A Digest of the Laws of the State of Georgia from Its First Establishment

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THE UNIVERSITY OF GEORGIA

LAW LIBRARY

UNIVERSITY OF GEORGIA LAW LIBRARY

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http://www.archive.org/details/digestoflawsofst1800stat * LAW LIBRARY UNIVERSITY W GEORGIA AfHfiNS, GEORGIA ' ^ /-A UJ WUfk •*- A ~f- DIGEST :/C LAWSOF THE OF THE ^tate ut ^om-trs^Rrf-esTAZT&HMENr as a -briti: zofince down TO THE TEAR 179S, INCLUSIP AND THE PRINCIPAL ACTS OF ns9: IN WHir" independence; the State Conftitutions of and 1789. with the "v« the declaration ot 1777 Is co:m?rehended alterations and amendments in 1794- ALSO THE .»* \Conjlitution of 1798

*!» IT CONTAINS

ufeful and neceffary. or which afe explanatory force, as thofe whah are deemed AsA* wenwell anall uwthe Lavs in . the o{ wifting Luvs togetrrer, with TITLES OF ALL THE OBSOLETE AND OTHER ACTS. AND CONCLUDES

\ afc, • • Charters ana other Documents, rta j n ; n „ and defining the the»i,» jriirinal Appendix containing; WrrH an ^ ^ ^^ ^ ^ fouthern tribes ^ ^.^ ^ ^.^ ^ ot the 6ta Liir,-.8 and Boundary • States, ana Conftitution of the United a few Aa% of CoT, °£rL ;c . .nfederation and perpetual i""'"' Index to the wKole. Toget2)^ with a copious

sr ROBERT & GEORGE WATKINS.

philaBttyfjfcu STREET. BM&TED BY R. AITKEN, N<\ 22, MARKET

1800. 0:

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jf» C 7 st<- r/;C4/y ^ /^/9 ADDRESS

TO THE PI [J®.

7 I. HE following, work is offer: ic wider a con- v lotion of its utility. Not incited to thi '$ ? ndtrtaking, by ambition for literary fame, or with a vie : : their names enrolled in the catalogue of contemporary autbt * Ct 'Hers claim no merit but from their zealous assiduity and L npilation.

Having witnessed the numerous advantages ret ;./''' *be success of similar exertions, in other States, they dt ursue the example and collect the whole of the State laz, view. Such a work bad been long called for by the public, u.id had been contemplated by others at fan earlier period ; but, either from the dif- ficulty of the undertaking, or the want of legislative sanction, every attempt, in this State, has hitherto failed of success. Notwithstand- ing these difficulties, the present compilers observing with much con- cern the great uncertainty in the municipal regulations of the State, and the embarrassments thereby introduced into evkry department of courts the government, but particularly in tbz ofjustice, whither one of them was led by professional duty, they determined though, strange to the ta to relate, not without opposition, encounter s f> upon the credit of their own fortunes, and hazard its succe&l on itheir own indi- vidual reputations.

In a State whose government has been the theatre ofpoliti- cal agitations, in which the reciprocal struggles ofjarring and oppos- ing interests, have produced the alternate adoption and abrogation of opposite x^ A " • I iv ] opposite measures, the civil polity cannot but be subject to frequent and variagated changes : This unfortunately has been too much the case with the State whose legislative acts are here presented to the hublic ; and this too, he fd< d much to the labor and perplexity oj

nlertaking. Man) ofthi e . s have never been published, some

lost or desi, others in a tattered and mutilated con

! tdL p ence this collection is made, has bi-

' 1 i t.berio , rr uc' out of the public reach as the laws of

€aligula. Tb . ;, however, have exercised their utmost assiduity, in cc all the laws in force, passed since the first set- tlement of British province, together with such of the repealed < c j as were deemed useful and necessary, as governing the transactions under them, while in f^rcc..- These they have r arranged with tl all the other lawi » found, in the order of time in w • -:ey were passed, wuf,j< arginal notes and

' v : necessary ;v references as wen < to< he objects of succeed-

< ing legislatures %o Which is sub/oh mdamental regulations

which tl we enacted. The ca under dution of the State as re- 1 vised and am d at different the articles of confederation ndtb< a?id perpetual umf m of the United States. They ori-rinac have edso ac charters and other documents, ascertaining and dt tf miU and boundary of the State; all the

' treaties wi tribes of Indians, and a few acts of congress,,

If- to ' /mpilers have zealously endeavoured to fulfil their ens* they have to regret the unexpected delay of the be jniblicatr , however, to be hoped the causes will not over- looked. Soon after their commencement, measures were taken and pursued for a change in the constitution. This was too important not I * 3

not to wait the issue and incorporate the result. They have not only done this, but the delay has enabled them to add the laws of several years mors than originally intended; and the whole code has

recently undergone a thorough revision. In strict conformity ivith those engagements, a guide for justices of the peace should likewise

have been annexed: but the new matter already added, it is presumed,

will be deemed more than adequate. Indeed it has been considered that

the guide will be more useful, by being published in a small portable

volume. This will be done as soon as possible. The manuscript has

been long prepared, but the many alterations iitthe constitution and

laws have rendered a revision ofthat too, indispensably necessary. Such of the subscribers, however, as may not have occasion for the present

work, without the guide, will be at liberty to withdraw their names.

Another cause of delay jnay justly be ascribed to the agitation

of the public mind, during its progress, and to an opposition, which

sought to destroy the effects and enjoy the fruits of their labor, by an indelicate interference, and an illiberal competition.* Although

* During the firft feflion of the legislature of 1799, when the digeft was in theprefs, a candid reprefentation was made to them refpecting its progrefs. They took up the fubject and referred it to a large and refpectable joint committee from the two branches. This committee reported fpecially, and unanimoufly recommended an appropriation 'of fifteen hundred dollars, and added that they were the more induced to recommend the adoption of the meafurc " from a conviction that the faid digeft is a work of great labor and merit and will be

" of importance in forming a complete digeft, agreeably to the 8th feet, of the 3d art. of the conftitution ; and -" that thefaid Robert and George Watkins are entitled to a generous retribution- for their labor and exertions.'' It was thereupon refolved unanimoujly in thehoufe of reprefentatives, " that the fum of fifteen hundred dollars, " be appropriated" accordingly,, to their ufe. The fenate concurred by a larjc majority. During its progrefc» however, fome oppofition arofe in the fenate. This was at length explained by one of the governor's particular friends, who had the modefly, openly, to move that an addition be made to the impropriation act, in the words

following : " The fum of two thoufand dollars, fubject to the order of the governor, for the purpofe of enabling '*' the executive to promulgate the laws of the State, agreeably to the 8th fed. H the 3d art. of the confti- was directed, by a fecond refolutionj " tution.'' This was negatived—yeas 4, nays 11. And his excellency to pay the firfl mentioned fum on demand «' out of the contingent fund." Still unwilling to fubmit to the will of the legiflature, his excellency has not only been pleafed, in the recefs of that body, to difapprove of the appropriation, but has alfo charged the legiflaturc with violating the conftitution in making what he calls a " gratuity'' of the public money, and withholds the amount. On thefe facts, the compilers forbear to comment. [ vi ]

Although the authors of this work cannot boast of the patro-

nage of all their rulers, they have the consolation to believe; that in

offering it to the public, they are sanctioned, by the approving voice of the best informed and most impartial characters in the community.

To the indulgent eye of a generous public it is, therefore, cheerfully submitted.

The want of age and experience in the compnlers, engaged in an arduous profession, added to the circumstances already stated, forbid the hope of perfect correctness. Conscious, however, of the best intentions, they venture toflatter themselves that the errors will be found neither numerous or important.

Should a greater number of copies be wanted than are now

printed, a second edition will be published in octavo, in which all

intermediate alterations in the laws, will be duly noticed, and the ut-

most care taken to correct and improve theformer.

In a representative government, it is of the utmost consequence

to the body of the nation, to be rightly informed of those laws and regulations by which their duties are defined and their rights secured. To promote this desirable object, as far as was in their power, has

been the leading motive of the compilers. That it may answer the

ends proposed, and advance thepublic good, is their ardent wish.

Augusta, 1 July, 1799. HAVING been frequently consulted by Mess. Robert and George Watkins, during the progress of the following work, we

do certify, that in our opinion, it is correct, will be of great utility, and merits the public attention.

George Walton, William Stith, Jun. Seaborn Jones, George Walker.

Augusta, Nov. 15, 1798.

+mjl imMJwnax yjtfwmmjuw.mjimagcam i ' at-njwa

Cntetelr;

IN conformity to the a£l of the Congrefs of the United States, intkled " An

A& for the encouragement of Learning, by fecuring the Copies of Maps, Charts and Books, to the Authors and Proprietors of fuch copies during the times therein mentioned."

THE DECLARATION OF INDEPENDENCE.

JN CONGRESS, JULY 4, 1776.

* V HEN, in thecourfe of human events, it becomes necefTary for one people to clif- folve the political bands which have connected them with another, and to aiTunie^ among the powers of the Earth, the feparate and equal ftation to which the laws of nature and of nature's God entitle them, a decent refpect to the opinions of mankind requires that they fhould declare the caufes which impel them to the feparation.

We hold thefe truths to be felf evident \ that all men are created.equal y that they are endowed by their Creator, with certain unalienable rights ; that among thefe are life, liberty, and the purfuit of happinefs. That to fecure thefe rights, governments are inftituted among men, deriving their jud powers from the confent of the governed ; that whenever any form of government becomes destructive of thefe ends, it is the right of the people to alter or to abolifh ir, and to inftitute new govern-

ment, laying its foundation on fuch principles, and organizing its powers in fuch form, as to them (hall feem moft likely to effect their fafety and happinefs. Pru-

• dence, indeed, will dictate, that governments long eftablifhed, fhould not be chang-

- ed for light and tranfient caufes y and accordingly all experience hath fhewn, that mankind are more difpofed to fufFer, while evils are fufferable, than to right themfelves by abolifhing the forms to which they are accuftomed. But when a long train of

abufes and ufurpations, purfuing invariably the fame object, evinces a defign to reduce

them under abfolute defpotifm, it is their right, it is their duty, to throw off fuch government, and to provide new guards for their future fecurity. Such has been the

patient fufferance of thefe colonies ; and fuch is now the neceffity which conftrains them to alter their former fyftems of government. The hiftory of the prefent King

of Great-Britain is a hiftory of repeated injuries and ufurpations, all having in direct

object the eftablifhment of an abfolute tyranny over thefe States. .To prove this, let facts be fubmitted to a candid world. A He DECLARATION OF

He has refufed his affent to laws the moft wholefome and neceffary for the public good.

He has forbidden his governors to pafs laws of immediate and prefling importance, unlefs fufpended in their operation till his affent fhould be obtained ; and when fo fufpended, he has utterly neglected to attend to them.

He has refufed to pafs other laws for the accommodation of large diftri£ts of people, unlefs thofe people would relinquifh the right of reprefentation in the legiflature ; a right ineftimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unufual, uncomfortable, and diftant from the depofitory of their public records, for the fole purpofe of fatiguing them into compliance with his meafures.

He has diffolved reprefentative houfes repeatedly, for oppofmg, with manly firm- nefs, his invasions on the rights of the people.

He has refufed for a long time,, after fuch diffolutions, to caufe others to be electa

ed ; whereby the ligiflative powers, incapable of annihilation, have returned to the

people at large for their exercife ; the State remaining, in the mean time, expofed to

all the dangers of invafion from without, and convulfions within.

He has endeavored to prevent the population of thefe States;, for that purpofe ob-

flru£ting the laws for naturalization of foreigners ;. refufing to pafs others to encourage their migrations hither, and railing the conditions of new appropriations ofjands.

He has obflrufted the adminiftration of juftice, by refufing his affent to laws for, eitablifhing judiciary powers.

his will alone, for the tenure of their offices He has made judges dependant on s and the amount and payment of their falaries.

He has erected a multitude of new offices, and fent hither fwarms of officers, to harrafs our people, and eat out their fubftance.

He has kept among us,, in times of peace, {landing armies, without the content

el our legislatures.. :

INDEPENDENCE.

He has affected to render the military independent of, and fuperior to the civil power.

He has combined with others to fubjecl: us to a jurifdiclion foreign toffwr confuta- tion, and unacknowledged by our laws ; giving his affent to their acts of pretended legiflation :

For quartering large bodies of armed troops among us :

For protecting them, by a mock-trial, from punifhment for any murders which they fhould commit on the inhabitants of thefe States :

For cutting off our trade with all parts of the world :

For impofing taxes on us without our confent

For depriving us, in many cafes, of the benefits of trial by jury :

For tranfporting us beyond the feas to be tried for pretended offences :

For abolifhing the free fyftem of Englifh laws in a neighbouring province, eftablifhing therein an arbitrary government, and enlarging its boundaries, fo as to render it at once, an example and fit inftrument for introducing the fame abfolute rule into thefe colonies ;

For taking away our charters, abolifhing our mofc valuable laws, and altering funda- mentally, the forms of our governments :

For fufpending our own legiflatures, and declaring themfelves invefted with power to legiilate for us in all cafes whatsoever.

He has abdicated government here, by declaring us out of his protection, and wag- ing war againft us.

He has plundered our feas, ravaged our coafts, burnt our towns, and deftroyed the lives of our people.

He is, at this time, tranfporting large armies of foreign mercenaries to complete the works of death, defolation, and tyranny, already begun with circumftances of cruelty and perfidy, fcarcely paralleled in the mod barbarous ages, and totally un- worthy the head of a civilized nation.

' I 4 ^ DECLARATION OF •

He has ccmft rained our fellow citizens, taken captive on the high feas, to bear arms agaihft their country, to . become the executioners of their friends and brethren, or to fall themfelves by their hands.

He has^g x^fc/ted domeftic infurreftions amongft us, ana has endeavoured to bring on the inhabitai^Cs of our frontiers the mercilefs Indian favages, whofe known rule of warfare is an undiftinguifhed deftruftion of all ages, fexes and conditions.

In every ftage of thefe oppreffions we have petitioned for redrefs in the rrioft humble

terms : Our repeated petitions have been anfwered only by repeated injury. A Prince,

whofe character is thus marked by every aft which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our Britiih brethren : We have warned them from time to time, of attempts made by their legiflature, to extend an unwar- rantable jurifdiftion over us. We have reminded them of the circumftances of our and fettlement emigration here^f-We ^ ave a PP ea l ed to their native juftice and magna- nimity, and we have conjuredAbytne ties of our common kindred, to difavow thefe ufurpations, which would inevitably interrupt our connections and correfpondence. They too, have been deaf to the voice of juftice and of confanguinity. We muft, therefore, acquiefce in the neceffity which denounces our feparation, and hold them, as we hold the reft of mankind, enemies in war, in peace friends.

We, therefore, the Reprefentatives of the United States of America, in general Congrefs affembled, appealing to the Supreme Judge of the World, for the reftitude of our intentions, do, in the name, and by authority of the good people of thefe Colo- nies, folemnly publifh and declare —That thefe United Colonies are, and of right ought to be, Free and Independent States; that they are abfolved from all allegiance to the

Britifh Crown, and that all political connection between them and the State of Great-

Britain, is, and ought to be, totally diflblved 5 and that as Free and Independent States,

they have full power to levy war, conclude peace, contraft alliances, eftablifh com-

merce, and to do all other afts and things which Independent States may of right do. And for the fupport of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our facred honor. JOHN HANCOCK.

JOSIAH BARTLET, NEW HAMPSHIRE. ^WILLIAM WHIPPLE, MATTHEW THORNTON. MASSACHUSETTS INDEPENDENCE.

f SAMUEL ADAMS, JOHN ADAMS, BAT. j MASSACHUSETTS 1 ROBERT TREAT PAINE, LELBRIDGE GERRY. f*>

f STEPHEN HOPKINS, RHODE ISLAND, &c. ELLERY. I WILLIAM

f ROGER SHERMAN, « SAMUEL HUNTINGTON, CONNECTICUT. ?! \ WILLIAM WILLIAMS, LOLIVER WOLCOTT.

fWILLIAM FLOYD, LIVINGSTON, J PHILIP NEW TORK. 1 FRANCIS LEWIS, LLEWIS MORRIS.

f RICHARD STOCKTON, JOHN WITHERSPOON, j HOPKINSON, NEW JERSEY <5 FRANCIS JOHN HART, ABRAHAM CLARK.

ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN MORTON, CLYMER, PENNSYLVANIA. 4 GEORGE JAMES SMITH, GEORGE TAYLOR, JAMES WILSON, , iGEORGE ROSS.

f CAESAR RODNEY, DELAWARE. READ. I GEORGE ("SAMUEL CHASE

| WILLIAM PACA, i MARYLAND. \ THOMAS STONE, LCHARLES CARROLL, of Carrollton.

VIRGINIA. DECLARATION OF, &c.

f GEORGE WYTHE, RICHARD HENRY LEE, j THOMAS JEFFERSON, I VIRGINIA \ BENJAMIN HARRISON, THOMAS NELSON, Junr. J FRANCIS LIGHTFOOT LEE, LCARTER BRAXTON.

r WILLIAM HOOPER, NOR TH CAR OL INA, ) JOSEPH HEWES, CJOHNPENN.

f EDWARD RUTLEDGE, THOMAS HEYWARD, Junr. J SOUTH CAROLINA. i 1 THOMAS LYNCH, Junr. lARTHUR MIDDLETON.

BUTTON GWINNETT, GEORGIA. LYMAN HALL, GEORGE WALTON.

THE ^ajguajUMaih»tfMW;MI«lW»*fllM**J-g^

*THE CONSTITUTION w<£^--- if***™* y&f^fa-tr-ts*

W HEREAS the conduct of the legiflature of Great-Britain for many years pair, Preamble lias been fo oppreflive on the people of America, that of late years, they have plainly declared, and afferted a right to raife taxes upon the people of America, and to make laws to bind them in all cafes whatfoever, without their confent; which conduit being repugnant to the common rights of mankind, hath obliged the Americans, as free- men, to oppofe fuch oppreifive meafures, and to aflert the rights and privileges they are entitled to, by the laws of nature and reafon; and accordingly it hath been done by the general confent of all the people of the States of New-Hampfhire, MaiTachu- fetts-Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the counties of New-Caftle, Kent and Suflex on Delaware, Maryland, Virginia, North- Carolina, South-Carolina, and Georgia, given by their reprefentatives met together in General Congrefs, in the city of Philadelphia.

And whereas it hath been recommended by the faid Congrefs on the fifteenth of Maylaft, to the refpeclive aflemblies and conventions of the United States, where no government, fuffi'cient to the exigencies of their affairs, "hath been hitherto ettablifh- ed,, to adopt fuch government, as may, in the opinion of the reprefentatives of the people, belt conduce to the happinefs, and fafety of their conftituents in particular,, and America in general-. And whereas the independence of the United States of America has been alfo declared, Gil the fourth day of July, one thoufand feven hundred and feventy fi*, by the faid Honorable Congrefs, and all politic:! connection between them, and the crown of Great. Britain, is in cenfequence thereof diflblved.

We therefore the reprefentatives of the people, from whom all cower originates, and for whofe benefit all government is intended,, by virtue of the power delegated

to us, Do ordain and declare, and it is hereby ordained and declared, that the following rules and regulations be adopted for the future government of this State. L The

* Tlys CoaftitMtion gave place to the Conftkution of i?26. —p. 23, 8 DIGESTOFTHE

Legiflativc, ex- j # The l e gi{]ative, executive, and judiciary departments fliall be feparate and dif- '. ecutive and ju- . _ _ . ., , diciavy depart- imct, fo that neither exercife the powers properly belonging to the other. inents diftiiict.

Eledlion of Re- H. The legiflature of this State ihall be compofed of the reprefentatives of the preventatives. people, as is herein after pointed out : and the reprefentatives fhall be elected yearly,

and every year, on the fir ft Tuefday in December, and the reprefentatives fo elected

fhall mee^t the firft Tuefday in January following, at Savannah, or any other place or places where the Hcufe of Affembly for the time being fhall direct.

Governor&ex- ®n tne m"ft ^ a y °^ tn^ meeting of the reprefentatives fo chofen, they fhall proceed ecutive council, to the choice of a Governor, who fhall be (tiled Honorable; and of an executive council, by ballot out of their own body; viz. two from each county, except thofe counties which are not yet entitled to fend ten members. One of each county fhall always attend, where the governor refides, by monthly rotation; unlefs the members of

each county agree for a longer or fhorter period; this is not intended to exclude either member attending: the remaining number of reprefentatives fhall be called the Houfe of Affembly: and the majority of the members of the faid houfe fhall have power to proceed on bufinefs.

Affembly to be m. ;[ t flwU be an una i te rable rule, that the Houfe of Affembly fhall expire, and JJ Tl T1 1 1 Jl 1 be at an end yearly and every year, on the day preceding the day of election mentioned in the foregoing rule.

Ten members jy t The reprefentation fhall be divided in the following manner, ten members ty except Liber- from each county, as is herein after directed, except the county of Liberty, which ty—-fourteen. contains three parifhes, and that fhall be allowed fourteen. Wilkes county. The ceded lands north of Ogechee fhall be one county, and known by the name of Wilkes. Richmond. The parifh of St. Paul fhall be another county, and known by the name of Rich- mond. Burke. The parifh of St. George mail be another county, and known by the name of Burke. Effingham. The parifh of St. Matthew, and the upper part of St. Philip, above Canouchee, fhall be another county, and known by the name of Effingham. Chatham. The parifh of Chrift Church, and the lower part of St. Philip, below Canouchee, fhall be another county, and known by the name of Chatham. Liberty. The parifhes of St. John, St. Andrew, and St. James, fhall be another county and known by the name of Liberty. Glynn. The parifhes of St. David and St. Patrick fhall be another county, and known by the name of Glynn. Camden. The parifhes of St. Thomas and St. Mary fhall be another county, and known by the name of Camden. Port tnd town The port and town of Savannah fhall be allowed four members to reprefent their ot Savannah, * A four members, trade. The LAWS OF GEORGIA. 9

The port and town of Sunbury (hall be allowed two members to reprefent their trade. Sun bury, two L J members. V. The two counties of Glynn and Camden {hall have one reprefentative each, and Glynn & Cam- en r alfo they, and all other counties that may hereafter be laid out by the houfe of af- fe n tat°"e Hch. fembly, fhall be under the following regulations, viz. At their firft inflitution, each Reprefentative*

1 ' county fhall have one member, provided the inhabitants of the faid county fhall have apponbued

ten electors ; and if thirty, they fhall have two; if forty, three ; if fixty, four; if

eighty, fix ; if an hundred and upwards, ten ; at which time two executive coun-

feilors fhall be chofen from them, as is directed for the other counties.

VI. The reprefentative s fhall be chofen out of the refidents in each county, who Qualification of Rc r«*Hta vxs {hall have refided at leaft twelve months in this State, and three months in the county P ?* where they fhall be elected ; except the freeholders of the counties of Glynn and Camden, who are in a Mate of alarm, and who fhall have the liberty of chufing one member each, as fpecified in the articles of this conftitution, in any other county, until they have refidents fufficient to qualify them for more : And they {hall be of the proteftant religion, and of the age of twenty one years, and fhall be poffeffed in their own right of two hundred and fifty acres of land, or fome property to the amount of two hundred and fifty pounds.

VII. The houfe of affembly fhall have power to make fuch laws and regulations AffemMy to ™ ak ws as may be conducive to the good order and well being of the State ; provided fuch laws |f | and regulations be not repugnant to the true intent and meaning of any rule or regulation contained in this conftitution.

The houfe of alfembly fhall alfo have power to repeal all laws and ordinances May repeal laws bu lts w* they find injurious to the people : And fhe houfe fhall chufe its own fpeaker, appoint f ju e {,j' its own officers, fettle its own rules of proceeding, and direct writs of election for point its officers

vC ' fupplying intermediate vacancies ; and fhall have power of adjournment to any time or times within the year. K

VIII. All laws and ordinances {hall- be three times read, and each reading fhall be Manner of pafi"-.

u lavV!> an,ior~ on different and feparate days, except in cafes of great neceffity and danger; and all ;s? 6 laws and ordinances fliall be fent to the executive council after the fecond reading, for their perufal and advice.

IX. All male white inhabitants, of the age of twenty one years, and poffefled in Qualifications

te!e & s el '-* c - his own right of ten pounds value, and liable to pav tax in this State, or being of °. {' ; °. tioa byi ballot, i n i i any mechanic trade, and mall have been refideht fix months in this State, {hall have a right to vote at all elections for reprefentatives, or any other officers, herein agreed to be chofen by the people at large; and every perfon having a right to vote at any election, fhall vote by ballot perfonally.

X. No officer whatever fhall ferve any procefs, or give any other hindrance to Elections to ba

'rree arK L1 any perfon entitled to vote, either in going to the place of election, or during the * °P ° time of the laid election, or on their returning home from fuch election; nor {hall any military officer, or foldier, appear at any election in a military character, to the intent that all elections may be free and open. B- XL. Na- '

io DIGEST OF THE

Perfons to vote XI. No perfon (hall be entitled to more than one vote, which {hall be given in the count where fuch perfon refides, except as before fid^dtieo^no- y excepted ; nor fhall any perfon bilky difcjualifi- who holds any title of nobility be entitled to a vote, or be capable of fervi ng as a reprefentative, or hold any poll of honor, profit or truft in this State, whilft fuch perfon claims his title of nobility; but if the perfon fhall give up fuch diftinction, in the manner as may be directed by any future legiflature, then, and in fuch cafe, he

fhall be entitled to a vote, and reprefent, as before directed, and enjoy all the other benefits of a free citizen.

Perfons not vet- XII. Every perfon abfenting himfelf from an election, and fhall neglect to give in

,.;.: fubje& to hjg or their ballot, at fuch election, fhali be fubject to a penalty not exceeding five pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed

out and directed by act of the legiflature ; provided neverthelefs, that a reafonable excufe fhall he admitted

Reprefentatives XIII, The manner of electing reprefentatives fhall be by ballot, and fhall be taken e ele ':fted by two or more juftices of the peace, in each county, who fhall provide a convenient i° ^ ., box for receiving the faid ballots; and on clofmg the poll, the ballots fhall be com- pared in public, with the lift of votes, that have been taken, and the majority immediately declared; a certificate of the fame being given to the perfons elected, and alfo a certificate returned to the houfe of reprefentatives.

Ek&or's oath. XIV. Every perfon entitled to vote fhall take the following oath, or affirmation, if required, viz.

' I A. B. do voluntarily and folemnly fwear, or affirm as the cafe may be, that I do owe true allegiance to this State, and will fupport the conftitution thereof. So help me God.'

Reprefentatives XV. Any five of the reprefentatives elected, as before directed, being met, fhall oath bow adnn have power to adminifter the following oath to each other; and they or any other niftered. member, being fo fworn, fhall in the houfe adminifter the oath, to all other members that attend, in order to qualify them to take their feats, viz.

Oath. * I A. B. do folemnly fwear, that I will bear true allegiance to the State of Geor- gia, and will truly perform the trufts repofed in me; and that I will execute the fame to the belt of my knowledge, for the benefit of this State, and the fupport of the conftitution thereof; and that I have obtained my election without fraud or bribe whatever., So help rne God.'

Continental de- XVI. The continental delegates fhall be appointed annually by ballot, and fhall legates to be ap- * jj ave right to fit, debate and vote, in the houfe of aflembly, and be deemed a part pointed annu- . ally, and deern- thereof; (abject however to the regulations contained in the twelfth article of the C ' of the States. aifembly. confederation United

, ^ * XVII. No perfon bearing any poll of profit under this State, or any perfon bear- w _ incapable of a ing any military commiffion, under this or any other State or States, except officers

of the militia, fhall be elected a reprefentative. And if any reprefentative fhall be appointed LAWS OF GEORGIA. n appointed to any place of profit or military commiffion, which he mail accept, his feat fhall immediately become vacant, and he fhall be incapable of re-election whilft holding fuch office.

By this article, it is not to be underftood that the office vof a juflice of the peace is a poll of profit.

XVIII. No perfon fhall hold more than one office of profit, under this State, at No perfon to one and the fame time. hold more than oneomceoipro-

XIX. The governor fhall, with the advice of the executive council, exercife the PoWers of gov- executive powers of government, according to the laws of this State and the confti- ern or and e xe- . . tution thereof; fave only in the cafe of pardons, and remiflion of fines, which he fhall in no inftance grant; but he may reprieve a criminal, or fufpend a fine, until the meeting of the aflembly, who may determine therein as they fhall judge fit.

XX. The governor, with the advice of the executive council, fhall have power to May convene e a * em y ' call the houfe of of aflembly together, upon any emergency, before the time which I they Hand adjourned to.

XXI. The governor, with the advice of the executive Council, fhall fill up all Fill up all va, ca C intermediate vacancies that fhall happen in offices 'til the next general election : j ff„e\n And all commiffions, civil and military, fhall be iffiied by the governor, under his commiffions. hand, and the great feal of the State.

XXII. The governor may prefide in the executive council at all times, except Governor when taking into confideration, and perufing the laws and ordinances offered when they are counc ii, to them by the houfe of aflembly.

XXIII. The governor fhall be chofen annually by ballot, and fhall not be eligible How chofen & e lgn e to the faid office for more than one year out of three, nor (hall he hold any mill- " tary commiffion under any other State or States.

The governor fhall refide at fuch place as the houfe of aflembly for the time being His refidence, fhall appoint.

XIV. The governor's oath: Oath, ' I, A. B, elected governor of the State of Georgia, by the reprefentativcs thereof, do folemnly promife and fwear, that I will, during the term of my appointment, r'o the bed of my fkill and judgment, execute the faid office faithfully and confcien- tioufly, according to law, without favor, affection, or partiality; that I will, to the utmofl of my power, fupport, maintain, and defend the State of Georgia, and the conftitution of the fame; and ufe my utmofl endeavors to protect the people thereof in the fecure enjoyment of all their rights, franchifes and privileges; and that the laws and ordinances of the State be duly obferved, and that law and juftice in mercy be executed in all judgments. And I do further folemnly promife and fwear, that I will peaceably and quietly refign the government to which I have been elected, at ')" period to which my continuance in the faid office is limited by the conditution : And 52 DIGEST OF THE

And laftly, I do alfo folemnly fwear, that I have not accepted of the government whereunto I am elected, contrary to the articles of this conftitution. So help me God.'

This oath to be adminiftered to him by the fpeaker of the afTembly.

President's oath The fame oath to be adminiftered by the fpeaker to the prefident of the council.

No perfon fhall be eligible to the office of governor who has not refided three years in this State.

Prefident & of- XXV. The executive council fhall meet the day after their election, and proceed council ficers of to the choice of a prefident out of their own body—they (hall have power to appoint how appointed. their own officers, and fettle their own rules of proceedings.

Council to vote The council {hall always vote by counties, and not individually. by counties.

Proteft how en- XXVI. Every counfellor, being prefent, fhall have power of entering his proteft tered. againft any meafures in council he has not confented to; provided he does it in three days.

Powers of coun- XXVII. During the fitting of the afTembly, the whole of the executive council refpeiting cil fhall attend, unlefs prevented by ficknefs, or fome other urgent neceffity; and in that laws and ordinances. cafe, a majority of the council fhall make a board to examine the laws and ordi-

nances fent them by the houfe of afTembly j and all laws and ordinances fent to the council fhall be returned in five days after, with their remarks thereon.

Propofed XXVIII. A committee from the council, fent with any propofed amendments to amendments any law or ordinance, fhall deliver their reafons for fuch propofed amendments, how delivered.

fitting and covered ; the whole houfe at that time, except the fpeaker,- unco- vered.

Prefident when XXIX. The prefident of the executive council, in the abfence or ficknefs of the fo act as gover- governor, fhall exercife all the powers of the governor. > nor. ,

Governor may XXX. When any affair that requires fecrecy fhall be laid before the governor, adminifter oath and the executive council, it fhall be the duty of the governor, and he is hereby ef fecrecy K> council. obliged to adminifter the following oath, viz.

Oath. * I A. B. do folemnly fwear, that any bufinefs that fhall be at this time communicated to the council, I will not, in any manner whatever, either by fpeaking, writing, or otherwife reveal the fame, to any perfon whatever, until leave given

by the council, or when called upon by the houfe of afTembly ; and all this I fwear without any refervation whatever. So help me God.'

fhall To iecretary &c And the fame oath be adminiftered to the fecretary and other officers ne- ceiTary to carry the bufinefs into execution.

Executive pow- XXXI. The executive power fhall exift 'til renewed as pointed out by the rules er how long to of this conftitution. exift. XXXII. . ; ;

LAWS OF GEORGIA. i 3

XXXII. In all tranfa&ions between the legiflative and executive bodies, the fame Legiflature and cutl e tran fliall be communicated by mefTage, to be delivered from the legiflative body to I ^ e ee£ the governor, or executive council, by a committee ; and from the governor to the them how ma- naSed - houfe of affembly, by the fecretary of the council ; and from the executive coun-

cil, by a committee of the faid council.

XXXIII. The governor, for the time being, fhall be captain general and com- Governor's mi- lltar mander in chief over all the militia, and other military and naval forces belonging y tItle * to this State.

XXXIV. All militia commiflions fhall fpecify, that the perfon commiffioned Militia com- /, 11 . j ILL- millions how fhall continue during good behaviour. lon to conti_ nae. XXXV. Every county in this State that has, or hereafter may have, two hun- B atta]; ors how dred and fifty men, and upwards, liable to bear arms, fhall be formed into a bat- formed.

talion ; and when they become too numerous for one battalion, they fhall be formed

into more, by bill of the legiflature ; and thofe counties that have a lefs number than two hundred and fifty, fhall be formed into independent companies.

XXXVI. There fhall be eftablifhed in each county a court, to be called a Superior court

Superior Court, to be held twice in each year. On the firft Tuefday in March in the anywhere \olc held. county of Chatham ;

The fecond Tuefday in March, in the county of Effingham ; The third Tuefday in March, in the county of Burke

The fourth Tuefday in March, in the county of Richmond ; The next Tuefday in the county of Wilkes

And Tuefday fortnight, in the county of Liberty ;

The next Tuefday in the county of Glynn ;

The next Tuefday in the county of Camden ; The like courts to commence in Odtober, and continue as above.

XXXVII. All caufes and matters of difpute, between any parties refiding in the Matters in dif fame county, to be tried within the county. Pute *

XXXVIII. All matters in difpute between contending parties, refiding in dif- Where tried. ferent counties, fhall be tried in the county where the defendant refides, except in cafes of real eflates, which fhall be tried in the county where fuch real eftate lies.

XXXIX. All matters of breach of the peace, felony, murder, and treafon againft Criminals w ere tne the State, to be tried in the county where the fame was committed. All matters of ' difpute, both civil and criminal, in any county where there is not a fufficient number of inhabitants to form a court, fhall be tried in the next adjacent county where a court is held.

XL. All caufes, of what nature Toever, fhall be tried in the fupreme court, Superior court

unfdl

i three or'feof&<0$(itfe"e*f6l^6%si- f«fiS'Jft^ in the county j in cafe of the abfence of the

chief juftice, triV-ffefiiofr j^&fcebo'ff the bench fhall zOl as chief juftice, with the clerk of the county, attorney for the ftate, fheriff, coroner, conftable, and the jurors. And in cafe of the abfence of any of the aforementioned officers, the juftices to

appoint others in their room pro tempore. And if any plaintiff or defendant in civil caufes fhall be diffatisfied with the determination cf the jury, then, and in that cafe,

Appeals how to they fhall be at liberty within three days to enter an appeal from that verdict, and fee tried. demand a new trial by a fpecial jury, to be nominated as follows, viz. each party,

plaintiff and defendant, fhall chufe fix, fix more names fhall be taken indifferently out of a box provided for that purpofe, the whole eighteen to be fummoned, and

their names to be put together into the box, and the firft twelve that are drawn out, being prefent, mail be the fpecial jury to try the caufe, and from which there fhall be no appeal. jury, judges of XLI. The jury fhall be judges of law, as well as of fact, and fhall not be al- law and Fact, lowed to bring in a fpecial verdict ; but if all, or any of the jury, have any doubts concerning points of law, they fhall apply to the bench, who fhall each of them in rotation give their opinion.

Howfwom, XLII. The jury fhall be fworn to bring in a verdict according to law, and the

opinion they entertain of the evidence ; provided it be not repugnant to the rules and regulations contained in this conftitution.

Special jury XLIII. The fpecial jury fhall be fworn to bring in a verdict according to law,

and the opinion they entertain of the evidence ; provided it be not repugnant to juftice, equity, and confcience, and the rules and regulations contained in this conftitution, cf which they fhall judge.

"aptures by fea XLIV. Captures, both by fea and land, to be tried in the county where fuch a. d land where fl^j ^e carr i e<:i \ n a fpecial court to be called by the chief juftice, or in his ab- snu how tried. ,,,-..„..,,.., ,. e , fence, by the then fenior juftice in the laid county, upon application or the cap- tors, or claimants, which caufe fhall be determined within the fpace of ten days.

The mode of proceeding and appeal fhall be the fame as in the fuperior courts ;

unlefs after the fecond trial, • an appeal is made to the Continental Congrels ; and the diftance of time between the firft and fecond trial {hall not exceed fourteen

days : And all maritime caufes to be tried in like manner.

find a bill. Grand jury. XLV. No grand jury fhall confift of lefs than eighteen, and twelve may

_ ' (•„„•„/; XLVI. That the court of confcience be continued as heretofore praftifed, and that enee. the jurisdiction thereof be extended to try caufes not amounting to more than ten pounds.

court ExecmTonshow XLVII. All executions exceeding five pounds, except in the cafe of a mer- -' £ r- (] - chant, fhall be flayed until the firft Monday in March; provided fecurity be given for debt and colts. XLVII I. LAWS OF GEORGIA. 15

XLVIII. All. the cofts attending any action in the fuperiour court {hall not exceed Superior court ^^ coirs c 3 nff^ the fum of three pounds, and that no caufe be allowed to depend in the fuperior how'longto court longer than two terms. continue.

XLIX. Every officer of the State (hall be liable to be called to account by the officers how catted to ac- rr 1 1 houfe or aflembly. count.

L. Every county fhall keep the public records belonging to the fame, and authen- Public records

vv ere pt * ticated copies of the feveral records now in the pofTeflion of this State (hall be made out and depofited in that county to which they belong.

Eftates not tobe LI. * Eftates fhall not be entailed ; and when a perfon dies inteftate, his or her eftate fliall be divided equally among their children ; the widow fhall have a child's divided.' fhare, or her dower, at her option; all other inteftates eftates to be divided according to the act of diftribwtion, made in the reign of Charles the fecond, unlefs otherwife altered by any future act of the legiflature.

* e ft e ° f ro " LII. A regifter of probates fhall be appointed by the legiflature in every county, P ^ h J for proving wills, and granting letters of adminiftration. pointed.

LIII. All civil officers in each county fliall be annually elected on the day of the County officers

a 0intC(i ' general election; except juftices of the peace, and regifters of probates, who fhall be ' rP appointed by the houfe of aflembly.

LIV. Schools fhall be erected in each county, and fupported at the general ex- Public fihooU. pence of the State, as the legiflature fhall hereafter point out.

LV. A court houfe and jail fhall be erected at the public expence in each county, Court-houfes a " 3 ' where the prefent convention, or the future legiflature fhall point cut and direct. :'

LVI. All perfons whatever fhall have the free exercife of their religion; provided Pv.eligioustoler- it be not repugnant to the peace and fafety of the State; and fhall not, unlefs by confent, fupport any teacher, or teachers, except thofe of their own profeffion.

LVII. The great feal of this State fhall have the following device: on one fide a Great ftal its fchrol!, whereon fhall be engraved, dlvKe - The Conftitution of the State of Georgia ; and the motto, Pro bono publico ; — on the other fide, an elegant houfe, and other buildings, fields of corn, and meadows covered with fheep and cattle; a river running through the fame, with a fliip under full fail, and the motto, Deus nobis hac otiajecit.

LVIII. No perfon fhall be allowed to plead in the courts of law in this State, Actotfoies how

aanuUc;d ' except thofe who are authorifed fo to do by the houfe of aflembly; and if any perfon fo authorifed fhall be found guilty of mal practice before the houfe of affembly, they fhall have power to fufpend them. This is not intended to exclude any peifon from that inherent privilege of every freeman> the liberty to plead his own caufe.

LIX. Exceffive fines fliall not be levied, nor exceffive bail demanded, finest ail rot LX. * See aft of 17S5, No. 307, I<> DIGEST OF THE

Habeas Corpus. j^x. The principles of the habeas corpus act fhall be a part of this constitution.

of Freedom preis LXI. Freedom of the prefs, and trial by jury, to remain inviolate forever.** & trial by jury.

Clergymen in- LXII. No clergyman, of any denomination, fhall be allowed a feat in the legif- eligible. lature.

This conftitu- LXIII. No alteration mall be made in this conftitution, without. petitions from a tion how altered majority of the counties, and the petitions from each county to be figned by a majority of voters in each county within this State: At which time the affembly fhall order a convention to be called for that purpofe, fpecifying the alterations to be made, according to the petitions preferred to the afTembly by the majority of the counties as aforefaid.

DONE at Savannah, in Convention, the fifth day of February, in .the year of our Lord one thoufand feven hundred and feventy-feven, and in the

flrfl year of the Independence of the United States of America.

A. D. 1670. An aft for the better fettling of Intefcites EJlcites.

22 & 23 c. 2. E it enacted. That all ordinaries, as well the judges of the prerogative courts of c. 10. Alt ordinaries Canterbury and Tork for the time being, as all other ordinaries and ecclefiaftical who have pow- judges and every of them, having power to commit adminiftration of the goods of er to grant ad- per- miniftrations, fons dying inteftate, fhall and may upon their refpective granting and committing of have power to take bond. administrations of the goods of perfons dying inteftate, after the i ft day of June,. Vanghan, 96. 167 1, of the refpective perfon or perfons to whom any adminiftration is to be com- 31 Ed. 3. c. ii. mitted, take fufficient bonds with two or more able fureties, refpect being had to the value of the eftate, in the name of the ordinary, with the condition in form and manner following, mutatis mutandis, viz. " The condition II. The condition of this obligation is fuch, That if the within bounded A. B. ad- •f the bonds. ministrator of all and lingular the goods, chattels and credits of C. D. deceafed,

do make or caufe to be made a true and perfect inventory of all and fingular the goods, chattels and credits of the faid deceafed, which have or fhall come to the hands, poffeffion or knowledge of him the faid A. B. or into the hands and poffeffion of any other perfon or perfons for him, and the fame fo made do exhibit or caufe to be exhibited into the regiftry of court, at or before the day of next enfuing 5(2) and the fame goods, chattels and credits, and all other the goods, chattels and credits of the faid deceafed at the time of his death, which at any time after fhall come to the hands or pofTef- fion of the faid A. B. or into the hands and poffefiion of any other perfon or per-

fons for him, do well and truly adminifter according to law: (3) And further, do make or caufe to be made, a true and juft account of his faid adminiftration, at or before the day of And all the reft and refidue of the faid goods, chattels and credits which fhall be found remaining M upon LAWS OF GEORGIA. 17 t( upon the faid adminiftrator's account, the fame being firft examined and allowed of a by the judge or judges for the time being of the faid court, fhall deliver and pay unto a fuch perfon or perfons refpectively, as the faid judge or judges by his or their de- 1 Salle. 315, a cree or fentence, purfuanl to the true intent and meaning of this act, -fhall limit a and appoint. (4) And if it fhall hereafter appear, that any laft will and teftament a was made by the faid deceafed, and the executor or executors therein named do

exhibit the fame into the faid court, making requefl to have it allowed and approved accordingly, if the faid A. B. within bounden, being thereunto required, do tt render and deliver the faid letters of adminiftration (approbation of fuch teftament u being firft had and made) in the faid court, then this obligation to be void and of " none effect, or elfe to remain in full force and virtue." III. Which bonds are hereby declared and enacted to be good to all intents and Ordinaries have power to call faid ordinaries purpofeS, and pleadable in any courts of juftice: (2) And alfo that the adminiftrators and judges refpectively, fhall and may, and are enabled to proceed and call fuch to account, and to make diftri- adminiftrators to account, for and touching the goods of any perfon dying inteftate; bution amongft; the wife and (3) and upon hearing and due confederation thereof, to order and make juft and children, &c. equal diftribution of what remaineth clear (after all debts, funerals and juft expences Vin. v. 14,464. Wood, p. of every fort firft allowed and deducted) amongfl the wife and children, or children's 1.159, explained by I. children, if any fuch be, or otherwife to the next of kindred to the dead perfon in Jac. a. c. 17. equal degree, or legally reprefenting their flocks pro fuo cuique jure, according to the fecSt. 8. Skinner 26. laws in fuch cafes, and the rules and limitation hereafter fet down: And the fame diftri- brutions to decree and fettle, and to compel fuch adminiftrators to obferve and pay the fame, by the due courfe of his majefty's ecclefiaftical laws: (4) Saving to every one, fuppofing him or themfelves aggrieved, their right of appeal as was always in fuch cafes ufed.

V. Provided always, That all ordinaries and every other perfon who by this act is How and to whom the fur- enabled to make diftribution of the furplufage of the eftate of any perfon dying intef- plufage is to be tate, fhall diftribute the whole furplufage of fuch eftate or eftates in manner and diftributed. 2 Mod. ao, 101. form following, that is to fay, (2) one third part of the faid furplufage to the wife 3 Mod. 58. of the inteftate, and all the refidue by equal portions, to and amongft the children of 1 Vern. 465. fuch perfons dying inteftate, and fuch perfons as legally reprefent fuch children, in cafe any of the faid children be then dead, other than fuch child or children (not being heir at law) who fhall have any eftate by the fettlement of the inteftate, or fhall be advanced by the inteftate in his life time, by portion or portions equal to the fhare which fhall by fuch diftribution be allotted to the other children to whom fuch diftribution is to be made: (3) And in cafe any child, other than the heir at law, who fhall have any eftate by fettlement from the faid inteftate, or fhall be advanced Advancement by portion. by the faid inteftate in his life time by portion not equal to the fhare which will be due to the other children by fuch diftribution as aforefaid; then fo much of the furplufage of the eftate of fuch inteftate, to be diftributed to fuch child or children as fhall any land have by fettlement from the inteftate, or were advanced in the life time 1 Shower 2?. of the inteftate, as fhall make the eftate of all the faid children to be equal as near as C can i8 DIGEST OF THE

Heir at law to can be estimated: (4^ But the heir at law, notwithstanding any lands that he fhall have an equal part. have by defcent dr otherwife from the inteftate, is to have an equal part in the diftri- 1 Ven. to. 3 bution with the reft of the children, without any confederation of the value of the a Lev. 173. 2 Ven. 317. land which he hath by defcent, or otherwife, from the inteftate. 1 Mod. 209. VI. And in cafe there be no children nor any legal reprefentatives of them, then 2 Mod. 204. one moiety of the faid eftate to be allotted to the wife of the inteftate, the refidue of the faid eftate to be diftributed equally to every of the next kindred of the inteftate, who are in equal degree, and thofe who legally reprefent them.

If no wife, then VII. Provided, That there be no reprefentations admitted among collaterals after to be diftribut- brothers and filters children: And in cafe there be no wife, then all the faid ef- ed amongft the {7) children. tate to be diftributed equally to and amongft the children: (3) And in cafe there be 1 Sack. 250. no child, then to the next of kindred in equal degree, of or unto the inteftate, and Raymond 496. Carthew 5 £. their legal reprefentatives as aforefaid, and in no other manner whatfoever. jofU'sfirTho. 93 VIII. Provided and be it likeivife enabled, the end that a 2 Vernon, 169, alfo, To due regard be had I/O. 233- to the creditors, that no fuch diitribution of the goods of any perfon dying inteftate to be diitribution No till fully expired after inteftate' made after one year be the s death 5 (2) and that fuch 'till a(ter one year. If debts and every one to whom any diftribution and fhare fliall be allotted, fhall give bond afterwards ap- with fufficient fureties in the faid courts, that if any debt or debts truly owing by pear, then all to refund pro- the inteftate fhall be afterwards fued for and recovered, or otherwife duly made to portionably. appear, that then and in every fuch cafe he or fhe fhall refpectively refund and pay back to the administrator his or her rateable part of that debt or debts, and of the cofts of fuit and charges of the administrator by reafon of fuch debt, out of the part and fhare fo as aforefaid allotted to him or her, thereby to enable the faid administrator to pay and fatisfy the faid debt or debts fo difcovered after the diftribution made as aforefaid. IX. Provided always, In all cafes where the ordinary hath ufed heretofore to grant This a£ fhall not extend to administration cum teftamento annexo, he fhall continue fo to do, and the will of the adminifiration deceafed in fuch teftament expreSTed fliall be performed and obferved in fuch manner cum teftamento ar.neso. as it fhould have been if this att had never been made.

An Acl for the better fecuring the liberty of the fubjecl, andfor prevention of imprifonment s beyond the feas.

WHEREAS great delays have been ufed by Sheriffs, jailors and other officers, to whofe cuftody any of the king's fubjetSts have been committed for criminal or fuppofed criminal matters, in making returns of writs of habeas corpus to them directed, by Standing out on alias and piuries habeas corpus, and fometimes more, and by other Shifts to avoid their yielding obedience to fuch writs, contrary to their duty and the known laws of the land, whereby many of the king's fubjects have been and hereafter may be long detained in prifon, in fuch cafes where by law they are bailable, to their great charges and vexation :'

II. LAWS OF GEORGIA. rg

II. For the prevention whereof, and the more fpeedy relief of all perfons impri- writs of habeas

e ° r within criminal or fuppofed criminal matters Be it enabled, t"" foned for any fuch ; (2) That , ''• three days after r r n iii r; i-oi r, whenfoever any perlon or perions mail bring any habeas corpus directed unto any lheriff ferviee to be re-

ur ie( , and t, or fheriffs, gaoler, minifter, or other perfon whatfoever, for any perfon in his or their j i j .. i 7 cuftody, and the faid writ fhaLl be ferved upon the faid officer, or left at the gaol or within aomiles,

c ' prifon with any of the under officers, under keepers^ or deputy of the faid officers or vin # v keepers, that the faid officer or officers, his or their under officers, under keepers or 209. &c. deputies, fhall within three days after the ferviee thereof as aforefaid, (unlefs the commitment aforefaid were for treafon or felony, plainly and fpecially expreffed in the warrant of commitment) upon payment or tender of the charges of bringing the faid prifoner, to be afcertained by the judge or court that awarded the fame, and en- dorfed upon the faid writ, not exceeding twelve pence per mile, and upon fecurity given by his own bond to pay the charges of carrying back the prifoner, if he fhall be remanded by the court or judge to which he fhall be brought according to the true intent of this prefent act, and that he will not make any efcape by the way, make of return of fuch writ, (3 ) and bring or caufe to be brought the body the party fo committed or reftrained, unto or before the lord chancellor, or lord keeper of the great feal of England for the time being, or the judges or barons of the faid court from whence the faid writ fhall iflue, or unto and before fuch other perfon or perfons before whom the faid writ is made returnable, according to the command thereof;

(4) and fhall then likewife certify the true caufes of his detainer or imprifonment, unlefs the commitment of the faid party be in any place beyond the diftance of twenty miles from the place or places where fuch court or perfon is or fhall be refiding ; and if beyond the diftance of twenty miles, and not above one hundred miles, then within the fpace of ten days, and if beyond the diftance of one hundred miles, then within the fpace of twenty days, after fuch delivery aforefaid, and not longer.

III. And to the intent that no fheriff, gaoler, or other officer may pretend igno- Such writs how

tobemarked - ranee of the import of any fuch writ; (2) Be it enabled by the authority aforefaid,

That all fuch writs fhall be marked in this manner, Per Statutum iricefmo, primo Caroli Writs of habeas

Secundi Regis, and fhall be figned by the perfon that awards the fame and if ; (3) p^eedtn s any perfon or perfons fhall be or ftand committed or detained as aforefaid, for any thereon in va- crime, unlefs for felony or treafon plainly expreffed in the warrant of commitment, in the vacation time, and out of term, it fhall and may be lawful to and for the perfon or perfons fo committed or detained (other than perfons convicted or in execution by legal procefs) or any one on his or their behalf, to appeal or complain to the lord chancellor or lord keeper, or any one of his majefty's juftices, either of the one bench or of the other, or the barons of the exchequer of the degree of the coif; (4) and the faid lord chancellor, lord keeper, juftices or barons or any of them, upon view of the copy or copies of the warrant or warrants, of commitment and detainer or otherwifc upon oath made, that fuch copy or copies/ were denied to be given by fuch perfon

or perfons in whofe cuftody the prifoner or prifoners is or are detained, are hereby au- . thorifed and required, upon requeft made in writing by fuch perfon or perfons, or any on his, her or their behalf, attefted and fubferibed by two witneffes who were prefent at the delivery of the fame, to award and grant an habeas corpus under the feal of fuch court 20 DIGEST OF THE

court whereof (hall then be one of the judges, (5) to be directed to the officer or officers in whofe cuftody the party fo committed or detained (hall be returnable immediate before the faid lord chancellor or lord keeper, or fuch juftice, baron, or any other juftice or baron of the degree of the coif of any of the faid courts; (6) and upon fervice thereof as aforefaid, the officer or officers, his or their under officer or under officers,

under keeper or under keepers, or their deputy in whofe cuftody the party is fo committed or detained, mall within the time refpe£tively before limited, bring fuch prifoner or prifoners before the faid lord chancellor or lord keeper, or fuch juftices,

barons or one of them, before whom the faid writ is made returnable, and in cafe of his abfence before any other of them, with the return of fuch writ, and the true

caufes of the commitment and detainer; (7) and thereupon within two days after the party fhall be brought before them, the laid lord chancellor or lord keeper, or fuch juftice or baron before whom the prifoner fhall be brought as aforefaid, fhall difcharge the faid prifoner from his imprifonment, taking his or their recognizance, with one or more furety or fureties, in any fum according to their difcretions, having regard to the quality of the prifoner and nature of the offence, for his or their appearance in the court of king's bench the term following, or at the next affizes, feffions or general gaol delivery of and for fuch county, city or place where the commitment was, or

where the offence was committed, or in fuch other court where the faid offence is properly cognizable, as the cafe fhall require, and then fhall certify the faid writ with the return thereof, and the faid recognizance or recognizances into the faid

court where fuch appearance is to be made; (8) unlefs it fhall appear unto the faid lord chancellor or lord keeper, or juftice or juftices, or baron or barons, that the

party fo committed is detained upon a legal procefs, order or warrant, out of fome court that hath jurifdiclion of criminal matters, or by fome warrant figned and fealed with the hand and feal of any of the faid juftices or barons, or fome juftice or juftices

of the peace, for fuch matters or offences for the which by the law the prifoner is, not bailable.

Peribnsneg!e&- IV. Provided always, and be it enacted, That if any perfon fhall have wilfully neg- mg two terms ] e ^ e(j Dy th e fpace of two whole terms after his imprifonment, to pray a habeai cor- to pray a habeas ' r r _ . ,o^»j,fhailhave pus for his enlargement, fuch perfon fo wilfully neglecting fhall not have any habeas none m vacati- .p s to granted in vacation time, in purfuance of this a£t. on time in pur- * ^ ° this ...if or fuance of V. And be it further enacted by the authority aforefaid, That any officer officers, 3 " his or their under officer or under officers, under keeper or under keepers, or de- the aforefaid, or to bring the body be riraceeded a- puty, fhall neglect or refufe to make returns gainft for not or bodies of the prifoner or prifoners according to the command of the faid writ, writs. within the refpective times aforefaid, or upon demand made by the prifoner or perfon in his behalf, fhall refufe to deliver, or within the fpace of fix hours after demand fhall not deliver to the perfon fo demanding, a true copy of the warrant or warrants of commitment and detainer of fuch prifoner, which he and they are

hereby required to deliver accordingly ; all and every the head gaolers and keepers of fuch prifons, and fuch' other perfon in whofe cuftody the prifoner fhall be de-

tained, fhall for the fir ft offence forfeit io the prifoner or party grieved the fum of OR© ;

LAWS OF GEORGIA. 2t

one hundred pounds ; (2) and for the fecond offence the fum of two hundred pounds, and fhall and is hereby made incapable to hold or execute his faid office

(3) the faid penalties to be recovered by the prifoner or party grieved, his executors or adminiftrators, againft fuch offender, his executors or adminiftrators, by any action of debt, fuit, bill, plaint or information, in any of the king's courts at Wejlminfter, wherein no effoine, protection, privilege, injunction, wages of law, or ftay of profecution by non vult ulterius pro/equi, or otherwife, fhall be admitted or allowed, or any more than one imparlance ; (4) and any recovery or judgment at the fuit of any party grieved fhall be a fufficient conviction for the fir ft offence ; and may after recovery, or judgment at the fuit of a party grieved for any offence after the firft judgment, fhall be a fufficient conviction to bring the officers or perfon within the faid penalty for the feccnd offence.

VI. And for the prevention of unjuft vexation by reiterated commitments for the Perfons fet at ^ it enabled by the authority perfon fame offence, (2) Be aforefaid, That no or perfons /committed which fhall be delivered or fet at large upon any habeas corpus, fhall at any time but by order of hereafter be again imprifoned or committed for the fame offence by any perfon or perfons whatfoever, other than by the legal order and procefs of fuch court wherein he or they fhall be bound by recognizance to appear, or other court having jurisdiction of the cauie ; (3) and if any other perfon or perfons fhall knowingly, contrary to this act, recommit or imprifon, or knowingly procure or caufe to be re- committed or imprifoned, for the fame offence or pretended offence, any perfon or perfons delivered or fet at large as aforefaid, or be knowingly aiding or affifting therein, then he or they fhall forfeit to the prifoner or party grieved the fum of five hundred pounds ; any colorable pretence or variation in the warrant or warrants of commitment notwithftanding, to be recovered as aforefaid.

VII. Provided always, and be itfurther enabled, That if any perfon or perfons fhall Perrons com- Itted fo trea " be committed for high treafon or felony, plainly and fpecially expreffed in the war- ™ ^ rant of commitment, upon his prayer or petition in open court the firft week of the fhall be indidted '"' of oyer terminer 1 term, or firft day of the feffions and and general goal delivery, to be o/iej^bau' brought to his trial, fhall not be indicted fome time in the next term, feffions of oyer and terminer or general gaol delivery, after fuch commitment •, it fhall and may be lawful to and for the judges of the court of king's bench and juftices of oyer and terminer or general gaol delivery, and they are hereby required, upon motion to them made in open court the laft day of the term, feffions or gaol delivery, either by the prifoner or any one in his behalf, to fet at liberty the prifoner upon bail, unlefs it appear to the judges and juftices upon oath made, that the witneffes for the king could not be produced the fame term, feffions or general gaol delivery ; (2) and if any perfon or per- And tried the teTt"' c afftere fons committed as aforefaid, upon his prayer or petition in open court the firft week ^ - ! J- 1 or (lnchargea. r;A > _ of the term or firft day of the feffions of oyer and terminer and general gaol delivery, to 1 Vent. 346. be brought to his trial, fhall not be indicted and tried the fecond term, feffions of oyer and terminer or general gaol delivery, after his commitment, or upon his trial fhall be acquitted, he fhall be difcharged from his imprifonment.

VIII. Provided always. That nothing in this a-ct fhall extend to difcharge out of prifon any perfon charged in debt, or other action, or with procefs in any civil caufe, but 22 DIGEST OF THE

but that after he fliall be difcharged of his imprifonment for fuch his criminal offence, he fhall be kept in cuftody according to law for fuch other fuit.

IX. Provided always, and be it enaEled by the authority afore/aid, That if any per-

fon or perfons, fubjects of this realm, fliall be committed to any prifon or in cuftody of any officer or officers whatfoever, for any criminal or fuppofed criminal matter, that the faid perfon fhall not be removed from the faid prifon and cuftody into the

cuftody of any other officer or officers, (2) unlefs it be by habeas corpus or fome other

legal writ j or where the prifoner is delivered to the conitable or other inferior officer

perfon is fent to carry iuch prifoner to fome common gaol ; (3) or where any by order of any judge of affize or juftice of the peace, to any common work-houfe or houfe

is of correction j (4) or where the prifoner removed from one prifon or place to another within the fame county, in order to his or her trial or difcharge in due courfe of

in fire infection, neceffity if law j (5) or cafe of fudden or or other j (6) and any perfon or perfons fhall after fuch commitment aforefaid make out and fign, or counterfign any warrant or warrants for fuch removal aforefaid, contrary to this act, as well he that makes or figns, or counterfigns fuch warrant or warrants as the officer or officers that obey or execute the fame, fhall fuffer and incur the pains and forfeitures in this act before mentioned, both for the firft and fecond offence reflectively, to be recovered in manner aforefaid by the party grieved.

. , authority , „ X. Provided alfo, and be it further enacled by the aforefaid. That it fhall 1 he penalty ior •> ' , . . denying a ha- and may be lawful to and for any prifoner and prifoners as aforefaid, to move and ob-

mr us ' t tain his or their habeas corpus as well out of the high court of chancery or court of

exchequer, as out of the courts of king's bench or common pleas, or either of them j (2) and if the faid lord chancellor or lord keeper, or any judge or judges, baron or barons for the time being, of the degree of the coif, of any of the courts aforefaid, in vacation time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that fuch copy or copies were denied as afore-

faid, fliall deny any writ of habeas corpus by this act required to be granted, being

moved for as aforefaid, they fliall feverally forfeit to the prifoner or party grieved the fum of five hundred pounds, to be recovered in manner aforefaid.

XI. And be it declared and enacled by the authority aforefaid, That an habeas corpus according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque ports, or other privileged places within this kingdom of England, dominion of Wales, or town of Berwick upon Tweed, and the illands of Jerfey or Guernfey, any law or ufage to the contrary notwithftanding. No fubjecls XII. And for preventing illegal imprifonments in prifons beyond the feas, (2) Be

it this foreign prifons. further /inacled by the authority aforefaid, That no fubject of realm that now is, or % Vint. 314- hereafter fhall be an inhabitant or refident of this kingdom of England, dominion of

Wales, or town of Berwick upon Tweed, fliall or may be fent ^prifoner into Scotland, Ireland, Jerfey, Guernfey, Tangier, or into parts, garrifons, iflands or places beyond the feas, which are or at any time hereafter fhall be within or without the dominions

his majefty, his is of heirs or fucceffors ; (3) and that every fuch imprifonment hereby is enacted and adjudged to be illegal j (4) and that if any of the faid fubjects now or hereafter LAWS OF GEORGIA. 23 hereafter fhall be fo imprifoned, every fuch perfon and perfons fo imprifoned, (hall and may for every fuch imprifonment maintain by virtue of this act an action or actions of falfe imprifonment, in any of his majefty's courts of record, againft the perfon or perfons by whom he or fhe fhall be fo committed, detained, imprifoned, fent prifoner or tranfported, contrary to the true meaning of this act ; and againft all or any perfon or perfons that fhall frame, contrive, write, feal or countersign any warrant or writing for fuch commitment, detainer, imprifonment or tranfportation, or fhall be advifing, affifting in the and the plaintiff in every fuch aiding or fame, or any of them ; (5) action fhall have judgment to recover his treble cofts, befides damages, which damages no fo to be given, fhall not be lefs than five hundred pounds j (6) in which action de- The penalty. lay, (lay or ftop of proceeding by rule, order or command, nor no injunction, protection or privilege whatfoever, nor any more than one imparlance (hall be allowed, excepting fuch rule of the court wherein the action fhall depend, made in open court, as fhall be thought in juftice neceffary, for fpecial caufe to be exprefTed in the faid rule ;

(7) and the perfon or perfons who fhall knowingly frame, contrive, write, feal or counterfign any warrant for fuch commitment, detainer or tranfportation, or fhall fo commit, detain, imprifon or tranfport any perfon or perfons contrary to this act, or be any ways advifing, aiding or affifting therein being lawfully convicted thereof, fhall be difabled from thenceforth to bear any office of truft or profit within the faid realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of the iflands, territories or dominions thereunto belonging ; (8) and fhall incur and fuflain, the pains, penalties and forfeitures limited, ordained and provided in and by the flatute of provifion and praemunire made in the fixteenth year of king Richard the fecond ; (9) and be incapable of any pardon from the king, his heirs or fucceffbrs, of the faid forfeitures, loffes or difabilities, or any of them.

XIII. Provided always, That nothing in this act fhall extend to give benefit to any Perfons receiving earned up- perfon who fhall by contract in writing agree with any merchant or owner of any on contracts to plantation, or other perfon whatfoever, to be tranfported to any parts beyond the feas, be tranfported, excepted. and receive earnefl upon fuch agreement, although that afterwards fuch perfon fhall renounce fuch contract.

XIV. Provided always and be it enacted, That if any perfon or perfons lawfully con- Performs convi •- ted of felony, & victed of any felony, fhall in open court pray to be tranfported beyond the feas, and praying trans- the court fhall think fit to leave him or them in prifon for that purpofe, fuch perfon portation, excepted. or perfons may be tranfported into any parts beyond the feas ; this act, or any thing therein contained to the contrary notwith (landing.

XV. Provided alfo, and be it enabled, That nothing herein contained fhall be deemed, conflrued or taken, to extend to the imprifonment of any perfon before the firft day of June, one thoufand fix hundred feventy and nine, or to any thing advifed, procured, or otherwife done, relating to fuch imprifonment, any thing herein contained to the contrary notwithflanding.

XVI. Provided alfo, That if any perfon or perfons at any time refident in this Offenders may he fent to be realm, fhall have committed any capital offence in Scotland or Ireland, or any of the tried where iflands, or foreign plantations of the king, his heirs or fucceffbrs, where he or fhe their offences were commit- ought ted. 24 DIGEST OF THE

ought to be tried for fuch offence, fuch perfon or perfons may be fent to fuch place, there to receive fuch trial, in fuch manner as the fame might have been ufed before the making of this aft, any thing herein contained to the contrary notwithftanding*

Profecutionsfor XVII. Provided a/fo, and be it enacledyThat no perfon or perfons fhall be fued, implead- offences within ed, molefted or troubled for any offence againft this act, unlefs the party offending be what time to be made. fued or impleaded for the fame within two years at the moft after fuch time wherein the offence fhall be committed, in cafe the party grieved fhall not be then in prifon; and if he fhall be in prifon, then within the fpace of two years after the deceafe of the

perfon imprifoned, or his or her delivery out of prifon, which fhall firft happen. XVIII. And to Afterthe aflizes the intent no perfon may avoid his trial at the affizes or general proclaimed, no gaol delivery, by procuring his removal before the affizes, at fuch time as he can- prifoner to be removed, but not be brought back to receive his trial there; (2) Be it enabled, That after the affizes before the judge proclaimed for that county where the prifoner is detained, no perfon fhall be re- of affize. moved from the common gaol upon any habeas corpus granted in purfuance of this act, but upon any fuch habeas corpus fhall be brought before the judge of affize in open court, who is thereupon to do what to juftice fhall appertain. XIX. Provided nevertheless, That after the affizes are ended, any perfon or perfons detained, may have his or her habeas corpus according to the direction and intention of this act.

XX. And be it if In fuits for of- alfo enabled by the authority aforefaid, That any information, fuit or fence againft action fhall be brought or exhibited againft any perfon or perfons for any offence com- this law, the defendants may- mitted, or to be committed againft the form of this law, it fhall be lawful for fuch plead the gene- defendants to plead the general iffue, that they are not guilty, or that they owe no- ral iffue, &c. thing, and to give fuch fpecial matter in evidence to the jury that fhall try the fame, which matter being pleaded had been good and fufficient matter in law to have difcharged the faid defendant or defendants againft the faid information, fuit or action, and the faid matter fhall be then as available to him or them, to all intents and purpofes, as if he or they had fufficiently pleaded, fet forth or alledged the fame matter in bar or difcharge of fuch information, fuit or action. i XXI. becaufe treafon felony, Perfons com- And many times perfons charged with petty or or mitted as accef- * as acceffaries thereunto, are committed upon fufpicion only, whereupon they are faries before to 1 bailable, petty trcafon or or not, according as the circumftances making out that fufpicion are more felony, fhall not ' or lefs weighty, which are beft known to the juftices of the peace that committed be removed or ' bailed ocherwife the perfons, and have the examinations before them, or to other juftices of the than before this ' peace in the county ;' (2) Be it therefore enabled, That where any perfon fhall appear ael: made. to be committed by any judge or juftice of the peace, and charged as acceffary before the fact, to any petty treafon or felony, or upon fufpicion thereof, or with fufpicion of petty treafon or felony, which petty treafon or felony fhall be plainly and fpecially expreffed in the warrant of commitment, that fuch perfon fhall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act.

THE LAWS OF GEORGIA. 25 THE CONSTITUTION OF THE

^tate of (jieorgta**

W E, the underwritten, delegates from the people, in convention met, do declare that the following articles fhall form the Conftitution for the government of this State; and, by virtue of the powers in us vefted for that purpofe, do hereby ratify and confirm the fame.

ARTICLE I.

Sect. 1. The legiflative power fhall be vefted in two feparate and difthut branches, Legjfiatiirehow C to wit, fenate and houfe of reprefentatives, to be ftiled " General AfTembly." A The fti] e d°

Sect. 2. The fenate fhall be elected on the firft Monday in October in every third Senate how e«

year, until fuch day of election be altered by law; and fhall be compofed of one " continuance,

member from each county, chofen by the electors thereof ; and fhall continue for the term of three years.

Senators perfon fhall be a of the fenate, . Aw Sect. 3. No member who fhall not have attained .

»!•"• • 1 • qualification. i 1 i n 11 1 1 -ii- to the age or twenty-eignt years; and who mall not have been nine years an inhabitant of the United States, and three years a citizen of this State, and fhall be an inhabitant of that county for which he fhall be elected, and have refided therein fix months immediately preceding his election; and fhall be pofTefTed, in his own right, of two hundred and fifty acres of land, or fome property to the the amount of two hundred and fifty pounds.

Sect. 4. The fenate fhall elect, by ballot, a prefident out of their body. Prefldent of fe- 1 r own ; natchoweledled

Sect. 5. The fenate fhall have folely the power to try all impeachments. Senate to try impeachments.

Sect. 6. The election of members for the houfe of reprefentatives fhall be annual, Repreientatives how a * on the firft Monday in Oaober, until fuch day of election be altered by law; and [•;•_' ' ; apportioned.f ^ . / fhall be compofed of members from each county, in the following proportions: Cam- den, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke, four; Richmond, four; Wilkes, five ; Wafhington, two; Greene, two; and Frank- lin, two.

Sect. 7. No perfon fhall be a member of the houfe of reprefentatives, who fhall Their qualifica Uon not have attained to the age of twenty-one years, and have been feven years a citizen ' of the United States, and two years an inhabitant of this State ; and fhall be an in- D habitant

* Altered and amended. Seepage 3T. :

26 DIGEST OF THE

habitant of that county for which he fhall be elected, and have refided therein three

months immediately preceding his election : and (hail be poffeiYed, in his own right, of two hundred acres of land, or other property to the amount of one hundred and fifty pounds.

Their fpeaker& ,, _,. . • • _ r r r n 11 1 r i r 1 other officers beet. 8. Ihe houie of repreientatives fhall chufe their Speaker and other officers. how chofen. impeachment. Sect. 9. They fhall have folely the power to impeach all perfons who have been, or may be in office.

Sect. io. What perfons No perfon holding a military com mi (lion, or office of profit, under this, difquaiified Tor or the United States, or either of them, (except juftices of the peace and officers of the militia) fhall be allowed to take his leat as a member of either branch of the ge-

neral affembly : Nor fhall any fenator, or representative, be elected to any office of profit, which fhall be created during his appointment.

Affembly when Sect. H. The meeting of the general affembly fhall be annual, on the firft Mon- ro meet. ^^ j n November, until fuch day of meeting be altered by law.

What number Sect. 12. One third of the members of each branch, fhall have power to proceed may proceed to to to Du fine fs ; Du t a fmaller number may adjourn from day day, and compel the attendance of their members, in fuch manner as each houfe may prefcribe.

returns, judges of its Sect. 13. Each houfe fhall be judges of the elections, and qualifications own elections. f j ts own members j with powers to expel, or punifh for diforderly behaviour.

Privileged from Sect, i a. No fenator or representative fhall be liable to be arrefted during his at- ten dance on the general affembly, or for a reafonable time in going thereto, or return- o/debatemain-

tiined. ing home, except it be for treafon, felony, or breach of the peace : Nor fhall any member be liable to anfwer for any thing fpoken in debate in either houfe, in any court, or place elfewhere.

Tobefworn. Sect. 1 5. The members of the fenate and houfe of representatives fhall take the following oath or affirmation

' I A. B. do folemnly fwcar, (or affirm as the cafe may be) that have not obtained Q h I

my election by bribery, or other unlawful means 5 and that I will give my vote on all queftions that may come before me, as a fenator, or reprefentative, in fuch manner,

as, in my judgment, will beft promote the good of this State j and that I will bear true faith and allegiance to the fame, and, to the utmoft of my power, obferve, Sup- port, and defend the constitution thereof.'

Powers of af- Sect. 1 6. The general affembly fhall have power to make all laws and ordinances fembly. which they fhall deem neceffary and proper for the good of the State, which fhall not be repugnant to this conftitution.

prefent Counties how Sect. 1 7. They fhall have power to alter the boundaries of the counties,

altered and laid i an£j to ay ff nev/ ones, as well out of the counties already laid off, as out of the other territory belonging to the State. When a new county or counties fhall be laid off

LAW LIBRARY UNIVERSITY DF GEORGIA LAWS OF GEORGIA. 27

off out of any of the prefent county or counties, fuch new county or counties fha-11 have their re-prefentation apportioned out of the number of the reprefentatives of the county or counties out of which it or they fhall be laid out •, and when any new

county fhall be laid off in the vacant territory belonging to the State, fuch county .. , fhall have a number of reprefentatives not exceeding three, to be regulated and deter- drawn out of the general affembly. no money fhall be drawn out of the treafury, or mined by —And p^bikTunds br from the public funds of this State, except by appropriations made by law. h\v.

Sect. 18. No clergyman of any denomination fhall be a member of the general Clergymen iri- eligible. affembly.rr ui

ARTICLE II. Governor, exe- Seel;. I. The executive power fhall be veiled in a governor, who fhall hold his cutive power, rv • r office during the term of two years ; and fhall be elected in the following manner : holds his office two years. Sect. 2. The houfe of reprefentatives fhall, on the fecond day of their making a How ele&ed, houfe, in the firft, and in every fecond year thereafter, vote by ballot for three perfons, and fhall make a lift, containing the names of the perfons voted for, and of the number of votes for each perfon ; which lift the fpeaker fhall fign in the prefence of the houfe, and deliver it in perfon to the fenate : And the fenate fhall, on the fame day, proceed by ballot to elect one of the three perfons having the higheft number of votes ; and the perfon having a majority of the votes of the fenators prefent, fhall be the governor.

Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica- been a citizen of the United States twelve years, and an inhabitant of this State fix years, and who hath not attained to the age of thirty years, and who does not poffefs five hundred acres of land in his own right, within this State, and other fpecies of property to the amount of one thoufand pounds fterling.

Sect. 4. In cafe of the death, refignation or difability of the governor, the prefident Prefident when °£ 3S gov of the fenate fhall exercife the executive powers of government, until fuch difability n be removed, or until the next meeting of the general affembly.

Sect. 5. The governor fhall, at ftated times, receive for his fervices a compenfa- Governor's com en tion, which fhall neither be increafed nor diminifhed during the period for which he P fhall be elected ; neither fhall he receive, within that period, any other emolument from the United States or any of them, or from any foreign power. Before he enters on the execution of his office, he fhall take the following oath or affirmation :

" I do folemnly fwear, (or affirm as the cafe maybe) that I will faithfully execute Hisoa;lv the office of governor of the State of Georgia, and will to the beft of my abilities, a preferve, protect and defend the faid State, and caufe juftice to be executed in mercy >^ therein, according to the conftitution and laws of the fame."

Sect. 6. He fhall be commander in chief in and over the State of Georgia, and of Powers of go- verncr. the militia thereof.

Jsct. ;

28 DIGESTOFTHE

Sect. 7. He fhall have power to grant reprieves for offences again ft the State, ex-

cept in cafes of impeachment \ and to grant pardons in all cafes after conviction, except for treafon or murder, in which cafes he may refpite the execution and make a report thereof to the next general affembly, by whom a pardon maybe granted.

Seel:. 8. He fhall iffue writs of election to fill up all vacancies that happen in the

fenate or houfe of reprefentatives ; and fhall have power to convene the general af-

fembly cm extraordinary occafions ; and fhall give them, from time to time, informa-

tion of the ftate of the republic j and recommend to their confiderations fuch meafures as he may deem neceffary and expedient.

Seel:. 9. In cafe of difagreement between the fenate and houfe of reprefentatives, with refpect to the time to which the general affembly fhall adjourn, he may adjourn them to fuch time as he may think proper.

His kgiflative Sect. 10. He fhall have the revinon of all bills paffed by both houfes before the powers. fame flia ]i become laws ; but two thirds of both houfes may pafs a law notwithftand-

ing his diffent ; and if any bill fhould not be returned by the governor within five days after it hath been prefented to him, the fame fhall be a law, unlefs the general affembly, by their adjournment, fhall prevent its return.

Great feul Sect. 11. The great feal of the State fhall be depofited in the office of the fecre- where depofited tary, and it fhall not be affixed to any inftrument of writing without it be by order altered. of the governor or the general affembly ; and the general affembly may direct the great feal to be altered.

ARTICLE III.

Superior court. Sect. i. A fuperior court fhall be held in each county twice in every year, in inferior courts which fhall be tried and brought to final decifion, all caufes civil and criminal except fuch as may be fubjedt to a federal court, and fuch as may by law be referred to inferior jurifdictions.

Errors and ap- Sect. 2. The general affembly fhall point out the mode of correcting errors and Peals - appeals, which fhall extend as far as to empower the judges to direct a new trial by jury within the county where the action originated, which fhall be final.

fhall heretofore, fubject to regulations Courts-mereh- Sect. 3. Courts-merchant be held as fuch ant. as the general affembly may by law direct.

Caufes civil and Sect. 4. All caufes fhall be tried in the county where the defendant refides ; ex- criminal where fhall be tried in the county where fuch eftate lies ce p t j n cafes f rea i eftate, which j and in criminal cafes, which fhall be tried in the county where the crime fhall be committed.

Judges and at- Sect. 5. The judges of the fuperior court, and attorney general, fhall have a tomey general oom petent falary eilablifhed by law, which fhall not be increafed nor diminifhed falary r ' ' in oflice , .._.,...;.-.•.. three years. during their continuance in office j and fhall hold their commiffions during the term of three years. ARTICLE LAWS OF GEORGIA. 29

ARTICLE IV.

Sett. 1. The electors of the members of both branches of the general aflembly Ekclors their qua ca MD " {hall be citizens and inhabitants of this ftate •, and {hall have attained to the age of {hall twenty- one years j and have paid tax for the year preceding the election, and

have refided fix months within the county.

All elections by Seel. 2. All elections {hall be by bailor, and the houfe of reprefentatives, in all .' _ - , ballot, ftate of- _._ „ r r , vn r 1 t ct three appointments of ftate officers, {hall vote for three perfons, and a Hit the ficers ia what manner appoih^ perfons, having the higheft number of votes, fliallbe figned by the fpeaker, and fent a majority of their votes, to the ienate ; which {hall, from fuch lift, determine, by

the officer elected, except militia officers, and the fecretaries of the governor ; who {hall be appointed by the governor alone, under fuch regulations and reftrictions as the general afTembly may prefcribe. The general aflembly may veft the appointment * * 1 intentInferiorj. uiuLC-rsofficers r* . n r* 1 of inferior officers in the governor, the courts of juftice, or m iuch other manner as how to be ap-

oilKed - they may by law eftablifh. P

Sect. Freedom of the prefs, and trial by jury, (hall remain inviolate. 3. SSLSd trial b v jury. All perfons fhall be entitled to the benefit of the writ of habeas corpus. Sect. 4. HubeJS «**».

Sect. 5. All perfons fhall have the free exercife of religion ; without being oblig- Religious toler- ed to contribute to the fupport of any religious profeffion but their own.

* Sect. 6. Eftates fhall not be entailed ; and when a perfon dies inteftate, leaving Eftates not to be entailed how a wife and children, .the wife fhall have a child's fhare, or her dower, at her option : divided. if there be no wife, the eftate fhall be equally divided among the children, and their legal reprefentatives of the firft degree. The diftribution of all other inteftate eftates may be regulated by law. »

Sect. 7. At the general election for members of aflembly, in the year one thou- This conftitu- tiM fand feven hundred and ninety four, the electors in each county fhall elect: three howt0 » e perfons to reprefent them in a convention, for the purpofe of taking into confideration the alterations neceflary to be made in this conftitution y who fhall meet at fuch time and place as the general aflembly may appoint ; and if two-thirds of the whole number fhall meet and concur, they {hall proceed to agree on fuch alterations and amendments as they may think proper ; Provided, That after two-thirds fhall have concurred to proceed to alterations and amendments, a majority fhall determine on the particulars of fuch alterations and amendments.

Sect. 8. This conftitution fhall take effect, and be in full force, on the firft When to oper-

Monday in October, next after the adoption of the fame ; and the executive fhall be authorifed to alter the time for the fitting of the fuperior courts, fo that the fame ^ '? See acft of 1789, No. 42.9. 3e DIGEST OF THE

fame may not interfere with the annual elections in the refpective counties, or the meeting of the firft general aflembly.

DONE at Augufta, in Convention, the fixth clay of May, in the year of our Lord one thoufand feven hundred and eighty-nine, and in the year of fovereignty and independence of the United States the thirteenth. WILLIAM GIBBONS, President. Attest, D. LonGSTREET, Secretary.

The following are the alterations and amendments to the conjtitution of the State of Georgia, as adopted by the late Convention.

"WE the representatives of the people of the State of Georgia, in convention met, do ordain and eftablifh the following articles as additions and amendments to the

prefent conftitution, to take effect and be in full force on the firft Monday in Octo- ber next.

Article i. fenate fhall elected annually the firft in The fenate The be on Monday November when eietfed. until fuch day of election be altered by law; and fhall be compofed of one member from each county, to be chofen by the electors thereof.

Aflembly to e- Article 2. All elections to be made by the general aflembly, fhall be by joint 7 ^° tnt ballot of the fenate and houfe of reprefentatives. ball*

Reprefentatives Article 3. The election of members for the houfe of repefentatives fhall be an- vhen ekefted. nuz \ on the firft Monday in November; and fhall be compofed of members from each

county in the following proportions :

Apportioned. Camden, two; Glynn, two; Liberty, four; M'Intofh, two; Bryan, two;

Chatham, four ; Effingham, two ; Scriven, two; Montgomery, two; Burke, three; Richmond, two; Columbia, two; Wilkes, three; Elbert, two; Franklin, two; Oglethorpe, three; Greene, three; Hancock, three; Wafhington, three; War- ren, three.

. the general election for members of aflembly in the Convention Article 4. At year 1797, when to be con- the electors of the prefent counties fhall elect three perfons to reprefent them in a convention for the purpofe of taking into confideration the further alterations and amendments neceffary to be made in the conftitution, who fhall meet at the town of Louisville the fecond Tuefday in May thereafter: a majority of the faid convention fhall have power to proceed to, and agree on, fuch altei-ations and amendments as they' may think proper.

of the general aflembly fhall be annual on the fecond General affem- Article 5. The meeting bly when to Tuefday in Tanuary; a majority of whom fhall have power to proceed to bufinefs. mcet * - Article LAWS OF GEORGIA. %\

Article 6. That Louisville be the permanent feat of government , and that the Louisville feat

cf vtrnment ' governor, fecretary of the ftate, the treafurer, the auditor, and the furveyor-gene- g° ral, remove their offices thereto, as foon as may be convenient, previoufly to the next meeting of the general aflembly.

Article 7. Article of conftituted rights annexed to the conftitution as amended.

Article 8. Alll powers not delegated by the conftitution as amended, are retained by the people.

DONE at Louisville, in convention, the (ixteenth day of May, in the year of our Lord one thoufand feven hundred and ninety five, and in the year of the fovereignty and independence of the United States the nine- teenth. N. W. JONES, President. Attest, Thomas Johnson, Secretary.

THE CONSTITUTION i 79 8. OF THE

g>tate of ©eo?gta*

ARTICLE I.

r Sett. 1. "pHE legiflative, executive and judiciary departments of government, {hall -jhc depart- be difUncl, and each department (hall be confided to a feparate body ments of g° v"

; of magiflracy and no perfon or collection of perfons being one of thefe depart- t j n(a. ments, {hall exercife any power properly attached to either of the others, except in the inftances herein exprefsly permitted.

Sect. 2. The legiflative power {hall be veiled in two feparate and diftinct branches, Senate and

Jioufirof _ repft- to wit : A fenate and houfe of reprefentatives, to be itiled " The General Aflembly."

Sedt. 3. The fenate {hall be elected annually on the firft Monday in November, senate ekdkd nnualiy. until fuch day of election be altered by law ; and {hall be compofed of one member * from each county, to be chofen by the electors thereof.

Sect. 4. No pe-rfon {hall be a fenator who {ball not have attained to the age of qualification of

lenatols - twenty five years ; and have been nine years a citizen of the United States, and three years an inhabitant of this State, and {hall have ufually refided within the county for which he {hall be returned, at leaft one year immediately preceding his election, (except —

3? DIGEST OF THE

cept perfons who may have been abfent on public bufmefs of this State, or of the

United States ;) and is and fhall have been poffeffed in his own right of a fettled freehold eftate of the value of five hundred dollars, or of taxable property to the amount of one thoufand dollars, within the county, for one year preceding his

election ; and whofe eftate fhall, on a reafonable eftimation, be fully competent to the difcharge cf his juft debts, over and above that fum.

Their preficlcnt. Sect. 5. The fenate fhall elect:, by ballot, a prefident out of their own body.

The feiute have Sect. 6. Tlie fenate (hall have the fole power to try all impeachments :—When

° ^ tt^ n ^or t ^at purpofe, they fliall be on oath or affirmation and no perfon (hall tot mpeach- g ;

ments. be convicted without the concurrence of two-thirds of the members prefent : Judgment, in cafes of impeachment, fhall not extend further than removal from office, and disqualification to hold and enjoy any office of honour, trufl or profit, within this State; but the party convicted fhall, neverthelefs, be fubjedt to indict-

ment, trial, judgment and punifhment, according to law.

Houfe of rtfre- Sect. 7. The houfe of reprefentatives fhall be compofed of members from all the fentatives. counties which now are, or hereafter may be, included within this State, according

to their refpective numbers of free white perfons, and including three-fifths of all

The members the people of colour : —The actual enumeration fhall be made within two years, to be appointed an j within everv fublequent term of feven years thereafter, at: fuch time, and in by enumeration ; J - - -r>i fuch manner, as this convention may direct : Each county containing three thoufand perfons, agreeably to the foregoing plan of enumeration, fhall be entitled to two

members, feven thoufand to three members^ and twelve thoufand to four members ;

but each county fhall have at leaft one, and not more than four members : The

Time ofelection reprefentatives fhall be chofen annually, on the firft Monday in November, until

fuch day of election be altered by law : Until the aforefaid enumeration fhall be made, the feveral counties fhall be entitled to the following number of reprefentatives refpec-

Temporary ap.- tively : Camden two; Glynn two; Liberty three; M'lntofh two; Bryan one; pomonment. Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ;

Bullock one; Jefferfon three ; Lincoln two; Elbert three ; Jackfon two; Richmond

three; Wilkes four ; Calumbia three ; Warren three ; Wafhington three ; Hancock

four ; Green three ; Oglethorpe three ; and Franklin two.

Qualification of Sect. 8. No perfon fhall be a reprefentative who fhall not have attained to the age rej refentatives. Q £ twent y one yearSj anci have been fev en years a citizen of the United States, three years an inhabitant of this State, and have ufually refided in the county in which he fhall be chefen, one year immediately preceding his election (unlefs he fhall have been abfent on public bufinefs of this State or of the United States;) and fhall be poiTefTed, in his own right, of a fettled freehold eftate of the value of two hundred, and fifty dollars, or of taxable property to the amount of five hundred dollars, within the county, for one year preceding his election; and whofe eftate fhall, on a reafonable eftimation, be competent to the difcharge of his juft debts, ever and above that fum. Sed. LAWS OF GEORGIA, 33

Sect. 9. The houfe of reprefentatives fhall chufe their fpeaker and other officers. Speaker, &c.

Sect. 10. They fhall have folely the power to impeach all peribns who have been or impeachment, may be in office.

Sect. 11. No perfon holding any military commiffion or other appointment having Certain difqua- any emolument or compenfation annexed thereto, under this State or the United fea tin°helearf- States, or either of them (except juftices of the inferior court, juftices of the peace, latictions. Exceptions-, and officers of the militia) nor any perfon who has had charge of public monies belonging to the State, unaccounted for and unpaid, or who has not paid all legal taxes or contributions to the government, required of him, fhall have a feat in either branch of the general afTembly; nor fhall any fenator or reprefentative be elected to any office Members not to ee e t0 ° or appointment by the legiflature, having any emoluments or compenfation annexed fi^e thereto, during the time for which he fhall have beea elected, with the above exceptions, unlefs he fhall decline accepting his feat, by notice to the executive, within twenty days after he fhall have been elected ; nor fhall any member, after having taken his feat, be eligible to any of the aforefaid offices or appointments during the time for which he fhall have been elected.

General affem- Sect. 1 2. The meeting of the general afTembly fhall be annual on the fecond Tuef- day in January, until fuch day of meeting be altered by law; a majority of each branch nualiy. fhall be authorifed to proceed to bufinefs; but a fmaller number may adjourn from day to day and compel the attendance of their members in fuch manner as each houfe may prefcribe.

Sect, 13. Each houfe fhall be the judges of the elections, returns, and qualifica- Each houfe to c 00* tions of its own members, with powers to expel or punifh by cenfuring, fining and &° t"0Ifs c Jf imprifoning, or either for diforderly behaviour, and may expel any perfon convicted members, of any felonious or infamous offence ; each houfe may punifh by imprifonment during feffion ; any perfon not a member, who fhall be guilty of difrefpect by any diforderly or contemptuous behaviour in its prefence, or who, during feffion, fhall threaten harm to the body or eftate of any member, for any thing faid or done in either houfe, or who fhall affault any of them therefor, or who fhall affault or arreft any witnefs in going to or returning therefrom, or who fhall refcue any perfon arrefted by order of either houfe.

Sect. 14. No fenator or reprefentative fhall be liable to be arrefted during his at- Members free tendance on the ** general afTembly, or for ten days previous to its fitting, or for ten civT/fe^ days after the rifing thereof, except for treafon, felony, or breach of the peace; nor fhall any member be liable to anfwer for any thing fpoken in debate in either houfe, Freedom of debate# in any court or place elfewhere ; but fhall never thelefs be bound to anfwer for perjury, bribery or corruption.

Sect. 15. Each houfe fhall keep a journal of its proceedings, and publifh them journal.—yeas immediately after their adjournment; and 'the yeas and nays of the members on any and nays. queition, fhall, at the defire of any two members, be entered on the journals. E Seft, 34 DIGEST OF THE

Revenue bills. Sect. 1 6. All bills for railing revenue or appropriating monies fhall originate in the houfe of representatives j but the fenate fhall propofe or concur with amendments as in other bills.

Seel. 17. Every bill fhall be read three times Bills, in what and on three feparate days, in each manner to be branch of the general afTembly, before it fhall pafs, unlefs in cafes of actual invafiori palled. or infurrection j nor fhall any law or ordinance pafs, containing any matter different

from what is exprefTed in the title thereof •, and all acts (hall be figned by the prefi-

dent in the fenate, and fpeaker in the houfe of reprefentatives : No bill or ordinance which fhall have been rejected by either houfe, fhall be brought in again during the feffion, under the fame or any other title, without the confent of two thirds of each branch.

The members Sect. 1 8. Each fenator and reprefentative, before he be permitted to take his feat, to be iworn. fhall take an oath or make affirmation, that he hath not practifed any unlawful means,

either directly or indirectly, to procure his election ; and every perfon fhall be dis- qualified from ferving as a fenator or reprefentative for the term for which he fhall

have been elected, who fhall be convicted of having given or offered any bribe or treafe, C.ndidateshow ©r canvaffed for fuch election ; and every candidate employing like means and not to be punimed , rt . n .. for mal-prao elctled, fhall on conviction, be ineligible to hold a feat in either houfe, or to hold any ticcs office of honor or profit for the term of one year, and to fuch other difabilities or penalties as may be prefcribed by law.

Sect. 19. Every member of the fenate or houfe of reprefentatives, fhall before he The oath of " members. takes his feat, take the following oath or affirmation, to wit : l t A.B. do folemnly " fwear or affirm, (as the cafe may be) that I have not obtained my election by " bribery, treats, canvaffing, or other undue or unlawful means, ufed by myfelf or " others, by my defire or approbation for that purpofe; that I confider myfelf con-

" ftitutionally qualified as a fenator or reprefentative j and that on all queftions and " meafures which may come before me, I will give my vote,, and fo conduct myfelf, " as may, in my judgment, appear moffc conducive to the interefl and profperity of this

" State ; and that I will bear true faith and allegiance to the fame ; and to the utmoft " of my power and ability obferve, conform to, fupport and defend the conflitution " thereof."

Sect. 20. No perfon,. who hath been or may be convicted of felony, before, any

vided of ftiony court of this State, or any of the United States, fhall be eligible to any office or ap- ineiigibletoany 0m t ment of honor, profit or truft, within this State, appointmentappointment. *p r

Sect. 21. Neither houfe, during the feffion of the general affsmbly, fhall„ without Adjournment the confent of the other, adjourn for more than three days, nor to any other place,,

than that at which the two branches fhall be fitting ; and in cafe of difagreement between the fenate and houfe of reprefentatives, with refpect to their adjournment,, the governor may adjourn them.

Sect, LAWS OF GEORGIA. 3$

Se£t. 22. The general affembly fhall have power to make all laws and ordinances Powers of the

ge i which they fhall deem neeeffary and proper for the good of the State, which fhall nera aft'em- not be repugnant to this conftitution.

Sect. 23. They fhall have power to alter the boundaries of the prefent counties, Further powers * s l the boun " and to lav off new ones, as well out of the counties already laid off, as out of the other ? r danes or coun- . in 11 rir-i-r territory belonging to the State ; but the property of the foil, in a free government, ties.

being one of the effential rights of a free people, it is neeeffary, in order to avoid dif-

putes, that the limits of this State fhould be afcertained with precifion and exactnefs ; and this convention, compofed of the immediate reprefentatives of the people, chofen by them to affert their rights, and to i-evife the powers given by them to the government, and from whofe will all ruling authority of right flows, DOTH affert and de-

clare the boundaries of this State to be as follow : That is to fay, the limits, boundaries, Declaration of hoimAu'y apd iurifdictions and authority of the State of Georgia, do and did, and of right ought to J ; b \ territorial right .'-,._ , 111 extend from the fea or mouth of the river Savannah, along the northern branch or of the State, ftream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and frpm thence along the moft northern branch or ftream of the faid river Tugalo,

'til it interfect the northern boundary line of South Carolina. If the faid branch or

ftream of Tugalo extends fo far north, referving all the iflands in the faid rivers Sa-

vannah and Tugalo to Georgia : but if the head fpring or fource of any branch or ftream of the faid river Tugalo, does not extend to the north boundary line of South Carolina, then a weft line to the Miffiffippi, to be drawn from the head fpring or fource of the faid branch or ftream of Tugalo river, which extends to the higheffc

northern latitude ; thence down the middle of the faid river Miffiffippi, until it fliall in-

terfecl: the northernmoft part of the thirty-firft degree of north latitude ; fouth by a line drawn due eaft, from the termination of the line laft mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola

; or Chatahoochee thence along the middle thereof, to its junction wich Flint river ;

thence ftraight to the head of St. Mary's river ; and thence along the middle of St.

Mary's river to the Atlantic ocean ; and from thence to the mouth or inlet of Savan- nah river, the place of beginning. Including and comprehending all the lands and waters within the faid limits, boundaries and jurifdicfional right9 ; and alfo, all the iflands within twenty leagues of the fea coaft. And this convention doth further declare and affert, that all the territory without the prefent temporary line and within the limits aforefaid, is now, of right, the property of the free citizens of this

State, and held by them in fovereignty, inalienable but by their confent : Provided Provifo. neverthelefsy That nothing herein contained fhall be conftrued, fo as to prevent a fale Jhe legislature to, the the or contract with United States, by legiflature of this State, of and for fei] certain ter. all or any part of the weftern territory of this State, laying weft ward of the river ntory to thelJ- .,- 4-1 nited States, *m r 1 11 1 j Chatahoochee, on iuch terms as may be beneficialr-iii.to both parties; and may procure an extenfion of fettlement, and an extinguifhment of Indian claims, in and to the vacant territory of this State, to the eaft and north of the faid river Chatahoochee, to which territory, fuch power of contract or fale, by the legiilature, fhall not extend : And 3* DIGEST OF THE

Provifo. And provided alfo, The legiflature may give its confent to the eftablifhment of one or more governments weflward thereof; but monopolies of land by individuals, being contrary to the fpirit of our free government, no fale of territory of this State, or any part thereof, fhail take place to individuals or private companies, unlefs a county or counties fhall have been firft laid off, including fuch territory, and the Indian rights fhall have been extinguifhed thereto.

Certain con- Sect. 24. The foregoing fection of this article having declared the common rights templated pur- of the free citizens of this State, in and to all the territory chafes dated to without the prefent have become temporary boundary line, and within the limits of this State, thereby defined, by conftitutionally void by the fore- which the contemplated purchafes of certain companies of a confiderable portion going feciion. thereof, are become conftitutionally void ; and juftice and good faith require, that The contrail: the State fhould not detain a confideration for a contract which has failed, the having failed, the legiflature legiflature, at their next feffion, fhall make provifion by law, for returning to any to mate provi- perfon or perfons, who has or have bona fide depofited monies for fuch purchafes in fion for returning the confi- the treafury of this State : Provided, That the fame fhall not have been drawn dcration money therefrom in terms of the act paffed the thirteenth day of February, one thaufand feven hundred and ninety-fix, commonly called the refcinding act, or the appropriation laws of the years one thoufand feven hundred and ninety-fix and one thou-

The money paid fand feven hundred and ninety-feven : Nor fhall the monies, paid for fuch purchafes, for fuch pur- ever be deemed a part of the funds of this State, or be liable to appropriation as chafes never to be deemed a fuch ; but until fuch monies be drawn from the treafury, they fhall be confrdered part of the altogether at the rifque of the perfons who have depofited the fame. No money funds of the State. fhall be drawn out of the treafury, or from the public funds of this State, except

Money in what by appropriation made by law ; and a regular flatement and account of the receipts manner to be expenditures of all public monies, fhall be publifhed from time to time. drawn from the and No treafury. vote, refolution, law, or order, mall pafs the general affembly, granting a donation Donations or or gratuity in favour of any perfon whatever, but by the concurrence of two-thirds gratuities how to be granted. of the general affembly.

Sect. 25. It fha-ilbe the duty of the juftices of the inferior court, or any three of The cenfus in what manner to them, in each county refpectively, within fixty days after the adjournment of this be taken. convention, to appoint one one or more fit perfons in each county, not exceeding

one ..v.. each battalion diftrict, whofe duty it {hall be to take a full and accurate cenfus or enumeration of all free white perfons, and people of colour, refiding therein, diftinguifhing, in feparate columns, the free white perfons from perfons of colour, and return the fame to the clerks of the fuperior courts of the feveral coun-

ties, certified under their hands, on or before the firft day of December next ; the

pjerfons fo appointed, being firft feverally fworn before the faid juftices, or either

of them, duly and faithfully to perform the truft repofed in them j and it fhall be the duty of the faid clerks, to tranfmit all fuch returns, under feal, directed to the fpeaker of the houfe of reprefentatives, at the firft feffion of the legiflature there-

firft after : And k fhall be the duty of the general affembly, at their faid feffion, to apportion the members of the houfe of reprefentatives among the feveral counties, agreeably to the plan prescribed by this conftitution, and to provide an adequate compenfatioa LAWS OF GEORGIA. 37

compenfation for the taking of the faid .cenfus. Every perfon, whofe ufua! place of abode fhal] be in any family on the firft Monday in July next, fhall be returned as of fuch family, and every perfon, occalionally abfent at the time of taking the enumeration, as belonging to that place in which he ufually refides. The general affembly fhall, by law, direct the manner of taking fuch cenfus or enumeration, within every fubfequent term of feven years, in conformity to this conftitution. And it is declared to be the duty of all officers, civil and military, throughout this State, to be aiding and affifting in the true and faithful execution thereof. In cafe the juftices of the inferior courts mould fail to make fuch appointments, or if there fhould not be a fufficient number of fuch juftices in any county, then the juftices of the peace, or any three of them, fhall have and exercife like powers and authority refpetting the faid cenfus ; and if the cenfus or enumeration of any county fhall not be fo taken and returned, then, and in that cafe, the general affembly fhall apportion the reprefentation of fuch county, according to the beft evidence in their power, relative to its population.

ARTICLE II.

Sett. 1. The executive power fhall be veiled in a governor, who fhall hold his Governor, office during the term of two years, and until fuch time as a fucceffor fhall be chofen and qualified ; he fhall have a competent falary eflablifhed by law, which fhall not be increased or diminifhed during the period for which he fhall have been elected ; neither fhall he receive, within that period, any other emolument from the United States, or ekher of them, or from any foreign power.-

Seel:. 2. The governor fhall be elected by the general affembly, at their fecond Elected for two

years ' annual feffion after the rifing of this convention, and at every fecond annual feflion thereafter, on the fecond day after the two houfes fhall be organifed and competent to proceed to bufinefs.

Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica- been a citi2en of the United States twelve years, and an inhabitant of this State tlons * fix years, and who hath not attained to the age of thirty years, and who does not po fiefs five hundred acres of land, in his own right, within this State, and ether property to the amount of four thoufand dollars, and" whofe eftate fhall not, on a reafonable eftimation, be competent to the difcharge of his debts, over and above that fum.

Sect. 4. In cafe of the death or refignation, or difability of the governor-, the Vacancy new

fu )ied - prefident of the fenate fhall exercife the executive powers of government until fuch PP difability be removed, or until the next meeting of the general afTembly.

Sect. 5. The governor fhall, before he enters on the duties of his office, take Oathofihego-

vcraor « the following oath or affirmation : " I do folemnly fwear or affirm (as the cafe may " be) that I will faithfully execute the office of governor of the State of

" Georgia j and will, to the belt of my abilities, preferve, protect, and defend the et faid 3B DIGEST OF THE

" faid State, and caufe jullice to be executed in mercy therein, according to the

" conflitution and laws thereof." *

Commander in Seel. 6. He fhall be commander in chief of the army and navy of this State, of the mi- chief and of the militia thereof. litia, &c.

His powers in Sect. 7. He fhall have power to grant reprieves for offences againft the State, cafes of convic- except in cafes of impeachment, and to grant pardons, or to tions. remit any part of a fentence, in all cafes after conviction, except for treafon or murder, in which cafes he may refpite the execution, and make report thereof to the next general affembly, by whom a pardon may be granted.

Furtherpowers. Sect. 8. He fhall iffue writs of election to fill up all vacancies that happen in the

fenate or houfe of reprefentatives ; and fhall have power to convene the general af-

fembly on extraordinary occafions ; and fhall give them, from time to time, information of the ftate of the republic, and recommend to their confideration fuch meafures as he may deem necefTary and expedient.

He is to fill va- Sect. 9. When any office fhall become vacant by death, refignation or otherwife, cancies office. m t]ie governor fhall have the power to fill fuch vacancy, and perfons fo appointed, fhall continue in office until a fucceffor is appointed, agreeably to the mode pointed out by this conflitution, or by the legiflature.

He has the re- Sect. 10. He fhall have the revifion of all bills paffed by both houfes, before the of all vifion fame fhall become laws, but two thirds of both houfes may pafs a law notwithfland- bills, but laws may be paffed ing his diffent ; and if any bill fhould not be returned by the governor within five days notwithstand- after it hath been prefented to him, the fame fhall be a law, unlefs the general affem- ing his diffent. bly, by their adjournment, fhall prevent its return*.

All concurred Seel:. 11. Every vote, refolution or order, to which the concurrence of both refolutions, &c. houfes may be necefTary, except on a queftion of adjournment, fhall be prefented to to be paffed in like manner as the governor ; and before it fhall take effect, be approved by him, or being difapprov- bills. ed, may be repaffed by two thirds of both houfes, according to the rules and limita- tions prefcribed in cafe of a bill.

Secretary of the Sect. 1 2. There fhall be a fecretary of the State, a treafurer, and a furveyor gene- State, a treafa- ral, appointed in the fame manner, and at the fame feflion of the legiflature, and rer and furvey- or general. they fhall hold their offices for the like period as the governor, and fhall have a competent falary, including fuch emoluments as may be eftablifhed by law, which fhall not be increafed or diminifhed during the period for which they fhall have been elected.

Great fcal of Seel. 13. The great feal of the State fhall be depofited in the office of the fecretary the State. of State, and fhall not be affixed to any inftrument of writing, .but by order of the

governor or general affembly ; and the general affembly fhall, at their firft feffion after the rifing of this convention, caufe the great feal to be altered by law.

Governor's fe- Seel. 14. The governor fhall have power to appoint his own fecretaries. cretarics. LAWS OF GEORGIA. 19

ARTICLE III.

Sect. I. The judicial powers of this State fhall be veiled in a fuperior court, and Judicial power. in fuch inferior jurifdicfions as the legiflature {hall, from time to time, ordain and eftablifh. The judges of the fuperior courts (hall be elected for the term of three years, Superior court removeable by the governor on the addrefsoftwo thirds of both houfes for that pur- judges elected for three years pofe, or by impeachment and conviction thereon. The fuperior court {hall have ex-- —how removeable. clufive and final jurifdict ion in all criminal cafes, which fhall be tried in the county Their powers wherein the crime was committed, and in all cafes refpecting titles to land, which and jurifdi&i- on. (hall be tried in the county where the land lies ; and fhall have power to correct errors in inferior judicatories by writs of certiorari, as well ; as errors in the fuperior

Gourts, and to order new trials on proper and legal grounds : Provided, That fuch new trials fhall be determined, and fuch errors corrected, in the fuperior court of the county in which fuch action originated. And the faid court fhall alfo have appel- late jurifdict ion in fuch other cafes, as the legiflature may by law direct, which fhall in no cafe tend to remove the caufe from the county in which the action originated ; and the judges thereof, in all cafes of application for new trials, or correction of er- Jurifdich'on of rors, fhall enter their opinions on the minutes of the court. The inferior courts fhall the inferior courts. have cognizance of all other civil cafes, which fhall be tried in the county wherein the defendant refides, except in cafes of joint obligors, refidingin different counties, which may be commenced in either county ; and a copy of the petition and procefs, ferved on the party or parties rending out of the county in which the fuit may be commenced, fhall be deemed fufficient fervice, under fuch rules and regulations as the legifla- Concurrent jurifdiction may ture may direct . But the legiflature may, by law, to which two-thirds of each be given to the branch {hall concur, give concurrent jurifdiction to the fuperior courts. The fuperi- fuperior court. The courts to or and inferior courts fhall fit in each county twice in every year, at fueh ftated times, fit twice a year as the legiflature fhall appoint. in each county.

Sect. 2. The judges {hall have falaries, adequate to their fervices, eftablifhed by The judges to law, which fhall not be increafed or diminifhed during their continuance in office; be allowed adequate falaries. but {hall not receive any other perquifites or emoluments whatever, from parties or others, on account of any duty required of them.

Sect. 3. There fhall be a State's attorney and folicitors appointed by the legifla- Staters attorney and foliciters. ture, and commiflioned by the governor, who fhall hold their offices for the term of three years, unlefs removed by fentence on impeachment, or by the governor, on the addrefs of two-thirds of each branch of the general aflembly. They fhafl have falaries adequate to their fervices, eftablifhed by law, which (hall not be increased or diminifhed during their continuance in office.

Sect. 4. Juftices of the inferior court3 fhall be appointed by the general aflembly, Juftices of thsf" fhall hold their commifFions during and be commiflioned by the governor, and good how'appoiiitedj behaviour, or as long as they refpedtively refide in the county for which they fhall be appointed, unlefs removed by fentence on impeachment, or by the governor, on the addrefs of two-thirds of each branch of the general aflembly. They may DC J 1 40 DIGEST OF THE

May have a be compenfated for their fervices, in fuch manner as the legiflature may by law compen&tion. direft.

Juftices of the Sect. 5. The juftices of the peace fhall be nominated by the inferior courts of the ^"everal counties, and commiffioned the Snated by the by governor, and there (hall be two juftices of inferior courts, the peace in each captain's diftrict, either or both of whom fhall have "power to try all cafes of a civil nature, within their diftrict, where the debt or liquidated demand does

Their jurifcliai- not exceed thirty dollars, in fuch manner as the legiflature may by law direct. They ons " fhall hold their appointments during good behavior, or until they fhall be removed by conviction on indictment in the fuperior court, for mal practice in office, or for any felonious or imfamous crime, or by the governor, on the addrefs of two-thirds of each branch of the legiflature.

Court of ordi- Seel. 6. The powers of a court of ordinary or regifter of probates, fhall be ary ' vefted in the inferior courts of each county, from whofe decifion there may be an Appeal to the appeal to the fuperior court, under fuch reftrictions and regulations as the general

afiembly may by law direct ; but, the inferior court fhall have power to veft the care of the records and other proceedings therein in the clerk, or fuch other perfon as they may appoint, and any one or more juftices of the faid court, with fuch clerk or other perfon, may iffue citations, and grant temporary letters in time of vacation,

Marriage li- to hold until the next meeting of the faid court ; and fuch clerk or other perfon centos. may g rant marriage licenfes. writs of man- Sect. 7. The judges of the fuperior courts, or any one of them, fhall have damus, prohibi- power to ifTue writs of mandamus, prohibition, fcire facias, and all other writs which may be necefTary for carrying their powers fully into effect.

The laws civil Sect. 8. Within five years after the adoption of this conflitution, the body of be revifed and our laws, civil and criminal, fhall be revifed, digefted and arranged, under proper d'.gefted. ; heads,' and promulgated in fuch manner as the legiflature may direct and no perfon Caules may be '' 1 , 7- • ?• r managed with fhall be debarred from advocating or defending his caufe, before any court or tn- hOUt bul>al} either b himfelf or counfel, or both. coun7!l y

Divorces. Sect. 9. Divorces fhall not be granted by the legiflature, until the parties fhall have had a fair trial before the fuperior court, and a verdict fhall have been obtained, authorifmg a divorce upon legal principles. And in fuch cafes, two-thirds of each branch of the legiflature may pafs acts of divorce accordingly.

Clerks of the fu- Sect. io. The clerks of the fuperior and inferior courts fhall be appointed in penor and mfe- fa^ manner as the legiflature may by law direct, fhall be commiffioned by the nor courts. . . , . . . governor, and fhall continue in office during good behaviour.

Sheriffs. Sect. 1 1. Sheriffs fhall be appointed in fuch manner as the general affembly may by law direct, and fhall hold their appointments for the term of two years, unlefs fooner removed by fentence on impeachment, or by the governor, on the addrefs of

two-thirds of the juftices of the inferior court and of the peace in the county ; but Wtkm* no LAWS OF GEORGIA. ,{t

no perfon (hall be twice elected flieriff within any term of four years ; and no county

officer after the next election fiiali be chofen at the time of electing a fenator or reprefentative.

ARTICLE IV.

Sect, i. The electors of members of the general afiembly fhall be citizens and QUa i;fiC ati n of inhabitants of this State, and (hall have attained the age of twenty-one years, and electors.

have paid all taxes which may have been required of them, and which they have had an opportunity of paying, agreeably to law, for the year preceding the election, and

fhall have refided fix months within the county ; Provided, That in cafe of invaiion, and the fnh abitants (hall be driven from any county, fo as to prevent an election inhabitants, being a majority of the voters of therein, fuch refugee fuch county 3 may- meet under the direction of any three juftices of the peace thereof, in the neareft

county not in a flate of alarm, and proceed to an election, without having paid fuch .

tax fo required of electors, and the perfons elected thereat fliall be entitled to their

feats.

Sect. 2. All elections by the general afiembly (hall be by joint ballet of both Eieciionsbvthc eneral aiiem- branches of the legiflature ; and when the fenate and houfe of reprefentatives unite g

for the purpofe of electing, they fliall meet in the reprefentative chamber, and the joint ballot. president of the fenate fliall in fuch cafes prefide, receive the ballots, and declare the

all the people, the perfon or perfons elected. In elections by electors (hall vote viva b>- the peep.:.- t0 be viva voce vocej until the legiflature fliall otherwife direct.

Sect. 3. The general officers of the militia fliall be elected by the general afiembly, jviVtia offi and (hall be commiflioned by the governor. All other officers of the militia fliall be in what manner cet elected in fuch manner as the legiflature may direct, and fliall be commiflioned by the governor; and all militia officers now in commiffion, and thofe which maybe hereafter commiflioned, fliall hold their commiflions during their ufual refidence within the divifion, brigade, regiment, battalion, or company to which they belong, unlefs removed by fentence of a court martial, or by the governor, on the addrefs of two-thirds of each branch of the general afiembly.

Sect. 4. All perfons appointed by the legiflature, to\fill vacancies, fliall continue Perfons ag-

m ed h f e in office only fo long as to complete the time for which their predecefibrs P Pi y ; r r were ^ ° legiflature to fill appointed. vacancies.

Sect. 5. Freedom of the prefs, and trial by jury, as heretofore ufed in this State, Freedom of the &c fliall remain inviolate; and no ex pojl fatlo law fliall be paffed. Pf^' 'n fs

Sect. 6. No perfon, who heretofore hath been, or hereafter may be, a collector, ; ,.„' Certain diKiu?.-* or holder of public monies, fliall be eligible to any office in this State, until fuch lifications to o'f-

fice " perfon fliall have accounted for, and paid into the treafury, all fums for which he may be accountable or liable.

F Sea. '

42 DIGEST OF THE

» Debtors. Sect. 7. The perfon of a debtor, where there is not a ftrorrg prefumption of

fraud, fhall not be detained in prifon, after delivering up, bo?m fide, all. his eft ate real and perfonal, for the ufe of his creditors, in fuch manner as ihall be hereafter regulated by law.

Former convk- Sect. 8. Convictions on impeachments, which have heretofore taken place, are

111 " perfons laying under fuch convictions, reftored to citizenfhip. peachment' nereby releafed, and

Habeas corpus. Sect. 9. The writ of habeas corpus (hall not be fufpended, unlefs when in cafe

of rebellion, or invafion,' the public fafety may require it.

Freedom of re- Sect, io. No perfon within this St:.te (ball, upon any pretence, be deprived of igioubuo ip. tke i ne pc i ma bi e privilege of wcrfhipping God in a manner agreeable to his own con. fcience, nor be compelled to attend any place of worfhip contrary to his own faith

and judgment ; nor fball he ever be obliged to pay tythes, taxes, or any other rate, for the building or repairing any place qf worfhip, or for the maintainance of any minifter or miniftry, contrary to what he believes to be right, or hath Voluntarily

Religious eftah- engaged to do. No one religious fociety fhall ever be eftablifhed in this State, in hihment prolu- p refererice to another; nor fhall any perfon be denied the enjoyment of any civil right, merely on account of his religious principles.. slaves not to be Sect. 11. There fhal] be no future importation of flaves into this State from imported. Africa, or anv foreign place, after the fir ft day of October next. The legiflature ' ; oi ° Nottobecman- . . „ r r , /. r n ., cirated without mall have no power to pais laws ior the emancipation or Haves, without the confent eonfentof own- f ga^ f their refpective owners, previous to fuch emancipation. They mail Maybe brought have no power to prevent emigrants, from either of the United States to this from other State, from bringing with them fuch perfons as may be deemed flaves by the laws States by emi- ° ' grants. of any one of the United States.

fhall Malicioiifly dlf- Sect. 12. Any perfon who malkioufly difmemker, or deprive a flave of life,, membering or ]i fl)a fu ffer fuch punifhment as would be inflicted in cafe the like offence had been depriv'mgaflave - '',.. . ,. , , r r r • r a tree white perion, and on the like proof, except in caie of ,-,r life—how commuted on mfur- pumfhed. veftion by fuch flave, and unlefs fuch death fhould happen by accident in giving fuch flave moderate correction.

feier.ces. mall be in feminaries The arts and Sett. 1 3. The arts and promoted, one of more af Sciences to be ] [ ri an d the le-giflature fhall, as foon as conveniently may be, give fuch further ezrn g ) donations and privileges, to thofe already eftablifhed, as may be necefTary to fecure

the obiects of their inftitution ; and it fhall be the duty of the general affembly, at their next feiTion, to provide effectual meafures for the improvement and permanent fecurity of the funds and endowments of fuch inftitutions.

fhall their Peribnsin office Sect. 14. All civil officers continue in the exercife of the duties of feve- how long to ra-j c j|i ces during the periods for which they were appointed, or until they fhall • ' continue. . .. be fuperceded, by appointments made in conformity to this constitution : and all this. laws now in force, fhaii continue to operate j4 fo far as they are compatible with conftitutiouj. LAWS OF GEORGIA. - 43

ihe !e ifia [ure ConftitUlion, until repealed; and it fhall be the duty of the general aflembly to pais g,

all neceflary laws and regulations, for carrying this conftitution into full e fleet. conftitution in- to effect.

SecL 15. No part of this conftitution {hall be altered, unlefs a bill for that pur- The conftituti- or<~ what fpecif\ine the alterations intended to be made, fhall have" been read three m pofe, times , 1 ' r J o manner to be ^ . •« in the houfe of reprefentatives, and three times in the fenate, on three feveral days altered. in each houfe, and agreed to by two thirds of each houfe refpe£tively; and when any fuch bill fhall be pafled in manner aforefaid, the fame fhall be publifhed at leift

fix months previous to the next enfuing annual election for members of the general aflembly; and if fuch alterations, or any of them fo propofed, fhall be agreed to in their firft feflion thereafter, by two-thirds of each branch of the general aflembly, after the fame fhall have been read three times, on three feparate days, in eachTe- fpeitive houfe, then and not otherwife, the fame fhall become a part of this conftitution.

WE the underwritten, delegates of the people of the State of Georgia, chofen and authorifed by them to revife, alter or amend, the powers and principles of their government, DO declare ordain and ratify the feveral articles and fecli- ons contained in the fix pages hereunto prefixed as the conftitution of this State; and the fame fhall be in operation from the date hereof.

In testimony whereof, we, and each of us reflectively, have hereunto fet our hands, at Louisville, the feat of government, this thirtieth day of May, in the year of our Lord one thoufand feven hundred and ninety eight, and in the twenty-fecond year of the Independence of the United States of America; and have caufed rhe great feal of the State to be affixed thereto.

J A RED IRWIN, President, and delegatefrom Wapington, Attest, James M. Simmons, Secretary.

A. D. 1755. An Aft for regulating the militia of this province, and for the fecu- No. 1. rity and better defence of thefame.

January 24, 1755. Obfokte.

AnAfljorflamping, imprinting, emitting, and making current thefum No. »• offeven thoufand pounds Jlerling in paper bills of credit, to be lei out at interef on goodfecurities, atfix per cent, per annum, andfor applying the faid interejl. Febru; r y i7» J 755- Obfokte. An 44 DIGEST OF THE

A. D. 1 755. An Acl for inflitling and impofing penalties upon any per/on or perfons No 3 ' ' that floall publiflo and declare that the atls of the general affembly of the province of Georgia are not offorce.

February in. N Obfolete.

No a- An Ac! for raifing and granting to his majefty a fum of money to defray the expences of the courts of oyer and terminer, and other contin-

gencies of government, -

February 21. ObJoleic,

No. f. An Acl for afcertaining the interefl money in the province of Georgia,

March 7, 1755. (10 p. cent.)

See a3 of 1759, No. 46.

No. 6. An Acl to empower the feveralfurveyors herein after named to lay out public roads in the province of Georgia.

March 7. Obfolete.

No - 7. An Acl for efablifljing a market in the town of Savannah, and to prevent forefailing, ingroffing, and unjujl exaclions in the faid town and market,

March 7.

See ci8 of 1 787, No. 367 ; Iff ad of 1789, No. 430.

No. 8. J[n Acl to prevent fraudulent deeds and conveyances.*

Preamble. "^S"^" TTHEREAS many inconveniences may attend the want or neglecl of re- yl Y cording in the public offices of this province all conveyances of land, Enacted, negroes, and other chattels or mortgages of the fame, Be it ena£led> That all conveyances of lands, tenements, negroes, and other chattels, or hereditaments whatfoever

* Re-enacted with alterations by acl of 1768, No. 188. LAWS OF GEORGIA. 45

foever or mortgages of the fame:, that were made before the palling this act, fhall A. D. 1755. be regiftered in the regifter of the records office of this province within three months & ° r Deeds,r> j mcrtga- after the publishing this aft, except fuch as have been or may be hereafter executed ges, arid other 1 in Europe, which (hall be regiftered as directed in this aft, within a twelve month [^rlnd"^- and a day, and except fuch as have been or may be hereafter executed in the Weft- grotswhereand India iflands or on the American continent north of South-Carolina, which fhall be h^^LAi' regiftered as directed by this aft within fix months, and fuch as may be hereafter made within this province be regiftered within the fpace of fixty days from the date

of the feveral deeds, conveyances, or mortgages, in failure of which, all fuch as are lawfully and regularly regiftered as aforefaicl, fhall be deemed taken and conftrued to be prior and fhall take place and be recoverable in law before any and every deed, conveyance, or mortgage which has not been lawfully regiftered as above, any law, cuitora, or ufage to the contrary notwithftanding.

II. And in order to difcoufage and deter all and every perfon and perfons from , IM

making any fraudulent conveyances or mortgages, Be it further enatledy That If any lent how ex- te< ea u ~ ;' f tender or mortgager of lands,' tenements, negroes or other chattels or hereditaments t> fc> nifhment. . ? within this province fhall prefume to execute a fecond or other deed of conveyance or fale of the fame lands, tenements, negroes, or other chattels or hereditaments other

than the firft vendee of fuch lands, tenements, negroes or other chattels or hereditaments, or a fecond or other deed of mortgage without having taken notice in the

faid deed of mortgage of the firft or prior mortgage or mortgages with which the faid lands, tenements, negroes or other chattels or hereditaments ftand charged at

the time of executing the faid deed ; all and every perfon and perfons fo offending

ftrall be tried and punifhed, and be fubjeft to the like forfeitures and penalties as the

laws of that part of Great Britain, called England, have provided againft all fuch

perfons as fhall execute deeds of mortgage without taking notice of all prior mortgages made.

III. And be it further enac7ed, That all wills or teftaments conveying properties in Wills or tefta- v this that have been formerly made and not recorded in the former office, province, ancl in ^hat be regiftered in the regifter of records office of this province within three months af- time to be en-

ter the paffing of this aft, except fuch as have been or may be made in Europe, all which mail be regiftered as aforefaid within a twelve month and. a day, otherwife they are deemed and conftrued to be void; and all wills and teftaments hereafter to be made within this province, fhall be regiftered as above within three months from the death of the teftator, in failure of which (he faid wills or teftaments fhall be deemed and conftrued to be void and of no effeft.

IV. And be it further enacted, That all deeds or conveyance, mortgages, wills or ~ . „ J ' ' -•'•?***'. ~ Deeds, . &c. writings that have been regularly entered in the former office of record of this pro- heretofore re-

i r • \ A A "\ LClma

J. Reynolds. March 7, 1755. An 4 6 DIGEST OF THE A.D. 1755. An ASi for raifing a fund by an impojl on (hipping to defray the ex~ pence of keeping the light houfe * on Tybee ifland in repair, and for building a houfe there for the ufe of the pilot.

March 7, 1755.

* Ceded to the United States by a<5t of 179I, No. 451.

No- 10. An Acl declaring it higkf\ treafon to counterfeit his majefty*s feal of this province,

March 7, 1755.

Rendered obfolete by the revolution.

\ See U. S. Conft. art. 3, feft. 3, defining treafon.

No. Ii. An Acl to regulate fences in the province of Georgia.

March 7, 1755.

Repealed by acl of 1 759, No. 47.

A. D.i 756. An Acl for declaring and eflabli/hing the method of drawing and

No I2 - - fummoning jurors in the province of Georgia.

December 13, 1756.

Obfolete.

No. 13. An Acl for the eafe of diffenting protefanis vuithin this province vuho may be fcrupulous of taking an oath in refpecl to the manner and form of adminiflering the fame.

Preamble. "^"W"T"FIEREAS many inconveniencies may arife in this province through the V fcruples of divers proteftant diffenters within the fame, of good eftates and abilities, who refufe to take an oath by laying their hand on the Holy Evangelifts,

whereby the public is deprived of their fervices as jurymen. And -whereas a£rs of toleration and indulgence to proteftant diffenters have been found of beneficial ten- dency to other his majefty's provinces, and may in a particular manner be fo to this

infant province : In order that fuch diffenting proteftants may be enabled and com-

' pellable to ferve on all juries, and to give evidence in all cafes ; and that the a£rs of fuch proteftant diffenters may be valid and effectual in refpecl: of the manner and Ena&ed. form of taking and adminiftering oaths, Be it enabled, That immediately after paffing this act, any perfon who fhall appear in any of the courts of judicature, or before any judge or magiftrate in this province, either as juror, witnefs, party, or otherwife, m LAWS OF GEORGIA. 47 in any caufe, civil or criminal, and mall make and diftinclly repeat a folemn and A. D. 1756. I3 ' confcientious declaration and affirmation according to the form of his profeffion in . r _ affir" . . . A foleIT,n , 1 • • , 1 1 1 r 11 any matter, cauie or thing wherein an oath is required by law, in the following rnation as valid tld n ™ tli * - " ' words : I J. B. do fwear,* in the prefence of Almighty God, as I fhall anfwer ,? * o ' : falfef affirmation at the great and awful day of judgment, that (as the cafe may be) So help me God." punifbed as

er ui - And fuch folemn and confcientious declaration and affirmation fhall be deemed, P J y held, adjudged, and taken to be valid and effectual to all intents, conftrufrions and purpofes whatfoever, in the fame manner as if fuch perfon had taken an oath on the

Holy Evangelifts of Almighty God j and that all and every fuch perfon and perfons as (hall be convicted of falfely and corruptly affirming and declaring any matter or thing which (if the fame had been an oath taken on the Holy Evangelifts) would by law amount to wilful and corrupt perjury, fhall incur the fame penalties, difabilities and forfeitures as perfons convicted of wilful perjury do incur by the laws of Great Britain. WILLIAM LITTLE, Speaker,.

J. Reynolds. December 13, 1756.

An Acl for the better regulation of the courts of requejl. No* 14.

December 13, 1756.

Obfolete.

rai/ing An Acl for a public ftore ofgunpowder for the defence of this no, 15. province.

December 14, 1756.

Obfolete.

a. r>. 1757. An act to explain and amend an acl, entitled, An acl for declaring No, 16. and efiablifJmig the method of drawing and fammoning jurors in the province of Georgia.

February 8, 1757.

Obfolete..

Acl the An for providing for, and difpofing of the Acadians now in »> 17- this province..

February 8=

Obfolete,.

An. 4 «3 DIGEST OF THE

A. D. 1757. /Ui AM for raiftng and granting to his majefiy afum of money to de~ ®f l3, fray the expences of holding the courts of oyer and terminer, and fome other expences of government.

February 8.

Obfolde.

An acl for confirming [ales of land in the province ofGeorgia by at tor- No, 13. nies or agents, and for afcertaining the proof of inftruments or ivrit- ings made out of the province.*

1TT"HEREAS divers perfons living cut of this province, are and have been own- Prem.ble. Y ers of lands within the fame, which perfons have ufuaily appointed attor- nics to fell and difpofe of fuch lands, to the end therefore that thole who have fo

purchafed may from henceforth be fecured in their titles and eftates, Be it ehatledy Enaclc Sales of land, That all fales of lands, tenements, and hereditaments, within this province, hereto- c ^ • \ ^ fore made by any attornies or agents, who have been appointed and empowered by nies or egents any perfon or perfons having a right fo to do, are and fhall be deemed and adjudged Vai m 00 ^ an ^ effectual in law, to all intents, conftruftions, and purpofes whatfoever, as law' g fully as if the faid owner or owners of fuch lands had, by their own deeds and con-

veyances, actually and really fold and conveyed the fame ; and all and fingular the lands, tenements, and hereditaments, fold and conveyed as aforefaid, fhall be and remain to fuch purchafers refpetHvely, for fuch eftate or eftates as the owner or owners fo employing his or their attornies or agents had or ought to have had therein.

• it _ j & , II. And be further evafled, That all bonds, fpecialties, letters of attorney, and execution of, other powers in writing, which fhall be produced in any court, or before any magif- ow prove trate in this province, the execution whereof being proved by one or more of the witneffes thereunto, by affidavit or affidavits, or folemn affirmation in writing, before any governor or commander in chief, chief juftice, mayor, or other chief magiftrate,

of any of his majefty's provinces, cities, towns, or places, where fuch bonds, letters '< of attorney, or other writings, are or fhall be made or executed, and accordingly certified and tranfmitted under the common or public feal of fuch province, courts, cities, towns or places, where the faid bonds, letters of attorney, or other writings, are fo proved refpeclively, fhall be taken and adjudged as fufficient in law as if the witnelTes therein named had been prefent, and fuch certification fhall be fufficient evidence to

the court aad jury for the proof thereof ; Provided, That in every fuch affidavit or af- Provifb. firmation there fhall be expreffed the addition of the party making fuch affidavit or affirmation, and the particular place of his or her abode.

Sales of hnJs, HI. And be it further enabled, That all fales or conveyances of lands, tenements, letters~br powers of byVtter^of^t- or hereditaments, which fhall hereafter be made by virtue of any tomey or agen- attorney or agency, duly executed, which do or fhall exorefsly give power to fell lands cy.how pro\ed ' A and made valid, /- '.

* See 5 and 6 feci, of acl: of 1785, No. 3TT, on the fame fpbjeft. LAWS OF GEORGIA. 49

er other efbtes, and be certified to have been proved as aforefaid, or (hall be proved -A. D. 1757.

No 1 in this province before any juftice of the peace, by one or more of the witrieffes there- - 9-

to, fhall be good and effectual in law, to all intents, conftructions, and purpofes whatfoever,. the fame as if the faid conftituent or constituents had, by their own deeds

and conveyances, actually and really fold and conveyed the fame ; Provided always, Provifo, That no fale of lands, tenements, hereditaments, made by virtue of fuch power or powers of attorney or agency as aforefaid, fhall be good and effectual, unlefs fuch fale be made and executed while fuch power is in force, and all fueh powers fhall be ac~ counted, deemed,, and taken to be in force, until the attorney or agent fhall have due notice of a countermand, revocation, or death of the conftituent. Y/XLLIAM LITTLE, Speaker. John Reynolds. February 8, 1757-

An Ac! for explaining and amending an acl to empower the feveral £& j©. furveyors hereafter named to lay out public roads in the province oj Georgia.

February 8.

r Obfolete. See aS oj 1786, No. 358.

An Act for the better ftcuring the payment, and more eafy recovery No. 5T> of debts due from any perfon not refiding in this province by attaching their efiate perfonal, if any fuch they have in this province.

February 8.

See aS of 1 761, No. 74;

An Acl for ejlablifhing a -watch in the town, of Savannah no. July 19, 1757.

Obfolete,

An Ac~i for the better fettling the province of Georgia, No. jp* July 19.

This. a8 is in its nature temporary Obfolete,

G An- |o DIGEST OF THE

A. D- 1757, An AH for preventing the enemy from being fupplied with cattle -or * ' 4 other provifions from this province, July 19. Obfokte.

No. %s, jin ASl for the fecurity and defence of the province of Georgia by erefling forts in the feveral parts thereof andfor appointing com" mifjioners to carry the fame into execution,

July 19. Obfokte.

No. 26. An Ac! for efiabllfhlng and regulating ofpatrols, July 28. Obfokte. See a8 of 1765, No. 137.

No. 27. An Acl to oblige the male white perfons in the province of Georgia to carry fire arms to all places of public worfhip.

July 28, 1757.

Obfokte.—See ail of Ij'jo, No. 191.

No. 28. jln JIB forflumping and Iffulng in paper bills of credit the fum offix hundred and thlrty~ eight pounds feven fhllllngs and one penny and a farthing to be applied in dijcharge of the public debt, and for appropriating three-fourths of the interefl on thefum of two thou- fandfeven hundred and eighty-five pounds already Iffued and let to

interefl to thefinking of the faidfum. And alfo for (lamping and iffulng the further fum of two hundred pounds to be applied In the exchanging defaced and obliterated bills, i

July 28. Obfokte.

No. 29. An AB for raifing and granting to his majefy thefum offix hundred and forty-five pounds to defray the expences of holding the courts of oyer and terminer, and other expences of government, July 28. ' Obfokte. An LA-WS OF GEORGIA. .' 51

Ait Aft for regulating taverns and punch houfes, and retailers of A, D. 1757, °* 3 °* Jpiritous liquors, July 28.

Repealed by acl of' I 791, No. 459. A. D. 1758. *An Acl to prevent private perfons from purchafing lands fronts the No, 31. Indians^ and for preventing perfons trading vuith them without licence*

'HEREAS the fafety, welfare, and prefervation of this province of Georgia, Preamble , doth, in great meafure depend on the maintaining a good correfpondence between his majefty's fubjects and the feveral nations of Indians in amity, with the faid province : And whereas many inconveniences have arifen, from private perfons claiming lands, included in the charter granted to the late honorable truftees for efta- » blifhing the colony of Georgia by his prefent majefty, and fince reinvefted in the crown, under pretence of certain purchafe-s made of them from the Indians, which have given occafion for difputes with thofe people ; for remedy whereof, and for preventing any differences or difputes with the Indians for the future, and alfo for preventing perfons trading with them without licence, Be it enacled, That from and Ena&ed.

fifteenth day of February, one thoufand feven hundred and fifty-eight, if after the any f^'"^ j^ perfon or perfons whofoever fhall attempt to purchafe or contract for, or caufe to Indians unlefs be purchafed or contracted for, or (hall take or accept of a grant or conveyance of to\/void and any lands, or tracts of landj from any Indian, or body of Indians, upon any pretence the offender to whatsoever, (except for the ufe of the crown, and that by permiflion for this purpofe firft had and obtained from his majefty, his heirs or fucceflors, or his or their gover- nor or commander in chief of the faid province for the time being) every fuch purchafe, contract, grant, and conveyance, fhall be, and is and are hereby declared to be null and void, to all intents and purpofes whatsoever ; and all and every perfon and perfons fo offending fhall, for every fuch offence, forfeit the fum of one thoufand pounds, fterling money of Great Britain, the one half thereof to his majefty-f-, his heirs and fucceflors, for the ufe of the province, and the other half to him or them who fhall fue for the fame, by action of debt, or information, in the general court of this province, in which no aflbign, protection, privilege, or wager of law, or more than one imparlance, fhall be allowed. The rejl of the acl refpetling trade and intercourfe with Indians obfolete, being under dire&ion of

Congrefs. See fed, confl. and act of U. S. 1 790. DAVID MONTAIGUT, Speaker. PATRICK HOUSTOUN, Prefident. Henry Ellis. February 15, 1758.

* See aft of 1784, No, 286, on the fame fubjeift. Sales of lands by Indians-regulated by aft of Congrefs July 22. 1790.

f Now applied to the ufe. of the State. See act of 1784, , No. 287, An 5= DIGEST OF THE

A ' 758 ' A" hetter »'«rLa in n"' > >-?S"l«?»>J ^ the town of Savannah. 3 M March 15.

Obfolete.

No 23. An Acl to explain and amend an aft pajfed in the laji fejion of the prefent general affembly of this province, entitled, « An Actfor the feenrity and defence of the province of Georgia by ereeling forts in the feveral parts thereof, andfor appointing commiffwners to carry thefame into execution?'

March 15,

Obfolete.

No. 34. An Ac! to amend and continue an acl, entitled, An adl for regulating the militia of this province, andfor the Security and better defence of the fame.

March 15.

bfokte.

No. Z5 . An Adl to encourage ivhite tradefmen to fettle in the feveral towns within the province of Georgia, by preventing the employing negroes and otherflaves being handicraft tradefmen inthefaid towns.

March 15.

Rendered obfolete by the change ofgovernment. /

No. 36. An Aclfor confituting and dividing thefeveral diflricls and divifions of this province into parifhes^ and for eflablifhing of religious worfhip therein, according to the rites and ceremonies of the church of

England ; and alfo for empowering the church-wardens and veflry-

men of the refpetlive parifhes to affefs rates for the repair of churches, the relief of the poor, and other parochialfervices.f

Parifhes laid off I. 13 E it enaBed, That the feveral diflricls and divifions of the faid province fhall, and ikfcnbed. Jf/j from and after the feventeenth day of March, one thoufand feven hundred and fifty-eight, be divided and constituted into eight parifhes, that is to fay, the town and

* See act of 1765. No. 126. Defining other parifhes, and adding to St. James. f Before the revolution the laws had coercive power on religious fervice in the church, the revolution chan- ged the antient order of things in church and ftate. The people then made a constitution for thcmfclves, in

which was deflroyed all church Supremacy ; and all men declared to haveliberty to worfhip in their own way and to be liable to no tax or buri-ben except in their own fociety. And an act. of aflsmbly ha6 iince palled, con- tinuinfr LAWS OF GEORGIA. 5.3 and diftrict of Savannah, extending up the river Savannah, including the iflands A. D. 1758.

No 3<5, therein, as far as the fouth-eaft boundary of Gofhen, from thence in a fouth-we(! " line to the river Great Ogechee, and from the town of Savannah eaftward, as far as the mouth of the river Savannah, including the fea islands to the mouth of the river Great Ogechee, and all the fettlements on the north fide the faid river to the wefiera boundaries thereof, fhall be and forever continue a parifh, by the name of the parifli of Chrijl Church ; the diftrict of Abercorn and Gofhen, and the diftrict of Ebenezer, extending from the north-weft boundaries of the parifli of Chrijl Church up the river Chrift Church. Savannah as far as the Beaver-Dam, and fouth-weft as far as the mouth of Horfe- Creek on the river Great Ogechee, fhall be and ever continue a parifh, bv the name of the parifh of Saint-Matthew, the diftrict of Halifax, extending from the north- St. Matthew. weft boundaries of the parifh of Saint-Matthew up the river Savannah from the mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's

Creek, to the river Great Ogechee, fhall be and forever continue a parifli, by the name of the parifh of Saint-George ; the diftrict of Augufta, extending from the north- St. George, welt boundary of the parifh of Saint-George, and fouth-weft as far as the river Oge- chee, and north-weft up the river S:ivannah as far as Broad-River, "fhall be and forever continue a paiifh by the name of the parifh of Saint-Paul; the town of Hard- St. Paut wick, and diftrict of Ogechee, on the fouth fide of the river Great Ogechee, extending north-weft up the faid river as far as the Lower-Indian Trading-Path leading from Mount-Pleafant, and fouthward from the town of Hardwick as far as the fwamp of James Dunham, including the fettlements on the north fide of the north branches of the river Midway, with the ifiands of OiTabaw, and from the head of the faid Dunham's Swamp, in a north weft line, fhall be and forever continue a parifh, by the name of the parifh of Saint-Philip; from Sunbury, in the diftrict of Midway and Newport, St. Philip. from the fouthern bounds of the parifli of Saint-Philip, extending fouthward as far as the north line of Samuel Haftings, and from thence fouth-eaft to the fouth branch of Newport, including the iflands of Saint-Catharine and Bermuda, and from the north line of the faid Samuel Haftings north- weft, fhall be and forever continue a parifh, by the name of the parifh of Saint- John; the town and diftrict of Darien, extending St. John. from the fouth boundary of the parifh of Saint-John to the river Alatamaha, including the ifiands of Sapelo and Eaftwood and the fea ifiands to the north of Egg-lfland, north-weft up the river Alatamaha to the forks of the faid river, fhall be and forever

continue a parifli, by the name of the parifh of Saint-Andrew; and the town and St. Andrew.

diftrict .

tinuir.g all the royal provincial afts, not inconfifrcnt with the principles of the revolution, the conftitution and acls of the Stale. The queftion now arifes, 'whether the parts of the old a As giving power of affefling rates, arc fo confident or not at this day. The anfwer is evident, religious affocialions are voluntary, and may be incor- porated, and the legiflature may give fuch power upon their application; hut without a fpecialiaw fuch affefT-

ments cannot be made. Thofe parts therefore of the antient ac'ts, mufh he confidered as dead letter ; and the ge- niusof our government muil prevail. The following are confidered, and have often been afferted, among the natural rights of mankind, " That no man fhall he compelled to frequent or fupport any religious worfhip, place " or minidry whacfocver, nor fhall be enforced, reftiained, molefted, or burthened in his body or goods, nor

" fhall otherwife fuffer on account of his religious opinions or belief ; but that all men fhall be. free to profefs, " and by argument to maintain, their opinions in matters of religion, and that the fame fhall in no wife dimi- «« nifh, enlarge, or affecT: their civil capacities.'' See 10. feet. 4. art, Conft. 1798. to like effetft. 54 DIGEST OF THE

A. D. 1758. diftrict of Frederica, including the iflands of great and little Saint-Simon, and the No. 36 adjacent iflands, fhall. be and forever, continue a parifh, by the name of the parifh of

St. James. Saint-James,

II. And be it further enacled, That from and after the faid feventeenth day Church in Sa- of vannah and bu- March, one thoufand feven hundred and fifty-eight, the church already erected in rial phce. the town of Savannah,* and the ground as now ufed for a cemetery or a buria.1

Chrift Church. place thereto, fhall be the parifh church and cemetry of Chrift Church.. III. Repugnant to the form of our government,

IV. And be it further enacledf That from and after the faid feventeenth day of Church in Au- pufta and burial March, one thoufand feven hundred and fifty-eight, the church erected in the town place thereto. of Augufta, with the cemetery or burial place thereto belonging, fhail be the parifh St. Paul. church and burial place of Saint-Paul The reji of this ad, repugnant to the form of our government. DAVID MONTAIGUT, Speaker. PATRICK HOUSTON.

Henry Ellis. - -

March 15, 1758.

No. 37.- An Acl for limiting the time for perfons claiming lands by virtue of warrants offurvey, allotments, nominal titles, or pojfejjton, derived from and under the late t honorable truftees for eflablifhing the colo-> ny of Georgia, their prefident and afftjlants, or any others acllng by and under their authority.

Preamble. "HEREAS great numbers of town lots,, and other tracts of land, in different parts of this province, that have heretofore been allotted by the late honorable truftees for eftablifhing the colony of Georgia, or thofe acting under their authority, do now lie vacant and uncultivated, the feveral perfons to whom thqy are allotted being either dead or having left the province, to the great hinderance of

the fettlement of it, and the retardation of his majefty's quit rents : And whereas the limiting a certain time for all perfons claiming right to fuch lots and lands, to put in and make good their claims to the fame, or other wife to be excluded therefrom, would greatly tend to the fettlement and cultivation of the province, by obliging fuch perfons to take out grants for fuch lots and lands, or elfe enabling his majefty's governor and council to grant them to others;

Lots or traces of I. Be it therefore enacted, That all and every perfon and perfons, that now hold, or land, &c. pof- c ] a j m to hold, any lot or lots, tract or tracts of land in the faid province of Georgia,

late truftees, by virtue of any warrant of furvey, allotment, nominal title, or poffeffion, derived from

truftees, prefident affiftants, fen^t^yfthin ant* un^er tne ^a^ their and or any others acting by and three years. under

* Seea

under their authority, (fuch as hold under regular grants palled under the common A. D. 1758*

feal of the faid truftees excepted) do and fhall, within three years from and after the No. 37. twentieth day of March, one thoufand feven hundred and fifty-eight, appear before the governor and council of the faid province, in their own perfons, or by their attornies or fubftitutes lawfully conftituted, and prove and make good their claim and title to all and every fuch lot or lots, tract or trails of land, as they fhall fo hold, or claim to hold, in manner aforefaid, to the fatisfaction of the faid governor and council, and all and every fuch perfon and perfons, having fo proved and made good their faid claims and titles, and the fame being allowed of by the faid governor and council, fhall and

•do, within fix months next after fuch allowance, take out the king's grant for the fame, in failure whereof, all and every fuch claim and claims to be void.

II. And be it further enafiedy That all and every fuch perfon and perfons, that now otherwife cia ns bc hold or claim to hold, any lot or lots, tract or tracts of land, by virtue of any warrant ." t0 ©f furvey, allotment, nominal title, or pofTeflion as aforefaid, (except as herein before excepted) that fhall not appear before the governor and council of the faid province, in their proper perfons, or by their attornies or fubftitutes lawfully conftituted, and fhall not prove and make good their claims thereto within the time herein before limited, and in the manner as herein before is directed, all and every fuch perfon and perfons fhall, and is, and are hereby forever after debarred and excluded from having any right or title to all and every fuch lot and lots, tract and tracts of land, by virtue of any fuch warrant of furvey, allotment, nominal title, or pofTeflion, as aforefaid, and the fame fhall from thenceforth become forfeited, and revert to his majefty, his heirs and fuccefibrs.

III. And be it further ena3ed, That from and immediately after the end and ex- and forfeited. piration of the faid term of three years, all and every the faid lot and lots, tract and tracts of land that fhall not then have been claimed, or the title thereto approved of, according to the direction and true intent and meaning of this act, fhall be, and the fame is and are hereby declared to be forfeited to his majefty, his heirs and fucceffors, and fhall, to all intents and purpofes, be deemed, held and accounted, as vacant land, and then and from thenceforth it fhall and may be lawful to and for the governor and council of the faid province for the time being to iflue warrants for granting the fame away as fuch to any perfon or perfons whomfoever ; Provided neverthe/efs} That no- provifo, thing herein contained fhall vacate or prejudice the right of any perfon or perfons, being -within the age of twenty-one years, non compos mentis., or imprifoned, at the commencement of this act, fo as fuch perfon or perfons do make their claim within three years after he, fhe or they, fhall attain the age of twenty-one years, fhall become of found mind, or be enlarged out of prifon.

IV. And whereas the records of the firft furveys and allotments made of lands in this province are very imperfect, and the furveyor general by that means unable to render an account of fuch as have fo been furveyed and allotted for perfons who are dead, or abfent from this province, as aforefaid ; wherefore, that this bufinefs may be the better and more perfectly performed, Be it further enacled, That all and every perfon and perfons now refident in this province, or in the province of South Carolina, that /

DIGEST OF THE

A. D. 1758. that hold, or claim to hold, any lot or lots, tract or tracts of land, in the faid pro- No. 37- of Georgia, virtue warrants of furvey, allotment, Claimants rc- vince by of any nominal title, or fsding here or pofleffioa, derived from and under the faid truftees for eftablifhing the colony of in S. Carolina to give in their Georgia, their prefident and affiftants, or any others acting by and under their autho- claims within rity, (except as herein before is excepted) do and (hall, within eighteen mouths from eighteen months and take and after the twentieth day of March, one thoufand feven hundred and fifty-eight, out grants* appear before the governor and council of the faid province of Georgia, in their own perfons, or by their attornies or fubftitutes lawfully conftitutcd, and prove and make

good their claim and title to all and every fuch lot or lots, tract or tracts of land, as they fhall fo hold, or claim to hold, in manner aforefaid, to the fatisfaction of the faid governor and council, and fuch claim and title being allowed of, do and fhall, within three months next after fuch allowance, take out his majefty's patent and grant for the fame, in default and failure whereof all and every fuch claim and

claims to be void •, and all and every fuch lot and lots, tract and tracts of land, mall and may from thenceforth be patented and granted away as vacant land, in manner as

herein before is directed ; any thing in this act contained to the contrary thereof in any wife notwithitanding.

this AMrad of V. And, to the intent that no perfon may plead ignorance hereof, this act fhall s aft to be pub- as foon as conveniently may be, after the faid twentieth day of March one thoufand lifhed in the London and S. feven hundred and fifty-eight, be printed, and an abftract thereof fhall be publifhed Carolina ga- Carolina Gazettes ; Provided always, and be it enabl- zettes. in the London and South further Provifo. ed by the authority aforefaid, That in cafe his majefty, by his royal proclamation, iffued at any time before the twentieth day of September, one thoufand feven hundred and fifty-nine, fhall fignify his pleafure as to all or any of the matters and things in this act contained, then this act, and every or fuch article, claufe, and- thing therein, fhall.

eeafe, determine, and be utterly void ; any thing herein before contained to the contrary thereof in any wife notwithftanding. DAVID MONTA1GUT, Speaker.. PATRICK HOUSTOUN. Henry Ei.lis..

March 15, *75 8 -

No. 38. An Ac!for preventing the enemy from being fupplied ivith cattle and other provifionsfrom this province,

December 12, 175^8.

Obfolete..

regulating the No. 39. An AH for affize of bread* December 12.

Obfolcte. See a& of 1 768, No. 74*. dh LAWS OF GEORGIA. S7

A. D. An Acl to empower the commijjioners of the general loan tofiamp, imprint-, fign} and pay 1759* No. 40. into the hands of his majejlfs treafurery the further fum of ^.799 8 1 1 in forling

bills of credit> to defray the expence of repairing the church in Savannah & for. building a public magazine in the town of Savannah; for fecuring the light houfe on Tybee ifland; and to make good a deficiency of the lajl public tax defrayed by an accident of

fire. March 27, 1759.

Obfolete.

An ac~l for eflablifhing and confirming the titles ofthe feveralinhabi- No. 4s. tants of this province to their refpeclive lands and tenements, t FORASMUCH as many Suits and contefts may hereafter arife by means of pretend- Preamble. ed antient titles to lands and tenements derived from and under the late lords proprietors of Carolina, the conditions of which title* have not been. complied with,, and. the lands have Since been regranted : For remedy and prevention whereof, and for quieting the eftates of the prefent lawful poSSefiors and avoiding fuits- in law, Be it enacledy That all and every perfon and perfons that are now poSfeSfed of or do hold. Ena&ed. Gr nts tenements whatsoever within the faid province of Georgia, by and under of *e any lands or ^ grants from the late honorable truftees for eftablifhing the colony of Georgia, or by thofe fince the rr erof the under grants from his majefty obtained fince the Surrender of the charter of the ™j and ^ a faid truStefs, are hereby eStabliShed and confirmed in the poSfeffion of their Several and firmed againft C m lands -and tenements, and fuch grants thereof are hereby accordingly rati- refpeclive ule k>'r ds pr" fied and confirmed, and declared to be good and valid to all intents and purpofes what- pnetors of Ca- foever, againft all and all manner of perfons claiming any eftate or intereft therein by grants before' faid proprietors of Carolina, or by or under any former grants ob- he d te of thc and under the lords l , t, tained before the date of his majefty's charter to the faid truftees for eftablifhing the colony of Georgia, any act, law or Statute to the contrary notwithstanding. DAVID MONTAIGUT, Speaker.

PATRICK HOUSTOUN, frefident... Henry Ellis. March 27, 1759-

An Acl for raiftng and granting to his majefiy the fum of f.ii 20 5 cf- to defray the ex-- No. ,43. pences of holding the courts of oyer and terminer^ andfame ether cxpences of govcrn- vernment.

March 27;

Obfolele.

Act erecting a public magazine* An for $fo, 43, March 27, 1759.

Obfolete..

*S 1 1 •

A. D. 1 759» Ah Act for the repairing of Cbrift Clurch in Savannah.

No ' 44 - March 27.

Obfokte.

No. 45, An A3 to prevent the building wooden chimneys in the town of Savannah, the repair of thofe already built, and to provide againfl accidents of fire. March 27.

Obfokte. —See acl of 1 787, No. 367.

No. 4 6. An Act for reducing the intereft of money in this province.

Preamble. "^ITTHEREAS the high rate of intereft in this province of Georgia is a great dif- Yf couragement to planters and others from improving their landed eftates therein, by reafon that the profits arifing from fuch improvements do not equal the

fum paid for money fo laid out and employed ; And whereas many planters and others, by failure of crops and other misfortunes, do become unavoidably indebted, and are therefore made chargeable with the faid high rate of intereft, to the detriment of the faid planters and others, and to the great hinderance of the improvement and

fettlement of the faid province j for remedy whereof, and for preventing the like mif-

Enacted. chiefs for the future, Be it enacled, That no perfon or perfons whomfoever, from and after the twenty-ninth day of March, in the year of our Lord one thoufand feven hundred and fifty-nine, upon any contra£l that fhall be made from and after the faid twenty-ninth day of March, (hall take, directly or indirectly, for loan of any monies, wares, merchandizes, or other commodities whatfoever, above the value of eight

intereft of mo- pounds for the forbearance of one hundred pounds for a year, and fo after that rate sey to beat the £ greater or leffer fum, or for a longer or fhorter time,* and that all bonds, con- 01 ° } xaie a per . tent. - tracts*, and afTurances whatfoever, made after tne time aiorefaid^ for the payment of any principal or money, to be lent, covenanted, to be performed upon, or for any ufury, whereupon or whereby there fhall be referved or taken above the rate of eight pounds in the hundred as aforefaid, (hall be utterly void; and that all and every perfon or perfons whomfoever, who fhall, after the time aforefaid, upon any contrail to be made after the faid twenty-ninth day of March, take, accept, and receive, by way or means of any corrupt bargain, loan, exchange, chevizance, ffiift, or intereft of any wares, merchandize, or other thing or things whatfoever, or by any deceitful way or means, or by any covin, engine, or deceitful conveyance,, for the forbearing or giving day of payment for one whole year, of and for their money or other thing above the fum of eight pounds for the forbearing of one hundred pounds for a year, and fo after that rate for a greater or lefter fum, or for a longer or fhorter term, fhall forfeit and lofe for every fuch offence the treble value of the monies, wares, merchandizes, and

* See jicl of 1792, No. 475, feel. 38; and note refpeiling intereft on open sccounts or unliquidated demands. LAWS OF GEORGIA. 59 and other things fo lent, bargained, exchanged, or fhifted, any law, ufage, orcuftorn A. D. 1759,

No 4

~~An Actfor the better regulating fences in the province of Georgia*, no. 47.~~

~~'HEPiEAS an act paffed the feventh day of March, one thoufand kven Preamble.~~

hundred and fifty-five, in the fir ft feffion of the firft general affembly of this province, entitled, " An act to regulate fences in the province of Georgia," has been found very ineffectual for the purpofes thereby intended : And whereas the fixing and eftablifhing fit and proper dimenfions for all fences and enclofures to be erected and made in and about the feveral plantations and fettlements of this province, would not only prevent the feveral owners and occupiers thereof, fo fenced and enclofed, from receiving any damage from the irruption, ftraying, or breaking in of cattle, horfes, fheep, goats, or fwine, but would likewife obviate any doubts or difputes happening or arifing as to the ftrength and fufhciency of fuch. fences and enclofures, in cafe of any irruption or trefpafs to be committed within the fame : Be it enaHed, That from and after the twenty^ninth day of March one Fna&ed. P'meniions of thoufand feven hundred and fifty-nine, all fences or enclofures, commonly called worm fences, that fhall be erected and made around or about any garden, orchard, rice ground, indigo field, plantation or fettlement, in this province, fhall be fix feet high when flaked and ridered, and from the ground to the height of three feet of every fuch fence or enclofure the rails thereof {hall not be more than four inches

~~diftant from each other; and that all fences or enclofures, that fhall confift of pal- ing, fhall likewife be five feet high from the ground, and the pales thereof not. more~~

~~than two inches afunder ;, Provided always, That where any fence or enclofure fhall. be made with a ditch or trench, the fame fhall be four feet wide, and in that caf®~~

~~the fence fhall be fix feet high from the bottom of the ditch.~~

~~II. And be it further enaBcd, That if any trefpafs or damage fhall be committed:~~

~~in any garden, orchard, rice ground, indigo field, plantation,. or fettlement, not being-~~

~~fenced and enciofed in manner as herein before is directed by the irruption, break-~~

ing in, or ftraying of any cattle, horfes, fheep, goats, or fwine, the owner of fuch Owners of cat*

cattle, horfes, fheep, goats, cr fwine, fhall not be liable to anfwer for fuch trefpafs, w^ fo^' aAy*da~ or to make good or fatisfy any damage or injury that fhall happen or be committed by mages done in ds '^ l reafon thereof;, and in cafe any perfon or perfons fhall kill, maim, hurt, or deftroy, . a ^y cc xiol or caufe to be killed, maimed, hurt, or deftroyed any cattle, horfes, fheep, goats, or properly fenced*. fwine, fo trefpa fling, ftraying, or breaking into any garden,, orchard, rice ground,, indigo field, plantation, or fettlement, not fenced and enolofed in manner as by this adV

~~is directed, all and every fuch perfon and perfons fhall anfwer and make good to the~~

~~owner or owners thereof all fuch injury and damages as he or they fhall fuftain thereby,. the 60 DIGEST OF THE~~

A. D. 1759. the fame to be recovered, on due proof thereof, before any two juftices of the peace No. 47. for the diftrict where the offence {hall be committed^ and to be levied by warrant of diftrefs and fale of the offender's, goods.

Juftices to ap- JIJ- And be It further enured, That in cafe any cattle, horfes, {heep, goats, or point three free- {]ia ]i into fwjne * break any garden, orchard, rice ground, indigo field, plantation, holders to ap- • <• 1 1 1 i r 1 praife the da- or fettlement, being fenced and enclofed according to the direction of this act, then, S< eby Se &" on application of the party aggrieved, it fhall be lawful for any of his majefty's juftices of the peace in the faid province to appoint any three indifferent freeholders to view and appraife the damage. fo committed and fuftained, and the appraifernent made and figned by the faid freeholders fhall be delivered to the faid juftice, or any

~~other, who is hereby authorifed and empowered to caufe the * fum fo appraifed -to be levied by warrant of diftrefs and fale of the offender's goods.~~

e enabled, in Refufing to ap- *V. And & fcjfwtty* That cafe any freeholder, appointed by any juftice praife fhall for- to view and appraife any damage faid to be committed, fhall neglect or refufe to y .° appraifement, in Jino-s make fuch view and manner as directed by this act, every fuch freeholder forefufiftg or neglecting fhall forfeit and pay, for every fuch offence, a fum not. exceeding forty (hillings, to be levied by diftrefs and fale of the offender's goods to be for the ufe of the party injured.

be it enabled, That no planter or Caufes, &c. not V. And further Other perfon, not having a lawful to he fixed in 'fence, fhall fix in any of his inclofures any canes or flakes, or any other thing that

^undcrppnaityof fhall or may kill, maim, hurt, or deftroy, any cattle, horfes, fheep, goats or fwine, twentyihiilingr. un der the forfeiture of twenty {hillings fterling for every fuch offence, on being convicted thereof before any juftice of the peace of the diftrict or place where fuch offender fhall dwell, upon confeffion of fuch offender, or proof by one or more credible witnefs or witneffes upon oath, one. half thereof to be paid to the informer, and the other half to the poor of the faid diftrict, the. fame to be levied by diftrefs and fale of the offender's goods, by warrant of the juftice before whom fuch offender fhall be convicted, returning to the owner the overplus, if any, after all charges deducted.

~~he it enabled, in all trials saPrevifd. VI. Provided always, and further That to be had before~~

In trials of da- one or more juftices of the peace by virtue of this act, the right of the party to mages right to lands the trefpafs or damage fhall be faid to be done fhall not the on which x a be . the lands not to . be queftioned. brought in queftion, but the fame fhallbe taken for granted to all intents and purpofes whatsoever.

~~Acl of 1755 re- VII. And he it further enabled, That the act for regulating fences in the province pealed. f Georgia, paffed the feventh March, one thoufand feven hundred and fifty-five,~~

in the firfl feffion of the firft general affembly of the faid province,, fhall be and is thereby repealed, revoke^, difannulled, and forever made void. DAVID MONTA1GUT, Speaker, PATRICK HOUSTOUN, PrefdenU Henry Ellis. March 27, 1759. An

~~1 * Not exceeding £30 the jurifdiction of juftices of the peace being limited to that fum—See judiciary act - ef 1797, No. 583. Damages above that Aim can now be afcertained only by a jury. L~~

~~LAWS OF GEORGIA. ^~~

~~An A3for appointing commi/Jioners to repair andfecure the foundation of the light houfe A. D, 1759. No 48. on Tybee ifand. - March 27.~~

~~Obfolete,~~

~~An Aft to explain " and amend an aft, entitled An ail for better regulating the market No 49. in the town of Savannah. March 27.~~

~~Obfolete.~~

~~An Alt to prevent mafers vejftls from carrying perfons in debt this province. of off from n . 50, March 27.~~

~~Rendered obfolete by the operation of the general government.—See fed. con.~~

An Ac~l to continue feveral acls of the general affembly of this No. 51, province,*

feveral ufeful and neceffary laws of this province are near expiring, _ WHEREAS A& for ra ;fin Be it enacled, That an atl of the laft general affembly, entitled, an act for a fund by an '" 1 raifing a fund by an import on fhipping to defray the expenfe of keeping the light pinVLmffed' houfe on Tybee Ifland in repair, and for building an houfe there for the pilot, paffed 7th March, the feventh of March one thoufand feven hundred and fifty-five, which was to be in force for three years from the faid feventh of March one thoufand feven hundred and fifty-five, and from thence to the end of the next feffion of the general affembly, fhall be, and the fame is hereby continued from the expiration thereof until the feventh Continued until day of March one thoufand feven hundred and fixty-four, and from thence to the 1 th March, end of the then next feffion of the general affembly, and no longer.

II. And be it further enacled by the authority afore/aid, That another at~i of the laft Aclfor the bet- e r general affembly, entitled an act for the better ordering and governing of negroes and S L v°rn!ne ne- other flaves in this province paffed the feventh- day of March one thoufand feven hun- groes and other dred and fifty-five, which was to be in force for three years from the faid feventh of March \ 755; March one thoufand feven hundred and fifty-five, and from thence to the end of the next feffion of the general affembly (hall, and the fame is hereby continued from the Continued until expiration thereof until the feventh day of March one thoufand feven hundred and £ 6 fixty-four, and from thence to the end of the then next feffion of the general affembly, and no longer.

~~III. And be it enabled by the authority aforefaid, That an atl of the laft general affembly, entitled, an act to empower the feveral furveyors hereafter named to lay * out~~

* The feveral a&shereia referred to haye fince expired or been repealed. 62 DIGEST OF THE

A. D. 1759. out public roads in the province of Georgia, paffed the feventh of March one thou- No. 51. fand feven hundred and fifty-five; and alfo an aft of this prefent general afiembly en- . J Act to ere now- . . crthefeveral titled, an aft for explaining and amending an a£t to empower the feveral furvey- iyrveyors to lay ors hereafter named to lay out public roads in the province of Georgia paffed the out public roads ... •' or paffed 7th eighth of February one thoufand feven hundred and fifty-feven, which faid acts were

to e * f°rce f° r ea rs faid eighth of February thoufand ^^forexdai'n- ^ n two y from the one feven ingatid amend- hundred and fifty-feven, and from thence to the end of the next feflion of the gene-

~~"fred^th Feb. ra * afiembly, fhall be, and the fame are hereby continued from the expirition thereof, »757.; until the feventh of March one thoufand feven hundred and fixty-four, and from~~

7th March thence to the end of the then next feflion of the general afiembly, and no longer* I 7^4- _ IV". And be it further enatled by the authority aforefaid, That an atl of this prefent male white per- general afiembly, entitled, an act to oblige the male white perfons of the province of fons to carry fire Georgia to carry fire arms to all places of public worfhip, paffed the twenty-third of arms to places 01 ° ' r r . . . public worfhip, July one thoufand feven hundred and fifty-feven, which faid act was to be in force paffed 33a ju.y £or two vears frorn the faid twenty-third of July one thoufand feven hundred and fif-

~~ty-feven, (hall be, and the fame is hereby continued from the expiration thereof until~~

1 -th^March t ^ie ^eventn day ° l March one thoufand feven hundred and fixty-four, and from thence 1764. to the end of the then next feflion of the general afiembly, and no longer. DAVID MONTAIGUT, Speaker. PATRICK HOUSTOUN, Prefdent.. Henry Ellis.

~~March 27, 1759.~~

~~No. j2. An Act to prevent feeding of horfes and neat cattle, andfor the more ejfeBual difcovery and : punipment offuch perfons asfjail: unlawfully brand, mark, or hill thefams, March 27, 1759.~~

~~Expired—See acl of 1773, No. 220,~~

~~Acl regulating the watch in the town Savannah* No. 53.V An for of March 27.~~

~~Ohfolete.~~

~~No 54. An Aftfor eftablifoing the method of appointing confables, afcertaining the qualifications of~~

~~perfons to ferve in that office, and to point out the duties attending thefame.~~

~~March 27.~~

~~QlfoleU—See aB of 1797, No. 582, .SecJ. 63.~~

~~taverns, punch houfes, and retailers fpiritous liquors* No. 55. An Ac! for the better regulating of~~

~~March 27.~~

~~Repealed by aft of 179 1, No. 45.9. J:k LAWS OF GEORGIA. *3~~

~~An Ac!for holding fpecial or extraordinary courts of common pleas for the trial of eaufes A. D. 1760. between rangers No. j6. arifing merxhantst f t and mariners.~~

~~March 4, 1760.~~

~~This a£i gave place to ail of 1 763, No. 1 05,~~

~~An Aft to enable feme coverts to convey their efiates, andfor confirm- No. j 7. ing and making valid all conveyances and acknowledgments heretofore made by feme coverts,~~

~~"HEREAS the ufual method of -conveying lands and tenements in England Preamble.~~

~~by feme coverts is by fine or recovery, which methods have not been practifed in any of his majefty's American colonies ;~~

And -whereas) inftead thereof it has been cuftomary in the conveyances of lands by hufband and wife, for the wife to acknowledge her confent before a judge or juftice, being fir ft privately examined by the faid judge or juftice whether fhe acknowledged the fame voluntarily and freely 4 Be it therefore enabled^ That all alienations and con- Enabled. Conveyances veyances whatfoever, which have at any time heretofore in this province been made, &c. of lan

II. And whereas it is neceffary to fecure the property of future purchafers of lands and tenements, as well as to prevent hufbands difpofing without the confent of the wife, what of right did or would belong to them ; And tuhereas alfo the method practifed in England in thefe cafes would prove exceedingly troublefome and very expenfive to the inhabitants of this province, Be it there/ore enacled, that from and after the pafiing of this act, all Conveyances of lands and tenements fhall be made by deed of bargain and fale, or by deeds of leafe and releafe, or by deed of feoff-

; ment, enrolled or regiftered in the fecretary's office of th s province, figned and How to be fealed by the party conveying before two or more witneffes, who fhall likewife fign hereafter made, and rcgiftered. their names to the faid deed ; and where a feme covert has or may have any right in part or the whole of the lands and tenements to be conveyed, and the faid feme

covert doth willingly confent to part with her right, by becoming a party with her Feme covert how tojoin with hufband in the fale of fuch lands and tenements, in fuch cafes as thefe, the faid her hufband. feme covert fhall become a party with her hufband in the faid deed of conveyance, and fign and feal the fame before the chief juftice or afhftant judges, or one of his majefty's

~~See ad of 1768, No. 188, fr£t. ift._ —~~

~~64 DIGEST OF THE~~

A. D. 1760. majefty's juftices of the peace for the parifh where fuch contracts fhall be made, de- Ng>. 57. claring before the faid judge or juftice, that fhe has joined with her hufband in the alienation of the faid lands and tenements of her own free will and confent, without

any compulsion or force ufed by her faid hufband to oblige her fo to do ; which declaration (hall be made in the following words, or in words to the like effect, viz. " I A. B. the wife of C. D. do declare, that I have freely, and without any compulsion, figned, fealed, and delivered the above inftrument of writing paiTed between Rdinquifhment D. E. and C. D. and I do hereby renounce all title or claim of dower that I might of dower. claim or be entitled to after the death of C. D. my faid hufband, to or out of the lands or tenements therein conveyed. In witnefs whereof, I have hereunto fet my

~~hand and feal ; and the faid judge or juftice fhall, and is hereby required to endorfe upon the deed the acknowledgment of the faid feme covert, made before him, and to~~

~~Juftice's fee. fjgn the fame, and fhall receive two {hillings and fix-pence fterling fee, for his endors- ing and figning the fame, and no more.~~

Ill And be it further enacled, That all conveyances of lands and tenements, made and executed, and enrolled or regiftered, according to the intent and meaning of this act, fhall and are hereby declared valid in law, and good and effectual againft the

Conveyances, party conveying, or hufband and wife, and their and every of their heirs and affigns, &c. fo made, and againft all other perfons claiming by, from, or under them, or any of them, to all declared good and valid in intents and purpofes, as if the fame had been done by fine or recovery, or by any other law. way and means, any laws, cuftoms, or ufages, to the contrary notwithstanding. JAMES HABERSHAM- DAVID MONTAIGUT, Speaker. Henry Ellis. April 24, 1760.

~~No. j8. An Atl for the more eafy andfpeedy recovery of final/ debts and damages,~~

~~April 24, 1760. Repealed by a& of 1789, No. 421.~~

~~No. 59. An Atl for afcertaining the qualifications of juror-s, and for eftabliflnng the method of balloting and fummoning of jurors in the province of Georgia.~~

~~April 24.~~

~~Obfolete.~~

No. Co. ,An At!for raifing and granting to his majejly the fum of £1,000 flerling for putting the town of Savannah) and the cut forts in the Jeveral parfhes of this province in a better fate of defence. April 24. Temporary. An LAWS OF GEORGIA. <%

A. D. 1760. in the feveral petrifies of repairing and rebuilding the forts heretofore ereFted An Ad for »• the town Savannah by ereBlng a fort around °- this province, andfor the better fecurlng of within the lines the /aid town. the magazine, and the Mock houfes of

~~April 24. Temporary,~~

~~with epidemical dlflem. No. 6s. An ABto obligepips and other veffels comingfrom places InfeBed pers to perform quarantine. April 24.~~

~~Repealed by a3 of 1793, No. 485.~~

No. 63. 1 1 1 8 ferling, that Is An AcJfor raifing and granting to his majefy the fum of £ 8 3 defray the expences of holding the courts of oyer and to fay, the fum of £66$ 38/5 and the erIin or terminer, andfome other expences of government; fum of £4S°J Sf militia the defence of this province. fubffling two hundred of the for April 24, 1760. Obfolete. _

~~In the town Savannah the No. 64. An Acl for empowering trujlees to purchafe a *houfe of for ufe of the prefent, andfuture governors of this province. April 24.~~

* The fame purchafed accordingly, and fince fold by commifiioners of Louisville, under ordinance of 1786, No. 312.

~~An ABfor the more effeblual putting In force the militia act of this province. No. 65. April 24.~~

~~Obfoiete.~~

~~An Acl for the better regulating the tonvn of Savannah, \and for no. 66. ascertaining the common thereunto belonging.~~

I 111 ESPECTS the regulation of the town. Town .common X\, II. And be It further enabled by the -authority aforefald, That the common appertaining to the faid town, extending foutherly from the extremity of the bluff on the river Savannah to the north line of the garden lots, and wefterly from the weft line of the garden lots, lying eaft of the faid town to the eaft line of the lots lately

~~laid out between Mufgrove's creek and the faid town, including all the fquares,~~

~~I » ftreets,~~

~~See t ad of 1761, No. 78 . \ Repealed by aft 1737, No. 367—Sec corporation a~~

A. D. 1760. ftreets, lanes, and paflages, defcribed in the plan of the faid town in the furveyoi"- 66. No. * general's office, and which have been heretofore accuftomed or made ufe of by the inhabitants of the faid town, (hall be and continue the common property of the lot- j holders in the faid town, and fhall not be aliened or granted away for any purpofe than act of the general aflembly. whatfoever, by / III. IV. *Refpec1 the regulation of the town.

Commiffioners. V. And be it further enabled by the authority afore/aid, That Jofeph Ottolenghe, James Deveaux, William Ewen, and "William Rulfell, Efquires, mall, and they arc hereby nominated and appointed commiffioners to put this act in execution.f The rejl relates only to the mode ofJilling vacancies. DAVID MONTAIGUT, Speaker. JAMES HABERSHAM. Henry Ellis.

~~May 1, 1760.~~

* Repealed by act 1787, No. 367—See corporation adl of 1 787, No. 304, \ See acl: of 1761, No. 78.

~~a No. 67. An Aft to amend an aft, entitled, An aft to prevent wafers of veffels'from carrying~~

~~off' perfons in debt in this pnvince." May I.~~

~~Obfolete.~~

~~act, entitled, " An aft efablifring and regulating No. 68. -An Aft to amend and continue an for of patrols." May 1.~~

~~This acl gave place to acl of 1765, No. 137.~~

~~current r No. 6c;. An Aft for famping, imprinting, ifjuing, and making the Jum of £.>]<\\oJler- ling in paper bills of credit, and for applying andfinking the fame.~~

~~May I, 1760.~~

~~' Obfolete.~~

~~to prevent in the making lumber. No. 70 . An Aft frauds of May I.~~

~~Repealed by ail of 1790, No. .445.~~

" aft repairing and rebuilding theforts hereto- No. 71. An Aft to amend an aft, entitled, An for fore erefted in the feveral pdrijbes of this province, and for the better fecuring the within the town of Savannah by erefting a fort round the magazine and block houfes lines of the faid town." June 4.

~~Obfolete, "*? LAWS OF GEORGIA. 67~~

~~An Acl for eflablifhing a ferry over Great Ogechee river at a place called Pine Bluff, A. D. 1761.~~

~~No - 7*> andfor vefling the fame in John Dcveaux the eldert his executors and admintjlratorsy for the fpace offix years,~~

~~June 9, 1 761.~~

~~See a8 of 1 768, No. 1 74.~~

~~An Acl for afcertaining the manner andform of'electing members to reprefent the inhabi- No. 73. tants of this province in the commons houfe of affembly.~~

~~June 9.~~

~~Glfolete.~~

* An Acl forfubjecling and making liable to attachment the ejlate real Not 74 ; and perjonal of abfent debtor s, in the cuflody or power ofany perfon or perfons 'within this province,

WHEREAS many inconveniences happen by perfons greatly indebted, abfent- Preamble ing or wilfully withdrawing themfelves out of the limits and jurifdiction of this province j and although fuch debtors may have lands, tenements, monies, goods, debts, and other effects belonging to, or due to them in this province, yet, for want of fit means to fubject the fame to the payment of the juft debts of fuch debtors, many perfons have been, and are daily defrauded of their juft dues and demands, to their great injury, and to the frequent hinderance and leffening of commercial credit : For remedy whereof, Be it enabled, That from and Enacted, after the paffing of this act, any perfon or perfons whatfoever, whether an inhabitant of this province, or elfewhere, having occafion to commence any fuit or action in the general court of pleas of this province, againft any perfon or perfons whatfoever. refiding or being without the limits and iurifdiction of the faid province, for any Abfent debtors • bow to corn- 1 i r r r t.i t 1. j . • 1 debt, iumor iums 01 money to him, her or them due and owing, upon any judg- me nce fuit a- p»nft_them a- ment, bond, bill, note of hand, or book debt whatfoever, and being above the fum of eight pounds, lawful money of Great Britain, then, and in fuch cafe, and not otherwife, fuch perfon or perfons fhall, and may, by his, her, or their attorney, petition the chief juftice of this province, or, in his abfence, one of the juftices of the faid general court, fetting forth the nature of his, her or their demands, and that the debtor is abfent from, and without the limits and jurifdiction of the faid province, and which being verified by affidavit thereunto annexed, to the effect following, viz.

~~That A. B. of the purifh of , is indebted to him in the fum of -, which Form of affida- fum fhall appear by a fair and diftinct account, wherein the balance fhall be ftated, Vlt - and~~

* This acl isconfidered in force only in the federal courts of the diftrict of Georgia, being fo at the time of pading the judiciary act of the United States, Septembtr 24th. 1789, but fince re -enacted with amendments by Stale judiciary acl of December, 1789, No. 421, and acl of 1797, No. 582, 63 DIGEST OF THE

A. D. j 761. and that the laid A. B. is abfconded and gone from this province, or that the faid A. No, 74. has B. been three months out of this province ; which faid account and affidavit' fhall be annexed to the faid petition, it fhall and maybe lawful to and for the faid chief juftice, or either of die juftices of the faid court, and they are hereby required to Attachment a- grant to fuch petitioner or petitioners, his majefty's writ of. attachment, directed to C the rovoft nurfhal of this province, abfent debtor, P commanding him to attach, without delay, the how granted, lands, tenements, goods and chattels, monies, debts, and books of account, being the property of, and belonging to the abfent debtor, in the pofleffion, cuftody or

power of any perfon or peribns whatfoever-, and the attaching any part thereof in- the name of the whole, that is in the pofleffion, cuftody or power -of fuch perfon or perfons, fhall make the whole fubject and liable to anfwer any judgment that fhall or may be recovered by virtue of fuch writ of attachment, and the provoft marfhal Perfons indelt- fhall fummon the perfon or perfons in whofe pofleffion, cuftody or power fuch lands, tenements, goods, chattels, ingefiedtTofab- monies, debts, or books of account, fhall be, by deli- fent debtor to vering to him, her or them- a true copy of the faid attachment, with a notice there*

' and Jhew caufe' on indorfed, requiring him, her or them to appear at the return thereof, and fhew caufe &c - why the faid lands, tenements, goods, chattels, monies, debts, or books of account thereby attached, fnould not be adjudged the property of, and belonging to fuch

~~No peribn be- abfent debtor ; but if no perfon fhall be prefent at the time of the attaching fuch~~

^ anc^ s tenements, goods, chattels, monies, debts, or books of account, tafhmert^how > as afore- publifhed. faid, then, and in fuch cafe, the provoft marfhal fhall affix on the door of the court- houfe in Savannah, and in two or more public places in the diftricl: or parifh where fuch lands, tenements, or other things, as aforefaid, fhall be attached, a copy of the faid writ, with an account of the lands, tenements, or other things attached, and fhall give notice thereof alfo in the gazette, and in cafe there fhall be no gazette,

~~' fhall publifh the fame at the watch houfe, vendue houfe, or exchange in Savannah,~~

for any perfon or perfons claiming the fame to appear and fhew caufe as aforefaid , Perfons fum- and the perfon or perfons lb fummoned as aforefaid, fhall, and is, and are hereby t0 required to appear accordingly at the return of fuch writ, or on or before the ver"on oith°" ad- what eftate and journment day of the enfuing court, and to difcover, upon oath, what lands, te-

~~fem debto/are nements, goods, chattels, monies, debts, or books of account, he, fhe, or they, in their hands, have in his, her or their pofleffion, cuftody or power, to which the faid abfent debtor~~

~~Penalty on re- hath any right, title, intereft, property, claim, or demand whatfoever : And if~~

u ™ ' s fuch perfon or perfons, after being duly ferved with the faid attachment and notice as aforefaid, and the proof thereof made on oath to the court, (hall not appear at the return of the writ, or on or before the adjournment day of the court next enfu-

ing the return thereof, or if, on appearing, fhall refufe to difcover, upon oath, what lands, tenements, goods, chattels, monies, debts, or books of account, he, fhe, or they, have in his, her or their pofleffion, cuftody or power, belonging to fuch abfent debtor, that then, and in fuch cafe, the perfon or perfons fo fummoned fhall

~~Judgment by he condemned for default of appearing, or difcovering, upon oath, as the cafe fhall default fhall be happen, and judgment fhall be given againft his, her, or their proper goods and~~

~~chattels, the plaintiff's debt or damage being firft legally proved, in like manner as in other LAWS OF GEORGIA. 69~~

~~other cafes where judgment 13 given by default; but if any perfon appearing and A. D. 1761,~~

declaring any lands, tenements, goods, chattels, effects, or monies to be in his, her -or No. 74. their pofleffion, power or cuftody, and fliall refufe or neglect to pay, or deliver the fame to the order of the court, that then judgment fhall be given againft him, her or them fo refuting or neglecting, and execution fhall accordingly be awarded againft his, her or their own proper lands, tenements, goods, chattels and effects ; and if any lands, tenements, goods or chattels fhall be actually feized and taken into the poffef- Lands, Sec. feized, and perfons ilon or cuftody of the provoft marfhal by virtue of fuch writ of attachment ; and the fummoned not perfon or perfons fo fummoned as aforefaid fhall not appear at the return of fuch appearing fhall be adjudged the writ, or or before the adjournment day of the enfuing court as aforefaid, then on property of the upon his, her or their default, and no perfon then appearing and claiming the pre- ablent debtor. mifes feized as aforefaid, the fame fhall be adjudged and taken to be the property of the abfent debtor ; but if the perfon or perfons fummoned fhall appear at the Perfons appear- return of the faid writ, or within the time limited as aforefaid, and lay claim ing and putting in their claim to fuch lands or other things fo feized and attached, and upon oath, deny the fame how to a&, to belong to the abfent debtor; or that he, fhe or they hath, or have, or at the time of the ferving of the faid writ of attachment had any lands, tenements, goods, chattels, monies or effects in his, her or their poffeffion, cuftody, or power, or in truft for or belonging to the abfent debtor, and the plaintiff fhall reft fatisfied there- with, then the attachment fliall be difcharged, the plaintiff or plaintiffs paying all cofts, charges, and damages attending the faid attachment; and if the plaintiff or plaintiffs, fliall not be fatisfied, then he, (lie or they fhall be put to plead the fame, and the matter fhall be tried forthwith by a jury, or at fuch other court or time as fhall be appointed by the court, and the party againft whom judgment fhall be given, fliall pay to the party prevailing fuch reafonable cofts and charges as fliall be allowed by the court ; Provided always, That the adjournment day of each general court of Provifo. pleas fliall not be more than twenty nor lefs than ten days after each general court.

II. And be it further .enacled> That the plaintiff or plaintiffs in every writ of at- Declaration vyhen filed, a tachment fhall file his, her, or their declaration thereon at the adjournment day of ropythereofand the court immediately enfuing the return thereof, unlefs a reafonable caufe can he rule to plead, on whom and fliewn to the court for a longer time, and fliall ferve the wife or attorney of the how ferved. abfent debtor (if in the faid province) with a copy of the declaration, and of a rule for pleading thereto, within fuch time as the faid court fhall appoint, not exceeding one year and a day ; and in cafe fuch abfent debtor fhall have no wife or attorney in the province, a copy. of the rule to plead fhall be publifhed then, and at the end of every three months, during the faid year and a day, in the gazette, or for want of fuch fhall be affixed on the faid watch houfe, vendue houfe, or exchange ; and if fuch abfent debtor or debtors fhall not appear, and make his, her or their defence Abfent debtors appearing, within the year and a day from the time of affiling the plaintiff's declaration as not final judgment, aforefaid, then final and abfolute judgment fliall be forthwith given for the plaintiff in after a year and day. fuch attachment, his, her or their debt being firft legally proved as. aforefaid, Provid- Provifo, ed always, That in all cafes where the writ of enquiry of damages fhall be neceffary, it fliall be, lawful for the plaintiff to fign his interlocutory judgment at the return day of 7d DIGEST OF THE

A. D. 1761. of the court next preceding the determination of the faid year and a day, and to No - 74- execute his writ of enquiry accordingly, but not to fign final judgment 'till after the expiration of the faid year and a day as aforefaid.

III# ^nd he '* ltrther ena8ed That where any monies, goods, EffWts attached f y chattels, debts, to be delivered or books of account fhall be attached as aforefaid, the fame (hall, on the plaintiff's E declaration being affiled as aforefaid, on giving bond be immediately delivered into the hands and with fufficieni cuilody of the plaintiff, an inventory thereof being firft taken, and the fame appraif- l cffie Sic? ed by two or more perfons to be appointed by the court for this purpofe, and prior to the delivery, fuch plaintiff or plaintiffs fhall enter into a recognizance with fufficient fureties in double the value of the goods and effects attached, to profecute his, her or their fuit with effect, and that the monies and the appraifed value of the goods, with the debts and books of account attached and feized fhall be forthcoming in cafe fuch abfent debtor fhall appear within a year and a day, and difcharge him or

~~herfelf of the plaintiff's demands ; and that if the abfent debtor fhall not appear as aforefaid, then that he, fhe, 'or they fhall and will render and deliver into the hands~~

and cuftody of the prothonotary or clerk of the faid court, the refidue of all fuch monies, goods, chattels, and debts, with the books of account feized and attached after payment and fatisfaction of the debt and damages by him, her, or them recovered by judgment of the faid court; which faid monies, goods, chattels, and premifes fhall be and remain as the eflate and effects of the abfent debtor, fubject to the order of the faid court.

Sales not to af- thelefs the right of all and every other perfon and perfons whatfoever lawfully claiming fc erthelefs, and to prevent any clandeftine conveyance being made by perfons in prejudice of their creditors, who fhall afterwards abfent them-

Conveyancesby felves and leave this provice, Be it enaBed, That all and every conveyance and con- perfons leaving veyances of any lands, tenements or hereditaments that fhall or may hereafter be debt without' made by any perfon or perfons whatfoever who fhall abfent him, her or themfelves notice, declared from and quit this province without giving the notice required in this act, and which fhall not be regiftered in the fecretary's office, at lead one month before fuch abfent

debtor fhall withdraw himfelf, fhall be void, ' Provided alfo, That in cafe any writ or claim of dower fhall be brought and profecuted for any lands or tenements which fhall LAWS OF GEORGIA. 7* fhall of may hereafter be feized and fold by virtue of this a£t, and judgment of dower A. D. 1761, No fhall be obtained thereon, the property in fuch lands, tenements, or hereditaments, - 74* ?-'£ nt of dower fhall neverthelefs remain whole and undivided in the purchafer or poffeffor thereof, , r l * in ianas lolaun- he or they paying unco the plaintiff or claimant in fuch fuit of dower, a fum equal to der attachment ttled one-third part of the fum of money for which fuch lands, tenements, and hetedita- '8W^ ; ments fhall have been fold by the provoft marfhal as aforefaid, and no more ; and fuch fum being fo paid fhall forever acquit and difcharge fuch lands, tenements and hereditaments from all right, title, claim and demand of dower whatfoever. VI. Provided always, and be it enacted, That no lands, tenements, or real efface of Real eftate fuch abfent debtor fo attached, fliall be fold, unlefs where there fhall be no goods or un leTs the ner- r " nal tfft^s f £ chattels or other perfonal effects of fuch abfent debtor, or not fufikient to fatisfy the ' i'iiri-1 n abfent debtor debt and damages for which judgment fhall be recovered as aforeiaid. infuEcient.

VII. And be it further enabled, That after fale made of any lands or tenements by Monies arififig f ™ virtue of this act, the provoft marfhal fhall immediately pay into court the money j™'^ i^ b _ arifing by fuch fale, fubjec~t to the order of court, and .the court, after payment and jecT to order of ~ our fatisfaction of the debt and damages recovered, with the cofts and charges attending " the fame, fhall order the refidue of fuch money fpeedily to be paid to fuch abfent debtor, to his heirs, executors, adminiflrators or affigns. .

VIII. And be it further enabled, That the plaintiff or plaintiffs in fuch attachment, to Plaintiff in at- whom any bonds, notes, or books of account, fliall be delivered as aforefaid, fliall have p0V,)™ed toTiie full power and authority to fue for, recover and receive the monies due thereon, in on bonds, &c. the name of the abfent debtor, and on payment thereof, or of any part, to give receipts him. for the fame as due to the abfent debtor, and every fuch receipt fhall be a full and abfolute difcharge to the perfon or perfons making fuch payment, againft fuch abfent debtor, for the fum or fums mentioned in fuch receipt, as fully and abfolutely, to all intents and purpofes, as if done and given by fuch abfent debtor himfelf.

IX. And be it further enacted. That in cafe, the abfent debtor, whofe eflate and ef- if eftateand effects fhall be fo attached in the hands of any perfon or perfons, is, and fhall be really e a in the hands indebted to fuch perfon or perfons in whofe hands fuch eftate and effects fhall be at- of a creditor, tached, then fuch perfon or perfons, if his, her or their poffefficn thereof was obtain- ^ebts fhall be

flrft uld * ed legally and without fraud (and not otherwife) fhall be firft allowed his, her or their P own debt, he, fhe or they forthwith affiJinghis, her or their declaration, and in every other refpect proceeding as if he, fhe. or they were plaintiff or plaintiffs in the attach-

~~' ment.~~

~~X. And be it further enabled, That in cafe any flaves, horfes or cattle fliall beat- Slaves, &c, or~~

• periihable goods ij -nil- c r ' 1 1 r 1 v tached, or any peruhahle goods, as aforefaid, the faid court may, on application may be fold by order thereto made, grant an order for the fale of fuch fjaves, horfes, cattle, or periihable of court, goods, as aforefaid,. the. provoft .marfhal, by whom the fame fhall be fold, firft giving twenty-one days notice of fuch fale, by advertifement at the watch houfe or vendue houfe in Savannah, and at fome frequented place in the' parifh where fuch attachment has been made, and the money arifing from fuch fale fhall be immediately paid into the .court, or to the plaintiff or plaintiffs, he, fhe or they giving fufficient fecurity to return the fame, in cafe he, fhe or they fhall.not obtain judgment againft the abfent debtor. XT. 72 DIGEST OF THE

A- D. 1761. XL Provided ahvaysy and be it enaFred, That if at any time within the year and a No. 74 day, to be allowed as aforefaid for the abfent debtor's appearing and pleading to the Attachment plaintiff's action, any perfon appearing for fuch abfent debtor, fnall give bail to an- may be discharged by ap- fwer the aftion, and pay the condemnation, that then, and in that cafe, the attach- pearance of ai'y ment (hall be diffolved, and the lands, tenements, goods, chattels, debts and books of perfon for il;e debtor and put- account fo attached and feized, fhall be forthwith difcharged, paid and delivered to ting in bail. the perfon or perfons appearing and giving bail as aforefaid, and fuch perfon and his

~~fecuricy fhall be obliged and liable to fatisfy and pay all fuch fum and fums of money as the plaintiff or plaintiff's in the attachment fhall recover thereon againft the abfent~~

~~debtor, together with all coft and charges, as fhall be taxed by the court.~~

Debtor appear- XII. And be it further enacled, That in cafe any abfent perfon, againft whom an ing within two an attachment . fhall be iffued by virtue of this aft, fhall appear within two years, years and dif- provingdebt re- and difprove the debt which fhall have been recovered againft him, he fhall recover covered againft againft the plaintiff in the the full for his unjuft vexation, with him how reme- attatchment damages died. treble cofts of fuit.

What notice XIII. Provided ahvays, and be it further enabled, That where any perfon being fufRcient to a- about to depart this void attach- province, fhall, thirty days before his departure, give notice by ment. entering his name in the fecretary's office, and by advertifement in the gazette, or in cafe of no gazette, at fome noted place in the parifh where fuch perfon mail refide, and the watch houfe or vendue houfe in Savannah of his intended departure, and that he is ready to anfwer any fuit that fhall be brought againft him, and in the mean time fhall be always ready to give bail to any writ or fummons that fhall be iffued

againft him ; and in every. fuch cafe the perfon or perfons neglefting or refuting to commence his, her or their fuit, whilft the party to defend fhall be prefent, and offering to anfwer the fame as aforefaid, fhall not have any benefit by this aft, nor fhall attach the abfent party's eftate or effefts for any matter or caufe of aftion whatfoever, arifing from fuch notice given as aforefaid.

Death of abfent XIV. Provided ahvays^ and it is hereby enabled, That in cafe fuch abfent debtor debtor ftiall not fhall happen to die at any time after fuing out of fuch writ of attachment, and before abate attach- jnenc. final judgment fhall be had and given therein, as aforefaid, fuch writ fhall not abate, or proceedings thereon be ftaid, unlefs the heir, executor or adminiftrator of fuch abfent debtor fhall affile bail to anfwer the plaintff's aftion, and pay the coft

~~of fuch attachment ; and that all and every judgment fo to be had and given as aforefaid, upon any attachment fued out and ferved in the life time of any abfent debtor~~

~~who fhall happen to die before fuch judgment given, fhall be good and valid, to all intents and purpofes, as if fuch abfent debtor was then living.~~

~~The reji requiring promojl marfhal to give bond andfecurity,.—Obfolete, GREY ELLIOTT, Speaker. JAMES HABERSHAM, Prefdent.~~

~~James Wright. - -~ •~~

~~June 9, 1 761.~~

~~An LAWS OF GEORGIA. 73~~

~~An ABfor raifing and granting to his majejly the furn of £1160 15, and applying the A. D. 1761. N 1$' the treafurer ; and the further fum of £9% 9 2t, being arrears due from the feveral~~

~~collectors to be paid unto the aid treafurer amounting together to the I J , fum of£ 1 3 7 3 I 7~~

ferling, to defray the charges of holding the courts of oyer and terminer', andfome other expences of government*

~~June 9.~~

~~Obfolete.~~

An Atl for raifing and granting to his majefl'y the fum of £\%o to repair the light houfe No. *6. laying on negroes that been above in of Tybee ifandy and for a duty have fx months any of the iflands or colonies in America^ and importedfor fale into this province,

~~June 9.~~

~~Obfolete..~~

~~An Atl to continue feveral acts for regulating the militia in the province of Georgia. No. 7;,~~

~~June 9.~~

~~Obfolete.~~

~~An Ac~i for amending an acJ, entitled " An atl: for the better regit- No, ?s. lating the tonvn of Savannah, and for afcertaining the common thereunto belonging"~~

WHEREAS, by an aft of affembly, paffed the firft day of May, in the year of Preamble; our Lord one thoufand feven hundred and fixty, entitled " An aft for the better regulating the town of Savannah, and for afcertaining the common threunto belonging," the lots heretofore allotted for the ufe of the public, and on feveral of which buildings have been erefted, were not afcertained, whereby the inhabitants of Savannah may be deprived of the benefits intended them by fuch allotments, and unneceffary difputes and fuits at lav/ may arife for want of fuch lots being afcertained,

He it therefore enabled^ That the feveral lots herein after mentioned, and particularly Ena&ed; defcribed in the plan of the town of Savannah in the furveyor-general's office of this L ots j iere j n province, and to which reference may be had, fhall be and continue for the ufes mentioned ap- this and purpofes to which by aft they are respectively appropriated, and fhall not be certain ufes. aliened or granted away to or for any other ufe or purpofe whatever, unlefs by aft of the general affembly, that is to fay, the lot D, whereon the church now Hands, as alfo the lot E, whereon the parfonage houfe now (lands, fhall be and continue for the ufes and purpofes to which they are refpeftively appropriated and allotted, in and K, by ?a DIGEST OF THE

A. D. 1761. by an ac-t, entitled, "An ac~f. for conftituting and dividing the feveral diftriels and divi- No. 78. fions of this province into parifhes, and for eflablifhing religious worfhip therein according to the rites and ceremonies of the church of England, and alfo for empowering the church-wardens and veftrymen of the refpettive parifhes to affefs rates for the repair of churches, the relief of the poor, and other parochial charges ;" G, whereon a pr'Ton formerly Hood, {hall be and continue for the ufe and purpofe of a public goal

~~or pvifon, and for the ufe of the keeper of the fame ;. the lot H, whereon the court- houfe now Hands, fhall be and continue for the ufe and purpofe of a court-houfe for~~

~~this province ; the lot S, whereon the filature now ftands, (hall he and continue for~~

~~the ufe of a public filature 5 the lot V, whereon the State houfe now ftands, (hall be~~

and continue for the ufe and purpofe of a State houfe for this province ; as alfo the water lots at the end of every ftreet, alfo fixteen acres of land laid out for the ufe of the public joining the common of the faid town, and known by the name of the Spring, fhall be held, deemed, and reputed, as public lots and land, and referved for the ufe of the public only. II. Eflablifhes the plan of the town— Re-vifed, and re-enatled with alterations of the common ly acls of 1762, No. 89— 1766, No. 149—1770, No. 198. III. * Regulating the town— Vefled in the corporation by ail of 1789, No. 430. GREY ELLIOTT, Speaker. JAMES HABERSHAM. James "Wright.

~~June 9, 1-761.~~

* Repealed by ai5l of 1787, No. 367.

~~to his majejly the Jlerling erecllng No. 79. An ABfor raifing and granting fum of £440 for a~~

fort and battery on the ijland of Cock/pur in the river Savannah , and the fum of £100 Jlerling for erecting a look-out and battery on Midway river, andfor empowering com' miffioners to ijfue certificates for the faidfunis, and forfinking the fame by a tax often Jhillings ferling on every £100 value ef deerfkins and beaverJkins exportedfrom, or

~~taken or carried out of this province to any part of his majefys dominions , except to Great Britain only.~~

~~December 19.~~

~~Obfolete.~~

~~No. §0. An Actfor creeling a fort and battery on the ifand of Cockfpur in the river Savannah, and a look-out and battery on Midway river.~~

~~December 19.~~

~~Obfolete. , .~~

~~No. 8u An ordinancefor appointing the honorable William Knox, Efquire, agent affijlant tofolicit the affairs of this province in Great Britain.~~

~~February 19, 1762.~~

~~Obfolete. Aft LAWS OF GEORGIA. 75~~

~~An AB for regulating the pilotage of veffels into the feveral ports of A. D. 176a.~~

No 8:s - this province.* *

FORASMUCH as it is highly neceffary for the fafety of all fliips and veffels bound Preamble. inward to, and outward from the feveral ports of this province, that there fhould be a fufScient number of fkilful and able pilots conftituted and appointed for the bringing in and carrying out the fame ; for the more expeditious and effectual performing of which, Be it enacted, That the feveral perfons herein after named be Enabled commiffioners for regulating of pilots and pilotage herein after mentioned, viz. for the bar of 'Tybe'e and river of Savannah, and for the feveral bars and inlets lying to the northward of St. Catharine's bar, the honorable Lewis Johnfon, Efquire, John Commiffioners

a onued - Graham, James Read, Alexander Wylly, William Ruffeil, and John Morell, Efquires, FP and James Graham ; and for the bar of St. Catharine and river Midway, and for the feveral bars and inlets to the fouthward of St. Catharine's bar, Francis Arthur and James Fifher, Efquires, James Maxwell, fenior, John Simpfon, William Swinton,. John Dunbar, and Samuel Miller, five of each refpectively are hereby declared to be a quorum, and who are hereby empowered to recommend fuch pera^n or perfons. to be appointed and licenfed by the governor or commander in chief for the time being, as they mail think to be the moft fit and complete to act as pilots for the conducting of veffels inward to, and outward from, the feveral ports for which they

(hall be licenfed, during their good behaviour feveraily and refpectively % and if there fhall happen to be a deficiency of the faid number of feven commiffioners refpeclive- Deficiency of X1'"^iier of ly, by death or departure out of this province, the furviving or remaining number, - in fuch cafe, (hall apply to the governor or commander in chief for the time being, how to be &r»- p !C * who is hereby empowered to appoint a new commiffioner or commiffioners, to fill any vacancy that fhall fo happen, and fo from time to time, and at all times hereafter, wdienfoever there fhall be a deficiency of the faid number of feven commiffioners, which new commiffioners, to be appointed in manner aforefaid, fhall, from time to time, and at all times hereafter, have the fame power, privileges and authorities with the commiffioners herein before particularly named, to all intents and purpofes whatfoever.

II, And be it further enacted by the authority aforefaid, That from and after the No anlicenfed °n to as paffing of this act, no perfon fhall be entitled to receive any fee, gratuity or reward, Pf, for the conducting or piloting any mercantile or trading veffels inwards to, or outwards from, any of the ports or harbors for which a pilot fhall be licenfed, unlefs fuch perfon has a licenfefor being a pilot, from the governor or commander in chief for the time being, as aforefaid, any law, cuftom, or ufage to the contrary notwithftanding..

~~III. And be it further enabled by the authority aforefaid, That every pilot or pilots, Licenfed pilots tu lv ^ a?° warranted or-~~

* By act of Congrefs paffed Auguft 7, 1789, all pilots are to be regulattd by the laws of the refpedrive- States till Congrefs makes further proviiicn. 7 5 DIGES T OY THE

A. D> 1762, hundred pounds iterling, to his majefty and Ins fuccefibrs, for the due execution of No. 82. their office, and Avail take and fubicribe the following oath, to be tendered by the faid commiffioners, or any quorum of them for the time being, before the faid pilot or

Pilot's oath. pilots fhall be entitled to receive any fee or reward in that capacity, viz. I A. B. pilot the port — appointed for and harbor of , do folemnly and Sincerely, fwear, that I will well and faithfully execute and difcharge the bufinefs and duty of a pilot,

in the faid port and harbor of , according to the belt of my fkill and knowledge, and that I will, at all times, (wind and weather and health permitting) ufe my bait endeavors to repair on board all Ships and veflels that L fhall conceive to be bound into, of the for, coming or going out faid port or harbor of \ ; and do further fwear, that I will, from time to time, make the belt difpatch in my power to carry

~~fafely out, or bring over the bar of , every Ship or vefTel committed to my care, and that I will, from time to time, truely obferve, fulfil and follow, to the~~

bell of my ikill, ability and knowledge, all fuch orders as I Shall from time to time receive from the governor or commander in chief for the time being, or from the commiffioners, or the major part of them, by the confenr, direction, and approba-

~~tion of the governor or commander in chief for the time being, in all matters and things relating to the bufinefs of a pilot.~~

~~Pilot to make IV. And be it further enacted by the authority afore/aid. That if any ftup or vefTel~~

whatsoever, or the cargo and freight therein contained, fiiall happen to receive mstaes and tofa any any veffei may damage, or mifcarry, or be loft, through the neglect, infufficiency, or default of or

" after pilot his neslefi. m anv OI tne pilots for any of the faid harbors, fuch takes charge of the fame, the faid pilot fliall, in fuch cafe, on conviction thereof in any court of record in this province, be obliged to anfwer and make good to the fufFerer or fufFerers, or to the mafter of any fuch fhip or vefTel, all and every the damages and lofles which he or they fhall fuftain through the faid pilots neglect, infufficiency or default, in any manner or wife whatfoever.

All tUfputes be- V. And be it further enabled^ by the authority aforefaid, That in cafe any difpute, t eeu 1 £ jrf i complaint or difference, fhall happen to arife, or be made againft or between any maf- pilots to be deter or pilot, for, of, or concerning the pilotage of any fhip or vefTel, or any other ^ matter incident or relative to the bufinefs or care of a pilot, in any of the faid har- eommiffioiiers bors, all fuch difputes, complaints and differences, are hereby ordered to be heard and determined by the commiffioners appointed for the care of the pilotage where

~~fuch difpute fiiall happen, who, by their decree, arbitrament or order, fhall and may lawfully decide, adjuft and regulate, every fuch difpute, complaint or differ-~~

ATafters of vef- ence 5 and if either of the faid parties, mafter or pilot, fiiall refufe to abide by, fulfil, P or perform the decree, order, or other adjudication of the faid commiffioners who j'ufine to°fiiifii the decree of fh an hear and determine the fame, the party fo refufing fhall be Subject to the penal- Sterling, crs liable to a ty of any fum not exceeding twenty pounds as the faid commiffioners fhall penalty of .£20. think proper to adjudge, to be levied by warrant of diftrefs, under the hand and feal of the faid commiffioners, or any five of them, againft the goods and chattels of the party fo refufing, and if he has no vifible goods or chattels, then an attachment fhall go in like manner, under the hands and feals of the faid commiffioners, againft the perfon LAWS OF GEORGIA. 77

~~perfon of the party fo refufmg, who is thereby to be kept in prifon, without bail or A. D. 1762.~~

mainprize, until he make full fatisfaction for the faid penalty, which, when paid or No. 2>. ' levied, the commifiioners are hereby required to apply towards f.he fund for keeping Forfeitures how t0 e aPl° '" ' in repair the light houfe on Tybee iiland ; but if fuch forfeiture fhall happen at Mid- way, then, and in that cafe, fuch forfeiture fhall be paid to the commiiTioners appointed to erect a look-out and battery on Midway river, andfbali be applied to the keeping in repairs the faid look-out and battery.

^''^s fo«nd in.- VI. And be it further enaBed by the authority aforefaid, That if any of the pilots for CcipdbiC or nee" - the ports aforefaid, for the time being, fhall be found not fufliciently fkilled, or flvall iigejat to be

~~fuf ded « become incapable of acting, or fhall be negligent or mifbehave in his duty, then, and ?^~~

in fuch cafe, the commiffioners for the port or harbor for which fuch pilot is licenfed, fhall apply to the governor or commander in chief, to annul and revoke the warrant or licenfe of every fuch incapacitated or offending pilot, who fhall thenceforth be totally fufpended, and deemed incapable to receive and take any fee, gratuity or reward, for the guiding or piloting of any fliips or veffels, inward to, or outward

from, any of the faid ports ; and that a fufficient number of ikilful pilots may not be °X for the fervice the faid ports and harbors, // is hereby wanting at any time, of ordered furpenfioiTof and required, That upon the death or fufpenfion ©f any of the faid pilots, the com- pilots, commif-

~~miffioners fhall apply to the governor or commander in chief for the time being, to ^th^ovel-nor iffue a new warrant or licenfe to fome other perfon, whom he fhall think proper to for a warrant~~

,-,, , forfillinarup the fill up the vacancy. vacancy, it the authority VII. And be further enaBed by aforefaid, That any perfon, mafler or Matters ofvef. commander, that (hall bring any fhip or veffel to any of the bars or the coaft of any of fehJmnging in

the faid harbors, and fhall refufe to receive on board any warranted or licenfed pilot and refuting' to commander, fo refufing and afterwards bringing l ce a liccn ecl the faid perfon, mafter or in the ^ / faid fhip or veffel into any of the ports aforefaid, fhall, and is hereby made liable to entitled' to the am e r a tes as lf pilot firft offering to come board fuch fhip or veffel, without the bar, to the on take f . , , , he had brought t 1 r •, 1 r 1 1 1 • r • charge thereof as pilot, the lame rates, dues and payments as are hereinafter particu- her in. larly expreffed and provided, and to be paid in the fame manner as if the faid pilot had actually piloted the fame fhip or veffel into any of the faid ports or harbors.

VIII. And be it further enaBed by the authority aforefaid, That the mafter or com- Rates f p jjot„ mander of any fhip or veffel, for the confideration of the pilotage of the faid fhip or age » veffel inward to, or outward from, any of the ports or harbors aforefaid, fhall pay unto the licenfed pilot that fhall take charge of the fame, the feveral funis of money, rates and prices, as in the following table are appointed, as full and ample fatisfaclion unto the faid pilot for his care and charge in the bringing in or carrying out every fuch fhip or veffel, according to the draught of water of the faid veffel at the-time of the faid pilotage.

~~£' s, d. For fix feet of water, inwards or outwards, - - - on o Seven feet, dittp or ditto, - - - - o 15 o~~

~~Eight feet, ditto or ditto, - - — o 1 3 o Nine feet, ditto or ditto, - - - - I 2 O Ten 7 8 DIGEST OF THE~~

A. D. 1762. & J-. d. No. 83. - - - For ten feet of water inward or outward,- 5 o Eleven feet, ditto or ditto, 9 o Twelve feet, ditto or ditto, x 5 o Twelve feet and half, ditto or ditto, o o Thirteen feet, ditto ditto, or 5 o Thirteen feet and half, ditto or ditto, 10 o Fourteen feet, ditto or ditto, 17 o

Fourteen feet and half, ditto or ditto, 3 o Fifteen feet, ditto or ditto, so o ; Sixteen feet, ditto or ditto, o o Seventeen feet, ditto or ditto, 10 o Mailers ofvef- IX. And, as far as may be, to prevent and difcourage pilots from neglecting their i'els coming over the bars duty, Be it further enabled, and it is hereby enacted, by the authority afore/aid, That if when no pilots the mafter or commander of any fhip or veflel, coming in, or bound to, any of the have been out, co pay only half ports or harbors in this province, to whom no licenfed pilot has offered his fervice tecs. at the outfide of the bar, fhall bring his fhip or veflel in over any of the bars of the fame, then, and in fuch cafe, fuch mailer or commander mall not be liable to pay more than one moiety, or half of the rate or fare before mentioned, for the pilotage

~~of his veflel, which fhall be deemed, and is hereby declared to be a fufheient reward and gratuity to any fuch licenfed pilot, for conducting the faid veflel up any of the~~

~~rivers aforefaid, to the town or place where fuch fhip or veflel is bound to unlade.~~

Pilots refufing X. And be it further enabled by the authority aforefaid, That after any fhip or veflel to carry out any is laden, and ready to depart from any of the ports or harbors aforefaid, and the veflel, after notice given them mafter or commander thereof fhall fignify to the licenfed pilot for the port or har- by the matter, bor, his defire to depart with his faid veflel, the faid pilot neglecting or refufing to to forfeit one half of their conduct the faid veflel away, with the utmoft difpatch in his power, fhall, for fuch fees. neglect: and refufal, forfeit his right, title, claim, and demand in and to one moiety

~~or half of the rate or fare fuch mafter or commander would be otherwife fubject to- pay for the pilotage of his faid veflel, any thing in this act contained to the contrary notwithftanding.~~

Perfons becom- XI. And be it further enabled by the authority aforefaid, That the perfon or perfons ing fecurity for who fhall be fecurity in the fecretary's office of this province, for any fhip or veflel, m afters of vef- iels liable to pay fhall be liable to pay to the pilot or pilots, feverally and reflectively, the money the pilots fees. due to him or them for the pilotage of fuch fhip or veflel outward or inward, as

~~the fame fhall happen to be due ; and that it fhall and may be lawful to and for the~~

~~faid pilot or pilots to recover the fame in fuch manner as is provided by an act of this province, for the more eafy and fpeedy recovery of fmall debts and damages.~~

it enabled- by the authority all every pilot, Pilots to fee XII And be further aforefaid, That and in every vefftl any of the harbors aforefaid, when he has brought any fhip or veflel to anchor in moored as the is siafter de fires. any of the aforefaid harbors, fhall, and hereby directed and required to moor fuch fhip or«veflel, or to give proper advice and direction for the mooring of the fame, and for their fafe riding at fuch moorings, if thereunto required by the mafter or commander of fuch fhip or vefkl. XIIT. 4

~~LAWS OF GEORGIA. 79~~

XIII. And whereas^xvps or other veffels coming on the coaft and bound to lbme port A.D. 1762. No. 82. ofthis province are often at a lofs to know exactly where they are, for the encouraging of fuch perfons to repair on board of them, mould they make a fignal for that purpofe, Be Suns required to be paid by it enacted by the authority aforefaid> That if any mafter of a velTel fhall take any in func- mafters of veftion, or be afcertained of the fpot his veffel is in by any white perfon repairing on fels to any white perfon acting a* above, the faid mafter is hereby liable to pay to fuch perfon the fum board as made herein menti- of twenty ihillings, and if he fhall be required to continue on board fuch veflel, he oned. fhall, over and above the faid fum, be paid twenty (hillings for each of the two fir ft days, and five ihillings for every day after that he fhall remain on board, to be recovered in the fame way as fees for pilotage, from the mafter or his fecurity, as is herein before appointed ; Provided he apply for the fame before the fhip or veffel de- Frovifo. parts the province, but not afterwards. XIV. * And whereas many fmall veffels are employed in the coafting bufinefs from Coafting veffels to pay no pi- this to the neighbouring province, the mafters and commanders of which are, in lotage unlefs the general, well acquainted with the feveral bars and harbors of this province, and ftand mafter requires the affiftance of in no need of the affiftance of licenfed pilots, Be it further enacted by the authority a pilot. afore/aid, That no veffel that now is, or fhall hereafter, during the continuance of this act, be eftablifhed and fixed in the coafting trade from this to the neighbouring province, or from one part to another of this province, fhall be liable to pay any pilotage or charge to any licenfed pilot, unlefs the mafter or commander of fuch coafting veffel fhall require the fame licenfed pilot to conduct his faid veffel into, or out from, any of the ports or harbors aforefaid, in which cafe the faid mafter fhall be liable to pay the fame fees and rates of pilotage as is herein before directed. XV. And be it further enacled> That this act fhall continue and be in force until the firft day of January next, and from thence to the end of the then next fefnon of affembly.f LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prefdent. James Wright. March 4, 1762.

* Altered by adt 01178S, No. 393. f Made perpetual by act of 1783, No. 279,

~~Aft to oblige majlers An of veffels, fupercargoesy and other tranfient perfons importing No, 83. goods and merchandize into this province to pay tax for the fame. March 4.~~

~~Obfolete. — This power is vejled in the general government by fed. conjlitution.~~

An Atl explaining " forfurther and amending an acly entitled, An acl to empower the No. 84. feveralfurveyors therein after named to lay out public roads in the province of Georgia" and to fink wells in the town of Savannah, March 4. Obfolete. Sin —

~~8o. DIGEST OF THE~~

~~A. D. 1762. An Acl to explain and amend an acl, entitled "An at! for the more eafy andfpeedy reco- No. 85, very of fmall debts and damages? March 4.~~

~~Repealed by ail of 1789, No. 42 1.~~

~~Nq. 86.' An Aclfor making provifon for printing the laws of this province, andfor encouraging a printer tofet up a printing prefs in thefame.~~

~~March 4.~~

~~Obfolete.~~

No. 87. An Aclfor granting to his majejly thefum of £l*2l 5 Jlerling for the ufe andfupport of the government of Georgia for the year 1762, to be raifed at certain rates as therein mentioned, andfor the more ejfeelual collecling of arrears.

~~March 4.~~

~~Obfolete.~~

~~No. 88. An AH for preventing and punifhing vice, profanenefs and immorality, andfor keeping holy the Lord's day, commonly called Sunday.~~

Preamble. °^H[ 7"HERE AS there is nothing more acceptable to God than the true and fincere ^j^j worfhip and fervice of him, according to his holy will, and that the keeping holy the Lord's day is a principal part of the true fervice of God, which in this

~~province is too much neglected by many. I. Compelling all perfons to attend places of public worfhip—repugnant to the form of our government. See note, page 52.~~

~~Perfons work* H- -And be it further enacted, That no tradefman, artificer, workman, laborer, or ing on Sunday ther perfon whatfoever, fhall do or exercife any worldly labor, bufinefs, or work of~~

~~their ordinary callings, upon the Lord's day, or any part thereof (works of neceffity -or charity only excepted) and that every perfon being of the age of fifteen years or up-~~

~~wards, offending in the premifes, fhall, for every fuch offence, forfeit the fum of te,n~~

~~millings ; and that no perfon or perfons whatfoever, fhall publicly cry, fhew forth,~~

No goods to be or expofe to- falc, any wares, merchandizes, fruit, herbs, goods or chattels. whatfo- foldon that day. eve r, upon the Lord's day, or any part thereof, upon pain that every perfon fo offending, fhall forfeit the fame goods fo cried or fhewed forth, or expofed to fale, or pay ten millings. III. Prohibiting perfons from travelling by land or water on Sunday.' Obfolete..

Hunting, fhoot- IV. And be it further enabled, That no public fports, or paftimes, as bear baiting, C rbld " " bull baiting, football, playing, horfe racing, (hooting, hunting or fifhing, interludes pfn«n ?/" plays whatfoever, fhall be or common ? or other games, exercifes, fports, or paftimes ufed LAWS OF GEORGIA. 81

ufed on the Lord's day, by any perfon or perfons whatfoever, and that all and every A. D. 176a. perfon and perfons offending in any of the premifes, fhall forfeit for every fuch offence, No. 83. the fum of five (hillings flerling.

V. And be it further enaciedy That no vintner, innholder, or other perfon, keeping Public houfes not to be kept any public houfe of entertainment, fhall entertain or fuffer any perfon or perfons, openonSunday,

(except ftrangers or lodgers) in fuch houfes or out-houfes to abide or remain ; nor fhall they fuffer any perfon or perfons whatfoever, in their faid houfes, out-houfes, yards, orchards, or fields, to abide, remain drinking, or in any manner idly fpending their time on the Lord's day, upon the pains and penalties of five {hillings for every perfon offending, payable by themfelves refpedtively that fhall be found fo drinking or abiding in any fuch public houfe, or dependencies thereof as aforefaid, and the like fum of five fhillings to be paid by the keeper of fuch houfe, for every perfon en- tertained by them.

VI. And, for the better keeping of good orders on the Lord's day, Be it ena&ed, Conftables, &c. to infpedr. pub- That the church-wardens and conflables of each parifh refpectively, or any one or lic or tippling more of them, fhall, once in the forenoon, and once in the afternoon, in the time houfes on that day ; of divine fervice, walk through the town of Savannah, and the refpective towns of this

province, to obferve, fupprefs and apprehend, all offenders whatfoever, contrary to the true intent and meaning of this act, and they fhall have power, and are hereby authorifed and empowered, to enter into any public houfe or tippling houfe, to fearch for any. fuch offenders, and in cafe they are denied entrance, fhall have power, and and to ufe force if denied en- authorifed. and to to are hereby empowered break open, or caufe be broke open, any trance. of the doors of the faid houfe and enter therein, "and all perfons whatfoever are ftrictly commanded and required to be aiding and affifting to any conftables or other officers, in their execution of this act, on the penalty of ten fhillings flerling, for every refufal.

VIII. And be it further enacled, That for the better execution of all and every the Juitices to apprehend offen- foregoing orders, every juftice of the peace within his county or parifh, fhall have ders and ftize power and authority to convene before him any perfon or perfons whatfoever, who their goods. lhall offend in any of the particulars before mentioned, and upon his own view or confeffion of the party, or proof of any one or more witneffes, upon oath, which the faid juftice^s are by this act authorifed to adminifter, the faid juftice or juflices fhall

give a warrant under his or their hand and feal, to the conftables or church-wardens, or either or any of them, of the parifh or parifhes where fuch offence fhall be committed, to feize the faid goods, cried, fhewed. forth, or put to fale, as aforefaid, and

~~to fell the fame ; and as to the other penalties and forfeitures, to impofe the fine and penalty for the fame, and to levy the faid forfeitures and penalties, by way of dif-~~

trefs, and fale of goods, of every fuch offender, returning the overplus (if any there be) after reafonable charges allowed for the diftrefs and fale, and in cafe of default of fuch diftrefs, or in cafe of infufficiency, or inability of the offender, to pay the faid forfeiture or penalties, that then the party offending, be fet publicly in the

~~flocks for the fpace of two hours, and all and fingular the forfeitures or penalties L aforefaid Q 2 .DIGEST OF THE~~

~~A. D. 1762. aforefaid fhall be employed and converted to the ufe of the poor of the parifh where No. 88. the fald offences (hall be committed, and to be delivered into the hands of the church-~~

wardens or overfeers of the poor for that end, faving only, that it fhall and may be lawful to and for any fuch juftice or juflices, out of the faid forfeitures or penalties, to reward any perfon or perfons that fhall inform of any offence againft this act, according to his or their difcretion, fo as fuch reward exceed not the third part of the

Provifo- forfeitures or penalties : Provided, That nothing in this act contained fhall extend to the prohibiting of dreffmg of meat in families, or dreffing or felling of meat in inns, victualling houfes, or other public houfes, for fuch as cannot be otherwife

~~provided, nor to the buying or felling of milk and fifh, before nine of the clock in~~

Provifo. the morning, and milk after four of the clock in the afternoon : Provided alfo, That no perfon or perfons (hall be impeached, profecuted, or molefted, for any offence before mentioned in this act, unlefs he or they be profecuted for the fame within ten days after the offence committed.

Writs, warrants VIlI. And be it further enacted, That no perfon or perfons, upon the Lord's day, ^ia f£rve or execute, or executed on the ^ caufe to be ferved or executed, any writ, procefs, warrant, Lord's day, ex- order, judgment, or decree, except in cafes of treafon, felony, or breach of the

matters. peace, but that the fervice of every fuch writ, procefs, warrant, order, judgment, or decree, (hall be void to all intents and purpofes whatfbever, and the perfon or perfons fo ferving and executing the fame, fhall be liable to the fuit of the party aggrieved, and to anfwer damages to him for the doing thereof, as if he or they had done the fame without any writ, procefs, warrant, order, judgment, or decree at

Perfons ferved all, and in cafe any perfon or perfons fhall be imprifoned, or detained in cuftody, an procefs, warrant, order, judgment, or decree, fo ferved or executed on' Sunday to ^y y writ > be dilcharged, upon the Lord's day, upon motion or petition made to the chief juftice, or any one

of the affiftant juftices for the time being, it fhall be lawful for the chief juftice, or affiftant juftice or juftices, and he or they are hereby authorifed and required immediately to order fuch perfon or perfons to be difcharged out of prifon and cuftody, and to be clear not only from fuch writ, procefs, warrant, order, judgment, or decree,

fo ferved on the Lord's day, but alfo from all and every other writs, procefs, warrant, order, judgment, or decree, ferved or executed upon any perfon during the time of the faid perfon's being imprifoned or detained upon the account of any fuch writ, .procefs, warrant, order, judgment, or decree fo ferved or executed on the Lord's day, and fuch perfons fhall be allowed by the faid chief juftice, or affiftant and allowed a : u fti ces fllch reafonable time as he or they fhall think fitting, to return to his home certain time to J / ,4 ... return home. or habitation, free from any arreft or hinderance whatfoever, in civil matters.

Adions IX. And be it further enabled, That if any action, fuit, or information, fhall be 1 commenced againft any perfon or perfons, for what he or they fhall do in purfuance perfonsP irf ^the execution of or execution of this act, fuch perfon or perfons fo fued may plead lhe general iffue not guilty) and upon iffue joined, give this act, and the fpecial matter in evidence; how they are to ( proceed. and if the plaintiff or profecutor fhall become non-fuit or fuffer difcontinuance, or if a verdict pafs againft him, the defendant or defendants fhall recover his or their treble —

~~LAWS OF GEORGIA. 83~~

A. D. 1762. treble cods, for which he or they (hall have the. like remedy, as in any cafe where No 8 cofts by law are given to the defendant. " X. Directing this act to be read four times a year by every minifter, &c. Obfolete. LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Pre/dent. James Wright. March 4, 1762.

No> 8 An Acl to enable the commiffioners appointed by an acl of the general ?- affembly of this province, entitled " An Acl for regulating the tovun of Savannah, and for afcertaining the common thereunto belonging, to alien and convey a certain portion of the faid common in exchange for other land to thefaid common adjoining"*

WHEREAS in and by an act of the fecond general aflembly of this province, Preamble. entitled an act for the better regulating the town of Savannah, and for afcertaining the common thereunto belonging, the faid common is afcertained and declared to be the common property of the lot-holders of the faid town, and not to be aliened or granted away for any purpofe whatfoever other than by act of the general aflembly : And whereas the exchanging a fmall part or the faid common confiding of about fifteen acres for four garden lots, feverally adjoining to other parts of the faid common and to become a part thereof, will not only enlarge the common of the faid town, but alfo render it more compleat and uniform, Be it therefore enacted^ That Ena&ecf, from and after the pafling of this act it fhall and may be lawful to and for the commiflioners named and appointed in and by the faid recited act of the general aflembly, Commiffioners in by any fit deed or conveyance the law, by them or any three of them, to be made po^erecTtoTx- and executed to grant, alien and convey unto his Excellency James Wright, Efquire, change fifteen for his ufe, to his their or to any perfon or perfons and and heirs and afligns forever, common for all that part of the faid town common on the fouth-eaft boundaries of the common of four garden lots the town of Savannah, adjoining the garden lots number feven, eight, thirteen and twenty acres. fourteen, extending on a direct line twenty-five chains and courfe of the garden lots to the eaftern road, and from the upper wefternmofl corner of the late truftees gardens in a direct line and courfe of the garden lots aforefaid, fourteen chains to the eaftern road and bounded to the northward by the faid truftees gardens, and particularly defcribed by the letters A, B, C and D, in the plan hereunto annexed, contain-

~~ing fifteen acres more or lefs, he the faid James Wright firft granting and conveying, or caufing to be granted and conveyed unto the faid commiflioners all thofe four gar-~~

den lots containing together twenty acres, more or lefs, fituate fouthward of the faid common, and adjoining thereunto, and particularly defcribed in the faid plan to this act annexed, by the numbers nineteen, twenty, thirty-one and thirty-two, to

* Further exchange of common—See acl: of 1766, No. 149. 84 DIGEST OF THE

~~A. D. 1762. to hold the fame unto the faid commiffioners and their fucceflbrs forever, as part No. 89. and parcel of the common of the faid town of Savannah, for the ufe of the lot- holders thereof.~~

Such part of the II. A?id be it further enaBed, That from and after the alienation and exchange re- common when fpedHvely made of the faid part of the faid common herein before defcribed for four exchanged, to become the pro- garden lots in manner as before mentioned, the faid tract of fifteen acres, more or perty of Sir lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, fhall and James Wright. is hereby declared to be fevered from the faid common, and become and continue the abfolute property of the faid James Wright, or other perfon, for his ufe, and his or their heirs or affigns for ever.

And the garden III. And that the faid four garden lots before mentioned and defcribed fhall from lots obtained to thenceforth be and continue as part and parcel of the faid common of the town of be a part of the common. Savannah, for the ufe of the lot-holders of the faid town, to all intents and purpofes

whatfoever as any other part of the faid common is, according to the true intent and meaning of this act.; any thing in the faid recited act contained to the contrary notwithftanding. JAMES HABERSHAM, Preftdent.

~~• LEWIS JOHNSON, Speaker.. James Wright. March 4, 1762.~~

No, to his 90. An AB for raiftng and granting majejly the fum of £193 10 flerlingi andfor applying the fame towards the better fupport and encouragement of pilots for the fervice of the province^ as therein mentioned.

~~March 4.~~

~~Obfolete.~~

No. 91, An AEl to empower the furveyors in the parifh of St. John to lay out a new public road from the town of Sunbury to join the fouth weft road near the plantation of Samuel HqJlingSy and to make the inhabitants of the i/lands to the fouthward of the river Great Ogechee liable to work on the public roads in theirfeveral pari/hes; and to appoint two additionalfurveyors for the parifh of St. John.

~~March 4.~~

~~No. 92, An At!for building a church in the town of Augufla, and repairing the parfonage houfe~~

~~there;* and providing a fundfor building and repairing churches and parfonage houfest and fencing in the cemeteries appertaining thereto in the feveral parifhes within this province.~~

~~March 4.~~

~~Obfolete. An * See acT: of 1783, No. a 8a; and note, page 52. LAWS OF GEORGIA, 85~~

~~An Acl to amend an aEl to prevent the building wooden chimnies in the town of Savannah) A. D. 1 763. No the repair of thofe already built, and to provide again/} accidents of fire. - 93-~~

~~April 7, 1763.~~

~~Thefe powers now vefled in the corporation.~~

An Acl for amending an acl for conflituting and dividing the feveral No. 94. difricls and divifions of this province into parifhes, andfor efla- hlifhing of religious ivorfhip therein, according to the rites and ceremonies of the church of England; and alfo for empowering the

~~church-wardens and veftry-men of the refpeclive parifhes to qffefs~~

~~rates for the repair of churches , the relief of the poor, and other parochial fervices, and for enlarging the public burial-ground at Savannah, and inclofing thefame.~~

I. \~p MPOWERING church-wardens, &c. to levy parifh tax.—Repugnant. See X_j note, page 52. II. * And whereas the cemetery in the parifh of Chrift church belonging to the faid parifh is become too fmall for the occafion, Be it therefore enabled by the authority cemetery of aforefaidy That the faid cemetery be enlarged and extended to the line of Abercorn- Chnft church ftreet, to the weftward, and one hundred feet to the fouthward, the whole to contain two hundred and ten feet fquare, and the church-wardens and veftry-men of the faid pariih are hereby empowered, at their difcretion, to agree with and hire workmen to compleat, inclofe, and finifh the fame.

III. And be it further enabled by the authority aforefaid, That there be laid out, Burial ground and inclofed in a line with the faid cemetery, adjoining the lines of the common, ; Ogroes. towards the five acre lots, a place of two hundred feet fquare for the conveniency of a burial-ground for negroes. LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prefident. James Wright. April'], 1763.

* See act of 1768, No. 178, enlarging the cemetery.

~~No An ordinance appointing the honorable William Knox, Efquire, agent tofolicit the affairs « 9S> of this province in Great Britain.~~

~~April 7.~~

~~Obfolete. An 86 DIGEST OF THE~~

~~A. D. 1763. An Actfor continuing and amending an act of the general ajfembly of this province for No 9*>. - regulating the ajjize of bread.~~

~~April 7, 1763.~~

~~r Obfolete. —Sec ail of i /6$, No. 174.~~

~~No. 97. An Acl to prevent damages which may arife from dams or banks for referving orflopping of water. April 7.~~

~~Obfolete.—See a8s of 1773, No. 119; and 1787, No. 363.~~

~~No. 9§. An Acl to empower the general court of pleas to grant writs of partition of lands and~~

~~tenements held in coparcenary, joint ', tenancy and tenancy in csmmon, in this province', and appointing the method ofproceeding therein.~~

~~April 7. Re-enabled by a8 of 1767, No. 166.~~

~~No. 99. An Aclfor pi-eventing fraudulent mortgages and conveyances, and for making valid all deeds and conveyances heretofore made in refpecl to any defeel in theform and manner of making thereof.~~

~~April 7.~~

~~Re-enatled with alterations by aB of 1 768, No. 1 88.~~

~~No. 100. An Atlfor granting to his majejly the fum of £1934 9, for the ufe and fupport of the~~

government of Georgia for the year 1 763, to be rnifed at certain rates as therein mentioned, andfor the more effetlual collecling ofarrears*

~~April 7.~~

~~Obfolete.~~

No. !ci. An Ac~l to prevent perfons throwing ballaft or rubbifh, orfalling trees into the rivers and navigable creeks within this province, andfor keeping clear the channels of the fame.*

~~I. II. III. IV. T\ E-ENACTED with amendments by aft of 1765, No. 121.~~

Perfons ob- _£ \, V. And be it enabled by the authority aforefaid. That if any perfons after of palling this fhall to be fallen gadon" how-to P erf° n or the time act, cut or caufe or be treated. cut down any trees contiguous to the rivers or navigable creeks by this act intended to be kept free and pafiable for {hipping, perriaguas, and large boats, and fuch trees fo

* Amended by a<5l of i;6j, No- 121. LAWS OF GEORGIA. 87

fo felled and cut down, fhall happen to fall into the faid rivers, or into or acrofs the A* D. 1 7^3* faid navigable creeks, the perfon or perfons fo falling or caufing the faid trees to be No. 101. felled and cut down, fhall forthwith clear the faid rivers or navigable creeks of the fame, at his or their fole coft and expence; and in cafe of his or their neglect or refufal fo to do within ten days, any one juftice of the peace of the parilh or diftrict where the fame fhall happen, may, and is hereby authorifed, on information on oath to him thereof given, forthwith to iflue his warrant to the conftable of the faid parilh or diftric~t, to caufe the faid tree or trees to be removed out of the faid rivers or navigable creeks, and the expence attending the doing thereof fhall be paid and difcharged by the perfon or perfons fo falling or cauiing the faid trees to be felled and cut down, and fuch juftice is hereby fully authorifed and impowered to iflue his warrant for levying the fame, together with the charge attending thereon, by diftrefs and fale of the goods and chattels of fuch offender or offenders, and for want of fufficient diftrefs, to commit fuch perfon or perfons offending as aforefaid to prifon for the fpace of thirty days, or until payment fhall be made as aforefaid. Provided Provifo. neverthelefs, That nothing herein contained fhall extend, or be conftrued to extend, to include, or to make clear, or navigable, any creek not navigable at the time of pafling this act.f LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prejidenf, James Wright.

~~April -j, 1763.~~

~~f Perpetuated by act of 1783, No. 279.~~

~~An AEi to prevent the bringing into andfpreading of contagious diflempers in this province, No. 102.~~

~~and to oblige vejjels going out of any port within the fame, firfl to produce for that pur-~~

~~pofe a pajfportfrom the governor or commander in chieffor the time being; and alfo to prevent the harboring of fick failors and others.~~

~~April 7, 1763.~~

~~Obfolete. —See abl of 1793, No. 485.~~

An Ac~l to empower the commiffioners appointed in and by an acl of the *T©« i°3- general ajfembly of this province, entitled, " An acl for repairing of Chrijl church in Savannah" to lay out afpot ofground for erecting a parifh church thereon, and to remove the prefent market, and lay out afpot ofground for erecling the fame.

WHEREAS the repairing the parifh church in the town of Savannah-, and Comrmffioners parifh of Chrift church, or rebuilding the fame on the prefent foundation Jjf^JJKS is found to be impracticable, Be it enabled. That immediately after the pafling this to remove the Y act, it fhall "" and may be lawful to and for the commiflioners named and. appointed l4und ] in build a church. ;

~~88 DIGEST OF THE~~

A. D. 1763. in and by an aft pafled in the third feffion of the fecond general aflembly of this pro- No. 103. vince, entitled, " An act for the repairing of Chrift church, in Savannah," and they, or any five of them, are hereby empowered, and fully authorifed, to caufe the buildings and flails now erected and ufed for a market, in the center of a fquare of the faid town of Savannah, called Wright's fquare, to be removed from thence, and in the fame place to lay out a fufficient fpace of ground for the erecting thereon a

~~parifh church, which faid portion of ground fo to be laid out, fhall be, and is from henceforth, allotted and appropriated to and for the ufe and purpofe aforefaid.~~

A piece of I& And be it emitted by the authority ofore/aid, That it fhall and may be lawful " ** t0 ncl or aid commiuloners and tne °t any five " ^ ^ > y> of them are hereby em- fTout for the market, powered and fully authorifed to lay out a proper fpace or quantity of ground, in a fquare of the faid town of Sarannah, called Ellis's fquare, and thereon to caufe the buildings and flails for a market to be placed and put, which faid ground fo laid out, fhall be, and is from henceforth, allotted and appropriated to and for the ufe and convenience of a public market. LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Preftdent. James Wright. Jpri/ -'J, 1763.

~~No. 104. An ASi for regulating a ivork-houfe for the cuflody and punifhment~~

~~of negroes, .~~

Preamble. *^"^ T"HEREAS a law for regulating a work-houfe for the confinement of negroes, V v and punifhment of fuch as are obftinate and diforderly, is highly neceflary, Enafted. Be it enabled, That Jofeph Ottolenghe, William Ewen, and John Morel, Efquires,

Commiffioners Alexander Tyffe and Benjamin Goldwire, fhall, and they are hereby nominated and named,andhow appointed commiffioners for the ordering and taking care of the faid work-houfe appointed...... which faid commiffioners, or any three of them, fhall have full power and authority

~~to do and tranfact all and every the matters in and by this act enjoined and directed~~

~~to be done by them, which commiffioners (hall- be and continue until Eafter Monday,~~

~~in the year one thoufand feven hundred and fixty-four ; after which the fame number of commiffioners fhallbe annually chofen and elected at the fame time and in the~~

~~fame way as is appointed for chufing pariffi officers; and the commiffioners fo chofen,~~

~~Penalty on re- refufing to act, fhall be, and they are hereby made liable to pay the fame fine as is futmg to a<5t. impofed on church-wardens refufing to act.~~

n ^e it enabled, the faid commiffioners fhall, within two months A mailer to be ^* ^ ^ further That appointed by after the paffing this act, appoint a fit and proper perfon to be mafter or warden of the work-houfe for fuch term and time not exceeding the term of three years, as

~~they fhall think fit, or during his good behavior, to have and take the care and charge of the work-houfe, and of the negroes that, from time to time, fhall be fent~~

or committed to his care ; and the faid commiffioners are hereby empowered to contract LAWS OF GEORGIA. 89 tract with fuch mafter or warden to have and take fuch fees, perquifites and advan- A. D. 1763* I04- the profits of the work and labor of fuch flaves as fhall be committed , tages out of „„. , o * riis fees to be and fent to the work-houfe, or fuch other ftated falary out of the profits of the fame afcertained by them. as they fhall think reafonable, during the time of his appointment.

III. And be it further enacled> That the mafter or warden of the work-houfe to Matter empow- be appointed as aforefaid, fhall have power and authority, and he is hereby authorifed, negroes in work hpufe, and pu- empowered and directed to fet all fuch negroes (criminals excepted) as fhall from time* to time be duly fent or committed to his cuftody to work and labour (if they whipping or be able) for fuch time as they fhall continue and remain in the work-houfe, and to irons. punilh them by putting fetters or fhackles upon them, and by moderate whipping, not exceeding twenty ftripes in one day. provide ma- IV. And be it further enacted- That the faid mafter and warden of the work-houfe To terialstor work- 1 nit r- r'-i -iri r fhall provide, as there fhall be oecafion, fuitable materials for the employment or i ng them and the profits to be fuch negroes as fhall be committed to his cuftody, except as before excepted, and the profits that fhall arife by the labor of fuch negroes fo to be employed fhall be paid by miffioners, how

a lied ' the faid mafter or warden to the faid commiffioners, who fhall apply the fame to- PP wards the difcharge of the faid mailer's fees or falary, and in providing materials for the faid negroes employment. V. VI. VII. VIII. IX. Revifed and re-enacted by act of 1770, No. 204, 24, 25, 26, 28 fections. X. And be it further enabled. That any perfon or perfons, having flubborn, obfti- Matter topunifh r •> e •» .. Haves as their nate, or incorrigible negroes or flaves, may fend and commit them to the work- owners direct. houfe, there to be kept to hard labor, or otherwife to be corrected as they fhall direct ; and the mafter and warden is hereby ftrictly commanded and required to execute the fame, the owner or owners thereof paying for the correction and maintenance of fuch flave or flaves during his or their confinement, at the following rates, viz. fix pence for each day's maintenance, and one fhiliing and four pence for each Fees for the

~~amc ' chaftifement that the owners may direct.~~

XI. And in cafe of the death, abfence, or refufal to act, of any of the commiffi- vacancies of oners named in this act, the acting; commiffioners, or the majority of them, fhall ap- commiffioners h filled. . ._ . ! howto be / r 1 r i. j- C point other proper perions as commmionerSj m the room 01 thole who may die, be abfent, or refufe to act as aforefaid.

~~XII. And be it further enabled by the authority aforefaid^ That this act fhall be and Continuance of~~

l 1S * continue in force during the term of three years from the pafiing the fame, and from thence to the end of the next feffion of the general afTembly, and no longer.* LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prefident. James Wright.

~~April 7 , 1763. M An~~

* Perpetuated by revival act of 1783, No. 279, :

~~oo DIGEST OF THE~~

A. D. 1763. An Aft for holdingfpecial or extraordinary courts ofcommon pleas > for No. 105. - fa trmi jcaujes arifing between merchant s, dealers and others, and Jhip maftersifupercargoes-, and other tranfient perfons.*

Preamble; "\jC 7"HEREAS, difputes and difFerences frequently arife and happen between \ \ merchants, dealers and others, and ihip mailers, fupercargoes, and other tranfient perfons, trading to, and having commercial concerns in this province, which cannot be determined by legal procefs, without obliging tranfient perfons to wait the ufual time of holding the general court of pleas, and the ordinary forms of proceeding therein, and thereby caufing great charge and expenfe to fuch mafters, fupercargoes, and other tranfient perfons, by detaining their veffels in port when ready for failing, and otherwise damnifying them, to the great hinderance and difadvantage of Ena&ed. foreign commerce ; for remedy whereof, Be it enafled, That it (hall and may bo lawful for the chief juftice, and in his abfence for either of the juftices of the general court of pleas, at any time after the palling of this a£t, upon petition to either of Tranfient per- them made by any fhip mafter, fupercargo, or other tranfient perfon or perfons, who h W f^dl nave anv difpute or difference with any merchant, dealer, or other perfon or tain a f °ecial court perfons touching any contract, agreement, fale, promife, debt or demand whatfoever, made or arifing within this province, during the continuance therein of fuch tranfient perfon or perfons, and not otherwife, fetting forth in fuch petition the nature of his, her or their cafe, and at the fame time making oath that he, fhe or they cannot, without great inconvenience and damage to him, her or them, wait the determination of fuch matter in difference by the ordinary and ufual courfe of proceeding in the faid court, to order, and the faid chief juftice and juflices are hereby required and direc- To beheld with ted to order and appoint a fpecial or extraordinary court to be held within feven days, a^ter tne referrm °f fuch petition, for the trial of any fuch caufe or matter in terpetltitn^re- P g fened. difference.

-^n ^e li enabled, That immediately after the appointment of Plaintiff to fue ^* ^ farther fuch out writ, &c. court, the plaintiff or plaintiffs in the caufe (hall forthwith fue out his, her or their to appear and writ, and affile his, her or their declaration thereon, with a copy of his, her or their plead to iffue account or other demand, to which the defendant or defendants fhall appear immediate, and plead to iffue without delay, in default whereof, judgment to be entered

Jury of mer- for the plaintiff or plaintiffs, and thereupon a fpecial jury of merchants or other fit h° W perfons for trial of the faid matter, or affeffing the damages in cafe of judgment by ftrock default, fhall be nominated and ftruck before one of the judges of the faid general5 court, or the clerk of the pleas, in like manner as fpecial juries are ftruck in the courts of Weftminfter hall, every fuch jury nominated to confift of thirty perfons, out of which each party fhall have liberty to ftrike fix, and the remaining eighteen fhall be impanneled to try fuch caufe, and the jurors fo named and ftruck, fhall accordingly be fummoned by the provoft marfhal to appear at the faid fpecial court, a ventrefacias being iffued for this purpofe. III.

* Amended by aft of 1766, No. 143. :

~~LAWS OF GEORGIA. 9 i~~

III. And be itfurther enacted, That if any perfon fummoned on fuch fpecial jury A. D. 1763. No I0 fhall not appear, or on appearance fhall refufe to be fworn, that then it fhall and may - 5- Pen be lawful for the faid court to fine every fuch juror in a fum not exceeding four pounds, aity on jurors not 3.DDC3,r» and each of the jurors fworn on fuch trial fhall be paid by the party prevailing five ing.

~~{hillings, which (hall be allowed him in cofts ; Provided always, That in cafe a fuffi- jurors fwont~~

how aid * xient number of jurors fhall not appear for the trial of fuch caufe, that then it (hall P Pr0Vlfo ' and may be lawful for the court to order the deficiency to be made up from any perfons then prefent in court, or in Savannah, as they fhall judge fit, who fhall thereupon be fworn on fuch jury, and in cafe of refufal, fhall and may be fined as herein before mentioned. IV. And be it further enabled, That no final judgment fhall be entered, or execu- Final judgment tion iflued, until the third day inclufive from the day of trial, and fuch court fhall be e^utionfo^f- adjourned accordingly, that the party againft whom a verdict fhall be given, may be fue under .tkree

~~ays ' at liberty to move in arreft of judgment, or to appeal therefrom, if he, fhe or they~~

~~fhall think fit.~~

V. And be itfurther enabled, That where any fuit or action, in the general court A fpecial court of pleas, fhall be commenced againft any fhip matter, fupercargo, or other tranfient ^fo/any^tran- perfon or perfons, for any matter arifing during his, her or their continuance in this fient perfons province, as aforefaid, it fhall and may be lawful for the chief juftice or either of the juftices, as aforefaid, and they are hereby required, on petition and affidavit, as aforefaid, to order and appoint a fpecial court for the trial and determination of fuch fuit in like manner as herein before is provided.* LEWIS JOHNSON, Speaker. JAMES HABERSHAM, PreftdenU James Wright.

~~April i, 1763.~~

* ThisacT: is recognized by the conftitution of 1777, and of 1789,

~~A. D. 1764. An Aclfor appointing commiffioners to rebuild the court houfe in the no. 106. totvn of Savannah^ ivith jury rooms-, and other conveniencies ne-~~

cejfary for thefaid houfe, and to empower thefaid commiffioners to difpofe of the materials of the old court houje*

WHEREAS the court houfe in the town of Savannah, where his majefty's Preamble. courts for the province of Georgia are held, is now reduced to a decayed and ruinous condition, and it being of the utmoft importance to this province fpeedily to rebuild the fame, together with jury rooms, and other conveniencies for the faid court-houfe, which have not been hitherto provided I. Be it therefore enabled, That as foon as conveniently may be after the pafling Ena&ed. of this ad, the old court houfe in the town of Savannah, being now in Wright- sSn^hto te fquare, fhall be pulled down, another court houfe, in its ftead, with jury rooms, rebuilt. and other necefiary conveniencies, fhall be erected or rebuilt in the fame place or lot.

~~II.~~

A. D.i 764. II. And be it further enaEledy That his excellency the governor or commander in No. 106. chief of this province for the time being, the chief juRice, affiftant judges, and Commiffioners attorney general for the time being, Jofeph Ottolenghe and Henry Yonge, Efquires, with , . . . . a appointed , , , , , \ „ ,.-,;} „,, certain powers, be, and they are hereby nominated and appointed commiiiioners* to put this acx in execution, and they, or any three of them, are hereby empowered, authorifed and

required, to fix upon fuch a convenient plan, as fhall not, when completely exe-. cuted, exceed the fum of fix hundred pounds fterling, and to contract for materials, and to agree with workmen for the rebuilding of the aforefaid court-houfe,

~~and the additional parts herein before mentioned ; and the aforenamed commiffi-~~

~~oners, or any three of them, are hereby alfo empowered and authorifed to fell, if~~

they fhall fee it necefTary, all or any part of the. materials belonging to the. faid old court-houfe, by a public fale, to the beft bidder, and the money arifing from fuch fale, fhall be applied by the aforefaid commifTioners towards the rebuilding of the faid court-houfe.

Expences of HI. And be it enabled,..That the commiffioners, or any three of them, are hereby yaiVby the authorifed and empowered to certify the expence of rebuilding the faid. court houfe treasurer. to the governor and council, who. fhall give orders on the treafurer of this province, for the faid feveral expenses aforefaid, to be paid by him out of the monies already provided, or hereafter to be provided for that purpofe.

Vacancies how IV. And be it enabled, That in cafe any of the commifTioners herein before named and appointed, fliall die, depart the province, or refufe to act, the remaining com- mifTioners, or any three of them, fhall, as Toon as convenient, notify the fame to

the governor or commander in chief for the time being, who is hereby authorifed and empowered to appoint and nominate one or more in the room of fuch as fhall die or depart the province, or refufe to act.

~~Commiffioners V. And be it further enabled, That the commifTioners appointed by virtue of this~~

a< ^ a^ * a t^e ' r accounts °f ^e monies by them received and expended in the laid hefor° 'the ^ y *ffembiy. rebuilding of the faid court houfe before the general afFembly, when thereunto required.

~~\ LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prefdent, James Wright.~~

~~February 29, 1 764.~~

* Mayor and aldermen are now commiffioners. See act of 1.791, No. 45a.

~~No. 107. An ordinance re-appointing William Knox, Efquire, agent, to folicit the affairs of this province in Great Britain.. February 29.~~

~~Objohte.~~

No. 108. An Atlfor further amending an abl, entitled " An at! to empower the feveralfurveyors therein named to lay out public roads in the province of Georgia. February 29. Obfokte. Jn LAWS OF GEORGIA, 93

~~An Actforfurther continuing an act, entitled " An atl to prevent wafers of vefflsfrom A. D. 1764,~~

~~carrying off perfons in debt from this province" ^°- i-9- February 29.~~

~~Obfokte. —See at! No. 50.~~

An, Atl to enable the commiffioners appointed in and by an act of.the general offembly cf No-n- this province, entitled " An atl for the repairing of Chrijl church in Savannah" to difpofe of fuch materials, as have already been providedfor rebuilding of the faid church

in Savannah , and to place out at interejl the monies ar'fing by Jale thereof together with the monies provided by feveral ails of affembly for repairing and rebuilding of the faid- churchy and noiv in the hands of the treafurer..

~~February 29.~~

~~Obfolete..~~

An Acl to fupprefs lotteries, and prevent other excejfive and deceitful No. in. gaming.*

WHEREAS many good and wholefome ftatutes of Great Britain have from Preamble. time to time been enacted and eftablifhed to prevent lotteries and gaming, and great mifchiefs are daily found to arife from fuch practices, both to trade and the community in general, as many idle, loofe, and diforderly perfons find means thereby to fupport themfelves in a difhoneft, diflblute courfe of life, and the younger fort of people, and others, are frequently drawn in and deceived, to the lofs of their time and ruin of their fortunes, Be it therefore enacted, That from and after the EnaffeJ: paffing of this act, if any perfon or perfons fhall erect, fet up, or expofe to be played, Perfons escca- drawn, or thrown- at, or fhall caufe or. procure to be erected, fet up, expofed to be ftp&k^jocT"' played, drawn, pr thrown at, any lottery, under the denomination of afale or fales; of houfes, lands, plate, jewels, fhips, goods, or other things, or for money, or any undertaking whatfoever in the nature of a lottery, by way of chances, either by dice, lots, cards, numbers, figures, or tickets, or fhall make, print, advertife, or publifh, or caufe to be made, printed, advertifed, or publifhed, propofals or fchemes for advancing fmall fums of money, by feveral perfons, amounting in the whole to large fums, to be divided among them by chances of prizes, or fhall deliver out,, or caufe or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle them to a fhare of the money fo advanced, according to fuch propofals or fchemes, or fhall expofe to fale any houfes, lands,, plate, jewels, fhips, or other goods or chattels, by any game, method or device whatfoever, depending upon, or to be determined by any lot or drawing, whether it be out of a box. or wheel, or by cards or dice, or by any machine, engine, or device of chance of any kind whatfoever, or fhall be ad- venturers in, or pay any monies or other confederation, or any ways contribute unto any of the faid games, lottery or lotteries, fale. or. fales, fuch perfon or perfons, and every

* See an additional act paffed in 17655 No. 1x2 ; and acl; of 1777, No, 232.. 94 DIGEST OF THE

A. D. 1764. every or either" of them, on being convicted thereof, on the oath or oaths of one or No. in. more credible witnefs or witneffes, or on the confefiion of the party or parties accufed, (hall forfeit and Iofe the fum of five hundred pounds lawful money of this province, to be recovered by action of debt, or information, in the general court of pleas, the one moiety of fuch forfeiture to be to his majefty, for the fupport of the

government of this province, and the other moiety to the informer : And all and jewels, fhips, goods, and other , every fuch fale or fales of houfes, lands, plate, ' Sales, &c. de- • ..... i_ j 1. / clared void, things, by any game, lottery or lotteries, machine, engine, or other device whatlo- ever, depending upon, or to be determined by chance or lot, (hall, and are hereby

all intents and purpofes •, and whatever (hall be fo fet up, and and whatfoever declared to be void to fliajl be fet up expofed to fale, {hall be forfeited to fuch perfon or perfons who (hall fue for the fame, forfeited. to he pleas of this ^ a £ionj bill, plaint, or information, in his majeRy's general court of province, wherein no aflbign, protection, wager of law, or more than one impar- againft this act, not having Ef- lance, fhall be allowed : And in cafe of any offender ficient goods and chattels, whereon to levy the penalty hereby inflicted, or not immediately paying the faid penalty, or giving fecurity for payment thereof, it fhall and may be lawful for the juflice before whom fuch perfon or perfons fhall be convicted to commit him or them to prifon, there to continue and remain for any time not exceeding twelve months. from and after the paffing of this aB, all bills, bonds, Bonds, bills, II. 4"d be it enafted, That &c. on account judgments, mortgages, notes of hand, or other fecurities or conveyances whatfoever, ofgam.ng to be perfon or perfons whatfo- ^^ grante d, drawn, or entered into, or executed, by any fhall be for any mo- ever, where the confideration of fuch conveyance or fecurities playing at cards, dice, nies or other valuable things whatfoever, won by gaming, or bets, chance or chances of any tables, tennis, bowls, or other game or games, bet or at any of the kind whatfoever, or by betting on the fide or hands of fuch as do game knowingly lent or ad- games aforefaid, or for reimburfing or repaying any money perfon or perfons fo gaming or bet- vanced at the time and place of fuch play to any fo play or bet, fhall be utterly void ting as aforefaid, or who fhall during fuch game any flatute or ufage to the and of none affed to all intents and purpofes whatfoever, mortgages, fecurities, or other contrary thereof notwithstanding ; and where fuch hereditaments, or fhall be fuch as conveyances, {hall be of lands, tenements, or or other conveyances, fhall incumber or affect the fame, fuch mortgages, fecurities, devolve upon fuch perfon inure and be to and for the fole ufe and benefit of, and fhall fuch lands, tenements, or here- or perfons as fhould or might have, or be entitled to or the perfon or perfons fo ditaments, in cafe the faid granter or granters thereof, if fuch mortgages, fecurities, incumbering the fame, had been naturally dead, and as or perfons fo to be entitled after «r other conveyances, had been made to fuch perfon the fame; and all grants and the deceafe of the perfon or perfons fo incumbering tenements, or hereditaments, conveyances to be made for the preventing fuch lands, perfons hereby intended to enjoy from coming to, or devolving upon fuch perfon or void, and of none effe.a. the fame as aforefaid, fhall be deemed fraudulent and XI 1 • LAWS OF GEORGIA. $g

~~III. And be it enaffed, That any perfon or perfons whatfoever, who, at any time A. D. 1764.~~

~~No ,1T « or times, fitting or fittings, within the fpace of twenty-four hours, by playing at -~~

Mone'>' oft h cards, dice, tables, or other game or games, or by betting on the fides or hands of J ' 3 ' ° gaming how) to . fuch as do play at any of the games aforefaid, (hall lofe to any one or more perfon or be recovered- perfons fo playing or betting, in the whole the fum or. value of Eve millings, lawful money of this province, and {half pay or deliver the fame, or any part thereof, the perfon or perfons fo lofing, and paying and delivering the fame, fhall be at liberty, within three months then next following, and not after, to fue for and recover the monies or goods fo loft, and paid or delivered, or any part thereof, from the rcfpec- tive winner or winners thereof, with cofts, by a warrant from a juftice of the peace,. in nature of a warrant for debt, founded on this a

~~loft and paid or delivered, (hall not exceed the value of eight pounds, lawful money~~

of this province ; and in cafe the monies or goods fo loft, and paid or delivered, (hail exceed that fum, the lofer (hall and may recover the fame from the winner or winners, with cofts, by aclion of debt, founded on this aft, to be profecuted in his majefty's general court of pleas in this province, in which action or fuit, no effoign,

~~protection, wager of law, privilege, or more than one imparlance, (hall be allowed ;,~~

and in which action or fuit it fhall be fufficient for the plaintiff to allege that the defendant or defendants are indebted to him,, or received to the plaintiff's ufe, the monies fo loft and paid, or converted the goods won of the plaintiff to the defendant's ufe, whereby the plaintiff's action accrued to him according to the form of this acl*

without fetting forth any fpecial matter ; and in cafe the perfon or perfons who fhali lofe fuch money, or other things as aforefaid, fhall not, within the time prefcribed,, really, and bonafide^ fue, and with effect profecute, for the monies or other things.

fo by him or them loft and paid,, or delivered as aforefaid, it fhall and may be lawful to and for any perfon or perfons, by any fuch action or fuit as aforefaid, to fue for and recover the fame, with full cofts of fuit, againft fuch winner or winners as aforefaid, unlefs fuch winner or winners, within ten days after the winning fuch money or things, {hall repay or re-deliver to the lofer fueh money or things fo won and received as aforefaid, together with fuch cofts of fuit as may have accrued before the re-payment or re-delivery of fuch money or thing, the one moiety of the money or thing fo recovered fhall be to the ufe of the perfon or perfons (other than the perfon. lofing) who fhall fue for the fame, and the other moiety to the ufe of the poor of the parifh where the offence fhall be committed.

IV,. And, for the better difcovery of the monies or thiags fo won and received, perfons fued for mon e won °Y for . y and to be fued and recovered as aforefaid, It is herebyJ Jfurther enafled. That all , gaining) com- and every the perfon or perfons, who,, by virtue of this prefent act, fhall or may be peiled to difco- am° liable to be fued for the fhall to anfwer fame, alfo be obliged and compellable upon oath ^oath fuch bill or bills in equity as fhall be preferred againft him or them, for discovering the fum or fums of money, or other things, fo won and- received at play as afore-

faid; Provided iteverthelefst That, upon the difcovery and repayment of the money or other thing fo to be difcovered and repaid as aforefaid, together with the cofts that may have accrued,, fuch perfon or perfons fhall be acquitted,, indemnified, and- discharged. pi DIGEST OF THE

~~A. D. S764. difcharged from any further or other punifhment, forfeiture, or penalty inflicted No. 111. by this act.~~

V. And be it enatfed. That if any perfon or perfons whatfoever, at any time or times after the paffing of thjs act, by fraud, fhift, cozenage, circumvention, deceit, or unlawful device, or ill practice whatfoever, in playing at or with cards, or dice, or any of the games aforefaid, or in bearing a fhare or part in the (takes, wagers, or adventures, or in or by betting on the fides or hands of fuch as do or {hall play as aforefaid, do, or fhall win, obtain or acquire to him or themfelves, or to any other

~~Perfons win- or others, any fum or fums of money, or other valuable thing or things whatfoever, nineng money, then every fuch perfon or perfons fo winninp-, by fuch ill practice as aforefaid, being~~

fraud, to ' &c. by . _ ' , i i ' forfeit four convicted thereof, upon an indictment to be exhibited againft him or them for that tares the purpofe, fhall forfeit four times the value of the fum or fums of money, or other mount. things fo won as aforefaid, to the perfon or perfons profecuting, and alfo fhall fuffer fuch corporeal punifhment as the court before whom the fame fhall be tried (hall think

~~fit to inflict, not extending to the lofsof life or member.~~

Penalty for VI. And, for preventing fuch quarrels as (hall or may happen upon the account of fighting on ac- gaming Be it further enacled, That in cafe any perfon or perfons, upon account of e ' r count of gam- £*. . .. . ing. any money won by gaming, playing, or betting, at any of the games aforefaid, fhall nffault and beat, or challenge or provoke to fight any other perfon or perfons, fuch perfon or perfons fo aflaulting, beating, challenging, or provoking to fight, on being thereof convicted, upon an indictment or information to be exhibited againft him or them for that purpofe, fhall forfeit to his majefty, his heirs and fucceffors, the fum of twenty pounds lawful money of this province, for the ufe of the faid province, and

~~fhall alfo fuffer imprisonment not exceeding fix months, without bail or main-prize.~~

Occupiers of VII. And whereas the occupiers of many licenfed public houfes, and of other 1 ?' houfes wherein liquors are fold, frequently fuffer gaming therein, and apprentices, jfc r k^ fine for fuffer- overfeers, journymen, laborers and fervants, by means thereof, not only mifpend amins their time, but are often reduced to poverty and diftrefs, Be it therefort enacled, 'thfr -| That from and after the firft day of June next, after the paffing of this act, if any perfon or perfons licenfed to fell any forts of fpiritous liquors, or who fhall fell or fuffer the fame to be fold in his, her or their houfe or houfes, or in any out houfes, grounds, or apartments thereto belonging, fhall knowingly fuffer any gaming with cards, dice, draughts, fhuffle boards, billiard tables, (kittles, nine-pins, or at or with any other games, or implements of gaming, in his, her, or their houfes, or out houfes, ground, or apartments thereunto belonging, by any apprentices, overfeers, journeymen, laborers or fervants, and fhall be convicted of the faid offence, or their own confeffion, or on the oath of one or more credible witnefs or witneffes, (exclufive of the perfon giving information thereof) before any juilice or juftices of the peace of the parifh or place where the offence fhall be committed, within thirty days after fuch offence, he, fhe, or they fo offending, fhall forfeit for the firft offence the fum of twenty (hillings lawful money of this province, and for every like offence he, fhe, or they fhall be afterwards convicted of, the fum of forty (hillings, to be levied by diftrefs and fale of the offender's goods, by warrant from the juftice or juftices, before ;

~~LAWS OP GEORGIA. 97~~

A. before whom fuch offender or offenders (hall be convicted ; one moiety of which faid D. 1764:. forfeitures Avail be paid to the church-wardens and veftry of the pavifh or place where No. in. the offence fhall be committed, for the ufe of the poor there, and the other moiety thereof to the perfon or perfons on whofe information fuch offender fhall be convicted ; and for want of fufficient diftrefs, it mall and may be lawful for fuch juflice or juflices to commit fuch offender or offenders to prifon, not exceeding ten days, or until the money fo forfeited fhall be paid.

~~VIII. And be it further entitled, That from and after the faid fir ft day of June Certain perfons~~

if apprentice, overfeer, laborer, fervant, fhall in next, any journeyman, or game fj^houfes Alb- liquors e & to fine and" any houfe, out houfe, ground, or apartments thereto belonging, wherein any \ fhall be fold, and fhall be thereof convicted, by the oath of one or more credible witnefs or witnefles, or on his or their own confefhon, every fuch offender fhall forfeit and pay the fum often fhillings for every fuch offence, to be levied by diftrefs and fale, and applied as aforefaid ; and in cafe no fufficient diftrefs can be found, fhall be committed to prifon, not exceeding the fpace of five days, or until the money fo forfeited fhallbe paid.

IX. And be it further enacled, That it fhall and may be lawful to and for any juf- juffkes of the tice or juflices of the peace of any parifh or place in province, and he and they is this ^[^ the^xe- and are hereby required, upon complaint on oath of any offence committed againfl anion of. this this act, to iffue his or their warrant to fome conftable of the parifh where the offence fhall be charged to have been committed, or where the offender fhali refide, for bringing before him or them, or fome other juftice of the fame, parifh, the perfon or perfons charged with fuch offence, and fuch juflice or juflices are authorized to hear and determine the matter of fuch complaint, and to proceed to judgment thereupon and if it fhall appear by oath of any credible perfon, that any one within the faid justices jurifdicTtion, can give material evidence as to any offender againfl this act, or on behalf of the perfon accufed, and will not voluntarily appear to be examined, fuch juftice or juflices may and fhall iffue his or their fummons to convene every fuch. perfon before him or them to be examined on oath touching the premifes, and in cafe of refufal to be examined, without juft caufe, it fhall be lawful for fuch juftice or juf- tkes to fine fuch perfon or perfons in a fum not exceeding forty millings, and in de* fault of payment thereof in five days, to commit fuch perfon to prifon for a term not exceeding ten days, or until the faid fine fhall be paid, and the expence attending fuch commitment fhall be borneand paid by the party or parties offending againfl this act, if of ability to pay the fame, and if not, the fame fhall be paid by the public in like manner as is done for conveying criminal's to gaol'.

X. Provided always, and be it enacted, That in all proceedings purfuant to this wfiat perfons deemed coirge- ac~l, any inhabitant of the parifh or place where the offence fhall be committed fhail tent witnefles be deemed a competent witnefs, and fhall give evidence, notwithstanding, his,, her, or bythisadi. their being an inhabitant of fuch parifh or place.

XI. And be it alfo enacled, That if any juflice of the peace, or conftable^ fhall re- juilkesempow- ered l break ceive information from any credible perfon, or fhall himfelf know, or have reafonable ° ' * _ ' open doors in . I A qj j.uft caufe to-fufpect, that, any fuch perfons as aforefaid are gaming contrary to the feizing perfons offendin N intention S- yS DIGESTOFTHE

A. 1). 1764. intention of this act, in any licenfed public houfe, or other houfe felling liquors, it No. in. fhall and may be lawful for fuch juftice or conftable, taking with him two credible perfons, to enter into the fame, demand being firft made for fo doing, and in cafe of refuiVd to break open the doors of fuch houfes, and to fearch for, feize and apprehend any perfon or perfons fo gaming as aforefaid, in order to his or their being proceeded againft for fuch offence according to law.

Appeal allowed XII. Provided always, and it is further enabled, That any perfon or perfons who irom the jufti- ftu u xh.\vik him or themfelves aggrieved by the determination of any iuftice or iuftices tion to the ge- of the peace, may appeal therefrom to the general court of pleas, and the party appeal- nerai court. n^jj j n ^ gjve reafon?.ble notice thereof to the profecutor, and enter into a recognizance

~~with two fureties for profecuting the fame with -effect ; and in cafe the judgment or convicYion of fuch juftice or juftices mall be confirmed, the party appealing fhall pay treble cofts.~~

~~A public ad. XIII. And be it further enabled, That this a<£t fhall be deemed a public a£t, and fhall be taken as fuch by all judges, juftices, and magiftrates, and in all courts within~~

this province, without fpecial pleading ; and fhall continue in force for the fpace of feven years, and from thence to the end of the next feffion of the general affembly and no longer.* LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Prefdent. James Wright.

~~February 29, 1 764.~~

* There appears to have been no feffion from 1770 'till 1773. By aclof 1773, No. 224, this act was further continued for one year, and to the end of the next feffion of the general affembly which was held in the year 1777— further continued by acts of 1777, No. 136—1778, No. 257— 1781, No. 263—1783, No. 379—and finally made perpetual by ad of 1784, No. 287.

No. us. An Aclfor granting to his majejly thefum of £2117 13 o\ flerling for the ufe andfupport of the government of Georgia for the year 1764, to be rmfed at certain rates, and after the method therein mentioned, andfor the more effeblual collecting ofarrears. February 29. Obfolete. "' ': _^______^______

diforderly No. 113. An Acl for the piinifhment of vagabonds^ and other idle and perfons, and for creeling prifons or places offecurity, in the fever al lands Darifhes of this province ; andfor preventing trefpafjes on of the crown, or lands refervedfor the Indians, and for the more ef-

~~fectualfuppreffing and punifhing perfons bartering with the Indians in the ivoods.~~

~~much of this a£t as refpects vagabonds, re-ena&ed with alterations, by act of SO17S8, No. 391. Trading .with Indians, obfolete^-being under the regulation of Congrefs. VIL~~

~~Amended by act of .1788, No. 39,1. ; f :~~

~~LAWS OF GEORGIA. 99~~

VII. And be it further enaFted hy the authority afore/aid, That if any perfon or A.D. 1764; No I! 3- perfons, after the paffmg of this aft, fhall prefume to erect or fet up any houfes or - lands refervecl for the Indians, as hunting grounds, or for their own ufe, huts on the ^f on hnrbr'c- or (hall trefpafs thereon by hunting, fuch perfon or perfons being thereof' convicted, ferved for indi* trading or bartering with the Indians in in the manner before mentioned, touching *nd pwdlhttU!

the woods, fliall be liable to the fame penalty and punifhment as in thateafe is inflicted ; and the juftice before whom the complaint is made, mall or may order fuch huts. and buildings thereon made or being, to be deftroyed, and fhall likewife bind over the offender for his appearance at the next feffions, or otherwife -commit him to gaol, as before mentioned. VIII. Refpedting gaols.

IX. And -whereas it hath been the common practice of many perfons in the back Perfons feating fettlements of this province, to feat themfelves without authority on lands of the yic lafids- crown, by building huts, clearing of land, and planting thereon, and have aifo fo far wirhout proper themfelves a right to faid land, by fuch fearing, building and planting, as affumed to "^Idte and ™£ to fell the fame to the next comer, and from thence removing to fome more, dift ant orderly, and practice, detriment of fuch part, have repeated the fame to the manifeft purchafers m^Vtobe dem- and others, who would become ufeful fettlers by cultivating and improving the faid flroysd.

lands, by authority of the king's grant ; for remedy whereof, Be it further enafled by the authority afore/aid, That from and after the pafling this act, if any perfon or perfons mail be found fearing him, her or themfelves, on any. vacant lands of. the crown, building huts or houfes, or clearing and planting the fame, and not having applied for and obtained fuch authority for fo doing, as the governor or commander in chief of this province in council fhall direct, fuch perfon or. perfons fo. offending fhall be deemed idle and diforderly perfons, within the true. intent and

meaning of this act j and on conviction of any fuch offender or offenders, before any of his majefty's juftices of the parifh where the offence may be committed,, fuch, juftice or juftices fhall, and they are hereby re-quired, by a wricten order under his or their hands and feals, directed to a lawful conftable of the faid province, to warn fuch perfon or perfons fo unlawfully fettling on the king's lands, to leave the fame within three months after fuch warning given, and in cafe of refufal, after the expiration of the faid term, the perfon or perfons fo feated as aforefaid, not having applied for and obtained a proper authority for continuing on the faid lands, and prove the fame before a magiftrate of the faid parifh, the juftice or juftices aforefaid may and are hereby required to direct any conftable, by warrant, for 'that purpofe, to deftroy the huts, building, and fences of fuch offender or offenders againft this aci, the expence of fuch warning or removal to be paid by the offending party, if of ability, and upon refufal, to be levied by warrant of diftrefs ; but if fuch offender is not of ability to pay the fame, it being duly proved, fhall be paid by the public in like manner as for conveying criminals to -gaol*.

~~• XIL 100 DIGEST OF THE~~

A. D. 1764. XII. And be it enaBed by the authority aforefaidy That this aft (hall continue and be No. 113. in force for the terra of two years, from the time of paffing thereof, and from thence to the end of the next feffion of the general aflembly, and no longer.*' LEWIS JOHNSON, Speaker. JAMES HABERSHAM, Preftdent. James Wright.

February 29, 1764*

* Further continued by feveral acts 'til 1773, tn e« continued for one year and to the end of the next general aflembly, which was held in 1777—further continued by acT: of that year, fee No. 236; and finally made perpetual by acfl of 1784, No. 287.

*BMsasss^e

No. 114. An Acl to direel executors and adminifirators in the manner and method of returning inventories and accounts of their tejlators and inteflates ejiates, andfor allowing them and all other perfon s ut) ho fhall or may be intrujled

Preamble. WHEREAS, for preventing any fraudulent difpofition or embezzlement of the eflates of perfons deceafed, it is highly expedient that executors and adminiftrators mould be obliged to render true and perfect inventories and appraife- ments of the eflates and effects of their teftators and inteftates come to their hands

~~and poffeflion ; And ivherens it is alfo fit and reafonable, that, as well executors and~~

~~aclmimftrators, as all guardians and truftees, fhall have an allowance for their trouble~~

~~and care in the management of the eftates committed to their truft ; 'Therefore be it~~

Enacted e'latledy That from and after the paffing of this at~r., all and every executorf and ad- Executors and miniftrator, who (hall, before the ordinary of this province for the time being, or fuch admin i fixators, their duties. perfon as he fhall depute or appoint, qualify him, her or themfelves, for the adminiftration of the eftate and effects of his, her, or their teftator or inteftate, fhall upon oath be bound to produce and fhew to the appraifers that fhall be appointed by the

ordinary for that purpofe, or any three or more of them, all and fingular the goods and chattels of his, her, or their teftator or inteftate, as have or fhall come into his, her or their, or either of their hands, poffeffion or knowledge, and within fixty days after fuch his, her, or their qualification, fhall caufe to be made a true and juft ap-

~~pvaifement, upon oath, of all and fingular the goods and chattels aforefaid, and exhibit, or caufe to be exhibited the faid appraifement, certified under the hands of any~~

~~three or more of the appraifers aforefaid, within four:}: months after fuch his, her, or~~

~~their qualification, together with a full and perfect inventory of all and fingular the rights and credits of the faid teftator or inteftate, whether the fame be in ready money,~~

~~judgments, bonds, or other fpe-cialties, or notes of hand, together with a lift orfche* dule~~

~~f Executors may be compelled to give fecurity—See acl: of 1792, No. 476, fe&. 1. i Altered to three months by act of 1792, No. 476, fc£t. 2. LAWS OF GEORGIA. IOI~~

II. And be itfurther enacJed, That no letters testamentary or of administration, Oath of perfons applying for fhall be granted before the perfons applying for the fame do feverally and reflectively letters. take the following oath, ( mutatis mutandis) You, A. B. (if executor) do fwear, that you believe this to be the laft will of CD. deceafed; or you, A. B. (if an administra- te *) do fwear, that C. D. deceafed, made no will, as far as you know and believe, and that you will produce to fhew and inform the appraifers that fhall be appointed by the ordinary, all and lingular the goods and chattels of the faid C. D. deceafed, as already have, or fhall, before the day of making the appraifement, come into your hands, pofTeffion or knowledge, and that you will well and truly administer all and lingular the goods, chattels, rights and credits of the faid deceafed, and pay his debts and legacies, as far as his eftate will extend, and the law charge you ; and that you will make a true and perfect inventory of all the rights and credits of the faid deceafed, whether the fame be in ready money, judgments, bonds, or other Spe- cialties, or notes of hand, together with a Jilt or Schedule of the books of account of fuch teftator and inteState perfon, and exhibit, or caufe to be exhibited, the faid inventory and Schedule, together with the appraifement of the faid deceafed's goods and chattels, certified under the hands of three or more of the appraifers aforefaid, into the fecretary's office of this province, within the time prefcribed by Jaw. III. And ibhereas, a cuftom hath prevailed among executors and administrators, of taking eftates, or fome part thereof, at the appraifement, when fuch appraifement hath often been under the real value ; for prevention whereof for the future,

Be it enabled, That no executor or administrator fhall hereafter be permitted to take Executors and adminiftrators any eftate, or any part thereof, at the appraifement, and that no appraifement to not allowed to be made as aforefaid fhall be binding or conclufive,f either upon the creditors, le- take eftates at the appraife- gatees, kin, next of or other perfon interefted in fuch eftate, or upon the exe- ment, but fhall cutors or adminiftrators, but all and every fuch executor and administrator fhall be be accountable for the true va- chargeable and accountable for the true value of fuch eftate, any practice to the lue thereof. contrary notwithstanding.

IV. And be it further enacted. That all intended fales of goods and chattels be- Sales of goods, &c. how to be longing teftators to or inteftates, fhall be publifhed in two or more public places in publifhtd. the parifh where fuch effects are to be fold, and in the gazette, at leaft forty days before the day of fuch intended fale. V.

* The form of adminiftrator's oath is prefcribed by 6th feet, of the aclof 1792, No. 476. -j See 2d fed., of act of 1792, No, 476, to like effect. .

~~102 DIGEST OF THE~~

A. D. 1764. V. And be it further enaBed, That in cafe any perfon in the province (hall here- No. 114. after happen by his will to appoint his debtor to be his executor, fuch appointment Debtors ap- fhall pointed execu- not, in law or equity, be conftrued or deemed to be a releaie or extinguishment tors not to be of any debt due to the teftator, unlefs the'teftator fhall in his will exprefsly declare freed of any debt, unlefs tx- his ..intention to devife, bequeath, or releafe fuch debt, any law, ufage, or cuilom prefsly declared to the contrary notwithstanding. in the tcilator's will. VI. And be it further enaBed> That no appraifers, that fhall hereafter: be appoint- .Appraifcrsto be ed to appraife any teflator or inteltate's goods and chattels, (hall enter upon that office • worn. before they (hall have taken the following oath, before one of his majefty's juftices of the peace of this province, who is hereby empowered to adminifter the fame: You

Their oath. A. B. C. I). E. F. do fwear, that you will make a juft and true appraifement of all and lingular the goods and chattels (ready money only excepted) of G. H. deceafed, as fhall be produced by 7. K. the executor or adminiftrator of the efiate of the faid Go H. deceafed, and that you will return the fame certified under your hands, unto the faid Z K. executor or adminiftrator, within the time prefer ibed by law., Bond and fecu- VII. And be it further enaBedy That every perfon who fhall hereafter obtain rity to be given letters of adminiftration from the ordinary of this province, fhall give by perfons ob- bond* in the taining letters fecretary's office, with fufficient fecurity to be approved of by the ordinary, accord- of adminiftra- ftatute the twenty-fecond twenty-third years, of: tion. ing to the of and King Charles the fecond, for the better fettling of inteftates eftates..

Principal credi- VIII. And be it further enaBedy That no letters of adminiftration fhall hereafter tors not to ob- be granted by the ordinary of this province to any perfon or perfons whomfoever, as tain letters but in truil for the principal creditor or creditors to any inteftate, but upon fpecial truft and confidence, reit. benefit all lingular the reft of the creditors and for the of and ; and that all debts f Debts of equal of an equal nature fhall be difcharged by fuch adminiftrator or adminiftrators in ave- dignity to be difcharged in a- rage and proportion, as far as the affets of the inteftate {hall extend, and that no verage as far as preference fhall be given among the creditors in equal degree ; and that every fuch aifets. adminiftrator and adminiftrators fhall be obliged to fue for fuch debts which he ox> Adminiftrator to fue or em- they may reafonably expect to recover, or, at the requeft and proper charges of any power fome of the creditors of the inteftate, affign and empower them, or any of them, to fue creditor to fue for debts out- for the debts outftanding to the eftate of fuch inteftate, any law, ufage, or cuftom. standing. to the contrary notwithftanding.

Dividend of in- IX. And) That no creditor or creditors, to be appointed adminiftrator or admi-- teftates eftates niftrators in truft, as herein before mentioned, may retain, in his or their hands the when to be made. monies he or they fhall receive by virtue of fuch adminiftration, longer than neceffa-

ry, Be it further enaBedy That every fuch adminiftrator or adminiftrators fhall, within twelve % months after the death of his or their inteftate, or after his or their obtaining adminiftration thereon, make a. dividend of the monies arifing from fuch inteftates

* prefcribing See 8tk feet, of act of 1792, No. 476, the form and manner of giving bond and fecurity. By . the* 9th feet, fecurities may be releafed;. and by the 10th feet, letters of administration granted to a widow may be revoked on her marriage.

f The nth feet, of act ot 1792, No. 47$, points out the order in which debts are to be paid. By the lath? feet, notice is to be given to creditors. i By the 13th feet, executors and adminiitrators are exempt from fuit during that time. ;

LAWS OF GEORGIA, 103 tates eflates and effects, to and among the feveral creditors in like proportion as afore- A. D. 1764. No. 114- mentioned ; and in cafe fuch eftate and effects fhall not then be wholly divided, a fecond dividend thereof fhall be made within two years from the death of the inteftate, which fecond dividend fhall be final, unlefs any fuit (hall be then depending, or any part of the inteftate's eftate {landing out, or unlefs fome future eftate of the inteftate fhall afterwards come to the hands of fuch adminiftrator or adminiftrators, in which cafe he or they fhall, as foon as may be, convert fuch future eftate into money, and fhall, within three months after, divide the fame, to which effe£l it fhall be inferted in the condition of the bond to be given as aforementioned, on obtaining letters of administration. X. And be it further enacted, That every executor and adminiftrator who fhall Executors and adminiftmors aforefaid, or within time as not, within the time fuch further or other reafonable neglecling their the ordinary fhall think fit to give, make and return into the fecretary's office afore- duty made chargeable as faid fuch inventory and appraifement as is herein before directed to be made and re- executors in turned, and who mall make default in mentioning or inferting therein all or any of their own wrong. the credits or effects of his, her, or their teftator or inteftate, as aforefaid, which came 2 Black, com. into their hands to be adminiftered, every fuch executor and adminiftrator fhall be, and P- 5°'fr they, and each of them, are hereby made chargeable with, and fubject to the payment of all and lingular the faid teftator's and inteftate's debts, legacies, and be- quefts, in the fame manner as executors of their own wrong* are fubje£ted and made chargeable by the common or ftatute law of England.

~~XL And be it further enac?ed, That it fhall and may be lawful to and for all and Comn^iffions of executors,~~

* The 13th fe6t. explains the manner in which executors and adminiftrators in their own wrong are made chargeable.

~~| By act of 1792, No. 476, feet. I, they are to account annually or forfeit commiffions, and liable to fuit for damages. 104 DIGEST OF THE~~

A. D. 1764. other eftate or effects, {hall be entitled to any reward or commiffions for the payment No. 114. or retaining to themfelves any fuch debts or legacies, any law, ufage, or cuftom to the contrary notwithftanding.

~~XII. But, as it may be very difficult to afcertain the proper and adequate allow-~~

ance to be made in all cafes, and as the fums herein before allowed may not be fufficient compenfation for the care, trouble, and. pains which executors, administrators, guardians, or truftees, may take in the management of their refpective trufts, in

Executors, &c. fome particular cafes, Be it further enabled. That if any executors, adminiftrators, aclfon in the guardians, or truftees, who fhall have had extraordinary trouble in the management general court, f the eftates under their care, and {hall not be fatisfied with the fums hereinbefore for additional _ . •. . - A y commiflions. mentioned, iucn executors, administrators, guardians, or trustees, mail and may

~~• .. be at liberty to bring an action in the general court of pleas for their fervices, and the~~

No verdid to verdict of the jury, and judgment of the court thereupon, {hall be final and conclu- r ** ^" ive * n uc^ ca ^es Provided always. That no verdict fhall be given for more than fifty than ra?° *«r » cent, over/ {hillings per cent, over and above the fums allowed by this act.

Commiflions XIII. And be it further enabled, That the commiffions given by this act fhall be h t0 C l ~ divided amongft executors, adminiftrators, guardians, and truftees, according to v'i!ied the proportion of the fervices by them refpectively performed, to be rated and fettled by the chief juftice and two of the juftices of the general court of pleas, in cafe the executors, adminiftrators, guardians, and truftees, cannot, agree amongft themfelves concerning the fame.

XIV. And be it further enabled by the authority afdrefaid, That this act fhall be and continue in force for the term of feven years, and from thence to the end of the next feffions of aflembly, and no longer.* LEWIS JOHNSON, Speaker. JAMES HABERSHAM, PrefdenU James Wright.

~~February 29, 1 764.~~

* Further continued by act of 1773, and to the end of the next feflion of the general affembly which was held- in 1777 —further continued by acl: of that year, fee No. 236, and finally made perpetual by act of 1784, No. 287.

~~No, " 115. J[}1 At!forfarther amending and explaining an acl, entitled An aclfor better reguht* ing the market in the town of Savannah"~~

~~February 29, 1764. Now under the diretlion of the corporation.~~

~~No. 116. ^ Acl for continuing feveral laws therein mentioned for regulating the militia; for the~~

~~better ordering and governing negroes and other faves ; for the empowering furveyors te lay out public roads; for laying an impojl onfhipping; and to prevent horfef}ealitfg.~~

~~May 29.~~

~~Obfolete. 4* LAWS OF GEORGIA. icy~~

~~parts A. D. 1764. An Acl to prevent the farther fprending of thefmall-pox in Savannah, and in other of this province. No, 117. May 20.~~

~~Olfohte.~~

~~An AH to prevent as much as may be the fprending of thefmull-pox in this province, jsr . 11 S.-~~

~~December 7.~~

~~Obfokte.~~

A. 0.1765* An Ac~l for the better firengthening and fettling of this province by No. 119. compelling the feveral perfons who claim to hold lands ivithin the fame under any grant or grants from his majefy, vuitnejfed by the governor of South Carolina, to bring or fend into this province a number of white perfons or negroes in proportion to the lands they

~~, claim to hold, agreeable to his majefy* s royal infruclions for grant-~~

ing lands, and to cultivate and improve thefame ; andfor the better afcertaining the faidfeveral trails of land by regulating thefur- veys and marking the lines thereof and recording the feveral plats

~~in the furveyor general*s office; alfo for regiflering and docketing~~

fuch grants in the other proper offices in this province**

"HEREAS fundry perfons hold or claim to hold great tracts and quantities Preamble. of very valuable lands to the fouthward of the river Alatamaha within this province by virtue of, or under grants from his majefty, witneffed by the governor of South Carolina, on pretence that thofe lands were then in the faid province of South Carolina.

And luhereas it will be highly prejudicial to this province, in cafe the faid grantees do not bring or fend into the fame a number of white perfons, or negroes, in proportion to the lands they hold, or claim to hold as aforefaid, agreeable to his majefty 's royal infiructions for granting lands* in order to cultivate and improve the fame, or other lands within this province. And whereas the furveys or pretended furveys of the faid lands or the greatefl part thereof were made with fo much precipitation, that from various informations received, it appears very few, if any, of the faid tracts of land were actually furveyed or the lines run, and trees marked, agreeable to the ufual and Handing inftructions in that particular, and which is abfolutely necefiary for afcertaining the fame, by reafon whereof, not only great frauds and abufes may be committed, as well with refpe& to his majefly's rights, as in diminution of the O public

* Ghery. —Whether the royal afient was ever obtained to this a& ? See attorney general's reports to coagrei's in 1796, p. 130. ;

~~to6 DIGEST OF THE 1~~

~~A. D. 1765. public or provincial tax, but alfo for want of the lines being actually run and marked,~~

No. 119. the taking up and improvement of the other lands contiguous to thofe granted iij Carolina as aforefaid, is greatly obftrucled, for few or no lines appearing, and no records or entry of the faid plats and grants being made in any of the offices in this province, by which the fituation of the faid lands may in anywife be dlfcovered or afcertained. The furveyor general and his deputies cannot know how or where to execute or run out fuch warrants for furveying and laying out the contiguous lands, as are now iffued by the governor of this province, to or for any perfon or perfons

~~duly qualified to obtain the fame ; Wherefore for remedy of all frauds, abufes, in-~~

Enadted. juries, and inconveniencies in and about the premifes, Be it entitled, That all and South Carolina every perfon and perfons whatfoever, to whom any lands, now within this province, fouth of the ri- nave Deen granted by any grant or grants from his majefly, witneffed by the governor Aitamaha ver f South Carolina, or their heirs and affigns refpeclively, and all others whatfoever how to be made , '. • • .... 111 1 i- .-,'. * • . known, and in holding or claiming to hold any lands withm this province under fuch grants as what manner to a f0refaid, fhall, and do within fix months from and after his majefly's royal approbation of this act, fhall be received by the governor or commander in chief of this province for the time being or notified to him and publifhed in the gazette of this province, appear before the faid governor or commander in chief in council, in their own proper perfons, or by their attorney or attornies lawfully conftituted and appointed, and fhall produce his, her and their grant or grants, for any lands fo held or claimed to be held by him her or them as aforefaid, and if fuch grantee or grante.es or thofe claiming under them fhall appear perfonally, then he fhe or they fhall make proof upon oath, and in fuch other and further manner as may be required to the fatisfaction of the faid governor or commander in chief and council, that he fhe or they re- ipeclively, have within this province, a family of white perfons or negroes, amounting in the whole to the number of one perfon for every fifty acres of land contained in their refpective grant or grants (allowing an hundred acres for the mailer or head of fuch family if he fhall become to fettle within this province) agreeable to his majefly's royal inllructions for granting lands to any of his fubje£ls in this province and fhall alio prove upon oath and give fuch further fatisfa£tion and affurance to the

faid governor or commander in chief and council as they fliall require, that the negroes fo brought into this province by him her or them arc brought bonafide with an intention to fettle and improve the lands fo held or claimed to be held by him her or them, or to cultivate and improve other lands within this province, and not with any fraudulent or fecret intention of moving them or any of them back, or carrying them or any of them out of the faid province again, after having obtained an admiffion or allowance of his her or their qualification in fupport of the faid grant or grants to and for the lands held or claimed to be held by him her or them reflectively.

, . II. And be it further enaEledy That if fuch grantee or grantees, or any or either of f ing under fuch them, their heirs or affigns, or any other perfon or perfons whatfoever, holding grantstoexhibit Qr c i a i m i ng x.o hold any lands within this province, under fuch grants as aforefaid, the governor, (hall appear by his or their attorney or attornies, that then and in fuch cafe every attornies, fhall and do only the grant or grants of his and thegrants.™ ^uc^ attorney or not produce their LAWS OF GEORGIA. 107

• their constituent or constituents, but alfo an affidavit made by fucli conitituent or A. D. 1765. No I19 " constituents respectively, in the form following, that is to fay : I A. B. of (inferting the ^ and fincerely in perfons -name and place of abode) do folemnly fwear the prefence of vit Almighty God, that I have fent into the province of Georgia (inferting the number) flaves my own property, and that the faid (inferting the number) flaves are by me bona fide intended to remain and be employed in the cultivation of lands or otherwife in the faid province, and that I have not fent the faid negroes into that province with a view or fecret intention to obtain an admiffion or allowance of my qualification (as required by the act of affembly of the faid province in that cafe made and provided) in fupport of my grant from his majefty, witneffed by the governor of South Caroli- na, for (infert the quantity) acres of land to the fouthward of the river Alatamaha, in the faid province of Georgia, and after having fo obtained fuch admiffion or allowance of my qualification as aforefaid in fupport cf the faid grant, then fraudulently to remove the faid negroes or any of them back again, or to carry or fend them or any of them out of the faid province. So help me God, And which faid oath fhall be made and taken by every fuch perfon and perfons as aforefaid, before the chief juftice of the faiii province of South Carolina, for the time being, or one of the affiitant judges in the faid province, and fhall be attefted by fuch judge and have a teftimonial under To have teftl- moaia and the great feal of the faid rprovince in the manner ufually done in cafes of affidavits, -\ ° - great feal of S. , r '..'., . tranfmitted to be made ufe of as proof or evidence in other provinces and places: And Carolina an-

nexed « after being produced before the governor or commander in chief of this province in council as aforefaid, the faid affidavit and affidavits fhall be lodged and remain with the clerk of the council; and on all future occafions whatfoever fhall be deemed, held, and allowed as legal evidence, either for or againft the faid party in all courts and places whatever within this province ; and fuch attorney or attornies fhall alfo give fuch further fatisfaction and affurances as the governor or commander in chief and

fhall : council require Provided neverthekfs. That where any of the faid grantees or prov ;f0j thofe claiming under them during the time allowed for producing his, her, or their Abfent graatee 0V1 e grant or grants and performing the feveral other matters and things hereby required P fhall be abfent from the faid province of South Carolina, in Great Britain or elfe- v/here, that then fuch abfent perfon or perfons may be permitted to give proof of and in the premifes aforefaid, under the mayoralty feal of any corporation, or if in any* other province, then under the feal of fuch province, inftead of the oath hereby re- to in, the feal quired be made and produced under of the province of South Carolina j and in all other refpects to do and perform as is herein required of thofe who actually refide in South Carolina, a*d yet appear by attorney, any thing herein contained to the contrary notwithftanding;-

III. And be it further enacl-sd, the qualification of That upon any fuch perfon or Qualifications perfons as aforefaid for the WAds contained in any fuch grant or grants being admitted and grants allowed the and of by {aid governor and commander in chief and council, all and vvilat t'ime to be every fuch perfon and pei :ons fhall and do within three months from the time of recorded, allowing and admitting fuch qualification record his, her or their plat or plats, in the furveyor general's office, and register his or their grant or grants in the register's office and ic8 DIGEST OF THE

A. D. 1795. and alfo enter a docket thereof in the auditor's office in this province; and if any q£ No. 119. the faid grantees, their heirs or affigns or others claiming by, from, or under them fhall refufe or negle£l either perfonally or by his, her or their attorney or attornies as aforefaid, to produce his, her or their grant or grants, within the laid term of fix months as aforefaid from and after his majefty's royal approbation of this act fhall be received by the governor or commander in chief of this province for the time being,. or notified to him and publifhed in the gazette of this province as aforefaid, or either perfonally or by his, her or their attorney or attornies as aforefaid, to make proof and give fuch affurance as aforefaid, to the fatisfa£tion of the faid governor or commander in chief and council as aforefaid, with refpe£t to their qualification, to have and to hold the lands refpeclively claimed by them as aforefaid, and to cultivate and improve the fame or other lands within this province, or_to record their plat or plats, or to regifter and docket their grant or grants after his, her or their claim or qualification,

~~allowed as aforefaid within the time limited as aforefaid for that purpofe ; that then~~

All grants' de- hi any or either of the faid cafes of refufal or negle£l to do any or either of the dared void on matters and things herein and hereby required the faid grant and grants fhall be null ply with this and void, and the faid lands fo held or claimed to be held by fuch perfou or perfons ct and the ' 'declared to forfeited to and in f . refpeclively is hereby exprefsly be revefted his majefty, his heirs and fucceffors, and fhall from thenceforth be deemed held and taken

to ail intents and purpofes as vacant land, and it fhall and may be lawful to and for the governor or commander in chief of this province for the time being with the advice of the council to order warrants for furveying and to proceed to grant the fame to any perfon or perfons whatfoever purfuant to his majefty's royal commiffion and in- ftmciions for that purpofe.

Lands not ao IV. And be it further enabled, That if on producing the faid grants or any or either tually or pro- i] f {^qx^ it {]-j a appear by the plots annexed to the fame and certified by the furveyor pcilv furvcvccl to be re'.furvcy- general of South Carolina that the faid lands have not been actually furveyedand ad- ed> rneafured the lines and trees thereon not being fet down and marked according to the direction of the ufual and {landing inftruclions given for furveying and admeafuring lands and for marking the lines and returning the plats thereof, or if the faid gover^ nor or commander in chief and council fhall have any other caufe orreafonto believe the faid lands have not been actually admeafured as aforefaid or that any abufe has been committed in the furveying and admeafuring the fame, that then and in either and every fuch cafe before the faid grants are regiftered and dockettedin the offices afore-

faid, it fhall and may be lawful for the governor or commander in chief in council to order the faid lands to be re-furveyed, and every fuch tra£l of land fhall within fix months thereafter be accordingly re-furveyed by the furveyor general of this province or fuch perfon or perfons as he fhall appoint at the expenee, eofts and charges of the refpe&ive grantees or thofe claiming to hold under them, fo that the fituation and quantity of land fpecified in fuch grant may be known and afcertained, and that all frauds and abufes and other inconveniencies may be prevented.

In cafe of failure V. And it is hereby further enacted and declared, That if any perfon or perfons to re-furvey,^ grant or grants fhall appear irregular wh fe pjat or p ] ats annexed to his, her or their 1 void. arid —

LAWS OF GEORGIA. ic 9 and defective as aforefaid, or who fhall for any other caufe or reafon by order of A. D. 1765- the governor or commander in chief in council, be directed to get the lands they No- 119. claim to hold re-furveyed as aforefaid, fhall refufe, neglect, or delay to caufe and procure fuch re-furvey to be made and returned into the faid furveyor general's office within the time limited as aforefaid for that purpofe, that then and in every fuch cafe the faid grant and grants for the lands fo held or claimed to be held by fuch grantee or grantees refpeclively, and all others claiming to hold by, from, or under them fhall be null and void, and the lands fo held or claimed to be held by fuch perfon or perfons refpeclively, is hereby exprefsly declared to be forfeited to and re-vefted in his majefty, his heirs and fucceffors, and fhall from thenceforth be deemed, held and taken to all intents and purpofes as vacant land; and it fhall and may be lawful to and for the governor or commander in chief for the time being, with the advice of the council, to order warrants for furveying, and to pro- And the lands ceed to grant the fame to any perfon or perfons whatfoever, purfuant to his majefty's ~gted. royal comrriiffion and inftructions for that purpofe.* JAMES HABERSHAM, Prefident. ALEXANDER WYLLY, Speaker. James Wright. March 25, 1765.

* See act of 1773, No. ilj, enforcing the payment of taxe» on the lands mentioned in this act.

An AB for building a fort and barracks within the fame, on lands rcfervedfor the ufe of No. 120. the public near the teiun of Augufia, in the pariflj of Saint Paul ; a guard houfe in Savannah, and repairing the barracks in the fort in the tonvn of Frederics on the ifand of St. Simon; andfor granting to his majefy the fum of£6$ojler!ing to defray

~~the expence of the fame ; aIfo for empowering cwimiffioners to ijfm certificates for the faid purpofes.~~

~~March 25.~~

~~Qbfolete> - ——— .~~

~~An Acl to amend" An acl, to prevent perfons throvuing ballaft or rub- No. nt,~~

~~bi/h 9 or falling trees into the rivers and navigable creeks ivithin this province^ andfor keeping clear the channels of thefame" \~~

WHEREAS in and by an act paiTed in the fecond feffion of the fourth gene- Preamble. if ral aflembly of this province, entitled An act to prevent perfons throwing ballaft or rubbifh or falling trees into the rivers and navigable creeks within this

province and for keeping clear the channels of the fame," It is therein and thereby Ballaft, rubbifh, ensiled, That if at any time from and after the pafllng the faid act, any mafter or Jj^S^JS owner or any perfon acting as mailer or owner of any fhip or other vefFel whatfoever vers or creeks /iiui how to be re- fcalL moved. f See act of 1774, No. 230, feet. 5-. ;

~~no DIGEST OF THE~~

A. D. J 765. (hall caft, throw out or unlade, or if at any time from and after the time aforefaid, No. i2f. there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel whatfoever being or riding within any port, road, channel, river or navigable creek within this province, any ballaft, rubbifh, gravel, earth, ftone, or wreck, but above high water mark (except the fame be thrown out for the purpofe only of filling up where wharves may be erected under the banks or bluffs of fuch river or

navigable creek) it fliall and be lawful for any one or more juftice or juftices of the peace for the parifh or diftrict where or near which fuch offence fhall be committed, upon information made on oath thereof, and he or they are thereby authorized and required to fummon or iffue out his or their warrant or warrants to apprehend or bring before him or them the mafter or mafters, owner or owners of any fuch fhip or other veffel, or other perfon or perfons acting as fuch againft whom fuch complaint or information mail be made or given, and upon his or their appearance or making default in appearing to proceed to examine the matters of fact, and upon due proof made either by confeffion of the party offending, or on view of fuch juftice or juftices, or upon the oath or oaths of one or more witnefs or witneffes (which oath or oaths the faid juftice or juftices are hereby required to adminifter)

th?.t any ballaft, rubbifh, earth, gravel, (tone or wreck, hath been caft, unladen or thrown out of or from any fhip or other veffel, the mafter or mafters, or perfon or perfons acting as matter or mafters thereof fhall be adjudged, and he and they are hereby refpettively declared to be the offenders againft the faid act, and he and they being by fuch juftice or juftices (or by any of the ways or means aforefaid)

Penalty not ex~ thereof convicted, fliall forfeit and pay for every fuch offence, any fum not exceed- d" eight pounds, at the difcretion of fuch juftice or juftices, the one moiety thereof perfonf off- n mg ing. to the informer, and the other moiety thereof to his majefty for the fupport of the

. , - poor of the parifh, wherein fuch conviction fhall be pronounced. And whereas the ing inefficient fine of eight pounds in and by the faid adt impofed andfet, is found greatly deficient for preventing the evil thereby intended to be prevented

They are de- I. Be it therefore enacled, That from and after the paffing of this act, if any mafter claredfubject to OW ner or any perfon acting as mafter or owner of any fhip or other veffel whatfo- forfciture not ' r ' r _

ftone or wreck, but above high-water mark (except as in the faid act is excepted) every mafter or owner, or any perfon acting as fuch as aforefaid, fhall be deemed the offenders, and fhall forfeit and pay for every fuch offence, a fum not exceeding three hundred pounds fterling, to be recovered and applied as herein after directed.*

Chief juftice or H. And for the more fpeedy determination of offences againft this act, Be it encSred juftices affiftant £,, tj3e authority aforefaid. That information on oath being made of fuch offence before to take cogni- * . zance of offen- the chief juftice, or one of the affiftant juftices of the general court of pleas of this c« againft this rov i nce the faid chief juftice and juftices, or any or either of them are hereby re- p ; quired and directed, forthwith to iffue his or their warrant to apprehend the offender or

~~See act of 1774, No, 230, feet. 4. LAWS OF GEORGIA. in~~

or offenders, and oblige him or them to find fufficient fureties for their appearance at A. D. 1765,. No IZI< the court to beholden for that purpofe, and to abide the judgment thereof ; and in *

cafe fuch offender or offenders fhall neglect or refufe to find fuch fecurity, it fhall and may be lawful to and for the faid chief juftice and affiftant juftices, or any or either of them, to commit fuch offender or offenders to the common gaol of Savan- nah, until the determination thereof; and the faid chief juftice and juftices, or any or either of them are hereby required and directed to order and appoint a court to be held within feven days after fuch information made for the trial of the nfatter of fact, and to proceed therein agreeable to an act of the general affembly, entitled " An act for holding fpccial or extraordinary courts of common pleas for the trial of caufes arifing between merchants, dealers and others, and (hip mailers, fupercargoes, and other tranfient perfons."

III. And be it enabled by the authority afore/aid, That if any offence fhall be com- when cogniza- mitted againft this act in any part of this province, where information thereof can- bleb y juftices of

' not fpeedily be made to the chief or affiftant juftices of the general court, it fhall and how far. may be lawful for any juftice of the peace in the parifh wherein the offence fhall be committed to receive fuch information on oath, and to bind over the offender or offenders, and the informer or informers with fufficient fecurities to appear as aforefaid, and the faid juftice is hereby required to tranfmit fuch information immediately to the chief or affiftant juftices who are hereby required to proceed in the fame manner as if the fame had been made before him or them.

~~IV. And be it further enabled by the authority aforefaid, That all forfeitures incurr- Forfeitures How~~

d cd * ed by virtue of this act, fhall be one moiety thereof to the informer and the other PP" moiety thereof to his majefty for the ufe of this province, to be paid into the hands of the treafurer of the province, and to be applied for clearing, and keeping clear the rivers and creeks, within the fame.* ALEXANDER WYLLY, Speaker. JAMES HABERSHAM, Ptejdentv James Wright. March 25, 1765.

* This adf. is perpetuated by ail of 1783, No. 279.

~~An additional Act to an atl entitled " An acl tofupprefs lotteries^ and No. 1^. prevent other excejji've and deceitful gaming?'~~

WHEREAS it hath been found by experience that the above mentioned act Preamble, hath not altogether anfwered the feveral good ends and purpofee thereby intended, Be it therefore enabled^ That from and after the paffingof this act, any per- Enacled. fon or perfons whofoever, who at any time or times, fitting or fittings within the Money loft at 6 fpace of at dice, tables, or other game or twenty-four hours, by playing card's, any ^'ovefe^back games, or by betting on the fides or hands of fuch as do pray at any of the games aforefaid, or any game whatever, (hall lofe to any one or more perfon or perfons fo 112 DIGEST OF THE

A. D. 1765. playing or betting in the whole the fum or value of five fhillings lawful money of this No. I2Z. province, and (hall pay or deliver the fame or any part thereof; the perfon or perfons by the perfon fo lofing and paying or delivering the fame, -{hall be at liberty at any time within fix Liflng, within months then next following hnd not after to fue for and recover the monies fix months. or goods fo loft and paid or delivered or any part thereof from the refpective winner or winners thereof with coils by a warrant from a juftice of the peace, in nature of a warrant for Not exceeding debt, founded on this ait, in cafe the monies or effects fo loft and paid or delivered, £8 by warrant fhall not exceed the value of eight * pounds lawful of this province, of juftice of money and in peace. cafe the monies or goods fo loft, and paid or delivered (hall exceed that fum, the lofer fhall and may recover the fame from the winner or winners with cofts by action

Above that fum of debt founded on this act, to be profecuted in his majefty's general court of pleas in by atfion in the this province, to which action or fuit, no effoign, profecution, wager of law, privi- general court. lege, or more than one imparlance fhall be allowed, and in which action or fait it fhall be fufficient for the plaintiff to alledge that the defendant or defendants are indebted to him, or received to the plaintiff's ufe the monies or effects fo loft and paid, or converted the monies or effects fo won of the plaintiff to the defendant's ufe, whereby the plaintiff's action accrued to him according to the form of this act, without fetting forth any fpecial matter, and in cafe the perfon or perfons, who fhall lofe fuch money

After fix months or effects as aforefaid, fhall not within the time prefcribed, really and bona fide fue any otherperfon and with effect profecute for the moi>ies or effects fo by him or them loft and paid or may fue lor the faaie. delivered as aforefaid it fhall and may be lawful to and for any perfon or perfons by any fuch act ion or fuit as aforefaid to fue for and recover the fame with full cofts of fuit againft fuch winner or winners as aforefaid, uniefs fuch winner or winners within ten days after the winning fuch money or effects fhall re-pay or re-deliver to the lofer fuch money or effects fo won and received as aforefaid, together with fuch cofts of fuit as may have accrued before the re-payment or re-delivery of fuch money or effects, the When recover- one moiety of the money or effects fo recovered, fhall be to the ufe of the perfon or ed how applied, perfons (other than the perfon lofing) who fhall fue for them, and the other moiety to the ufe of the poor of the parifh where the offence fhall be committed, any thing in the herein before mentioned law to the contrary thereof in any wife notwithftanding.

Sellers of fpiri- II. And he it further eaacled, That from and after the paffing of this act, if any tous liquors not fell fhall fell or tofuffergaming perfon or perfons licenfed to any forts of fpiritous liquors or who in their houfes, fuffer the fame to be fold in his, her, or their houfe or houfes, or in any out houfes, &c. ground or apartments thereunto belonging fhall knowingly fuffer any gaming with cards, dice, draughts, fhuffle-boards, billiard-tables, (kittles, ninepins, or at or with any other games or implements of gaming, in his, her, or their houfes, or out houfes, grounds or apartments thereunto belonging, by any apprentice, overfeers, journeymen, laborers, or fervants, or any other perfon or perfons whatfoever, and fhall be convicted of the faid offence on their own confeffion or on the oath of one or more creditable witnefs or witneffes (exclufive of the perfon giving information thereof) before any juftice or juftices of the peace of the parifh or place where the offence fhall be committed

~~Juftices jurifdiclion now limited to thirty dollars, fee a& of 1797, No. 582. .~~

~~LAWS OF GEORGIA. 113 within thirty days after fuch offence, he, fhe, or they fo offending fhall forfeit for A. D. 1765.~~

~~No »*2 - the firft offence the fum of five pounds lawful money of this province, and for <~~

Sub f every like offence, he, fhe, or they fhall be afterwards coiryifted of, the fum of J & £> F- ten pounds to be levied by diftrefs and fale of the offender's goods by warrant from fo doing," and the iuftice or juftices before whom fuch offender or offenders fhall be- convicted, *-Jf° one moiety of which faid forfeitures fhall be paid to the church-wardens and veftry How recovered a " d t0 be ap°' parifh or place where the offence fhall committed for the ufe of the poor of the be , there, and the other moiety thereof to the perfon or perfons on whofe information fuch offender or offenders fhall be convicted, and for want of fufficient diftrefs, it fhall' and may be lawful for fuch jiiftice or juftices to commit fuch offender or offenders to prifon, not exceeding thirty days, or until the money fo forfeited fhallbe paid, any thing in the herein before mentioned law to the contrary thereof in anywife notwithftanding.

III. And be it further enabled, That this acl: fhal). be deemed a public aft, and '-Public aftv fhall be held and taken as fuch by all judges, juftices and magistrates, and in all courts within this province without fpecially pleading the fame.

IV. And he it further enabled, That this acl: fhall continue and be in force for and' during the term of fix years, and from thence to the end of the next feflion of the general affembly, and no longer.* ALEXANDER WYLLY, Speaker. JAMES HABERSHAM, Prefidenl. James Wrtgiit. March 25, I765.

* Further continued by ad of 1773 for one year, and to the end of the*, next- feffion. of tire general affembly, which was held in 1777, further continued by act of that year, fee No. 236; and finally made, perpetual by ajft of 1784, No. 2S7.

~~tf An Acl to- amend an act, entitled An aEt to prevent as much' as may be- the fpreading No. 125. of the fmall-pcx in this province ." March 25.~~

~~Olfolete,~~

~~An At! for the better ordering and governing negroes and other faves in this province^. No.-' 154, and to prevent the inveigling or carrying awayJlaves from their wafers or employers. March 25.~~

~~This a8 gave place to at! of 1770, No. 204.~~

granting to his An AB for majefy a duty on the fundry articles therein mentioned, that ,«-., nq „ fhall hereafter be importedfrom any of his majeffs colonies to the northward of the province South Carolina, of and for appropriating the money arifing therefrom in aid of the general tax.

~~March 25, Obfohte, K An 1 14 DIGEST OF THE~~

~~A. D. 1765. An Acl to extend and enforce the authority of the feveral laws there-~~

~~in mentioned to and throughout the territory lately annexed to this~~

~~province ; for dividing thefame into pari/hes, and for adding the ifland of Jekyl to the parifh of Saint James.~~

By proclama- XHEREAS his majefty by his proclamation of the feventh of October in the tion or' 1763, year of cur Lord one thoufand feven hundred and fixty-three, and comrmifion and alfo by to the governor his late royal commiflion to his excellency the governor, bearing date the twentieth in 1764 (which day of January, one thoufand feven hundred and fixty four, was gracioufly fee in the cp- pleafed \ pendix)therraj<5r, to annex to this province all that fpace or tra£t of land lying and fituate between the > of land between river the rivers Ala- Alatamaha, and the fouthernmoft ftream of the river Saint Maryj And whereas tamaha and St. difputes and difficulties may arife touching the prefent validity of the laws of this Mary is annexed to this pro- province within the faid annexed territory: Be it enacted, That from and after the vince. palling of this acl, all the laws herein after mentioned and particularized, [Many of Certain laws which being obfolete, and others Jince atled on by the legifature, it is deemed unneceffary to declared to be in full force recite them) (hall extend to, and be in as full force, power and effect, in, over and throughout the throughout the lands lying and being between the fouth fide of the river Alatamaha, fame, including all iflands with- and the moft fouthern ftream of the river Saint Mary, including all iflands within in 20 leagues of twenty leagues of the coaft, to all- intents, conftruevtions and purpofes whatsoever, as the coafl. if the faid annexed territory had been a part of this province at the time of making and paffing the fame, any thing to the contrary in anywife notwithstanding.

II. And whereas it may be neceiTary for the convenience of the inhabitants, that The fiid lands divided into pa- the lands aforefaid fhould be divided into pariihes, Be it further enabled by the authorities. rity afore/aid, That all that fpace or tra£t of land lying and being between the river Alatamaha, and the north branch of Turtle river, and from the head of the faid lad mentioned river in a north weft line, fhall be and forever continue a parifh by the

Parifh cf Saint name of the parifh of Saint David ; and from the north branch of Turtle river to the David. fouthern branch of the river Little Sittille, and from the head of the faid river Little Sittille, in a north weft line, fhali be and forever continue a parifh by the name of

Saint Patrick. the parifh of Saint Patrick ; and from the fouthern branch of the river Little Sittille, to the fouthern branch of the river Great Sittille, fhali be and forever continue a Saint Thomas. parifh by the name of the parifh of Saint Thomas; and from the fouthern branch of the river Great Sittille to the fouthern branch of the river Saint Mary, and from the head of the faid river Saint Mary in a due weft line, including all the iflands within the faid boundary, fhall be and forever continue a parifh by the name of the parifh

~~Saint Mary. cf Saint Alary.~~

III. And be it further enabled by the authority aforefaid, That the ifland of Jekyl fhall Ifland of Jekyl added to the pa- from henceforth be and forever continue a part of the parifh of Saint James. rifliefSt.Jamej. ALEXANDER WYLLY, Speaker. JAMES HABERSHAM, Prefdent, James Wright.

~~March 25, 1765. An -~~

~~LAWS OF GEORGIA. 115~~

~~" regulating taverns punch A. D. 1765, Jb% additional Ac? to an~a&, entitled An aBfor the better » " No. 127. houfes, and retailers~~

~~March 25, tj6$.~~

~~Repealed by aft of 1 791, No. 459.~~

certain term years the lot land No. t&3, An Atl to empower commiffioners to leafe or let for a of of commonly called the Spring near Savannah, and to rent the building in Savannah commonly called the Watch Houfe, and to appropriate the monies arifing therefrom,

March 25*

~~No. An AB to amend an acl> entitled " An atl to prevent private perfons from purchafng 129. lands from the Indians, andfor preventing perfons trading with them without licenfe."~~

~~March 25.~~

~~Trade with Indians is now under the direElian of the general government* See fed. conjlitutioiu~~

An ordinance for appointing Francis Lee, Efqitire, comptroller and colletlor of the country No. ijb. the port duties at the port of Sunbury ; andfor appointing Daniel Nunes, waiter,. Jor of Savannah in this province. March 25.

~~Obfolete,~~

~~An Act for the better ordering the militia of this province,, ¥.0. 131.~~

~~March 25.~~

~~Obfokte.~~

~~impojl on pipping to defray the expence keeping in An Atl for raifng a fund by an of j^ ; j, a> repair, or re-building the light houfe and pilot houfe on-. Tybee iflatid^~~

~~March 25.~~

~~Obfolete.~~

* An AB to continue feveral acls of the general ajfembly therein men- no. 13;..

~~tioned } to prevent maflers of vefj'eh from carrying off perfons in debt; to continue the feveral road acls ; and an act to preventflealing of horfes and neat cattle.~~

WHEREAS feveral ufeful and necefiary laws of this province are near expir- A& to prevent ing, Be it enabled, That an acl, entitled, An aft to prevent matters of ^"wrfng veffels from carrying off perfons in debt from this province, palled the twenty- off perfons in: -"• - . 1, debt, paffed feventh arch> a7th ^ ,

* The feveral acls herein referred to have either expired, been repealed, or. re-enacted. nU DIGEST OF THE

~~A. D. 1765. feventh day of March, one thoufand feven hundred and fifty-nine, which was to be No, 133. in force for two years from the paffing thereof, and which was amended and further A~~

~~fand feven hundred and fixty-four, to the firft day of November, one thoufand feven hundred and fixty-four, and from thence to the end of the then next feffion of the~~

~~general aflembly ; which faid act and amendments fhall be and the fame are further~~

continued from the expiration thereof until the firft day of November, one thoufand Further conti- feven hundred and feventy ; and from thence to the end of the next feffion of the ' nued until lit . !Nov. 1770. general aflembly, and no longer.

Act to empower H» And be it further enacted by the authority afore/aid. That an act, entitled " An furveyors to lay a £|- t0 empower -the furveyors therein named, to lay out public roads in the province paired 7th ' of Georgia," pafled the feventh day of March, one thoufand feven hundred and fifty- March, 1755. fivej which was to continue for two years from the paffing thereof, and from thence

to the end of the then next feffion of the general aflembly ; and by an act pafled the third day of February, one thoufand feven hundred and fifty-feven, entitled " An att for explaining and amending an act to empower the feveral furveyors therein named to lay out public roads," which was further continued for two years from the paffing the laft mentioned act, and from thence to the end of the then 'next fef-

fion of the general aflembly ; and by an act pafled the twenty-feventh day of March, one thoufand feven hundred and fifty-nine, with the alterations and amendments by the faid act made, was further continued until the feventh day cf March, one thoufand feven hundred and fixty-four, and from thence to the end of the then next feffion of the general aflembly, and which, together with the feveral alterations and amendments thereof, was by another act, pafled the twenty-ninth day of May, one thoufand feven hundred and fixty-four, and continued to the firft day of January, one thoufand feven hundred and fixty-five, and from thence to the end of the then next feffion of the general affembly fhall be, and the fame is hereby continue-d from the expiration thereof until the firft day of November, one thoufand feven hundred

~~nued until ill and fixty-five, and from thence to the end of the next feffion of the general aflembly, Nov. 1765. and no longer.~~

A<5t to prevent III. And be it further enabled by the authority afore/aid, That an act, entitled " An ftcaimgoi hor- q. t prevent: ftealinp- of horfes and neat cattle, and for the more effectual difcovery les and neat r o . » • cattle, paffed and punifhmeilt of fuch perfons as fhall unlawfully brand, mark or kill the fame," l ; jl ' pafled the twenty-feventh day of March, one thoufand feven hundred and fifty-nine, which was to continue and be in force for five years, and from thence to the end of the then next feffion of the general affembly, and which was further continued by an act paffed the twenty-ninth day of May, one thoufand feven hundred and fixty-four,

to the firft day of January, one thoufand feven hundred and fixty-five, and from thence to the end of the then next feffion of the general affembly, fhall be, and the fame * LAWS OF GEORGIA. 117 fame is hereby further continued to the firft day of November one thoufand feven No. 133. and fixty-five, Further conti- hundred and from thence to the end of the next feflion of the general * affembly, and no longer. gg %'^i ALEXANDER WYLLY, Speaker. JAMES HABERSHAM, Preftdent. James Wright. M*rch 25, 1765.

An AFt for granting to his majejly the fum of £1599 7 1* flerlingfor the ufe atidfup- No. 134, port the of government of Georgia for the year 1765, to be raijed at certain rates and after the method therein mentioned) andfor the more effeclual colhcling of arrears. March 25.

~~Obfolete.~~

~~An Ac! to prevent frauds and abufes in the admeafuring and laying No. i 3j. out his majejly's lands in this province.~~