sloners- for the town of Hamilton ; that Winchester Dumas, William Hunt, James Clements, Thomas Roney,. and William Nim- mons be, and they are hereby appointed commissioners for the town of Newnan ; and that'll. R. Ward, George W. B. Towns, John B. Davis, Samuel Flournoy, and William Goss be, and they are hereby appointed commissioners for the town of Talbotton ; and that Abner Durham, Joseph Cour, Levi Adams, Matthew Leviritt, and Abraham Ragan are hereby appointed commissioners of Greenville, Merriwether county. § 3. And be it further enacted, That the said commis- May Pass sioners for the said towns of Hamilton, Newnan, Talbotton, &c!awSl and Greenville, or a majority of them, shall have power and authority to pass all by-laws and ordinances which they or a majority of them may deem necessary and expedient for the well government and good order of said towns, to levy and collect a tax for the support of said towns, and do all other things as bodies corporate which may not be repugnant to the constitution of this State or the United States. §4. And be it further enacted, That the corporate au- Their cor- thority and jurisdiction of said commissioners shall extend FimrUy and to and be exercised over all lots which now are or which £sdic" may hereafter be laid out within said towns. § 5. And be it further enacted, That on the first Saturday Election of in January of the year eighteen hundred and thirty, and on SonerE the first Saturday in January in every year thereafter, all free lake place male white persons in said towns who are entitled to vote annually- for members of the General Assembly shall assemble at their respective court-houses in the towns aforesaid, and by ballot elect five commissioners, who shall continue in office one Their con- year, and until their successors are elected, at which election 474 Vacancies how tilled. Provision if election should not take place at the time pointed, out. TOWNIS.-^18^. one or more magistrates shall preside; and in case of the removal, resignation, or death of any of said comrais-. sioners, the remaining commissioners shall have power to fill such vacancy for the time being. * § 6. And be it further enacted,, That if said election should not take place on the day pointed out by this act it. shall be lawful for it to be held on any other day, ten days' notice of the same being given by a justice of the peace or one of the commissioners. IRBY HUDSON, . . Speaker of the House of Representatives. THOMAS STOCKS,, , President of the Senate. Assented to, December 20th, 1828. ' . JOHN FORSYTH, Governor. [No. 1440.] Commis- sioners of > the town of Berrien to lay off and sell lots. Repealing clause. AN ACT to authorize the Commissioners of the town of Berrien, in the County of Dooly, to lay out and sell mwe lots in said village. , - 1 Be 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 afte.r the passage of this a,ct the commissioners of the town of Berrien shall have full power and authority to lay out and sell as many lqts in the said village as they in their discretion may think proper. § 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act be, and the same are repealed. 1 IRBY HUDSON, Speaker of the House of Representatives. 1 THOMAS STOCKS, N President of the Senate. Assented to, December 16th, 1828. .. ' JOHN FORSYTH, Governor. LNo. 1441.] AN A.CT to make permanent the site of the Public Build- ings in the County of Lowndes, and to name the same. Made per- ' Be it enacted by the Senate and House of Representatives r'faTkiLis- °f the State of Qeorgia, in General Assembly met, and it is ville- hereby enacted by the authority of the same, That from and after passage of this act, the present s&l.e of the public buildings fixed on by .the commissioners • for that purpose in the countyof Lowndes be, and the same is hereby made permanent, and shall be called and known by the name of Franklins ville. - , . IRBt HUDSON, Speaker of the House of Representatives. < THOMAS STOCKS, President of the Senate. Assented to, December 16th, 1828. JOHN FORSYTH, Governor. • § 3. And be it further enacted by the authority aforesaid, Election of That on the second Tuesday in January, eighteen hundred and twenty-nine, and on the second Tuesday fin] January every year thereafter, it shall be lawful for all persons, in- habitants within the corporate limits of said town, entitled , to vote for members of the Legislature, to assemble at the court-house in said'town, and under the superintendence ofsuperin- two or more justices of the pe^ce or justices of the Inferior Court of said cpunty to elect by ballot five commissioners, who shall continue in office for one year, and until their successors are elected ; and if it shall so happen that such Provision election shall not take place on the day before appointed, {[0"°®^ it shall be lawful for the same to be held on any other day, p'8** at in the manner and form before prescribed by this act, upon Scribed, ten day^' notice being given thereof in two or more,public places in said town ; and in case of the death, removal, or Vacancies resignation of any of said commissioners, those remaining how filled' shall have' power to fill such vacancy or vacancies until the next annual election, v , § 4. And be it further enacted by the authority aforesaid, Commis- That the aforementioned commissioners and their succes- manLs sors in office shall have full .power rind authority to pass all iaws,&c. laws, rules, and regulations, and all other matters of police as shall seem to them conducive to the health, peace, and well-being of the inhabitants thereof, provided, the same Proviso, is riot repugnant' to the tonstitution and laws of this State, and of the United States and shall, have_ full power and au- Mayap- thority to appoint such officers as may be necessary to carry So*1* into effect and execute such rules and regulations. .' §5. And be it further enacted by the authority aforesaid, Their cor- That said commissioners and their successors in office shall Section, have corporate jurisdiction over the lot of land On which the said town is situated, and all other public lots that may hereafter be laid out in said town; and shall have exclusive Togown, government of and control of all patrols and persons liable pe«onsand to work on the roads within the same,. work on § 6. And be it. further enacted by the authority aforesaid, roads. That said commissioners and their successors in office shall apoii-tax. have power to levy a poll-tax on the inhabitants and property of said town; Provided, the poll-tax shall' not exceed one Proviso, dollar, and other tax shall not exceed that required by the State. § 7 .And be it further enacted Jjy the authority aforesaid, That said commissioners ^hall be authorized to issue exe- foniheir cutions for their tax, fines, and penalties, and the same shall ,axes>fines' be collected as magistrates' executions. IRBY HUDSON, Speaker of the House of Representatives. , v ' ' THOMAS STOCKS, ' President of the Senate. Assented to, December 16th, 1828. JOHN FORSYTH, Governor. &C.J [No: 1443.] AN ACT to make permanent the site of the Public Buildings in and for the County of Troup, at the town of La Grange, and to incorporate the same. riibiic Be it enacted by the Senate and House of Representatives fixed'"tgS °f tlie State of Georgia, in General Assembly met, and it is La Grange, hereby enacted by the authority of the same, That from and after the passage of this act, the public buildings in and for the county of Troup shall,,and the same are hereby declared to be permanently fitfed on lot number one hundred and nine, in the sixth district of said county of Troup ; which, said 1 public site shall be called and known by the name of La Grange., „ nim of" § And be it further enacted by the authority aforesaid, Coimnis- That Richard A. Lane, James Simmons, John Herring, sioners. Dowe Perry, and Howell W. Jenkins be, and they are hereby appointed commissioners for the town of,La Grange, and shall continue in office until successors are appointed according to the provisions of this act. AN ACT to incorporate the town of Columbus, in the tNo- I443l County of Muscogee, and to provide for the election . of an Intenddnt. and Commissioners for the same. • Be it enacted by the Senate and Hoube of Representa- rijecti^of tives of the State of Georgia, in General Assembly met, and a„d com- it is hereby enacted by the authority of the same, That all persons inhabitants of said town entitled to vote for mem- townof bers to the General Assembly shall assemble at the court- Colum house in said town on the first Monday in January, eighteen hundred and twenty-nine, and on the first Alonday in Janu- ary every year thereafter, and by ballot elect an intend- ant and six commissioners, who-shall continue in office for Their con- one year, arid until their successors are elected; at which {Office, election any two justices of the Inferior Court or two jus- tices of the peace of said county, not being themselves J^d'dec- candidates, shall preside. t,ons• § 2. And be it further enacted, That if it shall so hap- pen that said election shall not take place on the day herein election TOWNS.—1828. 475 should not take place at the time pre- scribed. , Intendant and Com- missioners not to shut up the streets or permit buildings put thereon. Way lease the com- Removal of obstruc- tions and nuisances. Intendant and Com- missioners by what name known. May make by-laws, &c. Proviso. Vacancies when and how filled. Intendant and Com- missioners to take an oath. appointed, any one or more justices of the peace for said county may afterward give ten clays' public notice for hold- ing an election, and the same shall be held in the manner herein directed ; and in case of the death, removal, or re- signation of any of said commissioners, the remaining com- missioners shall have power to fill such vacancy until the next annual election. §3. And be it f urther enacted, That the intendant and commissioners shall in nowise have power to alter the plan of said town "by shutting up streets or otherwise, nor to permit any dwelling-house or other buildings to be put on any of the streets or common of said town under any lease or leases, or in any other way. § 4. And be it further enacted, That the intendant and commissioners of said town shall have power to lease the common and other property of the town for any term not exceeding three years at any one time. § 5. And be it further enacted, That the intendant and commissioners shall have power to pull down and destroy as a nuisance all obstructions in the streets of said town, and all dwelling and other houses on the common and un- sold lots within the corporate limits of said town which shall embrace the town and common belonging thereto. § 6. And be it further enacted, That the commissioners above named shall be known as the intendant and commis- sioners of the town of Columbus, and by such their corporate name shall sue and be sued, and shall have a common seal, and shall have full power and authority to pass all by-laws and ordinances, and to enforce the same, that they may deem best calculated to promote the general good of the citizens of said town, provided that no by-law or ordinance shall be contrary to the constitution or laws of this State or of the United States. § 7. And be it further enacted, That when any vacancy shall happen in the office of intendant the commissioners for the time being shall proceed within ten days to fill such vacancy out .of their own body. § 8. And be it further enacted, That it shall be the duty ■of each and every person elected for intendant or commis- sioner to take, before he enters on the duties of his office, the following oath, " I, A. B., do solemnly swear that I will well and truly discharge the duties of intendant (or commissioner, as the case may be) of the town of Columbus, and adopt such measures as may in my judgment be best calculated to promote the general good of the citizens of said town." IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. public sale after giving usual notice ; the proceeds of such Proceeds ot sales of lots to be returned to the Inferior Court of said 6ale' county, as well as the lands purchased for the public site, as a county fund, reserving sufficient to pay for purchasing the land for a county site and expenses incurred in regard to the same, § 3, And be it further enacted, That the Superior Courts, courts and Inferior Courts, and elections for the county of Marion shall ^Sheid. he held at the usual place of holding courts and elections, until the commissioners appointed by this act shall have se- lected a site for the public buildings in the county aforesaid, and shall have proceeded by a written notification to inform the Inferior Court of said county of such place and circum- stance ; and it shall be the duty of the justices of the Inferior Court of said county to advertise the same, stating the lot of land selected for the public site in said county, at three of the most public places in the same, and it shall thereon imme- diately become the permanent site of said county. § 4. And be it further enacted, That it shall be the duty court of the justices of the Inferior Court of said county, so soon as house and the commissioners have selected a public site and run off and sold the lots in conformity with the provisions of this act, to proceed and let out the building of a court-house and jail in said county, after such plan, and under such regu- lations as a majority of them may think expedient, at such site ; any law to the contrary notwithstanding. . IRBY HUDSON, Speaker of the House of. Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1828. JOHN FORSYTH, Governor. [No. 1444.] AN ACT to appoint Commissioners to select a site for the Public Buildings for the County of Marion? and to make permanent the same. Commis- Be it enacted by the Senate and House of Representatives pointed.ap" °f State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Samuel Brewer, William Wells, William Williams, sen., John J. Kaigler, William Underwood, William Gilmore, David John- ston, James Newberry, and Joseph C. Brooks be, and they are hereby appointed commissioners to select a site for the public buildings in the county of Marion, which site, when so selected by the said commissioners or a majority of them, shall be held and deemed as the permanent site for the pub- lie buildings for the county aforesaid. To pur- §2. And be it further enacted, That said commissioners, of iStofand a majority of them, are hereby authorized to purchase a layoff and j0t or l0ts of land for the same, and proceed to lay off lots in the public site in said county, and expose the same to O o o 2 AN ACT to authorize and provide for the building of [No. 1445.J an Arsenal in the city of Savannah, for the preserva- tion and better security of the arms and munitions of war, the property of the State, in said city. Be it enacted by the Senate and House of Representatives The Go- of the State of Georgia, in General Assembly met, and it is cause'em hereby enacted by the authority of the same, That his excel- Arsenal to lency the Governor be, and he is hereby authorized and Fe- fL^ty !>" quired to cause to be built or erected in the city of Savannah Savannah, aforesaid, on such lot of ground as the citizens or corpora- tion of said city may surrender in fee-simple for this purpose, a suitable building or arsenal of brick or stone, of proper dimensions, for the security and preservation of the arms and munitions of war belonging to the State, and as a place of deposite for the same. § 2. And be it further enacted, That his excellency the To pay for Governor be, and he is hereby authorized to pay for the Sof'the erection and building of said arsenal, by draft on the con- £°°jjingem tingentfund for a sum not exceeding seven thousand dollars. n ' IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. expose lots to sale. AN ACT to incorporate the Savannah Ice Company. ENo- 1WC1 < Whereas, a number of persons in the city of Savannah, Preamble, in this State, have associated themselves into a company for the purpose of furnishing the city with ice,.particularly during the summer months, and are desirous,for the better effecting of that object, that the said association should be incor- porated; Be it therefore enacted by the Senate and House of Repre- Names ot sentatives of the State of Georgia, in General Assembly met, membei!'' and it is hereby enacted by the authority of the same, That William B. Bullock, John Balfour, J. H. Burroughs, R. R. 476 TOWNS.—1828. Cuyler, William C. Cuthbert, William C. Daniel, William aforesaid to impose any poll-tax on any free white citizen of . Davies, John Davidson, R. H. Footman, Elias Fort, George the said city exceeding in amount the sum of one dollar. Glenn, J. B. Gaudry, William W. Gordon, William P. IRBY HUDSON, Hunter, R. W. Habersham, Robert Habersham, Joseph Speaker of the House of Representatives. Habersham, H. Hudson, P. M. Kollock, Charles Lesuer, - THOMAS STOCKS, H. W. Lubbock, Lowe, Taylor, &, Co., M. Myers, William President of the Senate. Mackey, John H. Morell, George Millen, John D. Mongin, Assented to, December 19th, 1828. , > John C.Nicoll, Jonathan Olmsteed, George W.Owens, Geo. ' , ' - JOHN FORSYTH, Governor. F.Palm'cs,O.Palmes,ThomasRyerson, jr., Hugh Rose, B.E. ' ' Stiles, Isaac Scudder, Noah B. Silson, John P. Williamson, AN ACT to incorporate the tovm of Perry, in Houston [No. h&j Paul H. Wilkins, William T. Williams, and Thomas Young, County, and to define the duties and'authority of the and others who are or may hereafter become members of the Commissioners of the same. said association, their successors and assigns, be, and they # enacted by the Senate and House of Representa-Commis. Madeacor- are hereby created and made a corporation and body politid, tives 0ftjie State of Georgia, in General Assembly met, and StXf Their^yie. by the name and style of the Savannah lce Company; and by if is hereby enacted by the authority of the same, That Pvrry®P".. May hold that name and style shall be, and are hereby made'able and Giles B. Taylor, James M. Kelly, F. W. Jobson, James E. proj capably inlaw to have, purchase, receive, possess, enjoy, and Duncan, and Allen Chastin, are hereby appointed commis- retain to them and their successors lands, rents, tenements, sioners of said town, and shall continue in,, office until sue- Tbeircon- hereditaments, good3, chattels, and effects of what kind, na- cessors are appointed according to the provisions of this apt. offiee.ncei* ture, or quality soever, to an amount not exceeding the ca- § g. And he it further enacted by the authority aforesaid, Election of pital of the said corporation at the time of holding' such That on the first Monday in January, eighteen hundred and (?on)mi.s- property; and the same to sell, grant, demise, alien, or dis- thirty, and on the first Monday in January in every year whoTnii- Sue and be pose of; and to sue and be sued, plead and be impleaded, thereafter, all persons inhabitants of said town, or residingtled 10vole- sue , c. answer an(i be answered unto, defend and be defended, in within six hundred yards of the court-house square in said courts of record,or any place whatsoever ; and also to make town, entitled to vote for members to the General Assembly, mon*eaim" U^e a sea'» an.d the^ame to break, alter, and shall assemble at the court-house in said town, and by bal- Establish renew(at their pleasure and also to ordain, establish,-and lot elect five commissioners, who shall continue in office by-iaws, pUt in execution such by-laws, ordinances, and regulations for one year, and until successors are elected; at .which as shall seerri necessary and convenient for the government election, any tvVo justices of the Inferior Court or two of Whoto Proviso- of ^aid corporation ; Provided, nevertheless, that such by- the justices of the peace of said county, not being them- .laws, rules, and regulations'be not contrary to the constitu- selVes candidates, shall preside ; and if it shall so happen Proven tion and. laws of this State or of the United States. that such election shall not take place on the day herein ap- e^tio"0 " IRBY HUDSON, pointed, any one or more of the justices of the Inferior should lake Speaker of the House of Representatives. Court or justices of the peace for said. county may after- Sap-1118 - - THOMAS STOCKS, ward, by giving ten days'public notice, hold fhe same in Poinlcd- President the Senate, manner herein directed ; and in case of the death, resigna- vacancies Assented to, December 20th, 1828. , . ^ \ tion, or removal of any of said commissioners, the remaining howfilled' - JOHN FORSYTH, Governor, commissioners shall have power to fill such vacancy until, ' the next annual-election. r*r_ ATvr a r«rf». j a * j a a . * § 3. And be it further enacted by the authority aforesaid, CotamiB- [no. 14,7.] AN ACT to amend'an ActenMed An Act more parti- Thvat it shall notie lawful for an* of said coLisioners 5ST ■cularfy to define the qualifications of Voters for Alder- ,s0 e)ected or appointed to .enter on the duties of his office men of the city of Savannah and hapilets thereof, until he shall have taken and subscribed the following oath: and to restrict the Corporation of said city in the im- A. B., do solemnly swear, or affirm (as the case may position of a Poll-Tax to a specific sum. he), that I will well and truly perform the duties of a com- ununited Be it enacted by the Senate and House of Representatives missioner of the town of Perry, as ascertained by law, by states who of the State of Georgia, in General Assembly met, and it is adopting such measures therein as shall in my judgment be sided rthrce hereby enacted by the authority of the same, Tliat the above- best calculated to promote the general good of the citizens Savannah recited _ act be, and is hereby so far amended as to qualify of the, town of Perry, without any favour or partiality to any may vote any citizen of the city of Savannah, and of the United States one ; and that I will support and defend the constitution of SenAlder" resident in said city for the last three months preceding the the United States, and of the State of Georgia; so help me Pioviso. election of aldermen, to vote for aldermen ; Provided, he has God which oath shall be taken before some justice of the paid all taxes, or has in his own right sufficient* estate real Inferior Court, or justice of the peace of said county ; and , . to satisfy any tax executions which may be against him, and a certificate on the minute book of the commissioners by certificate ' has made all returns "required by the ordinances of said city, the justices presiding at the election of the commissioners and has. attained the age of twenty-one years. '• herein directed that the persons named are duly elected, and being Magistrates § 2. And be it further enacted, That the magistrates pre- and. a certificate, as aforesaid, by the justices before whom sworn' • ndm'i'nisfer0 siding at said election are hereby authorized and required to the above oath is directed to bfe .taken, that they have taken an oath, administer the following path to any voter whose vote may and subscribed the said oath, shall be legal evidence that be challenged before he votes : " I, A. B., do swear, or af- the said commissioners so elected and sworn are authorized firm (as the case may be), that I am twenty-one years'of age, to act as such. * . ' .have resided within the corporate limits of the-city of Sa- § 4. And be it further enacted by the authoriiy aforesaid, May make vannah for the last three months, have made all returns to That the commissioners appointed under this act shall be a hoid'pro' the treasurer of the corporation of said city required by the corporation and body politic, so far as to be competent to peny.te ordinances of the same, have paid all taxes, or have suffi- make contracts, hold property in their corporate capacity, cient estate real to satisfy any executions on account of said both real and personal, and do1 other acts herein authorized; taxes, and am a citizen of the United States and an inhabit* and to sue and be sued, by the name of" the Board of Com* Their ant of this State! missioners of the town of Perry, in Houston county." Any*• Poii-tainot § 3. And be it further enacted by the authority aforesaid, three or more of the commissioners shall form a board, and Threeor oueXdoiiar. That it shall not be lawful for the said mayor and aldermen be* competent to transact business and make by-laws under TOWNS.—1829. 477 board,and this act; Provided, that no business of the board shall concur/transacted,-nor any by-laws made, unless a majority of the commissioners of the whole board be present and con- cur therein : the proceedings "of the commissioners under this act shall be summary, and shall be authenticated by the signature of the president, and be judicially proved by a copy thereof, signed and certified by their secretary : the board of commissioners shall have power and authority at any time, if necessary, to transcribe their minutes and other recorded proceedings into new books, and any tran- script thereof, on being approved by them, shall be held and taken as the original. JIantaPre § ^ fur^ier enacted by the authority aforesaid, sidenf, " That the said board may appoint from their own body a JhaT&c.ar" Pres^ent» and may appoint a town marshal and such other officers a§ they may deem, necessary, and in their absence may appoint such officers pro tempore, and may allow com- Marshal pensation for their services ; and may authorize the marshal poK" to appoint a deputy, who shall take the same oath and have Deputy. same power as the marshal himself: they shall have power to remove from office such officers for misconduct, and appoint others in their stead, and to prescribe and set- tie all the forms and details necessary and proper to give Asaboard effect to their ordinances. While sitting as a board, the said sameVethe commissioners shall have the same power as justices of P0-- the peace have of punishing contempts and coercing their the Peace officers; and said officers shall continue and remain subject ing'con-'1* to authority twelve months after they shall be out of Knipis, office, as to any moneys or papers in their hands. The com- missioners, or any one of them, shall be authorized to ad- minister oaths in any matter corning within the cognizance Proceed- of the board ; and in case of any breach or violation of the offenders18' by-laws of said town for which the offender ought ac- for breach- cording to said bv-Iaws to be arrested, the commissioners, es or viola- ° « . 7 ' tions of the or any one of them, may issue a warrant, having the usual by-laws, requisites, for the apprehension of such offender or offend- ers, and for the bringing of him or them before the board of commissioners, to be dealt with as such by-law so bro- ken shall direct; and the said board of commissioners are hereby empowered and authorized to impose and collect The Mar- fines. The marshal of said town and his deputy, before they his Deputy enter upon the duties of their office, shall, before the board sworn commissioners, or some justice of the Inferior Court, or justices of the peace, take and subscribe the following oath : —" I, A. B., do solemnly swear, or affirm (as the case may be), that I will well and truly do and perform the duties required of me as marshal of the town of Perry, according to law, and without favour or partiality to any one ; and that I will support the constitution of the United States, and of the Jhai orTis ofiGeorgia ; so help me God." The marshal of said Deputy to town and his deputy shall have power and authority to ar- who break rest w'10 ^ieir presence, within the corporate limits of the peace said town, break the public peace, and to bind them over in presence, recognisance for their personal appearance at the next regular meeting of the board of commissioners, who may fine such offender or offenders for so breaking (he public Proviso, peace in a sum not exceeding ten dollars ; Provided, that this act shall not be so construed as to operate upon any accused person who, under the same circumstances, would not be guilty according to the laws of force in this State. In suits against the commissioners or their officers, or any of them, they shall be entitled to the benefit of any statutes or laws in force for the time being, in respect to suits against justices of the peace and constables respectively. Corporate § 6. And be it further enacted by the authority aforesaid, Swtown. That the corporate limits of said town shall embrace all the lands lying within six hundred yards of the centre of the court-house square, and the jurisdiction of the board shall extend over the same ; and all persons usually resident therein shall be liable to the provisions of this act. $ 7. And be it further enacted by the authority aforesaid, That the said board shall have the superintendence of the Removal streets, and may prohibit or remove all obstructions of or uon^o/en- encroachments thereon, and all nuisances within the said croach- corporate limits ; and the said board of commissioners may ^"street* levy and collect, in a summary manner, an annual poll-tax fnady collect not exceeding one dollar on each free male person, of the taxes, &c. age of twenty-one years, and not exceeding twenty-five ceed^o*" cents on such slave usually resident therein, and a tax not n,uch- to exceed ten cents on every hundred dollars' value of all real estate, except that belonging to the county, stock in trade, and other personal estate, and any other property or thing therein that may at the time being be taxable by laws of this State ; and also a tax not exceeding five dollars for each day, on all itinerant exhibitions and performances therein for money. § 8. And be it further enacted by the authority aforesaid, Power of That the said board may, within the corporate limits of said town, make all needful, regulations for the restraint and regard to punishment of slaves and free persons of colour, according govern-™1 to the patrol laws of force in this State, and for the appoint- of Pa* merit and government of patrols therein ; and may levy and May tax collect as aforesaid, a tax not exceeding five dollars for each ^gu^te31"1 day, on pedlers and itinerant traders therein ; and may regu- work upon late and enforce work upon the roads and streets within the and roads' corporate limits of said town, by such persons as by law are liable to work on roads in this State, not exceeding five tion. days at any one time, nor exceeding fifteen days in any one year ; and in other respects the said board of commissioners shall and may have the same authority and jurisdiction over the said roads and streets, as would belong to the Inferior Court of the county of Houston if the said town were not incorporated ; and the citizens of said town liable to work citizens on the roads and streets aforesaid, are hereby exempted m,6™other from any other road duties in said county ; any law to the road duty, contrary notwithstanding. And the - said board may pass General all such ordinances, and do all such other acts not repug- thlTboIrdL nant to the constitution or law of this State, or of the United States, as may be necessary to the accomplishment of the purposes in this act mentioned, and of all other mat- ters of police within the corporate limits of said town, as they shall deem conducive to the health, safety, peace and well-being of the inhabitants thereof. § 9. And be it further enacted by the authority aforesaid, Penalties That the said board may punish all offences by white per-limlted- sons and by free persons of colour against their ordinances by fine, not exceeding ten dollars, except on itinerant gam- biers, and on them not exceeding one hundred-dollars ; no corporal punishment shall be inflicted upon free white per- sons ; but slaves and free persons of colour, for offences committed within the corporation aforesaid, and against the » provisions of this act, may be corporally punished not ex- ceeding fifteen stripes. To enforce the payment of fines, Board may taxes, ^nd all other moneys accruing otherwise than by con- cmi'ons^n tract, the board may issue execution against either the per- certain son or property of the delinquent, which shall have the force have the and effect of a justice's judgment and execution; and if j^c°fga property levied on by the marshal shall be claimed by any judgment other person than the delinquent, and such claimant or his nonf/u" agent shall make affidavit in writing before any one of the commissioners that the property belongs to him, the levy shall stand dismissed ; "and any person Swearing falsely therein, shall be punished as in other cases of perjury ; the marshal, or other ministerial officer or officers of said ^°a^®ra®f board, and their deputies shall, in the execution of their his Deputy office, have the power and be entitled to double the fees of co^statie a constable, and shall give bond, payable to the board ofshaugive commissioners, in the sum of two hundred dollars, for the boa?d!°tiie faithful discharge of their duties, which may be sued upon in the Inferior or Superior Court of said county, by order of said board, at the instance of any person or persons making it satisfactorily appear that he, she, or they have 478 TOWNS.—1S2S. Board , where to meet. May have adjourned meetings. Corporate funds how applied. Board to publish an- nually anj account thereof. What to be done where they retain moneys. Proviso. Rights, Sec. of the citi- zens se-( / cured. Repealing clause. been injured by his illegal conduct in the execution of his Office as marshal or deputy marshal; the marshal shall have the collection of all fines imposed and all taxes and duties laid by virtue of this act, and' shall keep a book containing' all his actings and doings as marshal, and all the actings and doings of his deputy, for; the inspection of the board of commissioners and all persons interested. § 10. And be it further enacted by the authority aforesaid, That the board of commissioners shall hold theii* regular meetings in, the court-house in said county; on the first Saturday of January next, and [on] the first Saturday of every month thereafter, and they may hold adjourned meetings for the transaction of business under this act, at any lime ; and the corporate funds, after defraying the charges incident to the levying and collecting thereof, shall be by the said board applied to the necessary expenses and improvement of the said town, in such manner as the board may deem most advantageous ; and the said board shall ppblish annually a); the end of each year an account of such, corporate funds, exhibiting the amount received in that year; and the several objects and amount of expenditure, including the balance either way from the year preceding; and if-any preceding commissioner shall retain in his hands any such moneys, or any papers which he may have received while in office, he may on refusal be compelled to pay over or deliver the same or account therefor to the board of commissioners, by rule in. a summary way, and an attachment may' issue against him, in the nature of an attachment for a contempt; Provided, such commissioner so in default shall be pro^- ceeded against within six months after he goes, out of office. §11. And be it further enacted by the authority aforesaid, That all the rights and privileges which were secured to the citizens of said town under any act incorporating the same heretofore made be, and the same are hereby secured to them under this act. § 12. And be it further enacted, That all laws and parts of laws militating against this act be, and the same are hereby repealed. * IREY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, ' ^ President of the Senate. Assented to', December 20th, 1828, JOHN FORSYTH, Governor. [No. 1449.] Commis- sioners ap- pointed to select a public site for Tatnall County. To pur- chase a 3 tract or lot of land, and lay off a town. To sell the lots, j AN* ACT to appoint Commissioners to select a site for the Public Buildings in the County of Tatnall, and to make permanent the same. Be 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 William Johnson, Josiah Collins, SamuelS. Brinson, JohnT. Sharpe, Lewis Strickland, Nathan Brewton, sen., James A. Tippins, and Daniel Coleman be, and they are hereby appointed commissioners to select a site for the public buildings iA the county of Tatnall, which site shall be situated' as near the centre of the county as circumstances and convenience will admitand the site so selected by the commissioners afore- said, or a majority of them, shall be held and deemed as the permanent site for the public buildings for the county afore- said, § 2. And be it further enacted by the authority aforesaid, That the aforesaid commissioners, or a majority of them, shall be, and are hereby authorized and empowered to con- tract for and purchase for the use of the county aforesaid a lot or tract of land not exceeding fifty acres, and shall imrne- • diately proceed to lay out such number of lots out of the same as they may deem proper; and after giving at least thirty days' notice, by advertising the same at three of the most public places in the county aforesaid, the said commis- sioners, or a majority of them, shall proceed to sell the said lots at public auction, upon such terms and conditions as they may deem proper and most for the interest of the county ; and the proceeds of the sale of the lots sold by them Proccedsof shall be paid over to the justices of the Inferior Court of pBaid said countjr, saving and reserving in their own hands a suffi- Cient sum to pay the purchase-money for the lot or tract of land purchased by them, and for all expenses incurred by the said commissioners in laying off the lots and selling the same. § 3. And be it further enacted, That it shall be the duty Commis- of the commissioners aforesaid, as soon as they shall have noiifytbe' selected and purchased a lot or tract of land as a site for the ' public buildings for the county aforesaid, and caused the said writlngof lots to be'sold under the provisions of tfie second section of this act, the said commissioners aforesaid shall notify in purchase writing the justices of the Inferior Court of the county afore- of a 81le' said, of their having selected and purchased a lot or tract of land for'the site of the public buildings in said county ; and " it shall be the duty of the justices of the Inferior Court of The Me. said county, within ten days after receiving such written no- to°ardy°rt[]e tice, to advertise the , same in three or more of the most the same, public places in the county, describing the lot or tract of land selected by the commissioners aforesaid for the site of their public buildings ; and the same shall immediately there- after become the permanent site fo!r the court-house apd jail for the county of Tatnall. § 4. And be it further enacted, That it shall be the duty Said Court of the justices of the Inferior Court of the county aforesaid, Ihebuiidlng immediately after receiving the nett proceeds of the sale of of a Court, the lots from the commissioners aforesaid, to advertise and jaTi!seandj let to the^ lowest bidder the building a court-house and jail on the site selected by the commissioners aforesaid, after giving at least thirty days' public notice df the same, at three or more of the most public places in said county. § 5. And be it further enacted, That if any of the aforesaid Vacancies' commissioners remove,^ or refuse to serve, then and in that sk>neremB" case the remaining commissioners shall immediately appoint filled, some fit and proper person to,fill such vacancy. § 6. And bb it further enacted, by the authority aforesaid, Repealing That all laws and parts of laws militating against this act be,clausR and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. < THOMAS STOCKS, President of the Senate. Assented to, December 16th, 1828. JOHN FORSYTH, Governor. AN ACT to make permanent the Public Site of Baker [No. 1450.] County, and to name the same. Be it enacted by the Senate and House of Representatives The^tiM of the State of Georgia, in General Assembly met, and it Baker is hereby enacted by the authority of the same, That the site for the public buildings of the county of Baker be, and Byron the same is hereby declared permanently fixed on lot num- ber thirty-five, in the second district of formerly Early, pow Baker county ; and that said public site shall be called and known by the name of Byron. , ' 1 . IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 16th, 1828. JOHN FORSYTH, Governor. AN ACT to appoint Commissioners for the better regu- INo. hsm lotion and government of the toum of Petersburg, and further to amend the same, passed the third day of He- cember, eighteen hundred and four. Be it, enacted by the Senate and House of Represcnta- fives of the State of Georgia, in General Assembly met, TOWNS.—1828. 479 60 mucli as authorizes five Coin- missioners tortlie town of Peteis- burn repealed. ThreeCom- missioners to be elect- ed, who shall take an oath. Remedy in case of va- cancy, or tvheie they refuse to act. Uualifica- tion of Commis- sioners.' Provision in case of non-elec- tion hereto- fore or omission hereafter. That so much of the second section of the act first above mentioned as authorizes the election of five persons as com- missioners of said town shall be repealed; and that on the first Monday of January, in every year hereafter, the free white residents of said town shall be authorized to elect by ballot three of their number to act as commissioners of said town for the current year ensuing their election, who shall take an oath well and faithfully to perform the duties as commis- sioners of said town ; and that on the refusal or neglect of any person elected a commissioner for the period of twenty days after being elected to accept, and in case of vacancy by death, removal, or resignation, the acting commissioners shall order a new election to fill such vacancy, giving at least ten days' notice thereof in two or more public places in said town ; shall be superintended by a justice of 4he peace of the county of Elbert; Provided, such cominissionergso appointed shall be lot owners in fee-simple. § 2. And be it further enacted by the authority aforesaid, That the non-election of commissioners of said town, at any time heretofore, or the omission to hold elections hereafter on the day by this act designated, shall not cause a forfeiture or invalidate the powers and authorities of commissioners hereafter to be elected, but the same are hereby granted and continued to them as fully as by the above-mentioned acts they are created and vested. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1028. f JOHN FORSYTH, Governor. [No. 145-2.] One-half of the Town- house square in Columbus given to the County of Museouee. The I life- rior Court to build a Court- bouse in twelve months. Proviso. The Infe- rior Court authoized to sell the ten acres heretofore reserved. Repealing clause. immediately after the passing of this act, the public site for The public Appling county shall be upon the lot of land where Soloman Kennady now lives, being the place selected by the justices ty selected, of the inferior Court of said county. § 2. And be it further enacted, That it shall be known To bp and called by the name of Holmesville ; any law to the con- nEes- trary notwithstanding. vine. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 8th, 1828. JOHN FORSYTH, Governor. AN ACT to extend the time for the Commissioners of [No. 1454.] the town of Brunswick and Frederica, to prepare a map of Brunswick, and send the same to the Sur- veyor General's office for recording. Be it enacted by the Senate and House of Representatives Commi?- of the State of Georgia, in General Assembly met, and it is ^unswick hereby^ enacted by the authority of the same, That the com- »nd Frede- missioners of the town of Brunswick and Frederica shall "wed tm be allowed to the first day of December, eighteen hundred and twenty-nine, to send the plan of the town of Brunswick to the surveyor general's office; any law to the contrary notwithstanding. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 22d, 1828. JOHN FORSYTH, Governor. AN ACT to give to the County of Muscogee one-half of the square laid off and appropriated for the erection of a Town-house in the toidn of Columbus, for County purposes. Be it enacted by the Senate and House of Represent- atives of the Stflte of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That one-half of the square laid off and appropriated for the erec- tion of a town-house in the town of Columbus be given to the county of Muscogee ; Provided, the justices of the In- ferior Court for said county, make known their intention to the commissioners and intendant of the town of Columbus to build a court-house on the same within twelve months from the passage of this act; Provided, that the Inferior Court, or commissioners of the court-house and jail, of the county of Muscogee shall not sell or dispose of any part of the square reserved for a town-house in the town of Co- lumhus. § 2. And be it further enacted, That the justices of the Inferior Court for said county be authorized to sell or dis- pose of, in miy manner they may deem proper, the ten acres of land heretofore laid off and appropriated for county pur- poses in the town of Columbus, and make bona fide titles to the same. § 3. And be it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th, 1828. JOHN FORSYTH, Governor. [No. 1453.] AN ACT to make permanent the Public Site for Appling County, and to name the same. Be 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 [No. 1455:] Preamble. AN ACT to alter and amend an Act for the better regu- lation of the town of Elberton. Whereas, an act passed the twentieth day of December, eighteen hundred and twenty-four, to incorporate the town of Elberton, in Elbert county, by which act the power to sue and be'sued, to plead and he impleaded, is not vested in the commissioners ; and whereas, said act requires that the election for commissioners be holden on the first Mon- day in January of each year, and at no subsequent time ; for remedy whereof, Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, That from and after the passage of this act, the commis- sioners for the town of Elberlon as a corporate body may sue and be sued, plead and be impleaded, and exercise all other rights arid immunities granted to them by the above- recited act. § 2. And be it further enacted by the authority aforesaid, That should the persons authorized to vote for commis- sioners within the corporate limits of said town fail to elect their commissioners on the first Monday of January in each yea/, they are hereby authorized and empowered to hold such election at any time within ten days after the said first Monday in January. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 17th, 1828. JOHN FORSYTH, Governor. AN ACT to amend and enlarge an Act, entitled An Act [No. 1456.] to grant certain powers to the Commissioners of Pi- lotage, and for further preventing the obstructions of the Savannah River. Whereas, the river Savannah is frequently injured by the Preamble, projecting of the wharf heads into the river beyond the lines of the authorized survey 6f the wharf lots, and by the sliding, washing, or caving in of the material with which the wharves Commis- sioners of the town of Elberton may sue arid be sued. &c. Provision in case no election should he held at the time pre- scrihtd in the former law. 480 TOWNS—1828. are filled in, in consequence of the defective mariner in wise coming into .possession thereof, a bond with £°?d j^ldt which said wharves are constructed, or in consequence i of and sufficient securities, to bo approved by said commis-compl® Some decay or want of reparation ; therefore, sinners or their chairman, in the silm of five hundred dol- Commis- it enacted by the Senate and House of Representatives lars, payable to said commissioners, conditioned to remove Piiotage of the State of Georgia, in General Assembly met, and it is or cause to be removed such wreck, hulk, or vessel to some mine The hereby enacted by the authority of the same, That it shall be spot on the shoal ground between Hutchinson's and Fig. . wharves' the duty of the commissioners of pilotage for*th,e bar and islands to be designated as aforesaid ; and if such person or Penaityoa nahrWeT; river of Savannah,* and they are hereby authorized to visit, persons haviqg charge or haying last had charge or posses- Kg" and where jnSpectt and examine annually, in thq month of June, the . sion of such vessel, wreck, hulk, or other obstruction as ®bar«eor ?sniikeiyrto several wharves on said river, between Ray's Hall and the aforesaid, on requisition made to them by the commissioners ing^id"1' K,ntpthe ocean 5 and should any wharf seem to them- to require re- of pilotage through their chairman, shall refuse, neglect, or ^»a|( cause the pair, whereby injury to the river in their opinion maybe fail to remove the same within such time as said commis-fail to re- repaired by prevented, they shall cau'sq the same to be inspected and sioners may think the exigency of the case requires, and to "!d thebea' the otvnjr. surVeyed by'an alderman of the city of Savannah, a Wharf such spot as shall be pointed out to him, heT, or them, and owner, and a master carpenter or wharf builder ; and if said also if. Such auctioneer or auctioneers, pr other person so foii°to take Purveyors, or a majority of them, shall be of " opinion that selling or otherwise disposing of said vessel, wreck, hulk, thatdpw- said whart requires repair, then the owner or owners, te- 1 or other matter threatening to become an encumbrance or pose, nant or tefiants thereof, his,, her, ordheir agent or agents, obstruction to the river, shall refuse, neglect, or fail to take , ; representative or representatives, shall, within, three months such bonjl,' he, she, or they, as well the party so neglecting thereafter, well and sufficiently in the opinion of said sur- to remove as that so neglecting or failing to take such bond veyors, or a majority of them, repair or cause to be repaired as aforesaid, shall forfeit and pay- to said commissioners for ■ Penalty on ggj^ wharf so deemed to be in need, thereof; and if he, the use of the river »a penalty mot exceeding five hundred for nlgiect she, or they shall refuse, fail, or neglect so" to repair said dollars, which may be recovered in any court of competent , impair11' wharf, or cause it to be repaired, withih the time aforesaid, 'jurisdiction. -v the same. , it shall be the duty of said commissioners4to cause the same § 4. And be it further enacted by the authority aforesaid, Penalty on to be repaired j and the owner or owners, tenant or tenants, That if any vessel, wreck, or hulk, deemed to be condemned who°shair .of such wharf, his, her, or their agent or representatives, or hauled up as unseaworthy, shall be broken up, or caused breakup shall forfeit and pay to the commissioners for the use of said or attempted to be broken up, elsewhere in said river, than mtempTto . river the sum of two hundred dollars, together with all the at a spot on said shoal space which shall have been desig- bp^£eD costs, charges, and expenses of the repairs, to be recovered nated by the chairman of said commissioners, in convicting demned To be in any court of competent jurisdiction ; and which may be any person of breaking up, or causing or attempting to Juchasare distressby* ieyied distress and sale- of said 'wharves, and the lot or break up the same, or the owner or owners,. master, con- ^Jr^a"(<> •and sale, lots thereunto appertaining, orffiy any other execution or signee or'consignees, or other person or persons having theTncum- process against the person or property of the defendant ox charge of said [such] vessel, wreck, or-hulk, shall forfeit „raav^t^n „ defendants. r l and pay to said commissioners for the use of said river a sonTvho"" § And be it further enacted by the authority aforesaid, penalty not exceeding two hundred dollars, to be assessed shall cause That if any vessel, boat, flat, ark, hulk, wreck, crib, raft, or by said commissioners, which may bev recovered in any thinking erectiqn. shall be sunk, or caufeed, permitted, or suffered to* court of competent jurisdiction. * ' ofvesg, be sunk in the river Savannah, between Ray's Hall and the . § 5. And be it further enacted by the authority aforesaid, Commis- in'said ° ocean, or to drift up and down saidriver, or to lodge, to the That whenever any vessel, wreck^ or hulk in said river *«!!»?« ^a^ioyf injury and anndyance of the navigation thereof, against the shall be deemed by said commissioners to be unseaworthy ^s^cail. anceof wharves, banks, shores, or sides thereof, or any of them, the 'or liable to sink, it shall and may be lawful for said com- seaworthy subjecttQ1' person who shall so sink, or cause to be sunk, or permit or missioners, and they are hereby authorized to cause a no- ^0b^e* a penalty -suffer the same to be sunk, or to drift or lodge as aforesaid, tice or requisition to be given to, or served on the owner within to be as- , '• » c. • . 7 ^ & . jT . threeday* sessed and or the owner or owners, master, consignee, or consignees, or owners, master, consignee or consignees, or other per- to a desig- bythe'f1 or. other person or persons having charge of such vessel, son or persons having charge thereof, or any of them, re-n«atedspot Commis- boat, flat, ark, crib, raft, or erection, as aforesaid, shall for- quiring him, her, or them to remove such vessel, wreck, or sioners. j-ejt ar^j tQ ^ gg-j commjssioners for the use of the hulk, within three days, to such spot upon said shoal space river aforesaid, a penalty not exceeding five hundred dollars, as shall or may be designated in said notice or requisition ; to be assessed by said commissioners, which may be reco- and if such owner or owners, master, consignee or con- • vered in any court of competent jurisdiction. signees, or other'person or persons having charge of such -Farther And whereas, it frequently happens that vessels, hulks, or vessel, wreck, or hulk,.shall refuse, neglect, or fail to- re- pre ' wrecks', condemned or deerffed unseaiworthy, are dismantled move the same within said time to such spot as aforesaid, it and partially broken up at or near the wharves, where they shall be the duty of said commissioners, and they are hereby are left in a state liable to sink or otherwise become an ob- authorized and empowered to remove such vessel, wreck, struction to the navigation of the'river ; • or hulk, or-cause the same to be removed ; and the owner or Penalt,,onl sionersTf § Be it enacted by the authority aforesaid, That when- owners, master, consignee or consignees, or, other person whSraii or Pilotage ever any vessel, wreck, or hulk, deemed by the cpmmis- or persons having charge of such vessel, wreck, or hulk, oVvesTeis sioners to be or likely to become an obstruction as aforesaid, shall forfeit and pay to said commissioners for the use of same, bulks, &c.'it shall be the duty of the commissioners to require of the said river not exceeding the surh of two hundred dollars, moved6" person or persons, their agents'or legal representatives last together with all the costs, charges, and "expenses of such they "are having had chargevOf the same, to remove or cause to be removal, to be recovered in any court of competent juris-' .likely to removed said obstruction or threatened obstruction as afore- diction. stmctioTs said, to some spot on the shoal ground between Hutching § 6. And be it further enacted, That if any person or pnd and'Tir' condltions of sale or other disposition thereof, of and son or persons, owner or owners, shall forfeit and pay to t),e ocean .chaww fr°m the purchaser or purchasers, or person or persons other- said, commissioners for use of said river a penalty not ex- TOWNS.—1829, 481 Any per- son resist- ingor beating any of the Com- missioners or their agents guilty of a nnsde- meanor and subject to line and imprison- ment. Affidavit of the chair- man of the Com- missioners sufficient to found a legal pro- ceeding. Publication of this Act. ceeding five hundred dollars, to be assessed by said com- missioners, which may be recovered in any court of com- petent jurisdiction. § 7. And be it further enacted by the authority aforesaid, That if any person or persons shall resist, oppose, obstruct, or beat said commissioners, or surveyors, or them, or either of their agents, or servants, or any of them, in the perform- ance, execution, or carrying into effect of the services or duties, or any of them, hereinbefore mentioned, every such person shall be deemed guilty^of a misdemeanor, and on conviction thereof shall pay a fine, or be imprisoned in the common jail, or both, in the discretion of the court. § 8. And be it further enacted by the authority aforesaid, That whenever an action or cause of action shall accrue or arise within the intent and meaning of this act, the affi- davit whereon to found an attachment or other legal pro- ceeding, or to hold the defendant or defendants to bail thereon, may be made by thq chairman of said commis- sioners or their agent. § 9. And be it further enacted, That this act shall be published at the expense of the aforesaid commissioners once a month for the term of three months in each of the gazettes of the city of Savannah for six months. IRBY HUDSON, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 20th. 1828. JOHN FORSYTH, Governor. INo. 1457.] The one- aere lots on the east side of the Ocmulgee liver, op po- site Macon, included within the corporate limits of said town. That part of the town on the east side of tiie river to be called Proviso. AN ACT to extend and determine the corporate limits of the town of Macon,lying on the east side of the O.cmul- gee River, and to bring the Lots therein named under the corporate jurisdiction of the said town, and to name the part of the said town lying the east side of said River. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the promulgation of this actj the one-acre lots on the east side of the Ocmulgee river, opposite the town of Macon, in the county of Bibb, be, and the same are hereby declared to be within the corporate limits of said town, and that the said one-acre lots shall, and are hereby declared to be subject to all the ordinances and police regulations of the corporation of the town of Macon. § 2. And be it further enacted by the authority aforesaid, That all that part of the said town of Macon on the east side of the Ocmulgee shall hereafter, for the sake of desig- nation, be called and known as East Macon : Provided al- ways, that all ordinances or police regulations of the corpo- ration of said town shall be binding and valid over the lots first aforesaid, without designating in the said ordinances or regulations that they are to extend to East Macon. § 3. All laws militating against the foregoing are hereby repealed. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. Tuesday in January, eighteeen hundred and thirty, and On Commis- the second Tuesday in January every year thereafter, it shall Selected, be lawful for all persons, inhabitants within the corporate limits of said town, entitled to vote for members of the Le- gisjature, to assemble at some convenient place in said town, to be pointed out by said commissioners, and under the su- perintendence of two or more justices of the peace of said Whotopre- county to elect by ballot five commissioners, who shall 3£cu!on!aid continue in office for one year, and until their successors are elected; and if it shall so happen that such election shall not Provision take place on the day before appointed, it shall be lawful for e^cUon"0 the same to be held on any other day, in the manner and sbould be form before prescribed by this act, upon ten days' notice day p"e- e being given, in two or more public places in said town. scribed. § 3. And be it further enacted, That the aforementioned May pass commissioners, and their successors in office, shall have aws' power and authority to pass all laws, rules, and regulations, and all other matters of police, as shall seem to them condu- cive to the health, peace, and well-being of the inhabitants thereof; Provided, the same is not repugnant to the constitu- Proviso, tion and laws of this State and of the United States ; and shall have full power and authority to appoint such officers as may Appoint be necessary to carry into effect and execute such rules °fficers- and regulations. § 4. And be it further enacted, That said commissioners To have and their successors in office shall have corporate jurisdic- iveMhe011 tion over the fraction on which said town is situated, and all {^erethe other lots that may hereafter be laid out in said town ; and town is shall have exclusive control of all patrols and persons liable andato g'o- to work on the roads within the same. vera the § 5. And be it further enacted, That said commissioners May°ievy a and their successors in office shall have power to levy a poll- {^"'/nha-*' tax on the inhabitants and property of said town ; Provided, bitants. the poll-tax shall not exceed one dollar, and other tax shall Pr0VIS0* - not exceed that required by the State. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the -Senate. Assented to, December 21st, 1829. GEORGE R, GILMER, Governor. [No. 1458.] AN ACT to incorporate Vernon, in Troup County. Be it enacted by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That from and after the passage of this act Woody Dozier, Reuben St.ilwell, Franklin McLemore, Eliot Reed, and Homer Hines be, and they are hereby appointed commissioners of- the town of Vernon, and shall continue in office until sue- cessors are appointed according to the provisions of this act. § 2. And be it further enacted, That on the second Ppp Commis- sioners of Vernon in Troup County ap- Pointed. Their con- tinuanee in office* AN ACT to incorporate " the Augusta Independent [No. 1459.] Fire Company." Whereas, a voluntary association of individuals has been Preamble, formed in the city of Augusta, under the name and style of the Augusta Independent Fire Company,uvhose laudable object is the protection of the property of said city from de-< struction by fire, and to guard against a repetition of those awful calamities with which said city has been so frequently visited ; and whereas, the said persons, for the better enabling them to effect the object of their association, are desirous of being incorporated; Be it therefore enacted by the Senate and House of Re- Said 9om" presentatives of the State of Georgia, in General Assembly porated?0' met, and it is hereby enacted by the authority of the same, That Augustin Slaughter, Alfred Cumming, William T. Gould, Jacob G. McWhorter, Samuel H. Peck, and all others who are or may become members of said company by a'dmission according to the constitution and by-laws of said company, are hereby declared to be a body corporate in deed and in name, under and by the name and corporate style of " the Augusta Independent Fire Company;" and Their style, by that name shall have a perpetual succession of officers and members ; and by said name shall sue and be sued, plead May(SUe and be impleaded in any court of law or equity in this State ; a^ddbe and shall have power to make and use a common seal, and useasom- the same at pleasure to break, change, or alter ; and the full monseai. and complete power of establishing, changing, and amend- May mafce ing such constitution, by-laws, and regulations, as" may have a constim- beent already, .or may hereafter be framed and adopted by the by-laws. 4S3 . . . ' TOWNS.—1823. / Proviso, officers and members of said company ; Provided, such con- and made a body politic, under the name and style of the stitution, by-laws, and regulations be»not. inconsistent with " Commissioners of the town of Bambridge," with the power Theirmyfe. the constitution and laws of the State or United States. ' of using a common seal, suing and being sued, pleading and May „«e a Mayim- § 2. And be it further enacted, That the said company being impleaded, and doing and performing all other acts a*»?expel' may impose fines, and enforce the collection of the same by incidental to corporations of like kind. sued,b&c. members. any means not inconsistent with the judiciary and laws of ' § 2. And be it further enacted, That the corporate limits cor^raii the State.; and may also expel members, with a forfeiture, of said town shall be designated as follows: commencing of all interest in said company, under such rules and fegu- at the river, at the corner of fraction number two hundred ^ lations as. are or may be by said company established. and twenty-five and two hundred and ,twenty-six, thence a Deeds of § 3. And be it further enacted, That all deeds of property south-east direction thirty-one chains and ninety-one 'links, boated10 intended to 'be conveyed by said company shall be sealed thence due south twenty-two chains thirty-six links, thence co'r^orate ^ corporate seal, signed by the captain, and counter- a due west direction thirty-eight chains, thence due north ■eai^and signed by the secretary of said company, with such other* fourteen chains seventy-five links to the river, thence up theCaptain formalities as the existing laws of the State require. . the low-water mark of said river to the point of beginning, and secre- §*4. And be it further enacted, That no bill, bond, note, § 3. And be it enacted, That all acts or parts of acts Repealing Bonda, * or other obligation for money, or other thing, or any instru- operating against this act be, and the same are hereby tobeSsi^Ced ment or transfer of any negotiable security or instrument,' repealed. t . WARREN JOURDAN, by the Cap- shall be binding on said company, unless signed by the cap- ' > Speaker of the House of Representatives, loumer- tain and countersigned by the secretary of' said company. ^ , , THOMAS STOCKS, theTsecre- § 5. And be it further enacted, That the said company in , ' President of the Senate. tary.e.cre~ its corporate name may contract and be contracted with, and Assented to, December 22d,, 1829. panymay *n name sell and convey property at any time belonging ' GEORGE R. GILMER, Governor, sen and re- to said company, both 'real and personal, and deceive gifts, * - ■ • ———f perty.pr°" donations, legacies, gratuities, and conveyances by deed, will, AN ACT to extend the jurisdiction and powers of the [No. H62.j writing, or otherwise, for the use qnd benefit of said com- - Corporation'of the'citi/ of Savannah for certain pur-. . pany ; and ar£ declared to be invested with all privileges, poses, and to allow persons residing within the said powers, and advantages, rights, immunities, exemptions, and umits to vote for Aldermen of the said city. franchises of a body corporate, for the purposes of their in- ; Be it enacted by the Senate and House of Representatives Tjejuj- stitution: • . : • „ of the State of Georgia, in General Assembly met, and it is limusofihe §?; And be further enacted, That all officers and" men herehy enacted by the authority aforesaid", That from and exempt of said company shall be exempt from military duty, except after tjje passage of this act, the jurisdictional limits of the tended one nary miii" 9a®® ° ware mvasion, or insurrection. ' ^ city of Savdfhnah. and the hamlets thereof shall be extended mile' ua duty. , 0 t yvARREN JOURDAN,' to one mile beyond the present jurisdictional limits as fixed < Speaker of the House of Representatives, by lawj 'for >the purposes * only which ""are hereinafter spe- ' ' . THOMAS STOCKS, < cified. - > 1 * President of the Senate. * 2. And be it further enacted by the authority aforesaid, The'Ahyor Assented to, December 22d, 1829; _ r> ' ^at may°r an(1 aldermen of the said city shall have the uder" ' GEORGJ2 R. GILMER, Governor, control and regulation of all shops, stores, or bar-rooms that J^yecon- ■ , ~ ■ . now are or may hereafter be erected within the said extended shops, &c., 1 AN ACT.fo amend an Act,entitled An Act to authorize limits, and shall have the sole regulation and power of go- tended6 and provide for the building of an Arsenal in the city verning and directing taverns and granting licenses for re- limits. of Savannah, for the preservation and better security tailing liquors, withih such extended limits, under such rules of the arms and munitions of wat, the property of the and regulations as may from time to time seem advisable. 4 State'iji said city. l, § 3. And be itfurther enacted. That all persons residing Anpereom aii arms Be it enacted by the Senate and .House of Representatives within the said extended limits shall be entitled to vote for i7mttsenit.d tionsmoTU~ of the State of Georgia, in General Assembly met, and it is aldermen of the said city and hamlets, in the same manner tied to vote irigTcfthe8" hereby enacted by the authority of the same, That from and and'upon the same conditions as if they resided within any men!' " corporation after the passing'of this act, it shall and may be lawful for of the wards of the said city; Provided, that nothing in Proviso, naiffo be the corporation of the city of Savannah, or any and every this act shall be construed as to authorize the mayor and faUieA^ volunteer corps now, or which may hereafter be Raised in aldermen of the said city to impose any tax upon persons or senai. said city, to deposite in the arsenal about to^be erected in property in the aforesaid extended limits, except taxes for said city all arms and munitions of war belonging to the said licenses aforesaid, and fines imposed by any ordinance of , corporation^ or any volunteer corps of said city now, or. said corporation made to Carry this act into effect, which may hereafter be raised therein. § 4. And be itfurther enacted, That all laws and parts of Repealing ^pealing § 2. And be it further enacted, That* all laws or parts laws militating against this act be, and the same are.hereby clauiie* cause. jawg militating against this act be, end the same are repealed. WARRJ2N JOURDAN, hereby repealed. WARREN JOURDAN, ' Speaker of the House of Representatives,. • * Speaker of the House of Representatives. , THOMAS STOCKS, „ THOMAS STOCKS, • President of the Senate, i President of the Senate. Assented to, December 22d, 1829. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. GEORGE R. GILMER, Governor. . , ' AN ACT to make permanent the site of Public Build- [No. h«3] [No. i46i.]_an ACT to incorporate the town of Bainbridge, in- Be- ings in the town of Campbellton,< in the County of catur County. * Campbell, and to incorporate the same. , sioiierg5" to enacted by the Senate and House of Representa- Be it enacted by the Senate and House of Representatives named for tives of the State of Georgia, in General Assembly met, and of the State of Georgia, in General Assembly met, and it is camped Bainbridge^ ** hereby enacted by the authority of the same, That from hereby enacted by the authority of the same, That the pub- i« Decatur and immediately after the passage of this act, Peter Cohen, lie buildings in the town of Campbellton, Campbell county, manemai <"""¥• Daniel Belcher, Jejthro W. Keith, Matthew R. Moore, and shall be and remain permanently located and fixed at and^®"I,be « Jeremiah H. Taylor be,' and they are hereby incorporated upon the place which said town now occupies." TOWNS.—1829. 483 commu- § 2. And be it further enacted, That Gilbert Coffee, Sa- sauuown muel Keller, Thomas Smith, Andrew Clark, and John M. An- appointed, thony be, and they are hereby appointed commissioners for the said town of Campbellton. bvYws33 § 3. And be it further enacted, That the said commis- &c. ' sioners for the said town of Campbellton, or a majority of them, shall have power and authority to pass all by-laws and ordinances which they or a majority of them may deem ne- cessary and expedient for the well government and good ^oiiect a 0r^ev *'ie same i *o lay and collect a tax for the support [ax. * of said town, and do all other things as a body corporate which may not be repugnant to the constitution of this State or the United States, jurisdic- * § 4. And be it further enacted, That the corporate author- commis-6 anc* jurisdiction of said commissioners shall extend to «ioners. and be exercised oyer all lots which now are or which may hereafter be laid out within said town. Commis- § 5. And be it further enacted, Th^t on the first Saturday ^"elected. *n Janua,7> of the year eighteen hundred and thirty-one, and on the first Saturday in January in every year thereafter, all free white male persons who have resided in said town ten days previous, who are entitled to vote for members of the General Assembly, shall assemble at the court-house in said town, and by ballot elect five commissioners, who shall coil- itinue in office one year and until their successors are elected; Who to at which election one or more magistrate or a judge of the thereat. Inferior Court of said county shall preside ; and in case of Vacancies, the removal, resignation,, or death of any of said commis- sioners, the remaining commissioners or a majority of them, shall have power and authority tp fill such vacancy for the time being. rruvision § 6. And be it further enacted, That if said election should ejectionthe not take place on the day pointed out by this act, it shall be takepiace' f°r ^ to on any other day, ten days' notice of on the (fay the same being given by a justice of said county or [any] one prescribed. or more 0f commissioners. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCPCS, President of the Senate. Assented to, December 3d, 1829. GEORGE R. GILMER, Governor. [No. 1464.] AN ACT to incorporate St. Mary's Library Society. Names of Be it enacted by the Senate and House of Representatives members"4 °f ^ie State of Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid, That Archibald Clark, president, E. Mcintosh, vice-president, M. Miller, treasurer, R. Clark, secretary, and W. Aldnach, M. Al- berti, L. Church, P. Clark, B. A. Copp, H. Elbert, J. Hick- man, J. H. Mcintosh, II. R. Pratt, J. Stotesbury, L. Shaw, H. R. Sadler, O. Poincey, E. Desclaux, M. Smith, H. Ba- Their style, con, A. Steele, II. Lang, be members of the " St. Mary's Library Society and the successors of the said officers and all and every person or persons who may hereafter be- come members of the said society shall be, and they are Made a hereby declared to be a body corporate in deed and in name, porate.01" by the name and style of " St. Mary's Library Society;" and by the said name shall have perpetual succession of officers May use a and members, and a common seal to use, with power to make, alter, change, and amend such by-laws and regulations Muke by- as may be agreed upon by the members of the said society; Proviso. Provided, such [by] laws be not repugnant to the constitu- tion and laws of the State. May sue § 2. And be it further enacted, That the said association tZT Persons and tbeir successors shall have privilege to sue for ci,''y- 8°~ and recover all moneys that,now are or may hereafter become due to said society by any name and in any manner what- soever, and the rights and privileges of the said society in Hold pro- any court to defend and to receive, to hold real and personal my>&c' property, and to take and apply all or any donations made PPP2 to said society; and generally they shall, and are hereby declared to be vested with all the privileges, powers, and advantages, rights, and immunities of a society of people incorporated for the purposes intended by their institution. WARREN JOURDAN, Speaker of the House of Representatives. THOMAS STOCKS, President of the Senate. Assented to, December 19th, 1829. GEORGE R. GILMER, Governor. AN ACT to appoint Commissioners to select a site for [No. i465.j the Public Buildings for the County of Randolph, and make permanent the Same. Be it enacted by the Senate and House ls' State of the time and place of said sale; the proceeds of farlaceeds of such sales of lots to be returned to the Inferior Court of said " county, as well as the lands purchased for the public site, as a county fund, reserving sufficient to pay for the puy- chasing the land for a county site and expenses incurred with regard to the same. § 3. And be it further enacted, That the Inferior and Su- courts and perior Courts and all other county courts and elections for the be heiTat0 county of Randolph shall be held at a place the Inferior ^ Court shall from time to time point out, until the commis- the inferior sioners appointed by this act shall have selected a site for the appoint*11'1 public buildings in the county aforesaid, and shall have pro- jg ceeded by a written notification to inform the Inferior Court made, of of said county of such place and circumstances ; and it shall be the duty of the justices of the Inferior Court of said Court is to county to advertise the same, stating the lot of land selected be nouflHi- for the public site in said county, at three of the most public places in the same, and it shall thereon immediately become the permanent site of said county. § 4. And be it further enacted, That it shall be the duty Court- of the Inferior Court of said county, so soon as the commis- e and sioners have selected a public site and run off and sold the lots in conformity with the provisions of this act, to proceed and let out the building of a court-house and jail in said couhty, after such plan and under such regulations as a ma- jority of them may think expedient, at such site. § 5. And be it further enacted, That nothing in this act shall be so construed as to compel the commissioners to a°t any"*' select a public site by any particular time ; but if it shall be ume* deemed inexpedient by them to select a county site they shall inform the Inferior Court of the same, stating their rea- sons for postponing the same, that no choice or purchase Fivanfthe shall be made until five of the commissioners agree to the si^i^to same. All laws militating against this act be, and the same a«ree- are hereby repealed. WARREN JOURDAN, Speaker of the Rouse of Representatives. THOMAS STOCKS, President of the Senate. Absented to, December 22d, 1829. GEORGE R. GILMER, Governor, 484 v ' TOWNS,—1829. \ [No. 1466.] AN ACT to establish and make permanent the Public resume, and exercise such authorities within the corporate Site in the County of Wayne. limits of said town until the succeeding second Monday The public Be it enacted by the Senate and House of Representatives in January .following such neglect. . Wayne of the State of Georgia, in General Assembly met, and it is §4. And be it further enacted, That no resignation of Resigns. Co5nty , hereby enacted by the authority of the same, That from and any commissioner of the town aforesaid shall exonerate him commi*. manenfon after the first Monday in January next the site for the court- from the liabilities herein provided, unless notice thereof kuglveiito house and public buildings for the county of Wayne shall be shall have been given to one of the commissioners of roads rate him the County established and made permanent on a four-acre lot of land and the captain or commanding officer of the district in- S2SS" given to the said c°unty by William Clemants, esq.', for the eluding said town. purpose of establishing said court-house and public buildings § 5. And be it further enacted, That all laws or parts thereon, on the south side of said Clemants' mill-branch, of laws militating against this act be, and they arehereby near where the court-house road crosses,, the said branch, repealed,- WARREN JOURDAN,^ ^ about one mile from the village .of Waynesville, and about Speaker of the House of Representatives. ' four miles from Amnion's ferry on Great Satillariver. .THOMAS STOCKS, * The Courts § 2. And be it further enacted, That the courts in the , President of the Senate. !o blheid county of Wayne- shall from the said first Monday in Janu- Assented to, December 19th, 1829. at said site. ary be held; and the other public business ofvthe county GEORGE R. GILMER, Governor, shall bq transacted at the aforesaid public site in- the said , ! county.. AN ACT to amend an Act entitled An Act to incor- [No. i468.j Elections to § 3. And be it further enacted, That the elections for the porate the town, of Darien. ' said site3' Governor, Representatives to Congress, members to the Be it enacted by the Senate and House of Representatives Election of and at the State Legislature, electors to "vote for President and Vice-1 of the State of Georgia, in General, Assembly met, and it is j^'carien prec/uctL President of the United States, and county officers] shall bey hereby enacted by the authority of the same, That from and t(?take after the said first Monday in January next, held at the afore- after the fourth Monday 'in November, eighteen hundred and theflrs™ said public site, except those places already established by* twenty-nine, the election of aldermen for the city of Darien September* » law in said county as election districts, heretQfOre passed shall take place on the first Monday in September ensuing,, annually, the twenty-second of December, eighteen hundred and and on the first Monday in September in every year there- twenty-five., , . ' \ after. Repealing § 4. And be it further enacted, That all laws or parts of '§ 2. And be it further enacted, That the aldermen elected When their clause.) jawg mjbtatjng, against this act be, and the same are hereby on the first Monday in September next shall commence ^ m"'8 repealed. WARREN JOURDAN, their duties on the fourth Saturday in November thereafter, menee- Speaker of the House of Representatives, and after r11 future elections on the first Saturday in Sep- - , THOMAS STOCKS, tember of each year. . ,' ' ' President of the Senate. §3. And be it further enacted,That all laws or parts of Repealing Assented to, December 4th, 1829. laws, militating against this act.be, and they are hereby clause" GEORGE R. GILMER, Governor, repealed. WARREN JOURDAN, —: 1 Speaker of the House of Representatives. [No. 1467.] aN ACT to amend an Act, entitled An Act to define the . THOMAS STOCKS, , duties and. authority of the Commissioners of the . v ■ ' President of the Senate. town of Lawrenceville,* in Gwinnett County, passed Assented to,. December 19th, 1829. <■ December the twenty-second, eighteen hundred and 1 GEORGE R. GILMER, Governor. twenty-three ! ' ———. ^ Preamble.' Whereas, the before-recited act invests the commissioners AN ACT to establish rates of Dockage, Wharfage, and^ 1469-1 ', ofj the town of Lawrenceville with exclusive authority to ' Storage in the city of Savannah, and to repeal all r regulate road and patrol duty within the corporate limits of tows or parts of laws militating against the same. 'said town; and whereas, experienUe has shown that such Whereas, by a vast increase of trade in this Stateimany arti- Preamble, authority requires limitation " cles are now imported into and exported from it, for which The Com- Be it therefore enacted by the Senate and House of Repre- no rates of wharfage for landing and for shipping at the port qfLaw-rS sentatives of the State of Georgia, in General Assembly met, of Savannah are specified by any former act; heidliabfe an^ ^ hereby enacted by the authority of the same, That Be it enacted by the Senate and House of Representatives owners^ as Road from and after, the second Monday In January next the com- °f the State of Georgia, in General Assembly met, and it Piersof S£Sra. missioners of'the said.town shall, for neglect of duty in re- is hereby enacted by the authority of the same, That from regard to , gard to road or street regulations, be held accountable and and immediately after the passage of this act the several flowed h> andstreets! liable in the same manner and to the same authorities as owners or occupiers of wharves in Savannah shall be allowed Sear^harf- commissioners of roads are in the county of Gwinnett to charge, demand, and receive the several rates hereinafter Also liable; ' § 2. And be it further enakedby the authority aforesaid, mentioned, -for the wharfage or dockage of vessels lying at SenfSce1 That the commissioners of said town;shall, .for neglect or the wharves for the landing of produce and other goods, and paf^duty,,fajlure to enforce the necessary patrol regulations within the f°r the shipping of the same, and for the storage thereof, and of militia? corporate limits of said town, be'amenable in the same man- no more; that is to say, ner and to the same authorities as officers of militia are for a Rates of Dockage, Wharfage, Storage. like failure of duty. . Anvils, three cents each. dw*a°«f Provision § 3. And be it further enacted, That on the failure of the Anchors, five hundred pounds and under twelve hundred etectfonls citizens of said town entitled to such privilege to elect . pounds, twelve cents. ^e.810*" commis- commissioners thereof on the second Monday in January in Anchors of twelve hundred pounds', eighteen cents ; and up- sionerson any year, or on failure on the part of such commissioriers wards of twelve hundred pounds, twenty-five cents, pofmedm" so elected to qualify within five days after such election, or Butts, and casks two hundred gallons and upwards, twenty- roadand *n case a vacancy existing at any time thereafter for the five cents, patrofregu- space of twenty days in the offices of a majority of the board Barrels ale, apples, three cents. lations. , of commissioners aforesaid, then and in any such case the Barrels alcohol, five cents. < authorities invested with road and patrol regulations within Barrels beef, beer, bread, bacon, three cents, the district in which said town is situated shall respectively Barrels coffee, corn, cider, three cents. TOWNS.—1829. Barrels, empty, one cent. Barrels fish, flour, three cents. Barrels gunpowder, one hundred pounds and upwards, five cents. Barrels gunpowder, under one hundred pounds, four cents. Barrels gin, five cents. Barrels hams, herrings, or indigo, three cents. Barrels lime, four cents. Barrels molasses, five cents. Barrels nuts or onions, three cents. Barrels oil, five cents. Barrels potatoes, pitch, plaster paris, porter, pork, pimento, pepper, three cents. Barrels rice, same in half-barrels, four cents. Barrels rosin, three cents. Barrels rum and other spirituous liquors, five cents. Barrels salt, sugar, turpentine, tar, three cents. Barrels vinegar, wine, and whiskey, five cents. Barrels, halves, and half-quarter casks of liquors, three cents. Barrels, halves, of provision, ale, beer, cider, &c., two cents. Bolts, bagging, canvass, duck, oznaburgs (or per piece), two cents. Boxes dry goods, upwards four feet square, six cents. Boxes dry goods, under four feet square, four cents. Boxes axes, candles, chocolate, cheese, cordials, dates, figs, glass of fifty feet, herrings, indigo, prunes, raisins, starch, segars, tin plate, two cents. Boxes lemons and oranges, three cents, sugar, five cents. " tobacco, three cents. ^ Bales cotton, five cents. Bales bagging, canvass, carpeting, blankets, and other dry goods, five cents. Bales deer-skins, five cents. Bales hay, six cents. Bales empty bottles, five cents. Baskets, nests, two cents. Baskets oil, wine, cordial, _&c., two cents. Bacon, per thousand pounds, thirty-seven and a half cents. Bark (tanners') per cord, thirty-seven and a half cents. Bellows (house), two cents. Bellows (blacksmiths'), six cents. Brick' and tile, per thousand, twenty-five cents. Bundles brooms, bandboxes,- collars, hames, pans, scythes, spades, shovels, trees, vines, vices, &c., three cents. Bags almonds, coffee, cocoa-nuts, pepper, pimento, ginger, three cents. Bags grain, one cent. Bags shot, one-half cent. Ballast, per ton, twenty-five cents. Bale rope, per coil, three cents. Cultivaters, six and one-fourth cents. Corn-shellers, six and one-fourth cents. Cambooses, twenty cents. Cheese, per hundred pounds in bulk, two cents. Carriages of four wheels, one dollar. Carriages of two wheels, fifty cents. Chairs (sitting), one cent. Carboys vitriol, three cents. Cannon carriages, three cents, pordage, per coil, three cents. Cannons of six hundred pounds and under, twenty-five cents. Cannons over six hundred pounds, fifty cents. Cables (chain), per ton, twenty-five cents. Coal, per ton, thirty-five cents. Crates crockery, onions, &c., ten cents. Cabbages, per hundred, twelve and one-half cents. Casks crockery, coffee, eight cents. Casks cheese, four cents. Casks porter, six dozen and upwards, eight cents. Cattle, bulls, oxen, cows, twenty-five cents. Demijohns liquor, two cents. Demijohns, empty, one cent. Furniture, tables, bureaus, &c., six cents. Fish, dry, per hundred pounds, two cents. Furnaces, portable, two' cents. Grain in bulk, barley, corn, pease, wheat, and other kinds, per hundred bushels, twenty-five cents. Hams, each, one-half cent. Hogsheads liquors, molasses, oil, &c., eighty gallons and upwards, ten cents. Hogsheads* sixty gallons and upwards, eight cents. Hogsheads sugar, one thousand pounds and over, twelve and one-half cents. Hogsheads sugar, under one thousand pounds, eight cents. Hogsheads coffee, seven hundred pounds and over, ten cents. Hogsheads coffee, under seven hundred pounds, eight cents. Hogsheads dry goods, twelve and one-half cents. Hampers bottles, six cents. Hampers potatoes, two cents. Horses, mules, jackasses, &c., thirty-seven and one half cents. Iron, bar and pig, per ton, twenty-five cents. Iron, hollow ware, and other castings, each under forty pounds weight, one cent. Iron, hollow ware, over forty pounds weight, per hundred pounds, two and a half cents. Iron grates, stoves, &c., six cents. Iron pots, kettles, and ovens with covers, dogs per pair, wagon boxes per sett, to be considered as one piece, one cent. Jugs, jars, and other clay and stone ware, one-half cent. Jugs pickles, grapes, raisins, &c,, one cent. Kegs nails, tobacco, three cents. Kegs, fifty pounds and under, two cents ; over fifty pounds, three cents. Kegs liquor, twenty gallons and under, two cents. Kegs powder, per twenty-five pounds, two cents. Kegs biscuit, crackers, lard, &c., one cent. Kegs paints, and others, same size, one cent. Kegs shot, lead, &c.,per hundred pounds, one cent. Lumber, timber, boards, and other sawed lumber,per thou- sand superficial feet, thirty cents. " mahogany, per thousand superficial feet, forty cents. 44 pipe and hogshead staves, per thousand, thirty cents. " barrel staves, per thousand, twenty cents. 44 heading for pipes and hogsheads, fifty cents. 44 heading for barrels, twenty-five cents. " shingles, twelve and one-half cents. 44 reeds and hoops, per thousand, twenty-five cents. 44 laths, twelve and one-half cents. 44 light wood, cedar posts, and other logs, each, one- half cent. Nests tubs, three cents. Onions, per one hundred ropes, twelve and one-half cents. Oranges, per thousand, twelve and one-half cents. Pipes liquor, one hundred gallons and upwards, twelve and one half cents. " of sixty gallons and upwards, eight cents. " halves, under sixty gallons, six cents. 44 quarters, under forty gallons, five cents. " eighths, under twenty gallons, three cents. Ploughs and cultivaters, six and one-fourth cents. Pineapples, per hundred, six cents. Potatoes, per hundred bushels, twenty-five cents. Paper, bundle of two reams (printing), two cents. 44 wrapping, one ream, large size, two cents. 44 wrapping, small, per ream, one cent. 44 writing, per ream, one cent. Quarter casks, under forty gallons and over twenty, five cents. Salt in bulk, per hundred bushels, twenty-five cents. Salt in bags, per bushel, one-half cent. Stones, ballast and paving, per ton, twenty-five cents. Stones, mill, large, each, twenty-five cents. m UNIVERSITY.—1820. Stones, mill, small, each twelve and a half cents. Stones, grind, one and one-half cents. Stones, quern, six cents. ' . Stones, marble, per ton, fifty cents. Sheep, each, six and one-fourth cents. Sofas, each, twelve and one-half cents. Settees, each, ten cents. v ; Stills, two hundred gallons and over, twenty-five cents. Stills, under two hundred gallons, twelve and a half cents. Sugar boilers, small size, six and one-fourth cents: Sugar boilers, large size, twelve and a half cents. Tobacco in hogsheads, twenty cents. Tobacco in kegs "and boxes, three cents. Tierces goods, sixty gallons rind under, eight cents. Tierces goods, forty gallons and under, five cents. Tierces rice, and halves, four cents.' . , ' • Trunks goods, four cents. • , Trunks, empty, three cents. Tea chests, fifty pounds; and upwards, five cents. " ," under fifty pounds, three cents. , " " under twenty pounds, two cents. Wagons, large two-horse, fifty cents. \ - Wagons, small one-horse, twenty-five cents. ; Wheelbarrows, each six and one-fourth cents. Every other article in proportion to the foregoing rates'; Goods lying on wharf more than two nights after two work- ing days, to be subject to storage rates. Storage on cotton, per week, for the (first and last week, eight cents, and for each intervening week, five cents. v Rice,-per week, six cents. . Tobacco, per hogshead, twenty cents. ' Every other article, the same as its wharfage. Dockage of vessels, per day, under one hundred tons, em- ployed, fifty cents. u ? under one hundred tons, when idle, one dollar. " " overone hundred tons, employed, seventy-five cents. " " when idle, one dollar and fifty cents. § 2. And be it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. WARREN JOURD AN, , Speaker of the House of Representatives. I, , t ^ , THOMAS STOCKS," , . - President of the Senate. Assented to, December 22d, 1829. ' ' . ■ GEORGE R, GltMER, Governor. AN ACT to make permanent the Public Site in theW°-W] , County of Carroll; to name, incorporate, and appoint Commissioners for the same. Be it enacted by the Senate and House of Representatives puhiie of the State of Georgia, in General Assembly met, and it is rou eoumy hereby enacted by the authority of the same, That froth" and ^0®d1^,jlnot after thejjassing of this act, the public site for the county of the loihuis. Carroll shall be, and it is hereby permanently fixed, located,1 let' and incorporated on lot number one hundred and twenty- eight, in the tenth]district of said county ; the corporate limits of which shall extend over said lot of land, § 2. And be it further enacted, That said public site be, Commit and it is hereby named Carrollton ; and Henry Curtis, Hiram ^lnteSd(ap" Sharp, William Bryce, George,Gibson, Giles S. Boggus, and wt»»niay ' their successors in office, be, and they are hereby appointed ET«.y" commissioners for said town, with full power and authority to £tass any by-laws for the regulation of said town that they may think proper; Provided, nothing-fierein contained shall Proviso, be so construed as, to authorize said commissioners to pass any by-law contrary to the laws and constitution of this. State, and the constitution of the United States. § 3. And be it further enacted, That said commissioners incorpo- be, and they are incorporated, with the right to sue and be waydgUe sued in their corporate name, and to collect all fines by them and be imposed, agreeable to the provisions of this; act.' §4. And be it further enacted, That dll Superior and ^ Coung Inferior Courts and other business of a public nature in and other said county^be, and they shall hereafter-be held and done at behest'0 said village of Carrollton; Provided, nothing herein cop- ^®or^u,n- tained shall be so construed as to repeal, alter, or amend an r0vl>0' act to, establish election districts in said county. % §5. And be it further enacted, That in case a vacancy Vacaneies. may happen in said commissioners, that the balance of said commissioners shall proceed to fill said vacancy by "ballot; . Provided, that a majority of said commissioners shall, in all Proviso, cases, concur in opinion. § 6. And be it further enacted, That all laws and parts of Repealing laws militating against this act be, arid the same are herebyolause" * WARREN JOURD AN, , Speaker of the House of Representatives. THOMAS STOCKS, h ' ' President of the Senate. Assented to,'December 22d* 1829. GEORGE R. GILMER, Governor, UNIVERSITY—1820. . ' * ' 4 [No. 1471.] AN ACT* for granting indulgence to the Purchasers debt or debts, should such additional bond or bonds and se- of University Lands upon certain conditions. curity be required by the Governor or solicitor general of The do- § 1 • Be it enacted by the Senate and House of Represent*-'the circuit in which such lands sold may lie' or where . vSrto' t^es of the State of Georgia, in General Assembly ket, and such purchaser or purchasers, his, her, or their security or cause suits it is hereby enacted by the authority of the same ,,That' after securities may reside.' £ ted insti" the first day of May next, the Governor of the State of § 2* Be ^ father enacted, That any security or securi- Anyscmi- against Georgia be, and he is hereby required to cause suits to be ties t5any Purchaser or purchasers aforesaid, who may con- /urchase/ SfffoS--instituted against purchasers of the' lands formerly belong- sider him' her' :or themselves endangered from the indul-my, ing to the University of Georgia, sold in pursuance of an gcnoe graJnte<1 »" the foregoing section, or from any other less fry the act passed 16th December, 1815, unless such purchaser or cause' and s^a^ n°tify the Governor thereof, he is hereby vernorto S.TS1' purchasers, his, her, or their agent or agents, shall, on' or authorized and required to cause suits to be instituted tn to,- before the said first day of May, pay into the treasury the conformity with such notice; any thing in the foregoing menced. due, and whole - amount of interest which may be then due on his, sec?tlcmthe contrary notwithstanding. . . S,her, or their debt or debts, and give additional bond with J,,3" Be "further enacted. That.nothing herein, containedtj-m, addRionai good and sufficient security, in aid of those already exist- shall so operate as to stay proceeffings m the cohection of ing, for the ultimate payment of his, her, or their respective ^ of the d,ebts forest,,), where it shall appear to the .Go- « rj if vernor or solicitor general aforesaid, that there is any rea-w the ^v»- • ♦ See other Acts, Noe. 941,1473,1474,1475, granting conditional indulgences.' sonahle apprehension that bv further delav said debt or debts verno UNIVERSITY.—1822. 4S7 the Solicit- or any part thereof may he lost or jeopardized; any law to u.aiGdeiaryal the contrary notwithstanding. DAVID WITT, mightocca- Speaker of the Douse of Representatives. 9W"l0S5* MATTHEW TALBOT, » President of the Senate. Assented to, December 21st, 1820. JOHN CLARK, Governor. [No. 14T2.1 an ACT* to provide for the permanent endowment of the University; and to appropriate moneys for the erection of a new Collegiate Edifice at Athens. neniPe™a" § Beit enacted by the Senate and House of Represent- dowment atives of the State of Georgia, in General Assembly met, versityUm~ an^ ^ ™ hereby enacted by the authority of the same, That ^co^and Permanent endowment of the university shall consist of if the bank a sum not less than eight thousand dollars per annum ; and fihUhedS ^at w^en it so happen that the dividends furnished by Treasurer the bank stqck granted to the university shall not be equal deficiency.6 to *he sum aforesaid, the- treasurer of this State is required to make up the deficiency semi-annually out of any moneys k in the treasury not otherwise appropriated, rnes offUS § And be it further enacted, That the trustees of Frank- Franklin lin College be, and they are hereby authorized and empow- Soriz«iato ere(*t0 collect and retain the sum of ten thousand dollars collect and from the fund arising from the sale of fractional surveys pre- So vious to the year of 1821 ; and for this purpose the Go- fund*??*- vernor> treasurer, and solicitor general of the Ocmulgee ingfrom circuit are required to afford all the information aqd aid in ffaectXs°f their power to such agent or attorney as the said trustees fhey'ear l° may aPPoint* ]82i. § 3. And be it further enacted, That the treasurer of surer of the ^is State be, and he is hereby required to pay to the trea- sate re- surer of the university the sum of fifteen thousand dollars pay6to "he out of the first m'oneys which may be paid into the treasury, of thTuni- ^or an<^ on account purchases made at the sale of the versity university lands ; which said two sums last mentioned shall !f5the°saJe applied, under the direction of said trustees, to the build- vers^6Uni a new co^e&iate edifice at Athens, lands, for § 4. And be it further enacted, That all laws and parts ingo^a" 1&WS militating against this act be, and the same are newcoiie- hereby repealed. DAVID ADAMS, edl" Speaker of the House of Representatives. * MATTHEW TALBOT, President'of the Senate. Assented to, December 21st, 1821. JOHN CLARK, Governor. tNo. 1473.] an ACT to grant indulgence to Purchasers of Univer- sity Land. indulgence § 1. Be it enacted by the Senate and House of Represent- nnhe pur- atives °f the State of Georgia, in General Assembly met, ciiaseis of and it is hereby enacted by the authority of the same, That iandIeon'ty after the first day of June next the Governor of this State be, wuditions. an(j jje js hereby required to cause suits to be instituted against purchasers of the lands formerly belonging to the university of Georgia, sold in pursuance of an act passed the sixteenth December, eighteen hundred and fifteen, unless such purchaser or purchasers, his, her, or their agent or agents shall on or before the said first day of June pay into the treasury the whole amount of interest which may be due on his, her, or their debt or debts ; also one-fourth part of the principal thereof which may now be due ; and give addi- tional bond with good and sufficient security in aid of those already existing, for the ultimate payment of his, her, or their respective debt or debts, should such additional bond or bonds and security be required by the Governor or soli- citor general of the circuit in which such lands sold may lie, or where any such purchaser or purchasers, his, her, or their security or securities may reside. * See Act No. 24, under Title Academies. § 2. And be it further enacted, That any security or secu- Rights rc- rities to any purchaser or purchasers aforesaid, who may ®h™securi- consider him, her, or themselves endangered from the indul- ties, gence granted in the foregoing section, or from any other cause whatever, and shall notify the Governor thereof, he is hereby authorized and required to cause suit or suits to be instituted ; any provision contained in the foregoing section to the contrary notwithstanding. § 3. And be it further enacted, That nothing herein con- TheGovcr- tained shall so operate as to stay proceedings in the collec- J^ifthiy tion of any of the debts aforesaid, when it shall appear to the deem H ne- Governor or the solicitor general aforesaid that there is any Siaya^o- reasonable apprehension, that by further delay-said debt or ec?,d tbe ii, rr i n i i, • Ti collection debts, or any part thereof, may be lost or jeopardized. of any of § 4. And be it further enacted, That the indulgence con- Nott^cx- templated by this act shall not extend to such purchaser or ^det^,h0 purchasers of university lands, his, her, or their heirs or as- faiildTo ° signs who failed or in anywise to comply with the requisi- ^p|^e tions of an act passed the twenty-first December, eighteen Act of hundred and twenty, entitled " An Act for granting indul- 1 ^ gence to purchasers of University Lands upon certain con- ditions." § 5. And be it further enacted, That all laws or parts of laws militating against this act be, and the same are hereby repealed. DAVID ADAMS, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 7th, 1821. JOHN CLARK, Governor. AN ACT supplementary to the several Acts heretofore ENo. 1474. passed, giving indulgence to the Purchasers of Uni- versity Lands. Be it enacted by the Senate and House of Representa- Provision tives of the State of Georgia, in General Assembly met, That ^uies^c where the security or securities to any bond given for the University purchase of university lands may have died or removed, or died.&c/6 where such security fails 01* refuses to file in the executive office his or her consent in writing, as pointed out by an act passed the present session, then and in that case it shall be the duty of the treasurer to receive such additional security as.in his judgment may secure the payment of said bond or bonds. And the principal shall in that event be entitled to all the privileges and benefits contemplated by the above- recited act, in the case of securities filing in the executive office their consent as aforesaid. ALLEN DANIEL, Speaker of the House of Representatives. MATTHEW TALBOT, President of the Senate. Assented to, December 21st, 1822. JOHN CLARK, Governor. AN ACT to require the collection of a certain part of [No. 1475.1 the debts due the University of Georgia arising from the Sales of the University Lands, made in conformity with an Act, passed the sixteenth day of December, eighteen hundred and fifteen, entitled An Act to author- ize the Trustees of the University of Georgia to sell the Lands belonging to the said University, and set apart the remainder as a permanent and annual Fund for the regular support of the said University. Be it enacted by the Senate and House of Representa- Purchasers tives of the State of Georgia, in General Assembly met, and ^ty^iands it is hereby enacted by the authority of the same, That pur- *° Pjw ^ chaser or purchasers of the university lands sold in con- day of m forraity with the above-recited act, who may not have paid JUISiaRf the one-half of the original debt or debts due by him, her, ^ amount or them to the said University, be, and they are hereby dufaml'iU 48S USURY.—1822. required to pay into the treasury of this State, on or before consider him, her, or themselves endangered from the themselves the.first /day of June next, so much of his, her, or their indulgence granted by the foregoing sections of this fict, or SytSeta?4 said debt or debts as may reduce the same to one-half of from any other cause whatever, and shall notify the Governor the amount originally due, with the whole amount of interest thereof, he is hereby authorized and required to cause suits cau«e™uftt which may become due on the same up to the said first day to be instituted for the recovery of such debt or debts, in Jgj]* of June. 1 . the manner and form as if this act had never been passed ; Upon pay- § 2. And be it further enacted, That all such purchaser Provided always, that in order to entitle any principal to the Proviso. ,aameto be or purchaser^ who may in conformity herewith pay the said indulgence contemplated by this act, it shall be first neces- for the re- one*^a^' or w^° may ^ave already paid the same, shall not sary for .such principal to file in the executive office the maining6" be required to pay fhe remaining half during the continuance written consent of his securities to the allowance of such . half- of this act, upon his, her, or their paying into the treasury indulgence. annually, on or before the first day of every June thereafter, § 5. And be it further enacted, That all laws and parts of Repeating Proviso, the interest which may become due thereon ; Provided, that laws militating against this act be, and the same are hereby clause- nothing herein contained shall prevent his expelle(ncy thq repealed. '. . . Governor, or the. solicitor general of the circuit where such . ALLEN DANIEL, purchasers may reside, from prosecuting to judgment and ' Speaker of the House of Representatives, collecting any of the bonds aforesaid, where it may appear. MATTHEW TALBOT, that without such prosecution such debt is in danger of . President of the Senate, being lost, unless the principal or his securities shall come Assented to, December 2d, 1822. forward and enter additional security (which.shall be satis-, JOHN CLARK, Governor, factory to the treasurer), with the treasurer of the State, on < 1 all bonds on which suit is commenced, and pay all costs AN ACT to vacate the seats of Members of the Board Wo.ra.) V-. enaM, That where suits W • of » University of Georgia in 'certain extended3 been commenced, or hereafter may be commenced, in con-' cases» wiufhiave ^orm^y acts passed the twenty-first day of December, Be it enacted by ike Senate and House of Represent-Any mm- been sued eighteen hundred and twenty, and the seventh day of De- atives of the State of Georgia, in General, Assembly met, {^dof8 bonds'and ce,n^er» eighteen hundred and twenty-one, to give further and it is hereby enacted by the authority of the same, That trustees judgment indulgence to purchasers of University lands, after judgment from and after the passing of this act, if any member of the against*1 shall have been entered up against such debtor or debtors, board of trustees of the University of Georgia, being within tend two'' them. they shall have the benefit of this act extended to them, on the State, shall fail to attend at any two successive stated meetings paying into the clerk's office where said sui'ts are commenced meetings of the board, his seat as a member thereof shall JJjbig' one-half of the original debt or debts, and the whole of the become thereby vacant, unless he render an excuse, the suf- interest up to.the first day of June next, together with the ficiency whereof shall be determined by the board, cost which may have accrued in obtaining said judgment or . ' , , DAVID ADAMS, judgments, and give good and sufficient additional security to Speaker of the House of Representatives, the clerk, in the manner and form as in case of stays of • THOMAS STOCKS, execution. ' - , , President of the Senate. Whense- § 4. And be it further enacted, That any security or se- Assented to, December 17th, 1823. consider curities to any purchaser or purchasers aforesaid, who may . G. M. TROJJP, Governor. become va- cant. USURY.—1822. } t i INo. 1477.] AN ACT to alter and amende an Act, entitled An Act for per annum, shall not be void, but the principal due thereon reducing the Interest bf Money in this Province, shall be recoverable at law and no more. passed March twenty-seventh, seventeen hundred and § And be it further enacted by the authority aforesaid, No forfeit fifty-nine, so far as relates to Usurious Contracts. That no forfeiture shall be incurred by any person who here- bytaking ' What Be it enacted by the Senate and House of Representa- after may reserve or take more than eight per cent, per an- ™rethan effect of'he tines of the State of Georgia, in General Assembly met, num upon any contract, as contemplated in the first section interest, taking and it - is .hereby enacted by the authority of the sdmb, of this act; any law, usage, or custom to the contrary not- tSeTawftd That all contracts, bonds, notes, and assurances whatsoever, withstanding. . ALLEN DANIEL, interest. m!lc|e after the passage of this act, for the payment of any Speaker of the House of Representatives, principal or money, goods, wares, or merchandise, or other MATTHEW TALBOT, commodities whatsoever, to be lent, ovenanted, to be per- . President of the Senate. • formed upon, or for any usury, wherelipon or whereby there Assented to, December 23d, 1822. ehall be reserved or taken above the rate of eight per centum , JOHN CLARK, Governor. RESOLUTIONS WHICH ORIGINATED IN SENATE IN 1820. [N o. 1.] In Senate, November 28th, 1820. The Committee on Finance, to whom was Referred the peti- tion of William A. Knight, having had the subject under con- sideration, are of opinion that the prayer is reasonable, and ought to be granted; therefore recommend the following reso- lution: Resolved, That provision be made accordingly in the appro- priation law of the present session. Approved, December 11th, 1820. [No. 2.] In Senate, November 28th, 1820. The Committee on Finance, to whom was referred the petition of Thomas S. Swain, report, that they have had the same under consideration, and that it does *iot appear to them that Mark Pridgen, of whom the petitionef states himself to be the repre- sentative, ever was collector of the direct tax; and, upon appli- cation to the Comptroller General, he states that he has not in his office any evidence of said Pridgen ever having been such collector, no bond, as is usually required, having been given: and upon application to the Treasurer, it appears, that the sum mentioned in the petition, to wit, the sum of one hundred and nine dollars eighty-one and one fourth cents, had been paid into the treasury. The committee are therefore of opinion, and recommend, that the said sum be- refunded from the trea- sury to the said petitioner. Approved, December 11th, 1820. [No. 3.] In Senate, December llth, 1820. Resolved, That John M. Wade and Reuben Wilkinson, Esqs. be, and they are hereby appointed commissioners of Scriven County Academy, in addition to those already appointed. Approved, December 18th, 1820. [No. 4.] In Senate, December 14th, 1820. Resolved, That the Treasurer be, and he is hereby authorized to receive, under the tax act of this State, of any bank or banks, which may not have made their return or returns, within the time required by law : Provided, such return be made on or before the first day of February next; and that it should appear to the said Treasurer that the omission or neglect to make such regular return, has not arisen from any spirit of opposition or non-com- pliance with the law requiring it. Approved, December 21st, 1820. [No. 5.] In Senate, December 1th, 1820. Resolved, That his excellency the Governor, be authorized to pay out of the Contingent Fund, to the mathematician employed for surveying the Oquafanoca Swamp, the same price as has been heretofore allowed to surveyors for similar services, allowing a reasonable deduction for the difference of expenses; and to the commissioners the sum of six dollars per day; and to the' assistants employed by them the sum of one dollar per day, each, for their services: and that his excellency the Go- vernor be authorized to pay out of the same fund all reasonable expenses incurred in said services, deducting from said sum whatever may have heretofore been paid. Approved, December 18th, 1820. [No. 6.] In Senate, November 25th, 1820. Resolved, That Russel I. Daniel and William Ivendrick be, and they are hereby appointed commissioners of Broad River, in place of Andrew McEver, resigned, and Richard Bond, re- fusing to serve. Approved, December llth, 1820. [No. 7.] In Senate, December 19th, 1820. The joint Committee on Banks, having received from the President and Directors of the State Bank, an exposition of the standing and affairs of that institution; and having deliberately examined the same, recommend the following resolutions : Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the exhibit made of the affairs and standing of said bank is satisfactory, and that no fact has come to their knowledge which ought to impair the confidence of the public in the solvency of the institution, or the good management of the President and Directors thereof: And whereas the State of Georgia is extensively interested in the several banks heretofore incorporated by said State: And whereas the Legislature has a right to full, complete, and satis- factory information upon the subject of those institutions re- spectively, for the purpose of enabling the Legislature to correct evils, if any exist, and apply remedies, if any are required : Be it therefore further resolved, That the Presidents severally of the Bank of the State of Georgia, the Bank of Darien, the Planters1 Bank, and the Bank of Augusta, shall he required, annually, to give a minute statement of the standing and management of each of those institutions and their branches, for the twelve months immediately preceding the first Monday in October, in each year, and forward the same to his excellency the Governor for the time being, and be subject to the examination of the General Assembly, showing particularly the amount of specie in their vaults, the amount of debts due them, the amount of issues by each, and the amount of bills in circulation; the amount of deposits, and the highest amount due and owing by each of said banks. Approved, December 21st, 1820. [No. 8.] In Senate, December Is?, 1820. Whereas, John M'Kennie, tax collector of the County of Lincoln for the year 1819, having been prevented by the un- expected adjournment of the Superior Court at their last term, from laying before the Grand Jury of said county, a list of insolvent debtors for taxes : Be it therefore resolved by the Senate and House of Represen- tatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the said tax collector be indulged until the first day of March next, for the purposes aforesaid; and the Treasurer is hereby required to delay issuing execution 2 REfOLUTIONS.—1820. against the said tax collector, until the said first day of March: Provided, he shall pay over all taxes collected by him agreeable to law. , Approved, December 11th', 1820. [No. 9.] ,In Senate, December 15$, 1820. The joint Committee on Finance, to whom was referred the communication of A. G. Saffold, Solicitor General of the Ock, mulgee Circuit, through his excellency the Governor, relative to bonds and notes due the State, for the, purchase-money of fractions heretofore sold, have duly considered the same ; and, while they deeply regret the large probable amount which, from the statement of the said Solictor General, will be finally lost to the public treasury, from the desperate condition of those debts, feel additional regret that the day seems to be gone by, t when any healing measure might be applied by the Legislature,, ' to cure the radical errors in which those losses have originated. They therefore can only beg leave to recommend the adoption of the following resolutions, vi?.: ^ • Resolved, .That his excellency the Governor be required to. instruct the Solicitor General of the Ockmulgee Circuit to con- tinne his unremitted researches, to ascertain, to the full extent, the situation of the claims of the State, on account of the said fractions, and his best efforts to collect balances due, as speedily as possible. , , . " Resolved further, That if, in the opinion of his excellency, it would best attain the object of collection,of the claims afore- said, he be empowered to appoint some ,active and competent person, in addition to the Solicitor General aforesaid, to make collection of the amounts due the State, as aforesaid, with an, allowance of ten per centum, on the amount by him collected. , Resolved, That his. excellency , the Governor be, and he is hereby requested,, to pay Adam Gv Saffold, Solicitor General of the Ockmulgee Circuit, out of the contingent fund, such com- pensation as he may deem reasonable and just, for the perform-- ance of the duties required of him, by a joint resolution of the General Assembly, approved the 20th December, 1817.- Approved, December 2lst, 1820. r [No. 10.] In.Senate, November 8$, 1820. Whereas, the questions agitated at the last session of the Con- gress of the United States, relative to the Missouri/and Tariff bills; and the consequent determination had thereon,, is of the greatest importance to the Union, and especially interesting to this section of the country; and, whereas the conduct of the Senators and Representatives from this State, in regard thereto, merits a decided expression of public approbation :' It is therefore unanimously resolved by the Senate and House of Representatives, in General Assembly met, That the thanks of the Legislature be, and are hereby tendered to them, with the full assurance^ that should those subjects be unfortunately renewed at' the ensuing session of Congress, a perseverance of their former efforts will receive the united and warm support of all the good people of the State of Georgia. > ■ It is further resolved, That his excellency the Governor be, and he is hereby requested to transmit to each of our Senators and Representatives in Congress, a copy of the foregoing resolutions. . Approved, November 18th, 1820. [No. 11.] , In Senate, November 16$, 1820. The joint committee appointed' to contract for printing the Laws, and Journals, &c. of the present session, report: That they have contracted with the Messrs. Gamak and Hines, for printing eighteen hundred copies of the Laws and Journals, at two and one eighth cents per sheet, for the Laws, and two and one fourth cents per sheet, for the Journals! The; Laws to be ■ ready for delivery by the first of February next, and the Journals first of March next. i ' . The committee beg. leave further to report, that they have had the documents which accompanied his excellency's com- municqtion before them, and recommend that the correspond, ence between his excellency and the honorable Jphn Q. Adams, Secretary of State of the United States, and others, be published; alsb so much of the documents in relation to the contract with the Steam-Boat Company, as exhibits a statement of the receipts and expenditures of said, company, and the contract as entered into by his esxicellenby the Governor with the Steam-Boat Company! , , Approved, December 21st, 1820. [No. 12.] . In Senate, November 16$, 1820. Resolved, That his excellency the Governor be, and he is hereby requested to lay before the Legislature, any information which may be in his possession, not improper to be. communi- cated, touching the state and condition of the Banks of the State of Georgia. ' Approved, November 18th, 1820. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1820. [No. 13.] In the House of Representatives, December 12$, 1820. Resolved, by. the Senate and House of Representatives in Ge- neral Assembly met, That the Governor be, and he is hereby authorized to draw warrants on the contingent fund, for such sum or sums as may be necessary to defray any state expenditure which may be required to carry into effect, the contemplated treaty with the Creek Indians: Provided nevertheless, That no expenditure is hereby contemplated, which of right ought to be defrayed by the Government of the United States. Approved, December 18th, 1820. [No. 14.] In the House of Representatives, k December 4th, 1820. Resolved, That Thomas Dooly, Jeremiah Rees, Pierson Pettit, Thomas White, and David Cooper, be, and they are herhby appointed trustees of the Wrightsboro' Academy, in the RESOLUTIONS.—1820. 3 county of Columbia, with the powers given by the several acts incorporating and regulating the said Academy. Approved, December 12t.h, 1820. [No. 15.] In the House of Representatives, December 4th, 1820. Resolved, That his excellency the Governor be, and he is hereby authorized and required to contract with some fit and proper person or persons, to make and do such repairs to the State-house as in the opinion of his excellency may be neces- sary, and that he pay for such repairs, when completed, out of the contingent fund. Approved^ December 12th, 1820. [No. 16.] In the House of Representatives, November 28th, 1820. The Committee on Petitions, to whom was referred the petition of William S. Taylor, report, that they have had the same under their consideration, and are of the opinion, that the prayer of the petitioner is reasonable, and ought to be granted. Therefore, Resolved, That his Excellency the Governor, be requested to suspend all proceedings against William S. Taylor, formerly tax collector, of the county of Mcintosh, and his securities, one year from and after the twenty-fifth day of December next. Approved, December 5th, 1820. [No. 17.] In the House of Representatives, November 28th, 1820. The committee to whom was referred the memorial of Mar- gery Simmons, have had the same under consideration, together with the documents accompanying it, and beg leave to report that the prayer of said memorial is reasonable and ought to be granted, and recommend that the Treasurer of this State be authorized to pay over to the said Margery Simmons, or to her order, the sum of forty dollars, out of any moneys, not otherwise appropriated. Approved, December 12th, 1820. [No. 18.] In the House of Representatives, December 14th, 1820. Resolved, by the Senate and House of Representatives of the State of Georgia, That Edmund Bowdie, Thomas N. Hamilton, Benjamin Leigh, Juriah Harris, and Walter Ariosto Applingj be, and they are hereby appointed commissioners of the Columbia County Academy. And be it further resolved, That the former commissioners of the said Academy be, and they are hereby directed afcd required to turn over and deliver up to the commissioners hereby ap- pointed, all the books, papers, apparatus, and other things in their possession, belonging to said Academy. Approved, December 21st, 1820. [No. 19.] In the House of Representatives, November 21 st, 1820. The Committee on Petitions to whom was referred the peti- tion of Sion Boon, have had the same under consideration, and are of opinion that the prayer of the petitioner is reasonable and ought to be granted. Therefore, Resolved, That his excellency the Governor be requested to suspend all proceedings against Sion Boon, and the other secu- rities of Joshua Boon, collector of the tax of Morgan county, for the year of 1818, for one year front and after the 25th day of December next. Approved, November 28th, 1820. [No. 20.] In the House of Representatives, December 12,1820, Whereas, by act of the General Assembly, passed on the 21st day of December, 1819, the form of a Digest, or Manual, of the Laws of Georgia, Was prescribed, and Oliver H. Prince, Esq., appointed to form and arrange said Digest, and to report the same to the Executive during the year 1820: And where- as the time limited by said act has been found too short for the performance of the work, Resolved, That the said Oliver II. Prince be, and he is hereby allowed a further time, until the first day of Septem- ber next, to form and arrange said Digest, and make report thereof, pursuant to the provisions of the before recited act. Approved, December 18th, 1820. [No. 21.] In the House of Representatives, November 11 th, 1820. Resolved, That James Mitchell, John Stubbs, and Thomas Hollingsworth, be, and they are hereby appointed Commission- ers of the Franklin County Academy, in addition to the former Commissioners of said Academy. Approved, December 5th, 1820. [No. 22.] In the House of Representatives, December 12 th, 1820. The joint Committee on Agriculture and Internal Improve- ment to whom was referred so much of the Governor's Com- munication as relates to the investment of a part of the fund set apart for internal improvement in steam-boat stock, have duly examined and considered the said communication, with the accompanying documents, and are of opinion that the con- tract that has been entered into by the Executive, with the Steam-Boat Company, more effectually secures the funds, and interests of the state than the mode and terms proposed in lieu thereof; and therefore recommend the following resolution: Resolved, That the Governor be, and he is hereby requested to adhere to the contract which he has already entered into and confirmed with the said Steam-boat Co/npany. And further, that he be requested strictly to enforce the conditions of said contract. Approved, December 18th, 1820. [No. 23.] In the House of Representatives, November lQih, 1820. Resolved, That Peter Blois be, and he is hereby appointed an Interpreter of Languages for the county of Chatham. Approved, Noveriiber 28th, 1820. [No. 24.] In the House of Representatives, November 16 th, 1820. The Committee on Petitions, to whom was referred the pe- tition of William Stroud, are of opinion that the prayer of the petitioner is reasonable ; they therefore, recommend the follow- ing resolution in his favor, viz.: Resolved, That the sum of seventy-five dollars be appropri- ated to William Stroud for his temporary support, and for the purpose of enabling him to procure such certificates as will place him on the pension list of the United States as a wounded soldier. Approved, December 18th, 1820. [No. 25.] In the House of Representatives, November 23d, 1820. The Committee of Finance, to whom was referred the peti- tion of Mary Robertson, beg leave to make the following report: Resolved, That Col. Richard Thomas, of Pulaski county, be, and he is hereby authorized and required to pay over to Mary Robertson, the widow of Bailey Robertson, deceased, what- ever sum of money he may be indebted to the said Bailey Ro- bertson for acting as a spy in the defence of the citizens, of Georgia, on the south side of the Ockmulgee river, duringlndiah hostilities, in the same manner as if the said Mary Robertson had sued out letters of administration on the goods and effects of the said Bailey Robertson ; and had consequently become entitled by law to the same. Approved, November 28th, 1820. 4 RESOLUTIONS.—1820. [No. 26.1 In the House of Representatives, December 16^, 1820. Whereas, some of the Clerks of the Inferior Courts of the' different counties in this state, before the promulgation of the law of eighteen hundred and nineteen, imposing an additional tax on peddlers, and other itinerant traders, did grant license to such traders, under the law df eighteen hundred and seventeen t And whereas, the Treasurer having doubts as to the propriety of receivng from said clerks the proportion of said licenses due the Treasury, and. received by said clerks after the passage of said law of eighteen hundred and nineteen: for remedy where- of, Be it resolved% That the Treasurer he authorized to settle with and receive of all such clerks, aforesaid, the sum or sums of money so received by them for licenses, so granted, before the promulgation of said first mentioned act. • ' Approved, December 21st, 1820. ' 1 [No. 27.] In thi! House Of Representatives, December 19th, 1820. The joint Committee of Literature, Public Education, andPree Schools, to whom was referred a letter and documents from the. treasurer, on the subject of debts due to the State for forfeited land, and for reverted, confiscated property, having t,aken the same into consideration, find that the sum due, for forfeited land has become payable and due a considerable time past, and that no measures have been taken for the enforcing the pay- ment. ! , i v . With regard to the sums due for confiscated reverted pro- pprty, your committee find that a large amount remains still. due, the collection of which your committee are of opinion is jeopardized, and fear that a considerable portion of it will finally be lost, attributable to the delay and indulgence which has already been extended in regard to its collection ; your comr mittee, therefore, recommend the following resolutions as the, most efficient mode which has. occurred to their, minds for the enforcing of fhe payment of said debts : , ■ / Resolved, That the,Treasurer be directed to issue executions without delay against all persons indebted to the State fqr for- feited lands. , " Resolved, That the Governor be, and he is hereby authorized and requested to employ a fit and proper person to investigate and collect, as far as practicable, all such sums of money as may be due the State forreverted confiscated property and that it shall be the duty of the person so appointed to report to the next Legislature a detailed statement of the condition of the several claims placed into his hands. , f ' Approved, December 18th, ,1820. ' „ ^ [No. 28.] In the House of Representatives, ' , . December 12th, 1820. , The committee to whom was referred the petition of William Smith, have had the same under consideration, and given it that deliberation which its importance required; they lament that consequences so ruinous to the family of the petitioner should have grown out of a transaction occasioned by inloxica- , tion and momentary passion ; and, considering that his failure to prosecute proceeded from the best motives, and a wish to live in harmony with his relations, they deem his a case of peculiar hardship, and one requiring an expression of the feelings of the Legislature, though in the opinion of your committee it is out of the power of this body to grant absolute relief. They, therefore, beg leave to report the following resolution : Resolved, That the Justices, of the Inferior Court of the county of Walton be, and they are hereby authorized, (should they think proper,) to refund tolhe said William Smith the amount of money "received by said court for the county of Walton, arising from the forfeited bond of the said William in the case of the State, vs. David Neely, for shooting, with intent to kill. Approved, December 18th, 1820. [No. 29.] In the House of Representatives, December 16 th, 1820. Whereas, the unparalleled distress which has, in the course of the present year, visited the city of Savannah, first, by the dreadful fire, and secondly, by the still more dreadful pesti. lence, is a subject eminently calculated to excite the deepest sympathy of the people of Georgia: and whereas many of the citizens of our sister States, as well as those of our own, have exhibited the best feelings of benevolence and humanity to our distressed fellow-citizens, many of 'whom was left destitute by that afflictive dispensation of' Providence, which laid in ashes the fairest portion of the city of Savannah : Resolved, unanimously, by the General Assembly of the State of Georgia, That in consequence of these' calamitous events, they feel' hound to, express their sympathy for the misfor- tunes of their fellow-citizens of Savannah,' and to tender their warmest regards to the citizens of our sister States, and also, fo the citizens of this State, for the liberal and charitable aid extended by tjiem to those helpless sufferers, whose only means of subsistence were consumed by that fire, which swept, Without distinction, (he property of all classes. / . Resolved, further, y That they take great pleasure in express- ing their unbounded approbation to the conduct of all those who rendered themselves active in alleviating the suffering vie. tims io the late! malignant fever; and, particularly, to the con-' duct of Thomas U. P. Charlton, mayor of said city, whose ac.' tive exertions in behalf of suffering, humanity, entitle him to the best feelings of our nature, and the confidence of all the friends of benevolence and charity. < • Approved, Decemberv21st, 1820. , ' [No. 30.] In the House of Representatives* , ! \ November 9th, 1820. Whereas the . appointment of all vendue masters, in the city of Augusta,, has, become vacant by reason of an alteration in the law, under which; said appointments were made, and inju- ries and inconveniences are likely to result to the public, and loss to the revenue of this State : for remedy whereof, Resolved, That the city council of said city of Augusta be, and they are hereby authorized to proceed forthwith to the ap- pointment of the .number of vendue masters authorized by an act of legislature, passed on the 21st December, 18.19; and that said city council require of said vendue masters so to be appointed, such bonds as are made necessary by the before recited act, and the one to which it refers, with the exceptibn,' that the same are to continue and be in force no longer than the term of appointment and qualification of vendue, masters tinder the said act of 1819. ,. Approved, November 14th, 1820. [No. 31.] In the House of Representatives, ^ , , December 7th, 1820. Whereas, the stationing a guard of regular soldiers at the point where the Sewanna river crosses the Florida line, would tend much to the protection of the counties of Appling, Irwin, Wayne, and Camden, by securing those counties against the pre- datory incursions of companies of Indians from below; therefore, Resolped, That his excellency the Governor be requested to procure from the Secretary of War, or the commanding general of this , division of United States troops, the stationing of such guard at the point aforesaid, as will be sufficient to answer the purposes herein contemplated. Appointed, December 12, 1820. [No. 32.] In the House of Representatives, December 16th, 1820. Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That John M. Dooly be, and he is hereby authorized and appointed as a com- missioner to join and co-operate with the board of commis- sioners, heretofore appointed, for the improvement of the na- RESOLUTIONS.—1820. 5 vigation of the Savannah river, from the city of Augusta to the town of Petersburg, in pursuance to an act passed 19th De- cember, 1818, setting apart the appropriation made by a former act of the Legislature of this State, and making the said appro- priations unconditional and independent. Approved, December 21st, 1820% [No. 33.] In the House of Representatives, December 19 th, 1820. Whereas, the captured Africans now in the vicinity of Mil- ledgeville, abide the decision of the Circuit Court of the United States, which decision will probably take place before the meet- ing of the next Legislature ; and whereas, in event of their final condemnation, and the failure of the Colonization Society to take the said Africans on the termg heretofore proposed by the Legislature, they will be continued hereto the great detriment of the neighborhood and the disadvantage of the State at large: Be it resolved, That as soon as the said Africans shall have been condemned by the Circuit Court aforesaid, it shall be the duty of his excellency the Governor to inform the Colonization Society thereof, and notify to them, that they shall, on or before the first day of September, 1821, conform with the terms of this Legislature heretofore offered, and remove the said Africans to their destination : and upon the said society failing so to do, his excellency is hereby authorized to proceed to order the sale of the said Africans, on terms of the act of 1817 relative to the said Africans. Approved, December 21st, 1820. [No. 34.] In the House of Representatives, December 19 th, 1820. Whereas, by the report of the commissioners appointed to survey the Oquafanoca Swamp, under a resolution of the last Legislature, it appears that there are two districts of territory susceptible of survey and organization : therefore, , Resolved, That his excellency the Governor be, and he is hereby authorized and empowered to appoint a surveyor for each of the districts .aforesaid, whose duty it shall be to give the like bonds, and perform their duty in like manner, as re- quired of surveyors by an act of the Legislature passed on the 15th December, 1818, except that said surveyors are required only to survey said districts by running parallels to the longest district dry lines, cornering and posting as such distances as will admit of said districts being hereafter checked into square tracts of 490 acres each. And be it further resolved, That it shall be the duty of the surveyors appointed as aforesaid, to make a full report of their proceedings to his excellency the Governor, and return a map of their surveys to the Surveyor-General, previous to the ses- sion of the next Legislature ; and that they receive for compen- sation the like price allowed to surveyors employed in survey- ing the lately acquired territory, and that the like advances be made to them by warrant of the Governor upon , the contin- gent fund. Approved, December 21st, 1820. [No. 35.] In the House of Representatives, Decernber 1th, 1820. The committee on whom it devolved to take into considera- tion the internal improvement of the State, beg leave to report, that they have had the same under consideration, and are now ready to submit the result of their deliberations to this House. Perhaps there is no subject to which the attention of a legisla- five body can be directed with more real utility to the commu- nity, and greater certainty of ample reward, than those under consideration; and, it is equally certain, that there are none which more imperiously require legislative interference. The means and facilities tending to the improvement of agriculture, and the reciprocal intercourse and commerce of mankind in civilized life, are, and ever will be, considerations of the first importance. In their discovery, they require the united exer- tions of theory, observation, and experience, and, in their appli- cation, the combined energies of government. On subjects of so much magnitude, and, at the same time, so complex, your committee cannot flatter themselves, that, in their delibera- tions, they have been enabled to arrive at the perfection of inquiry. It will afford them, however, much gratification, if, from a succinct review of the commercial and political advan- tages, derived to a State by means of its internal improvement, they shall, in some degree, contribute to arouse a spirit of legis- lative inquiry in pursuits which cannot fail to produce the hap- piest and most beneficial results. Upon a careful examination of the great [topograghical] features of this State, it must occur to every observer, that nature has been characteristically pro- vident in laying for us the foundation of a great and commer- cial people, by nearly uniting the several branches of the three great natural highways of this State, not only with each other, but with correspondent western streams, which flow into the Mississippi and Gulf of Mexico. The extent of territory, the variety of soil, climate, and pro- ductions, together with the number, positions, and magnitude of our streams, demonstrate the necessity and practicability of an extensive internal navigation throughout every part oflthe State. Our present state of tranquillity has been restored under cir- cumstances favoring its continuance for many years ; and the experience of the late war has served to develop the importance of internal transportion to our commercial, naval, military, and political interest. These circumstances, therefore, seem pecu- liarly to recommend, at this time, such a system of general im- provement as would accelerate the advancement, and secure permanently the internal commerce of the State. Two import- •ant considerations, relative to this subject, ought particularly to arrest the immediate attention of the Legislature; the rivalship of a neighboring State in trade and commerce, and the lively interests manifested in various parts of the United States, in the improvements of facilities of intercourse. The solicitude on this subject which is felt in various parts of the Union at this time, is indicated in a manner not to be mis- taken; and ought to arouse the State of Georgia from her lethargy, and induce her to adopt a bold and liberal policy, com- men^urate with her ample resources and the public expectations. The general importance of internal navigation is so universally admitted, that any attempts further to illustrate it, would appear superfluous, were it hot for the fact, that it is an object, the intrinsic importance of which has been somehow overlooked or hidden in the mass of other concerns, or its advantages been viewed at too remote a distance to induce present activity. Is it not re- markable, that in our present advanced state of civilization and science, man is still so little inclined to profit by his reason and intelligence, but disposed always to await the mandate of neces- sity. Why should an improved inland navigation be any more a theory than the building of a house or a bridge ? Merely because we are more familiar with the latter than the former. In Europe a canal navigation is as familiarly known to experience as a ship, a house, or a bridge ; and we have the means of profiting by all the experience of Europe. With the materials and inducements which no country in Europe possesses, they will soon become as familiar to us as the most common improve- ments, if we can only be prevailed upon to attempt them in earnest. The moment the State shall have fairly commenced a systeijn of internal improvement, a general confidence in its completion will be inspired, its benefits will be felt in anticipa- tion, in the value of lands, in an increased activity, and a general prosperity. Its operation will tend to perpetuate and strengthen our general union by an indissoluble community of interest, habits, and attachments; to give celerity of movement and con- sequent efficiency to our military force, as well as an easy ex- change and distribution of the necessaries of life, whenever our country may again be visited by the calamities of war. In times of peace or war, it will give a due value to every production of land or labor, whether of agriculture, minerals, or forests; pro- 6 RESOLUTIONS.—1820. mote, by the certainty of reward, every well directed branclfof domestic industry, the diffusion of science and morals, and the happiness of the whole community, by the facility of personal and social, as well as commercial intercourse. It will give, additional importance to, our commerce, in making it accessible to all the productions of the most interior parts of the State ; which productions will continually increase with the population and progress of improvement; and finally, it will give a new and more elevated character to our State, in all her foreign and domestic concerns, and in a short time place her, as tp wealth, rank, and importance, among the first in the Union. v It will likewise add (as it appears from recent surveys) to that great chain of inland communication, so long contemplated by the general government, by extending the route up the St; Mary's river to a proper point ;* thence by a short cut or canal along the southern margin of Oquafanoca into the Se wanna river, and thence down the said tiver into the Gulf of Mexico. But your committee have in view the accomplishment bf other great and important objects, besides the improvement and prosperity of our own State. As a State, we should consider ourselves as a member of a grand association of States, the fundamental principle or chief motive of whose general constitution is public happiness, whose political and moral bonds of union are and ought to be strictly reciprocal, and whose vital interests are deeply involved in the happiness of each other. , From this relative position as a State,, certain obligations result, to the due perform, ance of which we are bound; but by opening the avenues by which commercial intercourse and traffic, may be facilitated : cutting canals wherever practicable,,'constructing locks; and clearing our water courses of obstructions, we do in fact, in a very eminent degree, cement those political and moral bonds of union, which contribute to discharge us of those obligations we* have incurred, by being a member of the general confederacy. Nothing/tends so much to keep up a good understanding between the inhabitants of different and distinct sections of a country, as that familiarity which is ^constantly preserved by amicable inter- course and beneficial traffic and barter. Even among savage nations, we iind that a mutual interchange of the products of their soil, and the results of their labor and ingenuity, create amicable relations which are lasting and. reciprocally advan- tageous. How much more then may we, as a civilized people, expect to profit by that universal extension of commercial inter- course which can be so easily created by legislative hid, afford- ing innumerable channels and inlets for the products and com- modifies of different climes, causing the savage appearance of a country to wear away, and assume the aspect of busy towns and crowded cities. . • The same principles and considerations which have directed the attention of your committee to internal navigation, operate with almost equal force in relation to the necessity pf making turnpikes, or other permanent roads; leading to, our ^principal commercial towns and likewise connecting out: Atlantic rivers,^ from their highest navigable points, to similar positions upon those correspondent Western streams which flow into the Missis- sippi or Gulf of Mexico. All classes of the community, from the driver of the carriage antf.six down to the hurhble pedes- trian, are interested in performing their respective journeys with as much facility as possible. The increasing population a.nd internal commerce \>f the State, of course occasion an in- creased wear of the roads, which, in a variety of instances, are still further injured by local circumstances. Whether the laws > now in force, relative to the improvement of roads in this State, have tended to effect that end, time and experience have amply evinced. Your committee will not pretend to say, that'the laws already enacted for the amelioration of our roads, have.not been strictly exeduted ; but, they are bound to say, from ocular de- monstration and woful experience, that many of the public roads in our State are in a shameful condition. The establish- ment of turnpike roads in many parts of this State, where, frbm local causes, they would be materially benefical, are circum- stances which merit great consideration. Their utility is suffi¬ ciently evinced to every individual who has had the pleasure of travelling the roads in the middle and eastern States : and the small toll collected for riding and driving a number of miles, with ease and comfort, and without danger, ought never to be entered into the computation of expenses. r It now only remains for-,your committee to point out these preliminary measures which appear indispensably requisite to accomplish, in the most enlightened and economical manner, the various objects which have been submitted to their considera. tion. As an incipient step, the appointment of a civil and topo. graphical engineer of capacity and considerable experience, is 'respectfully recommended. For this office, there ought to be a liberal provision, and his duty should be to ascertain with pre- cision, the particular route, points, and situation, for the best location of the proposed improvements, by furnishing drafts and plots /with explicit written descriptions and explanations from actual surveys and levels; and submit the same annually to the Legislature. With respect to the particular mode in which the resources of the State might be most advantageously applied to such objects, that must necessarily vary according to the object and existing circumstances at the time of expenditure,' and may be provided for by law, froim time to time, under the advice and ' direction of the civil engineer. , With the foregoing remarks, your committee ask leave to refer to the bill, reported to the House of Representatives, creating the office of Topbgraphical and Civil Engineer, as a summary developement of their views upon this interesting subject. , * v • ~ Approved, December 12th, 1820. [No. 36.] In the House of Representatives, : . . November 28th, 1820. ./ The joint committee appointed by both branches of the Gen- eral Assembly, to take into consideration all subjects in relation to, literature, public education, and free schools, respectfully submit the following report, to wit: - - There has been submitted for the inspection and considera- tion of your committee, reports, exhibiting the present state and condition of the University of this State. , Also, of twenty Academies, the principal part of which are legally branches of the University. , • From the report of the Treasurer of this State, it appears, that from the'fund of $250,000set apartfor free schools, $150,000 has been, vested in Bank Stock; $50,000 in stock of the Bank of Augusta, and $100,000 in Darien Bank Stock—and that the whole amount of interest yielded upon the abovfe stock, up to the 5th of June 1820, (since when no dividendhas b6en declared,) amounted to the sum of $18,566 66 cents. After the most diligent research, your committee have not been able to ascertain with precision what sum has actually been received by each county, for the use of the county acade- mies, under' the different acts of the Legislature, but it is obvi- o.us that the proportion received has been1 very unequal, many pf the counties not yet having received one cent; Hence your committee have been considerably embarrassed in the discharge of their duty as pointed out by a resolution from the House of Representatives, directing them to inquire into the expediency of making an appropriation for the benefit of such county acade- mies, as have not .received tHeir proportion of the appropriation, authorized by the act passed in the year 1792. Nevertheless they have deemed it expedient to report ,a bill, calculated as they conceive, in some degree, to remedy the inequality com- plained of by many of -the counties of this State, to, which bill your committee beg leave to refer. The petitions from the trustees, commissioners, and others who have takbn an interest in the promotion of the county academies, which Have been referred to your committee, have received due consideration; and the laudable exertions of the petitioners to promote* and advance learning and knowledge, are fully appreciated and applauded, and your committee are flattered with the expectation that the bill referred to, will in RESOLUTIONS.—1820. 7 some measure meet the views and wishes of the several peti- tioners, and the friends of education in general. From a general view of the progress and present condition of the literature of the State, with profound gratitude your com- mittee perceive that literary knowledge is annually advancing amongst our citizens ; but with regret we admit that the ad- vance is by no means in a degree commensurate with the re- sources which the State has controlled. Our State college, although long unfortunate in its progress, is at this time justly assuming a rank amongst the literary insti- tutions of our country, which will dispense with the necessity of our youth resorting to distant seminaries to complete their education. We fondly anticipate the day when Franklin Col- lege will become a place of central resort for youth and genius, from a considerable portion of the southern and western country —at least for the youth of our own rich, fertile, and growing State. The most pleasing reflections are excited while we witness the advancement of many public and private academies in this State. The advancement of fhose institutions present a pros- pect of literature highly honorable to individual exertion and patriotism", and which amounts, to an imperious call on the Legislature for the extension of a fostering hand, by a simulta- neous exertion and co-operation. If it be admitted that the will of the people deliberately ex- pressed should at all times have due weight and influence on a Legislature who are their immediate representatives, we are led to the conclusion that the present Jjegislature are under the strongest obligations to patronize, and encourage by a liberal policy, the advancement of education in this State. That it is the wish of the people is incontrovertible, when we take into view the individual exertion exercised in the establishment of so great a number of respectable schools in different parts of the State, without the smallest aid or patronage from the govern- ment. The example set by the citizens of some of the counties of this State, to promote schools, are in the opinion of your committee worthy of the imitation of all, whether in public or private situations. That the general diffusion of knowledge, through the medium of a well organized system of education, is an object of vital and primary importance in a government like ours, where the most important portion of our political system is and ought to be retained in the hands of the people themselves, is a proposi- tion which has long since been demonstrated, and must conse- quently command the attention of an enlightened Legislature. There can be no objects in the circle of political institutions the utility of which are more universally ascertained and acknowledged—none that do more honor to the governments whose wise and enlarged patriotism duly appreciate them. Therefore your committee beg leave to offer the following resolutions: Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the fund of $250,000, set apart by a former Legislature, as a free school fund, and the interest yielded thereon or that may be yielded thereon, from time to time—together with lots of land, Nos. 10 and 100, set apart by an act of the Legislature of 1818, for the education of poor children, shall not under any authority or pretence whatever, be applied to any other object than that of free schools, in such mode and manner as may hereafter be prescribed by the Legislature. And be it further resolved, That a committee be appointed, vested with authority to propose, arrange, and digest a system of Education best calculated to provide for the objects intended to be promoted by the provisions of the foregoing resolution, and report the same to the House of Representatives, on or be- fore the tenth day of November next. Approved, December 12th, 1820. [No. 37.] In the House of Representatives, December 6th, 1820. The committee to whom was referred the petition of James A. Everett and the accompanying documents, having taken the same into consideration, respectfully report: That the claim which is set forth in the petition is just and conclusive; evidence thereof is contained in a letter of the late Governor Rabun, bearing date the first of June, 1819: therefore, Resolved, That the said James A. Everett is entitled to receive from the state the sum of eighty-two dollars and fifty cents, and that the payment of the same be provided for by the Appropriation Law now on its passage. Approved, December 12th, 1820. [No. 38.] In the House of Representatives, December 19 th, 1820. Thn Committee upon Agriculture and Internal Improvement, to whom was referred the reports of the several commissioners of Brier Creek, the Savannah, Altamaha, Oconee, and Tugulo rivers, ask leave to report: That they have had those subjects under consideration, and that in consequence of the creation of the office of a Civil and Topographical Engineer by the present Legislature, they re- commend the suspension of any -further appropriations for inter- nal improvement, until the appointment and arrival of said officer. Approved, December 21st, 1820. [No. 39.] In the House of Representatives, December 19 1' ' • Approved, May 16th, 18&1. [No«53;] ' In the House of Representatives, ■ • l . •tot, • j 11 May 1th, 1821. y [No. 58.1 In the House of Representatives, Whereas, considerable sensation appears to be manifested • ' . 1 . , ' F 'd M lltl 1821 by some portion of the community, relative to the employment tut,* -1 :a + a *■ t% ^ -a \i 1 j- t?' ' Vf ,i.n .r ■? a c a- Whereas, it is represented that thereis a considerable num- and disposition by the Executive of theN public funds of this i, ? , ■ j j- . > . ■ u.- ou . . «« c , -i v ,if ' c 1 j. k ber ot lots in the several counties and districts in this State, State, for the purpose of contributing to, the successful termi- c t . , o Resolved, -1 hat the Governor cause the names of all such. Approved May 12th 1821. ' persons as were fortunate drawers in the late land lottery, and ■ ■ ' ' * whose names have not been published in any printed list, to be [No. 55.1 . In the House of Rethesentatives. published at the time of publishing, the land act, of at such ., Thursday May tOih 1821 other time and manner as may be considered best calculated to Resolved, That the executive -appointment of Col; Willi'am Sive notice to such fortunate drawers', and to prevent subh pet- A- Dunham, as a Commissioner of the Altamaha, in place of "tarati* th« naiiiw for draws in the present lottery. Col. John P. Blackman-resigned, be, and the same'is con- Approved, May 17th, 1821. . , firmed. '' " ' —!— - Approved, May 12th, 182L [No. 60.] In the'House of Representatives,' • — ' # Saturday, May \2th, 1821. [No. 56.] In the House of Representatives, The Committee, to whom was referred the Governor's com- 1 Friday, May 11 th, 1821. - munication and accompanying letter from the hon. J. C. Cal- Whereas, it is understood that the Creek and Cherokee na- houn, upon the subject of leases made by the United States of tions of Indians are desirous to make certain cessions of their • certain lots within the Fort Hawkins reserve, having examined territory, by which the settlements of Georgia, Alabama; and the references and the subject to which they relate, report the Tennessee would become connected, and thereby greatly fa'ci- following resolution : ' . litate the personal and commercial intercourse and, traffic of Resolved, That his excellency the Governor be authorized the citizens of the said States : and requested to appoint some fit and discreet person, with in- Be it therefore resolvedly the Senate and House of Represen-' structions to take the superintendence and control of all pro- tatives of the State of Georgia, in General Assembly convened, perty within the reserve at Fort Hawkins, and the' like reserve That his excellency the Governor be required to correspond on the opposite side of the river, whicfy is properly under the with the President of the United States, and the Governors of cbntrol "of the State. That he prevent the commission of waste Alabama and Tennessee, upon this subject, and to take such upon the houses and lands, and the improper management of other preliminary steps and measures as may be deemed best the ferries. That such property be disposed of by rent for the calculated to effect this great and desirable object. < present year, as may be convenient, without subjecting the And be it further resolved, That a copy of this preamble, same to injury, and resolutions be transmitted by the Governor to each of our Resolved further, That said agent be furnished with the Senators and Representatives in Congress, with an earnest re- leases made by the United States, and that he inquire into the quest, to use their best endeavors to* have an appropriation situation of the lessees, and the amounts due, and how se« RESOLUTIONS.—1821. 11 cured; and that he make a full and minute report to the next Legislature, in relation to the whole of said property ; and that he be allowed such compensation as a future Legislature may direct. Approved, May 16th, 1821. [No. 61.] In the House of Representatives, Saturday, May 12th, 1821. The Executive having been called on to lay before this House all the correspondence in the Executive Department relative to the late treaty with the Creek nation of Indians, to- gether with a statement of the amount expended by the com- missioners on the part of this State; and said information having been furnished, from which it appears that a portion of the contingent fund, upon the request of the commissioners, was advanced by the Governor; and that the same was dis¬ bursed in bringing the treaty, and a provision for the payment of the citizens' claims, to an advantageous and successful close : Resolved, That such disbursement meets the decided appro- bation of the Legislature ; and that our thanks be tendered to his excellency the Governor and our State Commissioners, Generals Mcintosh, Adams, and Newman, for the firmness, per- severance, zeal, and patriotism, which they have displayed in the progress and termination of said Treaty. Our thanks are also tendered to General David Meriwether and Major Daniel M. Forney, for their agency in the negotiation which terminated so favorably to the interests of Georgia. Resolved further, That copies of this resolution be transmitted to General Meriwether and Major Forney. Approved, May 17th, 1821. RESOLUTIONS WHICH ORIGINATED IN SENATE IN 1821. [No. 62.] In Senate, December VIth, 1821. Resolved, That the Justices of the Inferior Courts of the counties of Early, Irwin, Appling, Walton, Gwinnett, Hall, Habbersham, Rabun, and Telfair, be, and they are hereby re- quired to rent out the lots, numbers ten and one hundred, in their respective counties, to the highest bidder, for the ensuing year, 1822, at the court house in each county, after giving twenty days notice in one of the newspapers at Milledgeville, and at three or more public places in the counties where the lots may lie : and the person or persons renting shall give notes with security approved by the said Justices, or a majority of them; and that it may be the duty of said Justices to transmit said notes to the Treasurer, within sixty days from taking the same. And be it further resolved, That the notes so taken shall be made payable on the twenty-fifth day of December, 1822, to his excellency the Governor, and his successors in office ; and the said Justices of the Inferior Court aforesaid be entitled, for their services, to ten per cent, on the amount of notes so taken, to be paid by his excellency the Governor, when the same may be collected. Approved,. December 22d, 1821. [No. 63.] In Senate, December 14th, 1821. Resolved, That the Committee on Printing be instructed and required to contract for the printing of one hundred and fifty copies of the additional report of the committee on finance. Approved, December 22d, 1821. [No. 64.] In Senate, December 19th, 1821. The Committee to whom was referred the petition of James Loyless, tax collector for the county of Warren, and the accompanying documents, beg leave to report, that it appears from the certificate of the Comptroller General that the said James Loyless was collector for the years 1817, 1818, 1819, and 1820, and has never had any credit for either of the years for insolvent lists ; they therefore consider the prayer of the petitioner reasonable, and recommend the adoption of the follow- resolution: Resolved, That James Loyless, tax collector for the county of Warren for the years 1817,1818,1819, and 1820, be allowed, on final settlement with the proper department, a credit for such amount as may be recommended by a.Grand Jury, in terms of the law, for insolvent lists for the years aforesaid. Approved, December 22d, 1821. [No. 65.] In Senate, November 30th, 1821. The joint Committee on Banks, to whom has been referred the expositions of the Bank of the State of Georgia, the Plant- ers' Bank, and the Bank of Darien, report: That they have, upon a careful examination of the expositions of the state and condition of the aforesaid banks, found that their capacity to meet their engagements at this time, rests upon the basis of a .metallic capital of considerable amount. The Planters' Bank, though involved in some embarrassing difficulties with the Branch of the United States' Bank in Savannah, has made a report evincing the most wholesome condition. The State and Darien Banks, though the-claims against them bear a greater proportion to their means of paying, are still considered as being ine,state of unquestionable solvency: and it is a pleasing reflection, that, amidst the trying difficulties which have sur- rounded the commercial part of the community, a diminution of the usual dividends declared on the stock is the greatest evil likely to result from the present embarrassments of the banks. Your committee ask leave further to report, That the State of Georgia, by the establishment of her banking institutions, had two great objects in view : the one, to furnish to her citi- zens a safe and convenient medium of circulation, to the exclu- sion of the bills of the banks of other States; the other, to enable her to have the funds of the State profitably invested in bank stock. Both of these objects have either entirely failed, or have been considerably abridged, by the operations of the office of the Bank of the United States at Savannah, which, in the opinion of your committee, have been obtruded upon the State of Geor- gia without her consent, as an interference with her sovereignty as an independent State: 12 RESOLUTIONS.—1821. Because the aforesaid office of the Bank of the United States located at Savannah, did, for a long timb, refuse to issue its hills; and, by accumulating the bills of the State banks, as the depository of the revenue of the United States, and, by other means perfectly within its pdwer, has not only taken from the State her medium of circulation for her valuable pro- ducts, but, by frequent' and repeated demands for large sums in specie upon the State banks, had well nigh drained their vaults; thereby threatening their destruction, and compelling them, in order to meet the exigency, to curtail their discpunts, in so much as to deprive the State, and the individual stock- holders, of their usual and expected dividends. In such a state of things, your (committee wouldN advise np step' which might array the State against the authorities of the" United-States, or injure the credit of the1 bills of the banks of the State of Georgia. They would advise all collision with the Bank of. the United States to be eschewed if possible : but a proper regard to the safety of their own institutions demands, and imperiously requires, that something should bev done for their protection. ^ 1 Your coremittee, therefore, recommend that a law" should be, , passed establishing a rate of interest between the United States' Bank and the banks of the State of Georgia, below the present legal rate of interest of the State, and so low as to prevent the said banks from being benefited by an accumulation of the , bills of each other; for which purpose your, cotnmittee recom- mend the passage of alaw. '• v s ' " i And further your committee recommend, that while" the State banks shall rigidly persevere in paying their bills in specie to all individuals applying therefor, who.may not be agents of the' Bank of the United States, or either of its branches, that they shall refuse, whenever they shall think it prudent so to do, to, ' pay specie for their bills to the United States' Bank, or its offices orageqts, upoli giving sixty days previous notice of such intention. ;. , And your committee confidently hope, that public opinion will bear the State institutions out in such a course of conduct ; as none other seems, in the mind of your committee, to be calcu- latedtosave the State institutions eventually from Utter annihiia- , tion, under existing circumstances, to the greatinjuryof the State, and of the individuals who are or may be stockholders in, the aforesaid banking establishments. , ^ r. Approved, December 22d; 1 $2L [No. 66.] , In Senate, December llth, 1821. Resolved, That Robert W. Pooler be' and he is hereby ap- pointed a Notary Public, for the county of Chatham., Approved, December,21st, 1821. [No. 67.] r In Senate, December \9th, 1821. Whereas, Henry Darnell has rendered many important ser- vices to the state, by his attention to, and care of, the Africans\, seized by his excellency William Rabun, and now in the cus- tody of this State, for which said services, he has never been sufficiently compensated: Be it therefore resolved, That the said Henry Darnell be,-and he is hereby authorized, in consideration of said services, tq re- ceive and retain in his possession, a certain negro girl, named Binda, one of said Africans : Provided, That nothing herein contained shall be so construed as to vest in the said Henry Darnell an absolute title to said negro girl, but that he shall be b ound to deliver her to the Colonization Society, or to the claimr ant of said Africans, if his claim should be established, if re- quired by a' future Legislature. Approved,-December 22d, 1821. [No. 68.] ' In .Senate, November 28th, 1821. Resolved, That the Committee on Printing be instructed to contract with a printer for the printing of one hundred ancLfifty copies of the report of the Bank Committee, and the bill accom. panying said report, for thq use of the members of the Legisla- ture. Approved, December 1st, 1821. • \ - > [No. 69.] In Senate, November 9th, 1821.' Resolved, That William Bird and Gootleip Earnest, Esquires, be appointed Commissioners of tlie Academy of Effingham county, injhe place of Robert Burton and C. Fruitlen, Esquires, resigned. < Approved, December 1st, 1821. [No. 70.] . In the Senate, December 29th, 1821. yResolved, That his excellency the Governor be, and he is hereby authorized and requested to have,published in one or more of the newspapers of this State, such laws and resolutions of the present session as he may deem expedient, of a general nature.' ( Approved, December 22d; 1821. ' [No..71.] . In the Senate, December 14th, 1821. .Resolved, That Samuel Beall, and John King, Esquires, be, and they are hereby appointed, Commissioners of the Academy of the county qf Wilkinson, in place of David Rolen and Jere- miah Lofien, removed. , , Approved, December &2d, 1821. .1 [No. 72.] In Senate, November 26th; 1821. Resolved, That the State printers be requested to have printed five hundred copies of the laws of the present session, in addi- tion to the number already contracted for. Approved, December 7th, 1821. ^ [No. 73.] In Senate, December 3d, 1821. Resolved, by tlie Senate and House of Representatives of the ' State of Georgia, in General Assembly met, That his excellency the Governor be, and he is hereby requested to have the name of Richard Swain, of Warren county, deposited in the wheel containing the names of persons entitled to draw's in the present land Lottery. ... ■■ , Approved, December,6thj 1821. , [74.] If Senate, November 26th, 1821. Resolved, Thaf Zachariah B. Hargroes be, and he is hereby appointed a Notary Public for the county of Twigs. Approved, NovemberYth, 1821. , / [No. 75.] ■ In Senate, November \§th, 1821. The joint Committee to contract for printing the laws and journals, of the present session, report: That they have con- tracted with Messrs. Camak and Hines for printing two.thou- sand copies of the laws and journals at two and one ninth cents per sheet; the laws to be ready for delivery by the 15th of January, and the journals by the 15th qf February next. Your committee.further report": . That they also contracted with the aaid Camak and Hines for printing one hundred and fifty copies of the Treasurer's, abstract, at thirty dollars, to be delivered on Saturday morning next, r Approved, December lst,\ 182.1. [No. 76.] In Senate, November 14$, 1821. Resolved, That John Alexander, of Franklin county, be, and he is hereby appointed commissioner of the academy of said County, in place of John E. Carson, resigned. Approved, December 1st, 1821. [No. 77.] , In Senate, December 18th, 1821. The joint Committee on the state of the Republic, to whom it was referred to inquire into the expediency of abolishing impri- sopment for debt within this State, beg leave to report that after considerable discussion and deliberation on the subject of thia RESOLUTIONS.—1821. 13 reference, they find it entrameled with so many difficulties, and the policy of annihilating this long practiced means of coercion to the payment of just debts, on fraudulent or reluctant debtors, so questionable, that notwithstanding the many arguments which are suggested for the wisdom for abolishing imprisonment for debt, they deem it unadvisable now to' adopt the measure, and therefore pray to be dismissed from the further consideration of the subject. Approved, Deceipber 22d, 1821. [No. 78.] In Senate, November 10th, 1821. The joint Committee on Printing beg leave to report that they have closed a contract with Messrs. Camak and Hines, for printing one hundred and fifty copies of the bill to be entitled "An act to establish a board of public-works, and to abolish the office of Topographical Engineer," at the price of fifteen dollars. Said copies to be delivered on Monday morning. Approved, December 13th, 1821. [No. 79.] In Senate, November 30th, 1821. The joint Committee on Printing beg leave to report, that they have contracted wTij;h Messrs. Camak and HineS, for the print- ing of one hundred and fifty copies of a bill to be entitled, an act to amend and explain an act, passed the 12th day of De- cember, 1804, entitled an act to carry into effect the 6th sec- tion of the 4th article of the constitution touching the distribu- tion of Intestates' estates, directing the manner of granting let- ters of administration, letters testamentary, and marriage li- cences, passed the 23d December, 1789, as respects the right of dower, advancements to children in the lifetime of the intestate, and the right of the husband to administration on the estate of his wife, for the sum often dollars ; and also for the printing one hundred and fifty copies of the report of the joint committee on banks, together with an accompanying bill, to be entitled, " An act to regulate interest between local banks which now or here- after may be established in this State, and the Bank of the United States, or any of its branches," for the sum of fifteen dollars. Approved, December 18th, 1821. [No. 80.] In Senate, November 7th, 1821. Resolved, That the executive appointment of Dr. Charles West, as a commissioner of Mcintosh county academy, in place of General Francis Hopkins, deceased, be, and is hereby con- firmed. And that Hampden MTntosh and Yirgil H. Vivion, Es- quires, be appointed commissioners in said academy, in place of Dr. James Troup and William A. Durham, resigned. Approved, December 1st, 1821. [No. 81.] In Senate, December 1st, 1821. Resolved, That Allen Rawls be, and ho is hereby appointed a Notary Public, for the county of Bullock, in room ofBriceSim- mons, deceased. Approved, December 18th, 1821. The joint Committee, to whom was referred that part of the communication of his excellency the Governor, relating to se- veral documents received from the Governor of the State of Maryland and New Hampshire, on the subject of the appro- priation of the public lands, by the Congress of the United States, for the purposes of education, report : That they are deeply impressed with a sense of the import- ance of the subject, and venture an opinion on it with great dif- fidence. They will, however, present a succinct statement of their views, without pretending to make any display of argu- ment or research beyond what is furnished by the documents referred. It is believed that no nation has produced as many testimo- nials of a desire for the universal diffusion of knowledge as the United States. This has been evinced in every way by the* States individually, and by their Representatives in Congress ; and it is with grateful pride we can say, that if the United States have not reared the temple of knowledge to an unex- ampled height and splendor, she has laid its foundation on a base broad as humanity, and durable, it is hoped, as ,any of the works of men. A system of education, -having for its object the instruction of every individual in a great nation, was re- served as an achievement for the United States of America. That there is in this nation a moral power that will finally accomplish this great end, we most fondly hope. That it has heen procrastinated by adverse circumstances is true ; but it is believed that divided councils and a want of system have been the great impediments to this great work. So far as a system of public instruction has taken root amongst us, it has been left to the exclusive management of the individual States; and, in the present state of the science of education, we are led to think this the most eligible plan. The States have also been left to furnish the necessary funds in their own way: but an exception has been made to this in favor of the States admitted into the Union since the revolutionary war. To these the United States have made large grants of public land, to be used by them as a perpetual fund for the" purposes of public education. Your committee will not question the policy of these large grants, nor will they question the authority of the United States to make them. But they think it may well be ques- tioned, how far these benefits should be granted exclusively to the newly admitted States. We deem it uselesfe to detail the many differences of opinion which have existed in the United States with regard to the title of the unappropriated lands within the chartered limits of se- veral of the States at the commencement of the revolutionary war. These disputes, which were at one time so just a source of alarm, have been finally brought to a happy adjustment. The territory of each State is accurately defined ; and it is uni- versally conceded that the remaining country is the common property of the Union. This opinion, it is believed, is sane- tioned by justice and policy; and the people of the United States look to their unlocated territory as a mean of raising money for national purposes. The ordinance appropriating one thirty-sixth part of the public lands of the United States, for the purpose of common schools within the district contain- ing such land, appears to have -passed as early as the year 1785. From that to the present time, the plan appears to have been pursued with large additional appropriations for a similar purpose. This system, having been quietly acquiesced in for a long time, would not fail to find its supporters; and accord- ingly we find it defended and justified by our Legislature ; and a committee of the Senate of the United States, by a strange argument, came to the conclusion, that " the lands granted to some of the new States for the purposes of education, though distinguished in common parlance by the name of donations, were in fact sales bottomed upon valuable considerations." It will be thought strange, that those considerations are no other than a want of power in the State to tax the public lands or lands sold by the United States to individuals for a limited time : powers which have never vested in the States could hardly be offered as a consideration in any kind of compact. A more specious argument is advanced by the Legislature of New York. They justify the measures and approve the policy of these reserves, by a supposed "increase of the value of the remaining lands in consequence of the reservation." We who have witnessed a great tide of emigration to one of the new States, are bound to doubt, whether the reserves for the purposes of education either enhanced the prices of lands or increased the number of emigrants. On the contrary, we doubt very much the policy of public reserves of this descrip- tion ; and think it by no means the best mode of raising reve- nue for the support of common schools. But, however this may be viewed, we can only consider the grants in the light of so much money appropriated, and cannot see why the older States should be excluded from the benefits thence arising, nor can we fear the consequence of expressing this opinion. It is 14 RESOLUTIONS.—1821. far from our wish to agitate any question which may have a ' tendency to produce parties characterized by geographical dis. tinctions. But in this claim^of justice, we cannot .fear any. thing like an acrimonious opposition from the western States. Being clearly of the opinion that we have justice on-our side, and that the claim will not be abandoned by the people oT the older States, we think it can never be urged at a time likely to produce less excitement than the present. Another view of this subject will strengthen the justice of our claim. Public education is rendered nlore difficult and expensive in proper- L tion as a smaller population is spread over a larger-surface. The settlement of the newly acquired territory tends greatly to diminish the value of our property, and to thin the ranks Of our pbople. These disadvantages we cannot but feel, however we may glory in that prosperity and policy wbich is destined in a short time to cover a vast wilderness with the people of our country. " But, in the consummation of this great object, we cannot willingly forego one of the greatest advantages that can arise from it. Therefore, v Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That each of the United States has an equal right1 to participate in all the. advantages arising from the public lands, the common property of the Union ; and that his excellency the Governor is hereby requested to transmit to our Senators and Representatives co- pies of this preamble and rfesolutiom Approved, December 22d, 1821. . [No. 82.] In Senate, December 13(h, 1821. Resolved, That William, Y. Hansel be, and he is hereby ap- pointed a Notary Public for the county of Baldwin. Approved, December 22d, 1821. [No. 83.] - ' In Senate, December 20th, 1821. The joint Committee appointed to,contract for the printing of one hundred and fifty copies of the Reports of the Committee oh Finance, report: • . , • That they have contracted with Messrs. Camak and Hines for one hundred dollars, i . Approved, December 22d,, 1821. [No. 84.] * In Senate^ December 3d, 1821. Resolved, That Ezekiel M. Altaway, Samuel JohnsOn, and Bartlet Smith,' Esquires, be, and they are hereby appointed commisssioners of Early Coutfty Academy. Approved, December 18th, 1821. [No. 85.] c In Senate, November 30/A, 1821. Resolved, That Jesse Carter be, and he is.hereby appointed a commissioner for the county of Appling, to fix upon a site for building a court house fn,said county, and to let out the building of the same-—in the place of Jesse Meazles, re- moved# . y Approved, December 8th, 1 §21. ' < ; . RESOLUTIONS ; \ , ' i t f - * ' • ; ' r. « . . WHICH ORIGINATED IJf THE HOUSE OF REPRESENTATIVES, 1821. [No. 86.] > House of ReprTisesentatives, , - December 7,1821.' Whereas, Thomas Barron, of Gresbam's district/ Jones' county', put in his name for a draw in the present land lottery, and has drawn lot number seven, in the seventh district of Mawe county; and as the said Thomas Barroh( has since discovered that he was a fortunate drawer in "the late land lottery i and is desirous that the State may resume her right to the lot last drawn: ' Be it resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the com- missioners of the land lottery be, hnd they are hereby authorized, and requested to replace in the lottery wheel the above men- tioned lot of land. - ^ ' Approved, December 11th, 1821. * [No. 87.] , House op Representatives, \ ^ December 10/A, 1§21. Whereas, it appears by the petition of James Bandy, that ha gave in his name for two draws in the land lottery now progress-* ing, under the impression that he was legally entitled' to the same, when he had drawn in a former lottery, which was unknown to him; and that he had drawn lot number one hun-, dred and twenty-three, eleventh district, Houston, and that his name is yet in the wheel, by which he will have a chance for, another draw; and the said James Bandy having disclaimed any right or interest in jthe said lot and additional draw, , Therefore resolved, That the commissioners of the land lottery, now drawing, be, and they are hereby required to place said lot, number one hundred and twqnty-three, eleventh Hous- ton, in the wheel of prizesan^ thbt in the event of the said ~ James, Bandy drawing another lot, that, the same shall be returned in like manger, subject to be again drawn by any person thereto entitled. , . . Approved, December 12th, 1821. * —— 9 [No. 88.] ' House op Representatives, - ' . 5 December \lth, 1821. Respited, That James H. Ash be, and he is hereby appointed a Notary Public for the county of Chatham. Approved, December 19th, 1821. [No. 89.] House of Representatives, - December 19/A, 1821. Resolved, That the -Senators and Representatives of this State in the Congress of the United States be, and they are hereby requested to use their influence and active exertions to have the law of Georgia, passed oh the twentieth day of De- cember, in the year one thousand eight hundred and four, giving certain fees upon the tonnage of domestic and foreign vessels, as compensation to the health officer and harbor master ef the port1 of Savannah, sanctioned either permanently or for a limited period, from and after the third day of March next; that being the day on which a former sanction of Con- RESOLUTIONS.—1821. 15 gress will expire; and that a copy of this resolution be sent to each of the Senators and Representatives. Approved, December 22d, 1821. {No. 90.] House of Representatives, December 11th, 1821. Whereas, it appears from the affidavit of Isaac Stephens, of Capt. Stephens' district, Baldwin county, that he is legally entitled to two draws in the present land lottery, and that through mistake of the receiver of the returns for draws, his name was returned for one draw only: Be it therefore resolved, by the Senate and House of Repre• sentatives of the State of Georgia, in General Assembly met, That the commissioners of the present land lottery be, and they are hereby required, as soon as practicable, to .place the name of the said Isaac Stephens in the wheel for one draw. Approved, December 12th, 1821. [No. 91.] House of Representatives, December 20th, 1821. Whereas, in and by treaties made with the Cherokee Indians, to wit: one concluded at the Cherokee agency, on the 8th day of July, 1817, and one held by the honorable John C. Calhoun, at the city of Washington, on the 27th day of February, 1819, certain reserves were made for the benefit of particular Indians, or decendants of Indian families, many of which are now in the possession of persons claiming to be those in whose favor said reserves were made; and whereas, the Legislature of 1818, believing said reserves to be unjust, and contrary to any right which the United States had to make the same, did, in an act passed on the 15th of December, 1818, for disposing of the territory acquired under the aforementioned treaties, direct the said territory should be surveyed, and subjected to lottery, whereby many of the good citizens who drew land in the said lottery, authorised by the act aforesaid, became entitled to lot|3 within the said reserves, and did receive for the same legal and regular grants from the State of Georgia: and whereas, from the premises, a conflict is now pending in some of the courts of justice in this State, between the said Indians and the citizens of Georgia, on the treaties and grants aforesaid; which is by no means calculated to secure and promote those good relations which ought to subsist between the State [of Georgia] and the general government. To the end, therefore, that the same may be brought to a final and friendly adjustment: Resolved, That his excellency the Governor be, and he is hereby required to open a correspondence with the President of the United States, with a view, if possible, to procure through him or the Congress, a satisfaction in money or otherwise, to be made to said Indians, in lieu of said reserves, that the said reserves may go to the citizens of this State, pursuant to the disposition made by the law aforesaid. Resolved, That his excellency the Governor, furnish our Senators and Representatives in Congress a copy of these resolutions, and request their attention to said business and co-operation with the Governor to procure an adjustment of said difference in such manner as will place our citizens in the possession of said land obtained under the title of the State aforesaid. Approved, December 22d, 1821. [No. 92.] House of Representatives, November 13 th, 1821. Resolved, That John P. Ballard be, and he is hereby appointed Notary Public for the county of Mcintosh. Approved, November 28th, 1821. [No. 93.] House of Representatives, December 12 th, 1821. Resolved,' That the Committee on Printing be, and they are hereby authorized and required to contract for printing one hundred and fifty copies of the report of the committee on finance, laid on the table on Monday last; also, one hundred and fifty copies of the list of tax collectors in arrears at thq, treasury office, on the 24th November, 1821. Approved, December 19th, 1821. [No. 94.] House of Representatives, December 0th, 1821. Resolved, That the jail built bj- the Mayor and Aldermen of the city of Darien, be a county jail for the county of Mcintosh ; provided the elections of the jailer and its regulations shall remain in the Mayor and Aldermen of said city. Approved, December 19th, 1821. [No. 95.] House of Representatives, December 14 th, 1821. Resolved, That Sterling Grimes be, and he is hereby appointed a Notary Public for the county of Greene. Approved, December 19th, 1821. [No. 96.] House of Representatives, November V7ih, 1821. It appearing that the compiler of the Digest of the Laws of Georgia, had not time to complete that work within the period mentioned, of May last; and that the same is now com- plete and ready to be reported to the Executive, in pursuance of the act in that case made and'provided : Resolved, That his Excellency be, and he is hereby author- ized to receive the report thereof, as if it had been tendered within the time originally contemplated. Approved, November 12th, 1821. [No. 97.] House of Representatives, December 19 th, 1821. The Committee to whom.the' proceedings of the commissioners appointed to sell the fractional surveys in the counties of Walton, Gwinnett, Hall, Habbersham, and Rabun, was referred, report: That the book submitted by the commissioners to this House, and by the latter referred to the committee, appears to contain a full detail of all the proceedings of the said commissioners, as required by the law under which they were appointed. Your committee, however, are not prepared to say whether the calcu- .lations contained in the report of the commissioners are correct or not, because time has not been allowed them to enter into a minute examination of each, and comparing them with the bonds which have been deposited in the treasury ; but, deem- ing it essential that this should be done, they bdg leave to offer the following resolutions: Resolved, That the report of the commissioners, appointed to sell the fractional surveys in the counties of Walton, Gwinnett, Hall, Habbersham, and Rabun, be referred to the Comptroller General, whose duty it shall be to examine the calculations contained in the report, and compare it with the bonds and cash deposited by the said commissioners in the treasury of the State ; arid, after having examined and corrected any errors which may exist, the commissioners are hereby required to settle with the Treasurer all balances which may be due. Approved, December 22d, 1821. [No. 98.] House of Representatives, December 20th, 1821. The joint Committee on Finance, to whom was referred the communication of the Governor, with the accompanying letter and report of Adam G. Saffold, Esq., Solicitor General of the Ockmulgee district, relative to the collection of debts due the State on the sale of fractions, beg leave to report: That from the communication of the Solicitor General afore- said, it appears that he has continued to effect all collections that were practicable, since the last session; and your com- mittee can only recommend a perseverance in the same course, until all those claims of the State that may be collectable, shaJL have been secured. 16 RESOLUTIONS.—1821. Your committee further report, that, respecting the compen- sation to be allowed the said Solicitor, for his extra trouble in collecting, they conceive the Legislature has no means of correct ascertainment. Former resolutions have left the amount to be allowed to the discretion of his excellency the Governor. The Executive, from the complex duties of his office, and the confu- sion in which the subject of those debts has become involved by the different hands through which they have passed from time to time, cannot, perhaps; so well adjust what shall be given to the Solicitor Generator compensation. The following reso- lution is therefore recommended, to wit: v : x Resohed, That his excellency the Governor be authorized to appoint three fit and proper persons, as soon as practicable, tQ examine, arrange, and,digest, the accounts and proceedings of the different officers whb have had the bonds, notes, judgments, &c., due the State on account qf the fractions* in their manage- ment; and also the accounts paid into the treasury by each of said officers, and the compensation allowed to each; and at what time; and by virtue of what laws or resolution : whereupon they shall proceed to allow and adjudge to Adam G._ Saffold,. Esq., such sum for his extra trouble in collecting as shall seem just and proper, which, upori being approved by the GoVemor, he is hqreby authorized to pay out of any moneys in the trea- sury, not otherwise appropriated, or to discount to the said Adam G. Saffold; from any moneys in his hands not paid over. And be it further resolved, That his excellency shall allow to the persons appointed by virtue of the foregoing resolution, a reasonable compensation for their trouble. Approved, December 22d,. 1821. , , [No. 99.]. HbusE or Representatives, , >' November 21th, 1821.' • Resolved, That Miles Davis, Esq., be, and he .is hereby ap- pointed a Notary Public for the courjty of Habbersham. Be it further resolved, That Timothy Edwards fie, and he is hereby appointed a Notary Public of the county of Richmond. Approved, December 12th, 1821. [No. 100.] House of Representatives, 1 * December 20th, 1821. Resolved, That his excellency the Governor be, and he is hereby authorized and required,, to appoint some, fit and proper person to act as hiilitary store, keeper for the State at Milledge- ville, with a salary of three hundred dollars per, annum, to be paid quarter annually, out of the contingent fund, whose duty it shall be to keep the arms, and ammunition, and other stores intrusted tq him, in a military manner; and make ah annual report to the Legislature ; and the muskets, and other military stores, be kept in such a situation as to enable the military c6m- mittee to inspect them particularly. , ' ' Approved, December 22d, 1821. • [No. 101.} t House of Representatives, ' i ' . December 19 th, 1821. Whereas, by articles of a treaty entered into between com- missioners on the part of the United States, and the Creeks, head men, and warriors of Creek nation, entered into at the Indian Springs, on the 8th day of January, 1821, it was agreed that the United States should pay to the State of Georgia what- ever balance might be found due by the Creek nation to the citizens of said State, whenever the same should be ascertained, in conformity to the reference made by the commissioners of Georgia, and the head men. and warriors of the Creek nation; which said, balance was to be paid in five annual instalments, without interest, not exceeding the sum of two hundred and fifty thousand dollars: , And whereas, a commissioner has been appointed in pursu- ance of said reference, and has been some time employed in the examination of the claims aforesaid; and, from the amount ascertained, there being no doubt but that other claims remain to be brought in, or that they fall far short of the sum provided for their satisfaction. Be it therefore resolved by the Sqpate and House of Representa- tives of the State of Georgia, in General Assembly met, That his excellency the Governor be requested to communicate with the President of the United States, with a view to procure the com- mission aforesaid to be continued and kept open until the first day of March next, either in this State, or such othVjT place as the President may, appoint; and that instructions for authenti. eating claims be so modified as to authorize the taking of evi- dence before the Superior Courts while in session. And be it further resolved, That our Senators in Congress be instructed, an,d our Representatives requested, to endeavor to effect Such arrangement as will, admit the payment of the same, to be ascertained as aforesaid, and interest, by way of damages, at earlier periods than those contemplated by said treaty., And be it further resolved, That his excellency the Governor be requested to transmit to the President, and to each of our Senator^ arid Representatives in Congress a copy of the forego- ing resolutions. , • 1 Approved, December 22d, 1821.' [No. 102.] ' House of, Representatives, ' , n -, ■ December l9th, 1821. , 'the Legislature of the State of Georgia having, by a memo, rial, remonstrance, and protest, adopted at their annual session of 1819, expressed their views upon the subject ota compliance on the part of the Uriited States, with the article of treaty and cession, concluded in. the , year 1802; and an appropriation having been made' by Congress, for the purpose of hold- ing treaties with the Creek and Cherokee nations of Indians, for the acquisition of territory for the use of Georgia, a part of which appropriation remains unapplied to the objects for which it was intended : and whereas, the solemnity of the contract between the United States' and the State of Georgia, the con- sideratiori upon which it was founded, the interests of the citi- zens, and the growth and prosperity of our institutions, all re- quire a further extinction of Indian title : ^ , Be it therefore resolved by the Senate and House, of' Represen- tatives of the State of Georgia in General Assembly met, That his excellency the Governor be requested to bring the- subject of said memorial before the President and Congress of the United States, to the end that provision may be made for holding, a treaty with said Cherokee nation of Indians.' And many of the citi- zens of this State having claims of long standing against said na- tion, for spoliations heretofore committed, and for which indem- nity has been promised in the. several treaties of Augusta, Hopewell, Halston, and Philadelphia: 1 Be it further resolved, That if commissioners be appointed on the part of the United States,, to treat, for territory, that his Ex- cellencythe Governor be, and he is hereby-authorized to ap- jtoirit two commissioners on the part of the State, to be present at said treaty, and under the authority of the President, to asso- ciate with such commissioner as he may appoint; and that they demand satisfaction for all claims aforesaid, and restoration of all property in said nation which can be identified as belonging to the citizens of this State. v And be it further resolved, That our Senators in Congress be instructed, and our Representatives be requested, to use their best exertions in effecting the objects of these resolutions, and that a copy be sent to each of them, and to the President of the United States..., Approved, December 22d, 1821. [No. 103.] House of Representatives, December 19 th, 1821. The joint Committee of Finance, to whom was referred the pe- tition, of James Pilot, administrator of Jess© H. Harrison, de- ceased, report:, That the prayer of the petitioner is reasonable, and ought to be granted; therefore recommend the following resolution: RESOLUTIONS.—1821. 17 Resolved, That the sura of three hundred and sixty-four dol- lars and aixty-nine cents be allowed the said James Pelot, ad- ministrator of the estate of Jesse H. Harrison, deceased, in full for rations furnished the militia on an expedition from Mcintosh county to the frontiers of Wayne county, in April, 1818, by the said Jesse II. Harrison, to be placed in the appropriation law. Approved, December 22d, 1821. [No. 104.] House of Representatives, * . December 20th, 1821. Resolved, That his excellency the Governor be requested to suspend further proceedings against William S. Taylor, former tax collector of the county of Mcintosh, and his securities, until the next meeting of the Legislature. Approved, December 22d,'1821. [No. 105.] House of Representatives, December 21 st, 1821. Resolved, That his excellency the Governor be, and he is hereby, required to have the representative chamber so filled with convenient seats or pews, as may be most conducive to the convenience of the members ; and that the expense attend- ing the same shall be paid out of the contingent fund. Approved, December 22d, 1821. [No. 106.] House of Representatives, December 21 st, 1821. Whereas, Spencer Owen, sen., of Philips district, Jones county, has in the present land lottery given in his name for two draws through mistake, and has drawn two tracts of land ; one in the fourteenth district of Houston, and sixth square ; and one in the sixteenth district, Dorley, and forty-second square : and he wishes hereby to relinquish all right or interest to said lot or lots of land : wherefore Be it resolved, That the commissioners of the land lottery now progressing, be instructed to feplace in the wheel of prizes said lots of land drawn as aforesaid, and that the name of Spencer Owen, sen., be stricken from the books. Approved, December 22d, 1821. [No. ,107.] ' House of Representatives, December 2\st, 1821. Whereas, Cleon Nalley and George Wallace became bound for the- appearance of Edward King, at November term, 1820, of Richmond Superior Court, then and there to answer to a charge of larceny; and the said Edward King failing to appear, the bond of the said Cleon Nally and George Wallace became forfeited : Resolved, That the Attorney General of the middle circuit be authorized to stay all furthpr proceedings against the said Cleon Nally and George Wallace, for twelve months, unless he should consider further prosecution necessary to public justice. , Approved, December 22d, 1821. [No. 108.] House of Representatives, November 13th, 1821. The Committee whom was referred the .petition of Rachael Riggs, has had the same under consideration, together with the documents accompanying the same, and beg leave to report: that the prayer 6f the petitioner is reasonable, and ought to be granted, and therefore recommend the following resolution : Resolved, That the sum of eighty dollars be put into the ap- propriation law, for the use of and to be paid to the saidRachael Riggs, from any money which may be in the treasury not other- wise appropriated : Provided, that nothing herein contained shall be taken as precedent to authorize any other applicatipn from the petitioner aforesaid to a future Legislature, for relief in the premises. , Approved, December 22d, 1821. [No. 109.] * House of Representatives, » - December 21st, 1821. Resolved, That the Attorney CcncrA -"A- -A Ale circuit be authorized, and he is hereby required, to suspend the issuing of execution against John Morrison of Washington county, until the meeting of the next Legislature, in consequence of a fine .imposed on the said Morrison for gambling. Approved, December 22d, 1821. [No. 110.] House of Representatives, December 20th, 1821. Resolved, That the Treasurer and Comptroller General apply to the Solicitor General of the Easter district, to ascertain if James Powell, tax collector of Glynn county, for the years 1805, 1806, 1807, and 1809, has paid the taxes of those years to the sheriff of Glynn county; and if the said James Powell has paid the taxes to the sheriff aforesaid, to request the Solicitor General to take prompt measures to recover the money from said sheriff. Approved, December 22d, 1821. [No. 111.] House of Representatives, December 15th, 1821. Resolved, That Israel K.Tefftbe, and he is hereby appointed a Notary Public for the county of Chatham. Approved, December 22d, 1821. [No. 112.] House of Representatives, November 12th, 1821. Whereas, John Rees, of Hancock county, drew in a late land lottery, a tract of land, number two hundred and ninety-two, and twentieth district of Early county, which upon examination ap- peared to have been first drawn by another person, to Whom a grant has been duly issued : and whereas the said John Rees hath complied by his oath with the requisites of the act passed on the 15th of May, 1821, to dispose of, and distribute the lands lately acquired by the United States for the use of Georgia: It is hereby resolved, That the said John Rees have leave to give in his name to the commissioners of the present land lot- tery; and that the said commissioners be directed to receive the same immediately, and deposit forthwith in the proper wheel. Approved, November 14th, 1821. [No. 113.] House of Representatives, December ls£, 1821. Resolved, That Samuel Willford be, and he is hereby, ap- pointed a Notary Public for the county of Madison.- Approved, December 12th, 1821. [No. 114.] House of Representatives, November 23d, 1821. Resolved, That Charles Dunham, Ebenezer Jackson, Jun., George D. Sweet, and Stephen Harris, be, and they are here- by appointed Notaries Public for the county of Chatham. Approved, November 28th, 1821. [No. 115.] ' House of Representatives, November 21 st, 1821. Whereas, Thomas F. Anderson, of Duncan's district, in the county of Franklin, is entitled to two draws in the lottery now progressing, and actually gave in accordingly : and whereas, it appears by the return of those appointed to take in the names of those entitled to draws, that the name of Thomas F. Adrian, of the above named district, when no such person resides therein : and whereas, it appears, by the affidavit of George W. M'Alister, of Demmery's district, Bryan county, that he was out of the State at the time persons entitled to draws in the present land lottery were authorized to register their names for draws : and whereas, it further appears, by the said affidavit, that the said M'Alister is entitled to two draws in said land lottery : Resolved, That the commissioners of the lottery enter the name of Thomas F. Anderson, and deposit the same in the wheel forth- with for one draw ; and that the name of George W. M'Alister, of Bryan county, Dummery's district, be entered for two draws. Approved, November 26, 1821. 18 RESOLUTIONS.—1821, [No.-116.] ' . House of Representatives, > November 27th, 1821. The Committee, to whom was referred he petition of Mrs. Martha Johnson, of Clark county, believe the prayer of the petitioner reasonable and ought to be granted, and beg leave to report the following resolution ; , i • Resolved, That the commissioners of theland lottery be di- rected to deposit in the wheel forthwith, the name of Martha Johnson, of Brown's district, of Clark county, for one draw ; and the orphans of Daniel Johnson, of * Brown's district, for one draw, * . < . 1 - r Approved, November'29th, 1821. [No. 117.] , House of Representatives, ' , ' December 15th, 1821.. Resolved, That an appropriation be made in favor of Mrs. Stanly, for sixty-one dollars and thirty-two and half- cents,, for provisions furnished the militia on the frontiers of Campden and Wayne, in the year 1812. Approved, December 22d, 1 §21, , , • ' [No. 118.] House of' Representatives, ' y ' . , December l&th, 1821. Whereas, it appears, by the affidavit of John C.Rahn, that he was a fortunate drawer in a former land.lottery, and by mis- take gave in his name fortwb. draws in the present lottery, and has drawn two tracts of land therein : ' . \ \ , Be it therefore resolved, That the commissioners of -the lajid lottery now drawing, do immediately "restore the prizes which stand drawn to the name of the said John C. Rahn back to the Vheel of prizes, subject to be again drawn iji the progress* of the,said lottery. 1 ' Approved, December 15th, 1821. - " , . * Resolved, That seveh commissioners be appointed to const!- tute the board, in lieu of those heretofore appointee^ and that John Howard, Williams Rutherford, Isaac Harvey, Jacob Bar. row, Richard A. Blount, David Blackshear, and Thomas Moore, be, and they are hereby appointed Commissioners of the Oqo- nee Navigation Association, with full powers under the law in that Case made and provided. Approved, December 22d, 1821. [No. 123,] , House of Representatives, , December \2th, 1821. Whereas Henry Reeves, of Rossefs district, Jones county, has given in his name for a draw, in the present lottery, and has drawn lot No. 261, in the 16th district of Henry, beforf he was apprised that he was a fortunate drawer in a former lot- tery : • ; ' .. Be it therefore resolved, That the commissioners of the land lottery now drawing be, and they are hereby required to place the said lot No. 261' in the wheel of. prizes : and that" in the event of the Aaid Henry Reeves drawing another, the same shall be returned in like manner, subject to be drawn again by some tither person, aqd that the said Henry Reeves' name be stricken from the books of the commissioners.' Approved, December 13th, 1821.' . [No. 124.] [No. 119.] House of Representatives, - . ! December Xlth, 1,821;.' Resolved, Ebenezer C. Gro&venpr be/and. he is hereby ap- pointed a commissioner of the academy of Mcintosh county, in'.the place of Gen, John Mcintosh, resigned. Approved, December 19th, 1821. , , / House oF Representatives, s ' November 27th, 1821. ,'i Resolved, That William Purvis^ be, and he is'hereby ap. pointed a Notary Public for thecdunty of Glynn, Approved, December 12th, 1821, [No. 125.] ; x House of Representatives, ,• , / 1 v " November 29th, 1821. Resolved, That Charles Seaton Henry, Esq., be, and he is hereby appointed a Notary Public for the county of Camden. Approved, December 12th', 182*1'.';' - . [No. 120.] - i House of Representatives, - December 6th, 1821. Resolved, That John Kell, Esq., be, and he is hereby ap- pointed a commissioner of the academy of Mcintosh county, in the place of, Virgil II. ViVion, refusing to accept. , Approved, December 19th, 1821. , . [No. 121.] . House of Representatives, .• v December 1st, 1821. Resolved, That Charles C. Cooper be, and he is hqreby ap- pointed a Vendue Master for the county of Glynn. , Approved, December 12th,, i821. , : [No. 122.]. ' House jof Representatives, > December 1st, 1821. The Committee on Agriculture and Internal Improvement,, to whom was referred the report of the commissioners; of the Oconee navigatiod, report: 1 ^ 1 That they have had the said report under their attentive and deliberate consideration, and take much pleasure in saying that they are well pleased to hear and know that any of the naviga- ble waters of this State have received so much of the attention of the commissioners, as the Oconee from this place down has has done. They take much pleasure in saying that it is their decided opinion, that the commissioners of the Oconee naviga- tion shall persevere in their efforts to further improve the navi- gation of said river, with all the means which now are or here- after may be under their control, and recommend the following resolution: [No. 126.] 1 ; House of Representatives, 1 - / December 20th, 1821. The jbint Committee on the state of the Republic, to whom* was referred the memorial of the Mayor, Aldermen, and Com- mdii Council, of the City of Washington, soliciting the Legis- latiire of this State, to repeal the law prohibiting, under certain penalties, the;introduction and sale of lottery tickets, so far as to- allow the unrestricted sale of such tickets as maybe issued for lotteries authorized within the district bf Columbia, beg leave to report: v That while they recognize the full force bf the argu- merits and feelings expressed in the .memorial under their con- sidefationj and readily concede'that the district of Columbia, having no: $tate rights of its. own, is emphatically the object of' the nurture and favor, of: all the States, as being the proud ground upotr Which the national government ]abors for our com- mon good, and as consecrated by, and being intended to per- petiiate, the name of the illustrious Washington: yet your com- mittee cannot, recommend the repeal of the law of Georgia, enacted to prevent the sale -of lottery ticketg" within her limits. Such repeal in favor of the District of Columbia might be tanta- mount to a total repebl of its operation, as it. would1 open a door to much evasion. The reasons of policy and fight, which led to the enactment of the law in question, have been ratified by experience, and any relaxation which might tend to defeat its salutary-provisions, ought to be avoided. The committee, therefore, offer for adoption the following resolution: Resolved f That the prayer of the Mayor, Aldermen, and Com- mon Council of the city 6f Washington, in the premises, be refused. . - Approved, December 22d, 1821. [No 127.1 ' House of Representatives, , L ' November 1 \th, 1821. Resolved, That the Committee on Printing be directed to con- RESOLUTIONS.—1821. 19 tract for the printing of one hundred and fifty copies of the memorial of the trustees of the University of Georgia. Approved, November 28th, 1821. [No. 128.] House of Representatives, December 20th, 1821. The select Committee to whom was referred the communica- tion of his excellency the Governor, upon the subject of claims which accrued in favor of certain of our citizens for military services, rendered in the years seventeen hundred and ninety two, three, and four, under the authority of the President of the United States, have bestowed upon the reference an attention, if not proportioned to the importance of the subject, at least as extensive as their time would admit. Your committee cannot withhold an egression of their surprise that services rendered under such high sanctions, at such hazardous periods, and so beneficial in their results, should have passed so long, even without the scanty requital wThicfi constitutes the soldier's pay. But believing, as your committee do, tha.t neither the justice of the claim nor the disposition to satisfy it has been impaired by time, they have had reference to documents, by which they aye induced to the recommendation of a course, in the success of which they have a confident hope. Your committee submit the following memorial: The memorial of the Legislature of the State of Georgia, to the President of the United States, showeth : ( That your memorialists feel constrained through the highest organ of the government to make this appeal in behalf of a por- tion of the citizens of the State, whose interests have been long forgotten, or remembered but to be disregarded. Your memori- alists cherish no belief that this protracted neglect has proceeded from a deliberate intention to practice towards Georgia an act of injustice; yet they are at a loss to assign a reasonable apology for the frequent rejection of such well founded demands. Georgia, from her exposed and frontier situation, has, perhaps, found it necessary to sustain more of the cruelties and suffer- ings incident to Indian aggression, than any State in the Union. Although she was one of the original confederation, and bore' her full portion of the burden by which the colonies were op- pressed, yet the treaty of peace of seventeen hundred and eighty- three did not furnish that repose which resulted to others of the States and which she so ardently wished. Her agonies'were of longer duration, and were not alleviated by the reflection that she was suffering, in the cause of liberty. Her enemy was savage, and her warfare was for protection only. Your memorialists proceed to enumerate the grounds of their reliance for success. In the year seventeen hundred and ninety-two, the frontier of the State, which was hounded by savages, was upwards of four hundred miles in extent, The Creek and Cherokee nations were numerous and war-like, and wrought up to desperation by repeated defeats and the total discomfiture pf a more formidable foe, with whom they had lately been in close alliance. It was against these that Georgia had to make her defense. She was young, her population spare, and her resources few : yet being a member of the Union, she was entitled to protection. With a view to its attainment, a communication was made to the only authority tapable of affording aid. In the fall of that year the Secretary of War under the directions of the President, vested the Governor of Georgia with a discretion suited to the exigency, which discretion was exercised in a demand upon the agent of the United States for furnishing supplies, to provide rations at different stations, for the militia that might be called into service. The obedience which the agent yielded to the demand, is at least conclusive that he did not question his authority; and the additional fact that the General Government paid the expense of the supplies, is conclusive that the authority existed, and that it was of the highest order. Your memorialists see no distinction between the obligation to pay for the supplies, and the services rendered by those who received them. Rations and pay are inseparable, and form the necessary concomitants of a soldier in •service. Under the same authority a line of forts were built from the sea-shore to the mountains, and garrisoned by sufficient force. This plan was in pursuance of the authority delegated, which required that the operations should be purely " defensive." If Georgia had conducted the enterprize without dependence and without restraint, its character would have been different. The murders and aggressions of the spring of seventeen hundred and ninety-three, made those tribes the objects of just vengeance, and a war of extermination, if in any case, would have been here justifiable. But the State, having no original authority of her own, pursued her [course] in conformity to the rules which were prescribed. Being a mere agent, she had to execute the will of her principal, atid that will was expressed under limita- tions which cost the lives of many of our citizens. These limitations are to be found in a communication from the war department, dated in May, seventeen hundred and ninety-three, when from " considerations of policy?' Georgia was directed to avoid " offensive expeditions." These considerations of policy Were not predicated upon the safety of our State, but were founded upon our relations "with foreign powers," and the pendency of "treaties with the Northern Indians." These facts are adverted to for the purpose of showiflg with the greater certainty, that Georgia did not act for herself, but that she was paying obedience to her federal head. Another circumstance carries this position beyond dispute—there is not to be found in our statute book, or file, or of record in the State of Georgia, any legislative authority for the service which was rendered during those periods: no one however doubts either the performance of the service, or its hazard and severity. The only question to be settled is, who is responsible for the expense. Your memorialists,, in disclaiming all liability on the part of Georgia, will ever contend that a most solemn obligation rests upon the United States; An obligation doubly sacred,involving as it does the faith of the Republic and the pledge of the Repub- lie's father. Instances are not wanting to proye, that the like service, during the same periods, and rendered under the like authority, has been compensated from the general treasury. Georgia was not alone, during those times of trial, in her ex- posure to the incursions of savages. The State of South Caro- lina, the north and south-western territories, which have since been divided into rich and flourishing States, have had their periods of hostility; and although they passed the boundary of " defensive warfare," and actually invaded to enemies' country, and this too against orders, yet they have never been reduced to the humiliating necessity of repeating their application. If we be told that we have slumbered over our rights, and that our demand is stale, we answer, that as between governments we know no limitation, and that the subject has been frequently brought to public notice by the able and vigilant Representatives of the State. It may be the misfortune of Georgia, that the evidence of the performance of these services is not so full and satisfactory as could be wished ; but the defect proceeds from no omission of her own. ' It may be her further misfortune, that she is compelled so often to fepeat her application; but this does not impair the strength of her claims. She renews the subject on this occasion under increased hopes of success; believing that there is no disposition on the part of the Gene- ral Government, to withhold from our State the things that are hers. Your memorialists beg leave to refer to the following docu- ments in support of their views upon the subject under investi- gation: Letter from the Secretary of War to the Governor of Georgia, dated 27th October,,1792. Another letter between the same parties, dated 30th of May, 1793. Another letter between the same parties, dated the 10th of June, 1793. 20 RESOLUTIONS.—1822. A letter of the samesdate, from the Secretary of War to the Governor of South Carolina. A letter from the Secretary of War, to the Governor of Georgia, dated 19th July, 1793. A letter from the Secretary of. War to Captain Constant' Freeman, dated 5th September, 1793. A letter from the Secretary of War to the Governor of Georgia, dated 22d February, 1794. , , And a letter of the same date to Mr. Habbersham, Collector of the Customs; ,and also to a report of the department of War, da'ted the 3d of February, 1803. The whole of these, it is pre. sumed, will be found in the office of the Secretary of War. The amounts which are claimed for the services rendered are speci- fied in the document last above referred*to. Your memorialists pray that the subject may receive the con. sideration to which it is entitled, and that the Tesult may be to the benefit of the citizens of Georgia. The committee also recommend the adoption of the following resolutions t ' • Resolved, That his excellency the Governor be requested to transmit copies of the foregoing preamble and memorial to the President of the United States and oil* Senators and Representa. tives in Congress: and that he , also forward such documents and information as he rri'ay possess or be able to obtain, calcu. lated to -facilitate inquiry, or effect the end intended. 'And be it further resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their best exertions to procure an appropriation or other arrangement, finally adjusting the points as set forth in the foregoing memorial. . Approved, December 22d, 1821. R E.S OLU TIOJY S . ; WHICH ORIGINATED IN THE SENATE, IN 1822. [No. 129.] ' In Senate,, November 11th, 1822. Ybur committee are of opinion that said lots should be sold ( Resolved, That our Senators and Representatives in the Cori- as the property of the State. They therefore submit th^ follow, gress of the United States be requested to use their endeavors ing resolution: ' I ; ' ■ to get an act of Congress passed, to give the assent of Congress Beit resolvedbythe Senate and House of Representatives, That to an act of the Legislature of. this State, passed the" 10th day the'commissioners hfereafter to be appointed, or which may now of December, 1817, to establish, the fees of thd Harbor Master be appointed, be, and they are hereby authorized and'required, and Health Officer of the port of Darien. . . to sell said lots undrawn, at the same time and place, and under Approved, December 10th, 1822.-/ ' , • ' like-restrictions, as the fractional lotsirithe same districts; and ■— 1 that the proceeds thereof be, and the Same is hereby declared [No. I30«] 1 In Senate, November llih^ 1822. to be, a part of the funds of this State. . Resolved^ That Scott Cray and James S. Bond be, and they And be it further resolved, ,Thai the Governpr is hereby re- are hereby appointed Notaries Public for the co.unty of Mcln- ' quested to furnish the commissioners heretofore appointed, or tosh. - / 1 ' ' ^ that may hereafter be appointed, to sell the fractional surveys Approved, December 13th, 1822. c belonging to this State, with a list and number of all lots of jand - r—not drawn for, which lie within the limits of their respective [No. 131.] •- ; 1 In* Senate, November VHth, 1822.1 districts, for the purpose of sale,'agreeable to the provisions of , Resolved, That Uriah Wilcox be, and he is hereby appointed the foregoing resolution. ; ' Notary Public for the county of Liberty. , Approved, December 13th, 1822. Approved, December 13th, 1822. ' , . - V ' — ; ' ■ ; [No. 135.] , " " / : In Senate, November 16$, 1822. [No. 132.]' In Senate, November llth^ 1822, .Resolved, That Dr. • Henry Freeman be, and he is hereby Resolved, That the Executive appointment of,Richard J. , appointed a Notary-Public for the cqunty of Franklin. Nichols, as ai commissioner of the Oconee River Association Approved, December 13th, 1S22. ; Company, in the place of Jacob Barrow, resigned, be, and the same is hereby confirmed. [No. 136.] ' In Senate, November lAih, 1822. Resolved, That George Linder be, arid he is hereby appointed Resolved, That Richard Winn be, and he is hereby appointed commissioner of the Oconee River Association Company, commissioner of the, Chattahoochie River in Hall county, to below Milledgeville, in the place of John Howard, deceased. fill the vacancy occasioned hy Simeon White, removed. Approved, December 13th, 1822. , Approved, December 16th, 1822. ' » ✓ i / [No. 133.] - In Senate, November 18th, 1822. ' [No. 137.] In Senate, December 5th, 1822. Resolved, That Nathaniel H. Olmstead be, and he is hereby Resolved, That Benjamin S. Lamb, Esq., of Bryan county, appointed a Notary Public for the county of Chatham. be, and he is hereby appointed a Notary Public for said county. Approved, December 13th, 1822. ' Approved,, December 16th, 1822. [No. 134.] In Senate, November 25th, 1823. [No. 138.] " In Senate, December 7th, 1822. The Committee on the state of the. Republic, to whom was Resolved, That John Williams, of Milledgeville, be appointed referred so much of his excellency the Governor's communica- a commissioner of the- Oconee Navigation Association, in the tion as relates to lots undrawn, have performed the duty assigned place of Williams Rutherford, resigned. _ thetn. * ' Approved, December 16th, 1822.' RESOLUTION S.—1822. 21 [No. 139.] In Senate, December 4th, 1822. Resolved, That Reuben Wilkinson, Robert M. Williamson, Jun., Richard W.Miller, and Augustus S. Jones, be, and they are hereby appointed commissioners of the navigation of Brier Creek, in addition to those already appointed. Approved, December 16th, 1822. [No. 140.] In Senate, iVbvem&er 25^, 1822. The Committee on the state of the Republic, to whom was re- ferred the petition of Thomas Hyde and Robert Armor, pray- ing that further payment of money due by them to the State, on account of fractions purchased.by them of the Scate, within what is called Indian reserves, maybe suspended, beg leave to report: That the prayer of said petitioners is reasonable, and that they, as well as all persons similarly situated, deserve relief, in so far as to forbear from requiring such persons to pay any further mo- ney on said purchases, until the government of the United States shall have taken such measures as may confirm the title of said purchasers to said fractions. And further, your committee are of opinion, that should the title of said purchasers eventually not be confirmed, that then the State is in good faith bound to refund to them whatever mo- ney they may, uifder such purchase, have already paid to the State. Tour committee beg leave to submit the following resolutions : . Be it resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That all persons who may have purchased of the State any fractional survey or sur- veys of land within those traets commonly called Indian re- serves, shall not be required to make any further payment for the same until their titles to the same are absolutely confirmed- And be it further resolved, That his excellency the Governor be, and he is hereby empowered to suspend all suits on bonds given for lands purchased as aforesaid, until otherwise directed by the General Assembly. Approved, December 16th, 1822. [No. 141.] In Senate, November 16th, 1822. .The joint Committee on Printing make the following report: That they have contracted with James Camak for the printing of two thousand five hundred copies of the laws which may be passed during the present session of the Legislature, at two and one ninth cents per sheet, of eight octavo pages; and for the printing of two thousand copies of the journals of each branch of the General Assembly, at one and eight tenths of a cent per sheet of eight octavo pages^; the laws to be delivered by the. first of February, and the journals by the first of March, next. The reason of this difference of the price of printing the laws and printing the journals will be found in the more substantial forms and superior arrangement which is proposed to be given to the former : the first by a binding similar to that of the pamph- lets containing the laws of the United States, or the Edinburgh Review, a sample of which was offered to your committee, and the latter by placing the laws under their respective heads, as in the compilation by Mr. Lamar. All which is respectfully submitted.. Approved, December 16th, 1822. [No. 142.] In Senate, November 1th, 1822. Resolved, That the executive appointment of Henry Gignil- Hat, Esq., as a commissioner of the Mcintosh county Academy, in the place of Hamden Mcintosh, Esq., resigned, be, and the same is hereby confirmed. • Approved, December 16th, 1822. [No. 143.] In Senate, December 16th, 1822. Resolved, That John Paramore be appointed a commissioner for the academy of Telfair county, in the place of Benjamin F. Griffin, deceased, and that John L. Lamkins be added to said board. Approved, December 20th, 1822. [No. 144.] In Senate, December \%i'h, 1822. Resolved, That Brazil Lamar, sen., be, and he is hereby ap- pointed commissioner for the Savannah river, from Augusta to Savannah, in the room of Walter Leigh, deceased. Approved, December 20th, 1822. [No. 145.] In Senate, December 12th, 1822. • Resolved, That John Wise, Aaron Everitt, James Rawlas, Malachi Denmark, and Henry Dutton, be and they are hereby appointed commissioners of the public buildings for the county of Bullock, and to cause a jail to be built of such construction as they may deem sufficient and proper : Provided, on the re- commendation of the grand jury, the Inferior Court may levy an extraordinary tax, sufficient to carry said resolution into effect, agreeable to act of 1821. Approved, December 20th, 1822. [No. 146.] In Senate, Decernber \4th, 1822. Be it resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Thomas M. Mur- ray be, and he is hereby authorized and appointed a commis- sioner of Lincoln academy, to join and co-operate with those heretofore appointed for said academy, and any four of said commissioners shall be sufficient to form a board, Approved, December 20th, 1822. [No. 147.] In Senate, December 18th, 1822. Resolved, That Major Jacob Wood be, and he is hereby ap- pointed a commissioner of the river Altamaha, in the place of James Nephew, Esq., resigned. Approved, December 21st,, 1822. • [No. 148.] In Senate, December llih, 1822. Resolved,That Benjamin Odell, Esq., be, and h6 is hereby ap- pointed a commissioner for the town of Claytonsville, in the county of Rabun, in the place of William Jones, refusing to serve. Approved, December 21st, 1822. [No. 149.] In Senate, December 19th, 1822. Resolved) That the Secretary of the Senate and Clerk of the House of Representatives employ additional clerks to assist in enrolling the laws passed by this Legislature, and that the Go- vernor pay them a" reasonable compensation out of the contin- gent fund. Approved, December 21st, 1822. [No. 150.] In Senate, December 21st, 1822. Resolved, That Funny F. Gatlin be appointed a commis- • sioner of the Ockmulgee navigation company, in the place of Benjamin Newborn, removed ; and that Harrison Smith, Wil- liam Hamilton, and Richard Smith, be added .to said board, with power to receive all appropriations for the use of said company. Approved, December 24th, 1822. [No. 151.] In Senate, November 27th, 1822. Resolved, That his excellency the Governor be, and he is here- by requested, to appoint some fit and proper person of the west- ern circuit to appear at the several courts in said circuit in each and every case in. which the title to the reserves of land derived, or alledged to be derived, under the treaties made by the United States with the Cherokee Indians, and under grants from the State of Georgia, shall come into controversy, and move the said court to reserve the points arising in the said cause, for the pur- pose of obtaining the opinion of all the Judges of this State thereon. Approved, December 24th, 1822. [No. 152.] In Senate, December 11th, 1822. The Committee to whom was referred the petition of John Knight, a revolutionary soldier in the regular company of the 22 RESOLUTIONS.—!822. first regiment of this State,.have had the same under consi- made by the Unacoy Turnpike Company, and the accompany- deration, and are of opinion, that the petition is reasonable, and ing. documents, have had the same under their consideration, ought to be granted : your committee, therefore, submit the fol- and beg leave to report ? lowing resolution,: , , ', That the subject matter contained in the said documents ap. Resolved, That the sum of five hundred dollars be allowed pears to be one of controversy and difficulty among the persons to the aforesaid John Knight, in lieu of, and commutation for, composing said company, and can only be properly settled his bounty warrant as* aforesaid, and that the sum be paid, out among themselves. Your committee therefore recommend the of the contingent fund. • •' ' following resolution: Approved, December 24th, 1822. > ,. * • > Resolved, That the documents be returned to- the Executive Vf—^, Department, agreeably to a request in said communication, [No. 153.] r .In Senate, December20th, 1822. and this, committee be discharged from the further considera- Resolved, That the honorable Simon Holt, Thomas Stocks, tion of said communication and accompanying documents, and Samuel Beall,/be, and they are hereby appointed^ com- . Approved, December 25th, 1822. mittee to adjust the accounts of the Senate; and jthey are also , —"~T-~ x appointed a committee to join such as may be appointed on. the [No. 157;.] ' InSenate, December 5lh, 1822. part of the House of Representatives,;to see the unfinished "N The Committee oh the Atate of the Republic, .to whom was business of the General Assembly completed, and that they be referred that part of the Governor's, communication' which re. allowed three days tq complete the same1 after the adjournment gards the extension of territory, &c. &c. and the documents of the Legislature. * ' /• accompanying the same* ask leave'to report: Approved1, December 25th, 1822. . ' • That they have had the said communication and documents . . | ■' ' ,, under consideration^ and findThat the same relates, £No. 154.] \ " U' Senate, December 23d, 1822. 1st. To the claims of certain citizens of; this State against Resolved, That his excellency the Governor be, and he is the Creek Indians. , - ' " ' '. • hereby requested to purchase a sufficient number of Georgia 2d. To the subject of procuring lands from the Indians for Justices, to distribute in, the seyeral counties where they have' this State, in terms of the articles of cession and treaty be- not been distributed, and distribute the same with the Jaws and tween the United States and this State. , 1 journals of the present session, and that they pay for the eame ' 3d. To the fees of Harbor Master and Health Officer of the ' out of the contingent fund: Provided, that there is a sufficient port of Savannah. number of copies now in print, and that they cah be purchased Upon the first of these subjects of reference, it appears to at a'pricenot exceeding five dollars each. ■ , the,committee, from the communication of the Goverhor, that Approved, December 25th, 1822. ' the President of the United States, at the request of the Legis- ' — ■ • ' ' ,lature and Executive of this State, has already twice extended .[No. 155.] ■ In Senate, December 23d, 1822. the time within which the said 'claims maybe preferred, and Resolved,* That James S. Friersdn, Esq., be a' commissioner nothing lias been exhibited to the committee to authorize an , on the,-part of this State, Who is hereby authorized and em- application at this moment for its further enlargement. Time powered, by himself and such deputies as he may think proper is allowed to claimants until the first of January .next; and to employe not exceeding one for each county, to rent until the should ariy circumstance^ now exist, or hereafter occur, which first day of January, eighteen hundred and twenty.four, all the may render its extension proper, the disposition 'already mani- unsold fractions belonging to this State, at a public outcry or fested by the President of the United States is, in* the opinion private!, sale : Provided always, that if, any of the said fractions 6f the" committee, a sure guaranty that such extension will be do not rent at somethingJike their vahre, then the said commis- allowed. Your committee are duly impressed with the inter, sioner or deputy is not to rent, but to compel the person living esting nature of the subject which has been referred to them, an or occupying such fraction to desist -r and if any person, is and" have, given* that consideration which, their time and oppor- found trespassing on any of the aforesaid Tractions not rented tunities would allow. They regard it as being in close con- asY aforesaid, immediately to proceed to prosecute in behalf of nectiori with the interest of our citizens, with the finances, and the State ; and it is hereby-made the duty of tbe Solicitor Ge- improvements of bur State, and with her character and influ- neral to attend to the said prosecution. _ . - ence as a member of the Federal Union. . The extension of And be it further resolved, That the said commissioner shall our limits produce no unfavorable influence upon the strength take bonds for the payment of an^r sums which may be stipu- or compactness of our organization. On the contrary, the lated to, be given for the rent of any fraction or fractions as purchases which have been made since eighteen hundred and aforesaid, payable to the Governor for the time being or his seventeen are ..inhabited by a population enterprising and re- successors in office, with sufficient security; which said bonds spectable in peaee, and who would form a confident reliance he is hereby required to deposit in the Treasurer's office of this in times of war. An extension to our final limits, your com- State. : > . -/ •■ . mittee consider an object much to be desired : until this object And be it further; resolved, That the said commissioner be is attained, a permanent and uniform course of legislation can- entitled to receive, as a fall Compensation for his,services, ten not be well pursued, and, general Schemes of internal improve- per centum on the bonds or notes arising from the said rent as rnent and public education must be measurably impeded. In aforesaid. . ' ' the older sections of the State, the population is already as And be it further resolved, That the said commissioner; be- dense as agricultural convenience and interest will well admit, fore he enters on the duties ,of his office, shall give bond to his The'increasing exports of the State evince her advance- excellency the Governor, in the sum of ten* thousand dollars, ment in commercial importance. For the greater encourage- for the faithful discharge of the duties required of him; and meht of this productive industry*, your committee consider it also take an oath, that he will well and truly perform the same, . important that new territory should be subjected to its opera- and that he be responsible to the State for the acts of his agents tions. That new resources should be given to our different sea- or deputies, and pay them for their services out of the pay aL port towns by an extensive back country newly acquired, lowed him by this resolution. Your committee are of opinion, that the difficulties of extm- Approved, December 25th, 1822. guishing the Indian title will increase greatly by delay. The — tribes upon our borders at one period evinced a spirit of emu [No. 156.] In Senate, December 2Oth, 1822. gration. This is subsiding; but possibly could again be ex- The select Committee, to whom was referred the communi- cited. The Seminole tribe are liable to be sent above the cation of his excellency the Governor relative to the loan Florida line, within the present Creek boundary. Some inter- RESOLUTIONS.—1822. 23 course with the white settlements is unavoidable. Such inter- course with the tribe would be particularly annoying to the citizens of Georgia, against whom they encourage a decided hostility. Your committee recommend the following resolu- tions : Resolved, That his excellency the Governor continue his exertions in furtherance of the objects of this report; and that he forward a copy thereof to the President of the United States, and to each of our Senators and Representatives in Congress. Resolved, That our Senators in Congress be instructed, and our Representatives requested, to use their efforts and influence in procuring suitable appropriations for holding treaties with the nations of Indians within the limits of Georgia; and that they aid the objects of the foregoing report in such manner as they may consider best calculated to carry them into effect. Resolved further, That this house highly approve the condupt and exertions of the Senators and Representatives of this State m Congress, previous to this time, in relation to the subject of this report. Your committee therefore recommend the following reso- luiion: Resolved, That the joint Committee on the state of the Re- public be discharged from the further consideration of the afore- mentioned reference. [No. 158.] Executive Department, Georgia, 1 Milledgeville, December 28th, 1822. J Whilst I cannot coincide with the views expressed by the Committee on the state of the Republic, in the preamble of these resolutions, on the subject of claims of citizens of this State against the Creek Indians, believing as I do, that I had submit- ted sufficient reasons in my several communications, with ac- companyiag documents, to have warranted an expectation of aid and co-operation in efforts to secure to many of our poor and sdfferitg fellow-citizens their just claims, which cannot be expected to be obtained if an extension of time is not asked for, and perhaps an enlargement of the rules under which those claims are established ; a rigid adherence to which may pre- elude many Gf the claimants from recovering their just rights: and at the same time that I do not concur in the opinion ex- pressed in the resolution as to the exertions of the Senators and Representatives of this State in Congress, previous to this time, in relation to the subject of this report, for reasons to which it is conceived unnecessary to advert; nevertheless, as the first and second resolutions, and part of the preamble, (in some measure,) possess one redeeming quality, on a subject of the highest importance to the State, the fulfilment of the fourth article of agreement and cession on the part of the United States, by the extinguishment of the Indian title to land within the State, an object of my greatest solicitude, and should be of every well wisher to the prosperity of the citizens thereof, I hereby approve the same. JOHN CLARK, Governor. [No. 159.] In" Senate, December 20th, 1822. The joint Committee on the state of the Republic, to whom was referred the correspondence between his excellency Governor Clark and Governor Bennett, of the State of South Carolina, have had the same under consideration and beg leave to report: That it does not appear to the committee to be expedient to deny absolutely to the general government the power to establish a bank beyond the District of Columbia, though they are im- pressed with a belief that the original grant of such power should be accompanied with a restriction acquiring the assent of each and every State to the location of said bank, or any branch thereof, within the limits of such State. They therefore recom- mend the following resolution: Resolved, That the Senate and House of Representatives of the State of Georgia do not concur in the amendment of the constitution proposed by the State of Pennsylvania, in the fol- lowing words : " Congress shall make no law to erect or incor- pprate any bank or other moneyed institution, except within the District of Columbia ; and every bank or moneyed institution which shall'be established by. the authority of Congress, shall, together with its branches and offices of discount and deposit, be confined to the District of Columbia. Resolved, That the Governor of this State be requested to transmit copies of the foregoing resolution to the Executives of the several States, with a request to lay the same before the Legislatures thereof. Approved, December 28th, 1822. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1822, [No. 160.] In the House of Representatives, November 1th, 1822. Resolved, That Henry J. Yalleau, Thomas M. Woodbridge, and Alexis H. Durand, be, and they are hereby appointed Nota- nes Public for the county of Chatham. Approved, November 18th, 1822. [No. 161.] In thtj House of Representatives, November 8th, 1822. Resolved, That Isaac T. Stewart, William P. Beers, Samuel C. House, John B. Mills, Peter Schenck, Joseph George, and Jacob Delamotta, be, and they are hereby appointed, Notaries Public for the county of Chatham. Approved, November 18th, 1822, [No. 162.] In the House of Representatives, November 1th, 1822. Resolved, That John Mclntire and Larkin Griffin be appointed Notaries Public for the county of Twiggs and town of Marion. Approved, November 18th,. 1822. [No. 163.] In the House of Representatives, November 8th, 1822. Resolved, That William Jackson and John G. Cowling be, and they are hereby appointed Notaries Public for the city of Augusta and county of Richmond. Approved, November 18th, 1822. 24 RESOLUTIONS.—1822. [No. 164.] I?f the House of Representatives, 1 Resolved, That the Governor be requested to take as speedy November 8ih, 1822. measures as possible to preseht this subject to the President of Resolved, That the Executive appointment of William Car. the United States, and to bring the same before Congress, if nochan, as commissioner of the academy of Mcintosh county, necessary, for the purpose of procuring the said line to be run in the place of Jacob Wood, Esq., resigned, be, and the same is as early as possible. H hereby confirmed. ' , ~ . Resolved, That the Governor be authorized to appoint two Approved, November 20th, 1822. fit arid proper persons, one of whom shall be an artist, to — • accompany silch person or persons as may be appointed on the [No. 165.] ' In the House of Representatives, part of the United States to run said line. ., November Sth, 1822. Resolved, That the Governor of this State communicate the Resolved, That the Executive appointment of George Atkin- above resolutions to. the Executive of the State*of Alabama, and son, as a commissioner of the river Altamaha,, in the place solicit the concurrence of that State to the same, and to appoint of Jacob Wood, Esq., resigned, be, and the same is hereby one or more persons to attend the running said line.' confirmed". ^ . Approved, November 29th, 1822. , Approved, November ,20th, 1822, J . v ; * * ' 1 ' [No. 171.] ' In the House of Representatives, [No. 166.] In the;House of Representatives, / - . \ November I5lh 1822. November Stji, 1822. Resolved, That James Brown and William Howard be, and Resolved, That the Executive appointment of Henry T. Hall, tbey are hereby appointed Commissioners to fix upon the county as a commissioner , of Pilotage for iheportuf Darien and Sa- ' site of the county of Early in the place . of Thomas Carter pal,o River, in the place of Jacob Wood, Esq., resigned, be, imd and Ezel^iel M. Attaway, removed. ' , .the same is hereby confirmed. " , ; - * Approved, November 29th, 1822. Approved, November 20th, 1822. ' ' , > v. ' rW fc>t b ; t ir t» _ [No.172.1 In the House of Representatives, i [No. 167.] ■ In the House of Representatives, l •- November 29lh, 1822. t> 7 a t>l «. t u "d tji 1" : ^vember ll^k, 1822. . Resolved, That .William Robertson,-of Savannah, be, and he Resolved, That John P Blackman be and, he is'ter^y he^y appointed a NotaryPublic fo^ thU county of Chatham! appointed a commissioner for the county ucademyTor the, .'.Approved!December idlh, 1822. ' ' ■ ! / copnty of Walton, m the place of Wilsoh'Whatley, Esq., re- , - , / Approved, November 20th, 1822. ■ [No. 173.] ' In the House of Representative*, , . 1 , . . , . . , ' • December 6thj 1822. [No. 168.] In tfae House of Representatives, • The joint Military Committee, to whom was referred the * - November 12th 1822. resolution from the House of Representatives, instructing the Resolved, .That Alexander Crawford -be, and he is hereby >aid cornmittee to inquire into the' expediency of having printed, appointed a Notary Public for the county of Hall, in the village PamPhIet form, copies of the militia law nowm fopce in this of Gainesville.-. ' , ' ' " -• Sta^Wport;, ( Approved, November 20th, 1822a, ' ' ; I hat- they have had the same under consideration, and - . - - " unanimqusly recommend the following resolutions: [No. 169.] Ih the House op Representatives, - , Vfolved,.That 1,1a excellency the Governor be, and he is' November 15 th 1822. hereby authorized to cause a sufficient number of copies of Resolved,' That Mail Monk, E. P. WCbster, Jacob Raloson, a11. the militiu and patrol laws now in force in this, State to be Jesse Garter, Henry Hagrn, Gabriel Tucker, and David A. Tinted in pamphlet form, and distributed throughout this State, Henderson, be, and they are hereby appointed commissioners 80 everymajor general, brigadier general, division inspecU for the purpose of putchasing u lot of land in the-county J>r,. brigade, .inspector, adjutant colonel, lieUtpnant Colonel, of A.ppling for the public site in that county, - - - major, captain, and subaltern officer, may b^furmshed with And be it -further resolved, That the said Commissioners are pne. CjPJ; eacJ?* ; 7 , ' / • , „ , hereby authorized to contract for the~ building the icourt-hobse if furfher resolved, That the said pamphlets shall he and jail of said county. ■ Which site shall be as near the centre • P"nteJ J?4 distributed to each county with the Jaws and jour, of the county as convenience admits in their opinion, hnd report • ? } •Prrf e.?t s6ssion* ' to the Inferior Court of said county. . . And be U fmrlher resohed,' That the clerks of die Inferior Approved, November 20th, 1822; Courts throughout this State are hereby reqmred to receive rr t ' the said pamphlets and deliver them to each officer, on applw [No. 170.] 'iNTHEHousEopREPEESENTATivEd, . "a1™h-.^dAakereceipt for^tiesame. L J November Ibih 1822 further resoked,LhvX the pamphlets shall be the The dividing line between this State and the State of Alabama P^perty of regimehts, battalions, ,and companies, and be never having been, in conformitydo. the articles df,agreement delivered to the successors respectively, jartd concession entered into on the twenty-fourth day of April, pprove , ecember 1 , 8v •> . . eighteen hundred and two, between the commisioners of the ' . State of Georgia, on the onq part, stnd the commissiCriers of the [No. 174.] In the House of Representatives, United States on the other part, from the mbuth of the Uchee , ' , • December 17ih, 1822. creek, on the Callohoochie river, thence in a direct line to Whereas, the joint Committee on Agriculture and Internal Nickajack, on the Tennessee river ; and as it is now in con- Improvement, deem it expedient at this time, upon the report of templation to hold a treaty for the acquisition of lands from the the board of commissioners of Savannah river, to recommend Indians, which must bound upon said line ; and as it is highly a further expenditure of the unexpended balance of money that important'to the two States, for various considerations, that remains in the possession of, the commissioners of that section said line should no longer remain undefined by the proper and of river between Petersburgh and Augusta, usual marks f and the Legislature being of opinion that said Be it therefore resolved, by the Senate and House of Repre- articles of agreement and cession render it obligatory on the , sentives of the State of Georgia, in General Assembly met, That United States to cause said line, to be run, and at the expense the commissioners appointed to superintend the improvement of tofthe General Government: the navigation of Savannah river between Petersburgh and RESOLUTIONS.—1822. 25 Augusta, be required to return by the first day of February next the unexpended balance of money which remains undis- posed of, as appears by their report, and as appropriated, by act of the Legislature of eighteen hundred and eighteen, to the Branch Bank in Washington, to be subject to the future disposition of the Legislature. Approved, December 23d, 1822. [No. 174.] In the House of Representatives, December 17 th, 1822. JVhereas, The Legislature of this State, by an act passed the nineteenth day of December, eighteen hundred and seventeen, entitled "An act to incorporate the Baptist church in the city of Augusta, to the said Baptist Society," did, by the third section of said act, authorize and empower the trustees of the Richmond academy to convey to the said Baptist church a lot of land in said city. And whereas, the lot of land designated by the trustees aforesaid, for the Baptist society to erect a house of worship, one being deemed by the said society ineligible, and too remote from the population to answer the desired purpose ; and in conse- quence thereof, the said society were compelled to purchase a lot more central. And whereas, doubts have been entertained whether the said trustees of the Richmond academy might convey a lot to the said society, unless it were for the purpose of erecting a house of worship thereon ; and it being but equitable that this society should derive the same benefits and aid from said trusts as the other religious denominations who have received grants for lots in eligible situations : Be it therefore resolved, by the General Assembly of the State of Georgia, That the trustees of the Richmond academy be, and they are hereby authorized to place the said Baptist society upon an equal footing, in this regard, as near as may be with other denominations ; and that for this purpose they convey to the said society a lot,, or lots, of land in fee simple, and without any special trust, or make them some other equivalent. Approved, December 23d, 1822. [No. 175.] In the House of Representatives, December 23d, 1822. Resolved, That the sum of thirty dollars be, and the same is hereby allowed to Marlow Pryor, for his extra services in attending the committee to whom was referred so much of the Governor's message as relates to Abner Hammond, and that the same be paid by warrant on the contingent fund. Approved, December 24th, 1822. [No. 176.] In the House of Representatives, December 21st, 1822. The Printing Committee, who were instructed to contract for the printing of one thousand copies of the report of the select committee, to whom was referred so much of the Governor's message as relates to Col. Abner Hammond, with the aecom- panying( documents and evidence, report that they have con- tracted with Mr. James Camak to print one thousand copies of the report, documents, and evidence alluded to, at four cents per copy, sheet of eight octavo pages, which will be completed by Thursday morning next. ' Approved, December 24th, 1822. [No. 177.] In the House of Representatives, December 24th, 1822. Resolved, That the Justices of the Inferior Courts of the counties of Early, Irwin, Appling, Walton, Guinnetto, Hall, Habbersham, and Rabun, be, and they are hereby required to rent out the lots numbers ten and one hundred, in their re- spective counties, to the highest bidder, for the ensuing year eighteen hundred and twenty-three, at the court houses in each county, after giving twenty days notice in one of the public newspapers at Milledgeville, and at three or more public places in the county where the lots may be, and the person or persons renting shall give notes with security approved of by the Justices, or a majority of them, and that it be the duty of said Justices to transmit said notes to the Treasurer within sixty days from taking the same. And be it further resolved, That the said notes so taken shall be made payable on the twenty-fifth day of December, eighteen hundred and twenty-three, to his excellency the Governor, and his successors in office, and the said Justices of the Inferior Courts aforesaid, be entitled for their services to ten per cent. o*n the amount of the notes so taken, to be paid by his excellency the Governor, when the same may be collected. Approved, December 25th, 1822. Resolved, That the Secretary of the Senate, and Clerk of the House of Representatives, employ additional clerks to assist in enrolling the laws passed by the Legislature, and that the Governor pay them a reasonable compensation out of the con- tingent fund. Approved, December 25th, 1822. [No/l78.] In the House of Representatives, December 24th, 1822. Resolved, That his excellency the Governor be authorized, and he is hereby requested, to have published in the Georgia Journal, such of the laws and resolutions of the present session as are of a general nature. Approved, December 25th, 1822. [No. 179.] In the House of Representatives. December 7th, 1822, The Committee to whom was referred the petition of William S. Taylor, tax collector of the county of Mcintosh, are of opi- nion that the prayer of the petitioner is reasonable, and ought, to be granted ; and therefore recommend the following resolution : Resolved, That his excellency the Governor be requested to suspend further proceedings against William S.Taylor, former tax collector of the county of Mcintosh, and his securities, until the meeting of the next Legislature: Provided, his securities will acknowledge themselves such to his excellency the Governor, on or before the first day of March next, or upon his giving other good and sufficient security by the time aforesaid. Approved, December 21st, 1822. 26 RESOLUTIONS.—1823. RESOLUTIONS WHICH ORIGINATED IN SENATE, MAY, 1823. 1 ' 9 [No. 180.] In Senate, November 6th, 1823. Resolved, That John A. Heard, and Thomas Jones be, and they are hereby appointed commissioners of Elbert county academy, in addition to those already appointed^ Approved, November 18th, 1823. , [No. 181.] In Senate, November 7th, 1823. Resolved, That his excellency the Governor be, and he is hereby authorized to furnish the counties of De Kalb, Henry, Fayette, Monroe, Pike, Crawford,' and Bibb, witH a sufficient number of Clayton's Georgia Justice, and Prince's Digest, to furnish those officers entitled by law to one copy of each.' Approved, November. 18th, 1823. / [No. 182.] In Senate, November 7th, 1823. Resolved, That William C. Mills be, and he is hereby ap- pointed ,a Notary Public, for the county of Chatham. Approved, November I8th, 1823. [No. 183.] ♦ In Senate, November 8th, 1823. Resolved, That Jonathan S. Beers be, and he is hereby ap- pointed a Notary Public for the county of Richmond. Approved, November 18th, 1823. - [No. 184.] In Senate, November 8th, 1823. The joint Committee on Agriculture and Internal Improvement, to w.hom was referred the petition of sundry citizens of Camden county, praying for the adoption of measures to promote the opening of a canal from the St. Mary's river to the river Suwana, report: ^ That they have taken the petition into consideration, and regret, that its facts presented do not admit of a definite judg- ment on this interesting subject. It appears, however, that a safe inland communication from the St. Mary's river to the Gulf of Mexico, is in ail probability easily brought about through the medium of a short canal and the Suwana river. A very superficial knowledge of the geography of this country will make the great importance of this communication sufficiently manifest.' The great portion of the Shores of the Gulf of Mexico, now owned by the United States, the immense value of the pro- ductions of the large and extensive back country, whose foreign commerce must all pass through this dangerous navigation, renders the safety of this commerce an object of high importance in a national point of view. This is( particularly evident in time of war, when the extensive coast of Cape Florida must be e^- posed to all the dangers of canal [naval] warfare.' If by open- ing the, canal contemplated, an easy, safe, and cheap convey- 'ance, can' be opened t.o the commerce of this extensive and valuable portion of our country, it is an object highly worthy of the consideration of the Legislature. But the State of Georgia is more particularly interested, as one of her towns and a large portion of her country would be benefited in an incalculable degree. Your committee therefore recommend the adoption of the following resolution: Resolved, That his excellency the Governor be, and he is hereby requested, so soon as a qualified civil and topographical engineer is appointed in conformity with the laws of this State, to direct him so soon as practicablej to have a survey made between, the navigable waters of the St. Mary's and Suwana rivers, with a view to ascertain the practicability of opening a canal from one river to the other, and that he cause a report of such survey to be made, to the next ensuing Legislature, after such survey mqy have been made. Approved, December 22d, 1823. [No. 185.] ' In Senate, December 9th, 1823. The joint Committee on the Judiciary, to whom was referred the resolution instructing them to inquire into the expediency of appointing some fit and propdr person to compile and digest the statutes of England that are of force in the State of Georgia,, report: , That they have taken the same into consideration, and are of opinion that the subject-matter embodied in the said resolution, is one well worthy the serious attention of the Legislature; That the Legislature of Georgia, in the year seventeen hundred and eighty-four, by law, adopted, as' the law of thjs State the common law of England dnd such of the statute laws thereof as were, usually of force in the State of Georgia, and binding on the inhabitants thereof, at a certain time and under certain qualifications therein mentioned; and although a considerable length of time has elapsed since the adoption of the said laws, yet the Legislature has devised no means to facilitate to her citizens the knowledge of the said laws, which it is acknow- ledged are in force and binding upon them; and it being known that there are but few copies of the Statutes of England in the State of Georgia, and those which are in force in this State, beingy comparatively speaking, but few, and scattered through- put a heavy and volumnious work, to wit, the Statute Laws of England, up to the year seventeen hundred and seventy-six, so that very few have the opportunity, afforded to them of knowing what the said laws are; and it being not only compatible with, but indispensably necessary to, the liberty and interest of a free people, that the laws by which they are governed should be pro- mulgated and known; and inasmuch as the statute laws of Eng- land that are of force in Georgia cannot be published conve- niently, unless they are digested and arranged by some fit and proper person, whose duty and whose interest it will be to com- pile and digest the same ; and in order to effect this desirable object,' The committee respectfully recommend the following resolu- tion: ' ' Resolved by the General Assembly of the State of Georgia, That It is expedient that some fit and proper person should be ap- pointed by the Legislature, at its present session, to compile and digest the statute laws of England that are now of force in the State of Georgia, and whose duty it shall be within two years, to report the same to his excellency the Governor, who, after the same has been examined by a committee of three learned in the law, to be appointed by him for that purpose, shall approve or disapprove oft'the same, and who for their ser- vices shall be paid by the Governor, out of the contingent fund j and when the said work shall be performed and approved, that his excellency the Governor be, and he is hereby authorized to subscribe for two thousand copies, in convenient bound volumes; Provided, the same does not exceed the price of four dollars RESOLUTIONS.—1823. 27 per volume, to be disposed of and distributed as the Legislature may direct. Approved, December 20th, 1823. [No. 186.] In Senate, November JOih, 1823. Resolved, That John Griffin, Samuel Johnson, John Wood, William L. Crayton, and Joseph Green, be, and they are hereby appointed commissioners for the academy of the county of Henry. Approved, November 18th, 1823. [No. 187.] In Senate, November lOih, 1823. Resolved, That John B. Nelson, Zachariah Hallaway, Jacob R. Brooks, Joseph Morris, Joseph D. Shumate, Reuben Cone, and James Blackstock, be appointed commissioners of the academy for the county of De Kalb. Approved, November 18th, 1823. [No. 188.] In Senate, November 10th, 1823. Resolved, That Wyatt Heffling, James Head, Alexander Ware, Ephraim Pennington, Collin'Afford* James T. Wafer, and William Gilliland, be, and they are hereby appointed com- missioners of the academy for the county of Fayette. Approved, November ISth, 1823. [No. 189.] In Senate, December 11th, 1823. Many of the States having expressed their preference for one or the other of the distinguished individuals who are candidates for the Chief Magistracy of the United States; to give to our fellow-citizens throughout the Union that evidence of the wishes of the people of this State : Be it therefore resolved, That the people of this State look with confidence to the election of their fellow-citizen William H. Crawford, to the high and responsible office of President: but, should it be deemed necessary, to preserve undivided the republican interest of the Union, that their personal predilec- iions should yield to the clearly expressed voice of the republi- can majority, the sacrifice will be made. THOMAS STOCKS, President. Attest: W. Y. Hansell, Secretary. In the House of Representatives, December 13th, 1823. Read and concurred in. DAVID ADAMS, Speaker. Attest: Wm. C. Dawson, Clerk. [No. 190.] In Senate, November 11th, 1823. Resolved, That James Ralls be, and he is hereby appointed Notary Public for the county of Bulloch. Approved, November 18th, 1823. choice of said electors shall be confided to the people, or re- tained by the Legislature; and to request such voter to signify such desire by endorsing on his ticket the word People or Le- gislature, according to the truth of the fact; and on counting out the ballots, to annex to the return of said election, by them so transmitted to the Executive Department, a true statement of the votes so given, to the end that the same may be laid before the next Legislature by his excellency the Governor. And be it further resolved, That his excellency be, and he is hereby requested to cause this resolution to be published without delay in the several gazettes of this State, and to continue the said publication once a month until the next general election. Approved, November 18th, 1823. [No. 193.] In Senate, November 12th, 1823. Resolved, That John Bailey, Esq., be, and he is hereby ap- pointed a Notary Public for the county of Camden and town of Jefferson. Approved, November 18th, 1823. [No. 195.] In Senate, Nqvember 13th, 1823. Resolved, That Springer Gibson, Edward Holloway, James Whatley, Hugh G. Johnson, and Thomas Sheehee, be, and they are hereby appointed the commissioners for the academy of Pike county. Approved, November 24th, 1823. [No. 196.] In Senate, November 13th, 1823. The joint Committee on Printing report, that they have con- tracted with Camak & Ragland for the printing of the Laws and Journals of the present session of the Legislature, on the same terms as they werq printed the last session ; and also such other printing as may be ordered during the present session, on the same terms as it was done last session. Approved, November 24th, 1823. [No. 197.] In Senate, November 13th, 1823. Resolved, That the Printing Committee contract for the printing of three hundred copies of the Treasurer's Report, for the use of the members of both branches of the Legisla- ture. Approved, November 24th, 1823. [No. 198.] In Senate, November 14th, 1823. Resolved, That James G. Stallings and Samuel Crump, Esqs., be, and they are hereby appointed commissioners, in the room of John Bealle and Thomas M. White, deceased, to keep open, remove, and prevent obstructions in Savannah river cal- culated to impede the free passage of fish, &c. agreeably to an act passed the eighteenth day of December, eighteen hundred and sixteen. Approved, November 24th, 1823. [No. 191.] In Senate, November 12th, 1823. [No. 199.] In Senate, November 14th, 1823. Resolved, That Howell Cobb, Wilson Collins, Michael Wat- Resolved, That Oliver H. Prince, Charles J. McDonald, son, Charles F. Patillo, and James Holt, sen., be appointed Matthew Robertson, James S. Frierson, and Rice Derrett, be, commissioners of the Houston county academy. and they are hereby appointed commissioners of Bibb county Approved, November 18th, 1823. academy. Approved, November 24th, 1823. [No. 192.] In Senate, November 12th, 1823. Whereas, it is desirable to ascertain the wishes of the citizens [No. 200.] In Senate, November 17th, 1823. of this State, as to the mode of choosing Electors of President- Resolved, That Allen Brown be, and he is hereby appointed and Vice President of the United States : a Notary Public for the county of Clark. Be it therefore resolved, by the Senate and House of Representa- Approved, November 24th, 1823. fives of the State of Georgia, in General Assembly met, That it — shall be the duty of the magistrates who shall preside at the [No. 201.] In Senate, November 17tk, 1823. several elections to be held in the different counties of this Resolved, That Mulford Marsh be, and he is hereby ap- State for the choice of members of the Legislature at the next pointed a Notary Public for Ihe county of Scriven, general election therein, to propose to each and every voter, Approved, November 24th, 1823. ' at the time of receiving his vote, whether he desires that the 28 RESOLUTIONS.—'1823. [No. 202.] In Senate, November 17th, 1823. presentatives of the State of Georgia, in Genera] Assembly Resolved, That the Executive appointment of Williarn Car- met. nochan, Esq., as a commissioner of the riverAltamaha, in the Th(J Legislature of Georgia find themselves constrained, place of Maj. Jacob Wood, resigned, be, and the same is con- once more t0 addregs the president of the United States, on firmed. the subject of the extension of their territory, by the extin. Approved, November 24th, 1823. guishment of the Indian title to the lands situated within the limits of the State. If the reiteration of their remonstrances, ["No. 203.] In Senate, November 17th, 1823. on this subject, shall seem to the chief magistrate of the Union Rksolved, That the fraction selling commisioners be, and to be importunate, their justification will be found in the deep they are hereby required to suspend the sale of any fraction interest which is felt in it by their constituents—m the unan- which may have been drawn in the last land lottery, by a cer- swerable justice of their claim—in the long interval which tificate being produced from the Executive, stating the number ha8 Passed since they were reasonably entitled to expect the 'of the fraction so drawn, and by whom. - accomplishment of an ^object of such vital importance to Approved. November 19th, J823. Georgia—and in the accumulated and accumulating obstacles which time is interposing to its ultimate fulfilment. < In recurring to the articles of agreement and cession en. [No. 204.] . In Senate, November 18th, 1823.' tered into between the Commissioners of the United States Resolved, That Samuel W.Langston,Newdegate Ausley,Elisha and of Georgia, on the twenty-fourth day of April, eighteen Tarver, John Canady, and John Vance, be, and they are here- hundred and two, these memorialists find a stipulation, that the . by appointed commissioners of the Crawford county academy. United States shall, as soon as may be, extinguish the Indian Approved, November 24th, 1823. , " title to all the lands within the State of Georgia. This stipu. • - 1 , lation was not gratuitous on the part of the government of the [No. 205.] . In Senate, November 18th, 1823. Uin^n> but waa in consideration of the surrender, by the State Resolved, by the Senate and Home of Representatives of the of Georgia, of a territory sufficiently valuable and extensive State of Georgia, in General Assembly met, That the coramis. to constitute two independent and powerful members of the sioners appointed by the last Legislature to sell the fractional ^e Jera' compact. The motive to this ^surrender cannot be mis- surveys, be authorized and required to expose to sale all the . understood. In consenting thus to restrict her right of soil and fractional surveys lying in the county of Walton, which [were] ,r sovereignty, Georgia looked, with the confidence which in .the ninth district, formerly Henry county : Provided, said sbe bas nlways reposed m the plighted faith of the Union, to fractipnsand islands shall be advertised and sold upon the same the prompt extinguishment of the Indian title to all the Ianq terms and conditions as the fractional surveys authorized to be within her remaining limits, and the speedy settlement of her sold by an act passed at the last session of the Legislature. then and still vacant territory. Limiting her ultimate views of ex. Approved, November, 23d, 1823. tensive empire, she had hoped, by such limitation, to escape from the helplesness of a protracted infancy, and, marching in quick _ , . time to the accomplishment of her destinies, to have seen her [No. 206.] - In Senate, November 18th, 1823. .laws and her sovereignty coextensive with the limits of the Resolved, That Samuel J. Cudhage be, and he 13 hereby ap- territory within which she had consented to confine herself, pointed Notary Public for the county of ,Bibb. Twenty-one years have passed away, and she is still destined Approved, November 24th, 1823. , to experience the disappointment of her hopes. She has wit- nessed, during this period, the extension of the Union—the [No. 207.] . In Senate, December ISth, 1823. multiplication of the members of the federal republic, by re- The Committee on the state of the Republic, to whom was peated acquisitions of territory, while she is still doomed to referred the communication of his excellency the Governor oh have a long line of frontier exposed to the predatory incur- the subject of the extinguishment of Indian claims to the lands sions of the savage, and the lives of her citizens who dwell within the territorial limits of Georgia, beg leave to report: there, to his subtil and relentless vengeance* That they have derived much gratification from the perusal Such, sir, is her claim to relief. It seems to these memorial- of this interesting document. It presents to them an une- ists, that it is too obvious to require further exposition. Do the quivocal manifestation of the disposition of the Executive to United States possess the power to afford it? That the State sustain the just rights of the State, on the important subject of Georgia is vested with the ultimate title to all the lands within of the extension of jurisdictional limits, with a firmness which her territorial limits—that the claim of the Indians is conse- is tempered by discretion, and a zeal which is guided-by intel- -quently restricted to a mere temporary usufructuary right, are ligence—a disposition to which, in the unanimous opinion of propositions which it is believed can neither be doubted or de- this committee, every suggestion of duty, and every feeling of nied. The existing state of things must therefore have a ter- honorable pride, on the part of this Legislature, will be accord- mination. The time must come when the soil of Georgia shall ant and responsive. no longer be imprinted with the footstep of the savage—when The committee do not deem it necessary, in this report, to en- the inhabitants of her border shall no longer be liable to be ter into a minute examination of the luminous exposition of the awakened from their slumbers by the war-whoop of an approach-' rights of this State, which is contained in the communication of ing foe, nor to witness the destruction of their dwellings in the [lis excellency the Governor. Adopting it as unanimously as blaze which illumines his retreat—when her sovereignty shall be they do, and in its whole extent, they believe they will best coextensive with her territory, and the authority and the pro- perform the duty which is assigned to them by recommending tection of her laws shall pervade every portion of her empire, that an address be presented to the President of the Uhited Such a state of things must come* It must be produced, too, by States, based on the principles and fortified by the arguments the act, and at the expense of the government of the Union, in of this communication. the fulfilment of her obligation to Georgia. Will delay facili- They ask leave, accordingly, to report the following memo- tate its ultimate accomplishment ? Will it lessen the expense to rial and resolution: be incurred by the United States ? Is it required by any rational consideration of humanity towards the Indian tribes who now To the President of the United States of America: The Me- roam through the wilderness of our State ? It seems to these morial and Remonstrance of the Senate and House of Re- memorialists that delay can only serve to multiply obstacles to RESOLUTIONS..—1822. 29 the fulfilment of the engagements of the Union. From causes too obvious to require detail, every day diminishes the disposi- tion of the savages to abandon his accustomed haunts, and con- sequently increases the price which he wilh demand for their surrender. No principle of humanity forbids the enforcement of the claim. The exhausted state of the game affords a scanty and precarious subsistence to the hunter ; and a dispersed and wandering population are not in a condition to become the ob- jects of the benefits of civilization. Their removal beyond the Mississippi would give to those sons of nature a wilderness con- genial to their feelings and appropriate to their wants, while the region which they would relinquish would become the abode of civilization, and contribute to the happiness of thousands. These memorialists have seen with what facility the United States, "blendingjustice with authority," have been enabled to prescribe to the native tribes inhabiting the contiguous territory of Florida, the limits of their range, and they do not doubt that a similar exercise of a legitimate authority, equally tempered by justice, will suffice to obtain for Georgia all which she desires. They ask, therefore, from the government of the Union, cer- tainly with the respect which they have always felt, and which they have omitted no proper occasion to manifest to the govern- ment of their choice and of their confidence, but at the same time with the earnestness which is authorized by the justice of their claim, and demanded by the necessities of their constitu- ents, that a liberal appropriation may be made for the extin- guishment of the Indian title to all the remaining lands within the limits of Georgia, and that commissioners may be appointed, with instructions in every event to effect this indispensable ob- ject, by a proper representation to the Indian tribes of the just claims of Georgia—of the solemn obligation of the United States—and of the improvement in their own condition, which will result from their acquiescence. Resolved, That a copy of the foregoing memorial and remon- strance be forwarded to the Senators and Representatives of the State of Georgia in the Congress of the United States, and that they be requested to use their exertions for the attainment of its object. Approved, December 20th, 1823. [No. 208.] In Senate, November 19th, 1823, Resolved, That Martin Wood and William M'Donald be and they are hereby appointed commissioners of the Early county academy, in place of E. M. Attaway and Bartlett Smith, re- moved. And be it further resolved, That S. B. Jackson, James Bush, John Dill, Thomas Cook, and Richard Grimsley, be appointed trustees of the same. Approved, November 28th, 1823. [No. 209.] In Senate, November 19th, 1823. Resolved, That Samuel Houston be, and he is hereby ap: pointed a Notary Public for the county of Henry. Approved, November 28th, 1823. [No. 210.] In Senate, November 21 st, 1823. The Committee on the State of the Republic, to whom was re- ferred that part of the communication of his excellency the Go- vernor relative to running and marking the dividing line be- tween this State and the State of Alabama, report: That the subject of this reference is one of much interest to this State, and to your committee it appears, under existing cir-, cumstances, important, that the running and marking of this line should be completed as soon as practicable. They there- fore respectfully recommend the following resolution : Resolved, That his excellency the Governor be requested to continue those exertions, which have already been commenced, to insure a speedy running and marking of the line dividing this State from the State of Alabama, in pursuance of a resolution of the last General Assembly. Approved, November 28th, 1823. [No. 211.] In Senate, November 21 st, 1823. The Committee appointed to inquire into the expediency of establishing a Branch Bank at the town of Macon, report, That they have taken into consideration the situation, the fertility of the surrounding country, and the present promise of the future increase and commercial importance of the town of Macon; and are therefore of opinion that it is expedient, and will be for the interest of the^State and the stockholders, that a Branch of the Bank of Darien should be established at the town of Macon; and that after the expiration of two years, the Branch of the said Bank now established in the town of Marion should be discontinued, and its funds tranferred to the Branch so to be established in the town of Macon. Approved, November 28th? 1823. [No. 212.] In Senate, November 22d, 1823. The Committee on Finance beg leave to report in part, That they have examined into the state and situation of the treasury, and find that the warrants drawn by the Executive on the Treasurer, in the last political year, agrees with the entries on the books of the Treasurer, so far as the warrants have been presented to that department for payment, and that the Treasu- rer's books agree with the reports of the Comptroller and Treasurer, made to both branches of the Legislature at the commencement of the session. The committee further report, that they find in the treasury the sum of four hundred and twenty-five thousand seven hun- dred and seventy-five dollars and sixty and one fourth cents in the following description of bills, to wit: State Bank Bills, - - - - - - - - $208,560 Darien do. do. 119,000 Planters' do. do. - 25,500 Augusta do. do. - - - - 17,500 944 French crowns, - 1,038 40 Small change, in silver, - - 18f Deposited in the Darien Bank, and placed to the credit of George R. Clayton, Treasurer, 51,609 80f Deposited in the Planters' Bank, and placed to the credit of George R. Clayton, Treasurer, 2,567 21 $425,775 60f Approved, November 28th, 1823. [No. 213.] In Senate, November 24th, 1823. Resolved, That Collin Afford be, and he is hereby appointed a Notary Public for the county of Fayette- Approved, December 10th, 1823. [No. 214.] In Senate,November 2\th, 1823. Resolved, by the Senate and House of Representatives of the State of Georgia, That Samuel Gillispie be, and he is hereby appointed Vendue Master for the town of Macon, in the county of Bibb. Approved, December 10th, 1823. [No.215.] In Senate, November 27th, 1823. The Committee to whom was referred the petition of William Favour, sen. have had the same under consideration, and believe that the petition is reasonable, and that some relief ought to be granted. They therefore submit the following resolution : Resolved, That his excellency the Governor be, and he is hereby authorized and requested to suspend the proceedings on a mortgage fi. fa. against fractions number two hundred and eighty-five and two hundred and ninety-two, in the fourteenth district, formerly Baldwin county, now Putnam county, for the term of twelve months. And be it further resolved, That the Solicitor General of the Ockmulgee circuit do take all legal means to obtain a judgment, as soon as possible, on the bond given by John A- Cuthbert and his sureties, Josiah Favour, and Luke J. Morgan, (which suit has been ordered by the late Governor,) and pay into the 30 RESOLUTIONS.—1823. treasury the svm so raised and paid in discharge of the afore, that a similar mode of explanation be resorted to in future by said mortgage fi. fa.: Provided, fthat nothing in this resolution all those institutions; but they are constrained to remark, that, shall go to release said fraction ronri being subject to said fi. fa. from the inadequacy of the reports, it has been impossible for Approved, December 20th, 1823. 1 ' the committee td determine on the'situation of those institutions with any tolerable certainty. [No. 216.] In Senate, November 28th, 1823. The committee, therefore, beg leave to offer the following Resolved, That James Boykin be, and he is hereby appointed resolution : a commissioner of the Oconee navigation, in the place of Isaac - Resolved, That the different banks in this State, in which the Harvey, resigned. State is a stockholder, shalb and they are hereby required to Approved, December 10th,1823. make plain and full exhibits to his excellency the Governor of this State for the time being, by the twentieth day of October in [No. 217.} In Senate, December 8th 1823. each year, of the real state and condition of those institutions, -The joint Committee on Agriculture and Internal Improve- calculated to the first dajr of October preceding, particularly ment, to whom was referred his excellency the Governor's showing, in their respective reports and exhibits, the amount of communication, dated November twenty-sixth, with accompa- specie in their vaults, and owned by said banks; the amount of nying documents, in relation to the moneys drawn by the com- issues in circulation'; the amount of, discounted paper due and missioners of Brier Creek, for the improvement of the naviga- running to maturity; designating the amount in suit, the amount tion thereof, report: considered bad, and the amount considered doubtful, (with an That, upon examination, it appears that the sum" of eight exhibit of the names of the parties, makers, and endorsers, of thousand dollars has been drawn from the treasury by the Burke such bad paper,) and at what time or times such loan or loans county commissioners of Brier Creek,: that a bond with securi- were made ; a schedule and description of all real or personal ties was executed by .their Treasurer and lodged in the executive property owned by said banks, and from whom purchased; the office, for thp due performance of the trust reposed in him, in the particular circumstances which induced the purchase of such penal sum of ten thousand dollars: that the moneys were property; its real value at the time of purchase, apd its value received and receipted for by said Treasurer more than three on the first day of October in each, and every year after this years since, but that no returns have been made by said com- date, so long as such reports may be required, missioners as to the expenditures, although so required by law Approved, December 22d, 1823. to make semi-annual reports to the executive department. ■ V Your committee, therefore, have, been unable to ascertain [No. 219.] In Senate, December 10th, 1823. whether any improvements have been made on the Creek, as Resolved, That his excellency the Governor be, and he is contemplated by the law making the appropriations and appoint- hereby authorized and requested to have proper blinds or cur- - ing commissioners, and if so, whether the undertaker of such tains attached to the windows of the- Senate Chamber and Re- work gave bond "as required by law; they therefore recom- . preservatives Hall, for the convenience of the members, to be mend that his excellency the Governor be requested to demand paid for out of the contingent fund, from the said commissioners a return of their actings and doings Approved, December 22d, 1823. under the said law, within a time to be prescribed by him, and — on their failure to make such return, or if he shall be dissatis- [No. 220.] In Senate, December 11th, 1823. fied therewith, to put the said bond of the Treasurer in suit, and Whereas, the County of Wjlkinson has been improperly that the unappropriated balance of said fund which now exists, charged with the sum of five hundred and four dollars and be applied to the clearing.of said Creek from the mouth thereof seventy and an half cents, by the commissioners on confiscated to Mill haven, under the direction of the Scriven county com- property , in conjunction with other counties, as per document ' missioners of said Creek, upon their giving the necessary bonds number foUr, accompanying the Governor's communication: for the faithful application of such sum to the purposes afore- and whereas, the said county has never received any funds said. whatever, for the benefit of academies, from the State : Approved, December 22d, 1823. i Be it therefore resolved, That his excellency the Governor be, and he is hereby authorized and required, to cause the said [No. 218.] ' , In Senate, December 10th, 1823. . county of Wilkinson so charged to be exonerated from the same, The joint Committee on Banks, to whom has been referred and placed on the same footing with other counties that have so much of the communication of the Governor as relates to the never received any thing for the benefit of academies, banks, and the respective reports of said banks, have had the Approved, December 22d, 1823. same under their consideration, and report, That they have > - given that reflection to the subject which its importance re- [No. 221.] In Senate, November 11th, 1823. quires: that, from an attentive examination of all the docu- Resolved, That Lovet Mobre, Charles C. Jenkins, John ments, they feel constrained to say, that the exhibits furnished Chason, Isaac Ferguson, and Canneth Swain, be, and they are by the different banks, although' made, perhaps, under the im- hereby appointed commissioners for the academy of Emanuel pression that the object of the, Legislature was complied with: county. , yet your committee believe 'that such reports should be more And be it further resolved,. That William Johnson, James in detail, to comply (fully) with the resolution passed on the Walea, John Love, George Dekle, and Reuben Thompson, be, twenty-first day of December, eighteen hundred and twenty, and they are hereby appointed trustees of the same, requiring such reports to be made : that they are so general in Approved, November 18th, 1823. their nature, and at the same time so obscure in expression, r that it has been impossible for the committee to ascertain any [No. 222.] In Senate, December 12th, 1823. thing definitely; whether the directors have not, from time The joint Committee, to whom was referred document num- to time, (in their issues,) exceeded the chartered limits of said ber two, accompanying the communication of the late Governor, banks; whether they have net extended loans without havingsuf- report: • . ficient assurances to rely on the abilities of the borrowers to make That the said document relates; first, to the claims of payment; and whether they have not made purchases of pro- the citizens of Georgia under the treaty of the Indian perty at exhorbitant prices, to bolleet such debts thus improvi- Springs, which have been rejected by the commissioners dently made. of the United States; and secondly, to the extinguishment of The committee have adverted to the explanatory renfiarks the Indian title to the remainder of the territory within the limits accompanying the report, of the State Bank, and recommend of Georgia. RESOLUTIONS.—1823, 31 The first of these subjects having been made the object of specific reference to another committee, this committee have forborne to make any report relatively thereto. In relation to the second, they beg leave to iecommend that the Governor be requested to continue the exertions of that department for the attainment of an object so interesting to the people of Georgia. And therefore recommend the following resolution: Resolved, That his excellency the Governor be, and he is hereby requested, to use his exertions to obtain from the United States the extinguishment of the Indian title to the remainder of the territory within the limits of Georgia, in terms of the fourth article of agreement and cession between the United States and this State. Approved, December 22d, 1823. [No. 223.] In Senate, December 15th, 1823. Resolved, That William Towns, Merrill Collier, Samuel Prewet, James Hicks, and J. M. C. Montgomery, be, and they are hereby appointed trustees of the academy of De Kalb county. Approved, December 22d, 1823. [No. 224.] In Senate, December 16th, 1823. The Committee, to whom was referred document number four, have had the same under consideration, and take leave to recommend the following resolution : Resolved, That each county which shall exhibit satisfactory certificates from the Surveyor General's, the Executive, the Secretary of State's, and the Treasurer's office, or any of them, that they have not received the amount with which they stand charged, shall be entitled to receive their proportion of divi- dends, in common with counties not charged. Approved, December 22d, 1823. [No. 225.] In Senate, December 16th, 1823. The Committee to whom was referred the memorial of the commissioners of the academies of the counties of Elbert, Jackson, Clark, Jasper, Morgan, Putnam, Laurens, Montgomery, Scriven, and Bulloch, report: That they have taken the said memorial into consideration, and from the evidence furnished by Col. Hugh Montgomery, who has been acting as the agent for the said academies, it ap- pears that in the year eighteen hundred and ten, at a sale of confiscated property, David McCormick, as the agent of the said academies, bid off three tracts of land, and amongst the number [one tract] granted to Sir James Wright, for one thousand acres, which was represented to lie upon the river St. Mary's, and that after a diligent search, no such land as that represented in the said grant can be found ; that the said land was bid off at the price, or sum, of three thousand nine hundred and sixty two dollars, but which sum, when sealed agreeable to the act of eighteen hundred and eight, will reduce the same to the sum of four hundred and ninety, five dollars and twenty-five cents, with which sum the academies now stand charged ; that the said commissioners have never yet received titles for the said tract of land, and pray that they may be permitted to sur- render the original grant, and relinquish their claim to the same, and have a credit for the purchase money with which they now stand charged, which prayer the committee think reasonable &nd ought to be granted. They therefore recommend the fob lowing resolution. Resolved, That upon the commissioners of the said academies surrendering to the Secretary of State the original grant, and relinquishing their bid to the State, to the same, that the Trea- surer be, and he is hereby instructed to allow them a credit for the purchase money of the said tract of land, with which they now stand charged. Approved, December 22d, 1823. [No. 226.] In Senate, December Ylth, 1823. Be it resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved by the authority of the same, That the following shall be proposed as an amendment to the Constitution of the United States: " That no part of the Constitution of the United States, ought to be construed, or shall be construed, to authorize the impor- tation or ingress of any person of color, into any one of the United States, contrary to the laws of such State." A.nd that his excellency the Governor be, and he is hereby requested to communicate this resolution to the Governors of the different States, with a request that the same may be submitted to their respective Legislatures, and that he do also communi- cate the same to our Senators and Representatives in Congress. Approved, December 22d, 1823. [No. 227.] In Senate, December Ylth, 1823. The joint Committee appointed to inquire into the expediency of employing the Clerk of the House of Representatives and the Secretary of the Senate, at a reasonable compensation, in making an index or indexes to the journals which were in their respect- ive offices before they were elected to said offices, report: That they have discharged the duty assigned them, and find that there are in the office of the clerk of the House of Repre- sentatives, about thirty-one manuscript volumes, some of mode- rate some of considerable size, embracing the proceedings of the House, from the year seventeen hundred and eighty-three to the year eighteen hundred and nineteen, inclusive, and com- prehending a period of thirty-six years ; and that there are in the office of Secretary of Senate, about twenty-three volumes, embracing the proceedings of that body, from the year seven- teen hundred and ninety to the year eighteen hundred and twenty-one, inclusive, and comprehending a period of thirty-one years : that those periods embrace very interesting events of our civil history : that the legislative proceedings aforesaid relate, in many instances, to matters of the first magnitude to the State, and more especially to such of her citizens as have claims against her: that frequent applications are made for extracts from the old journals : that it is frequently impractica- ble, especially during the press of legislative business, when they are most desirable, to furnish them : that the public service frequently suffers from the extreme difficulty of ascertaining the proceedings of former Legislatures, on various subjects of legislation : that from the same cause, there is reason to ap- prehend that unjust claims are sometimes allowed, and just ones rejected : that the clerk of the House of Representatives would make a general index to the journals in his office, for the sum of fifteen hundred dollars, which would be about forty-two dollars a year; and that the Secretary of the Senate would make a general index to the journals in his office, for the sum of one thousand dollars, which would be about thirty-two dol- lars a year, (the journals in his office not being so voluminous as those in the office of the clerk of the House of Representa- tives,) making the aggregate of twenty-five hundred dollars. Believing, as the committee do, that the great advantages of indexes, are apparent in the use of those journals which have indexes attached to them, and that the detection of a single unjust claim, or the allowance of a single just one of any magni- tude, in consequence of indexing the old journals, would far outweigh the expenditure aforesaid, they cannot hesitate to re- commend the employment of the Secretary and Clerk, at their prices, and for the purposes aforesaid; especially when it is believed that the detection of many unjust claims, and the allow- ance of many just ones, may be the consequences; and more especially when it is remembered that old members, on whose recollection the Legislature have been in the habit of relying, are passing from among us, and the public records must soon be the only guides of the Legislature. 33 ftESOHjTIONS.—1823. . The committee therefore recommend the adoption of the fol- lowing resolution: Resolved, by the Senate and House of Representatives of the State of Georgia, That Wm. C. Dawson, Esq., clerk of the House of Representatives, and Wm. T. Haswell, Esq., Secretary of Senate, be respectively employed to make general indexes to the old journals in their offices, the former at the sum of fif- teen hundred dollars, and the latter at the sum of one thousand dollars: Provided, That each shall take and subscribe, before his excellency the Governor, an oath or affirmation, to make a clear and full, general index to the journals in his office, accord, ing to the true intent and meaning of the resolution, within the term of two years, and shall moreover enter into a bond with security, to be approved of by the Governor, in an amount to be determined by him, conditioned for the faithful performance of the duty intrusted to them by this resolution; and that each shall receive one fourth of the amount allowed by him, on com- pleting his index, up to the year eighteen hundred; another fourth, on completing it up to eighteen hundred and ten, and the remainder, on finishing the entire work he has undertaken. .idnd be it further resolved, That the Secretary of Senate, and Clerk of the House of Representatives, hereafter make annually an index to the respective journals of each house. Approved, December 22d, 1823. [No. 228.] In Senate, December 17th, 1823. Resolved, That his excellency the Governor be requested to ascertain from the Steam-Boat Company of Georgia, the lowest terms on which the said company will surrender its charter to the State; and that he be further requested to communicate the result, together with such information as he may be able to ob- tain, tending to show the expediency or inexpediency of the State making the said purchase, to the next Legislature. Approved, December 22d, 1823. _ * [No. 229.] In Senate, December 18th, 1823. The joint Committee on Agriculture antj Internal Improve- ments, to whom was referred the report of the commissioners of the Altamaha, have had the same under consideration, and report: * That it appears by a statement of the commissioners of said river, that they have entered into a contract with Major Jacob Wood, to cut a canal from Piney'Island to Catfish creek, upon the terms specified in the contract with Major Wood, a copy of which [accompanies] the report, and to pay the said Wood the sum of ten thousand dollars, to be paid by instalments; four thousand eight hundred and twenty dollars to be paid when the work is commenced, two thousand five hundred and thirty-five dollars when the work is half completed, two thousandffive hun. dred and thirty-five ^dollars when the work is done, which is to be completed in two years from the date of the agreement, which appears to have been executed on the thirty-first of March, eighteen hundred and twenty-three. The commissioners ex- press a desire to have the last appropriation made by the Le- gislature for the purpose of improving the said river more [made] subject to their order. Your committee, not having any information before them, either as to the importance of the canal proposed or the pro- bable expense of the work, are unable to express any opinion upon the subject of the contract made and submitted by the commissioners. With respect to the last appropriation made by the Legisla- ture for the improvement of said fiver, your committee would state that the law appropriating that money provided specially that the same should not be drawn from the treasury until a con- tract for the work was made, [and a certificate] from a majority of the commissioners was received that the work of said con- tract was completed. The papers having been submitted to this Legislature too late in the session to examine them, and pass a law repealing that appropriating the money to meet the wishes of the commis¬ sioners, your'committee would recommend the postponement of the further consideration of the subject to the next Legislature# Approved, December 22d, 1823. . [No. 230.] In Senate, December 18th, 1823. The joint Committee on Agriculture and Internal Improve- ment, having taken into consideration the resolution of the Se- nate on the subject of a canal from the Altamaha to Turtle river, report: - That they are of opinion that the opening of a canal from the Altamaha to Turtle river,a matter of much importance, and well worthy the serious attention and reflection of the Legisla- ture ; but the making of an appropriation forthat purpose at this time is deemed by your committee as inexpedient and preroa. ture : that whenever the State shall have & correct survey of the country through which such a canal might pass made by a skill- ful artist, your committee would then recommend the attention of the succeeding Legislature to the subject. Approved, December 22d, 1823. [No. 231.] In Senate, December 18th, 1823. A resolution having passbd requiring the Executive to furnish copies of Clayton's Georgia Justice to the counties of De Kalb, Fayette, and others, and it being impracticable to comply with such ordef from the want of sufficient number: Ordered, That his excellency the Governor be, and he is authorized to contract with Seaton Grantland, Esq., to whom the copy-right belongs, for printing and furnishing one thousand copies of a new edition of said work: Provided, the price shall not exceed four dollars for each copy.- Approved, December 22d, 1823. [No. 232.]" In Senate, December 18th, 1823. The joint Committee on Agriculture and internal improve- ment, to whom was referred the communication of his excellen- cy with the accompanying documents on the .subject of the act to authorize the opening of a road from the Alapaha to the Flo- rida line, have had the same under consideration, and report: That it appears from the documents submitted, that the act aforesaid was approved of the twenty-third of December last,' and thai on the next day an executive order was passed, ap- pointing General J.ohn Coffee' and Thomas S. Swain, Esq'rs., of the county of Telfair, to superintend the opening of said road, and that on the same day; General Coffee received fifteen hun. dred dollars, the amount appropriated to that object. No in- structions whatever appear to have been given relative to the work or manner of performing it; no contract seems to have been entered into, nor any requisition that such should have been done ; no bond was taken for the faithful performance of duty by the superintendents, either in the performance of the work, or the disbursement and accountability for the money advanced them. It appears by the letter of General. Coffee to the Exe- cutive, dated on the twenty-sixth ult. that the work was com- menced in August last, and completed on the fifteenth day of November. That the distance is nearly ninety miles, with the addition of seven miles to reach a good crossing place on the Alapaha river. It is further -stated, that to complete the work many difficulties were encountered—several small bridges were erected, and one of some importance over the Orofrites river, and four ferry flats built. No account of expenditures has as yet been submitted, but the reason is sufficiently apparent, in that General Coffee states, substantially, that his accounts a*"e not yet adjusted, and it would appear to your committee that they could not as yet be adjusted, since the work was only com- pleted on the fifteenth ult. f The road is represented to be one of much importance to the people of that section of the country, and the appropria- tion with a view to effect the object in the best mode that the amount of money would authorize {your committee recommend the following resolutions s RESOLUTIONS.—1823. 33 Resolved; That, in the opinion of this committee, the under, takers of said road should have been required to give bond and security for the faithful performance pf the work on said road, before the money appropriated for sqid work was drawn from the treasury. And be it further resolved, That the aforesaid commissioners be, and they are hereby required to report to his excellency the Governor, within six months from this date, a particular statement of their operations in opening the said road, exhibit- mg a general account of the cost of the same, and of the un- expended balance, if any, which remains in their hands ; and specifying the amount of each particular disbursement, with such inWmation as may enable the Legislature to judge of the work which has been done, the manner in which the same has been done, and the cost of the same; and also pay over such un- expended balance, if any in their hands, into the treasury of this State. Approved, December 22d, 1823. [No. 233.] In Senate, December 18$, 1823. Resolved, That the hon. Charles Bullock, Seaborn Jones, and Wra. M. Baker, be, and they are hereby appointed a commit- tee, to join such committee as may be appointed on the part of the House of Representatives, to see the unfinished business of the General Assembly completed, and that they be allowed three days to complete the same, after the adjournment of the Legislature. Approved, December 22d, 1823. [No. 234.] In Senate, December 18$, 1823. The joint Committee on Agriculture and Internal Improve- rnent, to whom was referred the report of the commissioners of the Oconee river, have had the same under consideration, and report: That it appears, by the statement of the commissioners of the Oconee river, that their funds now consist of ten thousand dol- lars, in the stock of the Bank of the State of Georgia, eighteeri negro fellows, five hundred and fifty-one dollars and forty-seven cents in notes, accounts, and attorneys' receipts, and eighty- one dollars and fifty cents 'in cash, two flats, with the neces- sary apparatus for clearing the river. It is also stated, that since the last annual report, the com- missioners have paid out for three negro fellows, the sum of seventeen hundred and fifty dollars, which has increased their hands to the number before stated. Captain Lewis Maddox is stated to be the manager of the hands, h.nd that he commenced his operations on the twelfth of May last, at a place called Trammell's ferry, on the Oconee, and ascended the same with two flats and necessary apparatus, removing such obstructions, as the height of the water would admit, to Milledgeville ; and that on the twentieth of September descended the said river to the said ferry, removing many ob- structions, and arrived there on the second inst., having cut and removed four thousand one hundred and forty logs, from six to twelve inches—two thousand three hundred, from one to four feet—in diameter ; and cut three canals across the bends of the river, which has shortened the distance several miles, besides clearing out several cuts off. The time for profitable employ- rnent of the hands having ceased, they are hired out as boat hands until the next season. Upon a review of the whole of the funds appropriated for the improvement of the Oconee river, the labor that has been performed, the obstructions that have been removed, and the consequent benefits of the public in the increased facilities and safety in the navigation of the river, induce your committee to recommend the following resolution : Resolved, That the funds appropriated for the improve- ment of the navigation of the Oconee river, have been ma- naged by the commissioners with prudence and economy; and that the object for which those funds were set apart, has been much promoted by the removal of obstructions, cutting canals, and other work performed upon the river, in the last and prior years; and that, by a steady perseverance in the course adopted by the commissioners, your committee have no doubt that most of the obstructions to the navigation of that im. portant river will be removed. Approved, December 22d, 1823. [No. 235,] In Senate, December 181%, 1823. The joint Committee on Agriculture and Internal Improve- ment, to whom was referred the report of the board of com- missioners of Tugalo river, report: That on an examination of the same, your committee find, that out of the money heretofore appropriated for the improve- ment of the [navigation of] said river, there remains an un- expended balance in the [hands of] the treasurer of said board of two thousand four hundred and twenty-four dollars and fifty- •three cents, and that the navigation of said river is not com- pleted. Your committee therefore recommend the following resolution; Resolved, That the board of commissioners for the improve- ment of the navigation of Tugalo river, take such measures for the speedy completion of the same, as they in their judg- ment may deem expedient; and that they transmit reports of their proceedings to his excellency the Governor, in conformity to an act of the General Assembly, passed on the nineteenth day of December, eighteen hundred and eighteen. And be it further resolved, That his excellency the Governor be, and he is hereby requested to forward a copy of the above to the said board of commissioners. Approved, December 22d, 1823. [No. 236.] In Senate, December 12$, 1823. The Committee on the state of the Republic, to whom was referred the resolution of the House of Representatives rela- tively to the claims of the citizens of Georgia, under the treaty made at the Indian Springs on the eighth of January, eighteen hundred and twenty-one, and the petition of David Glenn, one of the claimants, report: That they have examined the subject presented to their con- sideration by these references, with all the care and attention demanded by its importance, and have concurred in the belief that the only efficient mode of obtaining the object in view, will be by an address from the Legislature of Georgia to the Presi- dent of the United States. They have accordingly prepared, and herewith submit the following memorial: To the President of the United States of America : The Memorial and Remonstrance of the Senate and House of Representatives of the State of Georgia, in General Assembly met, respectfully showeth: That the attention of your memorialists has been drawn to the construction given to the treaty entered into between the United States and the Creek Indians, at the Indian Springs, in the year'eighteen hundred and twenty-one, so far as the same relates to the claims of the citizens of Georgia; and believing that such construction is calculated to prevent the allowance and payment of many of the said claims, which it was the in- tention of the parties immediately in interest to provide for, they ask the attention of the President of the United States to the reasons which have influenced to this belief. These memorialists would respectfully submit, that is was not the intention of the contracting parties to confer on the Pre- sident of the United States the right to exclude any of the claims of the citizens of Georgia as a class, except those occurring after the act of Congress of the year eighteen hundred and two. To them it seems that the obvious intention of these parties was to invest him with authority to examine and decide each individual claim, with reference to the proof adduced in support of it. The controversy between the commissioners of Georgia and the chiefs, warriors, and head men of the Creek nation, regarded the proof of the claims, a list of which was exhibited, 34" RESOLUTIONS—1823. f * ' ( knd not the question whether those claims, if proved, should be the several treaties, from that of New York to that of Colerain, allowed. This inference, as the memorialists believe, may be operated in terms of the rule, to annul all claims not provided deduced from the terms of the articles of agreement, as well as for by them, so as to exclude them by implication from the from a consideration of the relative character of the referees, treaty of the Indian Springs, those treaties, operating also by But it will prevent repetition, and present a condensed view of force of their own terms, tQ protect the claims which they had the subject, to consider it with reference to the rule of decision provided for, these were consequently no longer a subject of complained of. . negotiation^', except as to the mode of payment. -Thenegotia. That rule excludes " all claims originating in the depredations tions of the commissioners of Georgia, and pf the chiefs, war. committed (by the Indians on the citizens of Georgia) in, a riors, and head men, of the Creek nation, were there on that period of hostilities, or previous thereto, if not provided for in occasion limited to the clairns arising posterior to the treaty of the treaty which followed such hostilities." It purports to be Colerain, and prior to the act of Congress eighteen hundred and founded on. the principle adopted among-civilized nations,, that two, a period short of six years, the claims during which a treaty merges all pre-existing claims^ and that those not pro-. amounted, according to the list exhibited in. the cour$ of the vided for are consequently ahnulled. In its application to the negotiation, and surrendered at its close, to a sum less than case under consideration, it has the effect of excluding all claims seventeen thousand dollars. Can it be believed that such was ' previous tp the treaty of New York, (seventeen hundred and the .view of the negotiators on either side ? ninety,) except for slaves ; and ajl claims originating subse- Independently of the intrinsic 1 evidence, the agreement quently thereto and prior to the treaty of Colerain, (seventeen furnishes the answer. The reference is not of claims provided hundred and ninety-six^) except for the property provided to he or unprovided for by this or that treaty, but of " all claims of given up by that treaty. It is respectfully Contended that this whatever nature." If the benefit of the implied release con- rule is inapplicable to the claims of the. citizens of Georgia, on tended for, in. behalf of the Indians, be conceded to them, here . any just principle of(analogy; that it is. forbidden by the terms then is a waiver of it—a new assumption of their obligation— of the agreement entered into at the Indian Springs and the relin- a reference to the President to liquidate its amount by deciding quishment consequent thereto, and is fepelled by the circum- on* the equity and justice of each individual claim, on an exa- stances attending that negotiation. mination of the evidence'adduced to, support it. But the rule No just principle of analogy, it is conceived, will authorize in question ris extended tp exclude claims to compensation for the application of the rules which govern treaties between inde- prdperty destroyed, and a verbal criticism has been resorted to pendent and civilized nations, to the negotiations terminating in by the United States' commissioners as a fit mode of interpret, compact, between the United States, or the State of Georgia, ing the terms of an agreenient entered into by a savage tribe, and the Indians residing within the territorial limits of the latter. It is urged, (still confining the claimants to the treaties anterior If on the one hand it be admitted, that these Indians are, to a to that of the Indian Springs, on which last they exclusively certain degree, independent, and that their independence us rely,) that a stipulation to restore cannot he applied to that which recognized-by the act of treating with them, it seems clear, on. has been destroyed an^d does not exist. The argument, in the the, other, that this independence has its bounds. They are iview of the memorialists, is entitled to a grave consideration ^locally resident wjthin the territorial limits of Georgia; and'it because of the sburce from whieh it emanates. As between ls.difficult to conceive the idea of a nation absolutely indepen- individuals an agreement to 'deliver or to restore a specific dent, and.yet resident within the limits of another independent article, impliedly includes the alternative of accounting for its State; The question may ' be tested thus : absolute indepen- value, or of making compensation in damages, if the express dence bespeaks uncontrolled sovereignty, and includes the idea obligation be not fulfilled. What should exempt a nation from pf the right of alienating the national domain, at the will of the^ the operation of this rule? If Great Britain had stipulated to nation, and to a purchaser of its choice., Could the State of restore (instead of making compensation for) the, negroes plun- Georgia—would the United States, submit to the uncontrolled . dered on our sea bpard during the late war; would her incapacity ' exercise of this right; to its exercise in favor of any fofeign to make specific restoration of those who had escaped from her nation, by any nation of Indians dwelling within their territorial possession,- or been removed by "death; have .absolved her from limits? If this question be, as it is believed it must be, answered the obligation to restore their value? Did she not, in fact, in the negative, it seems vain to contend that the Creek Indians agree to make restoration. in value, without regard to. these constitute an independent nation, since the concession strips considerations ? But an instance more immediately appropriate them, of one of the attributes of independence. > to the subject may be drawn from the treaty of Augusta. The . But if independent, they are uncivilized, and would, from this Indians thereby stipulate that ail negroes, horses, cattle, or consideration; have a just cjaim to be relieved from rules other property., taken during the late war, shall be restored." adopted by civilized nations in the cqnstruction of treaties, if The obligation applies to all negroes, &c. &c., taken during those rules were injurious to them in their operation. They the war, and would not be released by the incapacity of cannot, therefore, demand the benefit of them, to-set up an the contracting party to restore them specifically. Upon proof implied exemption;, contravening the' otherwise plain import of that they had Been so taken, the right of the'citizen of Geor- their express stipulations. An Indian treaty is, it is conceived, , gia, would, it is apprehended, be complete either to specific an,instrument which is to be construed according to its literal .restoration, or to restoration in value. But, dismissing the import, Or, at most,"' according to its meaning and intent, as . consideration of this verbal argument, it piay be, and it" is these may be" collected*from the instrument itself, the circum- .respectfully inquired, if there is not something in the distinctive stances attendent on its execution, and the character of its framerscharacters of civilized and of savage warfare which strengthens, but cannot, it is believed, be properly subjected to the artifi- in the latter case,1 the claim to compensation for property cial, technical rules, which prevail between civilized nations— destroyed. In wars between civilized nations, the destruction rules, tjie existehce of which was unknown to the savage nego- of property is used only as. a means to. an end in the exercise of tiator, by which he would not have consented that his nation force for the attainment of the object of the war. The savage, should be bound, and pf which he has therefore no just claim to on the other hand, wars for plunder—destroying what he can- demand the benefit. not remove. , Is it meet that we shoujd encourage this pre- If it could be conceded that the principle, contended for was datory warfare, by extending to it the protective1 regulations of generally applicable to treaties with the Indian tribes, even - civilized strife ? then, in the view of these memorialists, it would be insufficient But the claim to property destroyed in the case under con- to support'the rule complained of. At most it is an implied sideration is derived from the agreement, the treaty, and the release, and may be controlled by an opposite and stronger im- deed of relinquishment, all executed at the Indian Springs, plication, and still more by subsequent express stipulation. If The agreement refers to the decision of the President all claims RESOLUTIONS.—1823' 35 of whatever nature or kind. The treaty stipulates that the commissioners of Georgia, shall relinquish all cLaims " for pro- perty taken or destroyed " prior to the act of eighteen hundred and two. A list of claims was exhibited at the Indian Springs, including those for property destroyed and property unprovided for by either of the preceding treaties on which the commis- sioners of Georgia were required to execute, and did in fact execute, the relinquishment stipulated for by the treaty of the Indian Springs. Why, it may be asked, were the terms of the reference so large, if its objects were so limited ? Why were the commissioners of Georgia required to relinquish that to which the citizens of Georgia had no claim-—to release the Indians from claims from which they were already absolved, according to the rule contended for, by force of preceding treaties ? The argument for which we contend is further supported by a reference to the circumstances attending the negotiation at the Indian Springs. The claims of the citizens of Georgia had been registered under the laws of the State. A list prepared by the authority of its Executive was furnished to the commis- sioners of Georgia—was exhibited by them as a particular of their demand, and was surrendered as an evidence of what was released to the Indian chiefs at the close of the negotiation. It amounted to a sum which may be stated in round numbers at two hundred and eighty thousand dollars. For its payment the Indians provided a fund of two hundred and fifty thousand dollars in the lands of the United States. Now thq application of the rule contended for—that which excludes for property destroyed, and property not provided for by previous treaties, would at once ha.ve annihilated one half of this claim. The fact will be obvious on a very slight inspection of the list, and must have been manifest to the Indian negotiators. Is it con- ceivable, if they had intended to have relied on this rule, as a bar to the claims which it would control, that the) T'ould not have ascertained its effect, by applying it to the list of chims exhibited, and have denied their liability for those which it covered; or having ascertained its effect, and that it would reduce the claims of our citizens to a sum not exceeding one hundred and fifty thousand dollars, that they would have left in the hands of the United States a fund of two hundred and fifty thousand dollars to be applied to this object, without any stipulation for the pay- ment over to themselves of the large surplus which must inevitably remain? These reflections seem unanswerably to repel the idea that it was the intention of the contracting parties to exclude the claims under consideration, and it is deemed unnecessary to show that the President of the United States ought not to apply, since it is not believed that he is disposed to apply to the contract of these parties a rule of interpretation which could not have entered into the views of oither of them in framing it. It remains only to add, that the agreement to refer to the President of the United States, the immediate representative of the party bound by the terms of the treaty, to pay w7hat should be awarded, the decision of the question how much should be paid, wras made in the fullness of that confidence wThich the people of Georgia have ever felt, and still feel, in the present Chief Magistrate of the Union. In the same spirit, and with the most entire confidence in the justice of the individual to whom this appeal is made, a review of that decision is now solicited. It is believed, by the memorialists, that the claims of the citizens of Georgia, wThich w ere exhibited by her com- missioners at the treaty of the Indian Springs, whether pro- vided or unprovided for by previous treaties, are protected by that treaty; and, on proof of them individually, that they are entitled to allowance and payment out of the unappropriated fund in the hands of the United States :—and it is respectfully requested, that the decision of this question may be referred to the commissioners of the United States and of Georgia who negotiated that treaty, or that such other mode may be adopted as, in the view of the President, shall be consistent with the just rights of the claimants. Approved, December 22d, 1823. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1823. [No. 237.1 In the House of Representatives, November 5th, 1823. Resolved, That his excellency the Governor be requested to furnish one hundred copies of Prince's* Digest of the laws of this State, for the use of the Legislature whilst in session. Approved, November 7th, 1823. [No. 228.] In the House of Representatives, November 8th, 1823. Resolved, That John M. Russell, William C. Wayne, Jacob Chadsom, and Edmund Maher, be, and they are hereby ap- pointed Notaries Public for the county of Chatham. Approved, November 15th, 1823. [No. 239.] In the House of Representatives, November 10 th, 1823. Resolved, That Alexander W. Wiley, Jacob Rochenbaugh, and Byard E. Haud, be, and they are hereby appointed Nota- ries Public for the county of Mcintosh. Approved, November 15th, 1823 [No. 240.] In the House of Representatives, November 11 th, 1823. Resolved, That the executive appointment of Anson Kim- berly, Esq. as a commissioner for the river Altamaha, in the place of Scott Cray, Esq., resigned, be, and the same is here- by confirmed. Approved, November 15th, 1823. [No. 241.] In the House of Representatives, November 11th, 1823. Resolved, That the executive appointment of Dr. Charles West, as a commissioner fof the. river Altamaha, in the place of Littleton Wyche, Esq., resigned, be, and the same is hereby confirmed. Approved, November 15th, 1823. [No. 242.] In the House of Representatives, November 11th, 1823. Resolved, That the executive appointment of Anson Kim- berly, Esq., as a commissioner of pilotage for the port of Da- 36 RESOLUTIONS.—1823. rien, in the place of Scott Cray, Esq., resigned, be, and the [No. 250.] Same is hereby confirmed. Approved, November 15th, 1823. [No. 243.] In the House of Representatives, November \2th, 1823. Resolved, That Westly B. Thomas, and Charles Carter, 3., of the city of Augusta, be, and they are hereby ap- pointed Notaries Public for the county of Richmond. , Approved, November 24th, 1823. » In the House'of Representatives, November 24th, 1823. « . Resolved, That William H. Harper and Thomas J. Murray be, and they are hereby appointed Notaries Public for the county of Lincoln. Approved, December 5th, 1823. [No. 251.] [No. 244.] In the House of Representatives, November 15 th, 1823. Resolved, That the Comptroller General be, and he is hereby required to lay before the. General Assembly a statement of the amount for which the fractions in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, were sold, the amount of cash received by the commissioners, and the amount paid into the treasury by them. Approved, November 24th, 1823. , ' [No. 245.] In*the House of Representatives, November "18th, 1823. . Resolved, That John Burch be, and he is hereby appointed, k Notary Public for the town of Washington and county of Wilkes/' ■' _ . Approved, December 1st, 1823. [No. 246.] In the House of Representatives, , *t , 1 November 20tJi, 1823., Resolved, That William Hunt, James S. Phillips,, Thomas Watkins, Isaac Welch, and Henry H. Lumpkin, be and they are hereby appointed commissioners of the academy for the county of Monroe. \ ' Approv.ed, December 1st, 1823. ■> . / In the House of Representatives, November 27th, 1823. Resolved, That his excellency the Governor be, and he is hereby requested / to cause suits to be commenced forthwith against the commissioners and their securities, who sold the fractions in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, for the recovery of such amount as has been retained by the said commissioners, unless the money shall be 'paid over immediately. Approved, December 5th, 1823. [No. 252*1 ' In the HdusE of Representatives, December 3d, 1823. Resolved, That , John Joyce, James Crum, Ezekiel Jernigan, Asa L. Renphro, an(d John S. Gilder, be, and they are hereby appointed commissioners of the Irwin county academy. Approved, December 22d, 1823. [No. 253.] In the ^HoUse of Representatives, • December 5th, 1823. Resolved, That his excellency the Governor be authorized, and he is hereby requested to cause, immediately on hisappnf- val of them, copies of all acts of this Legislature, which may be of a public nature^ and, in his opinion necessary, to be handed the State printer, for the purpose of having said acts printed with as little delay as possible. Approved, December 17th, 1823. [No. 254.] [Np. 247. In the House of Representatives, ' November 24th, 1823. The select Committee to whom was referred the petition of. "Isaac Horn, are of opinion tjiat the prayer of the petitioner is reasonable and just, therefore respectfully submit the following resolution: - Resolved, That the Executive be, and he is hereby authorized and requested to pay Isaac Horn such expenses as shall satis- factorily appear to him to have been actually incurred by the said Isaac Horn in apprehending, securing, and bringing the said James Corey from Alabama to the county of Wilkinson in this State. ' ' ' .. Approved, December 5th, 1823. • , , In the House of Representatives, December 5th, 1823. Resolved, That Allen M'Donald, Silas Oquin, Drury Reddish, Boni Boyd, and Samuel E. Swilley, be, and they.are hereby ap- pointed commissioners for the Appling county academy. And be it further resolved, That John Johnson, Henry Hagan, John Roberson, Abraham Eason, and Reason F. Swilley, be, and they are hereby appointed trustees of the same. Approved, December 17th, 1823. [No. 255,] In the House of Representatives, • ■ November 8th, 1823. ' Resolved, That Chesley M'Kenzie, Esq., be and he is hereby appointed a Notary Public for the county of Rabun. Approved, November 15th, 1823. [No. 248.] In the House of Representatives, ' • November 24. ■ . [No. 267.] ■ In Senate, November \%th, 1824. lated to infringe the rights of the State of Georgia, in commoir ^ Resolved, That his excellency the Governor be requested, as with other States similarly situated in, this particular, and as' early as is convenient, to'open a correspondence with the gen- indelicate in those from ^hom it emanates. If the " evil of eral government, and the government of "Florida, if necessary, slavery be considered a national one," your committee take leave on the subject of establishing permanently, the "line dividing to refer the Legislature of Ohio to the situation of the country this State from Florida!, and to take all measures necessary to as it was originally settled in the south, by our ancestors; and accomplish this object. ' to those circumstances, by the force of which slavery in America , Approved, November 20th,, 1824. commenced its existence. - While your committee contemplate with no ordinary emotions * [No. 286.] 1 In Senate, November 15th, 1824. the ameliorated condition of the slave in the southern country, The'joint Committee on internal improvement, to whom was they view with regret this unnecessary interference on the part referred the correspondence of the Governor with the President of a sister State, so well calculated to excite the anticipations of the Uhited States, in which he requested that Georgia may and.hopes of the slave, and impel him to those acts, which, participate with other States in the advantages of the adt of the instead of bettering his condition, must augment his misfortunes. 30th April last, authorizing the President to procure the neces- Your committee therefore consider the resolution as violative sary surveys, plans, and estimates for roads and canals, report: of the true dictates of humanity; and this idea is supported by That they have had the same under consideration, and al- a contrast of the slave population of the south, with the wretched though they believe that little or no benefit will accrue to this and miserable condition of the free people of color who crowd State, from the appropriation made for the purpose of carrying the houses of punishment and correction, in some of our sister the said act into effect, yet as» a further appropriation may be States. If in the south they do not revel in liberty, they are at made at the next session of Congress, for the same purpose, least supplied with the necessary wants of life, they would recommend that the Governor continue to.press tlje Georgia claims the right with her southern sisters, whose claims of this State, should a further appropriation be made. situation in this regard is similar, of moving this question when * Approved, November 27th, 1824. • - ' an enlarged system of benevolent and philanthropic exertions in — consistency with her rights and interest shall render it prac- [No. 269.] In Senate, November 17th, 1824. ticable. - . Resolved,- That his excellency the Governor be requested, , Your Committee take leave therefore to recommend the fol- after the first day of. June next, to send some competent mathe- lowing-resolution : - . matician to examine the first district of1 Dooly, and report Resolved, That the resolutions of the State of Ohio, proposing whether the same has been surveyed .according to law, and if it the emancipation of slaves, passed on the seventeenth day of is found not to be surveyed, his excellency is hereby requested January, eighteen hundred and twenty-four, be and the same to have it surveyed, giving to Murdock McCloud, the district is hereby disapproved by the Legislature of this State; and surveyor, ninety days notice of such examination. that his excellency the Governor be hereby requested to trans- Approved, December 7th, 1824. " mit a copy of this resolution to the Executives of each of the - ^United States. . [No. 270.] In Senate, November 19th, 1824.' Approved, December 7th, 1824. The Committee tq whom was referred the communication of ——— his excellency the Governor, and the accompanying resolution [No. 271.] ^ In Senate, November 19th, 1824. of the Legislature of the State of Ohio, on the subject of the The Committee to whom was referred a resolution of the abolition of slavery, having had the same under consideration, State of Mississippi, expressive of the sense of the Legislature ask leave to report: * j of that State, on that part of the late message of the President That the constitutional guaranty made to the States holding of the United States to Congress which announces the policy slaves is not less sacred than the obligation imposed upon the intended to be pursued by the States, in reference to certain constitution and laws for the protection of the rights of private views imputed to the principal powers of Europe, have had the property. Such States owe it to themselves to preserve unim- same under their deliberation. • paired those rights, since the causes which extracted the con- Although the course of national pqlicy indicated in the com- stitutiotial concession on this subject, continue to exist in all • munication referred to must be considered as that which is alone their force. Your committee are therefore constrained to view consistent with the attitude which the nation ought to assume -the resolution of the Legislature of the State of Ohio as calcu- and maintain in the actual condition of the world, and nothing RESOLUTIONS—1824. 39 \>ut what ought if possible to. increase and confirm the just con- vfidence hitherto reposed in the venerable and illustrious states, man who now administers the government. Yet as the people of this nation have appointed another medium for the expression of their sentiments on questions of international policy, your. committee deem it most correct and advisable for this Legisla- ture to abstain from interposing officially in this and all other matters not regularly within the scope of their powers. Your committee therefore respectfully recommend the a,dop- tion of the following resolution: Resolved as the opinion of the Legislature of the State of Geor- gia, That as well to preserve a due distinctness in the opera- tions of the general from the State governments, as from an undiminished confidence in the present Chief Magistrate of the Union, they deem it inexpedient to act on the resolution trans, mitted from the State of Mississippi. ' Resolved further, That his excellency the Covernor be re- quested to transmit to the Governor of the Statu of Mississippi a copy of the foregoing resolution. Approved, December 7th, 1824. [No. 272.] In Senate, November 20th, 1824. The joint Committee on Agriculture and Internal Improve- ment, to whom was referred the documents relative to the im- provement of the navigation of Brier creek, report: That they have had the same under consideration, and find that the sum of eight thousand dollars has been drawn from the treasury of the State, by the treasurer of the board of commissioners for improvement of the navigation of said creek; and that the said commissioners have made a contract with Ma- jor E. Byrne, of Burke county, for making navigable that part of said creek between Ray's bridge, in Burke county, and Jones' mill, in the county of Scriven, for the sum of five thou- sand five hundred dollars, five thousand of which sum was paid in advance; the balance was to be paid when the work was completed. It further appears, that there yet remains in the hands of the treasurer of said board the sum of two thou- sand nine hundred and thirty-five dollars twelve and a half cents ; five hundred dollars of which sum ought to be paid to the said contractor whenever it shall be ascertained that the contract has been complied with. It further appears, that the said contractor did, in October, eighteen hundred and twenty- two, notify the then commissioners that he had completed the wbrk according to contract; that, in consequence of high wa- ter the said commissioners deferred the examination, after which time four of the said commissioners resigned withotit ex- amining said work, and that there never has been a full board since. Your committee therefore ask leave to introduce the follow- mg resolution: Resolved, That his excellency the Governor be requested to take such measures as he may deem most expedient for carry- ing into execution the resolution of the last Legislature rela- tive to the navigation of Brier creek. And be it f urther resolved, That the commissioners for the improvement of the navigation of said creek, in Scriven county, be requested to examine that part of said creek between Ray's bridge, in Burke county, and Jones' mill, in Scriven county, and report to his excellency the Governor, -whether the said Major E. Byrne has complied with his contract or not; and if he has, that his excellency the Governor be requested to direct the treasurer of the former commissioners of Burke county to pay to the said Major E. Byrne the sum of five hundred dol- lars. Approved, December 7th, 1824. [No. 273.] IN Senate, November 2C)th, 1824. The joint Committee pn Agriculture and Internal Improve- ment, to whom was referred the report of the commissioners for the improvement of the navigation of Tugalo river, beg leave to report: That they have had the same under consideration, and that it appears that the said commissioners are using every effort in their power to complete the same, agreeable to the provisions of an act passed the nineteenth of December, one thousand eight hundred and eighteen. They therefore recommend the following resolution : Resolved, That the commissioners of Tugalo river be, and they are hereby directed to exercise their best judgment in completing the navigation of said river, and that they transmit a complete statement of their proceedings therein to his excel- lency the Governor, and that his excellency be requested to transmit a copy of this resolution to said board of commis- sioners. Approved, December 7th, 1824. [No. 274.] . In Senate, December 11th, 1824. The joint Committee on Agriculture and Internal Improve- ment, to whom was referred the resolution from Senate recom- mending the consideration of cutting a canal from the Altama- ha river to Brunswick, beg leave to report: That they have had the same under consideration, and are of opinion that the plan is practicable, and, when carried into effect, might be of benefit to the State. They do not think it advisable, however, to recommend the adoption of any mea- sures relative thereto. As soon, however, as a board of public works be established, they would recommend that the subject be laid before them for their consideration at an early period. Approved, December 18th, 1824. [No. 275.] In Senate, November 25ith, 1824. The Committee, to whom was referred that part of the Go- • vernor's communication relative to the correspondence on the subject of citizens' claims against the Indians, have had the same under consideration, and after examining the various documents on the subject, (that is, the treaty a* the Indian Springs, and the memorial and remonstrance of the last Le- gislature on that subject,) are of opinion that the memorial and remonstrance of the last Legislature has embraced a full view of the subject, and there does not appear any new matter to present itself to this committee, on that subject, that would go to alter the opinion of the Presideat, except the fact that the President appears to think, or admit as a fact, that there was, at times, open declarations of war existing between the State of Georgia and the Creek Indians, and that the .treaties be- tween the United States and those Indians was a final settle- ment of all matters then existing. This committee are of the opinion, that there never was any thing like a formal declara- tion of war existing between them ; but, to the contrary, when the citizens of Georgia believed themselves in the [most] safety, they sustained the greatest loss: and that at those treaties mentioned by the President, it was so uncertain whe- ther the Indians would meet or not, that if the. citizens had have intended to assert their rights at that time, they could not have done so, for the meetings were uncertain and temporary : therefore, this committee are of the opinion, that the President, if he was advised of these facts, he could not lay the construe- tion on the treaty at the Indian Springs, which he has thought a correct one ; for that was the first opportunity which the citi- zens had to adjust with the Indians their claims, and that it was done by and with the consent of the whole tribe, therefore ought to govern : as such the committee beg leave to offer the following resolution : Resolved, That his excellency Governor Troup has complied with the intention of the memorial and remonstrance ot the last Legislature. Be it further resolved, That his excellency be requested to ascertain, in such manner as he may deem expedient, all the evidence on the view of the matter taken by this committee, as to the grounds of their being no declaration of war existing between the parties, and that the treaty was between the United States and Indians, and riot the State of Georgia; and that ho 40 RESOLUTIONS.—1824. continue the correspondence.as he may think. proper on that subject, for the interest of the citizens of Georgia. Approved, December 7th, 1824. [No. 276.] In Senate, November 26th; 1824. The Committee to whbm was referred the letters of the 'Attorney arid Comptroller Generals, relative to an execution agairist William M. Oliver, the former tax collector of Scriven county, have had the same under consideration and beg leave to report: ' , That inasmuch as the State is remediless, as against James Bryant the forfner sheriff of that county, and his securities on account of their insolvency, and the collusion between the said sheriff and tax collector in making an entry of full satisfaction upon said execution, and delivering the same up to the defend, ant, when in truth nothing was received thereon, being manifest to this committee, they respectfully submit ' the following resolution: Resolved, That the Comptroller General is hereby authorized and required to issue a new execution immediately against said defaulting tax collector for the amount due by him to the State, and forward the same, without delay, to the Attorney General of the State. Approved, December 7th, 1824. [No. 277.] In Senate, November 30th, 1824. The Committee on the state of the Republic, to whom was referred the memorial of the Steam Boat Company, report: . That it [is j desirable to the State to dissolve the connection' with the said company, and to withdraw its funds from a situa- tion in which they are exposed to the hazards of mercantile adventure; that instead of rescinding the agreement of eigh- teen hundred and twenty, as, prayed for in the said memorial, it is desirable to the State to rescind the original agreement for the purchase of stock, and in doing this, the State would be willing to give the said company credit for the sum of thirty- two thousand dollars received on account. Wherefore resolved, That his excellency the Governor be, and he is hereby authorized and requested, on the payment into the treasury within six months from this date of the, sum of sixty- eight thousand dollars, to surrender to the said company its certificates of stock, its bond and mortgage, the agreement of eighteen hundred and twenty, and to grant to said company an acquittance from all demands : Provided, the said company, at the time it pays-the money aforesaid, shall surrender to the State all rights it may now enjoy of exclusive navigation, by steam, of the'waters of the State, which the said company have derived under any acts of this State. , Approved, December 7th, 1824. [No. 278.] , In Sena!te, December 2d, 1824. The joint Committee on Agriculture and internal Improve.- ment, to whom was referred the report of the commissioners appointed to superintend the improvement of the navigation of Savannah river froqi the town of Petersburgh to the village of Andersonville, report: • That they have had the same under consideration, and find that they have completed the navigation of that section of the said river, with the exception of a small distance, so that a boat can pass with eighty bales of cotton, and that there yet remains in the hands of the treasurer of said board the sum of fifty-*five dollars sixty-eight and three fourth cents, which they deem sufficient to complete that section of said river as above stated. Your committee, therefore, recommend the following reso- lution: Resdlved} That said hoard of commissioners be, and they are hereby directed to exercise their best judgment in com- pleting the navigation of that section of said river, so far as the funds in their hands shall extend. Approved, December 7th, 1824. [No. 279.] • • In Senate, December 7 th, 1824. Whereas, at the last session of the Legislature the following resolution was passed, to wit: Resolved/ That hisfexcellency the Governor be, and he is hereby authorized and required to suspend the proceedings on a mortgage fi. fa. against fractions No. 285 and 292, in the fourteenth district of formerly Baldwin, now Putnam county, for the term of twelve months. , * And he it further resolved, That the Solicitor General of the Ockmujgee circuit do take all legal means to obtain a judgment, as soon as possible* on a bond given by John A. Cuthbertand his securities Isaiah Favour and Luke J. Morgan, which suit has been ordered by the late Governor, and pay into the treasury the sum so raised, in discharge 'of the aforesaid mort- gage fi. fa. And whereas, the Solicitor General of the Ockmulgee circuit has not had time to collect any money on said bond, Be it therefore-resolved, That his excellency the Governor be, and he is hereby "authorized and requested to suspend the pro- ceedings on a mortgage fi. fa. against fractions number 285 and 292 in the fourteenth distrjet of formerly Baldwin, now Putnam county, until the first day of October next: Provided, that nothing in this resolution shall go to relase said fractions from being subject to said mortgage fi. fa. Approved, December 18th, 1824. ■ [No. 280.] _ In Senate, December 9th, 1824. ' The Committee on Public Education and Free Schools, to whom- was referred a resolution from Senate directing an inquiry into the propriety of amending, or explaining the several laws now in force in relation to the Senatus Academicus, and the accountability of county academies to the same, and a uniform method of their reports, have had the same under consideration, and take leave to offer the following remarks: -The charter of the University invests the general superin- teriderice of the literature of the State to the Senatus Academi- cus, which body under the laws now in force on that subject, is constituted of the Governor of the State for the time being, [the President of the Senate,] the Speaker of the House of Repre- sentatives, the Senators from each county, except the one from which the Speaker of the House may be, arid the Trustees of the University of the State. The duty of this body, when convened, is to consult and advise, not only upon the affairs of the University, but also to remedy the defects and advance the interests of literature throughput the State ,in general; and in order that correct infor- mation may be had, it is made the duty of the members to obtain information and acquaintance with the state and regulation of seminaries of learning in their respective counties, that they may be thus possessed of matter whereon to deliberate and act. In the fourteenth section of the charter it is declared that all public schools, instituted or to be supported by funds or public moneys in this State, shall be considered as parts or members of the University, and shall be under the forgoing regulations. In the thirteenth section of said charter it is made the duty of the President, or some of the college faculty, to visit at least once in each year, the several county academies, and ex- amine into their order and performances. In our widely ex- tended country and increasing number of seminaries, this regu- lation appears to be impracticable, and has grown out of use, and as information in this way cannot be had, the comibittee recommend the following resolution: Resolved, That hereafter it shall be the duty of the trustees of all academies in this State which derive a part or the whole of their support from the State funds, to make an annual report to. the Senators of the county in which such academy may be, of the following form : 1. The number and salaries of instructors. 2. The number of scholars. 3. The annual income. RESOLUTIONS.—1834. 41 4. Branches of learning taught in each, together with any material change which may have taken place since the last report. Resolved further, That if any academy shall fail to make such report in time for it to be laid before the Senatus Academicus, such academy shall be debarred from any further aid from the funds, which now or may be hereafter, set apart for that purpose, until such report shall be made as herein contemplated. Approved, December 18th, 1824. [No. 281.] In Senate, jDecember 9th, 1824. The joint Committee on Finance to whom was referred the petition of John Pugsley, and the accompanying documents, have given the subject that attention which the subject seems to require, and report: That after examining the tax books of Jefferson county, for the years eighteen hundred and thirteen, eighteen hundred and fourteen, and eighteen hundred and eighteen, they find that said John Pugsley gave in his taxable property in that county, and on examining the tax book of Burke county, for the same years, find that the said John Pugsley was returned as a defaulter for the year eighteen hundred and thirteen, twenty-four dollars ; for the year eighteen hundred and fourteen, twelve dollars; for the year eighteen hundred and eighteen, eleven dollars, twelve and a half cents. The tax collector's receipt for Burke county for eighteen hundred and thirteen, and eighteen hundred and fourteen, is thirty-six dollars, and for eighteen hundred and eighteen, twenty-three dollars and sixty-eight and three fourth cents, and for the year eighteen hundred and eighteen there is another receipt from Burke county, for ten dollars and thirty cents. Your Committee, therefore, believe the petition to be reason- able and just, and ought to be granted. They therefore recom- mend .the following resolution : Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the sum of sixty- nine dollars'be, and the same is tiereby appropriated for, and to be paid to John Pugsley to repay to him the sum wrongfully paid by him as taxes for the years eighteen hundred and thir- teen, eighteen hundred and fourteen, and eighteen hundred and eighteen, and that the same be provided for in the appropria- tion law, to be paid out of any money in the treasury not other- wise appropriated. Approved, December 18th, 1824. [No. 282.] In Senate, JYovember 11 th, 1824. Whereas, John Keener, of Bibb county, became surety forLaw- son J. Keener, for the rent of the ferry across the Ockmulgee River at the town of Macon, for the year eighteen hiindred.and twenty-two, for which rent a judgment for upwards of two thou- •>and one hundred dollars, with interest and cost, has been re- covered against the said John Keener. Resolved, That all further proceedings be stayed on said ■uilgment for one year from the first day of January next : Provided, That the said John Keener do pay the interest and tost due on said judgment, and give good and sufficient secu- nty, to be approved of by the Solicitor General of the Flint cir- cuit, within twenty days for the payment of the principal and interest that may be due on the said judgment. Approved, December 13th, 1824. [No. 284.] In Senate," December 11 th, 1824. The Committee on Agriculture and Internal Improvement, whom was referred the resolution directing them to inquire into the expediency of cutting a canal from the Altamaha to 8apelo river, report: That they have performed the duty assigned them, and are of opinion that it would at this time be inexpedient to adopt any specific course in relation to such contemplated canal, inasmuch dsno general system of internal improvement has been adopted. Approved, December 18th, 1824. [No. 284.] In Senate* December 11th, 1824. Resolved, That the frequency of visits to the Penitentiary be- ing productive of insecurity, enormous waste of time, and dis- tracting the attention both of keepers and convicts, it is of vital importance to the prosperity of that Institution that it should be restricted as far as possible ; and the board of inspectors are hereby authorized to adopt such measures as in their discretion they may deem proper for the purpose of remedying that incon- venience. Approved, December 18th, 1824. [No. 285.] In Senate, December l&th, 1824. Resolved, That the Secretary of Senate [)e, and he is hereby authorized to employ one additional engrossing clerk in his of- fice. Approved, December 18th, 1824. [No. 286.] In Senate, December 16th, 1824. Resolved, That the Governor be requested, during the ensuing summer, to cause to be made such alterations and improve- ments in the seats of the President and Secretary of Senate, as may make them correspond with the general character of the Hall, and the furniture thereof; and to arrange the seats of the Senate in such manner as to make them more commodious. Approved, December 20th, 1824. [No. 287.] In Senate, December 16th, 1824. The select Committee to whom was referred the memorial of Thomas Mitchell, Surveyor General, have had the same under consideration, and for evidence of the facts stated in the said memorial, they have had recourse to the report of the committee, appointed at the last session of the Legislature, to examine the Surveyor and Comptroller General's office^, from which it ap- pears that there were two thousand eight hundred and thirty plats of lottery grants, and two hundred and forty-six plats of head right grants not recorded, which had then been granted, and which ought to have been recorded by his predecessor ; and that the said Thomas Mitchell has ordered three record books of head right grants. The precedent set by preceding Legis- latures in such cases, together with the justice of the claims of the memorialist, induces your committee to beg leave to recom- mend, that there be appropriated by law, to the said Thomas Mitchell, the sum of four hundred and sixty-one dollars and forty cents, for recording three thousand and seventy-six plats, at fif- teen cents each, and also the sum of thirty-eight dollars and sixty cents for making the three indexes, making in the whole the sum of five hundred dollars, which shall be in full for bringing up the unfinished business of his predecessor in office. Approved, December 20th, 1824. [No. 288.] In Senate, December 16th, 1824. The joint Committee on Finance, to whom was referred the petition of Emanuel Womberzee, report: That they have had the said petition under their mature con- sideration; but from the long standing of said claim, and no proof being before t'hem that the said Emanuel Womberzee did in time make suitable endeavors to find said land as mentioned in his deed from the commissioners of confiscated property; and believing that the claim of the said Womberzee is at this time unreasonable and ought not'to be granted ; They therefore submit the following resolution : Resolved, That the petition of Emanuel Womberzee is un- reasonable, and ought not be granted. Approved, December 20th, 1824. [No. 289.] In Senate, December 16th, 1824. The Committee on the Judiciary, to whom was referred so much of the communication of his excellency the Governor as relates to the Africans now in possession of the State, respect- fully report: 42 RESOLUTIONS,—1824. That they have had the subject under their consideration, and Resolved, That the Legislature approve the course pursued whilst they lament the embarrassmeiits which have grown .out by his excellency the Governor in relation to the Africans in of the subject, they cannot but approve of the course of conduct possession of th? State, amidst the difficulties resulting from pursued by the Executive as one imposed upon him by the duty conflicting claims to the property prosecuted in different courts, of his station and the requirements of justice. , Referring to having, Or pretending to have, concurrent jurisdiction. , the proceedings which were commenced, and are now pro- Resolved, That the Legislature are of opinion that his excel- grossing to a final decision in the Supreme Court of the United lency the Governor will be warranted in pursuing such a course States, the committee find that when a libel was filed by Ma- of conduct in future for the security, and protection of said pro. drazo, a Spanish subject, in the District - Court of the United perty as his wisdom and prudence may suggest, until the title States, William Bowen interposed a claim to the Africans in thereto shall have finally been decided upon, question, according to the practice of admiralty courts: that, ResolvedP, That his , excellency the Governor be, and he is from the decision of that court, and from the decision of the hereby authorized and requested, to employ counsel to defend Circuit Court, Mr. Bowen appealed to the Supreme Court of the rights of this State before the Supreme Court in the cases the United States, where the case is now pending, and will be there pending in relation to the/Africans now in possession of decided; which decision, ^whether favorable or adverse to the the State. claims of Mr. Bowen, will be final and conclusive. Approved, December 20th, 1824. > • Your committee are also of opinion, that if the decision of the Supreme Court should be unfavorable to the claims of the [No. 290.] In Senate, December 10th, 1824. State, good policy and a regard for justice, will require that she The joint Committee on , the Penitentiary have performed Should acquiesce in that decision, and give up the Africans to the duty assigned them; and, in malting the following report, whomsoever they shall appear to belong, even if the State could take a pleasure in representing the establishment to be in a not be coerced into acquiescence by the strong arm of the more flourishing, state than they have known since its erection, law. The State,, therefore, in the opinion of your committee, which must, in a considerable degree, be attributed to the care, is bound to preserve and. protect the property in litigation, in. management, and direction, of the inspectors and principal order that she may, when the rights of the parties shall have keeper. . • been decided upon, either avail herself of a favorable decision, • The internal regulations for the government of the convicts; or be prepared in a different event to pursue the course dictated the order and regularity with which the different branches of by policy and justice. To enable her to meet either result, slje work are carried on, evince a management on the part of the is bound to protect the property and preserve it from any attempt principal keeper that is highly creditable to him. to wrest it from her. ^ Your committee are further of the opinion, that the institution Your committee,-taking into their consideration the diffi- for the political year past has been conducted in a manner judi- culties which have heretofore attended this business; would cious and beneficial; and if similar arrangements are continued, gladly recommend quch a course for the future as would relieve they have no doubt but in a few years it may be brought to the State from further embarrassment; but the committee are produce a revenue to the State, instead of an expense, as finable, under existing circumstances, to devise such a course, hitherto. Should that be the fact, a double advantage'will be Your committee have also had under consideration the derived therefrom: in the first place, such persons as were dis- petition of Mr. Bowen, which has been referred to them,'in posed to violate the laws woulxl be kept separate and apart from which he proposes to have the property in litigation given up the rest of the community; and in the second place, while to him, upon his giving security to indemnify the State against doing penance for their offences, would at the same time be the claims of all other persons. Your committee are of opinion learning a trade wherewith they might support themselves -that this proposition should not be acceded to, because they be- when again let loose on society, without resorting to their old lieve it would be impolitic and unjust. Good policy, and a pro- practices. per regard for the requirements of justice demand of the State, Your committee have examined the smiths' department, and that whenever' she makes a voluntary surrender of the Africans find the work executed therein to be of a superior kind, and at it should be made to those who shall have established a just and prices lower than they can be obtained elsewhere. . legal claim to them. Putting out of view the mode and manner They have also examined the books of the Penitentiary, and in which the - Africans were brought within the jurisdictional find them correct and accurately kept. A schedule of the limits of the^United States, and giving to Mr. Bowen the full' notes and accounts due the institution, were laid before them benefit of the argument which he presents, growing out of the and.particularly examined. They feel confident that the ere- want of intention on his part to violate the laws of his country, * dit given to the patrons of the institution has been judiciously the committee are satisfied that the facts attending the transit extended, and that, in this difficult and important matter, a great of the Africans from the Amelia Island to the Creek Agency, improvement has been made. However, they are of. the opi- were such as authorized their seizure and detention. The con- nion, that that part of the business cannot be too strictly at- sequence of this detention has been that persons setting up a tended to. claim to the property, and who were disposed to contest the They have also examined the shoe, boot, harness, and tailor- rights of those under whom Mr. Bowen claims title, have had ing departments, and find the work carried on in those different an opportunity of presenting their claims before the proper tri- branches to be to the interest of the State, as much so as the bunal. .So far as these claims have been investigated, the nature of the case will admit. committee are of opinion that great doubts have been cast upon They cannot refrain from expressing their approbation of the justice of Mr. Bowen's claims. Leaving the question, how- the conduct and management of the superintendents of those ever, to be decided by that tribunal to which it has been carried, different branches. and to which it properly belongs, your committee are decidedly They have further examined the Penitentiary edifice, and of opinion, that respect for herself and a proper regard for the find the main building, 4he guard house, the hospital, and work dictates of justice, require of the State that she should preserve shops, in good condition, with the exception of a few panes of and protect the property Until that decision shall have been glass deficient in some of the windows, and of a small portion . made ; and when the property is surrendered, let it be to those of the plastering that has fallen off. whose claim shall have been satisfactorily established before Your committee have, also examined the raw materials and the competent tribunal. manufactured articles appertaining to the painters' department, Your committee therefore recommend the adoption of the and of the different workmen in wood, and find the raw mate- following resolution: rials of the best quality that the country affords, and procured RESOLUTIONS.—1824. 43 at a moderate price. The manufactured articles are cheap, and executed in a manner highly creditable to the institution. The workmen appear orderly and attentive, and pursue their various occupations with assiduity. A memorial from the inspectors of the penitentiary, relative to the Africans being received within the walls thereof, agreea- ble to directions given by his excellency the Governor, has been laid before your committee, who are of the opinion that the measure recommended by his excellency, and adopted by the* said inspectors, was highly commendable, and the only one by which the Africans can be safely secured until disposed of according to law. Your committee beg leave to recommend the adoption of the following resolutions : Resolved, That in all cases where persons afe sentenced to the penitentiary, it shall be the duty of the clerks of the Su- perior Courts of the respective counties where such persons may be sentenced, to inform the principal keeper of the peni- tentiary immediately thereafter by mail, or private conveyance where there is no post office in the county, of the sentence of the said convict, and that he is detained in the county jail, or under guard, as the case may be, subject to the order of the keeper aforesaid. All expenses incurred after the conviction of the said convict, are to be paid by the keeper or his deputy previous to his delivery: Provided, That if the clerks afore- said should fail or neglect to give the necessary information to the keeper within due time, then, and in that event, they are bound to pay, out of their own funds, the expenses incurred by the detention of each and every convict previous to his being delivered over to the order of the said keeper : Resolved, That a fire engine be immediately procured for the use of the said institution, and that an additional well be dug in the yard thereof. Resolved, That instead of repairing the cells, which, from their injudicious location, are in a decayed situation, and unfit (if repaired) to answer any length of time the various purposes for which they were originally constructed, that in lieu therefor, of their being used as places of punishment, your committee recommend moderate corporeal punishment, under proper re- strictions, and when approbated by a majority of the inspectors that may be present at the time, with the principal keeper. Resolved, That the dormitories of the convicts, which are weak and badly constructed for the purpose they were in- tended, be strengthened in such a manner as the principal keeper may direct. From the statement laid before your com- mittee of the expense thereof, they are induced to believe it will not exceed seven hundred dollars, and yet when accom- plished will produce an annual saving, in consequence of a di- minution of part of the guard, of upwards of one thousand five hundred dollars to the institution. ✓ Resolved, That the sum of three hundred dollars per year be allowed the physician for his medicine and attendance on the convicts in the penitentiary, instead of five hundred dollars hitherto given. And be it further resolved, That the inspectors of the peni- tentiary be hereafter allowed two hundred and twenty-four dollars as hitherto given. And be it further recommended, That an alteration be made in the fifth section of the penal code, and that the fourth section be repealed. Resolved, That the penitentiary committee be discharged from further service. Approved, December 20th, 1824. [No. 291.] In Senate, December 17th, 1824. The Commitee, to whom was referred the communication between his excellency the Governor and Charles Harris, Esq., late commissioner of fortifications at Savannah, have had the subject under consideration, and, after an examination of the ac- counts, beg leave to report; and your committee would recom- mend the adoption of the following resolution : Resolved, That the vouchers, numbers one to fourteen in- elusive, presented to the committee by his excellency the Go- vernor, from Charles Harris, Esq., late commissioner of fortifi- cations at Savannah, amounting in the aggregate to two thou- sand and ninety-nine dollars twelve and a half cents, be re- ceived as satisfactory, and placed to the credit of said commis- sioner. And be it further resolved, That the sum of five hundred and seventy-nine dollars two cents be placed in the appropriation law, subject to the order of Daniel Gugel, in full of his ac- count with the commissioners of fortifications of Savannah ; and the sum of two hundred and fifty-one dollars to John Haupt for services rendered the commissioners as clerk for the year one thousand eight hundred and seventeen. And be it further resolved, That his excellency be requested to take such measures as he may deem most expedient, to ad- just and close the accounts between Georgia and the United States on the subject of fortifications. Approved, December 20th, 1824. [No. 292.] In Senate, December 18th, 1824. Resolved, That his excellency the Governor be, and he is hereby authorized to instruct the sheriff of Habershani county to rent, for the year one thousand eight hundred and twenty- five, any improved fractional part or parts of surveys that have not been drawn or sold agreeably to the law on that subject. And be it further resolved, That on any person's renting any such fraction, he shall give note with approved security on twelve months credit, made payable to his excellency the Go- vernor, the sheriff retaining five per centum for his services ; and he is further ordered to transmit the notes so takefi to the Comptroller General's office. Approved, December 20th, 1824. [No. 293.] In Senate, December 18th, 1824. Resolved, That in future when the Attorney General, or any Solicits General, shall make application to the Legislature for commissions for money collected, or compensation for any ser- vice rendered the State, they shall specially set forth from what persons the money has been collected, and what trouble they have been at, and what labor they have bestowed in and about the said collections or services for which they charge, in order that the Legislature may have such information as will enable them to do justice both to said officers and the State. Approved, December 20th, 1S24. [No. 294.] In Senate, December 18th, 1824. The Committee to whom was referred the communication of his excellency the Governor relative to the probable acquisition of territory by virtue of a treaty now pending with the Creek Indians, have had the same under consideration, and tdke leave to offer the following resolution: Resolved, That should the contemplated acquisition of terri- tory, in the discretion of the Executive, require a called session of the Legislature, during the month of May would suit the con- venience of members. Approved, December 20th, 1824. [No. 295.] In Senate, December 2d, 1824. The joint Committee on Agriculture and Internal Improve- ment, to whom was referred the report of the commissioners of the Oconee Navigation Association, report: That they have carefully examined the same, and find that they have made considerable improvements in the navigation of said river by removing a considerable number of logs of various sizes out of said river; also, by removing a number ,of trees from the margin of said river, which eventually would have obstructed the navigation : they have also caused several canals or cuts to be made, which shorten the distance and faci- litate the passage of boats. 44 RESOLUTIONS.—1824. Your committe further find the said board have under their control eighteen working hands, ten thousand dollars in bank stock, five hundred and fifty-one dollars forty-seven cents in notes, accounts, and attorneys' receipts, and one hundred and twenty dollars in cash on hand. Your committee therefore recommend the following resolu- tion : Resolved, That said board of commissioners are entitled to the highest confidence for their strict attention and indefatigable exertions in promoting the interest of the State, so far as re. spects the improvement of said river. - And be it further resolved, That his excellency the Governor be, and he is hereby requested, to transmit a copy of this re. port, with the accompanying resolutions, to said board of com- missioners. Approved, December 7th, 1824. ; RESOLUTIONS , ' • WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1824. [No. 296.] Tn the House, of Representatives, November 4th, 1824. Resolved, That the 'Committee on the state of the Republic, to whom was referred the memorial of the Steam Boat Company of Georgia, and the accompanying documents, be authorized to send for and examine persons andpapers relative to saidmemorial. Approved, November 2pth, 1824. [No. 297.] In the House of Representatives, , \November 11th, 1824. The select Committee, to whom was referred the list of ex- ecutive appointments, made between the first Monday in Novem- ber, eighteen hundred and twenty-three, and the first Monday in November, eighteen hundred and twenty-four, beg leave to report the following resolutions : «. Resolved, That the executive, appointment of Martin Wood, as a commissioner to fix on the-public site in the county of Early, in the place of Samuel B. Jackson, deceased, be, and , the same is hereby confirmed. " . Resolved, That the executive appointment qf James Smith, as director on the part of the State in the Bank o^ Darien, in the place of Allen B. Powell, resigned, be, and the same is hereby, confirmed. ■ • • > Resolved, That the executive appointment, of John Thomas, in the place of G. Welch, resigned ; of JOsiah Horh, in the place of John Gr..Underwood, deceased; and of Lott Warren, in the place of Amos Love, deceased, as commissioners of the court house and other public buildings i,n Laurens county, be, and the same is hereby confirmed. - Resolved, That the executive appointment of Jacob Wilcox, in the place of William Scarborough, resigned, and of . John W. Long, in the place of Edwin Bartlett, as commissioners of pilotage, port of Savannah, be, ahd the same is hereby confirmed. Resolved, That the executive appoiniment of Isaac Snow, in the place of William A. Dunhhm, as commissioner of pilotage, port of Darien, be, and the Same is hereby confirmed. Resolved, That the executive appointment of Isaac Snow, in: the place of William A. Dunham, as commissioner of the river Altamaha, be, and the same is hereby confirmed. Approved, November 25th, 1824. ( [No. 298.] In the House of Representatives, November 13 th, 1824. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That William Wheagum, William Powell, Whitman Owens, Simon Shepherd, and Thomas Johnson, be, ahd they are hereby appointed trus. tees of the academy of Decatur county. Approved, November 25th, 18^4. [No. 299.] In the House of Representatives, '• ( November 15th, 1824. • The Committee on Printing report: That they have contracted with Camak & Ragland for the printing of twenty.five hundred copies of the laws which may be passed at the present session of the Legislature, at two and one ninth cents per sheet of eight octavo pages ; for the printing of two thousand copies of the journals of each branch of the General Assembly, at one and eight tenths of a cent per sheet of eight octavo pages ; and for the printing which may be ordered by the present Legislature, On the same terms that it was done the last session. The laws to be delivered by the first of Febru- ary, and the journals by the first of March next: for the per- foriRance of which they are ready to give bond and security. Approved, November 25th, 1824. [No. 300.] In the House of Representatives, November lQth, 1824. Resolved, That a committee be appointed to join such com- mittee as may be appointed on the part of Senate, to ascer- tain what amount of money will be necessary to be inserted in the appropriation law of this session, for the reimbursement of the persons who have been engaged in taking the cepsus of the several counties in this State, under the requirement of an act of the General Assembly of this State, passed the tenth day of December, eighteen hundred and twenty-three. Approved, November 20th, 1824. . . [No, 301.] In the House of Representatives, November \§th, 1824. Resolyed, That his excellency the Governor be requested to furnish the joint committee appointed to apportion the represen- tation of the several counties of this State, under the new cen- sus, with a digested table of said census, stating, in separate columns, the white, black," and representative population of each county; also, if any counties have failed to make out their returns in conformity to law, to inform the committee thereof. Approved, November 20th, 1824. [No. 302.] In the House of Representatives, November 19th, 1824. It appearing from documents herewith submitted, that Seaton Grantland has paid into the treasury, through the commissioners of the late fractional sales held at Milledgeville, the sum of fifty dollars and twenty.five cents, without receiving an equivalent for said sum of money: RESOLUTIONS.—1824. 45 lie it therefore resolved, That the said sum of fifty dollars and twenty-five cents be appropriated for the use of said Grantland, and that the same be placed in the appropriation act. Approved, December 8th, 1824. (No. 303.] In the House of Representatives, November 20th, 1824. The Committee, to whom was referred the petition of Charles Damarin, having taken the same into serious consideration, after examining the accompanying documents, are of opinion, that his claim is a reasonable and a just one, and ought to be granted. They therefbrebegleaveto offerthe following resolution: Resolved, That the sum of four hundred dollars be appro- printed to the said Charles Damarin, in lieu of the bounty land to which he was entitled as a revolutionary soldier, attached to Colonel Elbert's regiment of continental troops, and which bounty he has never received ; and that the same be placed in the appropriation bill for the present year. Approved, December 4th, 1824. [No. 304.] In the House of Representatives, November 23d, 1824. The Committee, to whom was referred the resolution of the House of Representatives relative to making further appropria- tions for Savannah and Broad river, report: That they have had the same under consideration, and deem it inexpedient to make any further appropriations until said rivers shall have been surveyed by a competent engineer, and a report had thereon relative to the practicability and expense thereof. • We also beg leave to observe that, in our opinion, the charter granted by the State of Georgia to the Broad River Navigation Company operates as a serious injury to that portion of the citi- zens of this State, in its immediate vicinity, by their non-user of the privileges, and neglect of the important duties thereby con- templated. We would, therefore, beg leave to offer the follow- ing resolution : Resolved, That his excellency the Governor be requested to open a correspondence with the directors of said company, and to request of them to surrender their charter to this State. Approved, December 4th, 1824. [No. 305.] In the House of Representatives, November 21th, 1824. The Committee to whom was referred the petition of Amos Richardson, report: That they have had the same under consideration, and are of opinion that the prayer of the petitioner is reasonable and ought to be granted. They therefore beg leave to introduce the following resolution : Resolved, by the Senate and House of Representatives, That Amos Richardson is entitled to the sum of one hundred and twenty dollars, as a remuneration for a horse, saddle, bridle, and gun, taken from him by the enemy in the revolutionary war, while in the service of the State of Georgia as a mounted soldier; and that the same be inserted in the appropriation act. Approved, December 13th, 1824. [No. 306.] In the House of Representatives, November 21th, 1824. The Committee to whom was referred the petition of Cicero Holt, Solicitor General of the Western Circuit, have had the same under consideration, and ar6 of the opinion that the prayer of the petioner is reasonable and just, and ought to be granted. They therefore offer the following resolution, to wit: Resolved, by the Senate and. House of Representatives of the State of Georgia, in General Assembly met, That the sum of three hundred and twenty dollars be allowed to the said Cicero Holt, as a compensation for his services in collecting and pay¬ ing to the Treasurer of the State the sum of six thousand five hundred and twelve dollars twenty and three fourth cents, and that the same be inserted in the bill appropriating moneys for. the support of government for the political year eighteen hun- dred and twenty-five: to Micajah Henley, Esq., Solicitor General of the Northern Circuit, two hundred and twenty-one dollars eighty-five cents, for services rendered by him in col- lecting money for the State, being five per cent, on the sum so lected and paid into the treasury. Approved, December 8th, 1824. [No. 307.] In the House of Representatives, November 21th, 1824.- The Committee to whom was referred the petition of George Stapleton, respectfully report: That they have had the same under consideration, and think the prayer of the petitioner very reasonable and just, and beg leave to report the following resolution : Resolved, That the sum of four hundred dollars be, and the same is hereby set apart and appropriated for the said George Stapleton, in lieu of a bounty of land due him by the State of Georgia, for services rendered during the years 1777-8-9, and for which he has never received any thing by way of compen- sation; and that the same be inserted in the appropriation act. Approved, December 8th, 1824. [No. 308.] In the House of Representatives, November 21th, 1824. The Committee to whom was referred the correspondence between his excellency the Governor and the general govern- ment, with the accompanying documents, respecting the further extinguishment of Indian title to the territory within the limits of Georgia, have given [to] it that serious and anxious attention which such a subject must necessarily command. On the thirtieth day of March last, the message of the Pre- sident of the United States to Congress on this subject was referred to a select committee of the House of Representatives. The report thereon which that committee made on the fifteenth day of April, was on the same day referred to a committee of the House on the state of the Union ; but was not further acted on before tfye adjournment. As therefore, this subject will, by a rule lately adopted, be before that bo'dy at the approaching session, your committee deem it inexpedient to renew at this time the remonstrances that have heretofore been so often and so forcibly urged in respect to this highly impor- tant and interesting concern. The settlement of this question is to form a decisive era in the relations between the govern- ment of these United States and the aboriginals. The general government will never consider the existence of obstacles created by itself, or growing out of its own measures, as suf- ficient to absolve it from the performance of its contract. But in determining on the manner in which these obstacles are to be removed, will arise questions of high interest, of lasting effect, and of extensive local application. Your committee, therefore, deem it the most decorous to the constituted authori- ties, as well as most evincive of the unabated confidence which this Legislature, and, as they believe, the people of this State, feel in the Congress and the President, to await the issue of their further deliberations. For the single purpose, there- fore of bringing it before them at an early day, they recom- mend the adoption of the following resolution: Resolved, That the delegation from Georgia, in the House of Representatives of the United States be requested to call up at as early a day as possible «the report of the select committee, made at the last session, relative to the extinguishment by the United States of the Indian title to territory within the limits of Georgia ; and that his excellency the Governor be requested to forward to the Georgia representation a copy of this resoiu- tion. Approved, December 8th, 1824. 46 RESOLUTIONS.—1824. [No. 809.] In the House of Representatives, received any thing, and that the same be provided for in the . November 27th, 1824. appropriation law of this session. Whereas, William W. Brown, of Jones county, rented the Approved, December 18th, 1824. ferry across the Ockmulgee river at the town of Macon, for the , - year eighteen hundred, and twenty-three, for the payment of [No. 312.] In tpCe House of Representatives, which* rent he is bound by three promissory nQtes, with good '< December Ath, 1824, security: _ The Committee to whom was referred the petition of William Resolved, That the Solicitor General be instructed to suspend Kemp, a revolutionary soldier/ have had the same under con. all proceedings on the part of the State against the said Wil- sideration, and report that the prayer of the petitioner is liam W« Brown and his securities for the term of one year, able and ought to be granted. Your committee therefore from the'first of January next i Provided, the said William W. recommend the following resolution : Brown shall pay the interest due on said debt, together with Resolved, That the sum of two hundred dollars be allowed the costs and the Solicitor General's commissions for collection, the said William Kemp in lieu of his bounty of land, and that and that he shall give further security,-if required by the afore- the same he inserted in the appropriation law. , said Solicitor General: And -provided, that nothing herein con- Approved, December 18th, 1824. tained shall go to prevent the immediate collection of said debt, \ i . if the securities already, bound do urge the same. [No. 313.] In the House of Representatives, Approved, December 8th, 1S24. , , • - December 7th, 1824. ' , ' . Resolved, That his excellency the Governor be requested to [No. 310.] - In the House of Representatives, ' approve of the census already returned, and that his excellency December^ 1824. be' authorized to apportion the fund set apart asa poor school The Committee appointed to ascertain what amount of money fund, among the different counties, agreeable to the plan of \yill be necessary to reimburse the persons who have , been distribution pointed out by an act of the General Assembly of engaged in taking the census under an act of the General this State. And, in the event of there being any county or Assembly of this State, have had the same under consideration,, counties which have not returned their census within the time and beg leave to report-: ' limited by law, that his excellency be requested to communi- Your committee report: cate. the same to the Inferior Court of the county, having so That they have had the'returns of the census from the several failed to comply, the necessity of appointing of some person counties in this State before them, to the extent of what are or persons for the purpose of taking the census or enumeration forthwith submitted, and have carefully examined the same, and of their county* under the provisions of the law of the last po- are influenced to submit to the consideration of the Legislature litical year> and when so taken and returned, that his excellency the following report, as furnishing an accurate detail, as nearly be further authorized to draw upon the poor school fund of the as can be ascertained, the persons appointed, the number of political year eighteen hundred and twenty-five for the amount heads of families, and the amount due them at the rate of com- that would have been due them in case such county or counties pensation, agreeably to the provisions of the fourth section of had returned their census regularly, in conformity to the law . the law of eighteen hundred and twenty .three, providing for making provision for the taking of the census or enumeration the taking of the census of this State, as required by the Consti- as aforesaid. tution thereof. < 1 Approved, December 13th, 1824. Your commitee further recommend the following resolution: — Resolved, That his excellency the Governor be" requested to [No. 314.] In the House of Representatives, draw upon the Treasurer in favor of the persons , who have been . December 9th, 1824. engaged !n taking the census of this year for the amount which The joint Committee on Agriculture and Internal Improve- ' appears to be due them, agreeably to a statement hereby for-' ment, to,whom was referred that part of the Governor's cpm- nished, and those that may hereafter return the census so taken muuication which relates to the commissioners appointed to by them, at the pate of compensation, allowable by the law of open a road from the Alapaha to the Florida line, report: eighten hundred and twenty-three. . 1 That since the communication of the Governor on which And be it further resolved, That the sum of six thousand the reference was founded, one of the said commissioners, . dollars be appropriated in the appropriation law for the political General John Coffee, has made a report which has been laid year eighteen hundred and twenty-five, for the reimbursements before the -committee. This report consists of a letter from of the different persons who have been appointed to take the General Coffee, and sundry accounts; but.no such informa- census or enumeration of the several counties in this State, tion as may enable the Legislature to judge of the work which And be it further resolved, That his excellency the Governor has been done, and the manner in which the same has been is hereby authorized to correct any inaccuracy (if there done, as required by the resolution of the twenty-second day should any exist) in ^fixing the amount due to the person so of December, eighteen hundred and twenty-three, has been engaged in taking of the census as aforesaid, by a reference to communfofited. , • the return made. Resolved, That his excellency the Governor adopt such mea- Approved, December 13th, 1824, - sures as may, in his opinion, be best calculated to ascertain — ^ the work which has been done, and the manner in which the [No. 311.] In the House of Representatives, same has been don6> on the road from the Alapaha to the Flo- December 4th, 1824. rida line, and'that he pay any expense accruing out of the con- The Committee to whom was referred the petition of James tingent fund. _ , Lasseter, a revolutionary soldier, have had the same under Approved, December 20th, 1824. consideration, and think the prayer of the petitioner reasonable < ■ and just, and ought to be granted, a'nd teg leave to report the [No. 315.] In the House of Representatives, following resolution: December 10th, 1824. Resolved, That the sum of four hundred dollars be, and the The joint Committee on the Military submit the following same is hereby set apart and appropriated for the use of the report: k said James Lasseter, in lieu of the bounty due, him by the That they have examined into the state of the arsenal and State of Gorgia for services, and for which he has never magazine, and they have found the arms; ordnance, and muni- RESOLUTIONS.—1823. 47 tions of war, in good order and preservation. From the con- struction of the building, and its unfitness for the purposes for which it was intended, the examination of arms and the muni- tions of war, made by the committee, must of necessity have been superficial; but as far as the examination extended, they feel perfectly satisfied with the manner in .which the duties of the keeper have been discharged. The committee recommend that the arms be arranged around the rooms in which they are now deposited, and that an altera- tion be made to effect this arrangement. The expense they are confident would be trifling. The present mode of boxing up the arms, although it may preserve them from the effects of a humid atmosphere, it is impossible to ascertain what are fit for use, and what should be condemned. The keeper informed the committee that there were a number of muskets which it is impossible to render fit for any service. There were also several boxes of swords, which were so little tempered, that they could be bent into any form. The committee suggest the propriety of having the muskets, swords, and other equipments which are useless, sold or disposed of in such manner as the Executive may deem pro- per. The committee recommend that the muskets be browned. Adopting this plan with arms, is a preservative against rust; constant burnishing, although it adds to the appearance, sub- tracts from the durability. The following is the statement of the number of arms and accoutrements received since the first of November, eighteep hundred and twenty-three : 1360 new muskets. 160 do. rifles. fi72 do. pistols. 551 do. swords. 249 old muskets. 75 cartouch boxes. The duties of the keeper have increased in proportion to the increase of arms; and, from this' augmentation of labor, ad- ditional compensation may be thought just and proper.' It is a wise policy to pay every public servant liberally; the busi- ness of any office will be faithfully discharged and best abili- ties easily obtained. From the superficial inspection made by the committee, they are of opinion that the keeper has per- formed his duties with fidelity. • # For the purpose of carrying into effect the above report, the following resolutions are proposed : Resolved, That the sum of one hundred dollars be apprb- priated for the purpose of compensating the military store keeper for his increased labor in discharging the duties of his office. And be it further resolved, That the sum of three hundred dollars be appropriated, to be expended in making such altera- tions in the arsenal, for the arrangement of the arms, as the re- port purposes, and that the Executive be requested to have the same carried into effect, provided he should deem it necessary. Resolved, That the Governor be requested to adopt such measures for the preservation of the public arms in the arsenal at Milledgeville, whether by browning or otherwise, as in his opinion will most certainly insure that object; and that he pay any expense accruing out of the contingent fund. Approved, December 18th, 1824. [No. 316.1 In the .House of Representatives, December 10th, 1824. The Committee, to whom was referred the communication of the Governor on the unsold fractions lying on the Indian boundary line, in the fifth district, in the county of Early, and fraction No. 241, in the fifth district, Monroe county, make the following report: That, after mature deliberation, they are of opinion that it is unnecessary to pass any law, at the present session, for the sale of the fractions in Early county. They recommend that his excellency have fraction No. 241, in the fifth district, in the county of Monroe, rented out as heretofore. Approved, December 18th, 1824. [No. 317.] In the House of Representatives, December 10 th, 1824, The Military Committee to whom was referred the resolution inquiring into the propriety of distributing two hundred and fif- ty swords, and two hundred and fifty pair of pistols among the squadron of cavalry attached to the first division of Georgia mi- litia, and arms, &c. to such troops of cavalry as may require the same, report: That they consider the request contained in the resolution should be complied with, and recommend that his excellency the Governor be authorized to have delivered to the officer com- manding the squadron of cavalry, attached to the first division, the arms required, and that other troops of cavalry in the State be furnished with such arms as they may need, on such terms and conditions for securing their return, as may be deemed pro- per by his excellency. The committee further recommend that all voluntary corps in the State at any time be furnished with the arms they may require on such conditions as his excel- lency the Governor may impose. Approved, December 18th, 1824. [No. 318.] In the House of Representatives, December 10 th, 1824. The committee on Finance to whom was referred the Go- vernor's communication on the subject of forfeited Indian re- serves, report: The course adopted by the Governor is considered-a correct one. They recommend the adoption of the following resolution. Resolved, That the Governor is hereby authorized and re- quested to continue the rents of said reserves, and such others as may revert to the State under the treaty held at the Indian Springs on the eighth day of January, eighteen hundred and twenty-one, in such manner as he may deem most conducive to the interests of the State, allowing the sum of twenty per cent to an agent, to be employed to superintend such rents. Approved, December 18th, 1824. [No. 319.] In the House of Representatives, December 10 th, 1824. The Committee on Finance to whom was referred the petition of John Harris, tax collector of Glynn county, have duly exa- mined the subject of the petition, and find it unreasonable. They therefore recommend said petition be rejected. Approved, December 18th, 1824. [No. 320.] In the House of Representatives, December 10 th, 1824. Whereas, William Schley, the compiler of the English Sta- tutes of force in this State, has represented to the General As- sembly, that he will be ready to report the same to his excel- lency the Governor, during the recess of the Legislature, in or- der to obtain his approbation and subscription; and whereas it is necessary that money should be appropriated for the purpose of printing the same ; Be it therefore resolved by the Senate and House of Represen- tatives itI General Assembly met, That his excellency the Go- vernor be and he is hereby authorized to advance to the said William Schley out of the contingent fund one half of the amount subscribed for by the State to enable him to defray the expense of printing and binding the said work, on his giving bond and security for the same, as the Governor may approve. Approved, December 15th, 1824. [No. 321.] In the House of Representatives, December \0th, 1824. The select Committee to whom was referred the petition of 48 RESOLUTIONS.—1824. Yelverton P.King, Solicitor General of the Ocjcmulgee district, ' They would moreover observe that this bank and the Plan- report: " ' 1 ' J ters' Bank have failed to comply with that part of the resolution v That on examining the receipts of the Comptroller General, of the twenty.second December^ eighteen hundred and twenty it appears that the said Solicitor General has paid into the trea- three, which requires that an exhibit of the names of the parties, sury during the past political year the sum of four thousand five makers, and endorsers of bad paper, be annually made to his ex- hundred and one dollars and thirty.-pne ceqts^ collected by him cellency the Governor. ' . , for the State, for which he has received ho compensation. 3d., The requirements of the resolution alluded to, have been Your Committee therefore recommend the adoption' of the fully complied with by the Darien Bank- Your committee are following resolution: . . of opinion that with proper management this institution'will be Resolved, That the sum of two hundred and twenty-five dpi-' pnable'd to sustain her credit and to exhibit , a wholesome and lars be allowedYelverton P. King, Solicitor General of the Ock- sound condition. . . ' mulgee district, for services rendered by him -iri: the collection 4th, They have examined the exhibit of the Augusta Bank, of money for the State during the past political year, and that an(j take much pleasure in stating, that said exhibit presents a the same be placed in the appropriation bill of the present ses- y6ry sound and prosperous state of the affairs of said Bank, and sion. " . , " • . . , S • fully complies with the requisitions of the resolution of the last Approved, December 15th, 1824. / / . ' ... Legislature. Your committee would recommend to the Legis- -—r-j—: / \ ". \ • ,' , ' lature.tfyeappointment of a committee, with potver'to'examine /[No. 322.] In the House of Representatives, ; jnt0 thp affairs of the different banks in which the State is a stock- , December 1'OtA, 1824. holder, to report to the next Legislature. . , .. The Committee on Finance further report: ; They Would also reqomniend the repeal of so much of the ' That they have, examined the correspondence of the .Gover*1 resolution of eighteen hundred and twenty-three, as requires nor and the Solicitors of Flint and Western circuits^ on the sub- the names of individuals whose debts may be considered as bad ject of the State's claim against John Loving, Fleming Tk Adti- 0)- doubtful. . ' . s ' 1 : ' 1 , . an, and Samuel Jackson, late commissioner of fractional, sales, Approved, December 18th, 18*24. , - upon which they report their entire assent to the course pursU-' . , ' _ . . - , ed, and request his excellency the Governor to prosecute figidly rivT ' ^ the claim in such manner as he may deem the most conducivh [No. 325.], In the House of Repeesentaxives , ■ ■to the interests of the;Siate. ' / , . D , 'V ™ , „ . • . December 13th 1824. Approved, December 18th, 1824. . ■> • Qesolwd, That four hundred dollars,be appropriated and pa>d ' ' L . toJosepffv-Bevan, tor the purpose of collating, arranging and INo. 323.] In Tin HOTOB OFRaFun^Ai^'' '■^^g.^.P»pe«relatin?totheo™nd«tflementoriioliac-al -i ■ r ■ ^ J • December lltli 1824 —history of . this State, now in the Executive or Secretary of , The joint Committee on Bants, to'whoih'tvah referred the f'at' ■ " ~ money. : v . , Thai they ; have examined the ' said > communication and ac-: That the said, sum be inserted in the appropriation companying documents, and Jare of .opinion that the interest of 1 ^ , '' ' n. the 8tate as a stockholder in the sai(f bank, does, not require ■ Approved, December lSth, 1824. , . .. that the same should be "made the subject of legislative investi- / " —~— gation. They are the more willing to avoid at this time, an in- [No. 326.] In thj-House of Representatives, vestigation unde^ thd charges made, by Mr. Powell, a^ they in- < ' '• . Decemberlbth, 1824. *■ tend to recommend the appointment of a committee to examine _ Information having been, received that General La Fayette, into the condition of this and other , b^nks, and report to t^e J the early'and zealous defender and devoted friend of American next legislature; , As this committee, in their exaininatioh, must 'liberty, will probably visit this State during the present winter: "necessarily ttim their' attention to' those points on which, the , Resolved, by the Senate* and Mouse of Representatives of the charges are founded, the joint committee beg leave to recom- ^JStaiq of Georgia, in.:General Assembly met, That his excellency ' mend the following' resolution: . " J . ' ithe Governor baauthorized and he-is hereby requested to receive Resolved,' That the Committee on Banks be discharged from the General-in such manner as in his judgment "may evince the the furthe'r consideration of the communication of his excellency gratitude of the people;cf this State for his distinguished services, the Governor, relative tojthe charges of Allen B. Powell, Esq., And be it further lihianimously resolved, That his excellency against the Bank of Darien, and that the parties have leaveto "the Governor be authorized to draw on the contingent fund withdraw their respective papers."1 - ' •■ V '•v- for "such ^sums of .'money as may be necessary for carrying the Approved, December I8th'j 1824. " • * object of the/foregoing resolution into effect. — >' "'■ • Approved, December 20th; 1824'.' [No. 324.] ' In the House o^ Representatives, ^ ' — rril . . • -r. , December 13th, 1^24. r]\[0. 327.] In the House of Representatives, lhe joint rCommittee on Banks, to whom Was referred the , « December 16th 1S21. reports and exhibits of the different banks m this State; in Which , The Committee to whom was referred the petition of.Henry the State is a stockholder, made in conformity with the reqUisi- . l. Jones, late tax collector of the countv of Baldwin, have duly tion of a resolution of the legislature/ of this StatC, having had. considered the case, and are of opinion*; the prayer of the peti- e same under consideration, report tioher is reasonable, anti therefore beg leaveto offer the fol- 1st. That it does appear, to your comihittee that the affairs of lowing resolution: Resolved, That the Comptroller General be, the Planters' Bank have been ably managed, and that the exhi- and he is hereby directed to allow to Henry L. Jones, late tax bit shows the hank to be not only solvent, but in a very prospe- collector of the county of Baldwin, on a final settlement of his rous condition. account as tax collector, the sum of one hundred and twenty- 2d. They consider the policy which has been adopted by the seven dollars and fifty cents, it being part of his insolvent list. State Bank, as a good and sound one, and they believe that the, which under the peculiarities of the case, he failed in having institution, under its present management, merits the full confi- allowed him by the proper authority, dence of the State. Approved, Decembej 18th, 1824. RESOLUTIONS.—1825. 49 [No. 328.] In the House of Representatives, December \8th, 1824. Whereas, his excellency the Governor has communicated to the General Assembly, that a competent engineer can be engaged by this State on advantageous terms: Be it therefore resolved by the Senate and House of Represen- tatives of the State of Georgia, in General Assembly met, and by the authority of the same, That his excellency the Governor be authorized and requested to engage the services of a com. petent civil and topographical engineer, on such terms as may be'deemed advantageous, and that he cause the said engineer, with the necessary aid, to make such surveys, estimates, and reports as may be practicable, in pursuance of the laws of this State, in order that the same may be laid before the Legislature with a view to the commencement of a system of internal im- provement, and that the sum of ten thousand dollars be appro- priated to carry this resolution into effect. Approved, December 20th, 1824. [No. 329.] In the House of Representatives, December 13 th, 1824. Resolved, That the directors of the Bank of Darien chosen on the part of the State be instructed, and the whole of the directors be requested, to use their endeavors to make such arrangement for the accommodation of those persons who are indebted to the Bank of Darien on notes which have been dis- counted at the branch at Marion, as it may be in their power to make, not inconsistent with the interest of the bank either by creating for that purpose at Marion a special agency, or author- izing a discount at Macon of notes deemed good, payable at a long date, which shall be sufficient to pay off those notes now due at the branch at Marion, and of those running to maturity when they shall become due. And be it further resolved, That his excellency the Governor be requested to transmit a copy of this resolution to the President and Directors of the Bank of Darien as soon as he conveniently can, that no time may be lost in effecting the arrangements con- templated by it. Approved, December 18lh, 1824. [No. 330.] In the House of Representatives, December 18 th, 1824. Resolved, That his excellency the Governor be, and he is hereby requested to send, with the laws and journals of the pre- sent session, four copies of Clayton's Georgia Justice to Appling county, and eight copies to the counties of Ware and Upson each. Approved, December 20th, 1824. [No. 331.] In the House of Representatives, December 18th, 1824. Resolved, That the Inspectors of the Penitentiary be, and they are hereby prohibited from being contractors for said insti- tution. Approved, December 18th, 1824. [No. 332.] In the of House Representatives, December 18 th, 1824. Resolved, That a Committee of four be appointed, with power to examine into the condition of the several banks in which the State is a stockholder, and that William W. Holt, and Irby Hudson be chosen on the part of this House, to join William Davies and Thomas Stocks, chosen on the part of the Senate, who together shall constitute this committee. Resolved, That the committee so appointed shall proceed in the discharge of their duty at such time or times, place or places, as they may deem most conducive to the interest of the State, and that they report a full account of their proceedings to the next Legislature. Resolved, That whilst actually employed, the members of this committee shall be entitled to the same pay as is allowed to members of the Legislature. Approved, December 20th, 1824. RESOLUTIONS WHICH ORIGINATED IN THE SENATE, IN 1825. \ [No. 333.] In Senate, May 28th, 1825. The Committee, to whom was referred the petition of Tho- mas S. Clay, in behalf of the estate of Joseph Clay, deceased, have minutely examined the receiver's digest for the county of Bryan, for the years eighteen hundred and twenty-three and eighteen hundred and twenty-four, and find that said estate has been over assessed the amount specified in the said peti- tion, viz. forty dollars and thirty-three cents; therefore recom- mend the following resolution : Resolved, That the tax collector of Bryan county for said years be, and he is hereby required to refund the said amount to the said Thomas S. Clay, and that the Comptroller Gene- ral be authorized to settle with the said tax collector accord, ingly. Approved June 9th, 1825* [No. 334.] In Senate, May 26th, 1825. Whereas, a considerable portion of the documents accompa- nying the message of his excellency the Governor, are of a nature highly interesting to the good people of this State : It is therefore resolved, That one thousand copies of said message, together with the whole of such documents accompa- nying the same as are connected with the affairs of this State in relation to the Creek and Cherokee nations, be printed. Approved, June 1, 1825. [No. 335.] In Senate, June 4th, 1825. The Committee on Finanee, to whom was referred the me- morial of the commissioners of a canal, to be cut from Piney Island to Catfish creek on the Altamaha river, report, that 5b RESOLUTIONS.—1825. they have performed the duty assigned them, and recommend the following resolution: Resolved, That no more money be paid out until the work is completed, but that the time for completion be extended to one year. Approved, June 9th, 1825.» [No. 336.] ' In Senate, December 31s£, 1825. . The Committee on the state of the Republic, to whom was referred so much of the Governor's message, and the accom- panying documents, as relates to the boundary line between this State and Alabama, and this State and Florida, report: That they have had the same under consideration, and be- lieve that the running of the line between this State and Flo- rida, not to be of sufficient importance to require any legisla- tive interference before the regular session of the Legislature. But the ascertaining the boundary line between this State and Alabama, your committee believe to be a subject of much greater importance, and one that requires tlie immediate atten- tion of the Legislature. If an act should be passed at the pre- sent session, as is contemplated, to survey and dispose of the territory recently acquired from the Creek Indians, it will be- come essentially necessary to have the line between this State ' and Alabama ascertained ; and it appearing from the document in the possession of your committee^ that the government of Alabama and the United States have been consulted on this subject, and have declined any agency therein, your committee beg leave to recommend the following resolution : Resolved, That the Governor be required, as soon as practica- ble,to procure the services of some competent person or persons to ascertain the boundary line between this State and Alabama, according to the terms of the compact entered into between this State and the United States, in the year eighteen hundred and two, first giving to the Governor of Alabama due notice thereof, so that commissioners on the part of that State may be ap- pointed to co-operate with the commissioners appointed on the part of this State, if the government of said State shall deem it necessary to do so. Approved, June 8th, 1825. exceed twenty dollars each; and that the said transcripts, as well as other plans of districts now in, and which may hereafter be brought into, his office, be put on rollers, and so put up in a case or cabinet, to be provided by the Surveyor General for that purpose, as to be most convenient for reference, and not liable to mutilation or injury in future. Approved^ June 9th, 1825. [No. 341.] In Senate, June 4th, 1825. • The Committee on Finance, to whom was referred so much of the Governor's communication as relates to the expenses in. curred by the reception of Gen. La Fayette, have performed the duties assigned them, and report; That the expenses incurred as aforesaid are reasonable, when we take into consideration the circumstances and the oc« casion on which they were made. Approved, June 9th, 1825. [No. 342.] In Senate, June 7th, 1825. Resolved, That the commissioners of the- Ockmulgee navi- gation be, and they are hereby authorized to enter on the bond such credit as they may, on statement, think justly due to James H. Hardaway, for the loss of the services of a negro, who was drowned shortly after said Hardaway had hired him from said commissioners. Approved, June 11th, 1825. [No. 337.] In Senate, June 9th, 1825. Resolved, That Daniel Brinson, Ezekiel Clifton, Joshua Dasher, James Tilman, qnd Elijah Mattox, jun., be, and they are. hereby appointed trustees for Tatnall county academy. Approved, June 11th, 1825., [No. 338.] • % In Senate, June 9th, 1825. Resolved, That his excellency the Governor be requested to , forward, as soon as practicable, the laws and journals of the present called session to each county. Approved, June 11th, 1825, [No. 339.] In Senate, June 7th, 1825. Resolved, That his excellency the Governor be requested to purchase two portraits, one of Gen. George Washington, and one of Gen. La Fayette, and have the said portraits elegantly f framed, and placed conspicuously in the Senate chamber; and his excellency be further requested to procure portraits of Tho- mas Jefferson, Benjamin Franklin, and Gen. Oglethorpe, and have them framed in like manner; and that the two former be placed in some conspicuous part in the Representative cham- ber, and the latter in the Executive. Approved, June 11th, 1825. [No. 340.] ' In Senate, June 4th, 1825. It appearing, by a letter from the Surveyor General, in an- swer to a call of a committee of the Senate, that among all the plans of districts in his office, there are some so torn and muti- lated as to be useless : It is resolved, That the Surveyor General do cause them to be transcribed, provided the expense of auch transcripts do not [No. 343.] In Senate, June 10th, 1825. The joint Committee on the state of the Republic, to whom was referred the subject of the conduct of the agent of Creek Indian affairs in relation to the late treaty in that nation ; and, also, in respect to the murder of General Mcintosh and others of the Creek chiefs, have had those matters under their serious deliberation. They have not, indeed, investigated them to the "extent that could have been wished, but have given them all the attention which their other duties and the length of time would allow. In addition to th^ documents accompanying his excellency's message at the opening of the session, and of the third instant, your committee, in the exercise of the power given them by this resolution, have collected such further evi- dence as has come to their knowledge and been within their reach. In their view of the whole subject, your committee have not considered themselves precluded from the considers- tion of that part of the evidence which has been before the President, because it is supported and strengthened by what has been since disclosed, that its own weight is greatly enhanced, its character is in a considerable measure changed, and in its turn tends greatly to illustrate the latter. On the same princi- pie, your committee have of course received some evidence, which is not now in point, and therefore has been allowed no weight in their deliberations. This may or may not be ren- dered applicable by evidence hereafter to be obtained; and will of consequence be used or rejected accordingly in the final investigation.' That the agent did not assist the United States commissioners at the first negotiations at Broken Arrow in December last, or even co-operate with them, is confessed by himself. The only apology we have heard offered for that conduct was his igno- ranee : that he supposed he had nothing to do in the matter but merely to assemble the chiefs, and to attend to the rations. Now we deem it not too much to assume, that a man of the intelli- gence and sagacity of the agent, who had been five years in the office, did well know what the late Secretary of War con- descended to tell him, that " the paramount duty which he owed to the government obligated him on all occasions to give his hearty co-operation in effecting its viewsand we further presume him to have been able to apprehend that the acquisi- tion of territory was the object the government had in view in holding the treaty., But he was moreover [been] expressly and repeatedly informed of those views, and of his duty in re- lation to them. The Secretary of War on the 16th of July* RESOLUTIONS.—1825. 51 1824, in announcing to the commissioners their recent appoint- ment, instructed them, among other things, first, thai it was " the desire of the government that the feelings and the wishes of the State of Georgia should be particularly attended to;" and the location and extent of the territory to be treated for, is therefore left at their discretion; and secondly, that the agent was instructed to obey their orders on all points connected with the proposed treaty. Of this instruction the agent acknowledges to the Secretary of War that he had a copy. Early in August, the commissioners informed the agent that they were instructed to correspond with him respecting the treaty; and expressed their pleasure in the prospect of a free discussion of all matters con- nected with the subject: and on the fifth of September they again addressed him, informing him of the great concern felt for the negotiation, and specially directed him " to prepare the nation for the issue desired." The public interests were indeed confided to his charge; little if any less to him than to the com- missioners themselves. Was it not for the letter of the 18th of January last, from the late Secretary of War, your committee would express their astonishment at the effrontery of the agent in pretending, if he ever did pretend, that he was ignorant either of the nature or extent of his duties. It remains next to be seen how he performed those duties, so obvious in themselves, and moreover so anxiously and repeat- edly enjoined upon him. It is natural to suppose that an officer in a high trust, knowing thus well his official obligations, if he intended treachery, would act cautiously in an enterprise of such delicacy in the management, and so dangerous if detected. His obvious course would be to act as much as possible through the instrumentality of others, concealing himself as far as prac- ticable behind the scenes. In the case before us, it accord- ingiy turns out that most of the mischiefs have been wrought at second hand. While the agent was professedly neutral, the immediate ostensible actors in those scenes have been those persons connected with him, and in his confidence ; and most, if not all of them, in some way dependent on him, or on his continuance in office. And although positive evidence is by no means wanting, yet perhaps the strongest and most satisfactory proof of his guilt is founded in the character and situation of those immediate instruments of mischief, in their connection with the agent in various ways; and in a multitude of minor circum- stances—parts of a system of measures which we think he in- stigated and countenanced, but dared not openly conduct. And if so, more strongly evincing his guilt by the desire of conceal- ment. In the month of May preceding the appointment of the commissioners, a meeting had been held by the hostile chiefs at Tuckabatchie, to resist the views of the United States. The result of their meeting was by the sub-agent reduced into a kind of written manifesto, declaring that they would not dispose of their lands. These transactions were notorious in the nation, but the agent made no intimations of them either to his govern- ment or to its commissioners. When in July, 1824, the nation, or a part of it, had assembled at Broken Arrow to receive their annuity, a council was convoked, at which the agent was pre- sent, but retired with all other white persons except his sub- agent and Hambly, feis interpreter; that the former of these might read a long communication from the Cherokees, exhort- ing the Creeks not to dispose of a foot of their territory. Of this the agent gave no intimation of which your committee are apprised : nor was any notice taken of a third meeting in November at the Polecat Springs, consisting wholly or princi- pally of the Red Sticks of the late war, although the meeting was at the house of the sub-agent, who again acted as secretary, and published the proceedings. These proceedings amounted to a renewed declaration that no lands should be sold. During all this period and previously, from the fall of 1823, the com- mitttee have no doubt of there having been on foot an active, continued, and steady, system of measures throughout that country by the emissaries of the agent, in concert with the hos- tile Indians, to forestall and defeat the views of the United States government; and in doing so to sacrifice the interests of Georgia, and even the safety and welfare of the Indians them- selves. The constant and intimate intercourse that must, we suppose, necessarily exist between the agent and his sub-agent, predisposes us to presume a concert of action between them. And when we see that the active and continued treachery of the latter is known to the former, and no measures are taken either to restrain such conduct, to make it known, or avert its tenden- cies, the presumption of their being confederates becomes almost irresistible. The agent's conduct at the first treaty was in exact accordance with the views we impute to him. His assumed neutrality on thdt occasion, even if he was in fact neutral, was a wilful departure from duty; and if, as your com- mittee believe, his neutrality was [only] assumed, it was super- adding duplicity to crime. It appears that these facts, or most of them, were in due time made known to the government. A removal of the sub-agent was all the remedy that was applied. His place was soon filled (and it is understood at the instance of the agent) by the present incumbent, who had already earned the agent's confidence by a similarity of views; and particularly by an opposition sufficiently violent to any present cession of territory. His predecessor doubtless remained there to continue his machinations in secret; so that the only effect of the measure, however well intended, is to add one mora to the number of those petty tyrants who oppress and harass the nation, or that part of it who have lavished their blood for the American people. On receiving the renewed and still more peremptory orders of his government, the agent was compelled apparently to co- operate with the commissioners at the second treaty. But in his talk to the Indians, it is curious to observe with what art he keeps within the letter, and out of the spirit of his instruc- tions. He had acknowledged to Major Merriwether, that the proposal for their remQval beyond the Mississippi would, if ac- ceded to, be highly to their advantage ; that they would be fools if they did not accept it. But when addressing the Indians, he draws himself carefully within the shell of his instructions, and nothing appears but what'is rigidly official. " He is instructed," he says, " by the War Department to tell them' so and so." That " what the commissioners had told them was all the talk of the President." That " the President wished them to sell their lands and go beyond the Mississippi." That " it was his wish also, because it was the President's wish." And that " if he was continued agent, he would go with them and be their friend." Perhaps it was impossible for human ingenuity to have suggested to the imaginations of that assembly a greater curse than his friendship, or a stronger argument against remo- val than the prospect of being accompanied by him. When, however, nothing could stem the current; when nothing that could be said or done in the council or out of it, could prevent that consummation so devoutly dreaded, and all or nearly all the chiefs had agreed to sign the treaty on the next day, and that instrument was actually preparing, no time indeed was to be lost. At that critical instant, a desperate measure is re- sorted to. A considerable number of the chiefs are sent away that night! Hambly was the visible agent in this deed. The same man, who the commissioners informed thev government was unworthy of confidence, but who remained, and we believe is still the confidential friend and interpreter of the agent, was the bearer of this order, as it was called ; and of the ridiculous falsehoods that induced them to obey it. We cannot doubt that this man,Hambly, is the devoted implicit instrument ofthe agent. His situation of interpreter itself implies it. But (to take one instance among many that are scattered through the evidence) when we hear this mere interpreter tell Col. Williamson, that he (Hambly) fwas the proxy of the upper chiefs, and invested with the power to~ sell or retain their patrimonial territory—a power that they denied to so many of their principal chiefs, whom they have even attempted to murder, and some of whom they have actually murdered, for executing—when we hear him, moreover, boasting of having defeated the treaty at Broken Arrow, and darkly hinting to Williamson, that Crowell being 52 RESOLUTIONS.—1825. contiuued in his agency or not would decide him (Hambly) how in his protest against the treaty, he states to the late Secretary to wield this tremendous authority, two conclusions force them- of War his belief, that at " no distant day" a treaty could be selves upon us: ■ 1st. That he has neither any regard for truth, made to the entire satisfaction of the government. Your com. or ingenuity in a lie ; and secondly, that he is devoted body and mittee offer no comment on this ! 'They trust there can be but soul to his patron. We see that he is formed of materials base one sentiment on this subject, from the foregoing very rapid, enough for any deed of darkness, but that he has not the talent view of this case, if it is a fair one, and we believe it is. ■ Of himself to contrive the means. this, however, a judgment may be. formed from the evidence The treaty was, moreover, signed by those who remained, be- itself. That part of it which the committee have collected, is ing fifty-two in number of the chiefs, head men and warriors of herewith reported, so that the whole of it is before the House, the nation, rind witnessed among others by the agent himself, Your committee allow no weight (for certainly none ought to and in his official capacity. It is well known that on the next be allowed) to any evidence that is not as yet brought home, at day he denounced to his government, the commissioners and least by fair presumption, to the agent. Those numerous colla. the treaty ; the former as having transcended their instructions, teral Circumstances that are scattered through it, will be taken, and the latter as being a nullity for the want of the signatures of those very chiefs who had thus been sent away and it is equally notorious that he followed on to Washington himself, at the heels of his protest, for the avowed purpose of preventing the ratification of the treaty. By those two acts alone he stands recorded in this; dilemma. He has either officially sanctioned a pretended treaty, Which is all a lie; or he has endeavored to defeat one that was legal in its form, and which in its substance, it is hoped, at their true weight, and no more ; recollecting on the one hand that they generally tend to corroborate and sup. port what they do not distinctly prove ; and on the other hand, that such of it . has been collected by the committee is necessa. rily ex parte ; and that it Cannot be how known how much of it the agent may be able to controvert or explain. ' Taking the evidence collected by the committee, with these cautions and deductions, [which] can however hardly tend to 1 frv> n i1» *-v fIVv 41* _ mam. J.. ^ _ . _ * j_j. __ jl ' 1 .1 provided for objects that he had previously acknowledged to be impair the effect of the residue, your committee think they see just and benevolent. ^ enough evidence, which they deem incontrovertible, to satisfy The motive of the agent for such an obstinate opposition to the General Government on the question of the agent's longer the acquirement of territory by Georgia, within this year and the continuance in office, considered either as a question merely of last, is believed to be almost universally understood in this justice to him, or policy to the country. Whatever doubts may community. In the evidence the committee find traces of it in nave heretofore existed in the mind of the Executive, we trust the occasional insinuations, more or less distinct, of the confi- will shortly be dispelled. And that a clemency that has been dential associates of the agent. It is to be seen, they think, in \ over indulgent and mistaken in its extent, and which has in its the whole course of Walker's conduct while he was sub-agent; operation been Cruelty to the Indians, and that has operated as in that of Triplett's before he was sub-agent, as proved by the testimony of Brazeal, and since he has been in that office, as stated by twenty-four of the chiefs arid Indians and Newnan; in the violent declarations of Henry Crowell, who trades in the nation under license of his brother, the agent, as proved by Col. James Blair, and Harris Allen, Esq., as well as in the language held by Harpbly, the interpreter, to Col. Williamson. But as we have in this case the avowal of the agent himself, we should not advert to these acts or sayings of his subaltern's, but for this an unkindness next to insult to Georgia, will no longer be suf- fered to be thus abused. On the second branch of the reference, that which relates to the conduct of the agent, in respect to the death of General Mcintosh and others, your committee will premise the notoriety of the fact, that there had existed, for some years, a deep and rooted enmity between them. This state of feeling is indicated in the agent's letter to Hambly, of the 22d August, 1823. We find it asserted in a letter from Samuel Hawkins to the Go- vernor, that the agent advised the Indians to assemble, and burn purpose ; that if .a unity of purpose and concert in action be tween him and them should be here satisfactorily made out, he down the houses and destroy the property of Mcintosh, ought to be affected by their sayings and doings in instances Cox testifies, that on the 20th of April, the agent, iri speak here he has kept himself out of view; otherwise it is plain ing of the Indians, used the following worda:—"Damned cow that he ought not to be prejudiced by any thing that they may have said or done.. His own avowal, above alluded to, is found in.the disclosures of the commissioners in their recent examina-' tion. He had,' it seems, during the administration of the pre- ards; I always hated them ; I still hate them worse and worse. Any people that would suffer one man to sell their natiori, ought to die and go to hell. I once put that fellow (meaning Mcln- tosh) down where he ought to remain; but the Big Warrior ceding Governor, zealously bestirred himself, and had in fact and Little Prince reinstated him. I hope the Big Warrior is obtained the consent of the Indians to a cession of a part of their territory: He did not then labor under any of those "miscon- ceptions of his duty, which are so indulgently imputed to him in the letter from the late Secretary of War. But the executive administration of this £State having passed into hands that he did not approve, his maxims of office were suddenly changed. He instantly resolved to use the influence which his office gave now in hell for it, and that the Little Prince may soon follow him." Abraham Miles swears, that, on the 27th of April, the agent told him that Mcintosh would certainly be killed by the Indians opposed to the treaty; and on the 30th of that month he was murdered. We are informed in a letter of his wives', of the 3d of May, that the leaders in that transaction declared they were supported and encouraged in the murder by the him in preventing the present administration from being in any agent and the chiefs; and it appears by the affidavit of Francis way concerned in, or indeed, from being cotemporary with, so important a service. He " had prepared the Indians," he said, " to cede a part of their lands ;" he " had the, matter fixed," for a cession of the lands, it was understood, below the Federal Road, " distinctly intimating, however," (says Major Merriwe- ther, in which he is corroborated by Colonel.Campbell), " that as Troup had been elected Governor, he must .not expect sue- cess to attend any application which might be made to the. In- dians, while he (Troup) was in office." Anticipating probably that repeated failures would so effect a change in the politics of the State, and bring into the executive chair at the next election, a man of his own choice, he intended doubtless in that event to be- more propitious. Accordingly we find it intimated to the chiefs who were sent away from the treaty at Broken Ar- row, that they were to meet there again in a few months. And Flournoy, that one of those wives gave him the same account on the morning of the murder. Another of the party told Flournoy that the chiefs were sincere when they sent their peaceful answer to the Governor, (by Colonel Lamar,) but that the agent had altered it, and told the council that the only way to get the land back and keep it, was to kill all that had been concerned in selling it. In giving their reasons for the act to Hawkins' widow, she says they included the name of Walker, the -former sub-agent, as also having given them this advice. Kennedy testifies, that rather a dark complexioned man, whom they called Col. Crowell, in speaking of the In- dians on the Sunday before, (the 28th May,) said, " Damn them, I wish more of them had been killed, for the balance would have been more easily managed." This witness has since seen the agent, and has since told some of the members of RESOLUTIONS.—1825. 53 the committee, that he is now satisfied as to the identity of his person. These are imposing facts; but your committee would again remark, that the evidence being ex parte, should be re- ceived with much allowance. On the whole, your committee does not see in the evidence sufficient proof to justify them in presuming that the agent ordered, contrived, or instigated the murder of General Mcintosh; but until the contrary shall be made appear, they must fully believe that he knew of the ap- proaching event, and could have prevented it: and hence, as well from the general tenor of the testimony, they are com- pelled to infer that it had his approbation. The Indians probably derived encouragement and confidence from their belief of the agent's approbation, which they would naturally infer from his silence and inactivity. It is believed, that if the agent had been removed from office last January, General Mcintosh would have now been in life. Before dismissing the subject, it is proper to notice an in- sinuation of the agent (for he does not positively assert it) to the Department of War, that the intended survey of the lately acquired territory was the immediate cause of the late troubles in the nation, and of the death of General Mcintosh and his friends. The committee hardly need to advert to the testimony of Miles and Flournoy, to prove the contrary. All the evi- dence connected with the subject, within the recollection of the committee, and even on certificate of certain Indians lately published for another purpose by the agent, concur* to disprove this charge. We submit the import of the whole to be, that it was said by the hostiles, and, we believe, by the agent himself, that the chiefs were killed in pursuance of a law, which they pretended was made at the Polecat Springs, and which they resolved to put in execution on hearing of the rati- fication of the treaty. The total effect that should be allowed to all the evidence must, and will, of course, be estimated variously. But, with- out going beyond what is found on the files of the War De- partment, in the agent's own acts, in the official correspond- ence, and in his own distinct avowals, your committee feel assured of the conclusions that are embodied in the following resolution, and which they therefore recommend to the consi- deration of the House. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby resolved as the sense of the same, That the present agent of Indian affairs for the Creek nation has heretofore, at least since the fall of 1823, been regardless alike of his duties to the general government and of the well being of the Indians under his charge. That the very considerable power in his hands of affecting the interest of this State has been prostituted to purposes unworthy in themselves and foreign from the object of his appointment. That in the opinion of this Legislature, objects of private interest, and purposes arising in the strife of State politics, have mainly influenced and governed his conduct, and that he has hence been either the advocate or the oppo- nent of the rights of this State, as those rights have happened from time to time, to coincide with, or stand opposed to, the private advantage of him or his friends and his political predi- lections; to which, in the opinion of this Legislature, he has long been, and now is, willing to sacrifice the interests of the general government and the happiness and safety of the Creek Indians. That his continuance in office has hitherto been, and hereafter will be greatly to the injury of this State, and that the confidence of a large part of the Creek nation is now so irrevo- cably alienated from him that it would hereafter be imposible for him to administer and superintend their affairs to their advantage and comfort, even if he was disposed so to do. And that this Legislature do request of the President of the United States to remove the said agent from office. And to the end that all due and proper proof of his delinquency be made : Be it further resolved, That his excellency the Governor do appoint two or more fit and proper persons to collect and receive evidence therein, and that such persons when so appointed by his excellency the Governor, shall be invested with all the power of sending for persons and papers, and of examining witnesses, that is vested in either or both houses of this Legislature. And be it further resolved, That his excellency the Governor be, and he is hereby requested to transmit to the President of the United States a copy of this report, resolution, and the accompanying documents, or such'parts thereof as are not now in possession of the President. Approved, June 11th, 1825. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1825. [No. 344.] In the House of Representatives, June 6th, 1825. Resolved, That his excellency the Governor be, and he is hereby authorized and requested to take forthwith efficient measures to protect the Georgia frontier sgainst the depreda- tions or encroachments of the Creek Indians by calling out a sufficient military force for that purpose, if found necessary. Approved, June 8th, 1825. [No. 345.] In the House of Representatives, June 6th, 1825. The Committee to whom was referred the report of two of the commissioners of the Ockmulgee Navigation Company, have had the same under consideration, and are of opinion that from the want of testimony they are not enabled to make satisfactory inquiry into the conduct of the commissioners, or any member thereof. Your committee, therefore, beg leave to recommend the following resolution, viz: Resolved, That the commissioners of the Ockmulgee Navi- gation Company do make a full and complete report to the next annual session of the Legislature of all their actings and doings, and particularly the situation of the river; their progress in clearing out the same; their disbursements of the public money; the expenses incident thereto ; what money in hand ; what due; and also if any fraud has been practiced by any ■individual as to the public money, by whom, in what way, and to what extent. Approved, June 11th, 1825. [No. 346.] In the House of Representatives, June 2d, 1825. Resolved, That his excellency the Governor be authorized 54 RESOLUTIONS.—1825. to purchase for the use of the militia of this State six hundred copies of Scott's Military Discipline, or such other code of military tactics as may be deemed best suited to the militia system. * Approved, June 11th, 1825. • , [No. 347.] In the House of Representatives, June 6th, 1825. Whereas, it was a practice among the inhabitants of the Colony and Province of Georgia, to publish from timev to time authentic accounts of their condition : ,, And whereas, it would be highly expedient to revive a custom which would result in benefits, not to present residents of the State only, but even perhaps to their remote posterity: there- fore, Resolved, That the Justices of the Inferior Courts be, and they are hereby requested to furnish his excellency the Gov- ernor for the use of the citizen appointed to collate the histo- xical documents, on or before the first Monday in November next, with information generally respecting their several coun- ties, and particularly as to the following points : 1. The soil, together with the nature, quality, and quantity of its produce. - ,.x 2. Trade and manufactures. 3. Natural history, in a comprehensive sense. 4. Natural and artificial curiosities. 5. Internal improvements from one period of time to another. 6. Peculiat settlements, their origin and subsequent history. 7. Academies and other schools, together with the state of learning generally. 1 8. Various sects of religion, removed or existing. r 9. Manners,'habits, and amusements of the people. Resolved, also, That the Justices aforesaid be, and they are hereby requested to associate with them, in their respective counties, such distinguished citizens as they may deem proper. Approved, June 18th, 1825. [No. 348.] In the House of Representatives, May 28th, 1825. Resolved, That the Treasurer of this State be required to receive Darien money in payment of all debts due the public, and in fulfilment of all contracts to which the State may be a party; and that in disbursements there be paid out an equal proportion of Darien money and other current bills. Approved, May 31st, 1825. 1 [No. 349.] In the Hquse of Representatives, June 8th, 1825. Resolved, That our thanks be tendered to his excellency the Governor and the United States' Commissioners Colonel D. G. Campbell and Major J. Merriwether, for the firmness, perseve- ranee, zeal, and patriotism, which they have displayed in pro- curing a cession of territory so favorable to the interest of Georgia. Our thanks are also tendered to his excellency the Governor for his active and patriotic efforts in expediting the settlement of said territory. Resolved further, That, copies of this resolution be transmitted to Messrs. Campbell and Merriwether. / . JOHN ABERCROMBIE, Speaker. In Senate, June 8th, 1825. Read and concurred in. ALLEN B. POWELL, President. [No. 350.] ., In the House of Representatives, June 6th, 1825. The Committee of Finance, to whom has been referred the petition of William Triplett, Comptroller General, make the following report: j After carefully examining the additional duties enjoined on him by a resolution of the last General Assembly requiring a final adjustment of tax collectors' accounts from the year eigh- teen hundred up to that time, believe him entitled to adequate compensation; therefore offer the following resolution: Resolved, That the sum of five hundred dollars, be, and is hereby appropriated and set apart for that purpose and paid to the Comptroller out of any moneys now in the treasury unappro- priated. Approved, June 11th, 1825. [No. 351.] In the House of Representatives, • . , June 7th, 1825. Whereas, it appears by the examination of the report of the person appointed by the late .Executive to make a numerical book of the drawing of the land lottery of eighteen hundred and twenty, that there are a number of cases where two persons appear to have drawn the same lot; and it being probable, from the same report, that one of said persons drew a different lot, reported to be blank, and afterwards improperly disposed of by the lottery of eighteen hundred and twenty-one; and it further appearing that all such cases were intended to be provided for by the resolution of the eleventh of May, eighteen hundred and twenty-one : For remedy whereof, Be it resolved, That his excellency the Governor appoint some fit person to examine into all such cases and report the same, in order that all such drawers may have a chance in the approaching land lottery who may thus have been deprived of the lots to which they were justly entitled. Approved, June 11th, 1825. " [No. 352.] In the House of Representatives, June 10th, 1825. Resolved, That five hundred copies of the report, and the evi- dence on which it is founded, be published for the use of the members of the General Assembly; and that the same be dis- tributed among them in proportion to the representation from the different counties. . And he it further resolved, That his excellency the Governor be requested to furnish the special agent of the general govern-, ment with a copy of said report, together with authenticated authorities of the various documents and testimony accompany- ing the same, Jo be laid before his government. Approved, June 11th, 1825. [No. 353.] In the House of Representatives, June llth, 1825. Resolved, That the joint Committee on Printing cause to be forwarded by mail to, each member of the Legislature four copies of the documents ordered to be printed for the use of the Legislature, which may not be delivered before the adjourn- ment of this session; and the Governor is hereby requested to pay the expense of transmission out of the contingent fund. ' Approved, June 11th, 1825. [No. 354.], In the House of Representatives, June 8th, 1825. Resolved, hy the Senate and House of Representatives of the State of Georgia, in General Assembly met, That his excellency the Governor be requested to employ some suitable person to examine a rout for a canal and road, or either, to connect the waters of the Gulf of Mexico and the waters of the Atlantic, and to report on the practicability of the same to the next session of the Legislature, the advantages and probable ex- pense. Approved, June llth, 1825. RESOLUTIONS.—1825. 55 [No. 355.] In the House of Representatives, June 8th, 1825. Whereas, from the petition of Mansel Smith and Nancy Smith, widow of the late Thomas Smith, it appears that Mansel Smith became security for Thomas Smith, to answer in the Superior Court of Walton county to a charge of perjury: and it appearing from the documents accompanying the petition, that the said Thomas Smith departed this life before the deci- sion of said case, so that his appearance at court was rendered impracticable, notwithstanding which the court ordered ajudg- ment to be entered up against the survivor Mansel Smith, who is now likely to be distressed by the levying of an execution on his property: to prevent so great an injustice, it is hereby Resolved, That his excellency the Governor be, and he is hereby directed to cause full satisfaction to be entered on the judgment or execution aforesaid, so that the said Mansel Smith may be entirely relieved from the penalty arising from said judgment. Approved, June 11th, 1825. [No. 356.] In the House of Representatives, June 11th, 1825. Whereas, it appears that Elihu Atwater became security to William Scott, tax collector of the county of Camden, for the collection and payment to the State of the taxes for said county, for the years 1808, 1809, 1810, 1812; and further, that he became also bound for the collection of the taxes for 1813 and 1814 : And whereas, it further appears, that the said Elihu did cause to be paid to the sheriff the sum of $1,109.92, which has been placed to his credit on the executions of the years 1808, 1809, 1810, 1812, issued against said collector and his said security, which draw no interest, instead of the executions of 1813 and 1814, which draw interest, in consequence of which said Elihu is left liable to pay interest for an amount not other- wise drawing interest; and it being desirable that persons pay- ing the State money on security should not be denied the most favorable terms allowed by law: Be it resolved, That the Comptroller General do place the amount paid the State as aforesaid by Elihu Atwater to his credit on executions bearing interest: And be it further resolved, That the said Elihu Atwater be allowed by the Comptroller General an extension of the time of said executions to the first day of January, 1827, on his giving such additional security as may appear necessary to the Comp- troller General, and on his placing all the amount now due on interest from this date. Approved, June 11, 1825. [No. 357.] Resolved, That the Treasurer who may be hereafter elected shall give bond to his excellency the Governor, with good and sufficient security, in the penalty of two hundred thousand dollars for the faithful performance of the duties of his office. Approved, November 24th, 1825. [No. 358.] In Senate, November 23d, 1825. Resolved, That his excellency the Governor be authorized, and he is hereby requested to procure and have placed in the cupola of the State House a clock of good quality, and that he pay for the same out of the contingent fund. Approved, December 1st, 1825. [No. 359.] In the Senate, November 23d, 1825. Resolved, That as a testimony of respect to the memory of James Spalding, Esquire, late a member of the House of Representatives from the county of Mcintosh, his excellency the Governor be, and he is hereby authorized, and requested to have his grave inclosed in a decent manner, and that he pay for the same out of the contingent fund. Approved, December 1st, 1825. [No. 360.] In Senate, November 24th, 1825. The select Committee to whom was referred the memorial of William Y. Hausell, have had the same under their consi- deration, and from an examination of the papers and a refer- ence to the report of a committee appointed to examine into the situation of the papers of the office of Secretary to the Senate, beg leave to offer the following resolution : Resolved, That William Y. Hausell, late Secretary of the Senate, be allowed the sum of five hundred dollars for his services in culling and arranging the papers of the Secretary's office, agreeable to his appointment last session, and that the same be placed in the appropriation bill. Approved, December 7th, 1825. [No. 361.] In Senate, November SOth, 1825. The select Committee to whom was referred the petition of Benjamin Wooten, late tax collector of the county of Wilkes, have had the same under their consideration, and are of opinion that the prayer of the petitioner is reasonable and ought to be granted. They therefore recommend the adoption of the following resolution: Resolved, That the sum of thirty dollars eighty-two and one half cents be allowed the said Benjamin Wooten, late tax collector of the county of Wilkes, for the year eighteen hundred and twenty-three; it being the amount improperly charged in the tax of William Dearing for said year, and received into the treasury of this State, and that the same be placed in the appropriation law. Approved, December 7th, 1825. [No. 362.] In Senate, November 30th, 1825. The joint Committee on Agriculture and Internal Improve- ment to whom was referred by the Senate the subject of cut- ting a canal from the Altamaha to the Turtle river, report: That they have had the same under consideration, and believe it to be a subject worthy the attention of the Legislature ; but inasmuch as there is now a bill before the House for the esta- blishment of a board of public works, they recommend the subject to the early attention of that board, when esta- blished: Provided, the necessity of the same should not be superseded by the canal proposed to be cut by the Mexican Atlantic Company. [No. 363.] In Senate, December 3d, 1825. Resolved, That his excellency the Governor be, and he is hereby requested to instruct-the sheriffs of the counties of Ha- bersham and Rabun to have sold all fractional parts of surveys or square lots which have not been sold agreeable to the provi- sions of an act passed on the twentieth December, eighteen hundred and twenty-three, authorizing the sheriffs of the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, to sell and dispose of the fractional parts of surveys, or parts of forfeited lots, after giving at least forty days' notice in the Georgia Jour- nal, and advertisements at the court house, of the counties in which such fractional lots or forfeited lots shall lie, and parti- cularly in such public notices to designate the districts, the number, and the number of acres in each fractional lot or for- feited lots. And be it further resolved, That the purchaser shall have the same indulgence as is pointed out by the aforesaid act, and the said sheriffs shall be entitled to receive the same per cent, in the amount of sales, for their services, and make their report to the treasurer agreeable to the provisions of said act. And be it further resolved, That it shall be the duty of the Surveyor General to examine the books of the respective offices of the land lotteries, and ascertain the numbers of the fractions or lots thus unsold, and transmit the same to his excel- lency the Governor, who shall forward the same agreeable to the foregoing resolution. Approved, December 20th, 1S25. 56 RESOLUTIONS.—1825. [Ncs 364.] ' Ifo Senate, December 7th, 182^. And be it further resolved, That the county of Tatnall is The Committee on Agriculture and Internal Improvement, to hereby declared to be entitled to her full share of the funds whom was referred the subject of opening and improving a road heretofore set apart for the use of county academies, leading from Savannah to Macon, have had the same under Approved, December 17th, 1825. their consideration, and are of opinion that it is a subject worthy the attention of the Legislature, and therefore recommend the [No. 367.] In Senate, December \Ath, 1825. adoption of the following resolution: » Resolved, That his excellency jthe Governor, be, and he is Resolved, by the General Assembly of the State of Georgia, hereby requested to purchase (if there should not be any on That Robert W. Pooler of the county of Chatham, Clement hand) a sufficient number of Georgia Justices for the use of the Power of the county of Effingham, William Slater of the following counties, viz.: for the county of Pike eight, for the county of Bulloch, Joseph Collins of the county of Tatnall, county of Upson eight, for the county of Early six, for the John Chason of the county of Emanuel, Lewis Mattox of the . county of Baker six, for the county of Lowndes four, for the county of Laurens, Henry Solomon of the county of Twiggs, county of Thomas four, for the county of Dooly four, for the and Robert Coleman, of the county of Bibb, be, and they are county of Ware four, and for the county of Washington two, hereby appointed commissioners to examine the roads leading making in the whole forty-six, and to forward the same with the from Jencks' bridge, on the Ogechee river, to the town of Ma- Laws and Journals of the present session, to the different coun- con, in Bibb county; (and should they deem it necessary) they, ties, and that he pay for the same out of the contingent fund, are. hereby authorized to lay out a new road on the nearest And whereas, by a late reorganization of the county of Hall, practicable route between the said places, which, when so laid there has been four districts organized in addition to the former out, shall be a public road, and shall be worked on and improved number: . by the hands liable to work on roads in the different counties Be it therefore resolvedThat his excellency the Governor be throughout which it passes, in* the same manner as other public requested to forward to the Inferior Court of Hall county, a like roads are, and the public Oconee hands shall work on the said number of Scott's Military Discipline—of the compilation of the road under the direction of said Commissioners, or such person laws of the State,'and of Prince's Digest, and that the same be as they may appoint, during such part of the months as they conveyed at the same time and by the same means that maybe cannot be employed in improving the navigation of said river provided for the conveyance of the Laws and Journals of the Oconee: Provided, that all expenses' attending the laying present session to said county. , out and improving said road shall be defrayed by the counties Approved, December 22d, 1825. through which it passes; and in case of vacancy of any of said commissioners, by refusal to serve, or otherwise, their [No. 368.] In Senate, December 14th, 1825. places shall be filled by the Justices of the Inferior Court of the Resolved, That the Comptroller General proceed forthwith to county in which such commissioner resided ; and any three of 1 have collected all amounts due the State by bond or otherwise, said commissioners shall be sufficient to discharge the duties except in cases where indulgence has been granted, and that he hereby required, provided, a greater number will not attend, be further instructed to have re-established all notes, bonds, x Approved, December 17th, 1825. * mortgages, executions, and other demands due the State which' ■ , — have been lost or destroyed after having passed into the hands [No. 365.] In Senate, December 7th, 1825. of the several attorneys or Solicitor General of this State, and The Committee to whom was referred the report of the per- that he report fully upon the same to the next session of the sons appointed by his excellency the Governor to examine the Legislature. ~ ^ Alapaha road, have had the same under consideration, and ' Approved, December 22d, 1825. report: _ That from every information in their possession, your com-' [No. 369.] In Senate, December 16^, 1825. mittee are of opinion that the road leading from the Alapaha to« Resolved, That the Secretary of 'the Senate be, and he is the Florida line, has been .as-well constructed and as faithfully hereby authorized to employ one additional engrossing clerk in executed as its locality and other obstructions warranted, and ' his office during the remainder of the present session, whose that the moneys deposited in the hands of the commissioners has pay shall be the same as other clerks in said office, atid provided been economically and judiciously expended. for in the appropriation law of the present session. Approved, December 17th, 1825. , 1 1 • Approved, December 22d, 1825. ( [No. 366.] In Senate, December 10th, 1825. Whereas, it'appears by the report of the committee on public education and free schools, that the county of Tatnall stands charged with having purchased at the sales, of confiscated pro- perty in eighteen hundred and ten, in conjunction with other counties, by which purchase the county of Tatnall is represented to have received the sum of five hundred and four dollars, seventy and a half cents for the benefit of said county academy: and whereas it appears by the affidavit of Daniel Brinson, Esq. former representative from the county of Tatnall, and the letter of Col. Hugh Montgomery, which are herewith submitted, that the charge against said county is incorrect, and that the con- fiscated property sold in eighteen hundred and ten, was for the benefit of the counties of Efoert, Clark, Jackson, Morgan, Put- nam, Jasper, Scriven, Laurens, Bulloch, and Montgomery, and, that the county of Tatnall was not interested in said purchase of confiscated land in the year eighteen hundred and ten : Be it therefore resolved, That the Treasurer is hereby author- ized and required to correct the charge against the county of Tatnall for the amount of five hundred and four dollars seventy and a half cents, charged to the said county on account of sales of confiscated property in the year eighteen hundred and ten.. [No. 370,] In Senate, December 16th, 1825. • Whereas, there are certain African negroes, and the proceeds of other Africans heretofore sold in the possession of the State: and whereas the said Africans and proceeds are claimed by the State, Juan Madrazo, and William Bowen: and whereas also, the respective claims as aforesaid are now pending before the Supreme Court of the United States for final trial, but that it is thought to be expedient that the claims of the State should be withdrawn upon certain conditions: On the petition of William Bowen, Be it resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That it may be lawful for his excellency the Governor, and he is hereby authorized ' and requested to deliver and pay over to the said William . Bowen all the African negroes now in the custody or control of the State, and the amount of money which may be on hand unex- pended, as proceeds of Africans heretofore sold by the State,, on the condition that the said William Bowen shall produce and file in the executive office of this State, a full and complete re- linquishment, to be made by Juan Madrazo, his lawful agent or attorney, of all claim or lien whatever on the State of Georgia, for or on account of any interference, detention, possession, or RESOLUTIONS.—! 825. 57' otherwise, of said State in relation to said Africans and proceeds, clerks of the Inferior Courts in the different counties in this State and that William Bowen do at the same time file a like relin- to notify the Comptroller General in writing the names of all quishment on his part: Provided nevertheless, that the said peddlers or itinerant traders passing through their respective William Bowen and Juan Madrazo pay to Henry Darnell, in counties. .satisfaction for services rendered in taking care of said Africans, Approved, December 22d, 1825. the sum of two hundred and fifty dollars, or execute to him a sufficient conveyance for a negro woman and two children, a [No. 373.] portion of said Africans now in possession of said Darnell. The joint Committee on the Penitentiary have performed the Resolved further, That in the event of the aforesaid relinquish, duty assigned them, and beg leave to report: ment being made, the Governor is requested to cause the claim That they find that the different tradesmen in the several de- of the State of Georgia to said Africans, and proceeds to be dis- partments of the penitentiary have performed their work in the missed and discontinued. best manner, and that the raw materials with which they are Approved, December 22d, 1825. supplied are of a good description, and laid in on good terms. It is likewise perceived that the erection of additional work [No. 371.] In Senate, December V7th, 1825. shops under the direction of the principal keeper, will hereaf- The Select Committee to whom the petition of George R. ter facilitate the operations of the institution, and will conse- Clayton was referred, beg leave to report: That upon an exa- quently advance with good workmen and timely supplies of raw mination of the act to carry into effect the sixth section of the • materials, its financial prosperity. The state of the main build- fourth article of the constitution, passed the twentieth Decern- ing, the hospital, the guard house, and domiciliary of the con- ber, eighteen hundred and twenty-three, they find that no per- victs, evince a due degree of care and attention ; but the cells son elected to office after that date should be qualified until he for the solitary confinement of the prisoners are still in a ruin- had produced to the Justices of the Inferior Court authorized to ous and dilapidated state, and can (from the locality) only be administer to him the oath of office, the certificate of the Trea- restored to permanent usefulness by repairing them with stone surer, countersigned by the Comptroller General, certifying and iron. that he had accounted for and paid into the treasury all sums The books of the Institution, from the examination which has for which he was accountable and liable, which certificate was taken place, appear to have been kept with neatness and cor- in every instance to accompany the dedimus protestatum issued rectness, and no remissness has been discovered in the assist- by the Governor for the qualification of officers—that these cer- ant keepers and clerks in the discharge of their duties, tificates were very properly required by the Governor from the In looking attentively at the account current, which was ren- Treasurer, and accompanied all writs of dedimus protestatum, dered by the principal keeper, of the operations of the institution whereby the Treasurer was deprived of the opportunity of col- for the political year just elapsed, your committee have con- lecting the perquisites allowed him by the act of seventeen hun- eluded to offer the following suggestions, under the belief that dred and ninety-two, which authorizes him to charge and re. they will meet with proper attention : ceive two shillings and four pence for each extract certified by - 1st. That the annual account currents of the institution have him for individuals. not heretofore been made out in that clear and perspicuous man- The committee, believing therefore that the claim of the peti- ner as to be comprehended by every capacity : tioneris founded in justice, beg leave to recommend the adop- 2d. That hereafter the accounts rendered should be madev tion of the following resolution : out in such a manner as to conclude on the debit side the dis- Resolved, That his excellency the Governor be, and he is here- bursements of the funds of the institution for clothing of guards by authorized, upon ascertaining the number of certificates, is- and convicts, erecting buildings, conveying prisoners, and all sued by George R. Clayton, late Treasurer, under and by vir- other incidental charges of a similar nature : tue of the act above recited, to pay him fifty cents for each cer- 3d. That on the credit side the debts due the institution, the tificate so issued out of the contingent fund, and the Comptroller raw materials and manufactured articles, the cash on hand and General shall be entitled to the like pay for each certificate so other property belonging to the place, should alone be included, signed or countersigned by him. By these means, and by bringing into view the profit or loss Approved, December 22d, 1825. of a preceding year, the profit or loss of the institution for the time being will be clearly seen and understood by every person. [No. 372.] In Senate, December 19th, 1825. As the principal keeper, in his expose, has adverted to the Whereas, it appears that the act, entitled An act, passed on the affairs of the institution for the years eighteen hundred and ninth December, eighteen hundred and twenty-four, to alter and twenty-three, twenty-four, and twenty-five, to show their rela- amend an act to impose an additional tax on peddlers and itine- tive situation, your committee feel it a duty they owe them- rant traders, passed the ninth December, eighteen hundred and selves; the Legislature, and the community at large, to take a nineteen, has been generally evaded by peddlers and itinerant similar but more extended review of the same. In the year traders, and no tax has been paid to the State by a large por- eighteen hundred and twenty-three, the sum due the institution, tion of those persons, from a want of information on the part of in notes and open accounts, amounted to twelve thousand eight the Comptroller General: hundred and ninety-nine dollars fifty-four cents; and in stock Be it therefore resolved,That it shall be the duty of the Comp- on hand, in raw materials, and manufactured articles, amounted troller General to publish quarterly in one of the public gazettes to seven thousand eight hundred and thirty dollars forty-six and of Milledgeville, Augusta, Savannah, Darien, and Athens, the one half cents; making in the whole twenty thousand seven names of all peddlers and itinerant traders who have taken out hundred and twenty dollars and three-fourth cents. In the a license from him for that purpose. year eighteen hundred and twenty-four, there was due the in- And be it further resolved, That it shall be the duty of all ci- stitution, in notes and open accounts, seventeen thousand three vil officers in the different counties in this State to demand of hundred and seventy-one dollars seventy and one fourth cents; all peddlers and inlinerant traders, whether they have obtained and the stock on hand, in raw materials and manufactured arti- a license from the Comptroller, in conformity to the provisions cles amounted to eight thousand eight hundred and seventy-five of the before recited act, and if such peddler or itinerant trader dollars and fifty-one and three fourth cents ; making in the shall refuse to produce such license upon such demand, such whole twenty-five thousand six hundred and forty-six dollars peddler and itinerant trader shall be arrested by such officer, and twenty-seven cents ; which was an accession to the institution' immediately taken before a Justice of the Inferior Court, or jus- that year of four thousand nine hundred and twenty-six dol- tice of the peace, to be dealt with as the law directs for a vio- lars twenty-six cents above the preceding year. In the year lation of the law aforesaid. And it shall be the duty of the eighteen hundred and twenty-five, there was due the institu- 5S RESOLUTIONS.—1825. tion, in notes and open accounts, twenty-two thousand and five neral government, upon the subject of carrying the late treaty ■ dollars sixty-seven and three fourth cents; and the stock on into effect: hand, in raw materials and manufactured articles, amounted to 7th. A resolution of, the same body, requiring your commit, twenty-eight thousand one hundred and forty-two dollars eighty- tee to inquire and report concerning the removal from office of four and one half cents; which was an accession to the fund the agent of the Creek nation. * of the institution, for eighteen hundred and twenty-five, of two In examination of the various topics as above enumerated, thousand four hundred and ninety-six dollars fifty-one and one your committee do not consider it material that they should fourth cents above the preceding year, instead of six thousand pursue them in the order which they have assumed, or that a one hundred and one dollars which would have been, had the separate and detailed investigation should be applied to each; increase of the capital been in the same ratio as it was in the as many of them as seem to your committee to require an ex- year eighteen hundred and twenty-four. pression of legislative opinion, and which can be compressed By referring to the expose of the years eighteen hundred in one view, will be so treated, and presented as briefly and per- and twenty-four and twenty-five, and other official documents, spicuously as practicable. Of this character are various por- it appears that the institution, in the former year, has done bet- tions of the message of his excellency the Governor upon the ter business for the State, than in the latter year, to the amount subject of the treaty, the evidence taken against the agent for of two thousand seven hundred dollars and upwards ; and that the Creeks, and the two resolutions of the Senate directing the demand upon the penitentiary fund in the treasury, has particular inquiries. been somewhat less in the former year than in the latter. The* Your dommittee discover that from the proceedings which contemplated reduction of the guard, mentioned by the princi- have been had, many of them delicate, and the whole impor- pal keeper, and consequent retrenchment of expenses, (if prac- tant, that the treaty lately negotiated by the United States for ticable,) is certainly very desirable: but as this question can the procurement of territory for the use of Georgia, has been, only be settled by experience, and' by persons acquainted with placed in a situation novel and peculiar. So much evidence upon a guard duty and the localities of the penitentiary edifice, your this subject has been disclosed, and the transaction so fully and committee forbear to express any opinion upon the subject, so variously developed, that few, if any of the citizens of Geor- The additional expense of bridging more convicts to the prison gia, remain at this day unapprised of the difficulties which have in eighteen hundred and twenty-five than iri eighteen hundred been opposed to the consummation of our rights, upon the sub-* and twenty-four, and discharging more, from an estimate that ject of territory. These rights are too extensive, and too im- has been made, cannot exceed four hundred^dollars. For these mediately, connected with the present and future interest of objects, capable assistant keepers, good workmen, and a plen- Georgia, fo allow for a moment the existence of indifference of tiful and constant supply of good materials, are the chief causes feeling or the neutrality of sentiment. It may well be regarded which create a capability in the institution to do a good busi- as a misfortune that these rights require to be sought through a ness in any year; and if any of these requisites are and have double contest with the government' of ,the United States and been wanting, it will be felt in the year just commencing. . two of the most powerful Indian tribes. Such contest becomes The inspectors of the penitentiary have stated in their re- embarrassing and of doubtful issue, in proportion to the number port, that the institution possesses, in a great degree, a capa- of parties engaged, the different policy adopted, and the num- bility of doing a better business the ensuing year than at any ber of interests involved. When the compact of eighteen hun- former period. Your committee, however, from their, own ob- dred and two was entered into between Georgia and the gene- seryations, and from conversations held with competent judges, ral government, it was well hoped that the arrangement would are impressed with a different belief. have speedily resulted, as was the intent, in the complete fulfilment Approved, December 22d, 1825. of the wishes of Georgia. But notwithstanding the great consi- deration paid by Georgia for the compact, the beneficial manner [No. 374.] , In Senate, December 21s/, 1825. in which it has operated to the United States, and the increasing Mr. Wooten, from the Committee on the state of the Re- obligations1 imposed thereby, your committee regret to have public, obtained leave to make the following report : observed the lapse of upwards of twentyLthree years; and that The Committee on the state of the Republic, in the several our march has" been so slow, and beset by so many opposing matters referred to their consideration, and in the documents, difficulties. It was to have been expected that difficulties would which accompany them, find that their attention is mainly di- increase with delay; and on this account the delay which has . rected to our relations with the Indian tribes, who are in the occurred is the more to be regretted: when, in 1823-4, so temporary occupancy of our territory, and to topics connected prompt and liberal an appropriation was made to defray the ex- with, and arising out of, those relations. Upcin an examination pense of a treaty with the Creaks, expectations were extensively of the references, your committee find them to consist, indulged, that as relating to that tribe, the question would be 1st. Of portions of the message of his excellency the Go- put to rest. Commissioners were selected from our own citizens; vernor: ' / '* ' " ~ 2d. Of various documents of testimony procured by com- missioners in support of a prosecution, instituted, at the in- stance of the Executive, against the agent of the Creek na- tion of Indians : 3d. Of the correspondence between the Executive of Georgia and a special agent of the general government, com- missioned for the purpose of receiving and reporting evidence in the trial of the Indian agent: 4th. Of the correspondence between the Executive of Georgia and another special agent of the general government, commissioned to inquire into the causes and suppress the dis- turbances of the Creek nation, as connected, with the late treaty: . 5th. Of a correspondence between the Executive of Georgia and the government of the Union, in connection with the seve- ral topics above referred to : / 6th'. A resolution of Senate, directing your committee to in- quire into the expediency of addressing a memorial to the ge- they were instructed to consult the wishes ot Georgia m any cession applied for ': a new policy was disclosed and earnestly recommended by the administration of the general government, so benevolent and so beneficial to the Indians, that its rejection appeared impossible. All preparatory arrangements seemed to be well devised—a meeting is had, which results unfavorably —the general government gives to the commissioners fresh in- structions, and imparts new energies to the negotiation—a treaty is obtained under the usual formalities, and passes to ratification under the most solemn forms, and against the protest and exer- tions of its chief opposer. The treaty, before and after its negotiation, was acquiesced in universally by the nation; and your committee doubt not would have gone into uninterrupted execution, but for unwarrantable, illicit interference. A treaty thus negotiated, thus ratified, and thus acquiesced in, and your committee would add, so beneficial to all parties concerned, and bearing on its face such conclusive evidence of fairness, your committee cannot but regard as operating the vestment of RESOLUTIONS.—1825. m rights in the State of Georgia, which can no otherwise be di- vested than by her act or consent. Your committee are the more confirmed in their conclusion, from the evidence which they have invoked from the usage of Indian negotiations. Having long occupied the position of a frontier State, and as long been interested in the extinguishment of Indian titles, there are few Georgians who at this day are ignorant of the customs of the neighboring tribes, and of the facility with which they are made the dupes of wily and perfidi- ous white men. There are amongst them many of this descrip- tion, a few degrees removed from barbarity, to be sure, but in the retrograde order, having left a name whence they secretly emigrated, easy to be found and read in the criminal record. These are willing instruments in the hands of pretenders to better and higher grade; and in these are concentrated the con- trolling influence of the mass of the nations. Their own interest is conserved in every effort which they make in resisting the policy of the government; and these efforts, and the manner of sustaining them, are independent of the suggestions of a moral sense. An act of treachery committed, an act of felony sue- ceeds to uphold it. Regarding this as but a just picture of the elements of the Creek nation, your committee express no sur- prise at any opposition by which attempts to acquire territory are met, or of any of the means resorted to for the purpose of defeating interests which are interruptive of their own. In the documents referred, your committee find evident traces of the existence of those feelings and these principles; and if they now were reporting to a tribunal which could extend relief, they should consider themselves as expressing a sentiment of bene- volence, by recommending that the untutored savage should be left untutored still, rather than be made to study the maxims of sinister wisdom under a regenerate master. YoUr commit- tee are sufficiently aware of the enlarged policy of benevolence by which the general government is disposed to characterize its intercourse with the Indian tribes. By questioning the manner of practicing the motive, they would not be considered as depre- ciating the motive itself. Your committee, then, will not with- hold the recommendation, that in furtherance of the interest of the Indians themselves, and in conformity with the rights of Georgia, that our Senators in Congress be instructed, and our Representatives requested, to use their exertions to have the Indians within our limits removed with the least possible delay : and that to thjs end they endeavor to procure the passage of a law, which shall treat these tribes as independents, as they in fact are, which shall point the way to their own preservation, and command them to pursue it. That is a doubtful benevo- lence which indulges its object in a violation or a caprice which tends to its own extermination. That benevolence is still more doubtful, which surrenders its objects to be the victims of mis- rule and profligacy. Your committee could not object that Georgia, as a member of the Union, should bear her part in the great scheme of redemption, which is extending to the race of heathens: but as this is the work of the nation, let it be per- formed on native soil, and not on that which has been indivi- dualized on Georgia by the solemn compact through which she derives her title. If there be any virtue in imparting civiliza- tion by mere proximity of settlement, Georgia is content with the opportunity that has been thus long afforded her, and will not insist on further monopoly : and she would have been the more gratified with the good she has done, if it had not been so poorly requited by the murderous aggressions of her savage neighbors. In no light in which our relations with the Indians and the general government can be viewed, can we perceive any justice in being longer kept out from the occupancy of our soil—out to our limits in every direction. We have paid for it many prices, and should have delivered to us that which is ours. As relating then to the matters referred, touching the late treaty, the manner in which it has been questioned, and its pre- sent standing, your committee recommend the following reso- lutions: Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That full reliance is and ought to be placed in the late treaty concluded between the United States, for the use of Georgia, and the Creek na- tion of Indians, at the Indian Springs. That the title of the territory obtained by said treaty, within the limits of Georgia, is considered as an absolute, vested interest, and that nothing short of the whole territory thus acquired, will be satisfactory ; and that the right of entry immediately, upon the expiration of the time limited in the treaty, be insisted on, and accordingly carried into effect. As respects the reference to your com- mittee, directing them to inquire into the expediency of re- questing the removal of the agent for Indian Affairs, your committee, considering the ample view taken of the subject at the extra session of the Legislature of the present year, by the report of the committee of the state of the republic, deem it unnecessary to say more on the subject, than to express their concurrence in the sentiments and wishes therein contained, and to repeat their opinion, as the representatives of the peo- pie of this State, that the interest of the State of Georgia, and the policy of the general government, require that Col. John Crowell, the present agent of Indian affairs, should be re- moved from office; and they do therefore request of the go- vernment of the United States his immediate removal. The/correspondence conducted by the Executive and the two agents of the general government, T. P. Andrews and General Gaines, and with the general government itself, is also made matter of reference to your committee, and remains to be noticed. Your committee would remark of the whole of this corre- spondence, that it contains much which need not be made mat- ter of specific report : such portions may well be left between the parties themselves and to public observation. There are certain other portions, however, disclosing facts which have already had their operation, and of evil tendency to the rights of Georgia. Of this nature, were the proceedings at Broken Arrow, in June last, where, and for the first time, we hear of the Indians complaining of the invalidity of the treaty—in the use of the borrowed words, that it was " tainted alike with intrigue and treachery." A report of the doubtful evidence thus acquired, when no one was present to defend the validity of the treaty, and when every art which cunning could design, or wickedness suggest, was put in exercise to defend the agent by attacking the treaty, and the means of its obtainment, seems to have formed the ground of the reference to Congress by the President. Your committee, therefore, selecting so much of said correspondence as furnishes the fact of the reference of the treaty to Congress, and the grounds upon which such re- ference was made, consider it within the scope of their duty to report, that such proceedings form the cause of just protest on the part of the State of Georgia. It is impossible, from the organization of the Creek nation, and the state of excitement which prevailed at the time, that the truth could have been ar- rived at by any ex parte proceeding, of such satisfactory and undisguised character, as to bring into question the rights of Georgia, as secured by the treaty. Against the proceeding then by which the facts purport to have been ascertained, and against the proceeding founded thereon, of referring the treaty for reconsideration, your committee consider it proper that Georgia should enter her most solemn protest. If there is to be a revision, it is due to the interests and rights of the State,. that she should be represented in the entire proceedings, as well preparatory as finalf Approved, December 23d, 1825. [No. 375.] In Senate, December 2\st, 1825. The joint Committee on Agriculture and Internal Improve- ment, to whom was referred the reports of the commissioners for the improvement of the navigation of Tugalo river, have had the same under their consideration, and on a mature ex- amination of the reports, find : That they have made use of their best endeavors to make 60 RESOLUTIONS.—1825. such improvements on the river, as the situation of the water and weather would admit of during the last summer. . And your committee find further, on examination of the re- ports of said commissioners, that there remains in their hands the sum of one thousand and nine dollars and twenty-eight cents unexpended. Your committee therefore recommend the adoption of the following resolution ,: Resolved, That the commissioners aforesaid be, and they are hereby directed to prosecute the > improvement of the river, as early as the stage of the water will permit in the course of the next summer or fall season, and complete the same in the best and most advantageous manner to promote the navigation of the same. And be it further resolved, That so soon as the work shall be completed, it shall be the duty of said commissioners to make a full statement of their proceedings as to the manner in which the work is* finished and the amount expended, and transmit a copy of the same to his excellency the Governor for the time being, who shall lay the same before the Legislature. And be it farther resolved, That his excellency the Governor be, and he is hereby requested to transmit a copy of the fore- going report, with the accompanying resolutions, to the board of commissioners of the Tugalo river. Approved, December 22d, 1825. [No. 376.] , In Senate, December ttd, 1825. The joint Committee on Finance, to whom was referred the memorial of James S. Frierson, have had the same under cod- sideration, and, after a strict examination, find the receipts to correspond with the memorial, and are reasonable, and ought to be granted. They therefore offer the following resolution : Resolved, That the sum of four hundred and thirty dollars be allowed James S. Frierson, for the several sums expended by him on the reserve at Fort Hawkins, out of the rents for the * year, agreeable to his memorial. . Approved, December 23d, 1825. RESOLUTIONS ' ' i \ . ■ ■ - . f WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1825. [No. 377.] . . In the House of Representatives, Monday, December 19th, 1825. Resolved, That the sum of eight hundred dollars be appropri- ated for the purpose of bridging the following creeks in Dooly county, to wit, Cedar creek, Swift creek, Jones' creek, Abram's creek, and Deep Mill creek, as most of the roads lead- ing' from Tallahassee and all that section of the country in Georgia stretching along the Florida line from Mickesopckie to Chattahoochee, and Up the Chattahoochee to Fort Gaines, unite; below these creeks, and most of the road ways leading to any section of the country above named from the upper or middle section of this State, between the Creek Agency and Augusta, do and will unite above these creeks, which, from these causes, they present during the rainy season, under their present cir- cumstances, are almost insuperable barriers to the free passage and communication between a large portion of the gooff citizens of this State, and prevents any thing like certainty in our mail routs between the section of country above named. And be it further resolved, That Reuben Maning, John Ri- chardson, Coleman Posey, and William Slade, be, and they are hereby appointed commissioners for said work, and it shall be the duty of said commissioners to proceed to the situation of sites for the bridges across said creeks, and immediately there- after it shall be tbeir duty to advertise at Hartford, at Dooly Court HouSe, at Decatur Court House, and at the place of do- ing public business in Thomas county, that they will receive sealed proposals from any persons or person wishing to under- take the building of said bridges at the post office at Coleman's, on Flint river, in Dooly county, for sixty days after such adver- tisement, in which they shall set forth that the bridges are to be built in a workmanlike manner, of durable materials, and above high water mark, and such other circumstances and stipula- tions as they may wish to make with the undertakers of the same. And be it further resolved, That the building of said bridges shall be given to the person or persons laying in the most mo¬ derate proposals, by his giving bond and security in double the amount of said contract to the Governor of the State for the contract so entered into with said commissioners, and on his or their filing the same in the executive office, the Governor is . hereby authorized to pay to said contractor the sum of three hundred dollars, and on his presenting a certificate from said commissioners, or a majority of them, that he has fulfilled said contract, the Governor is hereby authorized and required to pay over to said contractor the balance of said contract money, Pro- videdK it does not amount to more than the sum appropriated in this resolution. And be it further resolved, Thaf a majority of said commis- sioners shall be a quorum to perform any act authorized by this resolution, and that each of them, whilst performing the duties required, shall be entitled to receive one dollar per day for each day they are so engaged. Approved, December 22d, 1825. [No. 378.] In the House of Representatives, Monday, December 19th, 1825. The joint Committee on Agriculture and Internal Improve- ment, who were instructed by a resolution' of the House of Re- presentatives to inquire into the expediency of opening a road from the Locust Stake in Rabun county, to Clarksville in Ha- bersham county, thence across what is commonly called the Chattahoochee ridge till it intersects the Carnesville road near the Currahee mountain, report: That your committee have inquired concerning the matter of . reference with a view to satisfy themselves of the public and lo- cal advantages which would result from the contemplated work, and also its probable cost. Your committee deem that the en- terprise is worthy of a public appropriation of competent amount to effect its object. The Chattahoochee ridge is very formiffa- ble, and is a great obstacle in the way of western trade. The ridge at the contemplated point is more easy of improvement than at any other upon the barrier between Tennessee and Geor- RESOLUTIONS.—1825. ()J gui, aud such passage would greatly facilitate the transportation from that quarter. In a local point of view, such road would be a great convenience, but forms the least inducement to the performance of the work. In a public point of view a certain benefit would result, and to effect the object your committee re- commend the following resolution : Resolved, That the sum of two thousand dollars be and the same is hereby recommended to be appropriated for the purpose of opening a road from the Locust Stake in Rabun .county to Olarksville in Habersham, thence across what is called the Chattahoochee ridge, till it it intersects the Carnesville road near the Currahee mountain. And be it further resolved, That Absalom Holcombe, Joseph Whitehead, Soloman Taylor, James Blair, and Henry Cannon, be and they are hereby appointed commissioners, and it shall be their duty to render bond and good security to the Governor, said bond having first been taken and approved by the Inferior Court, or a majority of them, of Habersham county, in double the sum'ap- propriated, conditioned for the faithful application of said fund to the opening of said road, whereupon the said fund shall be delivered to said commissioners; and that it shall be their duty as soon as practicable, to employ laborers upon the best possible terms, and to make a strict and economical disburse- ment of said fund for the purposes aforesaid, and shall make full report of their proceedings, setting forth the amount ex- pended, and the extent and quality of the road opened, to the next Legislature. Approved, December 22d, 1825. [No. 379.] In the House of Representatives, Monday, December 19th, 1825. Resolved, That James W. Alexander and Nevan McBride be, and they are hereby appointed commissioners of the Early county academy, in addition to those already appointed. Approved, December 23d, 1825. [No. 380.] In the House of Representatives, Monday, December 19th, 1825. Resolved, That the Inferior Court of Monroe county be, and they are hereby authorized and requested, after giving twenty days notice in the public gazettes of Milledgeville, to rent for one year to the highest bidder, the reservations lately acquired by treaty, and now in the occupancy of Joel Bailey and HughW. Ector, denominated Mcintosh's reserve, at the Indian Springs, and on the Ockmulgee ; that said Inferior Court take bond and good security for the rent, and also bonds to prevent any waste of the premises, which bonds shall be returned forthwith to the Treasurer of this State. Resolved further, That said Inferior Court be authorized to receive the sum of four dollars each day they may be in actual service, not exceeding five days, to be paid by the persons rent- ing said reserves, at the time of the execution of the bonds- Approved, December 23d, 1825. [No. 381.] In the House of Representatives, Tuesday, November 29th, 1825. Whereas, at the term of the Superior Court of Putnam county, held in March, eighteen hundred and twenty-five, a judgment was obtained in favor of the State, against John A. Cuthbert, Isaiah Favor, and Luke J. Morgan, for the sum of four thousand six hundred and dollars, on which one thousand dollars, have been paid : Be it therefore resolved, That the execution shall not be levied on the property of the aforesaid defendants: Provided, they or either of them shall pay on said judgment the sum of one thousand dollars, on or before the first day of July next, and the further sum of one thousand dollars on or before the first day of July, eighteen hundred and twenty-seven, and the further sum of one thousand dollars on or before the first day of July, eighteen hundred and twentv-eight, and the entire balance due on said judgment on or before the first day of July, eighteen hundred and twenty-nine : Provided further, That on failure ot the said defendants, or either of them, to comply with the terms offered in this resolution, that it shall be the duty of the Solicitor General of the Ockmulgee circuit to proceed without delay to have one half of the amount due on said judgment collected from Isaiah Favor, one of the said defendants, and then have the execution sent to the county of Bibb and have the balance due on said execution collected without delay from Luke J. Morgan, another of said defendants. And be it further resolved, That the mortgage executions against fractions numbers two hundred and eighty-five and two hundred and ninety-two, in the fourteenth district, formerly Baldwin, now Putnam county, shall be suspended and no further proceedings had thereon, until it is fully ascertained that the amount due the State on said fractions cannot be collected on the judgment against John A. Cuthbert, Isaiah Favor, and Luke J. Morgan, in favor of the State, on the terms and conditions offered in the foregoing resolution : Provided, That nothing in this resolution contained shall be construed to release said fractions from being subject to said mortgage executions : Pro- vided also, That it shall at all times be lawful for the Governor, upon information of the Solicitor General, to order a levy of said fi. fa., if it should appear that the claim is in danger of loss by the removal or waste of property on the part of the principal or his securities. Approved, December 3d, 1825. [No. 382.] In the House of Representatives, Wednesday, November 30th, 1825. The joint Committee on Banks, to whom was referred the exhibits submitted to the Legislature by the State and Planters' Bank, and the Bank of Augusta, report: That said exhibits fully sustain the select committee appointed at the last session, in their declaration, that their condition is sound, and all their affairs faithfully and ably conducted. To their own chartered institutions the people of Georgia should exclusively look for a circulating medium, and it is to be regretted that these are unequal to the duty, at least they do ndt fulfil it. Such are the conveniences which paper money possess over a specie currency in the usual transaction of com- merce and trade, that they cannot exist together, the latter in- variably yielding to the former. If a paper medium which is known to be good cannot be obtained from our own banks in sufficient quantity for the demand of trade, that which is issued abroad for purposes of speculation will be cast into our market, affording a convenience at the time, but as in all former instances resulting in loss and injury to us. Approved, December 9th, 1825. [No. 383.] In the House of Representatives, Saturday, December 3d, 1825. The Committee to whom was referred the petition of Charles J. McDonald praying compensation for professional service? rendered the State, report: That from the receipts of the Comptroller General it appears that the petitioner has, by suits on bonds, collected and paid into the treasury the sum of five thousand nine hundred and sixty-six dollars and forty-three cents, for which service your committee consider him entitled to five per centum on the amount so col- lected, amounting to two hundred and ninety-eight dollars and thirty-one cents. It appears further that the petitioner has collected on execu- tions issued from the treasury the sum of one thousand five hundred and twenty-seven dollars and forty-one cents, on which your committee consider him entitled to two and a half per centum, amounting to thirty-eight dollars and eighteen cents. It further appears that the petitioner has prosecuted to judgment a claim in favor of the State, amounting to two thousand one hundred and fifty dollars, and that he has secured the same by 62 RESOLUTIONS.—1826.' indulgence bonds under a resolution of the Legislature. For Brown shall pay the interest due on said debt, and that he give this service he is entitled to a further allowance of' two and a, further security, if required by the aforesaid Solicitor General: half per centum on the amount of the judgment, say fifty-three And provided, that nothing herein contained shall prevent the dollars and seventy-five cents. A further service has been immediate collection of said debt, if the securities already rendered by the petitioner in taking indulgence bonds from the bound do urge the same, purchasers of fractions. These are forty in number, and require Approved, December 22d, 1825. the exercise of skill and accuracy of calculation in providing for them. For this service your committee consider the peti- rNo 386>-j In the House of Representatives, tioner entitled to the sum of eighty dollars. L / r . _ n „ . Resolved, That the sum of four hundred and sixty-nine dollars ■ Monday, December \2th, 1825. and eighty-one cents be and the same is hereby allowed to Resolved, That John Keu, Esq. be, and he is hereby ap. Charles J.McDonald for professional services rendered the State, pointed a commissioner of the river Altamaha, in place of in the collection and securing of large sums of money, and that William Carnochan, Esq., deceased, the payment thereof be provided for in the act of appropriation Approved, December 22d, 1825. to be passed at the present session. t ■ t ( Resolved, That the sum of ten dollars on each case prose- [No. 387.] In the House of Representatives, cuted to judgment in the Flint and Western circuits for the _ ' Tuesday, December 13th, 1825. condemnation of lots fraudulently drawn in the late land lot- „ , , V# „ j j tery, and in which Charles J. McDonald and Cicero Holt apl , Re^ed That persons having claims or demands against pewd in support of the State's interest, bp alloWed the said tba e' Pa?able'at ,he tK™ar/> sba11 n0.',n future McDonald and Holt for their services, ind that the same be Pf1!^ to «celve any depreciated currency in payment of such . paid them by the Governor out of the contingent fund, when. cla,msob demands ; but the Treasurer shall pay the same m eV" lfiudumentPr00f "haU ^ ^ nUmber ^ revived, That the Treasurer shall not, from ™Zd U it further resolved, That Jhe sum of fifty.four dollars and f« th* firf day °f Jaauary naxt> ™eivf in for thirty-six cents be allowed Cicero Holt, late Solicitor General debts dute,tbe State aad Payable at the treasury, bills of of the Western circuit, as a compensation for services ren- any depreciated currency: Provtded, however, nodiing herein dered this State in collecting and paying into the treasury di. eontained shall be so construed as to authorize the Treasurer to vers sums of money, and that the same be inserted in the ap. ™he rece?"°? of Pa™n bl"3/°r ^es collected for the propriation bill of this session. ' , Pollbcal (e'Sbteen hundred and ^enty-four or any time Jlnd be it further resolved, That six hundred and fifty dollars Previous ■ be allowed to Yelverton P. King, late Solicitor General of the Approved, November 23d, 1825. Ockmulgee circuit, for services rendered in the collection and ' ——— - . paying over divers large sums of money into the treasury du- [No. 388.] ' In the House of Representatives, ring the past political year, and for his services in prosecuting Wednesday, December 14th, 1825- to judgment certain suits in the Superior Courts of Greene Resolved, TUt the Legislature do adjourn on Thursday, the and Putnam counties, in which the State is interested, and on twenty-second instant, sine die. which indulgence has been granted. - r 'Approved, December 21st, 1825." , And be it further resolved, That the sum so allowed be " placed in the appropriation bill of the present session. ,-tvt ~ t „ t. ~~ 4 Approved, December 22d, 1825. [Nq. 389.] In the House of Representatives, — ( - Friday, December 16/A, 1825.. [No. 384.] In the House of Representatives, Resolved, That his excellency the Governor be requested to Saturday, December 10th, 1825. purchase, for the use of the Legislative Hall, four copies of The select Committee, to whom was referred the petition of thes engraved edition of the Farewell Address of General Edward Cary, agent alid attorney in fact for-Abram Bor- Washington, that the same be placed in suitable frames, and land, having had the matter under consideration, are of opinion that the expense thus to be incurred be defrayed out of the that the request is reasonable. They therefore beg leave to contingent fund. w . offer the following resolution : Approved, December 22d, 1825. Resolved, That his excellency the Governor, be* and he is ' . ■ . - ' hereby directed to have full satisfaction entered upon a judg- 3 - ' , ment obtained in Baldwin Superior Court, at October term, [No. 390.] In the House of Representatives, eighteen hundred and twenty-four, against , Abram Borland, v , Saturday,, December 11th, 1825. and in favor of the commissioners of the town of Milledge- The Committee, to whom was referred the petition of Samuel ville, for the sum of one hundred and seventy-four dollars, Gibson, respectfully report : with interest and cost: Provided, the said Abram, or his attor- f That they have had the same under consideration, and find ney, Edward Cary, previously settle, m full, a judgment pre- the contents of said petition to be true. . The said petitioner viously obtained m said court against John S. Porter for the was deprived of sight while in the service of his country, and same sum, as it appears that the suit against Abram Borland bei„g indigent and having, a family, your committee are of opi- was predicated upon the same case, he having been security nion that he is entitled to some compensation from the country for the said John b. Porter. in whose Service he so honorably suffered. And whereas, your Approved, December 22d, 1825. , committee are informed that fraction number one hundred and T "7~r """ - sixty-seven, in the twelfth district of Habersham county, was [No. 385.] . IN the House of Representatives, not disposed of according to the laws of this State making pro* t. 7 7 rm. l o r . Sa^rday, December 10th, 1825. visions for the sales of frabtions : and whereas, said fraction is Resolved, I hat the Solictor General of the Ockmulgee cir- of inconsiderable value • cuit be instructed to suspend all proceedings on the part of the Resolved therefore, That the aforesaid fraction be, and is State against William W. Brown, for the term of one year hereby vested in the said Samuel Gibson during his life, and from the first day of January next, for the amount due the after his death until his youngest child shall marry or arrive at State by said Brown for one year's rent of the ferry across the lawful age. v Ockmulgee river at Macon: Provided, the said William W. Approved, December 22d, 1825. RESOLUTIONS.—1825. 63 [No. 391.] In ThE House of Representatives, Saturday, December 17th, 1825. The Committee to whom was referred the petition of John Eastwood, sen., have had the same under consideration, and believe the petition to be a reasonable application and ought to be granted. They therefore recommend the following reso- lution : Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That whereas John Eastwood, sen., has petitioned this Legislature, asking a support in his old age, setting forth that he enlisted into the service of his country in the revolutionary war, and that he was promised, in addition to his monthly pay, a bounty of land, which he has never received, nor any compensation therefor; nor has he transferred his right to any other person, and that he was ho- norably discharged: Be it therefore resolved, by the authority aforesaid, That the sum of one hundred dollars be, and the same is allowed to and for the support of John Eastwood, sen., and that the same be provided for in the appropriation law; and that the same be a full discharge of all demands of the said John Eastwood, sen., on the government, for revolutionary services. Approved, December 22d, 1825. [No. 392.] In thA House of Representatives, Saturday, November 19th, 1825. The select Committee to whom was referred the petition of John McKenney, have had the same under consideration, and believe the prayer of the petitioner to be reasonable, and that it ought to be granted. They therefore respectfully submit the following resolution: Resolved, That the sum of four hundred dollars be, and the same is hereby appropriated for the use of John McKenney, in lieu of two bounty warrants; one in favor of John McKenney, and the other in favor of Travis McKenney, both bearing date seventeenth May, seventeen hundred and eighty-four, to be deposited in the office of Secretary of State; and that the same be inserted in the appropriation act. Approved, December 9th, 1824. [No. 293.] In the House of Representatives, Thursday, November 24th, 1825. The joint Committee on Finance beg leave further to report: That, so far as the committee have examined into the state and situation of the treasury, the same has been conducted with correctness and ability by the head of that department. And the committee beg leave further to report, that in com- paring the report of the committee on finance in eighteen hun- dred and twenty-four, with the cash now in the treasury, there cannot exist a doubt that the Treasurer has with honesty and integrity accounted for the different species of bank notes re- ceived by him; and that they have no reason to believe that there has been any speculation on the funds of the State by George R. Clayton, Esq., the Treasurer: the different bundles or packages of bank notes agreeing in amounts with the differ- ent labels as endorsed by the committee of the last year, with one or two exceptions, which was satisfactorily accounted for by the Treasurer. Approved, December 3d, 1825. Unanimously agreed to. [No. 394.] the House of Representatives, Thursday, November '24th, 1825. Resolved, That James Jones, sen., Soloman Hall, Ishara Walker, sen., Joseph Bryan, and Moses Prescot, be, and they are hereby appointed commissioners and trustees for the county academy of the county of Ware. Approved, December 22d, 1825. [No. 395.] In the House of Representatives, Saturday, November 26th, 1825. The Committee to whom was referred the petition of Henry Branham, having considered the matters in said petition con- tained, report: That they have examined the map of the original survey, and also of the resurvey made of the district in which the frac- tions are situated mentioned in the petition. The exigency seems to have arisen from an erroneous representation of the locality of said fractions in the original plan of surveys. Their location, as represented, seems to have constituted the induce- ment of the purchase. Your committee report, that such in- ducement in fact did not exist; for it now appears from a sub- sequent and authorized survey, that the said fractions are repre- sented, and do actually occupy a different position, and are of different quantities. The difference of location results in an essential difference of value; and the difference of quantity amounts to one hundred and fifty-six and one half acres. The contract, and the consideration of the contract, having so mate- rially varied, without any default on the part of the purchaser, your committee consider that his petition is reasonable, and ought to be granted. * It appears that he has paid a portion of the purchase money equal to the sum of eighty-nine dollars twelve and a half cents, which he ik willing should pass to his credit on other demands held against him by the State, secured by bond ; and that he is also willing to relinquish to the State all claims he may have to said fractions, and to turn his certifi- cates to be cancelled. Your committee recommend the following resolution : Resolved, That the Treasurer be required to pass as credit the sum aforesaid, on any debt due by Henry Branham to the State of Georgia: Provided, he first relinquishes his claims upon fractions numbers two hundred and fifteen and two hun- dred and sixteen, in the first district, the county of Dooly, and shall also deliver up his certificates to be cancelled. Approved, December 3d, 1825. [No. 396.] In the House of Representatives, Saturday, November 26th, 1825. The select Committee to whom was referred the petition of William Eentreken, have had the same under consideration, and have believed the prayer of the petitioner to be reasonable, and that it ought to be granted. They therefore respectfully submit the following resolution: Resolved, That the sum of four hundred dollars be, and the same is hereby appropriated to the use of William Eentreken, a revolutionary soldier; and that the same be inserted in the appropriation act. Approved, December 3d, 1825. [No. 397.] In the House of Representatives, Saturday, November 26th, 1825. Resolved, by the Senate and House of Representatives, in Gene- red Assembly met, That the sum of thirty-five dollars be allowed Thomas McAdams for money overpaid into the treasury, and that the same be paid out of the contingent fund. Approved, Decembet 9th, 1825. [No. 398.] In the House of Representatves, Thursday, November 17th, 1825. Whereas, in the heat and effervescence of party feelings and political disquisitions, the character and standing of two of our most worthy and distinguished fellow-citizens, lately appointed by the general government to negotiate a treaty with the Creek nation of Indians for the extinguishment of the Indian title to lands within the limits of the State of Georgia, have been improperly aspersed, and their uprightness and integrity called into question: And whereas, great benefits have resulted to the good citizens of this State, by the exertions of our fellow-citizens aforesaid* 64 RESOLUTIONS.—i.025. in obtaining for the State of Georgia an extensive, fertile, and [No. 400.] In tiie House of Representatives, important territory within the limits thereof: Wednesday, December 21 st, 1825. Resolved unanimously, therefore, by the Senate and House of Resolved, That the sum of six thousand dollars be appropri- Representatives of the State of Georgia, in General Assembly met, ated for the purpose of carrying into effect the several resolu- That they feel deeply and gratefully impressed with the impor. . tions relative to the running of the line between this State and tant services of the honorable Duncan G. Campbell, and James Alabama and Florida, and that the same be inserted in the appro- Merriwether in obtaining the late cession of lands from the Creek nation of Indians,, and that their confidence remains unimpaired in . the honor, uprightness, and integrity of those gentlemen. ' Resolved further, That the General Assembly, representing the feelings and wishes of the good citizens of this State, do not hesitate in saying that they conceive that the treaty con- tains in itself intrinsic evidence of its own fairness, in the libe- priation law. Approved, December 22d, 1025. [N6. 401.] In the House of Representatives, ' ' Wednesday, December 21st, 1825. Whereas, much difficulty exists in relation to the accounts of the late Colonel Franklin, Solicitor General of the Ockmulgee . circuit, and by Colonel Seaborn Jones and Captain AdamG. ral and extended provisions which it contains for the removal, gaffold, his successors, in relation to certain bonds placed in the preservation, and perpetuity of the Creek nation: Such treaty, hands of said Franklin for collection:, so beneficial to the United States, the State of Georgia, and the, Indians themselves, having been negotiated under circumstances requiring the most devoted zeal, persevering industry, and firmness, we pronounce upon the conduct of the commission- ers- our most cordial approbation, and that a copy thereof be transmitted to eadh of said commissioners, and also a copy to each of our Senators and Representatives in Congress. • Approved, November 24th, 1825./< Resolved, therefore, That the Governor be authorized to appoint two commisioners to ascertain the facts in relation to said security, and to recommend to the next Legislature the equitable terms of a final settlement of said accounts. Approved, December 23d, 1825. • ' [No. 399.] Fi. Fa's In the House of Representatives', - Thursday, November 17th, 1825. The State, : vs. Joseph Crews, John Hardee, and{ Issued from the Treasury Department, Edward Sherman Resolved, That the sheriff of Camden county be, and he is hereby instructed to suspend all proceedings in the above fi. fa.'s, against John Hardee, for the present, and for five years to come. Resolved further, That the said John Hardee shall have the control of the aforesaid fi. fa.'s so far only as to instruct the sheriff in whose possession the said fi. fa. may be, to levy the same on any property that the said Hardee may point out as property belonging to the said Crews or Sherman, for the pur- pose of raising one moiety of the amount originally due on said fi. fa., with the interest that may have accrued on the same; and the Comptroller is instructed to furnish the said John Har- dee certified copies of the bonds given by said Crews, Sher- man and Hardee ; also a certified copy or copies of all fi. fa.'s issued by him against the aforesaid persons, and all other docu- ments relative to the taxes collected by the said Joseph Crews [No. 402.] In the House of Representatives, Thursday, December 22d, 1825. r Resolved, That the select Committee appointed to count and deliver the money in the treasury to the present Treasurer be, and they are hereby required to break one or more of the sealed packages of current money in the treasury for making payment at the treasury! ' , Approved, December 23d, 1825. , . [No. 403.] In the House of Representatives, Thursday, December 22d, 1825. Whereas, we have been informed through the medium of the public gazettes of the deeply lamented death of Commodore Thomas McDonough: And whereas, the preservation of the memory of the great and good of all ages is attended with the most happy conse- quences to posterity ; and believing that few men of any age or nation have been signalized for. power and more exalted Christian and moral virtues, as well as undaunted bravery and patriotism than Thomas McDonough, the naval hero of Cham- plain: ' , , Resolved, therefore; by the Senate and House of Representa- tives of the State of Georgia, in their own and the name of their fellow-citizens, That they deeply and sincerely regret the death frpni the citizens of Camden county, for the years eighteen of their, distinguished fellow-citizen Thomas McDonough, and hundred and five, eighteen hundred and six, and eighteen hun- dred and seven. Be it further resolved, That the sum of forty-eight dollars and nine cents, an insolvent list that has not been credited hereto- fore, be credited on the executions against the said Joseph Crews, John Hardee, and Edward Sherman, if the grand jury of the county of Camden shall find it correct. Approved, November 24th, 1825. 1 while they sympathize with his afflicted family, they regard his death as a serious calamity to his country. Resolved, That his Excellency cause a copy of this preamble and resolution to be transmitted to the family of' Commodore McDonough. , Read and unanimously agreed to. , ' Approved,^December 23d, 1825. . . RESOLUTIONS.—182G. 65 RESOLUTIONS WHICH ORIGINATED IN SENATE, 1826. [No. 404.] In Senate, November 9th, 1826. Resolved, That George T. Rogers be, and he is hereby ap- pointed a commissioner of pilotage for the port of Darien, in the place of John Hunter, removed. Approved, November 13th, 1826. [No. 405.] In Senate, November 12th, 1826. Resolved, That his excellency the Governor be requested to assign one of the rooms in the Arsenal to the Trustees of the Franklin College, for the purpose of transacting business during the sitting of the Senatus Academicus, and that the same be fit- ted up accordingly. Approved, November 13th, 1826. [No. 406.] In Senate, November 23d, 1826. Resolved, That the General Assembly do most cheerfully ac- quiesce in the sentiments suggested by his excellency the Go- vernor, as expressed in his message, that it is the duty of na- tions and communities, as well as individuals, to render, from time to time, that homage and adoration so justly due to that Being who is the donor of all good—they believe and acknow- ledge it to be a duty of constant and unremitting obligation im- posed on them by Almighty God, always to be deeply impressed with a due sense ot their dependence and reliance on Him, who is the disposer of all events, either social or individual, and to be prepared at all times to render that submission and service so justly required at our hands, to the dispensations of the Ruler of the universe, which it may please Him, the disposer of all events, to blend in the lot of either men or nations. While in the present year there has been many undeserved favors re- ceived and bestowed by the hand of Providence to claim our fer- vent and united thanks, and there has been also seen in our land his hand of affliction, sent no doubt for our chastisement, and to show us our dependence on Him, an independent God: To testify, therefore, in a Christianlike manner, in every way suited to the professions and practices of Christian people, and to show how grateful we are and ought to be for the protection of Heaven, while we are not less humbled by the afflictions sent upon us during the present year for correction for our disobedi- ence, we do sincerely recommend to his excellency the Gover- nor to set apart a day of general thanksgiving and prayer, as suggested in his communication, and to adopt such measures as he may think proper to carry this resolution into effect. Approved, December 4th, 1826. [No. 407.] In Senate, November 24ih, 1826. Whereas, the Legislature at their last session, did pass a re- solution, authorizing the Governor to deliver to William Bowen the Africans now in custody of the State, and also the balance of money as proceeds of Africans heretofore sold, and it ap- pearing that one of the conditions on which such delivery was founded, is impossible to be complied with : for remedy whereof, Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That immediately after the passing of this resolution, it may and shall be the duty of his excellency the Governor to deliver, or cause to be deli- vered to William Bowen, all the African negroes now in the ' A custody or control of this State, and also to pay, or cause to be paid, to the said William Bowen, whatever sum of money re- mains unexpended, of the proceeds of Africans heretofore sold by said State, on the condition that the said William Bowen do execute to the Governor a full release of all claims on the State for her interference or detention of said slaves or proceeds : Provided nevertheless, That the said William Bowen pay to Henry Darnell, in satisfaction for services rendered in taking care of said Africans, the sum of two hundred and fifty dollars, or execute to him a sufficient conveyance for a negro woman and two children, a portion of said Africans now in possession of said Darnell. Approved, December 4th, 1826. [No. 408.] In Senate, November 21 st, 1826. Resolved, That his excellency the Governor be requested, and he is hereby authorized, to have each of the portraits in the State House covered in such manner as he may think proper, for the purpose of avoiding injury from dust, flies, &c. Approved, December 4th, 1826. [No. 409.] In Senate, November 10th, 1826. Resolved, That George Pullen, of Newton county, be, and he is hereby appointed a commissioner, to keep open the rivers for the free passage of fish, in the place of Michael Whatley, deceased. Approved, December 4th, 1826. [No. 410.] In Senate, November 15th, 1826. Resolved, That his excellency the Governor be requested to purchase four copies of the Georgia Justice, and have them transmitted to the Justices of the Inferior Court of Liberty coun- ty, for the use of said county, and that the same be paid for out of the contingent fund. Approved, December 4th, 1826. [No. 411.] In Senate, November 16th, 1826. Resolved, James R. Wylie and Thomas J. Rusk be, and they are hereby appointed trustees of Clarkesville academy, in the county of Habersham, in addition to those already ap- pointed. Approved, December 4th, 1826. [No. 412.] In Senate, November 11th, 1826. A resolution amendatory to a resolution approved the 17th day of December, 1825, appointing commissioners to examine the roads leading from Jencks' bridge, on Ogechee river, to the town of Macon, in Bibb county : Resolved therefore, That Mathew Caswell, of Wilkinson county, be, and he is hereby appointed one of the commissioners on the said road. Approved, December 4th, 1826. [No. 413.] In Senate, November 21 st, 1826. The committee to whom was referred the correspondence of his excellency the Governor with the general government, re- lative to the boundary line between Georgia and Florida, report: 66 RESOLUTIONS.—1826. That they have had the same under consideration, and fully approve of the course proposed and agreed on by the Governor and the President. They accordingly recommend that a com., missioner be appointed by his excellency the Governor, to at- tend on the part of Georgia on the first Monday in December next, or to attend on any other d^y which shall be subsequently agreed on by the parties, for the purpose of defining and mark, ing out said line. Approved, December 4th, 1826. ' , [No. 414.] ^ In Senate, November 2Sth, 1826. The Committee on the state of the Republic have had under consideration the resolution submitted to them, directing an in- quiry into the expediency of again applying to the general go- verriment to renew the negotiation with the Cherokee Indians, with a view to extinguish the title to the lands in their possession within the limits of Georgia.—And also of inquiring into the propriety of requesting the general government to propose a treaty allowing the Indians reservations, not to exceed one sixth of the territory acquired, subject to be afterwards pur- chased for the use of Georgia. - Upon the best reflection which the copimittee have been able to bestow upon this subject, they entertain an opinion which is without division among them, that the extinguishment of the Indian title to all the lands within the limits of Georgia is a mat- ter of not only constant but urgent expediency. This question has been so repeatedly presented to thef general government, and the wishes of the State pressed upon ' its attention under such a diversity of aspects, as to "render, at this time, a detailed exhibit of its views entirely unnecessary. It would seem that little else Was required to be said, than what would serve to re- lieve the general government of whatever solicitude might be , felt, from having a subject so often and so importunately brought to its consideration. The respect which the State owes itself, and which it certainly entertains for the general government, would, in courtesy, require the declaration that whatever else may be thought to belong to this application^ nothing is further from its intention, than a spirit of captiousness or a restless im- patience under repeated disappointments. The State has al- ways believed its claim perfectly just, and acting under the ho- nest confidence Which unquestionable right never fails to in- spire, it acknowledges that every occasion has been sodght openly, but frankly, to avow that ho demand could be better for- tified with ifiotives for its speedy satisfaction, than that which we have so long and so abortively urged, and therefore the fre- quehcy of our attempts to bring this matter to a final adjudication. If now, by adding another essay to those which have gone be- fore, and which have proved so untoward in their issue, any thing of clamor or resentful discontent should be supposed to exist in this appeal, we are ready to give the assurance that nothing can be more foreign from its temper, and, in a fair in- terpretation of its design, nothing Could be more widely misun- derstood. W e believe that circumstances of recent origin in the Cherokee nation, which, from prudential considerations, need not now be mentioned, render at this time, another effort to ob- tain the country, more auspicious than any which have hereto- fore been made, with any well grounded hope of success, if the present occasion is permitted to pass away unimproved. But when to these indications, so highly favoring the view of a pros- perous negotiation, there is added, as we conceive, the influ- ence and effect which extensive reserves are calculated to have among Indians of a certain character, little doubt is enter- tained of a result altogether satisfactory to the reasonable wishes of Georgia.-—To the general government, possessed, as it is, of a full knowledge of the state and condition of the Indian nation, the power and avarice of certain characters who con- trol its affairs, and the causes which have hitherto thwarted the measures designed to fulfil her engagements with Georgia, it cannot be necessary to suggest' the efficient agency which this course must have, in any future operations of the government seeking [to] realize the just expectations of the State,expectations which, though the subject of repeated complaint, find some jus. tification in an unusually protracted postponement. Under this view of the subject, your committee recommend the following resolutions, to wit: Resolved, That the President of the United States be re- quested to take such measures as are usual, and as he may deem expedient and proper, for the purpose of and preparatory to the holding of a treaty with the Cherokee Indians, the object of which will be to extinguish the title to all or any part of the lands now in their possession within the limits ofv Georgia. Resolved, That if such treaty be1 held, the President be re- spectfully requested to instruct the commissioners to grant, if necessary to facilitate a successful completion of the same, reserves of land in favor of certain Indians of the nation, not to exceed one sixth of the territory to be acquired, and to sub- ject to future purchase by the i general government for the ex- elusive benefit of Georgia. Resolved, That his excellency the Governor be requested to forward a copy of the foregoing report and resolutions to the President of the United States, and one to our Senators and Representatives in Congress, with a request that they use their best exertions to obtain the object therein expressed. Approved, December 4th, 1826. [No. 415.] In Senate, November 25th, 1826. Resolved, That sixty feet square on the commons of the town of Milledgeville, on which the Bath House stands, be laid off, and that the use and benefit thereof be vested in Henry Dar- nell for ten years. (' • Approved, December 4th, 1826. r [No. 416.] In Senate, November 30th, 1826. The joint Committee on the state of the Republic, to whom was referred so much of the message of his excellency the Governor, as relates to the dividing line between this State and Alabama, have carefully examined the accompanying docu- ments, and beg leave to report:; That in conformity with the resolution of the General As- sembly, the Governor, on- the 25th of June last, appointed Richard Blount, Joel Crawford, and Everard Hamilton, Es- quires, commissioners to run the dividing line between this State and Alabama, agreeably to the stipulations of the arti- cles of agreement and cession entered into between the United States and Georgia, on the sixteenth of June, eighteen hun- dred and twenty-two, and that Messrs. Blount, Crawford, and Hamilton, accompanied by a skillful mathematician, the engi- neer of the State, a surveyor/ and a competent number of la- borers, and every way prepared to execute the purpose of their appointment, attended at the time and place previously agreed on, by the Governors of the, respective States, and were met by one only of the commissioners on the part of Alabama. As the attending commissioner from Alabama declined, while his colleague was absent, to enter into a discussion as to the place from which tjie line should commence, (the only point of difficulty,) it whs agreed to run a random line from a bend in the Chattahooehie near Fort Mitchell, to Nickajack, when it was expected every thing preliminary to the actual demarka- tion of the line would be adjusted. This random line was run, and at Nickajack (the absent commissioner of Alabama having arrived,) an exchange of powers by the respective parties took place, and a discussion was entered into on the subject of the exact point of departure ■from the Chattahooehie. It had been ascertained by actual survey in running the ran* dom line, that the first great bend in the river next above the mouth of the Uchee, from which a right line would run to Nickajack without touching the river, was the Big Shoal or Miller's Bend, and this the commissioners on the part of Georgia contended, was the bend at which the line should RESOLUTIONS.—1826. 67 commence. The commissioners of Alabama cor^idered the Uchee as an unimportant circumstance in ascertaining the point of departure, insisted on the Great Bend, where the di- rection of the river is changed from southwest to south, as the place of beginning, and rested their arguments on the facts that the Cussetah and Coweta towns are above the Uchee, and that above Miller's Bend and below the gre&t bend named by them, there is a stream emptying into the Chattahoochie, on the western side, called the We-hut-kel, said best to answer the description of Uchee mentioned in the articles of cession. This discussion being continued for some time, and it being pretty well ascertained that neither party would recede from the position assumed, the commissioners of Georgia gave no- tice to those of Alabama, that they should terminate a confe- rence which was likely to prove so fruitless, and proceed to run the line to the Big Shoal or Miller's Bend, which they accord- ingly did, unaccompanied by the commissioners of Alabama. It is deeply to be regretted, that there should exist such ambi- guity in the articles of cession, as to leave any doubt on the subject of a boundary, a subject in which the least uncertainty is always embarrassing ; but your committee believe this am- biguity, which evidently arose from the imperfect knowledge had by the commissioners who negotiated the cession of eigh- teen hundred and two of the topography of the country through which the line was to run, and of the relative situation of Nickajack and the other extreme of the line, is not so great but that the meaning of the parties to that instrument may be arrived at with sufficient certainty. Previous to the cession of 1802, the western limit of Georgia was the Mississippi river; but the people of Georgia contem- plating a sale to the United States of a part of their western territory, and desirous of fixing permanently the bounds which should limit the power of the Legislature to sell or dispose of their territory, and of establishing permanently the boundaries of the State, carefully expressed in the constitution of seventeen hundred and ninety-eight what those limits and boundaries should be- By a reference to the twenty-third section of the first article of the constitution, it is seen that the whole of the Chatta- hoochie is reserved to Georgia. This, which is the supreme law of the State, must have been known to the commissioners who negotiated the cession of eighteen hundred and two; and it is fair to presume reference was had to it; for we find, that though they depart from the authority and power given-by the acts of 1799 and 1800 on that subject, yet they adhere to the provisions of the constitution, and cautiously preserve to Georgia the whole of the Chattahoochie river. The commissioners, in their negotiations, having pursued an undivided course between what was prescribed by the acts of 1799 and 1800, and re- garded the constitution under which those acts were passed, may be presumed, apart from all other evidence, to have in- tended the line to leave the Chattahoochie at the first point above the mouth of Uchee creek, from which it would run to Nickajack without touching the river, as the line must be a straight line ; and from the survey made, it appears that Mil- ler's or the Big Shoal Bend is that point. That a bend still lower down the river, and in the neighborhood of Fort Mitchell, was supposed to be that point, and the bend designed by the commissioners, appears, from the concurrent testimony and as- sent, for more than twenty years, of all those best acquainted with the country through which the lice was to run, and with the negotiation between the United States and Georgia. That the Great Bend, where the river changes its general direction, or the general western bend, or the most western bend as it is frequently called, was not designed, is apparent from this:. That this bend was well known and named as one of the points of limit in the act of 1799, which act was certainly not conformed to by the commissioners; and the bend named in the articles of cession is designated as if to distinguish it from that bend. "The great bend thereof, (referring to the Chat- tahoochie,) and next above the place where a certain creek or river called Uchee, being ttfe first considerable stream on the western side above the Cussetah and Coweta towns, enters into the Chattahoochie river." Now it is hard to conceive why, if this great or greatest bend, a place well known, had been intended, the Uchee creek and Coweta and Cussetah towns, sixty miles distant, should have been referred to more clearly to designate it. From the whole view of the subject, your committee are of opinion that the line run is the true line ; and they entertain too high a respect for the good sense, jus- tice, and magnanimity for the citizens of Alabama, to believe, for one moment, that a difference of opinion will be entertained by the two States, after the whole grounds of dispute shall have been maturely and deliberately considered by them. Your conimittee therefore recommend the adoption of the following resolution : Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the line run and marked from Nickajack to Miller's Bend on the Chatta- hoochie, is the true line contemplated by the articles of cession of 1802, between the United States and Georgia; and that it be recognized as such by the State of Georgia. Approved, December 8th, 1826. [No. 417.] In Senate, December 5th, 1826. Whereas, from the smallness of the annual tax of Emanuel county, and the great difficulty on that account of getting any one to collect the same, a practice has obtained in that county of conferring on one and the same person the appointment of both receiver and collector, and suffering said officer to collect two years' taxes at the same time: And whereas, Charles C. Jenkins was appointed receiver and collected for the years 1824 and 182 5,of said county, and never received his commission as col- lector until the month of July, 1825, when he immediately proceed- ed to the collection of the taxes for both said years, and received the same in Darien money, as said money was then receivable at the public treasury: And whereas, the Legislature at their last session passed a resolution in the month of December, de- claring that said money should be receivable at the treasury until the ensuing first of January, and after that time for all taxes of the year 1824, that had been received by collectors ; and said resolution having -passed so near the time when said money would cease to be received, the said Jenkins had no no- tice of the same ; and the taxes which he had collected for the year 1825, according to the practice of his county, to wit, two hundred and twerity-nine dollars, was refused to be received by the Treasurer on the 6th of February last, when he applied to pay in the same. Now, as it would be unjust for said collector to lose the discount on said money; for remedy whereof, Be it resolved, That the Treasurer of this State be, and he is hereby authorized to receive the said money collected by the said Jenkins, as the taxes for the year eighteen hundred and twenty-five, of the county of Emanuel, any resolution to the contrary notwithstanding. Approved, December 11th, 1826. [No. 41S.] In Senate, November 2d, 1S26. The Committee to whom was referred the communication of the Governor in relation to the survey of the eleventh district of Irwin (now Lowndes) county, have had the same under consi- deration, and from the documents inclosed therein, it appear^ to them that it will be necessary to resurvey and renumber the lots of a part of said district, so that the errors that seem to have been made may be corrected. It has also been made appear to the committee, that the part of the county in which said district lies, is much subjected to inundation, which pre- eludes the possibility of making a correct survey of it in many seasons of the year; in consequence of which the district sur- veyors received such additional instructions from the Surveyor General as enabled them to make a report of the survey of their districts in times of extreme high waters; and the committee, being satisfied that such might have been the case during the 68 RESOLUTIONS.—1826. time of the survey of the eleventh district aforesaid, are of opi. nion that the surveyor of said district should be indulged; and therefore recommend th,e following resolution: Resolved, That the surveyor of the eleventh district of Irwin (now Lowndes) county, be, and he is herebf allowed and re- quired to make such resurvey and alterations as may be neces. sary, to correct any errors or mistakes Which may have been made in the surveying and numbering the lots in said district, and to make a return of the same to the Surveyor (General within six months from and after the first day of January next. Approved, December 10th, 1826. [No. 419.] In Senate, November 23d, 1826. The select Committee to whom was referred the petition of James Houston, have had the same under consideration, and have believed the prayer of the petitioner to be reasonable, and that it ought to be granted. They therefore respectfully (submit the following resolution: Resolved, That the sum of four^hundred dollars be, and the same is hereby appropriated to the use^ of James Houston, a revolutionary soldier; and that the same be inserted in the ap- propriation act. j Approved, December 11th, 1826. [No. 420.] In Senate, December 13ih, 1826. The Committee on Banks, to whom was referred the annual statemeht of the Bank of Augusta, beg leave to report: , That on examining the statement they find such evidence of the ability with which the affairs of that bank have been con- ducted, and of its sound and stable condition, as fully to sustain the high credit of the institution. Although the business of the bank has been such as to render its stock better and more profitable than that of any other bank in the State, yet your committee find that there are in circula- tion only' sixteen hundred and seventy dollars, eighty-two- cents ihore of their bills than they have of the bills of other banks, and of specie in their vault; and that they have a surplus fund nearly equal to the whole amount of their bad and doubtful debts, and of the estimated value of the real estate held by the bank. Your committee, therefore, respectfully submit the following resolution: Resolved, That the ability and fidelity with which the affairs of the Bank of Augusta, have been conducted, mbrit the appro- priation of the General Assembly, and entitle the bank to the fullest confidence of the public. ' ■ < Approved, December 22d, 1826.' [No. 421.] ' In Senate, December 21st, 1820., The Committee to whom was referred the report of the com- missioners appointed to open a road from the Locust Stake' to the Currahee mountain, have examined the same, and. now report: That said commissioners represent that they can effect the object intended by the Legislature, in opening said road, upcn much more economical terms and to greater advantage to the public, by changing its direction from that prescribed in the resolution of the last Legislature. Therefore be it resolved, That said commissioners be author- ized. to open said road in the nearest and best direction to the Franklin line, without regard to the discretions heretofore given, and that they exercise their own discretion in making said road, so as to accomplish the object intended by the Legislature. Approved, December 22d, 1826. 1 [No. 422.] Dt Senate, December 13th, 1826. The select Committee on Banks, to whom the exhibit sub- mitted by the Bank of the State of Georgia, to the Legislature was referred, have the honor to report: ' That the exhibit sustains the character of the institution, and shows that amidst the revolutions and disasters in the comrner- cial world, by correct management, its solvency and its reputa- tion have be'en maintained. The precious metals being the , only solid support of a paper medium, it is therefore the policy of every moneyed institution to accumulate those in a sufficient quantity, to meet every demand that shall be made for the redemption of its paper; pursuing-such a course, public confi- dence ensures its [prosperity,] and public feeling becomes iden. tified with its reputation. Gold and silver, from their beauty, their ductility, and the ornamental uses to which they are applied, both in a state of high civilization, and one of rude savagism, have been deemed not only the sign but the substance of wealth; they excite the desires and avarice of men, and as commerce opens the avenues to the gratification of the appe- tites and passions, this restless and uncurbed anxiety for their possession, augments and strengthens, and exercises an influence on every transaction and every department of the active scenes of life. It is not surprising that the precious metals should be sought after with avidity j and hoarded with care. For con- veftience, for transportation, for security against fraud, a paper medium however possesses equal advantages; for modern in- genuity has rendered forging more difficult than the alloying, clipping, and filing of gold and silver, and when they are the basis of a paper currency, the public confidence reposes with equal security on the one as the other. The [proper] standard by which we can estimate a currency or a circulating medium, is by comparison, and if it bears a just and/equal value with that of other countries, it may be considered [sound] and undepre- ciated. With a sufficiency of gold and silver, and property which in exchangable value is equivalent to it, and its debts secure, with its paper or bills answering all the purposes of barter, exchange, and sale, we are not hazarding too much in expressing our opinion that the Bank of the State of Georgia is in a prosperous and flourishing condition. Banks haVe to contend against fluctuations in commerce, and the vicissitudes incidental to commercial transactions. Like individuals, they feel an anxiety to discharge the obligations they are under to the community: managed by men subject to the frailties of our nature, they often' pursue plans which are frustrated^ and experience results different from their anticipa- tions; like individuals, but with increased risks, they have to extend credit, and encounter losses from failures, and misfor- tunes, and sometimes from dishonest creditors [debtors]: these are the incidents which are inseparable from money institutions, and commercial transactions, but local and State banks have another and a greater evil to resist and contend against, it is the United States Bank; wielding a capital, which regulates the exchange between the several States, from the extensive circulation of its bills, it controls and influences every other institution, it exhausts their profits in the sustaining of .their credit. Collecting the revenue of the country, it limits the issues of i the local banks, by receiving this revenue in their bills, and drawing hpon its coffers for gold and silver. It may introduce the bills of its branches from the north and circulate them in the south, and from the distance and their wide diffusion prevent any operation of the local banks to protect themselves. It affords no facilities to the citizens of the State where it is located, but trades alone for the benefit of its stockholders ; no sympathy for the wants of the community; protected by the Supreme Court against every measure adopted by the States to curtail its influence, its .power equals that of the general go- vernment itself. ■ With this view, subject to this mighty power, it is a subject *>f gratulation to the committee to state, that the situation of the . State Bank is prosperous, and that they have met every demand by the United States Bank to the amount of more than one million and a half of dollars, and at the same time given to the State and the stockholders, a dividend on their stocks. Approved, December 22d, 1826. RESOLUTIONS.—1826. [No. 423.] In Senate, December 18th, 1826. Whereas, it is necessary to hold all public functionaries to a strict responsibility in the punctual discharge of their duties: Be it therefore resolved, That his excellency the Governor cause all moneys in the hands of delinquent Solicitors General, whose terms of office have expired, to be collected with as little delay as practicable. Approved, December 22d, 1826. [No. 424.] In Senate, December 13th, 1826. The joint Military Committee, to whom was referred the report of Lewis H. Kenan, military store keeper, beg leave to report: That they have performed the duties assigned them—that so lar as they could examine, they find the report correct, and that the arms, equipments, military stores, &c., are in excellent order, and kept in a situation highly creditable to the militarv store keeper. They also beg leave further to report, that they have acted on all things that have come properly before them, and therefore beg to be discharged from any further duties as a committee, during the balance of the session. Approved, December 22d, 1826. [No. 425.] In Senate, December 5th, 1826. Resolved, That his excellency the Governor be instructed to purchase for the use of Rabun county, five copies of the Georgia Justice and have the same forwarded to said county with the laws and journals of the present session, and that the same be paid for out of the contingent fund. Approved, December 22d, 1826. [No. 426.] In Senate, November 30th, 1826. Resolved, That the Solicitor General of the Ockmulgee circuit be, and he is hereby instructed to suspend all proceedings on the part of the State against William W. Brown, for the term of one year fro the first of January next, for the amount due the State by said Brown, for one year's rent of the ferry across the Ockmulgee river at Macon: Provided, the said William W. Brown shall pay the intq^est due on said debt, and that he give further security if required by the aforesaid Solicitor General: and provided, that nothing herein contained shall prevent the immediate collection of said debt, if the securities already bound do urge the same. Approved, December 22d, 1826. [No. 427.] In Senate, November 18th, 1826. Whereas, Murdock McLeod d posited his bond, with security, in the executive office for the faithful performance of the sur- veying of the first district of Dooly county : and whereas, the said McLeod has failed to perform that duty agreeable to the requisition of said bond : Resolved, That the Governor be, and he is hereby requested to have said bond put in suit against the said McLeod and his securities : Provided, the said Murdock doth not pay into the treasury of this State, on or before the first day of June next the damage the State has sustained in examining and resurvey- ingthe said first district of Dooly. Approved, December 22d, 1826. [No. 428.] In Senate, December 18th, 1826. Resolved, That his excellency the Governor, withhold the issuing of the warrant for the last quarter's salary of the State house officers until he shall be satisfied that all their books are brought up, and what by law they are required to do, has been done in their respective offices, in relation to the recording of papers and keeping their office books. Approved, December 22d, 1826. [No. 429.] In Senate, December 5th, 1826. Whereas, it frequently so happens that from the increasing population in the counties now laid out or in new created coun- ties, that new created militia company districts are frequently laid out and defined by a convention of militia officers and judi- cial officers appointed for the same: Be it therefore resolved, That his excellency the Governor be requested to purchase and have forwarded to the clerks of the Inferior Courts of said counties a number of the Georgia Justices and Prince's Digest of the Laws of this State, to allow at least one copy of each to each district, whenever the same shall be certified by a majority of the Justices of the Inferior Courts of said counties respectively ; and that his excellency "the Governor do pay for the same out of the contingent fund: Provided, that unless the same be forwarded with the laws and journals of the State, the expense of carrying the same to said counties shall not be paid by the State, but delivered to the order of the Inferior Courts of any county entitled thereto, by any person applying to his excellency the Governor. Approved, December 22d, 1826. [No. 430.] In Senate, December \$th, 1826. The joint Printing Committee, to whom was referred the proposals of the several printers of this city for printing the laws and journals of the present session, beg leave to report: That they have agreed to receive the proposals of Messrs. Camak & Ragland, at one cent per sheet of eight octavo pages ; the laws to be printed in three weeks after the close of the session, and the journals in six weeks thereafter. Your committee beg leave further to report, that Messrs. Camak & Ragland have made propositions for the execution of the laws and journals in a superior manner, at an increased price, which your committee beg leave to submit for the con- sideration of the Legislature. All which is respectfully submitted. Approved, December 22d, 1826. [No. 431.] In Senate, December 22d, 1826. Resolved, That Wiley R. Ector and Alexander Hall be, and they are hereby appointed commissioners to rent for one year to the highest bidder, the Mcintosh reserves, in Butts county, under the same regulations and restrictions pointed out by a resolution passed the 23d of December, 1825, directing the Inferior Court of Monroe county to rent said reserves. Approved, December 22d, 1826. [No. 432.] In Senate, December 21 st, 1828. Resolved, That the Governor be requested to direct the Comptroller General to proceed to have collected the sum of three thousand dollars, loaned to the Unacoi turnpike company, under the act of the 22d day of December, 1821, so soon at? the provisions of said act will authorize the same : and his excellency the Governor is hereby authorized to take and use all legal and necessary measures to carry into effect this reso- lution. Approved, December 22d, 1826. [No. 433.] In Senate, December 2d, 826. Resolved, That his excellency the Governor be requested to purchase six copies of the Georgia Justice, for the use of Glynn county ; also four copies of the same, and three copies of Prince's Digest, for the use of the county of Fayette, and for- ward the same to said counties, with the acts and journals of the present session. Approved, December 22d, 1826. [No. 434.] IN Senate, December V2ih, 1S26. Resolved, That Zachariah Coward be, and he is hereby appointed a commissioner of the Early county academy, in the place of William McDonald, removed. Approved, December 22d, 1826. 70 RESOLUTIONS.—1826. [No. 435.] In Senate, December 12th, 1826. The select Committee to whom was referred the petition of 'Joseph Delk, clerk of the Superior Court of Wilkinson county, have had the same under their consideration, and are of opi- nion that the prayer of the petitioner is reasonable and ought to be granted. They therefore recommend the adoption of the following resolution: Resolved, That the sum of one hundred dollars be allowed the said Joseph Delk, clerk of the Superior Court of Wilkinson county, it being the amount improperly paid into the treasury by ,the said Joseph Delk, as holder of public money; and that the same be placed in the appropriation law. Approved, December 22d, 1826. [No. 436»] In Senate, December 13th, 1826. Resolved, That the Treasurer be, and he is hereby authorized to refund the sum of one hundred dollars to the legal representa-' tives of James Cunningham, deceased, the same having been paid by said Cunningham for a license .to peddle; and it appearing that said Cunningham was deprived of the use of the license by \ sickness and death ; and that the same be inserted in the appro- priation act. ' ' * Approved, December 22d, 1826. , 1 • [No. 437.] In Senate, December 21 si, 1826. Theselect Committee to whom was referred the communication from the honorable John Macpherson Berrien to the President of the Senate, enclosing the memorial of (Jonathan Elliott, of the city of Washington, have had the .same under consideration, and beg leave to report, that by the said memorial it is proposed by Mr. Elliott, to publish the debates, resolutions, and other proceedings, in all the priginal thirteen States, on the adoption, of the Federal Constitution, as agreed to at Philadelphia on the seventeenth of September, seventeen hundred hnd eighty- seven : the first volume to be published in the month of January next. 1 s Your committee are of the opinion, that a work of this de- scription, if properly executed, wohld be productive of much important information, not only'to tips State, but to the whole. Union ; embracing as it would the opinions and views of many of our most illustrious'sages of the revolution on the present constitution. They therefore recommend' the adoption of the following resolution*: ; Resolved, That his excellency the Governor be required to subscribe for 16 copies of said work, for the use of the Legis- lature and Executive Department; to* be paid for out of any money not otherwise appropriated. Approved, December 22d, 1826. • - This balance, which on examination is found to be in the trea- sury, consists of the following description of bank notes, and other currency, viz.: Bills on the Bank of Darien, ... $590,501 " " " Planters' Bank, - 29,870 u v State Bank, Georgia, • - 153,605 " " " Augusta Bank, - 11,460 " " " United States Bank, - - . - 4,897 30 Silver, in crowns and half crowns, - - 1,640 60 " " dollars and half dollars, - 707 00 " small change, - - - ' 41 13 Balance, - -, - - - - $792,122 03 Your committee have also examined the list of executive warrants drawn on the' treasury, and find, as far as they are able to discover, that the warrants are drawn on the proper funds. . . 1 They recommend that document to be considered as a part of their report, and a very important part, as setting forth the manner and amounts of the public expenditure of the public moneys, and the various objects to which the funds of the State have been applied, than which no part of the transactions of the government is more interesting to the people, or should be more fully known andounderstood by them. ( Approved, December 22d,' 1826. [No. 438.] In Senate,1 December 12th, 1826. Resolved, That John McClain and Joseph Pinson be, and they are hereby appointed trustees of Clayton academy, in the county of Rabun, in addition to those already appointed. , . Approved, December 22d, 1826. [No. 439.] In Senate, December 1 6th, 1826. The joint Committee on Finance have had the subject of the finances of the State under its consideration, and take leave to offer the following report as the result of their investigations : The committee have examined the books of the Treasurer, and find that the entries of the receipts and expenditures cor- respond with the abstract of that officer, which was submitted to the Legislature near the commencement of the session, and referred to your committee, by which document it appears that the receipts into the treasury up to the 5th November, 1826, added to the balance on hand, when the present incumbent came into office, amounts to the sum of $1,008,280 18 The expenditures during the same time amount to the sum of - - * - - . 216,158 131 [No. 440.] In Senate, December 21 st, 1826. - Resolved, That Howell Cobb be, and he is hereby authorized and appointed, to rent out, at public outcry, all the Indian re- serves belonging to the State, lying in Houston cpunty, on the terms and under the same restrictions provided for in a resolu- tion passed at the annual Session of 1823 : Provided, That the said Howell Cobb do execute to his excellency the Governor a bond, with good and sufficient security, for the faithful perform- ante of his duty; and moreover, he the said Cobb shall adver- tise the renting of the said reserves at five of the most public places in the county aforesaid, thirty days previous to renting; and that he continue renting the safne yearly until otherwise disposed of. , Approved, December 22d, 1826. [No. 441.] J In Senati?, December 22d, 1826. Resolved, That his excellency the Governor be requested to have published in all the public gazettes of this State, the resolution passed at this session of the Legislature on the subject of calling axonventioh, at such times, and as often as he may think it necessary, to give complete publicity to the same. Approved, December 22d, 1826. [No. 442.] 1 In Senate, December 14th, "1826. ~Resolved, That Benjamin H. Harris, Augustus McLeod, and Norman McRea, be, and they are hereby appointed commis- sioners of the Montgomery county academy, in place of Moses Daniel and' Daniel Mcintosh, removed, and James McLeod, deceased. , Approved, December 22d, 1826. [No. 443.] Leaving a cash balance on hand of $792,122 044 , In Senate, December 20th, 1826. Penitentiary, December 19th, 1826. In compliance with the request of the Penitentiary Com- mittee, acting under the requisitions of a resolution of Senate of the 18th instant, directing an inquiry to be made into the causes of the late revolt and escape, of certain convicts from the penitentiary, &c., the inspectors of the penitentiary beg leave to submit the following, as the result of their examina- tion: ' ' As to the causes of revolt and escape, we can assign none; nor are we able to collect any other than a desire to free them- selves from their confinement, which they were persuaded could be effected under no other circumstances. RESOLUTIONS.—1826. 71 From what we can collect as to their obtaining the arms, am- munition, and spirits, with which they calculated on escaping, we believe that the ammunition and spirits were furnished by sojne negro women who were engaged in the spinning estab- lishment; and that the arms were some brought to the institu- tion for repair, but were never touched, and which the convicts who revolted and effected a temporary escape, fixed up in such a manner as to answer their purpose. For the discovery of means the best calculated to prevent a like attempt, we refer the committee to their own judgments and the opinion of the principal keeper. We cannot conclude without recommending to the committee the intrepid and praise- worthy conduct of John Bulger, one of the assistant keepers, and John Briggs, one of the guards, who successfully resisted the attacks of the revolters. William Green, \ John Bozeman, V Inspectors Penitentiary. Thomas H. Kenan, j The Committee on the Penitentiary, to whom was referred a resolution directing them to inquire into the causes of the late revolt of the convicts, &c., have performed, that duty, and now present the report of the inspectors on that subject, for the in- formation of the Senate. Upon which report your committee would recommend the following resolutions: 'Resolved, That the inspectors adopt such regulations as they may think most expedient to prevent such a frequent intercourse between visitors and convicts, and to guard particularly against furnishing them with spirits, and the means of making their escape. Resolved, That the conduct of the principal keeper, John Bulger, and John Briggs, in suppressing the insurrection and preventing the escape of the convicts,- is highly meritorious, displaying great firmness and personal courage, and deserving, in an eminent degree, the approbation of the Legislature ; and they recommend, as a reward for the services and intrepid ex- ertions of the said John Bulger and John Briggs, that a small appropriation be made in their favor. Approved, December 22d, 1S26. [No. 444.] In Senate, December 13th, 1826. The select Committee, to whom was referred the petition of Elisha Tarver, the security of Joseph Bennett, for the rent [of the ferry] over the Ockmulgee rivter, at Macon, respect- fully report: That they conceive the prayer of the petitioner is'reasona- ble and ju^|, and therefore recommend the following resolu- tion: Be it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the So- licitor General of the first circuit be, and he is hereby author- ized to suspend the collection of the amount due the State, on the bond given by the said Joseph Bennett and Elisha Tarver, security for the rent of the ferry over the Ockmulgee river, at Macon, for the year 1825, until the first day of January, 1828, upon the said Elisha Tarver giving good and sufficient security to the State for the effectual payment of the principal and in- terest due thereon. Approved, December 22d, 1826. [No. 445.] In Senate, December 8th, 1826. The Committee on the state of the Republic, to whom was referred that part of the Governor's communication, and the accompanying documents, which relate to the treaties of the Creek nation of Indians, and our differences with the general government, have had the same under attentive consideration, and ask leave to make the following report: The unfortunate misunderstanding between the general go- vernment and the State of Georgia, has been marked by fea- tures of a peculiar character, and plainly indicating a force and power in the former which should have formed the subject of concern, if not alarm, to our sister States. But we regret to say, the very reverse has been the fact; and a cold if not a reproachful indifference has taken the place of much more de- served regard. We are not unapprised of the influence of power, nor are we unmindful of the forbearance claimed from weakness; but we did believe that the structure of the federal government was such, its foundations so laid, as we fondly hoped, in the best and most generous feelings of the heart, as to have protected a sister State, if not from injury and oppression, at least from unnecessary insult and contempt. Your committee, speaking, as it sincerely believes, the senti- ments of the Legislature of Georgia, cannot but imagine that our wrongs are neither known or felt; or if either, in so slight a degree, as to be entirely misunderstood by our sister States. Entertaining, as we do, the most exalted veneration for the Union, in reference to its government, and the most unaffected attachment for the States in relation to the kindred affections, interests, and habits which bind us together, and believing that these bland relations are wholly reciprocal, we are at a loss to conceive how our repeated complaints have fallen upon the ear of so much benevolence with so much apathy, and our remon- strances turned aside with so little concern. It cannot be ac- counted for upon any other rational principle, than the one which is just suggested. It is not now the intention of your committee to betray a clamorous spirit of complaint. The regard which they feel for the dignity and honor of the State they represent, would, of itself, sufficiently admonish them to such a course ; but when to this is added the fact, which we can in great truth affirm, that we have not a single discontent against the federal go- vernment, considered in relation to its legitimate powers, there can be no necessity to swell our murmurs beyond the imme- diate acts which, as we conceive, have the rather sprung from the abused, than the exercise of acknowledged, right. In the good feeling and sincerity of the States, we have the most un- doubted confidence. In the integrity of purpose, honesty of mo- tive, and fidelity of service, of the national Legislature, we cannot feel one distrustful emotion. Before that body we be- lieve we can be respectfully heard; and to that body, we as firmly believe, the crisis has arrived when it becomes necessary to prefer a solemn appeal. And we would premise, in a tern- per of perfect respect, but of not less decisive earnestness, that it is a sovereign, and not a subject that sues ; it is an equal, and not an inferior that remonstrates ; it is an independent member of the Union, and not the subordinate creature of a family that complains : it is not for forfeited privileges we supplicate, but we seek the redress of violated rights ; and in this we cannot for a moment suppose, that the States in Congress assembled could desire to see us approach them in any other manner than that of an open, honest, and confident avowal of our grievance. The Executive department of the general government has, in fact and principle, distinctly asserted, that the States have not the exclusive jurisdiction of the soil within their chartered limits; that the Indians and the territory occupied by them, within the recognized and admitted boundaries of States, origin- ally independent, and acknowledged so by Great Britain, belong to the exclusive management and control of the general gov- ernment; and that the States have no right to exercise juris- diction over the one, or interfere with the other. It has not only asserted the right to prevent a State from exercising juris, diction within its limits, but it has given open proof of the fact, that it will become the ally of the Indians against one of its own family, and will actually wage war in the very bosom of a State, for what, in its own mere discretion, without regard to the opinion of the opposing State, may be deemed an infraction of the federal constitution: thereby at once establishing this monstrous doctrine, that the general government can and will connect itself with foreign nations in acts of hostility to the local measures of the States, and consequently turning their own power and resources against themselves. The principle is 72 RESOLUTIONS.—182G. avowed, nay, confirmed by the fact, that an armed force may ence by Great Britain, and long acquiesced in by the other be directly employed against a State, before recourse is had to States upon the most mature and solemn deliberation. Though the civil authorities of the government to correct Whatever real she has formed a compact with her sister States, yet, in every or imaginary violation of law may be thought to exist; thus stage of that much debated question, from the unsuccessful ex. using, at once, the strong arm of power in preference to the periment of Articles of confederation to the stiff stronger obliga. milder and more moderate course of legal investigation; a resort tions of a national constitution, she has inflexibly reserved the that deprives the citizen of the valued right of trial, involves rights of territory and jurisdiction, as received from the hands the country in all the horrors of war, and can only terminate in of conquered Britain, and she has never relinquished one particle the most unspeakable disasters. It has assumed the prerogative of either to the Union or any other government whatever. With to dispense with the established laws of the land, upon its own the exception of the territory now forming the States of Ala. unconstitutional pleasure, taking mpon itself " the sole right i to bama and Mississippi, every instrument between them may, in judge when they shall or shall not be executed,, prejudging vain, be searched for the least conception that will falsify this cases without a hearing and screening offenders without a trial, advisedly made and deliberate declaration. There is a public law of the land, wisely intended for the By the cession just referred to, the rights of Georgia received harmony of the Union, providing for the protection of the State additional confirmation, if such could have been needed, for it authorities against the insult and abuse of the military establish, gave the most unanswerable propf that the general government ment of the general government', an institution always haughty conceived our title, both to soil and jurisdiction, perfectly un. in its deportment, and often dangerous in its purpose. A just questionable. By purchasing part of our soil, they permitted complaint was preferred against a general officer of the Union, the remainder to be ours—by promising to extinguish the Indian under this well known law, for acknowledged insult and con- title to a permissive occupancy, they acknowledged that we had tumely offered to the Governor of the State ; and, though a that previous right, for it must exist,somewhere. Before this trial was formally demanded, it was as formally refused on the cession, they had no such right; consequently it was a concur- ground that the first insult was given to the officer; and yet a rent right derived from us, obviously obtained by our consent; much more meritorious officer for resenting an outrage, not and our consent as obviously implies an original right, the exer- upon himself, but upon his country, was not only tried, but cise of which ^conclusively settles the question of jurisdiction, disgraced at the instance of a petty Spanish Province. So far Apart from this view of the subject, if we have ever divested . as relates to/the States, ffie principle is now. settled, that in ourselves of this right, we claim an inspection of the instru- all future cases, for the protection of his officers, the President ment by which it was effected. Under this contract, then, for will be the exclusive judge of the nature, degree, and justification we affirm it can be found no ivhere, else, it is most wrongfully of their crime, before it shall be submitted to the authorized assumed, by the Executive Department of the general govern- and competent tribunals of the country; thereby making the law ment, that the Indians and their lands, within the chartered and a perfect nullity, and its object a still more vexatious mockery, conventional limits of Georgia, passed into the exclusive care It has asserted the principle, and confirmed it by the authority and superintendence of the national government, and that we of practice, that the federal government, is not founded in public dare not further interfere with either, unless we are prepared to ' opinion, or the just wishes and interest of either State or people, brqak down the legion of federal power, or have strength enough and that the views and inclinations of public functionaries, will to overcome its military arm. By virtue of these articles of be consulted and promoted in preference to the people whose cession, and, as it now seems, in pretended compliance with servants they are, and officers will be kept in power and made their obligations, a treaty was held at the Indian Springs in to rule over us, manage and direct our affairs, long after they "1825. It was constitutionally ratified, formally promulgated, have become perfectly odious, against our will, against our in- and as deliberately notified to Georgia. The State, believing terest,' against our solemn and repeated remonstrances* and, that under all its rights, both, original as well as those recently what is more intolerable, when it is well-known that their out- acquired for her use, by the general government, there could rages and oppressions come mixed with the most insupportable bemd difficulty in proceeding to a disposition of the territory, insult and derision. with a view to its final occupation and improvement—an object, An officer of the general government has been stationed near though long, and to her political standing and interests, injuri- the limits of Georgia, in charge of interests highly important to ,ously delayed, yet not the less urgent and desiratye—passed a' the State, where she was almost exclusively concerned, and, law in the succeeding June, for its distribution among her waiting in the execution of his trust, he has been so studious and un- and patient citizens. Every thing was done, that she could wearied in opposition to the feelings and wishes of Georgia, that rightfully do, and we regret to say, was permitted to be done, he has sought every occasion to thwart her views, defeat her by the superior, not to say capricious, power of the general designs, degrade her character, and this too in direct contra- government, to realize the full enjoyment of this property, the vention of the avowed, and it was hoped, sincere policy of his right which seems cle arly to have its expectant, and had assumed own government. The Executive of this State has respectfully an absolute vested character. Yet, in the face of nil right, both and earnestly remonstrated against the continuance in office of sovereign and vested, was another treaty held and concluded at a man so lost to the duties of his station, and so unmindful of Washington, with an entirely different party, though belonging what was due to his own government. This remonstrance has to the same nation, and all the rights acquired by the first been thrice repeated by successive Legislatures, of all parties became abrogated and annulled, and Georgia was required to and of 'all interests in the State, and yet it has been treated, if withhold her possession of any other land than that which was not with sheer contempt, at least with the most profound and specially permitted by the last. It is now fully ascertained, unmoved indifference—thereby evincing,, that the public good thai all the land of the first treaty is not contained in the second, weighs nothing when it conflicts with the interest of the public and it seems, to be as fully resolved that what the second Servant or the ambition of his irresponsible master. It has embraces, is all the State shall, upon her peril, receive, asserted in principle, which is not without the aid of fact, that ^ Your committee cannot but view this as a most appalling it can make and break treaties at pleasure, without regard to state of things. It believes, and so it is persuaded every in- the interest and desire of States, notwithstanding such treaties genuous mind will believe, that right is with, but power is against are exclusively confined to the rights of States, not in their us; and that the former, as all history will mournfully attest, federative but individual character—rights intimately connected can never successfully contend against the latter. It is a matter with their safety, inseparable from their sovereignty, and of anxious and fearful contemplation what must be the result of thoroughly identified with their territory and jurisdiction. The this collision, if we fail to enlist the well known justice and original territorial and jurisdictional rights of Georgia, are prudence of that part of the general government to which we deeply and obviously founded in her acknowledged independ- have now been compelled so reluctantly to appeal. In order RESOLUTIONS.—182G. place tliis question in a point entirely within the reach of every capacity, we would make l>ut one remark. Could the general government have annulled the treaty of the Indian Springs, by a treaty, in which were 10 acquire no lands at all, and by which we were placed, as formerly, at their perfect pleasure and convenience for another acquisition ? We presume no one will answer in the affirmative. Indeed the general government did not so conceive ; for it gave the Indians decid- edly to understand that the first treaty would not be revoked without a large cession of lands to Georgia; and we have no doubt that the Senate of the United States, acting under an honest and just sense of our rights, confidently believed that the second treaty conferred upon us all the territory claimed from the Creek nation of Indians. Now if this proposition be unde- niable, can any treaty be either just or constitutional that leaves out one single acre of the former purchase ? For it is impossible to conceive of the justness of a rule, in the application of which it would be good or bad, as to the whole, and not as to a part. As another most astonishing result, arising from this power claimed for the general government,of managing and controlling the Indians and the lands occupied by them within the chartered limits of old States, it is absolutely denied to the State of Georgia to enter the Cherokee nation either to ascertain the boundary between herself and her sister State, or to take any measures connected with the internal improvement of the State ; and this, too, within her well known and acknowledged limits. In- deed, this doctrine is so very strange, not to say alarming, that it requires no small degree of faith to give credit to an assump- lion so wild and extravagant; and therefore your committee, for the information of its own citizens, as well as to enlighten our fellow-citizens abroad on the subject of our wrongs, supposed by many to be fancied, would beg leave to embody the evi- dence of the fact in this report. The Governor, in a letter to the Secretary of War, states, " That our chief engineer, en- gaged in a reconnoisance under orders, and within the unsettled limits of Georgia, has been stopped by the Cherokees, and his further progress threatened to be arrested by force : and fur- ther, these infatuated and misguided people threaten to resist by force the execution ot the measures concerted by the go- vernments o Georgia and Alabama for ascertaining the di- viding line between the two States." In answer to this letter, the Secretary of W ar states, distinctly, that it is the opinion of the President, that these measures cannot be effected without the CONSENT of the Indians; and concludes, " The Presi- dent is persuaded that this consent may be obtained by arnica- ble and pacific means. If, however, it cannot, he deems a resort to coercive measures as altogether unwarrantable. If, in the justness of this view, the constituted authorities of Georgia should coincide, it will be gratifying to the President. But, to guard against the consequences of different views on their part, he feels himself required to 'protest, in the name of the United States, against the use of forcible and hostile means to effect the purposes referred to in your letter." These are some of the chief powers assumed by the general government over the rights of Georgia: but there are very many circumstances of peculiar aggravation attending their exercise, which have given keen and deep-felt mortification to the feelings of Georgia. As a sovereign State, in connection with others, as we fondly hope, upon terms of the most sincere regard and affection, all looking with no common solicitude to the maintenance of their own rights and dignity, we cannot but believe we shall kindle a sympathy strong enough, at least, to put down the force of prejudice too successfully arrayed against us, though we may ultimately fail in challenging a just and returning respect for our much abused and neglected privi- leges. We have been insulted by petty agents : we have been browbeaten and derided by Indians. Our Chief Magistrate at home, and our Representatives in Congress, while in the public service, and under the very eye of the general govern- ment have been compelled to brook the insolence of half- breed's We have been prevented, nay ordered, to desist from 10 surveying our own lands, when 110 possible harm could ensue, and when too the general government, under precisely similai circumstances, was carrying on its own surveys, among Indians unremoved from recently acquired lands—a privilege heretofore uninterruptedly enjoyed by every new and frontier State, and questioned only for the first time in the case of Georgia, one of the originial "thirteen States." We have had our Indian allies, those who long defended Georgia from the tomahawk of the very Indians who are now so high in favor, murdered in cold blood; their families, exiled from home, made wanderers and outcasts from the very country which but nine years ago was declared to be exclusively theirs, under the plighted faith and solemn written guaranty of the general government; and all these misfortunes, cruelties, and hardships they have been des- tined to endure, from no other cause, as we verily believe, than that of being the unswerving friends of Georgia. These are reflections which cannot fail to inspire the most touching sensi- bility: there is a point and anguish in their effect, which per- haps it were better to suppress than vent; and though, in si- lencing their upbraidings, a severe reproach is spared to the national character, yet it will be understood by every candid mind, as it must certainly be felt by every honest bosom. We cannot but trust that the authority to which we have now referred these unhappy differences, will duly appreciate the motive as well as the object of this appeal. Our reliance is upon the wisdom and justice of the nation. We want nothing more than we would be willing to grant; and if we know our own hearts, there is not a grievance we have enumerated, which, if offered to any of oVir sister States, we would not promptly resent and redress, and risking every thing, feel it a bounden duty to make common cause with the injured party. We want nothing that does not fairly belong to the State sove- reignties. To whatever our sister States will submit, in that we must acquiesce : if they would be contented with the treatment Georgia has received, and will come out with a public declaration of the fact, from that moment our complaints are hushed. We threaten no consequences: it would be idle and vain to do so. The loss of confidence and affection, by reason of neglect and disappointment, is consequence enough to a reflecting nation ; and a high-minded and generous people cannot turn from such a result without emotions of the deepest regret. Under this view of the subject, your committee beg leave to offer the following resolutions : Resolved, That Georgia owns exclusively the soil and juris- diction of all the territory within her present chartered and con- ventional limits, and, with the exception of the right to regulate commerce among the Indian tribes, claims the right to exer- cise, over any people white or red within those limits, the au- thority of her laws as she in her wisdom may think proper; and that she has never relinquished said right, either territorial or jurisdictional, to the general government, in any manner or by any instrument whatever ; and the exercise of such right by said last mentioned government, is illegal, unwarrantable, and unjust. Resolved, That the threatening a State with an armed force, and actually attempting to carry said threats into execution bv stationing the military on its borders, whether the conduct of the State thus sought to be overawed be right or wrong, is con- trary to the spirit and genius of our government, a fundamental principle of which is, that the military is subordinate to the civil authority: the former being the instrument of fatal ne- cessity makes a resort to the latter always indispensable in the first instance ; any other recourse is destructive of free govern- ment, subversive of State righs, and tending to the complete annihilation of State sovereignty. Resolved, That the refusal to arrest and punish a military officer of the general government, who had grossly violated a law of the land, in abusing and insulting the highest authori- ties of a State, is, as we conceive, an abuse of office, and if not properly atoned for, will and ought to leave this lasting re- proach upon the nation, that, even in republics, the law affords 74 RESOLUTIONS.—1826. no protection against the views of power or the resentment of the friendly Indians, have had the same under their considera- ambition. , tion, and ask leave to report: < Resolved, That the retention of a civil officer in power, after That by what is called a talk, on the part of the Indians, held earnest and repeated solicitations for his removal from a sove- on the 8th of March, 1817, with the general government, the reign State, through its highest authorities, in which there was friendly Indians explicitly stated, that " when General Jackson uncommon unanimity, and after, too, it was known to his treated with us he gave us to understand that the land which is government that he was not only opposed to its own views, but noy left us, Was left to us 'friendly Indians ; and we tell you was extremely inimical to the interests of the State in which now, that the same who were then friendly, are still your good he was placed, and highly insulting to her public functionaries, friendsand again they say, " our enemies have ruined our is an instance of contempt for the opinion of a State, and a country, and the little piece of land you have now left us, as disregard for the welfare of a large portion of the community, your known friends, was left as a proof that we were friendly; highly dangerous to the principles of representative govern, and we are assured that no interruption would be permitted, but ment, where the public servant acts for the people and not for that we would be permitted to hold and keep this land as belong, himself, and where, as soon as he becomes obnoxious to their ing to us always. We wish you to give us this assurance; for interests, he ought to be removed. , I ' we wish it from you before we go away." In answer to this Resolved, That the attempted abrogation of the treaty of the general government distinctly stated to the friendly Indians, the Indian Springs, by the treaty of Washington, in so far as through the honorable George Graham, the acting Secretary of it divested the State of Georgia of any right acquired under War, that " the land which was guarantied to you by the the former, is illegal and unconstitutional; and we feel, the ut- treaty, signed by General Jackson, and your chiefs and head most confidence, that when the general government comes to men, on the 9th of August, 1814, is your land; and your father be informed that Georgia is deprived of lands to which she had the President, who holds you and your nation fast by the hand, an unquestionable claim by virtue of the first treaty, it will will take care that no part of it is taken from you, except by the think with us in this regard, and, actuated by its accustomed *fee consent of your chiefs and head men, given in council, and sense of justice, will take speedy steps to remove all obstruc- f°r ^ valuable consideration.".. Yet these sqlf same friendly tions to the full enjoyment of this, at present, contested right. Indians have been driven from these very guarantied lands, and Resolved, That the assertion of the President; that we have '.hat t?° b? the hostile Indians against whom they sought protec- no right to enter the Indian country within our own limits, for tlon> bfause ^ had fought against them for Georgia and the the purpose of ascertaining the boundary, and effecting mea. general government. And in their expulsion they have suffered sures connected with the peaceable objects of internal im. the most trying hardships, such as it would now be unavailing provement, without the consent, of the Indians, is a doctrine [° dfcrib?> but which spems to demand some reparation at the which this State-will not admit, and against which it does'most bands °f the white people, their former friends, and to whom solemnly protest. In this she has every confidence of the sup. tbey haw rendered some of the most useful and hazardous set. port of her sister States, especially those who have so long and Ylces' Tbey hJYe fled to the frontiers of Georgia, where they so uninterruptedly enjoyed a similar, right. And his solemn have found a refuge, and have been sheltered, fed, and clothed, protest againdt any measures contemplated by the State to ex. Forthese W1*®* and acti? ofJkindnesf, °n the part of our citi- erthef right over this necessaiy and essential part of her soVe- ?ens, something is certainly due ; and we hope and believe, it reignty, is an instance of dictation and federal supremacy !s f"'? necessary to satisfy the general.government of their unwarranted by any grant of power to the general government, J^tnef, and the a^ua fact of having rendered to secure at and which, we trust tnd believe the National Legislature will once their immediate attention and discharge: and to this end, nrnmntixr dlamw . your committeewould recommend the following resolution : ^ * y * 1 ' . . That niir .^SanafArc! anr? Ponroeonfofitroa in Pnnm Resolved, That a separate copy of this report, with the docu- Resolved, That our Senators and Representatives in Congress ments necessary to support the facts therein' detailed, be for. be vofinosted to use their best exertions to procure from the ge. warded by his excellency the Governor to our Senators and nerd government ^me rehef for the friendly Indians, and espe- Representatives in Congress, to be by them respectfully pre- mafly sat.sfect.on to our own citizens, for the aid, relief, and sented to each branch of Congress, with a rdquest thai they ,8.uPPhea> a®>r?ed $ thefm ° 8ald (ln'Jlans' » .tbe'r W fr0.m use their best exertions to have redressed the grievance? of be nat!on dur!"S the unfortunate troubles which took place in this State in the various particulars to which this report has he spring and summer of fest year; and that said compensa. reference; and for the futare harmony of the States, to request t'onbe a®*ded as early as practicable for the frontier sellers of that body to make an explicit declaration of the rights that hav,e ^ to §r^at tr?uble and exPense to farmsh the belong to the national government, and those which belong to ®ai .j1 r ?? q2p!!' S° mUC S°' aS ° ecome in urn ver^ the State of Georgia, (and consequently the other States,) re. ,s,« • suiting from the immediate differences of opinion specially Approved, December 22d, 1S26. eilRe«)Zred|^That hts^ceUem^the Governor be requested to , . , b chJ* ^T\Decef hf 1826, forward also a copy of this report and the documents hi the Go- nuI^^^rgatinggrea^xp^se aS delay hfthe'dispatch of vernor of each State in the Union, with an earnest and respect j ... , l-aa ♦ .u i fu> request that he lay the same before the legislature of his, ^Ss ^ f ^sofrom £ State: and they are hereby most affectionately and respect. .P ^ g number of memblrs in both branches of the General fully solicited to express to th.s State whether they are prepared Assembl ® the house set , f their deliberations will not Georgia is hound and must submit to the treatment which she u } d Tifat the^ fenVafelectiin for members conceives she has most wrongfully sustained at the hands of of ^ Genera, j.ssemb the yofefs ^ requested to signify ,» Annr CU ppnahpr 22d lsy?6*161^ £overnmeu • the ensuing Legislature whether they wish a convention for the Approved, December 22d, 1826. special Md exclusive purpose of altering the 3d and 7th sec. • tions of the 1st article of the constitution of this State, so far as J_No. 446.] In Senate, December 20th, 1826. to authorize the reduction of the members of ther Senate and The Committee on the state of the Republic, to whom was House of Representatives, and to be apportioned hereafter upon referred that part of the Governor's communication, and the the principles of population alone; and in order to ascertain accompanying documents, relative to the distressed condition of the sense of the voters on this Subject, those who are in favor of RESOLUTIONS.—1826. 75 a convention, will please endorse on their tickets the word made to depend upon a certain contingency, and that contin- " Convention;" those who are against, it, will endorse the words gency is of the general government's own creation. It sup. u No Convention." poses that there is such a misunderstanding between Georgia Approved, December 22d, 1S26. and Alabama, as to present an insuperable obstacle to any further purchase of territory by fresh negotiation. This is not [No. 448. J lN Senate, December 20th, 1826. the fact, for admitting that there was doubt, as between the two The Committee on the state of the Republic, to whom was States, where the line should run, it cannot be a matter of any referred the Governor's communication of the 9th instant, with concern to the Indians. They can have no apprehensions now, an accompanying letter from the Secretary of Wpr, dated 27th whatever may have been their fears before, as to the direction November last, have had the same under consideration, and of the line and the quantity of land they might lose. The beg leave to report: Secretary of War "thinks it highly probable that he should That so far as relates to the alteration of the boundary of have succeeded in obtaining their relinquishment, the more Georgia, by what is called the new treaty, little need be said especially as even by the line run by the Georgia commission, by your committee, inasmuch as the general government, in the ers, there is less than 200,000 acres of Indian lands." Let the letter of the Secretary of War, disavows any such intention ; general government, then, go up to the line run by the Geor- though your committee are of opinion that said treaty is sus- gia commissioners, and leave the dispute between the two States ceptible of such construction. The constitution of Georgia, in to be adjusted as they think proper. If the lands could have defining the western boundary of the State, claims to the west, been obtained at the time the new treaty .was made, provided the ern bank of the Chattahoochie river, so far as that river is made dividing line had been run, there can be no good reason why the line; and the articles of cession of 1802, between Georgia they should not how be obtained since it is run ; and as to any and the general government, recognize the same line. In the feeling which the Indians may have in the controversy between second article of what is termed the new treaty, and repeated Georgia and Alabama, they cannot be so much affected by its in the supplemental article of the same, the middle of the Chat- issue as to make it a matter of any consequence to their interest tahoochie river is distinctly made the line between Georgia and how it terminates. Your committee ipust therefore believe the Creek Indians ; and by the 13th article of said treaty, " the that the supposed difference between Georgia and Alabama, United States agree to guaranty to the Creeks all the country presents no impediment to an immediate extinguishment of the not herein ceded :" so-that, if by this guaranty the general Indian title to the lands left out by what is called the new treaty, government mean to secure to the Indians the absolute right to and if persisted in so as to delay the acquisition of the dis- these lands and one half of said river, during the pleasure of the puted territory, it must be clear to every understanding that our parties, (and the term can mean nothing else,) your committee embarrassments are far from being near their termination, with great deference conceive, that such an indefinite assurance especially if, as is intimated, the new treaty is to be considered does amount to an altefation of boundary; and if the Indians valid. The Secretary of War does not admit that it was the should never choose to cede any more lands to Georgia—a doc- intention of the last treaty to include all the territory in Geor- trine they have been allowed not only to indulge but to avow-^- gia ; he only " thinks it highly probable," if the line had been the above conclusion will, as they think, be readily perceived run between the two States, he might have obtained it. And by any capacity. speaking of the President's design to have opened fresh nego- Your committee, in placing its construction upon the other tiations for the "purpose of procuring the fragment" left out, and part of the Secretary's letter, think they perceive a determina- that he will hereafter, in a certain event, attempt to "effect an tion on the part of the general government to adhere to the entire cessions" are to your committee very plain indications new treaty, giving a promise, however, that as soon as our diffi- that the new treaty is to be regarded as the one by which Geor- culties are settled with Alabama, an opportunity will be em- gia must abide. If so, the state owes it to herself, to enter braced to carry into effect, by fresh negotiations, if practicable, her solemn -protest against such a procedure, and, relying upon the entire cession of the Creek lands. And, but for this diffi- the validity of the old treaty, go on to occupy the lands acquired culty with Alabama in fixing the dividing line, it was the inten- thereby, until prevented by a force either moral or physical, tion of the President, the moment the line had been established, to which, by the laws and constitution of the government, it will to open fresh negotiations with the Creeks, for the purpose of be her duty to submit: and this, as he trusts, will be shortly procuring any fragment of land such line might have left of ascertained by the appeal she had lately been compelled to theirs within the limits of Georgia. Now, it must be obvious make. to every one, that the future acquisition of this fragment is Approved, December 22d, 1826. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1820. ("No. 449.1 In the House of Representatives, November 21 st, 1826. Whereas, Lovick Peirce, of Green county, has recovered from the purchasers of University lands in said county thirty-six acres, belonging to several lots of said land, whereby said pur- chasers are entitled to a deduction on their bonds of the price of the lands so recovered; but it being for the benefit and con- venience of said purchasers to return said land, and said Peirce having proposed to relinquish his title to the purchasers holding under the University title : Resolved, That so soon as the Treasurer of this State is notified by the secretary of the Board of Trustees of said University, that said Peirce has relinquished his title to said land to the individuals claiming the same under the University title, said Treasurer shall pay to said Lovick Peirce the sum of three hundred and fifty dollars, that being the price for said 76 RESOLUTIONS.—1826. land, by the original purchasers, and that the same be printed in the appropriation bill to be passed this session. Approved, November 29th, 1826. * i , [No. 450.] In the House of Representatives, December 12 th, 1826.' Resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the principal engineer be directed forthwith to make a survey of that section of the Oconee river lying between the mouth of Fishing creek and the present boat landing, and report to the Legislature as soon as practicable the probable cost of rendering navigable the said section, and the manner of executiug the said object. Approved* December 20th, 1826. ■ 1 [No. 451.] In the House of Representatives, November 18 th, 1826. Whereas, the navigation of the Savannah and Tugalo rivers is highly essential for, the purposes of commerce tQ the citizens of South Carolina and Georgia: And whereas, the State,'of South Carolina, through their Governor, has recently corres- ponded with the Executive of Georgia, and manifested a will- ingness to co-operate in commencing topographical examina- tions, by the selection of persons to the discovery of a know- ledge of the nature, the ascertainment of the existeribe and character of the obstructions to navigation, the probability of removal, and the supposed ^accomplishment of such improve- ment in point of extent and expenditure : . Be it therefore resolved by the Senate and House of Represen- tatives of the State of Georgia, in General Assembly met, That his Excellency the Governor be, and he is hereby requested to reciprocate, with the State of South Carolina in the proposed mutual co-operations to the improvement of the navigation of the Savannah and Tugalo rivers, and to continue such corrps- pondence with the Executive pf South Carolina, as is best cal- culated to promote the end of so desirable an object, and one so obviously prominent in point of local and commercial cha- racter to both states, in originating a mutual ratification and agreement of the stipulations of the articles necessary to be consummated by concurrent acts of the Legislatures of both States. ■ , v , Approved, November 24th, 1826. [No. 452.] In the House of Representatives, November 18$, 1826. Whereas, John Keener, of Bibb county, now of Upson, be^ came security for Lawson Keener for the rent of the ferry , across the Qckmulgee river at the town of Macon, for the year eighteen hundred and twenty-two, for which rent a judgment for upwards of twenty-one hundred dollars, with interest and cost, has been recovered against the said John Keener; and the Legislature of eighteen hundred and twenty-four, on the said John Keener's paying all interest and cost which was then due on said judgment, and giving satisfactory security to the Solicitor General of the Flint circuit, for the principal and interest which might thereafter fall due on said judgment, stayed all fur- ther proceedings on said judgment until the first of January, 1826; and the said John Keener having availed himself of the benefits of said resolution, since which, time an execution founded on said judgment has been levied on the property of John Keener, and the same has become subject to a sale on' the first Tuesday in December next: Resolved* That all further proceedings be stayed on said 1 execution for one year from the first day of January next; Provided, that the said John Keener do pay by the first day of January next, the interest and cost which have accrued on said execution, and eight hundred dollars of the principal, and the sheriff.Having made the levy aforesaid, suspend the sale of said property until further orders from the Solicitor General of the Flint circuit. Approved, November 24th, 1826. In the House of Representatives, < ' December 13 th, 1826. Resolved, by the Senate and House of Representatives, That the Governor be, and he is hereby required to cause a suffi- cient number of copies of the act of the Legislature passed at this eeskion, to extend the time for giving in for draws in the contemplated land lottery, to be printed, to furnish the justices of the Inferior Courts of the severaPcounties of this State with one copy each, and the clerks of the Inferior and Superior Courts with one copy each, and also to caus<3 the same to be published'forthwith in the several gazettes of Milledgeville. Approved, December 20th, 1826. [No., 453.] In the House of Representatives, "December 12$, 1826. The Committee to whom was referred the communication from the Comptroller General relative to T. F. Wells, Attorney General, being in arrears for a considerable amount of public money, have performed the duty assigned them, and they find that, said Attorney General is in arrears to the state about twenty-seven hundred and fifty-two dollars and eighty-seven cents. It further appears, that he has been called on, by a rule nisi before Richmond Superior Court, to pay over said money to William W. Holt, Esq., who was July authorized to rule him for the same, and his honor Judge Schley ,refused to sustain the rule against him, upon the ground that the Attorney General is an officer of the State, and that there are other modes pre- scribed and, pointed out in the constitution for proceeding against him. : v . While your committee approve of the vigilance and fidelity of the Comptroller General, and while on the other hand they a^e disposed to approve of the decision of his honor the Judge, they feel, themselves constrained to offer the following resolu- ition by way of address to the Governor: ' Resolved therefore, That his Excellency the Governor be, and he is hereby authorized and required, two thirds of each branch of the Legislature concurring, to remove from office the said T., F. Wells,. Attorney General of this State, on the first day of March next, uniess the said Attorney General shall, before the first day of March next, pay over to the pro- per officer all the moneys heretofore collected by him for the State, with the. interest now required of him by law which shall be found due, and in his hands, after allowing him such fees and commissions as shall be Treasonable and just, or shall give by that time good and suffibient security to the Governor and his successors in office for the payment thereof, on or be- fore the first day of January, eighteen hundred and twenty- eight, with interest at the, rate of eight per centum from the time such security shall be given until paid, or show good » cause to the contrary. * Approved, December 20th, 1826. [No. 454.] In the House of Representatives, December 20$, 1826. Resolved, That his excellency the Governor be authorized to appoint and commission an officer to take command of the de- tachment of troops about to proceed to the protection of the southern frontier of the State ; Provided, his rank be not higher than that of lieutenant colonel. Approved, December 21st, 1826. [No. 455.] In the House of Representatives, 1 December 16$, 1826. The Committee, to whom was referred the petition or memo- rial of sundry citizens of, Jasper county, in favor of James Wade, a free man of color, beg leave to report: RESOLUTIONS.—1826. lhat they have had the same under consideration, and think the prayer of the petitioners to be reasonable and just, and ought to be granted. They therefore recommend the adoption of the following resolution : Resolved, by the Senate and House of Representatives of the State oj Georgia, in General Assembly met, That the tax col- lector of Jasper county be, and he is hereby required to re- lease and relinquish to the said James Wade, the tax imposed on him by law, by reason of his neglecting to comply with the requisitions of the same : Provided, the said James Wade shall leave the State within six months. Approved, December 21st, 1826. [No. 456.] In the House of Representatives, December A6th, 1826. The Committee on Finance, to whom was referred the peti- tion of Benjamin Cook, beg leave to make the following re- port: Your committee are of opinion the prayer of the petitioner is reasonable and just, and therefore should be granted; and recommend the following resolution : Whereas, the said Ben- jamin Cook having removed from the county of Elbert to the county of Henry, and was returned as a defaulter, by the re- ceiver of tax returns, to the collector of taxes for the county of Elbert, in eighteen hundred and twenty-five, and having enrolled his property and paid his tax for the same year in the county of Henry : Be it therefore resolved, by the Senate and House of Represen- fatives of the State of Georgia, in General Assembly met, That the tax collector of the county of Elbert be, and he is hereby requested to suspend all further proceedings which may have taken place against the said Cook; and the Comptroller Gene- ral of this State be, and he is hereby ordered to settle with the tax collector of Elbert county, by allowing him a credit for the amount of said tax so returned against said Cook as a de- faulter. Approved, December 21st, 1826. [No. 457.] In the House of Representatives, December 1st, 1826. Whereas, doubts are enter1 ained whether the receipt en- dorsed on the execution issued from the Comptroller General's office, against William W. Oliver, a defaulting tax collector, was obtained by him for money paid in good faith to James Bryan, late sheriff of Scriven county : Be it resolved, That the Attorney General be authorized to join in an issue upon the disputed fact to be tendered by the said William W. Oliver, and tried by a petit jury in Scriven Superior Court, from whose verdict an appeal may be had to a special jury as in ordinary cases. Resolved further, That all proceedings under said execution be suspended until the final determination of the case hereby authorized to be made : Provided, that the said William \\ . Oliver, at the next term of the Superior Court of Scriven county, shall tender the issue to the Attorney General, and shall not continue the same more than twice. Approved, December 6th, 1826. I No. 448.] Ij* the House of Representatives, November 25th, 1826. Resolved, That his excellency the Governor be, and he is hereby authorized and requested to purchase and furnish the commandiag officers of divisions, brigades, regiments, batta- lions, and companies, one copy each, of the late approved dis- cipline on Infantry Tactics, which has been adopted for the United States army : Also, one copy, to each of the general officers, of the Rules and Regulations adopted by the War Department for the Government of the Army of the United States, and that the same be distributed with the laws and jour- nals of the present session. Approved, December 6th, 1826. [No. 459.] In the House of Representatives, December 12 th, 1826. Whereas, the expression of opinion by the people of this State, in their legislative capacity, in favor of an individual who will unite their sentiments and meet the undivided support for the Chief Magistracy of the United States, is calculated'to operate beneficially throughout the Union, and give to our fel- low-citizens in every section of it, evidence of the unanimity which prevails on a subject so important, and so deeply inter- esting to our common country : Be it therefore resolved, That the people of this State look with confidence to the election of Andrew Jackson to the high and responsible office of President, as a hero, statesman, and patriot, whose services, in times of difficulty and danger, were freely rendered to the country ; whose moderation, purity of character, and acquiescence in the voice of the majority, fully evince his republicanism and his attachment to the laws and constitution ; whose energy of mind, and soundness of judgment, and discretion in the Senate andv in the field, emi- nently qualify him for, and entitle" him to, an office in which the exercise of these qualities are required, and the display of those virtues constantly elicited. Approved, December 20th, 1826. [No. 460.] ' In the House of Representatives, December 15 th, 1826. Whereas, his excellency the Governor has received and com- municated to this Legislature information, that recent murders have been perpetrated upon certain citizens of this State, on the Florida line, by the Seminole or lower Creek Indians ; and that murders have been repeated near the same place, upon individuals living on the Florida side of said line : And, further, that ten Indians, painted and prepared for hostilities on the t'ron- tiers of the State, have been taken by the United States force stationed in that quarter, from whom information is received that two hundred Indians are embodied, and ready to make an invasion upon the settlers of this State ; and the danger of such invasion being so imminent as to admit of no delay : Resolved, That his excellency the Governor take immediate steps, by the use of the militia or volunteer companies of this State, to repel said invasion as he may think proper, and in suf- ficient force; either by arms or fortifications, to afford protec- tion to our frontiers; and that the expense of sajd expedition be defrayed out of the fund appropriated for military purposes. Resolved, That as it is provided by the eighths section of the first article of the federal constitution, the general goverment is bound to suppress insurrections and repel, invasions, and also by the fourth section of the fourth article of said constitution is pledged to protect each State against invasion, that the Go- vernor without delay call upon the general government to afford its aid and support in the exigencies herein before mentioned, and to ratify what may be done by the Governor in this behalf; and to the end that the burden of expense attending such expe- dition shall not fall upon this State, in the use of its military force for repelling a sudden invasion, and warding off 9, press- ing and imminent danger, an accurate account of said expense be kept and presented to the general government for reimburse- ment. Approved, December 20th, 1826. [No. 461.] In the House of Representatives, December 13 th, 1826. The Committee on the state of the Republic, to whom was referred the petition of Col. Wm. Melton, for himself and others, who performed certain militia services in the yuars ninety-two, three and four, on the frontiers of Georgia, and praying compensation for the same, have had said petition ujider their careful consideration, and beg leave to report: The claim belongs to that class of cases emphatically called the Georgia militia claims, and which have so often been pre- sented to the general government for satisfaction. Your com- 78 RESOLUTIONS.—1826. mittee believe it to be a just claim, but as firmly believe the claims of the Georgia militih. There is something peculiarly obligation for its discharge rests with the general government, hard in taking from a State the right to use its military The refusal to satisfy these claims cannot but be a matter of force, except in certain cases,. compel the State to con. great regret, if not surprise, to Georgia. If there is any one tribute to the maintenance of that force under the direction consideration more than another that entitles the federal go-' of the general government, and. in a few years after having verment to our respect and admiration, it is the uniform good pledged the national faith to give protection, to see that State faith with which it has always complied with its pledges. In- suffer the most unspeakable injuries from-murderous jnvasions, deed it is proverbial for this estimable trait, and the unbounded and refuse her satisfaction for repelling them with her, own credit which it sustains in all its moneyed transactions affords force, and that force used too by every right that could sanctify ample proof pf the factbut your committee are constrained to its exercise. It is this View of the case, which has authorized believe that in this instance of these claims there is a depar- your committee to intimate the appearance of a want of good ture from this elevated and wonted 'character, doubtless result- faith ort the part of the general government, not, however, ing; not fropi design, but from an improper understanding of designing to chhrge the same as by any means wilful or inten. their true merits. Georgia was one of the first^ Slates that tional. Your committee therefore recommend the following readily and heartily entered into the Uniop under the present resolution : federal constitution, adopted, as will be recollected, in "the Resolved, That Congress be respectfully requested to take year 1787. In that constitution the States yielded the right to the Georgia militia claims once more under their serious con- the general government to regulate and conduct the whole sideration, and to afford the relief which seems, as Georgia military force of the Union, and especially to " call, forth'the. would with great deference alledge, to be so justly due to those militia to execute the laws of the Union, to suppress insurrec- individuals who defended the frontier of this State against the tions, and repel invasions." This was not all, the constitution invasions of the Indians, at a time when the emergencies would tied up the hands of the States from the hostile use of arms/or not admit of a delay, and when the general government was the engaging in war unless actually invaded, or in such immi- not prepared to afford the support and protection contemplated nent danger as will not admit of delay ; by. which, every one by the constitution, but was afterwards approved and confirmed at once must perceive, there was an undoubted pledge to pro- by them ; and that his excellency the Governor be requested tectthe States. The general, government was to repel inva- to take measures to have this application submitted to Con- sions, but when jier immediate aid could not be had, and the gress. • ' , necessity of defence became so urgent" as to admit of no delay, Approved, December 20th, 1826. - ' tben the States were authorized xto fight for themselves. But —i it must be obvious the general government cduld not be released [No. 462.] ^ In the House of Representatives, from the obligation to pay the expenses, as well when the , . 1 December 19th, 1826. State/ from inevitable necessity, were, compelled to protect Risohed the General Assembly approve the measures themselves, as when the tnvastons were repelled by the general alread ,aken b hu excellenc . the Governor,-and that he be government itself. Protection was due from her by contract; authori2.ed and requested to emplov and put in service any of the allowing the States to do it, in particular instances was only the military force of this. Stat/he' may deem proper to -' , a modification of the manner, of affording that protection, the iavasion made by the Indians upoa tbe fr0^ier' settlements leaving her still bound to discharge the cost The situation of of tbis Slat6j and t0 give complete protection to the same, the States, especially the frontier ones, rendered them pecu- ^solved, That his excellency the Governor be requested to liar y liable to invasions, and from the then recent troubles, as dispatch without delay aIl express t0 the Littl6 Prince of tbe well as the character of the enemy from which invasion might Creek nation> and demaad of him tbat he win immediately ap. be expected, there can be but little doubt that the very cas® prehend and deliver to the authorities of Georgia the Indians upon which these claims are founded, was fully, in the eye of wj10 jjave committed the recent depredations on the frontiers of the convention, when the constitution was framed. tys gtate. From the moment of the adoption of this constitution, while Approved, December 21st, 1826. many of the States, from their internal situation, were rapidly ' ' r ' improving in population and wealth, the State of Georgia, as [No. 463.] In the House of Representatives, every one knows, was subjected to a constant harassing inva- ' • December-20th 1826. £» ^r°m 5*1® rr* eile!ny* 3™° Resolved, That his excellency the Governor be requested, State was retarded, the progress of improvement was arrested. A • f, T \ ' the arts of industry were suspended, and the whole frontier,' after the first day of Wry next to send some compelent sur- four hundred miles in extent, presented a scene of the most !e>'or,to exara'ns tke tentk d>sl*lct <* Irwin now heart chilling massacres and desolating ravages. Thesebloody Low"des county and report whe her the same has been sur- and waste-laying depredations could no longer be repelled by veyed accordmg to law; and if ,t is found not to be surveyed the voluntaryy exertions of the frontier settlefs, who alone for according to .law his excellency the Governor is hereby re. years, without the aid of either State or general goverment, ne thousand notes for fractions delivered to John Ke.ll, late Solicitor General, dollars on or befofre the first day of July eighteen hundred and for collection ; for bonds, notes, &c., delivered to; Bedney twenty-eight, and the entire balance on or before the first day Franklin, late Solicitor General, for collection ; for lots sold in of July, eighteen hundred and twenty-nine : Provided, further, Milledgeville; for bonds, notes, of other securities, given for that on failure of the said defendants, or either of them, to the University lands ; and the amount due on the installments 1 comply with .the terms offered in this resolution, that,it shall be for fractions sold in eighteen hundred and twenty-three; and the duty of the Solicitor General of the Oclsmulgee circuit to that the Comptroller General report particularly the names and ' proceed without delay to haye one half of the amount due on amounts, due by all defaulting Attorney and Solicitors General, saicl judgment collected from the said Isaiah Favor, one of the tax collectors, and other agents, having, the collection of the said defendants, and then have the execution sent to the county public moneys, with the amounts received by each respectively, of/Bibb, and ,Have the balance1 due on said execution collected and not accounted for; and that said reports be made during without delay from Luke J. Morgan, another of the said defend- the first week pf the'next session, , - ants: And whereas, there is satisfactory evidence that the said* .Approved, December 22d.; <1826. Isaiah Favor; brie of the defendants, has, paid the sum of two / < , —:! . ■ :-> thousand dollars on said judgment: and whereas, the said defend- [No. 472.] In the House of Representatives,ants are equally bound ns securities, and it is just and right they ' " ; December 2pth, 1826. , pay in equal proportions; - Whereas, at the term of the Superior Cpurt of Ihitnam courityy < Be it therefore resolvedb That any further proceedings be sus- lipid in March, eighteen hundred and twenty-five, a judgment ' pended against the said Isaiah Favor until an equal amount be was obtained in favor of the State against John 'A. Cuthbert, collected from the said Luke J, Morgan of Bibb county, and Isaiah Favor, and Luke J. Morgap, for the sum of four thousand then to be equally bqund for the balance due on said judgment; six hundred arid ■—— dollars, on which two thousand dollars Provided, nevertheless, that „nothing in this resolution shall be has been paid: ' &nd whereas, by a resolution passed* on the so construed as to release the said Isaiah Favor from the final twenty-ninth day of November, eighteen hundred arid twenty-, , payment of- said judgment, .in the event of the said Luke J. five, ifis provided that.the execution shall not be levied oji the Morgan's proving insolvent. ,. / property of the aforesaid defendants, if they, pr either of them, Approved, December 22d, 1826., '''7 >/^/-R:LB;OL;UTl6]V^ ■-:/: / ; WHICH ORIGINATED IN THE SENATE, IN l£27i [No. 473;} • , 'In Senate, December l9tA, I82V, ;; admit of constriction ; and that if there was a serious objection ■- The joint Committee on the state of. the Republic, to which to. the constitutibn, it existed the rather in leaving the federal go- was referred the resolution of the Senate, instructing an in- vernment tdo weak and defenceless to resist the encroachments quiry into the right and propriety of the Corigress of the United of the States. Against this alledged error of the great majo- States appropriating moqey from the public treasury of the rity, a few voices were heard warning the people of that error. Union in aid of the Colonization Society, report .: , V These warnings, like the warnings of the prophets of old, were That assuming, as ,a fact well known to this Legislature, that disregarded or forgotten; and it is only now, when time has the American Colonization Society has declared its intention made ihemprpphecies, and those prophecies are in the,act of to make application to the Congress of the United States for an fulfillrnent, that the wisdom !and foresight of those great men appropriation in aid of its funds, your committee believe that who gave them utterance have been generally acknowledged the time has arrived, when it .becomes the imperious duty of in the Southern States ; it was only when, ina recerit difference the General Assembly of Georgia gravely end firmly to enter between the federal government "and the State .of Georgia, the its protest against the right of Congress to make such appro- Chief Magistrate/of that government,.emboldened by the silent priation. If, on the final adjournment of that great assemblage acquiescence of "the States in its~ gradual encroachments, had which formed the. constitution of the United States, any one declared his right, and the tight of Congress, to settle that dif- had. declared that the genius, the < wisdorq, and the patriotism ference by the sword of the Union ; it was only when the then there combined, had totally failed} to effect the objept of the Chief Magistrate of this State,guided"and actuated by the purest convention-—that instead of creating! a government pf .limited and. most devoted feelings of affection for that Union, and by powers,, they had, by the careless insertion of a fe w words, , his right and just/ sense of his high responsibilities, threw himself vested that government with , absolute " and unlimited sove- fearlessly upori the ramparts of the constitution, there to sacri- reignty—that man would have been laughed at for his folly, or fice himself in its defence ; it was only when the States to the branded as a demagogue. It is true, that some did apprehend. East,the North, and the We£t, stood by this scene in silence, for- and predict, that as the new government advanced from infancy getful of their own deep interest in that contest, or, if a voice into the full vigor pf life, attempts would be made to grasp, by was raised, that voice was an approval of the threatened viola- construction, those powers which, had not. been expressly tion of rights common to them and to; us; it was only when granted by the convention ; but the great mass of the people, those States seemed to have forgotten that part of the compact, believed, that the terms of the grant were too well defined to by which all the States became mutual guaranties of the rights RESOLUTION S.—1827. 83 reserved to each ; it was only then that the people of the South were aroused from their fatal lethargy; and it is only now that they begin deeply to feel, that the preservation of their happi- ness-and. prosperity depends upon the preservation of that con- stitution .as it came from the hands of its makers, and feelingly to know, that this can only be effected by union among them-, selves, and by a firm determination and mailly resistance to any attempts to merge these free and sovereign States into one grand, unlimited, consolidated government. It was from these views and these convictions, that your com- mittee have deemed it their duty to give to the subject submit- ted the most grave and serious investigation ; and although in the discharge of this duty, they can hope to present but litlje which is new, yet they hope they will have effected the object of their appointment, if they succeed in compressing • within a narrow compass the opinions and arguments of others, which they believe to be irrefragable. The federal compact was a compact made between inde- pendent sovereignties, for the general benefit and welfare of the whole, by which each, to effect that object, relinquished to a common head, portions, and like portions, of its sovereign power, reserving • to itself the exclusive enjoyment of the resi- due, and by which all became mutual guaranties to each of the absolute and exclusive enjoyment of that residue. It was an association of independent and absolute sovereignties, all believing, that by the concession of certain of their powers, which could not be fully and separately exercised by each, without interfering and clashing with the exercise of the same powers by others, those powers so conceded could be exercised most beneficially and efficiently for all. Such were the powers, and the only powers relinquished, or intended to be relinquished by the States; and all the powers which could be'exercised by each, in a way sufficiently beneficial, and without clashing or interfering with the exercise of the same powers by the others, were intended to be retained by the States in their separate capacities. If this was the true intent and meaning of the parties in framing and executing that compact, and your com- mittee cannot doubt that it was, then, it irresistibly follows, that Congrqps cannot, by implication, derive from that compact pow- ers to do any act which can interfere with the just and full ex- erciSe, by the States, of powers which each can within itself exercise in a way sufficiently beneficial to itself, without clash- ing or interfering with the full exercise of the same powers by any other State within itself: such are the powers of each State to make roads and canals,, and regulate its slave population within its own limits. Whenever, therefore, it shall become a question, whether a particular power is vested in the general government, such question can always be determined by refer- ence to this test. But it is not the intention of your committee to enter into the discussion, on the present occasion, of what are the 'pow- ers granted or what retained by the States; or whether the federal government possesses other powers than those expressly defined in the constitution; for they deem such discussion, in its full extent, wholly unnecessary to a correct decision on the inquiry submitted to them. The question is, has Congress power to appropriate money out of the common fund to aid the Colonization Society, or for objects, to attain which that so- ciety was established ? The most strenuous advocates of the rights and powers of the federal government have never ven- tured to contend that jt is other than a government of limited sovereignty : they have contented themselves with insisting only, that in addition to the powers expressly granted, it pos- sesses all powers necessary for carrying into full effect those given powers; and, in a few instances, apparently trifling in themselves, but of immense magnitude when taken as prece- dents, (finding that these sources of power have failed to sus- tain them,) they have sought for' shelter under the flimsy cover, ing of the words in the 8th section, 1st article, "provide for the common defence and general welfare of the United States." Such is the case now under consideration. No one can have the hardihood to contend, that there is a word in the constitu- tion which expressly gives to Congress the power to make the appropriation in question ; or that the exercise of such power is necessary for the full and effectual exercise of any power expressly granted: nor is there in that constitution any other clause than the section above referred to, which, by any con- struction, could be strained into a grant of such power. On these words then, are the advocates of this appropriation com- pelled to rest the issue of their cause; and on the intent and meaning of these words, as applicable to that issue, your com- mittee are prepared to join in that issue. It will scarcely be contended, that the establishment of an African colony, at the distance of three thousand miles, on a barbarous and pestilential shoVe, or that the liberation of the $lave population of the South, is necessary or essential to the common defence : nor do your committee believe, if those ob- jects were effected, that they would be for the general welfare of the Union. The. establishment of distant colonies would, by extending our relations, multiply the causes of foreign wars: and the existence of slavery in some of the States cannot, as your committee can perceive, influence in any manner the in- ternal prosperity or affairs of the other and distant States. On the other hand, they believe.that the liberation and transporta- tion of the slave population, even if it could by any possibility be effected, would impoverish and depopulate the southern sec- tion of our country, while it would diminish the welfare of the negroes themselves. But it is not the intention .of your committee to inquire into the expediency of the measure, for it has been well and truly said by one who has felt and thought deeply on the subject, that to rest the exercise of the power in question on its expediency, is to give up the right and to subject ourselves at once to all the evils and mischiefs consequent upon its exercise. Your committee have based the issue on the ground of right: they deny the power of Congress to make such appropriation; and thCy say that if the question of power is to be determined by construction, and by construction alone can it be claimed, then they say that it is manifest on the face of the constitution itself that the Convention intended to prohibit Congress from the exercise of such power. It has been ably argued by a writer in an adjoining State, and, as your committee believe, conclu- sively, that the words " general welfare" above referred to are words of limitation, and not of grant of powers : that they do not give Gongress a right to appropriate money at its discretion, but limit that body to such appropriations as are for the welfare of the whole Union. But your committee deem it unnecessary to examine what are the appropriations which Congress can con- stitutionally make under these words, whether they be words of limitation or not, but will confine themselves to the question, whether from other provisions of the constitution, the clause can in either case be relied on to prove that it was the intention of the convention, by the insertion of those words, to give the power to Congress to make the appropriation in question. If your committee are correct inthfe opinon that the conven- tion meant to grant to the federal government only those pow- ers which could be fully and efficiently exercised by a single sovereign, and which could not be fully and separately exercised by the States individually, without clashing and intefermg with each other; and that all other powers were reserved to the States-respectively; and if this separation and designation of powers was deemed so important, that by any amendment of that constitution it was declared in express terms, that the powers not delegated to the United States, should be reserved to the States respectively, or the people: then it follows that it could never have been the intention of the framers of that instrument, to graht to the federal government any power to appropriate money in a manner which could interfere with, disturb, or control the States in their fullest exercise of the powers reserved to them. But your committee believe that such argument, on general princi- pies, will become unnecessarry to the support of the position 84 RESOLUTIONS—182T. which they have taken, if they c^n, produce a clause in the con: Congress a flower to appropriate the common fund to the re- stitution of reservation by, the States, which would be rendered moval of the slave population of the country ? absurd and worse than useless, provided the convention intended v Your committee have done with the argument. It has been under that clause of the eighth section of the first article to presented with the scile view of satisfying the people of Georgia, give to Congress the power contended for. Where the mean- that their representatives here assembled, in entering a protest ing and effect of every word was carefully Weighed and re'- against the' exercise of such tprnal as well as external*; 'drat they cannot and will riot, even That the people of the South, at the time of1 the adoption of for the preservation of that Union; permit their rights to be as. the constitution, considered not only the retention, but the hi- < sailed. They will not permit their property to be rendered crease of the slave population, to be, all-important to the welfare worthless1: they will'not permit their wives and their children and interest' of their States, is manifest from a reservation in to be driven as wanderers into strange, landsthey wiirhol per- that instrument itself, which, it Cannot doubted, was inserted mit their country to be made waste and desolate, "by those on their express requisition. By the first Clause of the pinth , who conie among us under the cloak of a time-serving#and section of the first article, it is provided "that the, migration or hypocritical beneVolence." But how is this increasing evil to importation of such persons as any one of the Spates'how ex- be met and* remedied 1 . Nothing can be hoped from remon- isting shall think proper to.admit, shall not be prohibited by the strance : the judicial tribunals of-the Union canriot reach it: Congress, prior to the ypar eighteen hundred hnd eight.?* Who our own Legislature can by no. enactment prevent it. How were the persons here meant ? Africans. And for what pur-; then is * this' evil to be remedied ? Only by a firm and deter- pose were they to be imported ? vTo be sold in slavery in the mined union of the people, and the States of the South, de- Southern States. Who then were the parties interested in claring through, their legislative bodies, in a voice which must making such reservation ? The people of the South, and they be heard; that they are ready arid willing to make any sacri- alone. • What was the motive of those people in insisting upon fice, father than submit longer to such ruinous interference: the reservation of .the right to make such importation for twenty anff warning their enemies that they are 'unwittingly preparing years ? Unquestionably to increase that species of population, a mine, which once exploded, will lay our much loved country Why increase it? Because they believed it to be essential to in one common ruin.. Your committee,hope that such a ca- the improvement, welfare, and prosperity of their section, of the lamity is yet far distant, and that there is still remaining in the country; arid upon the numbers of which, by another provision Congress^ of the Union sufficient discretion, intelligence, and of the constitution, the weight of the Southern States, in the patriotism to avert it altogether. With that hope; they deem it general council in part depended. If such were the motives, unnecessary now to do more than to recommend the adoption and what other could there have bden ? for the insertion of,that of the following resolutions: reservation, can it b'e believed, that those very people meant, Resolved, bi/ the Senate and House of ^Representatives of the fiy another clause, to give to Congress-the power to appropriate State of Georgia, in General Assembly met, That the Congress money put of the common fund to which they were so largely of the United States have no constitutional power to appro- to contribute, for the purpose of again Removing that very popu- priate moneys to aid the American Colonization Society, or for lation, the right to increase which, was so carefully reserved; objects to effect which, that society was established; and that that they insisted upon retaining the right to import Africans, this Legislature representing the feelings and will of the peo- merely again, and in part at their own expense, to re-export pie, and the sovereignty of the state of Georgia, denying the them to the shore from whence they had been brought—yet right, solemnly protest against the exercise or any attempt to •such would be the effect of the constructive power contended exercise, such unconstitutional power by the Congress of the for. Your committeeVnow ask, if it can be believed for a mo- United States. ment, that it was the intention of the convention under those And be it further resolved, That copies of the above report general words of the 8th section of the first article, to give to anfi resolution be forwarded to our Senators rind Representatives RESOLUTIONS.—1827. 85 111 the Congress of the United States, and that our Senators be instructed, and our Representatives be requested, whenever circumstances may gender the same necessary, to present the said resolution to both Houses of Congress, as the protest of the state of Georgia against the right of Congress, constitu- tionally, to appropriate moneys in aid of the American Coloni- zation Society. And be it further resolved, That a copy of the above report and resolutions be forwarded to the Governor of each slave holding State of the Union, with a request that the same shall be laid before the respective Legislatures, asking their concur* rence in such constitutional mode as to them shall seem best to prevent the exercise of such power by the Congress of the United States. Approved, December 27th, 1827. [No. 474.] In Senate, December 19th, 1827. The Committee on the state of the Republic, to whom was referred so much of the Governor's communication as relates to the powers of the general government, claimed and exercised for the purposes of encouraging domestic manufactures, and effecting a system of internal improvement, beg leave to make the following report: The Committee are aware that it is assumed by the general government, as expressed in the decisions of the Federal Court, that State Legislatures have no right to complain of its usurpa- tions however formidable or fatal. That the general government is said to be " truly and emphatically a government of the peo- pie," and therefore entirely out of the reach of representative bodies whose soje duty it is to keep within the sphere of their own delegated trust. It would seem that if even such a pre- tension were admissible, it should be considered no great breach of decorum, for a sovereign State through its, highest known authority to approach a "government it had contributed to establish, with a subject of complaint, especially when it is pbr- ceived that much inferior bodies are patiently listened to, and listened to with effect. While manufacturing companies and self-created delegates, pretending to represent whole States, assemble for the purpose of directing the Congress what mea- 'sufes they must adopt, surely the Legislature of a State without much violence to any known rule of modesty, may respectfully offer a counter remonstrance to such a growing temper of dicta- tion. But it is not in this humble manner that your committee would recommend the Legislature to prefer their just complaints to the general government. They claim it as a right to remon- strate with that government on all measures which they may conceive violative of the fundamental principles of its institution; They affirm that those who create a delegated government have lawfully the power to restrain it within its proper bounds, and maintain the doctrine asserted by Luther Martin, in his address to the Legislature of Maryland, at the time of the adoption of the federal constitution, that " the proper constituents ol the general government are the States, and the States are to thai government what the people are to the States, that this is entirely within the spirit and intention of the federal union." In sapport of this, as well as other principles which Will hereafter be presented in this report, the committee will frankly own they can offer no- thing new to the Legislature, for it is a subject that has been so much discussed, all must be familiar with its details, nevertheless, with the above acknowledgment, to embody some of the leading objections to the course pursued against the rights of the States, will not, it -is hoped, be considered improper. The people cannot be too well enlightened on this subject. First then, the committee contend that the States, through their Legisla- tures, have a right to complain of, and redress if they can, all usurpations of the general government. They maintain " that the terms of the grant in the federal constitution did not convey sovereign power generally, but sovereign power limited to par- ticular cases, and with restrictive means for executing such powers and further, that the powers " were delegated not by the people of the United States at large, but by the people of the respective States, and that, therefore, it was a compact between the different States." Composed as the States were'at the close of the revolution, being independent then of each other, as they were previous to that event, and in the exclusive possession of self-government, it will be readily admitted there could be but two ways to form the general government, either by '< com- pounding the American people into one common mass," giving up their State governments and suffering the majority to govern, or by continuing their State governments and delegating a part of their power to the general government, for the protection of the whole. Under one or the other of these methods has the general government come into existence. Now no one will pretend to say, that it was under the first named method the power was not delegated by the people, composing one great consolidated community, but by the people of each State, uncon- nected with and independent of the people of the other States, in their corporate capacity. If the history of this transaction is attended to, every one ipust be convinced that, from first to last, it was a procedure of the States, and not of the people composing one great political society. They were separate and distinct before the revolution; they confederated as States for the purpose of more effectually conducting them through that struggle; they remained inde- pendent and were so acknowledged, with all their rights, terri- torial and municipal, at the close of it. By States t'he proposition was made to enlarge the powers of the confederation. The States appoint delegates for that purpose; they assemble, make and Submit to the States a constitution, expressly declaring that when the same is ratified by nine out of the thirteen States, the same shall be binding, and the States are still found exercising independent and sovereign control over their ungranted powers. Now if the assent of a majority of all the people,of the United States was necessary to ratify this instrument, was it not as easy to have so declared, as to say that nine out of thirteen States should effect that object ? Would it not have been more inielli- gible and have better answered the purpose, if such was intended, than the mode adopted ? But that this was not intended was obvious trom the fact that according to the plan pointed out for the, ratification of the constitution, more than two thirds of the States ungiit have received the instrument, and yet a majority of the whole people would have rejected it. For instance, at -the first cefisus in 1790, Massachusetts, New York, Pennsyl- vania, and Virginia, had '56 members out of 105 in Congress ; at the second census in 1800, they had 74 out of 141, and in 1810 they had exactly one half of twenty-three States. Now every one must perceive, if these four States had alone voted against the Constitution in opposition to all the rest, the instru- ment would nevertheless have been adopted, and clearly adopted against a majority of the whole people of the United States. The absurdity of this result, to wit to have a government, founded upon the will of a minority, is so extravagant as to refute altogether the idea that the federal' government is " truly and emphatically a government of the people." But it is contended that the constitution was ratified by the States assembled in con- vention, and that therefore the people of.each State adopted it. This is granted ; and in what other way could it have been ra- tified ?—This is the only way that the sovereignty of the State could act. It was the sovereign consent of the State that was asked ; this could not have been expressed by any one branch of the government of the State, for the sovereignty does not lie in any one branch alone. But after the people of each State had, in their sovereign capacity, delegated a portion of their sovereign power to the general government,and that government received it as a trust, every one must perceivb, that as the peo- pie ot each State cannot always remain in convention, for the purpose of taking care of their reserved, and guarding the ex- ercise of granted powers ; and as they have in their State con- stitution granted the residue of the power not previously con- ferred upon the general government to their own Legislature* except such as are specially given to the executive and judicial branches of the government, in no manner partaking of a repre. RESOLUTIONS.—1827. ' tentative nature, it follows that the care of this trust as well as every other interest of the people of each State not granted to the co-ordinate branches of the State government, belongs to their Legislature. To make this idea clearly Understood : All power is in the people ; they are obliged to exercise, it by re- presentatives ; they grant a portion of it to the general govern- ment; the residue is distributed among their own legislative, executive, and judicial branches of government; the watching and superintending of the power granted to the general govern- ment so as to keep it within its proper limits, must remain some- where., The people act alone by their State authorities; this right is not with the executive or judicial authorities oftJheJState the conclusion is irresistible, that .their representatives in Gene- ral Assembly met, have the right to protect the States from the usurpations of the general government, and to remonstrate against any act that shallencroach upon the powers reserved by the people, and granted to their own government: under this firm conviction, the committee claim for the Legislature the right to protest, and earnestly remonstrate against the exercise, on the part of the general government, of any undue powers, and es- pecially a power assumed by them to encourage, domestic ma- nufactures, and to effect a system of internal improyeirierit within the States. We know that all complaints are listened to with jealousy and sometimes with contempt, and unfortunately, this State has had -stronger evidence of this, than the general truth' of the remark., But we likewise know, and if it were necessary, we could produce more instances of the fact than is ( furnished by the American revolution, that, a long course of abuse, en-, croachment, rind oppression, folio wed-up after repeated warnings and; respectful expostulations, have terminated in a convulsion fatal to the affections which generally bind together either men or nations. - We do most solemnly deprecate such an issue of the attachment which we bear to the general government, and if that government entertains a faithful recollection of, all his- tory'on thus subject, and is not borne away by the pride of sU- perior power and strength,'which-usually, closes the ear to just remonstrance, there is yet no danger of such a res,ult. But if, reckless of the fact, that the only true cembnt of .the Union js^a generous and high-minded affection of its members for each otherj and that no sordid motives of speculation or selfish desire to prosper upon each other's injuries or misfortunes has brought them-together, it must be obvious: to every understanding, that an uncompromising course* of self-willed legislation upon sub- jects so long and so'often Objected to, must inevitably end in the worst of Consequences; ' , ' If the subjects of domestic manufactures and internal improve- ment depended upon .the question of expediency, we should have nothing to say, for that is a matter purely within the power of Congress ; and although we shpuld.greatly deplore the adop- tionand continued prosecution of a policy, obviously grinding down the resources of brie class bf the States; to build up arid advance the prosperity Of another of the same confederacy, yet it would be ours to submit under the terms of our compact. All argument is vain against interest supported by power. But we do most solemnly believe, that such policy is contrary to the let- ter and spirit of the federal constitution. All must agree, that the best method of ascertaining the in- tention of the framers of the constitution, wherever the power is doubtful, is first to go to the letter of the power, and then to the history of its origin as contained in the journal of the conven- tion. This is the method we propose to pursue in relation to the two subjects just above expressed. „When we ask for the letter of the above power, in the consti- tution, there is a diversity of opinion on the subject, and we are pointed to various passages in, that instrument, by various ad- vocates of the general government's right, not uniformly agree- ing among themselves on the different clauses conferring this right. Now this uncertainty of itself ought to create great doubt, and in all free government, doubt and forbearance in re- lation to the exercise of power, cftight to be synonymous. But most persons refer to that particular clause of the constitution, Which gives to Congress the power to regulate commerce with foreign nations, and among the States. Before we examine this point with reference to its particular jmport, it will be proper to lay down som'e general principles, which made the establishment of the federal government at all necessary. If the intelligence arid moral character of the States were altogether sufficient for their own internal police, (and that it has been, stands fortified by the piost ample experience,) wherefore the pecessity of a general government ? Every body perceives that the laws which would do for the municipal regu-. lation and internal affairs of Massachusetts would not do for Georgia; and therefore, a government to legislate for both, in those particulars, would be absurd and ridiculous. What then was it that made these two States finite in what is called a ge- neral government ? 'Does any one believe it was. that both States ghould legislate for the particular interest of one, and against the particular interest of the other ? Or to come more to the point, that both should legislate for the promotion of the manufactures of the one,, and directly against the agriculture of the other ! No one can believe this, unless he is prepared to say that the weaker State was utterly destitute of all sense of self- preservation. The exclusive inducement and sole motive then to the TJnion, Was, ,first "commerce, and secondly the common defenceEvbry one must at once perceive, who has any knowledge of the history-of- the times, that at the close of the revolution the States were left in the most "ruinous condition as to their public debt and credit; that to commerce every State looked as the only efficient source to relieve them from their burdens, and as each State had exclusively the right to regulate its own trade, the utmost perplexity arid confusion must have resulted from the great diversity,of interest which existed among them. Commerce, too, is the fruitful source of war. To regulate, then, a matter so essential to the welfare and peace'of the States, Considered as neighbors, who. had just corpe out from a most disastrous conflict the common dangers and sufferings of which had greatly endeared thenr to each other, rind to defend this - interest from internal arid external aggression, was the true and' only ground of the confederation. , Or, iri the language of an able writer, all that was desired "was^a federal head to regu- late commerce, and a federal arm to protect us." To' secure these objects, all the powers granted in the.constitution are entirely referable.' It is a general government, and there- fore the powers are general. The States never intended to give up one particle of power that related to their internal police. " All the powers of the general government are national, that is .' to say; they are suited to, the whole corfederation as one nation; they are not to' operate partially, sp as to affect one State and not another. All the powers granted by the general govern- ment, with the exception of taxation, the States cannot legislate upon, so that wheriit is necessary to ascertain the powers which belong to each, it is alone tested by this principle—if the gene- ral government can legislate upon it,' the States cannot, and vice versa. The two governments do not possess concurrent power of legislation on the same, subjects. The federal court has declared that " it is the genius *and -character, of the whole government that its action is to be applied to all the external and internal concerns which affect the States generally and equally ; but not to those which are completely within a particular State, which do not effect other States, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government." , With these general reflections, let us proceed to consider the right of the general government to encourage domestic manu- factUres, under the right to regulate commerce. It is readily conceded that any law regulating commerce for its sole advan- tage, or for the purposes of revenue, which shall incidentally pro- mote the interest of manufacturers, will be perfectly reconcila- ble with the power to regulate commerce ; but the inoment it loses sight of either of those objects, then it is a departure from the spirit and true intent of the constitution; and a breach in that regard, according to all interpretation of law, is not less RESOLUTIONS.—1826. 87 illegal than a violation of the most express provision in the instrument. If commerce was one of the prime causes of the Union ; if it was the source to which each State looked for its prosperity ; it surely was the intent and interest of the whole to have it so regulated by the general government as to be product- ive of the greatest possible advantage to the confederation. In giving up their great source of wealth to the Union, no one can believe it was for any other effect thqm to be encouraged, fostered, and promoted by all the means which the united ener- gies of all the States could exert. In the power to regulate commerce, no one could possibly conceive there-was entertained a lurking principle to destroy it; yet every one must admit that the direct tendency of encouraging manufactures is to produce that effect. And in proof of this assertion, commercial men, commercial cities, from one end of the Union to the other, raise their hands and voices in the most earnest opposition to this singular method of regulating commerce by promoting manufactures. But there is another view of this question which is worthy of peculiar notice. It is a principle which no one will deny that what is directly forbidden cannot be indirectly effected. Now, the federal constitution, in granting the power to regulate com- merce, was so fearful that the regulation might be made to ope- rate partially upon the States, to the benefit of some and injury of others, that it declared " no tax or duty shall be laid on arti- cles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another." If, then, no regulation of commerce or revenue could directly be made to^act unequally upon the States, how happens it that a regulation concerning manfactures, bot- tomed upon the power to regulate commerce, can lawfully have that effect ? In other words, if a law compelling Georgia to pay duties to Massachusetts for the protection of her commerce, would be unconstitutional, how does it happen that a precisely similar law to protect manufactures, derived from the right to regulate commerce, is not equally so ? In carefully consulting the journal of the convention, nothing appears on the subject of manufactures until the 18th of August; on that day this power was proposed to be given, to wit, " to establish public institutions, rewards, and immunities for the promotion of agriculture, commerce, and manufactures." On the 20th of the same month, another proposition, " to assist the President in conducting the public affairs, there shall be a council of State of the following officers : among others, the Secretary of domestic affairs, who shall be appointed by the President, and hold his office, during pleasure. It shall be his duty to attend to matters of general police, the state of agricul- ture and manufactures, the opening of roads and navigation, and the facilitating communications through the United States and he shall, from time to time, recommend such measures and establishments as may tend to promote those objects." These pro- positions were referred to what was called the committee of detail, and afterwards, on the 31st of August, was referred, together with some other reports which this same committee had partially made, to a; grand committee, composed of one member from each State. On the 5th of September this committee reported, among other things, the following propo- sition which is now found standing in the constitution, to wit: "To promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclu- sive right to their respective writings and discoveries." This clause then, is all that could be produced from the unequivocal propositions' to grant the power to the general government of encouraging manufactures : And what is it-? The right to pro- mote science and the useful arts. Under the first, no one will contend that the power to protect manufactures will result. It must be, then, under the last. And there is no doubt under the expression of useful arts, as distinguished from the term fine arts, both agriculture and manufactures would properly fall. All persons will agree that no arts can be more useful than agriculture and manufactures. Every one must, at the first glance, perceive, that if the clause had been slopped at the words " useful artsthe power to promote manufactures would have been full and complete beyond all cavil. But does it stop there ? Is it a general or limited power ? And if a limited power, how is it limited ? Let common candor answer the question, not by protecting duties, not by imposts on foreign exports, not by premiums and bounties, but " by securing, for limited times, to authors and inventors, the exclusive right to their respective writings (in science) and discoveries," (in the useful arts. Now says an able advocate of State rights, " If a power to promote a specific object, by a prescribed mode, does not exclude the power to promote it by a different or other mode, then there is no truth in a universal maxim, (in law and logic,) that ' the expression of one thing is the exclu- sion of another.'" The restrictive words upon the power to promote the useful arts, must have paeant something : and is any one so uncandid as not to own that it was merely to " se- cure to ingenious men patents for their inventions ?" Writings and inventions would alike benefit all the States : being gene- ral, they would have an equal and impartial operation over the whole Union: not so by encouraging the fabides that resulted from these inventions ; for some States might possess greater means, both moral and physical, to produce them. The inventor of the plough might be rewarded ; but no one will contend that it should entitle the ploughman to an exclusive privilege over the- weaver. Nor would a. patent for the steam loom authorize a peculiar indulgence, to its cloth over the hard earned bread of the planter. These being all local and partial operations, would subject the States, if submitted to the legislation of the general government, to the most unequal effects, and wholly subversive of that principle which we have already mentioned, that the " action of the general government is to be applied to all the external and internal concerns which affect the States generally and equally; but not to those which are completely within a particular State." Manufactures had been proposed in the convention, and so had the sciences, and all that could be possibly obtained for them was the provision we have just explained. Every one must believe, if more had been in- tended, more could have been given ; for iiever was a subject so entirely before a deliberative body, than was that of manu- fa,ctures before the federal convention. But there is another section of the constitution, which, when taken in connection with the history of its adoption, places this question beyond all doubt, and for the exposition of which the committee are indebted to an able southern writer on the sub- ject of federal powers. " It is the following: " No State shall, Without the consent of Congress, lay any imposts or du- ties on imports or exports, except what may be absolutely ne- cessary for executing its inspection- laws; and the net pro- duce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress." Those who will consult the struc- ture of this clause in the journals of the convpntion, will find that perhaps none other was more disputed; and that a very different object was intended from that of levying a trifling duty to execute inspection laws. What was that object ? It cannot be discovered from the clause itself; and perhaps none in the constitution has been so often read without a knowledge of its true intent and meaning. To grant the State the privilege of imposing duties beyond what is necessary for inspection laws, merely to go into the national treasury, seems to be perfectly idle. What benefit is it to be to the States ? Some was cer- tainly intended, and fortunately there is at hand a key to this mystery.. It was to enable the States, within themselves, if they desired it, to protect their own manufactures, by the impo- sition of export duties on the raw materials, or imposts upon foreign fabrics. Without this construction, every body must at once perceive that the clause is- useless and ridiculous, and is the only feature of the constitution without meaning or motive. But, happily for the interest of the agricultural States, we have 8S RESOLUTIONS.—1827. , a cotemporaneous and complete explanation of the object and of August, a distinct and full proposition to grant that power intention of this clause. Mr, Luther Martin, a delegate of the was rejected by the convention; and the committee would convention from the State of Maryland, in giving to his State herp observe, that many of the' remarks which they have made an exposition of the constitution, on this particular clause indig* on the subject of manufactures, will be strictly applicable to nantly remarks, "Every State is also prohibited from laying this subject, But in addition to what has been submitted we any imposts or duties on imports and, exports, without.the per- have to state, that the following facts are to be found on the mission of the general government. It was urged ,by us, that journal of the convention, to wit: on the 18th of August it was there might be cases, in which it would be proper; for the pur- specially proposed to vest in Congress the power "to grant pose of encouraging manufactures, to lay duties to prohibit the charters of incorporation in cases where the public good may exportation of raw materials ; and, even in addition to the du- require therri, and the authority of a single State may be ties laid by Congress on imports for the sake of revenue, to lay incompetent. ' , a duty to discourage the importation of particular articles into "To establish a University. a State, or to enable the manufacturer here to supply us on as " To encourage byTproper premium's and provisions the ad. good terms as they could be obtained from a foreign market, vancement of useful knowledge and1 discoveries. But the most that could be obtained was, that this power might "To establish seminaries Forthe promotion of literature and be exercised by the States with, and only with the consent -of the arts and sciences. ' > Congress, and subject to its control: and so anxious were they " To grant charters of incorporation.' , to seize every shilling of .our money for the general govern-' "To establish public institutions, rewards, and immunities, ment, that they insisted even the little revenue that might thus for the promotion of agriculture, commerce, trades, and manu- arise, should not be appropriated to the use of the respective factures'; and to regulate stages on the post roads." Now, States where it was collected, but should be; paid into the trea- where are any of these powers to be found in the federal con- sury of the United States ; arid accordingly it was so deter- stitution ; and what course of reasoning can entitle them to a mined." Besides fully accounting for the clause in question, place in an instrument purporting to contain nothing but ex- what are the rational, inferences from the foregoing quotation1? pressly defined powers ? But this is not all. On the 14th of* In the first place, we see that the power of Congress itself to lay September, only three days before the final passage of the duties ,on imports, was for "the'sake of revenue" alone. In constitution, some, still anxious to enlarge the powers of the the next place, aside from*the fact, that the subject pf manufac- general government, after the instrument was presented forthe tures had been before the convention arid settled to be promoted adoption of the convention, proposed " to grant letters of jncor• only by patent, if there ^had been any power reserved, tq the poration for canals," h,c., which was rejected, general government to ,encourage that' object, . Mr. Martin . The committee are aware that the subject is far from being Would not- have asked for that right to the States, -seeing thaf exhausted, but time ,wbuld Fail them to present all the objections the only manner in which it could be done was forestalled by which could be justly preferred against the course of the ge- the constitution, in conferring uporv Congress "the exclusive neral government. ' Less could not be said, for the subject- is right to[ impose duties on imports. The States bejng engaged' of such growing magnitude, and is producing sensations of such iii different pursuits, all subject to clashing interests, a general> just inquietude among the-people of the South, that they ought power coUld not be given,to the federal government tp regu- to be.made thoroughly acquainted with all its bearings, and cer- late such a local Concern. Accordingly it Was placed as it should tainly can never be tpo often admonished to be prepared for the pe, at the discretion of each State, who might protect its own worst events. The committee are fully sensible that every manufactures-if it should choose to do so, without calling upon degree of moderation is due to the question, upon which they its sister States'to bear the burden. Adopting the ideas of a have founded the, present serious complaintbut they owe it profound writer on this subject, surely a. State does not wish to-truth and sincerity., to say, that it is their decided opinion an greater - advantages by the Union, than would be enjoyed by increase of tariff duties will ancl ought to be resisted by all .her confederates. Surely she does desire more; at the ex- legal and constitutional means, sp as to avert the crying injus- pense of her sister States, than, she would possess if she tice of such ah unconstitutional measure, remained free and. independent. Surely, if sovereign' and. They are constrained too tq say, that this State ought to op- independent of the whole world, she would not lay duties> to pose in every possible shape the" exercise of the power, on the encourage her own domestic manufactures, because ft would part of the general government, to ehcolirage domestic manu- oppress her commerce and Agriculture : she will not wish their factures, or to promote: internal improvement. They will ndt prosperity at the sacrifice ojf the very same interests of her pretepd at present to recommend the mode of opposition; but. neighbors ? If there is any State that desires her manufac-. they will recommend the peaceable course of remonstrating tures to be promoted, why does she not avail herself of the express', witff Congress on-the subject, and of asking of that body to provision intended for that purpose ? Is it because it wiffinjure pause before it proceeds any further in measures that must her other great concerns ? And have other. States no interests inevitably destroy the affection of some of the States for the tq affect ? If a State has the power by the constitution to do general government. It will detract nothing from tfie firmness exactly what she might do. if .alone, and it is her interest to do. or wisdom of the Congress to listen to the voice of-State Le- so, why does she not proceed to encourage her manufactures gislatures, while it is Considering the memorials of manufactu- by the appointed means? No: the fact is, such a State wants the ring companies. profit without the burden of such a measure ; anil as long as she * If to the contempt of right, there Should be added the jea- can tax her associates to answer her purpose, her own commu;. lousy of partiality, it must be^ obvious to all that there will be nity will never be made to bear any of the sufferings of such an increased account of unmerited aggravation. How long a an unequal system. If other States, are obliged to pay the people shall be permitted, to complain, or how much they can cost, or even divide it with the State seeking to establish her be made to suffer, has always been matter of dangerous expe- manufacturing institutions ; if .their exports and imports are to riment or doubtful calculation; and knowledge acquired under contribute to the welfare of Northern pioney-making projects, either issue, has never been without its certain and severe re- and to advance the schemes of private capitalists, depend upon grets. In conclusion, your committee recommend the follow- it, the only method that will be pursued is the one found in the ing resolution; t increasing exactions of the tariff laws of 1816,20, and 24. Resolved, That his excellency the Governor be, and he is With regard to the question of internal improvement, inde- hereby requested to cause the foregoing report to be laid before pendent of the fact that there is not a solitary exception to be Congress at its next session. And that he forward a copy of iound in the constitution in the remotest degree connected with the same to each of the other States, to be laid before their re- that subject, we have already shown that on the 18th and 20th spective Legislatures, for the concurrence of such as may ap- RESOLUTIONS.—1827. 89 prove of the principles therein avowed, and as due notice to those who may dissent from the same, that Georgia, as one of the contracting parties to the federal constitution, and possess, ing equal rights with the other contracting party, will insist upon the construction of that instrument contained in said report, and will submit to no other. Read and agreed to. THOMAS STOCKS, President. Attest. Wm. Y. Hansell, Secretary. In the House of Representatives, December 24th, 1827. Read and concurred in. IRBY HUDSON, Speaker. Attest. Wm. C. Dawson, Clerk. [No. 475.] In Senate, November 5th, 1827. Resolved, That Jacob R. Brooks, Esq., be, and he is hereby appointed a commissioner of the navigation of the Chat- tahoochie river, in the place of Gilbert D. Greer, resigned. Approved, November 9th, 1827. [No. 476.] In Senate, November 9th, 1827. The Committee to which was referred the petition of Wil- liam Herb, of Chatham county, have had the same under con- sideration, and report: That from the evidence furnished them, there remains no reason to belieVe that there was any intention on the part of those engaged in the transaction to which the petition refers, to practice a fraud upon the State ; on the contrary, the com- mittee are satisfied that the whole originated in mistake and misapprehension, involving no criminal intention. Your committee believe, that inasrtiuch as the petitioner was in fact entitled to a draw in the land lottery, and that he had himself registered his name in conformity with law, that he is well entitled to lot number 148, in the tenth district and third section, which was drawn by him in the course of the eleventh day's drawing, in the late land lottery. Under this view of the case, the committee recommend the adoption of the following resolution : Resolved, That William Herb, of Chatham county, is entitled to lot number 148, in the tenth district and third section, of the land lately disposed of by lottery under the authority of this State ; and that the proper officers of the State are authorized to issue a grant therefor : Provided, that before such a grant is issued, the said William. Herb do ekecute an absolute relinquish, ment to the State of Georgia, of all right or title to lot No. 173, in the sixth district and fifth section of the land lately disposed of by lottery, under the authority of the State. Approved, December 24th, 1827. [No. 477.] In Senate, November 12th, 1827. Resolved, That James Hamilton Cooper, of Glynn county, be, and he is hereby appointed a commissioner of the Altamaha river, in lieu of Colonel John Burnet, of Glynn county, re- signed. Approved, November 24th, 1827. [No. 478.] In Senate, November 12th, 1827. Resolved, That the Senators and Representatives of this State in the Congress of the United States, be requested to use their exertions to procure the passage of an act of Congress, providing for copying the documents and papers in the planta- tion office, and other public officers in England relating to the early history of Georgia. Approved, November 24th, 1827. [No. 479.] In Senate, November 14th, 1827. Resolved, That James G. Conner and Duncan McCrimmon be, and they are hereby appointed commissioners of the Mont. 12 gomery county academy, in place of Angus McLeod, deceased, and James Alston, removed. Approved, November 24th, 1827. [No. 480.] In Senate, November 15th, 1827. The Committee to whom was referred the petition and accom- panying documents of the administrator of John Winn, late tax collector of the county of Liberty, report: That they have had the same under their consideration, and that, from the petition and documents, they have ascertained the following facts: that, for the years 1818 and 1819, John Winn, qualified as tax collector of the county of Liberty; and while in the discharge of his duties as such, and before the same was completed, he departed this life, leaving uncollected a con- siderable portion of the taxes of the said county: that after- wards, one Benjamin Mell, jun., was elected tax collector^ per- haps for the year 1820; but the administrator of the deceased tax collector, not being able himself to collect the taxes remain- ing unpaid, turned the digest of taxes over to the said Benjamin Mell, jun., when he proceeded to collect the same, and has col- Iected the sum of one hundred and ten dollars ; and afterwards became insolvent, and has never paid the same, either to the State of Georgia or to the estate of the said Winn : and further, that she sum of forty-one dollars and thirty-seven and a half cents was the amount of the insolvent list the years aforesaid, which has been allowed by the grand jury of the county of Liberty ; but owing to the death of the said Winn, the same was not presented within the time prescribed by law; and the estate of the said Winn not only stands charged with the one hundred and ten dollars collected by Benjamin Mell, jun., the successor of the deceased Winn, but also the insolvent list aforesaid, making one hundred and fifty-one dollars thirty-seven and a half cents; and for which sum, this committee • have thought proper to adopt the following resolution, viz.: Resolved by the General Assembly, That the sum of one hun- dred and fifty-one dollars and thirty-seven and a half cents, to- gether with the accruing interest, be placed to the credit of the said John Winn, in the Comptroller General's office. Approved, December 14th, 1827. [No. 481.] In Senate, November 21st, 1827. The Committee to whom was referred the Governor's com- munication on the subject of a proposition made by the Bank of Darien, through their agent Dr. James Troup, report: That the Legislature accede to said proposition, to wit, that said bank, according to its solemn pledge, will pay into the State treasury annually, commencing from the first of January next, $150,000 in the bills of banks receivable at the treasury, one half of said amount to be paid semi-annually, until the whole amount of Darien money now in the treasury be redeemed: Provided, that this resolution shall not bar or prevent any fu- ture Legislature from making such disposition of the bills of the Darien Bank, now in the treasury of this State, as they deem proper. Disapproved, December 1st, 1827. JOHN FORSYTH, Governor. In Senate, December 18th, 1827.—Again read and agreed to by a majority of two thirds. THOMAS STOCKS, President. In the House of Representatives, December 20th, 1827.— Again read and concurred in by a majority of two thirds. IRBY HUDSON, Speaker. [No. 482.] In Senate, November 23d, 1827. Whereas, John Kenor, formerly of Bibb, now of Upson county, became security for Lawson J. Kenor, for the rent of the ferry across the Ockmulgee river, at the town of Macon, for the year 1822, for which rent a judgment for more than twenty-one hun- dred dollars, with interest and cost, has been recovered against 00 Resolutions.—i827. the said John Kenor : And whereas, the said John Kenor, has ments, with interest, which he has paid, making in the whole, had indulgence extended to him until the first day of January two hundred and thirty-eight dollars and fifty cents, exclusive next, by paying up eight hundred dollars of the principal of said of four dollars paid for the grant; fifty-seven dollars and fifty debt, and all interest and cost due thereon, and given security cents of which was paid on the 23d December, 1807, and the to the satisfaction of tlye Solicitor General pf the Flint circuit balance of one hundred and eighty-one dollars was paid on the for the payment of the balance due on said execution: 23d July,. 1810; it seems also to your commjttee from the evi- Be it therefore resolved, That all further proceedings be stayed dence furnished by the documents accompanying the petition,, on said execution for one year from the first day of March next :• that in fact there .is no such fraction of land, the whole of that Provided, That the said John Kenor do pay by the first day of represented as a. fraction being embraced in lot No. 314, in the February next, the interest and cost which has accrued on said 4th district of Wilkinson, except perhaps about one half of an execution, and three hundred and twenty-five dollars of the acre. Under such circumstances your committee believe that _ 1_ 1 on tKn ^1«" P xl _ __ ' i'i* _ _ •_ /» i l • _ _y • a? l principal, and give such additional security'as the Solicitor General of the Flint circuit may require for the absolute secu- rity of said debt. , Approved, December 7th, 1827. [No. 4S3.]' t In Senate, November 24th, 1827. The committee to whom was. referted the petition of James Cartledge, 'administrator of Ayres Cartledge, deceased, who was the collector of taxes in Columbia county, for 4he year 1825, find upon an examination of the documents referred to their consideration, that the said Ayres Cartledge had in 1826, collected a large portion of the taxes due by the citizens of the county aforesaid; that the said Ayres Cartledge departed this lifei in the month of August, 1826 ; that during the illness of the the claim of the petitioner is founded in strict justice, and re- commend the adoption of the following resolution : Resolved, That the sum of two hundred and forty-two dollars and fifty cents, is justly due to Abner Bartlet, and that provision be made in the appropriation law for the paypientof the same. Approved, December 21st, 1827. [No. 485.] v InSenate, December 5th, 1827. The committee to whom was referred thfe petition and accom- panying documents of Isaac Hall, late tax collector of Wilkin- son county, have had the same under their attentive and serious consideration, and from the facts therein disclosed, they are of Opinion that the prayer of the petitioner is reasonable, and ought said Ayres Cartledge, the whole of the money collected by him 1° ke granted '• they therefore recommend the adoption of the was stolen ; and by an act of the Legislature, passed the 30th following resolution: „ , f day of November last, an indulgence was granted to the admi- Resolved, lhat the treasurer of the State be forthwith in- nistrator of the said Ayres Cartledge, deceased, under certain ®fructed to surcease ai^ further prpceedmgs against Isaac Hall, conditions and stipulations expressed in said act and the said < Wilkinson.county, for or on account of the tax due by said James Cartledge, administrator of the estate of the said Ayres N for the year 1821. , Cartledge, having again by his petition prayed a further indul- 7i?U-r committee cannot, however, pass unnoticed the conduct gerice for the payment of the taxes collected by the said Ayres ot Wnght Mims> late Sheriff of Wilkinson county, and subse- Cartledge, in his life time',' and now due the treasury of the , ^ent proceedings had thereort, in relation to the aforesaidtax. State, for the following reasons,.(to wit,) that the said adminis- - therefore respectfully recpmmend the adoption of the trator had sold the real and personal property of the deceased resolution in relation thereto : on a short credit, with the hope of making collections to enable Resolved, lhat the Solicitor of the Ockmulgee circuit be in-, him to comply with the provisions of the before recited, act,' in ™UCt,eV°tak® a11 necessa.ry and lawful means to recover from which hope he has been disappointed, as he has heen under the . J*1?™- Mims, late Sheriff of Wilkinson county, and his securi- necessity of resorting to the courts of justice to enforce ,the col- ^s',tre amount of taxes collected by him as Sheriff from Isaac lection of money due the said estate, and from the total failure HaU for the year 1821, and which remain, unpaid at the trea- of the Superior Court in September last in the county aforesaid, ®ury > and that said solicitor make report thereof to the next - - - r ,r , • Legislature.; he has been unable to make such collections as will enable him: to comply with the provisions of the act aforesaid. Ypur com- mittee, therefore, beg leave to recommend the ad.option of the following resolution: • , ; ' Resolved, That all further proceedings be suspended against . the said James Cartledge, administrator of the said Ayres Cart- ledge, deceased, for and, oh account of moneys collected by the deceased in his life time from the citizens of the county afore- said, and due the treasury of the State of Georgia, until the first day/of De'cember, 1828. Provided, That the said James Cart-' ledge, administrator aforesaid, shall on or before the 25th day of December next file his bond in the Comptroller General's , office, payable to his excellency the Governor and successors in office, with good and sufficient security conditioned for the payment of the taxes, or such part as may then appear due and collected by the deceased in his life |ime as aforesaid^, on or be- fore the first day of December, 1828, with lawful interest on the same from the time the same should have been paid into the treasury. , s Approved, November 30th, 1827. [No. 484.] In Senate, November 30th, 1827. The committee to which was referred the petition of Abner Bartlet, have had the same under consideration, and report: That it appears very satisfactorily that in the year 1806, the petitioner purchased at public sale, a fraction ofland, No. 28, in the fourth district of Wilkinson^ supposed to contain twenty arid a half acres, for which he contracted to pay the snm of two hundred and twenty-five dollars, in four equal annual install- Approved, December 24th,' 1827. [No. 486.] In Senate, J)ecember 10th, 1827. The joint Penitentiary Committee have performed the duties assigned them, and respectfully submit the folio wing' report: That they have examined: the buildings generally, and find no repairs necessary,at present, and that the business of the dif- ferent departments are conducted in a manner highly creditable to the officers of the Institution. Your committee would refer the House for a particular detail of the transactions, of the last year to the reports of the principal keeper and board of inspec- tors. . ■ ■ ~ Your committee, in regard to the reference from the House of Representatives, to inquire into the expediency of abolishing the office of board of inspectors, are of opinion, that the same ' cannot be done without manifest injury to the institution, mas- much as it constitutes the only check to the abuse of power which might be exercised to the injury of the convicts. Your committee regret that the institution from the defect of its internal police, as yet has not realized the expectations of its founders, in producing that reformation in the minds and habits of the convicts which was so fondly anticipated; the most prominent of these defects we hold to be the promiscuous association of the convicts. Vice has its shades, and guilt its colors; the gray head of infamy requires the arm of Omnipotence to work its reforma- tion, and youth, with present hopes deceived and a dark futurity RESOLUTIONS.—1827. 91 in prospect, are apt to look with complacency on the demoniac smile of guilt. Your committee would respectfully suggest, that the uncer- tainty of the duration of punishment from the frequency of pardons, tends in a measure to increase crime ; for it is in di- rect violation of the established maxim that the certainty more than the severity of punishment deters from the commission of crime. Your committee are of opinion, that no officers of the peni- tentiary should be allowed to furnish any of the raw materials necessary for the institution, either directly or indirectly, dis- claiming at the same time any intention to censure any of the officers of the institution, but simply believe it to be a bad pre- cedent, and that abuses might in time grow out of the practice. And your committee would therefore recommend the follow- ing resolution: Resolved, That in future it shall be the duty of the principal keeper to make out a bill of the coal and lumber that may be wanting in the institution from time to time, and that he lay the same before the board of inspectors, whose duty it shall be to give thirty days notice in one- or more papers in this place, of the supplies so wanted, and receive sealed proposals, and let the same to the lowest bidder. Approved, December 26th, 1827. [No. 487.] In Senate, December 11 th, 1827. The Committee to whom was referred the petition of Spencer Phillip, have had the same under consideration together with the documents accompanying the same—beg leave to report: That the prayer of the petitioner is reasonable, and ought to be granted, and therefore recommend the following resolution: Resolved, That the sum of twenty dollars and twenty-five cents principal, and the further sum of four dollars for grant fees, be inserted in the appropriation law, for the use of and to be paid to the said Spencer Phillip, for so much money paid by him to the State, for which he has received no consideration. Approved, December 24th, 1827. [No. 488.] In Senate, December 12th, 1827. Resolved, That his excellency the Governor be, and he is hereby authorized and required to cause to be refunded to James Bush, late tax collector of the county of Early for the year 1826, any money that may be paid into the treasury of this State by the said Bush, on account of an over charge of the tax of the county of Early, for the year 1826, as aforesaid, and that the Comptroller General be, and he is hereby required to report to his excellency the Governor the amount so over charged. Approved, December 24th, 1827. [No. 489.] In Senate, December 13th, 1827. The joint Committee on the state of the Republic, to whom was referred that part of the Governor's communication which relates to the boundary line between Florida and this State, have had the same under consideration, and now beg leave to make the following report: That an amicable but unsuccessful attempt has, during the present year, been made to ascertain and mark the dividing line between this State and Florida, by a commissioner on the part x>f the United States, associated with one appointed by Georgia. The failure has resulted entirely from a difference of opinion as to the true head or source of the St. Mary's river. By the constitution of Georgia, obviously and unquestionably founded upon the treaty of peace of eighty-three, and confirmed by the second article of the Spanish treaty of ninety-five, that line was to run " from the northernmost part of .the thirty-first degree of north latitude, on the Mississippi, due east to the mid- die of the river Apalachicola or Chattahoochie; thence along the middle thereof to its junction with Flint river; thence straight to the head of St. Mary's rive/, and thence along the middle of that river to the ocean." Many years ago commissioners were appointed, under the aforesaid treaty of ninety-five, to run and mark' the line above described ; this however was not done, but a point was ascer- tained and marked as being the supposed head of St. Mary's river, and distinguished by the name of Ellicott's Mound. Georgia had no agency: it was done by commissioners, as before stated, appointed by the United States and the Spanish Govern- ment. But Georgia, relying on the skill and research of the agents who superintended this important interest, always sup- posed that this mound might be at the true head or source of the St. Mary's river, and has all along contented herself with that idea; but she has never done any act or admitted any principle which absolutely binds her to the observance of that point as the one to or from which said line should run. Upon frequent applications to the general government to have this line run, it was at last consented to, and on the 4th day of May, 1826, an act was passed by Congress for that purpose. But there was a condition in that act to this effect: " That the line so to be run and marked, shall be run straight from the junction of said rivers, Chattahoochie and Flint, to the point designated as the head of St. Mary's by the commissioners appointed un- der the third article of the treaty of ninety-five, as before men- tioned. The point designated was Ellicott's Mound. This act it will be perceived, did not authorize the commissioners to run the line according to the treaty, but according to an operation which had taken place under that treaty many years ago, which has since evidently turned out to be erroneous. When the commissioners proceeded to ascertain and mark the line under this act, it was clearly discovered by them that the true source or head of the St. Mary's river, had not been found by the Spanish and American commissioners at the time they were sent to run that line under the treaty of ninety-five. When this fact was discovered and represented to the late Go- Vernor of Georgia, finding that the United States commissioner was bound by the act before mentioned, and was not instructed to proceed in the matter according to the treaty, he suspended all further proceedings, until the general government and the government of Georgia could have other and further explana- tions on this subject. The facts which have led to the disco- very of this error, are very plain and satisfactory, and are con- tained in a document submitted to the Governor, by the sur- veyor who 'accompanied the commissioners in the late attempt to run and mark said line. Your committee are of opinion that when the general govern- ment comes properly to understand the true history of this difficulty, it will not insist upon any advantage which may be supposed to result from long acquiescence in the idea that Elli- cott's Mound as the true head of the St. Mary's river. It will be perceived that this has beep an error altogether of the gene- ral government's own creation, and Georgia has never in any manner either contributed to, or consented to be bound by it. Your committee therefore, recommend the following resolutions: Resolved, That our Senators and Representatives in Congress be requested to procure another act of Congress, or an amend- ment to the act passed in 1826, authorizing and directing the commissioners who may be appointed under the same, to proceed with such commissioners who may be appointed by Georgia to run and mark said line according to the true intent and meaning of said treaty of '75, to ascertain and determine the true source or head of St. Mary's river without any regard to previous operations which may have taken place in reference to said line, inasmuch as Georgia has had no agency in, or been a party to any of said previous operations. Resolved, That his excellency the Governor be, and he is hereby requested to forward to our said Senators and Represen- tatives a copy of this request, an extract of the late Governor's message on this subject, a copy of McBride's report and survey, and such parts of the correspondence of the commissioners as may afford any information in relation to said dispute. Resolved, That in order to facilitate a speedy adjustment of the dispute and difficulty alike interesting to the general govern- 02 RESOLUTIONS.—1827. ' ment and people of Georgia, his excellency the Governor, be requested to open a correspondence >vith the President of the United States, with a view to the accomplishment of the objects of the above resolutions. Approved, December 26th, 1827. ✓ [No. 490.] In Senate, December Ylih, 1827. The Committee on Finance, to whom was referred the com- munication of his excellency the Governor, on the 14th inst., in relation to the surplus fund appropriated by the Legislature for the use of the commissioners of the Savannah river naviga- tion between«Augusta and Petersburg, beg leave to, report the following resolution: r Resolved, That his excellency the Governor be, and he is hereby requested to draw a draft on the branch of the State Bank at Washington, for the sum of four thousand five hundred and fifty-six dollars and forty-six cents, it being the unexpended- balance deposited in that bank by the commissioners of the Savannah river navigation between Augusta and Petersburg, and cause the same to be deposited in the treasury of this State. Approved, December 24th, 1827; [ ' [No. 491.] In Senate, December 19th, 1827. The Committer to whom was referred the reports of the several county academies, have had the same under considera- tion, and report: 1 These reports present a condition creditable to the patrons of those institutions, and flattering to the future reputation of the literature of the State. , 4 ' But from the* most attentive examination, they have been unable to arrive at any satisfactory conclusion as to what extent and proficiency classical education has been taught in; these institutions: this branch of literature is so necessary in all sys- tems of juvenile instruction, that few persons in modern days have attained intellectual eminence, whose minds have not received this training. , There are many however, emboldened by perhaps a licentious spirit of inquiry which has distinguished other countries, and from which we are not exempt, have questioned its utility in the education of youth, and rank the practice among the inr stances in which custom, the offspring of circumstances acci- dental and temporary, has triumphed over the plainest dictates 9f reason. , v The history of classical literature is not without its color of approval to this opinion. The estimation in which this branch of letter^ has been held, and the ardor with which it has been pursued in modern days, may perhaps be ascribed to causes accidental and temporaryand if the committee can be par- doned the seeming profanation, they would consider these acci- dental and temporary causes the signal interposition of Divine Providence, to rescue mankind from that Gothic ignorance and barbarity which so rapidly increased and benighted the human mind, from the decline and fall of the Roman empire to the revival of letters in the fifteenth century. An examination of these causes is deemed unnecessary; they are facts of historical record, and within the reach of every industrious inquirer. The arguments urged against the practice of making the study of the ancient classics a necessary part of education, are the following, viz.: It is urged, the time a boy employs in acquiring a know- ledge of words, as they style the study of the Latin and Greek, languages, may be more profitably spent in getting a knowledge of things; notwithstanding his young and tender mind may not be qualified to enter on intricate and abstruse studies, it is able to receive and retain a variety of information that would be useful to him in future life ; that in learning a language it is the memory that is chiefly exercised, and that this useful faculty ihay be as easily filled with important facts as Condemned to retain a jumble of foreign words, together with the various rules and exceptions under which they have been placed by gram- marians. That geography, chronology, natural history, and works of imagination, may be employed by the instructor tq give equal exercise to the memory, and by the greater pleasure they would afford to the pupil, as well as his more perfect under- standing of them, they would both improve his other faculties and add to his stock of useful knowledge, and that time would be saved in learning, during childhood, much that must be learnt some time or other. In these arguments it is assumed as granted, that in the study of the classics, the memory is the only faculty'improved. It seems to the committee, that in studying the ancient languages, all the faculties of the mind are actively exercised, and that in this exercise consists the chief advantage pf classical education. If genius consist in the degree of excellence, attained by all the great faculties of invention, judgment, memory, and taste, , that system of education must be best which is most likely to give these the utmost degree of improvement of which they are susceptible. These faculties, scarcely perceptible in the mind of the infant, are gradually developed as the body increases in size and ^strength; they do not appear at the same time, nor is their, progress the same. The memory is in perfection when invention is hardly disco, vered; and the judgment continues to improve long after the memory is on the decline 4 hence the discipline adapted to one faculty does not necessarily suit another. Now, aS by a general law of our nature, every function and power of our body or mind is invigorated by exercise, it should be the object of education to afford to all the faculties that degree of exercise which is essential to their pliancy end strength; and this purpose seems to be effectually answered by the discipline of the Grammar School. . An analysis of a boy's mind, in translating from an "ancient language into his own, will -render this more obvious. In ascertaining the import of such foreign words and phrases hs he does not Understand, When he has consulted his die- tionary, he often finds them interpreted by numerous English words and phrases, essentially, different from one. another: in selecting out of this variety that which will best express the meaning of his author, he must weigh, compare, and discrimi- nate ; and in this employment, his judgment is exercised arid matured: when the dictionary refuses to afford him the aid he solicits, in his. exertion aftei the suitable and analogous expres- sion, invention and fancy are brought into action. To find out ■the proper order in which the/ words are to be arranged in the translation, he must seek that one. of the numerous rules of syntax which alone is applicable; and hence arises the habit of abstraction. When the meaning is ascertained, in selecting from the se- Veral synonymous expressions that which is happiest and best, his taste is obviously cultivated and improved. In short, the whole business of translating a classic author consists in an un- remitted exercise of the mental faculties i; in perceiving the re- semblances or differences of what he observes, remembers, or imagines ; and no longer than they are exercised can he make •any progress. The translation froni his . own language into Latin and Greek affords similar advantages to the Student, with this difference-—that it seems to improve his invention and sa- gacity more, his judgment and taste less^ and is less complete in itself. Memory, it is universally admitted, is sufficientlycul- tivated in learning the classics. If we compare the classical with other juvenile studies, it ' 'will be found that none will afford the same continued and varied exercise : in Geography, Chronology, and [such] branches of Natural History, as can be learnt from books, the active powers of the mind are suspended, and memory alone is exercised. In the study of our own language, as it is ordinarily taught, the 'mind is nearly as passive: in the study of Mathematics, the reasoning powers are vigorously and profitably exercised; but they are dormant as to all other relations but number and •quantity. In Physics, some useful knowledge inky be acquired, and the talent of observation improved; but the reasoning facul- ties are little exercised, and those of imagination still less: the consequence of this inherent diversity is, that some minds sue- ceed in one study, and some in another—-as each cultivates the RESOLUTIONS.—1827. 93 1 acuity in which it happens to excel: and hepce it is, that a proficiency in classical learning, which requires and implies the improvement of all the faculties of the mind, is more uni- formly an evidence of genius, and gives a surer presage of intel- lectual strength than any other single acquirement. During the years of tuition, the knowledge of men and things must necessarily be very limited. Nothing but the actual per- ception of what passes in his own heart and mind, or his obser- vations of the action of others, and the undefinable and ever- varying occurrences of life, can impart to man knowledge that will be either useful or accurate ; and every attempt to supply the place of experience will prove inadequate and fallacious. Since knowledge cannot be imparted during youth, it is desira- ble to improve future means of acquiring it; and even if it could be imparted, it would be better to get talents than information, as every one would prefer the ability ,of writing a poem to that of remembering it; and be prouder of the skill of a painter than to possess some of his pictures. If we examine the list of illus- trious names, which have figured on the theatre of government, physics, or letters, in England or in our own country, we shall scarcely meet with one who has not received a classical eduea- tion. When we find that those whose minds have been thus trained are generally superior in intellectual powers to those who have received a different training ; and that those who have been distinguished for the productions of genius, agree in no- thing more than this mode of instruction, it seems to lead irre- sistibly to the conclusion that such a mode is superior in im- proving the intellects. Some distinguished examples may be cited in our own country of men who exhibit strong and vigo- rous minds without the benefits of classical education; but it will be found generally, that such men have had their efforts concentrated on a single pursuit; that they have manifested only great reasoning powers in a single department of science. Similar but not equal advantages are to be obtained by the study of modern languages. There is so much resemblance among all improved modern languages, as to the origin of their words, the small number of their inflections and variations, and the greater number of their particles, «that they are learnt with greater facility than the ancient languages, and consequently they afford less exercise and improvement to the mental facul- ties : as a proof of this, it requires commonly not more months to acquire a modern European language than it does years to acquire a proficiency in Latin or Greek ; and he Who has once mastered these languages finds the acquisition of all others easy. The study of modern languages is not to be regarded as pro- fitless and unnecessary; our sister States have deemed it an essential and important part of juvenile instruction: a proficiency in modern classical literature is viewed not only as an ornament to the mind, but obviously useful in our varied commercial and political intercourse with foreign nations. With this view of classical learning, it is a source of melan- choly regret that so little care should be bestowed by the patrons of our academies, on this important part of juvenile education. More deplorable is the apparent want of munificence on the part of the Legislature, the assumed guardians of the literary character of the State. With an extent of territory equalled by but few or none of our sister States; with sources of revenue none other can possess 5 with a climate mild, though varied, and congenial to the expansion of human intellect, the Legislature hitherto has refused even a temporary endowment for a profes- sorship of modern languages, and also moral and mental philo- sophy for the University. When we compare the literary character of Georgia now, with what it might have been—when we contrast it with many of our sister States, the votary to science will blush, indeed, at the apathy and indifference to intellectual advancement which have hitherto obscured it. When We see our sister States of the North and East so wonderfully and efficiently uniting capi- tal and intellect for our humiliation and ruin, will Georgia scorn the means which can avert and arrest the approaching triumph arid consequent dependence ? Will she longer remain supine and in cold-hearted indifference, and see these means wrested from her, which can not only insure, her preservation, but raise her to pre-eminence and distinction ? These truths, obvious and incontrovertible, it is hoped, will awaken the guardians of the literature of the State to a sense of our lite- rary degradation, and induce a future appropriation from the funds arising from the sale of public lands, for the permanent endowment of the different professorships which may enable us to sustain, protect, and advance our literary and scientific character. The committee recommend the following resolutions ; Resolved, That the Justices of the Inferior Court, and the Trustees of the Poor School Fund of each edunty, make to the grand juries in the ensuing year, returns Of the disburse- ments of the funds since December, 1825, together with a par- ticular statement of the number of children instructed, their ages, sex, and mode of instruction pursued, and the persons employed as teachers ; and that the said returns be forwarded by the clerk of the Superior Court to the Governor, to be laid before the Senatus Academicus and General Assembly. Resolved, That the annexed be the form of a return of tffe several academies and free schools in this State. 94 RESOLUTIONS.—1827. GO O O a W o br o P3 . w > H o o a w tf. K ft 5* Pt o .£ a < w T *V 02 w XI ft w HH Xfl a H-r w ft ■ » T3 © X © C3 s © §.' tf T3 ■ • . , l 1 '-a ■ >» • Mone Year i T3 © > '© ' 2 — * 8 ' -v l.£ \ iJj . ©' © ' _/ , s • 2 JS o , rS cc J© / Ctf • S, fa ■ . © • 6 ; . & ■« '. "3 , -§ 1 . 02 > " © © ' <♦-• o ft © JS C3 ' 1' <*H o • 0 1 & ''' >> S ' ©, 1 4 • ft* o © J 'E. 1 ll • © "S 2 S 3 hS ■sis |tS © -a .£ § ©. — g>H Q« T3 § © RESOLUTIONS.—1827. 95 [No-492.] IN Senate, December 19th, 1827. ' Whereas, the commissioners of the Macon bridge are di- rected, by the act of 20th December, 1824, annually to rent out said bridge for one whole year; but by an act of the pre- sent session of the Legislature, it is directed that the said bridge be sold : therefore, Resolved, That the said commissioners are authorized and directed, at the next renting, so to put up said bridge, as to rent the same until it shall be sold, and no longer. Resolved, That the present occupants of the houses and tenements on the reserve lands, remain in the peaceable occu- pancy thereof, until the day of sale of the public reserve, on paying a rent per month equal to the twelfth part of the annual rent of last year: and should such sale not take place before the first day of April next, said tenements are to be rented out by the State's agent as heretofore. Approved, December 26th, 1827. [No. 493.] In Senate, December 19th, 1827. The Committee on Finance, to whom was referred the Go- vernor's communication on the subject of the unsettled busi- ness between the State of Georgia and the late Maj. Elisha Wood, deceased, report: That on examination of the subject matter submitted to them, they find that the late Maj. Ehsha Wood, deceased, received, as distributing secretary of the funds received from the general government to pay clqims for Indian depredations, the sum of one hundred and seven thousand three hundred and eighty- nine dollars and fifty-nine cents, and that all payments made by him on account of said fund, and his account for services, &c., was one hundred and six thousand four hundred and eighty-five dollars and sixty-six cents: there is consequently unaccounted for the sum of nine hundred and three dollars and ninety-three cents, on account of said fund, from the estate of said Maj. Elisha Wood, deceased. But your committee find, from the journals .of Jhe last Legis- lature, that the sum of five hundred dollars was appropriated to the said Maj. Elisha Wood,^deceased, for his services for distributing said fund. Your committee therefore recommend the adoption of the following resolution: Resolved, That the sum of five hundred dollars, appropriated by the last Legislature to the representatives of the late Maj. Elisha Wood, which has not been paid, be withheld and placed to the credit of the estate of said deceased ; and that his excel- lency the Governor be, and he is hereby requested to have suit commenced against the estate of said Elisha Wood, for the balance of four hundred and three dollars and ninety-three cents, and have the same collected with the least delay. Approved, December 26th, 1827. [No. 494.] In Senate, December 19th, 1827. The Committee, to whom was referred the petitio^ of Sowell Woolfolk and John Wimberly, have had the same under consi- deration, and make the following report: That from the documents submitted, it appears that Sowel Woolfolk, one of the petitioners, on the fifth day of February, 1827, rented a part of the reserve at the old agency on Flint river, containing the public ferry, at the public renting of the reserves and fractions by the commissioner of the State. That at the time the said renting took place, the State's commissioner gave to the said Woolfolk a certificate, stating that the peti- tioner had " rented a ferry \t the old agency on Flint river, with the exclusive privilege of keeping a ferry upon the re- serve," and that he was " entitled to all the ferry landings that" were then " made, or that might be made upon the reserve, with the State's interest in the flat and ferry rope," and " that he was entitled to immediate possession of the ferry and ap- purtenances." That from the manner of the renting, and the nature of the certificate given by the commissioners to said Woolfolk, your committee would conceive that the petitioners might have reasonably calculated on the enjoyments of all the profits and privileges of said ferry to the exclusion of all others on said reserve. It further appears to the committee, that said petitioners were greatly interrupted, and their rights prejudiced, by the establishment of another ferry a few hun- dred yards below the ferry rented by the petitioners, which was kept up a considerable time, for the express purpose, as your committee suppose, for the express purpose of injuring the ferry of the petitioners, and by which the rights of the pe- titioners was greatly prejudiced, in violation of the pledge of the States's commissioners contained in the terms of renting and his certificate as aforesaid ; therefore, as an act of justice to the petitioners, your committee recommend the adoption of the following resolution: Resolved, That the bond or note of the petitioners for the rent of said ferry and appurtenances be given up to the pety- doners upon the rendering a true account upon oath to the Treasurer of this State of all the moneys received by them at said ferry, together with the expenses incurred at the same, and paying the balance, after deducting said expenses, into the treasury of this State: Provided, that should the expenses exceed the amount of receipts at the same, that the State shall not be considered as bound to make the deficiency good to the petioners: and 'provided also, that the petitioners shall not be entitled to any of the benefits of this resolution whilst the requisitions of the same be complied with by them within sixty days after the approval hereof. Approved, December 26th, 1827. [No. 495.] In Senate, December 19th, 1827. The joint Committee upon the state of the Republic, to whom was referred so much of the Governor's communication as regards the acquisition of Georgia lands at present in the occu- pancy of the Cherokee Indians, and the absolute and jurisdic- tional right of the State to the same, report: That they have bestowed upon this momentous subject, the most mature and diberate consideration; and although some of the positions which they feel warranted in occupying may at the first view appear bold and novel, yet they cherish the hope that by adverting to the well ascertained and long established laws of nations, those positions will be found abundantly sup- ported. We are aware that our repeated appeals to the general go- verment upon this subject, so vitally interesting to the people of Georgia, have been looked upon as impertinent and obtrusive, but your committee believe that the State has been disposed to suffer in silence, so long as the evils under which she labored were'sufferable, and that when her claims shall be fairly inves- tigated, and it is seen how unreasonably they have delayed, an enlightened and just community will pronounce the course she has pursued to have been marked with great moderation and forbearance. We propose, in the discharge of our present duty, to inquire first, into the nature and present situation of our claim upon the general government, and second, to investigate the nature and extent of our title to the territory in question, considered abstractly from our claim upon the general government. By the 4th section of the articles of agreement and cession, entered into on the 24th of April, 1802, between the commis- sioners of the United States on the other part, it was expressly stipulated and agreed that the United States should, at their own expense, extinguish for the use of Georgia, as early as the same could be practicably obtained on reasonable terms, the Indian title to all the lands within the State of Georgia. It will hardly be contended that this was a meie naked pro. mise, and therefore to be violated at pleasure by the United States, for the contract imports upon its face a most ample and sufficient consideration. We are not ignorant of the fact, that the general government, having the power in her own hands, is disposed to put her own construction upon this promise, and to make herself the sole and exclusive judge of what may be considered " reasonable 96 RESOLUTIONS.—1827. . , terms;" but we respectfully contend, that if she designs to keep lf) have been removed'entirely from Ohio, Kentucky, North am] up even the show of justice, she will suffer this tQ be controlled South Carolina, Tennessee, Missouri, and almost all Arkansas; > by the same rule of construction" applicable to all other cort- and that since that time, five or six times as much land as jje- tracts—that is to say, that the words used shall be understood in longed to Georgia, and was in the possession of the Indians, has that sense Which is best calculated to effectuate the true inten- been acquired in Alabama, for the use of the United States, and tion of the contracting parties. ' that too upon " peaceable and reasonable terms"; besides large The reciprocal" objects intended to be accomplished by the cessions in Mississippi, Illinois, Michigan, and Florida. And it United States and Georgia, by the contract in question, were few is a fact so notorious, that we presume no one will venture to and simple. They tintended that Georgia should cede to the dispute if, that upon the termination of the late war with Great United States a vast extent of teiritory therein described ; that Britain and the Indians, the United States had it completely in the United States should, at their own expense, and upon their their power to procure for, the use of (Georgia, the principal own responsibility, extinguish for the use of Georgia whatever part of the lands to which she was entitled,—not only upon claim or title the Indians might have to the lands lying within " peaceable and reasonable terms," but upon just such terms as her limits; and that this should be done " as early" as it could they might have pleased to prescribe;' but this was not done, or be upon practicable and reasonble terms./ # attempted to be done. On the contrary, the United States, by We consider it certain, from the terms of the contract itself, negotiation, effected, for their own use and aggrandizement, and particularly from the consideration which was paid, that it large cessions of territory in another part of the nation, and was the intention of both parties that the Indian title should thereby threw the Indians in greater numbers upon our own ter- certainly, at sometime or other, be extinguished., The time was ritorv, and so circumscribed their limits, as greatly to diminish left indefinite and uncertain ; not because it was contemplated the prospect of their willingness to make further cessions, either that any circumstance should occur, or state of things exist, for the benefit of Georgia, or for any other purpose. And since that should deprive Georgia of those lands, but because this that time, it has been the constant and favorite policy of the State reposed such unbounded confidence in the justice and United States, not to hold out inducements to the Indians to good faith of the general government, as ihduced her confidently yield up the possession of the Georgia lands ; but to so add to to believe that no opportunity would be permitted to escape, their comforts, and so instruct them in the business of husban- and that no fair and honorable exertion would be withheld for dry as to attach them to their comforts, and as to attach them so the speedy aDd punctual fulfillment of the promise. firmly to their country and their homes, as almost to destroy the We admit that, after much anxiety and delay, Georgia is last ray of hope that they would ever consent to part with the about to reap the full benefit of the contract in question, so far Georgia lands. It is now alledged, we understand, that it is im- as it Regards the lands situate within the Creek nation of Indians; possible for the United States to obtain the land in question for but the manner in which this has been accomplished, compels the use of Georgia, upon " peaceable and reasonable terms ;" us to say that we are less indebted to the general government and therefore that they are under no obligation to obtain them for the result than to the exertions of our lath able and patriotic at all. By whorp and in what way we beg leave to inquire, has Governor. Although Georgia is about to obtain the last foot of this impossibility been produced ? Surely by the United States, Creek lands to which she is entitled, yet it must be remembered and by their policy, and that too against the consent and remon- that there is still a considerable portion of Cherokee lands to strance of Georgia. And is it possible, that the general govern- 1 which she has precisely the same title; in relation to which the ment will consent in this way to benefit herself, and to take ad- general govenment is under the Same obligation, and which, vantage of her own acts, and that, too, to the injury and oppres- nevertheless, still remains in the possession of the Indians. By sion of one of her own members ? For -the dignity and honor what motive or reason the general government can be influenced of our common country, we earnestly hope not. But although in so pertinaciously and unjustly refusing entirely to redeem the general government is under this obligation, and from which hier pledged faith to Georgia, we are unable to perceive. The she cannot honorably release herself in any other way than whole civilized world knows that Georgia acted a gallant and by complying with it, yet judging from our past experience, we distinguished part during the revolutionary war, in achieving' can scarcely venture to hope, that she will redress our injuries, our liberty and independence; and our sister States will do us and establish our rights. We are apprised that this subject en- the justice to testify that since that time Georgia has not with- gaged the attention of the last Legislature, that the resolutions held her treasure or her sword from the defence of our com- which they adopted were submitted to the President of the mon country and national rights. We mention these things, States; and we are glad that in reply, he condescended to not by-way of boasting,' or out(of vain glory, but to show that' express to our Senators in Congress a "ivish to gratify the Georgia has violated none of the obligations by which she was State," but we are sorry that he added " negotiation" (with the bound to her sister States, and therefore, that there is the less Indians) " was hopeless, and that he could not consent Jo apply justiceiin their violating their obligations to her. force." We are at liberty to understand this answer no other- It will be remembered, that the articles of agreement and wise, than ,as a distinct and formal determination, to take no cession were entered into in 1802, and thait they imposed , upon step to obtain for and secure to Georgia her long delayed rights, .the United States the obligation ' of procuring the relinquish- We have waited upon'and (rusted to the justice and liberality of ment of the Indian title, so sobn as the same could be done the United States for upwards of the fourth of a century, and the " peaceably" and upon " reasonable terms." Immediately upon result to us is disappointment, insult, and injury, the ratification of these articles, it became the duty of the gene-- From this gloomy and almost hopeless prospect, we turn our ral government to improve every.opportunity that might present attention to the second branch of our inquiry, and trust that we itself, and with all her influence and energies faithfully applied shall be able to establish in the State of Georgia, a good, legal, to have sought diligently for opportunities, to effect such relin- and perfect title ta the lands in question, and that we have the quishment. She did not do so; but on the contrary, manifested right by any means in our power, to possess ourselves of them, so much indifference, and for so long a time, that Georgia be- In the examination of this important and interesting question, came dissatisfied, and took occasion respectfully to call the at- we are necessarily carried back to the earliest history of this tention of the general government to this subject—a liberty country. When the continent of America was first discovered, that she had several times since found it necessary to exercise, it was possessed and owned by various wandering tribes of sa- but which has either been treated with silent contempt, or has vages : and the discoverers asserted successfully the right of oc-t subjected her to reproach and calumny. That the United States cupying such parts as each discovered, and thereby they esta- have violated most palpably their contract with Georgia, we blished their supreme command over it, asserting their claim think is made evident, when it is remembered, that since the both to domain and to empire. By domain we mean that, by < ratification of the articles of agreement and cession, the Indians " virtue of which a nation may use the country for the supply RESOLUTIONS.—1827. of its necessities; may dispose of it as it thinks proper, and de- rive from it every advantage it is capable of yielding." And by " empire," we mean the right of sovereign command, by which the nation directs and regulates at its pleasure every thing that passes in the country. Precisely in this way, and in no other, did Spain, France, England, Holland, and Portugal obtain sove- reignty over the portions of this country discovered by each. It may be contended with much plausibility, that there is in these claims more of force than of justice; but they are claims which have been recognized and admitted by the whole civilized world, and it is unquestionably true, that under such circum- stances force becomes right. This kind of title is not only good and valid agreeable to the laws of nations, but is perfectly con- sistent with natural justice. The earth was certainly made for the benefit, comfort, and subsistence of man, and should be so used as to accommodate the greatest possible number of human beings. It was, therefore, perfectly in accordance, with the de- sign of nature, that the densely populated countries of Europe should possess themselves of the immense forests in America, which were used only as hunting grounds, and employ them in promoting the comforts and providing for the subsistence of their overflowing population. Acting no doubt upon these prin- ciples, Great Britain occupied and colonized the province of Georgia, the limits of which, anterior to the revolutionary war, were defined, and made to extend from the Atlantic coast to the Mississippi, and from the 3lst to the 35th degrees of north lati- tude. The whole of this territory was made to form a provin- cial government, thus exercising the highest and most unequi- vocal acts of sovereignty. In this exercise, both of domain and empire, on the part of Great Britain, certain portions of ter- ritory were reserved for the use of the Indians, and the Indians themselves were declared to be under the " protection of Great Britain ;" and the lands reserved were also under the " sove- reignty, protection, and dominion" of that government. Thus it is seen, .that the sovereignty 'of Great Britain over the whole of Georgia was complete and perfect; that the absolute right to the soil was in her'; that the Indians were under her ptotec- tion; and that their possession was only permission. Things re- raained in this condition until the revolutionary war ; upon the termination of which, by the treaty of peace between the United States and the mother country, the sovereignty to the full ex- tent as claimed, owned and exercised by Great Britain, over all the lands and Indians within the State of Georgia, passed to and vested in the people of this State. We have shown, we trust, very clearly, that at the end of the revolutionary war, Georgia possessed and had a right to exercise absolute control and so- vereignty over the whole of the territory lying within her then limits ; that her claim to domain and empire was not disputed ; that the absolute title to the soil was in her; that the Indians were under her protection ; and. that their possession was by her permission, as it had previously been by that of Great Britain. Thus far, we apprehend, the premises that we have established and the conclusions that we have drawn will not. be disputed ; for if they are wrong, the very argument that proves them to be so must defeat the title by which every foot of land in the United States is held, for they all derive title in the same way. It now remains for us to show, that since the revolutionary war, Georgia lias done no act, and entered into no compact with her sister States, by which she has divested herself of any portion of her sovereignty, affecting her rights now in ques- tion. And this proposition will be supported, if .we can show that no such consequence can result from the articles of confe- deration, the federal constitution, or the articles of agreement and cession of 1802. To show that the articles of confederation have divested Georgia of no portion of her sovereignty, it does not appear to us necessary to take any other ground than the very obvious one that these articles have been abrogated by the federal con- stitution, which was adopted in its place and stead. But we contend, that even prior to the adoption of that constitution, they contained no provision, when properly construed, affect¬ ing the right in question. In the articles of confederation we find this provision : " Each .State retains its sovereignty, free- dom, and independence; and every power, jurisdiction, and right," which is not by the " confederation expressly delegated to the United States," is reserved to the people of the States. We may search in vain in the articles of confederation, for any express delegation of the right of sovereignty or jurisdiction by Georgia to the United States, over the territ£Jy in contro- versy. No such express delegation was ever made. The con- sequence is obvious; it is reserved to the people of the State. Those who differ from us in opinion may attempt to sustain themselves by one further provision in the articles of confede- ration. We allude to the power giveq the United States of regulating " trade," and managing all affairs with the Indians, not members of any particular State; but by express provi- sion, this po\ver is in no instance to be exercised so as to " infringe or violate the legislative right of any State within its own limits." We are by no means satisfied but that the In- dians resident within the limits of Georgia may fairly'be con- sidered " members" of the State ; if so, the United States pos- sess not the right to interfere'with them, even so far as to regu- late " trade;" but whether they be members of the State or not, the United States are expressly prohibited from interfering with them in any way, so as to " infringe or violate the legisla- tive right of the State within her own limits." We .think, therefore, that the articles of confederation have not affected our title in the least. We next proceed to the inquiry, whether the. State's title to and rights of sovereignty over the lands in controversy, have been affected by the federal constitution; and if affected, to what extent? We are not disposed to afford even the feeble aid of our example for frittering away the constitution by con- struction; we prefer to take that instrument as it is, and not to take from or add to its provisions. We have always believed, and yet do, that all powers not expres&y granted by that consti- tution, or plainly implied in and necessary and propel to the execution of the expresslf granted power, are reserved to the States; and we earnestly insist upon this rule of construction, so far as that instrument applies to the subject under con- sideration. In the third section .of the fourth article of the constitution, we find this provision : " Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular State." We are unable to see what argument can be fairly drawn from this provision, to show that Georgia has surrendered up to the United States any portion of her rights, so as to affect the pre- sent question. This provision only gives to the United States the power to control and dispose of the territory or property of the general government; but it vests them with no power what- ever to control or dispose of the territory or property of \any State; on the contrary it is expressly stipulated, that in the ex- ercise of this power, the claims of no particular State shall be prejudiced. It will not be contended, we apprehend, that since the articles of agreement and cession of 1802, the United States have the smallest shadow of a title to the lands in con- troversy; and if it were considered necessary, we could easily show, that even before that time they had no well founded title. There is, therefore, nothing in this part of the constitution, expressly or impliedly divesting Georgia of the right of sove- reignty in question; and from the very fact that no such right was surrendered up into the hands of the United States, we are warranted in asserting that the right was retained by the State. We understand that the power which the constitution confers upon the President, by and with "the advice and consent of the Senate, to make treaties, is claimed to have an influence upon the present question; but we are unable to discover any neces- sary connection between this provision in the constitution, and the question under consideration. This part of the constitu- RESOLUTIONS.—1827. tion, we have always understood, applied to foreign affairs only. Wo are apprised, however, that the United States hav$ treated with various tribes of Indians at different times, and that those treaties have been submitted to the Senate for ratification; but if we mistake not,-since the adoption of the constitution, Vir- ginia, Ohio, New York, and Kentucky, have exercised the right, of treating with the Indians residing within their limits ;v and their right t$ao so has not, so far as we know or believe, been disputed. But upon this point we feel no sort of solicitude; for it is sufficient for our purpose, that in the constitutional pro- vision now under review, there is no express ox plainly implied surrender, on the part of Georgia, of the right of sovereignty to the territory in question. } : If there is any other provision in the federal /Constitution affecting this question, we are not apprised of it. And we con- sequently arrive at the conclusion, that the rights and powers of Georgia in and, to the lands in question, remain- precisely where they stood immediately upon the Conclusion of the revo- lutionary war, with the exception that Georgia has, in common with all the other States, given up to the general government a portion of her right of empire ; but she has surrendered that right no further in relation to the territory in dispute, than she has in relation to all the rest of her territory. In aid of our opinion upon the question ef title, we beg leave to refer to the . decision made -by the Supreme Court of the United States, in the famous case of Fletcher and Peck, which fully establishes the principle, that the "Legislature of Georgia, unless re-, strained by its own constitution, possesses the power of disposing of the unappropriated lands within, her own 1 limits, iq such manher5 as1 her ownv judgment may dictate." And the same case establishes^the further principle, that " Indian title is only permissive and temporary, and not at all inconsistent with a seizin in fee on the part of Georgia." .We need only add, that this decision was made long subsequent to the adoption of thqfede- raPconstitution. ,1 ' , , By the articles of agreement and session of 1002, Georgia parted with and gave up all her claims and rights, both of do- main and .empire, to the . territory' thereby ceded to the United Stages ; "but these articles contain no formal and express surren- der of any such rights to the territory reserved. We are aware- that such surrender is claimed to be implied from the1 term " Indian title," as there used. But when the subject is properly understood, we contend that this conclusion does, not necessa- rily result from the premises. - This term was not intended, and Cannotbe'understood, as Wilding up and vesting in the Indians any kindx»f title to the lands in controversy; qor was it intended tb add tp, or detract from, the title which they already had. It was only used as a term descriptive of that title. We have al- ready seen what that title ^vas .; that it was a mere possessory, one'; arid that they had so little interest in the Soil, that their possession was not incorisistent with a seizin in.fee on theT part of Georgia.. Brit it is contended, that by the articles of agree- ment and cbssion, a consideration was contemplated to be paid hy the United Statesio the Indians, for their relinquishment of this title ; and therefore, that it was of such a character as was entitled to respect, and as could riot be taken from them unless by, their consent. We are of a different opinion. We,have already seen the fragile tenure by \yhich they held, and do yet hold lands; but however slender it may haye been, yet some act ' ft as necessary to be done by the United States or Georgia, in order to oust them of possession. This act must necessarily have been of either a warlike of pacific character. If of a war- like character, no consideration of a pecuriiary nature could be necessary; but if of a pacifi'u character, then the object was to be accomplished by negotiation, and a consideration would necessarily be the result. Whenever it has been necessary to accomplish a similar act \yith the Cherokees, or any other riation of Indians, by either of the means just mentioned, from obvious motives of policy, as well as humanity, the United States have preferred resorting to' negotiation and presents. In all such instances, the United States are by no, means hound to resort to such riieasures; they did so from choice. This custom was well known to the contracting parties to the articles of agreement and cession, at the time it was entered into; and the relinquishment of the Indian title was intended to be effected in the same way; and the provision in question was simply intended to make the United States sustain all the expense of negotiation, presents, and consideration, which otherwise would have fallen upon Georgia, had she proceeded to the accomplishment of the samp object by pacific means. But there is nothing in this provision which prevents the United States or Georgia from resorting to force; on the contrary, this right seems to be admitted, although the United States would not bind themselves to use it. At all events it is evident, that if Georgia possessed this right before entering into those articles, she possesses it yet; for a surrender of it is rib where to be found. Before Georgia became a party to the articles of agreement and cession, she could rightfully have possessed herself of those lands, either by nego- tiation with, the Indians or by force ; and she had determined in one of the two ways to do so ; but. by this contract, she made it the duty of the United States to sustain the expense of obtain- ing for her the possession, provided it could be done upon rea- sonable terms and by negotiation ; but in case it should become necessary to resort to force, this contract with-the United States makes no provision : the consequence is, that Georgia is left un- trammelled, and at full liberty to prosecute her rights in that point of view, according to her own discretion, and as though no contract liad been made. Your committee, therefore, arrive at this Conclu- sion ; that, anterior to the revolutionary war, the lands in ques- tion belonged to Great Britain ; that the right of sovereignty, both as to domain and empire, was complete and perfect in her; that the possession by tffe Indians was permissive ; that they were under the protection of that government; that their title was temporary ; that they "were mere tenants at will"; and that Such tenancy might have beeri determined.at any moment, either hy negotiation or force, at tffe pleasure of Great Britain: that upon the termination of the revolutionary war, and by the treaty of peace, Georgia assumed rill the rights and powers in relation to the lands arid Indians in question, which heretofore belonged to Great Britain :, that since that' time she has not divested her- self of any right or power in relation to the lands now in ques- tion, further than she has in relation to all the balance of her territory | and that she is now at full liberty, and has the power and right to possess herself, by any means she may choose to emplby, of the lands 'in dispute, rind to extend over them her authority arid laws. . , : Although your committee believe the absolute title to the lands in controversy is in Georgia, and that she may rightfully possess herself of them when and by what means she pleases; yqt they, would not recommend an exercise of that right till all other means fail. We are aware that the Cherokee Indians talk extravagantly of their devotion to the land of their fathers, and of their attachment to their homes; and that they have gone Very far toward convincing the general government that ncgo- tiation with them, in view; of procuriug their relinquishment of title to the Georgia laqds, will be " hopeless." .Yet we do con- fidently believe that they have been induced to assume this lofty bearing, by the protection1 and encouragement which has been afforded them by the Unitqd States; and that they will speak a totally different language if the general government will change its policy towards them, and apprise them of the nature and extent of tjie Georgia title to their lands, and what will be the probable consequence of their remaining refractory. . Your committee would recommend that one other, and the last appeal, be made to the general government, with a view to open a negotiation with the' Cherokee Indians upon this subject: that the United States do instruct their commissioners to submit this report to the said Indians: that if no such negotiation is opened, or if it is, and it proves to be unsuccessful, that then, RESOLUTIONS.—1827. 99 the next Legislature is recommended to take into consideration the propriety of using the most efficient measures for taking possession of, and extending our authority and laws over, the whole of the lands in controversy. Your committee, in the true spirit of liberality, and for the alone purpose of avoiding any difficulty or misunderstanding with either the general go- vernment or the Cherokee Indians, would recommend to the people of Georgia to accept any treaty tha,t may be made be- tvveen the United States and those Indians, securing to this State so much of the lands in question, as may remain after making reserves for a term of years, for life, or even in fee simple, to the use of particular Indians, not to exceed in the aggregate one sixth part of the whole territory. But if all this will not do ; if the United States will not redeem her pledged honor; and if the Indians continue to turn a deaf ear to the voice of reason and of friendship, we now solemnly warn them of the consequence. The lands in question belong to Georgia—she must and she will have them. Influenced by the foregoing considerations, your committee beg leave to offer the following resolutions : Resolved, That the United States, in failing to procure the lands in controversy " as early" as the same could be done upon "practicable" and "reasonable terms," have palpably violated their contract with Georgia, and are now bound at all hazards, and without regard to terms, to procure said lands for the use of Georgia. Resolved, That the policy which has been pursued by the United States toward the Cherokee Indians, has not been in good faith toward Georgia ; and that as all the difficulties which now exist to an extinguishment of the Indian title, have resulted alone from the acts or policy of the United States, it would be unjust and dishonorable in them tp take shelter behind those difficulties. Resolved, That all the lands, appropriated and unappropriated, which lie within the conventional limits of Georgia, belong to her absolutely; that the title is in her; that the Indians are tenants at her will; that she may at any time she pleases de- termine that tenancy, by taking possession of the premises ; and that Georgia has the right to extend her authority and laws over her whole territory, and to coerce obedience to them from all descriptions of people, be them white, red, or black, who may reside within her limits. Resolved, That Georgia entertains for the general govern, ment so high a regard, and is so solicitous to do no act that can disturb, or tend t6 disturb, the public tranquillity, that she will not attempt to improve her rights by violence until all other means of redress fail. Resolved, That to avoid the catastrophe which none would more sincerely deplore than ourselves, we make this solemn appeal to the President of'the United States, that he take such steps as are usual, and as he may deem expedient and proper for the purpose of, and preparatory to, the holding of a treaty with the Cherokee Indians, the object of which shall be, the extinguishment of their title to all of the lands now in their pos- session, within the limits of Georgia. Resolved, That if such treaty be held, the President be re- spectfully requested to instruct the commissioners to lay a copy of this report before the Indians in convention, with such com- rnents as may be considered just and proper, upon the nature and extent of the Georgia title to the lands in controversy, and the probable consequences that would result from a continued refusal upon the part of the Indians to part with those lands. Resolved, That his excellency the Governor be requested to forward a copy of the foregoing report and resolutions to the President of the United States, and one to our Senators and Representatives in Congress, with a request that they use their best exertions to obtain the object therein expressed. Resolved, That the late proceedings of the Cherokee Indians, m framing a constitution for their nation, and preparing to esta- blish a government independent of Georgia, is inconsistent with the rights of said State, and therefore not recognized by this government, and ought to be decidedly discountenanced by the general government. Resolutions approved, December 27,1827. [No. 496.] In Senate, December 21 st, 1827. The joint Committee to which was assigned the duty of pro- curing and presenting to the General Assembly a plan for the enlargement of the state house, ask leave to report: That of the two which they have had under consideration, the one furnished by Hamilton Fulton, Esq., State Engineer, has their decided preference. As this plan is handsomely exhibited on a tablet herewith re- ported, it is deemed unnecessary to add a minute description of it. It however consists essentially of an addition to the north end of the building, thirty-two feet long, comprising wings or rectangular projections on each side, twenty feet in extent of basement, with an elevation to correspond with that of the pre- sent building. Thus enlarged, the representative hall, exclusive of the spaces given to a principal aisle and narrower passages to the Speaker's chair, will afford seats for two hundred and sixty-eight members; a convenient promenade in the rear of the Speaker's chair, gal- leries of sufficient size to accommodate one thousand specta- tors, ten committee rooms, and two closets. The state house edifice enlarged and improved on this plan, will have jts princi- pal front towards the north, with a basement of ninety-four feet, and elevation of three ample stories, ornamented with windows, ramparts, &c. &c., in Gothic style. The architect, to whose politeness the committee is indebted for this plan, estimates the total cost of execution, at a sum be- tween sixteen and twenty thousand dollars: depending of course, on the contingent price of materials and the measure of ornamental finish which the taste of the superintendent may prescribe. He also states that should contracts be early and advantageously made for the supply of brick, timber, plank, &c, the building can be so far advanced by November next, to admit of use by the Legislature ; but that if retarded to a later period the work may nevertheless proceed without disturbing or changing the present condition of the representative hall until the close of the next session. Influenced by the seviews of the subject referred to their con- • sideration, the committee begs leave to ask of the General As- sembly its concurrence in the following resolves : First. That the plan for the enlargement of the capitol, here reported, be adopted and carried without delay into execution. Second. That his excellency the Governor have authority to charge the State Engineer, for any architect whom he may employ for that purpose, with the supervision and order of said work. Third. That his excellency also require the Secretary of State, or some other person of his own nomination, to keep an accurate account of the contracts made and moneys disbursed for and on account of said building; and that the Governor* shall in no instance draw a warrant for any moneys appropri- ated for such building, until such accountant shall have au- dited and allowed the claim, and his excellency shall have ap- proved the same. Approved, December 22d, 1827. [No. 497.] In Senate, December 22d, 1827. The joint Committee on Agriculture and Internal Improve- ment to whom was referred the reference from Senate on the subject of the appropriation made by the Legislature of 1825. for the Locust Stake road in Rabun county, beg leave to report: That they have had the report of the commissioners appointed by virtue of that resolution under consideration, and find that the sum of $1812.561 cents has been expended in opening said road, and that there remains an unexpended balance of $187.43f cents. We are happy to state that the object of the 100 RESOLUTIONS—1827. appropriation is accomplished and that wagons are traveling on 'condition of the other public waters of this State, that it is a said road. ' , , , subject of much and general inconvenience tp the whole of our Your committee therefore offer the following resolution: citizens, one way or the other. Your committee are of opinion, Resolved, That the unexpended balance of said appropriation tjhat the trade between the cities of Savannah and Augusta, amounting to $187.43£ cents be expended under the direction Affords the its patronage than respected that Georgia owned exclusively , the soil and jurisdiction of all ffor -its principles, and \Vhose Affection for its cause is measured the territory within , her limits, and that the attempted abroga. by its success alone.; 'Such an officer and such an instance of tion.ofthefreatv of the Indian Springs was illegal and unconsti- self-denial merits the gratitude of Georgia, and deserves and tutional; this Legislature cannot but conceive that it became, receives the thanks and approbation pf this Legislature, the hbunden duty ofthe'Governor to consider the whole tratisac- Read and agreed toi. ' tion as an invasion of our vested rights, offensive in its mariner, ' " < THOMAS STOCKS, President.. and not warranted f>y\,any principle Pf justice, meriting*that ••- hearty defiance which belongs to a people peculiar for their -a- In the House op: Refiussentatives, ** submission 'to constitutional authority, but equally remarkable ^ .. , , ; . : ,, . December 24^,-1827. for their oppositionj in; evefy shapC^ to tyranny and usurpatijonw Read and concurred in,,.r , And that he ought to Have beeri prepared to resisUhe.iriyastdn / ; , ' ' ; IRBY.' HUDSON, Speaker. RESOLUTIONS.—1827. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1827. [No. 501.] In the House of Representatives, November 9th, 1827. Resolved, That the Committee on Printing be directed to have 210 copies of the reports of the several banks printed for the use of this House. Approved, November 13th, 1827. [No. 503.] In the House of Representatives, November 13 th, 1827. Resolved, That all acts which may be passed during the pre- sent session of the Legislature, be printed so as to contain the signatures of the Speaker of the House of Representatives, the President of the Senate, and the assent and signature of the Governor. Approved, November 17th, 1827. [No. 504.] In the House of Representatives, November 13th, -1827. Whereas, by a resolution, passed on the 19th day of Decern- ber, 1825, for the better carrying into effect an act of the Ge- neral Assembly, passed the 9th day of December, 1824, to alter and amend an act to impose additional duties on peddlers and itinerant traders, passed the 9th day of December, 1819, the Comptroller General was required to publish quarterly in one of the public gazettes of Milledgeville, Augusta, Savannah, Da- rien, and Athens only, the names of all peddlers and itinerant traders who have taken out license for that purpose: for the better carrying into effect the provisions of said act. Be it therefore resolved, That in addition to the publications in the. several places pointed out and required by the above recited resolution, that it shall be the duty of the Comptroller General to publish in one of the gazettes in Macon the names of said peddlers and itinerant traders who have taken crut their license according to the provisions of the above recited act. Approved, November 17th, 1827. [No. 505.] In the House of Representatives, November 13th, 1827. Resolved, That the Commissioners appointed to superintend the navigation of the Chattahoochie river be, and they are hereby authorized and empowered to invest any part of or por- tion of the money heretofore appropriated for improving the navigation of said river, that they may deem necessary and ex- pedient, in the purchase of slaves: Provided, that the said slaves when purchased shall be and remain the property of the State, and shall be actually employed and kept in the service of 1A the State, in such manner and under such circumstances as the said commissioners may deem expedient and proper. Approved, November 17th, 1827. [No. 506.] [No. 502.] In the House of Representatives, November 12 th, 1827. Whereas, a bill is now pending in this House, to pardon Lud- well Watts, who is under sentence of death for the murder of Denton Daniel, and there not being sufficient time to act on said bill with proper deliberation before the day of execution: therefore Resolved, That the Governor be requested to postpone the execution of the said Ludwell Watts, until Friday the 14th day of December next, and that the sheriff of Butts county be no- tified thereof. Approved, November 14th, 1827. In the House of Representatives, November 12 th, 1827. Resolved, That his excellency the Governor be authorized to have erected over the remains of William W. Baker, late Se- nator from the county of Liberty, a monument, to express the respect and esteem in which the deceased was held, and as a tribute of respect to his public and private virtues. And that ,the Governor be authorized to defray the expenses of the same out of the contingent fund. Approved, November 17th, 1827. [No. 507.] In the House of Representatives, December 3d, 1827. Resolved, That his excellency the Governor be requested to pay the late state house officers the proportion of salary due them, according to the salaries received by them for the last year, out of the contingent fund of 1827, and that he also pay them the amount of fees due them on grants for land drawn in the lottery of 1827, at the rates prescribed by the act of the 24th De- cember, 1821, to establish the fees of the public officers on grants issued for the land obtained from the Creek and Cherokee Indians. Approved, December 10th, 1827. [No. 508.] In the House of Representatives, November 15 th, 1827. Resolved, That the Comptroller General be authorized to allow George Millen, tax collector of the county of Chatham, in his settlement of taxes for the year 1826, a credit of $23.64, being so much interest paid by him in the treasury on the taxes for the year 1825. Approved, November 21st, 1827. [No. 509.] In the House of Representatives, November 17th, 1827. The select Committee, to whom was referred the memorial of the commissioners of the late land lottery, report: That they have had the same under consideration, and from an examination of the books of the drawing made by the com- missioners, and deposited in the several offices of the State, they find that the duties imposed upon the commissioners have been discharged with that fidelity and accuracy which does ere- dit to themselves, and promotes in an eminent degree the inter- ests of the citizens of this State. They therefore recommend the following resolution : Resolved, That the sum of five dollars per day be appro- priated to each of the commissioners of the late land lottery, and the sum of five dollars per day to each of the clerks to said commissioners, as full compensation, and that the same be inserted in the appropriation bill. Approved, November 21st, 1827. [No. 510.] In the House of Representatives, November YIth, 1827. The Committee to whom was referred the petition of Joshua Milner, report: 106 RESOLUTIONS.—1827. That they have had the same under consideration, and from an examination of the books in the treasury office, they find, that the facts stated in the petition are true ; that the said Mil- ner was the purchaser of fraction number 137, in the 4th. dis- trict, in Walton county; that at the time of purchase he paid one fourth in cash of the purchase-money; that he has paid the two first installments, and that but one installment yet re- mains due, with some interest thereon. It further appears from the affidavit of said Milner, that some time last summer he lost his pockCt-book, in which was the certificate of purchase and the Treasurer's two receipts for the'two first installments. Whereupon your committee recommend the following resolution: Resolved, That his excellency the Governor be authorized, and he is hereby required, to issue a grant to Joshua Milner for fraction number 137, on his paying into the treasury the amount of the last installment due op said fraction, together with all interest which may be due thereon, and' filing in the executive office an affidavit of the loss of the certificate of purchase, and that the" same was not transferred by him in any manner whatever. * Approved, November 21st, 1827. [No. 512.1 In the House of Representatives1, November 22d, 1827. Resolved, That the sum of two thousand dollars be appro- priated to the repairing and painting the government house, and for furnishing the same, and that the said amount be paid out of any moneys in the treasury not otherwise appropriated, and that the same be expended under the direction of George R. Qlayton, Esq., for the purposes aforesaid. Approved, December 20th, 1827. [No. 513.] In the House of Representatives, December 5th, 1827. Resolved, 'That the sum of $20,000 be, and the same is hereby appropriated for the purpose of enlarging the state house for the accommodation of the Legislature, upon such plan as may be adopted by this Legislature, or by a committee appointed for that purpose, and that the same be inserted in the appropriation bill of this session. Approved, December 10th, 1827. [No. 514.] , In the House of Representatives, December 8th, 1827. "Whereas, William W« Brown, then of Jones countyy as principal, and Warren Jourdan, George B. Lticas, Frederick Lucas, and Kindred C. Knight, as his securities, on the 29th May, 1824, executed a bond to the then Governor of the State, under the penalty'of $5,000, conditioned for the payment of $861 on the lst'day of January, 1825, $861 on the 1st day of January, 1826, and $861 on the 1st of January, 1827, with interest on each installment from the. date of said. bond. And whereas, the said William- W. Brown has absconded with the whole of his property, which be had not previously dis- posed of, to parts unknown. ( 7 And whereas, the said George and Frederick Lucas, and Kindred C. Knight, have become insolvent, and gone to parts unknown, by reason whereof the payment of the whole-of said, debt devolves on the said Warren Jourdan. Wherefore, Be it resolved, That the Governor be authorized and required to receive, in payment of said bond, the bond of said Warren Jourdan, with good and sufficient security in the penalty of $5,000, conditioned for the payment of $861 on the 1st day of .January, 1829, and f;he like sum on the 1st day of January, 1830, and the like sum on the 1st day of January, 1831, with interest on each installment from- the 29th day of May, 1824, until the same becomes due. . And that upon the giving of said bond by the said Jourdan, the Governor cause to be deli- vered by the- Solicitor General of the Ockmulgee circuit, the bonds aforesaid of William W. Brown,and his securities to the said Warren Jourdan, with the entry of satisfaction thereon by Warren Jourdan, to pursue his remedy against the princi- pal and co-securities; and upon the payment of cost by said Jourdan, 4the Solicitor General aforesaid is required to dismiss all actions which may have been commenced on said bonds. Approved, December 14th, 1827. [No. 515.] " In the House of Representatives, December 8tfi, 1827. " The select Committee, to whom was referred the report of the commissioners of the Macon bridge, have examined the same, and find from said report that said commissioners drew from the treasury of this State the sum of $10,000, in pursu- ance of the act ( passed in relation to said , bridge: that $9830-38 have been expended by said commissioners, about the building of the bridge, and expenses incidental to the same: that there now remains an unexpended balance in the hands of said commissioners, of $169.62: that the vouchers accom- panying said report of the commissioners correspond with the items contained in their account current, and -show the dor- • rectness of said account. , Yourcommittee therefore submit the following resolution : Resolved, That the commissioners of the bridge at Macon be allowed a credit on their bond for the sum of $9830.38, and that said commissioners pay into the treasury of this State the said sum of $169.38,it being the unexpended balance, of remain- ing in their hands as aforesaid, and upon the payment thereof , that his excellency the Governor be, and he is hereby authorized and directed to cancel the bond of said commissioners. Approved, December 14th, 1827. [No. 516.] In the House of Representatives, > ) . ; December llth, 1827. Resolved, That the Governor be, and he is hereby requested to have published forthwith in the public gazettes ofMilledge- ville and Macon the act passed at the present session to alter and fix the time of holding the Superior and Inferior Courts in the Chattahoochie circuit. Approved, December 14th, 1827. [No. 517.] In the House of Representatives, December 11th, 1827. The joint special Committee appointed to count the money in the Treasury, and see, the same delivered over by the late to the present Treasurer, having performed that duty, beg leave to make the following report, viz.: By the annual reports of the late Treasurer and: Comptroller General, submitted to this Legisla- ture at the commencement of the session, it ap- pears that the cash balance in the treasury on the 31st day of October last, then amounted to the sum of - .... - - $633,444 38 The late Treasurer paid over to Hines Holt, Esq., Treasurer, the amount received by him from the 1st to the 24th of November last, the sura of - 27,513 10 Making ' $660,957 48 ( The late Treasurer exhibited to the committee sundry warrants drawn on the treasury, which had been paid by him, from the first to the 24th days -of November last, both days inclusive amounting to - - ' . - - - $23,654 34 Which being deducted from the amount of cash in the treasury, as above mentioned, shows the balance in cash in the treasury on 24th day of November last, when James Bozeman, Esq., ceased to act as treasurer, to be - . $637,303 14 Which balance your committee have seen counted and delivered over to the present Treasurer,. Hines Holt, Esq., in bank notes and specie, to wit: RESOLUTIONS.—1S27. 107 In notes of the Darien Bank, * * - $490,261 State Bank, - - - 117,505 " Augusta, . 3,065 " Planters', ... - 6,125 In United States Bank notes and checks, . 19,303 41 In silver, French crowns and half crowns, . 1,043 90 $637,303 31 Which amount, with the exception of the Darien Bank bills, your committee have delivered over to the present Treasurer unsealed. Your committee have sealed and delivered to the Treasurer the Darien Bank bills, in packages numbered from one to six inclusive, to wit: Package No. 1 contains Darien bills amounting to $117,500 No. 2 " « 137,500 No. 3 " « 113,000 No. 4 " « 12,661 No. 5 « « 72,450 No. 6 " « 37,150 [No. 518.] In the House or Representatives, December 12 th, 1827. Resolved, That the Comptroller General be instructed to allow Edmund Bugg, tax collector of Richmond county, four hundred and twenty-three dollars and, fifty cents, which sum is impro- perly charged against him, evidently by mistake. And as the said tax collector has paid to the receiver of tax returns of Richmond county, on the Comptroller General's re- ceipt and order, commissions more than were due but for the mistake : It is further resolved, That the Comptroller General allow such payment in his settlement with Edmund Bugg, and give notice to Oliver Reed, the present collector of taxes in Rich- mond county, to retain in his hands, from the money which will be due to the receiver, the commissions that is over paid for the year 1826, also what excess of commissions may be receivable for 1827, a similar mistake being discovered in the digest for that year. Approved, December 12th, 1827. [No. 519.1 In the House of Representatives, December 12 th, 1827. Whereas, by the recent adjournment of the Superior court of Twigo-s county, the tax collector of said county was not enabled to lay°before the Grand Jury his insolvent list, and consequently has not been allowed him : for remedy whereof, Be it resolved by the Senate and House of Representatives, That Jordan W. Lee, tax collector of Twiggs county, be allowed the amount of his insolvent list, provided the same does not exceed $320 of general taxes until the sitting of the next Supe- rior Court of said county, when the same may be allowed him by the Grand Jury, or rejected, as the case may be, and that the Comptroller General be required to suspend any proceedings against him for said amount until the expiration of the next term of the Superior Court of Twiggs county. Approved, December 18th, 1827. Making $490,261 To which add the amount of specie, United States Bank notes and checks, the bills of the bank of the State of Georgia, Augusta and Planters' Banks, delivered to the present Treasurer un- is 147,042 14 Which makes the amount in the treasury $637,303 14 Which was delivered over by the committee to the present Treasurer, Hines Holt, Esq., on the thjrd day of December, 1827. Your committee further report, that they have sealed up in three packages: No. 1 and 2 contain.the Governor's, President's, and Speaker's warrants paid by the late. Treasurer, for the political years 1825 and 1826, ending on the 31st day of October last; *and No. 3 contains Governor's warrants paid by the late Treasurer from the 1st to the 24th days of November last, both days included. Read and agreed to. IRBY HUDSON, Speaker. In Senate, December 13th, 1827. Read and concurred in. THOMAS STOCKS, President. [No. 520.] In the House of Represesentatives, December 14th, 1827. Resolved, That his excellency the Governor be requested to pay out of the contingent fund the funeral expenses of John Bell, Esq., late a member to the House of Representatives of this State, from Decatur county, and that he cause to be placed a suitable tombstone over the grave of the deceased, the ex. penses of which to be defrayed in like manner. Approved, December 19th, 1827. [No. 521.] In the House of Representatives, December 15 th, 1827. Whereas, J. B. Pendleton, one of the commissioners of the poor school fund of Walton county, has removed from said county hav- ing in his hands a considerable amount of money belonging to said fund, which has prevented the remainder of said commissioners from making a proper return of the expenditure of said fund, thereby excluding them from a warrant in their favor for any further amount: Be it therefore resolved, That his excellency the Governor be, and he is hereby authorized to draw his warrant on the trea- sury, for the distributive share of the poor school fund to which said county of Walton is entitled ; and that the Justices of the Inferior Court of said county of Walton be requested forthwith to prosecute the bond given by said Pendleton. Approved, December 24th, 1827. [No. 522.] In the House of Representatives, December 18 th, 1827. Resolved, That his excellency the Governor be, and he is hereby authorized and required to pay to the trustees of the poor school fund of Franklin county, or their order, last year's dividend of that fund due said county, as well as the dividend that may be declared on said fund, in favor of said county, the present session of the Legislature ; for which purpose he is hereby authorized to draw his warrant on the treasury. Approved, December 24th, 1827. [No. 523.] In tjie House of Representatives, December 18 th, 1827. The Committee on Agriculture and Internal Improvement, to whom was referred the report of the commissioners for the im- provement of the navigation of the Oconee river, have ex- amined the same, and report: That the labor on the river seems to be directed with some judgment, and the result promises to be advantageous. A con- tract has been made for the erection of a lock and dam at the Whetstone Shoals, according to the plan of the civil engineer. The work is progressing, and its completion may be confidently expected in the ensuing summer. The funds and property of the commissioners consist in one hundred shares of State Bank stock, twenty thousand dollars Darien money on deposit, and seven hundred dollars for negro hire, nineteen negro men and flats, and the apparatus common for removing obstructions from rivers in this State. This amount is liable to a deduction of six thousand five hundred dollars, the contract price for the lock and dam at the Whet- stone Shoals : the balance will be applicable to future improve- ments on the said river. * IRBY HUDSON, Speaker, In Senate, December 20th, 1827. Read and concurred in. THOMAS STOCKS, President. 108 RESOLUTIONS.—1827, TNo. 524.1 In the House of Representatives, [No. 527.1 Ix the House of Representatives, December 21s*, 1827. . ' December 22d, 1827. Whereas, it appears there are arms and munitions of war, to Resolved, That Charles Gates, jun., be, and he is hereby a considerable amount, belonging to the State, in the city of 8a- appointed commissioner of the Chattahpphie river, in addition vannah, which are now in a very exposed situation, and liable to to those already appointed. • " ^ o-reat injury : , And it further resolved, That before the said Charles & Be it therefore resolved, That his excellency the1 Governor" Gates, jun. enters on the duties of the appointment, he go forward be, and he is hereby authorized and, requested to take , such fo his excellency the Governor, and enter himself in the bond immediate measures as may appear necessary for the preServa- with the other commissiners already appointed, and then shall tion. of said arms, &c., and that he pay the expense out of be considered as commissioner, in full power with those already the contingent fund". . ;. '' appointed on said river. Approved, December 24th, 1827. Approved, December 26th^ 1827. [No. 5?5.] In the House of Representatives, ,, , [No. 528.] > In the House of Representatives, December 21s*, 1827.. : ( ' December- 22d, 1827. Resolved, That Lucius Q,. C. Lamar and Richard K. Hines, Resolved, That the suit now pending in the Superior Court of Esqs., be, and they are hereby appointed agents and attorneys Bibb county, in favor of the State against John Loring and his to prosecute to a final settlement the accounts of Col. Bedney securities, be prosecuted: to a final issue ; and id the event of a Franklin, late Solicitor General of the Ockmulgee circuit,, de- recovery, that the Solicitor General of the Flint circuit be, and ceased, and of Capt. AdamG. Saffold and Col. Seaborn Jones, lie is hereby instructed to have the whole of said debt, if possi- his successors in office, and also the accounts of clerks, she- ble, collected with the least possible delay, out of the property riffs, and others who may be in arrears to the State, on account of the said Loring and his Securities. of the business originally intrusted to Col. Franklin: Resolved, That the Comptroller General be, and he is hereby Resolved further, That said attorneys be vested with discre- instructed to cause suit to be instituted against Samuel Jackson , tionary powers to allow and admit any amounts as Sets:off, and his securities, and that the Solicitor General, into whose which the aforesaid parties may justly plead, as. compensation hands the>said case may come, be, and he is hereby instructed to for services or as fees for collections, not exceeding 5 per cent, use all legal means to recover . and collect the said debt out on collections made, and 2| per cent, on all, amounts carried of said parties, or so much thereof as may remain due. to judgment but not collected. _ w Resolved, That the said judgment against Fleming F. Adrian Resolved, That said attorneys proceed forthwith to collect be, and the same is hereby suspended for and during the term any balances which may be due on all bonds originally deli- of twelve months. „ 1. vered to Col. Franklin, but which remain uncollected ; and that Approved, December 26th, 1827. said attorneys be allowed 5 per cent, on all amounts by them ., collected and paid into the treasury,< as compensation for their [No. 529.] In the House of Representatives, services so rendered, in pursuance of the foregoing resolu- - • . December 22d, 1827. tions. x Resolved, That Mary Ann Tucker, and her securities, Ben- Approved, December 22d, 1827. ~ jamin J. Harper and Samuel Cunningham, be granted indul- gence upon a bond given by them to the State for one half of [No. 526.] IN the House of Representatives, lot number one hundred and sixty, in the second district of : 1 December 22d, 1827. originally Baldwin county, until the 25th day 'of December, The select Committee, to whom was referred the petition of 1828, for the balance due on said bond, upon giving additional Elisha Tarver, report: security to his excellency the Governor. That the said Elisha Tarver became security for Joseph Approved, December 26th, 1827. Bennett, for the rents of the public ferry across the Ockmulgee . - river at Macon; that the said Bennett has become wholly insol- [No. 530.] In the House of Representatives, vent, whereby the whole debt has fallen upon the security: ' * , December 22d, 1827. that, for the purpose of indemnifying himself as far as possible, v Resolved, by the Senate arid House of Representatives of the the said Tarver took from the said Bennett a transfer of con- State of ^Georgia, in General Assembly 'met,, That the Comp- siderable property, a part of which has been levied upon by troller General be, and he is hereby authorized arid required to the sheriff of Bibb county, on the property of the said Ben- deliver to Roily Mcintosh any bond or bonds in his office on nett, to satisfy sundry fi. fa.'s against him, and has been claimed account of the rent of any fraction or fractions on which, by the said Tarver, which said clairn is now pending and un- the said Mcintosh resided, and that the said Mcintosh be relieved decided in Bibb Superior Court: that the last Legislature, by' from the payment of any sum or sums, as aforesaid, as. fully a resolution, gave indulgence to the said Tarver until the first and effectually as if no such bond had been given, of next January, upon his giving good and sufficient security Approved, December 26th, 1827. ^ for; the whole debt: that he did give a bond with John Robin- > , > <— v son and Newdygate Ously "as securities ; that the Said debt is [No. 531.] In the House of Representatives, amply and entirely secured to the State, and is upon interest. December 22d, 1827. Your committee therefore think the prayer of the petitioner, in Resolved, by the Senate and House of Representatives of the part, is reasonable, and they recommend the adoption of the State of Georgia, in General Assembly met, That Mark Shipp ' following: - and Robert Fleming be appointed commissioners of Double Resolved, That the Solicitpr General of the Flint circuit be, Branch Academy, of the county of Lincoln, in addition to those and he is hereby authorized to suspend, until the first day of already appointed. January, 1829, the. Collection of the amount due the State on Approved, December 26th, 1827. the bond given by Joseph Bennett and the said Elisha Tarver, as — his security, for the rents of the public ferry across the Ockmul- [No. 532.] In'the House of Representatives, gee river at Macon, for the year 1825, provided the said Ben- December 22d, 1827. nett or Tarver, shall and does, within two months from the Resolved,, That Messrs. Watson, Howard of Baldwin, and adoption of this resolution, pay all interest which shall have Burns, be, and they are hereby appointed a committee to bring occurred upon the said demand up to the first day of January up and close the unfinished business of the Legislature, and that next* they be allowed three days to perform the same. Approved, December 24th, 1827. Approved, Dec^mb er>2fith 1827. RESOLUTIONS.—1827. 109 [No. 533.] tiie House or Representatives, December 22d, 1827. Whereas, There are defects in the penal code of this State, and in the penitentiary system and discipline, which ought to be remedied, and by availing ourselves of the experience of other States, these defects may be remedied : Be it therefore resolved, That his excellency the Governor be, and he is hereby requested to procure from the Governors of the respective States in which penitentiaries have been established, copies of their respective penal codes and of the codes regulating their penitentiary discipline, and also such information on the subject of penitentiary discipline as from experience they may believe would be useful, together with the amount of annual pecuniary profit or loss to the State from such establishment, and to report such information as he may procure to the General Assembly at the next session. Approved, December 26th, 1827. [No. 534.] In the Mouse op Representatives, December 22d, 1827. Resolved, That David Thrash, E. B. Browning, Minor Cul- pepper of Monroe county, William Scott and Henry Anolph, of Bibb county, James Bunkley and Josiah Hardy of Butts county, be, and they are hereby appointed commissioners for that part of the Ockmulgee ri\ er lying above Macon, with full power to remove all obstructions in said river, taking care that their actings and doings do not interfere with the main current of said river. Approved, December 26th, 1827. citizens of Morgan county, in favor of Joseph Darnell, one of the trustess of the poor school for said county, have had the same under consideration, and learn that said Joseph is one of the trustees of the poor school fund for Morgan county; that the office which he holds is one of responsibility, without emo- lument; and that some time during the present year the sum of $60 belonging to the aforesaid fund, then in his possession, was stolen from him. They therefore beg leave to submit .the fol- lowing: Resolved, That the Justices of the Inferior Court of Morgan county be, and they are hereby authorized and required to allow to Joseph Darnell, one of the trustees of the poor school fund for said county, the sum of $60 ; and that the same be passed to the credit of the trustees of said fund in their next exhibit to said Justices ; and that said sum of $60 be entered in the next official return of said trustees to the Executive as a credit in their favor. Approved, December 26th, 1827. [No. 535.] In the House of Representatives, December 22d, 1827. The Committee to whom was referred the memorial of Daniel C. Campbell, has had the same under consideration, and beg leave to report: That your committee considers the prayer of your memorial, ist reasonable and ought to be granted. Be it therefore resolved, That the trustees of the poor school be instructed to pay over to Daniel C. Campbell the sum of sixty- six dollars, for his services in the tuition of the poor children of his school, for the year 1827, out of any moneys of the poor school of Jones county, not otherwise appropriated. Approved, December 26th, 1827. [No. 536;] * In the House of Representatives, December 22d, 1827. Ihe Committee to whom was referred the petition of Curtis G. Gray, has had the same under consideration, and beg leave to report: That they consider the petitioner entitled to some pay for his services in the tuition of poor children in his station of Jones county, but not the amount charged in his account, made out against the trustees of the poor school fund of said county. Con- sidering him however entitled to some remuneration : Be it therefore resolved, That the trustees of the poor school of Jones county be instructed to pay over to Curtis G. Gray the sum of ninety dollars, out of any funds not otherwise appro- priated, as an indemnity for his services in the instruction of the poor children of his school for the political years 1826 and 1827. Approved, December 26th, 1827. [No. 537 1 In the House of Representatives, J December 24th, 1827. Resolved, That the Senators and Representatives of this Ge- ueral Assembly shall each receive a copy of the laws and jour- nals of the present session, when printed; and that copies be delivered them' accordingly,by the proper officers in their respective counties. Approved, December 26th, 1827. I No 538.1 the House of Representatives, December 22d, 1827. The Committee to whom was referred the petition of sundry [No. 539.] In the House of Representatives, December 24th, 1827. Resolved, That this Legislature accepts the proposals of Messrs. Camak & Ragland, who propose to execute the work at seven mills per sheet of eight octavo pages. The execution of the work is to correspond in every particular with that of the laws and journals of 1824, which are to be taken as the stand- ard. The laws are to be delivered by the first of March, and the journals by the first of April. The laws are to be bound as usual, in blue covers, free of charge. They have tendered Hines Holt, Esq., as security. Approved, December 26th, 1827. [No. 540.] In the House of Representatives, December 15th, 1827. The Committee on Finance, to whose examination was refer- red the Comptroller General's office, have examined the books thereof,- and find them kept in a manner creditable to that officer, and to correspond with his report, so far as they have examined: they also find in that office a great number of bonds and some receipts for bonds given out for collection, and believe them to be as set forth in the schedule of that officer; but they have not time to go into a minute examination thereof. They also find the books and records of that office all brought up to the 31st of the past month. The committee have also examined the treasury office, and find that the Treasurer's abstract, exhibiting a balance in the treasury, on the 31st October last, of $633,444.38, is correct; and that they have also examined his receipts and disbursements from the first to the twenty-fourth November, inclusive, and find there is a balance due the State upon the business of that time, of $3,858.76, making together $637,303.14 in the treasury. They further beg leave to add, that the books and accounts of that office have been kept in a manner highly creditable to him. The committee would here remark, that previous to their being able to bring their duties to a close agreeably to their instructions, they have been relieved from an important part of their duty by the appointment of a joint committee by both branches of the Legislature, to count and deliver over the mo- ney in the hands of the late Treasurer to the present incum- bent. They beg leave to recommend that the Treasurer's abstract, the Comptroller General's report, and the list of warrants drawn by his excellency the Governor, and referred to this committee, be considered as part of this report, and entered on the journals. Read and agreed to. IRBY HUDSON, Speaker. Read and concurred in. In Senate, December llth, 1827. THOMAS STOCKS, President. 110 RESOLUTIONS.—1828. RESOLUTIONS WHICH ORIGINATED IN THE SENATE, IN 1828. [No. 541.] In Senate, December 10th, 1828. 1 The joint» Committee on Banks, td whom was referred the statement made by the Bank of the State of Georgia, report: , That said statement warrants the committee in the declara- tion that the condition of the said bank is sound, and that its af- fairs have been managed with prudence. - - * Read and agreed to. THOMAS STOCKS, President. Read and concurred in. House of Representatives, ' December 19^, 1828. IRBY HUDSON, Speaker. [No. 542.] In Senate, December 19th, 1828. Resolved by the Senate and House of Representatives, That Elliot Calhoun, of Bibb county, be appointed a commissioner of the Ockmulgee navigation cbmpany,1 aboye Macon, to fill the vacancy occasioned by the resignation of Noah Betts. Approved, December 20th, 1828. . - [No. 543.] In Senate, December 5th, 1828. The Committee on Finance, to whom was referred the com- munication of his excellency, the Governor, and the report of the Treasurer and Comptroller General, on the claims of John McBride, Esq., deceased, late Surveyor General, after -due and careful examination of the same, find that there is due to the said John McBride, for services rendered in recording 121 head right plats, 462 lottery grants, and 70 maps of fractional surveys in the countips of Lee, Muscogee, Troup, Coweta, and Carroll, with the numbers of the adjoining squares or lots for the use of the commissioners of the fraction sales. They therefore recom- mend the adoption of the following resolution: Resolved, That the sum of five hundred arid eight dollars be, and the same is hereby recommended to be appropriated to John McBride, Esq. deceased, late Surveyor. General, for services rendered in recording 121 head right plats, 462 lottery ^grants, and 70 maps of fractional surveys, in the counties of Lee, Mus- cogee, Troup, Coweta, and Carroll, with the numbers of squares and lots adjoining, for the use of the commissioners of fraction sales, and that the same be placed in the appropriation law of the present session. .* ' . ■ . Approved, December 20th, 1828. ' ' [No. 544.] Tn Senate, December l8zA, 1828. The joint Military Committee submit the following report : That they have examined into tke state of the Arsenal and Magazine, and have found the arms, ordnance, and munitions of war, with* a few exceptions, in good order and preservation. From the recent appointment of the military storekeeper, it, has been iut of his power to render us that aid which might otherwise been calculated on: Having no invoice, our exami- natlop has been more limited than it would otherwise have been; but as far as this examination has extended, they feel satisfied in the manner which the keeper has discharged his duties. The committee find a number of the arms, of different descriptions, uufit for service, also a considerable quantity of camp equipage, together with the leather of the gun carriage harness ; all of which, except thosfe guns which can be repaired for a small sum, they think should be disposed of as early as practicable. The following is a statement of the number of arms and ac- coutrements, received since the first of November last, to wit: 23 boxes, each containing - - 20 rifles. 40 " " « .. . 20 muskets. 1 box, containing - - - 17 do. * 4 boxes, each containing - - ~ 50 sabres. 1 box, containing - - - 24 do. 224 sabre belts. > 17 cartridge boxes. 17 belts. * " . 17 bayonet scabbards. ' , 17 belts. 1 : . „ 1 box, containing - 250 sets of rifle implements, "l box, "i - . 210 " " 1 - - 250 rifle flasks. 8 boxes, each containing \ cartridge.boz belts. p I 100 bayonet scabbards. 8 | 100 cartridge-box belts. 100 bayonet-scabbard belts. Your committee state, that they have examined the ammuni- tion in the magazine, which appears to be in good order. Your committee recommend that the keeper of the arsenal shall, as soon as practicable, clean all the arms that are fit for service, or that may be repaired, and place them imgood boxes; and that his excellency the Governor cause to be made such im- provement in the arsenal as he may deem proper, to protect the upper floors from the pressure of the arms, and cause all the arms to be deposited in the upper stories of said building, and that as many of the gun carriages and harness as may be con- Veniently done, be deposited in the lower floor of said building, taking care that the same be protected from the moisture by placing them on plank. For the purpose of carrying into effect the foregoing report, we~ would recommend the following reso- lutions': Resolved, That the sum of one hundred dollars be appropri- ated for compensating the military storekeeper for his trouble in cleaning and boxing up tfye arms, &c., which are not now in good order, as soon as he may have placedthe arms in the situ- ation before and hereinafter described. And be it further resolved, That the military storekeeper be authorized, under the direction of his excellency the Governor, to employ some suitable person to repair all such arms as can be made fit for service at a small expense. • And be it further resolved, That the military storekeeper be authorized, under the direction of his excellency the Governor, to sell and dispose of all such arms of any kind as cannot be made fit for service without considerable expense, together with the camp equipage now on hand ; also that part of the gun-car- riage harness which consists of leather, the amount of which shall be paid into the treasury. And be it further resolved, That the military storekeeper be requested to box up in good order all such arms' as are now or may be hereafter made fit for service, and label the same, with RESOLUTIONS.—1828. Ill the number and quality of arms they contain. An invoice of all the arms in the arsenal, and their situation, shall be by him de- livered to each annual session of the Legislature, to the chair- man of the military committee, for the purpose of aiding said committee in their examination of the same. And be it further resolved, That his excellency be, and he is hereby authorized to pay all expenses that may be incurred by carrying into operation the above contemplated objects, out of the contingent funds. Approved, December 20th, .1828. [No. 545.] In Senate, November \4dh, 1828. Resolved, That the Governor is hereby authorized and re- quested to pay from the contingent fund $26 to David Clements, $28 to Robert Paxton, and $26 to Jonathan Knight, bearers of the returns of the election of electors of President and Vice Pre- sident of the United States, of the counties of Wayne, Cam- den, Glynn, and Lowndes, to the seat of government. Approved, November 15th, 1828. [No. 546.] In Senate, November 18th, 1828. Resolved, That the county surveyor of Hall county be, and he is hereby appointed to examine and report to the next Legis- lature the number of islands in the Chattahoochie river which have not been surveyed, opposite to and lying in the county of Hall, that contain more than four acres, and which have not been sold for the benefit of the State. Approved, December 20th, 1828. [No. 547.] In Senate, November 21 st, 1828. Resolved, That his excellency the Governor be requested to cause the commissioners now employed in selling the fractions, islands, &c., of the lately acquired territory, to suspend until the 25th of December next, all fractional surveys, islands, and lots ofland, in the first district, orginally Muscogee. Approved, November 21st, 1828. [No. 548.] , In Senate, November 28th, 1828. Resolved, That the executive appointment of Dr. John C. Tunno, as commissioner of the river Altamaha, in place of Roswell King, sen., be and the same is hereby confirmed. Approved, December 9th, 1828. [No. 549.] In Senate, November 22d, 1828. Whereas, John Kenor, formerly of Bibb, now of Upson county, became security for Lawson J. Kenor, for the rent of the ferry across the Ockmulgee river at the town of Macon, for the year 1822, for which rent a judgment for more than twenty-one hundred dollars with interest and costs have been recovered against the said John Kenor : And whereas, the said John Kenor had indulgence extended to him until the first day of January last, by paying up eight hundred dollars of the principal of said debt,together with the interest and cost which had accrued thereon, and giving security to the satisfaction of the Solicitor General of the Flint circuit, for the payment of the balance due on said execution : And whereas, a further indulgence has been given the said John Kenor, until the first day of March next, by his paying the further sum of three hundred and twenty-five dollars of the remaining principal, together with the interest that had accrued thereon, and giving such additional security as the Solicitor General of the Flint circuit may require for the balance due on said execution. Be it therefore resolved, That all further proceedings be stayed on said execution, for one year from the first day of April next: Provided, That the said John Kenor do pay, by the first day of April next, the interest which has accrued on said execution and three hundred dollars of the remaining principal, and give addi- tional security, if required by the Solicitor General of the Flint circuit, for the absolute security of said debt. Approved, December 30th, 1828. [No. 550.] In Senate, November 22d, 1828. The select Committee to whom was referred the petition of Thomas White, of Columbia county, beg leave to report, that it appears, from the petition and documents accompanying the same, that the said Thomas White faithfully served his adopted country, he being an Irishman by birth, as a quarter-master and. soldier in the revolutionary war, in the State of Georgia; that he lost a valuable horse at the battle of Burke jail, which was captured by the British and tories; and that the said Thomas White has received no compensation for his services as soldier, or for the horse captured by the enemy. Your committee therefore believe that the claim of the peti- tioner is just and reasonable, and that the prayer of the peti- tioner ought to be granted. The committee therefore beg leave to recommend the adoption of the following resolution : Resolved, That the siim of one hundred dollars be allowed the said Thomas White, for his services as quarter-master and soldier in the revolutionary war, and for a horse captured by the enemy at the battle of Burke jail, and that the same be pro- vided for in the appropriation law. Approved, December 20th, 1828. [No. 551.] In Senate, November 25th, 1828. Resolved, That Thomas King, Esq. be, and he is hereby ap- pointed a commissioner of the river Altamaha, in the place of Dr. Charles West, resigned. Approved, December 13th, 1828. [No. 552.] In Senate, November 26th, 1828. Resolved, That the executive appointments of John F. Wil- liams, in the place of John Kell, Esq., deceased, and James Smith, Esq., in the place of Roswell King, jun. Esq., resigned, and Wm. Scarborough, Esq., in place of Geo. Atkinson, deceased, as a commissioner of the river Altamaha; and that of Philip R. Younge, Esq., as a director of the Bank of Darien, in place of George Atkinson, Esq., deceased, be, and the same is hereby confirmed. Approved, December 9th, 1828. [No. 553.] In Senate, November 27th, 1828. Resolved, That the Secretary of the Senate be, and he is hereby required and directed to have bound, in volumes of con- venient size, fifty sets of the printed journals of this State, on the like plan of those presented to the Senate by him as a spe- cimen, at the price of sixty cents per volume for the quarto journals, and fifty cents per volume for octavo journals, and that his excellency the Governor pay for the same out of the print- ing fund. Approved, December 20th, 1828. [No, 554.] In Senate, November 29th, 1828. The Committee to whom was referred so much of his excel- lency's message as relates to the map of Virginia, lately trans- mitted by his excellency Governor Giles of Virginia, beg leave to report: That the splendid map of Virginia, lately presented to our State, is regarded by this Legislature, as a distinguished evi- dence of the taste, the patriotism, and liberality of one of the oldest and most respectable members of this confederacy, and that our warmest acknowledgements are due to her General Assembly and Executive for this signal token of esteem. Resolved therefore, That the map of Virginia recently re- ceived as a present to our State, be carefully preserved in the executive office, as a splendid specimen of the fine arts, and as an evidence of the high value which we place on a gift so kind- ly bestowed upon us. Resolved, That this Legislature tender to each branch of the General Assembly of Virginia, and her distinguished Chief Magistrate, their warmest acknowledgments for this signal mark of her regard, and their confidence in, and attachment to, the wisdom and patriotism of her people. 112 RESOLUTIONS.—1828. • Resolved, That his excellency' the Governor transmit to his [No. 556.] In Senate, December 4th, 1828f excellency the Governor of Virginia, and both branches of her Resolved, That the execution of the State against John A. General Assembly, copies of this report and resolutions. ' Cuthburt, Isaiah Favor, and Luke J. Morgan, be suspended as Approved, December 20th, 1828. against said Favor, until ordered to proceed by the Legislature: Provided that no measures should be used to prevent the sale of ic. AO 1 ocw7 Icoc two fractions, to wit: numbers two hundred and eighty-five and [No. 555.] In Senate, November th, 28. two hundred and ninety-two, in the fourteenth district of origi. The joint,Committee on the state of the Republic, to which nally Baldwin now Putnam county, which by a resolution has was referred tlie message of the Governor, respecting the passed each branch of the Legislature at this session, has been agreement between this State and South Carolina, relative to ordered to be sold by virtue of a mortgage fi. fa. due the State the navigation of the Savannah and Tugalo rivers, have had against the same : and in case of any measures being taken to the same under serious consideration, and beg leave to report: prevent the sale aforesaid, the Governor is required to proceed That in the year 1820, Georgia was invited by South Caro- t0 have the fi. fa. first aforesaid collected from said Cuthbert lina to enter into a convention or compact to improve the navi- an(j Favor. ' , gation of the Savannah and Tugalo rivers: commissioners were, .Approved, December 20th, 1828. in pursuance of that call, appointed by this State* who, in con- junction with the South Carolina delegates, actually concluded * . , a convention, with the proviso, that such convention was not to [No.v 557.] \ In Senate, November 5th, 1828. . be binding or obligatory op either of the contracting parties, Resolved, by tjie Senate and House of Representatives of the uritil ratified by the Legislatures of both States, and approved State of Georgia, in General Assembly met, That the compensa- by the Congress of the United States, agreeably to a provision tion to the Electors of President and Vice President in this of the federal constitution. > State shall be six dollars a day while in actual service, and six The convention Was ratified by Georgia, by an act of the, dollars for every .twenty miles of travel to the seat of govern- General Assembly of the 20th December, 1823, and by the.Le- ment and back to their places of residence; and that the gislature of South Carolina on the 20th December, 1,^25. amount paid to the Electors of the present year, shall be From a want of concert, however, between the delegations charged to the, contingent fund. of the two States in Congress, no application has ever been And be it further resolved, That his excellency the Governor preferred to the general government fox its assent. Inasmuch be requested to pay the several sums so allowed out of the as both the contracting parties have made this assent a condi- contingent fund of 1828. tion precedent to the binding of the instrument, it is, therefore, Approved, December 5th, 1828. for wa vof it, incomplete ; a circumstance, in the estimation of - your committee, by no means affording < just cause of regret. . ' s Recent Indications exhibited in South Carolina evidence very [No. 558.] ' * In Senate, December 8th, 1828. clea. ly not only the unwillingness but the inability of that State The Committee, to whom was referred the petition of sundry tc id in the consummation of the proposed undertaking. citizens of Lowndes county relative to the resurvey and cor- The Governor of South Carolina, in a. letter ,addressed to the rection of the eleventh district, of Irwin now Lowndes county, executive of this State, frankly admits, " that the incorporation report: : ' ' of a company to erect a rail roadv from Hamburg to the city of - That they have had the said,petition and resolution referred Charleston, which it seems will be carried into effect, will ren- -to under their attentive consideration, and believe the prayer der this State averse to expending any money on the river be- . of the petition to be reasonable and just, and that it ought to low August^." In another part of the same letter, he says, " it he granted. They therefore beg leave to offer the following re- is not likely that in any short time this state will make any appro- solution: ; , priation for clearing, the river above Augusta; in favor of this Resolved,. That his excellency the Governor be requested, course we have pne unanswerable argument, the low state of after the first day of January next, to send some competent our treasury." This confession impress your committee with surveyor to examine the eleventh district, formerly Irwin, now 'the belief, that should the complete ratification of the.conven- Lowndes county, and report whether the same has been sur- tion be obtained^ it would, under existing circumstances, be in- veyed according to law; and if it is foun,d not to be surveyed operative or ofnio avail. Georgia, we apprehend, would be according to law, his excellency the Governor is hereby re- unwilling to fetter herself by a positive pledge, when there was quested to have it surveyed, giving John H. Brodnax, the dis-' a strong probability, if not absolute certainty, that all the dis- trict surveyor, fifty days' notice of such examination, bursements necessary to effectuate the proposed object were to . And be it further resolved, That his excellency the Governor emanate exclusively from her own treasury. Should, however, is requested, if the said district is found not to be surveyed ac-- the resource of the other contracting party ever enable her to cording to law1, to have suit entered against the" said John H. co-operate with us in the prosecution of the work, a collision of Brodnax s bond as quick as possible. opinion, engendered by a diversity of interests, would unques- Approved, December 20th, .1828, \ tionably prevail in regard to the portion of the river upon which . ' . the joint fund, should be expended. It would be a paramount [No. 559.] t 1 In Senate, December 10th, 1828. consideration with, Georgia, to render perfect the navigation of The Committee on Finance, to whom was referred the peti- the river below Augusta, while South Carolina, with all the fa- ti0n of Silas Granbury, tax collector of Dooly county for the cilities for transportation afforded by her rail road,, could feel year eighteen hundred and twenty-six, have had the same un- no interest whatever in its improvement. She would, of course, der coqsideration, and are of opinion, from the facts ascer- bestow all ber care and attention upon the river above Augusta, tained in the case, that the petitioner is entitled to be reim- which to us would be an object of secondary importance.1 These bursed the twenty per cent, paid by him into the treasury, for considerations impel your committee-to recommend for adop- the tax collected by him for said year. They therefore recom- tion the following resolution : mend the adoption of the following resolution : Resolved, That, under present circumstances, it is impolitic Resolved, That his excellency the Governor do issue his on the part of Georgia, to attempt to procure a full and entire warrant on the Treasurer, in favor of Silas Granbury, tax col- ratification of the convention with South Carolina relative to lector of Dooly county for the year eighteen hhndred and the navigation of the Savannah and Tugalo rivers. twenty-six, for the sum of nine dollars and four cents. Approved, December 20th, 1828. . Approved, December 20th, 1828. RESOLUTIONS.—1828. 113 [No. 560.] In sENAtE, December 10th, 1828. Ine joint Committee on Banks, to whom was referred the report of the Planters' Bank, report: That they have had under consideration the statement of said Bank : that the same induces a belief in the committee that the condition of the said bank is sound, and that its affairs have been conducted with discretion. Read and agreed to. THOMAS STOCKS, President. House op Representatives, December 19 th, 1828. Read and concurred in. IRBY HUDSON, Speaker. [No. 561.] In Senate, December 12th, 1828. The Committee, to whom was referred the communication from the commissioners appointed by his excellency the Go- vernor to sell and dispose of the unsold lots in the town of Macon, and the public lands on the east and west side of Ock- mulgee river, near and adjoining the said town, and also the bridge across the Ockmulgee river at Macon, have had the same under consideration, and beg leave to make the following report: Your committee are [of] opinion, that the said commission- ers have faithfully executed the duties assigned them by the act of December 20th, 1827. Approved, December 20th, 1828. [No. 562.] In Senate, December 13th, 1828. The Committee on Finance report, that they feel warranted in saying that great losses have accrued to the State by the indulgence which has been given to its debtors, and are of opinion that longer indulgences will augment the loss : they therefore offer the following resolutions : Resolved, That the Comptroller General do place in the hands of the Attorney and Solicitor General, after the first day of March next, all evidences of debt due the State in his office, or which shall be at any time due, for collection, with instruc- tions to them to have the same collected with the least possible delay. The committee discover, that when bonds or notes are placed in the hands of attorneys and solicitors for collection, the course heretofore practised has been to take only a receipt on a piece of loose paper for the same : they therefore recommend the following resolutions: Resolved, That it is the duty of the Comptroller General hereafter to keep a receipt book (or book of entry), in which he shall take the receipt of attorneys and solicitors for all evi- dences of debts placed in their hands for collection ; and when moneys are paid in for and on account thereof, he shall enter it in said book, stating the time and amount paid, who by, and on what account; and that to said book he shall affix an index. The committee find receipts given by attorneys and solicitors for debts placed in their hands for collection, some of which are of long standing and yet unaccounted for : they therefore recommend the following resolution : Resolved, That it shall be the duty of the Comptroller Gene- ral to furnish each of the present Attorney and Solicitor Gene- rals, within three months, a schedule of the names of all per- sons and their securities, who reside in their several circuits, whose bonds or notes have heretofore been delivered to their predecessors in office for collection, and which remain unac- counted for, with instructions to said attorney and solicitors to make strict inquiry into the state and situation of such bonds, notes, and specialties, together with the situation of the makers and their securities, and to collect all the money they can therefrom; and it shall be the duty of said attorneys and soli- citors to make a full and special report of the result of their investigation to the Comptroller General, whose duty it shall be to take the same to the executive office ; and his excellency 15 the Governor is hereby requested to order such proceedings thereon as he may deem best for the interests of the State. The committee find a long list of tax collectors in arrears for taxes from different counties, for many years and various sums, some of which are pretty large amounts. They therefore re- commend the following resolution: Resolved, That the Comptroller General do forthwith issue executions against all tax collectors and their securities who are in arrears to the State for taxes, when it is believed by him that the commissions and insolvent list will not balance the same; and that he use all legal means to have the money there- for brought into the treasury as soon as possible, either by in- structing the Attorney and Solicitor General to attend to the collecting the same, or by employing a special agent for the purpose, as he may deem best for the interest of the State. In the Comptroller General's report the committee find an item of reverted confiscated property, to the amount of $21,013 15 cents. In that office no record is to be found in relation thereto, either in the shape of receipts, notes, bonds, or book entry, except the copy of a single bond. They there- fore recommend the following resolution : Resolved, That a diligent search be made in all the offices of State by the officers of each department, for bonds, notes, re- ceipt or receipts, given for or on account of reverted confiscated property, or for any record, entry, or other thing relating thereto, and whatever may be found be taken to the executive office ; and his excellency the Governor is hereby requested to order such proceeding in the premises as he may deem best, and most for the interest of the State. The committee discover that moneys have been paid into the treasury by Attorneys and Solicitor Generals, and that in the Comptroller General's office, no mention was made on what account the same was paid. They therefore recommend tfie following resolution: Resolved, That when an Attorney or Solicitor General shall pay money into the treasury, he shall inform the Treasurer on what account the same is paid particularly; and it shall be the duty of the Treasurer to state the same in the certificate he gives him; and the Comptroller General shall enter the said sum to the account specified in said certificate. The committee recommend the adoption of the following resolution : Resolved, That the Comptroller General do ascertain the amount of fractions, which were sold in 1807 and 1808, brought, when they were sold by executions in favor of the State ; and that he place on each bond the credit it is entitled to, on account of said last sale of the fraction ; and that he then place all of said bonds which may remain unpaid in the hands of the At- torney and Solicitor Generals for collection, giving to each of them the bonds on persons residing in his circuit. The committee beg leave further to add, that they have ex- amined the books of the Comptroller General, and find them kept in a manner creditable to that officer, and to agree with his report: they also find the books and records of that officer all brought up to the 31st of October, 1828. Approved, December 20th, 1828. [No. 563.] In Senate, December 13th, 1828. The Committee on Finance beg leave to report: That upon- an examination into the finances of the State, they find that the receipts into the treasury, up to the 31st day of Oc- tober, 1828, amounts to the sum of $181,155 38, which, added to $637,303 14, the amount remaining in the trea- sury on Athe 26th day of November, 1S27, makes the sum of $818,458 52. The expenditures during the last political year, commencing on the 26th day of November, 1827, and ending on the 31st day of October, 1828, amounts to the sum of $186,939 16, leaving a balance in the treasury of $631,529 36 cents, of the following description of money, viz.: in Darien bills, in packages numbered from 1 to 4, inclusive, which were sealed up and delivered to the present Treasurer by the joint select committee of the last year, and which remained unbroken. IU RESOLUTIONS.—1828. The balance of packages 5 and 6 of Darien bills, which had been opened by order of the executive* your committee counted, sealed up, and delivered to the Treasurer. The number.and amount of these packages are as follows: > Package No. 1, containing $117,500 Do. 2, . 137,500 Do. 3, 113,000 , Do. 4, < 12,661 Balances of Packages 5, and 6 - 4,600 In current bills Check on State Bank il 194,543 89£ 50,680 66£ 1,043 90 Amount remaining in the Treasury $631,529 36 Yoijr Committee* also further report, that the warrants drawn by the Executive on tjie Treasury during the last political year agrees with the entries on the book of the Treasurer, so far ^as they have been presented to that department for payment; and' that the Treasurer's books agree with the reports oftheTreasurer and Comptroller General made to both branches of the Legisla- ture at the commencement of this session. ~ The Committee further recommend that the statement of war- rants drawn by his excellency the Governor in the last political year, and communicated to the Legislature at the commencement of this Session, be taken and considered,a part of the report of the Committee on Finance.' Read and agreed to. ( THOMAS STOCKS, President Read and concurred in. House of Representatives, • December 18 th, 1828. IRBY HUDSON, Speaker. [No. 567.] In Senate, December \*tth, 132$. Whereas, at the late sale of lands belonging to this State lot of land number one hundred and ninety-six in the first district of Originally Early county, was sold, which lot has been forfeited to the State, and is again advertised to be sold at the present land sales, when in fact said lot of- land is not a fraction, nor subject to be sold, but has been drawn and granted to an individual pre- vious to its having been sold by the State ; for remedy whereof, Be it resolved by the Senate and House of Representatives of the State of Georgia, That it shall not be lawful to issue any other grant for said lpt of land, and that the present commissioners be required td withhold the sale of the same. Approved, December 20th, 1828.. [No. 568.] ' l?v Senate, December 17th, 1828.' Resolved* That William ^W. Kennan and'Thomas Cook be, and they are hereby appointed commissioners for the county of Butts, to keep open the main channel of the Ocmulgee river above Macon for the free passage of fish, in the place of James. Bunkley and Josiah Hurdy, who refuse to serve. Approved, December 20th, 1828. [No. 569.] 1 In Senate, December IZth, 1823. Whereas, there has been a volunteer company raised in the cohnty of Camden ; and whereas, there is now in the care of John Bailey, of said county, a quantity of arms belonging to the . State; 1 v ^ Be it therefore resolved by the Senate and House qf 'Repre- sentatives of the State of Georgia, in General Assembly met, That the said John Bailey be, and he is hereby authorized to deliver to said volunteeir company as many stands of arms as there are members in said company, requiring of the members of said com- pany to give bond for the safe keeping and returp. of said arms whenever required. . Approved, December 20th, 1828. [No. 564. j . In Senate, December 13th, 1828. The Committee on Finance, to whom was referred the peti- tion of George R. Clayton, claimingr the exemption' from the payment of a debt due by Edwin Monger to the State as far back as 1801, for the sum of $7l 38 cents, to which the said Clayton is security ; the committee find from a document herewith sub- mitted from the Comptroller's.Office, that the said note was de- livered into the hands of the proper officers for collection within one year after it became due, with whom it remained until 1819, failing to discharge the duties of his office, to the prejudice of the petitioner; * Be it therefore resolved, That the Solicitor of the Ocmulgee Circuit give into the hands of the said George R. Clayton said note, with an entry of a credit amounting to the interest, on con- dition the principal sum shall be paid to said Solicitor. Approved, December 20th, 1828. [No. 565.]., In Senate, December 15th, 1828. Resolved, That Jacob Copehart, William Bevertt, and Solomon Beck be, and they are hereby appointed Commissioners of Clay- ton Academy, in the county of Rabun, in addition to, those al- ready appointed. Approved* December 20th, 1828. [No. 566,] In Senate, December 6th, 1828. 1 The Bank Committee, to whom was referred the exhibit of the Marine and Fire Insurance Bank, report: That this institution is in a sound condition, their issues within prudent limits,, and their means more than ample for the redemp- tion of their bills in circulation. Read and agreed to,. THOMAS STOCKS, President,. House, of Representatives, December 19th, 1828., Read and concurred iiu IRBY HUDSON, Speaker-,. [No. 570.] In Senate, December \3th, 1828. Whereas, it appears by an official communication of the sur- veyor general, that the plan of the fifteenth district of, Appling county!has been lost out of the surveyor general's office, and it being deemed necessary that a new one should be made ; ; Be it therefore resolved by the Senate and House of Repre- sentatives' of the State of Georgia, That the surveyor general be, and he is hereby authorized to make a new plan or map oF said district, for which his excellency the Governor is hereby au- thorizedto pay him such sum as he may think reasonable, out of the contingent fund. Approved December 20th, 1828. [No. 571.] ^ In Senate, December \3th, 1828. The Committee on the state of the Republic, to whom was re- ferred so much, of the Governor's message as relates to the bound- ary line between Georgia and Alabama, report: That on the subject of the boundary line between the two States, a very full and clear view of the subject was presented in the correspondence between their respective executives and the commissioners appointed by each for the purpose of quieting the ipterest and claims of the parties concerned. In 1822 and 1823 the subject" engaged the attention of the Legislature,, and the State deemed it of much importance. Resolutions were then adopted, requesting the Governor to urge upon the authorities of the United States the policy of co-operating in adjusting a sub- ject which would be involved in difficulty from the lapse of time, and in intricacy from neglect. In 1824, the enlightened and patriotic statesman who filled the executive chair of this State renewed the solicitations heretofore expressed, with a zeal and ability which so conspicuously chatac- terized him in all his public acts. But the then Secretary of War suggested as objections to any interference—First, that no appropriation for that purpose had been made in the compact of 1802. Secondly,.that Alabama had neither given her consent or KESOLUTIONS—1828. 115 expressed a desire for the interposition of the United States; and without such assent or such desire any act done would be nuga- tory, invalid, and void. A sensitiveness for the rights of the States, and a fear of invading them, appeared to restrain the exercise of a power which would not have been deemed illegitimate, or even contested by either of the States interested. To the proper un- derstanding of the disagreement in respect to boundary, and to present in its true light the arguments used by the commissioners in 1826, we must refer to the first article of cession of 1802, be- tween Georgia and the United States. She cedes all her title to the jurisdiction and soil within the United States south of the State of Tennessee, and west of a line beginning on the western bank of the Chattahoochie where it crosses the boundary line between the United States and Spain ; running thence up said river Chattahoochie and along its western bank to the " great bend" thereof, next above the place where a certain creek or river called Uchee (being the first considerable stream on the western side above the Cusseta and Coweta towns) empties into the said river Chattahoochie ; thence in a straight line to Necka- jack on Tennessee river. A rich and fertile territory was thus ceded, and two states, important and flourishing, have from thence sprung up, which annually increase, and by their progress and improvements Strengthen and support the most sanguine wishes formed in respect to the rapid extension of our country and the augmentation of its population. While acting with such libe- rality and yet want of policy, it could not have been conceived that any disputes could ever arise, by which the reserved limits of Georgia would be encroached upon, or any doubt as to the true construction of any of the articles of cession. The com- missioners of Georgia were no doubt impressed with this belief when they met those of Alabama in 1826. They contended first that a point was designated on the river Chattahoochie answer- ing the description given of it in the articles, which point they had ascertained from examination of the.country. They repre- sented and stated Miller's bend, or the Big Shoal, to be of extra- ordinary size; that it was the greatest bend next above the place where a considerable stream above the Cusseta and Coweta towns empties into the Chattahoochie. That the name of Uchee was not found attached to any stream in the neighbourhood, but the description given identified Miller's bend as the place referred to by the commissioners who formed the compact of 1802. Uchee was discoverable only by being the first " considerable stream," above the Cusseta and Coweta towns on the western side of the Chattahoochie, and " Miller's bend" next above said stream. Miller's bend answers the description assigned it in the article, and though many other bends might be discovered, yet it was more distinctly characterized than any other. On the part of the Alabama commissioners it was said, that the boundary as proposed left a narrow strip between it and the Chattahoochie, and formed an acute angle with that river. Se- condly, that the Weehatkee was a larger stream than the Woe- choochie, and had other descriptive marks which identified it as the stream referred to in the article under the name of Uchee. The commissioners of Georgia replied to these objections, that although much inconvenience might result by establishing the boundary as prescribed in the article, yet reasoning deduced from convenience could not affect the terms or change the im- port of a contract. That if the commissioners appointed in 1802 had, previously to the entering on their duties, been ac- quainted with the country ceded, they would have consulted both private and public interest in the form to be given to the line of boundary ; but in an unexplored country, with defective and in- correct charts or maps, information concerning its locality would be as varied and dissentient as the channels through which they were communicated. That although the Weehatkee is the largest stream above the Cusseta and Coweta towns, the article described the first considerable stream emptying into the river above those towns, and not the " largest stream." That the identity of Uchee being established, it was immaterial whe- ther the towns be above or below it, they being a mere accident or adjunct to identify the creek. That though a convenience might induce a change of those towns, nothing but a convulsion of nature could change the bend or the creek. The committee, by adhering as closely as possible to the lan- guage of the commissioners, have given a compend of their argu- ments. The committee animadvert with no pleasant feelings to the course pursued by the Legislature of the State of Alabama ; they will not, however, use retaliatory language, or reply to their protest in the angry spirit which dictated it. The close affinity, the sincerity in the habits and character of the people of the two States, should induce the kindliest feelings ; slight and trivial causes will not produce a revulsion of those feelings which na- ture has formed, and which time will cement. We must deny that any imputation has ever been cast upon the commissioners who negotiated the compact of 1802. Their venerated and exalted characters are common property and dear to the nation ; but no names, however emblazoned with good and great acts, can weigh against deductions founded in reason and supported by facts. The names of those who negotiated treaties have never been Preferred to as authority in ascertaining their meaning and intent, or supporting their construction. In our sound reason, and with- out the least exercise of imagination, we see nothing monstrous or preposterous in supposing Messrs. Madison, Gallatin, and Lincoln should have located an " artificial boundary on the mar- gin of a natural one." That the assumption of that fact would be a charge on those highly talented and gifted men of " egre- gious folly" we cannot assent to as a self-evident proposition or an axiomatic truth. In the protection of reserved rights, Geor- gia has displayed as keen sensibility as any other of her sister States. She has been firm in sustaining her rights ; she will never sanction the invasion of another's rights. We cannot per- mit to pass undenied, the accusation of a disposition to invade the rights of Alabama, of manifesting so palpable a disregard to principles, the support of which has brought upon Georgia un- merited reproach and unwarranted suspicions. She sustained those principles unsupported, save but by one State (the great, pure, and gifted State of Virginia). She will be the last to de- sert them. The protection of personal rights, and the quiet en- joyinent of property by their citizeng, require the respective States interested in this matter, to terminate speedily a dispute with regard to boundary, which neither involves extensive terri- tory or rich possessions; and an amicable and conciliatory spirit will reconcile differences which are only increased by intemperate and warm expression. Your committee believe that Alabama will not persist in error, but be ready to unite in the ascertainment of truth. With these impressions your committee recommend the adoption of the fol- lowing resolution : • Resolved, That the General Assemby of Georgia regret the excitement of unfriendly feelings in that of Alabama, on the sub- ject of boundary, and give assurances of their readiness at all times to cultivate the most friendly relation. Approved, December 20th, 1828. [No. 572.] In Senate, December, IS/7;, 1828. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That James Simp- son, of the county of De Ivalb, Alexander Ware, of the county of Fayette, Lewis Williams, of the county of Meriwether, Archi- bald Willingham, of the county of Harris, and George W. Dillard, of the county of Muscogee, be, and they are hereby appointed commissioners to examine and lay out a large market road, the nearest and most practicable route from the town of Decatur, in De Kalb county, to the town of Columbus, by the way of Fayette- ville, Greeneville, and Hamilton, or as near on this route as the ground will admit of;—which said commissioners shall enter on their duties so soon hereafter as they shall be notified of the pas- sage of this resolution, having first, taken an oath before some of- ficer having power to administer the same well and truly to per- form their duty according to the spirit and intention of this reso- lution ; which road shalf be cut out and improved by the hands 116 • RESOLUTIONS.—1828. liable to work on the same, in the several counties through which said road may pass. Approved, December 20th, 1828. [No. 573.] ' Whereas, the petition of Elisha Tarver provides for the payment of a part of the money due the State by said Tarver and Joseph Bennett, which could not otherwise be collected ; Resolved, That it is expedient to grant the prayer of the peti- tioner, and that the Solicitor General of the Flint circuit be directed to cancel the judgments against said Tarver and Joseph Bennett irifavour of the State, when Elisha Tarver shall have complied with the conditions set forth in his petition, and shall have relinquished to the State the five lots in the town qf Macon pointed out in said petition. Approved, December 20th, 1828. [No. 574.] In Senate, December 19th, 1828. The joint committee on Education and Free-schools, to whom was referred thd reports of the academies and free-schools in the counties of this State, beg leave to report; That such has been the irregular manner in which these reports have been made, that they find it impossible to give such a con- densed view of them as can le^d to any correct conclusion as to the 'real state and condition of these institutions ; but so far as we have examined we find out one fact, that there has been great waste and misapplication of the funds to those purposes. But although we are obliged to say this is generally the case, we are happy to state there are some few honourable exceptions. In order that the public may know what the real situation of these insti- tutions is, and what has been their management, we recommend the adoption of the following resolution; Resolved, That the condensed report on academies and free- schools, together with the Governor's communication giving a list of the moneys drawn by the several counties for the purposes of education, be published in pamphlet form, and distributed in the several counties in the proportion of ten to each county, and that the act passed the present session be appended to said pamphlet. Approved, December 20th, 1828. [No'. 575.] In Senate, December 19th, 1828. Whereas, it is important for the information of purchasers of fractions, islands, town lots, and the State's interest in lots which have been fraudulently drawn, that the bill passed at the present session of the Legislature for their relief should be published as early as possible in the newspapers of Milledgeville and Macon j therefore, , - v Resolved, by the Senate and House of Representatives, That his excellency the Governor be, and he is hereby requested to cause the aforesaid bijl to be published in the papers aforesaid, and that the same,be paid out of the printing fund. Approved, December !20th,-1828. [No. 576,] f <- In Senate, December 20th, 1828. Be it resolved by the Senate and House of Representatives of the State qf Georgia, in General Assembly met, That James L. Corry, of the county of Coweta, Q. Whitfield, II. Sledge, of the county of Troup, be, and they are hereby appointed commissioners of the navigation of the Chattahoochie river, aboye the Coweta Falls, in addition to those already appointed, upon their giving bond in like.manner. - ' , Approved, December 20th, 1828. ■ , ■ ' . RESOLUTIONS''" WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1828. [No. 577.] House of Representatives, all rights of sovereignty and independence not thereby expressly December 10th, 1828. delegated, which proves conclusively that prior to entering into The committee to whom was referred the resolutions from that compact all the rights of sovereignty and independence be- the States of South.Carqlina and Ohio have h^d the same under longed to the States, and were complete in them, and that they their consideration.' - did not intend to divest themselves of any of those rights except ■ As the subjects referred involve, questions of the deepest such as were expressly delegated. interest, touching the fundamental principles of the Federal In the constitution of 1787, the powers delegated are clearly Government, the sovereignty of the States, causes of complaint defined and particularly enumerated. The amendment of. the for infractions of the Constitution, and encroachments, by the constitution is more explicit. It declares that the powers not general government upon State rights, as„well as the rights of delegated to the United States by the constitution are reserved the States to redress their wrobgs, your committee have devoted to the States respectively, or to the people, their serious attention and grave consideration to the subject, The States were granting powers to the general government, which the magnitude and importance of the questions involved and as they enumerated the powers granted, it was useless and require. And from the view which your committee have given would have been superfluous to have made special reservations, the subject, they concur in the sentiments and resolutions of the The affirmative grant of powers enumerated operates—an ex- State of South Carolina upon most of the subjects invblved in elusion of all powers not enumerated. the discussion. The States, in forming the constitution, treated with each They entertain no doubt but that the constitution of the United other as sovereign Rnd independent governments, expressly ac- States is a federal compact, formed and adopted [by] the States knowledging their rights of sovereignty ; and, inasmuch as they as sovereign and independent communities. The convention divested themselves of those rights only which were expressly which framed and adopted the constitution, was composed of delegated, it follows as a legitimate consequence that they are members elected an ' general welfare" is a power clearly given to the Congress. The 3dly. Independent of its unconstitutionality, the law is inex- power given is vague, and, if taken separate, indefinite; but pedifent and opprpssive generally, particularly on the southern when taken in connexion with the cautious and even jealous division of the United States. limitations of federal powers, and considered in reference to the It is inexpedient, because it brings into premature existence a specified general objects of our confederation, it cannot be deemed vast system of industry which should be, and which in time would to be a power limitable only by the discretion of a majority of be, the natural and spontaneous production of circumstances, Congress. Does not Congress provide for the " common de- and the condition of the country'. This is nothing but pure, fence and general welfare" in erecting fortifications 1 Is the political empiricism. It is inexpedient, because that industry " general welfare'* something distinct from and separable from having this factitious origin must be sustained by a continued the " common defence ?" and if so* what class of objects and and like factitious support. Law after law will be required or measures can be enumerated under if*? The power " to pro- demanded to support that department of labour which springs up vide" for the " general welfare" certainly copfers not a discre- under the encouragement of law. Avarice and cupidity are ex- tionary pOwer over every object of human legislation.- It refers travagant in their schemes Of pecuniary adventure ; and every to appropriations of money for proposed objects, included within revulsion of their affairs which injudicious or boundless specula- the enumerated federal powers. Whether any proposed measure tion may produce, will, as the commercial policy of England ex- oV regulation will promote the general welfare is one question, 'emplifies, be sought to be remedied by cumulative impositions entirely speculative : whether legislative action upon such mea- , upon foreign commerce. sure is within the limits of constitutional competency, or whether It is oppressive, because one species of industry is directly its objects be constitutionally pursued, is another question, supported by government at the expense of other branches of Measures of an unexperimental character, and problematical industry: The productions of southern agriculture, which hitherto operation upon the general good, transcend the. prudent re- have mainly supplied the exportation of this country, and drawn straints and violate the spirit of the constitution. ' its varied and abundant importations of manufactured commo- To guard it from violation is the proper object of state vigi- dities, are almost forced into domestic markets and confined lance; to restore its purity, a proper and legitimate object of their within one channel. , * *' several or united endeavours. A liberal reciprocity of trade between our own and. foreign . The spirit and objects of the federal compact place a virtual nations being by this means destroyed, the vender of agricultural constraint upon latitudinary construction and implication. The products is in effect deprived of a choice of markets, either foreign power is, clearly limited by its objects. We .object, therefore, to or domestic, and compelled to vend in the latter. Confined, to the expansion of federal powers by construction. We deny the that, he is dependent on the manufacturing consumer for the right of Congress to restrain' the freedom of pur commerce, to price of his ,raw materials. The competition of manufac- protect, as it is said, domestic industry; and we affirm that a turers cannot sustain their old prices ; and the law operates un- power wisely given to Congress is carried to an extent at once equally and oppressively in this, that the agriculturist is de- unnecessary, inexpedient, and even abusive, prived of the liberty of choosing his market. This liberty, hitherto 4thly. The Jate tariff " altering the duties on imports," if the enjoyed, and which has hitherto been his security for fair and power of the constitution were strictly adhered to, would be a adequate prices of his productions, by exciting foreign and do- revenue bill. It is calculated to diminish the revenue. In this mestic competition, is in effect taken away. Ifor heavy irnposi- the law is inexpedient and injudicious. But the avowed object tipns upon foreign imports exclude foreigners from market, by of the law is to promote manufactures at home. Under the destroying thevequality of reciprocal advantages;, Thus the do- power, therefore, to raise a revenue for specific national pur- mestic purchaser controls the market. The advantage hereto- poses, a different object is pursued. In this the power is per- fore enjoyed by the agriculturist is destroyed ; he no longer can verted. If the law be called a regulation of commerce, it is in control his prices by the power of optional disposition at home like manner inexpedient and oppressive. or abroad, but is controlled by purchasers independent in their -If the law in question upon its face promised a greater prospe- fortified monopolies. ' , rity to our external commerce, which the constitution intended This abstraction of an indisputable right of the agriculturist to preserye and extend by wise regulations, we should deem the under the free trade intended Vy the constitution, is not and can- power to regulate it faithfully fulfilled and executed. But on its not be compensated by the promised, yet contingent, remote, and very face the features of ruin are set forth in full relief. And a improbable advantages resulting fram manufacturing rivalry. It short experience has realized the cpnsequences which its provi- is inexpedient, because it brings prematurely into existence those sions indicated. Is the law, in this light, calculated to produce' manufactories whose materials are drawn frpm the mines of the its legitimate object ? ' If experience of the contrary proves not earth, by imposing duties on the articles manufactured abroad merely its inefficiency but its injurious operation, policy on the with a view "to prohibit their,- introduction, and protecting the first ground requires—justice,' expediency, and necessity demand manufacture of the same article at home^ The prices of manu- it on the second. If the decline and ruin of our commerce is the factured imports are thus regulated by law tq effect an object in consequence of an attempt to regulate it, the consequence proves its nature partial and sectional. . This, too> is a restriction which the measure to have been injudicious, either in conception or operates unequally. The consumer is deprived of the advantage execution. Either would, be a sufficient ground of repeal. If, of seeking a supply of his wants, on equal terms, at home or under the pretext of "regulating commerce," or of raising a re- abroad at his option. The prices of foreign manufactures and venue, the aim is to effect a collateral and indirect object; if a other commodities are arbitrarily fixed high to force the consumer legitimate power be used in disguise to accomplish a purpose to purchase ffaat* under such restriction, can be procured cheap- which, if the power and right to accomplish it existed, could be RESOLUTIONS.—1828. 121 accomplished by a direct, overt, and undisguised exercise of the power, then, and in the first case, the legitimate power is abused and perverted ; and in the second case, the stratagem resorted to argues the consciousness of using improperly a proper power, and a disregard of the restraints and limitations of the powers of the constitution. This spirit is censurable, and calculated to impair the vigour of the constitution, and vitiate the purity of federal legislation ; it leads to the use of unconstitutional powers; it leads to illiberal and sectional legislation ; and produces a disre- gard or oblivion of national interests. While complaining of a law intended solely to promote sep- tional objects, we will endeavour to avoid an opposition upon sectional interest and feelings. We are aware, that if each State consulted its own interests alone, the consequences might be par- ticularly disagreeable and injurious to others ; so, too, if one sec- tion of the Union acted on the same illiberal principle, it might be impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and all the particular interests of an individual State, or section of States, to their fullest extent, and yet provide for the interest and safety of all. To reconcile all to federal legislation, partial and concilia- tory compromises of sectional interest must be made. Indivi- duals entering into society must give up a share of liberty to preserve the rest. This is the rational and harmonising spirit and doctrine of law. It is strongly applicable to these States con- federated for the great purposes of general defence, general benefit, and general harmony. For the advantages and benefits of union, the interest of particular States or division of States should be in some measure compromised ; that a spirit of liberal and fraternal conciliation should regulate all measures intended to advance their pecuniary prosperity. Thus, if it be the interest of the middle and western divisions of the Union to manufacture, their interest should not be promoted by making the agricultural divisions of the Union tributary to them. The population of the first divisions, which secures to them a numerical predominance in the federal councils, enables them to control the measures of legislation to their particular benefit. It is true that a political will of the Union (if a majority of members on the floor of Con- gress be considered a fair representative of the will of the Union) was in the Congress which enacted the Tariff" clearly in its fa- vour. Are we told that we must submit to the will of the ma- jority ? We reply, that while we admit the general propriety of submission to that voice, does it imply that we are to observe the doctrines of " passive obedience and non-resistance ?" That would preclude the constitutional right of remonstrance. But such sentiments are not the native growth of freedom and repub- licanism. Besides, the ability to use a power does not necessa- rily imply the expediency of using it; on the contrary, where the difference between a majority and a minority is small,—when opinions and feelings on subjects are almost in equipoise,—reason and prudence require that a dominant party should use its power with delicacy and caution. This should especially be the case with the States of this Union. Under our federal arrangement, Congress is made the depository of certain powers, yielded up by the States severally for general objects ; objects which, in rela- tion to the Union, may be called national, in contradistinction to State objects. Amity arising from and cemented by a thou- sand sympathies and benevolences of revolutionary endearment, presided at this scene of compromise and concession. It becomes us to recur to this period ; to catch from the records and events of those times the spirit which influenced their political agents ; to carry this spirit with us into the councils which act upon the interests of the nation. Those who look not back to their an- cestors seldom look forward to posterity ; the present fills their conceptions, and the future and the past are alike indifferent to them. When the past is thus considered, the wise and judicious will doubt and hesitate to exercise a power or execute a mea- sure ruinous of the interests of, and therefore offensive to a large minority of the Union.^ But to reconcile the southern divisions of the Union averse to changing its pursuits, the fruits of which have hitherto been pro¬ fitably exchanged for the various commodities of foreign nations; to reconcile New-England to the diminution of her boundless carrying trade—the former is promised an eager market and a fair price for the products of their soil—the latter is promised abundant employment in exporting the rich and various manufac- tures of the United States. These promises proceed upon the following assumptions : 1st. That by legislative protection, domestic fabrics and ma- nufactures in general can be supplied at as cheap or cheaper rates, and of qualities as good as they can be brought to us from abroad. 2d. That the domestic consumption will use up all that quan- tity of our usual exports which our imposts may hereafter prevent foreigners from taking. 3d. That the nautical carrier shall experience no inconve- nience from the ruin of the usual carrying trade. That it shall be compensated by a new and equally extensive and profitable trade, in carrying the competing manufactures of America into distant markets. These assumptions proceed upon grounds highly improbable ; nay, almost impossible. Contingencies are promised in satisfac- tion for certainties ; benevolence is proffered in substitution far rights. These are the expedients used to soothe an indignation aroused by the rigorous and oppressive exercise of power; a power distorted and perverted. We decline a repetition of the powerful expositions made against the first assumption. The price of a manufactured article is made up of three components. First, the price of the raw material; second, the wages of la- bour ; third, the profits of capital. The powerful expositions which have gone forth to the world, show the futility of the first assumption. The other assumptions are entitled to as much credit as the first. The present tariff is calculated to diminish our revenue. If the course of policy pursued in raising the imposts on all im- ports be fully effectuated, and the domestic manufactures super- sede those hitherto imported, in which process our external com- merce will be dwindling away, and with it our revenue, the ques- tion arises, what will be the resort to raise a revenue ? Direct taxation. We deprecate the time when this takes place ; when the citizens of the different States will be called on to support, by direct taxes, not only their particular State, but also the Fe- deral Government. Patriotism will cheerfully submit to onerous exactions to sustain the government in exigency and peril. But it will feel with indignation the weight of any imposition which sectional power, influenced by the illiberality of sectional inte- rests, may impose. It will feel with regret mingled with a proud contempt, a faithless departure from the letter and spirit of a compact, formed with the fondest hope of its perpetuity, and hitherto, until recently, cherished and adhered to with an exalted and patriotic reverence. Taxation is a power which, to avoid offence, requires a delicate use and execution. An indirect, in- sinuating, and therefore inoppressive mode is preferable to any direct taxation. When the tax of an article or item of property is disguised and concealed by its price, which in relation to the article itself is considered its fair equivalent, the tax is paid and is not felt. It falls almost insensibly upon the consumer. And mankind in this way will pay with no repugnance a sum of taxa- tion which, demanded of them as a tax, eo nomine, and in cash, they would reluctantly hand forth. The payment of two specific taxes for two specific objects would be throughout the States dis- agreeable, and would seem and feel oppressive, however consti- tutional and proper it would be amidst national necessity. But the prosecution of a course of policy by the Federal Govern- ment which would render this resort always necessary for its sup- port, is a course which we feel opposed to, and will perseveringly and decisively resist. To this result the tariff" policy with its avowed objects tends—to that as the instrument of effecting it, we will yield a full and steady tribute of opposition. The ex- ports of southern production have and still constitute the chief means of exchange for all articles brought from the abounding stores of British industry. The tariff, intending to promote do- 122 ' EESOLUTIONS.—1828. mestic manufactures by almost prohibiting this exchange, intends regulation to be jfidicious. But what are we to say of a tariff to force southern products into northern markets. By this the which prostrates commerce? Which operates so oppressively agricultural and mercantile interests are oppressed. Is not the on the fair and honourable enterprise of merchants, as to pro- tendency to restrain and diminish foreign Commerce ? Does it duce the same effects as a law to promote smuggling ? We must abuse and pervert the power " to raise a revenue,"'as well as condemn it as injudicious. And when we consider the law to the power " to regulate commerce ?" have been enacted to encourage domestic manufactures, we must Congress has power" to promote the useful arts and among condemn it as unconstitutional. Further, if such a power was them certainly the arts of-manufacture and the art rff agriGul- intended to reside in Congress other than that'expressly given, ture. How? By forcing the fruits of agricultural industry into why did the constitution expressly forbid the imposition of duties one channel, and into one market ? By forcing them to contri- on exports ? Does, not this exemption intend, and in fact pro. bute to manufactures ? and thus in effect giving bounties to /ma- mote an absolute freedom of trade ? Yet the present tariff policy nufacturers to stimulate their activity and their enterprise ? No : intends, by a reverse operation, to defeat the effect of that ex- but by securing to the inventors of improvements in the useful emption. arts the benefit of their inventions and their discoveries. House- England promoted her woollen manufactures by inhibiting the hold industry supplies the immediate wknts of families, their exportation of wool. To promote-manufactures, she pursued a food, and their raiment. Advancing one step further, an indi- course the opposite of the " American system." Yet theEng- vidual for gain and the convenience of a neighbourhood may lish plan is that which would directly promote the objects of the manufacture, to supply for equivalent compensation the wants of " American system." This plan cannot be pursued ; it is forbid a population around. Thus the progress is spontaneous and by the constitution. Yet such, if the constitution had intended natural. The progress of their increase and diffusion through- it, would-have been the power given, to legislate the country out a country is alike natural, and proceeds upon the common into manufacturing towns. Prohibiting the exportation of our principles of necessity, convenience, profit, and ability, as these raw materials, would have induced the necessity of manufacturing, are developed amid an increasing and improving population, Thus the country might have become an inexhaustible supply for daily and yearly acquiring a thousand artificial and refined the-wants of the commercial world. wants. Manufactories, wnich supply the various conveniences One section of the Union may be destined, by its physical cir- and elegancies which refinement or luxury either require or cumstances, mainly to pursue manufacturing. If so, the rapid crave, will naturally spring up by the enterprise and cupidity of progression of every thing amid lively and unfettered enterprise, -individuals. They will be resorted to as a profitable or support- will early develope that destiny. It will be sustained by circum- ing,species of labour by thousands, and will be seen to increase stances more powerful and permanent than legislation. Amid and prosper according to the amount of wants and demands of the rival industry of sister States, absolutely free in their spciaF population. and commercial intercourse, what is mutually advantageous will The greatest stimulant to the improvement and extension of be developed with insensible rapidity. When'thus made known the useful arts exists in the power resident in the Federal Go- interest will lead to their enjoyment. -Proceeding thus, a fede- vernment to appropriate to individual genius and skill, the bene- ral and domestic legislation liable to the natural bias of sectional -fits of its inventions and discoveries. The Federal Convention, interest, and therefore to abuse and partial oppression, being aban^ sagaciously foreseeing this natural progression of improvements, doned, the geographical delineation and fosterage of particular wisely withheld from Congress the ppwer to promote them by ad- interests will produce no heart-burnings among the several di- ditional protecting laws. visions of the Union. By this power the same rewards are held forth to active and We therefore recommend to our sister States opposed to the -inventive genius throughout the Union. What further power recent Tariff Law, solemnly to protest to the Senate of the United •could have been necessary ?' Can Congress incorporate a com- States against that obnoxious-law ; to deprecate the abuse of pany of manufacturersin any one of the States ? It cannot. If lirriited powers to accomplish ends capable of accomplishment by a power of protection other than that, specified " to promote the legitimate and prescribed means. useful arts," was intended to be given by the constitution to Con- We recommend a remonstrance to the States in favour of the gress, why was it not given in some direct, positive, and indispu- tariff, advising of its injurious tendency and operation to their sister table form ? 'But an express refusal to give sucli a specific power, States opposed to it, and insisting on the necessity of compro- is recorded on the journals of the Convention! And the power mising sectional interests for the general good, of granting patent-rights for inventions and discoveries substituted We recommend a policy for self-preservation ; exhorting each as more expedient: a power highly remunerative and incapable State opposed to the tariff policy to ward off its effects by living of oppressing. as far as possible within itself. A tariff for raising a revenue is'constitutional and necessary. We recommend a Continued'and strenuous exertion t6 defeat Further than this, no object was intended by the power. , The that geneial1 pernicious and unconstitutional policy contem- legislative power of the several States is the proper power to pro- plated and pursued by the advocates of the Tariff, mote manufactures by incorporating companies. Such is the Such means may restore federal legislation to the standard of common mode of concentrating the1 wealth of individuals, and constitutional correctness. Times, occasions, and provocations rendering it, when thus united, competent to do what individuals teach their proper lessons and expedients- \Future measures will could not effect. Such too are'voluntary associations, formed be dictated by expediency; the nature and tendency of injury "with the hope or the certainty of particular advantages; and as -will suggest the mode and measure of future resistance, such, their efforts may be considered as private enterprises. Thus , Therefore resolved, That copies of this memorial be signed by there exists two proper depositories of power, capable of pro- the President of the Senate, the Speaker of the House of Repre- ducing the same effects by two different modes. The federal sentatives, and by his excellency the Governor and that one be power specified in the constitution (Art. 1st. sect. 8)," to pro- transmitted by his excellency to each State of the Union op- mote the useful artsand the State power of incorporating com- posed to the Tariff Act of the first session of the twentieth Con- panies, or giving exclusive privileges for any specific objects pro- gress. motive of its internal prosperity,—for example, manufacturing Approved, December 20th, 1828. companies, when cirebmstances hold forth to a combination of in- dividuals the prospect of profitable exertions. These powers are, [No. 580.] In the House of Representatives, too, in strict concurrence. A judicious and necessary tariff may, • November 13th, 1828. collaterally, stimulate domestic industry, arouse activity, and in- Whereas, the Treasurer has, through mistake, reported to the 'spirit speculation. Such results may often succeed upon a truly Commissioners of the Sale of Fractions, No. three hundred and revenue regulation; and the fact of their following, proves the thirty-one in the fourth district of Walton ; said number should RESOLUTIONS.—1828. 123 have been reported three hundred and fifty-one, which is the pro- per number, containing forty acres. Be it therefore resolved, That the Treasurer be forthwith re- quested to rectify said mistake, and report to the commissioners the proper number three hundred and fifty-one, in the fourth dis- trict Walton, containing forty acres ; and that the said fraction be sold in the order of three hundred and thirty-one, as advertised by the commissioners. Approved, November 19th, 1828. [No. 581.] In the House of Representatives, JSovcmber 14 ih, 1828. The joint committee on printing, to whom was referreda resolution of this branch of the General Assembly requiring them to contract for the printing of the laws and journals of this session, report: That in the discharge of the duties assigned them, they noti- Red the several printers of this place to hand in proposals, stating upon what terms and at what time they could do the printing. Two of them only have done so, viz. Messrs. Guieu & Jones, and Camak &, Ragland, both of which proposals are herewith sub- mitted as a part of this report. The terms of Messrs. Camak & Ragland appearing to this committee most advantageous tt>' the State, they unanimously recommend the adoption of the fol- lowing resolution: Resolved, That this Legislature accept the proposals of Messrs. Camak &. Ragland, who propose to execute the laws and jour- nals of the present session, at seven mills per sheet of eight octavo pages, the execution of the work to correspond with the laws and journals of the last session. The laws to be delivered by the first of March, and the journals by the first of April next; the laws to be bound in blue covers. They propose to execute the job printing of the present session upon the same terms as last year, viz. ten cents for one sheet of eight octavo pages, five cents for all over one sheet; half a sheet, half these rates ; less than half a sheet as a half sheet, for two hundred copies ; for all over two hundred copies one cent per sheet of eight octavo pages ; figure work double these rates. Approved, November 19th, 1828. [No. 582.] In the House of Representatives, November \Ath, 1828. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the com- missioners heretofore appointed to superintend the improve- ment of the navigation of the Chattahoochie river above the Cow eta falls be, and they or a majority of them are hereby re- quired to report to the present, and annually to each succeeding Legislature, of all the disbursements made by them of the funds appropriated for that purpose, in what manner disbursed, and the nature and extent of the improvements made by them on said river. Approved, November 19th, 1828. [No. 583.] In the House of Representatives, November 14 th, 1828. Resolved, That the Treasurer be, and he is hereby authorized to refund to William. Watkins, formerly tax collector of Wilkes county, twelve dollars and fifty cents, the amount overpaid' by him for the year eighteen hundred and twenty-six, it being allowed him by the grand jury on his insolvent list for that year, being the balance on execution against John O. Merd. Approved, November 19th, 1828. [No. 584.] In the House of Representatives, November 14 th, 1828. Resolved, That George B. Whitfield, J. D. Kaigler, and John Matthis be, and they are hereby appointed commissioners to ex- amine Flint river, from the old Agency in Crawford county to Traveller's Rest in Dooly county ; and that John Young, Walter L. Campbell, and Samuel Williams be, and they are hereby ap- pointed commissioners to examine said river from Traveller's Rest to Fort Early ; and that Gabriel Parker, J. B. Coleman, J. Richardson, and William Posey be, and they are hereby ap- pointed commissioners to examine said river from Fort Early to Smith's, in Baker county ; and that David Waters, Anthony Hut- chings, Eason Tyson, L. Griffen, and I. Brown be, and they are hereby appointed commissioners to examine said river from Smith's to its junction with the Chattahoochie. Be it further resolved, That if in the opinion of said commis- sioners the said river can be made navigable, they shall report to the next Legislature the nature of the obstructions w hich at pre- sent exist to the navigation of said river, where they are, if they be shoal or other important obstructions, and what probable ex- pense would be incurred by the removal of them. And it is further resolved, That upon the refusal or failure of any of the above-named persons to serve, or commence their operations in time to make a report to the next Legislature, the justices of the Inferior Courts of the county where such person or persons refusing or failing to serve may reside shall fill the vacancy occasioned by such refusal or failure. And be it further resolved, That any two of the commissioners may proceed in the examination of that part of the river assigned them, if it be impracticable for the others to attend. Approved, December 20th, 1828. [No. 585.] In the House of Representatives, November 21 1828. The committee, to whom was referred the memorial of Luke J. Morgan, have had the same under consideration, and are of the opinion that the prayer of the memorialist is reasonable and ought to be granted: and therefore recommend the following resolutions; Bcsolved, That his excellency the Governor do cause the Sheriff of Bibb county to desist from any further proceedings on the execution in his hands, where the State is plaintiff against John A. Cuthbert, principal, and Isaiah Favor and Luke J. Mor- gan, securities, against said Luke J. Morgan, until further ordered by the Legislature to proceed ; and that his excellency the Go- vernor cause the execution founded on the mortgage, to be levied on fractions Nos. two hundred and eighty-five and two hundred and ninety-twro, lying in originally Baldwin, but now Putnam county ; the money arising therefrom applied to the extinguish- ment of the above f.fa., it being founded upon a judgment ob- tained in consideration of the debt due for said fractions, and the same considerations for which said mortgage was given. And be it further resolved, That all the resolutions heretofore passed in relation to said f. fa. and mortgage, or either of them, be, and they are hereby repealed. Approved, December 8th, 1828. [No. 586.] In the House of Representatives, November 22d, 1828. The committee to whom the petition of Warren Jourdan was referred, have duly considered the same, and are of opinion that his claims are reasonable and just, and ought to be allowed. They therefore beg leave to report the following resolution : Resolved, That his excellency the Governor be, and he is hereby authorized and required to endorse as credits upon the bond of the said Warren Jourdan, or cause the same to be done, the sum of sixty-eight dollars and eighty-eight cents, and the sum of seventy-four dollars eighty-one and a quarter cents, with interest on the first amount aforesaid, from the eighteenth February eighteen hundred and twenty-five, and on the last amount from the second May eighteen hundred and twrenly-eighf. Approved, December 11th, 1828. [No. 587.] In the House of Representatives, November 22d, 1828. The committee to whom was referred the petition of Elijah Tarver and Theodorick Mountfort, have had the same under consideration, and are of the opinion that the prayer of the peli- tidners is reasonable. They therefore present the following reso- lution: 124 RESOLUTIONS.—182$ •Re$ol»ed,That the Comptroller General deliver to Elijah Tarver liia note, given to the State for one hundred and fifty dollars, for the rent of a bridge over a creek called Little Lightwood, in Mus- cogee county ; and that he also deliver to the said Theodorick Mountfort his note for one hundred dollars, given to the State for the rent of a bridge over a creek called Patsaliga, in Monroe county; which said notes were taken by Mansfield Torrence as the State's agent. And be it further resolved, That the relief granted by the above resolution to Elijah Tarver, and Theodorick Montfort, be extended to Charles Ingraham ; and that the Comptroller General be directed to deliver to the said Ingraham his note for one hun- dred and fifty-four dollars, given to Mansfield Torrence as State's agent for the rent of a bridge across Ten-mile creek. Approved, December 20th, 1828. ' ' [No. 588.] House of Representatives, i November 9.6th, 1828. The committee to whom was referred the petition of Evan Lewis, administrator of Isaac Lewis, late tax collector of Burke county, beg leave to offer the following report: That it appears from the documents before them, that Isaac Lewis, the tax collector for the year 1827, departed this life in the, month of June last, and that the administrator on his estate has paid into the treasury one thousand dollars of the ,tax collected by said Laac Lewis, the whole not having been collected^ and that he is at this time unable to pay the balance according to law, in consequence of the law regulating his conduct as admi- nistrator ; And whereas, it appears that said estate is very solvent, and that the securities of said tax collector are amply good^and responsible, and it being just and right that the^death of a public- officer should not occasion an injury either to his estate or to his securities, especially when the State will lose nothing by indulgence; . , . ' Be it therefore resolved, That Evan Lewis, administrator of, Isaac Lewis, late tax collector of Burke county, and his securities, be indulged until the first Monday in November, next to pay the balance into the treasury; and that on paying the principal and interest then due, they shall be saved from any of the penalties inflicted by law for failing to pay the amount collected as tax col- lector into the treasury by the time prescribed., Approved, December 2d, 1828^ : dollars each, and that the said inspectors be required to deliver immediately to the attorney of the institution all notes, accounts, and demands which became due as aforesaid, and which are of a doubtful nature, as well as those which have been due for the term of twelve months or upwards, and which exceed the sum of thirty dollars ; and that the said collecting clerk and attorney be instructed by the inspectors to proceed without delay to liqui- date and collect, by suit or otherwise, all demands due to said institution. Approved, December 20th, 1828. [No. 591.] House of Representatives, i December 6th, 1828. The select committee to whom was referred the petition of Simon Holt, beg leave to report: That they haye had the said petition under consideration, and are of opinion that the prayer of the petitioner is reasonable and just, and ought to be granted: they therefore recommend the passage of the following resolution : Whereas, it appears that in the Land Lottery drawn in the year 1818, fraction No. 167, in the ninth district of Hali county, was drawn by William Arnold, to whom a grant for the same from the State was issued, and the said William Arnold after- ward conveyed the same to Simon Holt for a bona fide consider- ation ; And whereas, it further appears from the certificate of the treasurer of this State, the said fraction No. 167* containing 247t^ acres, in the ninth district of Hall, was sold to John Boyl, of Jackson county, at the sales of fractional surveys on the 22d,of August, 1821, for the sum of 124 dollars, thereby de- priving the said Simon Holt of the benefit of said fraction ; Be it therefore resolved by the Senate and House of Representa- tives of the State of Georgia, in General Assembly met, That the sum of one hundred and twenty-four dollars be, and the same is hereby appropriated to the said Simon Holt, as a remuneration for said fraction No. 167, in the ninth district of Hall county; to be paid out of any money in the treasury not otherwise especially appropriated, and that the same be inserted in the Appropriation Act of this session. 'Approved, December 20th, 1828. [No. 589.] House of Representatives, 1 December 1st, 1828. ■ The Committee on Finance, to whom was referred the petition of John Hopkins, tax collector o£ Madison county, beg leave to report; That they have carefully examined the receiver's books of Madison county, deposited in the Comptroller's office, for the years of 1826 and 1827, and find that the collector has paid for the year 1826 one hundred and twenty-one dollars and twenty-one cents too much; [they] we therefore recommend the following resolution : Resolved, That the Comptroller be authorized and he is hereby required to credit John Hopkins, tax collector for Madison county for the year 1827, with the sum of sixty dollars and sixty and a half cents, that being the amount overpaid the State for the year 1826 ; and the further sum of three dollars and thirty-four and a half cents, it being one-half the amount of M. T, Wil- bite's tax for the year 1826, who paid tax in Jackson county for that year. Approved, December 5th, 1823. [No. 592.] House o'f Representatives, v December 6th, 1828. The committee to whom was referred the petition of M. B. Lamar, editor of the Columbus Enquirer, report: That they have had the subject referred to them under consi- deration, and believing that the public interest has been promoted by the publication of the fraction sales in the Columbus paper, and also believing that if that paper had been in existence when the law directing the sales was passed, the Legislature would have directed the publication to be made there also, as most of the land lay in the section of the country in which that paper circulates; Resolved, therefore, for these reasons, that the editor of the Columbus Enquirer be allowed for the publication of the present land sales the same compensation that may be allowed to other newspapers for the like services in the upper part of the State. Approved, December 11th, 1828. [No. 593.] [No. 590.] House of Representatives, December 5th, 1828.- Resolved, That the inspectors of the penitentiary be required to deliver, after the fifteenth day of January next, to the collecting clerks of the institution, all notes, accounts, and demands which became due to said institution previous to, and at the end of the political year 1828, and which do not exceed the sum of thirty House of Representatives, December 6th, 1828. The committee to whom was referred the petition of William Aaron have had the same under consideration, and beg leave to report: That the facts stated in the petition, to wit, that your petitioner drew fractional lot number 321, in the first district of Walton county, containing fifty acres, is true as appears of record, in the Surveyor General's office^ It follows, therefore, that the Governor committed an error in causing said number to be put in the wheel to be drawn for; the consequence of which has been to exclude your petitioner from any participation in the land lottery of 1821, as well as any benefits that might have accrued to him in the RESOLUTIONS.—1S28. 125 recent land lottery, as a revolutionary soldier. It also appears of record in the Treasurer's office, that said fractional lot was sold by the fraction-selling commissioners on the8th day of August, 1821, for the sum of one hundred dollars. From the foregoing facts your committee are of opinion that the prayer of the petitioner is reasonable and ought to be granted, and would therefore re- commend the following resolution : Resolved, That the sum of one hundred dollars be, and the same is hereby allowed to William Aaron, and that the same be inserted in the Appropriation Act. Approved, December 20th, 1828. ' [No. 594.] In the House of Representatives, December 6th, 1828. , Resolved, That Thomas Spalding be^ and he is hereby ap- pointed a commissioner of the river Altamaha, in place of James H. Couper, esq., resigned. Approved, December 17th, 1828. [No. 595.] In the House of Representatives, December 10^,1828. From a painful conviction that a manifestation of the public sentiment, in the most imposing and impressive form, is called for by the present agitated state of the southern section of the union, the General Assembly of the State of Georgia have deemed it their duty to adopt the novel expedient of addressing, in the name of the State, the Senate of the United States. In her sovereign character, the State of Georgia protests against the act of the last session of Congress, entitled " An Act in alter- ation of the several acts imposing duties on imports," as decep- tive in its title, fraudulent in its pretexts, oppressive in its exac- tions, partial and unjust in its operations, unconstitutional in its well-known objects, ruinous to commerce and agriculture, to secure a hateful monopoly to a combination of importunate ma- nufacturers. Demanding the repeal of an act which has already disturbed the Union, endangered the public tranquillity, weakened the con- fidence of whole States in the federal government, and dimi- nished the affection of large masses of the people of the Union itself; and the abandonment of the degrading system which con- siders the people as incapable of wisely directing their own en- terprise, which sets up the servants of the people in Congress as the exclusive judges of what pursuits are most advantageous and suitable for those by whom they were elected—the State of Georgia expects, that in perpetual testimony thereof, this delibe- rate and solemn expression of her opinions will be carefully pre- served among the archives of the Senate, and in justification of her character to the present generation and to posterity ; if, un- fortunately, Congress, disregarding this protest, and continuing to pervert powers, granted for clearly defined and well-understood purposes, to effectuate objects never intended by the great parties by whom the constitution was framed to be entrusted to the con- trolling guardianship of the Federal Government, should render necessary measures of decisive character for the protection of the people of the State, and the vindication of the constitution of the United States. Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the foregoing protest be signed by the President of the Senate, by the Speaker of the House of Representatives, and by his excellency the Go- vernor 5 and after having the great seal of the State affixed to it, be transmitted by the Governor to. the Senate of the United States. Approved, December 20th, 1828. [No. 596.1 In the House of Representatives, December 11th, 1828. The committee to whom was referred the communication from his excellency the Governor on the subject of the unexpended balance of money appropriated for the improvement of the navi- gation of Brier creek, beg leave to report: That appropriations to the amount of eight thousand dollars were made for the purposes of rendering the said creek naviga- ble ; certain commissioners were appointed to superintend that work, who drew from the treasury the sum above mentioned. It appears that these commissioners appointed Peter Lequieux their treasurer, who gave at several times two bonds conditioned for the-faithful discharge of his duties as treasurer. That after paying out all the money ordered by the commissioners, there remained in his hands an unexpended balance of two thousand four hundred and thirty-five dollars and twelve cents ;'the said Peter Lequieux has since departed this life, and the representa- tives of his estate have paid into the treasury of the State the sum of twelve hundred and thirty-five dollars, leaving a balance still due of twelve hundred dollars and twelve cents. Your committee, on examining the condition of the two bonds, find that Peter Lequieux was bound to pay out the moneys in his hands to the order of the commissioners only ; this doubtless in- duced the belief, that a payment to the newly-appointed commis- sioners, who formed a board separate and distinct from those who were originally appointed, and to whom the said treasurer was by his bond rendered accountable, would not be a compli- ance with the condition of his bond ; further it does not appear by any evidence before your committee, at what time the late Governor's draft was presented to the said Lequieux, or tb his representatives: for these reasons, your committee are of opinion that interest ought not to be required from the estate of the said Lequieux. They therefore recommend the adoption of the following resolution : Resolved, That the legal representatives of Peter Lequieux, late treasurer of the board of commissioners for improving the navigation of Brier creek, or his securities, be, and they are hereby required to pay into the treasury of the State, before the first day of November next, the sum of twelve hundred dollars and twelve cents, being the unexpended balance of the fund appropriated for the improvement of the navigation of B^rier creek ; and that his excellency the Governor be authorized, on such payment being made, to cancel the bonds of the said trea- surer; and in case of failure, to adopt such measures as will compel the payment of the said balance. Resolved, That the said sum of money when paid in shall make a part of the funds of the State, and not be considered as specially appropriated to the purpose of improving the navigation of Brier creek. Approved, December 20th, 1828. [No. 597.] In the House of Representatives, December \2>th, 1828. The committee to whom was referred the petition of Benjamin F. Harris, esq. late Solicitor General of the Flint circuit, have had the same under consideration, and are of the opinion that the prayer of the petitioner is reasonable and just, and ought to be granted : they therefore offer the following resolution : Resolved, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That the sum of three hundred and forty dollars nineteen cents be allowed to the said Benjamin F. Harris, as a compensation for his services in collecting and paying the treasurer for the State the sum of one thousand seven hundred and sixty-five dollars and twenty-eight cents, and in prosecuting to judgment debts due the State, amounting to seven thousand eight hundred and three dollars seventeen cents, and other professional services rendered in the trial of cases wherein the State was a party, and that the same be inserted in the bill appropriating moneys for the political year of eighteen hundred and twenty-nine. Approved, December 20th, 1828. [No. 598.] In the House of Representatives, December 13 th, 1828. The committee to whom was referred the memorial and peti- tion of Frederick Williams (a surveyor of the late acquired terri- tory),have had the same under their attentive consideration, and 123 RESOLUTIONS.—1828. have believed the prayer 01 tne petitioner to ne reasonable, and that it ought to be granted. They would therefore respectfully recommend the adoption of the following resolution. Resolved, That the sum of one hundred dollars is hereby ap- propriated t , [No., 600.] Jn the House of Representatives, December 13th, 1828. The committee to whom was referred the petition of Carlton Wellborn have had the same under consideration, and are of the opinion that the prayer of the petitioner is reasonable, and ought to be granted. They therefore offer the following reso- lution:. , Resolved, That the sum of three hundred and fifty dollars for the plan of the new territory west of Flint river be allowed the said Carton Wellborn, and that the same be inserted in the bill appropriating moneys for the year 1829. Approved, December 20th, 1828. ■ [No. 601.] In the House of Representatives, December 13 th, 1828. The committee to whom was referred the petition of Wright Mims, late sheriff of Wilkinson county, have had the same(under their consideration, and believe, from the facts disclosed, that the prayer of the petitioner is reasonable, and ought to be granted. They therefore recommend the adoption of the following reso- lution: Resolved, That a resolution passed during the last Legislature, and approved .on the twenty-fourth day of December, 1827, in favour of Isaac Hall, late tax collector of Wilkinson county, be, and the same is hereby repealed, so far as it goes to implicate the conduct of Wright Mims, late sheriff of Wilkinson county. Approved, December 20th, 1828. [No. 602.] In the House of Representatives, December 15 th, 1828. The committee to whom was referred the resolution directing them to inquire whether the Cherokees are now in possession of any land formerly the property of the Creeks, and ceded by them to the United States for the use of Georgia, have had the same under consideration, and beg leave to. report: That by an examination of the treaty held and concluded on the twenty-second March, eighteen hundred and eighteen, be- tween the United States and the Creek tribe of Indians, it is as- certained that said tribe ceded to the whites a certain tract of country lying within certain boundaries designated by said treaty, the northern part of which was a line running from Suwanne Old Town, on the Chattahoochie to the head of the Apalachie river. By reference to the treaty of eighth July, eighteen hun- dred and seventeen, between the Cherokees and the general go- vernment, it is also ascertained, that said tribe ceded by said treaty a portion of their lands lying north of said line and east of the Chattahoochie; (from, which it vyould clearly appear, that as late as eighteen hundred and eighteen the Suwanne Old Town, on the Chattahoochie, was the point on said river to which the boundaries of the Creeks and Cherokees extended ; the one having ceded lands north and the other south of that poipt.' By reference to other treaties with said tribes entered into by the United States, it appears that the mouth of Will's creek, on the Coosa river, was the established point,of boundary between said tribes on that river. The most National conclusion from these facts is, that the established boundary between said tribes west of the Chattahoochie was a line connecting the two points above designated, viz : the Suwanne Old Town, on the Chatta-. hoochie, and the mouth of Will's creek, pn the Coosa river. In> confirmation of this conclusion, your committee have received information from General D; B. Mitchell, former Creek agent, that a boundary had been established between said tribes, running from Suwanne Old Town, as aforesaid, immediately across to the HightoVer river, at a place called Sixes Old Tdwn ; thence down said river to the mouth of Will's creek : that such boundary was agreed upon and established between said tribes by a con- vention or treaty held many years ago, to which the United States wa3 a party, and which was ratified and recognised by the gene- ral government as the permanent boundary line between said tribes. Your committee are confident, from all the information which they have received, that the fact is susceptible of proof, not only from the report made to the general government by CoL Hawkins, formerly Indian agent, but by the testimony of living witnesses, that such was the established boundary of said tribes, betweensaid rivers Coosa and Chattahoochie, and the only one ever recognised and ratified by the government of the United States. Your committee are aware of the fact, that by a subsequent agreement or convention between said tribes, in eighteen hun* dred and twenty-one, another and a different boundary was at- tempted to be established, running from the Buzzard Roost, on the Chattahoochie, in a straight .line to the mouth of Will's creek. But this line was agreed upon and run'by the Indians themselves, without the assent or authority of the general govern- ment. The United States was no party to such agreement, nor have your committee understood that it has \>een recognised or ratified by the general government Jt is therefore void. The Creek tribe had no right, according to the constitution of the United States arid the laws of Congress, to cede any portion of its territory t,o the Cherokees by any agreement, treaty, or nego- tiation, to which the United States was not a party. The con- vention of eighteen hundred and twenty-one between said tribes, being thus clearly &nd unquestionably null and void, the whole of the territory lying south of the long-established and permanent boundary between said tribes first above described and east of the Alabama line is now,the rightful property of Georgia; foit RESOLUTIONS.—1828. 127 "by the treaty of the fifteenth November, eighteen hundred and twenty-seven, made by the Creeks with the United States, all the lands owned or claimed by the Creek nation of Indians, not here- tofore ceded, and which on actual survey should be found to be within the chartered limits of Georgia, were ceded to the United States for the use of Georgia. It is a fact admitted on all hands, and well ascertained, that the territory thus' described does lie within the chartered limits of Georgia ; and under these consi- derations, and with these views* your committee beg leave to offer the following resolutions: Resolved, That his excellency the Governor be authorized and requested to adopt the most efficient means to procure all the information and evidence in his power, in relation to the true boundary line between the said tribes of Indians. Resolved, »That should the fact be sufficiently established in his opinion, that the proper line between said tribes, at the time of cession by the treaty with the Creeks, of November, eighteen hundred and twenty-seven, was the one first above described, beginning at Suwanne Old Town as aforesaid, running to the Hightower river, and thence to the mouth of Will's creek on the Coosa, that he be instructed to take immediate and efficient measures to have said line run and distinctly marked, in such manner as he may deem most advisable. Resolved, That so soon as said line shall be run and marked, that his excellency the Governor be instructed to request the President of the United States to have removed immediately all and every Indian, whether Creek or Cherokee, who may be found residing within the territory aforesaid. Approved, December 20th, 1828. [No. 603.] In the House of Representatives, December 16th, 1828. The Committee to whom was referred a resolution from the House of Representatives, requiring them to inquire into the propriety of granting them a further stay of the proceedings on a judgment in favour of the State against Fleming F. Adrian and his securities, have had the same under consideration, and find that, by a resolution of the last Legislature, the said judg- ment was suspended for and during the term of twelve months ; after the expiration of which time your committee offer the fol- lowing resolution: Resolved, That the Comptroller General direct the Solicitor General of the Western Circuit to proceed in the collection of an execution in favour of the State against Fleming F. Adrian and his securities forthwith. Approved, December 20th, 1828. [No. 604.] # In the House of Representatives, December 16th, 1828. The joint Committee on the State of the Republic, to whom j was referred that part of the Governor's communication which relates to the dividing line between Georgia and the Territory of Florida, have had the same under consideration, together with the accompanying' documents, and, after an attentive examina- tion of the subject, report: That the executive, conformably to a resolution of the last session, caused the report then made to be laid before Congress; and, in further compliance with the request of the Legislature, opened a correspondence with the President of the United States, in which the claims of Georgia to her legitimate and constitutional boundary were zealously and ably asserted. The report made to the Senate of the United States, by the Judiciary Committee, recommended the postponement of the subject until the ensuing session. That to the House of Representatives was drawn to a more definite conclusion, by -resolving, " as the opi- nion of the committee, that in running the boundary line be- tween Georgia and Florida, the point designated by the commis- sionerS under the third article of the treaty of 1796, between the United States and Spain, ought to be the termination of the line from the junction of the Chattahoochie and Flint rivers." This report was not acted upon ; the subject consequently is yet to be discussed and decided. Your committee, reposing full con- fidence in the general government, (and deeply sensible of the inviolability of Georgia's claims, cannot but express their disap- pointment that the committee should, upon the evidence before them, have hesitated to recommend the repeal of the act of Con- gress of eighteen hundred and twenty-six, or such a modification of it, as would have enabled the President to empower commis- sioners, in conjunction with this government, to run and mark the line agreeable to the rights of the parties. And still more are they surprised that reasons should have been sought after, and arguments employed, on which no just inference against our claim can be sustained. The whole argument used by the committee charged with this matter has for its foundation, and arises out of the mistake of Mr. Ellicott and the Spanish commissioner, in designating the north branch as the true source of the St. Mary's. This mistake is the keystone of the whole arch; it is from this that they say the north prong was called St. Mary's, and ought to be so considered ; it is this that led them into the error of declaring that the commissioners of the two govern- ments were appointed to settle and decide a contested question of boundary ; and because this mistake was not detected before the line was about to be run, the acquiescence of Georgia is presumed, and urged as an argument against her claim. It is a fact admitted by all parties, and which forms the very essence of this controversy, that the line between the Chattahoo- chie and Flint rivers and the head of St. Mary's river was neither traced nor marked by the commissioners appointed under the third article of the treaty with Spain. From that ar- ticle they derived their powers, and by a reference to it it will appear that they were not plenipotentiaries, but merely ministe- rial agents, acting under orders to run and mark the line according to the stipulations of the second article of the treaty, which is in the following words : " The southern boundary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line beginning on the river Mississippi, at the northernmost part of the thirty-first degree of latitude north of the equator, which from thence shall be drawn due east to the middle of the river Apalachicola or Chatta- hoochie ; thence along the middle thereof to the junction with the Flint; thence straight to the head of St. Mary's river, and thence down the middle thereof to the Atlantic ocean." From the Mississippi to the Chattahoochie they executed their com- mission according to the stipulations of the treaty. The re- maining part of the duty assigned them they neglected to per- form ; and whatever agreement they may have made by virtue of the powers invested in the third article, cannot be reasonably insisted upon as authority for varying the true line : as the arti- cle in its most enlarged construction does not extend so far as to justify the running of the line in any other direction, or from and to any other points than those designated in the second article. The point of departure and the terminating point are both fixed by the second article ; and it is provided in the third, specially, that the commissioners should run and mark from and to those points. The points referred to are from the junction of the Chattahoochie and Flint rivers to the head of the St. Mary's river ; and not to mound A or mound B, or to any other inde- finite place to be fixed upon at the commissioners' discretion. As the proceedings of those commissioners present the only diffi- culty, your committee beg leave to cite the whole article under which they acted, to wit: " In order to carry the preceding ar- ticle into effect, one commissioner and one surveyor shall be appointed by each of the contracting parties, who shall meet at the Natches, on the left side of the river Mississippi, before the expiration of six months from the ratification of this convention.; and they shall proceed to run and mark this boundary according to the stipulations of said article : they shall make plats and keep journals of their proceedings, which shall be considered as a part of this convention, and shall have the same force as if they were inserted therein." It is charitable to presume that the judi- ciary committee did not examine minutely the provisions of this article, or they would not have exposed their judgment to inj- 128 . .! RESOLUTIONS.—1828. '• peachment by asserting that "the commissioners of the two becauseuEUicott and the Spanish commissioner agreed that it governments were appointed to settle and decide a contested should be so, and that the Georgia commissioners, in> 1818, con- question of boundary." curred in the designation ; from which circumstances it had the ' There is no discretion conferred in this article. If their plats reputation of being the head of St. Mary's ; and because of that and journals! were to have the same force as the convention, they reputation,, it should be considered the true head or source of the were nevertheless obliged to be in accordance with its stipula- St. Maryts. This, though not precisely the language, is the tions. If, therefore, Mr. Ellicott agreed, as is insisted upon, that amount of their argument. Your committee, conceiving that one mile north of mount B should be as far south as tlie line they have most conclusively proved the American and Spanish when runrshould approach, it is very palpable that he exceeded commissioners to have dcted extra-officially in making mounds his authority, even though he may have made a plat of mount B, and agreements not provided for by the treaty, any reputation of hnd journalized the agreement. He was not sent there to . make names inferred from those acts is too vague to require serious an agreement, defining a point to which the line should be run at examination. some future time; but to run and mark the line between the In regard to the' acquiescence of Georgia, the facts cited in points already described. If permitted to vary the stipulations the report to Congress prove that the authorities of the State of the treaty, he could with as much propriety and equal justice were deceived. If Georgia had considered the act of the United hlave fixed upon a point fifty miles further in the interior of States and Spain as decisive and final, she would not have de- Georgia. The questiou is, did the Spanish and American com- puted commissioners to have made an examination. The very missioners run and mark the line from the junction of the Chat- deputation shows that she conceived, as must be admitted, that tahoochie and Flint rivers to the head of the St. Mary's river, as she had a right to be heard in settling her own boundary. She they were directed to do ? No. They ran no line at all be- did not, though, send those commissioners to make a final settle- 1 tween those points! What did they do ? They agreed that the ment of her boundary. She could only confer such power when line should be run at some future time, and by some other per- the_ United ^States were, ready to join her in the commission; sons,, to, ascertain other points different from that fixed by the They were sent merely upon an exploring tour for the satisfac- treaty ! M The committee who have, claimed this extraordinary tion of the State, on a disputed point. The United States'were power for the commissioners place themselves in an inextricable under no obligation to abide by the opinion formed. How, then, dilemma, they not only consider themselves authorized to can the United States, upon any principle of reciprocity, con- overturn the treaty they were appointed to carry into effect,' but tend that Georgia should be forestalled by an opinion as to ah likewise to assume for them the right to bargain away the soil isolated fact, to which they held themselves free to agree or to and sovereignty of a sovereign State, who could not, under her disagree ? The acquiescence of Georgia in the extent to which obligations to the Union, interfere in settling the boundaries of it has been given, only proves that she was then, as she is now, the United States, though on that line of it: she was more im- and ever, will be while she respects the rightstof others as she mediately concerned than-all her sister States together. So far doesherown, willing to be governed in the running of that line from those commissioners being justified in the exercise of the by the tru^ points/ She desired no more then than she believed power which they arrogated, your committee, next to the loss of to be her right; and from the evidence then in her possession, the liberties of their own State, would regret to see the time when she supposed the point fixed upon by Ellicott was the true ji>oint. the government of the United States should become so forgetful She contends now for no more than later developements rirtcon- of the limitations of her prerogatives, as to assume the power of testably prove to be her own. 'ratifying a treaty with any foreign nation, by which the least por-. Your comfnittee feel authorized by the facts to deny that, tion of the soil of a State should be taken from her without her Georgia has ever acquiesced so far as to agree that the line consent. ■ - ». should be run to Ellicott's mound: there has been no definite act Tlie United States is bound by the constitution to protect us of the State by which the matter has been settled, or considered from invasion. Upon the supposition, then, that the line had settled by either party. It is true her commissioners believed been ruii and marked agreeable to the report of the Spanish that the mound was at the source of the river, upon whose in- commissioners, and had been sanctioned by the government by formation the. Governor's opinion was then predicated, all of a ratification of the treaty, it would have imposed upon" her the which was mainly owing to the confidence reposed in the pre- disagreeable alternative of breaking her treaty with Spain or vious examinations of Mr. Ellicott. They were not, however, abandoning her obligations to the confederacy. If Florida were associated with commissioners of the United States to settle the : yet a Spanish province, Georgia would have a right to require boundary : they were acting merely ei "parte in the search of in- the United States to perform her sacred engagements by driving formation, whose report, if correct, would not have bound the from our soil the Spaniard who invaded it. " To provide for the United States, and if erroneous, cannot bind Georgia. Neither common defence" is one of the principal objects of our political this nor any other act concluded either party, because the par- association ; and could the United States humiliate themselves, ties have never acted in conjunction, consequently the true head upon oUr application to have our soil and our sovereignty restored of the St. Mary's has always been debatable; and from the to us* by pleading that they had ceded it to Spain, and therefore^ limited information as to the topography of the country, it was could hot ipterfere? Such disregard of her obligations would obliged to remain so until commissioners were duly appointed be productive of the worst of consequences, as it would destroy by the parties to run and mark the line. The argument of the all confidence in the protection of the constitution. It is not committee that the'north prong was called the St. Mary*s, and expected* now that the Federal Government is the proprietor of therefore." intended in the several State papers above recited," to Florida, that it can be unmindful of the declaration in the con- which they attach 'the greatest importance, is based upon the stitution that " no new State shall be formed or erected within same mistake of their own agent; for from the evidence ad- the jurisdiction of any other State, nor any State be formed by duced by them, it appears that Ellicott was tile first who gave it the junction of two or more States or parts of States, without the name of St. Mary's in exclusion of the other branches ; and the consent of the Legislatures of the States concerned." Has by an assumption of their own, they deprive the southern branch the Legislature of Georgia ever given her assent in any manner of a participation in the rights of a name. This argument can- that that portion of the State should be detached and set apart to not avail, even upon the principle which they were forced tb Ussist in the formation Of another State 1 The foregofng allu- hdmit in their illustration, until a name for the south prong sion'to the obligations of the Geheral Government to the States, different from St. Mary's shall hive been established, and that We have thought it advisable to make, because it does not ap- too known to the king of Great Britain when the boundary'of pear from the report made tb the House of Representatives, Georgia wa£ described ; as it is clear by the commission to Go- that the committee themselves consider Ellitbtt's mound to b6 vernor Wright, that it was intended by tfie Royal Government to the head of Sti Mary's, but they s&yit Ought td fee so considered, extend the eastern boundary of Georgia to the most southern RESOLUTIONS.—1S2S. 129 stream of St. Mary's, and thence to the head thereof. The river took its name at the disemboguement—of course all streams coining in on the south were southern streams of that river; to the head of the most southern stream, is the point at which the eastern line determines; for it is in a subsequent clause that the southern boundary is described to be " thence westward as far as our territories extend by the north boundary line of our pro- vinces of East and West Florida." By this commission all previous boundaries of Georgia were revoked and determined. To this then we are to look for our geographical limits, and fortunately for us in this exigency, it de- scribes that stream of the St. Mary's to be the*head or source for which we are now contending, with an accuracy that can no longer be misunderstood. It is probable that the course of the river was not accurately known, from which it is inferred, that it was the intention of the royal commission .that Georgia should extend as far south as the most southern stream and to the head thereof, or that part of the description would not have been incorporated in the eastern boundary. It is reasonable to believe that this identical stream was meant, and not the stream at the disemboguement, which was between Amelia island and the main, which is *one of the mouths of the St. Mary's. It could not have applied to that, as both the provinces of Georgia and Florida were at that time under the same regal government, and Amelia island was not then, nor has it at any time since been considered as belonging to Georgia. If then it did not mean the southern stream at the mouth of the river it must have meant the southern stream higher up the river. It is from this charter that our Legislature conceived themselves authorized in 1703 to de- clare our boundary to be " from the fork of the Apalachicola where the Chatahoochie and Flint rivers meet in a direct line, to the head or source of the southernmost stream of the St. Mary's river, and along the course of said river to the Atlantic ocean which furnishes additional eviderice that the south prong was known at that day to be the head of that river. If the southern stream were not ascertained to lead to the source of the river there would be more plausibility in the entertainment of different opinions upon the subject, as in that event the boundary acknowledged by Great Britain in the treaty of'82, and provided for us by the treaty with Spain in '95, wTould vary from that described by the regal commission of '64, and our act of '83., But when all these do- cuments agree that the head of the St. Mary's is one of the points by which the boundary was to be regulated, and the rights conveyed in the charter of Florida are not violated, does it not require a tenacity of opinion approaching obstinacy in error to insist upon a deviation ? It is not expected that Congress will be led by sophistry to the support of an erroneous claim. These questions, then, result,—if the line were to be run to the point agreed upon by the commissioners under the third article of the treaty with Spain, would it run according to the boundary described for us in our old charter ?—according to the boundary which is secured to us in the definitive treaty of peace with Great Bri- tain, which is provided for us in the treaty of '95 with the Spanish government, which our act of'83 recognises ? and more than all, which our constitution consecrates ? Your committee cannot believe that when the subject is fully investigated by Congress, that the federal government will be so unmindful of justice, and her obligations to one of the confede- racy, even upon the hypothesis that she could succeed, as to claim an advantage which is derived solely from the negligence and error of her own agent. They therefore recommend the follow- ing resolutions: Resolved, That it is desirable to the State of Georgia to have the boundary line between her and Florida run and marked as speedily as will meet the convenience of the United States. Resolved, As the act of Congress of 14th May, 1826, pro- vidimr for the running and marking that line, requires it to be run and marked to the point designated as the head of St. Mary's by the commissioners appointed under the third article of the treaty of friendship, limits, and. navigation, between the United States and Spain, of 27th October, 1795 ; and as that line is not, in the opinion of Georgia, the true boundary, that Congress be earnestly requested, at the present session, to repeal the aforesaid act, and to pass another authorizing the line to be run and marked according to the provisions of the second article of said treaty. Resolved, That should Congress refuse to make any provisions for running the aforesaid line in conjunction with the authorities of Georgia, that the Governor be authorized and requested to appoint commissioners, to be accompanied with a competent surveyor and artist, to run and mark the line according to the stipulations contained in the second article of the treaty between the United States and Spain, of the 27th October, 179*5. Resolved, That the Governor be requested to forward a copy to our Senators and Representatives in Congress, to be by them laid before the Senate and House of Representatives of the Con- gress of the United States. Approved, December 20th, 1828. [No. 605.] In the House of Representatives, December 16th, 1828. The Committee on Agriculture and Internal Improvement, to whom was referred the report of the late Commissioners of the Ocmulgee River Navigation Company, have had the same under their consideration, and believe that the said commissioners have acted for the interest of the State, in laying out the funds appro- priated for that purpose ; and recommend the said commissioners to cause to be collected the balance in the hands of the former commissioners, and apply the same to the benefit of said Ocniul- gee river. Approved, December 20th, 1828. [No. 606.] House of Representatives, December 16th, 1828. The Committee to whom was referred the Message of his ex- cellency the Governor, on the subject of the addition to the State- house, beg leave to report: That after examining the contract entered into by the State with C. C. Birch, and other documents herewith submitted, the said C. C. Birch, in his estimate of the cost of the aforesaid additional building, had omitted in the arti- cles of stone and sheet-lead amounting to the sum of seven hundred dollars, agreeable to a letter from C. C. Birch to Hamil- ton Fulton, esq., which your committee are of opinion ought to be allowed the said Birch on his final completion of the work. Your Committee therefore recommend the following resolution: Resolved by the Senate and House of Representatives of the < State of Georgia, in General Assembly met, That whenever C, C. Birch shall have completed his work according to the con- tract piade by him for enlarging the State-house, that his excel- lency the Governor, or his successors in office, be, and he is hereby authorized and required to draw his warrant in favour of said C. C. Birch, for such sum as was overlooked in the esli- mate of the price of the granite and lead ; Provided, said amount does not exceed the sum of seven hundred dollars, to be paid out of the appropriation for enlarging the State-house. Your Committee beg leave to be discharged from that part of the Governor's communication which recommends the making the main building to correspond with the addition, and offer the following resolution, to wit: Resolved, That so much of the Governor's message on the subject of enlarging the State-house, and making the main build- ing to correspond with the late addition, be referred to the joint committee for that purpose. Approved, December 20th, 1828. [No. 607.] House of Representatives, December 11th, 1828. The Committee on Agriculture and Internal Improvement, to whom was referred a resolution of the House of Representa- tives instructing them " to inquire into the expediency of not appropriating any more funds for the improvement of the navi- gation of rivers, &c., in this State, until some better system of internal improvement be adopted ; and that said Committee be 130 ' RESOLUTIONS.—1828. . 1 instructed, if they should deem it expedient, to propose such purposes of internal improvement, until some better and mora change in the present system of internal improvement as shall efficient system shall be matured and adopted; and that the operate more effectually, and with greater regard to economy office of Civil Engineer be abolished for the present, and accountability than the present one," have had the same Resolved, That his excellency the Governor be requested to under consideration, and ask permission to report the result of discharge the Civil Engineer, Hamilton Fulton, from the ser- their deliberations. ' , N vice of this State, so soon as -the present quarter, specified by The easy transportation of the gross productions of a State, his excellency's message of the 4th instant, shall have expired, for the pursuits of whose inhabitants are almost solely of an Approved, December 20th, 1828. , agricultural nature, is' one which next to agriculture itself de- >, — mands attention. The magnitude of the subject has, with your (No. 608.] House op Representatives, committee, precluded any thing like a partial investigation of it; ■> ' ' December 17th, 1828. and while it views a variegated soil teeming with torresponding Resolved, by the Senate and House of Representatives of the fruits, and rivers in every part of the State communicating with State of Georgia, in General Assembly met, That P. Rockmore both the Atlantic Ocean and the Gulf of Mexico, whose chan- and Jacob Pruett, esquir?srof the county of Jones, be, and they nels are sufficiently deep, if cleared of obstrufctions which have are hereby appointed commissioners of the Ocmulgee naviga- accumulated with time, for the navigation of boats of sufficient tion, above Macon, in addition to those already appointed, capacity to transport all the surplus produce of the St^te to the Approved, December 20th, 1828. most advantageous markets ; it is nevertheless the duty of your \ committee, to which it reluctantly yields, to advise an abolition [No. 609.] ' ' House of Representatives, for the present of the office of Civil Engineer, and a cessation .. December 18th, 1828. of operations by the State so far as relates to the improvement Resolved, That Thomas L. Jackson, Mirabeau B. Lamar, Mar- of its rivers, until some method shall be found which may pro- tin Hardin, and Ridhard Gri^t be appointed commissioners of the mise a better prospect of success. v ; -Chattahoochie river below Columbus, in addition to those al- Within the last thirteen years the sum of $321,500 has been ready appointed. * appropriated by the State for purposes of internal improvenrient. ' Approved, December 20th, 1828. With the exception of $5000, conditionally appropriated for — Broad river, which has never been drawn, $4,636 46 cents, re- [No. 610.] ' House-of Representatives, turned to the Treasury by the Savannah River Navigation Com- December \8th, 1828. pariy between Augusta and Petersburg, and $1,235 returned by Resolved, That the Comptroller General .be, and he is hereby the commissioners of Brier creek, in Scriven county, with directed to publish his quarterly list of pedlers in the Columbus about eighty negroes, and some implements for laboui;, your Enquirer, in addition to the papers already prescribed by a reso- committee is unable to account for the expenditure of the appro- lution approved 22d December, 1825. priations. Those who have been appointed to direct the plan- Approved, December 20th, 1828. and course of operations, and supervise every thing in'connexion - . i . ' ' with them, have; in many instances, made no report, while others [No. 611.] House of Representatives, have renflej*ed very unsatisfactory statements of the discharge of ? ' December 18th, 1828. their dutiesf All reports, as^well as the omission to make them, Resolved, That the Senators and Representatives of this Ge~ go to show that the commissioners and those intrusted with the neral Assembly shall each receive a copy of the Laws and Jour- business have not manifested that fidelity, industry,, and skill, nals 6f the present, session, when printed, and the copies be which the State has a right to expect they woqld do. delivered them accordingly by the proper officers of their respective It is true that the attention of the State has been but recently * counties. c awakened to the subject of internal improvement, and success in «■ Approved, December 20th, 1828. _ . that business must depend in a great measure upon the experience of those who control it, and to this may be , attributed in part the [No. 612.] House of Representatives,. little profit which the State has reaped, and after having expended December 18th, 1828. so much'of its treasure. Your committee do not consider The committee to whom was referred the account of Thomas that they have cause to censure the chief Civil Engineer for the Mitchell, esq. against the State of Georgia, for surveying islands- manner in which he has discharged his duty. His reputation in in the Chattahoochie river, having had the same under consider- ^ North Carolina, as well as in England, as an engineer, is doubt- ation, are ready to report,. less just, and his failure to succeed in Georgia, if indeed failure can That they believe the account to be reasonable, and ought to be charged to him, is more attributable to the course he has been be granted. directed to take than to any want of skill in the performance of Rfi it therefore resolved by the Senate and House of Represent- his operations. ' ' atives in General Assembly met, That the sum of one thousand Your committee consider that the amount of money already and sixty-five dollars be paid to Thomas Mitchell, as compensa- laid out on internal improvements, if properly applied, would tion for his services in surveying said islands, out of any money have been abundantly sufficient to render navigable the first class in the treasury not otherwise appropriated, previously deducting . of rivers in the State; but it has been unfortunately the case* the amount heretofore paid to said Mitchell on said account out, that whenever an appropriation has been made, the amount has of the amount thus appropriated., been divided into so many parts, and applied to the use of so Approved, December 20th, 1828. many different places, unaided by professional experience and 1 '•— science, that there has been no benefit accrued to any section of [No. 613.] 1 House of Representatives, the State. „ . , ' • December 12th, 1828. If the sum ,of $325,000 bad been applied by benefiting the Resolved, by the Senate and House of Representatives qf the condition of roads, the people of the State would doubtless have State of Geprgia, in General Assembly met, That one hundred, realized a much greater profit than they have from the improve- and ninety-six dollars be appropriated to the payment of an ac- ment in, the navigation of rivers. count against the State of Georgia by John Bethune, for services The high tuition which the State has. already paid for the ex- rendered as surveyor (to which his excellency the Governor ad- perience which she possesses on this subject, together with the verts in his message to the House), and the account of said advanced period of this session of the Legislature, inducps your Bethune is herewith furnished ;. and the said amount be placed in committee respectfully to submit the following resolution,. the appropriation b^H. Resolved, That no further appropriations be made for. the Approved, December.20th, 1828.. RESOLUTIONS—1828. 131 [No. 614.] House or Representatives, December 18 th, 1828. Resolved, That Lewis Gregory, of Bibb county, and Mark Wilcox, of Telfair county, be appointed commissioners of the Oc- mulgee river, below Macon, in the place of John Knowls, of Pulaski, and John Wilcox, of Telfair, resigned. And that Hartwell H. Tarver, of Twiggs county, and George R. McCall, of Telfair, be appointed commissioners of the Ocmul- gee navigation below Macon, to fill the vacancies of Harrison Smith, of Bibb county, and John Lumkin, of Telfair county, re- signed. Approved, December 20th, 1828. [No. 615.] In the House of Representatives, December 18 th, 1828. Resolved, That both branches of the General Assembly will adjourn sine die on Saturday, the 20th instant. Approved, December 20th, 1828. [No. 616.] In the House of Representatives, December 18 th, 1828. The committee to whom was referred the letter of William C. Dawson, esq., Clerk of this House, in relation to a resolution of the last Legislature, requiring him to have such of the journals rebound which were then in a defective state, and to select from all papers in the office such as were apparently useless, and sub- mit them to the inspection of the next Legislature, and that he be directed to have the balance of the papers properly arranged and labelled, report, That they have performed the duty required of them, and find that the said clerk has complied with said resolution, and that he has arranged and labelled the papers in his office, and had the journals rebound, all done and executed in regular and neat style. Your committee, therefore, beg leave to offer the following reso- lution: Resolved, That William C. Dawson, esq., Clerk of the House of Representatives, be allowed the sum of five hundred dollars for his services and expenses, including binding, stationary, gilt, and every expense in culling, arranging, and rebinding the jour- nals and papers belonging to his office, agreeably to his appoint- ment last session ; and that the same be placed in the appropria- tion bill. Approved, December 20th, 1828. [No. 617.] In the House of Representatives, December 18 th, 1828. The committee to whom was referred the petition of Wiley W. Gaither have had the same under consideration, and from documents herewith submitted, they believe such charges have been customary ; they therefore believe the amount reasonable, and ought to be allowed. They therefore recommend the adoption of the following resolution : Resolved, That the sum of ninety-eight dollars be, and the same is hereby appropriated to the sajd Gaither, for recording one hundred and seventy-six laws and resolutions of the year eighteen hundred and twenty-five in the Secretary of State s office ; and that the same be inserted in the appropriation law of the present session. Approved, December 20th, 1828. [No. 618.] In the House of Representatives, December i9th, 1828. Resolved, That his excellency the Governor be, and he is hereby requested and authorized to appoint some fit and proper person or persons as agent and attorneys to prosecute to a final settlement the accounts of Col. Bedney Franklin, late Solicitor General of the Ocmulgee circuit, deceased, and of Adam G. Saffold and Seaborn Jones, esquires, his successors in office ; and also the accounts of sheriffs, clerks, and others who may be in arrears to the State on account of the business originally in¬ trusted to Col. Bedney Franklin, and reported by Lamar and Hines to be indebted and in arrears to the State for moneys col- lected by them, and not paid over to the Treasurer. Resolved, further, That said agent and attorney to be appointed by his excellency the Governor be vested with discretionary powers to allow and admit any amounts as sets-off which the said parties may justly claim, as compensation for services rendered and commissions for collection ; Provided, the same does not exceed five per centum on all collections made and actually paid into the Treasury; and such compensation as they may deem reasonable and just for all amounts prosecuted to judgment and not collected ; And provided, also, that the agent and attorney shall ascertain the balance due by each individual reported to be in default by Messrs. Lamar and Hines, the time that they with- held such balances from the public Treasury ; and the said agent and attorney shall be, and he is hereby authorized to charge the said public defaulters interest on all balances due and owing the State, if the agent and attorney may deem it just and equitable to do so; also to allow interest upon the amount awarded to said public defaulters as commissioners, or for extra services, from the time the money was paid into the Treasury, and from the time said services were rendered. And be it further resolved, That the agent and attorney to be appointed by his excellency the Governor proceed immediately to collect all balances due the State on all bonds originally deli- vered to Col..Bedney Franklin, and which remain uncollected, and to prosecute all the public officers reported by Messrs. Lamar and Hines to be in arrears to the State to a final settlement; and that his excellency the Governor be, and he is hereby authorized to allow suph agent and attorney such compensation for his ser- vices as he may deem reasonable and just. Approved, December 20th, 1828. [No. 619.] House of Representatives, December 19th, 1828. Resolved, That the sum of one hundred and twenty-four dol- lars and sixty-six cents be allowed to Thomas B. Stubbs, for car- peting and other articles furnished by him for the Representative Chamber, and that his excellency the Governor be, and he is hereby authorized and requested to draw his warrant on the Treasury for said amount in favour of Thomas B. Stubbs, in dis- charge of his account for the same. Approved, December 20th, 1828. [No. 620.] In the House of Representatives, December 20th, 1828. Resolved, That the fraction-selling commissioners do imme- diately advertise, and proceed to sell at the close of the present advertised sales, the fractions in the first district of Muscogee county which belong to this State. Approved, December 20th, 1828. [No. 621.] House of Representatives, December 20th, 1S28. Resolved, That his excellency the Governor be authorized and requested to communicate with Oliver H. Prince, esq. in relation to the manuscript concerning the early history of the Colony of Georgia referred to in the communication of Mr. Prince to the Speaker of the House of Representatives ; and that his excellency the Governor be authorized and requested to pur- chase said manuscript for the use of the State, if he should deem it of sufficient importance-to the State, and that he pay for the same out of the contingent fund. Approved, December 20th, 1828. [No. 622.] House of Representatives, December 19 th, 1828. The Committee on Finance, to whom was referred the letter of George R. Clayton, of the second December, eighteen hundred and twenty-eight, addressed to the Honourable the Speaker and members of the House of Representatives, requesting compensa- 133 RESOLUTIONS.—1829. tion for the attending to and laying out the sum of two thousand dollars, which was appropriated, by the 'Legislature of the last year for the purpose of repairing and painting the Government- house, and furnishing the - same. That they have had the same under consideration, and are of opinion the request is one which ought to be allowed ; they therefore recommend the following resolution: v Resolved, That the sum of fifty dollars be paid to George R. 'Clayton for his attention and services in contracting for the re- pairing and "painting the Government-house, and for furnishing the same, and that the same be placed in the Appropriation Act. Approved, December 20th, 1828. [N<* 623.] House of Representatives,' December 19th, 1828. Resolved, That his excellency the Governor be requested to dismiss forthwith Hamilton Fulton from any and all supervision and attention to public tqiildings growing out of a resolution passed December 21st, 1827. Approved, December 20th, 1823. [No. 624.] . House of Representatives, December 20th, 1828. Resolved, That his excellency the Governor cause to be ad- vertised as soon as practicable, in such of the public papers of this State as he may. deem proper, the act to provide for the better distVibution of the poor-school fund among the poor of this State, and to point out the mode of accounting for the distribution of the academy and poor-school fund, and for other purposes ;' and ali other acts of a general and public nature which he may deem necessary and useful to have published immediately : also, all acts for altering the times of holding the Superior and Inferior Courts in the several circuits in this State. Approved, December 20th, 1828.( RESOLUTIONS WHICH ORIGINATED IN THE SENATE, 1829. ' • : '• I . ' ■ [No.'625.] . In Senate, November 6th, 1829. Resolved, That the directors of the Central Rank of Georgia be, and they are hereby authorized and required to cause toL be sold at public outcry^ in Milledgeville, all the lots which have reverted and become the property of the State at the Mcintosh' Reserve, in the county of Butts, after having given public notice in the Milledge'ville papers at least thirty days previous to the day' of sale, on the terms and in the manner pointed out in an act passed by the General Assembly, December 22d, 1827, for dis- posing of said reserve. , / ■ . Approved, November 10th, 1829. / [No. 626.] ) In Senate, November 20th, 1829. The joint Committee to whom was referred the reports of the' Bank of Augusta, the Bank of Darien, the Fire and Marine In-^ surance Bank of Augusta, and the Merchants' and Planters' Bank of Augusta, have hid the same under consideration, and report: That they find that the affairs of the Bank,of Augusta have been managed with great prudence and discretion, and fully merits the continuance of the public confidence. The Bank of Darien, they are happy to say, again enjoys the public confidence, evidenced by the bills of that institution having arrived at par value from a great depreciation, and a new emission of bills on a limited scale having met with the approbation of our citizens, and fully within the power of the bank at any time to redeem. Notwithstanding the repeal of the resolution of the Legislature compelling the Bank of Darien to redeem $75,000 of its bills in the treasury semi-annually by the act chartering the Central Bank, the Bank of Darien has continued regularly to redeem the amount specified iq the resolution, giving full proof of the good faith with which the pledge was made and the full ability of the institution to comply with its engagements. It is the opinion of your committee that tfie bank is again entitled to public confidence, and feel justified in the hope that it will again promote the objects for which it was instituted. The Report of the Merchants' and Planters' Bank of Augusta exhibits the affairs of the institution in a sound and wholesome state; and n The Report of the Augusta Insurance and Banking Company',, while it has sustained heavy Josses incurred by the many and se- rious visitations of the city of Augusta, exhibit a full ability to redeem the amount which they have in circulation, and to meet their engagements with they public generally. Approved, December 19th, 1829. [No. 627.] In Senate, November 20*7*, 1829. The joint Judiciary Committee, to whom was referred that part of the Governors cornmunication, with the accompanying docu- ments, relative to the case of Rowland Stephenson, report: That it is known to the community, as well as to this commit- fee, that the whole circumstances of the arrest and abduction of the said Stephenson, together with the rights of all parties con- cerned, are now undergoing the determination of the legal tribu- nals of this. State : that in the opinion of your committee the case is now before the constitutional tribunal of the State, .and the rights of the parties must be settled according to the laws in force at the time ; and any expression of opinion on the part of the Legislature would be unadvised, as the same must most mani- festly affect the rights of the parties^ now in court: and as it is probable that the interest of the citizens generally do not demand an expression of opinion on the part of the Legislature, your committee recommend the following resolution: Resolved, That the committee be discharged from the further consideration of the question. Approved, December 19th, 1829. [No. 628.] In Senate, November 20th, 1829. The joint Committee on Banks, to whom was referred the report of the Bank of Macon, report: That after a careful examination of said report, it appears that the affairs of said bank are in a sound state, and that its directors are entitled to public confidence for the ability with which its affairs appear to be managed, They however feel bound to re- mark, that the State owns no stock in this bank; but as the bills of the Bank of Macon have an extensive circulation, it must be gratifying to the public to learn that the situation of the bank enables the directors to exhibit such satisfactory evidence of the ability of the bank to meet its engagements. Approved, December 19th, 1829. • [No. 629.] In Senate, November 20th, 1829. The joint .Committee on Banks,- to whom was referred the Report of the Marine and Fire Insurance Bank, report: RESOLUTIONS.—1829. 133 That they have given to the said report that careful attention that its importance seems to make necessary (as connected with the moneyed concerns of the State) ; they are gratified to learn that the said report exhibits such evidence of the ability of the bank to meet its engagements and liabilities of every character. They however feel bound to remark, that the State owns no stock in this bank ; they however know that the bills of the bank have an extensive circulation, and that the public interest is intimately connected with the soundness of the bank to meet its engage- ments. They therefore take pleasure ip stating, that it appears from the report of the bank that its affairs are managed with ability ; and that it must be gratifying to the public to learn that the situation of the bank enables the directors to exhibit such satisfactory evidence of the sound state of the aftaics of said bank, and of its prudent management, as connected with the public interest. Approved, December 19th, 1829. [No. 630.] Ix Senate, November 21 st, 1829. The Committee on Agriculture and Internal Improvement, to whom was referred the report of the commissioners for the na- vigation of the Oconee river, have had the same under considera- tion, and beg leave to make the following report, viz.; That from the report of the aforesaid commissioners, it ap- pears that they had on hand on the 31st day of October, 1828, in cash two thousand fifty-six dollars and twenty cents. In notes then due them, nine thousand three hundred and twenty dollars. That since that time they have received for negro-hire from Messrs. Calhoun and Fort, and P. A. Clayton, eight hundred and fifty- nine dollars and seventy-five cents, after deducting their winter- clothing. That since that time they have expended in various ways, twenty-five hundred and sixty-six dollars and thirty-nine cents ; leaving in their hands on the 31st day of October, 1829, in cash and notes, nine thousand six hundred and sixty-nine dollars and fifty-six cents. Also, that they have sixteen negro fellows, one hundred shares in bank-stock, two boats, some fiats, and a va- riety of tools. And that all the work they have had done this year on said river, has been done on the lock and dam near Mil- ledgeville, which they expect to complete about the 20th of the present month (November). That the river is now and has been for several years in a good navigable condition, and that it will only be necessary in future to clear out the logs which may here- after get into it, to keep it so. Approved, December 19th, 1829. [No. 631.] In Senate, November 26th, 1829. The Committee on Agriculture and Internal Improvement, to whom was referred the report of the commissioners of the Alta- maka river, have diligently examined the same, and ask leave to offer the following report: That it appears from the letter of Dr. James Troup, chairman of the board of commissioners, and the account current of Mr. Isaac Snow, their secretary, that of the sum of twenty thousand dollars appropriated for the improvement of the navigation of the Altamaha river, seventeen thousand one hundred and seventy- three dollars and eight cents has been expended, leaving an un- expended balance on the 15th of September last, of two thousand eight hundred and twenty-six dollars and ninety-two cents. Thirty negroes were purchased, of which number two have been drowned and four have died of disease. They have been em- ployed in the vicinity of Darien, above and below the town, and appear from said report to have made considerable improvement in the navigation of said river. Many of the items of expendi- hire appear to your committee to be high. Ihe account is cer- tified by Anson Kimberley and Thomas King, esqrs. to corres- pond with the vouchers, but none of the vouchers accompany the report, which your committee deem an important defect; and as your committee are of opinion, that public agents should be compelled to require duplicate vouchers, which should in all cases be sworn to and accompany the report; and they would, therefore, recommend the adoption of the following resolution, to wit; Resolved, That it shall be the duty of the commissioners of rivers, roads, or other agents having the disbursement of public money, to require all accounts to be sworn to before they are paid, and to take duplicates, to be returned with the report to the Governor for the information of the Legislature. Approved, December 19th, 1829. [No. 632.] _ In Senate, November 26th, 1829. ' The Committee to whom was referred the report of the com- missioners of the Locust State Road, through Habersham and Rabun counties, beg leave to make the following report: That they have duly and fairly considered the same, and are entirely satisfied with the proceedings of said commissioners, so far as they are able to judge from said report, as well as from facts under their knowledge; and in compliance with their request would beg' leave to suggest the further appropriation of a small sum for the benefit of said road. Therefore the committee offer the following resolution : Resolved, That James Blair, jun., and Stephen Smith, of Ha- bersham county, and John Kelley, sen., of Rabun county, be, and they are hereby appointed commissioners of the before-men- tioned Locust State Road, through the said counties of Haber- sham and Rabun, and that five hundred dollars be, and the same is hereby appropriated for the further improvement of said road, and that the same be inserted in the Appropriation Act, and to be equally expended by the said commissioners for the benefit of each county, and shall be subject to be drawn from the treasury by the order of said commissioners to his excellency the Governor, to be drawn out of any money not otherwise appropriated. And be it further resolved, That the commissioners f>f said Lo- cust State Road be, and they are hereby required to make an annual report of their actings and doings to his excellency the Governor, and by him to be transmitted to the Legislature, touching the ex- pehditure of any money which may come into their hands, as well as the extent of the repairs on said road. And be it further enacted, That the said commissioners, before entering into a discharge of their duties, shall give bond and se- curity to his excellency the Governor in the sum of one thousand dollars, for their faithful performance ; which bond shall be taken by the Justices of the Inferior Court of Rabun County, or a ma- jority of them, whose duty it shall be to judge of the sufficiency of said security ; who shall Jransmit the same to his excellency, to be deposited in the executive office previous to the aforesaid sum being drawn for as above required. Approved, December J 9th, 1829. [No. 633.] In Senate, November 26th, 1829. The joint Committee on Agriculture and Internal Improve- ment, to which was referred so much of the Governor's message as relates to the Savannah, Ogeechee, and Altamaha canal, beg leave to report: That after a careful examination of all the documents which were referred to the committee, they have been enabled to arrive at the gratifying conclusion, that before the end of the month of March next, and probably much sooner, the canal from the Ogeechee to the Savannah river will be completed, so as to admit the free passage of boats from the one river to the other. And further, that it is not only practicable, but that the intervening country affords unusual facilities for continuing the canal, at a moderate cost, from the (Ogeechee to the Altamaha, at a point near the mouth of the Ohoopie ; and that there is little reason to doubt, if hereafter it should be deemed advisable, that it may be extended along both branches of the Altamaha to Macon and Milledgeville, and even beyond those places into the interior, thus affording to a large and productive portion of our State a certain, ready, and cheap mode of transporting its valuable staples to a market on the sea-board, and an equally cheap, ready, and certain supply, in return, of such foreign productions as may be necessary for the convenience and comfort of its people. 134 RESOLUTIONS.—1839. Like all similar attempts elsewhere when first made, the direc- that Judge Wright himself declined to act, but recommended Mr, tors of the Savannah, Ogeechee, and Altamaha Canal Company Alfred Cruger as a gentleman in whose judgment and qualifi- have had great obstacles to overcome ; Ihe inexperience of the cations he has implicit confidence : that accordingly Mr. Cruger projectors, the want of competent engineers in our own State, was engaged, and catne to Savannah in the latter part of that and the difficulty of procuring such from abroad, the> ignorance year, and immediately proceeded carefully to examine the coun- and miscalculations and-failures Qf sub-contractors, and above try, ancf to locate the canal; that after having devoted a suffi- all, the difficulty of procuring proper labourers in the section of cient time to the examination,.and collected the necessary infor- country in which the work was commenced, were not only pro- mation, he 'returned to New-York, and prepared a report of the ductive of great embarrassments and delay, but tended to in- result of his researches, together with a drawing of the plan of crease the actual cost much beyond the original estimates, and the canal, and a map of the country through which it would pass, also probably much beyond the cost of any future similar under- which, with his estimate of the cost of the work, were submitted taking in our State, where like facilities are afforded by nature, to Judge Wright, who, after a careful examination of the whole, It appears by the report of the engineer made to his excellency recommended the same as entitled, to perfect confidence. Thai the Governor, under date of the 6th instant, and herewith sub- -report, with the plans and maps, were, in the fall of 1828, trans- mitted, that the amount expended on the section of the canal mitted to the executive of this State, and are submitted herewith which connects the Savannah and Ogeechee rivers is $143,721 by your committee, who concur in the belief that they are enti- 56 cents ; and that nearly all the locks, sluices^ culverts, bridges, tied to the fullest confidence. This survey cost the company and check dams are completed, and only about-forty chains of $2,735 02, which sum has been paid out of its funds, excavation and embankment remained at that time to be made ; From the examination and report of Mr. Cruger, it appears and it further appears by that report, that the residue, of the work that the canal commencing at the Ogechee, where the Savannah is to the entire completion and filling of the canal, including an canal joins that river, and terminating on the Altamaha, at or addition of 20 per cent, for contingencies, will not exceed the near the mouth of the Ohoopie, will be a few chains more than sum of $£0,949 ; while by an account rendered by the treasurer fifty-eight miles in length, and Will require a feeder, from Cox's of the company three days after, and which is also herewith sub- mill-falls on the Ohoopie, which may hereafter itself be used as a mitted, it appears that there was then in its treasury to irieet this canal of a few chains more than fourteen milds, making the expense the sum of $25,735, leaving a surplus in cash after whole length of excavation necessary seventy-four jniles and se- the canal shall haye been completed for navigation of nearly venty-four chains ; which, with the bridges, locks of brick, &c., $5000,, thus ensuring to the State the completion of this first and all other expenses to the entire completion of the canal, is attempt of canalling in Georgia, and thus also of bringing under estimated to cost $621,156 60.' The dimensions of this proposed the immediate eye of her people a means of internal comma- canal are intended to be thirty-three feet wide, at the bottom, five nication, which has contributed so much to the wealth, pros- feet depth of water, and a water line of forty-eight feet, and perity and importance of one State of our Union, and the bene- which are calculated to pass boats of eighty tons* Your com* fits of whicn are now so eagerly sought after, and in part realized mittee also state, that it appears from the report that there is in by several of the others. This work, so important in itp pro- dry seasons abundance of water even at the summit level for the bable results to our people, the president of the company in supply of the canalthat the soil through which the canal will ' his communication to the Governor, under date of the 12th inst. piss is invariably sand with a clay bottom, which last is gene- which is also herewith submitted, confidently expresses the hope, rally met with at three feet from the surface; that the ground will be completed , in March, next, for the passage of boats, is free from rock, and uncommonly favourable, and that the While alluding to this letter of the presiderit, yout committee country presents unusual facilities for the execution of the feel that it is due to the liberality and public spirit of that gen- < work ; that the whole distance from the Altamaha to the city of Ueman to state, that although entitled to a salary of on# thou- Sdvannah by the canal is only seventy-two miles, exceeding by sand dollars per annum, which is affixed to his office, he has very little the distance by land from its mouth on the Altamaha constantly refused to receive; any compensation whatever, and to Darien, while this last "distance by water is believed to be has heretofore, and will continue to render his services gratui-. nearly three times as great. tously to the company. Your committee, in order to enable them properly to estimate Your committee are aware thatr the immediate benefits to be the advantages of such a canal, have sought information from derived from the completion of'the section"of the canal between such respectable sources as they believed they could implicitly the Savannah and Ogeechee rivers will be felt only by a small rely on; and have ascertained that during the last year there were portion of people of the State; but yet they deem them to be shipped from Macon alone about forty-five thousand bales of very important, as a market will be opened, by a safe, cheap, cotton, which they understand will probably be increased this ' and short conveyance, not only for thC cotton and other produce year to fifty-five, and that from the borders of the Ocmulgee be- raised on the. Ogeechee, but also for the immense quantities low Macon, and not included in the above, about twenty thou- of valuable timber on both sides of the river as high up as sand; that the quantity shipped from Milledgeville and from, the Louisville, and which is now comparatively of little or no value, country on the Oconee below that place was last year not less But when your committee look forward and consider this canal than ten thousand bales, making an aggregate of eighty-five as the first successful trial of a system, for the execution of thousand bales, which no doubt will soon be increased to one which nature has furnished to Georgia such uncommon facilities, hundred thousand, exclusive of a considerable quantity forwarded and which is destined, at a day as your committee hope not very by wagorts to Augusta and Savannah from those waters and distant, to diffuse wealth and prosperity even through the most their neighbourhood, all of which would no doubt go (through remote and sterile sections of our State, your committee cannot the canal when completed. That in addition to this, the line of but view the successful completion of this small beginning as an the proposed canal passes through a country covered with fo- event of great importance to her whole people. rests of the most valuable timber, all of which would find a mar- In relation to so much of the line of the proposed canal as ket by that channel; ana that, on the other hand, the canal extends from the Ogeechee to the Altamaha, your committee beg would furnish,a cheap, certain, and expeditious means of supply leave to report, that the president of the company, with* the to a vast extent of rich and populous country, of. such articles of sanction of the directors, applied in the summer of 1827 to foreign production as are necessary for the convenience and JuUe Wright of New.-York, one of the most, if not the most, comfort of its inhabitants. The distance from the mouth of the able and experienced canal engineers in the United States, either canal by the canal to Savannah is estimated by Mr. Cruger to to undertake himself, or to recommend some capable person to be only one-third of that by the river from the same point to undertake a survey of the country between those rivers, and to Darien, to which last is to be added the whole distance from fix upon the most eligible and practicable line for the canal; Darien to Savannah, by the seaboard navigation; and he also RE SOLUTIONS.—1829. 135 estimates, upon data which appear to your committee to be cor- rect, that on a return cargo of eighty tons by the canal, including the tolls, will be only thirfy-nine dollars sixty-two cents for every twenty miles, while the same cargo by the upward navigation on the river, for the same distance, would cost one hundred and seven dollars eighty cents, making a saving by the canal on eighty tons of $68, 87* cents for every twenty miles. If to this be added the time saved in reaching a market and receiving returns for produce, the delays from low water, and the dangers of river navigation, the great saving by danal transportation over that by rivers must be manifest to all. On the whole, your committee cannot but concur with the late Governor in the opi- nion expressed in his message, " that of the practicability of the proposed canal, and of its immense utility when finished, no rea- sonable doubt can exist." Approved, December 19th, 1829. [No. 634.] In Senate, November 28th, 1829. The Committee on the state of the Republic, to whom was re- ferred that part of the Governor's message which relates to the boundary line between the State of Georgia and the Territory of Florida, with the accompanying documents, have had the same under their consideration, and report: That it is with extreme regret they learn that the line dividing this State from the Territory of Florida is yet unmarked, and still the subject of controversy .between this State and the United States: that it has been the misfortune and not the fault of Georgia that she has long been embroiled in disputes respecting her boundary lines is no less true than deprecated by her ; and yet, so long as she has been urged by an imperious duty to con- tend for her rights either with the United States or any of her sister States, it gives her consolation to know, that in none of these controversies has she ever subjected herself to the imputa- tion of disregarding the rights of others, or of having refused to listen to the voice of reason or justice. That it is still her duty to persevere in the enforcement of her rights, until they are re- cognised and established, none will deny. The Legislature would be grossly negligent in its duty to the people of the State, and especially that portion of them bordering immediately upon the line in dispute, were they any longer to delay the prosecution of the most rigorous measures to speed this controverted point to a fair and equitable adjustment. It is high time that Georgia should know her boundary lines ; that she has a right to the occupation of her land to the true line which separates it from the Territory of Florida, as well as the juris- diction thereof, all must admit r that the line to be run directly from the junction of the Flint and Chattahoochie rivers to the source or head of the St. Mary's river is the true line of division,, is as certain as it can be made by treaty stipulation, is beyond all question. There really ought to be no difficulty in settling the matter. The course of the line being plainly designated, as also the point of beginning and termination specifically pointed out, and both being natural points, and the description too not floating in the uncertain recollection of man, but reduced to the greatest possible certainty that language can make it, and inserted in an obligation of the most solemn kind between independent sove- reignties, it would appear to the committee to leave no room for controversy. It is useless for this committee again to enter into an argument of the question in relation to the location of this line. So full and so perfect a view of the same was presented in a report of the committee on the state of the Republic, at. the last session of the Legislature, to whom that subject was referred, that it is only necessary to refer to that report to establish the truth and justice of our cause, and fully to sustain the course which the State is pursuing in relation to that matter. The mere quantity of acres, or strip of land, between the two lines, independently considered, is unimportant either to this State or the United States, and is not the main question to be consi- dered ; it is principle, it is mere right for which Georgia con- tends, and she will be satisfied with nothing less. The Legislature has no constitutional power to give up or barter away the terri¬ tory or citizens of the State, or any portion thereof, or relinquish her jurisdiction over the same, but on the contrary to preserve inviolate the integrity thereof. The committee were hopeful that the application and appeal which was so respectfully and directly made to the justice and good sense of the Congress of the United States, by the Legisla- ture of this State at its last session, would have removed all diffi- culty on this subject, and closed this unpleasant and unprofifc- able controversy. The United States can certainly have no wish to do injustice to any one of the members of the confederacy ; and Georgia on her part solemnly disclaims all intention of even a wish to obtain, either from the United States or Florida, an acre of land to which, her claim is not sanctioned by equity and justice—and her duty as well as her most earnest desire, is to cultivate the most friendly feelings towards the United States and also towards Florida, and would exceedingly regret that she shduld be reduced to the necessity of pursuing any measure that would be calcu- lated for a moment to interrupt those good feelings that now so happily subsist between them. And the committee take this oc- casion to state that they have much confidence in the liberality and justice of the Congress of the United States and the adminis- tration of the government thereof, and are from this eonsidera1- tion induced to believe that the want of time prevented the Con- gress from acting definitely upon the subject at its last session, and not from a disposition to disregard the rights of the State or leave the question still open. They are induced once more earnestly to appeal to the Legislature of the Union upon this sub- ject, and request that they, at the ensuing session of Congress* repeal or alter and amend the act passed on the fourteenth day of May, eighteen hundred and twenty-six, in relation to the run- ning and marking the said line, and make provision for and ap- point commissioners on the part of the United States, to act in conjunction with commissioners to be appointed on the part of Georgia, to trace out and plainly mark the line between Georgia and the Territory of Florida, from the junction of the Flint and Chattahoochie rivers to the true head or source of the river St. Mary's, according to the intention, letter, and spirit of the second article of the treaty of friendship, limits, and navigation between; the United States and Spain, of the twenty-seventh of October, seventeen hundred and ninety-five, without restriction as to the point or mound designated by Mr. Ellicott or any other person. The committee, for effecting the object embraced in the fore- going report, recommend the adoption of the following reso- lutions: Resolved, That Congress be earnestly requested to repeal or alter and amend the act of the 14th May, 1826, for running out and marking the line between Florida and Georgia, and make provision for and appoint commissioners on the part of the Uni- ted States, to act in conjunction with commissioners to be ap- pointed on the part of Georgia, to run and mark the said linej agreeably to 2d article of the treaty between the United States* and Spain, before referred to, as speedily as will suit the conve- nience of the United States. Resolved, That should Congress, at its ensuing session, refuse to make any provision for running the aforesaid line, in conjunc- tion with the authorities of Georgia, that his excellency the Governor be authorized and requested, as soon after the adjourn- ment of Congress, or as soon after as he shall have ascertained' that they have acted definitively upon the said case, as the same can be done with convenience, to appoint commissioners, with a competent surveyor and artist, to run and mark plainly the line aforesaid, according to the provisions contained in the second ar- licle of the said treaty between Spain and the United States, of the 27th October, 1795. And that his excellency the Governor do, in such case, inform the President of the United States the- time at which the commissioners on the part of Georgia will pro- ceed to mark the said line. Resolved, That the Governor be requested to forward a copy of this report and resolutions to our Senators and Representa- tives in Congress, to be by them laid before Cpngress early irfc 136 .ItESOLUTIONS.^182!). the ensuipg session, so that ample tirqe may be had to act upon has taken the necessary steps to quiet apprehensions of an im- the same., , • ~ portant portion of the community, and to provide for their safety. Approved, December 19th, 1829., . Resolved, further, That the Governor cause the whole number ^ i. ' of arms, <5Lc. received on account of the State, according to Col. [No. 635.] In Senate, November 28thv 1829. Bomford's statement, under date of twenty-fifth of May, eighteen . The Committee to whom was referred the petition of Mrs. hundred and twenty-nine, to be retained, and accounted for in the Ann Bostick, having duly considered the same, are of opinion next settlement on account of arms to be furnished the State her request is founded in reason and justice, and therefore re- under the act of Congress for arming the militia, commend the adoption of the following resolution : Approved, December 19th, 1829. Resolved, That his excellency the Governor cause fill proceed- ( ings stayed on a judgment which, was obtained against Ann [No. 637.] • In Senate , December 5th, 1829. Bostick in Baldwin Superior Court, August term, present year, Thejoint Committee on Agriculture and Internhl Improvement, for sixty-seven dollars one cent principal, in favour of the State, to whom was preferred the consideration of the report and ac- and 'that the said judgment be entered satisfied ; and that the compamying documents of jthe commissioners of the Ocmulgee sum of ten dollars and sixteen cents be allowed ' the said Ann river below Macon, report: Bostick, it being the sum collects^! from her over her regular tax . Th^it the'affairs of the company appeal to be much deranged ; for the year eighteen hundred and twenty-eight, and ^that the so much so, that they have been compelled to sell considerable of same be placed in the Appropriation Act. > the property engaged in the improvement of the navigation of • Approved, December 19th, 1829. the rivers, to discharge their * arrearages. S6me considerable _ a r amount appears to have been lost by the incorrect policy of buy- [No. 636.] • 1[n Senate, November 30th, 1829. ing and selling cotton, and boating, by the company; and should . The Committee, to whom was referred the petition of Jack the same causes-continue, it is highly probable that the debts that Lumpkin, asking the passage of a resolution authorizing the So- must necessarily be contracted will soon cover all the property licitor of the Northern Circuit to credit a bond given by said of the company. Lumpkin to the trustees of the University, for lot number four- A debt due from James M. Taylor is likely* to be lost through teen of Falling Creek Academy land, with such sum as would be the laches of the commissioners, amounting to twenty-three hun- reasonable for the lot of four and seven-tenth dores, which he dred dollars. The committee would not be understood to cast avers is claimed by and now in possession of a map by the name any censure upon those individuals who have been employed to> of Williamson, have had the matter under consideration, and are superintend the work on the river, .but in the mean time offer of opinion that the evidence presented sustains the fact set forth, nothing which they wish so construed as to justify the majority in said petition. They therefore recommend the adoption of the of the* commissioners in the course tfyey have pursued, following resolution : . ,*v ' ' The committee would respectfully recommend the adoption of , Resolved, That the Solicitor of the Northern Circuit be au- the foljowing resolution: thorized to credit the bond given by Jack Lumpkin for lot Uum- * Resolved^ That his excellency the Governor cause an investi- ber fourteen of Falling Creek Academy land, with the sum of gation to be had, and, if possible, a collection made, by suit or forty-five dollars. ' . otherwise, of the debt due by the estate of James M. Taylor to Approved, December J 9th, 1829. - . .. thb commissioners of the Ocmulgee river below Macon. 5 ■- Approved, December 19th, ,1829. In Senate, December. 1st, 1829. • —1 The joint Committee on Military Affairs, to'whom, was referred [No. 638.] In Senate? December 8th,1829. - certain documents accompanying the Governor's communica- Resolved, That Neal Mosek, of Fayette county, be, and he is tion, which relates to the destruction of arms by fire in the city hereby appointed a commissioner to keep open the south-west of Augusta, and the measures takeq to supply jtheir place, re- prong Of Flint river for the free passage of fish, so far as the port: * , 1 same runs through Fayette county to Ware's Mill, in the place of That it appears from the statement of Col. A. C. Caldwell, Cheedle Cochran, removed. < that there was destroyed by the fires previous to the thirtieth Approved, December 19th, 182-9. ' April last, one.hundred and twenty-three muskets and bayonets,- , seventy-three rifles, eight pair pistols, and seven swords : that in [No. 639.] , In Senate,' December 9th, 1829. consequence of their loss and of an application to the execu- Whereas, Alston H. Green, of the county of De Kalb, at the tjve, he applied to the Secretary of War for a supply of the land sales held in the town of Milledgeville, in the month of Febru-' value of five hundred muskets, to be, charged to the State and ary last, by authority of an act of the General Assembly passed accounted for in the next settlement with Georgia, for her quota on the twenty-second day of December, eighteen hundred and of arms for thp militia; and that in consequence of that appli- twenty-seven, became the purchaser of two fractions, to wit, cation to the general government, orders have been given to numbers fifteen in the first district of Walton, and three hundred the officer commanding thd United States'Arsenal at Augusta arid thirty-five in the sixteenth district of Henry county, said frac- to deliver, for the use of the State, the arms recently received tions being sold as reverted property; a!nd it having been since from the $aid arsenal. From Col. Bomford's statement it ap- ascertained that said fractions had not reverted tox the State, but pears that the arms, accoutrements, &c. which have been fur- were the prbperty of private individuals and sold through mistake; nished for the use of the State, consist of five hundred and therefore, twenty muskets complete, five hundred and twenty accoutrements Resolved, by the Senate and House of Representatives of the for ditto, complete, sixty-nine swords and sword-belts, sixteen State of Georgia, in General Assembly met, That the sum of hundred flints, and seven thousand nine hundred and twenty mus- twenty dollars and sixty cents, the amount paid for said fractions, ket ball-cartridges. The State has the. privilege of returning to be refunded to the said Alston H. out of any money not otherwise the United States such portion of the arms, accoutrements, &c. appropriated ; and that the same be placed in the Appropria- as she did not apply for. Your committee are of opinion, how- tion Act. ever, thabit would be best to retain the whole quantity furnished. Approved, December 19th, 1829. They therefore recommend the adoption of the following reso- ■ 1 lution: ' " ' [No. 640.] ' In Senate, December IDA, 1829. Resolved, by the Senate and House of Representatives of the Resolved, That his excellency the Governor be, and he is State of Georgia, in General Assembly met, That this General hereby requested to send with the laws and journals of the pre- Assembly approves of the promptitude with which the, Governor sent session twelve copies of Prince's Digest, and twelve co- RES OLUTION S.—1829. 137 pies of the Georgia Justice to the county of Coweta, six of each to De Kalb, twelve of each to Troup, six of each to Carroll, twelve of each to Merriwether, six of each to Crawford, four of each to Randolph, three of each to Hall, twelve^of each to Harris, four of each to Monroe, three of each to Glynn, four of each to Fayette, three of each to Rabun, six of each to Marion, six of each to Talbot, and two of each to Madison county, for the use of the Inferior Courts and magistrates of the several counties above-named who have no such books. Approved, December 19th, 1829. [No. 641.] In Senate, December 16th, 1829. The joint standing Committee on Banks, to whom was referred so much of the late Governor's message as related to the Central Bank of Georgia, in addition to the report already made, beg leave further to report : That your committee, being fully aware of the importance of the duty entrusted to them, and also that the manner'o'f its dis- charge might and would probably form a precedent by" which future like committees would in some measure be guided, deter- mined to spare neither time nor labour in making a full and entire investigation into the affairs of the banks, and into the manner in which they had beeri hitherto conducted. As was anticipated, the investigation* has occupied much time, and has produced a delay in rendering this report, which your committee would re- gret were they not satisfied that much future good to the institu- tion and to the State will resblt from the course they have thought proper to pursue. Your committee would, however, here re- mark, that this delay has arisen in part from a circumstance which was beyond their control,—-they allude to the fact, that as the bank is kept open for business botlumorning and afternoon, the officers of the institution were so constantly employed during thejday in the current business of the "bank, tbat your committee could not proceedin their investigations during the day, but were obliged to make them in the night-time, when the.services of the officers could be commanded. Your committee have, however, notwithstanding these difficulties, but with much labour to them- selves, been at length enabled to complete their task in the mode originally adopted, and now report for the information of the Legislature the results of their investigation. They have carefully examined the certificates of stock in other banks held by the Central Bartk as part of its capital. They have also carefully examined all the notes discounted, and found none to exceed in amount the limitation prescribed by the char- ter, except such notes as were received in lieu of debts due to the State. They have*also examined the lists of bills of exchange discounted and yet running to maturity, counted the bills of the Central Bank remaining on hand, and the bills of all other banks held by the bank, including those of the United States' Bank and its branches ; have examined the bonds, notes, and other securi- ties which were transferred by the State [to] by the bank, and remain unpaid ; and counted_the specie in the vaults ; and have found that the amount of bank stock, notes discounted, bills of exchange discounted, bills of the Central Bank on hand, bills and. notes of other banks, the bonds, notes, and other securities trans- ferred by the State and remaining unpaid, and the amount of specie corresponds precisely with the stale of the bank rendered on the tenth of December ; a copy whereof is herewith submitted, marked A. Your committee also examined in reference ta that, provision of the charter which limits the directors in their issues, and found that the issues were within the prescribed limits. They then extended their investigations to ascertain whether the di- rectors had distributed their discounts as nearly as was practicable among the several-counties of the State, in accordance with the requirements of the charter, and found that they had used their best exertions to effect this object as nearly as was practicable, and, as your committee believe, did attain it as nearly as circum- stances would permit. In doing this they were subjected to many difficulties ; they had no certain means within their reach of ascertaining the then population of the counties, a population always fluctuating and changing in a remarkable degree, and they were left in doubt by the previous Legislature as to the mode of estimating that population, for the charter had used only the word population, without designating whether it intended the representative population, or only the white population. These difficulties and embarrassments were further increased 'by the immense number of notes offered for discount on the first offering , day, they amounting in the whole to nearly nine thousand, and accompanied by thousands of certificates, all of which the di- rectors were necessarily compelled to examine and scrutinize before a selection or apportionment could be made ; and all of which was to be done by three directors between Tuesday morning and Saturday morning, the time at which, from the pressure of the applicants, and the great inconvenience to which many of them were subjected, the directors had promised to com- mence the payments. Thus hurried and pressed, mistakes could not be avoided ; and when upon a final closing of their discounts, at five o'clock, on Saturday morning, it was found that mistakes had been made which could not be rectified without a re-exami- nation of the notes and certificates, the directors concluded to allow -these ej-rors tp remain, until by an amendment of the charter and by the attainment of a more correct knowledge of the population of' the several counties, they would be enabled in future distributions to do equal justice to all. For further and more minute information on this subject, your committee beg leave to refer the Legislature to a communication made by the* president of the bank to the chairman of this committee, under date of the twelfth instant, which is herewith submitted, marked B. By the charter of the bank, the directors are required to dis- count bills of exchange, and in pursuance of this requirement they havp availed themselves of the funds which remained in the bank, including those assigned to particular counties, and not called for either in whole or in part, which would [have] otherwise remained unproductive to the State. The application of this fund in this mode, while it does no injustice to those counties which had already received their due apportionment, was pro- ductiveof great advantage to the bank, and of course to the interest of the' State, so deeply involved therein. By enabling the directors to place funds at Savannah, Augusta, and other points, which would be received in lieu of specie by those pre- senting the notes of the bank for payment, a draw of specie from the bank, otherwise unavoidable, has been prevented ; while the State has realized by this operation a profit on a fund which other- wise would have remained unproductive of one thousand eight hundred and seventy-eight dollars and'fifty-four cents. Indeed, so essential do your committee conceive this mode of discount by bills to be to the credit and safety of the bank, that they re- spectfully recommend that a portion of the funds of the bank be hereafter set apart and appropriated exclusively for this purpose. If this is pot done, the bank ta sustain its credit will soon be obliged to purchase specie at a heavy expense, or to stop pay- merit; while on the other hand specie funds by this operation may not only be obtained without cost, but in fact perhaps at a profit to the State. Nor will the counties which have not called for their apportionment be deprived of their rights by this use of the funds, for as the discounts run only sixty days, the fund can always be restored when it may be wanted. Before concluding this branch of their inquiry, your committee would remark that, while it was found impracticable to distribute the discounts of bills among the counties as provided for in the case of notes dis- counted, the directors have strictly adhered to the limitation of two thousand five hundred dollars, by discounting no bill of ex- change beyond that amount. Your committee have also deemed it to be their duty further to inquire into the specie operations of the bank, and find that no specie has been drawn on any occasion from the bank, except in the ordinary transactions of the till, where the drafts have been small, except in a single instance of a draft of two thousand dol- lars by an individual going out of the State; and that conse- quently the original amount of specie in the bank has been diminished but little. The specie funds of the bank, as contra- 138 ' RESOLUTIONS.—1828. distinguished from specie have beeh considerably diminished by which presents Itself to jyour committee. They, therefore, have calls or demands from the State banks, the Marine and Fire In- thought inexpedient to offer the following resolution : su,ranee Bank, and individuals^ Augusta. These demands the Resolved, That his excellency the Govennor be'authorized (if parties had a right to make, and a compliance with which could in his discretion it be deemed necessary) to appoint one or more not be refused, without material injury to the credit pf the insti- fit and proper persons to digest and-arrange a system for the free tution. Andiiere your Committee would take occasion to remark schools of Georgia, to be submitted to( the consideration of the that "when the Central Bank .commenced its operations, it had a next Legislature ; and that the Governor, together with the person large amount of paper of other banks of this State in its vaults^, or persons SO appointed, be instructed to correspond With such a portion *of which it became, necessary to convert into' specie, distinguished and intelligenVpersons m„any part of the world as and for the whole of which they could have, demanded payment they may ddein necessary, to afford practical information on this in specie V-but tha£ the directors of the Central Bank, with a just very interesting subject; and prudent regard to the interest of the State, "and aware tha't, Approved, December 19th, 1829. the State was a large stockholder in several of those- banks*de- . ' '• ' ■ J f • f '> 1 > termined not to create an ,unnecessary and injurious pressure upon [No: 644,] , In Senate, December.16 'tH, 1829. those banks, and -therefore limited.tlieir demand for spbcie to only Resolved, That the bar of the lobby be rertjoyed,' for the pur- such an amount as they believed could be spared "by the banks pose of extending the.Seriate chamber to the fire-places situated 'without, inconvenience. In pursuance of this just and liberal in the northern part of, the chaqiber, and that the gateway lqad- policy a circular was addressed to. the president of the several ipg into the Senate" chamber be removed and placed between the "hanks, a copy, of which is herewith submitted, marked ,C, anA;the chimpeys, "as ih the House of Representatives; .and that the requirements of which were mef in the ^saihe liberal spirit in Governor pay for the .same out of the contingent fund, *• • • almost every instance. - '* Approved,' December. 19th, 1829. \ ' Your committee beg leave, to add,'that the CehtralLJ3ank is in , " " " .V rV~—^ , a safe .and wholesome condition j that orf the tenth vday of De*,. [No. 645:] / ~ ,In Senate, December 17jA, 18297 cetnber, instanf, it had in circulation only .two hundrted and, sixty- Whereas, it appears by the report • - " " election may, by-the extraordinary excitement produced* be" in- .Now, while your committee believe-that great evils have re- juriousin its effects not only to the morals of. .the^ people, but-'to * suited, arid that greater may grow-out of this mode of making a' the legislation of the nationyarid "may eventually, endanger-the. final selection of a President from .among the candidates by the union of the States. On the other band, the restriction to'- one House of Representatives, yet as by this provision the small States term of office, and the • extension of that term, may, Awhile have an equal voice with the large States, under the circumstances -it does not insure the correction of existing evils^produce others named, in the election-'.of President,-it would be in the opinion of ^o£ equal, arid perhaps of greater magnitude ; and- may, while it your committee impolitic in those States to relinquish that pfivi--. attempts to prevent corrupt practices tVseeure,a re-election, ex- lege in any amendment .which may be made to the-constitution, elude the strong inducement to a.faithful discharge of duty,, unless in that amendment there be a provision securing to the which is presented by. the prospect of a re-election. That the small States, in the new mode of final, decision which may be frequent recurrence of the electiqn4|^c"afcuiated and does pro- adopted, an equal weight with the larger States. By the pro- duce a frequent recurrence of greaVand perhaps dangerous ex-" posed amendment of the Legislature of Missouri such an equiva- citement'cannot be denied ; but your comrriittee doubt, by the lent is neither suggested or insisted upon, and therefore on that proposed amendment, although that excitement would not so fre- account deem it inexpedient to recommend a concurrence, quently occur, whether, when it did occur, it would riot be greater While, Jiowever, your comroitteexleem it inexpedient to concur, in proportion to the increased magnitude of. the, object to be ob- for the reasons mentioned, yet they would not be understood to tained, by: the necessary postponement of the period a,t which dissent.from the main principle contained in,the resolution, that a disappointed minority ..imay hope to elevate themselves into the election of President and Vice-President ought to be made by "power; and a disappointed candidate look to the gratification of the people,-without the .intervention Of electors ;. for such an his ambition. Independently, however; of tffeijp considerations, alteration in. the mode of election your committee would approve, your committee would suggest that the frequent recurrence of of, provided if? can be so regulated that the sovereignty of the elections secures to the people a.powerful control oyer the pub- States be not invaded, and the-weight of the States and' the present lie servants—that it enables them to remove, without an incon- basis of representative population be retained according to the venient or perhaps dangerous delay, a servant who misuses or existing provisions.* If an amendment to Vest the election di- . abuses hiairust, while a greater duration of office would post- rectly in thepeople, wjth these guards to the rights of the States pone this all-powerful corrective to a distant day, and compel the generally, and . the slave-holding States-in particular, can be nation to submit in quiet to unqualified or evil rulers, or resort to framed, your committee would readily concur in. recommending the remedy of frequent impeachment—a remedy which would, its adoption; for your committee cannot overlook the fact, that in all probability, produce more dangerous excitement than any by the intervention of electors the votes of a State may be given resulting from the most contested election. . - in a direction not willed by a majority of the people—that with _ For the reasons, then, that it is impolitic in the slave-holding all the guards so carefully thrown around the electoral college by States to amend the constitution, unless the evil be great and the the constitution to shield it against corruption, still, as the result of RESOLUTIONS.—1829. ' 141 the election of electors can in many cases be anticipated long result of their speculations. Small bodies acting in concert, with before that election, these electors may go corrupted into the col- plans judiciously arranged for the attainment of the object de- lege, and the will of the people in the choice of their chief ma- sired, are more to be feared and cautiously watched than large gistrate be defeated. That great evils have and may again be assemblies who are not actuated by one impulse or influenced by produced by the mode of election now existing, your committee one sentiment; and no motive acts more powerfully or binds believe that few persons in the South will doubt. We have wit- more closely than that of self-interest: it is aided in its operations nessed the extraordinary fact, that an individual has been elevated by avarice and intrigue, by cunning and falsehood, and future to the chief magistracy not only against the will of a majority of consequences are disregarded if success is attendant upon its the people but agarnst the will of a majority of the States, and we efforts. That those for whom the tariff was enacted are a mi- have felt and experienced the mischiefs resulting from that ele- nority, that they act with a union of design, and have but one vation ; and if a change can be made by which such an occur- spirit, is not a matter of speculation, but of fact. To counteract rence can again be prevented, without at the same time affecting and defeat their operations is to be effected by pursuing an open the rights now secured to the smaller States, such change ought' and decisive opposition, which is supported by the best interest to be made. Your committee, however, would here remark, that of our country and every sentiment of honourable and correct the election above referred to did not result froms the principle of feeling. That this opposition should be tempered with mildness giving to each State an equal vote, but from the mode in which and calmness is necessary, so that those who are supporters of- the constitution prescribed that it should be exercised, by which the tariff may be convinced that it is the opposition of judg- the representatives of at least one State were enabled to elect the ment, of reason, and of patriotism, and'not of passion. That it President contrary to the will of a majority of their constituents, is an opposition which has for its end the preservation of the con- While, therefore, your committee would retain the principle, they, stitution, the harmony of the Union, and the.safety and security would recommend a change in the mode of its exercise, if prac- of our institutions. That it is one which will not cease, although ticable. ..." for a time it may be unsuccessful ; and that it will rise with renor With these views your committee would recommend the adop- vated strength from every defeat, so that finally it will unite not tion of the following resolutions : only the sympathies, but the action and concert of those who Resolved, That the General Assembly of the State of Georgia are situated even amid the monopolists, but are not actuated by does not concur with the General Assembly of.the State of Lo.u- "their avaricious and grasping spirit. To enter into an investiga- isiana in the proposals to amend the constitution of the United' tion-of the principles upon which the tariff" was imposed would States, so as to extend the term of office of the President and be to travel over a wider range of discussion than your com.- Vice-President to six years, and to render the President ine- mittee contemplate ; and to account for the motives which pro- ligible. ' duced the importunate petitions tq Congress on the subject Resolved, That the General Assembly of the State of Georgia would only be to analyze combinations which were formed fiom does concur with the .General Assembly pf the State ofJVIisspuri impure motives, and moved to action from interested and selfish in.tbe proposal to amend the constitution of the United States, sq principles. The frequent and reiterated accusations made against - as to provide a uniform mode of electing the President and Vice- the Southern States are only in accordance with the plan of pro.- President throughout the United States, and to'give to the people scription which the manufacturers, would carry into effect against of the_ United States the privilege of voting directly for the Pre- alhwhd denounce their system, and support their denunciations by sident and Vice-President* without the intervention of electors; an appeal to facts irresistible and conclusive as any postulate of the Provided, suqh alteration can be so made that the sovereignty of mathematician. It has been said, and truly said, we chnnotcom- the States be not invaded, and the.weight of the States and the pete with the manufacturers of England, and that the "American present* basis "of representation be retained according to tiie ex- System," a term which was adopted to mislead and confound, and isting provisions of the constitution. * given for the attainments of political objects and office, would, in its And be it further resolved, That in the opinion of this Ge- -prosecution, compel its sponsors to resort to all those petty, arts neral Assembly it would be desirable that the constitution of which with honest men produce disgust, and bring defeat and dis- the United States should be so amended as that the election 6f grace upon even practical 'and beneficial measures when .thus President and Vice-President should in no case whatever be sub- supported. The dense and idle population of old and corrupt mitted to the decision of the House of Representatives of the governments require resort to ingenuity to employ their-surplus United States Provided, that in so amending the said constitu- population. A young and vigorous country, with its energies tion provision be made for securing to* the States an equal vote active and its resources unbounded, needs not the exercise of on such decision in the last resort. legislation to direct its labour, its skill, or its ingenuity. With And be it further resolved, That a copy of the above resolu- its geographical limits extensive and unexplored, " the march of tions be forwarded to each of our senators and representatives in mind," left free, finds in its progress the attainment of its desires," Congress ; and that the executive of this State be requested to which in older arid narrow boundaries would seem mere visions forward a'copy of the foregoing resolutions to the executive'of of imagination or Utopian dreams, sketched by the pencil of the each State, with a request that they be laid before their respective philosopher, or the ideal picture of poetic fancy. The wilds which Legislatures. ■ .American perseverance has penetrated and rendered the smiling Approved, December 19th, 1829. . ' and fruitful abode of elegance, of ease, and of refinement, evince ' that the spirit which would subdue such difficulties craves not the [No. 653.1 IN Senate, December 11th, 1829. fostering power of legislative patronage to erect vast manufac- The joint Committee on the state of the Republic, to whom turing establishments to pamper overgrown wealth, or nurture was referred so much of the Governor's message as relates to inordinate avarice. The manufacturers of America enter the field the tariff and the resolutions of the State of Mississippi and of competition under the most unfavourable auspices when con- Louisiana', respectfully report: trasted with those of Great Britain ; and this arises not from the That the subject referred has lost none of the'interest attached constitutional and fair opposition which their spirit has provoked, to it, and the importance in relation to the prosperity of. the but from the very fact that they are kept in operation alone by Southern States increases as time developes its-effects upon those' legislative enactments, while the manufacturers of Great Britain Sections of the Union which opposed and those which supported have large capitals, the whole of which are employed in their fac- the measure' the evils of which were anticipated and have been felt, tories ; and the machinery has been rendered perfect by time, ex- the benefits of which were predicted and have not been realized, perience, practice, and all the science which human ingenuity The advocates of the system so partial and exclusive are untiring has for centuries brought to their aid. The subdivision of labour in their industry, and their ardour increases in proportion to the increases the beauty, durability, and perfection of the raw mate- • fallacy of their predictions and the unfortunate and disastrous rial when manufactured, and gives employment to their surplus 142. ' RESOLUTIONS.—1829. • . ' ' r population. In ti young country like the United States, fortunes co-operation in obtaining ,a total repeal of the Tariff Act. of have been rnade and capital created by the industry of individual 1828. ^ exertion, and has not descended, increasing and applied to one ob- *' Approved, December * 19th, 1829. ^ . * •ject for centuries, as is the fact in the old and settled kingdom of • ' , —7—- ' ' Great Britain. Labour, too,"is cheaper there ; for here, with cx- '[^o/654.] • •. In Senate, December 18/A, 1829. tensive and fertile lands inviting to agriculture, the hardy and in- . . Resolved, That his excellency the Governor-be, and he is dustrious son leaves the spot of his nativity, and supported by hereby requested to send with the laws and journals of the pre- his adventurous, spirit,.is found amid forests which were Adeemed sent session-of the, legislature four books, titled the'Military impenetrable, and in a short time the rudeness of natuj^ gives Guide,to the county of Coweta"*; two tp Crawford county; two place-.tothe beauties of art and yields' tp the industry ,of man. to Randolph county; -four to the county of Marion ; two to Irwin Unlike othercouritries where vast domains are in the possession county ; onte to Lincpln. county ; 'four to the county>.of Troup ; of a few lordly landholders, here each citizen can* acquire more Tour to the.coynty of Merriwether ; and one to Habersham county, soil than he can cultivate, and may exercise his art or his science *for the use of the militia, officers of the respectivexounties. in making it productive and profitable.'., B.utjii w.p'uld.be unne-p Approved, December 21st, 1829. cessary exhaustion of time to -rqason on"the .disadvantages, the - . , •disastrous consequences, and the baneful"effects produced from {No.6.55:j * - -In Senate, December XZth, 1829. the tariff. To pile reasons upon reasonsy,'to "add arguments "-^The Committee to^whonr wasreferred the petition of Augustin to arguments, would nof convince those to whom'they are ad-y Harris, report- " ' .; '*• \ . ,v dressed : the manufacturer of woollens, of cotton,* of. irqn, 4hd , That they haye duly' p.dnsidered.the same, and .entertain' the of hemp would turn a deaf 'ear to every suggestion.' of wisdom*' Opinion thatrthevrequest o&the petitioner is founded in reason and though it carried uppn it the. impress of patriotism,* nay,^t»f-di- . justice, land therefore recommendthe following resolution : vinity itself; their sole, their only .answer ,tb - arguments^ Will , "Resolved, Thafr'fris excellency, the Governor-be, and; he is it be to our interest,-will, it add to our wealth, wilL.it conduce to "hereby authorized an<[ requested to have all proceedings against our power to repeal a law represented- so odious in its features, Augustin Harris, esq. on ;bbnds/given;by ^aid Augustin.to the calamitous in its effects, oppressive iri its operati^s, blighting. State commissioners for the town pf Milledgeville, for the purr, and destroying like a moral siroc the labours of the agriculturist.?; xhase of lot No.. 3,Jn "square $6,. in .said7 town;-suspended, and If the sympathies which should bind the people of this 'Umotftdr That he cause the-s'aid bonds to be cancelled* ■ - • • - gether are invoked, we are accused of maintaining doctrines dan- Approved; December 19th^ 3 829. ,, . * .. gerous to its-existence, and propagating opinions treasonable .and ' '"* - • 1 'i *. 'J disorganizing. No course can be pursued but w,ill bp,mist^p're-[No...§.56;*|*1®. December ljth, i829. .' senfed; no measure adopted but. will be distorted *,Jnit we are v The joint Committee op Agriculture and lnternal Improvement, bound by every principle of self-preservation to persisi irf an-.op- to/whom was re%red thp;letter! of the commissioners of the Oc-' position to. a system calculated to reduce, the'Southern States to ' mulgee ', river navigation above* Macon, addressed" to .the late'- avillanage more odious, fhan the colonial bondage .under which Governor in .-.answer, to-the circular of his excellency, likewise "they once" groaned, A system-which imposes taxes upon' every, the report ©f -sajd commissipner^'addreSsed to the General *A»- article we consume, and. every.product we grow, the eitent and sembly,liaving had the same under, their consideration, ask leave duration of which is as unlimited asVthe desires ,and the avarice respectfully to report.:'' -V. *' ;*-* "of those for whose benefit it was enacted, is fostered and sustained. ■"•*. That the twp^reportsxf the commissioners taken together af- . Your Committee feel confident that a meelt-spirit of submission,. fords the. information required by the circular of the Governor,, silent apdacquiescent, would receive the unqualified approbation in a manner satisfactory to your committee. The commissioners " ofthe.monopolist* and^he praises ofthe.timid, tjhe weak* and thjg inform »s that after purchasing the, negroes* they had remaining, wavering ; but it would only strengthen more firmly therinroade'.m their hands the sum of .$2-,'532 25\cents, upon which they had of .power, and rivet more closely^the, chains „which gall " and drawn, up to the. 18th September^^46 61£.cents ; and since that fretjus.- They would respectfully recommend a. firm aqd steady time, up to the 2d November,they hadexpended $360 31 cents, resistance to the tariff, and an. adherence |b .the !'solemn'.p,ledge making the aggregate amount-of expenditure up to, that time Xyhicb we have given to resist, by all constitutional, meanS^this $1,106 92£ cents, which leaves in their hands the Sum of$l;425 "unhallowed infringement. of pur rights; assuring'to our. sister 32| cents unexpended. -. * . States who are opposed to' the pleasure '.that wb *wijl "give free We learn from their reports that the "Company has fourteen and warm c'o-operation to every plan which ensures, not.the modi- negroes belonging to the State; twelve_*of whom. they have. . fication, but^a total repeal of the protecting system.* YouctCom- hired out until the first of May next,1 pne is incapacitated from "mittee therefore, recommend the adoption xf the. following-reso-- disease to labour, and is placed under the care .of a physician, lution : - * -. r • - . - . .. - ■ • ■ and.the other one has run away.*/The balance of the property • ^ Whereas, theTariff Act of 1828 rs partial and onerous in'its belonging - to the State consists of jioajs, and other machinery effects," operating as a tax upon ©he 'section, of the Union for the necessary for their operations on the river, benefit and promotion of the other, impoverishing and rendering ' . The commissioners state that-the past season has been a very unproductive the industry,of those wbo do not seek legislative, unfavourable one "for working on the river, in consequence of aid, and destroying gradually and perceptibly those sympathies high water, durirtg a great part of the summer; the work has „ which haye united the remotest extremities of our country, ren- likewise been retarded from. sickness) and the death of two of derirtg her respectable" in peace $nd formidable dp War ; and the Negroes ; one of the hands, being cotivicted of the crime of whereas, the State of.'Georgiq. is anxious that-her.'rights should burglary, \ya,s cropped and .branded, and is at present run away, not be yielded, or her assent given to any act dangerous to the An .account !presented against the commissioners by Major Tho- • harmony of the whole for the advantages:"of The few,,which is mas..Campbell^ of $50, for attending Ao the negro's case when * uncalled for by the situation of the country, our foreign or- do- tried*for his life, they have refused-to pay, pn'the ground of the mestic relations, destructive, of that mutual interchange of feel- charge being extravagantly, high, unless the Legislature, will ing between foreign countries and our own, annihilating our com- sanction the payment. Your committee tyould recommend the inerce, diminishing our revenue, and destroying "the value"of our payment of the account father than suffer a lawrsuit. agricultural products, and making this most fertile portion of the The,commissioners,express a confident belief in the suscep- Union as unproductive as a barren waste; tibility of the river to be improved; and state, that shoals on therefore resolved by the State of Georgia, in General which they have "wrought may be passed by boats with facility Assembly met, That our Senators be instructed and our Repre- in ordinary water. sentatives requested to use their best efforts and their warmest Approved, December! 9th, 1829. • RESOLUTIONS—1829. 143 [No. 657.] jN SENATE, December 21st, 1829. Resolved, That his excellency the Governor be, and he is hereby requested to correspond -with the military store-keeper at Savannah, with regard to the quantity of military stores on hand at that point, and theft condition. Approved, December 21st, 1829. [No. 658.] In Senate, December 19th, 1829. The joint Military Committee beg leave to make their final report of the several matters which haVe, been referred to them during the present session. 1st. A resolution from the Senate, requiring to be informed by what authority the judge of the Eastern Circuit has exempted the civil officers from doing militia duty. Your committee have carefully examined into the subject, and are informed that a decision to the effect that certain., civil offi- cers were exempt from militia duty was made several years ago in that district; and that they believe, that since that decision' , certain civil officers have been considered as exempt. Your committee can find1 no act of. the Legislature- that authorizes such an exemption, nor are your committee aware On what grounds such decision was made ; yet your comrpittee are of opinion that it would be equitable and just that the justices of .the Inferior Court and justices of the peace should be exempt y hut as your committee are of opinion that a general revisal of the militia law is advisable, but not practicable in .the advanced stage of the session, your committee therefore forbear any fur- ther opinion-upon the subject: 2d. Your committee have carefully examined the arms and munitions of war deposited in the arsenal and magazine at this place, arid are of the opinion, that the officer of that department has faithfully discharged his duty. But your committee are sorry to say, that they find some arms, both rifles and muskets, that have been just returned from Columbus, and some by volunteer companies, the greater part of which are in very bad order. Your committee therefore recommend the following resolution : Resolved, That the keeper of the arsenalbe,- and he is hereby directed to have cleaned and placed, a'way in. good boxes the above arms. And be it further resolved, That his excellency the Governor be, and he is hereby requested -to .pay. for the same, out of the contingent fund, such sum as he may deem competent for the same. And be it further resolved, That your committee are of the opinion that it is. impolitic for the public arms of the State to be let out to the different volunteer companies, unless it is in parti- cular cases of emergencies, as they are frequently destroyed or returned unfit for service. Your committee are 'sorry to state, from the information re- ceived from the different sections of the State, that the militia system has become nearly nominal. Your co\nmittee are of opinion, that this decline originates more from the inattention of general officers, than from the subalterns, or the deficiencies of the present militia system. Your committee therefore recommend the following resolu- tion : Resolved, by the Senate and House of Representatives of Georgia, in General Assembly met, That all general, field, and company officers of the militia be, and they are hereby directed and required to give due and strict attention and attendance to their respective commands, and notice all delinquencies, and treat them agreeable to the directions of the militia law in such caSes. And be it further resolved, That his excellency the Governor be, and he is hereby requested to transmit to each of the general and field officers of the State a copy of this resolution. And be it further resolved by the Senate and House of Repre- sentatives, That it shall be the duty of the keepers of the ar- senal at Savannah, Augusta, and Milledgeville, on or before the first Mohday in November, annually, to make out a complete schedule of jail arms and munitions of war that may be deposited in the arsenal or magazine that they may respectively have charge of, and transmit the same to his excellency the Governor; whose duty it shall be to lay copies of the same before the Legislature as soon thereafter as may be practicable. And be it further resolved, That his excellency the Governor be, and he is hereby directed to transmit a copy of the above resolution to the respective keepers as above stated. Approved, December 21st, 1829t [No. 659.] In Senate, December 21 st, 1829. Resolved, by the Senate and House of Representatives of the fState of Georgia, in General Assembly met, That the commis- sioners appointed to lay out and mark a large market-road from Decatur, in De Kalb county, to the town of Columbus, and the surveyors employed by them be entitled to have and receive for their services on said road, the sum of three dollars each per day, for the time they or each of them were engaged in said service ; the. commissioners to be paid by the Inferior Courts out of the county funds of the county in which they reside respectively, provided they shall think fit to do %so ; and the surveyors to be paid out of the county funds of the counties of Muscogee, Har- ris, Merriwether, Fayette, and De Kalb, each paying one-fifth of said sum, provided 'the Inferior'' Courts of said counties shall think fit'tcrdo so ; and it shall be the duty of the Inferior Court of said counties to draw orders on their respective county treasur- ers, for the immediate payment of said commissioners and sur- veyor, out of any money in the hands of said treasurers not other- wise appropriated. Approved, December 21st, 1829. RESOLUTIONS WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES, 1829. [No. 660.] House of Representatives, remainunpaid; And w/ierais, the present trustee, under his construe- Saturday, November 1th, .1829. tion of the act of eighteen hundred and twenty-eight, refuses to dis- Whereas the Trustees of the Poor-school Fund for the county charge the same -and itbeing just and right that they should be paid; of Jo s appointed by the act of eighteen hundred and twenty- Be it therefore resolved, That the Trustee of the Poor-school seven^ailed to accept the appointment, whereby the accounts of Fund of Jones county'be, and he is hereby authorized and di- teachers of poor children for the years eighteen hundred and rected to pay off and discharge the accounts of the teachers of twenty seven and eighteen hundred and twenty-eight in said county poor children of said county, for the years eighteen hundred and 144 RESOLUTIONS.—1829. , twenty-seven and eighteen hundred and twenty-eight, out of any ville, and such other persons as might wish to offer for the printing moneys in his hands belonging to said fund 5 Provided, such ac- of the State for the present session-r-have received and accepted of Counts shall be authenticated in the . manner hereinafter pointed Messrs. Burrittand Polhill, the job printing on the following terms, .out. ' viz.: for each pamphlet containing more sheets than one, for each , And be it further resolved, That to entitle any teacher of poor sheet of eight octavo pages, five cents';' for each job, or pamphlet, children in said county, for .the years aforesaid, to the settlement- making one sheet orjess, tent cents* per sheet-; less than half a • of his account therefor, he shall swear to ,the correctness and sheet .to be calculated as a half sheet; figure work dpuble those justness of the same, and shall also obtain a certificate of an act- rhtes. - - "* * . ■ • . ing 'magistrate, or affidavit of a respectable freeholder of said The committee accept of the proposals of Messrs. Camak and county, stating that he ^acquainted with the. situation of such Ragland to print the-Xaws-and Journals on the following terms, child or children, and that he* she, or they are entitled to the be- viz. f the Laws to be printed, bound, and delivered as they were .nefits and provisions of the acts creating and distributing the Jbr the session of eighteen-hundred and twenty-eight^ charged at Poor-school Fund, and that the account of said teacher is reason^. the rate of tope: and a half cents per sheet of eight octavo pages ; able and just. * • '• V thejournals to be According to the Journals"of the last session, Approved, November $. 1st, 1829. . ^ ' v "■ ■ / price, one apd a half«cents.per sheet of eight octayo pages-, and • " t . ——-—•. ... ' • delivered.asheretofore/.;., \ ^• - [No. .661.] - . . - House op Representatives, . The above contracts, were accepted by the committee ©n the 1 Friday, November 6th, 1829. . . "par'Uof the Legislature, and bond.'and security for-their faithful Resolved, by the Senate and House of Representatives of, the performance are tendered by the applicants respectively. State of, Georgia, in General AssemblyKmet^and"it,is 'hereby Approved-, ^November 28th, 1829. ' resolved by -the authority ofthe samti, That,.David /Jameson," . . .:* •/: \ -* _ • . /James M. 'Kelly, John M. Moore, Ilichard ^mith, ■ and JVTar-. [No,. 666.],House of Representatives, ' .. tin Jenkins be, and they are hereby apppinted commissioners of ^ .- /•*< », - ' Friday ?November 21sf, .1829. the Houston County Academy. : - •" ^ . - -• Resolved!; That his excellency uhe-Governor be, and.he, is. Approved, November 16th,-182.9. -■ , ■ - - hereby authorized to causef tbe fence, around the State-house - — .; . ' • - v S- square to te extended,."in order to/enclose the three churches on ♦[No. 662.] . . House of Representatives, , - said square:; also/to tot a lining fioard inside of the gallery in ..... , ' Monday, November 9th, 18.2,9.-therRepresentativef.Cliainber^ to extend half-^ay up, the banr Resolved,'by the Senate and House of Representatives of the nigters; and to pay/or the same out of the contingent fund. State of Georgia, in General Assembly met, That his ;exceliency Approved/November 2lst,1p2ff. , ; the Governor be, and%he is hereby authorized arid required to/or- '/■ ' i • - -T ^ :der'forthwith a suspension of selling and of. hiring out* any of [No. v667.], . House op0 Representatives, .the public hands belonging,to this State, now under the control ; : Monday, November'\§th,l 829. of commissioners for the improvement of the navigable fivers and . • Resolved^ by the Senate and House of Representatives, of the watercourses thereof, and partipularly-tbose for the improvement -State of Georgia, in General Assembly met, That his excellency of tbe.Ocrnulgee below Macon, till further orders fromfhe exe- the G<)yernor_be, and he is hereby, requested today before this cutive department,- . > - .; ' - . branch of the^Legislature any information or correspondence Approved, Noyembe'r lltb, 1.829.- . ^ . - /■"' between the executive ,authorities of this State and the Govern-' • * . iT \ V .C .'ment of the , United " States, or any of-the departments'of "the .[No. 663.] House of Representatives, . .sauie, Relative: to the. disposition of-the plantations or improvd-., t . - - • - . Mondayf November 9th* -1829.: - ments which have been purchased, by an officer appointed by the •, Resolved, That his excellency/the Governor be/and fie is hereby United States for that purpose, of those Indiaiis that were residing tniihorized and required to appoint one or more commissioners on the unloCated territory"ole.^this State,'and have now signified to proceed forthwith to the Cherokee. nation, imder the fiistruc- their intention of removing with many that.have removed beyond tions of the Governor, to take the testimony ^Indians-and other the Mississippi. ' ~ • *1 ;. . ^ • -persons touching the disputed- line between the Cherokee and And be it further resolved, That if. there has been no} corres- Creek: Indians ; and that they be paid out of the contingent fund." pondence or information received on the subject referred to in the ' Approved, November 11 thfl 829. ' 1 - foregoing resolution betvveen .the" executive authorities of this • ". , ■ o--' State and the Government of.the United States,-that then his ex-• [No. 664.] House op Representatives', - cellency the Governor be, and he is- hereby requested to adopt . . . . Mohday,-November Qtfi, 1829. such measures as he may deem.expedient to obtain from the - Resolved, That John Bailey, Willis, Lang, ancf'Nobla A<, Har- proper departments of the government of the United States such den, of the county of Camden, Pliny Sheffield, VVilfiarn Clements, information relative to the disposition of .the improvements or and Jesse Lewis, of.the county of Wayne, and James- Jones, -plantations thus-purchased and abandoned, and lay the same sen., James Jones, jun,,-,and*.William Smith, "of the county-of b'gfore-the Legislature during the present session. - ' v Ware, be, and they are appointed commissioners for the Great . Approved, November 21sf, 1829." ' Saintella river, as high up as the place at which Blacksfiear's road ' ' . \ : ;—'T-" crosses said river, and that they, report* to f the next General -As- .[No/668.] ' • . •. /House of Representatives, -sembly the dbnfiition of said river, what, obstructions exist therein, ". - Saturday, November 21st, 1829. and whether it is practicable tovmake said river navigable to said *. The Committee to whom was referred the petition of Turner point, and what will be the probable expense of removing the H. Tripp,'claiming compensation for services rendered by him to obstructions existing in said river ; Provided,- said commissioners the- State. ; shall not be entitled'to compensation foil their services from this .- Whereat,-itAppears by a certificate from-the judge of the State. ' ". .. ^ Western Circuit that a suit was progressing against the securities Approved, December 18th, 1829. • , : of the Unipoy Turnpike Company in the Superior Court of Ha- . ' . ' —— • .. - • bersham county ; and.it further appears by the documents accom- [No. 665.] . ' House of Representatives, panying said petition that the sum of -three thousand six hundred • . ' Wednesday, November 1 Uh, 1829. and sixty dollars, claimed by the State, has been settled with the The joint Committee on Printing report: /- directors of the Central Bank; they therefore respectfully submit That in conformity with the duties they were appointed to per- the following resolution : • / orm, they issued proposals to the several printers of Milledge* Resolved, That the sum of ninety dollars be, and the same is RESOLUTIONS.—1829. .145 hereby appropriated for the use of the said Turner H. Tripp, and that the same be placed in the appropriation law* Approved, December 4th, 1829. [No. 669.] House of Representatives, Saturday, November 21 st, 1829. The Committee on Agriculture and Internal Improvement, to whom was referred the annual report of the commissioners of the Chattahoochie river, above the Coweta falls, have had the same under their consideration, and ask leave to make the following report, viz-. : First, the report is informal, and does not comply with the re- quisitions of the circular of the executive, because it gives no account of the-money on hand ; it is informal and unsatisfactory, because there the religious public are beginning to use their exertions to prq- [No. 686.] House of Representatives, mote emigration to the delightful region, beyond the Mississippi; / Saturday, December i2th, 1829. for however the sofi of-the forest may- be entitled to the rights of The Committee to whom was referred the report.of the Comp- humanity, and however the States, may be disposed to 'avoid coI-5 troller peneral 911 "the/subject of the proceedings had against lision with the general government in relation to Indian aftairs, "Thomas Hughes aqd his securities, a defaulting tax collector of & dependent situation within the States is attended «with evils too Jackson county for the. year 1813, have had the same under con- obvious and too serious to be overlooked. Ti|ese evils to the sideraiion, and find from said^report, that an execution issued on Indians might .be greatly enhanced by the.manner of exercising' the"2d day of Dpcember,'i8l4, in-favour of the State, against the power, entering into the composition of sovereignty, of buying said Hughes for $69 52^ cents, whiph amount was collected by offior otherwise removing,..it^e perrpissive occupancy of the ter- the sherjtfpf Jacksph county,- and paid over by' him to Thomas ritory claimed by them : for although ,the President of the United W. Cobb, the then Solicitor General, and satisfaction entered on- States has°given a guarantee of this occupancy, it i^'noj; perceived: • said execution, a&appe'ars "by-the affidavit of Allen Matthews and that this guarantee rests on any. valid foundation; .and it/m?y; William Potts, the'SheriffC. And it further appears, that on the therefore be-presumed that 'it will ultimately be withdrawn,- 30th day of,January lastva second execution issued against said when, the President shall have reviewed the whole ground; in- Hughes1 and his ,securities for $74 66 cents,which money was eluding the exposition.'of Indian titles" made by an' authorized .■pakhoVer ny Judge Cobb.in August last; they therefore offej- the agent" with the .apparent sanction of a late administration of the-TollQwing respIhtion : ^ „ w. - gene/al government. ' . - . - * v: * ^Resolved,.That-the.Comptroller General .be, and he is hereby fri view of the premises, fhe committee recommend ,the-adop- required to enter upUull satisfaction-inT&vour of Thomas Hughes- tion of the following resolution,1 viz.:.-. ~ ; ;Aand*his securities, a§ defaulting tax collector of Jackson county Resolved, by the Senate and Hayse'of. Representatives.-of the fpr/.the year 18.13 ; and that he call in said exeputions, and'cause State^of Georgia, inKGeneral Assembly rfiey, That they approve Satisfaction to be entered',thereon.arccordingly^ k * th^plicy'of ttie gener'al-goyernmUnt tovvands t.he^Indians, safiiri. yApproved,'Decembef 181^:182.9.. . : . as it is calculated tq inducethem to; remove beyond the'-ope-' r ■ *; ration of those causes-which evideptly. fend to retard their liu-; [No-. 687.];' ' House of Repkesen'Fatives, ' provement, and tq extend ,to them} in a favourable position, «the- T'-- ; v * Monday, December] \$thr 1829/ fostering protection a.ndassistance of the country. ' vv'"f.y r .Resolved,, T,hat the Senators and'Representatives of this Ge- •Resolved, That copies of -this^report and resolution, b.e trans-;/toeral Assembly s'hafl' each" receive £ copy 'of tlie laws and journals mitted to the .President of. the United States, and to' the cle'iega- of khe present session, when printed; and that'copies be-delk tion.in Congress from this State. . ^ • \ vered them accordingLy"by-lhe proper officers* of their respective Approved, December. 18th, 1829. . v •• V,..counties. ^ .. - - y" - • , . : . ' '. ' r v• . Apprbved, December 18thy-1829. f [NoC 6"84.] .House of"^.Represetvtatives,. * ' . ' ■ ':; ' -' 1 "-v • : - ,• - v-;.' - -jj, " • Sa&urjdqy, December \lth,<13'29. ' [No. 688.-] .< ^ . ".House o'f Representatives, •; The'Co'mmittee to which was referred the petition of Benjamin .'■ . - - y 'y Saturday, December 12*A,1829. < F. Hardeman, Solicitor,General of theNorthern CircipVhaVe had . The Committee'to Whom-was referred the petition of M.urtha the-same"under Consideration; and &re of opinion that the? prayer'. Griffin of, Wilkes county,, praying to'be relieved of a tax about . qf the petitioner is reasonable .and just, afid ought to be .granted.,; to be enforced ugainst. him, have had the' saffie under cons'idera-* They therefore-"offer the followingfesolfltion-;' \ . !; -tion, together.with fhe ,evidence," and' are of opinion*that,the* r .Resolved, by the Senate and'House of Representatives of the .prayer>of your petitibiier is reasonable and founded in justice,"and[ State of Georgia, in jGenera^^ssemblyniet,'.That the sum of one tfibrefore ought; fW be. granted, said-tax, having-heen illegally"as- hundred and fifty-seven dollars be^ariowqd -to the.said Benjamin sessed, as it satisfactorily appears .that he-iVas not the rightful F." Hardeman, as a compensation-Tort his services in collecting owner of said table: k They therefore beg leave to recommend and payihg over to the .cashier of thq Central Bank the sum of the following resolution r ' i ^ u nineteen liundred and fifty-three dollars, for prosecuting '.tb judg^- Resolved, That the Comptroller General be, and he is hereby tnent suits to the amount of sixteen hqndred and forty-six dollars,- required to allow the tax-collector of Wilkes, county) on final set- and /for settling cases, pending Suits, therein^ Tito the amount of tlement, the amount of the aforesaid tax illegally assessed against' •eighteen, hundred and ninety-nine .dollars,, andfok'thb foreclosure said Murtha Griffin, as owner^-eff a billiard-table, for the year' of,two- mortgages; in. all which cases/ the State .was a .party } eighteen hundred and twenty-eight. -and thatjhe,same.beinserted in the bill'appropriating.moneys for , Approved^"December 18th,>1829r ' v the political year, one thousand eighthundred arid thirty ► - . t " • —. Approved, December 18th, 1'829.- • U ^ ■ ./* [No.- 689.] ' House of RepreSentativf^, ' -* f v. ► r .' 1 v " - Wednesday, December 16th,*1829. [No, 685. ] - ' ( House of repiiese^rtatives;'^ '•> 'The^joiot CQmmittee ortThe Penitentiary have taken into c6n- _ . Saturday, December 12th, d 829. ; .sideration the sbvetal references made* to 'them, have, examined?. Whereas, doubts are entertained ,hby the present Trustees of the the reports of the inspectors of the Penitentiary, that of the prin- ' Poor-school Furid of the seyeral.counties of this State, in relation"' cipal keeper,/ and, tjie- several departments connected with' the to the payments of accounts (]be to .teachers prior to the appoint- institution. - The'institutionappears to have been managed with mentcf said Trustees^and which have not been paid by their prq- care,, prudence, and discretion. The several superintendents decessors; therefore, - • r« - have met wkh the apprbbation of the several commrtte.es ap- Resolve^ That the- Trustees of the Poor-school Fund, of said pointed particularly to ekamine the respective departments ; and counties ber and they are hereby authorized and required to ac- the fidelity, energy, and zeal manifested by the inspectors give- cept anil pay off all accounts due for the tuition of poor children good assurance that they have had a single-eye to the improve- prior to' their. acceptance "of the appointment of trustees (anct ment of the system of punishment, and the improvement of the which have not been paid by their predecessors),'in the order the mearns to sustain the institution. With some'alteration in the- same become due ; Provided, the persons claiming such accounts, system generally, the repairs of the building and walls, the erec- shall render the same under oath. , . . tion oF cells; and other improvements which will suggest them- And be it further resolved. That his excellency the Governor selves to the inspectors and the keeper, there is no doubt that be, and be is hereby authorized and required to pay over the the institution will be able to sustain itself without aid from the ^amount of the Poor-school Fund set apart for this Stale. government. Such seem the views for which it was established: Approved, December 18th, 1829. the change of punishment alike inefficient in itself, jmd revolting RESOLUTIONS.—1823. 149 to the feelings of the Christian and the philanthropist. Your State of Georgia, in General Assembly met, That his excellency committee have not thought it necessary to imbody in this report the Governor cause to be published in such gazettes of this State an extended view of the fiscal concerns of the institution. The as he may select, such of the public acts passed during the present report ot the inspectors having been already [submitted] to the session as he may deem necessary should receive immediate pro- Legislature for their examination, they would therefore only ex- mulgation. press the hope, that an institution established upon principles.of Approved, December 21st, 1829. humanity will be cherished by our government as a mean for the . • 1 suppression of crime, calculated alike to intimidate the youthful [No. 693.] House op Representatives, violater of the law and the more experienced convict. Experi- Saturday, December imh, 1829. ence has proven that placing the brand of infamy is seldom at- Resolved, That John B'. Coleman, Abraham Lord, Ben. O. tended with reformation ; and your committee cannot but believe Keton, William Stafford, Martin G. Mims, Thomas Johnson, and that a systern of punishment approved by the most enlightened Abraham Dyson be, and they are' hereby appointed Trustees of parts of the wond will meet with the approbation of "the citizens Lee County Academy, of Georgia, who are ever willing to make progress in the road of Approved, December 21st, 1829. civilization and refinement^ and will never be'the first to retro-. • . '. grade to the practices of an age of cruelty and barbarism. [No. 694.] House of Representatives, Approved, December 2Jst, 1829. Saturday, December 19th, 1829. - . The select Committee to whom was referred the petition of ■ [No. 690.] House of Representatives, * < Charles C. Burch, contractor for the addition to the State-house, Thursday, December llth, 1829. praying compensation for extra work and-lpsses sustained by him Whereas, the number of members which, under the .present in the erection of said building, have had the same under consi- provisions of the constitution of this State, compose the General deration, and report: Assembly is considered by many of the good citizens of the State T^lfat the limited time allowed your committee for the investiga-' by far too numerous, "and consequently Unnecessarily expensive tion of the evidence on which said claims are founded, have not for an economical people ; for the .purpose therefore of ascer- been permitted to go into it as fully as they could wish. The ex- taining the voice of the-people on this all important and interest- amination, however, which they have given the subject has satisfied ing subject; . # " the committee that the petitioner is entitled to some relief from Be it therefore resolved, That all'the voters pf Georgia, who the Legislature ,for the losses sustained, and for extra work per- feel for the interest and prosperity of the State, and wlfo wish to formed by him in the erection of the State-.house edifice, reduce the number ®f members of the General-Assembly of Geor- In. order to afford an opportunity of more fully investigating" gia, be required, on the first- Monday in October next;, to say on said claims, and of doing justice to the petitioner in the premises,, their tickets, if in favour of a reduction; "reduction,"—if your committee beg leave to submit the following resolution : against; " no reduction." Resolved, That the petition and claims of Charles- C. Burch Resolved further, That the superintendents of elections on that be submitted to three commissioners, all of whom shall be well day keep a poll of the same, and certify it to the Governor, .a qualified to judge of said work, and the propriety of said claims ; statement of Ihe poll, and that he cause the same to be laid be- said commissioners to be appointed by his excellency the fore the next General Assembly ; and that he cause these resolu-- Governor; who shall examine and-report to the Governor the tions to be published once a month in the gazettes at Milledge- quantity of work done by the petitioner, which is not contained ville, until the election. in the specifications of his contract (if any), the value of the same, Approved, December 21st, 1829. also to inspect the work contained in the specifications of said contract; and provided it shall be found not to be done in the [No. 691.] House of Representatives, manner set forth in said Contract, then and in that ease to make Thursday, Deceikber llth, 1829. such deductions as may to them seem just and equitable—also the Whereas, it appears" that on the list now in the executive de- value of the well sunk by said Burch in front of the State-house, partment of persons entitled to draws in the land lottery au- together with the loss (if any) sustained by him in consequence thorized by the act of eighteen hundred and twenty-one, that of failures on.the part of the State's contractors for materials to Thomas Kennon of Captain Leonard's district, in Morgan county, comply with their engagements, whose reports, in the whole or in is returned on said list as being entitled to two draws, and did part, sh'ajl be subject to the approval or disapproval of his excel- draw in said lottery lot number forty-four in the seventh district of lency the Governor. Said commissioners shall be sworn before Houston county ; and whereas, it is represented to this Legisla- entering upon the discharge of their duties, ture that Thomas Kennon, who is now in life, did not give in for a Resolved further, That should his excellency-approve the draw or draws in said lottery, but Thomas Kinman, who is now same, in whole or in part, he shall draw his warrant on the fund dead, did give in for. two draws in said lottery, but whose name appropriated" for the erection of the addition to the State-house, does not appear on the list of persons entitled to a draw or draws for the amount so reported and approved in favour of said peti- in said lottery from said district;; it is therefore believed that a tioner. mistake has taken place,'and that Thomas Kinman, and not Resolved, That, the said commissioners shall be allowed a Thomas Kennon, drew lot No. forty-four, in the seventh district reasonable compensation for their services, to be approved of of Houston county ; - by his excellency the Governor; and when so approved, his Resolved, therefore, That his excellency the Governor be, and excellency the Governor shall be#authorized to draw his warrant he is hereby authorized and instructed to have a grant issued in in favour of said commissioners on any moneys in the trea- the name of Thomas Kinman, of Captain Leonard's district, Mor- sury not otfierwise appropriated. gan county. for lot number forty-four in the seventh district of Documents setting forth'the petitioner's claims are herewith. Houston coiinty, on pay mentof the usual grant-fees ; Provided, that submitted, which the committee desire to accompany this report., he shall receive' sufficient evidence that Thomas Kennon did not. Approved, December 21st, 1829. give his name for a draw or draws in said lottery of eigbteen.hun- dred an4 twpntv-one. in Capt. Leonard's district, Morgan dounty. [No. 695.] . House of Representatives, Ap^oved^ December 21st, 1829. . . Monday, December 21st, 1829. n Whereas, there are considerable balances of public money in [No 692 1 House of Representatives, the hands of various.river commissioners ; and whereas, the act Friday, December 18th, 1829. of the present session has provided a new plan for directing the Resolved, by the Senate and House of .Representatives of the operations on our rivers : 150 . IIESOLUTIONS.—1829. Resolved, therefore, by the Senate and House ofjlepresenta- effect: Provided, that in cases in which the commissioners have tives of the State of Georgia, in General Assembly met, That the faithfully discharged their duties, and in which it may be con- Governor appoint one or more competent agents to ascertain the sistent with , f :— $400 Poor-school Fund added to repealed as to the $400 Liberty.—Walthourville Academy, commissioners of, in- corporated ... Lincoln.—Goshen Academy, trustees of, incorporated » Double Branch Academy, trustees of, incorporated Lincoln County Academy, fines and forfeitures vested in Lowndes.—Trustees of the United Academy incorporated- Mcintosh Academy,.commissioners for, appointed Madison.—Trustees of Madison Academy incorporated authorized to raise $5,000 by lottery Marion Academy, in Merriwether county, incorporated - Monroe.—Forsyth Academy, trustees of, incorporated . Towelaga do-. do. do. Rock Spring do. do. do. Cicero do. do. do* . Concord do. do. do. Hebron do. do. do. Reddick do. do. do. Morgan.—Oak Grove Academy, trustees of, incorporated Madispn Academy, trustees authorized to have lottery Muscogee.—Academy, trustees of, incorporated, . *— Newton.—Newton Academy, trustees ,of, incorporated . f— the Inferior Court author- ized to convey to the trustees a lot in Covington % 1 Leaksville Academy, trustees of, incorporated . Jefferson Academy, trustees of, incorporated . Oglethorpe.—Heripon Seminary, trustees of, incorporated Prospect Academy, trustees of, incorporated. . Page 49 52 55 49 20 21 26 40 54 7 8 10 18 38 48 42 42 55 18 26 50 10 37 13 19 54 54 23 •35 43 48 51 55 57 41' £7 53 12 ,51 17 39 8 6 Page ACADEMIES.—Oglethorpe. The incorporated academies entitled to their full dividend of the academy fund . 25 Arthur Academy, trustees of, incorporated . . 35 ——— entitled to a part of the academy fund 36 Pike.—Zebulon Academy, trustees of, incorporated , 27 Pulaski.—County Academy, trustees of, incorporated . 9 1 ;— fines and forfeitures to go to 10 v —> commissioners appointed . 13 — act incorporating, amended 19 Putnam.—Union Academy, trustees of, incorporated . 7 Harmony Academy, trustees of, incorporated . . 19 Randolph County Academy, incorporated . . 57 Rabun.—Claytonsville Academy, trustees of, incorporated 25 ; fines and forfeitures to go to, . 10 Richmond.—Trustees of, authorized to convey to the Au- gusta Female Asylum a certain lot . . . 5 , Scriven.—The trustees of, entitled to a full dividend of the academy fund . , . . . . . .30 —• to relinquish certain claims to land 30 Scriven\Academy, trustees of, incorporated . . 55. Tatnall.—The Academic and Poor-school Fund conso- lidated, and the trustees of, incorporated . . 32 - Talbot.—County Academy, trustees of, incorporated . 54 Taliaferro.—Cravvfordville Academy, trustees of, incor- por&ted . . . . . . . .33 Telfair.—County Academy, trustees of, incorporated . 18 Academic and Poor-school Fund united . . .29 Twiggs.—Jefferson Academy, trustees of, incorporated 54 entitled to a sjrare of the academy fund . . . . . . .54 Troup.—County Academy, trustees of, incorporated . 42 Vernon do. do. do. .57 XJpson.—Thomaston Academy, trustees of, incorporated 31 Franklin ' do. do. do. . 38 Do. do. do. do. amended 44 Ware.—Academic and Poor-school Fund united . 29 Walton.—County Academy, commissioners of, incorpo- rated 9' Social Circle Academy, trustees of, incorporated . 54. Warren.—Monaghan Academy, trustees of, incorpo- • rated ........ 35 Amsden's Academy, trustees of, incorporated . . 45 Locust Grove Academy, trustees of, incorporated . 47 Wayne.—Mineral Spring Academy, trustees of, incorpo- rated . . . . . . . . .25 • — authorized to receive the academy fund 25- Wilkes.—Mallorysville Academy, trustees of, incorpo- rated . . 1 . . . . .1. . . 6- Wilkinson.—County Academy, trustees of, incorporated 24 ACCOUNTS (Open).—The mode of proving, in a Jus- tice's Court pointed out .1 . . ► .221 such as are dbe the Penitentiary, . . . 290 ACTIONS (See Contractors, joint, and copartners).—Mode of suing joint contractors, &c. .... 201 May be commenced at law as well as in equity, for causes usually carried into equity , 203 Not to abate on the removal of executors, &c. . . 206 Causes of, to be consolidated in the City Court of Au- x gusta • . 210 ADMINISTRATORS (See Executors and Bonds).-—Feme covert dying, husband entitled to the administration on her estate . . . ... .207 Their bonds declared valid in certain cases . . 216 May manage estates at discretion . . „ .216 Mismanagement of, how inquired into . . .216 Husband entitled to the wife's estate, &c. . . . 220 " De bonis non," how made a party . . .223 ADJOURNMENT OF COURTS (See Courts).—When, how, by whom, and for what causes . ,211, INDEX TO THE LAWS. AMENDMENTS TO DECLARATIONS AND BILLS. May be made at any stage, in certain cases APPEALS.—From the Courts of Ordinary, to be tried by a special jury ....... ARRESTS (In Civil Cases).—Persons arrested to be con- veyed to the jail of the adjoining county, if no jail . Keepers of jails required to receive them . ARRESTS (In Criminal Cases).—Property of the de- fendant to be taken and held for costs . APPROPRIATIONS.—Act of 1821 . Act of, supplementary to, and amendatory of . 1822 1823 1824 1825 1825, supplementary to, and amendatory of 1826 1827 1828 1829 1830 To C. R. Parker ....... (See Rivers for other Appropriations.) APOTHECARIES.—Not to vend drugs without license . ASYLUM (See Poor). ATTACHMENTS.—A security, in certain cases may take out against his principal ..... May issue, where the debt is not due Judgment on, how entered when the debt is paid by the security Judgment, how taken when the debt is not due or in suit Where the property is not replevied, the demand how established ....... If debt be not due, how long execution is to be stayed Property, how to be disposed of ... Defendant or his agent may replevy .... May issue, pending a suit - Set-off, though not due, may be pleaded . If levied on land or negroes, and claimed, how tried . Claims, where to be tried ..... May be issued from and returned to the City Court of Augusta^ ........ May issue against insurers of property, &c. Who may be garnished ...... May be dissolved, and how ..... ATTORNEY AND SOLICITORS GENERAL.—May be ruled for money collected by them for the State Who shall be competent to prosecute or rule against May be imprisoned for default by the Court The judge may appoint a solicitor, &c. pro tern. To give bond and security, &c. . Required to make annual reports, &c. To report to the Comptroller General the situation of executions against Tax Colleotors ATTORNEYS AT LAW.—From adjoining States and territories, how admitted to plead and practise jn this State ........ Of South Carolina, authprized to plead and practise law in this State . Abernethy, Henry C. authorized to plead and practise Allen, Richard C. ditto ditto SBeall, Thomas ditto ditto- Baker, Mosely ditto ditto Bull, Orville A. ditto ditto Burney, William V. ditto ditto Bissent, Abraham ditto ditto Baltzell, Thomas ditto ditto , Berthelot, James A. ditto ditto Bailey, David J. ditto ditto Black, William A. Beall,. Samuel ditto ditto ditto ditto I^age ATTORNEYS AT LAW. Cleland, James, authorized to plead and practise law 323 * Charlton, Robert ditto ditto 335 Cook, Asa B. ditto ditto 335 Cox, Wiley J. Clark, Thomas J. ditto ditto 336 ditto ditto 336 * Clayton, George R. ditto ditto 336 * Clayton, Augustin S, ditto ditto 336 r Campbell, John A. ditto ditto 348 r Chandler, Gray-A. ditto ditto 348 Campbell, John C. ditto ditto 342 - f Dougherty, Robert ditto ditto 335 Dunlap, James A. ditto ditto 339 v Early, Peter A. ditto ditto 323- . Franklin, Leonidas ditto ditto 336 Fontaine, Henry W. ditto ditto 342 v Gordon, George W. ditto ditto 332 Gobert, James P. ditto ditto 335 Goldthwaite, G. T. f Gibson, Obadiah C. ditto ditto 336 ditto ditto 338 Greenup, Christopher C. ditto ditto 342 ,* .^XJresham, Albert Y. ditto ditto 323 sf Harris, Ptolemy T. ditto ditto 317 — Hines, Richard K. ditto ditto 323 — Harris, Iverson L. ditto ditto 323 Holt, Hines ditto ditto 323 . Haralson, Hugh A. ditto ditto 327 - Henderson, Brockmon W. ditto ditto 335. --Harris, William ditto ditto 835 Harwell, Henry J. ditto ditto 335 Hobkirk, John B. ditto ditto 335 Hall, Richard A. ditto ditto 336 — Hobby, Wensly ditto ditto 336 Hopkins, William L.- ditto ditto 336 .~Hunt, John J. -"Hemphill, Hiram I ditto ditto 336 ditto ditto 348 Jones, Marcellus ditto ditto- 332 Jones, William E. ditto ditto 335 -—Kenan, Michael J. ditto- ditto 335 ^-Lewis, John S. ditto ditto 323 Matthews, Vincent T.. ditto ditto 313 McRae, Daniel R. W. ditto ditto- 323- - Miller, Andrew J. ditto ditto 324 - Milton, John ditto ditto 327 McCombS, David B. ditto ditto " 332 — Meriwether, James A. ditto ditto 335 Macon, Edgar ditto ditto 336 Mecon, William C. ditto ditto 336 McCarthy, Robert ditto ditto- 346 — Murat,- Achille — Nesbit,Eugenius A.- ditto ditto 342 ditto ditto 317 - Nesbit, Hugh ditto ditto ( 336 Ogilby, Urbane ditto ditto 327 Postell, Edward P. ditto ditto 316 --Pope, Henry ditto ditto 327 ~~ Rabun, John W. ditto ditto- 332 Shelman, Joseph- ditto ditto 327 Sims, Ferdinand ditto diito 336 "—Terrell, James C. ditto ditto 324 Thompson, Lesley Thompson, Joseph B. ditto ditto 323 ditto ditto 334 — Tombs, Robert A. ditto ditto- 348 - Wittick, Lucius L. ditto ditto 323 — Wittick, Earnest L. ditto ditto 327 Williams, Joseph T. ditto- ditto 327 Walker,. J. Rittenhouse ditto ditto 334, —Walker, George J. S. ditto- ditto 334 —Wellborn, Marshall J-. ditto ditto 336 Ward, George T. ditto ditto 342 Williams, George W. ditto ditto 342 AUGUSTA.—Mayor of the city of, how elected . 210* Page 221 213 201 201 202 59 60 59 60 62 63 64 64 65 66 67 69 66 291 202 202 202 202 202 202 202 202 202 202 223 223 227 228 229 229 218 218 218 218 224 224 296 228 316 335 327 323 327 327 327 335 336 336 348 348 342 ir INDEX TO 1 Page AUGUSTA.—Ward No. (1\ entitled to the three council- men . «0 The act incorporating, amended '. 428 Qualification of voters for members of the council, &c. A28 The city council of, to control the court-house and jail in Richmond . : . . ' • 428 Mechanic Society of, incorporated i - .447 A lottery authorized, called the Masonic Hall, &c. . 456 The act establishing the mayor's court of, amended . 456 City council of, authorized to negotiate a loan, &c. . 460 A new market-house in, may be established . . 463 Vendue-masters, how appointed in... . . 46^,472 The Independent Fire Company of, incorporated , . 481 AUDITED CERTIFICATES.—One to issue in favour of Henry D. Downs, administrator of William Downs 310 One to issue in the name of Henry King . , . . 326 One to issue in favour of John Clarke , . . 328 B ANKS.—United States Bank not authorized to demand and recover 20 per cent, on the bills of the State Banks 70 State Banks to pay specie . . . . . ' 70 Intercourse between the United States Bank and the Barfks of the State regulated, when runs are made by the former for specie . » '• . . . 70 Stock of, liable to be sold under execution . .71 The act regulating the intercourse between, and the United States Bank, repealed . . . 71 Of. Macon incorporated . , . . ... 72 Of Darien, the act incorporating amended . .76 r the mode of redeeming the bills of, in the Central Bank, pointed out ..... 89 ' Of the State of Georgia, the aet of incorporation amended . . . . •. . . . 77 Of Augusta, charter extended . . . .77 The Savings' Bank of Augusta incorporated . . 77 The Augusta Insurance and Banking Company incor- porated . . . . • . . .73 The Merchants' and Planters' Bank of Augusta incor- porated . , . • . • . . . .80 The Marine and Fire Insurance Company of Savannah, act of incorporation amended ; . .80 Planters' Barik of the State of Georgia, act of incorpo- ration amended . . . . . . 85 Of Columbus incorporated . , . . . 83 Central Bank of Georgia incorporated , . .86 act of incorporation amended . . 87 Intercourse between the State institutions arid other - institutions and brokers regulated . '. . 75 Bank dividends (See Academies and Poor-school Fund), of discount and deposite, to pay the Comp- troller General's drafts for money due the State . 295 BAIL "PROCESS.—May be taken out pending a suit ' . 200 To obtain, an oath must be taken, and to what effect . 200 Sum sworn to be endorsed on the process *. . 200 - Clerk shall issue process and copy process, and annex copy of the affidavit . ... . . . 200 ' „ Sheriff required to execute the same in a certain tittie 200 Proceedings after arrest to be as in common'cases . 200 Bail thus taken not to delay the trial . . . 200 How to proceed when defendants reside in different counties . . . ., . . . . 200 Allowed at law or in equity, in suits commenced for the recovery of personal property . . . . 208 Bail, how obtained in actions for negroes . . . 208 BE ALL, ROBERT A.—A grant to'him legalized . . 265 BEACONS.—(See United States.) . BELCHER, WILEY1 (Sheriff of Twiggs).—Governor re- quired to cause suit to be commenced against him 4(^8 BILLS OF EXCHANGE.—Negotiated on any person iq the United States and protested, the drawer liable for damages, &c 212 What shall bd the recovery in suits on bills, protests .221 'HE LAWS. Page BIRTHS.—An act providing for the recording . < • 113 BONDS (See Executors)/—Suits on executors, adminis- trators, and guardians, how instituted against secu- ritiesto . . - . * . . '• • . 200 Securities made joint obligors so as to authorize a joint action . • 200 Principal to be sued first or jointly, if in the State . 200 Executions, how to issue against principal and security 200 To be levied.on the principal's property first . . 200 When paid by the security, to have the control of . 201 Bonds heretofore executed not affected . . .201 For prison bounds, how and by whom taken . . 203 To be given by guardians and recorded . . . 204 Clerk's fees for recording guardian's bond . ' . 204 Certified copies of, admitted as evidence . . .213 Given to the Court of Ordinary by administrators, guar- dianS, &c., not heretofore adjudicated, declared binding, &c. . . . , . . . . 216 Courts, judges, members, &c. declared legal obligees 216 To secure the peace (also see peace bonds) . . 220 To be given by Attorney and Solicitors General . 224 BOOKS, MAPS, &c.—Maybe sold without a license . 309 BRIDGES.—Certain persons authorized to erect one over i Cathead Creek, at Clapboard Bluff . . . 362 One authorized over the Great Ogeechee, in Effingham andv.Bryan 363 One across the Ocmulgee River, at Fort Hawkins . 384 Toll across Yellow River, in Gwinnett . . . 360 Canoochie River, at Oneal's Ferry . . 3^6 — ^ Ehenezer Creek, and vest the same in the German Lutheran Congregation at Ebenezer . 366 Fourth and fifth sections of, repealed . . .102 Toll over the Apalachie, and vested in John Floyd . 374 Free, authorized ,upon the land of John Cartledge, on Little River ' : 374 Toll authorized across the Alcofauhatchie,,in Jasper County, and vested in Francis S. Martin . . . 375 v «■; ,one over the Ajaalachie, vested in James Richard- son , . . ; . , . . . . 381 One' authorized over the Lagoons at the Altamaha, and , sum of money appropriated for . . .4 377 One across Beaverdam Creek, in Scriven County . 385 One over the Apalachie, near Hick's Ford • ; • ^86 ■ Oconee River, at Richard S. Park's . 386 -—: Apalachie, atTerrelltg Mills, &c. . 388 One across the Towalega, in Monroe . . . 393 ! Ohoopie, on the road to Savannah . 396 i On the Towalega, rates of toll regulated . . . 397 ; At Macon, to be sold, and how, &.c. . . . 397 I - By what authority built over dividing water-courses of counties, &c. . . • • • * .214 BU'fCHERS AND VENDERS OF MEATS.—An act for their relief . . * .* . . . 349 BURGLARY.—The definition of, as prescribed by the Penal ! . ' Code, changed . ' . . . . . 288 BURYING GROUNDS.—Trustees of the public cemeetry of the village of Summerville incorporated " . .89 ! Seven acres of land granted at Macon for a . .89 CANALS.—Ebenezer Jencks authorized to construct a canal from the Ogeechee to the Savannah River . 90 —authorized to extend it to the Altamaha . . 91 A central canal or railway authorized . . .90 The Savannah, Ogeechee, and Altamaha) incorporated 94 The Governor authorized to subscribe for stock . 100 Brtmswick Canal Company incorporated . . .98 Authorized from the Ocmulgee to Flint River . . 393 The Mexican Atlantic Company incorporated . > .92 Public works, a board of, incorporated . . .91 the act creating, repealed . . - . 94 CENSUS.—An act providing for the taking of . . 100 INDEX TO THE LAWS. v CERTIFICATES (See Evidence).—How grants shall (to 8 purchasers of lost certificates) issue . . . 352 CERTIORARI.—The 5th section of the act of 1811, re- quiring a jury trial before the grantingof, repealed 206 How obtained on the trial of slaves and free persons of colour . . . . . . 4 4J4 CHURCHES. Baldwin.—The commissioners of Milledgeville author- ized to convey a lot to each religious society for a parsonage lot . . . . 102 Trustees of the Presbyterian Church in Milledgeville incorporated .'110 Bibb.—Macon, the commissioners of, authorized to set apart a piece of ground for the Methodist Episcopal * Church ' . 105 Churches in, incorporated, Presbyterian, Episcopalian, and Baptist ' .-106 Chatham.—Savannah, trustees of the Independent Pres- r byterian Church empowered to sell the real estate belonging to the same . . . . 102 The acteof the trustees of the Congregational Church • at White Bluff made valid . , . . . .111 Clarke.—Trustees of the Salem parsonage property incor- porated . » . 104 Athens Presbyterian and Methbdist Churches incorpo- rated - 110 Crawford.—The Inferior Court of, authorized to convey lots to Certain religious societies for erecting Churches 103 Camden.—St. Mary's, .the Independent Presbyterian Church of, incorporated- .. . . . .109 Be Kalb.—Decatur Presbyterian Church in, incorporated 107 Fayette.—The Inferior Court authorized to convey cer- tain lots to certain religious societies for building Churches . . . . . . . .105 Greene.—Greensboro Presbyterian and Baptist Unjon Churches incorporated* . . . . . 108 Henry.—The Inferior Court authorized .to convey to cer- tain religious societies a lot of land each for building Churches . . . . . . . 103 Jones.—The Walnut Creek Baptist Church incorporated 103 Mcintosh.—Darien Independent Presbyterian Church of, * • incorporated . . . . . . .101 —i — amended 102 Monroe.—The Inferior Court of, authorized to cojnvey lots to tlfe Baptist and. other .religious societies in Forsyth . ". (. . * . • 103 Morgan.—The Inferior Court of, authorized to lay off thrqe lots in Madison to the Methodist, Baptist, and Presbyterian Churches ^ „ . ... .103 Muscogee.—Columbus, the Go'vernor authorized to the Methodist Church in, . 109 — Baptist Church in 111 Oglethorpe.—Salem, the Baptist Church -at, incorporated 101 Lexington, Presbyterian Church in, incorporated . 108 Methodist Episcopal . do. . 108 Richmond.—Harrisburgh Presbyterian Church incorpo^ rated .'**104 Augusta, the Unitarian Society of, incorporated . 106 the churchwardens, &c. of the Episcopal Church, apart of the lot conveyed to, &c. . . 106 Scriven.—Jacksonborough, the Methodist Episcopal Church of, incorporated . . • . .109 Upson The [nferior Court of, authorized to lay off two lots in Thomaston to the Baptist and Methodist,- &c. • » • * . * * , * ' Warren —Union Baptist Church in, incorporated . . 104 Baptist Church on Williams's Creek incorporated . 105 Locust Grove, the Roman Catholic Church at, incor- porated • • . * • • • 106 Warrenton, Baptist Church at, incorporated . . ill CHURCHES. fc Wilkes.—Washington, Presbyterian and Baptist Churches in, incorporated 107 CLAIMS.—Property levied on, shall be claimed on oath . 207 Claim, how returned, and by what court tried . . 207 Bond to he given in double the value of the property . 207 Valuation to be made by the levying officer . .207 Verdict on condemnation, the judgment on, how entered 207 Burthen of proof to lie on the plaintiff in execution . 207 Claims not to be withdrawn more than once . , 207 Either party entitled to an appeal .... 207 How tried, when negroes are levied by a justice's fi. fa. 215 Where tried, wl)en lands are attached and claimed . 223 Claims of neg'rqes levied on by attachment, where tried 223 On the trial of, jury to take an additional oath . 223 Damages in claims, how assessed . ' . * . 225 CLERKS (See Fees). — Required to give receipts for moneys received for county purposes . • . 201 To take receipts for money belonging to the county . 201- Receipts to be returned to the clerk of the Superior Court » . . ... . , 201 Receipts to be filed and laid before the grand jury . 201 Neglecting so to do liable to a penalty . .* . 201 Vacancy of, to the Court of Ordinary, how filled . 204 Of the Court of Ordinary, to keep a docket of persons liable to make returns . . . . * „ . 20£ Neglecting so to do,'shall pay a fine of $30 . . 206 May adjourn courts in certain cases . . .211 Required to register the names of notaries, &c. . 214 May bq sued on their bond for neglecting to record, transcribe, or copy, &c. . . 228 What damages shall be recovered against them . .228 For what cases of neglect they may be ruled . . 228 .Shall fully record all proceedings in law and equity, Sic. 228 Grand juries to examine their offices, records, &c. . 228 Appling.—Not compelled to keep their offices at the court-house , >. . . . .112 Dooly.Not required to keep their offices at the court- house . r . . . .. . .112' Required to keep, them within one1 mile . . .115 Decatur.—Not compelled to keep their offices atffie court- house or within one mile . . . '. .113 Emanuel,—Of the Superior Court required to keep his office within five miles of the court-house • .114 Early.—Not compelled to keep their offices at the court- house . .112 Lowndes.—Authorized to transcribe the records. . .115 Tatnall.—Required to keep their offices within one mile of the court-house . . . . . .114 Ware.—Not compelled to keep their offices at the court- house " - 114 Wayne.—Required to keep their offices at the court-house 115 Wilkes.—Of the Inferior Court to give bond in $5,000 . 114 Warren.—The acts of Turner Persons, as deputy clerk, legalized . • 112 Of the Tnferib.r Courts to make an annual exhibit of their county funds to the grand juries . 1 .112 How punished* fqr neglecting so to do . . '.113 Of the Courts of Ordinary required to record births .' 113 Such registry made evidence . . . . .113 To record guardian and administrators'bonds . .115 ' Acts of deputy clerks under 21 years legalized .113 COLLECTORS OF TAXES (See Taxes).—Required to attend the elections, to collect taxes, &c. . . 422 repealed .... 423 Required to pay over money collected for county pur- •poses . 422 Neglecting to do so to pay 25 per cent. . . . 422 COLUMBUS.—Five commissioners to lay off and sell lots in 488 INDEX TO THE LAWS. . '336 295 . . 295 295 29*6. -296 297 Page COLUMBUS.—Ten acres reserved for the use of Mus- cogee county ....... 488 Half, square for a town-house given to the county of Muscogee . . . . . 479 Incorporated . . . . . . . .474 Persons owning buildings in, authorized to remove them from the public property, &c. COMPANIES (See Incorporations). COMPTROLLER GENERAL.—Required to make an annual report to the Legislature of unexpended ap - proprijltions . . . . ' . . No warrant to be passed by him drawn on an exhausted fund". . . . .:-- Accountable for the amount thus passed on an ex- haustedfund . . • ."295, To keep a* regular account with the treasurer . 4 . 295 * r Annually to report the state and condition of the trea- - 1 sury . : " . - . " . f": >-295 - To make recommendations, &c.. . ... . .{'295 To .issue executions for "taxes- ". . ** - • - Debts due the„ State to be deposited in his office ; > To furnish Attorney and Solicitors General" with a list "• J_ of executions against collectprs >. • . An additional salaiy allowed him / ■ ' -. COMMISSIONERS to take acknowledgment of DEEDS. . ' To be appointed in the States, &'c. . ';> 7 . .. . "225 - Instruments proven byr to be admitted to record 7 . 225 May administer an oath, and also-fo take an. oath" " > ,225 CONSTABLES.-^—Their duty in cases'" of arrest :in civil ' cases'r .V * "*'. y.-v.>201 May be ruled for moneys collected . ^ 7. . - 203, 403 Liable to pay 20 per cent, for improperly holding money 203 . When and how elected, and tb give bond . '407 If ho election at the proper time, justices'to advertise one .. . '. \ r 407 Bound to give receipts for notes .placed in his.hands for - r • collection -. , . • ' - .*"* 407 CONFISCATION.—The act of, repealecffso far .as it re- . - spects Lewis.Johnson, junr • . 33i5: CONSOLIDATION (See Actions). , . „ - - 7 - *"'*• CONSTITUTION.—Amendment of the 2d section of thei ~ 2d article . ^ ;. 7,: ..>116 - Governor eleclive-bythe people ' : .-110 CONGRESSIONAL .DISTRICTS (See Elections). CONTRACTORS, JOINT.—Suits against them, and not . all served, the plaintiff may enter judgment against. 7 • those.served - - . - . - . . . . > 201 .CONVEYANCES.,—Gifts,.grants,-&c. which pass an estate taiCsbalfvest "a feersimple estate .. ' ;. All gifts* grants, &c. hereafter vest the estate in the per- - . • son" absolutely to whom they are made . -COPIES (See Evidence). \ . '• /" . COPARTNERS.—Suits against, and failure of service on the whole, plaintiff .may take judgment againsfthose served - . . > Judgments thus obtained bind copartnership effects^ r„ and the individual property of the person served, - V 201 CORONERS.^—Liable to be ruled for mondy collected, an(L • * -to pay a-per cent.. . . . .. . . 203 ■ " Required to take anJoatb'of office - . " . ^ - - 404 His duty in. relation to inquests over dead persons . 404 Inquest, ho.w obtained, when and by whom notified to attend . • • . • . . . Jurors failing to attend liable to a fine . . Twelve jurors shall be sworn, and their powers Witnesses, attendance of, how procured , . ... Required to take the evidence in writing . . . • . For neglect liable, and how punished To give bond and security . . Bond for delivery of property taken by them valid . . 206 206 . 201 404 404 404 405 405 405 405 409 COSTS.'—Persons arrested for criminal offences held sub- ject to the payment of, and property bound . Judgment to be entered for, if found guilty Officers to hand in their accounts within ten days Executions to issue for the amount due Persons may be imprisoned until cost be paid . Cannot be retained on younger executions by an officer to prejudice of elder executions .... . Levy arid advertising fee may be retained Not to be demanded of defendants until conviction COUNTY FUNDS.—Officers and others receiving them to pay over the same to the clerk of the Inferior Courts, . ' &c. COUNTIES. * Appling—Organized and divided - . . ? . ■ A part of,-added to Telfair .. i •Bakery—Qutlines marked out and organized . 130, Boundaries t>ff defined . ; . . . Organized ■ . , . >. . . . ■> BwrA:e.-r-The:.Ijoferior Court to establish asylums for the '* rVinyalfdpo'or". - .. , ; . "Butts.—Laid out and,organized . - -. * . . Jurisdiction of, extended over the Ocmulgee and the . islands adjoining 7 ) • .- ; , Camden.-— The line, between it and Wayne established . Bouridaries of defined , . . Organized " ... Chatham.—Fines vested'ip the Inferior Cpurt * ; . • Clarke.—-A part of, added to Madison "■ , ' " .. — CarrpZZ.—Boundaries defined,: and the county organized •^Coweta.—Boundaries defined, and county of, organized . •- Cm?^/orcZ.—Boundaries-defined, &c. . .". .. . The;reserve at the old agency added to . . - '. . Organized .7-' . . Decatur..—-Laid out and organized : De Kalb.—^Boundaries of, defined^ • "Organized ; ; . .. . ' ... . " Tfie boundaries of,; more particularly defined . . "XDooZy.-r-Organized' . ; v - •; v , . .1' . s, i • . - " A part of, ^dded to Pulaski .■ " ...A part off added to Lee' . . . :The,:public^site4'o be called" Berrien . ' . ^ ' . Public site changed • ' ... - Early.—The commissioners authorized to obtain a tem- *"•.* "porary. place for holding courts, &c.. ' ' T - Cbmrhissidners appointed for, &g. . . - .J 125, > {Divided —.7 "Organized - . . EZWz.—-The Inferior Court authorized, to establish asy- . 7_ "lumsTor the invalid poor . . . ~ Fayette.—Organized . • . - . - Erankliiir.—Line between, ami Jackson defined •v ' A part off added to Jackson . . . » . > A part of, added to Franklin . r Glynn.—A part off'added to Wayne ' A part o^the Brunswick road.to be kept'in repair by . the ei'tiziens off .""Merchants, shopkeepers, &c. regulated . . Repealed as to merchants, &c. .... , Gwifihetti—The Inferior Courts of, authorized to sign - . land warrants on head rights .... ' Eleventh section of the act organizing, repealed . •*** A part of the unlocated territory added to, Two fractions in, added to De Kalb % A fraction in, addejl to De Kalb .. . . - "'""The act organizing Gwinnett, Hall, &c. explained Habersham.—Eleventh section of the act organizing, re- pealed . . . A part of the unlocated territory added to A part off added to Rabun ..... Page 202 202 202 202 202 211 211 201 127 130 131 122 122 139 130 140 116 139 241 124 140 132 132 122 133 122 125' 122 122 125 120 135 137 170 452 121 126 130 131 139 120. 121 121 124 117 117 136 137 116 116 124 138 140 118 116 124 140 INDEX TO THE LAWS. vii COUNTIES.—The Inferior Courts authorized to sign land warrants, &c. ........ Hall.—Eleventh section of the act organizing, repealed The Inferior Court authorized t6 sign land warrants on head rights ....... A part of the unlocated territory added to . , Hancock—A part of, added to Taliaferro The Inferior Court of, authorized to establish asylums for the invalid poor * " Henry.—Organized A part of, added to Fayette ..... A part of, added to Walton Harris.—Boundaries of, defined Organized ........ A part of, added to Muscogee , Houston.—Organized ...... A part of, added to Pulaski * Irwin.—:An act concerning the commissioners of court- house and jail . . . ; . . Laurens.—Certain powers vested in the Inferior Court of . ' . . - Corrifciissioners appointed to select a public site, &c. . . . . < . . - . Lee.—Boundaries defined, and county of, .organized Divided ... . i Liberty.—To regulate, the trading of shopkeepers, &c. repealed Lowndes.r^-V or med, and. organized -The act organizing, amended ..... A part of, added to Thomas* ..... The place of holding courts changed . * . Marion.—Boundaries of, defined .... - Organized ... i ... . A part added to Muscogee Commissioners appointed to select a public -site. McIntosh.-^The act regulating fences on.Harris's Neck repealed . . . . . . Merriwether.—Organized . . . * Boundaries ofi defined . ... Montgomery.—The Inferior Court thereof appointed com- missioners for public buildings .. . . , Monroe.—Organized ... Boundaries defined Morgan.—The line between, and Newton defined . Muscogee.—Organized and" defined \ . ... Boundaries of, defined ...... Newton.—Created and organized A part of, added to Jasper . . - . The line between, and De Kalb defined . Pike.—Boundaries of, defined . < . Organized . . "* • • * • T * Randolph.—Boundaries defined .... Organized . . • • • - .• . • Commissioners appointed to select a public site . Richmond.—The Inferior Court authorized to establish asylums for the invalid poor Talbot.—Boundaries defined Organized .••••• A part added to Crawford Taliaferro.—Formed and organized . To explain the act laying out . . . Troup.--Organized and boundaries defined Tatnall.—Commissioners to select a public site Telfair.—A part of, added to Montgomery Thomas.—Formed and organized The act organizing, amended . . "Walton. Eleventh section of the act organizing, re- Inferior Court of, to issue warrants on head rights 136, Page 116 116 116 124 137 139 120 120 119 137 136 144 120 136 126 459 483 1*32 138 135 140 128 134 135 134 137 132 140 475 118 136 137 118 120 122 ,126 132 *137 119 123 134 122 127 138 241 483 139 .137 136 136 129 133 137 478 117 128 134 116 116 COUNTIES.—The line between, and Gwinnett defined . Walton.—A part added to Jasper . The act organizing, explained . A part added to Henry The line between, and Newton defined Ware.—Laid out and organized ...... Wayne.—The Inferior Court authorized to have the- re- cords transcribed ...... A part added to Glynn Page 117 .117 118 119 123 127 117 123 The acts authorizing the removal of the court-house 319 Amended . . - . / . . 460 The said acts repealed ..".... 461 Commissioners appointed to sell the lumber at the new' court-house ..*.... 466 - The public site made permanent . . : . . 484 Washington.—A part added to Baldwin . . .134 Wilkerson, papers, and instruments destroyed by fire, how established . 341 Wilkes.—A" part of, added to Taliaferro . . .138 XJpson.—Laid out and organized . • . .127 A part added to Pike „ . .130 COURTS. Superior Courts.—May be adjourned by the-clerk of, on " the order of the judge . >. . . . -211 Gertain cases in the Superior Court of Elbert to stand for trial, &c. .. .' 211. Certain cases in Morgan Superior Court to stand for , trial, &e. . . . . . . . . 214 • Inferior Courts.—Authorized to appoint notaries public,. lumber measurers, &c. and'fill vacancies . .14 May be adjourned by one justice and the clerk, in cer- tain cases . . . . . .211 A majority of, necessary to admit to bail or discharge . any person under a habeas~corpus . Certain cases in Gwinnett'Inferior-Court to stand for trial- ........ Of Ordinary.—May be adjourned in certain cases To be attended by the sheriff, &c. . Appeals from, how tried ...... May order sales of real estate .... Sixty days' notice to be given of the sale . Four months' notice of the application to be given May permit estates, to be kept together, &c._ under their direction . . To appoint guardians for illegitimate children . May order The sale of the real estate of orphans, &c. . - Rules nisi granted by, must be personally served 211 215 211 211 213 216 216 216 216 219 219 223 In what cases notice may be given by publication . 223 May order the sale of negroes... .... 227 Such order must be granted on four months' applica- 227 227 tion ... • • • • • Sales of negroes to be advertised sixty days May pertnit guardians to keep their wards' property together* &c. ........ May authorize guardians to purchase or rent land Mayor's Court of Augusta.—Appeals from, may be entered to the Superior Court of Richmond Clerk to transmit records, papers, &c. to the Superior Court . • • ♦ • • • • • Sales of said court to be on the first Tuesday in the month- First section of the act of 9th December, 1822, re- pealed • • • • • • • • Name of, changed, and the judge elected by the Legisla- ture . . • • • • • Jurisdiction of, defined, and the number and times of holding court prescribed .... 224, 226 Fees of the attorneys, clerk, and sheriff, regulated . 224 Judgments, their lien "defined, as also the force of exe- cutions ........ 224 229 229 . 210 210 210 211 218 INDEX TO THE LAWS. COURTS.—Mayor's Court of Augusta. IIow the clerk and sheriff of th^ court may be sued in the court How contempts may,be punished .... Who shall preside when the judge is a party or inte- rested 7 . . The judge may hear and determine on habeas corpus cases, in certain cases ^ . . • . > Who may grant attachments in said eourt . Actions for rent to be tried at the First Term . If one. of the defendants reside but of the city, how served There shall be annually six courts, and stay of execution allowed . . . Common Pleas and Oyer and Terminer, Savannah.— . Times of holding courts prescribed . Nineteenth sectioh of the pet creating said court re- pealed , . . ..... ... - Constables bound to attend ' . . Stay of execution allowed on" payirrient of costs, &c<. . , Times of holding, in the Chattahoochee Circuit.—Times of holding Superior and Inferior • , •" . Times of holding, changed ; n .. • r - V \ Superior .Courts.—Times of holding, changed •, , ; ■ ' ' :— 1-again changed •' Inferior Courts.—In Randolph and Campbell fixed. .' .Talbot Inferior Court'changed ' ; > . ~ ., ' In the Eastern C^crHz.^Effingham> and Wayne Superior- and.Inferior Courts changed i .. . Wayne.-—Spring Tern? of;the Superior dourt changed .Superior Courts.-~Times of holding, changed "i • ■ V .Times of holding the Inferior Court, in Camden ah, ■ .. tered ' .'.7, 7-; '' v : • v Superior Courtei—Aitered' .. .. ■'. * % "7'; . In Effingham'and. Chatham changed, . Inferior Vourts.-f In Camden, and/Liberty changed '.:7 In the Flint Circuit.—Superior Courts, times .of holding,; -.-fixed . .' -V~ ' V J\. ■ . ; , 7 . • ' " ''<•■:<— r—-—- changed- - .; " . • • • • ": . .,"—■—l— again changed ' * 1—=, 7-r ~ ; "'changed ctgain r''. ~ , 1 ■ ■ • v ;— 'again changed . 'In Butts changed . Inferior Courts.—Times of holding, fixed . '. 7 V" --—■ changed • V . ./ - . '7 ~—r-——- again changed . ' — —- ehangedagahr • -—- —.• again changed7 '. Page 224 224 227 2'27 227 227 * &27 2^b 2«S 20b' 210 '133 238 241 243> 241 £43 Ilenry.—Altered : . ' . • '. • 7 .• Butts.—Altered. . .• • Fayette.-—Added to the Flint Circuit, .' . - s •' • . In the Middle Circuit.—Superior Courts, times of holding,- fixed . • v. 1 ■. . ' • /•■••• •' —• v changed v' ' . ' —- r= again changed Burke,—Spring Term changed- -. *' h. ' > ... Columbia— Changed ,• '. ' * ■ ^ ■Inferior Courts.—Times of holding, fixed . .'t . . Columbia.—'-Winter.session changed Montgomery.- ; — changed *. •1 —-———rr— again .. \ Columbia. : —changed . Montgomery.—Added to the Middle Circuit • ' . Emanuel.—Inferior Court, time of holding, changed In the Northern Circuit.—Superior Courts "in Wilkes . changed '" In Elbert and Madison changed .. . In Wilkes altered . * . . • . . , Inferior Courts.—In Lincoln and Wilkes changed, 230— . In Elbert and Madison changed . In Hancock the summer session altered . • i In Wilkes changed ....... 233 236 23.6 23.9 "240 239 233; 234 235 233 242 243 233 234 .235' 237 242 236 237' 238' 231 233 242 235 237 231 237 238 240 240 233 230 235 235 236 -233 235 235 236 Page COURTS. In Taliaferro changed ...... 238 .' In Oglethorpe changed ...... 240 . Wilkes.—An extra Inferior and Court of Ordinary au- thorized he Ocmulg ing, fixed • Superior Courts, times of hold- when held when held Baldtbin.-r Baldwin-t Jasper, and Wilkerson, changed Baldwin.-r-Superior Court changed * . 232 330 234 235 239 243 < Inferior Courts.—Greene, the winter session of, changed 234 Jasper.-^-The Inferior Courts when held . . .235 [ Wilkerson, Jasper, and Baldwin, changed . , . 3 239 Jones.—Changed .• . ^ t . .- ' . ' r. ,241 In the Southern Circuit.- -Superior Courts, times of hold- l i, ing, fixed", %. ,. .. .. . . . . .231 '7 \ -—:—^ r-changed . . . 233 ' —- altered in part . '236 C • *• ^7 ' r J ~— : altered in part . 237 .'"... *-?-—changed . 239 ; \Twiggs.-f-Superior Courts, times pf holding, changed . 243 JJ)ooly:—>Superior Courts, times of holding, altered 243 . ' Inferior CdiMs.r^-T'imes of holding, fixed • .• . .231 J. Telfair.—'Times of holding,'changed .. - . Decatur. > —-— . 7 . ■ changed . Irwin.. S. ■changed 234—237 . 238 . 240 - 233 f)ooly County.—Added to'the Southern Circuit •' In the. Western Circuit.'— Superior Courts, .times of hold- ;4, ;7 ing,1 fixed u • r . 7 .. . .. 231 P Times of "holding, changed I .236 Cwinnett.-r^Times of holding,'^.changed 1 •. ' ... .7 240 ■ iGwinnett, Rabun, and Franklin, changed . • 7 240 Frrtnklin and Raburi'changed. • . .' . *. . 243 ; Inferior CoM?25.-r-Times of holding, changed . .231 v Jacksoif.—Times.'of holding, changed . .. 238 CRA WFORD, THOMAS, H.-^-His acts a§ " Deputy Se- ■ Vr"" ^cretary," or7for Abner ^Hammond, Secretary^ of V. State,"'made evidence / - v ' , . 1 .' 251 CREDITORS. ;OF FORTUNATE "DRAWERS,—In- ' > • ;dem'nified for taking out Grants . 4 . . .301 DARIEN, CITY' OEr^—The. Act of Incorporation . - amended , . > u v . 7 . • " -, '431,484 . ; Jurisdiction of the Mayor~and Aldermen extended . 433 ,,The-'Mayoi and: Aldermen authorized to establish a . . night.guard . , . . . 436 ; - The Fire,Engine Company of, incorporated. . . , 457 DEBTORS.^r-Ao Act for the relief of honest debtors . 3J 6 Certain-articles-of,-exempt from sale .- . " . .313 DEEDS.—-(See Evidence-and Commissioners, &c.) If .recorded,- though hot in time, admitted as evi- UleiicO) ,. ■ . -,l. ' . • ' f - . . 218. . Copies of lost,.originalsadmitted as evidence- . ; 218 ' • Executed- bnd proved and not. recorded; may , be in twelvemonths . . .218 - ' ■ Deeds, whenAp be fnade evidence,-and admitted to - . record ' » . . . . . 222 'Certain deeds may be recorded on the' proof of one < - witness % ." . . . 222 . To be recorded in twelve months . . . .222 DE KALB.—Lot No. 403, in the 16th District, to be sold, and how . . ... . . , . 269 DISTRICT SURVEYORS.—(See Surveyors.) DISTRIBUTION.—Real and Personal, on the same foot- ing as to, . . . . - . . . . 206 Advancements to he estimated at the time made . 207 DOWER.—Under a writ of, three freeholders may lay off and assign . . • • . • 215 Notice of the application for a writ of, to be given . . 215 Persons interested may traverse the right of, . .215 INDEX TO THE LAWS. DOWER. Lands in different Counties require different applica- tions Proceedings to be returned and made the judgment of the Court Persons interested may plead or show matter in bar of, &c. ........ Notice to be given before assignment A surveyor to be employed and compensated . " . Widows not allowed, of Lands conveyed during co- verture . . . DRAWERS (of Land).—(See Lands.) In the Lotteries of 1818 and 181f9, certain citizens of Appling county relieved . - Fortunate drawers, certain of them relieved^ . 273. in the lottery of 1827 relieved . 340. DUELLING (See Oaths, Officers Public). DIVORCE.—Buekstinier, Samuel, and wife divorced . Boulard, John A., and wife ditto Bennett, Elizabeth, and husband ditto Borum, N. H., and wife ditto Boothe, Sarah, and husband ditto-' Bryan, Elizabeth, and husband ditto Bell, Elizabeth, and Thomas ditto Bostick, Nathaniel L., and wife ditto Brown, Abram, and wife ditto Barron, Ann, and husband ditto Brown, He'rtry P., and wife ditto Cooper, Jeremiah, and wife ditto Chandler, Robert, and wife ditto Cheak, Lavina, and husband ditto / Crow, John, and wife ditto » Clark, Amelia, and husband ditto .... Crocket, Patsey, and husband ditto Cawdle, David, and wife ditto Cannon, Catharine, and husband ditto . Cornier, Wilson, and husband ditto. / Dyer, Jacob. C., and wife ditto ^ Dickson, William, and wife ditto . . ^ Dooly 4 James, and ;> ffe" ditto Duke, Thomas G., and wife ditto Desha, Mary Ann, and husband ditto Duke, Joseph, and wife ditto Dick, Caroline E., and husband ditto Ellington, Robert, and wife ditto Fulwood, Bethinia, and husband ditto Finley, Rilev, and wife ditto Fairchild, Rachael, and husband ditto Fortson, Eliza^ and husband ditto Gaines, Henry S., and wife ditto < Gauvain, Rosalie, and husband ditto Garner, Delitha, and husband ditto Gates, Samuel K., and wife f ditto Gorham, Mary, and wife . ditto • Grantham, William M., and wife ditto Gann, William, and wife ditto Grizzle, Joseph, and wife ditto Gregory, Stacey, and husband ditto Garret, John, and wife ditto Hodges, Tabitha, and husband ditto Harris, Catherine, and husband ditto Hudson, Samuel, and wife ^ ditto , Harrall, Jane, and husband " ditto Heard, Sarah, and husband ditto Hall, Daniel, and wife ditto Henderson, Jemima A., and husband ditto '—.Harris, Roe, and wife ditto Hubbard, Elizabeth, and husband ditto Hudson, Lucy, and husband ditto Hare, Mary, and husband ditto DIVORCE.—Irvin, Hannah, and husband divorced . „ 150 Kennedy, Elizabeth, and husband ditto . . 151 Lloyd, James, and wife ditto . . 154 McCullock, Nancy, and husband ditto . .142 McMekin, Elizabeth, and husband ditto . . .143 Moon, Anna, and husband ditto . .147 Melson, Susannah, and husband ditto . .148 McCravey, Cynthia, and husband ditto . • .151 McDonald, John, and wife ditto . .152 McCullomj Hamertal,tind husband ditto . .153 Norman, Hannah, and husband ditto . . 149 • Nelson, Maria, and husband ditto . . . 152 Osborn, Aaron, and wife ditto . . 141 Oneal, Martha, and husband ditto ' . . 142 Pugh, Christianna, and husband ditto . .141 Palmer, Elizabeth, and husband ditto . . 1,49 Pool, Jane, and husband ditto . .155 Rogers, Ann, and husband ditto . ' . 143 Rogers, Sarah, and husband ditto . .145 -Ray, John, and wife ditto . . 147 Shankland, Robert, and wife ditto . . 142 Scott, William, and wife ditto . .144 Smith, John, apd wife ditto . . 148 vStone, Eliza, and husband ditto . . 149 Sowell, William, and wife ditto . * 151 Stokes, Cordy D., and-wife ditto . . 148 Taylor, Dermett, and wife ditto . . .149 -Thompson, Polly, and husband ditto . .153 Williams, King L., and wife ditto . . 146 Wilson, Catherine, and husband ditto . • . 150 Wright, Thomas, and wife ditto . .150 Wright, Nancy, and Jmsband ditto . .150 .• Williams, Seaborn, and vvife ditto . .152 'Williamson, Rachael, and husband ditto . .153 ELECTIONS.—Elections of members of Congress regu, lated . . . . . . . . .155 Congressional districts laid out and established . 161 The act repealed .168 Persons carrying returns of, for electors of President, Governor, members of Congress, &c. how cotnpen- sated I '. -178 Appling.—Elections by districts established . ♦ .157 Additional places of . . . . . .164 Burke.—Laid off into districts . . . . » 155 Districts in, established . . . . . 166 act amended . . •. . .174 again amended . . - . .179 amended again . . . . . .183 Bryan.—District elections in, established . . .161 Camden.—District elections in, established . .156 Magistrates attending, at the court-house the next day, to receive pay . . . . . . .168 Campbell.—District elections in, established . . 182 Carroll.—District elections in, established . . 175.184 Columbia.—District elections in, established . .162 An additional district created . . . .168 Coweta.—District elections in, established . . 175.178 Decatur.—District elections in, established . . .166 The law creating, repealed ih part .... 169 An additional place of holding, established . . 184 De Kalb.—District elections in, established • .158 Law-creating, amended' . • . . . . 174 Dooly.—District elections in, established . . 159,160 Law creating, repealed .170 One district in, established 1*83 Early.—District elections in, established . . 156,157 Laws creating, repealed . • • . .169 Again established 174 Elbert.—District elections in, established . . .165 An additional place of holding, established . , 173 Page 215 215 215 215 215 217 273 304 346 141 143 145 145 150 152 152 151 154 154 145 143 143 145 145 145 148 150 151 151 141" 142 146 147 147 149 153 147 144 148 154 154 152 142 144 145 .148 150 151 153 154 155 141 141 143 143 144 146 146 146 146 147 151 X INDEX TO THE LAWS. ELECTIONS. Emanuel.—District elections in, esta- blished ....... . i ■ amended . ' . Fayette.—District elections in, established Additional places . . . . . • 172. Franklin.—The duty of the superintendents prescribed .- The act establishing district elections in, amended 167. Glynn.—District elections in, established The law creating, amended . •• An additional district:established ' . . . Gwinnett.—District elections in, established . One of the places of holding, changed . An act amendatory . . The several acts amended .. . '-An additional district established . . . Habersham:—Places of holding district elections in, esta- . 155. . .. 167. . 173. - blished. . . . . . Thp law creating, amended An additional district . . . Hall.—District elections in, established The law amended . „ . Harris.—District "elections in, established - One additional. .. Henry.—District elections in, established One of the places of holding, repealed The law creating, amended -. . . Jasper.—District elections in, established .. Jefferson.—District elections in, established An additional district . . ' . Jones— District elections in, established ' . . The law creating, amended . .. Irwin.—District elections in, established Lee.—District elections in, established Liberty.—District elections in, established . An additional district . . . . - Lowndes.—District elections established . . The law- creating, amended . . . Marion.—District elections in, established t . - Mcintosh.—District elections in, established Law creating, amended . . ... ,. Mer-riwethfir.—District elections in, established :—■ ;— amended Montgomery.—District elections in,; established Muscogee.—District elections in, established Pulaski.—District elections in, established . An additional district . ..... Pi&e.—District elections in, established An additional district . . Putnam..—An election district in, established Rabun.—An election district in, established Randolph.—District elections in, established Richmond.—District elections in, established Scriven.—District elections in, established . Tatnall.—District elections in, established The law creating district,'repealed . An election precinct established Said precinct law repealed Talbot.—District elections in, established Telfair.—District elections in, established First section of the act amended An additional district ... Troup.—District elections, established Twiggs.—District elections in, established JJpSOn.—t>\str\ct elections in, established repealed Ware.—District elections in, established Walton.—District elections in, established Two additional districts . • Warren.—District elections in, established An additional district . * * ,' 164. 174. 174. 174. 170, 176. -Page 160 171 163 178 158 1^7 160 165 183 158 160 162 173 177 159 177 181 158 178 179 184 158 1.71 477. 185 16.8 171 170 .172 164 .186 159 168 179 1-05- 181 163 172. 180 181 164 186' 167 173 17.8 182 182 ■177 184 158 166 160 168 173 185- 176 157 163 186 176 180 169 175 164 178 181 171 178 ELECTIONS.—Washington. District elections »n, esta- blished . . . . . . . Wayne.—District elections established Wilkes.—District elections in, established Additional districts . . One of the places of holding, changed Wilkinson.—District'elections in, established ELECTORS OF PRESIDENT and VICE-PRESIDENT. How chosen ... . Election of, how conducted ..... The returns to be laid before the Legislature How vacancies are to be filled Pagff 165 162 169 172 1?1 184 159 169 159 159' 178 Compensation for carrying returns, &,c. EMANUEL COUNTY.—The Inferior Courts authorized to sell lots at the old court-house, and make titles, &c. . . . . 318 ENDORSERS of promissory notes deemed and held as . securities . . - . • . . .76 Except on notes made payable at or in any bank" . 76 ENGINEER.—His duty prescribed in relation to certain rivers for. which appropriations are made . . 356 To attend the commissioners of the Savannah River .357 The Governor to appoint one for the State . . 426 To continue in office until 1822 .... 426 The "Legislature then to elect 426 Salary of, and duties- ...... 426 .The contingent fund to aid, &c. by the drawing of the -Governor . . . . . 426 ENSURERS (See Insurers). EQUITY SIDE OF- THE COURT.—Parties in all cases may sue on the common-law side of the court . 203 To aid the common-law. side by bill, &c. . . ."203 Bills not necessary to have the judge's sanction . . 201 ExceptJnjunctions ne exeats and quia timeat . . 201 ESCHEATS.—Property of Irishmen' in Savannah vested in the Hibernian Society , . . . . -.321 In Mcintosh County vested in- the"Darien Poor-house and Hospital Society . . . .193 ESTATES TAIL (See Conveyances). ESTATES (See Administrators and Distribution).—Intes- tates' estates may be managed at the discretion of the administrator, under the direction of the court .216 May be kept together, not hired or rented . . • 216 Husband dying intestate without issue, his estate goes to the wife . * . . . . , . 217.225 Real and personal, on the same footing as to distribu- tion . . ; . . . , . 206 Real, may be sold by the order of the Court of Ordinary 213 Feme covert dying intestate her estate goes to-the husband .... . . . . 220 ESTRAYS.-^Horned cattle, sheep, goats, and hogs may be sold at the. expiration of six months after being tolled 187 ' In what paper advertised in Wilkes and Columbia . 114 EXECUTIONS (See Judgments and Securities).—Certain articles exempt from, for the subsistence of the debtor's family . . . . „ . .313 Being placed first in the sheriff's hands gives no pre- ference 209 If no return be made on it in seven years declared void 209 Declared void by the act of 1822, declared now to be . in force . . . . . .214 The transfer of. authorized ..... 225 EXECUTORS, ADMINISTRATORS, &c. (See Bonds.) Suits on bonds given by them,.how to be commenced 200 Their bonds considered joint, and the principal and ' security may be sued jointly .... 200 Returns of, may be'presented to-the clerk in vacation . 204 But the court must afterward pass on said returns . 204 May .be removed for mismanagement . . . 205 Suits not to abate on the removal of . » . . 2Q6 INDEX TO THE LAWS. Page EXECUTORS, ADMINISTRATORS, &c. Successors to be made a party by scire facias . . 206 Executor's right to the residuary estate abolished 205 Rqles against, must .be served personally or by publica tion . ...... 223 EVIDENCE.—Certificates, protests, &c. of public notaries made evidence in certain cases .... 209 Deeds proved by the affidavit of the witness and not signed, if recorded, shall be admitted . . . 213 Copies of certain bonds admitted . . . .213 Deeds not recorded in time admitted . . . .217 Copies of deeds admitted if originals are lost . .218 Certain deeds proven by one witness, &c. made evi- dencq ........ 222 Written testimony in the possession of a third person may be produced by a subpcena " duces tecum" . 226 Subpoena " duces tecum," how obtained . . . 226 Persons failing to attend on said subpcena liablelo at- tachment, &c. ....... 226 Parole evidence, when admitted • • • 226 Witnesses may file the instrument , 226 Females, testimony of, how taken in* civil'cases 22fr On indictments for gambling, a party engaged to testify 289 His testimony not to criminate him (except guilty of perjury) * . . . 289 Collecting officers, sheriffs, &c., what shall be con- sidered prima facie evidence of a demand for money 404 On coroners' inquests, how obtained, and must be written down ......; 405 The acts or signatures of Simon Whitaker as'Secre- tary of State, and of'Thomas II. Crawford for Abner Hammond, &c., evidence .... 251 FEES.—Security to be given for jail fees in certain oases 202 ♦ Clerk's fee for recording a guardian's bond ' . . 204 Clerk's fee for examining a return of a guardian, ad- ministrator, &c., in vacation .... 204 Clerk's, fee for registering the name of a notary public 214 * Clerk's fee for issuing a ]icense«to an attorney . .. 228 Coroner and constable* s fees in cases of inquests, &c. 405 Partition of lots fraudulently, fees in such cases . 406 Allowed state-house officers on grants . . . 296 Of the clerks ofithe Court of Ordinary -in certain cases . . . . . . . . .113 FEMALES (See Interrogatories). . In civil cases, testimony of, to be taken by interrogatories 226 Refusing to testify, how to proceed against them . 226 Not bound to perform patrol duty . . . .410 FEME COVERT (See Administrators). Dying intestate, husband -may administer on her es- tate " 207.220 Husband not bound to distribute . . . 207.220 FEME SOLE (See Estates). Guardian, administratrix, or executrix, marrying, let- ters to abate during the coverture .... 223 Husband may take out letters, &c. .... 223 FERRIES.—Altamaha River.—Cartels ferry established and vested in the proprietors . . . 362 amended . . 368 One "across at Berryhill's Bluff, and vested in Lewis Hall 362 The act establishing Linder'g amended . . . 376 One at Beard's Bluff . 380 The act establishing one at Fort Barrington amended 382 Man's ferry established ...... 385 One at Town Bluff established .... 376 Broad River.—Denny's ferry established . . . 375 Chattahoochie River—Rates of ferriage established on said river . .• 367 Van's (in Hall county) established .... 368 Bozeman's (in Gwinnett county) established . . 376 FERRIES.—One in De Kalb . . . . -380 One authorized at Matthew McWright's . • • 385 One (in Hall) known as Obadiah Light's . . • 394 One (in Gwinnett) and vested in Charles Gates . • 395 Flint River.—One at Fort Scott ..... 367 Rates of ferriage established on said river • • 367 One in Dooly county . 378 Three across the river in Dooly county . . . 380 One across, in Houston county . . . .381 One across, in Upson county, and vested in Samuel Cal- houn 386 One in Early county, and vested in Susan Tinsley . 387 James Gray's, established, and Springer Gibson's . 387 One in Pike, and vested in Jonathan Phillips . . 393 One in Dooly, and vested in William Lamkin . . 393 One in Upson, and vested in William Trice . . 395 John Rushm's ferry established .... 395 One in Pike, and vested in James Turrentine . . 395 Little River.—One established across, and vested in Ni- cholas Ware ancj N. Bussy 362 Ocmulgee River.—One in Jasper county, and vested in Ebenezer Adams ...... 368 One in Pulaski, and vested in. James A. Everett and James Rawls ....... 368 One in Jones, and known as John Sowell's and Zacha- riah Booth's . . . . . . 369 •One in Jasper, and known as William Scott's . . 369 Mark Patterson's established 369* Two in Jasper, known as John Cargile's and Joel Wise's One at Hartford . . . . . . . — Said act amended One in Pulaski, at Silver Bluff . ' One in Jasper, known as Key's , One in Jasper, known as Joseph Hardy's . One near the Long Shoals, and vested in George H. Brown ........ One in Houston, near the Piny Island Pitt's ferry established- One. known-as Pierce A. Lewis's . . . . Said act repealed ..... Oconee River.—One-established at Henry Joyce's land- 369 376 378 379 380 381' 384 386 387 38.7 394 362 382 Calhoun's ferry established" . Spring Creek.-Jbne across, in Decatur ccmnty, known as Martin Harden's 388 Tomalega.—Rates of toll on said river regulated . . 397 FISHING (See Rivers—Ocmulgee). • FRACTIONS'AND ISLANDS—In Appling, Irwin, &c. directed to be sold by act 244 An act amendatory of said act . . . 250 In Doolv, Houston, Monroe., &c., directed to be rented out ". 251 No. 241, 5th Monroe, to be sold by the sheriff . . 260 Time of payment extended to purchasers of . . 262 In the 12th and 13th districts of Ware county, directed to be sold . . . . . . . 262 An act to sell the residue belonging to 4he State . 266 Those unsold in Walton, Qwinnett, &c. tube sold, and how . 271 Indulgence granted to purchasers of . • • • 272 Draws of, legalized ...... 274 Purchasers of, again indulged ...... 322 Act amended giving indulgence .... 324 Further indulgence granted to purchasers of . 328. 337 On the Oconee, Ocmulgee, Flint, and Altamaha, di- rected to be sold, and. in what way . . . 437 FORTUNATE DRAWERS (See Grants). FRAUDULENT DRAWS.—Under the act of 1821, how proceeded against .... ... 249 xii INDEX TO TIIE LAWS. FRAUDULENT DRAWS. Lots condemned under the act of 1818, how parti- tioned ........ Under the act of 1825, how proceeded against . State's interest in lots condemned in Bibb, Houston, . and other counties, how disposed of The act so disposing of, amended .... The State's interest in lpts condemned in Lee, Musco- gee, &c., how disposed of - • • , • • Lots fraudulently drawn in Walton, Gwinnett, &c., di- rected to be sold Under the act of 1821,.how partitioned . . . Time limited for the,return of, under the acts of 1818, 1819, and 1821 . . ' . . • . . . . Time limited for the return of, under the act of 1825 . Purchasers of the State's interest in.Bibb,-&cl in- dulged . . ..... 333. FORT HAWKINS.—;An act providing for the temporary ^management and security of the reserve at . ' . FREE PERSONS (OFCOLOUR)—May sue by guardian or next friend .. . . . '• . In no case .to be sold into slavery . . ; FREE-SCHOOLS (See Poor^school Fund). . • A fund for the encouragement of,, composed of bank stock . . . . ., % Interest of it.only to -be applied, and reports ahnually . made . - . # . Superintendents of the education* of poor children to be appointed ( . . . _ A list of their names to be sent to the' Governor . '. Children to be sent to school over eight,'and undef eighteen, and not more than three years ;' and^census of, to be taken . . . .. .- '1 Glynn.—Commissioners of the academy of, authorized tp * establish Free-schools ' ." . . - '. ■ . r. . Who shall be beneficiaries ht said schp'ojs . . The operations of Glynn Academy fo cease > . Mclntoslu—-Commissioners of the academy of, author- ized to establish- one orN more »•, ' • - - • Emanuel.—Trustees of the Emanuel County Academy authorized to establish and appoint teachers . Who at said schools shall receive tuition gratis . Telfair and Ware.—Undrawn funds belonging to the academies of, added'to the Free-school fund . .Irwin.—All the academy funds of, added .to, •*-. Chatham.—Academy fund of, added to-, ^ ' Gwinnett.—Trustees appointed to establish in, . £>aid trustees to receive the funds of the poor-school . To have, the same powers of the1 trustees of thepopr*- schppl To adopt measures for the education of youth . GAMING.—Wha^ games are unlawful, anjl the playing or betting thereat . . . ... - Punishment for playing and betting, or betting '. Any of those engaged at gaming may be compelled to ' testify, &q. . .. . Judges to charge grand jurors specially on this act GAMBLING-HOUSES AND TABLES, &c.—Punish- ment for keeping gambling-houses, tables, or rooms . Keepers of, liable to penitentiary confinement . GARNISHMENT AND GARNISHEES.--In what cases , they may issue, and to whom .... Garnishee, when to appear and depose, &.c. . . Affidavit to be made before summons of, shall issue* . May issue when judgment is obtained .' Plaintiff, if required, shall make oath of the amount due When the sheriff must make an entry of no property . By whom it must be signed, and how served Garnishee failing to answer liable to an attachment, &c. Page 250 256 258 261 274, 275 '275 273 337 365 229 411 11 47 17 17 18 .22 22 29 ' 29 36 36 36 289 289 289 289 289 289 208 209 209 209 209 209 209 209 GARNISHMENT AND GARNISHEES. Money paid into court, how disposed of .. Allowed in the Mayor's Court of Augusta and Sa- Yjtnnah . . . . . ... To extend to any court hereafter established Affidavit of the amount due must be Wde and filed . Clerks'and sheriffs'duty relative thereto '. Any person indebted to defendant maybe summoned How to proceed when the debtor resides in a different county Garnishees bound tp make their return Bond and security must be given, as in attachments, by the person applying for the summons . "GLYNN COUNTY.—Courts to be held in the academy of, GOVERNOR (See Constitution). ■GRANTS, (See Lands). - For fractional lots in Wayne and a lot in Baldwin un- sold, may be taken out . . Signed:by Simon Whitaker, Secretary of State, and Thomas H. Crawford, for'Abner Hammond, &c. -made-evidence . : - . . . For lots, &c. in Wilkinson may be taken out For lands within the Indian reserves, &c. made valid . .To take PUt by the act of 1824, time extended . of 1825, ; . . ^of 1826, . • " . —r, —of 1827 and 8 -. . 269. Fortunate drawers in the lottery of 1827, allowed fur- _ . ther time to take out . . . . ; . Grantffees reduced to $ 12 . . ; • Veto by the Governor to said act.—Repassed Time extended tp'take out . .. L . 275. The Governor and Secretary of State to correct er- . rors in . '. . . Informers who take outr entitled to preference . For lands in the first, district Muscogee, made valid . , To contain a reservation of all mines, ores, &c. ; repealed , Fees, on, allowed the State-house officers . GREENE COUNTY.-r-'The purchaser of lot No. 32, in the University tract of land in said countys indulged GROVES, JOHN 1., AND ELIZABETH HAINES.^A certain will carried into effect according to their pe- •tition GUARDIANS.—(See Executors and Bonds.) ^ - How their bonds are to be sued . ... } Securities to, sued with the principals . ' . Bonds of, considered, and all to be sued as joint ub- ligcfrs- . Judgments how entered against, and executions how to issue . . ^ • .- To .take an oath and give bond and security May be removpd for mismanagement, and suit not to abate on . Natufal, required to give .bond and security .. . . Refusing to give security, the court shall appoint Their bonds declared binding in certaincases . > How to obtain letters dismissory . ... Clerk to give bond when he becomes guardian . • Bond to be double'the'ward's property . • ■ For illegitimate children how appointed . • . Slaves may be hired by, publicly or privately Slaves may be kept together by them May cultivate the plantations of their wards, or may purchase or rent land for their benefit . Of free persons may resign by the consent of the court ........ HABEAS CORPUS.—A majority of the Inferior Court necessary to discharge or admit to bail on the trial of, rage 209 209 209 212 212 213 213 213 213 216 124 251 252 252 252 258 261 339 341 341 341 346 €64 266 269 286 286 296 319 34S 200 200 200 200 204 205 212 212 216 217 217 217 219 229 229 229 229 211 INDEX TO TIIE LAWS. Xlll IIARBOUR-MASTER (of Savannah).—To be appointed by the mayor and aldermen of the city of, His compensation . . . . J. HEAD RIGHTS AND BOUNTY WARRANTS.—The Inferior Courts of Walton, Gwinnett, Ilall, and Ha bersham authorized to sign warrants on, The time limited for taking out grants for land sur veyed on, An act to extend the time for taking out grants on amended . ... Time ol taking out grants on surveys on, &.c., ex tended The several acts amended and revived in relation to va cant lands, head rights, &c. The several acts in relation to vacant land and lands surveyed on head rights and bounty warrants, jre vised and amended^ • Said acts continued in force ..... Time extended for taking out grants on, » . 303 HEALTH OFFICER (Savannah).—The appointment of, vested in the mayor and aldermen of t,he city of Savannah, and his compensation , HENRY COUNTY.—The records of certain deeds in'the clerk's office of the Superior Court of, made valid . ILLEGITIMATE CHILDREN.—Guardians to be ap- pointed for them, and how, and by whom Lands drawn by them as orphans, not fraudulent Dying intestate and without issue, lands drawn by them to vest in the mother INDIANS.-Not competent witnesses, nor their descendants The frontier Settlements protected from the intrusions of the Creeks * . . . . . 1 Not permitted to cross the Chattahoochie without a permit . . . ... May be apprehended by warrant for so doing . The territory occupied by the Cherokees added to certain counties* . . . . , . . . The laws of this State extended, over said territory After the first of June, 1830, subject to our laws Civil and criminal Jaws of this State extended over all persons residing therein after 1st of June, 1830 All Indian laws, customs, &c. declared null and'void after that day, and said laws, customs, &c. no justi- fication . ....... Penalty for preventing the enrolling of, as emigrants . How suits are to be instituted and prosecuted in jus- tices' courts against them* * Who are competent witnesses among Indians INCORPORATIONS.—Agricultural Society of Putnam incorporated The Thespian Society of Milledgevijle incorporated . The Darien Eastern Saw Mill Company do. The Mcintosh* County Female Asylum do. The Washington Turnpike Company do. The Augusta Free-school Society do. The Georgia Mutual Insurance Company do. The Grand Royal Arch Chapter of the State of Geor- gia incorporated • * . ; The Darien Poor-house and Hospital Society incorpo- The Medical Society of the city of Augusta incorpo- The Georgia Mutual Insurance Company incorporated The St Andrew's Society of the city of Augusta, do. The Trustees of the Masonic Hall in the city of Au- T^eSavannTh Steam Rice Mill Company incorporated The Medical Academy of Georgia . do. , - The name thereof altered - May confer the degree of M.Dj . 24 Page 438 452 116 246 251 252 253 257 260 309 452 347 219 346 346 198 197 197 197 198 198 198 108 199 199 199 199 187 187 187 188 189 191 191 192 193 193 194 194 195 195 196 197 197 Page INCORPORATIONS.—The act incorporating the Roman Catholic Society of Augusta amended . . .188 The Library Society of Augusta incorporated , . J 95 INFANCY.-—If plead by one joint obligor or promisor and sustained, the action shall not abate . . .212 Suit may progress against the others . . .212 INFORMERS,—Who take out grants, entitled to prefer- ence . 266 INJUNCTIONS.—Bills of, must be sanctioned by a judge of the Superior Conrt . 219 INSURANCE COMPANY (Savannah) .—The act in- "corporating amended 75 INSURERS (See Attachments). Attachments may issue against them in certain cases 229 . Proceedings how to be conducted against them . 229 INQUESTS (See Coroner). INTERNAL IMPROVEMENT.—A fund for that pur- pose created, and the interest only applied . . 9 •Superintendents of roads and rivers, how appointed . 399 $50,000. appropriated to 399 One hundred and ninety negroes to be purchased for, "399 The number of superintendents, and where placed . 399 The public hands (slaves) taken from the rivers . 399 Unexpended appropriations for, how-disposed of . 399 "Salaries of superintendents and overseers established 399 Who shall designate where the bands "shall work . 400 Commissioners appointed for Flint river, &c. . . 399 Seven (7) o-verseers to be appointed ' • • . . 399 Superintendents to provide for the maintenance of the hands, &c. . . r . . ... . 399 Where the public Bands are to be placed . . - '. 399 City Councils, &x. to order where thepublic work must be done. ....... * 400 Roads may be altered . . . * . . . 400 Penalty for impeding, &c. the public roads . . 400 The- diities'of the superintendents prescribed . . 400 Tools, by .whom and out of what fund purchased . 400 Superintendents to give bond and security . . 400 Negroes, how to-be purchased .... 400 Necessary articles, how purchased * 400 Road laws not to be affected by this act . . ^401 INTERROGATORIES.—Testimony of females may be taken by, in the Superior and Inferior Courts . 226 What to be done if a female witness refuse to testify . 226 IRISHMEN.—Escheated estates of, in Savannah, to vest in the Hibernian Society . . . . v 321 IRWIN COUNTY.—An act for the relief of owners of land in the eleventh, district of Irwin, now Lowndes county * ISSUE {By Births).—Born pending a suit at law or in equity may be recovered by amending the declaration " or bill . . • • • JAlLS AND JAILERS.—Keepers of, required to receive persons arrested in ffivil cases . . Of Mcintosh may refuse to receive prisoners from other -counties . r. JEFFERSON COUNTY.—The Inferior Court of, author- ized'to sdl a lot in Louisville and to levy an extra tax JENCKS, EBENEZER (See Canals). JUDGMENTS.—Binds all property of the defendant from itsTlate . . . . . • • When there is an appeal bound from, the signing on the appeal ........ Defendant cannot alienate property after the appeal . Obtained at the same term considered of equal date . No preference by placing an execution first in the sheriff's hands ....... If no execution has issiled on within seven years, void If no return in seven years, void .... 348 221 201 . 126 268 209 209 209 209 209 209 209 xiv INDEX TO THE LAWS. Page JUDGMENTS.—Obtained since 19th December, 1822, and no execution issued in seven years, void . .214 But may be renewed by the usual forms . . . .214 Declared void by the act of 1822, to be in full force . 214 The third section of the act of 1822 repealed . • 214 The assignment of, authorized . 225 Purchasers, for a valuable consideration without notices protected, if in possession for a certain number of years". . . . . . • - • . 209 JUDGES (Of .the "Superior Courts).—Not permitted to: practise as attorneys in 4he Circuit or District Court of the United States.. . Their duty as to peace bonds • ' • . • ' To chargegrand'jurors specially on gaming offences i Required to sanction certain bills . . .• To attend* at the seat of government once a year to establish uniform-rules or practice ^ Of the Court of Common'Pleas (Augusta) to be elected by the Legislature- . . .' JURISDICTION (See United States). JURORS AND JURIES.—Inferior Courts failing to draw a jury at-the regular term authorized to draw in vaca-. 214 220 289 219 2-18 tion . 199 On failure to draw at court-they may~be "drawn at any time . . . . . . .. . I The clerk's and feheriff'sMuty in such cases ' 'i. . Liable, to* serve as, if drawn at the regular term ... . Grand, required to examine the clerks^offices, &'c. Grand, not bound to take notice of offences until sworn On inquests to remove nuisance, how obtained On a coroner's inquest, how notified to attend . . Their powers and duties on. inquests ■. - • . Appling.—The Inferior Court authorized to draw, Early.—The Inferior Court authorized to draw, ( 199. 199 199 2,88 405 405 1232 232 Pago LANDS.—Purchasers of State's interest, &sc. indulged • 334 Lots No. 10 and 100 to be sold for the education of poor, &c. \ 274 The mode of partitioning, prescribed Lots No. 10 and 100 lying in Ware, Irwin, &c. to be sold ......... „ The money to be paid into the treasury LAND LOTTERY (See Grants, and Drawers, and Frac- tions).—Certain drawers in the lottery of 182 t'relieved 270 For other reliefs under this head, see Grants.fully LAND vCOURTS.—Time of. holding, changed Clerk of, in Burke county, how appointed LIEN- (See Master Carpenters, &c). LIMITATIONS, &,c. (See Fraudulent Draws). LOTTERIES.—One authorized for the benefit of the Male and Female Academies of Greensboro . "One for Salem Academy, in Clarke county One authorized for a turnpike from Athens to Au- .gusta - . . _ . . ..." One^authorized for the Sparta Academy, in Hancock One for assisting the. Eatonton Academy, Putnam . One for building a Masonic. Ilall in Miiledgeville One for the erection of monuments' tojthe memory of - ' . Greene and Pulaski in the city of Savannah . .277 - One for the benefit.of the Poor in Burke county . 277 ' One for the Wrightsboro Academy, in Columbia county 277 219 45 45 241 219 276 276 276 276 276 277 Appling artfd Walton.—VI hd have, been fined authorized to render their excuses . . v .; . -302 Columbia.— An act -for the relief -. ' . . 348 Camden.—The justices of the. Inferior- Court^f Camden ^ - . . authorized to draw grand and petit, to serve next term 204 Sixty grand and seventy-two-petit, allowed'Superior - Court in Richmond . . . 219 JUSTICES OF PEACE.—Liable to be ruled before'the Superior Court-fof money collected officially and not paid over . . • " .. . ". 203.403 The mode of- proving open accounts (in cases out of the county) ' .' . .. - . ..221 . To appoint' patrols in certain cases \ ' . . .412 Wct7/ne.—Compensated for attending elections in, ■ .' 409 KIDNAPPING (See Penai Code). . : ' LANDS.—The act of 182-1 disposing of, obtained on the 8th day of January, 1821 . . ; -. 246* said act amended ~ ' . 250 The act of 1825 disposing .ofj" obtained at fhe Indian Springs said act a'mended The twelfth section of the act of 1825 repealed . The amendatory act a'mended .- . . • . The amendatory act amended by an explanatory act . Relinquished, and fraudulent lots in the lottery of 1825 directed to be disposed of . . . . . Certain lauds, from " Ellicott's Mound" to the junction of Flint and Chattahoochie, not to be surveyed or. granted . . ... - . . The residue of lands belonging to the State to be sold Said act amended . ' . * . The unsold lands on the Ocmulgee River adjoining Monroe and Jones directed to be sold . ... Purchasers of State'3 interest to be put in possession Square lots in the first district Muscogee relinquished to be sold ,,,,,,, y 253 258 260 259 259 265 265 266 271 268 270 270 ' -. One for the De Kalb County Academy • Onefor the Masonic HalUin Macon • One for a Masonic Hall, in Monroe, Walton county . Trustees of Jasper County Academy authorized to raise by a lottery <$3,000 ■ . . . - . - Tr-ustee's of Madison Academy, Morgan, authorized to raise by u lottery $3;000 . . . . . Commissioners of-'Washington County,Academy au- " thorized to raise. $ 10,000 by, ", Trustees of Clinton Academy, Jones,- to raise: by, not .. -exceeding. $5,000- Certain commissioners authorized to raise by, $ 10,000, for the benefit of the Fayette County Academy Trustees of the" Madison County Academy authorized to raise for the benefit of, $.5,000, by lottery .. LOTTERY. TICKETS, &c.—The'sale of, prohibited, un- less authorized so to-do ... LUMBER .MEASURER,—-To .be appointed by the com- . ' missibriers of towns, if none by Inferior Court MACON.—An act,to preserve the timber, &c. Bank of, incorporated • s Bridge across the river at, to( be sold Fotfr acres of land given to, as a burying-ground . Certain-unsold lots in,'directed to be sold . . . 262 ' Purchasers of lots in, indulged". . ... . 328 Plaintiffs may pay the StateNvhat is-due and have.the . - lots Sold . • • . , . 328 Purchasers of town lots indulged " . . . . 344 .Bridge authorized to be built . i . . . 304 Laid off and .incorporated . 437.444 Said act explained • - . .. . - . - . • 459 ;An act to sell-40 lots in, . .• . • 448 An appropriation made for building a court-house in, . 454 . Twenty half-acre lots in, to be sold . ... 457 Further sale of lots in, authorized" . . • 460. 466 The corporate limits of, determined .... 462 MASTER CARPENTERS axd MASONS.—-Liens given on buildings erected by, in Savannah . . .301 said act amended 307 Lien given, &c. to, in Augusta .... 307 .= in Richmond and Chatham counties 366 — in the town of Columbus . . 342 , ———— Miiledgeville . . 438 —,— —-—r—r-r-r Macon , , « 458 277 278 278 21 27 45 48 52 54 276 14 . 466 . '71 262. 397 . 89 INDEX TO THE LAWS. XV MASTER CARPENTERS and MASONS.—Liens given, rT t t^C" tf>' *n ^ie town of Decatur .... MLLLLDGEV1LLE.—Certain acta of the commissioners legalized . The act amending and consolidating the several acts, &-C. repealed An act amendatory, &,c. amended .... . The corporation authorized to establish a Fire Company .MILLDAMS (See Rivers).—-David-Adams authorized to open a sluice through his milldam on the Ocmul- gee river Peter J. Williams one on the Oconee, near Mil- ledge ville . . .. . t . James G. Stallings one on the Savannah river . John. Ardis one on the Oconee Dawson, and Amisv and Thomas Legon to erect locks, &,c. Robert Cole, on the Alcofauhatchie river . Wyatt Whatley, to join one to a fraction, &c. . David Terrell authorized to erect, across Flint river . MILITIA.—Two new brigades formed, and.a sixth divi- sion created . . . ' . A legionary c6rps in Chatham established . - p . —-—c- said act amended Forty-second section of the Militia Law amended Safd act amended, so far as respects Darien A volunteer company of light infantry (Washington) Brigade inspectors, their duties prespribed Adjutant General to consolidate'returns, &c. St. Mary's Guard incorporated Rifle Corps encouraged ...... A squadron of militia authorized in the First Division Darien Hussars on the same footing of the Liberty Troop . Three new brigades laid off, and the Seventh Division created ; . Pay "of division nnd brigade inspectors per day $4- Allowed to charge for not exceeding forty days . Volunteer companies of ChathanT authorized to recruit, &,c. . . v . .... . : to consolidate and form one troop The Militia Law, as far as respects Richmond county A legionary corps authorized in Augusta . The " Clinton Independent Blues" authorized to enlist members from the thirty-first regiment .' . — said company exempt from battalion and regi- mental, &c. ........ Brigade musters to be held at Garrey's hill (Liberty) {Liberty).—Battalion and general musters in, regulated New brigade created^and atteiched to the Fifth Division, Lovmdes county to be laid off into districts, &c. -. An additional volunteer corps authorized in Hall The Ninth Division created . . The law requiring the senior officer to preside at courts- martial repealed The officer holding the highest commission to preside The Eighth Division created ^ Butts county added to the 2d brigade of 5th division . Pike county added to the 2d brigade of-the 8th division Company officers authorized to uniform in homespun •Richmond.—The colonel to brevet in certain cases Augusta.--*The fire company of, to be in number one hundred and fifty » Persons serving six years in any volunteer company in Au-rusta exempt from militia duty in time of peace Captains of companies in Augusta exempt from jury Who must superintend elections of field officers tr i..„(nor p.fimnanips in- Monroe and Lincoln encou- Page 462 431 436 468 473 307 308 308 309 309 305 3H 345 278 ,273 280 279 279 279 279 279 280 280 280 281 % 281 282 282 282 282 282 283 283 283 283 284 284 284 284 284 284 284 V284 284 285 285 . 285 285 285 286 Volunteer companies in* Monroe yaged . 286 MILITIA.—Aliens exempt from militia duly . . .321 Ferrymen exefhpt from militia duty . .- —324 MINES, ORES, &,c.-—Grants to contain a reservation of, to the State . . ... . ... 286 Persons concealing, &lc. liable to penitentiary confine- ment 286 Premiums to persons who reveal-or discover the same 286 The act reserving the same repealed, and vested in the grantees, &c. ' 286 MONEYS (belonging to Counties).—Officers and others who receive it to pay it to the Inferior Court, and take a receipt . ... MORTGAGES.—Rules for foreclosure to be published once a month for six .... Executed prior to December, 1827, if on land, to be recorded in twelve months . If on personal property, how and in what time .- When mortgages shall be recorded . Proving the handwriting of a' witness, sufficient to admit to record in certain cases . * . Mortgages hpreafter.executed to be recorded in'three months - . Failure to record in three months, judgments and se- cond-mortgages shall have preference, &c. On property out of the- State, when and where to be re- corded . . . " . On real property may be foreclosed in six months Notice of foreclosure, how and in what manner to be given MUSCOGEE.—-Sales of certain lots in the first district-of, made valid i NAMES, (including Private Acts).—Aultnlan, James, and others, names changed ...... Albritton, Avey Merany, and others changed Andrews, Bolan, his name changed ...» Best, William H., and others,-names changed Barnett, Caroline, legitimated and name changed Bellah', John, name changed ..... Burton, Maria E., name.changed * . / Bass, Buckner, and(Ann Dozier, and marriage legalized 333 Butcher, John, his name changed * . , . 345 Beauchamp, Martha, constituted the heir of Isaiah Parker, ........ 347 Campbell, Smith Scott, his name changed . . .298 Chandler, Solomon, and others, names changed . 300 Clark, Allen, and others, do. . .318 Cooper, Reuben, and others do. . . 326 Dunn, Mahala, and others, names changed and legiti- mated * . • • « .' . 295 Desjardins, Francis, name changed .... 317 Davis, Nancy, name changed and. legitimated . • . 318 Dixon, William G„and others, names changed and le- gitimated . . . . . * . . .341 Davis, Gadsey, name changed and legitimated . .* . 345 Daniel, Nancy, and others, names changed and legiti- mated Flaridav, William, name changed and legitimated Fielding, Young G. W., and others, name's changed and legitimated ....... Fuller, Jesse G., name changed and legitimated . Flowers, Mary, and others, names changed and legiti- mated . . V. Grogan,-William, name changed and legitimated . v George, Jesse D,, and others, names changed and le- gitimated ........ Hollingsvvorth, Aaron W., and others, names changed and legitimated 299 Hodgins,' William, and others, names changed and le- gitimated ........ 299 JIutto, Amos P.., nam,e chapged jmd legitimated! . 305 . 201 218 222 222 222 222 222 222 '230 . 230 . 348 304 320 302 311 325 330 332 350 305 317 321 333 317 324 XVI INDEX TO THE LAWS. N NAMES.—Harris, Stephen L., name added to, ^Jill,- Ilenry, name changed and legitimated Ilill, Lewis 13., do. do. Ilendrix, Barbary, and qthers, names changed and Je- gitimated >, Harrison, Mai;tha R..T., name changed and legiti- mated . . . . . •* Johnson, Samuel, name changed and legitimated James, James, and others, names changed -and legiti- mated . . . . , Jarrell, James A., name changed and legitimated Jones, Solomon/ do. 6 do. Leverctt,. William, and others, names changed and le- gitimated . - . • .... McCoy, Pinkethman, name changed and legitimated Meads', Alexander, ■ do.-. do. ( ., McGougb, John W., . do. • do. , . Norwood, John, - , do. * . do. Oshorn, Winney B., and others, names changed and Je- .gitimated *. . 1 -. . . .319. Presfiett, John E. W., name-changed.and legitimated Peoples, Daniel L., do. do. • . Pennington, Stokes, and others,. n^"me3 changed; and legitimated t . . " . ' ' v~.- . and others, names changed'and le- Parker, William, gitimated . -Reid, Thomas L. Roberts, Charles, Rogers, Curran, Rogers, Isabel, Roach, Lacinda', Rose. William: 4 name changed and legitimated . do. do. ■■ ". . .dol • .do.- " . do. - do. . do, do. * . " a do. . do. . . . Ray, Eliza Adeline, and others, names changed and legitimated ... . . ... Spencer, Jared, name changed and legitimated . Sims,'Louisa, ' ' s .do." do. ' .. . Satterwhite, Levi, ..do. doJ • . Standifer, Samuel," 1 do. do. . '.. Stuckey, Betsey Ann, do. "do. \ Sauls, Eliza, do. 'do. . ■ Stewart, Amos, * " do. . do. -' Tanner, Sarah, do. ' do... • . Wilson, Elizabeth," and others, names changed and le- ^ gitimated . . . . . T ,• Williams, Adrian T,, and others, names changed and legitimated . . " . . Wilson, George A., and others^ flames changed and legitimated ... . . Williams, William, name changed and legitimated . Whitfield, Elzekiel, do. do. . ' . Names changed (including many persons), by the act of 1829 . .... . •; . 346, Persons legitimated . . " . . . NAVIGATION (See Rivers). NE EXEAT.—Must receive the. judge's sanction . NOTARIES.—To be appointed by the commissioners, of corporations, if any, otherwise by the Inferior Courts. Certificates, protests, &c'. of, made, evidence Party relying on such, as evidence must file the original &c. or a copy at the first term of the court. , „ The Inferior Courts to liaVe the sole and exclusive pCwer of appointing,. . . 4 . . Their names to fie registered by the clerk, &.c. . NOTICE.—Purchasers without, for a valuable considera- tion, protected under seven years, possession of real . and four of personal property . . . NUISANCES.-—How to be removed or abated Grist mills, &c. may be removed, and how.' Mode of redress when created fiy saw or grist mills, &c. . . . . . • . . Page 319 319 322 325 324. 324 311 329 334 334 300 303' 331 338 302 323 322 325 344 347 302 "319 325; 327 .330 •334 343 319 325, 334 337 344 350 317 338 "325 325 331. 337 337 347 347 219 14 209 . 210 214 214 209 288 288 268 66 413 223 220 220 • i, 1>afe OFFICERS, PUBLIC.—Collecting money and refusing to pay it over, liable to pay 20 per cent. . . 403 Not to be commissioned, if holders of public moneys . 296 Oath in regard to public moneys - . . . . 296 Vacancies, how filled ...... 297 The oath against duelling amended .... 297 OATHS,—To be taken by public officers against duelling, &c '297 OBLIGORS, JOINT (See,Infancy-and Bonds).—Infancy, if plead by one joint obligor or promissor and sus- tained, the action shall not abate . .212 PARKER, 0. R.—Reimbursed for taking the portraits of Washington, Jefferson, Franklin, Oglethorpe, and * Lafayette . .. . . ... PAAIPIJLETS (Insurrectionary).—The" circulation, &c. of, with an insurrectionary intent among slaves shall , _ be punished with death ■ . PARTIES (See Administrators^.—When to be-made by •, ' scire facias . . « . ..... PARTITION'OF LAND.—Writs of, to be directed to five •freeholders .' . - . . . . .219 , Freeholders to select a surveyor . . . ,.219 PATItOL DUTY (See Slaves).—How it . shall be per- - formed'in the city of Savannah; .- . . .410 Females'not liable to perform • .♦ 410 Justices of the peace ivhen to. appoint patrols ~. * . 412 RE ACE BONDS..—Must be returned to the next Superior . .Court after taken . . . . * . 220 The judge at said-court required to inquire into, . 220 The judge to discharge, when the"grounds are insuffi- cient . .. . . Additional affidavits rpay be received, &c. , PEELERS.—/To obtain license from the Comptroller Ge- / neral" . ' . - . .. . . . .- 320 • . Their, age, size, &c. to be described by the Comptroller 320 RENAL CODE.—Crimes at common-la\y which fiy.the code are punished with four years or less in the peni- tentiary, ho.w in future punished ... . 287 . New created, offencds under the code-, how to be pu- ' nished ' . •. .. . . -287 All other crimes punished by the .code, hdw to be pu- nisfied • • • • Discretionary punishments to Be decided by the court Crimes recognised.prior to the Code and punished with * four years' imprisonment or lessen future not less than four years ... . ... . • . Crimes, by less thaff four years, in future to be punished by the laws in force previous to the code • 'New created offences-punished by the code with death, , . in future* to be punished by death ... Other new offences punished by the. code with confine- ^ ment in the penitentiary, ii\future not less than four years nor more than seven years, or by fine and im- * prisonment. All offences punished by the code and not provided for, - to be punished, by the code • \ • All offences punished by la^v before' the code, and not provided for by the act of 1822, to be punished as be- fore the code ... • • i* Fines inflicted fiy way of punishment to continue Kidnapping or abducting a white person from out of the limits of the State punished with seven yqprs in the penitentiary . „ . . • How convicts shall be conveyed to the penitentiary PENITENTIARY.—Convicts' not to be removed by. the sheriffs in future, how to be carried to, . Board of inspectors reduced to three, and how elected 287 A storehouse to be erected .without the wall of, . 289 ' Inspectors to exercise a discretion in sales, &c. and rations . » . . . . . 289 287 287 2^7 287 287 288- 288 -288 288 288 326 326 INDEX TO THE LAWS. xvii PENITENTIARY Debts due, ordered to be collected . 289 Physician and his salary . . . *. . .289 Escapes, at whose expense tried in future, and Baldwin county refunded expenses for trial of escapes . . 289 The mode pf proving accounts due f 290 Inspectors authorized to employ an assistant clerk . 290 Officers of, in future, how appointed . . . 290 Inspectors to make quarterly returns, &c. . .290 The Governor's powers, &c. in relation to the removal of officers ........ 290 One hundred and fifty cells to be erected, and the con- . victs to aid in the building of, ... 290 An appropriation to aid in building said cells . . 290 Convicts when at labour, how arranged . ". .290 Convicts to be in solitary confinement when not at ( labour ^ . . * . . . . 290 Keepers and inspectors may make by-laws . 290 The offioers to remain in their department, &c. . .290 Principal keeper required to make an estimate, &c. at beginning of the year . . . , . .291' The inspector's duty in procuring materials . .291 No officer of the institution to be contractor . .291 Physician's salary $300 . .. . . . .291 PERSONAL PROPERTY.—How fa recover possession of, when the same has been taken by fraud, violence, &c. . . . ; ' .• . . . .207 A warrant may issue.for the apprehension of, &c. * . 208 Question' of possession, how tried * . . . 208 The party recovering, or retaining possession, to give bond, &c. . . . . .# . . 208 The securities liable for the .eventual condemnation money 208 When the defendant may be compiitted to jail . . 208 Persons commencing suits for, may have bail in law or equity 208 Proceedings as in cases of bail . 208 The sheriff to take bond in double the amount sworn to 208 Bail security, how bound . • . - . . 208 Bail may be taken out pending suits, &c. . . . 208 Issue born pending suit, may be recovered in the same suit .. . • *. . . . • . .221 PERSONS, TURNER (See Clerks). PHYSICIANS.—The mode of gra'nting a license to, regu- lated . . . . • • • • 291 Practising without a license to be indicted and fined *291 Bonds, notes, &c. given for services without a license, void . . . . . • •' .291 A board of, created to examine, &c. applicants .291 - incorporated . ' . . . • • • 292 Temporary license may be granted to, • • 292 Names of licensed, to be entered in a book, &.c, .• 292 A Medical Society established in the city of Sa'- vannah . . . • • • 292 Persons practising in Savannah to be examined by the . , *• ° . oqo society . . ♦ • • • • The Medical Institute of Georgia may confer the de- gree of M.D. . .• • • • . - . 197 POOR. The Inferior Courts of Burke and Elbert counties authorized to levy an annual tax for the benefit of, . 294 ' The Inferior Courts of Jasper, Jones,'and Monroe au- thorized to establish an'asylum for the invalid poor , 294 The Inferior Court of Richmond county authorized to purchase a lot for erecting a building for the main- tenance, &c. of, ...... 293 The Inferior Court of Washington county authorized to establish an asylum for the invalid poor . .294 The Inferior Court of Wilkes county authorized to levy a tax for the benefit of, • 293 POOR CHILDREN (See Poor-school Fund).—Lots No. 10 and 190 to be sold to aid in their education . 274 POOR CHILDREN.—Commissioners of the Mcintosh g County Academy may establish one or more free- schools POOR-SCHOOL FUND.—How disposed of, . .11 Poor children to be educated, and superintendents to be appointed j A list of their names to be taken, and how .11 Twelve thousand dollars of the fund to be divided . / \ 1 Children to be sent to school in their neighbourhood . 11 Inferior Courts to make 'report to the Senatus Aca- demicus . . . , . . . .11 Children, of what age and* how long to go to school, and a census of, taken . . . . .11 Twenty thousand dollars to b& annually distributed among the counties', according to white population . 14 Persons appointed to distribute to give bond and take an oath . . 14 To draw on the Governor annually, &c. • . .14 Objects of this act, how selected . . . .14 The Inferior Court, where ther.e are no trustees of the • fund, authorized to "receive it . . . 3J Trustees of, to make annual returns to the Governor, '' &c. or he withhold • * . ' . . .39 Trustees of, who have failed to make returns, may do so now, &c 43 Clerks of the Courts of Ordinary appointed sole trustee of 49 • -—■—- may sue and be sued, to give bond and take oath ......... 50 * oath to be entered on the minutes. Clerks compensation ....... 50 —: should the clerk refuse, the court to appoint . 50 Trustee of, failing to furnish the Senatus Acadproicus, through their senator, with a report, forfeits his fees . . . 50 ■.to receive the funds from former trustees . 50 Justices of the peace to make out a tlist of the poor children of their district entitled to the benefits of, . 50 Teachers to submit-thelr accounts for approval and pay- ment ....... 50 The Governor to draw his warrant for any share, &c. 50 Trustees of, to transmit annually two accounts to their Senator *. . . ... . .50 on failure, to draw.no further dividend of, . 50 making Full returns, entitled to draw . . 50 On what authority the money is to be drawn . . 50 When two academies, one failingand the other complying, the one complying entitled to the whole dividend . 50 Inferior Courts may appropriate to academies surplus funds 50 Trustees, to pay the teachers quarterly , . .56 their duties when the justices fail'to report . 56 The Governor to make distribution of, among the coun- ties ......... 56 ' The revenue raised from the tax on pedle^s to be added to, 320 Appling.— Academical fund added to, and the trustees of, incorporated ....... 33 Baker.—Academical fund added to, and $50.70 of Early also added .. . . . . • • . -41 Persons to be appointed to take the census and return 40 Compensation of said persons 41 repealed as to the $50.70 58 ■ Chatham.-^-'The fund of, vested in the directresses of the Free-school Society of Savannah . . . .22 . ; to make annual reports to the Senatus Academicus ....... 22 Decatur.—Academical fund added to, . . . .32 Dooly.—Academic fund added to, ... 42 Trustees of the academy to pay over the fund of, . 42 xviii INDEX TO TIIE LAWS- rage POOR-SCHOOL FUND.—Effingham.—Vested in the Inferior Court 22 Emanuel,—The academic fund, &c. consolidated . . 56 Franklin.—Trustees of, to make annual returns and set- tlements with the Inferior Court . • • .37 to meet quarterly at the court-house . . 37 — to appoint sub-trustees in each district . _. 37 — to appoint secretary and treasurer, and their compensation . • .37 penalties for retaining money belonging to, . 38 HancocJc.—The. Inferior Court annually to appoint a com- missiorter for each district* . .. . . . 44 commissioners to account once irt four months 44 . the fund to pass through the hgmds of said court 44 • Houston.—Academic fund added to, and trustees incor- . porated to'receive . .. . * . .39 • Poor children entitled to its benefit 39 Jackson.—Divided into eleven districts, and five commis- sioners appointed for each . . . S. 46 Schools to be established in each district " 46 The academy and poor-school fund to be equally divided among the trustees . . . 46 The money belonging to, to be paid to the trustees 46 Habersham.—Trustees ; a sum ordered to be paid themi 56 Irwin.—Academic fund added to, and trustees appointed. to dispense the benefits of ; . . .. ,. 47 iJones.—Trustees appointed to draw the fund , .. 48" to apportion-and distribute said fund . ,. 48 — shall appoint sub-tr.ustees ; and .their duties ge- nerally ' v . v . ; .48 Lowndes.—Academic fund added to, and trustees of, in- corporated 1 . . . . .. 37 !- poor, children entitled to the benefits :. 3.7 . Montgomery.—Academic fund added to, . , v . . \58 Commissioners* of the academy to pay to the trustees of,;' their fund .. . . . . • . . „ > 58 Trustees to draw on the.treasury . .58 Rabun.—Academic fund added to, . • . ' . ..41 Vested in certain commissioners named and incorpo- rated . \ ' . . .•*... . . 44 ■Tatnail.—Academic fund added to, . ' ... ; v 32 Trustees to judge of the qualification of children enti- , tied '. . . - J . . 44 Ware.—Academic fund added to, and trustees of, incor- porated , . . ' . .. » . 31 Two trustees added ; and to, establish district schools 43 PILOTAGE.—rThe act granting certain powers to the com- missioners of, in' the.city of Savannah, amended . 480 POSSESSION (See Personal Property).—To be delivered to purchasers at sheriffs' sales . . ,. ■ . 405 Certain length of time protects^ without notice against judgments . . . . . . . 209 PRESIDENT and VICE-PRESIDENT (U. S.)—Electors' of, how chosen • . j . ' . . . 159 Elections of electors of, how conducted ; and returns to be laid before the Legislature . * . . . . 159 Electors of, must have a majority,—if not, the Legisla- ture to elect . . . . ' . . . 159 Persons carrying returns of the elections, &,c., how compensated . . . . . - . . 178 PRATT, VINCENT A.—The Governor authorized to is- * sue a grant to him in Muscogee county . . 343 PRIVATE ACTS (See Names and Relief). PROMISSORY NOTES.—Endorsers of, placed on the same footing of securities . . . . .76 PRISON BOUNDS.—To be laid off by the sheriff,, under the direction of the Inferior Court {ten acres around the jail) . . 203 Bonds for the limits to be taken ; and violations of, ren- der the securities liable . . . . . 204 1'agc PRISON BOUNDS.—Officers refusing such bond liable to indictment" ...... . 204 — for taking insufficient bond, liable, &c. . 204 The privilege of, extended ..... 308 PROCESSORS, JOINT (See Infancy). PROTESTS (See Notaries). PUBLIC OFFICERS (SeeOfficers).—Not commissioned who hold public moneys, and to take oath, &c. . 296 • Vacancies of, how to be filled ..... 297 To take an oath in relation to duelling . . . 297 PPURCHASERS.—^Without notice, in certain cases pro- tected against judgments . , ., . . . 209 PUBLTC WORKS (See Canals). QUIA TIMET, BILL of.—Must receive the sanction of a judge ■ . . .219 QUARANTINE.—The act regulating, in Savannah, ex- .tended to Darien . . . . . .298 RECORDS (of Counties).—The Inferior Courts authorized to have their, transcribed . ~. . . .118 When copied, to be received and considered as originals 118 ' County records'of the Superior, Inferior, and Courts of Ordinary may be transcribed by order of the In- ferior Courts - . . * . . 227 Clerks having failed to record and copy, the court may . ha\m it done ... . . . . 227 The transcribing to be let to the lowest bidder . . 227 Contractors -for transcribing, &Q. to give bond and Se- curiiy . *u . . . . . . . 227 ' Henry County—'Certain deed records of,'made valid . 347 RELIEF LAWS.—Atkinson, William, an act for his relief . . ' . .. . . . ' . 313 Blue, Daniel, ditto ..... 307 Burges, James, and Evans, ah act for their relief . 312 ; . sai(] act amended . .314 Bryan, Isaac, an act for. his relief . . . . 327 "Bacon, William, an act for'.the relief of.his heirs . *330 - •^Baxter, Eliza T., an act for her relief . . . 345 Berry, Edmund G.-and James, an-act for their relief 350 Clark, Mark D.,; an act-for his relief .• . . 330 Cummings, Robert, ditto . . . . 302 Crawford,- Thomas, ditto * *. . . . . 306 Cunningham, Robert, ditto .... 313 Cartledge, James, * " ditto .... 330 . Clark, Gen. John, , -ditto " ". . 328 - ^ Dorough, John, ditto . 298 - XDabney, Austin (free person of colour), an act for his relief - . }.f 301 Drummond, Henry, do. do. authorized to . 1 act as a pilot at tjie port of,Darien . * . . 307 Davis, Joshua T., a lot in Houston vested in him . 311 Dudley, James, an act for his relief J. 315 I said act amended .... 321 Davis, Thomas, deceased, an act for the relief of his heirs . . * 315 Da^is, Baxter, , an act for his relief ..... 315 '-—Dixon, Michael,, a fine on him remitted . < . .318 Durrence, Joseph, an act for his relief . . . ,332 Edwards, Thomas L.,- deceased (tax collector), indul- ^gence granted his securities 303 . Elbert County.—Tax collector allowed time to pay over tax,,&c 328 Ellison, Samuel, a forfeiture incurred by him re- mitted 334 Fausett, Abram, an act for his relief - . - 305 Foley, Thomas, do. do. . . • 320 Graves, Doct. George, a certain tract of land vested in his heirs 300 Grigg, Joseph, dec., his administrator authorized to sell certain negroes . 310 Gallagher, Hugh, an act for his pardon •. . .331 INDEX TO THE LAWS. XIX BELIEF LAWS.—Appling County.— Guess, James, and McPost, authorized to be relieved from the pay- ment of a judgment .••».. 349 Hall, Henry T., and wife, an act for their relief . 335 '^""Ilopson, John W. H., his estate vested in Felix Lewis and wife . 335 Hale, John, an act for his relief .... 350 Hesters, Allen, do. do 302 Harris, James, do. do. . . j . .* 288 Hodge, John, dec., an act for the relief of his heirs . 306 Hupt, Henry, and Ann Fennel, an act for their relief 306 Hayman, Elisha, a lot in Henry vested in him . ^ . 310 Ilarrold, Hardy, an* act for his relief . . . " .312 Holly, Edithe, an act for her relief . . . ' . 314 Hall, Isaac, (tax-collector) an act for his relief - • .317 Hall, Thomas F., an act for his pardon . . .321 Handley, Thomas, (tax-collector) an act for the relief • of his securities . . . . ... .345 Jeffries, George, and others, an act for their relief . 299 s, Jack, Margaret, an act for her relief . • . . 306 King, Henry, an act for his relief .... 326 Lockwood, William, an act for his pardon '. . 341 Lundy, Henry, his executors authorized to sell certain negroes ... 299 Lester, James D., an act for his relief . . . 347 Lynch, Lewis, do. do. ... 329 • McMurphy, Catherine, an act for the relief of . .298 Montgomery and Telfair Counties.—Certain citizens of, relieved ........ 312 Mallory, Stephen sen., an act for hi? relief . . 327 Music, Joel, the State's interest in his property vested in his sisters . 329 ■ Said act explained and amended . . 337 Melton, Ethan, an act for his relief .... 333 Madray, George, an act for his relief . . . 350 Newnan (Pike county), certain citizens of, relieved . 344 Overstreet, Silas, acts for his relief . . . 302. 305 Porch, Mary, and Bradley Hales, an act for their relief 314 "^Piercer Lcvie* an act for his relief . . ■ • 322 Poindexter, Jenney, entitled to a share of the estate of Bartley McCrary . t 332 Richmond County.—An act to relieve certain citizens of, 315 Bees, Benjamin T., and Talbot S., an act for their re- lief . . . . .330 Reynold, Levi, an act for his relief .... 332 lleid, William P., and his securities' . . ; 340 "s- Randolph, William, John, and Mary, a gr^nt to them legalized . . • • • • • . • 342 Ryerson, David, (of New-Jersey) authorized to sell certain negroes . . • • _ • ; • 349 Sims, Patsey, and her children, vested with certain pro^ perty . . ... . • • • • 298 Scriven County.—Cprtain citizens of, relieved . 303. 312 Scott, William, (tax-collector) relief given to his secu- rities . . • ' ' * « * • * * onl Strickland, Richard, an act for his relief . . .304 Stapler, Robert, do. do. ... 304 Skinner, Jonas, do. do. * • • 4 • 30o Shields, Samuel B., (of Alabama) authorized to act as an administrator . . • • • • • 308 Sherrod, John, an act for his relief . . . .311 Simmons, John, (tax-collector) an act lor his relief . 313 Southerland, John, and others, an act for their relief . 314 Stewart, John, and others do do. . 333 Steen, George, a fine incurred authorized to be re- mitted . • • • • * * * Smith, Margaret, an act for her relief . ..340 Twiggs County.—An act for the relief of the Inferior Tatnall County.—Certain citizens of, relieved . 312. 339^ RELIEF LAWS.— Tatnall County.—Treadaway, Ezekiel, a fine incurred by, remitted 323 Thompson, Drury, do. do. . . 327 Ihompson, Alfred, (tax-collector) an act for the relief of his securities 349 _ Wofferd, William B., an act for his relief . . . 305 Watson, John (sheriff), do, do. .* . . 306 Whitlock, James, and others, an act for their relief . 306 W illiamson, Charles, the, judgment against him as agent of the State to be discharged . . . 310 Watterson, John, and Muckelhannan, an act for their relief . . .' 313 Watson, Douglas, an act for his relief . . .324 White, Levi, an act for his pardon . . . . 331 Woodson, Sally, and others, an act for their relief . 332 ^are> AWander, an act for his relief * . . 335 RENTS.—Lessee or tenant holding over, how removed or dispossessed * . . . . . . 220 Proceedings may be stopped by the lessee or tenant, and how ........ 220 Question of the expiration of the lease, how* tried . 221 - Writ of possession, when granted, and by whom exe- cuted . ' . . , # . ,221 In the City of Darien.—lloyv collected when the amount does not exceed $30 . . , . „ 205 When exceeds $30, how to proceed . . . 205 Property destrained and claimed, how tried, no prefer- ence to judgment ...... 205 Lessee holding over, how to be proceeded against . 205 Contracts for rent to bear interest .... 205 RENTERS (.of Public Property).—In Leef Troup, &c. relieved . . * . . . . 340 REPRESENTATION.?—For the several counties appor- tioned ........ 351 RESERVES, &c. (New Territory).—An act to rent . 260 An act to rent them for the year 1828 . . . 265 The Mcintosh, at the Indian Springs, an act to sell . 263 RINO (A woman of colour).—An act appointing a guar- dian for her ....... 322 RIVERS (See Internal Improvements). Altamaha.—An appropriation for the improvement of, 356 Commissioners to purchase slaves .... 356 Additional commissioners appointed, and their duties 356 Alcofahatchie.—Mordecai Shackleford authorized to build over, &c. . . . . ♦ . . 359 Broad River.—Commissioners appointed for, from the north and south forks of, to the junction of the Sa- vannah and Hudson's fork ..... 353 ■ In place of others appointed . . . 353 The main channel to be laid off", and one-third kept open ......... 354 Penalties inflicted for placing obstructions in, . . 354 Commissioners appointed, and how to carry the act into effect 354 Penalty inflicted for refusing to assist in removing ob- structions ........ 355 The act of 1815, incorporating the Navigation Com- pany of, repealed ...... 359 Brier Creek.—The third section of the act of 1799 re- pealed ........ 352 Chattahoochie and Chestetie.—Unlawful to obstruct more than one-third of, with dams, &c. . . . 351 Persons placing obstructions in, how liable . . 351 Commissioners appointed for, and their powers . 351 Owners of the banks of, entitled to preference in put- ting in traps, &c. ..... 352. 358 Chattahoochie.—William Garner authorized to erect a mill-dam across, leaving open one-third, &c. . 354 An appropriation for the improvement of . . . 356 . Commissioners appointed, and their dyties . . 356 XX INDEX TO TIIE* LAWS. RIVERS.—Chattahoochie.—Commissioners appointed for the improvement of, from the falls to the junction of Pago | 359 the Flint Commissioners appointed, to give bond and secu- rity, &fc. ........ Flint.-.—All the penalties of the act regulating &c. the Chattahoochie and Cbestetie rivers, to apply to,* The main channel to be surveyed and laid out „ To be kept open thirty feet wide, and all obstructions removed . - . . . . .• . *358 Penalty for obstructing the same . . . .358 Commissioners for, appointed, and their duties . . 358 Ocmulgee.—Obstruction preventing the passage of fish 359 352 358 unlawful, and offenders liable to indictment David Adams's rights not affected . . . • Commissioners appointed for certain sections^ . . Thirty feet of the main channel to be kept open Obstructions from to be removed, and how, An appropriation for the improvement of, . * Commissioners appointed for, and their duties, . Ah appropriation for, below Macon, Commissioners appointed, and their duties' ; Commissioners appointed for, in Butts, Jasper, and Jones, &c. . , ... Fishing in, within certain hours prohibited with two seines prohibited 352 352 3X5 356 3.55 356 356 356 356 359 359 359 359 Persons violating punished, and how . ' , . Officers to inform, and slaves for violating, how pu- nished Commissioners appointed for certain counties to sur- vey and designate the- main channel of said river and its branches . . . . . Persons obstructing, &c.f how punished ... . The act authorizing David xVdams's miildam repealed 361 Oconee.—Locks on, to be kept in good repair . * . 352 For neglect, owners to incur a penalty . .' . . 352 . 360 36 r 361 Owners of boats entitled to an aotion for injtiries'sus4 tainsd in passing said locks^. .. ' . . . 352 . Owners of -milldams oh, not compelled to construct slopes &c. ^ - . . . ' -.' . . An appropriation for the improvement of, below Car- ter's bridge • . . . . . 355 Commissioners appointed for, and their duties . ..-356 Ohoopie.—Obstructions prevented,-and "penalties for put- ting them in said river . . . . . Savannah and Tagalo.—Articles of convention between South Carolina and Georgiarin relation to said fiver Savannah . . .' When ratified by Carolina, binding . . An- appropriation made for, below Augusta . . A survey and examination to be made from Anderson- ville to. Augusta by the engineer .... Commissioners of the river between Andersoftville and Augusta appointed, and a conditional -appropriation made . . , » . . Commissioner's appointed to survey the wharf heads within the jurisdiction of .Savannah on said river * Duty of said commissioners What shall-be considered the line of wharf heads on said river, and penalties for encroachments The duty of the chairman of the committee of pi- lotage . . . . . . . The third of the river from Augusta to Lightwood-log creek to be laid off and kept open Commissioners entitled to assistance to remove ob- structions ........ Person obstructing, how punished . . . Persons fishing with traps obstructing, how punished •. Commissioners to take an oath, and their duty, and how paid ........ Commissioners, their names 352 355 353 354 357 357 357 357 357 358. 358 360 360 360 360 361 ROAD LAWS (as to the general system, see Internal Im- provement). Roads to be cleared twenty feet wide; market roads 30 feet, and causeways 16 feet wide . Alapaha.—A road to be opened from the Florida line . A portion of road to work on may be assigned to ap- plicants . . . ... Baldwin.—The road law regulating roads in, amended . The law repealed . •. . - . Bryan.—Slaves on the island of 03sabaw exempt from road duty on certain conditions .... Said act repealed . . . . Burke—The road laws regulating roads in, amended . Amended . . . . . • Camden.—Certain citizens in, exempt from working on • the main post ....... Certain persons on the south and north side of St. Ilia river and north of Crooked river, exempt from work- ing on the post . . . . New roads authorized,to be opened in said county 381. - Road laws in said county amended. : 388.395. 398. Citizens of Cumberland island not to work on, for one year . . . . Chatham.—Slaves in 'Chatham not to work on the roads in Bryan . . ... Road laws in, amended . . . 382. 3t>6. 398. Columbia.—The road laws of, amended -Elbert.-rr-The road laws of, amended .... Effingham—Certain road laws in. regard to Effingham repealed ;. . . . . . -The act repealing, repealed . . Amended- . . . . .. . ,. Franklin.—r-Ho&d laws in, amended. . Gwinnett.—The road laws" in, .amended Glynn.—Road laws in said county amended . 363. 365. ' . 384.387. Slaves-on St. Simon's and Jeykel Islands, on what roads and cuts to work on . . A road authorized from Brunswick to the Mineral Spring in Wayne . . . . . . Hall.—The road laws in, amended . Jefferson.—The road laws in, amended . . 378. 391. Irwin.—Road laws in, amended ...... Laurens.—The road laws in, amended .. . 396. repealed Page 374 374 392 303 309 375 388 384 396 361 Lincoln,—The road laws in, amended .... -Liberty.—Slaves on St. Catherine Island exempt from road duty on certain conditions . - Said, act repealed ....... Mcintosh.—The act regulating roads in, amended . Rabun.—-The road laws of, amended . . . 395.. 'Richmond.—The road laws.of, amended . . . 378. Tatnall.—Road laws amended . . Wayne.—Road laws in, amended #. . . 363. SAVANNAH, CITY OF.—Patrol, how regulated, and who liable to perform that duty in, ... Laws regulating patrol fully in the city of, . Powers of the corporation in making regulations in re- lation to slaves and free persons of colour A public market-fTouse authorized to be erected Certain city elections made legal and valid Elections of city officers, when to be held . Salary allowed t[ie mayor ..... The mayor and aldermen vested with the right to ap- point the harbour master of, . - • Certain conveyances of the town common made valid The control of the court-house and jail vested in the Inferior Court and sheriff of Chatham- . Health officer, the appointment vested in the mayor and aldermen ........ The St. Andrew's Society in, incorporated An engine c^™"0™ ««tahlished in. . 377 385 401 301 376 401 392 392 398 398 402 392 397 374 389 378 379 392 402 401 402 399 392 370 392 369 398 391 369 387 410 410 413 427 429 429 436 438 443 444 452 457 458 INDEX TO THE LAWS. xxi Page SAVANNAH, CITY OF.—An engine company esta- blished in, amended 462 Qualification of voters for aldermen defined . 459.476 The several acts, &.c. as to the powers of,- amended . 464 Arsenal in, directed to be built .... 475 Amended 482 The Ice Company of, incorporated . . . - . 475 An act regulating the powers of the commissioners of pilotage . 480 Jurisdiction and power's of the corporation extended . 482 Rates of dockage, wharfage, and storage established . 484 SEAMEN, ARTICLED.—Warrants when to issue for their search and seizure, how and by whom . . , 408 Persons resisting the search and seizure of, liable to fine and imprisonment ...... 408 SEAMEN, (COLOURED,) (See Slaves.) SECURITIES.—Paying off an execution to have the con- trol of, to reimburse himself . . . .216 Judgments entered on appeals to be signed agaiqst as' such ......... 216 The like control given to securities on stay bonds . 216. On -bonds, notes, &c. may'make special defence, and judgment to be entered against securities as'such . 217 Persons heretofore securities and has paid off an execu- tion, entitled to control, ,&c. . . . .217 Name signed as security to be taken as evidence of the fact . . .217 EndorserSr-of promissory notes held liable as'securities 76 May be sued in the same action with the principal- . 17 May require the holder to proceed to collect, &c. . 77 SEMINARY, HERMON (See Academies). SETT OFF.—May be pleaded; though not due, in attach- ments sued out under the act of 1820 . . . 202 SCHOOLS, COMMON (for' Baldwin County).—May be established in Baldwin county . . . ,.15 Commissioners to be elected, and to lay off said county - into school districts . . . . . .16 ■■ may levy a county tax and annually ap- point president, &c. . . . . . *16 Teachers to be licensed by theOBoard . . .16 Schools to be under the control of the Board . .16 Vacancies, how filled ; the duties of the elerk of the Board . . . . . . 36 Treasurer to give bond, who are beneficiaries . .16 Trustees of, incorporated for special purposes . .17 SHERIFFS.—Not to be commissioned if holders of public moneys, and the oath ...... 296 In civil cases, persons arrested by, if no jail in the county, to convey them to the jail of the adjoining county . 201 Conveying convicts to the penitentiary, how paid . 403 Required to pay over money collected, or pay 20 per cent. -403 Their fees for summoning partitioners to divide land . 406 Purchasers of real estate to have possession given by, (proviso) •». 405 Allowed to serve writs three days after return day .. 409 Bonds for delivery taken by them, declared valid , 40.9 ." Not to prejudice plaintiffs ..... 409 Sale hours changed to 10 o'clock and 4 o'clock . . 208 Appling.—Bond of the sheriff in said county reduced 406. 403 Bryan.— reduced, and compensated for summoning jurors 400* Bulloch.—Bond of the sheriff reduced, and compensated for-summoning jurors 406 Campbell.—Where to advertise his sales . . . 408 Hi3 bond reduced ....... 403 Carroll.—Bond of the sheriff reduced .... 408 Dooly. do, do, do» . . . . 407 Early. do. do. do. . . . 408 Elbert.—Where to advertise his sales .... 406 Emanuel.—Bond of the sheriff reduced . . . 406 26 Page SHERIFFS.—Where to advertise their sales . . . 408 Franklin.—Bond of the sheriff reduced . • . . 403 Certain acts of, legalized . 403 Gwinnett.—Where to advertise his sales, and certain acts . of, legalized 403 He, or a deputy, to reside within one mile of town . 407 Habersham.—Where to advertise their sales, and certain of their acts made valid . . .• . 40'3 Hall. do. do. do. do. 406 Hancock, do. do. do. do. 405,406 Irwin.—Bond of the sheriff of, reduced , . . 408 Lowndes. do. do. ... 408 Lee. do. do* . . . 408 Madison.—Where to advertise his sales . 403. 406,407 Monroe.—Certain of his acts legalized . .. . . 403 Montgomery.—Where to advertise his sales, and certain - of his acts made valid, and compensated for jurors, . &c. . . . ; . . . 406 Marion.—Bond of the sheriff reduced .... 407 Oglethorpe.—Where to. advertise his sales . . . 402 Rabun.—Bond of the sheriff reduced .... 408 Randolph. . do. do. .... 408 .Tatnall. do. do. .... 407 Ware. do. do. ... . 407 Walton.—Where to advertise his sales .... 402 Warren. do. do. » . . 406 Wayne.—Bond of the sheriff reduced .... 409 Certain acts of, in the Chattahopchie circuit made valid . . . .♦ . . . . 342 Of Augusta^ sales of, to be on the first Tuesday in the month (See Taliaferro) . . . . .210 SHOWMEN (See Taxes). SCIRE FACIAS.—Mode of perfecting service of, in Lee, Harris, &c. 271 SLAVES AND FREE PERSONS (of colour).—What shall be held capital offences when committed by them 409 Capital offences _ahall be punished by death . . 409 The court bound to pass sentence of death . . 409 Manslaughter, how punished . . . . 409 The 43d section of the act of 1770 regulating of, re- pealed 410 Owners of ten, having plantations on which they reside, must keep an overseer . . . . .410 The. colonel of the militia in Savannah bound to enforce the patrol laws when required by the mayor . .41-0 The law preventing the.introduction of slaves into this State repealed . .. . . ; . .411. The law repealing, repealed, and the law prohibiting,' revived 414 Free persons of colour not to be sold into slavery . 410 Prevented from purchasing certain articles without a ticket. . . . . ... . .411 No certificate of freedom to be granted by a clerk, ex- cept on the affidavit of the guardian of, . . .411 Certificate previous to the granting of, what must be done . . . .". . . . . 411 Certificate shall contain an accurate description, &c. . 411 Penalty for transferring a certificate . •. . *411, Penalty for carrying out of the State any person of co- lour without a genuine certificate . . . .411 Duty of the attorney and solicitors general in rela- tion to, . . . . . . . .411 Coloured Seamen not permitted to leave the vessel in which they arrived within Certain hours . . .411 Captain's duty in such cases prescribed . . .411 What shall be done when they arrive in vessels . 412, 413 Coming on shore during the quarantine, shall be ar- rested . . 413 Others communicating with, liable to arrest and whip- ping . 413 xxu INDEX TO THE LAWS. 414 413 414 414 414 414 415 415 Page SLAVES AND FREE PERSONS (of colour).—What shall be done when they refuse to depart . • . 413 Not to affect them when driven ashore by stress, &c, 413 Negroes or white persons teaching slaves to read or write to be punished, and how .... 413 The act of 1817, prohibiting the introduction of slaves into this State, revived and declared in full force . 414 Burning or attempting to burn a house in a city or town by, punishment death . • ... Trials of this offence how and where had . . Augusta, slaves not permitted ito hire their time in, In trials of slaves or free persons of colour, in all cases exceptions to the deeisions of the. court may be taken, if overruled a certiorari'may be granted Suspension of. forty days to be granted in cases where1 exceptions are taken . • • '• » 414 If certiorari be granted,"the judge' to ordter a suspen- sion- . ^ . s . .. • -t • Not to be employed in a printing-office Owners permitting it, liable lo.a penalty . . . ' •. Clinton and Macon.--An act for the regulation of, in the towns of, V . " "*. . « . • • ; . ^ - . Sparta.—Not to keep House of entertainment within the" corporation of, • ., ; . 41,1 . Not to hire tlieir time irry 2 . >411 Violations how punished . . - . . .*412 SOLICITORS' GENERAL (See Attorney-General). - ' | SUITS (See Bonds). . ■ „ . , Against securities, to' executors, guardians, and admi-- - nistrators,. bonds how commenced . . . - . . .' 200 . Against joint contractors and copartners when all are sued and not served, judgment bow entered' .. 201 Parties entitled to sue at law' in cases which heretofore ; v - could only be brought by bill in equity. .. v. . 203" Not to abate on. removal of executors, administrators, and guardians v .* . ■ . ' » .". 206 " - Scire facias to issue "to make parties, &c. . ;-*> . 206 SUBPCENA DUCES TECUM (See Evidence). SURVIVORSHIP.—The right of, abolished in this State 222 SURVEYORS, DISTRICT.—Time given Mo make out their returns . . i: . . . ; . 261 STATE-HOUSE OFFICERS.—Fees on grants allowed andregulated .' . . -« . - . Salaries of, established . « • .«' ►STAGES.—The right of running between Augusta and Sa-, vannah secured to Stephen A. Pierce ■ . .STEPHENS, ALLEN R.—-A grant authorized to issue to him for a fraction in Monroe - . • . . - . TAX.—Real testate belongihg t6 academies exempt from, An additional tax on proprietors or exhibiters of , shows ' ; . f . . .; . 415 '* . ;Citizens of Savannah relieved from payment on pro- ">perty destroyed by fire -. L k . . 301 A part of 4he act of 1804 repealed . . 419 Tax Acts.—Of 1820 for 1821 .. . - . . .410 1821, for 1822 416 .1822 for 1823 „ .,420 1823 for 1824 . .421 —, 1824 for 1825. . . ■ . . y .,421 .1825 for 1826 . . 42-2 1826 for 1827 . * . . . ... 407 1.828 for 1829 .425 1829 for 1830 .421 Tax Acts, Extra.—Inferior Court of Appling authorized to levy . . . . , . » 418 Inferior Court of Baldwin authorized to levy, . . 416 — 'amended . . . 420 of Butts authorized to levy ; . , 424 — of Crawford do. 426 -of Franklin do. • . 419. 423. 426 — of Glynn do. , . 418. 421 296 "297 323 343 5 Tax Acts, Extra.—Inferior Court of Jefferson authorized to- levy, ........ Inferior Court of Jones authorized to levy, . , of Jasper . , • — 1—— of Laurens . ... of Liberty ..... said act explained •-1-- , of Mcintosh authorized to levy,. .U of Lowndes< ', „ ' of Oglethorpe . —~—1— of Putnam 418. of Warren- of Wilkes of Wilkinson . Inferior Courts authorized to levy extra taxes . Collectors of, to pay thef same into the treasury, or 20 per cent, until paid . . r . Not to collect without having given bond ' . Nott'obe commissioned, if holders of public moneys . Oath required to be taken by them .... . Required to attend elections, and not to suffer any per- "son to vote who has not'paid his taxes . The act requiring him to attend elections &c. repealed Required to pay over money collected by them, or pay • v 25 percept. . Baiter.—Collector of,' to collect the tax of 1825 . Beceioers of Returns.-rr-Lowndes.—Receiver to receive returns fo/taxes in arrear, and the collector to.col- - , lect.thenT V . , ' Thomas —^Receiver to receive returns for taxes in arrear, and the collector to collect them . TALIAFERRO - COUNTY.—Certain sales of the sheriff in, made valid . - . . ,* Sheriff of, authorized to advertise in the Milledgeville papers - . . . . , TESTIMONY, WRITTEN (See Evidence). K TOWNS.—Athens.—An act for the regulation of, amended Bainbridge.-—Made the public site of Decatur county . Incorporated . . . Blalcely.—lAade the public site for Early county . Berrien.—Commissioners appointed to .layout and sell Jots in, - . * . . . . . Brunswiclc.—A lottery authorized for certain buildings in, Commissioners appointed for ascertaining the bound- aries,.-amended .. . . « ... _ _ Time'given to the commissioners to prepare a map of, Rj/row.-f-Ihcofporated . •. Currolton.—Incorporated . . . Campbellton.—Incorporated . . Crawfordville.-—Incorporated . . . ClarJcesville.—Incorporated . , Carnesville.—The act incorporating, amended Comng£on.-i-Incorporated . - Corporate limits, extended m. . i Cliriton.-r—Corporate limits, extended L The act*of incorporation amended ' Claytorisville.—rlncorporated .. . . . 435. Dublin.—The act "incorporating amended - Danielsville.—A lot to be designated for an academy and ineeting-house . . . .. • • Said act ^mended . . . • • J?6cafer.--Incorporat^d . Ebenezer.—Commissioners for, appointed . . Act amended ". / ... » • Elberton.—An act for the better regulation of, Said act amended . Eatonton.—Corporate limits of, extended . . 472. Fayetteville.—Incorporated - • A part of said act repealed, and amended . Forsyth.—Incorporated . . . . . - • • Act of incorporation amended . Page' 419 417 420 413 417 418 420 425 424 420 417 417 419 419 296 297 296 296 422 423 422 423 423 424 342 342 442 459 482 469 474 462 469 479 47 8 486 482 467 448 444 441 462 436 447 453 428 431 436 446 430 .435 454 479 481 448 472 453 455 INDEX TO' TIIE LAWS. xxiii Franklinsville.—Made the public site of Lowndes county 474 Gainsville.—Incorporated ...... 432 Said act amended 447 Greenville.—Incorporated ...... 473 Hamilton.—Incorporated • 473 Homesville.—Made the public site for Appling county . 479 Jacksonborough.—Incorporated . . . . .450 Jackson.—Incorporated ...... 470 Knoxville.—Made' the site of public buildings, &c. . 446 Incorporated 463 Lawrenceville.<—Incorporated 435 Duties and authorities of the commission- ers of, defined ....... 445 ■ Amendment of the act .... 48*4 Lincolhton.—Act incorporating, amended . . . 427 Lexington.—-All acts incorporating, repealed . .409 Lagrange.—Incorporated .....; 474 Marion.—Act incorporating, amended . . ■ . 450 Monroe.—Incorporated ...... 432 McDonough.—rlncorporated . . . . .451 Newnan.—Incorporated ..... 450. 473 Ferry.—Made the site of public buildings in Houston' . 447 Incorporated , . . . . . . .458 Act amended 461 Again' incorporated 476 Petersburg. — An act appointing commissioners for, amended . 478 Salem.—The act of incorporation amended . . . 432 Saundersville.—The act amending, &c. amended , ' . 430 Sparta.—The act of incorporation amended . . . 438 St. Mary's—The amended act incorporating, amended . 431 Act of incorporation amended .... . '452 The several acts incorporating, amended .. 458. 461. 469 The Library Society of, incorporated . . . 483 Swainboro.—To be the public site of Emanuel . . 442 Springfield.—The Inferior Court of Effingham appointed commissioners for, . . . . . .461 Talboton.—Incorporated ...... 473 Thomasville.—Made the public site for Thomas county 468 Vernon.—Incorporated . . . . . .481 Waynesboro.—The old court-house lot to be sold • . 432 Washington.—-Act of Incorporation amended , . 433 Watkinsville.-—The corporate limits of, extended . . 443 THRASHER, BARTON.—-Entitled to give in his name for a drdw in the lottery of 1825 a 257 TREASURER.—Not to pay any warrant or,draft upon any exhausted fund ....... 295 Accountable for the amount which he may thus pay . 295 TREASURERS, COUNTY.—To be appointed in each county . 131 To give bond and security . . • * .132 To grant retailers' and tavern license . . .132 To keep a book of his actings and doings, and to make an exhibit, , • . . 132 TURNPIKES (Roads).—A lottery authorized for one be- tween Athens and Augusta . • • • - 276 One established over Ogeechee causeway, in Bryan county 3b4' 381 Page TURNPIKES (Roads).—Company of Miljedgeville, Greensboro, and Eaton ton, incorporated . .370 The act incorporating the Washington Company amended 373.380 One authorized across Big Buffalo, at Caines's bridge, in Washington county , 379 TONNAGE.—Certain duties on, repealed . . . 452 UNITED STATES.—Jurisdiction of certain sites on the Savannah river, whereon beacons have been erected 244 — over Marsh island ceded to, 244 —— of a piece of land near Augusta . . 261 UNICOI TURNPIKE COMPANY.—a'"sum of money loaned to them . . . . . . . 309 An act for the relief of the securities . . . 335 Said act repealed ....... 342 UNIVERSITY.—^Trustees of the,- authorized to receive $10,000 from fraction sales, &c. . . , .12 A warrant directed for that sum . . . .12 Purchasers of university land to be sued, unless they pay interest and give security .... 486 Securities' rights and wishes secured . ' . . 486 A permanent endowment made the University . . 487 $10,000 given to, and from what fund . . .487 An appropriation to build a new college edifice . 487 Indulgence granted to the purchasers of, land . 487, 488 Trustees of, what shall vacate their seats . . . 488 UNIVERSITY LANDS.—Surveys of, how authenticated 257 Purchaser of lot No. 32, in the Greene county tract, in- dulged .319 USURY.—What shall be the effect for taking more than lawful interest ....... 483 Shall create no forfeiture ..... 452 VENDUE-MASTERS,—Appointed by the corporations of any town if not by the Inferior Courts .• w , . 14 In Augusta.—Appointed by the city council . . 469. 472 Their duties ........ 472 VESSELS.—Arriving in the porfs of this State, the captain of, or master, bound to report the coloured persons "on board ........ 412 Captain, &c..must give bond, omission so to do creates a penalty ........ 412 Having on board free negroes or persons of colour sub- ject to quarantine for forty days 413 Captain of, bound to carry off such negroes as may have come into port wfith his vessel . . .413 WHITAICER, SIMON.—His signature as Secretary of State made evidence 251 WILLS.—:Acts to carry into effect James Robinson's will, manumitting two slaves .... 314. 318 WITNESSES.—Testimony of those going beyond seas, or removing out of the State, how obtained . .212 When but one to a fact, his testimony may be taken " de bene esse," &c .212 Written, the production of how compelled, if in the possession of a person not a party .... 226 How obtained,' and notified to attend at inquests held by tho coroner over dead bodies .... 405 May bind in recognisance to attend, &t. • - • 405 Indians, or descendants of, not competent • .218 INDEX TO THE RESOLUTIONS. ♦ Page ACADEMY.—Of Appling county, commissioners and trus- tees of, appointed • . • • • •" * • ,36 Of Bibb county, commissioners of, appointed . . 27 Of Columbia county, commissioners of, appointed . 3 Wrightsboro' Academy, commissioners of, appointed 2 Of Crawford county, do, do. . .28 Of Decatur county, trustees of, appointed \ . • 44 Of De-Kalb county, commissioners of, appointed ^ .' 2? Trustees of, appointed . . , -. . . .31 Of Early county, commissioners of, appointed -. 14. 29 Additional commissioners of, appointed . ,. . 61 A commissioner of, appointed . . - . ' .r 69 Of Effingham county, commissioners of, appointed . 12 Qf Elbert county, do. - / do. 7 _26 Of Emanuel county, commissioners and trustees of, ap- , pointed . . . . .. .. . .30 Of Fayette county, commissioners of, appointed . 27 . . - Of Franklin county, do. " do. . 3. 12 Of Habersham county, Clarksville. Academy, com- missioners of, appointed . . . , . 65 Of Henry county, commissioners of, appointed,-. ; 27 Of Houston county, do. , _ do. . .27. 144 Of Irwin county, do. do. . . 36 Of Lee county, do. do. . . 149 Of Lincoln county, do. .do. -. 12. 21 Double Branch Academy, commissioners of, appointed 103 Of Mcintosh county, do. do. 13.18.21.24 Of Monroe county, commissioners of, appointed . 36 • Of Montgomery county, commissioners of, appointed 70. 89 ' Of Pike county; , do.. ~ do, . 27 Of Rabun county,. Clayton Academy, trustees o£ ap- pointed . . . . , . . . .70 Commissioners of, appointed . ... ( . - " . - .114 Of Richmond county ^ trustees of, authorized to convey . a lot to the Baptist Society . . . . , * 25 Of Scriven county, commissioners of,, appointed . 1 Of Tatnall county, - do. do. ". • .50 Resolution concerning academy fund . . . .66. Of Telfair county, commissioners of, appointed . . 21 • Of Walton county, a commissioner appointed for, - 24 Of Ware county, commissioners of, appointed . - . 63 Of Wilkinson county, do. , do. . 12.137 Of Elbert, Jackson, Clark, Jasper, Morgan, Putnam, Laurens, Montgomery, Scriven,.and Bullock coun- ties, report'on the memorial of the commissioners of, 31 Report concerning county academies " .. .92 Report and resolutions-concerning county-academies and free-schools • ^ . . ... .116 AARON, WILLIAM.—Resolution in favour of, . * ■ . 124 ADDRESS.—To the people of the United States, on the *" subject of domestic manufactures . . . .117 ADRIAN, FLEMING F.—Resolutions concerning 79.108.127 AFRICANS.—Colonization Society authorized to remove them when condemned in the Circuit Court . . 5, - Reports concerning those in the possessionof the State 41.56 Authorized to be delivered to William Bowen . . 65 AGRICULTURE and INTERNAL IMPROVEMENT.. —Reports of the committee on, . . . 100. 129 ALABAMA.—The line between, and this Slate, resolutions in relation to running, .... 24. 29 . Report on the subject of the line . . . .60 Appropriation of money for running the line between, and this States . •. . ... . .64 Reports concerning the boundary line . . 66.114 ANDERSON, THOMAS F., resolution in favour of, . 17 ARMS, PUBLIC, in Savannah, resolution concerning the, 108 ARSENAL, a-eport and resolutions concerning the arms in, 110 APPLING COUNTY.—Commissioners appointed to select a proper site for, . . . . . 14.24 . Resolution concerning the fifteenth district of,, . .114 ATTORNEY AND SOLICITORS GENERAL.—Their duty, in presenting accounts for money collected by them for the State . . . ,. . .43 Report and. resolution relative to them . . .145 ATWATER, EL1HU, resolution in favour of, . . 55 BANKS.—To make returns to the treasurer 1, - State Bank,reports on the state and condition of, 1. 110, 139 Resolution as to the state and condition of the several banks' -. ... /. . . .2 Report on the expositions of the Bank of the State of Georgia, Planters'and Darien Banks . . .11 Resolutions expressive of the sense-of the Legislature - on the power of Co'ngress to establish Banks beyond the District of Columbia ., '. . .23 Reports of the committee appointed'on Ranks, on'their state and condition • • • . 30.48.61." 68 Report on certain .charges preferred against the direct- ors of the Darien Bank by Allen B. .Powell, Esq. . 48 Darien Bank, report concerning, . . . .89 A director of .the, appointed . . .111 —^ ^ Resolutions"in'regard to the notes of said bank running to maturity at Macon . 49 ■—:—: Money of said bank to be received and paid at the treasury, . . . .54 A committee appointed to examine the situation of the different Banks _. ._ . . . . . 49 .Planters'-Bank,reports on, . . . . 113.138 Marine and Fire Insurance^Company, reports on, 114.132 Report on their situation . . . . . 132 Macon Bank, report on, . . . . . . 132 Central Bank, report concerning-,... . . . 137 Report of the committee on Banks respecting the tax paid by them ; . .139 BANDY, JAMES, resolution in regard to a lot drawn by, . 14 BAKER, WILLIAM W., monument to be erected over, . 105 BATES, FLEMING,-resolution in favour of, . . . 145 BARRON, THOMAS, resolution in relation to a lot drawn by,,'. . . . . . - • .14 BARTLETT, ABNER, resolution in favour of, . . 90 BELL, JOHN, monument to be erected over, . . . 107 BETHUNE, JOHN, resolution in favour of, . . .130 BEVAiy, JOSEPH V., an appropriation to him for col- lating, &c. papers relating to the political history of Georgia 48 BOON, SION, resolution in favour of, . . . .3 BOSTICK-, Mils. ANN, resolution in her favour, . .136 INDEX TO THE RESOLUTIONS. xxv BOZEMAN, JAMES, Comptroller General, a sum of mo- ney allowed him 37 BRANHAM, HENRY, resolution in favour of, . . 63 BRIDGE at Macon.—Resolutions concerning, . 95. 106 BRIDGES in Dooly county, to be built . . . .*60 BROWN, WILLIAM W., resolutions in favour of, 46. 62. 69 BUGG, EDMUND, resolution in favour of, . . 107 BURCII, MARTIN N., resolution in favour of, . . 146 BURCH, CHARLES C., resolution in favour of, . .149 BURNETT, JOHN Jun., resolution in favour of, . . 146 BUSH, JAMES, resolution in favour of, . . .91 BULLOCK COUNTY.—Commissioners of public build- ings appointed in, 21 CANALS—Between St. Mary's river and Savannah, report on opening,* 26 From the Altamaha river to Brunswick . . .39 From the Altamaha to Sapelo river 41 From Piney island to Cat Fish creek, report on the me- morial of the Commissioners of, . . . .49 From the Altamaha to Turtle river . . . .55 Savannah, Ogeechee, and Altamaha canal, report on, 133 Between the Atlantic and Gulf of Mexico, the Go- vernor to appoint some person to examine, and route for 67 CAMPBELL, DUNCAN G*.—Thanks tendered him as a U. States' Commissioner in the late treaty . . .54 CAMPBELL, DANIEL C., resolution in favour of, . .109 CAMPBELL AND MERIWETHER.—Their conduct in the late treaty approved 63 CAMPBELL, JOHN, resolution in favour of, . . , 146 CAREY, EDWARD, resolution in favour of, . . . 62 CARTLEDGE, JAMES, report and resolution concern- ing, . . , . . . . . . .90 CENSUS.—Provisions for persons appointed to take the, . 44 The Governor requested to furnish a digested table of, 44 Report of the committee to reimburse the persons ap- • pointed to take the census . . . . .46 CLAIMS AGAINST THE INDIANS.—Report and reso- lutions concerning the instructions of the United States government to her commissioner on this sub- ject . . .* . . . . # . 8 Instructions .to the commissioner directed to be pub- Iished 10 Reports and resolutions on the subject of claims against the Indians . . . • • ... 16.39 Memorial on that subject 33 CLAY, THOMAS S., resolution in Favour of, . . . 49 CLAYTON, GEORGE R., resolution for the relief of, .114 : resolutions in favour of, 57. 131 CLAYTONSVILLE, commissioner for the . town of, ap- pointed . . . • • • t • • '£1 CLEMENTS, DAVID, an appropriation made to, . .111 COLLEGE, FRANKLIN, minutes of theboard of trustees and Senatus Academicus to be printed . . .139 COLONIZATION society.—Report and resolution * 139 concerning, • • • CONFISCATED property.—Resolution to have debt due therefor collected . • • ^ Resolution exonerating Wilkinson county from a charge CONSTITUTION OF THE UNITED STATES: Amendment proposed . • • • • • 31 CONVENTION The question of • convention, or no con- vention," to be ascertained by the vote of the people 8 The same question in regard to altering certain sections in the constitution as to reduction of represent*. ^ COMPTROLLER GENERAL,—To proceed to the col- lection of bonds ....... 56 COOK, BENJAMIN, resolution concerning, . . 77 CUNNINGHAM, JAMES, deceased,.resolution in favour of his representatives . . .... 70 CUTHBERT, JOHN A., resolutions in favour of, and his • securities 40.61.112 DAMARIN, CHARLES, resolution in favour of, . . 45 DARIEN.—Resolution in relation to the jail built by the mayor and aldermen in the city of, . . . .15 Resolution respecting the fees of the harbour-master and health officer of the port of, . . . • . 20 Commissioners of pilotage appointed for, . . 24. 35 DARNELL, HENRY, resolutions in favour of, . 12.66 DARNELL, JOSEPH, resolution in favour of, . . 109 DAWSON, WILLIAM C., resolution in favour of, . . 131 DEBT.—Report on the subject of abolishing imprisonment for, DEBTORS .OF THE STATE.—Resolution concerning, 113 DELK, JOSEPH, resolution in favour of, . . .70 DIGEST.—Time of arranging extended .... 3 Resolution in regard to the reception of the compilation 15 Of the statutes of England, resolution on the subject of, 26 William Schley appointed to arrange, &c. a digest of the English statutes . . . . . .37 . Schley's Digest to be distributed . . . .81 DIVIDENDS..—Rp^nluiinnresperJingthediyisinnofiamong the counties .31 DOOLY COUNTY.—The first district of, to be examined 38 Resolution for building bridges in, . . . .60 DRAWERS, FORTUNATE.—Whose names have not been published, ordered to be published . . .10 EARLY COUNTY.—Commissioners appointed to fix on a public site for, ....... 24 EASTWOOD, JOHN,r resolution in favour of, . * .63 ENGINEER.—No farther appropriation for internal im- provement till his appointment . • . . .7 Resolution authorizing the Governor to make the ap- pointment . . . . . . . .49 ENTRICKEN, WILLIAM, resolution in favour of, . 63 EVERETT, JAMES A., resolution in favour of, . 7 EUROPE.—Report on certain views imputed to the princi- pal powers of, .38 EXECUTIVE.—Certain appointments made by the, con- firmed ........ 44 FAVOUR, ISAIAH, resolutions in favour of, . 82.112.146 FAVOUR, .WILLIAM, report on the petition of, . . 29 FINANCE, report of the committee on, .... 146 FLOURNOY, MARY, resolution in favour of, . . .10 FLORIDA LINE.—Report and resolution respecting . 38 Report on the subject of, . . . ... .50 Money appropriated for running the line between, and Georgia, ........ 64 Resolution concerning said line . . . • . 65 Reports upon the subject of the boundary line . 91. 127 FORT HAWKINS.—An agent appointed to take pos- session of the reserve at, . . . .10 FRANKLIN, Col. BEDNEY.—Concerning accounts of, . 108 Resolution respecting his accounts . . . .131 The Governor authorized *to appoint commissioners to settle the accounts with Franklin, Jones, and SafFold 64 FRACTIONAL SURVEYS.—Commissioners appointed to sell, in Walton, Gwinnett, &c.—Their report re- ferred to -the Comptroller General • • .15 Comptroller General to report the amount for which they sold, &c. ....... .36 Suits to be commenced against the commissioners . 36 Resolution on the subject . * . . .48 Report in regard to debts due the State for, in the Ocmulgee district 15 Commissioner appointed to rent out such as are unsold 22 Fractions in the 9th district of Henry, now Walton, to be sold by the commissioners . . . .28 .INDEX TO THE RESOLUTIONS. Page FRACTIONAL SURVEYS.—Sale of such as have been drawn, suspended - . . • Office fees on grants for fractions to be.$4 50. Unsold, in Habersham and Rabun to be sold by the Sheriffs of the Counties . Sale of, in the first district of Muscogee, resolution to - suspend . »t " •» • • • ? • The act for the relief of purchasers of, to be printed .- Fractions resold, report.on; . . . * ' • FREE-SCHOOL FUN D,—set apart by resolution . FULTON, HAMILTON; resolution for the dismissal of, as superintendent, &c. . : FRIERSON, JAMES S., resolution in favour of, . FRONTIER COUNTIES.—-Resolution to protect them 4 GEORGIA and the GENERAL GOVERNMENT.. Report on the differences between ,. . Respecting the early history of, . • . An appropriation to J. V. Bevan for that object " ; • Resolution respecting a manuscript The Inferior Court of the different Counties requested to furnish certain information . . >'. . . GEORGIA JUSTICES.—JTo be distributed among the counties . .. . " » .' V . One thouaancLjcopies _authoriz£(L_to!_ha contracted for . ' . - . . . . Copies to be sent to 'Appling, Ware, and 'Up^on counties .... . . ,. ... The Governor requested to purchase copies of, for dif- ferent counties . . . -. . . £6. 65. 69 GEORGIA JUSTICES and PRINCE'S DIGEST, to be furnished certain counties; .... . . The Governor requested to send copies of, - to certain counties , GAITHER, WILEY W., resolution in favour of, . ; . GIBSON, SAMUEL, resolution in favour of, 1 .. GLYNN COUNTY.—Resolution concerning taxes d.iie' . GOVERNOR.—Thanks voted him for his patriotic efforts in expediting the settlement,of our territory -. Authorized to purchase a clock •. . Requested to purchase certain engravings . . . to assign a room to the trustees of Franklin 28 36 55 Hi 116 146 "7 132 60 .53 75 89 48 131 54 22 32 "49 .26 136 131 62 17 -54 55 College . to appoint a day of thanksgiving ——— to have portraits covered- , » . to have money in hands of public' agents collected to withhold warrants from State-house officers —t- to subscribe for debates on the Federal con- - stitutlon . .. . * . .. Authorized to commission an officer of. cavalry to take corhmand'of the Florida troops . Authorized to purchase Infantry Tactics . , to employ the militia against the Indians ; His measures in regard to Indian murders approved . Requested to have certain acts published 65 65 65 69 J 69 70 76 77 :77 78 78' GOVERNMENT-HOUSE.—Appropriation for improving 106 Resolution concerning the * . . •. . v . 139 GRAY, CURTIS G., resolution iq favour of . . . 109 GRANBURY, SILAS, resolution in favour of . .*112 GRANTLAND, SEATON, resolution in favour of . .44 GREENE, ALSTON H., resolution in favour of . .136 GRIFFIN, MURTHA, resolution in favour of . . 148 HABERSHAM COUNTY.—The sheriff to rent out the improved surveys in, for the year 1825 . ... . . 43 Resolution respecting .poor-school fund of 1, .126 HALL COUNTY.—Surveyor of, to examine the islands in the Chattahoochie river in. Ill HALL, ISAAC, resolution in favour of . . . * - , 90 HANSELL, WILLIAM Y., resolution in favour of ; -% 55 HARD A WAY,. JAMES H., resolution in favour of . - . 50 } » Page HARDEMAN, BENJAMIN F.,resolution in favour of, . 148 HARDEE, JOHN, resolution in favour of, . . ..64 HARDIN, MARTIN L., resolution in favour of, . . 146 HARRIS, .BENJAMIN F., resolution in favour of, . . 125 HARRIS, JOHN, his petition rejected . . . .47 HARRIS, AUGUST1N, resolution in favour of, . .142 HERB, WILLIAM, resolution ih favour of, . . „ 89 HOLT, CICERO, report and resolution in favour of, . 45 HOLT) SIMON, resolution in favour of, . . . 124 IIOLSENBECK, LEWIS D., resolution in favour of, . 7 HORN, ISAAC, resolution-in favour of, . . , 36 HOPKINS, JOHN, resolution in favour of, . / . 124 HOUSTON, J AMES^ resolution-in favour of, . . .68 HUGHES, THOMAS, resolution in favour of, . . 148 INDIANS AND-TREATIES.—The Governor authorized . * - to draw on the contingent fund for. a State" expedi- . tion against the Indians . .- 2 Resolution preparatory to a treaty • .... . 10 The Governor, United States' and Georgia Com mis- sioners complimented for their.zeal, &c. in obtain- ing a treaty .. . . . . . .11 Memorials-and resolutions on the subject of extinguish- ing Indian claims to lands within our limits 28. 31. 45 Georgia frontier to be protected from the Indians 4. 53 -Report of the committee,on the State of the Republic 1 ■ in relation to a treaty ». . ... •. 58 ' Indian territory, report concerning, .; .. . .66 Jiidian affairs, report on, . . . . / . 71 * '. Indians, friendly, report concerning . . .74 • Cherokee Indians, report concerning their lands within our -limits . ' j. . . ...... 95 Cherokee nation, resolution for appointing commission- . ers to proceed to, . 144 Cherokee lands, report and resolution on the dividing " line . . ... . . . •. 126 Indian lands.adquired by the treaty, of the Indian Springs, ' , * * - report orf the sufvey of, •,. *. ^. . 103 Report concerning the policy of the general government towards the Indians. ... . . 147 INDIAN PL ANT ATIONS AND IMPROVEMENTS.— Resolutions-relative-to,, . . *» . .v „ 144 INDIAN AGENT.—His conduct in relation, to the treaty • at the Indian Springs, and the fnurder of General Mcintosh, censured, and his removal requested . 50 Report and evidence oh that subject to be printed . 54 INTERNAL IMPROVEMENT (See Roads and Rivers).' Re port upon the subject of, generally ... 5 Resolution in relation to surveys, &c. by the U. States 38 INTERPRETER OF LANGUAGES,—Peter Blois ap- pointed for Chatham county - . ' . .3 IRWIN COUNTY.—Resolution to examine the 10th dis- trict of, . . i . . . .78 JOHNSON, MARTHA, resolution in favour of, , . . 18 JONES, HENRY L„ resolutions in favour of, . .48. JOURDAN, WARREN, resolution in favour of, . 106.123 JOURNALS OF THfe' SENATE AND HOUSE OF REPRESENTATIVES.—Indexes to be prepared for-them . i . * . . • . 31 KEATING, RICHARD T., resolution in favour of, . 138 KEENER, JOHN, resolutions in favour of, . 41. 76. 89.-111 KEMP^WILLIAM, resolution in favour of, . ^ 46 KING, YELVERTON P., resolution in favour of, . . 47 KINMAN, THOMAS, - do. do. . •."149 KNTGHT, JOHN, resolutions in favour of, . . 22. Ill KNIGHT, WILLIAM A.;resolution in favour of, . .1 LAMAR, MIRABEAU B., do. . do. 124 LANDS.—Report on appropriation of the public lands by Congress for purposes of education . . .13 LAND LOTTERY.—Resolution in favour of the com- • missioners of, . ' ,% ' . .103 INDEX TO THE RESOLUTIONS. xxvii LASSETER, JAMES, resolution in favour of, , . 4(3 LAWS AND RESOLUTIONS.—To be published in the newspapers * . . 12. 36 Five hundred additional copies required to be printed 12 LAWS.—To be printed so as to contain the signature of the President, Speaker, and Governor . . . 105 LAFAYETTE.—Resolution in regard to his reception into the State Resolution approbatory of the expense incurred in his reception 50 LEE, JOURDAN W., resolution in favour of, " . 107 LEGISLATURE.—Resolution concerning an extra session of 43 LEWIS, EVAN, resolution in favour of, .... 124 LOTS UNDRAWN.—Surveyor general directed to ascer- tain and report the number of, ... . .10 Undrawn, report on the subject of, . ... .20 Nos. If) and 100 in certain counties directed to be' rented out 11. 25 LOTTERY TICKETS.—Sale of, report on the memorial of the mayor, aldermen, and common council of the city of Washington concerning . . . .18 LOWNDES COUNTY.—The 11th district of, to be resur- veyed 67 Resolutions concerning the resurvey . . .112 LOVING, JOHN, resolution in favour of, . . . 108 LOYLESS, JAMES, do. do 11 LUMPKIN, JACK, do. do 136 MACON.—Resolution in relation to establishing a branch • of the Darien Bank at, . 29 MACON LOTS.—Report concerning the commissioners- appointed to sell, . . . . . .113 MACON BRIDGE.—Resolutions concerning the, . . 95 MAYS, S. J., resolution in favour of, .... 145 MAILS.—TReport concerning the failure of, between Au- gusta and Savannah 37 McADAMS, THOMAS, resolution in favour of, . ..63 McALISTER, GEORGE*W., do. do. . . . 17 McBRIDE, JOHN, dec., resolution making an appropria- tion for his services . . . . . .110 McCLEOD, MURDOCK, his bond as a surveyor to be sued ......... 69 McDONALD, CHARLES J., resolution in favour of, .61 McDONOUGH, COMMODORE THOMAS, resolution concerning his decease .... McINTOSH, ROLLY, resolution in favour of, McKINNEY, JOHN, resolutions in favour of, . MEMBERS OF THE GENERAL ASSEMBLY.—Re solution concerning their reduction MERIWETHER, JAMES, thanks voted him as United States1 commissioner in the late treaty . MERIWETHER AND CAMPBELL, U. S. commis- sioners, their conduct approved .... MILITARY STOREKEEPER.—Resolution to appoint at Milledgeville MILITARY SERVICES.—Memorial on the subject of claims for 77. John W. Hunter appointed agent for, . . MILITARY.—Resolution concerning the distribution of arms in Augusta * Report of the military committee . . . • MILITIA AND PATROL LAWS.-To be printed and dis- tributed in pamphlet form . • • • MILITIA. Scott's Military Discipline to be purchased . MILITARY GUIDE.—To be sent certain counties MILITIA SYSTEM—Report and resolution concerning, . MILITARY STOREKEEPER.—Report on his report M1LLEN, GEORGE, resolution in favour of, . MILNER, JOSHUA, do. do. • . MI MS WRIGHT, resolution concerning. MISSOURI AND LOUISIANA,report on resolutions of, 139 64 108 , 63 149 54 63 16 19 37 136 46 24 53 142 143 69 105 105 126 MISSISSIPPI AND LOUISIANA.—Report on resolu- tionsof, . . . . . , # .141 MITCHELL, THOMAS, resolutions in favour o£ . 41. 130 MONEY.—No depreciated currency to be paid persons having claiirns upon or demands against the State . . 62 MONROE COUNTY.—A fraction in the fifth district to be sold .47 MONTFORT, THEODRICK, resolution in favour of, 123 MORRISON, JOHN, resolution in favour of, ' . .17 MORGAN, LUKE J., resolutions in favour of, 112. 123. 146 MUSCOGEE COUNTY.—Sale of fractions in first district to be suspended . . . . . .111 NOTARIES, PUBLIC.—Augusta, city council of, author- ized to appoint, Appointment of, for Bullock county Baldwin county — Bryan county . Bibb county ;— Chatham county 12. 24. . 4 13. 27 . 14 . 20 . 28 14. 17. 20. 23 26. 27. 35. 36 18 27 20 29 15 18 16 24 29 7 20 36 3. 35 17 26. 36 36 15. 16. 23. Camden county ■ Clark county Franklin county Fayette county : Greene county Clynn county . Habersham county — Hall county Henry county . 1 Jefferson county Liberty county — Lincoln'county Mcintosh county — Madison county :—Richmond county Rabun county . Scriven county Twiggs county . . .12. 23 Wilkes county 36 NALLY CLEON AND GEORGE WALLACE, resolu tion in favour of, 17 OWEN SPENCER, resolution concerning lots drawn by, 17 OLIVER, WILLIAM W., (former tax-collector of Scriven county) the comptroller general to.issue a new exe- cution against him ...... 40 Resolution concerning him . . . .77 OQUAFINOCAU SWAMP.—The mathematician, how compensated for surveying ..... 1 Two surveyors authorized to survey the lands in the neighbourhood of, and^ their duty .... 5 Surveyors compensated . . . . .10 PEDLERS.—Concerning their licenses . . . 4. 57 PELOT, JAMES, administrator, &c., resolution in fa- vour of, 17 PENITENTIARY-—Rations of convicts . . .37 Resolution in regard to bringing convicts to, . . 37 Resolution concerning frequency of visits in the building 41 Report of the committee on, ..... 42 Salary of physician fixed . ..... 43 of the inspectors ...... 43 Reports on, . . ... 57. 90. 148 Reports in regard to attempt at revolt . . . 70, 71 Information concerning the penitentiary system to be collected ........ 109 Resolution concerning the collection of debts due . 124 PEDLERS' NOTICES.—To be published at Macon . 105 — at Columbus . 130 PAXTON, ROBERT, resolution in favour of, . .Ill PHILLIP, SPENCER, do. do. 91 PIERCE, LOViCK, do. do. 75 xxviii INDEX TO THE RESOLUTIONS. Page POOR-SCHOOL FUND.-^-The Governor to cause a dis- tribution of, to be made agreeable to census •. . 4^ Of Jones county, resolution concerning, " . 143 , Of Walton county, concerning the, ...» 107 Of Franklin county, concerning the,- . • • 107 Resolution concerning the trustees of, • 148 The Governor requested to have the act concerning, advertised . . . . . • ... 13- PORTRAITS.—Of Washington,Lafayette, Jefferson,Frank- . lin, and Oglethorpe, the Governor requested to pur- chase - • . . • . 50 PRESIDENT AND VICE-PRESIDENT OF THE U„ S.—Resolution for compensating the electors of, 112 PRESIDENCY.—Resolution recommending General A., Jackson as a candidate to the, . * . .77 Resolution concerning the, , . 1" . . 81 PRINCE'S DIGEST.—Resolution to have furnished one - hundred copies . . . . , . .35 PRINTING.—Contracts for, . 2. 9. 12'. 13,14. 21. 25. 27.44 ■ 69.109.123.144 PRYOR, MARLOW, a sum of money allowed him . . . . 25 PUBLIC EDUCATION.—rReport on,' and resolutions con- cerning, . . .... . .. . 6 A system of, to be digested by'a committee. 1 . . - 7 PUBLIC EDUCATION AND FREE-SCHOOLS.—Re- port of committee oh, . ». . . . , . , .79 Resolution for the appointment of some person to col- lect information on the subject of, ._ . . .138 PUBLIC HANDS.—Resolution to suspend the selling or Jiiring of the, . , * ' . " . . . . 144 PUGHSLEY, JOHN, resolution in favour of, . . . . 41 PILOTAGE.—A commissioner appointed for the port of - Darien ., . . * . . , . . 65 REES, JOHN, resolution in favour of, . . . * .. 17 REEVES, HENRY, resolution concerning a lot drawn by* 18 REPRESENTATIVE CHAMBER.—To be filled with convenient seats . .17 Seats of Speaker and clerk, resolution to alter . . 37 REPRESENTATIVES IN CONGRESS, —Resolution approbating their opposition to the tariff and Missouri '«• question . . • • 1 • - 2 REPRESENTATION.—Resolution Concerning the' re- duclion of, . " . » . . . .149 RESERVES.—Report on the subject of, made to the Che- rokees . . . . ... . .15 Resolution "on the subject of purchases within Indian reserves . . . . , . . .-21. Resolution concerning reserves .. - . . . 21 Rent of the reserves , . . . .37.47. 61 * The Mcintosh reserves to be rented . . . 69 JMclpto'sh, resolution ordering reverted properly at, to be sold . . .* . . . . .132 . In Houston county, to be rented out. 1 . . . * 70 RHAN, JOHN C., resolution concerning lots drawn by, . 18 RIGGS, RACHAEL, resolution in favour of4 . . .17 RICHARDSON, AMOS, report on his petition . . 45 RIVERS. — Altauiaha River, commissioners appointed for, . . „ 10. 21.24. 28. 35.'62/89. 111. 125 —2 reports concerning,'. 32. 133 Brier Creek, commissioners for, appointed . .21 Reports on, . ... . . . 30.39 Report on unexpended balance of appropriation for, 125 Broad River, commissioners for, appointed . . 1 Navigation Company requested to surrender their charter 45 Chattahoochie River, commissioners for, appointed *20. 89 108.116.130 Authorized to purchase slaves * 105 Required to make report Reports concerning, . .# . . .145.147 Great St. 111a River, commissioners fojr, appointed . 144 Fag« RIVERS.—Flint River, commissioners appointed to exa- mine . . . . • • . 123. 136 Oconee River.—Association Company, comlnissioners of, appointed . . . . . . . 20.30 Resolution expressive of confidence in their integrity, &c. . . . ' . . r . 43 The engineer required to examine tbe, . f .'76 Reports concerning, / 18.33. 107. 133 Qcmulgee River.—Navigation Company, commissioners '• appointed . j . .. 24.110.130 . Reports Concerning the, . 129.136.142 • Commissioners appointed to keep open, . . . . 109.114 Required to make a full report . / . . . .53 Phinholloway Creek.—Commissioners appointed for, 138 ' Savannah River.—Commissioners appointed for, 5. 22. 27 Required to return the unexpended balance of appro- " , priation for, . . . . . .24 Report on, from Petersburgh to Andersonville . . 40 The Governor requested to arrange with South* Caro- • lina for the improvement of,. ; . . 76 - Report concerning the surplus fund . . . .92 . Below Augusta, report concerning, . . . : .145 Savannah and Tugalo Rivers.—Report relative to,~T . 112 Tugalo.—Concerning the navigation of, . 33. 39 A commissioner appointed to keep open certain rivers, for the passage of fish . . , - . . . 65 RIVER COMMISSIONERS. — Resolution concerning them . . ' . 149 ROADS.—Report pn the subject of opening a road from • the Alapaha to the Florida line » . 32 Report concerning the commissioners appointed for ' said road' . . ' . . . . .46 Resolutions on the subject of said road . '. 36. 56 * • From Locust Stake to Clarksville, reports and fesolu- tions concerning, . . . . 60. 99. 133 .. From Locust Stake to the Curryhee mountain, resolu- tion concerning, / . . * 68 From Savannah to Macon, resolution congerning, . 56 From. Jencks's bridge to Macon, a commissioner ap- pointed for, . 65 From Decatur, in De Kalb county, to the town of Co- lumbus, resolutions on the Subject of laying out a road . . . . • . . ... 115. 143 ROBERTSON, MARY, resolution in her favour, for ser- vices rendered by her husband as a spy . . • . 3 SAFFOLD, ADAM G., resolution in favour of, . . . 2 -SAVANNAH, CITY of.—Resolutions upon the* distress produced by fire and pestilence in,. . . . 4 Health officer and harbour-master of, resolution, con- cerning their fees on vessels 14 Report on the communications made by the commis- sioner of fortifications in, . . ._ . .43 SCHLEY, WILLIAM, appointed to arrange and digest the « English statutes 37 A sum of money appropriated to him - . .47 SECRETARY of SENATE, authorized to employ addi- vtional engrossing clerks . . . .. 4!. 56 SENATE CHAMBER.—Seats of President and Secretaiyr * to be altered and improved 41 Resolution for extending the lobby of. . . .' 138 SENATUS ACADEMICUS.—Reports to be made them by county academies, &c. . . . .40 SLAVERY.—Report and resolution concerning tbe aboli- tion of, 38 SIMMONS, MARGARET, resolution-in favour of, . • . 3 SMITH, WILLIAM.—The Inferior Court of Walton county authorized to release him from d forfeited recognisance . . • . . . . .4 SMITH, MANSELL, a resolution in favour of, . . 55 STANLEY, ^WILLIAM, resolution in favour of, \ .18 INDEX TO THE RESOLUTIONS. xxix P«ge SPALDING, JAMES.—The Governor requested to have his grave enclosed .*•... STAPLETON, GEORGE, resolution in favour of . STATE-HOUSE.—Repairs to, authorized . A clock to he purchased for, ..... Enlargement of, report on the plan, &,c. . Appropriation for enlarging ..... Report and resolutions concerning .... Seats and cushions of the Representative chamber re- quired to be sold Resolution giving the use of the seats, &c. to the Bap- tist church ........ STATE-HOUSE OFFICERS.—Resolution in their favour 105 STATE-HOUSE SQUARE.—Resolution requesting the Governor to have it fenced . STEAMBOAT COMPANY.—Resolution relating to their contract witfi'the State 55 45 3 55 99 106 129 138 . 146 144 respecting their charter 3 32 40 15 3 131 Report on their memorial. STEPHENS, ISAAC, resolution in favour of, STROUD, WILLIAM, do. do. STUBBS, THOMAS B., do. do. SURVEYOR (See Oquqfinocau). SURVEYOR' GENERAL.—To have the plan? of districts in his office transcribed ..... SWAIN, THOMAS S., resolution in favour of, SWAIN, RICHARD, resolution in his favour -. STEPHENSON, ROWLAND, report and resolution re- lative to, STATE RIGHTS.—Report and resolutions on, . . TARIFF and INTERNAL IMPROVEMENT.—Report and resolutions concerning ..... TARIFF.—Memorial on the subject of that obnoxious law 119 Manifesto demanding the repeal of the, . . . 125 TARVER, ELIJAH, resolution in favour of, . . .123 TARVER, ELISHA, resolutions concerning, . 71. 108.. 116 TAYLOR, WILLIAM S,, resolutions in favour, of, 3. 17. 25 TAYLOR, WILLIAM' B., resolution in favour of, . .146 TERRITORY, EXTENSION of, report concerning, . 22 THANKSGIVING.—The Governor requested to set apart a day of, . . • • • .65 TREASURER.—Required to lay before the Legislature the amount of moneys, &c. in the treasury . . . 9 50 •1 12 132 116 85 Vagg TREASURER.—Required to receive Darien money from the collector of Emanuel county . . . .67 To make a detailed report to the Legislature . .81 Required to give bond in $200,000 . . . .55 TREASURY.—Reports on the state and condition of, 29. 63. 70 Report of money in, 106.113 Packages of money in, authorized to be broken . . 64 TREATY WITH THE INDIANS.—Resolution requiring the correspondence of the Governor in relation to, . 10 Resolution concerning a treaty with the Cherokees . 16 Reports on the subject of treaties (See Indians and Treaties). TRIPLETT, WILLIAM, resolution in favour of, . . 54 TRIPPE, TURNER H., resolution in favour of, . .144 TUCKER, MARY ANN, resolution in favour of, . .108 UNICOI TURNPIKE COMPANY.—Report on the sub- ject of a loan of money to be made them . . 22 The Governor requested to have the loan collected of them . *. 69 VENDUE-MASTERS.—City council of Augusta author- ' ized to appoint them for the city .... 4 One appointed'for Glynn county '. .. . .. 18 One appointed fot Macon 29 VIRGINIA.—Report and resolution concerning the map of, Ill VOLUNTEER COMPANY, in Camden County.—Reso- lution concerning, ...... 114 WADE, JAMES, resolution concerning, . . .76 WATKINS, WILLIAM, resolution in favour of, . • . 123 WATTS, LUDWELL, the Governor requested to extend the*respite to, . . . - . . . 105 WELLS, THOMAS F., resolution'concerning, . . 76 WELLBORN, CARLTON, resolution in favour of, . .126 WHITE, THOMAS, resolution in favour of, . . .111 WILKINSON COUNTY. —Exonerated from a charge . against, on confiscated property . . . .30 WILLIAMS, FREDERICs, an appropriation made to him 125 WINN, JOHN, resolution in favour of, . . " . ~ . 89 WOMBERZEE, EM ANUEL, report on his petition . 41 WOOD, ELISHA, report and resolution in favour of, ' . 95 WOOLFOLK, SOWELL, resolution in favour of, . . 95 WOOTTEN, BENJAMIN, resolution in favour of, . . 55 FINIS. 28