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

;

290 DIGEST OF THE

A. D. 1784. State of Georgia in general affembly met, and by the authority of the fame, That all and No. 287. fmgular parts of acts that were in force, All laws in force the feveral acts, claufes, and and binding on 14th Maty, on the inhabitants of the faid province, on the fourteenth day of May in the year of 1776, not contrary to the con- our Lord one thoufand feven hundred and feventy-fix, fo far as they are not contrary laws, IHtution, to the conftitution, laws and form of government now eilablifhed in this State, fhall and forn-t of government now be, and are hereby declared to be in full force, virtue and effect, and binding on the eftablifhed, de- inhabitants of this State immediately from and after the paffing of this aft, as fully clared to be in full force, until and effectually to all intents and purpofes as if the faid acts and each of them, had repealed, &c. been made and enacted by this general affembly, until the fame fhall be repealed,

And alfo the amended or otherwife altered by the legiflature. And alfo the common laws of Eng- common laws land, and fuch of the flatute laws as were ufually in force in the faid province, except and certain flatute laws of as before excepted. England. II. it all fines, All fines, &c. And be further enacled by the authority aforefaid, That penalties and made payable forfeitures inflicted, or made payable by any of theaforementioned acts to the king by any of the fa id acts to the of Great Britain, are hereby directed to be paid into the public treafury of this State king, directed to for the ufe of the fame, and that all authorities given and enjoined, by any of the be paid into the public trcal'ury faid acts to any public officer, are hereby given and enjoined to fuch public officers and all authori- appointed under the conftitution or form of govei-nment eftablifhed in this State and ties given to public officers, agreeable to the fame. to be exercifed HABERSHAM, by thofe ap- JAMES Prefdent, pointed under Savannah, February 25, 1784. this government.

No. 288. An Act for fettling and afcertaining the fees to be taken by the feveral public officers, and perfons herein after named. February 25.

See atl of 1790, No. 433.

pyy^T^sCT

No. 289. An Acl for laying out tivo more counties to the ivejlivard, and pointing out the mode of granting the fame.

Preamble. HEREAS it is neceffary in order to ftrengthen this State, and for the convenience of the inhabitants, that new counties fhould be laid out and properly Enacted. fettled, Therefore, be it enacled by the reprefentatives of thefreemen of the State of Georgia, Temporary line in general affembly met, and by the authority of the fame, That the prefent temporary circumfcribing Indian hunting line circumfcribing the Indian hunting ground, fhall be marked by a line drawn grounds. The from that part of the north branch of Savannah river, known by the name of Keowee, fame particularly defined. which fhall be interfered by a line running north-eaft from the Okunna mountains, thence in the fame direction to Tugalo river, from thence on a direct line to the top of Currohee mountain, thence to the head or fource of the moft fouthern ftream of the Oconee river, including all the waters of the fame, thence down the faid river to the old line, thence along the faid line. H. LAWS OF GEORGIA. l 9 l

II. /4nd be it further enabled by the authority aforefaid, That two counties (hall be A. D. 1784. No. 289. laid out, and annexed in the form and manner following, that is to fay, beginning Two counties at Savannah river where the weft line of Wilkes county ft r ikes the fame, thence laid out. along the faid line to the Cherokee corner, from thence on the fame direction to the fouth branch of the Oconee river, thence up the faid river to the head or fource of the moft fouthern ftream thereof, thence along the temporary line feparating the Indian hunting ground to the northern branch of Savannah river, known by the name of Keowee, and down the faid river to the beginning ; and all that tract of Boundaries of Franklin. land included within the aforefaid lines mall be a county, and known by the name of Franklin. III. The fecond county fhall be bounded by a line beginning on the Oconee river AvA of Wafh- ington couniv-. where the laft mentioned line ftrikes the fame, thence along that river to where it ftrikes the former temporary line, thence along the faid line to the Cherokee corner, and from thence to the beginning : And all that tract of land included within the aforefaid lines fhall be a county, and known by the name of IVofl/ington. Perfons apply- IV. And be it further enabled by the authority aforefaidt That any perfon or per- ing; for lands in fons defirous of making application for lands in the aforefaid counties fhall prove thofe country, his, her, or their rights, either before the governor and council for the time being, to prove their rights before or one afliftant judge and two justices of the county where fuch perfon or perfons the governor, or one affiilant refide, and a certificate thereof under the hands of fuch juftices, or proof before judge and two the governor and council as aforefaid, fliall entitle the perfon or perfons fo applying jultices in the county where to a warrant for his, her, or their rights proved as aforefaid, fo as the fame mail they refide. not exceed one thoufand acres to anyone perfon whatfoever : And the governor No perfcn entitled to more requefted and empowered to proceed in the and council are hereby manner herein than icoc acres after directed for granting the fame ; and to keep a book of entries and enter therein the names of fuch perfons as may apply for warrants, and alfo the date and number of each warrant by them granted, which fliall be located to fome particular county.

And when it fhall fo happen that two or more perfons apply to a furveyor to furvey Surveyors to give preference one and the fame tract of land, then, and in that cafe, the faid furveyor fhall decide to warrants firft and give the preference to the perfon whofe warrant is firft numbered. numbered.

V. And be it further enabled by the authority aforefaid, That every citizen of this Any citizen of this or of other States State, or of any other of the United States, that fliall come with an intent to fettle fettling in iliis State, entitled (o a and form an actual refidence in this State, fliall be entitled to a warrant of furvey warrant not exceeding 1000 acres for any quantity of unlocated lands within the aforefaid counties in manner afore- in tue~faid counties. mentioned, fo as the fame fhall not exceed one thoufand acres to any one perfcn whatfoever : Provided that fuch perfon or perfons have not already taken up his, Provifo. If tliev have not- her, or their head rights, agreeable to an act for opening the land office, palled the already taken up held lights. feventeenth of February, one thoufand feven hundred and eighty-three: And fhall Offic e fees vo b« paid on application; pay the fees of office at the time of applying for fuch warrant or warrants. for warrants.

VI. And be it further enabled by the authority aforefaid, That he, fhe, or they fo Perf lis fo applying for land to pay applying* fhall pay for each and every acre granted as aforefaid, the fum of three 3/.per acre in gold

or filver coin : one fhillings moiety in 2 years, and the other in 3 * yi-arifrcm the date Exempt from purchafe money as far as iooo acres in Franldin and Wafhington ; and in other counties as of the warrant. far as head rights. See acl of 1785, No. 304, feci, 1, a. DIGEST OF THE

. D. 17S4. > in gold or -filver,. that is to fay in Mexican or Spanifli milled dollars at four No, 28a. {hillings and eight-pence each, and half Johannes's at thirty-feven fhillings and four-

pence each, and all other coins at the fame rates in proportion, the one moiety to be paid in two years from the date of the warrant, and the other moiety at the

Provifo. expiration of three years : Provided alfo, that each and every perfon mail before Bond and mort- obtaining fuch grant as aforefaid, give bond to the governor of the State for the tobejjrveg time being, and his fucceffbr in office for the confideration herein particularly fpeci- < £ lands grant' ed. fied, and mortgage upon the land fo granted. And upon full payment and difcharge of the ipecific confideration as aforefaid, each and every perfon fha!l have his, her, or their bond and mortgage delivered up, and fatisfadtion entered thereon for the fame.

Perfensfettling, VII. And be It further enabled by the authority aforefaid. That any perfon producing &c. lancfc ft) granted, h'ow to a certificate from under the hands of two juftices of the county in which he or fhe be exe-r.pt irom has fo refided, that he or fhe has actually lived on the faid land fo granted as ai'ire- taxation 3 years. faid, the whole of the preceding year, and hath cultivated at leaft three acres for

every hundred fo granted ; then and in that cafe fuch land fhall be exempted from

taxation for three years from the date of the warrant : Provided fuch certificate be obtained within eighteen months from the time of the furvey of the faid land.

ityfpryeyor VIII And be it further enacted by the authority aforefaid, That a county furveyor to be app< for each county, fhall be appointed for each county who fhall have the power of appointing affiftant with power to furveyors, not exceeding fix in number in each county. And the faid county fur- appoint 6 deptt- ties,laymgoff to veyors are hereby required to lay out and appoint a diftrict for each and every fuch each a feparate affiftant furveyor, who (hall be authorized to furvey within fuch diftricl: only, and diftrict. fhall make his returns to the county furveyor, who fhall keep a record thereof, and Lines to be>dif- tranfmit the fame to the furveyor general as the law directs j and the faid furveyors tineHy marked, and 2 {rations to are required distinctly to mark the lines round each and every tract which fhall be made on each be by them furveyed, and make at leaft two ftations on each line, except fuch lines as jine,unlefs a natural boundary. are marked by natural boundaries. Certain petiti- IX. And whereas the general afiemhly of this State in confequence of petitions oners (! the inhabitants of the Virginia, State of Virgi- from fundry State of did on the thirteenth day of Febru- nia. ary, in the year of our Lord one thoufand feven hundred and eighty-three, order that two hundred thoufand acres of land be referved to the ufe of the faid petitioners, which land v/as intended to be located in the aforefaid counties, or either of them,

and for the convenience and intereft of the individuals fo concerned, it is but confo- nant to juftice that they be permitted, and they are hereby authorized to fix on the

SBth of them as county and place wherein they would fettle. Be it therefore enabled by the authority gerfonnaliy ap- aforefaid, That fuch of the faid petitioners as perfonally apply in the manner herein ply in terms of this act, entitled before pointed out, fhall be entitled to a warrant of referve for fifteen months from to a warrar.t cf the paffing of this act ; but if at or before the expiration of that time, fuch perfon or rcfcrve for 15 months', !)ut to perfons fhall not actually become refidents of this State and remove their families, fettle and culti- their lands, vate the fame in and fettle and cultivate agreeable to the terms pointed out by this act, the mean time, then and in that cafe, the faid warrant fhall become null and void, and the faid land or (ach warrants to become void, revert to the State, and be granted to any perfon or perfons applying for, and enti- '-',, -- tled to the fame. X, -

L A W'-S Oj? GEORG I A. 2^3.

X. And be it further enacted by the authority aforefaid^ That all perfous who have :A* •£*• s ?84*, caveats depending in manner pointed out in the laft land a£t puffed at Savannah, the perfc«\aving Seventeenth of February, in the year of our Lord one thoufand feven hundred and caveats depend

S • '"? voider land .,, 1 iri , t 1 i)> eighty-three, or fetch as may hereafter have any caveats anting under and oy virtue aft of Feb. 5783 of the faid land act, fnali be at liberty to appeal from the decifion pointed out bv a!lowed t0 lP* • ,Ci" to the go- -?Aiirv 11 r F the fame to the governor and executive council : And alio, that all caveats refpecc- vemor & ccun- om v ofe i-ng the granting of lands under this a£t. (hall be entered in a book kept for that purpofe "';..^ ^ by the Secretary of the executive council and tried before his honor the governor or fha!l be no a'p- the prefident of the council, for the time being in council* who are hereby required p and empowered to proceed to decide on Such caveats in maaner and form as thej think moil conducive tojuftice, and from their decifion there mail be no appeal.

XI. And be it further enaBed by the authority aforefaid, That all the lands between the All the lands between tfie north f 1 n 1 <• • r north and fouth fork of the Oconee up to the pre lent temporarv line be,+ referved the *•'<' fouth fork of k l '- ' Oconee up to the Vnit,: lefervea i« officers, - term of twelve months for the ' feamen and foldiers who are entitled to land mouths torofoo't-.,, fcameu and ti>i- in this State by any refoive of congrefs or adl or refolve of this State »; refugees, and y . J o o ' diers, entitled By other militia excepted : And that the fame lands according to the proportion allowed ^S^'fa; w officers, feamen, or foldiers and entitled to the fame, be fully, freely, and to fuch gtite?' feaut ri! absolutely granted to them and every of them, their heirs and affigns for ever, on jl^e? osike^ '.-,..

exce ted ' application for that purpofe without any, restriction or incumberance (office fees ex- P cepted) or neceffary qualification in regard to cultivation, any thing herein contained Provifo. to the contrary notwithstanding : Provided fuch officers, foldiers or feamen fhall not by virtue of his bounty take the land in any other part of the aforefaid counties, XII. And whereas the encouragement of religion and learning is an object of great importance to any community, and muft tend to the profperity, happinefs and

advantage of the fame, Be it therefore enaEied by the authority aforefaid, That the county ; «»opo acres of

Surveyors, immediately after the paffing of this aft fhall proceed to lay out in each jn 5000 We traits county twenty thoufand acres of land of the firft quality, in feparate tracts of five each county for ; • - tiie endowment of , iri 1 r it r 1 1 thoufand acres each, for the endowment or a college or lemmary or learning, and a college, which faid lands fhall be vefted in and granted in truft to his lienor the governor, vefted In cer- for the time being, and John Houfton, James Haberfham, William Few, Jofeph tain truftees, and their iuc* Clay, Abraham Baldwin, William Houftoun, and Nathan Brownfon, efquires, and teflbrs for the ufe of the fame, their fucceffors in office, who are hereby nominated and appointed truftees for the J ..''.. with power to faid college or Seminary of learning, and empowered to do all fuch things as to them fin vacancies,,

Shall appear requifite and neceffary to forward the eftablifhment and progr'efs of the fame : And all vacancies (hall be filled up by the faid truftees. And the faid county furveyors fhall in fix months after the paffing of this acl: make return to the truftees herein before mentioned of regular plots of all fuch tracts as he fhall have laid out and furveyed by virtue of this a£h

XIII. And be it further enaBed by the authority aforefaid, That the land granted as The land fo ant aforefaid Shall be exempted from taxes. • f f f"**

XIV, .

* The governor alone empowered to try appeals on caveats by ad of 1789, No, 422. f See further referve by a& of 178,5, No, 304, fed, 10, ' 294 DIGEST OF THE

A. D. 1784. XIV. And be it further enacled by the authority afore/aid, That if any citizen o£ No. 289. Citizens of o- any other of the United States (hall apply to the juftices aforefaid, or to the governor States, how ther and executive cbuncil for the time being, and produce to them fufficient evidence of to obtain a referve warrant his, her, or their hone ft y and fidelity j and alfo take an oath that it is his, her, or not above 1000 their intention to remove, and become an inhabitant of this State, and the faid acres for twelve months. juftices do certify the fame ; then and in that cafe his honor the governor and council are hereby authorized to grant fuch perfon or perfons fo applying a warrant of furvey for any quantity of land not above one thoufand acres on referve for twelve Provifo. months: Provided neverthelefs, and it is hereby enacled, That if it fhall fo happen that any citizen v/ho may have obtained fuch a warrant of referve, and doth not actually

fettle and cultivate the fame within the time before mentioned according to the true-

intent and meaning of this act, the faid warrant fhall be and the fame is hereby made null and void, and the faid land fhall revert to the State. Ofrkers,&c. en- XV. And be itfurther enacled by the authority aforefaid, That all the officers and foldiers, titled to bounties of land lor all the officers and mariners of the navy, officers of the medical department, refu- iervices, to be gees, and citizens, who are entitled to land in this State, as bounties for their fervices, allowed 1 5 acres iti addition to in manner as above mentioned fhall be entitled to have included in their grants an each hundred in additional quantity of fifteen acres to each hundred, in full, for and in lieu lieu of exempti- of any on from taxes. exemption from taxes ; and every act, and claufc of an act, allowing fuch exemption from taxation, fhall be, and the fame is hereby repealed, and declared null and void, any thing to the contrary hereof notwithstanding. The governor, XVI. And be it further enacled by the authority aforefaid. That a land court fhall be or prefident with 3 or more opened at Augufta, on the firft Tuefday in April next, by his honor the governor, of the council to or the honorable the prefident, with any three or more of the executive council, open a land court at Auguf- for the purpofe of granting out lands under and by virtue of this act, which faid ta, for the pur- court (to be compofed of his honor the governor, or the honorable the pofe of granting prefident, out lands. with any three or more of the executive council as aforefaid) fhall continue fittings from the faid firil Tuefday in April, for and during the fpace of three months thence next enfuing, on every Monday, Tuefday, and Wednefday, of each week in the faid term, for the purpofe of granting and figning grants, and on every Thurfday and of each week in the faid term, for the purpofe of hearing caveats And to try ca- Friday under this veats under this act j and it fhall and may be lawful for his honor the governor, and the honorable acl. the prefident, with any three or more of the executive council, to fit month about, in the faid court, fo that whilft the one fhall be at Augufta, with three of the coun-

cil, holding a land court, the other fhall be at Savannah, with a conftitutional number of the council, holding and exercifing all other the executive powers of govern-

Provifo. ment : Provided neverthe/efs, That nothing herein contained fhalL. extend or be conflrued to excufe both the governor and the prefident with all the members of the executive council, from attending and being prefent when and where the legiflature fhall next meet, nor from remaining at fuch place during the feffion of the faid legiflature, purfuant to the conftitution. Governor may fign giants for all fur" XVII. And be itfurther enacled by the authority aforefaid, That his honor the gover- veys legally made Withitl die late nor be requefted to fign grants for all furveys of land that are or may be legally temporary line, without ieuleiuenc made etc. LAWS OF GEORGIA. 2 9S

made within the late temporary line, any requisition to* cultivate the fame, or law A. D. 1784.

No « 28 9- or cuftom to the contrary notwithftanding : Provided only, That fuch per.fo.ri or perfons as may apply for the fame actually refide within this State. XVIII. And be it further enacted, That all refugees, and citizens of this State, Refugees and refolve of this State entitled to land as bounty, (hall who are by any act or a and state entitled ro choofe to take the fame in either of the aforefaid counties, on obtaining the warrant bounties:—how

thereof, and paying the office fees, fhall be entitled to a grant without . and furvey fame ; n tnc faj

XIX. And be it enabled by the authority aforefaid, That every part of any act already So much of former a els as is paffed in any wife contrary to the true intent and meaning of this act, ihall be, and contrary to this. the fame is hereby repealed. . repealed Speaker. JAMES HABERSHAM, . Savannah, February 25, 1784.

* Settlement and cultivation again required. See act of 1785, No. 304, feci. 3.

An At~l to compel perfons *who have, or hereafter may receive public No. vp. money or effects, to account for the fame*

HEREAS, in the courfe of the prefent contefl between the inhabitants of the United States of America and Great Britain, very great and large fums of money have been emitted by order of the legiflature of this State, and very large and confiderable fums have been advanced by congrefs for the ufe and carried to the debit of the fame : And whereas many of the perfons in whofe hands fuch money has been depofited have refufed or neglected to exhibit their accounts and vouchers, and to account for the expenditure of the fame, notwithftanding the repeated refolves and orders of the legiflature for that purpofe : In order therefore, to compel the To compel per- defaulters aforefaid, and every of them, and all others to whom the public money fons poffeffing pud lie money either or effects of this State may have been advanced, before or fince the revolu- &c . to account

for the fame * tion, or who may be otherwife poffeffed thereof, and who ought to account for the fame, to appear before the auditor appointed or to be appointed, by or in purfuance of this act, to attend the faid auditor, and produce their accounts and vouchers and fettle the fame, and pay or deliver to the treafurer of this State the balance which

defaulter it may be refpectively due to the State from fuch ; Be therefore enabled by j-he auditor is fullv em the reprefentatives of the freemen of the State of Georgia in general ajfembly met, and by P°wer- the authority of the fame, That the auditor for the time being is hereby authorized with aud't all fuch accounts full power to collect, audit, liquidate, adjuft and fettle the accounts of fuch perfon « or perfons as have been or hereafter may be intruded with, or have or may become poffeffed of the monies, goods or effects of this State, and who may be accountable for the fame.

II. And be it enabled by the authority aforefaid, That the faid auditor of accounts After fubferib-

in an oath ' n (hall, before his entering; upon the duties of the faid office, take and fubferibe in S ° r prelence ot the . > , the prefence of his honor the governor and executive council, the following oath, governor. and 296 DIGEST OF THE

A* D. 1784. and Ins honor the governor and executive council are hereby authorized and required " No. 490. to adminifter the fame : I, A. B- do fwear, that I will truly and faithfully per- The form there- form, do, and execute, the feveral duties required of me as auditor of accounts. I will The auditor to to tne De ^ °f rn y &iM and abilities, and herein' fpare no perfon through fear, open an office, faVor, or affefticn, nor grieve any through hatred or ill will." pne clerk, and HI. And be it entitled by the authority aforefaid^ That the faid auditor is hereby to give public hefted and empowered to open an office for the purpofe of regularly receiving, place of holding auditing, and fettling the faid accounts, and may have, or employ one accurate the faaie. accountant or clerk, to affrft him in the bufinefs hereby committed to him ; and the faid auditor (hall give public notice of his appointment, and of the place where the faid office fhall be kept, by advertifement publifhed in the gazette, and -by like advertifement to be pofted up in the moft public places in the feveral counties of this

State, requiring all perfons who ought to account before the faid auditor to attend at the faid office and to produce their accounts and vouchers, and other evidence neceffary to fupport and afcertain the fame, within three months after the paffing of

lis aft : And that all perfons who have received money, goods, or effects, do attend the faid auditor, and comply with the directions of this aft, under the pains

and difabilities herein after provided ; and the faid auditor is hereby required to give fuch public notice immediately after the paffing of this aft.

^' nd be it enabled by the authority afore/aid, That the -faid auditor fhall' be, 1st books E 4 tingutfhing and he is hereby authorized to purchafe and prepare proper and fufficient books, in

* fhall all hirn fettled, therein ftf^heStitefrom w^ c ^ ie enter accounts by carefully diftinguifhing and fuch as belong feparating all fuch accounts and charges as are the proper accounts of this State

States. from fuch as belong to the account of the .United States, or any of them.

Empowered to V". .And be it further enacted by the authority aforefaid^ That it fhall and may be call before him } aw ful to and for the faid auditor, as often as cccafOn may require, to call before - - by lubpana and ..''<- .- • , , . examine on oath hirn by fubpcena any perfon or perfons who may be, or have been intruded, or all_ neceflary; charged with receiving public money, goods, or effects, or any of them, or fuch

other perfon or perfons as may or can give information on the occafion ; and fuch

perfon or perfons to examine on oath, or affirmation, touching the fame 5 which

oath or affirmation, he is hereby empowered to adminifter ; and all perfons fub- pceried as aforefaid are hereby enjoined to pay due obedience thereto, and every cafe of fuch evidence refufmg or neglecting to obey fuch fubpcena, -he fhall be fubjeft to Penalty on per- the penalty of one hundred pounds; and any perfon receiving money, goods, or * J r r Ions difobeymg °, ir r 10 / r , futh fubpcena. eftefts, as aiorefaid, and refufing or neglecting to ooey fuch fubpcena or fummons from the auditor, then fuch perfon or perfons fo refufing or neglefting fhall be liable to an aftjon of debt, or other action, at the fuit of the State, for the whole of the fum or fums of money, goods, chattels, or effefts belonging to the public^ which he ought to account for as aforefaid before the faid auditor, and fhall be for ever debarred of fetting off any charge or expenditure thereout, and from recovering any fatisfaftion for fex vices done for .the public, and fhall be rendered, and is hereby declared incapable of being appointed to, or ferving in any public office in

this State, which fhall be publifhed in the newfpaper j and the faid auditor is hereby required LAWS OF GEORGIA. 297 required to publifh the fame in the faid gazette until fuch defaulter fhall account for A» D. 1784. fuch public money, goods, or effects, and have a certificate thereof from the faid No » 2 9°- auditor, who, after fuch fettlement, is required to publifli the fame in the faid newfpaper, for the fatisfaction of the public, and the acquittal of the individual, unlefs the faid auditor fhall, before the faid term of three months be expired, certify in behalf of fuch perfon or perfons, that it is reafonable that further time be allowed to fuch perfon or perfons for exhibiting and fettling his or their accounts ; in which cafe, upon fufficient fecurity being entered by the party or parties in whofe behalf fuch certificate fhall be made, for the whole money, or other property, i'q unaccounted for by fuch perfon or perfons, his honor the governor and executive council may, in that cafe, by an entry on the journals, allow of further time as aforefaid.

VI. And be it further enabled by the authority aforefaid. That the auditor fhall not The auditor to receive any account from any perfon or perfons, as above, unlefs attefted before charge "'tereft ' on accounts due ..,.,-. . 3 magiftrate, and the auditor is hereby directed and required to charge intereft upon the State. every account for money, goods, or effects from fuch time as the principal became due to the State.

VII. And be it further enacled by the authority aforefaid. That the auditor is hereby To obtain the 10°k s erf<™-> empowered, and required to demand all papers, books, and accounts, in the hands °'P j or pofTeffion of any perfon or perfons. who may have acted as auditor heretofore by ing as auditor. appointment ; and in cafe he or they fhall refufe or neglect to deliver up fuch books, papers, and accounts, as may be in his, or their pofTeffion, then, and in that cafe, it may be lawful for the attorney general to profecute him or them, and he is hereby directed to commence an action as aforefaid, and on conviction, the offender fhall be liable to pay a fine not exceeding two hundred pounds : And. the auditor general- is empowered and directed to call for all papers that may be necefTary or requifite for fettling or adjufting any accounts that may come before him.

VIII. And be it enacled by the authority aforefaid^ That all monies recovered by Monies reco- credt0 be rild virtue of this act, fhall be paid to the treafurer of this State, he beine accountable y P for the fame ; and that his honor the governor and executive council, the State's fury. attorney, and the treafurer, and the collector or collectors of duties, or imports on p uMic officers

acc ° unt W1 ' h merchandize, be, and they are hereby required, on the firfl Tuefday in Tanuary, '° '• J J J J the auditor who . . always to deliver into the office of the auditor a full and proper account of all the is to report fpe-

l e " °.a t0 e public monies received or paid by each or either of them, with, the necefTary vouchers \ fl | and the auditor is required to examine the fame, and report fpecially thereon to the legiflature ; and the aforefaid auditor fhall keep an office, and remain therein at ieaft three months in every year, at or near Auguft a,, for the purpofe and conveniency o£ fettling the accounts of the citizens of this State. JAMES HABERSHAM, Stealer. Savannah, February 25, 1784.

F p An 2 o8 DIGEST OF THE

A.D. 1784. ^n Ac~i for the fixing .and efiablifhing court houfes and gaols, and the fixing and regulating eleclions in the different counties ofthis State,

Preamble. "^"¥" 7" HEREAS no law has as yet been pafTed for the building and erecting court ^/^r houfes and gaols, and for the fixing and eftablifhing places for holding elections in the different counties of this State, and it being now neceffary for palling of

an act to that purpofe : And whereas doubts have arifen concerning the time of open-

ing and clofing the polls of the refpective eleclions ; Enacted. I. Be it therefore enabled by the freemen of the State of Georgia, in general affemlly met,

and it is hereby enacted by the authority the That from and immediately ine^o'urt hcrofes of fame, after and gaols in the the palling this act, the court houfes and gaols for the different counties fhall be erected fhall ties—to be pla- at tne places hereafter mentioned, which be refpected as the fixed and eftablifhed of holding ces places for holding elections in the fame, that is to fay: The court houfe and gaol fhall

in the county of be erected, and the elections held in and for the county of Chatham, in the town of Chatham—Sa- Savannah ; the court houfe and gaol fhall be erected,and the elections held in and for # In Liberty— the county of Liberty, at Sunbury ; the court houfe and gaol fhall be erected, and ~^ t ^ie e ' ec ons ne^d in and for the county of Effingham, at fTuckafee Kings the 1 "iLfr^'h — ; court TuckafeeKings. houfe|| and gaol fhall be erected, and the elections held in and for the county of Burke, in the town of Waynefborough the court houfe and gaol fhall be erected, Wa efboT" ; and the rough. elections held in and for the county of Richmond, at the place where the road croffes

where the road l^ c t Little Kioka creek, leading to the meeting houfe ; and that the fuperior courts croffes Little De held at Augufta till a gaol and court houfe are built, and that elections be held at

in Wilkes—the the place fixed on ; the court houfe and gaol fhall be erected, and the elections held town of Wafh- j n and for the county of Wilkes, in the town of Wafhington. II. III. Regulating elections—repealed by act of 1789, No. 417. No reprefenta- IV. And be it enacted by the authority aforefaid, That no perfon chofen a reprefen- t0 tat ^ ve fh al i> after taking his feat in the legiflature, be appointed or authorized to hold i'ffice wkhou" vacating his any place or office without vacating his feat previous to his election; Provided^ nothing herein contained fhall extend to affect the election of the -^ hu'efefliun^ governor. No perfon enti- V. And be it further enabled by the authority aforefaid, That no public offic*er, or d a eatUn ^° " anv ot^er er f°n whatsoever, fhall be entitled to a feat in this houfe till he has *-f ^ P counted for all accounted for all public monies he may have received, and fu(?h as by any means publie monies ffed through J lis hanc | Se he may have re- * ceived! JAMES HABERSHAM, Speaker.

Savannah, February 16, 1 784.

* Removed to Riceborough by act of 1797, No. 579. f At Elhertfton, near the Indian Bluff. See act of 1787, No. 374. direction the inferior court. act fi Under of See of 1796, No. 555.

\ At Augufta. See ad of 1790, No. 441.

No, 292. j[n Acl for regulating the trade, laying duties upon all wares, goods, liquors and merchant

dizes and negroes imported in. this State; alfo an impofl on the tonnage of fhipping; and for other purpofes therein mentioned. February 26, 1784.

\ Repealed by aS of 17 87, No. $66. An LAWS OF GEORGIA. *99

An Actfor revifmg and amending the feveral militia laivs of this State. A. D. 1784.

2?3 " February 26, 1784. -.

Repealed by a3 of 1 792, No. 468.

A. D. 1785. No 2 By the reprefentatives of the freemen of the State of Georgia in - 9*-

general aflfembly, and by the authority of the fame. N

An Acl for the more full and complete ejlablljhment of a publicfeat of learning in this State, AS it is the diftinguifhing happinefs of free governments, that civil order fhould be the refult of choice, and not neceffity, and the common wifhes of the people become the laws of the land, their public profperity, and even exiftence,, very much depends upon fuitably forming the minds and morals of their citizens. "Where the minds of the people in general are vicioufly difpofed and unprincipled,, and their conduct diforderly, a free government will be attended with greater con- fufions, and with evils more horrid than the wild uncultivated ftate of nature : It can only be happy where the public principles and opinions are properly directed,, and their manners regulated. This is an influence beyond the fketch of laws and punifhments, and can be claimed only by religion and education. It fhould therefore- be among the firft objects of thofe who wifh well to the national profperity, to encourage and fupport the principles of religion and morality, and early to place the youth under the forming hand of fociety, that by instruction they maybe moulded to the love of virtue and good 6rder. Sending them abroad to other countries for their education will not anfwer thefe purpofes, is too humiliating an acknowledgment of the ignorance or inferiority of our own, and will always be the cauie of fo great foreign attachments, that upon principles of policy it is not admiffible. This country, in the times of our common danger and diftrefs, found fuch fecurity in the principles and abilities which wife regulations had before eitablifhed in the minds of our countrymen, that our prefent happinefs, joined to- pleafing'prof- pects, fhould confpire to make us feel ourfelves under the ftrongeft obligation to form the youth, the rifing hope of our land, to render the like glorious and effential fervi^s to our country. And ivhereas, for the great purpofe of internal education, divers allotments o£ land have, at different times, been made, particularly by the legislature at their feffions in July, one thoufand feven hundred and eighty-three ; and February, one thoufand feven hundred and eighty-four, all of which may be comprehended and made the bafis of one general and complete e&ablifhment : Therefore the reprefentatives of the freemen of the State of Georgia, in general ajfembly met, this twentyrfeventh

in the year our Lord one thoufandfeven hundred and eighty-five, ena^ ., day of January, of ^ ordain, and declare^ and by thefe prefents it is ENACTED, ordained, And DECLARED,

r 1

V 3oo DIGEST OF THE

A - D 1 - ^- ift. The general fuperintendance and regulation of the literature of this State, and in particular of the public feat of learning, fhall be committed and intruded to"-** A board of vifirors , V by whom com].oc_ the governor and council, the fpeaker of the houfe of aflembly, and the chief jullice nerai f.iperintend- of the State, for the time being, who fhall,' ex officio, compofe one board, ance of literature ° jj jr **»*» denomi-«^"vu4i ie feat °f nated the B°ard Vifitorsy hereby vefted with all the powers of f« °n"' tf vifitation, to fee that the intent of this inftitution is carried into effect, and John Houftoun, James d r Haberfham, William Few, Jofeph Clay, Abraham Baldwin, William imea a°nd tr Houftoun, pointed. Nathan Brownfon, John Haberfham, Abiel Holmes, Jenkin Davies, Hugh Lawfon, William Glafcock, and Benjamin Taliaferro, efquires, The two boards who fhall compofe another ted or ajl board, denominated the Board Truftees. rity of e'ch to of Thefe two boards united, or a majority of each of them mali compofe the Senatus nS'™f > Academicus of the univerfity of the univerfity. Georgia.O with power to 2d. All ftatutes, laws, and ordinances, for the government of the univerfity fhall make all ftatutes, ' ' , L , , r, , , » , . , . iaw S( etc. for the be made and enacted by the two boards united, or a majority of each of them, fubieftvk government of the ii-iiri ' J a alwa s t0 be Iaid before the general aflembly, as often as required, ever%o'tile oX" y and to be repealed of the general af- or difallowed, as the general aflembly fhall think proper.

d - Property vefted in the univerfity, Property vefted 3 fhall never be fold without the joint con- in the univerfity currence of the boards, two and by act of the legiflature ; but the leafine, farming. *>' &* never to be fold , . ° . , r r ,, „ r without concur- and managing of the property of the univerfity for its conftant fupport, fhall be the bufinefs of the board of truftees. For this purpofe they boards^ndTa are hereby conftituted a body of the legifla- corporate and politic, by the name of Trujlees of the Univerfity of Georgia, by 1116 which they mall have perpetual fucceffion, and fhall management and may be a perfon'in law, thereof for its capable to plead, and be impleaded, defend, and be defended, anfwer, and be be PO anfwered unt0 alfo to have, take, poflefs, acquire, !he board of > purchafe, or otherwife receive truftees, for lands, tenements, hereditaments, goods, chattels, or other eftatts, and the fame to C e P leafe ufe mana e or improve, for the diy tre conih - > > g good and benefit of faid univerfity, and all tuted a body property given or granted to or by the government of this State for the advancement 6 d " polkic" of learning in general, is hereby vefted in fuch truftees in truft as herein defcribed. The prefident 4th. As the appointment of a perfon to be the prefident and head of the univer-

fity is ° ne °f the firft and moft im ortant concerns, on which its tob? anointed P refped and ufefulnefs by the two greatly depend, the board of truftees fhall firft examine and nominate, but the ap- ointment of the prefident fhall be by the andtemlvTd'fn P two boards jointly, who fhall alfo have the like manner. power of removing him from office for mifdemeanor, unfaichfulnefs, or incapacity. th fhall ri>e senatus a™. 5 - There be a ftated annual meeting of the Senatus Academicus at the uni- anmlauy?' their verfity, or at any other place or time to be appointed by themfelves, at which the C by iLVe?retLyS governor of the State, or in his abfence, the prefident of the council fhall pre fide ; their records to be kept by the fecretary of the univerfity.

otb - As the affairs and bufinefs of the Aboard how to univerfity may make more frequent meetings be formed in the of the truftees neceffary, the prefident and two of the members are empowered to an- * *• mean time, if- „ omt a meeting^-riii.-i i. neceffary. P of the board, noticcalways to be given to the reft, or letters left at the ufual places of their abode at-leaft fourteen days before the faid meeting feven of the truftees thus convened fhall be legal a meeting : In cafe of the death, abfence or incapacity of the prefident, the fenior truftee fhall prefide ; the majority of the members *

LAWS 'OF GEORGIA. 301

bers prefent fhall be confidered a vote of the whole, and where the members are di- A. D. 1785. vided; the prefident fhall have a calling vote. No. 294.

Provided alwaysy That nothing done at thefe fpecial meetings, mail have any force Provifo. or efficacy after the rifing of the then next annual meeting of the truflees.

7th. The truflees fhall have the power of filling up all vacancies of their own board, The truflees

and appointing profefTors, tutors, fecretary, treafurers, fleward, or any other offi- g]7vacSies of cers which they may think necefTary, and the fame to difcontinue or remove, as their own board P they may think fit but not without feven of their number, at leafl, in \ concurring ceffary officers" fuch acl.

Sth. The truflees fhall prefcribe the courfe of public fludies, appoint the falaries Regulate the of the different officers, form and ufe a public feal, adjuft and determine the expences, ftudies, fix the and adopt fuch regulations, not otherwife provided for, which the good of the uni- Planes, &c verfity may render necefTary. 9th. All officers appointed to the inftrutlion and government of the univerfity, Officers appoin- fhall be of the chriflian religion; and within three months after they enter upon the chriftian reli- a" d ub- execution of their trufl, fhall publicly take the oath of allegiance and fidelity, and s} m ; P

"the oaths of office prefcribed in the flatutes of the univerfity ; the prefident before t ain oaths.

the governor or prefident of council, and all other officers before the prefident of the univerfity.

he offic s ftt " 10th. The prefident, profeffbrs, tutors, fludents, and all officers and fervants of f .^ ' 1 A dents and fervants / . of tl the univerfity whofe office require their conflant attendance, fhall be, and they are i? umveraty J x J e.tculed from mi- itia clu t y- a " d the hereby excufed from military duty, and from all other fuch like duties and fervices ; ; } , J J • ' * lands thereof ex- ftom taxa - and all lands and other property of the univerfity is hereby exempted from taxation, ^t* nth. The truflees fhall not exclude any perfon of any religious denomination The truflees to

whatfoever, from free and equal liberty and advantages of education, or from any of tinclion on ac- ofreligi- the liberties, privileges, and immunities of the univerfity in his education, on account coun ' ous ientiments. , , , * • r <, • r • i- • 1 • r i • rr t or his or their ipeculative Ientiments in religion, or being or a different religious profeffion.

1 2th. The prefident of the univerfity, with confent of the truflees, fhall have pow- The prefident, er to give and confer all fuch honors, degrees and licenfes as are ufually conferred in tne truftees, to colleges or universities, and fhall always prefide at the meeting of the truflees, and confer the ufual • honors. ,1 <~ r i • r ftt all the public exercifes of the univerfity. 13th. The Senatus Achdemicus at their flared annual meetings fliall confult and ad- TktSenatusAca- not only upon the affairs of the univerfity, but alfo to remedy the defects, and vife, dinner to Txer- advance the interefls of literature though the State in general. For this purpofe it cife their fuper- to obtain an acquain- fhall be the bufinefs of the members, previous to their meeting, ly^afureTn the tance with the State, and regulations of the fchools and places of education in their different parts refpe&ive counties, that they may be thus poffeffed of the whole, and have it lie before them for mutual affiftance and deliberation. Upon this information they fhall recommend what kind of fchools and academies fliall be inflituted, agreeable to the conftitution, in the feveral parts of the State, and prefcribe what branches of inflruc-

tion fliall be taught and inculcated in each : They fhall alfo examine, and recommend the iuilructors to be employed in them, or appoint perf&ns for that purpofe. The prefident 302 DIGEST OF THE

A. D. 178;. prefident of the univerfity, as often as the duties of his ftation will permit, and fome No. 394. of the members, at lead once in a year, (hall vifit them, and examine into their order and performances.

AH tl\e public 1 4th. All public fchools, inftituted or to be fupported by funds or public monies tchoolsto beconfi- derecl as members in this State, {hall bz confidered as parts or members of the univerfity, and fhall be ofdie univertiiy. under the foregoing directions and regulations.

The traftees to re- 15th. Whatfoever public meafures are neceflary to be adopted for accomplifhing commenel to the Jegiflature the ne- thefe great and important defigns, the truftees (hall, from time to time, reprefent ceffary public meafwres. and lay before the general aflembly.

All laws and or- 1 6th. All laws and ordinances heretofore pafled in any wife contrary to the true dinancescontra- intent and meaning of the premifes, are hereby repealed, and declared to be null ry to this acT:, repealed. and void.

This charter to 17th. In full teftimony and confirmation of this charter, ordinance and conftitu- he Cgned and tion, .and all the articles therein contained, The reprefentatives of the freemen of the fealed.. State of Georgia in general affembly, hereby order. That this act fhall be figned by the honorable Jofeph Habevfham, Efquire, fpeaker of the hotife of aflembly, and fealed with the public feal of this State, and the fame, or the enrollment thereof in the records of this State, fhall be good and effectual in law, to have and to hold the pow-

ers, privileges, and immunities, and all and Angular the premifes herein given, or which are meant, mentioned, or intended to be hereby given to the faid Board of Vi~

fitorsy and Trujlees> and to their fucceflbrs in office for ever. JOSEPH HABERSHAM, Speaker.

Savannah, January 27, 1 785.

No. 295. *An Acl for afcertaining the rights of aliens, and pointing out a mode for the admij/ion of citizens.

Preamble. WHEREAS the many advantages and peculiar bleffings which this State enjoys may induce foreigners to apply for a'participation thereof: And whereas it is the intention of the legiffature to confer thofe benefits on all fuch as may apply and

Enacted. do merit the fame : Be it enabled by the reprefentatives cf the freemen of the State of Alien friends on Georgia in general affembly met, and by the authority of the fame. That all free white enrolling their names in the perfons, being aliens, or fubjecls of any foreign State or kingdom at peace with the clerks office em- United States of America, who fhall regifter or enrol their names in the office of the powered to hold arid enjoy per- clerk of the fuperior court of the county where fuch aliens purpofe to refide, may be, gonal property, and they are hereby veiled with the rights and privileges of acquiring, pofleffing or andfuefor debts ike. arifingfmce holding, and felling, devifing, or otherwife difpofing of all kinds of perfonal property,, 33thju!y,i78a. and renting houfes or lands from year to year, and fhall have the right of fuing for all fuch debts, demands or damages, other than for real eftate, as may arife or have arifen fince the twelfth day of July, one thoufand feven hundred and eighty-two, either perfonally, or by attorney or otherwife, and,, in cafe of death, by his, her or their executors or adminiftrators.. * % * This power is veiled in congrefs by the conftitution of the United State** LAWS OF GEORGIA. 3°3

II. And be it enaEled by the authority afore/aid, That any alien, or fubje& of any A. D. 1785. No. foreign State or power being defirous of becoming a citizen of this State, who hath 295. Aliens how to refided at leaft twelve months in the fame, and, after the expiration thereof, doth become citizens obtain from the grand jury of the county where he refides a certificate, purporting, that he hath demeaned himfelf as an honed man and friend to the government of the State (which certificate fhall be recorded in the fuperior court of faid county) the alien or perfon fo applying fhall, before the judges of the faid court, take and fubfcribe the

following oath : " I A. B. do folemnly fwear, that I will bear true allegiance to the Oath to be taken by them. State of Georgia, and will fupport the laws and conftitution thereof to the utmoft of my power, fo help me God." Then and in that cafe, fuch perfon fhall be entitled to all the rights, liberties, and immunities of a free citizen.

III. Provided always, and be it enaEled by the authority afore/aid. That no fuch per- Provifo. No Inch perron fon (hall be a member of the general affembly, or of the executive council, or hold fhall be a meirber of the general af- any office of truft or profit, or vote for members of the general affembly, for the term fembly, hold any office, or vote for of feven years, and until the legiflature fhall, by fpecial a£l for that purpofe, enable members during the term of feveu years, and then fuch perfon fo to do : And provided alfo, that all fuch aliens or perfons aforefaid, fliall only by fpecial acl be fubje£l and liable to pay fuch alien duties as have been heretofore or may hereaf- of the leniftatnre. A nd be Tubjedt to ter be impofed by the legiflature. payment of alien duties. IV. And be it further enaEled, That no perfons on any act of confifcation and ba- No perfon on any act of cenfifcation nifhment in this or either of the States, nor any perfons who have borne arms againft and banilhment, or who have borne this or the United States, that were citizens of this or either of the faid States dur- arms againft this or the United ing the war, fhall avail him or themfelves of any of the rights, privileges or immu- States, being a citizen thereof dur- nities intended to be given or conferred by this a£t, except fuch perfons as may have ing the war, to avail himlelf of availed themfelves of coming in during the late war, under certain proclamations iffued, this act. Certain exceptions and that may have been adopted and fanclioned by the legiflature : Provided iikeivife, Provifo. that this a£t, fliall in no wife extend, or be conftrued to extend, to oblige fuch perfons who may have applied to become citizens of this State, to undergo the probation herein fet down or contained.

V. And be it enaEled by the authority aforefaid, That if any perfon or perfons under Perfons under the age of the age of fixteen years fhall after the paffing of this act, be fent abroad without the 16 refiding three limits of the United States, and relide there three years, for the purpofe of receiv- years or upwards out of the ing an education, under any foreign power, fuch perfon or perfons, after their return United States, to this State, fhall for three years be confidered and treated as aliens, in fo far as not for their education, fubject. t» eligible to in legiflature authority, or to hold any office to be a feat the or executive certain difqua- civil or military in the State for that term, and fo in proportion for any greater, num- lifications.

ber of years as he or they fhall be abfent as aforefaid, but fliall not be injured or dif-

Preamble, it is expedient neceffary for "H['1t[ 7"HEREAS and the accommodation of the inhabitants this State, the it Enadied. V V' of that a new county be laid out in fame, Be there* A county to be jore enafiecl fry f]?e reprefentaiives of the freemen of the State of Georgia in general ajjembly eaftern fide of meit and by the authority of the fame, That from and immediately after the palling ^' ls a< a t^lat tra< or diftrirft country within boundaries of this ntmt^ iw!w °^ -*> ^ -* °f the charter State, which lies on the eaftern fide of the river Miffiffippi, and is contained and comprehended in the lines, limits and defcription herein after mentioned, (hall be

and the fame is hereby declared to be formed into a. new county to be called, known and diftinguifhed by the name of Bourbon county.

"The limits and IJ. And be it further enabled, That the following mall be the lines, limits and ex-

tent of the faid is to fay, fhall fame> county, that the fame begin at the mouth of the river Yazous, where it empties itfelf into the river Miffiffippi; thence by a line to be drawn,

along the middle of the faid river Miffiffippi until it {hall interfe£t the northernmoft part of the thirty-firft degree of north latitude; fouth by a line to be drawn due eaft

from the determination of the line laft mentioned, in the latitude of thirty-one degrees north of the equator, as far as the lands reach, which in that diftri£r have been at any time relinquished by the Indians; thence along the line of the faid relinquifh-* ment to the faid river Yazous; thence down the faid river to the beginning; and the

faid county mall comprehend and include all the lands and waters within the faid, defcription,

III. And whereas, it will not be proper at prefent to open a land office, ^for the-

Rigbt of pre- purpofe of granting out the lands in the faid county, But neverthelefs it is hereby enabled and declared, That whenever that meafure mall be determined uporf by this or riverUo the citizens or certain a future legiflature, there fhall be a right of preference, agreeable to the laws of this, who m^y adhs- State, referved to any, all, and every honeit and friendly poffeffor and poiTeffors of ally live on and tne faid lands, who fhall be citizens of either of the United States, or the fubjecls faid lands. of any power that v/as friendly to the United States during the war; Provided fuch, perfons do actually live on and cultivate the faid lands, or a part thereof, and fhall apply and prefent themfelves on equal terms with other petitioners.

The price thereof IV. And be it further enabled by the authority afore/aid, That when it fhall be deter^. e C e qHarter of a ,jori"r mined on, to grant the faid lands, the price thereof ijjal'1 not exceed one quarter of per arre when granted. a dollar per acre,

Tuftkes of the V. And be it further enabled, That the following perfons, to wit, Tacitus Gilliard, peace and regif. Thomas Green, Sutton Banks, Nicholas Long, "William Davenport, Nathaniel appointed for Chriftmas, William M'Intofh, junior, Benjamin Farrer, Cato Weft, Thomas the fame. Marfton Gieen, William Anderfon, Adam Bingaman, and John Ellis, fhall be and they are hereby nominated and appointed juftices of tHe peace, and Abner Green,

regifter of probates, for the faid county ; and his honor the governor is hereby authorized and required to adminifter the oaths of allegiance, and of office, to fuch of the

* Repealed by ad of 1788, No. 386, fed*. 3, LAWS OF GEORGIA.. 305

the faid perfons as can perfonnally attend him in council, and to grant a fpecial com- A. D. 1785. No 2 6, million, directed to fuch as mall qualify before him, to enable them, or any two of " ^ them, who fhall fo attend, to qualify the others in the fame manner as they have been qualified, when they fhall repair to the faid county of Bourbon.

VI- And be it farther enabled, That the faid juftices after being duly qualified' as Trie juftices they afore faid fhall be, and or any two of them are hereby authorized and empower- empowered' "to ed to adminifter the oath of allegiance to this State, to any perfon and perfons, in- adminifter the

. • oat " 0I allegi- , , r t r 1 inn i 1 & -\ i i i < r habitants ot the laid county, who ihall not have been prolcribed by this or fome ance to this State, the in- other of the United States of America, and thereupon fuch perfon and perfons fhall to habitants . r . . .. who •be entitled to vote for and ferve as members of aflembly, or militia officers; and the may vote for and ferve s faid juftices fhall keep a lift or roll of the names of all fuch perfons as they fhall admi- J r t J members, otr^the •nifter the oath of allegiance to, and tranfmit the fame to his honor the governor as legiflature .or as be in the foon may courfe of the prefent year. Certain 'exc-p- JOSEPH HABERSHAM, Speaker.. tidfl£

Savannah^ February 7, 1785.

An Ac! to admit certain perfons to the rights of-citizen/hip, no. 297.

'HEREAS John Haupt, Peter De Bofq, Juftus Hartman Scheuber, Francis Preamble. De Block, Willim Blogg, William Finden, James Merrilies, John Wal- Certain perfons- lace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coalts, Alexander bef^the^iti- Biffet, Henry Sowerby, Gabriel Leaver ,and Francis Watlington, who have petitioned ze" biil llad this houfe to become citizens of tlvs State, previous to the paffing the citizen bill,

Be it therefore enabled by the reprefentatives of the freemen of the State of Georgia in- Admitted to all c n ts °^ Cl" general affembly met, and by the authority of thefame, That the faid John Haupt, Peter ^ jft De Bofq, Juftus Hartman Scheuber, Francis De Block, William Blogg, William Finden, James Merrilies, John Wallace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coales, Alexander Biffet, Henry Sowerby, Gabriel Leaver, and Francis Watlington, are hereby admitted to all the rights of citizenfhip,. any law to the contrary notwithftanding. JOSEPH HABERSHAM, Speaker,.

Savannah, February• ip, 1 785.

An Acl to eflablifh and regulate the infpeblion of'tobacco. Mo. 298,

February 21, 1785.

Repealed by aft of 1 79 1 , No. 457;

An AH for the regular eflablifhment andfupport of the public duties of religion : No. 299.

February 21, 1785.

Repugnant to the form of our government. Q^q Am \o6 DIGEST OF THE

A. D 1785. Ah Ad for amercing certain perfons therein named, and admitting No. 300 others to the rights of citizen/hip, and for other purpofes therein mentioned.

Preamble. HERE AS the legiflature of this State, by their refolutions, pafled in the year one thoufand feven hundred and eighty-three, and eighty-four, relieve from the pains and penalties of banifhment, as direfted by the aft of this State, for inflifting the pains of .banifhment and confiscation on perfons therein named, and directed that the names of the following perfons fhould be taken from the aft of confifcation, and placed on the amercement aft, and that fuch amerce-

ment mould not exceed twelve per centum : And whereas the prefent legiflature have agreed to take others in the like fituation from off the faid aft of attainder, viz. Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander Carter, Alexander Enafled. Rofe, and William Durgan, Be it therefore enabled by the representatives of the freemen Certain perfons of the State Georgia in general ajfembly met> and it is hereby enabled by the authority relieved from of of the pahis and the fame, That Thomas Young, Raymond Demere, jun. John Glen, Levi Sheftall, penalties of the Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, actof confifcation and banifh- James Spalding, Alexander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac ment. Delyon, Alexander Carter, and Alexander Rofe, be, and they are hereby feve-

rally relieved from the pains of the faid aft of confifcation and banifhment.

II. And be it further enabled by the authority afor aid, That the eftates, both real And their ef- ef tates real and and perfonal, of the faid Thomas Young, Raymond Demere, jun. John Glen, perfonal made Gibbons, Ifaac Heaton, Ifaac Downie, Thomas iubjeeT; to' a- Levi Sheftall, Thomas Beatty, mercement, to Robert Porteous, James Spalding, Alexander Creighton, Alexander Rofe, and be paid in 12 months. Ifaac Delyon, are hereby amerced and made fubjeft to twelve per centum : And that Andrew Johnfton, Alexander Carter, and William Durgan, fhall be fubjeft to pay

one per centum only, as an amercement, on fuch property as they may poflefs ; and

that Timothy Barnard be fubjeft only to one quarter /w centum ; the fame to be paid within twelve months to the treafurer or commiffioners of confifcated eftates, for the ufe of this State, (all perfons neglefting to pay the fame in the time limited, fhall be liable to pay double that fum) to be paid in fpecie and nothing elfe.

III. And be it further enabled by the authority aforefaid, That the faid Thomas The faid perfons permitted to re- Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Ifaac turn and to en- Beatty, Robert Porteous, Spalding, Alex- joy the rights of Heaton, Ifaac Downie, Thomas James citizenfhip. ander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander Carter, William Durgan, and Alexander Rofe, fhall return to, enjoy, and poflefs every right of citizenfhip in this State, any thing in the faid aft of confifcation to

: always, faid Young, Provifo. the contrary notwithftanding Provided That the Thomas Ray- Under certain mond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Robert Porteous, reftriclions for Spalding, Alexander Creighton, Andrew Johnfton, Ifaac Delyon, and Alex- fourteen years. James ander Rofe, fhall not be permitted to vote at eleftions, hold offices under the o-overnment, or be eligible to a feat in any of the departments thereof, until fourteen

years fhall have elapfed from the paffing of this aft : And provided alfo, That Thomas Gibbons LAWS OF GEORGIA. 3°7

Gibbons (hall not plead or.- pra&ice in, the courts of law of this State, for the faid A. D. 1785. No 3°°- term of fourteen years. -

IV. And be it further enatled* That all fupplies that have been taken from the above- frorn tbenftoTihe mentioned perfons, for the ufe of the army or payment of any of the Soldiers, fhall not to be "bro^t fhall not be brought in charge againSt this or the United States. tLVor'tlfe united V. And be it further enaEled by the authority aforefaid* That John Mullryne and [' q f Solomon Kemp, two perfons named in the faid act of banifhment, (hall be, and named in the they are hereby permitted to be and remain in this State for and during the 9 term of nYihment per- feven years, without moleStation or injury in refpect to their perfons for or on account nutted to re- of the faid act, and all and fingular the eState, real and perfonal of the faid Solomon state 7 years. Kemp, which now remains unfold by the commiffioners of forfeited eftates, fhall The eftate of So- lomon Kemp, 1 1 1 r -ii n 1 n 1 • 1 -r , i •, i be, and the lame is hereby gratuitouiiy given to, and veiled in the wife and children remaining un- fo dveft«hn his of the faid Solomon Kemp, for and notwithstanding the faid act of confifcation, or j VV '~ ' e an<* C . . lr / l it • 1 other matter or thing appertaining to the fame •* fuch property fo given to the faid dren, fubjefl to a e6t wife and children of the faid Solomon Kemp, to be neverthelefs Subject and liable to ??? § P™vjfo. part of debts : Provided neverthelefs. a proportionable any he may owe J That,' for all rr r J ' ' The auditor to give . property real and perfonal, heretofore belonging to any of the perfons aforefa id, that ^certificate to the * a o j r ' . .* 1 * K . . aroreiaid ;>erfi'»S' f;>r.i' ie amount of has been fold by virtue of the act of confifcation and attainder,' the auditor fhall, ' ' tucir piojiertylold, and he is hereby required to give fuch perfon, the former owner of the faid property, a certificate for a fum equal to the amount of the fale of fuch property. Negroes with- VI. And be it further enaEled by the authority aforefaid* That it fhall and may be out the limits of lawful for any citizen of this, or any of the United States, to purchafe and bring this State, the ro ert f er- into this State, and thereafter to hold any negro or other Have, the property of any P F y °, P perfon named in the act of confifcation and banifhment, Provided fuch negro or of confifcation

how b c ! ' j* other nave has not been fold by the commiffioners of confiscated eftates, and was , j° , J", ' ' chafed and held. without the limits of this State, at the time fuch purchafe was made, any thing in the act of confifcation to the contrary notwithstanding. VII. And whereas* William Welfcher, Malcom Rofs, James Ferre, Donald. M'Leod, William Thompfon, John Milne, and David Leion, came within the provifo of the alien act, having applied for the rights of citizenShip previous' to the paf- Certam other fing thereof, Be it therefore enaEled* That from and immediately after the paffing this _. perfons sdrmtt- ri-R/r t-. fi aft, the faid William Welfcher, Malcom Rofs, David Leion, James Ferre, Donald c d to the right °i citizenfnip. M'Leod, William Thompfon, and John Milne, fhall be, and they are hereby declared free citizens of this State, any thing in the faid alien act to the contrary thereof notwithstanding.. JOSEPH HABERSHAM, Speaker,

Savannah, February 7, 1785..

-. ———— — /

r An AB for the fecurity of foreigners who may lend money at intereft', N6. 3*1. on real e/lates.

WHEREAS the borrowing of money on intereft from foreigners may benefit Preamble-, this State, and it is but reafonable that any foreigner lending money Should he Secured on real eftates by way of mortgage, and at liberty to institute Suits for the >o8 DIGEST OF THE

A.D. 1785. the recovery of all funis, as well principal as intereft, fo loaned, Be it enabled by the No. 301. reprefentaiives of the freemen of the State of Georgia in general affembly met, and by the Enacted. authority of the fame•, That it fhall and may be lawful for every and all perfons, being Foreigners lending money aliens, to lend money at an annual intereft of feven per centum, on freehold or to citizens of leafehold fecurity, by way of mortgage, on any eftate within this State, this State, how and fuch to be fee u red by money, whether the kingdom or State of which fuch money lender is a fubject or mortgage on in any eftate, &c. alien, fhall be at peace or war with the United States, to recover, fue for, by attornies or otherwife, in the courts of this State, and, where judgment is obtained, execution fhall be awarded for the fale of fuch mortgaged premifes, for payment of

the debt and intereft due thereon, with cods of fuit, as is common with the citizens of this State, (except fuch foreigner be entitled to the right of entry or actual poffeffion of any fuch mortgaged premifes, by purchafe, or by any procefs for fore- closing any equity of redemption, by order of any court whatever) any law or cuftom to the contrary notwithstanding.

Public act. II. And be it further enabled, That this act fhall be, and it is hereby declared to

be a public acl:, and fhall be judicially taken notice of as fuch in the courts of record in this State. JOSEPH HABERSHAM, Speaker.

Savannah, February 11, 1 785.

No. 302. An Ac! for better regulating the town of Savannah and hamlets, and appointing commiffioners for regulating the town of Sunbury.

See a3 incorporating Savannah, 17 89, iVb. 430; and aB regulating Sunbury, 1 791, No. 450. February 21, 1785.

JiMJIJHl'MMlllllll

No. 303. An Atl to impofe a tax on the inhabitants of the State of Georgia, and other perfons holding

property real or perfonal therein, for the ufe and fupport of the government thereof, from

the firfl day of January to the thirty-firfl day of December, in the year of our Lord, one thoufandfeven hundred and eighty-five.

February 21, 1785.

No. 304. Jn Aft to amend and alter fo?ne parts, and repeal other parts, of the federal land acls in this State..

Preamble. it necefTary to fome alterations in the feveral "^"H" 7"HEREAS hath become make it enabled by the reprefentatives the Enacted. v ¥ ^ anc^ a£ts of this State, Be therefore of freemen of the State of Georgia in general affembly met, and by the authority of the fame, That from and after the pairing of this act, all fuch lands as remain unfurveyed, or not taken up by fome perfon or perfons, under a lawful warrant for that purpofe, in the LAWS OF GEORGIA. 3°9

the counties of Wafhington, and Franklin, fhall be, and the fame are hereby declared A. D. 1785. No. 304. the following footing, that is to fay, the faid to be, put upon lands {hall be granted Lands remain- out to any perfon or perfons applying for the fame, in the like manner, by the like ing unfurveyed in Wafhington the like rights, and under reflrictions, as are pointed out for difpofing of lands under and Franklin to the land act paifed the feventeenth day of February, in the year of our Lord one be granted out under like re- thoufand feveii hundred and eighty-three, and the fupplemental act thereto, pafTed gulation as pointed out in on the firft day of Augufl, in the year of our Lord one thoufand feven hundred and land ac~l of Fe- eighty-three, except only that the perfon or perfons applying for, and obtaining fuch bruary, 1783. Except only that lands, as far as the quantity of one thoufand acres, (hall not be liable or obliged to perfons obtain- any purchafe money or confederation for the fame, office fees only ing fuch lands pay excepted } as far as 1000 Provided notwithstanding, that, for all lands heretofore furveyed by virtue of an act, acres not liable entitled, M An act for opening the land office, and for other purpofes therein to payment of purchafe money mentioned," the owner thereof fhall pay the valuation of faid lands agreeable to faid Provifo. acts.

II. And be it further enabled by the authority afore/aid, That all other vacant lands in All the other vacant lands to the counties of Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn, be granted out and Camden {hall be, and the fame are hereby directed to be granted out in the fame in like manntr on head rights. manner as before mentioned, in refpect to the faid counties of Washington and Frank- Provifo. The perfons ap- lin, that is to fay, on the head rights gratuitoufly as far as the quantity fixed by law, plying to take and without any purchafe money or confideration for the fame. Provided alfo, that an oath.

fuch perfons fo applying fhall take the following oath or affirmation : " /, A. B. do The form thereof. folemnly andfincerely fwear, for affirm, as the cafe may be) that the head rights delivered

in by me are jtifl and true, and that I have not, nor hath any perfonfor me, or in my name, taken up or located the head right or head rights of myfamily, now appliedfor, either in this

or any other county within this State ; nor have I, or any other perfon for me, difpofed or fold thefame, fo as the head rights of my family may be illegally obtained." III. And be it further enabled, That, at any time hereafter, if any perfon or perfons Perfons acting contrary to the convicted of having acted contrary to the above oath, after having taken the fame, faid oath helkles the penalties of exclufive of the pains and penalties annexed to perjury, fball forfeit the land fo frau- perjury ; to forfeit the land fo dulently obtained, and the fame fhall be from thence confidered as re-velled in the fraudulently ob- t >ined. to State ; and that no perfon or perfons applying fhall obtain any warrant, furvey, or No warrants be iffiied hut to per- grant, unlefs for himfelfor themfelves, or for his, her, or their own family or families, fons applying for themfelves and fa- and that any perfon or perfons, who fhall obtain lands under and by virtue of this act, mily, who fhall itt ibmomhs fettle on fhall in eighteen months thereafter, fettle on and cultivate three acres for every hun- and cultivate three acres for every 100 dred acres of the fame, and in cafe of non compliance, he, fhe, or they, fhall be acres of land fo oh- tained, or be (ob- fubject to treble tax for faid lands. ject to treble tax.

IV. And be it further enabled by the authority aforefaid, That the juflices of the The juflices of Wafhington peace for the counties of Wafhington and Franklin fhall, in future form a land court, and Franklin to and fhall grant lands, try caveats, and otherwife proceed in the fame manner as the form a land court and pro- juflices do in other counties of this State •, and fhall in all refpects, have the fame ceed in like powers committed to them over the county furveyors, and others concerned in the manner as in o- ther counties. land bufmefs, as the faid other juflices have. V. 310 DIGEST OF THE A* D. 1.785. V. And be it further enabled by the authority aforefaid, That in cafe any'furveya ah furveys made have been made, or grants obtained, for any lands lying or being without or beyond and grants for **. ' ,1 v r r r 1 r 1 • n 1 1 . . lands without or the lines ot tome, one of the counties of this State already laid out, all and everv fuch beyond the lines of r ' iurvey n 11 1 r~ , •> r , , 1 a county declared or grant mail be confidered as fraudulent, and the fame is hereby declared ' ' fraudulent and ,, , . , void; perfons of- null and voio ; and the per ion or perfons making fuch furveys, or obtaining fuch ptoiecuted. grants, fhall be profecuted and punifhed agreeable to the eleventh fection of the faid No grants to be land a£t, palled on the feventeenth day of February, in the year of ' our Lord, onev ligneil till the » , _- , _» * . i * * tnouland leven hundred and eighty-three : No grants fhall be figned bâXe'rdf.Tthe till the furvey *iaS been ac^ vertêd by tne furveyor of the county, at leaft fft^rtforS'it three months after they have been rccorded h the faid county furveyor and that the Aiio^fone half Y ; furveyor be allowed one adver " ^liIIiu and two-pence for every fuch advertifement, tlfemen't? g to be paid by the grantee. VI. be it A furveyor And further enaFted by the authority aforefaid, That where it fhall appear that an furve SngadSaS^ ? y or has knowingly run acrofs another's line, or furveyed land before ther's lines, or furveyed, the laft mentioned furvey fhall be deemed null and void, and fuch furveyor liable to beforHurveyed a fine of ^l Y pounds for every offence, to be recovered by adion of debt mentioned laft in the fuperior court of the county where the faid lands fhall lie, one half whereof mal1 to tne art *oûdftch §° P 7 who mal1 inform and fue for the fame, and the other half to be r e y paid int the ublic treafui : A11 grants when regiftered in ° P - the books of the !r o - how°t(fbe 7 county recovered and furveyors agreeable to law, fhall be regiftered, not only in the name of the perfon to applied. whom it is granted, but a.lfo in the name of the perfon who then holds the fame ; and unlefs it is fo regiftered in the books of the faid county furveyor, within one year after pa fling the grant, it fhall be deemed vacant land, and be liable to be furveyed by any perfon who fhall apply for the fame \ and every county furveyor who fhall fail regifter to fuch grant within three months after the fame is delivered into his office, fhall forfeit and pay the fum of fifty pounds fpecie, to be recovered and applied in manner aforefaid, and fhall pay all damages to the party injured by fuch* jiegle£t.

VII.. be it- enabled granteforAeUme And aIfo \ That in cafe two grants fhall be given for one and' thefame tract of land, cideft 'furvey enti" each of them obtained within the time allowed by law, that in- y fug uloln a£i\n fuch cafe the eldeft furvey fhall be deemed valid in law, in fo far as to entitle the tte'la^niai^be party who made the firft furvey to an a&ion of damages againft the other,, and the land fhall tion in preference faid be fubjecl: to an execution founded on any judgment in fuch fuit in to any other claim r .. , . • 1 .. or incumbrance, preference to any other incumbrance or claim whatfoeyer. Provided, the faid fuit Such'Vuit be five » be brought within years after the date of the faid furvey, and when it fhall an- brought within • «*f-- 5 1 r rr • 1 1 yeap after the date pear by furncient evidence to a court and jury, that any perfon ' hath j-r obtained» V v «,a giauijgrant. of the furvey ; and - - v . V r r er bta 11 I n ° preference to which lands was, at the time of obtaining faid grant, fn" a «ran- ti"e" by law

veu%ecl in. any other perfon, then and in. that cafe, fuch perfon fo eJ&'hdng'fiano' offending fhall forfeit and a injured party a fum equal to coubie^fe va^e, P ? &* twice the value of faid lands, or reljnquifh or relinquilh the' the fame. Jands. a her he : VI1L And itfurther enabled by the authority aforefaid. That all. foLTTn^l re warrants* already moTij&Jyex. granted, fhall.be and the fame are hereby renewed for the term of fix months inftead; of three, as had been ^.fZf&Su heretofore ufed, bounty warrants excepted;, which fhall not om.afrfate. ^ out f £zte ^ an y t i me before they are located. 1^.

* never, Pedared to be opt of date,, is. furveyed within two years, by a&.of. i;86, No. 325. LAWS OF GEORGIA. 3 u

IX. And whereas, it is apprehended that great abufes have happened in regard to A. D. 1785.

Be it therefore enacted by the authority in future, all and every "^ - bounties, aforefaidy That _ perf s i a m perfon and perfons whatfoever, who conceives himfelf or themfelves entitled to bounty, ing bounties of

{hall lay his or their vouchers or credentials before the faid land court, where they vTuchers^efore apply for the fame, who fhall, on a full confideration of all circumftances reflecting the land court

. • • • • • for their deter- ... , r\ 1 %• 1 the petitioner, either grant or reject the application, as coming or not coming within traination; allowed one year fcope intention bounties ; and the and of the feveral laws of this State for ~ bgranting . to put in fuch no furveys of land due as bounties from this State fhall be allowed, unlefs brought in claims, and claimed within one year from and after the palling this act. X. And in order to afcertain and determine the line between the white people and The line be- the Indians of this State, Be it enacled by the authority aforefaidy That his honor the ^ e^\e ^nd the governor, by and with the advice and confent of the executive council, fhall nominate Indians. and appoint three fit and difcreet perfons on the fide and in behalf of this State, and fcertained and determined. fhall fend up to the Creek nation, and invite them to appoint perfons on their fide,* rrr In cafe the fame * • i_ 1 if f t and in behalf of their nation; which faid commiffioners on both fides mail, as foon mould be exten- as pofiible meet, and in conjunction run the faid line, agreeable to treaty, and ac- Linkkiver the cording to law, endeavoring to obtain for the white people, as large a compafs of two forks of ground as they can ; and in cafe the faid commiffioners extend the faid line as far as deemed a° re- the branch of Oconee, called the Little river, that then the two forks of Oconee, ferve to make the one made by Little river, and the other by the branch next above the fame on |?ents "^the the fouth fide of the faid river Oconee, fhall be deemed a referve to make good the continental fol- oicry Sec, engagements to the continental foldiery, and feamen and officers of the medical de- No furvey or grants, except partment of this State ; and no furveys or grants (except fuch as have been already made to the faid foldiery, feamen, and officers of the medical department) within made to thefaid the faid forks, fhall be held and confidered as good and valid, unlefs the fame fhall §J£jg^ appear to be agreeable to the terms of this a£t ; and after the faid line fhall be run be valid, unlefs aforefaid, there fhall feamen, as be one year allowed to the faid foldiery and and alftf^one yeat officers of the medical department, to make their furveys, and take out grants for allowed them their refpeclive bounties to which they are entitled within the faid referve. fhalJ be run. 1" XL And be it further enacled by the authority aforefaidy That the furveyors of Wafli- n^gTrT and™ ington and Franklin counties fhall be under the fame regulation as the furveyors of rame^egXt^na! otl,ei Wveyors - the other counties within this State. ' County furvey- XII. And be it further enabled by the authority aforefaidy That the county furveyors ors to afecrtam r 1 ii 1 1 • 1 •• 1 c - 1 1 • or each county are nereoy authorized and required to alcertam and run their relpec- their refpedtive c " untv i)nes tive county lines according to the constitution and laws of this State, except fuch as - s ; ' the cxpence # ° :. to are already ascertained, the expence whereof fhall be equally borne and discharged be borne by the wljoiafog coun* by the two counties whofe divifion line it is. JOSEPH HABERSHAM, Speaker.

Savannah , February '^2, 1 785-

An Act to admit Nathaniel Pendleton, Benjamin Porter and Matthew M'AtliJler to No, 305. plead and practice in the courts of law in this State. February 22, 1785. Private. An DIGEST OF THE 3 , 2 to transfer A.D. 1785- An AB to enable the fubjeffs of his moft chrifian majefty

No ° 6 ' - 3 is or happen to andfettle fuch of their eflates and property as fhall twenty thou- fall -within this State; and alfo to perjecl the grant of Count fund acres of land in this State, to the Vice Admiral the D'Ffaing, and to encourage the ftt lenient thereof fourteenth congrefs of the United States of America, on the Preamble. TTTHEREAS the one thoufand feven hundred and eighty, did refolve, that VV daY of January, United States to make provi- it be recommended to the legiflatures of the aforefaid aforefaid fubje&s of his moft fion, where not already made, for conferring on the agreeably to the chriftian majefty, the privilege of difpofmg and fettling their eftates and commerce between form and fpirit of the thirteenth article of the treaty of amity enabled majefty and the United States of America, Be it therefore EnaSed his mo{l chriftian met, and the the State Georgia, in general affembly French- fobjedHs by the reprefentatives of freemen of of empowered to fubjefts of his moft chriftian majefty {hall be,. b the aut], or ity of the fame, That the and difpofe of fuch of their eftates and £t, Id the and they are hereby empowered to transfer fhall de- and that the eftates and fame ropert)r as fhall happen to be within the limits of this State, are or may be deceafed, and who were not citi- hcând°rePre- property of fuch of laid fubjeas as 116 to alld beCOme the eftate zenS ° f this State bein withi " the Pj ddcend deTe'atrl-C » S ^ ^ perfon, according to the laws,. cording to the Df the heirs, and legal reprefentatives of fuch deceafed laws, &c. of _ and fuch eftate fo de- d cu{lorn of the kingdom of France relative thereto, e ^ ^ that are or mail be made fhall may be fettled agreeably to the laws AnTLh fub- fcending and of naturalization-, and that: jeftsftall enjoy relative thereto, without being obliged to obtain letters hold and enjoy, on their aforefaid fubjefts of his moft chriftian majefty fhall have, Su!eallSe F,i. the articles, of; vileges menti- immunities mentioned in faid t within this State, the privileges and ar- * *: oned in the t ~. .4 c tnereoi.. tides of treaty, treaty, according to the form and Ipint grants of twenty, And whereas the general .affembly of this State refolved,. that Grauts of 2 o no E, Count D'Eftaing, m teft ÊXtELV thoufand acres of land mould iffue to the Vice Admiral the enatled, That the- timony of their refpeft for his meritorious Cervices, Be it therefore "m *w3&r£ qualified* e and he is hereby empowered and ie £HuSt Vice Admiral the Count D'Eftaing be, the land aforefaid, and he is hereby admitted to all Svifrgeiofl'.ree to receive and hold- the grants of citizenthis state State, agreeably to the:; ûikgab liberties and immunities of a free citizen of this

conftitution. . , of. the faid land) be tt further, HI. And (to encourage and promote the fettlement fubjett of his moft chriftian majefty,, E"tt enatled, That any perfon or perfons, being a blunts how to become an inhabitant of this State, iuch who is proper jy. introduced with a defign to refidence, or in cafe of intermarriage with Jhe riRh'Sof ci°- perfon or perfons fliall, after three years tizenfhip. States, after one year's refidence, and a dtizen of this Statej or either o£ the United all the liberties, privileges taking the oath of allegiance and fidelity, be admitted to ufage or cuftom to and immunities of natural born citizens of this State, any law,, the contrary notwithstanding. JOSEPH HABERSHAM, Speaker.

Savannah, February 22, 1785.. . ft LAWS OF GEORGIA, 3 r

8 * An Acl to explain the fijty-firjl article of the conftitution, refpecling A - D - *7 ; No. 307. inteftate ejlates ; and alfo concerning marriages.

E it enabled by the reprefentativcs of the freemen of the State of Georgia in general ajfembly wet, and by the authority of the fame, That the true conftruc~l"ion and

explanation of the fifty-firfl article of the conftitution fhall be, and the fame is hereby The true con- declared to be as hereinafter mentioned, that is to fay, when any perfon whatfoever, ft ™&i°n of tl,e holding real and perfonal eftate fhall depart this life, inteftate, and without will, the conftitution. the faid eftate real and perfonal, fhall be cqnfidered as being altogether of the fame rnntidLteofper- nature, and upon the fame footing; fo that in cafe of there being a widow and tatetoLcwfider-

children, or child, they fhall draw equal fhares thereof, unlefs the widow fhall prefer the l™ nature, her dower, in which event fhe fhall have nothing further out of the real eftate fowingTiiow tqbe than fuch dower, but fhall neverthelefs receive her proportionable part or fhare Widow's dower out of the perfonal eftate ; in cafe any of the children fhall have died before the inteftate, their legal reprefentatives, that is, their lineal defcendants, if any fhall if neither wi- < ow °r c*"j* ftand in their place and ftead ; in cafe of their being a widow, and no children, | or legal reprefentatives of children, then the widow fhall draw a moiety of the tobe'diftributed a ™° n S he nex eftate, and the other moiety fhall go to the next of kin in equal degree, and f ' J of kin in equalJ . . . . their reprefentatives ; if no widow, the whole fhall goto the children; if neither degreeand their

re refentatlves « widow or children, the whole fhall be diftributed among the next of kin in equal P degree, and their reprefentatives ; but no reprefentatives fhall be admitted among collaterals further than the children of the inteftate's brothers and filters : if the father or mother be alive, and a child dies inteftate, and without ifTue, fuch father, or the mother, in cafe the father be dead, and not other wife, fhall come in on the The next of kin fame footing, as a brother or filler would do: the next of kin fhall be inveftig2ted by what rules to e by the following rules of confanguinity, that is to fay, children fhall be neareft, '"v^i^C \ parents, brothers, and fillers, fhall be equal in refpecSt to diftribution, and coufins admitted to dif- riblUive &** ihall be next to them ; the half blood fhall be admitted to diftributive fhare of the | ' in common with ; real and perfonal eftate, in common with the full blood. the full blood.

II. And be it enaBed by the authority afore/aid, That the fame rules fhall obtain in The fame rules to

. r, obtain °n granting r , . . n r • 1 regard to the granting of adminiftration or mteftates eftates, as are before mentioned, admiMidration ou ° ° imeftates eftate. . . for the diftribution thereof.

III. And be it further enaBed by the authority aforefaid, That fhould any cafe arife, Cafes not parti-

1 which is not exprefsly provided for by this act, the fame fhall be referred to, and °j ^ J J^ ,.^ determined by the common law of this land, as it hath flood fince the firft fettlement be determined. of this State, except only that real and perfonal eftate fhall always be confidered, in refpect to diftribution, as being precifely on the fame footing.

IV. And be it further enaBed by the authority aforefaid, That in all cafes of inter- In cafes of intermarriage hereafter, the real eftate belonging to the wife, fhall pafs to, and become gf^'The real veiled in the hufband, in the fame manner as perfonal property by the law of the eftate ofthe wife land cafe death of the hufband, thereafter inteftate, and without doth; and in of the e ^ ^""he huf- R r will, band.

* This act was paffed under the conftitution of 1777. See act of 1789, No. 419, on the fame fubject, adapted to the conftitution of 1789.

\ :

314 DIGEST OF THE

A. D. 1785. will, the faid eftate (hall defcend, and become fubject to distribution inthe fame man No. 307. ner as perfonal property.

Regifter of pro- V. And be it further enacted by the authority aforefaid, That the regifters of probates bates to give 30 in each county, fhall give thirty days notice in the public gazette, and by advertife- days notice of applications for ment at the court houfe in each county, of all perfons who mail or may apply for letters of admi- letters of adminiftration, before they fhall obtain the fame, on the eftate or effects nifiration, and may in the mean of perfons dying inteftate : but fuch regifter of probates, fhall or may neverthelefs, time grant tem- as in his difcretion fhall feem necefTary, grant letters to collect, and take care of, porary letters to collect and take but not adminifter on the eftate and effects of the faid deceafed, during the faid care of the eftate thirty days, after taking good and fufficient fecurity from the perfon or perfons to whom he fhall grant the faid temporary letters.

Marriages hereto- VI. And whereas divers perfons have been married by juftices of the peace, and fore contracted before juitices, etc. minifters, or preachers of the gofpel, Be it therefore enabled, That fuch marriages ratified aad con- jufti- have been heretofore contracted by any perfon and perfons, before or by fuch firmed ; and as ces of the peace and minilters em- juftice, or minifter or preacher of the gofpel, are hereby ratified, confirmed, and powered after 3 itays public notice allowed as valid in law, from the time of the folemnization thereof ; and ail juitices or by licenfe from die governor *r of the peace, duly qualified, minifters or preachers of the gofpel in this State regu- reg ill er of probates to join perfons in larly ordained, fhall, and they are hereby empowered and authorized, after public matrimony. notice of eight days being given, or by licenfe of his honor the governor, or regifter of probates, to marry any perfon or perfons enabled to enter into marriage contract: Such perfons And if any fuch juftice, or minifter or preacher of the gofpel, fhall marry any marrying any «oaple without couple without fuch public notice, or authorized by licenfe from the governor, or public notice or regifter of probates, fo to do, he fhall on conviction, forfeit five hundred pounds licenfe fhall for- ufe of this State. feit £500. fterling, for the JOSEPH HABERSHAM, Speaker.

Savannah, February 2-2 , 1785.

No. 308. An Ordinance for aftertaining the fpecie valu? of Georgia treafury

certificates, and bills of credit ijfiued by the State fince the commencement of the late war.

The auditor re- E it ordained by the reprefentatives thefreemen the State Georgia in general quired to audir all of of of trrafury certifi- met, and by the authority the That the auditor for the cates according to affembly of fame,. time the Icale of depre- being, is hereby authorized and required to- audit all treafury certificates ifTued ciation and to give by the owner a certi- the of this State, according fcale ficate for the fpecie authority to the of depreciation and date of faid certi- value. ficate, and give the holder or owner,., a certificate for the fpecie value thereof, agree- ble to fuch calculation.

To take in all pa- II. And be it further ordained, That the faid auditor fhall be,- and he is hereby per bills of credit 2nd to (jive fpecie required to take in, and receive all paper bills of credit that have been emitted fince certificates at the rate of 1000/. paper the commencement of the late war, and to give the perfon who may deliver in the for i/. fpecie. fame a fpecie certificate, to be calculated at the rate and depreciation of one thou-

fand for one, that is to fay, for every thoufand pounds of fuch bills of credit fo emitted LAWS OF GEORGIA. 315 emitted, (hall be given and allowed a certificate for one pound fpecie. Provided A. D. 178J. 3 ° ' That all fuch treafury certificates and bills of credit fhall be delivered "' neverthelefs, > to the auditor within fix * months from the date of this ordinance, And provided in \Q^^ r Provifo. alio* that fuch treafury certificates, or an account thereof have been delivered to J . Treafury certi- the executive, agreeable to a former refolve of the legiflature in that cafe made and fi cat es being transferred, the provided. And when it fhall appear that a treafury certificate hath been negotiated, or transferred from the firft holder, then and in that cafe, the prefent owner of fuch be calculated

the evidence of one difinterefled perfon, make it appear at what certificate, fhall by fgr^iffuchHme time he or fhe received fuch certificate, the depreciation thereon fhall be calculated beunknownthe e a accordingly, and in cafe he or fhe cannot make it appear, the faid certificate fhall he a^; te j as tills audited in like manner as the bills of credit of this State. of credit. JOSEPH HABERSHAM, Speaker.

Savannah , February 22, 1 785.

* Further time allowed by act of 1786, No. 339, feci. 6.

An Ac~l for eflablifhing courts in Franklin and Washington counties^ no. 309. and to appoint juftices of the peace for faid counties,

WHEREAS it is expedient that the full adminifiration of juflice fhould be Preamble. adminiftered in the two new counties of Franklin and Wafhington, and ^ n a e ' that a fuperior court be eredled therein, Be it enabled by the reprefentatives the free- . of c erfonc men of the State of Georgia in general affembly met, and by the authority of the fame, appointed jufti- That Benjamin Cleveland be fenior, John Gorham, Larkin Cleveland, JefTe Walton, S^cotJ^S Thomas Payne, JefTe Franklin, Walker Richardfon, Nathaniel Martin, John Barton, Franklin.

and Lewis Shelton, Efq'rs. be juftices of the peace for the county of Franklin ; the

four firft to be affiftant juftices of the fame, who in cafe of abfence of the chief juftice, are empowered to hold a fuperior court, at the houfe of § Warren Philpot, in faid county, the next Tuefday after that of Wafhington and that his honor 5 the J^n ^^hlld governor be required to empower Thomas Payne, Efq. to qualify faid juftices, toge- at the houfe of arreD P° ther with the clerk and fheriff, who are legally elected for the aforefaid county. *

II. And be it alfo enabled. That Thomas Napier be fenior, Robert Chriftmas, juftices ap- Zachary Phillips, William M'Gehee, John Cobb, John Rutherford, John Barklev, F*;ntedforWa - ftlingtOIl COMltY TT 1 T • fl 1 TT rr>1 TT-11 TTTM1- TT. • 1 T 1 TIT T Hugh Irvin, Samuel Harper, 1 nomas Hill, William Daniel, John watts, James Bowie, John Otrey, andF rancis Tennill, Efq'rs. he juftices of the peace for the

county of Wafhington ; the four firft to be affiftant juftices of the fame, who, in

cafe of the abfence of the chief juftice, are empowered to hold a fuperior court at superior court held or or near the place commonly called the Buffalo f ponds, on the Tuefday three weeks t0 be ^

after the time appointed for holding the ^courts in the county of Camden ; and that called thtBuffa-

his lo Pem3s-

§ To be held at Benjamin Acles's. Sec act -of 1787, No. 374. t To be held at Thomas Jones's, on Williamfon's fwamp. See ad of 1786, No. 354. 3i<5 DIGEST OF THE

A. D. 178$. his honor the governor be required to empower Thomas Napier, Efquire, to qualify No. 309. faidjuftices, together with the clerk and fheriff, who are legally elected for theafore- faid county.

JOSEPH HABERSHAM, Speaker. Savannah, February 22, 1785.

No. 310. An AH to auhorize the auditor to liquidate the demands ojfuch perfons as have claims againjl the confifcated ejlates, andfor other purpo-

fes therein mentioned. .

Preamble. "^"^T 7" HERE AS there are many perfons who have juft demands againft the eftates \ y of thofe who are named in the act of confiscation and attainder, which on Enacted, principles of juftice ought to be paid or fome way provided for, Be it enabled by the

Mc^iv,e"i4uMateS reprefetitatives of the freemen of'the State of Georgia in general ajfembly met, and by the n cm, ffiiated eiia^l! authority af the fame, That the auditor for the time being, (hall be, and he is hereby Sepiwuuiwf^id authorized and required to receive all demands againft the confifcated eftates, or tnte cer tifUte°for the either of them, on judgment bonds, or notes, and to calculate the depreciation and amount das. intereft thereon, and give the perfons to whom fuch monies are due a certificate thereof. And all thofe who may have claims againft either or any of the confifcated claims on open ao eftates on open accounts, fhall produce and deliver in the fame to the auditor within hi"" ih'fljwmitaj nine months * with fuch evidence as would be neceffary to eftablifh the fame in a iuacoart of Ja«, court of law, and the faid auditor fhall then examine and audit all fuch accounts fo to be audited in . . ~ , , r i 1 1 i like maimer. authenticated, and give a certificate tor the balance due.

He fhall liqui- II. And be it further enabled, That the auditor fhall in no cafe decide on demands

*" a a i n ft tne a 'd confifcated eftates, for any trefpafs or perfonal wrongs, but fhall debts oaf ,-, g liquidate bona fide debts only.

be it enaBed by the authority aforefaid, That the oiled MfceS HI. Awl further time mentioned thfm^fetyofp^ and contained in the releafing act, for paying the moiety therein fpecified of the pur-

'cLTififcaKd^Vo- chafe money of confifcated property ; and alio the time mentioned and contained in y officers as fpecie in The 'time for re- tne f^d a&> f°r receiving demands payment of fuch property deraamisasêcie. wfecH certified as therein required ; and alio the time limited in faid aft, for funding audited accounts or certificates, and taking out certificates of a new denomination fo^fu^g^dh- 5 zn l&ewife the time mentioned and contained in any of the land acts for And^m^viYe the ^ receiving n ne certificates, in payment of the purchafe money of unloeated amf oT the ilnd audited lands, as well aud^fedêrrificlrel &* tne °^ as m îe new counties within this State, fhaU be, and the faid times for

jorat'ed'iandf; ex", the faid feveral purpofes above mentioned are hereby declared to be extended and pro- fromyaSing ^ longed for one year, from and after the paffing of this act, under the feveral reftric- tions and regulations laid down and contained in the faid acts refpedtively.

Governor and JY. And be it further enabled by the authority aforefaid, That it fhall and may be

ered to order lawful for his honor the governor, by and with the advice of the honorable the fales of confif- executive council, and they are hereby required to order and direct the commiflioners

audited certifi- of confifcated eftates, to fell and difpofe of any forfeited lands now remaining unfold cates wholly. £or * Further extended by a& of 1786, No. 339, fed. 1. OF GEORGIA, LAWS 3 l 7

A. for audited or funded certificates, wholly, fo as to redeem as many of fuch certifi- D. 1785. No. 310. : Provided certificates in cates as may be fuch be brought within one year after fuch To be paid wi'Iiin one year otherwise purchafe made, or otherwife the faid purchafe money to become fpecie ; And alfo to be paid infpecie. The the party purchafing do give good bond fecurity ptirchafir provided, and agreeable to law for giving bond and ftcurity agreeably the faid purchafe money. to law.

V. And be it enabled by the authority afore/aid, That when it fhall fo happen that Perfbns didati'fied may appeal from any perfon is diffatisfled with the determination of the auditor, on his or her demand the determination of the auditor to againft any of the faid eflates, fuch perfon or perfons fo diiTatisfied may appeal to the the fuperior souit. fuperior court of the county to which he, (he, or they belong, fuch appeal to be carried on folely at the expence of the party appealing, and the auditor fhall give a certificate agreeable to the verdict on fuch appeal.

VI. And be it further enacted, That the auditor fhall require fatisfaclory proof The auditor fha!l require like proof on oath, both in refpe£t to debits and credits, in fupport of any claims that may be in fupport iifclaims as.ainlt conlifcated made againft the confifcated eftates, in the fame manner as he now doth in fupporc eilates as in other claims. of other claims againft the State. Provided neverthelefs, and be it enabled by the autho- No judgments obtained on bonds, rity afore/aid, That no judgments obtained on bonds or notes given, or any debts by etr. or debts contracted during any other way contracted during the Britifh ufurpation fhall be received or Britifh ufurpaciort {hall be allowed. allowed.

VII. And be it further enabled, That all perfons having demands againft the confif- Perfons having cated eftates, or either of them to liquidate, fhall in the firft inftance take the follow- demands to li- " quidate to take ing oath before the auditor ; I A. B. do folemnly fwear, that the demand I have an oath before the auditor. exhibited to the auditor againft C. D. is juft and true, and to the beft of my know- Form thereof. ledge, I have not received any part of faid demand, nor do I know he has any demands againft me for which credit fhould be given him. So help me God."

VIII. And be it further enabled, That the commiffioners of confifcated eftates fhall CommiiTioners of confifcated eftates be and they are hereby required to immediately furnifh the auditor with the amount to furnifh the auditor with aincnnt of fales of the fe- fales of each and every of the confifcated eftates and the faid auditor is hereby in- ; veral eftates, who fhall allow ftructed required give certificates the demands againft eftate not and not to on any con- chins to a greater amount. fifcated to a greater amount than the amount of the fale of fuch eftate.

IX. And be it further enabled by the authority aforefaid, That his honor the gover- The "governor and council may nor and executive council fhall have power and authority (upon a previous valuation order fales to a- being had on oath by any three freeholders) to order fales to be made of confifcated mount of £1500 for a contingent property to the amount of fifteen hundred pounds fterling to be paid into the trea- fund. fury as a contingent fund for the more immediate emergencies of the State.

JOSEPH HABERSHAM, Speaker.. , Savannah, February 22, 1785,

An 3 i8 DIGEST OF THE • A. D. 1785. An Ail to render eafy the mode of conveying lands > and for making No. 311. valid all deeds and conveyances herefore that may be deficient in point ofform.

Preamble "W"'? 1THEREAS many deeds of bargain and fale, and other deeds of feoffment or f V conveyances, have been made, which have not been enrolled, or livery and feifin had, or may be deficient in point of form, when it was the legal intent of the EnaScd. party to fell and lawfully convey the fame, Be it enabled by the reprefentaiives of the No deed, &c. of freemen of the State of Georgia in general affembly met, That no deed of feoffment, bar-

ments hereto- E^'m and fale, and deed of gift, or other conveyance of lands or tenements whatfo- fore made (hall ever, heretofore made, fhall be impeached or fetafide, in any courts of law or equity,

want of form, for want of form, or livery and feifin, or enrollment, or for any other defect in the livery andfeifin, form or in the manner of the execution of anv fuch deeds or conveyances, either in | J or enrollment. , . '- . .' the nrft deed, or in any of the mefne conveyances derived therefrom, fo that the right were and would have been in the perfon or perfons conveying, if fuch defects had not happened in fuch conveyances, or in the manner of the execution of the fame as aforefaid.

Deeds of con- II. And to the end that fuch evils may be remedied in future, Be [it enabled by veyance oi- ianas ^g ^///ZwvVv aforefaid. That all deeds of conveyances, by way of bargain and fale,

cuted and prov- bona fide, of lands or tenements, and executed under hand and feal in the prefence of two or more witneffes, and a valuable confideration paid, that are proved or acknowledged before a juftice of the peace, or before the chief juftice, or one of

To be recorded the affiftant juftices, and the faid deed is regiftered by the clerk of the court in the the cl rks "L f county where fuch lands or tenements lie, in a book by him to be kept for that f county where purpofe, within twelve * months from the date of fuch deed, for which he fhall fuch lands he rece j ve four-pence per copy fheet of ninety words; then, and in that cafe, fuch

monthsfrom the deed of conveyance by way of bargain and fale fhall be, and the fame is hereby

*teo t e ee . cj ec ] arej to be, good and valid in law and equity, according to the true intent,

the fame. conftru&ion, and meaning thereof: Provided neverthelefs, that nothing herein con- Provifo. tained fhall extend, or be conflrued to extend, to prevent any perfon or perfons who fhall prefer the former mode of conveyance by way of leafe and releafe, from ufing the fame, or in the leaft to impeach or difcontinue that form of conveyance, where the fame fhall be preferred by the parties contracting as aforefaid, on condition only that the faid deeds of leafe and releafe hereafter to be made, be duly regiftered in the

county where the lands lie, within one year from and after the date of fuch deeds.

Renunciation of V^? -^- nt^ m ca^e °^ dower, Be it further enabled, That any fuch deed of convey- dower, how ance f i an j s Qr tenements, in which a feme covert may be interefted, by dower or otherwife, and that fachfeme covert doth voluntarily, with her hufband, agree, and fign, feal and deliver, before lawful evidence, fuch deed of conveyance of any lands •or tenements as aforefaid, and alfo before the chief juftice, or any juftice of the peace, on private examination, doth acknowledge and agree that fhe did, of her own free will and accord, fubferibe, feal, and deliver the faid deed, with an intention thereby fo

* By act of February, 1788, No. 387. The time for recording deeds, &c. for lands and tenements is extended two years from the date of that act, which is revived and the time further extended by act of December, 1790, No. 438, feet. 14, until ill February, 1793. Thisact hasfroce been left to operate. LAWS OF GEORGIA. 319

A. D. m renounce, give up, and for ever quit claim to her right of dower and thirds of, 1785. No. 311. to, and to the lands or tenements therein mentioned, then, and in that cafe, fuch deeds of conveyance, or bargain and fale of lands and tenements, fhall be held, deemed and confidered, according to the conftruclion and meaning thereof, to be good and valid in law and equity, and (hall be, and is hereby declared to be a free, full, and abfolute renunciation of dower and thirds, any law, ufage, or cuftom, to the contrary notwithftanding. IV. And be it further enabled by the authority afore/aid, That all bonds, fpecialties, Bonds, fpecial- writing, fhall be letters of attorney, and other powers in which produced in any court, f attorney exe- before any juflice, in this State, the execution whereof being proved by one or c utetl in other or , more of the witneffes thereunto, by affidavit or folemn affirmation in writing before be proved in any governor, chief juflice, mayor, or other juflice, of either of the United States, thls< 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 State, court, city, or place*, where the faid bonds, letters of attorney, or writings are proved, fhall be taken and adjudged as fufficient in law as if the witneffes therein named had been prefent ; and fuch certification (hall be fufficient evidence to the court and jury for the proof thereof; Provided, that in every fuch affidavit or affirmation, there fhall be expreffed the addition of the party making fuch affidavit or, affirmation, and the particular place of their abode.

V. And be it further enaEledy That all fales or conveyances of lands, tenements', Sales of land by hereditaments, which fhall hereafter be made by virtue of any -letters or powers of neyVuty pr°v- d> d<*te?ed to attorney, duly executed, which do* or fhall exprefsly give power to fell all lands or ? other eftates, and be certified to have been proved as aforefaid, or fhall be proved in feclual in law. this State, before any juflice ofthe- peace, by one or more of the witneffes thereunto, fhall be good and effeclual in law, to all intents, conftruelions, and purpofes what- foeverj the fame as if the faid conftituents had, by their own deeds and conveyances,^ actually and really fold and conveyed the fame: Provided ahvays, That no fale of Provided fuch

' tiles be mad<: 1 1 r r 1 r , .. r r t lands, made by virtue of fuch power or powers or attorney, or agency, as aforefaid, prior todue no- Uce of revoca fhall be good and effectual, unlefs fuch fale be made and executed while fuch pow- ; - . tion or de:nh of

1 f ersare in force* and all fueh powers fhall be accounted, deemed) and taken to be in th« confikuenr, force, Until the attorney or' agent fhall have due notice of a countermand,- revocation or death of the constituent.

VI. Be it further enafted by the authority aforefaidj That it fhall and may be lawful Papers loft dur- for any perfon or perfons, whofe titles, bonds, notes, books of account, receipts how to be ef?a- and -papers, touching his, her, or their-eftate and property, may have been- loft or khfhed.. deflroyed during the late war, who fhall produce a paper writing, purporting to be a-copy, or as near; a copy-of the original paper fo loft or deflroyed as aforefaid, with full or oireumftantial proof of the fubftance thereof,- and of his, her- or their title- thereto,, and fhall lodge the fame in the office of the clerk of the county where fuch' perfon refides, or where lands are in queflion is fituate, and fhall notify by public gazette of this State, that fuch perfon or perfons intends to eftablifh fuch deed or

J paper, that thea it fhall -and may be.lawful, and in ;cafe no fufficient objection fhail b&; 3;20 DIGEST OF THE

i\. D. 1705. be made, for the fuperior courts in each county to eftablifh the title and right of fuch No* in, perfon or perfons to the property alluded to, by the teftimony and papers offered to the faid court, and be dee.med as good evidence in law, fo far as to give the party

applying a good right and title, until a better fhall appear and be matle out to the fa- ' tisfaction of a court and jury, within the time limited by the act of limitation. JAMES HABERSHAM, Speaker.

Savannah, February 22, 1 785.

No. 3 IS. An Ordinance for empowering commiffioners to fix on a place convenient for a feat of government, and to ereel public buildings thereon.

CommiffionHrs E it ordained by the representatives of the freemen of the State of Georgia in general named and ap- met, and by the authority the Nathan pointed toiixon affembly of fame, That Brownfon, Wil- a place for eftab- liam Few and Hugh Lawfon, Efqrs. (hall be commiffioned and appointed, and lifhing the ieat majority are hereby of government, they, or a of them, authorized and empowered, to proceed and and the univer- fix on a place, which they may think moft proper and convenient, for erecting of fity. Provifo. public buildings, and eftablifhing the feat of government and the univerfity ; Pro- And are author- vided the fame fhall be within twenty miles of Galphin's old town ; and the faid ized toappropri- ate public lands commiffioners are hereby authorized to appropriate any public lands, or to purchafe, purchafe,not or or otherwife procure, in behalf of the State, a tract of land for that purpofe, which exceeding loco acres for that fhall not exceed one thoufand acres, and to lay out a part thereof in lots, ftreets, and purpofe, to be alleys, which fhall be known by the name of Louifville : And, after referving a fuffi- laid out in lots, &c. and named cient quantity of land for the date houfe, univerfity, and other public buildings, to Louifville. fell the remainder of the lots, or fo many as they fhall judge moft conducive to the After referving

a fufficient num- public intereft ; and alfo to fell the government houfe and lot in the town of Savan- ber for public the arifing the fale of the faid lot fhall ufes the remain- nah, and money from houfe and by them be der of the lots applied to the fole purpofe of paying for the aforefaid land, and erecting the faid with the government houfe public buildings : And the faid Nathan Brownfon, William Few, and Hugh Lawfon, Savannah to in or a majority of them, are hereby vefted with full power to bargain, fell, and con- be fold by them and the money vey, the faid government houfe and lot, together with the lots in the faid town of applied in pur- Louifville fo as aforefaid, to be laid out with the appurtenances, and take bonds in chafing the land and erecting the their own names, and to their fucceflors in office, and, on receiving full payment, public buildings to convey to the purchafer or purchafers thereof, and make a fufficient title in fee fimple to the fame, which fhall be held and confidered as good and valid in law or equity.

II. And be it further ordained. That the faid commiffioners fhall, before they enter The laid commiffioners to on the bufinefs aforefaid, give bond and fecurity to his honor the governor, for the give bond and performance thereof, in the penalty of fix thoufand pounds, and fhall, before fecurity to the due governor, and him, take the following oath, " I A. B. appointed a commiffioner to fix on a place take an oath. The form there- moft convenient for a feat of government, and for erecting public buildings thereon, .of. do folemnly fwear, that I will faithfully difcharge the duties required of me by law, to ,

LAWS OF GEORGIA. 321 to the bell of my fkill and judgment, for the intereft of this State, and the conveni- A. D. 1786.

ence of the inhabitants thereof. So help me God." And the faid commiffioners fhall re- And torecefve

- r • r t • 1- i o. 1 r • • i 1 1 r conipenfjiion, not ceive compeniation for their expences while on actual iervice, provided the lame exceeding tw«doi-

, per day each , 1 11 11 Iws does not exceed two dollars each day. while on a&uai

III. And be it ordained by the authority aforefaid, That the place of the meeting of Augufti to be the the legislature, the refidence of the governor, the fecretary, treafurer, furveyor mem until the general, and auditor, {hall be at Augufta, until the (late houfe and other public build- mail Be ereaed at ings fhall be erected, and the next meeting of the legiflature thereafter (hall be at Louifville. WILLIAM GIBBONS, Speaker.-

Auguftay January 26, 1786*

aatTJggfig

An Ac! to regulate the tolls, to be taken at mills. No. 313.

E it enacted by the reprefentatives of the freemen of the State of Georgia , in general B affembly met, and by the authority of the fame, That all owners or occupiers of Toll to be talc mills, ihall well and fufficiently grind, or caufe to be well and fufficiently ground all not" to exreed clean and dry grain brought to their mills, and in due turn (as far as five bufhels) as one eighth part. the fame may be brought and may take for toll one eighth part thereof, and no

more : And every owner or occupier of a mill, who fhall not well and fufficiently grind, or caufe to be well and fufficiently ground as aforefaid, (unlefs in times of drought or other fufficient caufe, of which the juftice may judge) or not in due turn,

or take or exact more toll, fhall, for every fucii offence, on proof thereof by one or Owners to forfeit jc/formif- more credible witnefs, forfeit and pay a fum not exceeding fifteen fhillings, to the party injured, recoverable with cofls,. before a juftice of the peace of the county

where fuch offence fhall be committed : Provided always, That every owner or occu* pier of a mill may grind his or her own grain at any time. WILLIAM GIBBONS, Speaker,

Augufta, January 26, 1 7 85.

An Act to indemnify Alexander Semple and Henry OJhorne, quires, having acled Ef for as n .. i I4, jufices of the peace in the counties of Glynn and Camden, and the faid Henry QJborne,, as colleElor of duties therein, under, an appointment of the governor and council. January 26, 1786.

Private.

An Ordinance for the pardon and indemnity of Mary Piatt, No. 315. January 30, 1786'.

Private.

S. S: Ail ?A . OF THE 3 22 DIGEST

A. D. 1786. An AB to improve the navigation of Brier creek, from Rea's old Cowpen to ihe mouth No. 316. thereof. January 30, 1786.

Repealed by acl of I ^ go, No. 443.

No. 317. An Ordinance for the pardon of John Bryce. January 30, 1786.

Private.

No. 318. An Ordinance to vejl certain lots in Mrs. Ann Bard. January 30, 1786.

Private.

No, 319- An Acl to revife the lavus for regulating the ports of Savannah and beloiv the toivn that Sunbury ; for clearing the river Savannah^ of Saint Ca- name ; andfor building a light houfe at the entrance of tharine's Inlet] and a fort on the ifland of Cockfpur or Tybee.

in the town of Savannah, public lots in si-" XIII. A ND be it further enaBed, That the public lots {hall be and the fame are hereby COITU-™%££tfo-- /"V the government houfe and lot excepted, far asS CO Ieafea the this for the i[a'me untii a free vefted in the hands and direction of the commiffioners appointed by a& Jell >r erecteci, only fo far as relates ihai'i" be purpo fes mentioned for the port of Savannah as aforefaid, and and then abfolute- r I .„„,, i n/lllLrxj i veiieii in r„ch or college ihall be erected or y t0 ^g \£%fe thereof, and until a free fchool, academy maybe appointed, and every of them fhall be, and the fame 0Dened for t he faid county when the fame ' their fuccdl- r J . . and . f crs for ever. are hereby declared abfolutely vefted m the hands, direction and power ot luch commiffioners or truftees as may be appointed to carry on and conduct the fame, and their fucceffors for ever. of the pilotage for the The commiffi- XIV. And be it further enaBed, That the commiffioners 6 and they are hereby appointed commiffion- fcShfffof ports of Savannah and Sunbury, fhall be &c. act into execution in the ports they re- Savannah, erSj r a majority of them for carrying this appointed com- __..,"«.,. mimoners to fpeftively belong to. carry this a& in- of \ No. $66. f/je reftJ repealedr by aft 787, execution. to . WILLIAM GIBBONS, Speahr.

Augufla, January 31, 1786.

dividing the county of Wafhington. no. 3 ao. An AH for reprefentatives the freemen the State of Georgia, in general T* E it enaBed bv the of of That a line fhall be run north cSrityfSed, _|3 ajfembly met, and by the authority of ihe fame, Ogechee to the beginning on the Oconee . river, thence up "um/LTdout. forty-five degrees, eaft, :;

LAWS OF GEORGIA. 323

Head of the main branch; from thence a dire £1 courfe to the Cherokee corner; A. D. 1786, No. from thence to the fouth branch of Oconee, running into that river at or near Za- 320.

chariah Philips's ; thence down the Oconee to the beginning, including a trait of country which (hall be calied and known by the name of Greene county. Court lioufe and II. be it further enabled, That the court houfe and gaol fhall be built, and the And gaol to lie built, and annual elections and i-Iections held fuperior courts heldy*at a town to be laid out on the college fur- at a town to be laid out on the college vey on Richland creek. land. the III. And be it enabled, That the truftees of the univerfity, or a majority of them, Truftees of univerfity to lay fhall be and they are empowered and requefted to lay out or caufe to be laid out, a out the town named Greenef- town, which (hall be known by the name of Greenefborough, on faid college furvey borousrh. and after referving a number of lots fufficient for public buildings, to fell and convey the remaining lots and land adjacent, to the purchafer or purchafers in fee fimple : Provifb. Provided only, that the money arifmg. from the fale of the faid lots and lands adja- The money arifing from the (ale of cent, fhall be applied to the fole purpofe of promoting learning and fcience, and the lots and lands-adjacent, fhall be ap- quantity of land fo to be laid off, does not exceed one thoufand acres. plied to the promo-

tion of learning ; WILLIAM GIBBONS, Speaker.. and the quantity of land to be laid Augufa, February 3, 1 786. our not to exceed 1000 acres.

*An Ac7 for the encouragement of literature and genius, No. 3ai.

the principles of natural equity and juftice, require that every WHEREAS au- Preamble, thor (hould be fecured in receiving the profits that may arife from the fale of his works, and fuch fecurity may encourage men of learning and genius to pub- their lifh their writings, which may do honor to country, and fervice to mankind, Be Enacted. it enabled by the reprefentjitives of the freemen cf the State of Georgia, in general afftmbly met, by the authority the That the author of any book or pamphlet not yet and of fame, Authors of printed, or of any map or chart, being an inhabitant or refident in thefe United States, books, maps, &c. tbeir heirs affigns, fhall the fole liberty of printing, publifhing and his heirs and have and vending and affigns fe- the fame, within this State* for the term of fourteen years,. to commence from the cured in the exclufive right to day of its firft publication in this State : And if any perfon or perfons, within faid the fame for 14 term of fourteen years, fhall prefume to print or re-print any fuch book, pamphlet, years. map or chart, within this State, or to import or introduce into this State for fale,. any copies thereof, reprinted beyond the limits of this State, or fhall knowingly publifh, vend, and utter or diftribute the fame, without the cenfent of the proprietor thereof in writing,, figned in the prefence of two credible witnerTes, every fuch perfon or perfons fhall forfeit and pay to the proprietor of fuch book, pamphlet, map or chart, double the value of all the copies thereof fo printed, imported, diftributed, vended or expofed for fale, to be recovered by fuch proprietor in due courfe of law

, author, affignee or proprietor, of any Provided neverthelefs That no fuch book, pam- Provifo. phlet, map or chart, fhall be entitled to take the benefit of this ftatute, until he fhall The name of the proprietor with affignee title thereof, duly regifter his name as author, or proprietor, with the in the the title, to be entered of re- office of the fecretary of the State, who is hereby empowered and directed to enter cord in the fe- the fame on record. II. cretary 's office,

* The power of fecuring, for limited times, to authors and inventors the exclufive right to their refpeftive- wriu'ngs and difcoveries, veiled in congrefs by the federal conftitution,.

\ „ 3 2 4 DIGEST OF THE

1 8 A !*• -^"d be it further enabled by the authority afore/aid, That at the expiration of the* 'SjP'^ ,? At the cxpha- faid term of fourteen years in the cafes above mentioned, the fole right of printing

anc^ difpofing of any fuch book, or chart in this State, fhall return to t»rm° the au- pamphlet, map thor if then iiv- the author thereof, if then living, and his heirs and affigns, for the term of fourteen- affiffostobefur- years more to commence at the end of the faid firft term ; and that all and every per- Uut fecured for fon or perfons who fhall re-print, import, -vend, utter or diftribute in this State, any copies thereof, without the confent of fuch proprietor obtained as aforefaid, during the faid fecond term of fourteen years, mail be liable to the fame penalties reco-

verable in the fame manner as is herein before enacted and provided.

III. And whereas it is equally neceffhry for the encouragement of learning, that

the inhabitants of this State be furnifhed with ufeful books, &c. at reafonable prices :

Proprietors to Be it further enabled) That whenever any fuch author or proprietor of fuch book, or chart, (hall to furnifli the public fufficient lie with fuffici- pamphlet, map neglect with editions eut editions thereof,or (hall fell the fame at a price unreafonable, and beyond what may be adjudged thereof at a rea- * fonable rate, or a fufficient compenfation for his labor, time, expence, and rifk of fale, the chief juf- on comphmt be * t j ce £ ^g g ta e ' on complaint thereof made to him in writing, is hereby authorized fubjecT: to the rii • iri order of the fu- and empowered to fummon fuch author or proprietor to appear before the next fupe- penor court r j or court to De holden in the county where fuch author or proprietor dwells, if a

refident of this State, if not, in the county where fuch complainant dwells ; and faid

court is hereby authorized and empowered to enquire into the juftice of fuch com-

plaint, and if the fame be found true, to take fufficient fecurity of fuch author or proprietor conditioned that he fhall, within fuch reafonable time as faid court fhall direct, publifh, and offer for fale, in this State, a fufficient number of copies of fuch book, pamphlet, map or chart, at fuch reafonable price as faid court {hall, on due confideration affix; and if fuch author or proprietor fhall, before faid court, neglect

or refufe to give fuch fecurity as aforefaid, the faid court is hereby authorized and empowered to give to fuch complainant a full and ample licence to re»print and publifh fuch book, pamphlet, map or chart, in fuch numbers and for fuch term as faid court fhall judge juft and reafonable; Provided faid complainant fhall give fufficient fecurity before faid court to afford faid re-printed edition at fuch reafonable price as faid court fhall thereto affix.

Perfons print- IV. And be itfurther enabled) That any perfon or perfons who fhall procure and ing any manu- i t uhpublifhed manufcript, without the confent and approbation of pr n an y ' the author r x •;;• ' * ' fenpt without { _ . . ,",.'. the confent of or proprietor thereof nrtt had and obtained, n fuch autnor or proprietor be living and the proprietor, re £j ent [ n or inhabitant of this, or any other of the United States fhall be liable to luner * liable to ..... n damages by ac- fuffer and pay to the faid author or proprietor his juft damages for fuch injury, to be tl0n recovered by action brought on this flatute in any court of law in this State proper to

try the fame : Provided always. That nothing in this act {hall extend to affect, prejudice, or confirm the rights which any perfon may have to the printing or publifhing

of any book, pamphlet, map or chart, at common law, in cafes not mentioned in this act, or to fcreen from legal punifhment, any perfon or perfons who may be guilty of printing or publifhing any book, pamphlet, or paper, that may be prophane, treason-

able, defamatory, or injurious to government, morals or religion : Provided a/fo, That this LAWS OF GEORGIA. 325

this act mail not extend, or be conftrued to- extend, in favor or for the benefit of any A. D. 1786. No author or perfori refiding in, or inhabitant of any other of the United States, Until - ?*?• the State or States in which fuch perfon or perfons reticle or dwell, fhall have pafled. fimilar laws- in favor of the authors of new publications, and their heirs and affigns. WILLIAM GIBBONS, Speaker,

Augufla, February 3, 1786.

Afit to authorize Zachariah Lamar, Efquire, to lay out a toivm An $fc 3ZZ , at the mouth of Broad river, and to ejlablijh infpefitions in the county of Wilkes.

WHEREAS it is neceflary, and will be greatly conducive to the general conve- Preamble, nience of the citizens in the upper part of this State, that a town lhould be laid out, and a tobacco infpection eftablifhed at the mouth of Broad river in the county of Wilkes, Be it enaFted by the reprefentatives of the freemen of the State of Geor- Eaa&sdv gia in general ajfembly met, and by the authority of the fame , That Zachariah Lamar of Zachariah La- m ar eaa ower" is fully P the aforefaid county, be and he hereby authorized and empowered to lay out , a town on his own land, fituate on the fouth fide of the mouth of Broad river, into town at the

1 any and fuch number of half acre lots as he may think proper, and to difpofe of and ™v"r called

make titles to the fame, according to the ufual manner of conveyances ; which faid Lincoln, and to

fhall be called and known by the name of Lincoln : town And the faid Zachariah warehoufe" for Lamar is hereby further authorized and empowered to ere£t a public warehoufe for tobacco, the reception and infpettion of tobacco in the faid town of Lincoln, fubject always to the laws that have been or may hereafter be provided for the infpection of tobacco.

II. And ivhereas Dionyfius Oliver, of the aforefaid county of Wilkes, hath peti- Dyonifius OK- tioned the legiflature to authorize him to erect a warehoufe on his own land, in the ver authorized

aforefaid county of Wilkes, in the fork between the aforefaid Broad river, and the houfeinthefork of Broad river Savannah, for the reception and infpeftion of tobacco ; And whereas, the fame ^W Savannah ri- rr- r ri r is likewife thought neceflary for the convenience of the upper fettlers : Be it further vers. enacted, That the faid Dionyfius Oliver is hereby authorized and empowered to erect the faid warehoufe, and the faid infpection is hereby eftablifhed, fubjedt always to fuch laws as have been, or may hereafter be made for regulating the inflection of

'*. tobacco as aforefaid. '; WILLIAM GIBBONS,' Speaker

Augufla, February 3, 1786.

An Ac! to revife and amend an aft for regulating the trade, laying duties upon all wares, jjo. 323.

goods, liquors, merchandizes, and negroes imported into this State ; aIf an impofl on the tonnage of flipping, andfor other purpofes therein mentioned. February 13, 1786.

Repealed by aft of 1 787, No. 386. An * .

326 DIGEST OF THE A.D. 1786. An Aft to repeal an aft, entitled " An Aft for inflifting penalties on, 324, '' and confifcating the ejlates offuch perfons as are therein declared guilty of treafon, andfor other purpofes therein mentioned" fofar as the fame relates to the banifhment of Simon Monro.

much of the II. £0 A ND be it further enabled. That all and every part and parts of the faid a£t laid act as relates *— relating or belonging to the heirs, devifees to the ££& or XI and afligns of John Forbes, de- afligns of John ceafed, is be and hereby repealed ; and that all bonds for any part of the nroDertv torbesdeceaied, • r r 7 loidrurir-jTi-i-')the Iaid 1 11 repealed and all °* J ohn rorbes, be given up by the treafurer to the heir or heirs.

• WILLIAM GIBBONS, Speaker. peTtytotgfvTn „ up to the heirs. Atigujta, February 13, 1786.

No. 325. An Aft to prevent perfons from fettling or furveying any part of the late ceffion oflands between the rivers Alatamaha and Saint Mary.

Preamble. ~\\ 7"HEREAS it is not proper that any of the late ceffion of land between the. W Alatamaha and Saint Mary's river fhould be fettled or located at prefent, Enacted, Beit enabled by the reprefentatives of thefreemen of the State of Georgia in general affembly The lands lately ceJed Tying be-' the met.' and by the authority of Jfame. That no *perfon (hall prefume to furvev or fettle tween the Alaca- * ' J <* K / rnaha, sr. Mary's, on any lands lying between the Alatamaha and Oakmulgee and Saint Mary's rivers, Oakmulgeen- J J and . . vers, not tobe fur- above the old Indian boundary line, being lands lately ceded to this State, and if any YîrffWe" furvey ihall be made,, it fhall be of no effect, and the perfon making fuch furvey (hall thep " ôvêii: and a tne âm OI one pound* for every acre of land fo furveyed and all r Vve •tiierton P y ; to forfeit 20/. per 1 warrants for furveying lands within the above boundaries, and all grants of lands

declared void, null, and of no effect ;. all vevs'anT^rantftbr therein, are hereby and fuch lands Ihall ftili be (hall liable furveyed as awura«i^efared deemed vacant land, and be to be fuch when the legiflature fhall vw<1 " Prdvifo gJ ve permiflion . to locate the lands above mentioned: Provided, that nothing herein contained (hall extend to the counties of Glynn and Camden, the vacant lands of which

may be furveyed as formerly : And if any perfon fhall fettle on the faid lands before the legiflature fhall give permiflion to locate the fame, fuch fettlement fhall not give any right of preemption or preference whatever. Not neceffary to jj # £n(i frg ft enaBed by the authority aforefaid, That fo much of the late land law as , regifter grants ' , «n 1 • 1 rr r in the county requires all perfons to regilter their grants in the office of the county furveyor, within, furveyor's office twelve months from the date thereof be,, and the.fame is hereby repealed-. late land ad re- III. And be, it enabled. That no warrant fhall ever be out of date if furveyed within; tw0 years from the date of faid warrant. No warrant out of date if fur. WILLIAM GIBBONS, Speaker. ycL /rom'th* Auguja, February 13, 178& date thereof, * Additional penalties iropofed by. act of 1787, No. 38 J, feci V.

M: s

LAWS OF GEORGIA, * • 327

An Acl to make provifion for officers', foldiers, or feamen, voho have A. D. 1786. been difabled in thefervice of the United States.*

"HEREAS by a refolution of congrefs of June the feventh, one thoufand Preamble,

feven hundred and eighty-five, it is reeom mended to the feveral States, to make provifion for officers, foldiers, or feamen, who have been difabled in the fervice of the United States, Be it enabled by the reprefentatives of the freemen of the Enacted. State of Georgia in general ajfembly met, and by the authority of the fame, That John Provifion mads th e C Brickell and James Lauder, Efquires, be, and they are hereby appointed infpectors j£[d; rg and fea- for this State, who fhall in the manner herein after pointed out, examine and make men difabled in e ° e a compleat lift of all the officers, foldiers, or feamen refident in this State, who u^J £ a es> ferved in the army or navy of the United States, or in the militia in the fervice of the United States, and have been difabled in fuch fervice, fo as to be incapable of military duty, or of obtaining a livelihood by labor j in this lift fhall be exprefled the pay, age, and difability of each invalid, alfo the regiment, corps, or fhip, to which. he belonged, and a copy of the fame fhall be tranfmitted to the office of the fecretary at war, by the fecretary of the State, within one year from and after the pairing of this act ; and a like defcriptive lift of the invalids refident in this State, (hall from year to year be annually tranfmitted to the office of the fecretary at war.

II. And be it further enabled by the authority afore/aid, That no officer, foldier, or What proof ne- (hall be confidered as an invalid, or entitled to pay, unlefs he can produce feaman, an i n valid to a certificate from the commanding officer or furgeon of the regiment, fhip, corps, pay- or company in which he ferved, or from a phyfician or furgeon'of a military hofpital, or other good and fufficient teftimony, fetting forth his difability, and that he was thus difabled while in the fervice of the United States. Rates of pay to III. And be it further enabled, That all commiffioned officers within the aforefaid defcription, difabled in the fervice of the United States, fo as to be wholly incapable of military duty, or of obtaining a livelihood by labor, be allowed a yearly penfion equal to half of their pay reflectively, and all commiffioned officers as aforefaid, who fhall not have been difabled in fo great a degree, be allowed a yearly penfion which fhall correfpond with their degree of difability, compared with that of an officer wholly difabled : That all non-commiffioned officers and privates within the aforefaid defcription, difabled in the fervice of the United States, fo as to be wholly incapable of military or garrifon duty, or of obtaining a livelihood by labor, be allowed a fum not exceeding five dollars per month \ and all non-commiffioned officers and privates as aforefaid, who fhall not have been difabled in fo great a degree, be allowed fuch a fum as fhall correfpond with the degree of their difability, compared with that of a non-commiffioned officer or private wholly difabled. 1

IV. And be it further enabled, That the infpe&ors appointed by this act, fhall The irfpeflors appointed by 11 1 • 1 17 1 <• 1 -r r • examine all claimants, and report whether the perion producing a certificate, letting tn j S a^ to examine a; :laim- forth that he is an invalid, be fuch in fact, and, if fuch, to what pay he is entitled ants, and make and report thereof to the governor * The military penfions heretofore, paid by the refpective States, in purfuance of acfts of the United States, and council, arc provided for by a

A. D. 1786. and thereupon the infpeclors {hall give to the invalid a certificate, fpecifving to what No. 32.6. p a y }ie i s entitled, and tranfmit a copy thereof to the governor and council, who fhall receive and record the fame.

The p-overnor V. And be it further enabled) That his honor the governor, do iffue his warrant on war- to draw {foe treafurer, in favor of fuch commiffioned officers, non-commiffioned officers, and

fuch perfons ex- privates, for the fum or fums to which they fhall be refpe£tively entitled, agreeably who ccpt tbofe tQ the before mentioned certificates; the faid payment to be deducted from the . r; have received , , . ._- commutation, quota of this State, in the requisition of congrefs for the year on which they fhall be made: Provided, That no officer who has accepted his commutation for half pay fhall be entered on the lilt of invalids, unlefs he fhall have firft returned his commutation.

Invalids capable VI. And be it further enabled. That fuch invalids, under the aforefaid defcription, as are citizens of this State, and are capable of garrifon duty, be formed into howTo be em- may ployed. corps, to be employed in guarding military ftores, aiding the police, or otherwife,

as his honor the governor may direct ; when fuch invalids fhall be formed into corps, there fhall be quarterly returns, comprehending the pay, age, difability, regiment, fhip, or corps to which they feverally belonged, made out and figned by their commanding officer, and tranfmitted to the governor and council, who fhall iffue warrants for their pay according to faid return.

Oathtobe taken VII. And be it further enacted by the authority aforefaid, That all invalids, as well by invalids an- t h fe formed into corps as thofe who are not, fhall annually apply themfelves to a magiilrate of the county in which they refide or may be Rationed, and take an oath,

Form thereof, on which the magiftrate fhall grant the following certificate^ viz. " A. B. came before " me, one of the juftices for the county of in the State of Georgia,

" and made an oath, that he was examined by , appointed " by the faid State for that purpofe, obtained a certificate or had his certificate " examined and counterfigned, fetting forth, that he had ferved in " , that he was difabled by and that he now lives u in the State of Georgia, and in the county of :" The affidavits, drawn according to the above form, and dated and attefted by a magiftrate, fhall be fent by the faid magiftrate to the fecretary of the State, who fhall receive and

record the fame ; and a counterpart of the affidavit fhall be preferved by the perfon

taking it,, to be exhibited to the governor and council. WILLIAM GIBBONS, Speaker..

A-uguJlci) February 13, 1786. .

! . No. 317. An Ordinance to appoint fome perfon therein to be named, , to digejl and arrange all the laiuf and ordinances paf in. this State, before or Jtnce the revolution,.

February 13, 1786.

Obfolete..

An .

LAWS OF GEORGIA. 3 29

An Acl to amend an aft for afcertaining the qualifications neceffary for the admiffion of A. D. 1786. attornies, folicltors, and proclors in this State. No. 328.

February 13, 1786. Repealed by alt of 1789, No. 421.

An Acl to obtain an account all the of white and other inhabitants of every age, fex,.and No. 329. condition within this State. February 13, 1786. Obfolete.

Ordinance An for vefing in Chrijlian Tonge, the widow of Henry Tonge, fenior, and No.. 33c his two daughters Ann Agnes Tonge, and Elizabeth Tonge, certain property therein mentioned.

February 13, 1786, Private.

An Acl to impofe a tax on the inhabitants of the State of Georgia, and other perfons hold- No. 331. ing property real or perfonal therein for the ufe andfupport of the government thereof, from the firfl day of January to. the thirty-firji day of December, one thoufand feyen hundrtd and eighty-fix.

February 13, 1786.

An Aft to appoint agents* to defend the rights of the State of Georgia No. zr- to certain territories, claimed by the State of South Carolina.

HERE AS the legifl.iture of the State of South Carolina did prefenta petition, Claims of South

dated the twenty-fourth day of March, one thoufand (even hundred and lands lying- be- w tw«en theNorth eighty-five, to the United States of America in congrefs aflembled, dating, that they ' Carolina line, ,1-1 1 "xt 1 /-1 v i- 1 • 1 did claim the lands lying between the North Carolina line, and a line to be drawn due and a weft line fl'°™ the mouth weft from the mouth of Tugalo river to the MiffiiTippi, becaufe, as they contend the . . rr ' ' o ' 01 1 ii^aJo river river Savannah lofes that name at the confluence, of Tugalo and Keowee rivers, coa-"tocheMifliflipp-

01" fequentlv that fpot is the head Savannah river : Alfo the lands lying between a line And to' the laud a drawn from the head of Saint Mary's to the head -of the Alatamaha rivers, the Miffif- [^"dra^fm! fippi river, and Florida, as being within the limits of its charcer,. and not. annexed to the head of St-, the State of Georgia ; and praying that a federal court might be appointed to hear and headofthe Aiu- determine the difpute and difference between the faid two States relative to the faid tamaba rivers,

• .the Mffliflippi, 1 , 1 1 r r 1 1 i-i territory, agreeable to the articles or contederation and perpetual union between the andtheFloridas,-

United States of America : And whereas, the faid United States in congrefs aflembled, * by an acl of congrefs dated at.New York, the firft day of June, one thoufand feven hundred and eighty-four, did. notify to the legiflature of the State of Georgia, that they had afligned the fecond Monday in May next for the appearance of the faid States

T t of;.

* €ommiffioners appointed by ad of 1787, No. 370, 33° DIGEST OF THE

A. D. 1786. of Georgia, and South Caroling by their lawful agents, to proceed in the premifes t

No. 3;, 2. Now, that the juft rights and jurifdiction of this State to the territories claimed by the State of South Carolina, in their petition above recited, may be properly verified, and fuch proceedings be had in the premifes as the faid articles of confederation, and per-

petual union direct : Be it ena&ed by the reprefe?itatives of the freemen of the State of Agents named Georgia in general affembly met, and by the authority of the fame, That the honorable and appointed William Houfloun, George Walton, and William Few, Efquires, be, and they are to defend and verify the rights hereby appointed agents for this State in the difpute and difference aforefaid on behalf and jurifdiclion of this State, and they the faid William Houfloun, George Walton and William of this State to Few, the faid territo- or any two or more of them, are hereby fully authorized and empowered to appear and ry, agreeably to this State before the States in congrefs affembled, the articles of reprefent United on the fecond confederation. Monday in May next, and at all fuch other times and places as they may thereafter di» reel:, and appoint, and, by joint confent, with the agents or commiffioners for the State of South Carolina in this behalf appointed, to nominate and agree upon fuch perfons as they may think proper to be commiffioners or judges to conflitute a federal finally to determine court the difpute and difference aforefaid between the faid States ; and if it fliould fo happen that the faid agents herein before mentioned, or anyone or more of them, and the agents or commiffioners on this behalf appointed by the State of South Carolina cannot agree in the choice of perfons fo to be appointed commiffioners or judges to form a federal court as aforefaid, then the faid agents herein before appointed, or any one or more of them, {hall, and they are declared to have full power to name proper perfons for that purpofe to be ftruck and commiffioned by the United States in congrefs affembled, according to the form pointed out by the confederation and perpetual union of the faid United States, and to appear before the faid court when legally appointed and convened, there to defend and vindicate the rights and jurifdicTions of this State, taking all due and lawful ways and means in their power

that the final iffue of the faid difpute and difference may be fuccefsful for this State ; for

ivhich purpofe they are hereby authorized and empowered to employ and engage all

fuch council learned in the law, and all fuch folicitors, as they may think proper and neceffary on the trial, and in profecution of the claim and right of jurisdiction of thia State to the territories in queftion, hereby confirming and eflablifhing whatever they the faid agents, or any one or more of them, {hall or may lawfully do, on behalf of this State, in the premifes.

Veiled with full II. And be it enacled by the authority aforefaid, That the faid agents herein appointed, power over the or any one or more of them fhall, and they are hereby declared to have full power, neceffary records. and are hereby required to examine the records of this State, and take and carry away, fo that they may be produced at the trial, all fuch original papers and records as they may think proper, authenticated under the great feal of this State, or fufE- cient authenticated copies of the fame, exemplified as aforefaid, as they may deem

proper to be given in evidence on the faid trial; and the officers keeping fuch offices are hereby required to furnifh the faid agents, or any of them, with the fame, when called for, without fee or reward. WILLIAM GIBBONS, Speaker. Augufla, February 13, iySd. An LAWS OF GEORGIA, 33 ,

An Ordinance for appointing agents to reftde in the Indian nations. A. D. 1786.

February 13, 1786. No. 333.

Repealed ly acl of 1 787, No. 381.

An Atl invefing the United States, in Congrefs affembled, with a power to levy for the No. 334. ufe of the United States, certain duties upon goods imported into this State, from any foreign port, ifand, or plantation^

February 13, 1786.

Obfohte.

An Acl for laying out a road from Sunbury to the feat of goverttment, andfrom thence to No. 335. Wafh'mgton in Wilkes county.

February 13, 1786.

It is deemed unneceffary to infert this aft as the power of efiabliflnng and altering public roads has been vefed in the courts of the feveral counties.

** An AH for improving the navigation of Ogechee river from Fort No 33*'. Argyle to the Big Falls offaid river,

E it enacted by the reprefentatives of the freemen of the State of Georgia in general inhabitants met, by the authority the all male within3mdesot a/Tembh ' and * of fame, That inhabitants be- JJ J .. the river Ofe- tween the ages of fixteen and forty-five, refiding within feven miles on either fide chee from Fort rg to the Big Falls (hall be, and they are herebv declared e t0 h e Fort Areyle and made l! ,. , from ° ' ^ „ \ ' / Big Balls liabie liable to work on Ogechee aforefaid, for the purpofe of clearing and making good to work on the

e ' the navigation thereof, at fuch time and in fuch manner as the commiflioners herein named, or a majority of them, fhall think beft and mod effectual for carrying the purpofes of this act into execution: Provided always, That no perfon refiding within Provifb. the limits aforefaid fhall be obliged to work more than twelve days in a year, nor longer than three. days in one week.

liable to this acl; II. And he it further enabled, That any* perfon made' work by as Perfonsrefufirig aforefaid, who fhall neglect or refufe to comply therewith after due notice given, omegkaingto

fum not exceeding three (hillings fpecie for each day he (hall ' (hall forfeit- and pay a f- ne% be abfent when required to labor as before mentioned: And in cafe the mailer,

owner or manager of any flave living within the aforefaid limits, fhall neglect to .

fend fuch flave when lawfully called on, at fuch lime- and place as the commitfioners, -

or a majority of them fhall appoint, to work on Ogechee river as aforefaid, fuch mafter or owner fhall forfeit and pay a fum not exceeding three (hillings for every - day his or her flave fhall be abfent when called upon as aforefaid,. unlefs an excufe

to. the fatisfaction of a majority of the commiiTioners be made. .

III. - * So much of this act as refpects the river within Effingham county, re- enacted with -akeratioos by •_.

££lof 1793, No. 481.. . 332 DIGEST OF TH'E -

A. D. J 786. HI. And be It further enacled by the authority aforefaid, That the commiflioners No. 6 33 - appointed by virtue of this act, or a majority of them, in their refpective diftricts, Comnuliioners fna ]j }lave fu ]j power anc} authority to divide the inhabitants within their feveral and overleers, r ; . , . . theirpowersanJ diftricls into companies, and to appoint overfeers in faid companies, whofe duty it cu!> ' fhall be to give three days previous notice to the inhabitants when required to work 011 faid river as aforefaid, to fee the bufinefs compleated, and to make returns to

the faid commiflioners of all defaulters within their refpective companies ; and in cafe, any perfon appointed an overfeer under this act, after having accepted his appointment, fhall neglect or refufe to execute the duties thereby impofed, every fuch overfeer fhall forfeit a fum not exceeding forty fhillings fpecie to be recovered and applied as herein after directed; Provided, That the faid overfeer "fhall not be obliged to continue in office more than twelve months from the acceptance of his appointment.

Fines how to be IV. And be it further enabled by the authority aforefaid. That the commiflioners herein named, or a majority of them, in their refpective diftricts, fhall have full power and authority to cite any perfon or perfons' who fhall incur any of the penalties herein inflicted, by their warrant or fummons directed to a conftable within the diftrict wherein the defaulter fhall refide, with notice for fuch defaulter to appear at fuch reafonable time and place as they may appoint, and on the day fo appointed proceed to hear and determine thereon agreeable to the directions of this act, and

upon conviction fhall iflue execution, directed to any conftable 'as aforefaid, to levy

the faid fine, together with all lawful cofts on the offenders goods and chattels, and

after fifteen days public notice, fell and difpofe of the fame, until the faid fine and cofts are fully fatisfied, any law of this State to the contrary thereof notwithftanding.

To be applied V. And be it further enacled, That the monies arifing by fines as aforefaid, fhall e the navigation ^ paid, into the hands of the commiflioners within the diftrict where the fame is of the faid river, collected, who fhall apply the fame to the forwarding and compleating the navigation of the faid river within the diftrict.

The commiffi- VI. And be it enabled By the authority aforefaid, That the perfons herein named fhall e an tne are declared commiflioners * for the feveral diftricts and^appohned. ^ » ^ y hereby herein after mentioned, viz. from fort Argyle to Belcher's mill creek, Ifrael Bird, Oliver

Bowen, and Thomas M'Call ; from the mouth of Belcher's creek to the mouth of

Horfe creek, Benjamin Lanier, Luke Meazel, and William Cone ; from the mouth of Horfe creek to Triplet's ferry, Lemuel Lanier, Drury Jones, and John Diens,

fenior ; from Triplet's ferry to the bridge at the Pine Log, Roger Lawfon, Patrick

Carr, and James Stubbs ; and from the bridge at the Pine Log to the Big Falls,

Arthur Fort, John Ledbeter, and Zacharias Fenn ; and they are hereby fully inverted with all the powers intended by this act to be given to them as commiflioners aforefaid.

Vacancies how VII. And be it further enacled, That if by death or refignation, it fhall be impof- to be failed. £kj e t0 form a majority of the commiflioners aforefaid, then his honor the governor

and executive council fhall appoint other fit perfons near Ogechee river aforefaid to aft

* Other commiflioners appointed, empowered to hire labcrers, and money advanced. See ad of 1790, No. 443. LAWS OF GEORGIA, 333 a<& as commiflioners, who (hall on their appointment be veftecl with all the powers A. D. 1786. No. hereby given to the commiffioners herein named. 336.

VIII. And be it further enacled, That if any perfon or perfons fhall fell any tree Perfons falling trees in the faid or trees in the faid river, and leave them in fuch fallen condition, fo that the fame river fubje& to may tend to obftrudr, and impede the navigation aforefaid, they fhall for every fuch fine, to be recovered and ap- offence forfeit and pay a fum not exceeding five pounds, to be recovered and applied plied in like manner. as the other forfeitures incurred by this a£t. WILLIAM GIBBONS, Speaker. February 13, 1786'.

An Ordinance to eftablifh a ferry betiveen the ijland of Skidatvay and No. 337. the ifle of Hope-, in the county of Chatham-, andfor other,purpofes therein mentioned.

WHEREAS it is abfolutely neceffary for the intereft and convenience of many Preamble, of the citizens of this State, that a ferry fhould be eftablifhed between the ifland of Skidaway and the ifle of Hope in the county of Chatham, I. Be it therefore ordained by the freemen of the State of Georgia in general ajfembly met, Enacted. and by the authority ofthe fame, That the following perfons, to wit, William Stephens, Commiffioners appointed to e- Milledge, John Charles Odingfells, James Bullock, and Seth John Cuthbert, be, and ftablifh a ferry- they are hereby appointed commiffioners to eftablifh a ferry between the faid ifland of between the ifland of Skid* Skidaway and the ifle of Hope, at fuch convenient place or places as they may think way and the ifle moft conducive to the purpofes of this ordinance-, and to rent a quantity of land, of Hope. not exceeding five acres, on each fide of Skidaway river ; to agree and enter into contract with a fit perfon or perfons for keeping the faid ferry, and to eftablifh the rates

of ferriage thereat j and further, that, in cafe the proprietor or proprietors on each fide of the faid river at fuch place or places as the commiffioners fhall deem expedient to eftablifh the faid ferry, fhall not incline to rent a quantity of the fame not exceed-

ing that before mentioned^ at any or at a reafonable price, then the faid commiffioners or a majority of them, fhall, and they are hereby authorized and empowered to have the rent of the fame valued by three freeholders of the vicinage, which valuation or appraifement fhall be paid yearly to the proprietor or proprietors of the fame by fuch perfon or perfons as the faid commiffioners fhall think proper to eftablifh as the keeper

or keepers of the faid ferry ; and laftly, thefe powers fhall be veiled in the faid commiffioners, or a majority of them, for the term of five years from the palling of this ordinance and no longer. A ferry elraSHflied II. And be it further ordained by the authority aforefaid, That a ferry fhall be efta- at M'Gowan's old ferry on Savannah blifhed at M'Gowan's old ferry on Savannah river, about a mile above the Coldwater river. AtSeneca old town on Keowee river. creek j alfo a ferry at Seneca old town on Keowee river ; alfo a ferry at the mouth of And at the mouth of Choga creek. Choga creek ; and the faid ferries fhall, and they are hereby put under the fame re- Under lite reftric- •ftrictions and regulations as the other ferries on Savannah river. tions as cither ferries on Savannah III. river. 334 DIGEST OF THE

A. D. 1786. III. And be it further ordained by the authority aforefaid, That a ferry fhall be eflab- No. 337. lifhed at Reed's bluff, on the Alatamaha river, under the fame reftri&ions and At Reed's bluff on regu- the Alaramaha un- lations as eftablifhed Savannah river, and the right of the is der the lame rega- thofe on fame hereby Lit ions. veiled in Hillary, the proprietors the Veiled in George George Handley and Chriftopher of faid bluff- Handle andChrif- topher Hillary.pro- WILLIAM GIBBONS, Speaker. prietors ofthe bluff Augujla, February 13, 1786.

* navigation y No. 33% 'An. AHfor improving the of Savannah riverfront Rae s creek to the mouth of Tugola, and up that river to Tugola Old Town.

I. IL III. IV. V. VI. VII. T) ELATING to a fpecial tax, repealed by ad of 1787,. XV No. 359. Donations fub- VIII. And whereas, large donations have been fubferibed, as well in this State as feribed in this and the Srate i>f South by perfons of South Carolina, for carrying into effect this very defirable purpofe, Be

Carolina . vefled in cummifliuners ai.d it enacled, That any fum or fums of money heretofore, or which, may hereafter be their iucceflors to be recovered and fubferibed, is and are hereby declared to be veiled in the faid commiffioners and applied towards Opening the Sa- their fucceffors, who are hereby authorized,, on default of payment, to fue for and vannah river !rora Rae> creek to Tu- recover -the fame 5. which monies fo raifed by fubfeription, as alfo what may be gola old town, and 15 miles up Broad had by afleffment, iliall be applied to the fole and only purpofe of opening the river river. Savannah from Rat's creek afcrefaid to Tugola old town, and Broad river for fifteen

miles up the fame ; and the faid commiffioners (hall hire artificers, or perfons fkilled in cleaning rivers, to do the fame on the befl and mod reafonable terms that they Annual returns of their proceed- can, and {hall, on the firft day of February in every year, make a regular return to ings to be made the governor and council of their proceedings, and o£. all monies by them received, to the governor and council. and expended in the execution of this act. IX. And ivhereas in carrying on the faid work, there maybe frequent occafions Perfons employed in the to fell and make ufe of fome of the adjacent trees, Be it enabled,. To prevent all work empow- might otherwife arife, that. the faid- commiffioners, or damages which thofe employed i ered to fell trees and dig any by them as aforefaid, may lawfully and without interruption fell any trees, or dig. banks neceffary this important to carry on the any bank, where neceffary to carry on work. fame. X. Refpecting affeffments of adjacent lands alfo repealed..

A' lock to be placed XI. And be' it alfo enabled^ That after the. river Savannah fhall be fo ; cleared as at the lower falls after the river is aforefaid',. a lock fhall be placed at the lower falls, and a contribution of five fhillings fo c!e.ir»d4 and of5s per hog (head per hogfhead be exacted for all tobacco brought down the faid ftream, the growth of to be paid on tobacco ut South Ca- South Carolina, unlefs the- (aid tobacco fhall have been made by a fubferiber, or his, ot- rolina, unlets made by a fub- her heirs,, and who fhall- have paid the fame towards clearing the faid river.- fcriber. XII. And be it further enabled, That Benjamin Cleveland^ William Mofs, Hoi- The commiffr- oners named man Freeman, Leonard Marbury, and Seaborn Jones, Efquires, fhall be, and they are and appointed. hereby appointed commiffioners for the purpofe of carrying |his act into execution, WILLIAM .GIBBONS, Speaker,

: Atigufa, February 1 3 ,.- 1 7 86.

* Lottery authorized for improving the navigation from Avfgufta to Lightwood-log creek and Broad river, hy act of 1.796, No. JJ 8. - LAWS OF GEORGIA. 33

Jn Acl to continue an acl to authorize the auditor to liquidate the A. B. 1786.

No ' ' demands of fuch perfons as have claims againjl the conjifcated 339 e/lateS) andfor other purpofes therein mentioned*

I. ir'W THEREAS the act entitled " An a£l to authorize the auditor toliquidate Preamble. ^ Y the demands of fuch perfons as have claims againft the confifcated eftates, and for other purpofes therein mentioned," and the period therein laid down for the

liquidating and receiving fuch claims is expired, and by reafon of the great diftance of the auditor from certain parts of the State, the claims therein intended to be liquidated have not been prefented, and the principles of juftice require the time Ena&ed. T tm lim (hould be prolonged, Be it enaEled by the freemen of the State of Georgia in general ^ V- ^-

ajfembly met, and by the authority of'the fame', That the faid acl (hall be, and the fame tor's liquidating

a a ' n is hereby declared to be in full force fo far as relates to the auditor's liquidating debts .?/ t f f therein mentioned againft the confifcated eftates for the term of nine months after tates. prolonged the parting this act, and the faid auditor fhall govern himfelf in fuch liquidations as ^date^/this he was ufed and directed by and under the faid forementioned act. a

ah claims againft II. And be it further enacJed.' That all claims of what nature foever apainft this •l O this State prior to prior to the eleventh day of which was in the year of our one X1 State, July, Lord 'J,^,^,';, \i thoufand feven hundred and eighty-two, and which will not gain us credit at the h continental* tre - continental treafury, fhall be brought in to the faid auditor for liquidation within b e ^rc." £t(a- the

fild " ine roon ~ !!! - nine months after paffing this act, or fuch claimants thereafter in default thereof3 to ftand for ever barred and precluded therefrom.

III. And whereas it appears that the auditor in fettling fome of the accounts of the officers of the line of this State, admitted charges which were not allowed by the continental commiflioner on the final fettlement made by him, and which faid charges unlefs rectified will be a lofs to the State, Be it enafted, That the auditor Improper

juft ftatement of all be directed to make out a accounts wherever charges have been by*'f« anSfcor faid be authorized and required to call on officers how to bc made, and that the auditor fuch , to return the balance that fhall appear to have been overpaid, and in cafe any officer

fhall neglect or refufe to fettle with the faid auditor, he is hereby required to return an account of the amount which fhall appear to have been overpaid him to the attorney general, who fhall fue for and recover the fame on behalf of the State,

and the account rendered him by the auditor on oath, fhall be admitted in evidence :

And the faid auditor is alfo directed to furnifh the public treafurer with a copy of of the ftate of every officer's account where an overcharge hath been made, that he may make the neceffary ftoppages, and that juftice may be done to the State.

IV. be it further enaBed> That the governor and council be requefted to order « And T4jebooksano p<*' soffbrmer.au- all the books and papers of former auditors which are now at Savannah, to be r r ' ditorsto be taken c harg e a brought forward as foon as poffible, and deliver to the auditor, who is hereby required "„ r „ ed b "ife a„; to examine and arrange the fame in order for fettlement with the commiffionerof fettle- jjjj^j. ^ d; tfce accounts for this State, and, alfo to compare faid books and the accounts therein i i< accDtmS atdoffi^ re " raifed againft the officers of this State, who have formerly received monies with the ce[vedmont«. accounts delivered to him by fuch officers, and his fettlement thereon; and if any error 33 6 DIGEST OF THE

A. D. 1786. error mould appear, to report the fame to the executive, who are required to take No. 339. fuch meafures as will moft effectually do juflice to the State.

V. be it The auditor re- And enabled by the authority afore/aid, That the faid auditor be directed to quired to make report to the executive the iffues of certificates from his office to officers of the report to the executive of certi- Georgia line, and alfo what certificates may be in his hands of fuch officers refpeo ficates and ad- tively, purfuant to the liquidation of the commiffioner of the army on the part of vancesto the officers of the the United States, and alio any fum or fums that have been advanced by the State Georgia line. to to any officer or officers to whom certificates have not been ifTued by him.

VI. And be it further enabled, That all treafury loan office certificates of this State Six months further allowed to that have not been delivered to the auditor for liquidation, purfuant to an act of audit treafury afTembly in that cafe made and to loan office cer- provided, (hall be delivered the governor and tificates under council, with evidence fufficient to evince that the holder thereof had not informa- direction of the governor. tion of faid act, or that fome unavoidable circumftance prevented their conforming thereto, and if the executive do certify the fame to the faid auditor, he is hereby

required to audit the fame agreeable to the aforefaid act ; Provided only that fuch

loan office certificate or certificates are delivered to the executive within fix months from the date of this act.

The fherifTs VII. And be it enabled by the authority aforefaid, That each of the fherifTs of the vefted with all different counties fhall be, and they are hereby each of them veiled with all the the powers of commiffioners powers of the commiffioners of confifcated eftates, and have authority to do and of confifcated perform every act and thing within their refpective counties, that the faid commif- eftates within their refpective fioners might or could do by virtue of the powers heretofore vefted in them, fuh- counties,fubjecT: ject to orders and directions of the executive, for which fervice the faid fheriffs to direction of the the executive, fhall be entitled to receive the fame commiffions and fees that the faid commiffioners and to receive like fees. were entitled to.

No ixtereft al- VIII. And be it enacted, That no intereft fhall be demanded or received on any lowed on any debts whatever from the twenty-ninth day of December, one thoufand feven hun- debt from the 29th Dec. 1778, dred and feventy-eight, until the eleventh day of July, one thoufand feven hundred tp nth July, and eighty-two. 1782. IX. And be it further enabled, That any citizen or citizens of this State, or any Citizens in eo- partnerfhipwith other of the United States, who was or were concerned in trade or copartnership perfons named in the act of attainder to in the confifca- with any perfons named or comprehended confifcation and tion act, to whom debts were due and owing, fuch remaining or furviving copartner or copart- whom debts were owing, ners in whofe hands or poffeffion the bonds, notes, or books of account may be, fhall with full veiled and they or either of them are hereby vefted with full power and authority to act, rower to fue for and recover the demand, fue for and recover all debts of every nature and kind whatever that was or. fame. may be due or may become due to fuch concern or copartners or others ; alfo to And to take the real eflate into demand, fue for, and take into poffeffion any lands or other real eftate in which the poffeffion. concern was interefted, or had a right : Provided neverthelefs, and be it enabled That Provilo. f all fuch furviving or remaining copartners, or others of the aforefaid defcription, fhall deliver to the clerk of the county where he or they may refide, a full and exact

account on oath of all the notes, bonds and other debts due, or that may become to copartners as aforefaid, fhall give bond and fecurity in due fuch concern or and , double LAWS OF GEORGIA. 337

A. D. double the amount thereof, to pay into the treafury at the end of every fix months 1786. No. 330.

fuch part as he or they may have at that time received, that was due ; the perfon or Such remaining copartners flail de- perfons whofe eftates were confifcated as aforefaid, for which the faid furviving or liver in to the

clerk's 1 flicean ac- remaining copartner or copartners (hall receive out of the monies fo collected, feven count of all bonds, notes, etc. due or and an halt per cent. to become due, and give bend and fe- X. And be it further enabled. That all debts due and owing to any perfon or per- curity to pay into the treafury the fons named or comprehended in the faid acl: of confifcation, for the payment of proper proportion of all monies reco- which, or any part thereof, any citizen or citizens of this State, may be jointly vered. Citizens jointly bound by any bond, note, covenant or contract;, fuch citizen or citizens fhall pay b mnd in any bond etc. due to perfons only his, her, or their (hare or quota of fuch debt to the treafurer, who fhall give comprehended iu the adt of ci nfifca- a fpecial receipt for the fame. tion to Day their proportion to the XL And whereas there are a number of perfons who have demands againft the treafurer. Further time of 9 confifcated eftates and this State, which are not yet fettled and adjufted, and it is months allowed for payment of the but juft and reafonable fuch perfons fhould have an opportunity of paying in the cer- certificate part of purchafes of con- tificate part of their purchafes of confifcated property, Be it therefore enacted by the fika:ed property. authority afore/aid, That certificates for fuch demands fhall be receiveable at the public treafury, in payment of the certificate part of bonds given for faid property,

for and during the term of nine months from the date of this acl:. WILLIAM GIBBONS, Speaker Augujla, February 13, 1786.

this in to an alter- No. 340. An AH to authorize the delegates of State congrefsy fubferibe and ratify ation of the eighth article of the confederation and perpetual union.

February 13, 1786.

An Atl diretling the appointment of delegates to reprefent this State in the congrefs of No. 341. the United States.

February 13, 1786.

Obfolete.

An Atl for the better regulation of the diflricls for holding courts of confeience. No. 343-

February 13, 1786.

Obfolete.

Atl to provide the payment the quota this State on pafl requifitions con- An for of of of No. 343. grefs, for which no provifion has been made by law.

February 13, 1786.

Obfolete.

U tt< An :

333 DIGEST OF THE

A. D. 17S6. j{n jff f repealfome part of thefuperior court act, and other purpofes No. 344. therein mentioned.*

There fhall be E it enabled by the reprefentatives of the freemen of the State of Georgia in general four affiftant iufticcs in each dffembly met, and by the authority of the fame, That from and after the paffing of county. this act, there (hall be four affiftant juftices in each county, whofe powers (liall be Their powers equal in tranfafting public bufinefs, and they or a majority of them, are hereby fully empowered to continue, each feffions of the fuperior court, in the refpedtive counties to which they belong, for any term not exceeding twenty juridicial days.

Writs and other II. And be it enabled by the authority afoiefaid, That all writs and procefs returnable proceTs to be to the fuperior court, of a civil nature, fhall be figned and ilTued by the clerk of the figned and ilTu- ed by. the clerk. county where fubject to be tried, who fhall ftate the nature of the plaintiff's complaint, allegation, or demand, in the fummary way pointed out by the fuperior or circuit Clerical mis- takes not affect- court act, to which no exception fhall be allowed or taken ; and any clerical miftake ing the real me- or omifficn, not affecting the real merits of the cafe, may be amended, on motion rits, to be amended on motion. in court before trial, without any additional cofts.

Execution* may be III. And be it enabled by the authority afore/aid, That the clerks of the refpective courts levied on ttie property or |u?i Ton of fhall make out, fign and iffue executions, under their hands and feals, for all debts or the party calt until the amount is damages recovered in the faid courts, which may be levied on the property, or perfon farisfied. On entering ft-ru- of the party call, in any county of this State, until the amount thereof is fatisfied rity for day of levy ; cods to be paid. and in all cafes where fecurity fhall be given, with intent to ftay the levy of execution, The lame to be entered within ten the cofts of fuit fhall be previoufly paid ; and the acknowledgment of fuch fecurity days after judgment, which (hall fhall be entered in the clerk's books within ten days after obtaining judgment bear interelt until afore- latisfied. faid, TlietfiWboffiich which fhall bear intereft until fatisfied ; and the fecurity fo given, and his, her ferurity lubject in or their firft to like manner as effects, fliall be equally fubject with the debtor or debtors fatisfy fuch other debtors. judgment, intereft, and (heriff's fees.

Minutesofcourt IV. And be itfurther enaEted by the authority aforefaidy That the clerks of the fupe- to be figned by rior courts fliall keep fair and regular dockets of the court bufinefs, which fhall be the court before adjournment. figned by the prefiding judges on the bench, as far as the fame may be gone through,

Clerks to give prior to the adjournment : And the clerks of the fuperior courts fhall refpectively, bondandfecuri- previous to their entering on the execution of their offices, give bend and fufficient ty for £2,000. fecurity^ in the fum of two thoufand pounds, for the due performance of the truft repofed in them.

No '•oOs of any ac- V. And be it enabled, That no cofts attending any action in the fuperior or fpecial tion in the f iperior fpecial court fhall court fliall before judgment exceed the fum of three pounds, which fhall be divided in before judgment exceed 3I. how to the following manner, that is to f.y ; fifteen (hillings to the chief juftice, fifteen be apportioned. (hillings to the (heriff, twenty (hillings to the clerk, and ten (hillings to the attorney.

So much of the VI. And be it further enabled by the authority aforefaid, That all and every part of fuperior court the fuperior court act, or any other act or law of this State, now in force, which a tit or any other as is contrary to fliall or may be contradictory or repugnant to the true intent and meaning of this act, this act, re- the is to fully pealed. or any part thereof, dial be, and fame hereby declared be repealed Provided^

* Repealed by act of 1789, No. 421. LAWS OF GEORGIA. 339

Provided, that nothing herein contained fhall be conftrued to invalidate or extend to A. D. 1786. the injury of any procefs or other writ already brought or depending in any of the fu- 544 ' perior courts of this State,

VII. And be it enabled by the authority aforefaid; That the fenior juftice in each county The fenior juf- t!C e wn fiv e fliall iffue his warrant, annually, to not lefs than feven of the iuftices of their re- ^ 1 J othersi of each, . t fpecSHve counties, to meet at the place appointed by law for building the court houfe county empoiv-

and gaol, within thirty days after the adjournment of ,the March circuit court ; and f^th* c"rcum- the juftices fo fummoned, or not lefs than five of them, being met, {hall have full ftances of the power authority to enquire into the and circumftances of the poor of the and number overfeers- - and - county, bind out orphans, and other children that have not a comfortable fubfiftence, bind ou t' ° r

or ability to procure an Englifh education, to fome mechanic trade, or other lawful a poor tax.

occupation, and appoint fit and difcreet perfons as overfeers of the poor ; and the aforefaid juftices fhall have power to levy a tax, not exceeding fix-pence on every

hundred pounds value of all taxable property belonging to the refidents, in their refpeclive counties, which fhall be collected by the fherifFof the county, in fuch man-

ner and way as the faid board of juftices fhall diretSt ; and, in cafe any perfon or

perfons fhall neglect or refufe to pay the aforefaid tax when thereunto required, it

fhall and may be lawful, and the fheriffs of the different counties are hereby required to diftrain for the fame, in like manner as they would do in collecting the general tax,,

and fhall have the like commiftions therefor : And the moniesarifing from the aforefaid tax mall be paid into the hands of the fenior juftice in each county, to be applied,

at the difcretion of the board of juftices, for the relief of the poor of the county, who e overplus, are not otherwife provided for by the legiflature ; and, in cafe a furplufage fhould J^

remain in the hands of the fenior juftices after provifion made for the poor, the fame plied in keeping fhall be laid out by the aforefaid board of iuftices in building and keeoin? in repair the court houi«*, A yaols ckc. in court houfes, gaols, pillories, and flocks, in their refpclive counties, and fuch build- repair.

ings and repairs fhall at all times be let to the loweft bidder.

VIII. And be it further enaElcd by the authority aforefaid, That if the fenior juftice The fenior juf- negelct iffue his fhall refufe fhall to warrant as aforefaid, or neglect or to meet him- t h e fame to fo°- felf, agreeable to this a£t, he fhall forfeit and pay for every fuch offence, the fum of fe " £*5> anii five pounds with cofts of fuit, to be recovered in 3 fummary manner in the court of confeience, which fhall be applied, to the fame purpofe as the tax to be levied under and by virtue of this a£t.- WILLIAM GIBBONS, Speaker.. Augufla, February 13, 17 86.

No An Ac! to regulate the infpeclion of tobacco. - 345-

Warehoufes to IV. E it enacled by the authority aforefaid, That, *** warehoufes fliall built |3 be be built. JL3 at the feveral places hereinafter pointed out, that is to fay, in the fork In the fork Sa- between Broad and Savannah rivers, by Dyonyfius Oliver ; at the town of Lincoln, r^rat by Zachariah Lemar near Augufla, by Robert '* ; Watkins*; on Ogechee, near Galphin n^a^i"? old town Galpllin M by Solomon Pendleton ; 'and in or near Savannah, by Mordecai Sheftall y at ^. Near Savannah at the town of Hardwick by ., — . XV HarJwick. 34° DIGEST OF THE

A.D. 1786. XV. And whereas it is highly improper, that the fame perfon fhou Id be infpecto No. 345. and vender of tobacco, Be it enacted by the authority afore/aid, That no perfon to be Infpeclors fhall appointed infpector of tobacco by virtue of this act, (hall be allowed to fell tobacco not fell other tobacco than the as aforefaid,- unlefs the fame fhall be of the growth and manufacture of his own plan- growth of their tation certificate figned own plantations or plantations, and then he fhall produce a by two or more that cafe and in of the infpectors to be appointed as aforefaid, of its being fo ; and any perfon who ill a 1 1 produce certificate of fhall in violation hereof, on conviction before the fuperior court in which he fhall two or more in- refide, fhall be difcharged from acting as infpector ; and the faid court fhall proceed fpectors. Perfons offend- to appoint another in his ftead, and the perfons fo offending fhall be liable to fine not ing to be dif- exceeding the fum of fifty pounds, which (hall be fued for and recovered in any court miffed from ail- ing, and fined of record in this State, and paid into the public treafury thereof; and the perfon or not exceeding perfons making information againft fuch offender, fhall be entitled to one half the £50, how to be recovered and amount of faid fine. applied. All the reft revifed and re-enaBcd by acl of 1 79 1, No. 457. WILLIAM GIBBONS, Speaker. Augufla, February 14, 1786.

* This warehonfe is known by the name of " Calls," and was originally efrablifhed by refolution vefting an exdufive right in Brown, foe a term of years.

0££&SKi

Ac~l to vejl certain No. 346. An Congrefs with powersfor the protection of commerce. Auguft 2, 1786.

Rendered obfolete by the federal conftitution.

to Gibbons to plead and practice as an attorney No. 347« An Acl admit Thomas in the fuperior courts

of law} in this State.

Auguft 2, 1786.

Private.

No. 348. An Acl to admit certain perfons therein named, to the rights of citizen/hip.

William Pengrie, Peter Donworth, Thomas Collier, Preamble. WHEREAS Andrew Atkinfon, Thomas Cole, and Francis Forbes have petitioned this houfe to and did, at the fame time, become citizens of this State, produce good and fufEcient .

credentials of their honefty and integrity ; and this houfe being fatisfied of the au- Enacted. thenticity of the fame, Be it therefore enacted by the reprefentatives of the freemen of the

Perfons named State of Georgia in general affembly met, and by the authority of the fame', That the faid jfght^VViK William Pengrie, Peter Donworth, Thomas Collier, Andrew Atkinfon, Francis zenfhp. Forbes, and Thomas Cole are hereby admitted to all and lingular the rights and privileges of citizenfhip, any law to the contrary notwithftanding. WILLIAM GIBBONS, Speaker.

Augufla, February 13, 1 786. An —

OF GEORGIA. LAWS 34 ,

A. D. 17860 An AHfor emitting the fum offifty thoufand pounds* in bills of credit y 349 ' and for eftablifhing a fundjor the redemption of the fame, andfar " other purpofes therein mentioned,

WHEREAS the fcarcity of gold and filvcr money renders it neceffary to fup- Preamble, ply the good people of this State with a medium of commerce of a ftaple and folid nature, for want of which they already fuffer : And whereas there is a large tract of unlocated land in this State, called the New Ceffion, which ought to be pledged as a fund of credit, for relieving the public neceffities, and fupplying the treafury at this time : Be it therefore enabled by the reprefentatives of the freemen of the Enacted. State of Georgia in general ajfembly met, and by the authority of the fame. That bills of credit £50,000 in pa- to the amount of fifty thoufand pounds (hall be prepared and printed with all poflible dkundei^direc- difpatch after paffing of this act, on good paper, under the direction of the governor tion of th e go- and executive council; the charges whereof fhall be paid by the State treafurer out cil to be emitted

of the monies fo prepared and printed •, which bills of credit fhall be prepared in manner and form following, viz.

" This bill fhall pafs current for according to an act of general Form of the " affembly of the State of Georgia, paffed the day of Auguft, in the year of fame *

" our Lord, one thoufand feven hundred and eighty-fix ; dated the day " of A. D. 1786.

II. And the faid bills fhall have the State arms as an efcutcheon in the margin thereof, The feveral de- ° n tlons with fuch other devices as the governor and council fhall think proper, in order to ? h r""f prevent counterfeits, and to diftinguifh their feveral and refpedtive denominations; which bills fhall be of the feveral and refpective denominations following, and no other, that is to fay : Twenty-five thoufand fix hundred and forty-one bills of twenty (hillings each—Twenty-five thoufand fix hundred and forty-two bills of ten (hillings each—Twenty-five thoufand fix hundred and forty-two bills of five (hillings each Twenty-five thoufand fix hundred and forty-two bills of two (hillings and fix-pence each—Twenty-five thoufand fix hundred and forty-two bills of one (hilling each

And twenty-five thoufand fix hundred and forty-one of fix-pence each. And the Fit and proper erf° c governor and council fhall ufe their bed care, attention and diligence, and appoint P ns \° ^ to fu- • • • <- • • appointed r r r r i i i -n fit and proper perfons to fupenntend the prefs during the printing of the laid bills perimend the pr who a11 ' £" that the number and amount thereof, according to the faid feveral denominations be , ' o take an oath. m not exceeded, nor any clandeftine or fraudulent practices ufed by the printer, his fervants or others ; and that each of the perfons to be appointed as aforefaid to fuperintend the prefs, (hall take and fubfcribe the following oath, before they enter on the duties directed by this act : " I, A. B. do folemnly and fincerely fwear, that The form

thcreof- " I will, according to the bell of my (kill and knowledge, faithfully, impartially and " truly difcharge the truft committed to me, according to the direction of this act." III. And for perfecting the faid bills according to the true intent and meaning of this act, Be it further enabled by the authority aforefaidt That the faid bills, the deno- The faid bills how to be fign- minations ed.

* See aft of 1789, No. 410, to redeem the paper medium. 342 DIGEST OF THE

A. D. 1786. minations whereof {hall be ten (hillings and upwards, fhall be figned by any two of No. 349. the perfons to be appointed for that purpofe ; and that every of the faid bills, the denominations whereof fhall be under ten {hillings, fhall be figned by any one of the perfons to be appointed for that purpofe. And that the governor and council do appoint the faid figners, who fhall before they receive or fign any of them, take an oath to the effect following, viz.

Oath tobe taken " That they fhall well and truly fign and number all the bills of credit that fhall the figfier. a by come to their hands for that purpofe, according to the directions of this act. And « the fame fo figned and numbered will re-deliver, or caufe to be re-delivered into a the public treafury, purfuant to the directions of this act." Compcnfation IV. And each of the faid figners fhall have ten (hillings for every thoufand of the allowed the faid bills by them figned and numbered, and no more, and the perfons who fhall be fi^ntrs and fu- perintendants. appointed to fuperintend the prefs, fhall feverally receive fifteen (hillings for every

day they fhall be employed in the faid bufinefs ; and the treafurer fhall counterfign the faid bills, and fhall receive the fame as the other figners for fuch fervices. B. ticks the guaran- be it further enabled, That together with the guarantee of the ty of the goveruur V. And honor and and the faith of the faith of which is hereby given, all' that tract of land Stajle, the tcadt of Georgia which was lately ceded laud lately ce.led lying hetwecn the to this State, lying between the Alatamaha and Oakmulgee and St. Mary's rivers; Alatnmaha, Qak- jnuigee, and St. above the old Indian boundary line, fhall be, and hereby is pledged and declared to Mary's rivers is pledged and de- be a fund, out of which the bills of credit aforefaid fhall be redeemed, and cancelled' clared to he a fund to return the laid within the term of four* years by the fale of the faid lands, as a future general affem^ bills of'credit within four years. bly fhall direct, for the faid bills of credit, or gold or filver, and nothing elfe.

VI. And be it further enabled, That the bills of credit emitted by this act, be and A legal tender are hereby declared to be a legalf tender in all pafl and future bargains, contracts, in al! calls. purchafes, agreements, dealings, debts, dues and- demands, according to the fum

fpecified in the faid bill, to be taken and received at the rate and value of four {hillings and eight pence for every dollar, and fo in proportion for a larger or lefTer fum, and of equal value in the payment of fuch bargain, contract, purchafe, agreement, dealing, debt, due and demand whatever, with a Spanifh milled dollar, weighing feventeen penny-weights and fix grains, and thirty-feven fhillings and four-pence of the emiffion aforefaid, fhall be taken and received at the rate of,, or equal value to one gold half Johannes of Portugal, weighing nine penny-weights, and in the like

proportion for all other gold or filver coin.

Shall be receiv- VIL And be it further enabled, That the faid bills of credit fhall be received, and ed by the trea- taken by the public treafurer, and all other public officers of. this State as gold and furer and all o- ther public offi- filver, in all payments that are now due or owing, or that may hereafter become due cers as gold or to the State,, of what nature or kind.foever, at the rates aforefaid,. any law iilver. or owing to the contrary notwithstanding.

Any perform VIII. And be it further enabled, That from, and after the publication of this act, if counterfeiting or perfons fhall, within this State or elfewhere, prepare, engrave, ftamp, the fame to be any perfon adjudged a fe- forge, or print the. counterfeit refemblance of any paper bills of credit which (hall lon and fhall' be. fiiifer death. * Time extended and the money continued to be a tender, by act of 1789, No. 410? 14th Auguft, No,. I Ceafed to be a tender after the 1790. See a& of 1789, 410.. I LAWS OF GEORGIA. yM be iffued, emitted, and made in virtue of this act, or fhall counterfeit or fign the A. D. 1786. name or names of the figners to be appointed as aforefaid, of the faid bills of credit No> 349- to fuch counterfeit bills of credit, with an intention that fuch counterfeit bills of credit fhall be pafTed in payment or received as genuine and good bills, whether the fame be fo pafTed or received or not, or if any perfon or perfons in this State pafs, pay, or tender in payment, any fuch counterfeit money, or deliver the fame to any other perfon or perfons with an intention that they may be pafTed, paid, or received as, and for good and genuine, knowing the fame to be forged or counterfeited, every fuch perfon being thereof legally convicted in any fuperior court within this State, by verdict of a jury or confeffion of the party offending, or being indicted thereof fhall Hand mute or not directly anfwer to the indictment, or fhall peremptorily chal- lenge more than the number of twenty perfons legally returned to be of the jury for the trial of fuch offender, fhall be adjudged a felon, and fhall fuffer death without benefit of clergy. And if any perfon or perfons fhall counterfeit any of the faid bills of credit by altering the denomination thereof with defign to encreafe the value of fuch bills, or fhall utter fuch bills, knowing them to be fo counterfeited or altered as aforefaid, and fhall be thereof legally convicted in any court of record in this State, fuch perfon or perfons fhall in like manner fuffer death without benefit of clergy. Provided a/ways, That nothing herein contained fhall extend to work a forfeiture of Provifo. the eflate or effects of fuch offender. IX. And whereas, in and by an act of the general affembly, pafTed on the thirteenth day of February laft, entitled " An act to continue an act to authorize the auditor ' " to liquidate the demands of fuch perfons as have claims againft the confifcated

" eftates, and for other purpofes therein mentioned." It is enacted, that any perfon or perfons whatfoever of the defcription therein contained, fhall be at liberty to pay into the treafury a rateable proportion of his or their debt or dues recovered under the faid law, originally belonging to perfons being Britifh fubjects or adherents as therein mentioned, but is not faid in what manner the faid payment may be made :

Be it therefore enabled, and it is hereby declared, That the true conftruction of the faid Perfons indelt> in part recited act, fo far as refpects the matter above mentioned, fhall be, that the fu v,je°6is or adherents, may- faid payments fhall be made into the treafury in fpecie ; but in order to give a further credit to the paper medium, by this act directed to be flruck, It is hereby enabled, to the treafury That the debts and dues or parts or proportions of debts and dues coming within the in the faid bills defcription aforefaid, fhall or may alfo be paid into the treafury in the faid paper money to be flruck under the prefent law, but in nothing elfe ; that is to fay, either in fpecie or in the paper currency now intended to be emitted. Provided, fuch pay- pf0 vifo. ments be made at any time within nine months from and after the paffing of this act. be ma'ie^vfti.h/" TirTT T T A T\/T r»TDDA\TO Ot 7 month? from tilt;

Augujlct, Augujl 14, 1786.

An AFtfor admitting John Storr and others, to return to this State, To. 350.

Auguft 14, 1786.

Private* An 344 DIGEST OF THE

A. D. 1786. An Act for incorporating the Union Society in Savannah. No. 351. William Stephens, prefident Leonard Cecil, vice-prefident; Preamble. WHEREAS ;

David Montaigut, fecretary ; James Bullock and George B. Spencer, ftewards; Mordecai Sheftall, Oliver Bowen, John Morell, Peter Deveaux, James Haberfham, Jofeph Haberfham, Jofeph Clay, Frederick Herb, John Richards, Ben- jamin Lloyd, James Fields, John Waudin, James Milledge, Samuel Stirk, Raymond Demerie, and George Handley, have by their petition, reprefented that they are

members of the Union Society in the town of Savannah, in this State ; and that the

faid fociety has eftablifhed a fund, which is increafing for the relief of diftreffed widows, and the fchooling and maintaining poor children, many of whom have, and others are at prefent receiving affiftance from the faid fociety, and therefore pray to

be incorporated. And as the allegations in the faid petition are verified : Therefore

for promoting and encouraging focieties founded on benevolent principles, Be it Enacted. enabled the in by reprefentatives of the freemen of the State of Georgia general ajjembly mett That the Union and by the authority of the famet That the feveral perfons above named, and others Society in Sa- vannah be in- who now are and fhall hereafter be members of the Union Society in Savannah,

corporated . refpecuvely, and the fucceffors, officers and members of the fame, fhall be, and they are hereby declared to be a body corporate, in deed and in name by the name and ftile of the prefident and vice-prefident of the Union Society in Savannah, and by the

faid name, fhall have perpetual ' fucceffion of officers and members, and a common feal to ufe, with power to make, alter, change and amend fuch bye-laws and regula-

tions as may be agreed on by the members of the faid fociety ; Provided fuch laws be not repugnant to the conftitution and laws of this State. And that they have

privilege to fue for and recover all monies that now are or may be due the faid Union Society, by any name or in any manner of wife howfoever, and the rights and privileges of the faid fociety in any court to defend and to receive, take and apply all or any donations for the ufes intended by the faid fociety, and fhall and hereby are

declared to be veiled with all the privileges, powers and advantages, rights and immunities of a fociety of people incorporated for the purpofes intended by their inltitution.

Public set.. II. And be it further enafted, That this act fhall be deemed and taken as a public act to all intents and purpofes whatfoever. WILLIAM GIBBONS, Speaker.. Augujta-y Auguji 14, 1786^

No. 35a. An Acl to enable the trujiees ofthe Richmond academy to leafe out the-

commons of Augufla y and for other purpofes therein mentioned.

Preamble. WHEREAS the clearing and cultivation of the flat lands fouthward of Augufta will contribute much towards preferving the health of the inhabitants, as

well as add to the fupplies of the town: And whereas it is reprefented that the faid, Enacted, inhabitants are generally defirous that the commons fhould be leafed : Be it therefore- enaffed. 4 LAWS OF GEORGIA. 34 f enaBed by the reprefentatives of the freemen of the State of Georgia, and it is hereby en- A. D. 1786. No. 35a'. acted by the authority of the fame, That from and immediately after the paffing of this T'ic truftees o.f act, it (hall and may be lawful for the truftees of the Richmond academy, to leafe out Richmond academy empowered to any part, or the whole of the faid commons, in lots not exceeding five acres, for any leafe out tlie common of Au^nlta in term not exceeding feven years, the rent of which to be confidered as part of the funds 6ve acre lots for lever, years. of the faid academy. Talayoutthe pub- II. And be it further enabled, That the faid truftees fhall be alfo empowered to lay lic land in die low- of town out, and fell the public land on the lower part of the town, in lots of any fize lefs er end 'he into lots and fell the lame, as alio than an acre, upon fuch credit as they may deem proper ; as well as another row of a row of lots on the common to the to the fouth of, and ; and that the fales of lots on the common adjoining the fame Couth. Sales of lots hereto- of or lefs the faid lots heretofore made, more than an acre, be confirmed. And fore made, of more or lefs than one truftees are hereby directed to proceed to fell again, all fuch lots as fhall not be com- acre, confirmed. The trufteesto pro- plied for, agreeable to act of affembly, within twelve months from the paffing of this, ceed to fell all lots, the conditions and the exprefs terms of fale. of file not being rsnrolied with in III. And be it further enabled by the authority aforefaid, That the faid board (hall twelve months. have power to carry into execution in the town of Augufta, the fame regulations and The faid b aid empowered to carry into execution powers as the commiffioners of the town of Savannah may lawfully do there ; and the fame regula- that two members be added to the board of truftees for faid academy. tions in the town of Angulta as the rommiffioners in WILLIAM GIBBONS, Speaker. Savannah.

Augufta, Auguft . 14, 1786".

An Acl to regulate taverns^ andtofupprefs vice and immorality. no 353.

I. H. HI. "O ESPECTING the regulation of taverns.* _§_\. IV. And be itfurther enabled, That if any tavern keeper fhall permit or fuffer any perfon or perfons whatever to gamble, or play at cards, dice, *billiards in his, her or their taverns, with an intention of winning or lofmg money or other property, or any other houfe to them belonging, he, fhe or they fhall be adjudged incapable of keeping a tavern, and for every fuch offence fhall forfeit to the ufe of the informer the fum of five pounds, recoverable with cofts in any court of record of the county wherein fuch taverns fhall be kept.

V. And be it further enabled, That if any public officer fhall take a profane oath,

he fhall forfeit the fum of five (hillings for every fuch offence : And any other perfon or perfons whatfoever, not being a public officer, for fuch offence fhall forfeit two (hillings and fix-pence; and any perfon convicted in the court of confcience of trading with flaves without a permit, fhall be liable to pay ten pounds. WILLIAM GIBBONS, Speaker.

Augufla, Auguft 14, 1786". X An

* So much of this ac5t as relates to the regulation of taverns, and the playing at billiards repealed by act of "79i, No.4J9- 346 DIGEST OF THE

A. D. 1786. jn Jff to repeal an aclfor appointing places for holdingfuperior courts 3J4 ' °' in the counties of WafJdington and Franklin, fo far as refpecls the

county of Wafloington ; and to appoint a place in thefaid county of Wafhingtonfor holdingfuperior courts,

so much of the aa I. f~S E it therefore enacted by the rebrefentatives of the freemen of the State of Georgia in- 1 J s c j j a')i>uintift£ places B" j _. ^ . tor holding courts 1 "9 general affembly met. and by the authority of the fame, That the faid a£t for in WaOlington "^"^. r . . r n ' ami Franklin asre- appointing places for holding fuperior courts in counties of Wafhington and Frank- r the £> i'pefts the county " or . . of. walhington. re : lin, is hereby repealed, fo far as refpe&s the county of Wafhington ; and that the The fuperior place for holding fuperior courts in the faid county of Wafhington, fhall he at the courts to be held in * or ; o > future at the hptife houfe of *Thomas Tones, on GrifFen's fork of Williamfon's fwamp. orl nomas I'lnesm •> f £ H™^ WILLIAM GIBBONS, Speaker. Augujla, Augujl 14, 1-186.

* Sanderfvillc, the permaneRt feat of public buildings. See acl; of 1796 No. 554.

No - 355- An Ail to emancipate andfet free Aiiflin, a mulatto, and Harry, a negro fellow.

Auguft 14, 1786. Private.

No. 35 6. j[n Aclfor the better regulating of vendues within this State,

Auguft 15, 1786. Repealed by a8 of 1794, A^. 508.

No - 357- An Aclfor regulating the militia of this State, and for repealing laws heretofore madefor that purpofe.

Auguft 15, 1786.

Repealed'by a3 of'1792, No. 468.

No. 358. An Acl to vefl the fuperior courts in this State rwith power to regulate ferries and public roads.* tTo^fferrieT^ub" "13 ^ it enacted by the reprefentatives of the freemen of the State of Georgia, in general gerundeTdie'du J[3 affembly met, and by the authority of thefame, That from and after the palling of

1 '* [.eruTcoui uln l^s a(^) tne eftablifhment, alteration and future regulations of ferries, public roads, oFwiuXtu'be'an! and bridges, fhall be under the direction of the fuperior courts in each county ; a etotlie "esiflLure. State of which fhall be annually made from each county to the houfe of affembly at the

* The regulation of public roads vefied in the inferior courts by acl of 179a, No. 478, feci, I, and they are authorized to eftablifh ferries by a&of 1797, No. 597, fed. 7. ,

LAWS OF GEORGIA. 347

A 1 6 ' the beginning of the year ; and in particular that the fuperior court of the county of 'J^\ 2^ Chatham be empowered to caufe the public land and houfes at Great Qgechee ferry The public lami . and hottfesal great r 1 r i 1 it not exceeding feven years, upon luch terms as may be found belt, ogechee >n y to to be fold for a term L ' a ' be lU'.l not exceed- WILLIAM GIBBONS, Speaker, i»g rw dugufla, Augujl 15, 1786.

An Acl to repealfame part of an acl. for clearing the river Savannah No. 359. J from the month of Rae s creek to. Tugalo old toivn.

WHEREAS an a£t of the general affembly paired the thirteenth day of Febru- Preamble. ary, one thoufand feven hundred and eighty-fix, entitled "An aft for So much of the t k>r c! "mn 8' clearing the river Savannah from the mouth of Rae's creek, to Tugalo old town," * o o ' the river i>a v.' n- may become oppreffive in its operations, in as much as the tax to be levied for that nah above Rae's c purpofe is to be collected from fuch perfons only as live within a- fmall diftance of ' faid river ;

I. Be it therefore enabled by the representatives of the freemen of the State of Georgia As refpecls the lCl a ax aa in general ajfmbly met, and by the authority of the fame. That the faid a£r, fo far as "? $- * refpecls the raifing a tax on the inhabitants and freeholders in the vicinity of faid is repealed. river, be and the fame is herehy repealed.. WILLIAM GIBBONS, Speaker, Augujla, Ja nuary 2 2, 1787.

An Ordinancefor the confltutlng of a court for the trial of all charges made or to be made. No. 360. againfl any public officer of the State under the .\tyh article of the confitution.

February 8, 1787-.

Rendered obfolete by the confutations of 1 789 and 7798.

An Ac! for vefing certain property in Philip Hornby in the right of his late- wife Hen- No. 3CK rietta Hornby, formerly Henrietta Goldfmiih, widow of Thomas Goldfmilh, deceafed, a perfon named in the acl of conffcation and banifhment*

February 10, 178.7. Private.

t Abbot Hall, and other purpofes therein men* jv 0i An Aft to vefl certain powers in George for ^ tioned.

February 10, 1787. Private. -*» 348 DIGEST OF THE

A. D. 1787. jln Jff t regulate the opening of dams acrofs rice grounds, and the J ' °" ° making and keeping dams for the refervoirs of ivater.

Preamble. ~f[~ir T"HERE AS the practice of making and keeping up dams acrofs rice grounds for Yf the purpofe of referving water therecn during the winter, and the want of a proper law to afcertain the time when the fame ought to be opened, has been attended

with many inconveniences, and often times is the caufe of much contention; for re- Enacted, medy whereof, Be it enafted by the freemen of the State cf Georgia in general affembly met, Damsacrofsnce an^ ^ f^ g at/ ff)0r jiy j ê famej That every perfon who mall keep water during the iervoirsofwater winter upon grounds on which rice fhall be planted the enfuing fpring, {hall on 6 t0 or be ôre tne dav or" March next, and on the fifth day of March in each year, be opened? ^^ open the dams which keep up the water, in a fufficient manner for letting off the fame; and if any perfon or perfons fhall neglect fo to do on or before the time Perfons failing aforefaid, he or fhe lhall forfeit and pay the fum of one hundred pounds for every °r ei A00 ûc^ ne gl e £t> upon the complaint or information of any perfon or perfons through whofe land fuch water may pafs ; and it fhall and may be lawful for fuch perfon to inform, and fue for the fame in any court of record in the county where fuch

offence is committed, and, on conviction, the one half thereof fhall be paid to the informer, and the other half to the ufe of the poor of the faid county.

In what man- II. 2lnd be it further enaEied by the authority afire/aid, That where any perfon has fuch dams ner ne ale£ted to open his or her dam or dams in a fufEcient manner for letting the water

may be opened . . by a magiftrate oft the grounds before defcribed, on or before the fifth day of March in every year and freeholaers. j n manner a f refaid, it (hall and may be lawful for any perfon who may be affected thereby at any time after the day aforefaid in every year, either by himfelf or herfelf, or his, or her overfeer, agent, attorney or truftee, to apply to any magiftrate in the diftrict for a warrant of furvey, who fhall thereupon notify to the defendant the complaint made againft him, with the time and place of meeting, and fummons three freeholders, difinterefted perfons of the neighbourhood or diftrict where the caufe of complaint fhall lie, one of whom fhall be then chofen by the defendant, and in cafe of his refufal, then by the magiftrate, another by the complainant, and the third by the magiftrate, who (being firft fworn before the magiftrate to determine the matter in difpute juftly and impartially) fhall forthwith proceed to view the obftructions complained of; and if on view thereof the faid freeholders, or a majority of them fhall be of opinion that fuch obftructions do or may prevent the party complaining from planting his or her crop of rice in proper time, then and in fuch

cafe it fhall and may be lawful for the faid freeholders, or a majority of them, to caufe the fame to be immediately opened or removed in any way or manner they fhall think neceffary for the purpofe of giving the moft effectual relief to the party com-

plaining, whereupon the defendant fhall be obliged to pay all expences attending

Provifo. fuch furvey : Provided always, That nothing herein contained fhall extend or be* conftrued to extend, to impofe any penalty on any perfon or perfons, or to caufe his or her dams or banks to be opened, who fhall have made through his or her own lands a fufEcient drain or drains (of which the faid freeholders fhall be the judges) to LAWS OF GEORGIA. 349

to carry off the waters pafling through the fame, in as expeditious a manner as they A»*D. 1787. No 6 could have pa-fled through the natural courfes or channels, in cafe no fuch banks - 3 3- had been erected.

III. And be it further enaEled by the authority afore/aid, That it {hall and may be Ohftructions to perfon, at the lawful for any any time between faid fifth day of March and the HfJ"watefhow firft day of November, in every year, to apply in manner aforefaid for a warrant of t0 be removed. furvey on any obftructions which he or {he may conceive to impede the conveying of any furplus water on his or her rice grounds, and which by remaining thereon may prove any way injurious, or fhall at any time hereafter make or keep up any dam or dams which fhall flop the courfe of any water, fo as to overflow the lands of any other

perfon or perfons whatever; (without the confent of fuch perfon or perfons firft had and obtained) and which fhall be injurious to the faid perfon or perfons, then in either of fuch cafes the faid magiftrate and the freeholders by him appointed fhall

in the fame is directed proceed manner as in the foregoing claufe: Provided always , That if in either of the cafes laft mentioned, the defendant fhall neglect or refufe to attend at the furvey to chufe a freeholder as aforefaid, then the three freeholders

who fhall have been fummoned by the magiftrate fliall proceed to determine the matter in difpute, in the fame manner as if the defendant had been prefent and had

chofen a freeholder ; which faid freeholders fhall in both cafes certify to the faid magiftrate, under their fhall hands, what have been by them done in the premifes ; the expences attending which furvey fhall be paid by the party againft whom the award of the faid freeholders fhall be given.

IV. And be it jurther enabled by the authority aforefaid. That if any perfon, either Perfons flopp- herfelf, by himfelf or or by his or her overfeer, agent, attorney or truftee, or fervants, ^"neT. or^re- or flaves, or any -other perfon or perfons, acting for him or her, fhall prefume to placing obftnie-

flop up any dam or dams, or replace any obftructions in any manner whatfoever, «h March, and J u r t0 for which lias or have been ordered to be opened or removed by any freeholders as & J J) : ftit /"2oo 3nd aforefaid, or which has or have been opened or removed by himfelf or herfelf, or £250 for hin- Bering the open- his or her overfeer, agent, attorney, or truftee, or by order of either of them,' on ° ' ; J &r. . „ jng of dams, the faid fifth day of March until the firft day of July, every perfon fo offending fhall forfeit and pay the fum of two hundred pounds, to be recovered and difpofed of in

manner aforefaid : And if any perfon fhall prefume to obftruct, impede, or otherwife hinder or interrupt the opening of any dam or dams, or the removing of any obftructions ordered to be opened or removed by the freeholders as aforefaid, ever perfon fo offending fhall forfeit and pay for every fuch offence the fum of two hundred and fifty pounds, to be recovered and difpofed of in manner aforefaid. V. And whereas the keeping refervoirs of water by infufiicient dams, and the infufEcknt

proper wafteways thereto is frequently the caufe of fuch dams breaking want of and i*™*£° Lder overflowing the fields of other perfons to their great damage, Be it therefore ena&ed penalty of£ 100.

. by the authority aforefaid. That where any dam or dams have been made or fhall hereafter be made for the purpofe of forming refervoirs of water without a fufficient wafteway, and which now are or fhall hereafter be found inadequate to fuftain the weight of water againft the fame, the owner of fuch dam or dams fhall immediately, or as foon as may be, caufe the fame to be enlarged and ftrengthened where they 3$o DIGEST OF THE

A, D. 1787. they are already made and are infufficienr, and fuch as may hereafter be made, to No. 363. be erected in a fubftantial manner with a fufficient wafteway. And if any perfon fhall neglect to strengthen his or her dam or dams already erected for the purpofes aforefaid where neceffary, or mall hereafter erect any dam or dams for the purpofes aforefaid, and which (in either cafe) in the opinion of three freeholders, or a majority of them (to be appointed and proceed in manner herein after mentioned, re-

fpecting furveys of dams acrofs rice grounds) is or are not mad« and regulated in manner hereby prefcribed, every perfon fo offending mail, on complaint of any perfon or perfons liable to be affected thereby, and on conviction thereof in any

court of record in the county where fuch offence is committed, forfeit and pay the

fum of one hundred puunds for every fuch offence, which may be fued for, and if recovered, be difpofed of in manner aforefaid.

Freeholders at- VI. And be it further enabled by the authoi ity aforefaid) That every perfon to be two dollars per fummoned as aforefaid, fhall be a refident in the county where his attendance fhall d j y- be required, and who upon being duly fummoned and attending any furvey as aforefaid, fhall be entitled to receive the fum of nine millings and four-pence per day each for every fuch attendance, to be paid by the perfon againft whom the verdict

°^ t îe freeholders fhall be given and in cafe of the non-attendance of any perfon, edândôt at- ; tending, (hall a refident, and fummoned as aforefaid, (unlefs- prevented by ficknefs, or fome rea- magiftrate) cvcry day's nee- f°naklc excufe to be made upon oath to the fatisfaction of fuch then k&o/ refufil. a nd in fuch cafe every fuch perfon fo neglecting to attend when fummoned as aforefaid, fhall forfeit and pay the fum of ten pounds per day for every fuch neglect or refufal. WILLIAM GIBBONS, Speaker,

Augufla, February Jo, 1 787.

therein mentioned, to praclice and plead in Nov 3*4. An Acl to admit John Mathews, and others any court of law and equity in this State.

February 10, 1787.

Private.

the inhabitants the State Georgia, and others holding No, 2,65. An A3 for impofing a tax on of of properly, real or perfonal therein, for the ufe andfupport of the government thereoffrom

ihefirfi day of January, to the thirty-firjl day of December, 1 787.

February 10, 1787.

An f

LAWS OF GEORGIA. yi

8 An Ac! for regulating the trade, laying duties on all goods, wares, A - D - i7 7-

liquors, merchandize and negroes imported into this State, and alfo an impojl on the tonnage of[/hipping, andfor other purpofes therein mentioned.

-I. "jTB E it enabled, That from and after the paffing of this act the following duties Tonnage to be on ve " JUJ ma^ De paid and levied upon all goods, wares, liquors, merchandize, and E^ negroes, imported into any part of this State, and the following in.«)o(l on the tonnage

of all veffels arriving within the fame, that is to fay,* er ton ac- II. On all veffels an impoftr of one (hilling& rper ton according to carpenters meafure- V- P cording to car- ment. penters mea-

fLirement - III. And be it further enabled by the authority afore/aid, That a further fum of three

pence per ton fhall alfo be levied on all {hipping entering the port of Savannah, and A further fum fhall be, and hereby is, appropriated and fet apart as a fund towards creeling and De levied on all eftablifhing an hofpital for the reception of fick and difabled feamen in the town of veffels entering

Savannth, and the following perfons fhall be and hereby are appointed commiffioners vannah for e- reAm a ea S . i of the fame, viz. George° Houftoun, Leonard Cecil, Tames Houftoun, Tohn Wallace, f . . '• mans' hofpital. . i Benjamin Fifhborne, William O'Bryen, jun, and Richard Wylly, efquires, who (hall Commiffioners " and hereby are authorized to draw on the collector from time to time for fuch fum or of the iA "}e na n a a * n n I -ii. r P~ iums as fhall be received by him for thatpurpofe. pointed.

IV. And be it further enabled by the authority aforefaid, That the perfon appointed The health offi- health officer and hofpital, furgeon of the feaman's (hall be under the directions of to^be unfe?" dire&ion, the faid commiffioners ; and the faid health officer and furgeon (hall be entitled to re- &&*

ceive fix the fum of three (hillings and pence for every fquare rigged veffel 5 and two 3/5 for every fc uare ri (hillings and four pence for every other veffel ; drovers and veffels in diftrefs only i gg«* j an d 2/4 for evc- 'CXCepted. ry other veffel.

V. And whereas it becomes abfolutely neceffary for the better navigation of the river An additional C Savannah 3 P below the town,' that the wrecks and other obstructions be as fpeedily as , f j sr J ton,„to be levied

poffibly removed, and that a fund be eftablifhed for that purpofe ; Be it therefore enabled and fet apart as * by the authority a further of three pence per ton (hall alfo levied " aforefaid. That fum be n the°faid ri- on all (hipping entering the port of Savannah, and (hall be, and hereby is, appropri- vcr of the wrecks

ated and fet apart as a fund for clearing the faid river of the wrecks &c. And the com- rediion of the miffioners of the pilotage for the port of Savannah herein after named, (hall be and commiffioners hereby are empowered to carry the fame into effect. The faid commiffioners (hall alio be, and hereby are authorized to draw on the collector of faid port from time to time, for whatever fums may accrue, and be received by him for that purpofe. XVIII.

* The remainder of this, and former part of the 2d feci, as well .'as the other feclions omitted, rendered obfolete by the operation of the general government,

f Coogrefsby ad of nth Auguft, 1790, affesfs to the operation of this act fo far as the fame relates to the laying an impoft on the tonnage of fhips and veffels for the purpofes therein mentioned until the 10th January next thereafter —And by aces of 10th January, 179I and 19th March, 1792, further continued the fame for the term of 3 years from the laft mentioned date, and from thence to the end of the nextfeffion of congrel's. 352 DIGEST OF THE

A. D. 1787. fXVIIL And whereas it is neceffary for the encouragement and fecurity of the Ho 366. trade and navigation of the State, that the pilots of the different ports thereof be made

Commiffioners fubject to fuch rules and regulations as may anfwer the faid purpofes, Be it enaEled ^}e auihority aforejaid, That the following perfons, viz. George Houftoun, med' "ncT ap- h Thomas pointed for the Cumming, Leonard Cecil, John Wallace and Robert Bolton, jun. efquires, be, and

« ah; their pow- ^ie y are hereby appointed a board of commiffioners of pilotage for the port ofSavan- ers - nah, and they, or any three of them, {hall have, and they are hereby inverted with full power and authority to appoint any number of pilots they may think necelTary for faid port, and prefcribe and eitablifh fuch rules and regulations as they may deem ex-

pedient therefor j which rules and regulations fhall be binding on all fuch pilots, and thofe who act under them, and upon all other perfons concerned therein.

Governor em- XIX. And be it enabled by the authority afore/aid, That his honor the governor be di-

f< reeled to draw on the treafurer in favor of the faid commiffioners, for a fum'not exceed- dravT^n the treafury in their ing eight hundred pounds, to be by them difburfed in the purchafe of proper boats, anv otner wav tnev mav uc e neceffary for the better eftablifhing and conducting ceedinsr /800*' or m j ^g

the faid pilotage ; the faid commiffioners to account for the expenditure of fuch monies to the executive of the State.

In favor of the XX. And be it enabled by the authority afore/aid, That for the better encouragement

tra,ie fouthern ports of this State, his honor the governor o^pil^eefor °f m tne be directed to the port of St. draw on the treafurer for a fum not exceeding fifty pounds in favor of the commiffi- - dr 3 J £5 - y > oners f pilotage for the port of St. Mary's and its dependencies; and a fum not

exceeding one hundred pounds be allowed for the port of Sunbury ; and a further For the port of fum not exceeding fifty pounds for the port of Brunfwick, for the purpofe of purchaf-

* n ro er Doats and employing pilots for faid ports, and that they fhall account for and Ao for the S P P > port of Brunf- the expenditure of fuch monies, in like manner as the commiffioners of pilotage for the port of Savannah.

Commiffioners XXI. And be it further enabled by the authority afore/aid, That John Baker, John of pilotage ap- j^^ and Alexander M'lver, efquires, be, and they are hereby appointed commif- portofSunbury. fioners for the port of Sunbury, inverted with the fame powers as thofe mentioned in this law for regulating the pilotage of the port of Savannah.

., XXII. And be it further enabled by the authority aforefaid That Jacob Weed, James F f t St. Mary's. Seagrove, and James Armftrong, efquires, be and they are hereby appointed commiffioners of the port of St. Mary's and its dependencies, inverted with the fame powers as thofe mentioned in this law for regulating the pilotage of the ports of Savannah and Sunbury.

it enabled by the authority That Andfortheport XXIII. And be further aforefaidy James Spalding, of Brunfwkk. Elifha Hopkins, and John Braddock, efquires, be and they are hereby appointed

The colle&ors commiffioners of the port of Brunfwick, inverted with the fame powers as thofe men- and harbor maf- tioned in this act for regulating the pilotage in the other ports of this State ; and that tile re** _ /» 1 /* *—» • m a fpedive ports the collectors and harbor matters of the refpective ports for the time being fhall be,

anc* t^ie are nereby declared to be commiffioners of the pilotage in addition to thofe ^mmiffi ^ y -appointed^ already

act congrefs pafled Auguft 1789—all pilots are to be regulated by the laws of the I By of 7, refpedive States until congrefs makes further provifion.

* * LAWS OF GEORGIA. 353

already appointed, in virtue of their offices, for the ports to which they teipeclively A. D. 1787. No 366. belong. -

XXX. And be it enabled by the authority aforefaidy That an harbor mailer be appointed Harbor mafter t° be a PP ointe d for the port of Savannah, (who fhall alfo execute the duty of tonnage mafter.) And . 1 x ' ° ' for the port ot that no perfon may plead ignorance of the rules and regulations of the port, it fhall Savannah—his duties> be the duty of the harbor mailer to go on board all veffels immediately on their arrival

in port, and inform the mafters or commanders of the fame : And alfo furnifh all the

pilots with printed regulations and inftrudtions, who fhall be directed to make them - ,,. SI)aII rere lve on known to the mailers of all veffels on their arriving within thebarj and the faid har- anY-m^lfnar efIe!s; bor mailer fhall receive for fuch fquare rigged veffel five fhiliings, and for all Hoops ?

and fchooners three {hillings and fix-pence from the mafters of faid veffels ; and the the orLfs-andh^

faid harbor mafter fhall be fubject to the orders and inftruclions of the board of com- board ofcommifii- miffioners of pilotage for the port of Savannah, and removable by his honor the removable by the

. - executive for mif- . -i r in • n t • governor and executive council for neglect or mifbehavior. bei«,vior,

XXXII. And be it further enabled by the authority aforefaidy That the harbor mafter His fees for the a l rement fhall meafure all veffels fubject to the payment of tonnage, the firft voyage they may ° ^fl e i g

make to the port of Savannah ; and fhall receive the following fees for the fame, viz.

on all veffels meafuring one hundred tons and upwards, feven fhiliings ; and on all veffels under one hundred tons, four fhiliings a"nd eight-pence, to be paid by the mafters of faid veffels fo meafured. Provided a certificate of the meafurement be lodged with the collector by the harbor mafter, previous to the clearance of faid veflel.

" be it enabled by the authority AM ti z 1 XXXIV. And further aforefaidy That fix-pence in addi- l °p I. 'i"

levieii 1 the tion to the tonnage, levied for the feaman's hofpital and clearing the river Savannah 2 ? '," o * 1 o ports of Sunbury, below the town, fhall be alfo paid by all mafters of veffels of the wrecks entering the Marvw'fHtidfo" fhall ports of Sunbury, Brunfwick, and St. Mary's, and be appropriated and fet apart hou^es^ind^fap- eilablifhing l as a fund for erecting light houfes, and and fupporting pilots, and fhall d°"«f/dire«Sn 5 be under the direction of the commiffioners of pilotage for faid ports, and to be by pnowfeT'^ ^ them drawn in the fame manner as from the collector of the port of Savannah.

be it enabled by the authority aforefaidy That harbor XXXV. And further an and ton- ""Rafter tfbe nage mafter be appointed for the port of Sunbury, and one for the port of Brunfwick, ^^'"of'Lityt an<1 and alfo one for the port of St. Mary's and its dependencies, who fhall entitled to * be |"mws the fame fees and fubject to the fame regulations as thofe of the port of Savannah.

XL. And be it further enabled, That all former acts laying duties on goods, wares, ah acts laving du. ties on goods and ... . . 1 • fi • n 1 liquors, merchandize and negroes imported into this State, and alfo imports on the imports on tonnage tonnage of fhipping payable to this State be, and the fame are hereby repealed.

XLII. And be it further enabled. That in cafe of death or refignation or refufal to Vacancies- to be filled by act of any of the commiffioners herein appointed, that his honor the governor and the ex- ecuuve. executive council fhall be, and they are hereby authorized to appoint a proper perfon or perfons in the room of fuch commiffioner or commiffioners fo refufing, dying or refigning. WILLIAM GIBBONS, Speaker. Augufa, February 10, 178 7.

Y y An DIGEST OF THE 3 S 4

A. D. 1787. *An Ac! for butter regulating the town of Savannah and the hamlets

No 6 7- - 3 thereof.

HEREAS the town of Savannah and the hamlets thereof require regulation, w Beit enofled by the freemen of the State of Georgia, in general affembly met-, TownofSavan and by the authority of the fame, That the faid town and hamlets be divided into feven nah * n< " " warc*s, the town as ufual to confift of fix, viz. Percival, Darby, Anfon, Reynolds, A rr feven wards. Heathcoat, and Dicker wards, and the hamlets of Ewenfburgh and Yamacra lhall conftitute the feventh, and be known by the name of Oglethorpe's ward.f

Wardens to be H- ^"d be it further enaEled by the authority aforefaid, That on the firfl Monday in annually elefted ]yi arch annually, and every year, the proprietors of lots or houfes within the faid wards, '*. ; ; r y onfirft Monday , f , , in March—in who (hall be or the age 01 twenty-one years and upwards, lhall meet at the court manner. what noufe Q f the faid town, and under the direction of two or more magiltrates proceed to ballot for a warden for each ward, who fhall alfo be a proprietor of a houfe or lot within the limits of the town or hamlets as aforefaid; and the wardens fo chofen To eleft a prefi- or a majority of them fhall meet on the Monday next following, and elect by ballot

own body, ap- out of their own body, a perfon to act as prefident of the board; and they fhall alfo point a clerk appoint a clerk and fuch other officers as may be deemed necefTary to carry this act

cers. into execution.

e %t urt^er wafted by the authority fo cho- Their powers ^' ^"d ^ f aforefaid. That the wardens for the good or- fen fliall have full power and authority to make fuch bye-laws and regulations, and

meiit of° the t0 inflict: or impofe fuch pains, penalties, and forfeitures, as fhall be conducive to town and ham- the good order and government of the town and hamlets as aforefaid. Provided, That fuch bye daws and regulations be not repugnant to the laws and constitution of this State.

be it enaEled by the authority That it fhall and be law- To raife by af- ^V. And further aforefaid, may feffment al1 fulfor the faid wardens or a majority of them, yearly and every year, or oftener if . Aims of money . , _ „ _ ceceffarytocar- occafion may require, to make, lay, and aiiels one or more rate or rates, aiieiiment ry this a

V* ^e it further enabled by the authority aforefaid, That the wardens to be cho- And rent or ^"d leafe at public fen under this act, or a majority of them, are hereby veiled with full power and au- 3 rent, at the land including thority to let, leafe, or public fale, any lot or lots of land, including acres the 16 \Qi f \ zn(\ containing fixteen acres, called the Spring, weftward of the faid town of calledtheSpring ° ° c , and the Vendue bavannan, Houfe. * See corporation a& of 1 7 89^ No. 430. Limits of the corporation explained, of No. J- 1795, 529. 3 LAWS OF GEORGIA. Si-

Savannah, and the building commonly called the Vendue Houfe; and the monies A. D. 1787.

1 " arifing therefrom (hall be applied by the faid board of wardens to the carrying this °* 3 7 adt into execution.

VI. And be it further enabled by the authority afore/aid. That all rates and afleflments, Affeffments.pe- forfeitures, laid incurred fhall pains, penalties, and or under this atl, be levied and fekure's, how to recovered by warrant of diftrefs and fale of the offenders goods, under the hands and ^ recovered, feals of the faid prefident or wardens, or a majority of them, or by warrant under the hand and feal of any juftice of the peace for the county of Chatham.

VII. And be it further enabled by the authority afore/aid. That the faid prefident An account of and wardens by their clerk fhall publifh in the Georgia gazette monthly and every be pubiifhed month, an account of the expenditures of all monies which they fhall receive by vir- monthly. tue of this act, for the information of the inhabitants of faid town and hamlets. e VIII. Whereas it appears by the petition of a number of perfons owning wharf 2£ ^""fi^fce lots in the faid town of Savannah, that the boundary of the back part of faid lots MLnliTpij'nVf dur" fronting the Bay-ftreet of faid town, was eftablifhed by a law paffed under the Britifh hlg'&Twaf: government, and a * plan thereof was recorded in the furveyor-generars office of the State, (then province) which plan was loft during the late war, in coniequenee of which the owners of faid lots aie put to great difficulty in placing their buildings, Be it enabled by the authority aforefaid, That the prefident and board of wardens appointed boanTof wardens under this acl are fully empowered to fix the boundary of the faid lots, in fuch manner ^'"boundary Jr as to them may appear juft and equitable j and that a plan thereof be recorded in the P ian thereof to be furveyor general's office, and alfo in the office of the clerk of the county of Chatham. To regulate the IX. And be it further enabled. That the faid board of wardens fhall have full power J docks. , public to regulate the public docks between the wharfs, fo as to prevent the injury which is now done to the navigation of the faid river by the docks being open. re e e X. And be it further enabled by the authority aforefaid, That the wardens appointed T j. t 3erS under this act fhall have, and are hereby veiled with the powers and authority of ofjuftkesofthe peace. juftices of the peace within the town and hamlets aforefaid. XL And be it further enabled by the authority aforefaid, That all former laws here- ^^ffed^for tofore pafled for the better regulation of the faid town of Savannah and the hamlets the regulation ° thereof, be and the fame are hereby repealed. n ^ hamkurc- WILLIAM GIBBONS, Speaker. Peakd.

Augujlat February 19, 1 78 7.

* A general plan of the town of Savannah is in fecretary of the States' office, annexed to an arSt of 1 770— probably the fame alluded to in this acl, (fuppofed to be loit.)

An Abl to confirm and explain certain refolutions of this houfe, relating to the eflate of the No. 368. late Reverend John Joachim Zubly> deceafed.

February 10, 1787.

Private* An 35<* DIGEST OF THE

A. D. 1787. An Aft to admit Jacob Walburger, James Williams, and Abraham Jack/on, Efquires, to No. 369. the practice of the law in this State. February 10, 1787.

Private.

No. ii70. An Ordinance to appoint commiffioners to a/certain aad fettle the boundaries of this State ivith the State of South Carolina,*

Commiffioners E it ordained by the reprcfentatives of the freemen of the State of Georgia, in general named and appointed tofettie ajfembly met, and by the authority of the fame, That John Houftoun, John Ha- all differences berfham, and General Lachlan M'Intoih, Efquires, be and they are hereby appointed with the State of South Caro- commiflioners, and inverted with full and abfolute power and authority in behalf of lina relative to this State, to fettle and compromife all and fingular the differences, controverfies, boundary. difputes and claims which fubfift between this State and the State of South Carolina,

relative to boundary ; and to eftablifh and permanently fix a boundary between the two States. And this State ihall and will at all times hereafter ratify and confirm

all and whatfoever the faid commiffioners or a majority of them ihall do in and

touching the premifes ; and the fame ihall be for ever binding on this State : Pro- Provifo. vided always, That the commiffioners appointed by the State of South Carolina ihall have as exteniive powers veiled in them by the faid State, as are hereby veiled in the commiffioners of this State. WILLIAM GIBBONS, Speaker. Augufa, February 10, 1787.

Settled by convention at Beaufort. See appendix, page , and acl: of 1788, No. 39a, ratifying thefame.

" No. tfl. An Acl to continue and amend an Acl, entitled An acl for the better regulating of vendues within this State." February 10, 1787.

Repealed by acl of 1794, No. 5C8.

No. 372. An Acl; to prevent biting, gouging, maiming, or othernvife deflroying or injuring any of the members of the body.

Preamble. "HEREAS nothing more forcibly marks the barbarity and the ignorance of

a country, than the favage cuftom of biting and gouging, and which is moreover too frequently attended with the lofs or disfiguration of fome of the mem-

bers of the body : For prevention whereof, Enacted. I. Be it enabled by the rcprefentatives of the freemen of the State of Georgia in general ajfembly met, and by the authority of the fame, That if any perfon or perfons after the palling of this act, ihall wilfully or maliciouily cut out or difable the tongue, pufr out LAWS OF GEORGIA. 357

out an eye, flit the nofe, bite or cut off the ear, nofe or lipp, or cut off or difable A. D. 1787. No. 372- any limb or member of any perfon or perfons within this State, in fo doing, to maim Any perfon maim- or disfigure in any of the manners before mentioned, that then and in every fuch cafe, in.:; another by bit- inc, gougirrfej etc. the perfon or perfons offending, their counfellors, aiders, or abettors, knowing of (hall forfeit for t lie firft offence ion!, the and privy to the offence, as aforefaid, fhall for the firft offence, forfeit the fum of and ftand in pilory not exceeding two hours. one hundred pounds, and ftand in the pillory not exceeding two hours ; one half of which fine to go to the party injured, the other half to the State, and the offender to unable to pay ftand committed until the fine is paid. And if fuch offender fhould prove unable to if fiich fine to receive 100 ladies. pay faid fine, to receive one hundred lafhes on his bare back, and fet at liberty ; and The fecond offe nee for the fecond offence are hereby declared to be felons, and fhall fuffer death with- felony. out benefit of clergy : Provided, That the faid attaint fhall not extend to corrupt the Piovilb. blood, forfeiture of the wife's dower, or the offender's goods and chattels. WILLIAM GIBBONS, Speaker

Auguflay February 10,. 1787.

No 373- An Act to compel the fettlement ofpublic accounts, for inflicting penal- - ties on the officers of this State njuho may neglecl; their duty, and for vefling the auditor -with certain poivers for the more fpeedy fettlement of the accounts of this State ivith the United States.

WHEREAS in the courfe of the late conteft between the United States of preamble. America and Great Britain, very large and great expenditures and advances of public money have been made by the good people of this State in the common caufe : And whereas many of the perfons to whom fuch advances of money have been made, regardlefs of the public welfare as well as of their own credit and character, have refufed or neglected, and do ftill refufe or neglecl: to exhibit their accounts and vouchers, and to fettle their accounts, notwithftanding the opportunities which have been given, and the repeated calls which have been made upon fuch defaulters. And whereas divers of the faid defaulters who ought to have attended upon, and accounted with the committee of finance of the general affembly of this State, (though fuch perfons have been frequently called on by the faid committee to appear before them, and to exhibit their accounts and vouchers, in order that their feveral accounts might be adjufted and fettled) have refufed or neglected to appear before the faid committee, or to exhibit their accounts and vouchers, and have their accounts fettled as aforefaid.

And whereas it is highly neceffary, as well for afcertaining and fettling the accounts of the expenditures made as aforefaid by this State, before the revolution and fmce, and in order to fatisfy the good people of this State of the true fituation of their pub-

lic finances, and of the neceffity of fubmitting to the heavy taxes which have been

laid upon them : In order therefore to compel the defaulters aforefaid, and every of

them, and all others to whom the public monies of Georgia may have been advanced or paid, either before the revolution or fmce, or who may be otherwife poffeffed of public 3$3 DIGEST OF THE

A. D. S787. public money or other property, and who ought to account for the fame, to attend No. 373. t jie aiK?[tor of this State, and produce their accounts and vouchers, and fettle their faid accounts, and pay over to the treafurer of this State, the balance which may be refpectively due to this State from fuch defaulters.

The auditor em- I'« Be it enacled and it is hereby enacled by the reprefentatives of the freemen of the State powered to fet- f Qeor rt\a jn general affembh met, and by the authority of the fame. That the auditor be tie the accounts J 11 n 1 • 1 r> i- i- ofpublicofiicers and he is hereby veiled with full power to collect, audit, liquidate, adjuft, and fettle and all oth-r accoun ts of the' late and prefent treafurer or treafurers of this State ; the late perlons who ^ r have been cr and prefent commiffioner or commimoners of confifcated eftates j the late and prefent 6 c °U e or or collectors of duties or imports the late and prefent collector or collectors cTof monies or & ; goods of this receiver or receivers of public taxes in the respective counties ; the late and prefent

attorney general or attorney generals ; the late and prefent fheriff or fheriffs, and

clerk, or clerks of the refpeetive counties ; and the accounts of all fuch other perfon or perfons who have been or may be intruded, or have or may become pofleflcd of the

monies, goods, or effects of this State ; and in any cafe where it fhall appear that a balance of monies (hall be due by any fuch perfon or perfons to this State, the auditor

{hall direct that payment thereof be made to the treafurer of this State ; and the certificate of the faid auditor fhall be conclufive evidence in an action of debt, at the fuit of the State againfl any perfon or perfons for the fums of money which fuch perfon or perfons owe or may be indebted to the State, and no fet cffor deduction from the fame fhall be admitted.

^"^ ^e lt further enacled by the authority aforefaid, That it fhall and may be A th rized to ^* call before him lawful for the faid auditor, as often as there fhall be occafion, to call before him by 2 and in cafe of to iffue writ of attachment in fuch" perfons fubpcena or fummons, contempt, a order with the riecef- to compel the appearance of any perfon or perfons who is or may be accountable, and to compel before the faid auditor, by virtue of this act, or who the faid auditor may reafonably their attendance fuppofe is or are capable of giving evidence or information concerning the faid

accounts or any of them ; and the faid auditor is hereby authorized to examine, upon oath or affirmation, any perfon as witnefs refpecting any fuch account, which

oath or affirmation the faid auditor is hereby empowered to adminifter ; and in cafe any perfon or perfons on whom fuch fubpcena or fummons fhall be ferved, being accountable before the faid auditor, (hall refufe to appear as in fuch writ fhall be expreffed and directed, or having appeared before the faid auditor fhall refufe or neglect to exhibit his, her or their account and attend the fettlement thereof, or being fummoned as a witnefs fhall neglect to appear before the faid auditor at the time and place appointed, in and by fuch fubpcena or fummons, and fhall make default thereupon, or having appeared as aforefaid, fhall refufe to make a full difclofure of his, her or their knowledge in the matter depending before the faid auditor, the faid auditor may award an attachment, and commit fuch delinquent or delinquents to the

nearefl common gaol, there to be holden till fuch perfon or perfons fhall fubmit to

the faid auditor, and comply with the directions of this act ; and all perfons who fhall be fummoned as witneffes by the faid auditor, and every fheriff, coroner or other

officer to whom he fhall direft his writs or precepts as aforefaid, fhall be allowed like LAWS OF GEORGIA. 359 like fees for their attendance and fervices as witneffes fummoned to appear in the A. D. 1787. fuperior courts of this State, and as fheriffs, coroners and other officers are entitled No. 373- to in fuch courts, to be levied on the feveral delinquents by the faid auditor by warrant, in the like manner as debts under ten pounds are recoverable.

III. And be it further enatled by the authority aforefaid, That if any perfon or perfons Perfons accountable before the who by virtue of this act, are or fhall be accountable before the faid auditor for any auditor and du- fum or fums of money, which have been or may be advanced to or received by fuch ly fummoned, refufing to com- perfon or perfons, or for any monies, goods, chattels or effects, which have or may ply with this come to the hands or poffeffion of fuch perfon or perfons, fhall for three months after acT:, how to be proceeded a- fervice of fubpcena or aforefaid, for the fuch fummons as fuch perfon or perfons to gainft. appear before the faid auditor, and exhibit and fettle his, her or their accounts as aforefaid, refufe or neglect to obey fuch fubpcena, fummons or demand, and complv with the directions of this act, then fuch perfon and perfons fo refufing or neglecting fliall be liable to an action of debt or other action at the fuit of the State, for the whole of the fum and fums of money, g*ocds, chattels and effects belonging to the public, which he, fhe or they ought to account for as aforefaid, before the fa'd auditor, and fhall be for ever barred of fettling off any charge or expenditure thereout, unlefs the faid auditor, before the faid term of three months be expired, certify in behalf of fuch perfon or perfons that it is reafonable that further time be allowed fuch perfon or perfons for exhibiting and fettling his, her or their accounts, in which cafe upon fufficient fecurity being entered by the party or parties in whofe behalf Provifo. Nothing herein &tch certificate fhall be made for the whole money or other property unaccounted contained fhall prevent the fet- for by fuch perfon or perfons, his honor the governor in council may, by an entry on tlement or in- their minutes, allow of further time as aforefaid : Provided, That nothing herein con- fpection of public accounis by fhall prevent the fettlement or infpection of any public accounts by the com- tained the committee mittee of finance appointed annually by the houfe of affembly. of finance.

IV. And be it further enacted by the authority aforefaid. That the auditor be, and he The auditor vefted with full is hereby vefted with full power and authority to audit, liquidate, adjuft and fettle the power to audit accounts of this State with the United States, with power to fend for fuch perfon or and fettle the accounts of this perfons, paper or papers, record or records, as he may deem neceffary in the fettle- State with the ment of the faid accounts ; and every fuch perfon or perfons who fhall neglect or United States. refufe to obey the fubpcena, fummons or demands of the faid auditor in manner as by this act is pointed out, fhall incur and fuffer all the pains and penalties inflicted by this act. WILLIAM GIBBONS, Speaker.

Augujta, February 10, 1 787.

An Acl for fixing on proper placet in the counties of'Effingham , Glynn No. 3.74- and Camden, for erecting gaols and court houfes, andfor ejlablifhing fuperior courts in the counties of Franklin and Greene.

HEREAS the rapid increafe of population in the counties of Glynn and W Camden and their frontier fituation require the moft pointed attention of the legiHature .

3 6 ° DIGEST OF THE

A. D. 1787. legiflature that an equal diftribution of juftice may take place in the faid counties, in No. 374. common with the other counties in this State. Enacted. I. Be it enacted by the reprefentatives of the freemen of the State of Georgia, in general A court hemic ami gaol to be eiectyl, affembly met, and by the authority of the fame, That from and after the paffing of this aft and the elections held in tlie county a court houfe and gaol {hall be erected, and the elections held in and for the county of Glynn, at the of Erunf- town of Glynn, at the town of Brunfwick : A court houfe and gaol fhall be erected, and wkk. the elections held in and for the county of Camden, at a town to be laid out by In Camden, at St. the a town to Patrick, commiffioners herein after appointed for the faid county, be laid nut on the named and on the fouth fonth (ide of Sa- fide of the river Great Satilla, and to be by the name of St. Patrick's. tilla river. known f II. And ivhereas no provifion hath hitherto been made by law for building a court houfe and gaol in the county of Greene, nor any time appointed for holding the

In Greene, at fuperior courts in the faid county, for remedy whereof, Be it enacted by the authority the town of nforejaid, That a court houfe and gaol fhall be erected, and the elections held in and Greenefbo- rough for the county of Greene, at the town of Greenfborough, and that the fuperior courts fhall be held at Gieenfborough, on the next Tuefday after that of Wafhington. III. And ivhereas the place appointed for erecting a court houfe and gaol, and holding elections in the county of Effingham hath been found inconvenient to the in-

In Effingham, habitants of the faid county, Be it therefore enacted by the authority afore/aid, That a at or near the court houfe and gaol fhall be erected, and the elections held in and for the county of Indian bluff, by the name of El- Effingham, at or within three miles of a place called Indian Bluff, on the north fide btrtfton. of the river Great Ogechee, and to be known by the name of § Elbertfton, and that fo much of the act, entitled " An act for the fixing and eftablifhing court houfes and

gaols, and the fixing and regulating elections in the different counties of this' State," puffed on the twenty-fixth day of February, one thoufand feven hundred and eighty- four, as relates to the erecting a court houfe and gaol, and holding elections and fuperior courts in and for the county of Effingham, at Tuckafee King's, be and the fame

is hereby repealed.

Commifhonsrs IV. And be it further enabled by the authority aforefaid, That John Tomkins, John named and ap- Parmer-, William Stephens, John Burnett, and Alexander Rainey, efquires, be, and pointed for e- recting a court they are hereby appointed commiffioners for erecting a court houfe and gaol in and houfe and gaol for the county of fGlynn ; Jacob Weed, James Seagrove, John Webb, and Natha- in Glynn.

niel efquires, commiffioners in and for the county of ^Camden ; David Camden. Afhley, Grefham, William Greer, Thomas Harris, William Fitzpatrick, and Robert Greer,

Greene, and efquires, commiffioners in and for the county of Greene ; and Olipher Bowen, Ben- jamin Lanier, and Thomas Lane, efquires, commiffioners in and for the county of

Effingham. ^Effingham. V. And ivhereas the place appointed for holding elections and fuperior courts in

the county of Franklin is found by experience to be extremely inconvenient to a majority

f So much as relates to holding courts, &c. at St. Patrick's, repealed by act of 1792, No. 464. Commiffion- ers appointed by a As of 1790, No. 443; and 1791, No. 452; and 179a, No. 465, authorized to fix upon another place. § Commiffioners authorized to fix on another place. See adT of 1795, No. 527. * Other commiffioners appointed for Camden and Effingham. See act of 1 790, No. 443.

f Other commiffioners appointed by adl of 1 79 1, No. 452. . .

LAWS OF GEORGIA. 361

jority of the Inhabitants of faid county, Be it therefore enabled by the authority aforefaid, A. D. 1787. That from and immediately after the paffing of this act, the place for holding elections No> 374> and fuperior courts in the faid county of Franklin (hall be at the houfe of Benjamin The elecftions for holding fuperior courts for the faid county fhall Acles, and the time be the next courts t» "be Tuefday after that of Greene; and that fuch part of an act of the general affembly, held in Franklin entitled "An aft for fixing and eftablifhing court houfes and gaols in the counties of Acks. Wafhmgton and Franklin, and for holding fuperior courts in the county of Franklin," as relates to the fixing a place for holding elections, and time of holding fuperior courts, be, and the fame is hereby repealed.

VI. And be it further enabled^ That the commiffioners of each county, or a majority CommifP-oncrs ° of them, fhall have full power at any time of their meeting for the purpofe above men- t any- timi°ui tioned, to proceed on thebufinefs fpecified by this act. proceed to bu- llnefs ' WILLIAM GIBBONS, Speaker.

AuguJIa, February 10, 1 787.

An Acl to amend an Acl for regulating the infpeclion of tobacco, and No - 375- for other purpofes therein mentioned.

I. II. III. IV. V. T> EVISED and rc-enadted by an aft of 179 1, No. 431. ivkereas an infpection JlV VI. And at the town of Wrightf- Preamble. „ borough will greatly contribute to the eafe and convenience of the inhabitants of the upper parts of this State, and tend greatly to encourage the cultivation and railing of authority tobacco : Be it therefore enacted by the afjrcfaid, That an infpe£lion of tobacco Ena&ed. Aninfcsdiatwf be, and the fame is hereby eftabliflied to be held in the town of Wriehtfboroutrh on tobacco eftab- 1>rp . ,., fuch lot or place as the commiiiioners for faid town may think proper for that purpofe, lifted at Wngh.tfb.aro to be under the fame regulations as other infpections of tobacco within this State. VII. And whereas there is a number of vacant lots in the faid town of Wrightfbo- Cemmiffioners of the t°wn em rough, and no way pointed out for the difpofal of the fame,' Be it therefore enabled bv ,T 1 * * • J *fa» . J to lell m powered the authority aforefaid, That the commiffioners for the faid town, or their fucceffors in and convey the office be, and they are hereby empowered and authorized to fell and make titles to ^iaWe^and all fuch vacant lots or lands appertaining or belonging to the town of Wrightfborough, apply the mo- ? arifmg from fuch fales, to be appropriated to the ufe of the faid and all monies town "h" ufb' of the in fuch manner as the commiffioners may think moft convenient. town. WILLIAM GIBBONS, Speaker.

Augujlay February 10, 1 787.

An Act for taking certain perfons out of the acl of confifcation and ba- No. 376. ni/Jjment, as far as refpeels the banifhment of the perfons therein named, and other purpofes therein mentioned.

WHEREAS the legislature of this State, by an act palled the fourth day of Preamble. May, one thoufand feven hundred and eighty- two, at Augufta, entitled '* An act for confifcating and banifhing certain persons therein mentioned," did con- Z z iifcate 362 DIGEST OF THE

.A. D. 1787. fifca.te the eftate and banifh the perfon of Philip Delegall, junior ; alfo did confifcaie No. 376. of John McDonald, his heirs, devifees and afligns : And ivhereas the prefent legislature have agreed to take the faid Philip Delegall, and the heirs, devifees and afligns

of John McDonald, out of the faid aft of confifcation and banifhment, fo far as it refpecls the banifhment of faid Philip Delegall, and the heirs, devifees and afligns

Enacted. of John McDonald : Be it therefore enabled by the reprefentatives of the freemen of the Certain perfons State Georgia in general ajjembly met, and it is hereby enabled by the authority the refeafed from of of banifhm.nt. fame, That Philip Delegall, and the heirs, devifees and afligns of John McDonald, be and they are hereby feverally relieved from the pains of the faid a£t of confifcation and baniihrnent, fo far as refpecls the banifhment of the faid Philip Delegall, and the heirs, devifees and afligns of John McDonald.

Their eftate, II. And be it further enabled by the authority afot efaid, That the property, both real real and perfon- and perfonal of the faid Philip Delegall, and faid John McDonald, his heirs, devi- al, remaining unfold, veiled fees and afligns, that has remained unfold by the commiflioners of confifcated eftates, in them. under the acT: of confifcation and banifhment, fhall be theirs to all intents and pur-

pofes, any thing contained in the ac"t of confifcation and banifhment to the contrary notwithstanding.

Certain perfons III. And be it further enabled, That Thomas Gibbons, Patrick Crookfhanks, and admitted to ail Alexander Spears, of the county of Chatham, Efquires Glinn, Spald- the rights of ci- J. 5 John James tizenlhip. ing, Thomas Young, Levi Sheftall, George Barnes, and John Taylor, be and they

are hereby admitted to all the rights and privileges of free citizens of this State, any law to the contrary notwithstanding.

Certain other IV. And be it further enabled by the authority aforefaid, That the faid a£t of confif- perfons releafed banifhment, fo far as relates to the banifhment of Mincey, from banifh- cation and Abraham John ment. Corker, John Fox, and William Jones, be and the fame is hereby repealed.

Mary Fleming, V. And whereas there are debts due, and property which remains unfold, belong- the debts due to ing to the eftate of Thomas Flemming, deceafed, and application has been made to herhufband,and his property re- this houfe by Mary Flemming, widow of the faid Thomas Flemming, to veft fuch maining unfold, debts and property in her, Be it enabled by the authority aforefaid, That all debts due vefted in her and her heirs. to the faid eftate, and property which remains unfold, be vefted in the faid Mary Flemming for the ufe of herfelf, her heirs and afligns for ever. WILLIAM GIBBONS, Speaker.

Augujla, February 10, 1 787.

No. 377. An Ablfor vefling the eflates, real and perfonal, unfold, of Henry Sharp and Matthew Moore, in the hands of their refpeblive children. February 10, 1787.

Private* An LAWS OF GEORGIA. 363

An Acl to prevent felons tranfports from other States coming into or A. D. 1787. 37 rcfiding in this. ° ."

I, [) E it enabled by the freemen of the State of Georgia in general affembly met, Felons tranf- and by the authority the fame, In order to prevent the dangerous evils arifing ?[3 of j^r countries from communication with felons tranfported from other States or nations whereby or States, m.t e e a the morals of many who would otherwife be good citizens may be corrupted, that > ^e f pr fo from and immediately after the paffing of this act no perfon or perfons, felons from or trutt, or any-

or States, tranfported or banifhed from the fame, for any crime or . other countries ges f a free charge whatever, fhall be eligible to any nod or office of truft or profit, or be other- man in this wife entitled to any of the privileges, immunities, or liberties of a freeman or freemen of this State, and on proof of the fame by one legal evidence, or by the authentic certificate under the feal of any State, nation, corporation or court from whence he, (he, or they may be banifhed or tranfported, fuch felon or felons (hall be by warrant and mittimus, under the hand of the chief juftice of the State, or one of the juftices of the court where fuch proof fhall be eftablifhed, committed to the common gaol of To be comraitr- • . ed to the coro- , -ii-i 1 -i the county without bail or mainpnze, there to remain until a convenient opportunity mon ^o\ and the executive, to" fhip or otherwife fend off therc t0 remain may be procured by honorable the fuch _ felon or felons from and without the limits of this State, never thereafter to return : fent ff;

And in cafe fuch felon or felons fhould after fuch fhipping or fending off return within Not to return- " nd a of the limits of the fame, he, me, or they fhall on conviction fuffer death without 7 P !" ' death without . . benefit of clergy. Provided neverthelefs, on fuch firft proof of tranfportation fuch benefit of clergy offender or offenders charged as felons as aforefaid, fhall not be debarred the right of Provifo. trial by jury, and fhall be allowed every right of evidence to counteract fuch proof. WILLIAM GIBBONS, Speaker.

Augtfa, February IO, 1 787.

An A£l to repeal and amendJome part of an ail for regulating the militia of this State. No. 379$. February 10, 1787.

Repealed by ac? of 1 792, No. 468.

An A8 for enabling the United States of America to commence and profecute atlions or No. 38^ fuits in any of the courts in this State, for the recovery of their common rights and interejls.

February 10, 1787.

Obfolete, See federal confitution.

Ac! the appointment commiffioners to An for of run the line defignatinv No. S8T- the Indian hunting grounds.

WHEREAS disorderly perfons regardlefs of the lives and happinefs of the good citizens of this State who are fettled on the frontiers, and in open violation to the law, have prefumed to furvey and mark lauds beyond the temporary line between j

3 6 4 DIGEST OF THE

A. D. 1787. the white inhabitants and the Indians : And whereas at the late treaty with the Creek No. 381. Indians it was among other things agreed, that commiflioners mould be mutually ap- The temporary boundary line pointed clearly to mark in every part the temporary line defignating the Indian hunting between the ground, Be it enabled by the reprefentatives of the freemen of the State of Georgia in general white.- inhabitants and the afembly met, and by the authority of the fame', That James White, Jofeph Haberfham, Creek Indians. Arthur Fort, James Armftrong, and Jared Irwin, efquires, be, and they are hereby Commiflioners appointed in behalf of this State, in conjunction with the commiflioners on the part named and ap- of the Creek nation, without delay to trace and mark, in a plain and confpicuous man- pointed to trace and mark the ner, the temporary boundary line as heretofore eftabliflied, that is to fay, from the fame in con- Canokee mountain in the direction of the prefent temporary line, river junction with from Tugalo the Creek coiyi- till the fame fhall ftrike the head or fource of the main direct ftream of the fouth miffioners. branch of Oconee river, called alfo Apalaches, by which is to be underftood the main The faid line fork of Oconee river next above Little river, to which faid fouth branch aforefaid the defig'nated as heretofore efta- general affembly, in laying out the counties of Wafhington and Franklin in one thou- blifhed. fand feven hundred and eighty-four fir ft gave the name of South branch of Oconee, thus known and eftabliflied by law, and regarded as fuch by the good and faithful The faid commiflioners in ex- citizens of this State down the faid South branch of Oconee to the mouth of the Oak- ecution of this mulgee where the fame empties into the Oconee, and from the mouth of the Oak- law are not to regard any lines, mulgee as aforefaid, in a direct line to the head or fource of the St. Mary's river furveys, or The faid commiflioners in the execution of this law are not to regard any lines, furveys, grants, and to make a return or grants of defigning and difhoneft fpeculators, made by tortured and perverfe con- to the executive ftruction of the land laws of this State, but are to govern themfelves by the plain and of all lands furveyed beyond direct exprcflion of this act, and fhall return to the executive a lift of the names^ of the line which line herein may come to all perfons who fhall have furveyed or marked lands beyond the defcribed., their know- fo far as the fame fhall come to their knowledge. ledge. be it enabled by the authority Perfons furvey- II. And further aforefaid, That any perfon or perfons ing, or attempt- who fhall hereafter be guilty of marking, furveying, or attempting to furvey, or ing to obtain grants for lands obtain grants for any lands beyond the temporary line defignating the Indian hunting beyond the tem- ground, in addition to the pains and penalties provided in the land law of one thou- porary line, befides the penal- fand feven hundred and eighty-three to which they are fubject, fhall be liable to a fine the ties in land and corporal punifhment at the difcretion of the court, before which they are con- law of 17R3 fliall be fubjedttofine victed. Provided, the fame fhall not. exceed five hundred, nor be lefs than one and corporal hundred lafhes for the firft offence, and for the fecond offence fhall be held and ad- punifhmenc at difcretion. judged guilty of felony : The commiflioners herein appointed fhall, before they enter Pi-ovifb. Not to exceed 500 upon the bufinefs of their appointments take an oath, to be adminiftered by his honor lathes, or be lei's than 100 for the the governor, truly and faithfully to difcharge the duties required of them in this act. tirlt offence, for the fecund adjudg- III. And whereas notwithstanding the moft pofitive laws to the contrary many ed guilty offelony. All (urveys fo perfons, from defign or accident, have run large quantities of land, and obtained made, or grants obtained, declared grants for the fame, fouthward of the prefent temporary line between the good citizens null and void, and perfbns any way of this State and the Indians, and expect to hold the fame when a ceflion of faid land concerned therein, liable to all the can be obtained, Be it therefore enaBed by the authority aforefaid, That the furveys or pains and forfeit- itres mentioned in grants for fuch land be confidered, and they are hereby declared to be null and void land acts of i 783 and [784. and of no effect watever ; and the perfon who from defign aforefaid have been guilty of . \ j

LAWS OF GEORGIA. 365

A. D. of running the faid lands, or anywife concerned therein, are hereby declared to have 1787. 3 l ' incurred all the pains, penalties, and forfeitures mentioned in the land acts of one °' . The nemss of the _- r r 1 feven fin-veyors and thoufand feven hundred and eighty-three,j and one thoufand hundred and eighty- luuu.ui" j chain carriers (nail . , . - that or fhall hereafter be made within the temporary be annexed wail four ; and in all furveys may hereafie n>a|e line of this State, the name or names of the furveyor and chain carrier fhall be an- r nexed to each plat. enabled. That the law, dated the thirteenth day of February, The aa of 1786 for TV And be it further * ' ' -"*./ ' , ' the appointment ot one thoufand feven hundred and eighty-fix, fo far as refpe&s the appointment of ^"j^^tim agents in the Indian nation, be, and the fame is hereby repealed. repealed. WILLIAM GIBBONS, Speaker. Augujla, February 10, 1787.

An Ordinance for the appointment of deputies from this State for the No. 382. purpofe of rcuifing the Federal Conftitution.*

it ordained by the reprefeniatives of the freemen of the State of Georgia in general Commiffioners BEafembly met, and by the authority the fame, That William Few, Abraham n ed ap of ^ d fj T Baldwin, William Pierce, George Walton, William Houftoun, and Nathaniel Pen- ties from this State dleton, efquires, be, and they are hereby appointed commiflioners, who, or any ^f f f two or more of them, are hereby authorized as deputies from this State to meet ing the Federal Conftitution. fuch deputies as may be appointed and authorized by other States, to affemble in convention at Philadelphia, and to join with them in devifing and difcuffing all fuch alterations and further provifions as may be neceffary to render the federal conftitution adequate to the exigencies of the Union, and in reporting fuch an act for that purpofe to the United States in Congrefs affembled, as when agreed to by them, and duly confirmed by the feveral States, will effectually provide for the fame. In cafe of the death of any of the faid deputies, or of their declining their appointments, the executive are hereby authorized to fupply fuch vacancies. WILLIAM GIBBONS, Speaker,

Atigufa, February 10, 1 787.

* See the conftitntion in the appendix.

An AB for raifing fapplies No. 38

October 31, 1 787. Obfolete. ______

An Ac~l for fuppreffing the 'violences of the Indians. No. 384.

the Creek Indians I. 3 E it enabled by the reprefeniatives of the freemen of the State of Georgia in general J_) afembly met, and by the authority of the fame, That from and immediately after «it the proteiaion

ful to p 1 " w a a* pafiine of this act the Creek Indians fhall be confidered as without the protection of . «L r " O A or canrure the laid this I'"^3 " 5*

f See alterations made by act of 1788, No. 3.90, and adt of 1789, No. 432, for difcharging the troops Tailed under thefe adts, and allowing additional compenfation. :

\66 DIGEST OF THE

A. D. 1787. this State, and it fhall be lawful for the government and people of the fame to put No. 384. to death or capture the faid Indians wherever they may be found within the limits of this State, except fuch tribes of the faid Indians which have not, or fhall not hereafter commit hoftilities againft the people of this State, of which the commanding officer (hall judge.

II. be it further enacled, That fifteen hundred men be enlifted as foon as 1500 men to be And may enlifted —how be, to ferve until peace is eftablifhed with the Indians, to be formed into two regi- officered. ments, confifting of feven hundred and fifty men each, each regiment to be divided into ten companies, and that a colonel, lieutenant colonel and major be appointed to a regiment, and a captain, two lieutenants, four fergeants, and one drummer and one

fifer to a company, and to act for the defence of the State, and fhall be fubject to

the orders of the governor for the time being, and all other their fuperior officers Provifo. Provided, That at the time of enliftment each man fhall take and fubferibe the fol- Each man to lowing oath : " I, B. acknowledge and folemnly fwear that I have voluntarily fubfcrihe an A oath. enlifted in the company of the State troops of Georgia to ferve until peace The form there- Indians, that I will be faithful to the State of. fhall be eftablifhed with the and and obe- dient to my officers."

To what rules III. And be it enacled, That the State troops raifed under this act fhall be fubjeet and regulations to all the rules and regulations herein after contained, except the 25th article, and fubject. that the following be fubftituted in lieu thereof, viz. That no perfon fhall be fen- tenced to fufFer death except for defertion, mutiny, or giving intelligence to the enemy, nor fhall receive more than one hundred lafhes for one crime, nor imprifonment for more than forty days, and Hi all be fubject to cafhiering and degrading. IV. And whereas from the remote diftance of the refidence of Congrefs from this

State, it may fo happen that other and more numerous forces may be necefiary to be raifed before the aid of the Union may arrive for fuppreffing the violences of the

The governor Indians. Be it therefore enacled by the authority aforefaid, That it fhall and may be empowered to lawful for his honor the governor in council to raife two regiments of volunteers to rail'e two regiments of vo- confift of feven hundred and fifty men each, and to have officers conformable to the lunteers of 750 pointed as aforefaid, which officers and fhall at all times, in men each to be rules men when actual officered in like fervice, be entitled to the rations herein after eftablifhed, and the officers and men manner, and i'ubjedt to the intended to be embodied as aforefaid fhall be under the following rules and regulations. fame rules. [Thefe are omitted, the articles of war being inferted in the appendix.]

The faid offi- V. And the faid officers and men fhall at all times embody, parade,, and march in and men, cers ten days notice, as fhall be directed and required by his honor the governor or the when to embody, parade, &c. commanding officer : Provided that no perfon be received into either of the faid Provifo. regiments, unlefs well armed and accoutred, and otherwife fit for actual fervice.

VI. And be it alfo enabled. That the infpector general fhall be empowered and The infpeclor

general requir- required to view all fuch troops in like manner as the State troops ; and the officers ed to infpecT: faid fhall in like fuch troops in of the regiments manner make returns to the infpector general, at like manner as the end of every month, when in actual fervice : And all officers and men embodied theStatetroops. aforefaid, and ferving at all times required,, Their returns 3s when during the prefent war, and how to be made obtaining a certificate to that end at the eftablifhment of a peace, fhall be entitled Entitled to the feine bounties of to the bounties of land in like manner as is herein after pointed out, and allowed laid. to LAWS OF GEORGIA. 367

A D r 8 - - 7- to the State troops : And the infpector general, and one or more general ofhcers ? fhall be a board with authority to examine and give certificates to the officers and pmlficaVto the men that may embody as aforefaid, at the expiration of the period aforefaid : Provided begWeiVbyThH™ ahuays, That nothing herein contained fhall extend, or be conftrued to extend to a'uu'geiferai^ffi-

' preclude the men intended to be embodied by this act from doing militia duty at p' rovifo. fuch time or times as they may not be ordered out by the commanding officer to parade in battalion.

VII. And whereas it may io happen that certain perfons have run and furveyed All lands with- cut the refP"* the limits of the refpective counties of this State as eftablifhed law, . lands without 1 by ; tivecountiesde- . and for which grants may have been furreptiticufly claimed : Be it enabled^ That all dared vacant. ie lands without the limits aforefaid are hereby declared to be vacant, any warrant, f a ^"aT'of furvey or grant, to the contrary notwithftanding; and that a tract of land lying and land. comprehended within a line to be drawn from the moft fouthern ftream of the fouth fork of Oconee, commonly called the Appalachee in the neareft direction to the head or fource of the main ftream of Flint river, down the faid river including all the ifiands of the fame to the confluence of the Chatahouchee and Flint river, thence eaftwardly to the head or fource of St. Mary's, to the confluence of the rivers Oconee ^cciTaUonofUor' and Oakmulgee, and thence up the river Oconee to the head or fource of the moft ted'for^hebou"- northern ftream of the Appalachee, or fouth fork where this line begins, fhall be "roVs; referved and at the ceflation of the hoftilities with the Indians appropriated to, iiLTfhai'ibeax- and for the allowances and bounties of and for the faid officers and troops; and no Wlic meantime, warrants, furvey or grants fhall be obtained for any part of the lands within the ^troojls haV

raid bounties VIII. And be it alfo enac7edt That the faid bounties fhall not interfere with a cer- The tain quantity of land in the vicinity of thofe Indian towns which are and fhall con- with the t».*n*o? friendly Indians; . 1 1 • 11 • • n tinue to be friendly, which quantity fhall be determined by a future legitlature. the hounds of * , " " which to be deter- . , ™' " IX. And be it further enacted by the authority afore/aid. That all the allowances and med °y llie le •' * giditure. ; . . officers, bounties to the and bounties to the faid troops fhall be made and alloted in B()ant i es in what the following proportions : To a colonel, one thoufand two hundred acres ; to a aTiottedT" iieutenant-colonel, one thoufand one hundred acres ; to a major, one thoufand acres; to a captain, nine hundred acres ; to a firft lieutenant, eight hundred acres ; to a fecond lieutenant, feven hundred and fifty acres ; non-commiffioned officers, feven hundred acres ; and to privates well armed and accoutred, fix hundred and forty acres ; and any general officer or officers called into fervice • for being fhall have < further allotments made to him or them in the following proportions ; to a major-general, one thoufand five hundred acres ; and to a brigadier-general, one thoufand four hundred acres ; and that the ftaff officers taken from the line, fay, brigade-majors, adjutants and quarter-maftersbe allowed in addition two hundred and

fifty acres each, for extra fervices ; the aids du camp to the commander in chief be d allowed the rank and emoluments of a lieutenant-colonel ; aids du camp to major and ^" t Q beappofntS d brigadier generals be allowed the rank and emoluments of a major; that an adjutant- Mm^uota co" general lonel - 3 68 DIGEST OF THE

A. D. 1787. general be appointed by the executive with the rank and emoluments of a colonel ; No. 384. and fuch allowances and bounties {hall be made in good faith to the different officers Ami Ibxli allowances 2nd bounties and foldiers as foon as may be after the cefTation of hoflilities and reftbration of to be made in good peace. faith to the differ- X. be it ena&ed by the authority aforefaid, That it fhall and may be lawful ent officers and i'jl- And for •Jiers. The governor with his honor the governor with the advice of the executive council for the time being the advice of the executive council, to enter into fuch engagements with the people in Franklin as may be confidered ne- empowered to enter into certain en- ceffary for fuppreffing the faid hoflilities of the Indians and to engage on the part of gagements with the people in the State, that for all the officers and privates that fhall be actually engaged in the Franklin for fup- preiling the holti- accomplifhing the above purpofes, the faid bounties fhall be made and given as are lities of the In- dians. herein before directed by this act, to the officers and troops to be raifed for this State \ Xlieir bounties to t)e paid out of the alfo an additional bounty of fifty acres, on every one hundred acres in lieu of rations, traft of country called the Bent of and all other claims againfl the State out of and upon the tracl: of country commonly Tennellee. Provifo. called the Bent of Tenneffee within this State : Provided that the number do not ex- The number not to exceed 1500. ceed fifteen hundred in addition to thofe already empowered to be raifed upon this

Provifo. a£l : And provided alfo) that the right of pre-emption on all furveys heretofore made

by the authority of this State fhall be firfl fet apart.

One infpe&or XI. And be it further enaffedi Th.zt an infpector-general, with the rank and emolu- general with ments of a colonel fhall be appointed, whofe duty it fhall be to caufe monthly reviews the rank and e- nioluments of of the different regiments and corps in actual fervice, to commence the firft day of every colonel—his du- and alfo to examine into the arms, ammunition, camp equipage, and all other ty. month ; public ftores, noting the Hate thereof, and fee that they are fatisfa£lorily accounted

A commifTary for agreeably to the monthly returns made to him : And a commifTary of iffues with of iffues, with the rank and emoluments of colonel fhall alfo be appointed whofe duty it fhall be to the like rank and emolu- keep a clear and correct regifler of all fupplies and provifions delivered into his cullody ments to be alfo appointed—his with proper columns diftinguifhing in each the times, quantity and fpecies by him re- duty. ceived ; he fhall keep a fair, clear and correct account of all iffues in his department, with columns diftinguifhing the name of the officer commanding each company, with the number of men each day in a£lual duty, alfo the name of the colonel of the regiment to which fuch company do belong, together with the iffues that may be made

Rations to be to the officers on acSlual duty as herein after is pointed out, that is to fay : To a major- jfiued by him in rations, what propor- general, or commanding officer ten to a brigadier-general five rations, a tion. colonel three and one half rations, a lieutenant-colonel three rations, a major two and one half rations, a captain two rations, fubaltern officers one and one half rations, non-commiffioned officers and privates one ration, general flaffofficers three rations,

deputies in the faid departments one and one half rations ; which faid rations fhall be corapofed How eompofed of the following articles, that is to fay : Three quarters of a pound of faJt beef or pork, or one and one half pound of frefh beef, or one pound of frefh pork,

one pound and one quarter of rice, flour, or meal, one gill of fpirits, and one gill

of fait to every five rations ; and no perfon whatfoever fhall be allowed pay for retained No pay to be rations, nor drawn back rations for more than three days ; he fhall hire boats, wag- allowed for retained rations. gons and teams at fuch rates as fhall be approved by the executive, and his honor the governor in council fhall have power and authority to draw warrants on the treasury for fuch fum or furas as may be, or fhaU be required for deputies, laborers, coopers* LAWS OF GEORGIA. 36*9 coopers, or tranfportation in favor of the faid commiffary of iffues and during the A. D. 1787. recefs of the legiflature, the executive fhall at all times have full power and autho- No. 384. rity to direct and approve of the numbers of boats, teams, and number of perfons that fhall be requifite in the faid department $ he fhall keep an exact regifter of all teams, and perfons employed in his department, diftinguifhing by proper columns the place or places they are directed, to proceed to noting the time and condition of payment, that in every pay-roll the name and employment of every perfon be inferted at full length ; and for each team the pay-roll fhall be figned by the waggon matter, and in like manner to be figned by all other perfon or perfons that may be employed as aforefaid, and thereafter fhall be referred to the infpector general to examine and regifter the fame, and after being certified by him fhall be a voucher to authorize the governor in council to draw on the treafurer for payment of the fame ; he fhall alfa procure from the captains or officers commanding each company daily returns of the iffues for each company, and fhall alfo on the firft day of every month exhibit a clear and perfect ftatement of the iffues that may be made within the fame, with columns diftinguifhing the number and rank of officers, and number of privates, and alfo columns for the different articles that compofe a ration, and on the laft day of every month fhall prefent the faid ftatement to the commanding officer, to be compared with his returns, and after being by him certified, the fame fhall be delivered to the infpector general, who fhall examine the fame ; he fhall keep a fair and correct regifter of every other official tranfactions, to the -end that fuch fupplies may be fully known and accounted for.

XII. And be it alfo enafted, That a director general in the medical department, A diredor ge- with the pay and emoluments of a colonel fhall be appointed, who fhall have power pointed, with to nominate and recommend the furgical affiftance neeeffary in his department, and the pay and e- who (hall report the number to the executive for their approbation of that body ; he colonel—his powersandduty fhall keep a fair and correct regifter, to be made up the laft day in each month, in which he fhall enter the name of each perfon to whom medical or furgical aififtance may be administered, together with the company and regiment to which he belongs, His affiftants to lia e the pay and each affiftant as fhall be approved as aforefaid fhall have the pay and emoluments , rr an j emolu- . " of lieutenant-colonel, and each fhall make monthly returns of all official tranfactions ments of lieute-

nant colond - in his department to the infpector general.

XIII. And be it enabled., That the command of a brigadier-general fhall confift of The command not lefs than one thoufand men, a colonel three hundred and fifty, a lieutenant-colonel offo^o^vhlt of two hundred and fifty, a major one hundred and fifty, a captain feventy-five, and number of men J J * •

~ . r , , to conM. a iubaltern twenty-nve.

XIV. And be it enaFtid'by the authority aforefaid, That the commanding officer fhall Friendly traders t0 e Prote at all times give full protection to all traders within the towns or tribes of the Creek Indians, who fhall produce Satisfactory proof of his friendfhip to this State, and all fuch perfon or perfons as fhall have traded within the fame, fince the conclufion of the late war, except fuch perfon or perfons as fhall be found in arms againft the fame. A a a XV. 37° DIGEST OF THE

A. D. 1787. XV. And be it further enatled, That his honor the governor with the advice of the No. 384. executive council fhall make fuch arrangement of the forces to be raifed, as may jnake fuel, ar- admit of corps of artillery and cavalry, where fuch officers and men fhall find horfes lie -1 rangeinentSM* < -in 1 1 r r 1 / iwces to Ik- raifed without charge to the State, artillery and horfes for the fame excepted. as to admit or ° . r . ,-,-„ corps of cavalry. XVI. And be it further enaBed by the authority aforefaid, That no State foldier be entitled to' -Mi allowed a bounty as aforefaid, who does not rendezvous at fuch place as the executive re"' 'rendezvous at may appoint, completely armed and accoutred, on or before the firft day of February ed by the esecu- next : And provided always, That no perfon deemed a deferter fhall be entitled to any armed, etc. bounty named in this act. And that this act fhall be and continue in force for the

faid is eftablifhed Beferters not emi- government of the troops, until a peace with the Indians and rati- the legislature of this State, fo far as refpe&s bounties fhall be slenriuncu indi» ^ by and the fame continuation. Handing and perpetual. &£?%£?£ WILLIAM GIBBONS, Speaker. b e l " 1B October Mdpei p eiuai . Augu/la, 31, 1787. KSSHT33

No. 385. An Act to regulate the militia of /this State, and for other purpofes therein mentioned. October 31, 1787.

Repealed by ad of 1 792, No. 468.

—— i l ium A.D. 1788. No. 386. An Acl to empower the delegates of this State in Congrefs ajfembted, to Jign, feal and deliver a deed of cejfion to the United States, of certain ivejlern territory belonging to this State*

Application of "^"^ 7"HEREAS the United States in congrefs afTembled, did on the twentieth uSuefiknof W day of Odober, one thoufand feven hundred and eighty-feven, reprefent territory. to the States of North Carolina and Georgia, the advantages that would refult to the

union from a liberal ceffion of territory. And whereas this State is defirous of adopting every meafure which can tend to promote the intereft of the United States,

The delegates Be it therefore enatled by the reprefentatives of the freemen of the State of Georgia in gene- this state em- of / afreml,u met by the authority the it ra J and J of fame, That fhall be lawful for the delegates powered to fell -". r i , i i , r , and convey to of this State, or any two or more ol them, and they are hereby fully authorized and

em owerecl, f°r and on behalf of this State, by proper deeds or inftruments in SuteFthe^itle P writ- of this state as ing under their hands and feals, to convey, transfer, aflign and make over unto the United States, for the ufe and benefit of the faid United States, Tsfurifdiftionof Georgia inclufive, all certain territory right, title and claim, as well of foil as jurifdiction, which this State hath to that territory or tract of country within the limits of the State of Georgia, fituate, lying and comprehended within the boundaries herein after defcribed, The boundaries that is to fay, be- thereof, ginning at the middle of the river Chatahouchee or Appalachecola, where it is inter-

fected by the thirty-firft degree north latitude ; and from thence due north one hundred

* See refolution of % congrefs rejs&ing the propofed ceffion, appendix page , and declaratory part of a<5l of 1795, No. 52Q. LAWS OF GEORGIA. 371 dred and forty Britilh ftatute miles, thence due weft to the middle of the river Mif- A, D, 1788. fifiippi, thence down the middle of the faid river to where it interfec~ts the thirty-firft No - 386. Pr°vi&' degree of north latitude, and thence along faid degree to the beginning : Provided, that the United States in congrefs aflembled, {hall guarantee to the citizens of the faid territory, a republican form of government, fubject only to fuch change as may Provifo. take place in the federal conftitution of the United States : And provided alfo, That the navigation of all the waters included in the faid ceflion fhall be equally free to all the citizens of the United States, nor (hall any tonnage on veffels or any duties whatever be laid on any goods, wares or merchandize that may pafs up or down either of the faid waters, unlefs for the ufe and benefit of the United States : Pro- Provifo.

TerHls of » ale ' vided alfo, That the fum of one hundred and feventy-one thoufand four hundred and twenty-eight dollars, and forty-five ninetieths of a dollars, which has been expended in quieting the minds of the Indians, and refilling their hoftilities, (hall be allowed as a charge againft the United States, and be admitted in payment of the fpecie requifitions of this State's quota, that have been or may be required by the United

States. And alfo. That in all cafes when this State may require defence, the expences arifing thereon fhall be allowed as a charge againft the United States, agreeable to

Pr0V1 ' ' the articles of the confederation. And provided, That congrefs (hall guarantee and fecure all the remaining territorial rights of this State, as pointed out and exprefled by the definitive treaty of peace between the United States and Great Britain ; the convention between this State and the State of South Carolina, entered into the

twenty-eighth day of April, one thoufand feven hundred and eighty-feven ; and the claufe of an act of this State, defcribing the boundaries thereof, palled the feventeenth day of February, one thoufand feven hundred and eighty-three. t( II. And be it further enatled by the authority aforefaid, That the act, entitled An The a<5l laying laying out diftrict the act for a of land fituate on the river Mifiiffippi, and within ^ Bourbon re- limits of this State into a county to be called Bourbon," palled the feventh of Febru- pealed.

ary, one thoufand feven hundred and eighty-five, be and the fame is hereby repealed. NATHAN BROWNSON, Speaker. Augujla, February l, 1788.

An Acl to extend the limitations of aclions, and for other purpofes No. 387.. therein mentioned.*

WHEREAS it will be found highly inconvenient from the embarraffing cir- Preamble, cumftances under which this country has been lately placed, that the acts for the limitation of actions mould operate fo as to bar any perfon or perfons of their

juft rights and claims : Enafled. I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in general

ajfembly met, and by the authority of the fame, That nothing in the faid act of limita- anions extend- tions contained {hall in any wife be conftrued to prevent any perfon or perfons from ed* inftituting their actions and recovering their juft rights and claims who was or were entitled

* Reviled and coHtinued by adt of 1790, No. 438, fed. 14. 372 DIGEST OF THE

A. D. 1788. entitled to the fame, at or upon the twelfth day of July, in the year of one thoufand 7 feven hundred and eighty-two, but that all that period of time between the twelfth Thr°riodo ftime twee tU 2 c' a °^ u * n tne ear one thoufand feven hundred and eighty-two, and the firft j»] i 82 aiid ift y J ty> y ^ a iTiaUn<'Jili\he Y of January, one thoufand feven hundred and eighty-feven,f fhall be taken out of u t n tn^ computation of time fo as not to affect the rights of actions of thofe who may Jfmet » a° not% afdons'nf thic-Cf have been entitled to the fame on the twelfth day of July, in the year firft aforefaid..

< < hef'1111 uth juiy/ II- And whereas the time limited in an ad, entitled " An act to render eafy the mode of conveying lands and for making valid all deeds and conveyances heretofore that may be deficient in point of form," and for other purpofes therein mentioned,

has not allowed fufficient time for fome of the purpofes for which it was intended,

The time limit- Be it therefore enaEled by the authority aforefaidy That no deed of feofFment, bargain,

^" anc^ e ^ ea e an<^ releafe, or other conveyance of lands and tenements bona fne deeds^aiid ^ > fid?y< other convey- executed as directed by the faid recited act, fhall in any wife be affected by reafon heretoforemade °^ W$ fame n°t being regiftered or recorded inthe refpective offices where the lands extended two fie agreeably to the faid aft; but that every perfon or per fons fhall, and he or they paillno- of this hereby have full liberty and power to regifler or record his or their deed or deeds a<^* of conveyance of lands and tenements aforefaid, at any time within the term of two

years from the date hereof; and the faid deeds fo regiftered or recorded as laft aforefaid, are hereby declared to be good and valid in law and equity, according to the true intent and meaning thereof, any thing in the before mentioned act not- withflanding, NATHAN BROWNSON, -Speaker, Augufia, February I, 1788.

f The fpace of time further extended. See ad of 1790, No. 438, feel. 14.

No. 388. Jin ASi to ejlablijh an academy in the county of Chatham , and far vefing certain property in Selina, Countef Dowager of Hun- tingdon*

THEREAS the education of youth has. been found in all ages to be of the Preamble. "W y ^ mod effential cOnfequence, and been known to be highly beneficial to of the firft objects of public attention. Be it therefore Ena&ed mankind, and ought to be one An academy to enaEled by the reprefentatives of the freemen of the State of Georgia in general afembly met,, cl^.foich^- and by the authority of the fame, That an academy or feminary of learning he erected ham under the % the faid county, at fuch place as a majority of the truftees herein after appointed,. n ° fhall to truftees. fhall think fit, and that the faid truftees Or a majority of them proceed tranfact. the bufinefs of the faid academy.

IT. And whereas the eftatef called Zuberbuhler's, lately the property of the Reve- rend Bartholomew Zuberbuhler deceafedj was devifed by the faid. Bartholomew for •'benevolent purpofes, and the fame not having been carried into full execution, and appearing

* See ad of 1793, No. 453, explaining this ad. \ So much of tbis ad as relates to Zuberbuhkr's eftate repealed by ad of 1789, No. 405. .

LAWS OF GEORGIA. 313

appearing to be impracticable : Be it therefore enafted by the authority aforefaid, That A. D. 1788. No. the faid eftate known and diflinguifhed by the name of Zuberbuhler's eftate, in the 388.

faid county of Chatham, be immediately from and after the pafTmg of this aft taken Zuberbuhler's eftate vefted in- the fherifF of the faid county of Chatham, and put into the poffeffion of the truf- by the truftees for tees hereby appointed for the faid academy, and it fhall be lawful for the faid truf- the ufe of tlis fame. tees or a majority of them, to apply the nett annual proceeds of the faid eftate towards erecting the faid academy and carrying the intention of this act into full effect;-

and if there is any other property belonging to the faid eftate except the plantation fettled near Newington village, adjoining lands of David Rees, the fame fhall be fold

for fpecie, twenty days notice being firft given of the fale thereof, and the. monies

"arifmg therefrom fhall be applied towards erecting and fupporting the faid academy : Provifo. Not to bar the-, Provided neverthelefs, That nothing herein contained fhall bar the claim of any perfon legal claim of- who is legally the heir of the faid Zuberbuhler. the heir.

III. And whereas there is in this State a very confiderable property, as well real as perfonal known and diftinguifhed by the name of Bethefda College, or orphan houfe eftate, originally intended for an academy, and devifed in truft by the late Reverend George Whitefield, for literary and benevolent purpofes, to Selina, Countefs The orphan houfe eftate veft- it enaEted by the authority afore/aid, the faid eftate be veiled of Huntingdon. Be That ed in Selina, in the faid Selina,:]: Countefs of Huntingdon, any law to the contrary notwich- countefs of H u-ntingdon. ftanding.

IV. And whereas the faid eftate of Bartholomew Zuberbuhler has for many years - pad been in the hands of agents or executors, to whom as well as to other creditors, the faid eftate may be indebted, or from whom fums of money may be due to the faid

eftate,. Be. it enabled, That as foon as the faid eftate is vefted in the aforefaid truftees, The truftees authorized to fet- they are hereby authorized and required to call upon fuch executors, agents, or credi- tle the accounts tors for a full and juft ftatement of their accounts, and upon a liquidation of them of the faid Zu- berbuJiler's ef» immediately to difcharge the debts that may be due,, or make fuch fettlements as tate. (hall be mutually agreeable to the faid truftees, and fuch executors, agents or credi-

tors \ and if the executors, agents, or other perfons fhould be indebted to the faid 'eftate, the faid truftees are empowered and directed to profecute to effect any action

*©r actions either for debt or on account, as the cafe may require, according to the •forms of law againft fuch debtor or debtors. V. And whereas, the late Bartholomew Zuberbuhler, did by his laft will and tefta-

'ment appoint certain perfons as executors to carry the fame into effect, Be it enacled, His executors relieved from That the truftees aforefaid be authorized upon a final fettlement with the faid exe- their truft. cutors to difcharge them from all the inconveniences- of the faid truft, if they have "acted conformably to the faid will. VI. And whereas, There may be in the faid county of Chatham lands unlocated All vacant lands- in the faidcoun- and not granted, Be it further enabled. That all fuch vacant lands not contained with- ty referved for the -the in any tract for which a grant has been obtained, be referved for the ufe of the faid ufe of academy. academy or feminary of learning, Provided, That the quantity of vacant land thus Provifo. exceeding teferved fhall not exceed five thoufand acres. Not 5000 acres, VII,

\ Since her death. vefted in truftees for a college by ael of 1751, No. 4J3. 374 DIGEST OF THE

A, D. 1788. VII. And be it further enabled, That one thoufand pounds fpecie of confiscated No. 388. property lying in the county of Chatham, be put into the hands of the faid truftees loooi. worth of fated proper- conii by the fheriff of the faid county, or fuch other officer as may be in the lawful poffef- ty CO be alio put hands of" into the fion of fuch property, or legally entitled to fuch poffeffion. the truilees. VIII. And be it enabled by the authority afore/aid, That the following perfons be, The truilees and named and ap- they are hereby appointed truftees for the faid academy, viz. John Houftoun, John pointed. Haberfham, William Gibbons, fenior, William Stephens, Richard Wylly, James Houftoun, Samuel Elbert, Seth John Cuthbert, and Jofeph Clay, junior, efquires.

IX. And be it further ejiatled by the authority aforefaidy That if either of the truf- Vacancies how to be filled. tees before nominated fhould refufe to accept fuch appointment, or if after his acceptance he fhould refign or die, his place fhall be fupplied in the following manner, viz. The remaining truftees, or a majority of them, fhall nominate three perfons, one of whom fhall be appointed by the executive to fupply the vacancy.

All act"; making X. And be it further enabled by the authority aforefaidy That all a£ts appropriating appropriations for the laid academy, any fums or allotments for faid academy be, and the fame are hereby repealed. repealed. NATHAN BROWNSON, Speaker.

Augiifia.y February 1, 1 788.

No. -ooo. An AEl to vefl certain property in Anne Stuart.

February 1, 1 788.

Private.

No. 389. An Acl for the better regulating of taverns ; andfor ejlablifhing a fundfor building and keeping in repair the court houfes and gaols in the counties of this State*

I. II. X^ ELATING to taverns—repealed by act of 1791, No. 459. Commiflioners _|_\, III. And be it further enabled. That the judges of the fuperior court in of court houfes each county fhall as often as they think proper appoint three or and gaols to be more difcreet perfons appointed bythe to be *commifTioners of the gaol and court houfe, which faid commiflioners or one of fuperior court. them fhall receive the monies arifing from licenfes in their refpe£Uve counties, fines Tht monies a- fines the rifing from li- of defaulting jurors, impofed by court, and the forfeiture of recognizances, fines, &c. cenles, to be a fund fet apart in each county under the direction of the judges for building- to be applied in buildingand re- and repairing the gaol, court houfe, pillory and flocks, and for the fupport of pri- pairing the fame foners ; and the faid commiffioners fhall exhibit their accounts on the firft day of each The faid com- term to the judges, ftating in a clear and precife manner all the money by miflioners to ac- them count every received, from whom and for what, as alfo all the monies paid by them to whom term with the and for what purpofe, which faid account if approved of fhall be lodged in court. the clerk's office for the free lnfpe£tion of the inhabitants. IV.

* Court houfes and gaols under the direction of the now inferior courts except in Chatham. See acl of 1 7.96, No. SS5- Query as to Richmond—fee a& of 1795, No. 52.9. LAWS OF GEORGIA. 375

IV. And be it further enaEled, That the faid commiffioners fhall give bond with fe- A. D. 1788. 3 ' curity to his honor the governor for the time being in the fum of two hundred pounds 9 ; . Tn g've bond and c i , i r» i • i for the faithful performance of the duties required of them by this act, which bond ffa.writyw.Ae go. vcrnor. fhall be taken in the prefence of the court and lodged in the clerk's office. NATHAN BROWNSON, Speaker. Augufta, February 1, 1788.

An Ac~l to amend and repeal certain parts or claufes of an acl, entitled, No 390. 44 An aft for fuppreffing the violences of the Indians " pcffed the

thirty-firjl day of Oclober y one thoufandfeven hundred and eighty- feven. WHEREAS the aforefaid recited act ordered and directed that the number of Preamble. fifteen hundred men be enlifted on the terms and conditions therein mentioned, which faid terms have been found inadequate, and are not fufficient for the purpofes intended, Be it therefore enabled by the reprefentatives of the freemen of the State Enacted. of Georgia in general affembly met, and it is hereby anaEled by the authority of the fame, encouragement That for the further encouragement of the raifing and enlifting the troops of this- of raifing the

State, an additional allowance be made for the firft feven hundred and fifty men, certain clothing (including the regular troops of chis State now raifed) who fhall enlift, befides the aliowe(i them. bounties given in the aforefaid a£t, that is to fayj each fold ier fhall receive one compleat fuit of clothes, confiding of one hat, one cloth coat, one waiftcoat, two pair of overhalls, one pair of fhoes, one blanket, two fhirts, and one black (lock.

II. And be it further enacled^ That the time for enlifting the State foldiers be pro- The time for n! °" the firft day of February next, to the thirtieth day of March next, g F longed from any f |f"? thing in the afore recited act notwithftanding.

III. And whereas it will tend to fill up the regiments intended to be raifed, and' eafe the citizens of this State, to fuffer perfons liable to military fervice under the-

militia law, to enlift fubftitutes ; Be it further enaSied, That any fuch three perfons Perfons furnifh- liable as aforefaid, who will furnifh an able bodied recruit, to ferve during the war, p" ""^ g"fm duty. well armed and accoutred as aforefaid, fuch as fhall be approved of by the infpector militia. . general, fhall be exempt from all militia duty during the prefent war with the Indians,

any thing in the militia act to the contrary hereof in any wife notwithftanding : And Such recruits al-

)o w cd bou " t the faid recruits fhall be allowed a bounty of land in like manner as the State troops, y r r , f . 01 land in like . / . and become a part thereof after being delivered up to fome officer belonging to the manne? as the. faid regiments, and that thofe foldiers- received as fubftitutes- in the volunteer regi- fohecomea^t ments, be annexed to the State troops. thereof.

IV. And be it alfo enaSled by the authority aforefaid, That the commanding officers Captains and fhall right to nominate their officers and that any bringing of regiments have a ; man t o be appointed.-' » nd commit- in his refpective quota, that is to fay, for a captain, thirty-five men ; for a firft lieute^

nant, twenty-five men-, a fecond lieuteuant, fifteen men •, on completion and review of the fame, commiffions fhall be figned by. his honor the governor, giving a prefer-

ence.. 37 6 DIGEST OF THE

A. D. 1788. ence to the man parading his quota firft : And where it (hall fo liappen that two or No. 390. more companies ihall be reviewed at the fame time, then the rank of fuch officers, {hall be determined by lot by the executive, confining fuch rank to their refpective lines.

The governor V. And be it further enafted by the authority nforefaid, That his honor the governor empowered to m counc ii De empowered to draw on the treafury for a fum not exceeding: three thou- ' out of the * draw. . _ . <- 1 » . - treafury not ex- fand pounds, for the purpole of clothing the troops to be raifed by virtue of this act, ceeding £3000 NATHAN BROWNSON, Speaker. for the purpole * * of clothing the Augufa^ February 1, 1788. troops.

No. 391. An Acl to amend an acl, entitled, "An acl for the punifhment of vagabonds, and other idle and diforderly perfons" pajfed the twenty-

ninth day of February, 1 764.

Preamble. 7" j # "IT IT HEREAS divers idle and diforderly perfons, having no vifible eftate, or yW lawful employment, and who are able bodied men capable of laboring for their fupport, yet frequently ftrole from divers parts of the world to this State, and from one county to another within the fame, neglecting to labor or to follow anv

honeft employment for their fupport, and either failing altogether to lift themfelves as tithables, or by their idle and diforderly life, rendering themfelves incapable of

paying their levies when lifted, by which means they become a peft to fociety ; for

Enacled. remedy whereof, Be it ena&ed by the reprefentatives ofthe freemen of the State of Georgia Perfons deemed in general ajfembly met^ and by the authority of the fame , That all able bodied perfons, va£a not having fome vifible property fufficient, or who follow fome honeft employment fufficient for the fupport of themfelves and for their families (if any) and who fhall be

found loitering and neglecting to labor for reafonable wages ; and likewife all perfons who run from their habitations, and leave wives or children without fuitable means for their fubfiftance, and all other idle vagrants, or diforderly perfons wandering abroad without betaking themfelves to fome lawful employment or honeft labor, fhall be deemed and adjudged vagabonds.

-^"d be it further enaEtedby the authority orefaid That if any fuch vagabond How to be Ik of t as treated. aforefaid fhall be found within any county in this State, wandering, ftroling, loitering about, or rnifbehaving himfelf, it fhall be lawful for any juftice of the peace of

the county, on application to him made, or on his own knowledge ; and he is hereby? required, by a warrant under his hand to caufe fuch vagabond to be brought before him, and to examine and inform himfelf as well by the oath and examination of the perfon apprehended, as of any other perfon or perfons whatfoever, or by any other ways or means the juftice fhall think proper, of the condition and circumftance of

the perfon or perfons fo apprehended, and if it fhall then appear that any perfon fo

apprehended is under the defcription of vagabonds within this act, or if it doth appear upon trial that any fuch perfon doth not cultivate at leaft three acres of ground in fome grain or other, or that he is of fome mechanic trade, and works at that trade for LAWS OF GEO?. G I A. 377

for his fupport, or that he is in fome honeft employment engaged by the State, or. A. D. 1788.

1 - fome citizen thereof of good fame, that then and in that cafe, the faid juftice mall No - 39 caufe every fuch vagabond to give bond with fufficient fecurity, for his good behavior,

and for his engaging himfelf to fome lawful calling, or honed labor ; and if he fhali

fail to give fuch fecurity, to the fatisfa&ion of the juftice, then the faid juftice is hereby required to commit him to the common gaol of the county, there to remain

until fuch fecurity be given, or until the next fuperior court of the faid county ; which

court is hereby empowered if no fecurity be then offered to bind fuch vagabond to fervice, or wages for the term of one year, and fuch wages after deducting the charge of the profecution, and his neceffary clothing fhall be appiied towards fupporting the family of fuch perfon fo bound (if any) or otherwife paid to the perfon himfelf after

in full all his time of fervice is expired, of other rccompence or reward whatever ; but if any fuch vagabond be of fuch evil repute that no perfon will receive him into fervice, in fuch cafe the court fhall order him a number of lafhes not exceeding thirty- nine, to be well laid on his bare back, at the public whipping poft, and then to be difcharged; and in both cafes every fuch vagabond fhall be afterwards liable to the like profecution and punifhment for every offence of vagrancy whereof he {hall be guilty as aforefaid : Provided nevertheless, that any fuch vagrant, or idle perfon upon his enlifting, and taking the oath pointed out by law, and fully becoming a foldier in the new levies, fhall be exempted from the punifhments heretofore and herein infiicled by this a£t.

III. And whereas it may be that fome evil difpofed perfons, after having committed fome felonious crime againft the laws and good order of fome one of the States in the union, and after being apprehended and found guilty of the charge, fo far as to be committed to gaol, or to have been bound in a recognizance to appear before any court of record for further trial, and have fince either broke gaol or from the cuftody of the officer, or have forfeited their recognizance, and have fled from the laws of the State where the crime was committed, and have come to this State for refuge, to the great prejudice of the fame, Be it therefore enacled by the authority aforefaid, That Criminals flee- limits this that any perfon now within the of State, or may hereafter come within the sutes°adjudged fame, who may have been found guilty of any felonious crime prior to his coming vagrants, fub- within this State, fo far as to have been committed -to gaol for the fame, or to have ind penalnes'of been bound in a recognizance to appear before any court of record for further trial, this law, and to and has fince broke gaol, or from the cuftody of the officer, or have forfeited their g d0 l until ap- lied f r or recoenizance, and have fled from the laws of the State where the crime was com- P ? ' fent to the State • • r r rout mitted and done; in any fuch cafe the faid perfon or perfons mail be deemed and where the crime

wascommiUed ' adjudged vagrants, and fubject to all the pains and penalties expreffed in this law, and (hall be confined in gaol until applied for by the executive authority of the State where the crime was committed, or until the executive of this State (hall find it convenient to fend fuch offender or offenders under a fafe guard to the State where the crime was committed and done. NATHAN BRQWNSON, Speaker. Auguflay February I, 1788.

B b b An 7§ DIGEST OF THE

A. D. 1788. An Ail for the ratification of certain agreements made and entered No. 392. into by commiffioners appointed by the legiflatures of Georgia and Carolina, for the purpofe offettling certain difputes relative to boundary.

by an ordinance patted by the legiflature of this |[ J"HEREAS State, commiffioners were appointed aud authorized to meet other commiffioners fimi-

larly appointed by the State of South Carolina ; And whereas the faid commiffioners

or a majority of them from each State were vefted with full powers to fettle all differences, controverfies, difputes and claims which fubfifted between the two States,

Certain agree- relative to boundary ; And whereas they conformably to thofe powers, did on the ments with the twenty-eighth day of April, in the year one thoufand feven hundred and eighty-feven, State of South Carolina rela- in convention at Beaufort, in the State of South Carolina, by certain inftruments of tive to bounda- fet ry made and writing to which the faid commiffioners interchangeably their hands and affixed done in conven- their feals, make mutual conceilions and agreements for the purpofes aforefaid : Be tion at tleauforc It enabled by the reprefenlatives the the State Georgia in Ratified and therefore of freemen of of general confirmed. ajfembly met, and by the authority of the fame, That whatever was done by the faid commiffioners or a majority of them as aforefaid, is hereby ratified, and (hall be consi-

dered a.s binding upon the citizens of this State, any law to the contrary notwithstanding. NATHAN BROWNSON, Speaker.

Augufla, February I, 1 788.

No, 393. An Act for laying a tax for the year 1788.

February 1, 1788.

No. : 2,3 i- An AEl to admit George Walker and others, to practice in the courts of law and equity, within this State..

February r, 1788.

Private.

No.. 395. An AB for repealing certain parts of the acl of confifcation and banifhmeni.

Preamble. "HEREAS the legiflature cf this State by an acl: paffed the fourth day of May, one thoufand feven hundred and eighty-two, at Augufta, entitled « An acl for confifcating and banifhing certain perfons therein mentioned," did con-

Enacled. fifcate the property of Nathaniel Polhill, his heirs, devifees and affigns, and the pro- The aft of con- p erty f pau i Mc.Cormick, John Thomas, Peter Edwards, and James Butler, and

nifhment fo far did banifh the faid perfons from this State •, Be it enacted, That as far as the faid acl: refpedh Na- as c nfifcation banifhment refpecls Polhill, his heirs, devifees and Q CO • and X Nathaniel thamel Polhill, . repealed aUigns, be, and is hereby repealed. II LAWS OF GEORGIA. 379

A - l II. And be it further enacted by the authority aforefaid, That one half of the efhte of D - 7%%- Nathaniel Polhill, unfold by the commiffioners of confifcated property, be veiled in Haifqf wf^iat Elizabeth Nowland, widow of faid Nathaniel Polhill, n and her heirs. «terun |izab«i! *ad III. A.:d be it enabled, That the property of the faid John Thomas, which remains EK*? ''" unfold, be, and it is hereby vefted in Elizabeth Sharp wife of Sharp, Ce rtai ? property John junior, and , _ *• r J r'J» vetted in Elizabeth

'" the property of Paul Mc.Cormick, which remains unfold, be, and it is: F an"* hereby veiled MSn£cfc in Frances Mc.Cormack and her heirs.

FV. And be it further enabled, That as for the aforefaid acl of confifcation and The raid aft fc for banifhment, refpecling the banifhment of the faid Peter Edwards and Tames Butler. <,tl,er twfons repealed. James Jackfon, John Douglas, William Corker, James Ingraham, Thomas Waters, and John Johnfton, be, and is hereby repealed.

NATHAN BROWNSON, Speaker. Augufia, February I, 1788,

Ac! to extend the time receiving fupplies, under an An for aB pajfed the ^ijl day of Oblober No. 396. 1787, and for other purpofes therein mentioned.

February 1, 1788.

Obfolete.

An Ac! to admit Alexander Stephens, and others, to the rights of No. 397. citizenjhip.

WHEREAS Alexander Stephens has petitioned the legiflature of this State to be admitted to the rights of citizenfhip, and his petition has been fupported

by the recommendations of a large number of citizens, Be it enabled by the reprefenta- Certain perfons fives of the freemen of the State of Georgia in general ajfembly met, and by the authority ' of jf hts"^/ -- the fame, That the faid Alexander Stephens be, and he is hereby admitted to all the zenfiiip. rights and privileges of citizenfhip exercifed within this State.

II. And be it further enabled by the authority aforefaid, That Ifaac Herbert, Thomas King and Duncan Manfon, 'be alfo admitted to the privileges of citizenfhip within the faid State.

III. And be it further enabled, That Charles Murray, Efq. of Madeira, be entitled to all the rights, privileges, and immunities of a citizen of this State, in like manner as if he had remained in America during the laft war.

NATHAN BROWNSON, Speaker,

Augufia, February 1, 1 7 88. An DIGEST OF THE 3 8o

A. D. 1788. An Acl to amend and repeal certain parts and claufes of " An acl for No. 398. regulating the trade, laying duties on all goods, ivares, liquors,

merchandize and negroes, imported into this State ; and alfo an impojl on the tonnage offlipping, and for other purpofes therein mentioned"

Fees ofpilotage. Ill E it further enaBed, That every mafter or owner of any vefTel, entering or clearing in any port in this State, {hall pay the feveral fees of pilotage

agreeable to law, if a pilot is offered, (except the conftant coafting velTels to and from Charlefton) and they fhall pay half pilotage if they take no pilot, and whole

pilotage if they take one \ and the faid fees fhall be paid at the time of clearance, any former law, cuflom, or ufage, to the contrary notwithftanding.

So much of this a8 as relates to trade and duties on imports, nonv under the regulation of Congrefs. remainder, refptcling health officer and quarantine, acl No. and acl The fee of 1789, 430, of 1 793, No. 485. NATHAN BROWNSON, Speaker. Aagujia, February I, 1788.

No. 399. An Acl for eflablifloing an academy or feminary of learning at Sunbury in the county of Liberty.

Preamble. WHEREAS the legislature in compliance with the conftitution, and from the great advantages that neceflarily refult from the eftablifhment of public feminaries, did by their refolve of the fourteenth of February, one thoufand feven hundred and eighty-fix, appropriate or fet apart unfold confifcated property, in the county of Liberty aforefaid, to the amount of one thoufand pounds, and empower certain commiffioners therein named, to fell and difpofe of the fame for the faid

purpofe, who ,have hitherto delivered adding under the faid appointments. Be it Enacted. therefore enaBed by the freemen of the State of Georgia in general affembly met, and by Commiflioners named and ap- the authority of the fame, That Abiel Holmes, James Dunwoody, John Elliott, Gideon pointed for the Doufe and Peter Wynn, be, and they are hereby appointed commiffioners of the academy of Li- berty county, Sunbury academy, with full power and authority for them or a majority of them to with power to fell and difpofe of any confifcated property within the county of Liberty, at public fell confifcated property to the fale, firfl giving thirty days notice in one of the gazettes of this State, to the amount amount of 1000/ for the ufe of the of one thoufand pounds as aforefaid, which fhall remain in their hands to be appro- fame. priated to the building a fuitable houfe for the faid academy.

To give bond II. And be it further enaBed, That each of the faid commiffioners fhall previous to and fecurity to their acting, give bond to his honor the governor for the time being, in the fum of the governor. one thoufand pounds, for the faithful difcharge of faid truft, and for their returning into the public treafury of this State, any monies arifing from the faid fale of confifcated property which may remain in their hands over and above the fum by this

a£f, veiled in them. NATHAN BROWNSON, Speaker. Augufla, February 1, 1783* An LAWS OF GEORGIA. ifti

An Aft to appoint commifftoners for the town of Brunfwick) in the A. D. 1788. ° ' county of Glynn. °° 4

I. *3 E it enaBed, and it is hereby enaBed by the reprefentatives of the freemen of the Commiflioners named and ap- State Georgia in general affembly met, and by the authority the fame, That \ J of of pointed for the Henry Ofborne, George Handley, Chriftopher Hillary, John Braddock, William town of Brunf- wick—-a furvey Houftoun, General Lachlan Mc.Intofh, and Seagrove, Stephens, John James be, and of the fame to they are hereby appointed commiflioners* for the town of Brunfwick, who, or a be recorded. majority of them {hall have power after giving three months notice in the gazette to re-furvey or caufe to be re-furveyed, the faid town of Brunfwick, as near as poflible to the original plan or furvey, and which furvey when fo made fhall be recorded in the office of the furveyor general, and alfo in the office of the furveyor of the county of Glynn.

II. And be it further enaBed, That the faid commiflioners, or a majority of them, Empowered to fell vacant {hall have power to fell at public vendue, at fuch times and places as they fhall lots, (except thofe think proper, all or any of the vacant lots in the faid town (except fuch as were originally referved for pub- originally referved for the public ufe) firft giving four weeks public notice of fuch lic ufes) for the fale or fales, and the monies arifing therefrom fhall be applied under the directions of ufe of an academy in the faid faid commiflioners, to the building and fupport of an academy in the faid the town, town. and to no other purpofe whatever.

III. And be it further enaBed by the authority aforefaid, That in cafe of the death, Vacancies, how to be filled. or refufal to act of any of the commiflioners aforefaid, his honor the governor, by and with the confent of the executive council fhall appoint fome other perfon or perfons in his or their room and dead ; and the commiflioners aforefaid, or any of them, fhall not take or receive any fee or reward for their fervices whatfoever.

IV. And be it further enaBed by the authority aforefaid, That nothing herein con- Not to affect claims to lots tained (hall afreet the right or title of any perfon or perfons claiming or holding a lot under any for- or lots within the faid town, as laid down in any former legal plan thereof. mer legal plan. NATHAN BROWNSON, Speaker. Augufla, February I, 1788.

* Oiher commiffioners appointed by acft of 1796, No j.59.

An Acl to erecl a court houfe and gaol in the county of Franklin. No. 401.

WHEREAS there is no court houfe and gaol in the county of Franklin, and Preamble the fame is neceflary,

I. Be it therefore enaBed by the reprefentatives of the freemen of the State of Georgia Enacted. in general affembly met, and it is hereby enaBed by the authority of the fame, That a court Court houfe and1 gaol to be built houfe and gaol be erected in the faid county of Franklin, at fuch place as a majority in the county of of the commiflioners herein appointed fhall direct, and that the fum of two hundred Franklin: £250 and fifty pounds be allowed for building the faid court houfe and gaol, and that his t-he treafury £i°r honor the governor do draw a warrant on the treafurer in favor of the faid commif- the fame. uoaers., :

&* DIGEST OF THE

A. D. 1,788. fionew, for the fum of two hundred and fifty pounds as aforefaid, to be .paid out -of No 401. any monies now in the treafury. IL And he H Coinmiffioners further enaHed, That *Larkin Cleveland, Thomas Payne, John Ar- iiamed.and »p- rington, John Payne and Samuel Gardner, be the commiffioners to carry this act into effect, and that a majority of the faid commiffioners be at all times aurhorized to proceed to bufinefs Provided y That the faid commiffioners do give bond and fecurity xTfive bond to his honor the and fec'urjty to governor, for the faithful performance of the iruit repofed in them. the govcrnor> NATHAN BROWNSON, Speaker.

Augtifa ) February 1, 1788.

* Other commifiioners appointed by acl of 1791, No. 45 a.

An Acl tofequre to Ifaac Briggs and William Longjlreet, for the term offourteen years the fsle and exclufve privilege of ufw.g a newly conflrtitled fleam engine, invented by them.

February 1, 1788. Private. -— A. 0.1789. ————— No. 403. An Atl appointing the time, for manner and places for holding eletlions for reprefentatives: in congrefs.

January 23, 1 789.

Ohfolete.

No. 404. An Aci to admit Richard Dickinfon, Thomas Edward Dorfey, and others therein mentioned, to prablice law in any of the courts of law and equity within this State.

February 1, 1789.

Private.

No. 4C5. n jff $ alter^ amend and repeal certain parts j of an aB9 entitled " An aclfor efablifhing au academy in the county of Chatham, and for

Preamble. the truftees of the "\% THEREAS academy for the county of Chatham have re- VV prefented, that the eftate called Zuberbuhler's eftate, hath not been put into their hands agreeably to the directions of the above recited aft, but is in the pofTefnon of Bartholomew and Jacob Walburger, who claim the fame as heirs at law of the reverend Bartholomew Zuberbuhler, deceafed : And whereas it is provided in the faid aa, that nothing therein contained {hall bar the claim of any perfon who is legally the heir of the faid Zuberbuhler.

I. . . ,

LAWS OF GEORGIA. 383

I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in general A. D. 1789. effembly met, and by the authority the fame, That fo much of the faid of aft, entitled, Enjdtf/' "An act for eftablifhing an academy in the county of Chatham, and for vetting certain So much of the property inSelina, countefs dowager of Huntingdon," paffed the firft day of February, ttgZtcltemy one thoufand feven hundred and eighty-eight, as directs and authorizes the fheriff of in the county of the faid county of Chatham to take the eft-ate called Zuberbuhler's eftate, lying and SSfiKJe? buhler

~~II. And be it alfo enabled, That the truftees of the academy for the faid county of The tn.fl~~

III. And be it further enabled, That the faid Bartholomew and Jacob Walburger, Boftd^ncTfecu. cr one of them fhall within thirty iy w be gh,ea ' days altera demand for that purpofe, give bond V l •Lrai'r--irrr "Y theiri to ac- witn lurhcient lecunty in the fum of four thoufand pounds, payable unto the faid count with the truftees and their 6 fucceflbrs in office, conditioned fairly to. account for and pay unto ^mSmc^?* the faid truftees, immediately after the final determination of the action herein di- their claim, reded to be commenced, the amount of the net annual proceeds of the faid eftate, and for every wafte committed thereon, from the time of their en.try into the fame : Provided, their claim to the faid eftate as heir or heirs fhall be found invalid or in words to that effect.

~~JOHN POWELL, Speaker. AugMJia, February 3, 1789. ,~~

* This eftate. is veiled in the heirs of Jacob Waldburger, deceafed, byadlcfi7gij No. 449.

~~An At! to preventfrauds in the making lumber. of No . .^5, February 3, 1789.~~

~~Repealed by aft of 1790, No. 445;~~

An Aci to amend and repeal certain claufes "An regulating of aclfor No, 407,' the trade, laying duties on all goods, -wares, liquors, merchandize negroes and imported into this State, and alfo an impoft on the tonnage of/hipping, andfor other purpofes therein mentioned"

WHEREAS it is found from experience that the duties laid on goods, Wares* liquors, merchandize and negroes, and alfo the impoft on the tonnage of (hipping arriving within this State is inefficient and inadequate to the purpofes intended, by the faid act, for remedy whereof,. Be it enabled by , the rebrefentaiives of the

~~freemen, t 3^4 DIGEST OF THE~~

met, and by the authority of the fame, A. D. 1789. freemen of the State of Georgia in general ajfembly No. 407. of this aft, the following duties (hall be paid and le- That from and after the rpaffingo 1 onnage to be , liquors, merchandise and negroes paid on all vef- vied for the ufe of this State upon all goods, wares, fels - on the tonnage of all imported into any part of this State, and the following impoft of duties omitted the fame vefTels arriving within the fame, that is to fay. (The rates being under the regulation of congrefs.) as.per.tonacconL- ton according to carpenters meafure. Q fl ve fje i s an impoft of two {hillings per and the iupport of a feamans holpital in bavan- The'm^eriumof H. For the ereding, eftablifhing the erecting nah and for the cIearin of Savannah river of its wrecks, and alfo for £wA*$ > g **' enacled, That the further SSllS Hght-houfes and eftablifhing pilots within this State, Be it ports within this State fum of one milling per ton on all (hipping entering any of the lhall be paid, and applied as by the afore recited aft is dire&ed. this ad (hall be in force and virtue immediately Aft to be in III. And be it further enacled, That io.ce until con- affembled (hall by j^fW f the fame until the United States in congrefs f tne * grefs (hall dirt.

~~Augujla, February I, 1789-~~

~~coin No. 408. An A'cl to prevent the clipping and mutilating the current of this State.~~

Preamble. "^ "IT THEREAS the moft mifchievous confequences are daily experienced by the YV good, citizens of this State, from the nefarious practice of clipping and Enacled. mutilating 'the circulating fpecie thereof; to prevent the fame, Be it enacled by the met, and by the Gold and filver reprefentatives of the freemen of the State of Georgia in general ajfembly coin of full authority the fame. That all gold and filver coin of full weight (hall pafs current wciPntj to pnis J ofJ J ° by tale. by tale within this State. fhall cut, Perfons cutting H. And be it further enabled, That if any perfon or perfons prefume to I a n clip, or mutilats the gold or filver coin current in this State, after the firft day of t ieToTn c ur rfnt in this State, to March next, he, fhe, or they fo offending, and fhall be lawfully convi&ed thereof, hG firft offence the fum of one hundred pounds, one half to go to the firft" ofi&ce mall forfeit for the £ioo, and for informer, and the other half to go to the ufe of the academy within the county or for the fecond offence, on con- LfFer^deatr/ls counties where fuch offence may be committed ; and felons. vicTion before any court of judicature having cognizance thereof, he, (lie, or they

~~fhall, and are hereby declared guilty of felony, and fhall fuffer death without benefit of clergy. JOHN POWELL, Speaker.~~

~~AuguJJa, February 3, 1 789. MBNHBBMBI~~

No. 40?. Jin Ad for granting pardons to Budd Bailey and Nicholas Green, now under fenfence of death, in the common gaols of the counties of Chatham and Richmond upon certain conditions therein mentioned.

~~February 3, 1789. Private. An - '~~

~~LAWS OF GEORGIA. 385~~

D - I 8 Ac~t to redeem the paper medium this State, A - 7 9« An r l ofy No. 410. WHEREAS it is neceffary and expedient from the injury which has arifen to individuals, and for the reftoration of public credit, that meafures be taken to redeem and take up the current medium, now in circulation in this State.

And whereas five thoufand pounds of the faid paper medium appropriated1 in the £5000 of die aper meduun treafury towards a finking fund agreeable to a refolution of the twenty-fecond inftant, P ' burnt agreeably . . has been burnt under the inflection of the committee of finance, the amount and re- to a refolution. fpective denominations of which, to be certified by the treafurer, and entered on the minutes of the general afTembly.

I. Be it therefore enabled by the reprefentatives ofthe freeman of the State of Georgia in The further fum of J J r J J J J J & 5000!. of the tax of the cum-iK year, general affembh met,' and by the authority of the fame, That the further fum of five thou- «-> V J J J J J and four fuccc-ilive fand pounds of the tax, of the current year, and of four fucceffive years thereafter be years thereafter to » * ' ' ' be appropriated in like a*"" arnd appropriated in like manner as aforefaid, and annually burnt, uiiJef the regulations '?, rr tr ' J ' annually burm. herein before pointed out.

II. And be it enabled by the authority aforefaid, That from and immediately after the So much of the United States in congrefs affembled (hall or pafs-any act or acts for laying im- may the famT^rS pofts, or laying direct taxes within this State, then and in that cafe fuch part or lates to impofts parts of the act, entitled, "An act for emitting the fum of fifty thoufand pounds pa- t0 be repealed, per medium, and for other purpofes therein mentioned," that relate to receiving impofts or duties as aforefaid be, and the fame is hereby repealed.

III. And be it enabled by the authority aforefaid, That the time for taking up the faid The time for current medium of this State be extended until the fifteenth day of one January, fa i d medium ex tended until thoufand feven hundred and ninety-four, and fhali continue to be a tender* in all cafes I i January, i • i S"' except forr-ni-ncr / impofts direct taxes notwith- and as aforefaid, any law to the contrary i 7 >4 . (landing. Continuation o£. ° i, the tender. JOHN POWELL, Speaker. Augufla^ February r, 1789.

* Tender discontinued by act of the fame year, No. 426.

*" 4Jr* An A3for the relief of John Ferrie, and other perfons therein mentioned. '

~~February 3, 1789.~~

~~Private.~~

~~An AB to repeal fome part% and to amend other parts of"Aw aff to Noi 4*3;. regulate the infpeclion of tobacco."~~

I. II. III. IV. V. T> E- ENACTED with alterations by act of 1791, No. 457. JL\. VI. And whereas feveral petitions have been prefented to the prefent general affembly, praying the eftnblifhment of other infpections within this W State, Be it therefore enacted by the authority aforefaid, That the following infpections btfuiw| wri*r"iiUe= n be, and the fame are hereby eftablifhed under the fame regulations as thofe already [hffe"ih or *nearr Au£ C c c eftablifhed. ^ :

~~3 3<5 DIGEST OF THE~~

A. D. 1789. eftablifhed in or near the town of Augufta : On John Shelman's lot of ground in No. 412- Louifville ; on fome public lot in the town of Wafhington, or fuch other lot in the In the town of * c LoBjfvine. faij town as the commiffioners of the academy in the county of Wilkes may point out In the town or > ' 1 * ' waOungton. tfte \ zri(\ f Savannah, near the Butler's ou general JTohn Twiggs,» at new » mouth of At New Savan- 6 . 66 nah. creek, and on lands of Henry Arrington at the fame place j on the lands of Robert G h in of Arthur Fort, near the falls N«r tS wiso'f Forfyth the town of Galphinton ; on the lands of Ogechee lands Chriftopher at And at' Reid's Ogechee ; and on the of George Handley and Hillary, Reid's bluff. bluff. JOHN POWELL, Speaker.

~~Augufa, Februarys, 1 7 89.~~

~~No. 413. An Atl for itnpofing a tax for the year 1 789.~~

~~February 4, 1789.~~

~~No. 414. An Ac! for the better regulation of bridges^ roads and ferries.~~

E it enabled by the reprefentatives ofthe freemen of the State of Georgia in general affembly met, and by the authority of the fame, That from and immediately after the palling of this a£t, the *fuperior courts of this State fhall, in their refpeclive counties, have full power and authority to order roads, ferries, or bridges, at any place or places where the fame fhall in their judgment be found neceflary for the ufe of the public. The remainder of this and the other fefiions omitted, relate only to roads and bridges, repealed by a8 of ijgzi No. 478. JOHN POWELL, Speaker. Augufla, Februarys, 1789.

~~• The fuperior courts are authorized to eftablifh ferries by acl of 1797, No. 597.~~

~~No. 41?. An Atl for annexing certain iflands to the county of Glynn,~~

Certain iflands J, ~1T% £ it enabled by the fenate and houfe of reprefentatives of the State of Georgia in met, That all the iflands on the fouth fide of the county of Glynn jL3 general affembly Alatamaha to the river Little Satilla and St. Andrew's Sound, together with Great and Little St. Simon's, Long Ifland and the Hunting Iflands, be, and the fame are hereby annexed r to, and declared to be a part of the county of Glynn. SEABORN JONES, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor. December 20, 1789. An LAWS OF GEORGIA. 3 8 7

~~An Acl to vejl certain property in Rachael Johnfton and her children. A. D. 1789. December 8, 1789. No 416. Private.~~

~~An Acl to regulate the form and manner of holding eleclions for mem- No. 417, bers to reprefent the inhabitants of this State in general affembly.~~

~~THIS ad: was amended by aft of 1790, No. 434, and both are re-ena8ed with alterations by a3 0/1796, No. 572.~~

VIII. And be it further enabled, That all laws heretofore paffed for regulating All former laws elections (hall be and the fame are hereby repealed. regulating dec- ' SEABORN JONES, Speaker of the Houfe of Reprefentatives. ^^ * N. BROWNSON, Prefident of the Senate. EDWARD TELFAIR, Governor. December 8, 1789.

An AB for difpofing of certain vacant lands or territory within this No. 418. State.*

divers perfons WHEREAS from the State of Virginia,, North Carolina, and Preamble. South Carolina, have made application for the purchafe of certain tracts and parcels of land, lying and bordering on the Tennefiee, Tom or Don, Bigby,

Yazoo and Miffiffippi rivers, within this State, and have offered to engage to fettle the "fame, a part of which territory has been already fettled on behalf of fome of the applicants, under and by virtue of an act of the general affembly of this State, bearing date the feventh day of February, one thoufand ieven hundred and eighty- five, at Savannah, entitled " An act for laying out a diftrict of land fituated on the river Miffiffippi, within the limits of this State, into a county to be called Bourbon:" Now therefore, be it enabled by the fenate and houfe reprefentatives the State of of of Enacled Georgia in general affembly met, That all that tract or part of territory of this State, The boundaries f a tradl within the following limits, to wit, Beginning at the mouth, of Cole's creek, on the °- ?*/."" • • ntor.y within TiirTrrr 1 1 i r ? i ,- ,- JVIiliiihppi,. continuing to the head fpring or fource thereof, from thence a. due eafl this state. courfe to the Tom or Don Bigby river, thence continuing along the middle of the faid river up to the latitude thirty-three, thence down alone the latitude thirty-three „ ,. , • * K»ferved as pr«. 1 i- 1 r -\ rr • ~.t ^ bounding on the territory ot the Virginia Yazoo Company, a due weft courfe to the SW°n f" r the •liiriit/frr/T-'i' South Carolina Ya- middle of the Miffiffippi, thence down the middle of the Miffiffippi to Zw ri, ">i><™y for rr the mouth of two years from 1 he Cole ,,.-.. . s creek aforefaid, and containing about five millions of acres, (hall be referved JoSin^'a^' as a pre -emption for the South Carolina Yazoo Company for two years from e and on°°£a^ent ot- after the paffing of this aft; and if the faid South Carolina Yazoo Company fhall, thSfJry'wi'f" within the faid of term two years, pay, into the public treafury, of. this State,, the governo.lolm.e'a grant of the t\\d amOUnt territory to the jierfijns named and * difpute tl,e,r affl, A having arifen betwetn the purchafers and the State about the mode of payment} the pre-emptien "s«*.7 expired without payment having actually been made, and no grants were gaffed. 3 8 8 DIGEST OF THE

A. D. 1789. amount of fixty fix thoufand nine hundred and. iixty- four dollars} then it fhall be No. 418. lawful for the governor at the time being, and he is hereby empowered and directed to fign and deliver a grant in the ufual form, to Alexander Moultrie, Ifaac Huger,

~~. . William Clay Snipes, and Thomas Washington, Efquires, and the reft of their' aflb-~~

~~fciates, and to their heirs and affigns for ever, in fee fimple, as tenants in common,~~

~~all the tract of land included in the aforefaid boundaries.~~

Boundaries of II- And be it further enafted, That all that tract or part of territory of this State, in- the territory re- eluded within the following limits, that is to fay, Beginning at the mouth of Bear & 1 J 7 ° ' ferved in like x . ° . •_ manner for the creek, on the fouth fide of the Tennefiee river, running thence up the faid creek to ugim azoo } iea(j or fource * thence a due weft courfe to the Torn or Don Big-by, or Twenty fc> /' . / company^, con- . . . taining fev*n Mile creek, thence down the fame to the latitude thirty-three, thence along the 'faid latitude, bounding on the South Carolina Yazoo Company's line, a due weft courfe to the middle of the Mifliifippi, thence up the faid river, in the middle thereof, to the northern ^boundary of this State, thence along the faid boundary line a due eaft courfe to the Tennefiee river, thence up the middle of the faid river to the beginning thereof, and containing kven millions of acres, fhall be referved as a pre-emption for the Virginia Yazoo Company, for the term of two years from and after the paffing

~~Amount to be of this act ; and if the faid company fhall caufc to' be paid into the public treafury of~~

~~1 " 4 this State, within the faid term of two years* the amount of ninety-three thoufand dollars!' feven hundred and forty-one dollars, then it fhall be lawful for the governor at the~~

time being, and he is hereby empowered and required to fign and deliver, in the ufual form, a grant of the aforesaid tract of land to Parrick Henry, David Rofs, William Cowan, Abraham B. Venable, John B. Scott, William Cock Ellis, Francis Watkins, and John Watts, Efquires, and the reft of their afTbciates, and to their heirs and affigns for ever, in fee fimple, as tenants in common of all the tract of land included in the aforefaid boundaries.

~~Boundaries of a III. And be it jurther enabled, That all that tract or part of the territory of this~~

State, included within the limits following, to wit : Beginning at the mouth of Bear rv referved"'in like manner for creek, on the fouth fide of the Tennefiee river, in the latitude of thirty-four degrees

Comoany, con- forty-three minutes, running thence up Bear creek to the head or fource, thence a taining three due weft courfe to the Torn Bigby or Twenty Mile creek, thence down the faid and a half mil- - ' • '1 1 1 • 1 1 r 1 t n lion of acres. BigDy or I wenty Mile creek to the latitude thirty-four degrees, thence a due ealt courfe one hundred and twenty miles, thence a due north courfe to the northern boundary line of this State, thence a due weft courfe along the northern boundary line to the Great TennefTee river, thence up the middle of the faid river Tennefiee to the place of beginning, z.nd containing three millions and a half acres, fhall be referved as a pre-emption for the Tenneffe company, for the term of two years from

~~Amount to be and after the paffing of this act ; and if the faid company fhall caufe to be paid into~~

~~' ''* e uhlic treafury of this State, within faid years, the of dollars ^ P the term of two amount forty-fix thoufand eight hundred and feventy-five dollars, then it fhall be lawful for~~

the governor for the time being, and he is hereby empowered and required to fign and deliver, in the ufual form, a grant of the aforefaid tract of land, to Zachariah Cox, Thomas Gilbert, and John Strother, Efquires, and to the reft of their afibciates, and LAWS OF GEORGIA. 33$>

A. D. 1789. and to their heirs and affigns for ever, as tenants in common of all the tract of land faid grantees fepa- Ne>. 418. included in the aforefaid boundaries : Provided, That the of each rate grant, fhall forbear all hoftile attacks on any of the Indian hordes which may there be and keep this State free be found on or near the faid territory, if any fuch ; from all charge and expences which may attend the preferving of peace between the faid Indians and grantees, and extinguifhing the claims of the faid Indians, under

it is hereby exprefsly conditioned, the authority of this State : And providedfurther, and That this State and the government thereof fhall, at no time hereafter, be fubject to any fuit at law, or in equity or claim, or pretenfion whatever, for or on account of any deduction in the quantity of the faid territory, by any recovery which may or fhall be had on any former claim or claims. IV. And for the better direction of the governor, Be it enabled, That the treafurer The treafurer to receive all pay- of this State fhall, on application of any agent of either of the faid companies, within ments within the faid term the faid term of two years, receive the fum or funis of money, which they are hereby and give certi- refpeclively directed to advance, a certificate or certificates of which payments, under ficates thereof. the hand of the treafurer, fhall be a fufficient voucher for the governor to iffue the grants to the refpective companies aforefaid. The remaining be it enacted, all the remaining vacant territory belonging to V. And further That vacant territory this State, fhall be difpofed of as this or a future general affembly fhall dired, and to be difpofed of as the legifla- and in no other manner whatever. ture fhall direcT:; SEABORN JONES, Speaker of the Houfe of Reprefentatives* and in no other manner vvha:- the Senate. NATHAN BROWNSON, Prefdent of foever. EDWARD TELFAIR, Governor.

~~December 21, I 789.~~

~~No. An Atl to point out the mode of eletling inferior officers. 419. December 22, 1789. Repealed by a3 of 1792, No. 475.~~

granting An Acl to afcertain the falaries and fees of the public officers of this State; com- No. 420. penfation to the mtmbers of the general affembly and their officers; appropriating money, andfor eflablifhing a contingent fund. December 23, 1789.

~~Obfolete.~~

*An Aft for regulating the judiciary departments of this State. No. 421.

reprefentatives the State Georgia in Two judges of I. *T\ E it enabled by the fenate and houfe of of of the paffing of this aft, J3 general affembly met, That from and immediately after ^J^^^ ele&ed judges of the fuperior pointed. two fit and proper perfons, duly qualified, fhall be court,

<< revife " this ijjj*. No. 456, to and * See acl of 1700, No. 438, to amend explain and continue" acW repealing this, together with the mtermediate ads. amend the judiciary fyftcm"-and of 179a, No. 475, -

~~39^ DIGESTOFTHE~~

A. D. 1789. court, which judges fhall have precedence according to the time of their election No 4Zt - - and fhall, before they enter on the duties of their refpedive offices, take the follow- T-heir oath. ing oath or affirmation, to wit : " I do folemnly fwear or affirm, that I will admi- " nifter juftice, without refped to perfons, and do equal right to the poor and to " the rich ; and that I will faithfully and impartially difcharge and perform all u the duties incumbent on me as a judge of the fuperior court of this State, according " to the bed of my abilities and underftanding, and agreeable to the conftitution and " laws of this State, and the United States. So help me God" To hold a court U>. 4fl4 be it further enafled, That the judges of the faid fuperior court, or any one in each county f them, fhall hold the faid courts in each county, twice in every year, at the refpec- year. ti'ye times, and in manner following, that is to fay, Commencing in Camden and !m f0r Wa{hin ton on the firft Monday in g > January next ; the Monday after in Glynn Sdin the and fame. Greene; the Monday after in Liberty and Franklin; the Monday after in Chatham and Wilkes; the fecond Monday after in Effingham and Richmond ; and the Monday after in the county of Burke ; and that the counties from Burke to Camden, inclufive, be the eaftern diftrid, and the remaining counties the weftern diftrid; and the fecond term fhall commence on the firft Monday in July next thereafter in Camden and Wafhington, and be continued throughout each diftrid in the fame rotation as direded Writs and other in refped to the firft circuit. And all writs and proceffes in civil adions

ifruin out of the faid court A™ 11 b <= ™de returnable aS^enS! S > in twenty days exclufive of the turnabie and day of fervice, and before the meeting of the court, which fhall be called the return 1 V e ffUed da j and a11 fuch writs and roceffcs fhall iffue from, and be ind fc°rv C d y P figned by the clerk of the court where fubjed to be tried, and be direded to all and fingular the fheriffs of the faid State, and fhall contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and diftindtly fet forth, and be figned by the party or his attorney; and a true copy thereof fhall be ferved, or left at the defendant's ufual and notorious place of abode, or where he may be found, on or before the return of fuch writ or procefs, fheriff his by the or deputy for the county; which defendant fhall, within ten days after tIie return of fucn procefs and writ, enter an appearance, P ; and the faid judges, judges to meet or either of them, fhall, from time to time, meet for hearing motions,* «»***and *^>»for J'rumn time to time /.. ^ ,. ., , .. ,_"_~ & fl 111 »• \ r r 1 hear moiiuns, trantactmg all other ordinary bufinefs, where a is iurv not reauired»j »* »oas ««ohas muiniuhirhprfn rtc. where a jury . in- irr r isiwtnecd&ry. been the pradice and ufage of courts of law. And in all capital criminal cafes the ihaif" re'rpite ex" judge, or judges, before whom a prifoner is tried and convided,' fhall refoite exe-w < ;_' r ution thirty days ...... r - after fentence. cution until thirty days after fentence, and fhall make report thereof to the governor Bail in civil cafes • • ° j 1 r r l. ..• 1 • ... in what manner or commander in chiet tor the time 10 being; and where bail is required in any civil adion, an affidavit fhall be made of the debt and damages before any judge or juftice of the peace which the party believes to be due, or has fuftained, and fhall be affixed to or indorfed on the petition or procefs; in which cafe the fheriff fhall take J£ a bail bond in double the value of S" the" order ff the debt or damages fo fworn to be due; but either of the judges, ITto ^the piainfin-; on extraordinary occarions, probable caufe of adion being fhewn, or fworn to, fhall order be enterH^or de- bail, according to the circumftances of the cafe dered?' fufficient to compel the appearance of the defendant or defendants, which bail bond

(hall LAWS OF GEORGIA. 39*

(hall be fubjea to the order of the court, to be affigned to the plaintiff, unlefs A. D. 1789. fufficient fpecial bail be entered, or the defendant furrendered in difchar*e of his No. 43t. bail, on or before the firft meeting of the court. III. And be itfurther enaEied by the authority afore/aid, That the faid fuperior court Jurifdi&ion of (hall have full power and authority to exercife jurifdiaion in and to hear and deter- faid court. mine, by a jury of twelve men, all pleas, civil and criminal ; and all caufes of what nature or land foever, according to the ufage and cuftora of courts of law and equity (except fuch as are hereby referred to inferior jurifdiaions) on the days and times herein before mentioned ; and (hall conlift of at lead one or more judge or judges • and that it (hall and may be lawful for the faid judge or judges, to proceed with a jury on petition or bill, direaed to the faid judges, in all difputes of a civil nature cognizable by original jurifdiaion in the faid court, for any debtor damages, or any f„m of money above ten pounds ; but the plaintiff or his attorney (hall not be at liberty to fign judgment within four days after verdia ; and in no civil cafe (hall J'jdjment rot to execution iffue until the expiration of fixty days afrer the end of the I>e (is

~~cial '~~

>\ ':.:T'' DIGEST OF- T'HE 392Q2 &M rcfufal of either party to ftrike fuch 89.,;Cpf jurors, to try the caufe ; and in cafe of A. D. 1 7 purpofe, and proof thereof, the judge, No, 421.- -fpecial jurors, after due notice given for the to be impannelled, ftiall, on behalf l\l before whom notice is given for fuch fpecial jury ..''. of the party, or his attorney attending, proceed in the fame way and manner as if and done the fame. V . the party abfent or refufing had been prefent •'." the fpecial jurors, V. And be it further; enaBed by the authority afore/aid, That enter fummoned to try iffues in the faid fuperior court, fliall, before they upon following oath or affirmation, to wit: " I do Their oath. \ their duty as fuch, feverally take the folemnly fwear or affirrn (as the cafe may be) that I will well and truly try the iffue joined and now to be tried, between A. B. plaintiff, and C. D. defendant, and a evidence produced to me, to jtr.ue^ verdict give according to law and equity, and the

'", either party. So th a belt of my fkill and knowledge, without favor or affeftion to help me God." the authority afore/aid, That the judges of the faid fupe- , . , VI. And be it enaBed by to •' r Thc iudsres , n , • 1 r u ^ 1 * ^.x. full power to regulate the pro- eftablilh necef- rior courts fhall be, ,and they are hereby vefted with fai leS for ceedings in the faid courts; ;and to make and eftablifti all neceffary rules the d to .uiUfli" ufage of courts, and all contempts orderly conducting bufmefs therein, according to law, and the ower t0 im ofe and adminifter all neceffary oaths or affirmations, and to in rifoiS? fta11 have P P judges pre- punifh, by ufual fine or imprifonment, at the difcretion of the judge or before the faid court. fiding, all contempts of authority in any caufe or hearing That the clerks of the VII. And be it further enaBed by the authority aforefaid, of their office, take the feveral courts fhall, before they enter upon the execution judges, to wit " I do folemnly Oathtobetak- following oath or affirmation, before one of the : en by the clerks. enter and record all the orders, fwear or ^^ that j wi]J tmly and fa i t hfully for the county of - decrees, judgments and proceedings of the fuperior court brought to rae, as by law ought to and all other matters and things which may be all the that I will faithfully and impartially difcharge and perform , be"^ recorded,**"" » and J A Whoaretokeep . , ... . 1 1 n. r c abilities and underitanding, bo fair and regular duties of my laid office, according to the bed of my the fliall keep fair and regu- help me God." And that the clerks of the fuperior courts ^rSlSifs j ffiS be court bufinefs, which fhall be figned by the prefiding Which j ar minutes and dockets of the as the fame may be gone through prior to the SurfbefcL?/- judge or judges on the bench, as far journment, and fufficient fecurities, to the governor adjournment ; and fliall give bond, with two C y to his fucceffors in office, in two thoufand pounds, g!ve tond .nd or commander in chief, and fecurity to the fhall be depofited in the public fQr nis 00d conduct while in office; which bond governor. ° treafury. enaBed by the authority aforefaid, That the fheriffs of the Sheriffs-their VIII. And be it further courts when fitting in the poweranddusy. feveral counties fliall attend the fuperior and inferior throughout the county, refpeftive counties, and by themfelves, or deputies, to execute to them, and iffued under the all writs, warrants, precepts, and proceffes direded court, and the authority of any judge of the faid fuperior court, or clerk of the all neceffary affiftance faid fheriffs, or their deputies, fliall have power to command fhall be occafion, one or in the execution of their office, and to appoint, as there or of the judges more deputies, who ftiall be removable from office by any one more of \.

~~LAWS OF QEORGIA. 39}~~

of the faid court ; and before the faid fherifFs enter on,the duties of their office, each A. X). 1 789. of them fhall become bound for the faithful execution and performance of the fame, by himfelf and by his deputies, before any one of the laid judges, to the governor of To give pond and fecuriiy,'/ this State for the time being, jointly and feverally, with two good and fufficient fure- -' ties, inhabitants and freeholders of the county, to be " approved by one or " rhore of the judges, in the fum of five thoufand pounds-), and the faid bond fhall remain in the clerk's office of the county for which fuch fherifFs are appointed, and may be fued for by order of the faid court for the fatisfaction of the public, and all private perfons aggrieved by the mifconduct of the faid fheriffs or their deputies. And the faid fheriffs reflectively, fhall take, before either judge or juftice of the county, and the fame fhall be recorded in the office of the clerk of the fuperior court, before they enter on the duties of their office, the following oath, to wit : " I do folemnly fwear Their oath.

~~or affirm, that I will faithfully execute all writs, warrants, precepts and proceffes~~

~~directed to' me, as the fherifF of the county of , and true returns~~

~~make, and in all things well and truly, and without malice or partiality, perform~~

the duties of the office of fherifF of the county of , during my continuance in office, and take only my lawful fees. So help me God." And an oath to the fame purport fhall be taken, in like manner, by each of the deputies of the faid fherifF.

IX. And be it further enaEted> That in all caufes wherein the fherifF of either of the When inttreft- ed procefs &c. faid counties, or his deputy, fhall be a party, or interefted therein, the writs, pre- — to be execute-i cepts and procefTes, fhall be directed to the coroner of the county, and the faid co- by the coroner. roner is hereby authorized to execute and return the fame ; and in cafe of the death In cafe ofdeath, of either of the faid fheriff's, his deputy or deputies fhall continue in office, unlefs their deputies how to a6L otherwife fpecially removed j and fhall execute the fame in the name of the deceafed until another fherifF be appointed and fworn, and the defaults and misfeafances in office of fuch deputy or deputies in the mean time, as well before as after, fhall be adjudged a breach of the condition of the bond given as before directed, by the fherifF who appointed them ; and the executor or adminiftrator of the deceafed fherifF fhall have the like remedy for the defaults and misfeafances in office of fuch deputy or deputies, during fuch intervals, as they would be entitled to if the fherifF had continued in life and in the exercife of his faid office until his fucceffor was appointed and fworn.

X. And for the eafe of the fheriffs, Be it enabled by the authority afore/aid, That the At the expiration of their of- fherifF for each county fhall, at the expiration of his office, turn over to the fucceed- fice to turn over ing fherifF, by indenture and fchedule, all fuch writs and procefTes as fhall remain in all writs, &c. ro their fucceflors; his hands unexecuted, who fhall duly execute and return the fame ; and in cafe any and deliver up of fherifF fhall refufe or neglect to turn over fuch procefs, in manner aforefaid, every the cuftody the gaols with fuch fherifF fo neglecting or refufing fhall be liable to make fuch fatisfaction, by the prifoners. damages and cofts, to the party aggrieved, as he, fhc or they fhall fuftain by fuch neglect or refufal ; and the faid fherifF fhall alfo deliver up to his fucceffor the cuftody of the gaol, and the bodies of fuch perfons who fhall be confined therein, and the caufe of their detention. Ddd XI OF THE ^ 94 DIGEST

A. D. 1789. XI. And be it further enabled, That no writ, return, procefs, judgment, or other No. 421- proceedings in civil caufes, fhall be abated, arretted^ quafhed or reverfed, for any Want of form, j e £e ^. or want f form, or any clerical miftake, or omiffion, not affecting the real clerical mi Hakes ' / ' ' o _ &c. not affed- merits of the cafe ; but the judge presiding fhall caufe the fame to be amended, on motion in court, without any additional cofts, and proceed to give judgment, accord- rits of Yhe"cafe" how to be re- lug to the right of the caufe and matter in law, 2s (hall appear unto fuch judge, without regarding any imperfections, defects, want of form, or clerical mi flake or omif-

Caufestobema- fion, in fuch writ, return, procefs, judgment, or caufe of proceeding whatfoever ; and naged by com.- \ t fhall jj cau fes n ^ne fad cour be managed by council,' or the party themfelves,» cil, or the par- ... 1 r ; ties. under fuch orders as the court fhall eftablifh.

~~be it by Execli'tion in what XII. And enacted the authority aforefald> That the clerks of the refpective~~

~~er l b£ ' f ° " fhall out, fign iYieIi? courts make and iflue executions, under their hands and feals, bearing teft in the name of one of the judges before whom the caufe was tried, and directed~~

to all and lingular the fheriffs, for all debt or damages and cofts recovered in the faid the'rttaw'w'pa™ courts, which may be levied on the eflate and property, or iffued againfl the perfon f call, in any county call in aiiy eonnty^ of the party of this State ; and the fame may be Continued until XtZv^i the amount thereof is fatisfied. be it enacted, , XIII. And 'further That the office of attorney general fhall be, and Attorney and _* 10 * folicitor general is hereby declared to be placed in commiffion, and the duties thereof fhall be per-

' r orme d by two perfons, to be ftyled the attorney and folicitor general, one to attend r^th!/ aftera and the other in the eaflern, and the other the weftern diftrict ; who fhall exercife the functions of C Cri ^ ' their office jointly or feverally, and fhall be fworn or affirmed to the faithful execu- tria

~~Their duty. tion of their office ; and it fhall be their duty, or one of them, to profecute all delinquents for crimes and offences cognizable under the authority of the faid court,~~

and all civil actions in which this State fhall be concerned ; and to give his or their advice and opinion, in writing if required, on queftions of law to the governor, or other officer, touching any matters that may concern their department.

~~it the authority Sheriffs gaolers, XIV. And be further enacted by afore/aid, That the fheriffs of the~~

~~havefik^iithori- feveral counties in this State, fhall have the like powers and authorities, and they and~~

fueMBwfe'te. as their Under fheriffs and gaolers, conflables and other officers- belonging to the court, et re n der ih* iiws ?n De fubject and liable to all actions, fuits, fines, forfeitures, penalties, and difabilities urcetn. us a-e. whatfcever, which they or either of them may incur, for or in refpect of the efcape of prifoners, or for, or in refpect of any other matter or thing whatfoever, relating to, or concerning their feveral or refpective offices, in the fame manner as they have

~~.No cierk, flierifFY.r hitherto been liable by the Jaws of force in this State; and no clerk of the courtj~~

~~a&as an'atwrney (heriff, under fheriff, fheriffs clerk, or other fheriff's officers, fhall act as an attorney in his own name, or in the name of any other perfon, or be allowed to plead or~~

~~practice in any of the courts of this State during the time he is in any fuch office.~~

rhe faki courts XV. And be it further enabled, That the faid fuperior courts fhall have power to V P e vT its o7 rcire' fa- ifTue writs offcirefacias, habeas corpus, mandamus, and all other writs which may be

~~alfa'au other" n"*- neceffary for the exercife of their iurifdiction, and agreeable to the principles and ceflary writs. r r.'\ uiages of law and1 equity. XVI. LAWS OF GEORGIA. 395~~

XVI. And be it further enabled, That in all cafes where mutual debts are plead as A. D. 1789. No off-fetts, and the jury mall find a balance due from the plaintiff to the defendant, - ***• they fhall find fuch balance for the defendant; and the faid defendant may, by himfelf th/j^ my find °r ' le e 0lt -*m* " or his attorney, enter up judgment and proceed to execution in the fame manner as plaintiffs recovering may proceed.

XVII. And be it further entitled, That the faid courts fhall have power in the trial Parties, how to e "Hnp^lf^o of all caufes, on motion and due notice thereof being given, to require the parties to » produce books or writings in their poffeffion or power, which contain evidence perti- ry books and pa- & *"* nent to the iffue, in cafes and under circumftances where they might be compelled to ^ caufes produce the fame by the ordinary rules of proceedings in equity ; and if a plaintiff fhall fail to comply with fuch order to produce books or writings, it fhall be lawful for the faid courts, on motion, to give the like judgment for the defendant as in cafes of non-fuit*, and if a defendant fhall fail to comply with fuch order to produce books or writings, it fhall be lawful for the faid courts, on motion as aforefaid, to give judgment againft him or her by default.

XVIII. And be it enacted, That where any fuit fhall be depending, and either of the Caufes not ta ce a parties fhall die before final judgment, the executor or adminiflrator of fuch deceafed °" ^ partv, who was plaintiff, petitioner or defendant, in cafe the caufe of action doth by death of a party- ™ e C furvive, fhall have full power to profecute or defend any fuch fuit or action law f ^- n fu r! until final judgment; and the defendant or defendants are hereby obliged to anfwer w«j how to accordingly. And the court before whom fuch caufe may be depending, thereunto fut h°C afes. is hereby empowered and directed to hear and determine the fame, and to render judgment for or againft the executor or adminiflrator, having been duly ferved with a fcire facias from the office of the clerk of the court where fuch fuit is depending twenty days before hand, and fhall neglect or refufe to become a party to the fuit, the court may render judgment againft the eftate of the deceafed party, in the fame manner as if the executor or adminiflrator had voluntarily made himfelf a party to the fuit. And the executor or adminiflrator, -who fhall become a party as aforefaid, - fhall upon motion to the court where the fuit is depending, be entitled to a continuance of the fame, until the next term of the faid court, and if there be two or more plaintiffs or defendants, and one or more of them fhall die if the caufe of action furvive to the furviving plaintiff or plaintiffs, or againft the furviving defendant or defendants, the writ or action fhall not be thereby abated ; but fuch death being fuggefted upon the record, the action fhall proceed at the fuit of the furviving plaintiff or plaintiffs, againft the furviving defendant or defendants.

~~[From this to the ^id fetlion, relates only to the form and manner of dratving and fummoning jurors.]~~

XXXII. And be it further enabled, That in cafes of unavoidable accidents, the faid The clerks may uncertain cafes courts or any of them fhall fail to be held at the times refpectively appointed for J adjourn the # holding the fame, the proceedings fhall not be difcontinued,...but that the clerk of the court. faid court fhall and may adjourn the faid courts from day to day, not exceeding four

~~days, until the faid court fhall meet; and in cafe the faid court fhall not meet and fit~~

~~' in that time, the faid clerk of the court, as aforefaid, fhall adjourn the fame to the next~~

~~court, to which time all caufcs then depending fhall be continued over. XXXIII. OF THE 395 DIGEST~~

(hall A. D. 1789. XXXIII. And be it further enabled, That the faid feveral courts be courts of No. 421. record, and all perfons neceffarily going to, attending or returning from the fame, The faid feveral civil action. courts (hall be fhali be free from arreft in any record. courts of XXXIV. And whereas it may happen that the attorney or foiicitor general for the State cannot attend at fome of the (aid courts, to prepare and profecute indictments in cafe the attorney or foiicitor Intheabfenceof for criminal offences : Be it therefore enabled, That the attorney or general, or one of them, fhall not attend any of the faid courts, then any barrifter foiicitor gene- profecute indictments or ral, the court or attorney at law, or other fit perfon, may prepare and may appuint a civil actions, in which the State is a party, by leave and appointment of the judge or fit petfon to ad for the State. judges of the faid court, and be allowed the fame fees for. his trouble therein as the attorney or foiicitor general would be entitled to. And whereas divers fuits have been inftituted under the late conftitution, Suits now de- XXXV. pending to he and are now depending and undetermined, Be it therefore enabled, That all fuch fuits heard and deter- and determined, or other order taken thereon, as if the fame were mined as if in- (hall be heard ftituted under inftituted in the fuperior courts eftablifhed under this act; and no demurrer or excep- this ad. tion fhall be fuftained on any queftion on the legality of fuch fuits, returnable to any court, term, or time previous to the palling of this act, and without additional cofts; and appeals now pending fhall be tried as appeals to be entered under this are directed to be tried. And in cafe of error and other good and fufficierit In cafesof error, act &c. the judges caufe fhewn to the judges of the fuperior court, or any of them, he or they may may flay pro- cafe depending, or that may hereafter be depend- ceedings. caufe the proceedings in any now ing, to be flayed; and the judges, or any one of them, fhall in fuch cafe at or before the next term caufe to be done, as to juftice (hall appertain. XXXVI. And whereas the conftitution of this State authorizes the eftnblifhment inferior jurifdi&ion, Be it further enabled, That in every county within Inferior county of courts of an courts efrablifa- this State a court fhall be held once in every three months, by the juftices appointed ed, and to he to prefide in and hold the fame at the feveral held quarterly in the manner therein after mentioned, fey the firft five places affigned by law; and on the feveral days herein after limited for each county juftices in each fhall be called the infe- county, or any refpectively, and at no other time or place : Which courts three of them. five juftices men- rior county courts, and fhall be held and adminiftered by the firft tioned in the cornmiffion of the peace, or any three of them, who fhall have full power and jurifdi&ion to hold the faid county courts, and to hear and determine ail by caufes and other matters, and controverfies, properly appertaining and referred law to their jurifdiction. inferior county courts fhal'.be When to com- XXXVII. And be it further enabled, That the faid mence, and how firft held once in every three* months throughout the year; and fhall commence the long held in the and refpedive coun- Monday in February in Camden and Wafhington, the fecond Monday in Glynn tip- Greene, the third Monday in Liberty and Franklin, the Monday after in Chatham and Wilkes, the Monday two weeks thereafter in Effingham and Richmond, and the Monday week thereafter in Burke county. Provided neverthelefs, If the bufinefs from of the faid court cannot be determined on the court day, the juftices may fit are day to day, until all caufes, not poftponed by confent, or for fufficient reafon, tried

Held half yearly—See act of 1 791, No, 456, feci;. 20. LAWS OF GEORGIA, 397 tried and determined, Sundays excepted. And all caufes and controverfies then laid A. D. 1789.. No. 421. before them, which cannot be heard and determined within that time, {hall be ad- journed over until the next inferior county court. To have jurifriic- XXXVIII. Be it further enaEied by the authority afore/aid. That the faid juftices, or tiiui of all caufes at common law. any three of them (hall have full power and jurifdiction to hear and determine caufes Provifo. at common law, within their refpeclive counties : Provided a/ways, That where the Caufes above 50I. damages in the writ is laid, or fworn to be, or exceed fifty pounds fterling, then the may be removed to the fuperior court, faid caufe may by the defendant be removed to the fuperior court, to be there tried and appeals may be entered on in the firft inftance by a common jury, and by a fpecial jury afterwards if either paity judgments above five pounds. fees fit. And where any caufe tried and determined in the inferior court, fhall be Provifo. No caufe touching above five pounds, then an appeal fhall be admitted into the fuperior court, there to be the title of lands fhall be cognizable tried, heard and concluded. And provided alfo, That no caufe touching the right or in the inferior courts. title of lands or tenements, fhall be cognizable in the inferior courts. * XXXIX. And be it further enafted, That it fhall be lawful for any juftice aforefaid, Attachments how to be iffued upon complaint made to him upon oath by any perfon that his debtor is removing out and conducted.. of the State privately, or abfconds and conceals himfelf fo that the ordinal y procefs of law cannot be ferved upon him, to grant an attachment againft the eftate of fuch debtor, or fo much thereof as fhall be of value fufficient to fatisfy the debt and coils of fuch plaintiff, which attachment fhall be returnable to the next inferior court of the county where the fame was iffued, and fhall be directed to and ferved by the iheriff of the county, or his deputy ; and it fhall be lawful for fuch fheriff or deputy to ferve and levy the fame upon the eftate both real and perfonal of the party abfeonding, wherefoever the fame may be found, or in the hands of any perfon or perfons indebted to,, or having any effects of the perfon abfeonding, and to fummon fuch perfon or perfons to appear at the next court to be held for the faid county, there to anfwer upon oath what he or fhe is indebted to fitch party, and what effecf s of fuch party he or fhe hath in his or her hands, or had at the time of ferving fuch attachment, which being returned executed, the court may thereupon compel by order,. fuch perfon or perfons to appear and anfwer as aforefaid : Provided always, That, every juftice of the peace, before granting fuch attachment, fhall take bond and fecurity of the party for whom the faid attachment fhall be iiTued, in double the fv.m to be attached, payable to the defendant, for fatisfying and paying all cofts that fhall be awarded to the defendant, in cafe the plaintiff fuing out the attachment therein mentioned fhall difcontinue, or be caff in his fuit ; and alfo all damages which fhall be recovered againft the faid plaintiff, for his fuing out fuch attachment, which bond the juftices fhall return to the court to which the attachment is returnable, on or before the return day, and the party entitled to fuch cofts and damages, may bring fuit thereon and recover, and every attachment, iffued without fuch bend taken, or where no bond fhall be returned as aforefaid, is hereby declared to be illegal, and fhall be difmiffed with cofts : Provided always, That every attachment which may be iflued as aforefaid, fhallbe attefUd and publicly advertifed at the court houfe of the faid county, at leaft thirty days before the fetting of the next, court ; and if any attachment

* Repealed by act of 1792, No. 475, 8 3 9 DIGEST OF THE

~~A. D. 1789, attachment (hall be fued out within thirty days of the next court, the faid attachment No. 421. ' fhall be made returnable to the next court to be held after the expiration of the faid~~

~~thirty days, and not otherwife ; and all attachments iffued and returned in any other~~

~~manner, than that herein before directed, fhall bte* and th<^f;ame are hereby declared~~

~~null and void. And all goods, lands and effects, fubject to fiich attachments, fhall~~

~~be repleviable by 1; appearance, and putting in fpecial bail, or by the defendant's giving bond, with good fecurity, to the fheriff, or other officer ferving the fame, which~~

bond the fheriff or other officer is hereby empowerd and required to take, compelling the defendant to appear at the court to which fuch attachment fhall be recoverable, and to abide by and perfbrm the order and judgment of fuch court.

~~. , , rr * XL. And be it further enabled. That upon the defendant or defendants replevying replevied—the any attached effects, by giving bond and fecurity to the fheriff, or other officer as~~

* aforefaid, the fheriff fhall return the name or names of the fecurity him fo taken, therein by and if fuch fecurity, upon motion, fhall be judged infufHcient by the court, and if the defendant fhall fail to appear, and give fpecial bail if thereunto ruled by the court, fuch fheriff or fecurity fhall be fubjecl to the fame judgment and recovery, and have the fame liberty of defence and relief, as if fuch defendant was legally prefent in court.

Any juftice of And upon complaint made to a juftice of the peace, that any perfon indebted to the the peace may corri pi a j nanr i n a fum not exceeding five pounds, where a (ingle juftice by this act r ' © r > J 3 liiue anil try at- _ _ tachments not has jurifdiction, is about to remove, or is removing out of the county privately, or extte ing £j. £Q a jD fcon(] s or conceals himfelf fo that a warrant of fummons cannot be ferved upon

him, it fhall be lawful for fuch juftice, taking bond and fecurity in the manner herein before directed in other cafes, to grant an attachment againft the eftate of fuch debtors, or fo much thereof as fhall be of value fuificient to fatisfy the debt and coft of the plain-

tiff, directed to fome conftable of his county, and returnable before himfelf or fome other juftice of the peace thereof, who fhall and may proceed and determine thereupon as to juitice fhall appertain.

be it enacted by the authority if attachment Goods or effects XLI. And further aforefaid. That any re- attached not returnable to the county court, or before a juftice of the peace, fhall be returned executed, and the goods or effects attached fhall not be replevied as aforefaid, the fubfequent proceedings thereupon fhall be the fame as an original procefs againft the body

of the defendant where there is default of appearance ; and all goods and effects attached, and not replevied as aforefaid, fhall, by order of the faid court, be fold and difpofed of for and towards fatisfaction of the plaintiff's judgment, in the fame manner

Attachments as if the fame had been taken under execution ; and where any attachment fhall be ferved in the returned ferved in the hands of any third perfon, it fhall be lawful upon his or her J *" rV * . hands of third . _ peribns, how to appearance and examination, in the manner by this act before directed, to enter up

111 be proceeded ^ judgment as againft the original debtor, and award execution againft every fuch third perfon for fuch monies as may be due from him to the abfeonding debtor, fuch effects as may be in the hands or keeping of the faid third perfon belonging to fuch debtor, or fo much thereof as will be of value fufficient to fatisfy the judgments and cofts of the plaintiff's attachment.

Writs and other XLII. And be it further enabled by the authority aforefaid, That all original prccefs a by writ, petition and fummons, or any other kind whatfoever, and all fubfequent ?™cow«Phow' to i,e ed - m .procefs LAWS OF GEORGIA. 399 procefs thereupon, to bring any perfon or perfons to anfwer in any action commenc- A. D. 1789. ing or to be commenced in any county court, and all attachments awarded by the No, ^ai. laid courts at the common law, {hall be iffued and bear tefl by the clerk of every county court refpectiveiy, and be dated on the day whereon the fame fhall be iflued, returnable to the next fucceeding county court, and (hall be executed twenty days at leaft before the fitting of the court, which fhall be called the return day thereof; and if any procefs fhall be delivered to the fheriff or other officer fevving the fame, fo late that he cannot execute fuch procefs twenty days exclufive of the fitting of the court, fuch procefs fhall notwithfta^ding be executed and returned on the return day of the next fucceeding court; and all procefs iffued or returned in any other manner than that herein before directed, fhall be, and the fame are hereby declared to be null and void.

~~it XLIII. And be further enaBcd by the authority afore/aid) That all manner of civil The comnor t0~~

f£ ve t !ie an procefs iffued by the clerks of the county courts a& aforefaid, wherein the fheriff, ?5, f , / when the ihcrifF who ought to execute the fame, fhall be any way interefted, fhall be directed to is any way in-

terefted - and ferved by the coroner of each county refpectiveiy. And when any procefs fhall be executed wherein common bail fliall be requirable, the fheriff fhall return the name or names of the bail by him taken, and if he fhall not return bail, or if the Common and bail returned fliall be adjudged infuffieient by the court, or if the defendant fhall fail fpe«al bail in what manner to r 1 1 m 1 iii 11 r- 1 a ,

XLIV. And be it further enacted, That where any writ fliall iffue from anv inferior «-. J j 'inc. proceed-. court within this State, and the defendant fhall give bail for his or her appearance, ings therein, and fhall make default and not enter fpecial bail as aforefaid, the fuit fliall be profecuted to judgment and execution againft fuch defendant, before any proceedings fhall be had againft the common bail ; and if the fheriff fhall return upon the execution that the defendant is not to be found, or hath no effects whereon to levy the debt and coft, then the plaintiff may fue forth a. fare facias againft fuch bail, to (hew caufe why the execution for the judgment and cofts fhould not iffue againft him or. them; and on fuch fcire facias being returned executed judgment fliall be entered up againft fuch bail, and execution go forth as againft the original defendant ; and if the fheriff fhall return in the faid writ of fcire facias, that the defendant or defendants are not to be found in his county, or that he refides in fome other county, then the plaintiff fhall have judgment and execution againft the eftate and effects of fuch bail as 4oo DIGEST OF THE

Provided neverthelefs, A. D. 1789. as if he had T>een perfonally ferved with fuch writ : That no- No. 410. thing herein contained (hall be conftrued to deprive the common bail in fuch a£tion from appearing and entering himfelf fpecial bail, at any time before judgment in fuch action (hall be figned. XLV. And for the regular determination of fuits, entering up judgments, and gukdonTtc/be prefervation of the records, Be it further enabled, That the following rules and regu- obferved in con- plaintiff in any fuit fhall file his declara- i at i ons fh au be obferved, to v\dt: That the which fhall plainly and fub- tive fafd courts, tion before or at the firft calling of the caufe in court, plaintifF fails to file his declara- ftantially fet forth the caufe of action ; that if the tion, or to appear and profecute his fuit, upon motion of the defendant, he fliall be the defendant fliall recover five fhillings fter- non-fuited j that upon every non-fuit, the return of the procefs againft ling, and cofts of fuit : That every defendant, upon him, fhall appear by himfelf or his attorney, and fhall put in his plea in writing which may contain as many feveral matters as he may think neceffary for his defence^ but no demurrer fhall be received, unlefs in the opinion of the court the declaration action, or that the •fhall not plainly and fubftantially fet forth the caufe of matter fhall to to thereof is not actionable •, and where the pleas pleaded appear the court be evafive or defective, infomuch that legal juftice cannot be done, upon the motion of the plaintifF or his attorney the defendant fliall be ruled to plead a good and fufficient plea, and upon failure, judgment fhall be awarded as in the cafe of nihil dicit. That any defendant pleading in abatement, (except upon matter appearing upon record) thereof, before the fhall be fliall be obliged to make affidavit of the truth fame admitted. That upon the laft day of the court wherein the declaration fhall be filed, the defendant by himfelf, or by his attorney, fhall put in his plea, which fhall be founded on the merits of the caufe, and all frivolous and dilatory pleas fhall be fup- prefTed by the court upon motion at the time fuch plea fliall be tendered, and the defendant ruled to plead fubftantially, inflanter, and the plaintifF or his attorney fhall on the fame day join iffue on the faid plea, which iffue fhall be tried at the next fucceeding court by a jury, in like manner as iffues are tried in the fuperior court, on which verdict fhall be given and judgment entered up immediately, unlefs where either of the parties fhall make oath in open court, that he, flie or they, have done every thing in their power to enforce the attendance of witneffes effentially neceffary juftice cannot be in which cafe the in fuch trial, and without whofe attendance done ; court may at their difcretion, continue the caufe over and refer the iffue for trial to the next court. Provided, That in all cafes where the atl of God or the non-attendance of witneffes fhall, (upon the motion of either of the parties alledghig and making the fame appear to the court at the firft calling of the caufe, after the fame fliall neceffary, be at iffue as aforefaid) render a continuance to the next court fuch continuance fhall be at the coftsof the party praying the fame, as alfo all extraordinary colts which fuch continuance may occafion to the adverfe party. That the clerk of the inferior court do carefully preferve the declarations, pleas, evidences, and all other neceffary papers relating to any caufe in court, and that they be all filed together in his office. XLVI. LAWS OF GEORGIA. 401

~~XLVI. That for preventing errors in entering the orders and judgments of the A. D. 1789.~~

is, 421 ' courts, the juftices, before any adjournment from day to day, fhallcaufe the minutes °" , proceedings to be publicly read the clerk, and corrected of their by where neceffary, b;e etrtJliclyread and then the fame (hall be fubfcribed by the juftices then prefent, which minutes fo hefore adjoum-

taken in a book, to be kept for that purpofe, and fubfcribed as aforefaid, fhall be care- today and figned by the courts fully preferved among the records, and no proceedings or judgments of any court

fhall be of force or valid until the fame be fo read and figned. XLVII. And for the more fpeedy recovery offmall debts, Be it enaBed, That the For the recove- feveral counties, or any one (hall juftices of the or more of them, have authority and [heVfticesVlve jurifdiiStion to hear and determine all fuits, for any debt or liquidated demand due by jurifdidtion not

~~judgment, fpecialty, or account, for any fum or fums of money not exceeding five how^o'm-Gc^ed pounds fterling, by petition in a fummary without the folemnity of a jury. And therein.~~

~~the faid juftice or juftices is,, and are hereby authorized to give judgment, and ten days after giving fuch judgment, award execution thereon, and not before; Provided~~

fecurity be given for debt and cofts ; And provided always. That if any perfon or perfons, thinking him, her, or them felves aggrieved by the judgment of fuch juftice or juftices, it fhall be lawful for every fuch perfon or perfons to appeal to the next in- Appeals to the county courts to ferior court, fo as that fuch appeal be made and entered within four days,- and fecu-

~~rity given to profecute the fame to effect : And the faid juftice or juftices> fhall tranfmit the proceedings had before him or them, to the next county court as afore~~~

faid, for final hearing and determination by jury. XLVIII. And be it further enaEted by the authority aforefaid, That no procefs de- Caufes, &c de- in any county court, fhall be difcontinued for or by reafon of the juftices pending j^nor courts^ n°t to he affecl- failing to hold the court upon the days appointed by law ; but in fuch cafe, all fuits, and things depending, fhall be over to the next procefs, matters continued fucceeding pL to" told inferior court in the fame manner as if fuch fucceeding court had been the fame court tlie fa:ne - to which fuch procefs ftood continued, or fuch returns or appearances fhould have been

made ; and all bonds and obligations- for appearances, and all returns fhall be of the fame force and validity for the appearance of any perfon or perfons at the next fucceeding court, and all fummonfes for witneffes as effectual as if the fucceeding courr had been exprefsly mentioned therein; and all caufes depending on the docket, and undetermined at any adjournment to the next court, fhall ft and continued in the fame order to fuch court, as fully as if fuch caufes were called over, and continued by order of court.

XLIX. And for the better difcovering the truth in controverfies depending in thein- Subpoenas in' te it what manner ferior county courts: Be further ena£iedy That the clerk of every inferior county court

fhall, upon the requeft of either party, iffue one or more fubpeena or fubpeenas for any perfon or perfons to attend as witneffes in any cafe depending in the county court; exprefling in every fubpeena the time and place when the witneffes are to appear, the names of the parties to the fuit or caufe wherein they are to give evidence, and at

whofe requeft they are fummoned ; and if any witnefs fhall be an inhabitant of another county, the clerk fhall iflue a fubpeena directed to the fheriff of fuch county- where fuch witneffes ufually refide, which fhall be by fuch officer -executed and returned to

~~if the office whence the fame iffued. . And any perfon or perfons fummoned as afore- E e e faid 402 DIGEST OF THE~~

A. D. 1789. faid (hall fail to attend accordingly, or being prefent fliall refufe to give evidence, No. 4Zt. he or (lie fo failing fhall be fined by the court for a contempt, and (hall be liable to Witneffes fail- all fuftained for ing to attend the action of fuch party, at common law, for damages want of fuch may lie fined for witnefs's teftimony. But if the perfon fo failing to attend (hall, at the court to contempt, and liable to action which the fummons is returnable, or at the next fucceeding court, fhew caufe fatif- party in- of the factory to the court of his or her difability to attend at the time he or fhe ought to jured. have appeared, then no fine or forfeiture (hall be incurred by fuch failure, except to party aggrieved. That every witnefs, during the time of his or her Shall be free the coming to from arreft ex- and returning from court, as well as during his or her attendance, allowing twenty cept for crimi- fliall nal offences. five miles per day for the travelling of fuch witneffes, be priviledged and free from all arrefls or imprifonment, except for criminal offences; and all civil procefs whatfoever, ferved or executed on fuch witnefs, coming to attending or returning

Refilling togive from fuch court fhall be void and of none effect. That if any perfon whatfoever cviJencehow to fummoned as witnefs, upon his or her appearance before the court or before commif- be treated. fioners appointed to take his or her examination and depofition, fhall refufe to give evidence, on oath or affirmation, to the bell of his or her knowledge, every perfon fo refufing fhall be committed to the common gaol, there to remain without bail or mainprize, until he or fhe fliall give fuch evidence. That in any bill of cofts there

~~fliall not be allowed the charge of more than three witneffes to the proof of any one particular matter or fact. L. And to the intent that erroneous proceedings and judgments of the faid county~~

Appeals to be courts of this State may be corrected and amended : Be it further e?iaEied by the autho- allowed to the rity aforefaid, That where any perfons or bodies politic or corporate, fhall at any time iiipcrior court. be aggrieved by the judgment or fentence of any, county court of this State, in any action or fuit whatfoever, where the judgment fhall exceed the fum of five pounds

~~lawful money, it fhall be lawful for fuch party or parties to enter an appeal from~~

fuch judgment or fentence to the fuperior court of the faid county ; and if, upon the hearing in the fuperior court, fuch judgment or fentence fhall appear to be juft, according to the right of the cafe, the fame fliall be- affirmed notwithstanding any mis- pleading in matter of form. That where the defendant appeals from the judgment or fentence of the county court, he fhall previous to obtaining fuch appeal, pay into open court all legal cofts which fhall and may have accrued in the county court on fuch judgment, and fhall alfo give bond, with good fecurity, to be approved of by the court, for profecuting the appeal with effecl:, and to pay all legal cofts a^^damages awarded to the appellee, if the judgment of the county court fhall be affirmed. And where the plaintiff fhall appeal, then the fpecial bail given by the defendant in the county court, fhall ftand bound to anfwer the judgment of the fuperior court, or render-

~~in execution the body of his principal; and fuch appellant fliall alfo give bond with fuf-~~

~~ficient fecurity to profecute the appeal with effecl:; which bond fliall be made payable~~

to the appellee, conditioned as aforefaid ; and upon failing to appear and profecute fuch appeal according to the condition, fuch bond fhall be forfeited and enure to the appellee. And if upon trial of any appeal the judgment or fentence of any county court ; '

~~LAWS OF GEORGIA. 4 o 3~~

~~court fhall be reverfed, the fuperior court fhall enter fuch judgment thereupon, A. D. 17S9.~~

~~as fhould have been entered or made in the court below. No - 421.~~

it enacted by the authority LI. And be further afore/aid, That the clerks of the feve- The clerks to keep ral county courts fhall provide, and keep at their own expence, all neceflarv record He« ffar r record books at i 1 e i_ j- r,i , a „ ,, r • J * books for the proceedings ot the county courts, and fhall make fair a record of fuch their —own cx- proceedinss, together with all fuch other papers appointed P

it entitled, LII. And be further That in all fales of lands and tenements to be fold Lands and other vropeny under execution from the fuperior or inferior county courts, not lefs than twenty- under five days notice fhall be given ; and in all cafes of fales of perfonal property, fifteen to be fold. days notice fhall be given by the fheriff or his deputy in the public papers,, or three or more of the moft public places in his county ; and all fales fhall be at the court houfes or places appointed for holding courts in the faid counties, between the hours of ten and one o'clock on each day. Provided always, That it fhall be at the option Provifo. fendant or defendants to point De ma y of the defendant out to the fheriff, and he is hereby obliged . point out the 1 riiriiri, ,- to levy on the property fuch defendant choofes to be levied on, if the fame be fuffi- property which

allb « firflfo]d » cient. Provided always, That nothing herein contained fhall prevent the fheriff or * his deputy, from levying on any property of the defendant ; but he fhall in all. cafes firft fell that which the defendant may point out.

~~LIII. And be it further enaited by the authority aforefaid, That where any judgment Executions may~~

1 fhall be obtained in any county court for any debt or damages, and the perfon againft ^nd Served b° whom fuch judgment fhall be obtained, fhall remove with his or her effects out of thefheriffofany < cu 'Jnty# the county, it fhall be lawful for the clerk of the court where fuch judgment was given, at the requeft of the perfon or perfons obtaining fuch judgment, to iffue execution, directed to the fheriff of any county within the State wherein the defendant or debtor, or his lands, tenements or goods and chattels fhall be found, which faid fheriff, or his lawful officer, is hereby empowered to ferve and execute the fame, and- fhall make return thereof to the court where the judgment was given, in the fame manner as the executions ferved and returnable in the county are directed. for the relief the LIV. And of citizens of this State againft caufelefs and vexa- in anions of af-

**u1'' ba"«7*«r tious fuits, and for the better enabling them to recover their jufl rights, Be it further enabled by the authority afore/aid, That in all actions of affault, battery, or flander, jury find under

the la ' n " commenced and profecuted in the county court, if the jury find under two pounds ^i' P ' trrt to pay colts. 1 1 •ft a 11 lawful money, the plaintiff fhall not recover but pay cofts. And in all actions of Cofts in adiions trefpafs, by force and arms, unJefs the court be of opinion, and fhall order fuch °ftrefpafs, &f > opinion to be entered on record, that fuch trefpafs was wilfully committed, if the- jury find under forty fhillings, the plaintiff fhall not recover more cofts than damages; and where feveral perfons fhall be made defendants in any action of trefpafs by force and arms, affault and battery, flander or falfe imprisonment, and upon trial thereof, one or more fhall be acquitted by verdict, every defendant fo acquitted fhall have and recover his or their cofts of fuit, in like manner as if a verdift had been given DIGEST OF THE 4°4

favor of all the defendants, unlefsthe A. D. 1789. againft the plaintiff or plaintiffs generally in of opinion there was reafonable caufe No. 421. court at the time of trying fuch action (hall be defendants thereto, and fhall fo order; for making fuch perfon or perfons defendant or for the defendant, he (hall recover his and in all cafes where judgment (hall be given for the fame. cofts againft the plaintiff, and have execution the authority aforefaid> That all aaions brought • • be it further enacled by «. the LV. And after an interlocutory judgment, and count/" "«» s inthe^county courts where the plaintiff fhall die fame might judgment obtained therein, fuch aaion fhall not abate if the on ''acTounttf before final a executor or admimftrator of fuch plain* the death of be originally profecuted or maintained by the final judgment, defendant fhall die after fuch interlocutory, and before SSS&ftch tiff : And if the originally maintainable againft the exe- cafes. fuch aaion fhall not abate, if the fame were the plaintiff (or if he be dead after cutors or adminiftrators of fuch defendant, but and may have a fuch interlocutory judgment) his executors or adminiftrators fhall after fuch interlocutory judgment, (or if fcire facias againft the defendant, if living, tofhew caufe why damages in he died after, againft his executors or admininiftrators) the plaintiff or plaintiffs and if fuch a&ion fhould not be affeffed and recovered by ; appear at the return of fuch fuch defendant or his executors or adminiftrators fhall arreft the final judgment, or being writ, and not fhew or alledge a fumcient caufe to returned that the defendant or returned executed, or upon two writs vifcire facias be to be fummoned, or could not be his executors or adminiftrators had nothing whereby writ of enquiry of damages tell be found in the county or fhall make a default, a final fhall be given for the faid thereupon awarded, which .being executed, judgment if there be two or more plaintiffs or plaintiff, his executors or adminiftrators, and caufe of aaion fhould iurvive defendants, and one or more of them fhould die, if the the furviving defendant or defendants, to the furviving plaintiff or plaintiffs, or againft of the county courts in this State, the aaion fhall proceed, and in all aaions in any judgment, there fhall be no abatement of if either party fhall die between verdia and parties were living. fuch aaion, but the.fame fliall proceed as if both when any procefs fhall be fued forth and pro- - dnd be it further enacled, That rit for TVI. of the peace, by virtue of any cXtobeg'iven fluted in any county court, or before any juftice of fubftitution from any perfon or perfons ro- SnsTewlgoTt letter or warrant of attorney, or letter or perfons rending withm this State, the of the State. fldmg out f this State, againft any perfon at the firft calling thereof perfon fuing forth fuch procefs, or profecuting fuch fuit,' fhall, upon motion, be ruled to give in court or any time thereafter when required, cofts accruing in any fuch aaion or other fufficient fecurity to the defendant, for all the court, and if fuch perfon or his attor- fuit before the clerk or one of the juftices of thereunto required, the fuit fhall be difmiffed, ney fhall fail to give fuch fecurity, being attorney for cofts. and the defendant frill have judgment againft the authority aforefaid, That all judgments, bonds, Anions of debt LVII. And be it further enacled by the other writings, with or without feal, where the debt or 23^228 bills, promiffary notes or of the debtor, fuch writing fhall con- "demands figned demand is liquidated, and figned with the hand

b he debtor. . ; yi . county all fuits t o be commenced thereon in the ft tute fpecialty for fuch debt and to the contrary notwith- courts, may be by aaion of debt, any law, ufage or cuftom, ftanding. LAWS OF GEORGIA. 405

LVIII. And be it enabled^ That the drawing, fummoning, and Impannelling jurors, A.D. 1789. No. 421. and the fines, forfeitures and penalties be the fame as herein before pointed out for Juries to be the government of the fuperior courts. And all writs which may be iffued in the drawn, &c. in manner, county courts fhall be after fuch form and rule as praclifed in the fuperior courts of like and the fines and this State. penalties to be the fame as in LIX. And whereas it is neceffary to veft the faid county courts with a jurifdiclion the fuperior over taverns : Be it further enacted by the authority afore/aid, That the juftices of the court. faid county courts refpeclively, on the firft court which fhall be held in each fucceed- Tavern licenfes to be granted Lrig year, (hall hear in open court all applications for licenfes to keep taverns or public annually by the houfes within their refpeclive counties, or fhall reject fuch applications or grant fuch inferior courts. licenfes for one year, as to them fliall feem meet, on paying the fum or funis pointed out by law, to and for the ufes therein mentioned : And every perfon who mall obtain a licenfe to keep tavern, fhall give bond, with two fufficient fecurities, in the fum of fifty pounds fterhng, payable to the juftices of the court where fuch licenfes fhall be obtained, for the ufe of the county, that fuch perfons fhall keep good and wholefome meat and drink, and lodging for travellers, and the ufual provender forhorfes. And Perfonskeeping taverns without if any perfon thail prefume to keep a tavern, without having obtained fuch licenfes, licence to befin- ed not exceed- fuch perfon fhall forfeit and pay a fum not exceeding fifty pounds ilerling, to be reco- ing £s°- vered by information upon motion in any court of record having jurifdiclion thereof, one moiety to the ufe of the county, and the other to the perfon who fliall inform and profecute the fame. LX. And be it further enacted by the authority aforefaid, That the feveral juftices at Tavern rates. the courts wherein fuch licenfes fhall be granted, fliall caufe a fair rate of meat, drink and lodging, and provender for horfes to be made and afcertained, allowing tavern keepers a j ait and reafonable profit, attefted copies thereof fhall be made out by the clerk of the court, and each licenfed tavern keeper fhall have one, and fliall affix the fame in the moft confpicuous part of his moft public room, convenient for the infpe£tion of all perfons calling at fuch tavern, and fliall charge no more than is allowed in fuch rates. And if any tavern keeper fhall charge or demand more than in Perfons exceeding them to for- the faid rates, he, fhe or they is, or are allowed and authorized to charge, he, fhe or feit three times they, fliall forfeit and pay three times the amount of fuch charge, to be recovered by the amount. warrant or information, before any juftice of the peace, or court having juriftHction thereof, one half to the perfon who fliall inform, and fue for the fame, and the other for the ufe of the county where the fame fliall be recovered.

LXI. And be it enacted, That in all caufes heard before the judges, juftices or The bed evidence to be re- juftice of the peace, having cognizance of caufes, fhall in all fuch cafes receive the quired in all belt evidence the nature ef the cafe will admit. cafes.

LXII. And be it enacted. That the juftices of the faid inferior courts fliall have Juftices of the inferior courts, to enquire into the circumftances of the poor, bind out orphans, and appoint power their pewersre- guardians where neceffary, in the manner pointed out by law, and other children that fpecting the poor and or- have not a comfortable fubfiftence or abilities to procure common education, to feme phans, &c. mechanic trade or lawful occupation, and appoint overfeers of the poor. And the

~~faid juftices and overfeers of the poor fliall have power to levy annually, a tax, rate V and 4o6 DIGEST OF THE~~

A. D. 1789. and a fiefs all taxable property belonging to refidents in their refpe&ive counties not 4ai# °' exceeding one fifteenth part of the general tax of fuch county annually, which (hall be collected in fuch manner as the juftices fhall direct. And in cafe any perfon or perfons fhall refufe or neglect to pay fuch tax, it fhall and may be lawful for fuch collectors to diftrain for the fame in like manner as is directed in collecting the general tax, and fhall have the like commilfion therefor. And the money arifing from the faid tax fhall be paid into the hands of the faid overfeers of the poor, for the relief of the poor.

And in cafes of LXIII. And be it further enaEled, That the faid juftices fhall have and exercife all baitardy. 0wers an(j authority ^ p heretofore had and exercifed by the juftices in and out of fefiion, in cafes of baftardy.*

be it Toappointcon- LXIV. And enabled, That the juftices of the inferior courts fhall yearly and itabiesannually. every year on the firfl court after the fir ft day of January next, appoint conftables in like manner, under fuch rules, and fubject to fuch penalties as is pointed out by law.

LXV. And be it enaSIed, That no fhall Attornies how perfon be allowed to practice or plead in. be d an ^ °^ ^ û P erior or inferior courts, until examined in open court, and admitted by rca be M end"' id and tried for one or more of the judges of the fuperior court: Provided, That the perfons heretofore admitted flla11 not be deprived by this act from pra£Hfing in either SeirôfeffioS court ; but the juftices may fufpend, and the judges or either of them may try an attorney for malpradtice in his profeflion. And all fines, forfeitures and penalties impofed by this or any other act, fhall be recovered in the molt ufual or fummary way. Acts repeated: LXVI. And be it enaBed, That the act, entitled " An act for opening and regu- a,ft S a"d re©i"ating lating the fuperior courts in the feveral counties of this State, and for the more con- 1"' *%. pafleTift" venient adminiftration of juftice in the fame, agreeable to the conftitution thereof" palled the firfl day of March, one thoufand feven hundred and feventy-eight ; the " An aa to repeal act, entitled An act to repeal fome parts of the fuperior court act, and for other fuperior conn act, purpofes therein mentioned," palled the thirteenth dav of February, ' one thoufand paded 13th ~ Febru- >«',', 1 • • 1 1 i r i rt 1 ary,i78(i. {even hundred and eighty-fix; the act, entitled " An act for the more fpeedv reco- An ait for the ...... _ . . r J more ipeedy recovery of fmall debts and damages," paffed on the twenty-fourth day of April, one very of I'mall debts, , , • '. r > , r iiiir 1 r> etc. pallid 24th thouiand (even hundred and iixty; the act, entitled " An act to explain and amend An aa to expia-n an act, entitled An act for the more eafy and fpeedy recovery of fmall debts and ;nd amend the laid 1 „ act, palledpaiied :, 4 ti» damages," paffed the fourth day of March, one thoufand feven hundred and fixtv March,h, 17621762. „ „ / two ; the act, entitled " An act for opening the courts of juftice under certain AnaafbiopeninJuf7Hi. An act for afcer- neceffary for the admifiion of attornies, folicitors and proctors, in this State," paffed Nations Mecelrary the twentieth day of January, one thoufand feven hundred and eighty-four; and the act, of atrorriies, '-etc" entitled " An act to amend an act for afcertaining the qualifications necefiarv for Ja " 1 " 17*178*.' tne admifiion of attornies, folicitors and proctors, in this State," paffed the thirteenth day OI" February, feven th" fafd actîitd one thoufand hundred and eighty-fix ; except fo much of the j3th.Feb.17u>. ] a fl. recite act as relates to the perfons therein named, be, and the fame are hereby repealed. p LXVII * See-aft of 1793, No. 488, on this fubjed. LAWS OF GEORGIA, 407

A ' T LXVII. And be it enabled, That the clerks of the fuperior courts may be clerks of N^ J^' the inferior courts. cierksofthefupe. nor may be clen..s LXVIII. And whereas there are now depending in the courts of confcience, caufes rftiifttwcoirtts, Caufes andetei-- on which no determination have been had: Be it therefore enacted. That where fuch mined in t,ie crurt " J of conicience how caufes are cognizable, the fame to be transferred to the inferior court, and thofe t°betr«d-. not, to the determination ofajuftice as is heretofore pointed out in the faid act, without obliging or compelling the party to commence new proceedings thereon.

LXIX. And be it further enabled', That the places for holding the fuperior and The inhabitants in inferior courts for the counties of Glynn and Camden, fhall be left to the inhabitants den"to 'prfnPo^ b faid to point , of the counties out. Provided, The fame be done on or before the fir ft w| MTOt$ withii)L

~~the fame ' day of March next, any law to the contrary notwithstanding.~~

be it enacted. this in LXX. And That act fhall be and continue force until the firft Continuation of Monday in November, one thoufand feven hundred and ninety, and from thence to this adt. the end of the next feffion of aflembly and no longer. SEABORN JONES, Speaker of the Houfe of Reprefentatives, NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor. December 23, 1789.

~~Afupplement to the federal land laivs of this State. No. 422.~~

I. X) E it enacted by the fenate and houfe of reprefcntatives of the State of Georgia in The governor em P°w crdtodi ' jL5 general affembly met, That the governor be, and he is hereby empowered to dire£t the form* and manner of pairing grants for lands through the fecretary of and manner of State's office, any law, cuftom or ufage to the contrary notwithstanding. palling grants.

~~II. be it enabled, And further That the governor be, and he is hereby veiled with To fign the~~

an » eandt all the powers of governor and executive council, under the late conftitution, fo far f °hear ,/-., . an " determine iiii- 11 •• .. as the laid powers extended to the hearing and determining on caveats and fignmg of on caveats. grants.

III. And be it alfo enabled, That any three or more iuflices of the peace, in their *ny3or«iwrejor- ' > » • ' tices fftall ule and refpe&ive counties, fhall ufe and exercife the powers given to four juftices and an he ^^m \?L to n affiftant juftice, by the act, entitled " An a£t to repeal and amend fome part of an a£t ? "(u Ce bv1andSa of Auguft;i 8 . entitled, An aft for opening the land office," pafTed the firft day of Auguft one «* 7 3 thoufand feven hundred and eighty-three: Provided, the faid That three or more l^Tof "them to wa,Tai}ts juftices fhall each of them fign all warrants for land by them granted. granted. IV. And be it further enabled, That no plat of any furvey fhall hereafter be allowed The beginning to pafs the office of the furveyor general, or any county furveyor, which does not c °™" c kfhnh clearly fet forth the beginning cornerf of fuch furvey : And no county furveyor fhall in all plats. be allowed to proceed in the duties of his office, without firft giving bond and approved

* The form and manner of pafling grants prefcribed, page 408. t See order of the executive, page 409. 4o8 DIGEST OF THE

A. D. 1789. proved fecurity, in tlie fum of two thoufand pounds, payable to the governor for No. 421. (.j^g t j me De ; ng anci hj s fucceflbrs in office, for the faithful difcharge of the duties No county furvey- « , - _ - r or (haii proceed required or iucn county iurveyor.

~~bond and good ft- SEABORN JONES, Speaker of the Houfe of Reprefentatives. cmity ; 20°">1 " " NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor,~~

~~December 23, 1 789.~~

~~STATE HOUSE, Augufta, Thur/day, January 14, 1790.~~

A SUPPLEMENT to the feveral land laws of this State, palled at Augufta the twenty-third day of December, one thoufand feven hundred and eighty-nine, being taken up, the following proceedings are thereon directed

~~form of a grant be in the words following : Form of grants. That the cn State of Georgia.~~

~~°§ By his excellency , captain general, governor, and commander &* in chief in and over the faid State, and of the militia thereof.~~

*** 21? all to whom thefe prefentsJhall come, Greeting: «' I&flOtO PC, That, in purfuance of the act for opening the Land Office, £ and by virtue of the powers in me vefted, I have given and granted, and by £ thefe prefents, in the name and behalf of the faid State, do give and grant unto 3 heirs and affigns for ever, all that

~~"^ tract or parcel of land, containing acres, fituate, lying and being~~

™* i faid State, butting in the county of n tne and and bounding °£ having fuch fhape, form, and hereunto annexed together 3 marks, as appear by a plat of the fame ; with all and § fingular the rights, members, and appurtenances thereof, whatfoever, to the faid

~ tract or parcel of land belonging, or in any wife appertaining ; and alfo all the n eftate, right, title, intereft, claim and demand of the State aforefaid, of, in, to, to hold the faid tract or parcel of land, or out of the fame ; To have and aforefaid, their every of their rights, I and all and fingular the premifes with and ^ members, and appurtenances, unto the faid heirs and affigns, £-> to and their own proper ufe and behoof for ever, in fee fimple. Given under my hand, and the great feal of the faid State, this I ! day of , in the year of our Lord , and in the year of American independence. NO

~~I Atteji, JAMES MERIWETHER, S. E. D.~~

~~Ordered^ o~~

~~L AWS OF GEORGIA. 4 9~~

"" 'ORDERED* That the furveyor general, and the feveral county. furveyors do not K c y n r .r^rat * JO' j j a>d count;- iirvey. date of the before recited fupplement, pals any plat of any furvey 1 a '\?"7 after the of land "C** . Z * J x A ^ x J J plat o*^land wliirU that does not clearly fet forth the beginning corner of fuch furvey. Ann that the f^^he^b&n* '" tranfmit to each of the faid furveyor's plans of. n:,lg c0; er furveyor general •» town. commons,» and ; o ' Sarveyrr gfner.it cf any other lands referved for public ufe. to ua'nfmit to tue / L rpfpedtive r.irvey- *., n ors plars of town Jttttyt, commons and other JAMES MERIWETHER, S. E.D. Suc'^"*

~~No. An ASI for impofing a. tax for the year 1 790.~~

~~December 23, 1789.~~

An Aclfor incorporating the Anabaptift Church on the Kioka* in the n 424. county of Richmond. WHEREAS a religious fociety has for many years paft been eftablifhed on the Preamble Kioka, in the county of Richmond, called and known by the name of the

Anabaptift Church, on the Kioka: And whereas it isneceffary for the promotion of religion and virtue, that churches or religious focieties be made capable of holding, enjoying, and defending any property which they may acquire by donations or otherwife : Be if therefore enabled by the fenate and houfe cf reprefentatives of the State of Enabled. Georgia in general affembly met, and it is hereby enabled by the authority of the fame, That Tne anabaptift

Abraham Marshall, William Willingham, Edmund Cartledge, John Landers, James Kioka h.corporated and truf- Simms, Jofeph Ray, and Lewis Gardner, and their fucceffors in office (hall be, and » they are hereby declared to be a body corporate by the name and flyle of the Truftees appointed. of the Anabaptift Church on the Kioka.

II And be it further enabled by the authority aforefaid, That the faid Abraham Mar- Their powers, Ihall, William Willingham, Edmund Cartledge, John Landers,' James Simms, Jo- feph Ray, and Lewis Gardner, truftees as aforefaid, and their fucceffors in office,

(hall be inverted with all manner of property both real and perfonal, all donations, gifts, grants, hereditaments, privileges and immunities whatfoever, which may belong to the faid church at the time of paffing this act, or which may hereafter be made, conveyed or transferred to them or to their fucceffors in office, to have and to hold the fame for the proper ufe, benefit and behoof of the faid church ; and alfo that the faid truftees and their fucceffors in office fhall be, and they are hereby declared to be capable of fuing and being fued, impleading and being impleaded, and of ufing all neceffary legal fteps for recovering or defending any property whatever, which the faid church may hold, claim or demand, and alfo for recovering the rents, iffues and profits of the fame or any part or parcel thereof.

IH. And be it further enaBed by the authority aforefaid, That the truftees of the faid To hold their office three years anabaptift church fhall hold their office for the term of three years ; and on the third

Saturday of November, in every third year after the paffing of this act, the fupport- pointed by the members of the ers of the gofpel in faid church fhall convene at the meeting houfe of faid church, JVf.f and ;

~~4I0 . DIGEST OF THE~~

A. D. 1789. and there, between the hours often and four, elecl: from among the fupporters of £To. 424- the gofpel in faid church, feven difcreet perfons as truftees who (hall hold their office for three years as aforefaid, with the fame powers and for the fame purpo-fes as above declaredt SEABORN JONES, Speaker of'the Houfe of Reprefetitatives. NATHAN BROWNSON, Prefidmt of the Senate.. EDWARD- TELFAIR, Governor, December 23, 1789..

~~No. 425. An Ac! to incorporate the epifcopal church in Savannah, called Chrift~~

~~church ; and the independent congregational church or meeting~~

houfe-, at Midway > in Liberty county ; and to authorize the govern nor to grant charters of incorporation to other religious focieties. 7" Preamble. ^["HT HERE AS it isneceffary, for the promotion- of religion and virtue, that ^/^ churches or religious focieties be made capable of holding, enjoying, and defending any property that they have or may acquire by gifts, grants or otherwife

~~And as Chrift church in Savannah has, long fince, been eftablifhed ; and a religious- fociety at Midway, denominated the Independent Congregational Society, have like-~~

wife, long fince, had a church or meeting houfe there : Be it therefore enabled by the T al d reprefentatives the State Georgia in general met, That The epii'copal fenate and houfe of of of affembly church in Sa- Leonard Cecil, and John Haberfham, church wardens j and; Jofeph Clay, James-

~~rated! 'church Moflman, James Haberfham, Jofeph Haberfham, George Houftoun, William Ste- wardess - and phenSj Samuel Stirk, John Houftoun, George Bafil Spencer, and George Jones, and~~

~~jned. their fucceflbrs in office, fhall be, and they are hereby declared to be,, a body corporate, Their powers, by the name and ftyle of the Church Wardens and Veftry Men of the epifcopal~~

~~church in Savannah, called Chrift church j and they the faid Leonard Cecil, and John~~

Haberfham, church wardens ; and Jofeph Clay, James MofTman, James Haberfham,. Jofeph Haberfham, George Houftoun, William Stephens, Samuel Stirk, John Houf- toun, George Bafil Spencer, and George Jones, veftry, men as aforefaid, (hall be

~~invefted with all manner of property, both, real and perfonal ; all monks due, donations, gifts, grants, hereditaments, privileges and immunities whatever, which may~~

~~belong to the faid church ; and all monies that have been granted forre-building the~~

~~faid church, or for building anew church ; or which may hereafter be given, granted* conveyed or transferred for re-building the faid\church, or for building a new ch«rch-~~

in Savannah ; or which may be made or transferred to them, or to their fucceflbrs in? office: To have and. to hold the fame, for the proper ufe, benefit and behoof of the*

~~faid church : And the faid church wardens and veftry men, and their fucceflbrs in; office fhall be, and they are hereby declared to be, capable of. filing and being fued,~~

~~and of ufing all neceffary legal fteps, , for recovering and defending any property what-~~

~~ever, which the faid church may hold, claim, or demand, and is herein fecured or-,~~

~~otherwise j and alfo with power to make all neceflary regulations and rules, and to recover '~~

~~LAWS OF GEORGIA. 41 x~~

recover in their own name or otherwife, as we'll the faid monies a-s other property, A. D. 1789, No a with all rents, iflues and profits of the fame, or of any lands, monies or other eftate - 4 5- belonging thereto, or of any part thereof.

~~II. be it And further emitted, That the faid church wardens and veftry men (hall To be appoint- e d aHftuaW hold their offices until Eafter PVIonday next ; and on that day, and on every 7*>y other ,~~

Salter Monday annually thereafter, the members and fupporters of the gofpel in faid the church. church fhall convene at the church aforefaid, and there, between the hours of ten and two o'clock, elect from and among the members and fupporters of the gofpel in the faid church, two difcreet perfons as church wardens, and feven other difcreet perfons as veftry men for the faid church, who fhall be, and is and arefhereby declared to be, vefted with all necefTary powers to carry the purpofes intended by this act fully into effect.

III. And be it enabled further by the authority aforefaid, That Samuel Saltus, Gideon The conorega- Dowfe, John Elliott, William Quarterman, and Peter Wynn, and their tio nal church ^ fuccefTors . . in office, fhall be, and they are hereby declared to be, a body corporate, by the name porated: Sella and ftyle of the Select of nien named~ Men the congregational church or meeting houfe at Midway ; . P° A and they the faid Samuel Saltus, Gideon Dowfe, John Elliott, "William Quarterman and Peter Wynn, felect men as aforefaid, fhall be inverted with all mauner of property, both real and perfonal j all monies due or to grow due, gifts, grants, hereditaments, privileges and immunities whatfoever, which may belong to the faid independent congregational church, meeting houfe, or religious fociety under the faid denomination, together with all monies that have been granted for rebuild- ing the faid church or meeting houfe, or for building a new church or meeting houfe at Midway, or any other place in Liberty county aforefaid; or which mav hereafter be made or transferred to them the faid felect men or their fuccefTors in office : To have and to hold the fame for the proper ufe, benefit and behoof of the faid independent congregational church or meeting houfe : And the faid felecl: men, and their fuccefTors in office, fhall be, and they are hereby declared to be capable of fuing and being fued, and of ufing all necefTary legal fteps for recovering and defending any property whatever, which the faid church or meeting houfe may hold, claim or demand, and is hereby fecured or otherwife; and alfo with power to make all necefTary regulations, and to recover in their own name or otherwife, as well the Taid monies as other property, with all rents, iflues and profits of the fame, or of any lands, houfes, or other eftate belonging thereto, or any part thereof.

~~IV. be it enatted, And further That the faid felecl: men fhall hold their offices To be annually eleiaeii b the -until the fecond Wednefday in March next ; and on that day, and every fecond Wed- y~~

nefday in March annually thereafter, the members and fupporters of the gofpel in church. the faid church or meeting houfe, fhall convene therein, and there between the hours of ten and two o'clock elect from and among the members and fupporters of the gofpel in the faid church or meeting houfe, five fit and difcreet perfons as felecl men, who fhall be, and is and are hereby declared to be vefted with all necefTary powers, to .carry the purpofes intended by this act fully into effect. V. DIGEST OF THE

to and for his excel- That it (halt and may be lawful A D. 1789, V. And be It further enaEled, hereafter, on application in writing of any No. 425. kncy the governor at any time or times or place of worfhip, now ereded or that The governor religious fbciety, belonging to any church hand and the great feal of the State, ?t>: may be erefted hereafter, to grant under his members of the laid churches ^incorporation ^j and cuftomary charters of incorporation to fuch fuch bodies politic or corporate, to fue and or places of worfhip •, and to authorize and other goods and to hold ail lands and tenements, monies be fued j and to have religious focieties, or which may hereafter and chattels, that already belong to fuch fame to have and receive to the proper ufe be given, granted or bellowed, and the fuch manner, as the members and behoof of fuch churches or places of worfhip, in point out in their appli- and fupporters of fuch church or places of worfhip fhall of this aa, and with the fame privi- cation for fuch charter, on the principles and fecured to any church or. religious leges and advantages as are granted, given fociety incorporated by this act. SEABORN JONES, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prefident of the Senate. EDWARD TELFAIR, Governor. December 23, 1789.

~~repealing certain parts of acls therein mentioned. No 4 s6 i Ah Ac! for~~

the State Georgia in gene- // enoffid by, the fenate and houfe of reprefentatives of of The paper bills Y> E of Auguft, of credk emit- fo much of an aa palled the fourteenth day [j ra j ajfembly met, That e d n r f for emitting the fum of fifty thoufand one thoufand feven hundred and eighty.fix, . i 7 86 to bfno longer a kg3 l a fund for the redemption of the fame, pounds in bills of credit, and foreftablifhing teHd<* J the bills of credit emitted and for other purpofes therein mentioned, as declares that tender in all paft and by virtue of the faid aa, and therein declared to be a legal dues and de- future bargains* contraas, purchafes, agreements, dealings, debts, continue mands, according to the time fpecifkd in the faid bill, mall- no longer be -and purchafes, agreements,! a legal tender in any paft or future bargains, contraas, day of Auguft, dealings, dues and demands whatever, from and after the fourteenth next. of an aa, palled the third day ol So much of tie VU And be it further enaBed, That fo much ad to redeem -nine, entitled " An aa to redeem Februar y Qne thoufand feven hundred and eighty papci ioSiethe paper medium, of this State," which extended the tender of the faid 85 te th and ninety., medium until the fifteenth day of- January one thoufand feven hundred T *S- f "^ ' repealed. rejeakd. four, fhall be and the faid feveral claufes of both aas are hereby SEABORN JONES, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Rrefdent of the Senate. EDWARD TELFAIR, Governor. December 23, 1789.. A. .

~~LAWS OF GEORGIA. 413~~

~~An Aft for prefcribing the regulations and reftriclions under which A. D. 1789.~~

~~No * 4a7 ' the governorJhall appoint militia officers andSecretaries.~~

I. II. A LTERED by act of 1792, No. 468, feci. 5. XjL III. And be it further enacled, That the fecretaries of the governor, Governor's fe- tt' (not exceeding two) fhall be citizens and refidents of this State and fhall at- 3 have anSiiaido^ fcained to the age of twenty-one years. SEABORN JONES, Speaker of the Houfe of Reprefentativet. NATHAN BROWNSON, Preftdent of the Senate, EDWARD TELFAIR, Governor. December 23, 1789*.

~~An Aft for regulating the appointment ofjuftices of the peace in the No. -4*8. feveral counties of this State-) andfor empowering the governor to~~

~~fill up all vacancies that may happen in office during the recefs of * the general affembly.~~

I. Tf% E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in- Juftices of the JL3 general affembly met) That from and immediately after the pa fling of this f^f '"n^ai act a commifKon of the peace for each county fhall be iffued by the governor, under court by com million fro feal, to perfons fhall the great directed the who be appointed juftices of the peace by governor. the general affembly. That the juftices fo appointed and commiffioned fhall before they reflectively enter on the duties of their office, take and fubfcribe before the clerk of the county in open court, the following oath or affirmation, viz. " I A. B. Oath to be tak*

en J, tn£m do folemnly fwear or affirm, that I will adminifter juftice without refpec't to per- y - fons, and do equal right to the poor and to the rich, and that I will' faithfully and impartially difcharge and perform all the duties incumbent on me as a juftice of the peace for the county of — , agreeably to the constitution and- laws of the State, and according to the bell of my abilities and underftanding. So help, me God."" And fhall alfo take and fubfcribe the oath required by the conftitution of the United States.

IV. And be it further enafled, That it fhall be a part of the duty of the attorney Actcrney, orfo- or folicitor general, or one of them, to prepare the form of all commifTions when ^"'^Jfertw required, and to prefent the fame to the governor for his. concurrence before they form cf com- W fhall be acted on by the fecretary of the State, and that the faid attorney or folicitor Squired. And general fhall give, from time to time, when required by the governor, opinions in to give opinions

~~. . . . writing to . . t , ,. 1 r i in writing on any matter or thing, relative to, or pending before the executive de- the governor. partment.. SEABORN JONES, Speaker of the Houfe of Reprefentatives.~~

~~NATHAN BROWNSON, Preftdent of. the Senate EDWARD TELFAIR, Governor. Lecember 23, 1789. An~~

* So much of this ac"l as relates to the appointment of juftices of the peaee and empowering the governor to fill vacancies, rendered olfokte by the conftitution of 1798. 4 ^4 DIGEST OF THE

A. D. 1789. jln Ml to carry into ejfecl the fixih feclion of the fourth article of the confitutiony touching the diftribution^ of the intefiate eftates, direct- ing the manner ofgranting letters of adminiftration, letters tefia- mentary, and marriage licenfes.

The true confivic- it enacted by the fenate and houfe reprefentatives the State Georgia in ge~ tion of the 6ih fc- E of of of true conftrudtion fidkofVuUwitti- ]L3 wrnl ajfembly met, That the of the fixth fection of the

tutl0n - (hall is to : fourth article of the conftitution, and hereby• declared be as follows When The real and per- ,....„ limaiciutcif per- perfonal eftate, fliall this life, an y perfon holding real and r ' depart inteftate and with- l";>ns dying Intel- I * ° . ute, to be amfi- ou t will, the faid eftate, real and perfonal, {hall be conhdered as altogether of the the fame nature. fame nature, and upon the fame footing ; fo that in cafe of there being a widow and and upon the fame » r o ' o hmvtobe children, or child, they fhall draw equal (hares thereof, unlefs the widow (hall pre- divided' "^ {hall wkiow's dower. er ner dower ; in which event fhe have nothing further out of the real eftate

~~of the perfonal eftate- In cafe any of the children fliall have died before the inteftate,~~

~~their lineal defcendants fhall ftand in their place and ftead ; in cafe of there being a widow and no child or children, or legal reprefentatives of children, then the widow~~

~~•fhall draw. a moiety of the eftate, and the other moiety {hall go to the next of kin in equal degree and their reprefentatives. If no widow, the whole fhall go to the child~~

~~jt neither widow or children. If neither widow, child, or children, the whole fhall be diftributed among~~

~~whole .to-be diftri- the next of kin in the equal degree, and their reprefentatives; but no reprefenta-~~

~~r.e'xc of kin°in e- tives fhall be admitted among collaterals further than the child or children of the intef-~~

~~their rq.refciua- rate's brothers and filters : If the father or mother be alive, and a child dies inteftate, and without ifiue, fuch father (or the mother, in cafe the father be dead, and not~~

otherwife) fliall come. in on the fame footing, as a brother or fifter would do. The rules The next of kin ; next of kin fhall be inyeftigated by the following of confanguinity, that is to fay, 10 be in vera gated. children {hair be neareft ; parents, brothers and fillers fliall be equal in refpedl to a vnitted to a°diitri' diftribution, and coufins fhall be next to them : The half blood fliall be admitted to a

common wTth the diftributive fhare of the real and perfonal eftate in common with the full blood. °'K " , II. And be it further ena&ed, That the fame rules fhall obtain in regard to the" The fame rules to J ' obtain on granting granting letters of adminiftration on inteftate eftates, as are before mentioned for the aumimltratlon on o o * inteftates eftates. diftribution thereof : and fhould any cafe arife, which is not exprefsly provided for Caft-s not particu- n i r n 1 lariy provided ihr, this act, refpedling inteftate eftates, the fame fliall be referred to and by > r o determined how to be deter- '. • 1 1 n pi'med. by the common law of this land, as it hath ftood fince the firft fettlement of this State, except only, that real and perfonal eftate fliall always be confidered, in refpedl;

~~in cafes of inter- to fuch diftribution, as being precifely on the fame footing: And in cafes of inter-~~

F^ruary, 1785, die marriage, fince the twenty-fecond day of February, one thoufand feven hundred and e wiie to Vcome eighty-five, the real eftate belonging to the wife fhall become vefted in, and pafs to '" " .band. the hufband, in the fame manner as perfonal property doth : And in cafe of the death of the hufband thereafter, inteftate and without will, the faid eftate fhall defcend and become fubjedt to diftribution, in the fame manner as perfonal property.

~~III.~~

* Sec ad of 1797, No, 582, feci. 8, pointing out the mode of compelling diftribution. ?

~~OF LAWS GEORGIA. 4 i 5~~

~~HI. And be it further enacled by the authority afore/aid, That all letters of admini- A - D « *7 89'~~

ftration {hall be granted, N(> ' 429 ' letters teftamentary iflued by, and the proving of wills, be before the regifter of probates of the county and ; where applications are made for JSSbjJjS letters of adminiftration, the regifter fliall give thirty days notice and duties re- thereof in fome . public gazette, and by advertifement at the court houfe in each county, before fuch SldmfniftS^ letters " fli all be granted : But on and tefta fuch regifter fliall or may, at his difcretion, grant letters to collect, and take care of the eftate and effe£ts of the deceafed, as well during the ThT prying of thirty days, wiils< as pending any fuk touching the right of granting fuch adminiftration or otherwife, as the oceafion (hall require, taking good and fufficient fecurity from the perfon or perfons to whom he fliall grant fuch temporary letters. IV. And be it further enaFted by the authority aforefaid, That the judge or judges of TUe ftpwiw court the fuperior court (hall be, and they are hereby authorized and empowered to take m^M- - record of fuch proceedings fliall neverthelefs be made in the office- of fuch regifter after the proceedings are completed. VI. And be it further enaaed, That the regifter of '#£" probates in each county fliall S^ grant marriage licenfes to any minifter of the gofpel or juftice of the peace to join Sn^arri^e lke fes perfons of lawful "- age, and authorized by the levitical degrees, to be joined together ,'

in tne noly Itate or matrimony nia >'.be jomea hi ; and where fuch perfons, intending to marry; fliall ' r * o ««"» mamiroriy alter 1 i 1 r i J) nave the the banns of the marriage publifhed three times in fome public place of. wor- SSirfiMinarri&ge. • fliip, it fliall be lawful for fuch minifter or jultice to marry the perfons fo publifhed Any perfon mar- aiforefaid; 1 other- and any perfons marrying ' without fuch licenfe or publication, the perfon Sii? "tT forfeit.. for the ul'et)f 1 marrying them. fliall forfeit one hundred pounds,- to be recovered for the ufe of the d^ta$< academy of the county. ,

~~SEABORN JONES, Speaker of the Houfe of Reprefentatives, NATHAN BROWNSON, Prefdent of the Senate, EDWARD TELFAIR, Governor. December 2$ f 1789. * »~~

~~ASfa A i6 DIGEST OF THE~~

~~A. D.i 789. Jn Ael for regulating the town of Augujla; and to amend an gc7> entitled " An ad for regulating the toivn of Savannah, and ham' lets thereof"~~

~~[THE fblions omitted relate to the incorporation cf Augujla.—'Repealed by at! of~~

~~X. And%ohereas,hj an a£l of aflembly pa fled the tenth day of February one thoufand feven hundred and eighty-feven, entitled " An a£t for better regulating the town of~~

~~Savannah, and the hamlets thereof," It is therein enabled, That certain perfons, ftyled wardens, are to be elected in the faid town annually, by the proprietors of lots or~~

~~houfes, who are to elect from fuch wardens a perfon that is ftyled Prefident of the~~

of Sa- The town _ Board of Wardens; Now be it enabled, That the faid town of Savannah fhall be called Ler^cr'ftyled hereafter known and by the flyle and name of the City of Savannah ; and the city of Sa- that on the firft Monday in March, one thoufand feven hundred and ninety, and thereafter annually, the owners or occupiers of any lot or houfe in the faid city or (hall, under the direction of any two or more juftices in the faid city, elect hamlets, § g!he mayor and an alderman for each wardf mentioned in the faid act, from among the faid citizens fhall, on the Monday following after the election of fuch to be'eledtedT*' generally, who aldermen, choofe from their own body a mayor; and that from and after the election of fuch aldermen and mayor, their ftyle fhall be the Mayor and Aldermen of the city of Sa-

Empowered to vannah, and the hamlets thereof; and are hereby empowered to carry into execution the powersin- tion. the oowers intended by the faid act,i and fhall be a body politic and corporate, ' r tended by an act «f . • , r 1 L r 11/1 1 , V . 173; tor the better t0 haV e and to ufe a common leal, with power to lue and be lued, plead or be lm- emulation of die . . , . . - , jidtow.i, and to and may acquire, have, hold and enjoy, real or perlonal property, for the fpleaded,' e a body politic -%,-/••* 111 nd corporate, etc. the laid city and hamlets. i" u fe anci benefit of so much of the jq ^ncj fc jj further enabled. That fo much of the faid recited act: as is repuo •/ J ud act as is re- r o 'mgnant to this, nant t0 the principles of this act be, and the fame is hereby repealed. contagious diftempers A health officer XII. And to prevent diforders or from being fpread through- !o be appointed it enabled, That a health officer, being a phyfician, fhall be appointed t ^ State,J Be ' • - (W the port of . j. 1, ~. , - . f.avannah—His for the port of Savannah, whole duty it Ihall be to go on board every vefiel arriving rtuty and emo- £ foreign port, and before her arrival at Five Fathom Hole, and there examine as JumentS. , 1 rr 1 1 1 •<- 1 r to the health of the crew and paflengers on board, and certify the fame to the captain or commander of fuch vefiel, for which certificate fuch phyfician fhall be entitled to receive, and the captain of fuch vefiel fhall pay three dollars, after which being granted, the faid crew and paflengers fhall be permitted to pafs Fort Wayne, and not otherwife.

The reft refpeSing the performance of quarantine repealed by aff of 1 793, No. 48$. SEABORN JONES, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prefident of the Senate. EDWARD TELFAIR, Governor.

~~December 23, 1 789. j£n~~

alterations refpe&ing the election of aldermen § See by act of 1 797, No. 599. f Additional number of aldermen. See aft of 1795, No. 529. I Their jupifdidlion extended to the trial of civil caufes. See act of 1796, No. 548. : »

~~OF LAWS GEORGIA. 4 , 7~~

~~An Act to repealfome part and amend fame other parts of an atl to regulate the infpeclion A. D. 1789. No of tobacco, - 431- December 23, 1789.~~

~~Repealed by ad, of 1 791, No. 4^7.~~

~~£1 making compenfation to the troops in the this An A for fervice of State., No. 432 . for difcharging the faid troops^ andfor collecting andfecuring the public arms.~~

The officers and I. r^ E it enacled by the fenaie and houfe of reprefentatives of the State of Georgia,6 in • , foldiers entitled [Mfc /• /r 11 1 , , 1 /• 7 r m, , r j|_^ general aljembly met, ana by the authority of the jame, 1 nat the pay 01 the to the fame pay

as the m » lui * officers and foldiers in the fervice of the State, (hall be the fame as the militia when , . when in actual i-i • n •• n- • in actual fervice ; and that the auditor be directed to liquidate their refpecHve claims, fervice. upon proper vouchers being produced, and (hall grant each officer and foldier a certi- The auditor to liquidate . • their , 1 1 r -i -r n ncate for the amount of pay due them ; which faid certificates, mail be. received at claims, and to give certificates. the treafury as other audited certificates .are. 6 II. And to the intent that no officer, or foldierj who is- not- actually in the fervics oVfhe ^^"™* of the State at this prefent time, mall receive pay ; Be it enacled, That there fhail be GnWs'andibuii-

~~a general mufter of the faid regiment,, at the town of. Washington, , within three* SndwJthontnife months from the paffing of this act, and that no officer or private (hall be entitled ££" be^ntuW~~

~~pay " to receive his pay unlefs he makes his appearance at the faid mufter, or fends a fuf-~~

on oath or affirmation, that he has been prevented from attending, by Prc ',ir°- ficient excufe,' l ^° deferter ' or- . ficknefs or fome other unavoidable calamity, firovided, That no man who is now f"i>{ijwre ^ i>e ' . entitled tu piv. returned a defeiter, (hall be entitled to receive pay, .nor. any perfon who has ferved as a fubftitute.

~~III. And be it further enacled, That on the- day of general mufter as aforefaid, the poiit Smarms, in~~

~~1 ,e troops (hall depofit their arms in the public (tore houfe, and the ftore keeper (hall Lnte^ immediately forward a certificate of the number of arms,, with the names of the pri-~~

~~vates depofiting the fame, to the auditor-,, and that no private foldier fhall be entitled teivTply previous~~

to receive pay for any, time previous to the date of his captain's commiffion ; and. the taiiA* commii&n. captains or commanding officers of the refpeclive companies, are hereby required to The commanding make a return of the number of men in their refpective companies, with the dates nies to make re- ' _ . turns of ihenum- . , , , . . , bei-of men on oa u of their enliftment, whicn ihall be i worn . to before the auditor, m the words following

~~" I, A. B. captain or commanding officer of company of the State Form of the oath, " troops, do folemnly fwear, that the return I now give in, is a jiift and tru£ return~~

" of all the non-comrniffioned officers and foldiers in my company with the dates of M their enliftments, in which I have diftinguifhed between thofe who have been re- " ceived or ferved as fubftitu-tes, from thofe who were not; and that I have not " returned a man who has been abfent more than thirty days, without leave, atany

" one time from the regiment of State troops ; all which I declare without any " equivocation or mental refervation whatever. So help me God." G g g Which * Further time allowed by ad of 1792; No. 471. 4 i8 DIGEST OF THE

A. D. 1 789. Which faid oath the auditor is hereby empowered and required to adminifter to No. 432. tfews captains or commanding officers of the faid companies refpedHvely ; and before r '. * To lie admmi- , ° i. . . flercd by the the auditor proceeds to give any non-commiffioned officer or private foldier a certifi- auditor. cate, or private fhall take an oath, that the date fuch non-commiffioned officer A of his Non-tommiHi- . . „ . • n. 1 , , onedofficersand enhitment returned by his captain or commanding officer, is juit and true ; and that foldierstobeal- ^e j^ as never Deen abfent more than thirty days, without leave, at any one time from ' fo - fworn. i . Trovifo. the fervice of the State, and that he has not been a fubftitute. Provided, That Subftitutes not nothing herein contained (hall extend to debar the fubftitutes in the faid regiment

from receiving from receiving the bounty in land engaged to them by " An a£t to amend and repeal the bounty m cer t a in partsr of an act, for fuppreffingrr ° the violences of the Indians," psffed the firft lurid engaged to .... them. day of February, one thoufand feven hundred and eighty-eight.

~~The faid troops IV. And be it further enaBed, That the faid troops ffiall be allowed the fame~~

,fl al a,loW bounty of land as is pointed out to them refpectively, in " An act for fuppreffing the i- H f. k Jand pointed out violences of the Indians." Provided neverthelefs, That all officers and foldiers who manadforfup- have Deen entrufted with any fpecies of public property, fhall be accountable for the

~~lencesoftheln- fame, and ffiall not be entitled to receive either his pay or bounty as aforefaid, until~~

~~ns " he ffiall return the arms fo received by him or them; and a receipt or acquittance for fuch public property be produced to the auditor.~~

The legal re- V. And be It further enaBed, That in cafe of the death of any of the foldiers, then leLafed'foldU ^ie captain or commanding officer of the company, ffiall give a certificate of the ers entitled to fame to the legal reprefentative of fuch perfon, who ffiall be entitled to his pay and

emoluments. other emoluments, on producing the fame to the auditor. The governor VI. And be it alfo enaBed by the authority aforefaid, That from and after the paffing empowered to f thtis act, the governor fhall have full power to difcharge the faid troops, and take

~~laid troops, &c. fuch further order as he may deem neceffary to feeure the public property which may~~

be forthcoming ; and that he alfo be directed and required to caufe the commanding officers of the different brigades of militia within this State, to have immediate returns made from each brigade, of the perfons exempted from militia duty therein, under the Jaw authorizing the enliftment of fubftitutes, together with a copy of the

certificates given to the individuals claiming fuch exemption ; and that the infpedtor general be alfo required to make a return of the fubftitutes actually received, and that have been in fervice. SEABORN JONES, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Preftdent ofthe Senate. EDWARD TELFAIR, Governor. December 24, 1789.

~~wj .,, afcertaining the public this State. 0i An AB for fees of officers of December 6, 1790.~~

~~See a3 0/1792, No. 474. An OF GEORGIA. LAWS 4 , 9~~

~~to amend an aft, entitled " to regulate the An AB An aB form and manner of holding A. D. 1 790. eleBions for members to reprefent this State in general a/Temly." No. 43.4. December 6, 1790.~~

~~Re-enaSsd with alterations, by a3 of 1796, No. 572.~~

to Patrick Carr, now under fentence death An AB pardon of in the common gaol No. 4^5. of the county of Burke. December 6, 1790. Private*

~~An Ordinancefecuring upon certain conditions to Wade Hampton, Efq, No. 436. his heirs or ajjigns the exclufive right to erect a bridge over the~~

~~river Savannah^ at Augufta ; andfor other purpofes therein mentioned,~~

WHEREAS in and by an act for laying out the referve land in the town of Preamble, Augufta into acre lots, the erecting an academy or feminary of learning and for other purpofes therein mentioned, the public ferry is veiled in the commffi- oners or truftees of the faid town, and by them applied to the endowments of the feminary eftablifhed by the faid act: : And whereas, the faid truftees have reprefented to the general affembly, that Wade Hampton, Efq. hath contracted with them to erect a bridge over the river Savannah, at or near the faid ferry, and to pay an equivalent to the profits arifing from the ferry, on condition that the property of the bridge on the Georgia fide, and the public ferry aforefaid, be vefted in him, his heirs and affigns forever, with the right of tollage agreeable to the prefent legal ferry rates, and a profecution againft the eftablifhment of another bridge or ferry between

Wallicon's and Cambleton ferry j and have earneftly recommended that the legiflature wiilfanction a meafure fo replete with general convenience and utility, as well as the immediate aggrandizement of the town ; without which fanction it cannot be executed.

I. Be it therefore ordained by thefenate and houfe of reprefentatives of the State of Georgia Enadted. exclutlve in general ajfembly met, That the exclufive privilege of erecting abridge on the Georgia - ., fide over Savannah river, oppofite the town of Augufta, at or near the prefent ferry refiinga bridge landing, is hereby fully and abfolutely vefted in the faid Wade Hampton, Efq. his JJJJ ^"JJc heirs and affigns for ever, with the right of building the fame either with wood or Augufta, veiled

(tone, on the following terms and conditions : That the faid Wade Hampton, his ^n andhisheirs heirs and affigns, fhall be bound to erect the faid bridge in a complete and fubftantial The terms and 8 manner, leaft fixteen in width,, of and of at feet oppofite the town Augufta, capable [hereof?" of fuftaining and paffing all carriages in common ufe, on or before the feventeenth day of February, in the year of our Lord one thoufand feven hundred and ninety-one, and rebuild when neceflary, or keep the faid bridge in good and fufficient repair for-

~~ever t 420 DIGEST OF THE~~

A. D. 1 790. ever : That every year during the firft twelve years, commencing on the faid feven- No. S. 43 teenth day of February, one thoufand feven hundred and ninety one, the faid Wade Shall pny rhe truf- tresi/f Aiittulta fur Hampton, his heirs or affigns, fhall pay unto George Walton,, William Glafcock, the fir/t 12 5 ears 20I. a year; and Abraham Baldwin, Robert Forfyth, Edward Telfair, Seaborn Jones, and John Mil- ^ol.a year for ever thereafter in quar- ton, Efquires, truftees of the faid town of Augufta, or their fucceflbrs in office, the terly payments. fum of twenty pounds fterling money in fpecie, and the, fum of fifty pounds like money, for every year for ever thereafter, both in quarterly payments, and fhall more-

The property over when thereunto required, mortgage unto the faid truftees, and their fucceflbrs mortgaged for in office, the faid bridge, together with one acre of land in South Carolina on which the payment. the fame fhall lodge and butt, for the faithful performance of the conditions herein Themaftersand ftudents of the after contained : That the matters and profeflbrs, and all fcholars and ftudents, for academy to pafs the time being, belonging to the aforefaid feminary of learning, fhall be permitted to and repafs toll free* pafs and repafs over the faid bridge and ferry tole and ferry free for ever.

be it ordained, provided, in The Lid privi- II. And further and fpecially That cafe jthe faid bridge lege liable to be (hall not be erected within the time herein before mentioned, or being fo eredted and forfeited. compleated fhall not be kept up in good and fufficie'nt repair, (allowing a reafonable time not exceeding twelve months at anyone time for repairing and re-building) the .privilege or right of the faid Wade Hampton, his heirs and affigns, onfailure of either of the foregoing provi foes and conditions, fhall ceafe and be wholly void, and the faid ferry and property as aforefaid on the Georgia fide fhall revert to the truftees aforefaid and to their fucceflbrs in office.

~~III. And whereas, for promoting and encouraging fo laudable an undertaking, it~~

is neceflary to afford every fecurity in the power of the legiflature to grant ; Be it therefore ordained, That the faid Wade Hampton, his heirs and affigns, fhall and may Rates of toll e- ftablifhed. legally demand and receive during the continuation of the faid bridge, (except from the mafters, profeflbrs and others belonging to the feminary of learning aforefaid) a

~~toll to correfpond, and be equal to the eftablifhed rates of ferriage at. the faid ferry,~~

that is to fay, for every loaded waggon and other four wheeled carriage four Shillings and eight pence, for every empty waggon, two (hillings and four pence for every loaded cart or other two wheeled carriage, two fhillings and four pence, for every emptv cart or dray, one (hilling and two jpenee, for a man and horfe fix pence, for a foot paflenger three pence, for all black cattle per head three pence, for hogs fheep and goats two pence, for every rolling hogfhead with two horfes and drawn, one

~~(hilling and two pence ; for every rolling hogfhead with one horfe and drawn one~~

.(hilling, and no more, and fhall and may at all fuch times as the faid bridge may be impaflable from accident or decay, have the free and quiet ufe and enjoyment of the ferry on the Georgia fide, on the fame conditions as that of the bridge.

IV. And be it e.lfo ordained, That no other bridge or ferry between Wallicon'-s No other bridge or ferry fhall be ferry oppofite fort Moore and Rae's ferry, oppofite Cambleton, fhall be eftablifhed eftablifhed be- pretext whatfoever, during the continuance of the of the tween Walli- or permitted on any right eon's and Rae's . faid Wads Hampton, his heirs and affigns, to the privileges hereby veiled, . in, and ferry. confirmed to him and them. V, LAWS OF GEORGIA. \ 421 A. D. V. And whereas the fituation of the ferry at Great Ogechee, in the county of 1790. Chatham, demands that encouragement be likewife given to forne perfon or perfons to ere£t a bridge thereat; Be it ordained by the authority afore/aid, That the faid Wade The faid Wade nd with Gunn, Efq. their heirs and affigns, fhall be bound Hampton, together James ^f QunJ empowered to to erect a bridge in a compleat and fubftantial manner, and of at lead fixteen feet of fultaining and in width, at or near th» prefent ferry on the faid river, capable ^crofs Greac o! gechee, at the palling all carriages in common ufe$ Provided, That the faid bridge be compleated e 8 one thoufand feven on or before the laft day of December, in the year of our Lord harJ hundred and ninety-two, and re-build when neceffary, and keep the faid bridge in conditions. good and fufficient repair, to hold the fame, and all emoluments arifing therefrom to them, their heirs and affigns for ever, as tenants in common. VI. And be it further ordained. That the faid Wade Hampton and James Gunn oneaereofpub- in upon an d ea fhall alfo have, to them, their heirs and affigns for ever, as tenants common, -^ g^ v e ^d conditions that the laid bridge be kept in repair as aforefaid, all the public land on them and te- m con> acre, and alfo one acre of the ,the fouth fide of the faid ferry not exceeding one JJJJ] high land .on the north fide, not to include the building called the ferry houfe, and that the faid lots of land fhall be allotted and marked off, as herein direfted by the furveyor of Chatham county, when required by the faid Wade Hampton and James Gunn, or either of them, their or either of their heirs, executors, adminiftrators or affigns. Andmesoftoll VII. And be it further ordained. That the faid Wade Hampton and James Gunn, their heirs, executors, adminiftrators and affigns be entitled to receive and may legally .demand, during the continuation of the faid bridge, a toll equal to that herein before ^granted, to the faid Wade Hampton as toll over the river .Savannah, and eftablifhed bridge may be im- bv this ordinance, and {hall and may at all fuch times as the faid ferry, paflabie. from accident or decay, have the free and quiet enjoyment of the on the fame conditions, as that of the bridge. perfon or VIII. And be it further ordained, That it fhall not be lawful for any geJwA^gc the faid river perfons at any time or times, to build any bridge or keep any ferry on ^«££*^ ' *$»*&* fa ld Ogechee, within three miles either above or below the faid. bridge, which is hereby their heirs and affigns exclufively veiled in the faid Wade Hampton and James Gunn, ; f^^Zt navigation of {**»*«» a^'1s - Provided., That fuch bridge fhall not be fo conilrufted as to impede the b * fcw it fhall draw-bridge, fo as to admit veffels that arc ufually the faid .river, but that be a jj£d f -^ r repafs the fame. employed in the faid river, to .pafs and gati n.

holding the leafe of faid ferry . .IX. And be it further ordained, That the perfon now ^he pfr((in hM in this ordinance to the »s fhall enioy the fame until the expiration thereof, any thing SftmepSa; J ' expiration . the contrary notwithstanding, thereof. deemed, adjudged, and Public ordi- X. And be it alfo ordained, That this ordinance .fhall be nance notice of as fuch by all i'aken to .be a public ordinance, and fhall be judicially taken pleading the fame. judges, juitices and other perfons whatfoever, without fpecially

~~- Speaker the Houfe Reprefentatives. J OSEPH HABERSHA M, of of NATHAN BROWNSON, Prefident of the Senate. JEDWARD TELFAIR, Governor. 'December 6, 179a. Afl 422 DIGEST OF THE~~

~~A. D. 1790. An AB preferring the time, manner and places of holding eleBionsfor perfons to reprfent No A37 ' " this State in the congrefs of the United States. December 8, 1790.~~

~~S,ee a8 of 1 792, No. 461.~~

~~No. 438. * An Ac! to amende explain and continue the "Aftfor regulating the judiciary departments of this State"~~

£ "^TTyTHEREAS the at"t above mentioned is not found in all cafes adequate to h thC intention hereof, Be it Zfus °LfZ V^ therefore enabled by the fenate and houfe of re~ prefentatives the State iffued by the of of Georgia in general ajfembly met, and by the authority of tha ame That from and after the f > ' affin of this the juftices of the inferior £ ^urt! P g *&> conn* or any one of them, in each county, may, in the abfence of the judges of the fuperior court, grant a writ of habeas corpus in the fame manner,, and under the fame regulations, as a judge of the fuperior court is empowered to do : And in all cafes, not capital, fuch juftice may difcharge, admit to bail, or remand to gaol, a prifoner,. at his difcretion, according to law and juftice; but, in all cafes of a capital nature,, it {hall be neceflary that two other juftices of the faid county court do aflbciate with the juftice granting fuch writ of habeas corpus, at the return thereof, and that two of the three do concur in opinion before any prifoner fhall be difcharged or admitted to bail.

H. be it The fuperior And further enabled, That the fuperior court (hall, in all cafes refpeclino' h V the difc°vf«ng tranfadions between co-partners or co-executors, compelling diftr£ proceed °n di£ # bution covering tranf- of inteftate eftates or payment of legacies, or in any other cafe whatfoever,, a V n which b ufage did or doth appertain to a Lparme"com - Y court of equity, be cempetent to fuftain peilingdiftribu. a fuit bill, -by and proceeding therein, until the fitting down of the caufe for hear- ten of inteftates ing . fuch f ; uper or court ftall then fubmit the merits of the fuit, with the evidence thereon, (which in all cafes fhall be given viva voce in court,, or otherwife, within; the rules the of common law) and all matters refpeding the fame, to a fpecial jury, as direded by the before mentioned law, who mall give their verdift on the fame \ but if either party fh.all be diffatisfied with fuch verdieft, an appeal may be entered in the clerk's office, within ten days after trial, and on argument by both parties, the fuperior court before the fame is had> may either grant or refufe a re-hearing before another fpecial jury, as they fhall think proper; but if a re-hearing be granted and had, the fame fhall be final and conclufive.

HE And be it Claims againft enabled, That any perfon having a claim or demand againft the C ehOWt0 State where in like cafes) ' one citizen mi ht fue and maintain an b£ £ ( g adion againft another, fuch perfon fhall be at liberty to file a bill or petition in the fuperior court of the county in which the feat of government may be, making the governor for the time being defendant- thereto, a copy whereof fhall be ferved on the auditor, whofe duty

~~5 t0 '"^ 3Dd amCnd tHe udiciar fyftem," which, together «£**£\i\l%"XX'. J y with tta, i| LAWS OF GEORGIA. 4-3~~

duty it (hall be to make a fpecial report to the court and attend the trial, if thought A.'D. 1790. No. 438. neceffary ; the original fhall be filed and docketted in court ; the attorney or folickor The attorney or general fhall appear to and defend the fame ; and on the trial, the fame rules, with folicitor general refpecl; to the admiffion of evidence, fhall prevail as in common cafes, except that the to defend the

fame ; the rules fhall lie the claimant : Should either party (that is to fay, the burden of the proof on of proceeding attorney for the claimant or the State) be diflatisfied with the determination, an appeal therein.

fhall be entered and tried before a fpecial jury; and the final decifion of the jury, if in favor of the plaintiff, fhall be tranfmitted to the fucceeding legiflature, who may provide, as they may think proper, for payment of fuch judgment or judgments.

IV. And whereas the State is divided into diftricls, Be it further enabled. That One or the e- ther of thofe either the attorney or folicitor general fhall attend the circuits in each diftrict, and officers to attend one or other of them fhall give his perfonal attendance whenever the bufinefs of the pcrfonally when neeefTary, in State fhall make it neceffary; and the proceedings had in the faid diftricls refpec- each diftridt. tively, fhall, in all motions and arguments concerning the fame, be confined to their proper difhi&s.

V. And be it further enabled. That each county fhall be underftood to be divided The reflective counties how to be into diftricts, according to the divifion made for forming militia companies in the divided into dis- tricts. fame ; and the juftices of each county fhall only exercife the powers given them by Jullices not to proceed ill cafes of" the faid judiciary act for recovering of debts under five pounds, in their feveral and iinall debts out of their refpective. refpective diftricts; and all fuch fuits, before the faid juftices, fhall be brought in the diftrict in which the defendant refides.

VI. And be it enabled, That the laft Thurfday in every month fhall be the time of To hold their courts on the lad holding courts by any juftice, and at no other time, (unlefs by confent of parties) Thursday in every month. ' Stay of and on giving fecurity there fhall be a (lay of levy forty days from the time of giving levy forty day^, to be allowed 011 giving i'ecursty. fuch judgment : Provided always, That no juftice of the inferior court court mall be Provifb. allowed to hold any fuch juftice court ; and upon good caufe (hewn, any fuit fo No juftice of the inferior court fhall depending fhall be poftponed until next court day ; and no juftice fhall hold court hold any fuch court. in the or but at the place mentioned warrant fummons; which fummons or warrant The juflsces how to proceed. fhall be ferved four days before the day of trial; and any warrant or fummons, which If there fhouM be •does not exprefs fuch place of holding court, fhall be confidered as void, and may no jullire in a dis- trict, defendant to be reverfed bv the inferior court of the county; and where there is no juftice have his trial before the next near- refiding within a diftrict, in fuch cafe the defendant may have his trial before the eft. aext neareft juftice in fome other difttidt. Declarations, not VII. And be it further enacted, That in future it fhall net be neceffary to affile a necefiary to be fil- declaration in the inferior court, but the petitition and procefs, ifuied in like manner ed in the inferior court ; petition and precedes here, fhall be fufheient for the parties to proceed upon and no execution as heretofore, ; tof'ore ufed fhall be lufficient. fhall ftayed in the fuperior or inferior court, but where the party caft fhall give be Jlxecntionfhal! not, be (tayeri in either after verditl; is good fecurity within four days (Sundays not included) the received court but on giving fecurity in 4 and entered. days. VIII. And le it enabled by the authority aforefaid, That the method of foreclofing Mortgages, how to be furecloled. mortgages in this State, fhall be as follows : The perfon or perfons entitled to fore- clofe a mortgage, or his, her or their attorney, fhall petition the fuperior court of the county wherein fuch mortgaged property may be, ftating the cafe, and the amount 424 DIGEST OF THE

~~A. D. 1790. amount of his, her or their demand, and defcribing fuch mortgaged property, and No. 458. t^ e court fhaj] grant a rule, that the principal, intereft and cofts, be paid into court~~

~~within twelve months thereafter : The rule fhall be publifhed in one of the public gazettes of this State, or ferved on the mortgager or his attorney, at leaft nine months~~

previous to the time when the money is directed to be paid, and unlefs the principal, intereft and cofts be fo paid, the equity of redemption mall, from thenceforth be foreclofed. In cafe of any difpute as to the amount due on any mortgage, the court

~~mail, on application, appoint one or more fit perfons to audit and liquidate the fame, with the liberty of an appeal thereon, or the fubmiffion of any other matter refpedt-~~

~~r . •< i'ng the to a fpecial jury, who fhall be taken from the grand inqueft, as in other r , fame~~

courts may or- appeals whofe decifion fhall be final. And it fhall and may be lawful for the fuperior der a ts o t courts j n the feveral counties of this State, to order a fale, which mail be at public 01 J » r real eftate , perfonsdeceafed auction, fir ft giving forty days notice thereof in one of the gazettes, of fuch part

t ^ tne rea e ft ate °f an teftator inteftate, the application th^httr^aiid or ie w ^°-e °f * 7 or on of the creditors; how executor or executors, adminiftrator or adminiftrators, of fuch teftator or inteftatej. ^ fully plainly wili therein where it is made and appear that the fame be for the benefit of the

Grant iniun&i- heirs or creditors of fuch eft-ate. And fuch court fhall aifo be, and they are hereby oasin behalf of empowered to grant an injunction to ftay proceedings at lav/ in behalf of, and on the

executors and . • • ,. . r , . n inn 1 • n- adminiftrators application or any executor or adminihrator, who mall appear in equity and jultice to ftay proceed- entitled to the fame, fuch injunction not to direct a ftay of to b e J above twelve exceed- ' J ina;snot m . no- 12 months, months in any one inftance.

~~Aiifuitsofa .ivii IX- And be it enabled* by the authority afore/aid, That all fuits of a civil nature, not~~

~~L !^J toVh°y/j^r" referred to the decifion of a fmgle juftice, fhall be inftituted and tried in the inferior~~

~~uit«Un the'iilfcti- county courts, from whence an appeal may be had and profecuted to the fuperior~~

~~wi»enc"an appeal court, as directed by the judiciary act ; and all bonds and other fpecialties, and alf~~

~~may !>.-• hail to ilie .-, • ' • - 1 1 i- 1 , i 1 1 i 1 liipermr court. promifiory notes and other liquidated aemands bearing oate- at- any time atter the~~

~~Bonds and other expiration of fix months from the pa fling of this act, whether for money or fpecific~~

SdsMated fix articles, fliall be of equal dignity, and be hereafter negociable by indorfement j and c Sa" wbetifi f;.r may be fued by the indorfee or affignee, in his, her or their name, any law to the e art'< i« mai^oVor' contrary notwithstanding. Provided, That nothing herein contained fhall prevent

~~i.em.ciaMe' oyVn- the party giving any bond, note or other writing, from reftraining the negcciability thereof bv any words inferted therein expreffive of fuch agreement.~~

~~X. And be it further enacled, That the feveral inferior courts be, and they are~~

courts to grant hereby authorized to grant licenfes to fuch perfons as may apply for the fame, to tavern licenfes keeD taverns, and alfo to appoint conftables at any of their feffions within the year,- and appoint 1 -in,- conftables. any law to the contrary notwithstanding.

~~} , XI. And whereas whilft the paper medium of this State remained a tender, many Ce 3 inftituted in the fuits were inftituted in the courts of confcience, for fpecific articles, where the~~

of fuch demand is under five pounds : whereas eii^and ^Trno- *P e ci e value And by the judiciary act; ved to the infe- paiTtd the twenty-third day of December, one thoufand feven hundred and eighty- nine, fuch caufes were with others, directed to be returned to and tried in the infe- to which, Be it enacted, That the May be conti- rior courts ; remedy on application of the plaintiff, iiued without fuc ]1 fu its fhall be difcontinued without coft;s, and tile party thereupon be at liberty to proceed, before a juftice, in the recovery of fuch demand. XIL ;

~~LAWS OF GEORGIA. 425~~

XII. And be it further enacled by the authority aforefaid, That all the officers, now A. D. 1790. No. 438. in office, fliall continue in the exercife of the fame, until the time herein after men- Perfons now in tioned, that is to fay, all fneriffs, regifter of probates, county furveyors, clerks of the office, how long to exercife the fame, counties, and coroners, until the firft Thurfday in January, one thoufand feven hundred and ninety-two, and all other officers until the end of the feffion of the

~~general aiTembly, commencing the firft Monday in November next ; and on the faid~~

firft Thurfday in January, one thoufand feven hundred and ninety-two, and on the fame day annually thereafter, the juftices of the feveral counties, or a majority of ThefherifFs, regifters of probates county them, fhall meet at the ufual place for holding courts in the refpective counties, and furveyor*, clerks, etc. of the feveral ballot, fherifF, regifter of counties, there elect by a probates, county furveyor, clerks of when to be appointed by thejultices. the county, and coroner, to ferve for one year ; and all the other officers fliall continue to be elected as heretofore, by the legiflature, that is to fay, all, (except thofe No membe:" of the appointed for a time limited by the conftitution) for one year from their appoint- general affembly fhall be appointed ment, and no longer ; and no member of the general affembly fhall be appointed to to any office of pro- fir, except the go- any office of profit, (except the governor) during the time for which he fhall have vernor. been elected. Courts XIII. And be it alfo enacled, That the place for holding courts in the county of for the county of Rich- mond Richmond, be at the court houfe on the Kioka, any law to the contrary notwith- to be held at the court houfe on the fhall to Kioka. ftanding. Provided, That nothing herein contained be conftrued extend to Provilb. The prejudice the building of a gaol for the county of in the town of Augufta. gaol to be Richmond built in Augufta. XIV. And be it further enabled by the authority afore/aid, That the " Act to extend The act of Febru- ary, 178&, to ex^ the limitation of actions, and for other purpofes therein mentioned," pafTed at Au- tend tlie limitation of actions, etc. gufta the firft day of February, one thoufand feven hundred and eighty-eight, be, and revived and conti. • ed until i(,t Febru- the fame is hereby revived and continued until the firft day of February, one thou- ary 1793. fand feven hundred and ninety-three, and no longer.

* f So much of XV. And be it further enatled, That all parts of the Act for regulating the judi- the iSt for regulating the ciary departments of this State," which fhall be incompatible with the prefent act, judiciary departments, as is incompatible with this, are all the parts of the faid act fhall fhall be, and the fame hereby repealed ; and other repealed. All other parts of full the together this act, be and continue fo in force, remain in force, and fame, with the faid act, together with this, until repealed by law. fhill continue in f.irce until repeal- JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives. ed. NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor.

~~December 9, 1 790.~~

~~An Act mihing appropriations of money for the year 1 79 1.. No. 439. December 10, 1790.~~

An AB to authorize and empower George Bai'lie, adminiftrator of the goods and chattels, No 440. rights and credits, which were of his father Robert Baillie, deceafed, to fell and difpofe of any lands or other real efaie of the deceafed.

~~December 10, 1790. ... Private. H h h An 4 a6 DIGEST OF THE~~

A. p. 1790. j[n jlEi tQ divide the county of Richmond. No. 441. Richmond ^ 13 -^ lt MaBed by the fenate and houfe of reprefentatives of the State of Georgia in county to be di • J§[J| general afeinbly met, That the county of Richmond fhall be divided into two counties, in the following manner, viz. beginning on the river Savannah, at the mouth

~~of Red's creek •, from thence a line fhall be drawn, rnnning fouth forty-five degrees~~

~~weft ; and all that part of Richmond county lying above, or north-weftwardly of the~~

The upper part aforefaid line, fhall be one county, and known by the name of Columbia, and fhall Columbia, to be h ave two repreferitatives apportioned to it, from the representation of the county of Richmond.

Commiffioriers II. Be it further enaBed, That Charles Crawford, Lewis Gardner, and' Rhefe Howard, Efquires, or any two of them, be, and they are hereby appointed credirie a court commif- houfe ar>d gaol fioners to fix on the moil convenient place for holding a fuperior court, and for erecting a court houfe* and gaol in the faid county of Columbia.

~~The lower part III. Be it further enaBed, That all that part of Richmond county, lying below~~

*° ret J t - v" or fouth-eaftwardly of the aforefaid line, fhall compofe one other county, and re- ^ jt mond. tain the name of Richmond ; and that George Handley, John Meals, and Robert Commiflicners Forfyth, Efquires, or any two of them, be, and they are hereby appointed commif- C houfe and °aol fionersf to fix on a place to build a court houfe and gaol for faid county of Rich- appointed, mond, in the town of Augufta,

it enaBtd, the collectors i One-fifth of the EV\ Be further That of tax in the counties aforefaid; general tax to be fhall annually collect on each perfon liable to pay tax in their refpective counties, a. equal fifth £500 be raifed fum i n fpecie which fhall be to one part of fuch perfons general tax, in each county. un tir the fum of five hundred pounds for the county of Richmond, and the like fum of five hundred pounds fhall be collected for the county of Columbia, and the collectors aforefaid, fhall collect faid tax agreeably to the rules and regulations for collecting the general tax for the time being, and after deducting two and a half per centum, fhall pay the fame unto the aforefaid commifiioneis of their refpective counties.

To be applied in V. Be it further enaBed, That the before mentioned commiflioners fhall apply alt a co.i'r'lToufo and fuch monies as they may receive from the aforefaid collectors of tax, towards build-

~~£a0lS ' ing a court houfe and gaol in their refpective counties ; and fhall from time to~~

~~The commiflioners time, fpecially report their difburfements of fuch monies to the fuperior court re-~~

~~ihe fijperior court! fpectively, and on refufal or neglect fo to do, they fhall be fubject to a fine at the. difcretion of the court.~~

VI. it enaBed, That all writs iflued in the county of suits already com- Be further Richmond, pre- °f tn a a11 Dc brought to iffue, finally mon<7 to te deter- vi° us to tne paffing ^ &> ^ and determined in mined there. fcft cOUnty.

VII. Be it further enaBed, That the furveyor for the county of Columbia, The county fur- fhall yeyortorunthe run and plainly mark, gratis, the aforefaid line, dividing the county of Columbia from the county of Richmond, within thirty days after his appointment. VIII,

* Additional- commiffioners appointed by act of 1791, No. 453.

~~f Mayor and aldermen commiffioners. See act of 1791, No. 452.~~

~~LAW LIBRARY UNIVERSITY OF GEORGIA' ATHENS, GEORGIA LAWS OF GEORGIA. 427~~

VIII. And be it further enacled, That the fuperior court for the county of Colum- A. D. 1 790. No 441, bia, (hall commence on the fourth Monday in March and October, and the inferior ' court of faid county (hall commence on the fecond Monday of March, June, Sep- ment of the tember and December. UI in C- J° J? JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prudent of the Senate. EDWARD TELFAIR, Governor. December 10, 1790.

~~An Aclfor the fupport of government, from the firjl Monday in November, 1790, to the No, 44a.~~

~~firfl Monday in November, 1791? by raifing a tax on perfons and property.~~

~~December 10, 1 790.~~

~~An Acl for appointing *commiffioners for fuperintending the clearing no. 443. and improving the navigation of Great Ogeehee and Brier creek, andfor other purpofes therein mentioned.~~

I. [3 E it enacled by the fenate and houfe of reprefentatives of the State of Georgia in gene- Commiflioners n ed a ral affembly met, That Andrew Burns, Benjamin Jenkins, and Samuel Whi- *£ _D ^ t cd fof taker, be, and they are hereby appointed commiflioners for the purpofe of fuperin- proving the in- clearing and improving the navigation of Great Ogechee, from the Big tending the Gfeat°Oeechee. Shoals to Hardwick, veiled with full power to employ, at the lowefl rates, any Their powers, number of laborers they may deem neceflary for carrying the intentions of this adfc

: that Alexander Carter, Amos Whitehead, and Francis Paris, be, ~. into effe£l 7 and " _ ::ners appomt- t and they are hereby appointed commiflioners for the purpofe of fuperintending the ed for Brier 11 hke clearing and improving 'the navigation of Brier creek, from Walker's bridge to the p^weV™" mouth thereof, and alfo veiled with the like powers.

II. And be it further enacled, That his excellency the governor for the time being, The govern*- em- be, and he is hereby authorized and required, to draw on the treafury in favor of the on the treasury in commiflioners, or a majority of them, of Great Ogechee, for the fum of two hundred miffioners f oge- 2 chee for 2^ol. and fifty pounds ; alfo in favor of the commiflioners, or a majority of them, of Brier i n favor of thafeo* r c,eek fur creek, for the fum of one hundred pounds, which fums are hereby appropriated for m"i. the particular purpofes herein before recited.

III. And be itfurther enacled, That the commiflioners, before they enter upon the The commiffi- °ne " t0 £ IV< duties of their appointment, (hall give bond with good and fufiicient fecurity, in the , [ fum of five hundred pounds each, to his excellency the governor and his fuccefibrs in rity. office, for the faithful difcharge of the trufl repofed in them.

IV. And be it further e/iacled, That Thomas Lane, John M'Call, and John Lon- Commifskmers appointed for erect- 1 11 • i • rr r % r\ • don, be, and they are hereby appointed comrminoriers for the purpofe of creeling a ">ca conn home A l A * ; ' ° and' gaol in Et- COUrt finghain.

* See alterations and other commiffioHers appointed for a certain part ol the river by acl of 1793, No. 481. 428 DIGEST OF THE

B. A. 1790. court houfe and goal in the county of fEffingham ; and that Jacob Weed, Henry No. 443. Wright, and Thomas Stafford, be appointed commiffioners for the county of +Cam- Aiiv! for the like \. t • t • rr 1 1 . 1 purpufeincamceu den, lor the like purpofe ; which commiffioners mall give bond, as is herein before give buhil Hull , and lecurity. . directed, for the faithful performance of the duties required of them.

All laws relat- V. And be it further enabled by the authority aforefaid, That all laws heretofore ing to the clear- made, fo far as relate to the clearing of Brier creek, be, and the fame is hereby re- ing of Brier reek, repealed. pealed. JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor, December 10, 1790.

~~f Other commiffioners appointed. See act of 1791, No. 4J1.~~

~~No. 444. An Ac! to prevent the pernicious practice of hunting deer in the night time by fire light.~~

Perfonshunting E it enabled by the fenate and houfe of reprefentatives ofthe State of Georgia in gene- deer in the night ral afembly met, That from and immediately after the palling of this act, any by fire light to forfeit £$. perfon or perfons who fhall hunt with a gun by fire light or kill any deer fo hunting by fire light in the night time without his or their own enclofures, every fuch perfon or perfons being thereof convicted, upon the oath of one or more credible witnefs, before any juftice of the peace for the county where fuch offence fhall be committed, lhall for every fuch offence forfeit and pay, not exceeding the fum of five pounds, lhall paid to the informer informers, the half How to be ap- one half thereof be or and other into plied. the clerks office of the inferior court, and to be applied to the ufe of the poor of the county where fuch offence fhall be committed.

II. And be it further enabled, That the forfeitures incurred^by this act, as aforefaid, Hew recovered fhall be levied by diftrefs and fale of the offender's goods and chattels, lands and tenements, by warrant under the hand and feal of the juftice before whom the perfon or perfons fo incurring fhall be convicted, returning the overplus, if any, to the owner or owners thereof, after deducting the faid penalty or forfeiture and lawful

~~charges ; and in cafe the perfon or perfons fo offending and convicted fhall not have goods and chattels, lands or tenements, fufficient to anfwer fuch forfeiture and charges,~~

it (hall and may be lawful for fuch juftice to order fuch offender or offenders fo con- Offenders unable to pay, fhall victed, feverally to receive not exceeding thirty-nine lafhes, well laid on his or their receive39lafh.es. bare back.

III. And be it alfo enabled. That this (hall be deemed a public act, and given in evidence. JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.. NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor. December 10, 1790. An LAWS OF GEORGIA, 429

~~An Act to repeal all laws of this State refpeeling the admeasurement A - D - '79o. No. 44j. of lumber.~~

by representatives- the I. |3 E it enabled thefenate and houfe of of State of Georgia in general All laws fo far a s th rc s to met. That all laws of this State heretofore paiTed, fo far f y J afTembh as they re- , r ^\ late to the infpection or aameafurement of lumber, be, and the fame are hereby &c. of lumber

~~re ealcd - repealed. P JOSEPH HABERSHAM, Speaker of the Houfe of Reprefeniativcs,. NATHAN BROWNSON, Prefdeni of the Senate. EDWARD TELFAIR, Governor.~~

~~December 10,, 1790.~~

~~ggJ&dStfgC~~

~~An Acl for dividing the county ofWilkes ; andfor other purpofes. No. 44 5.~~

~~I. ~^$ E it enabled by the fenate and houfe of reprefentatives of the State of Georgia in Wilkes county~~

~~1 Tk _£3 general ajfembly met, That all that part or parcel of the county of Wilkes, J^"^ ^ lying on the north fide of Broad river, from the mouth thereof to the main fork, north fide of~~

fork to where it interfe£ts the line dividing the thence up the fouth main county of be called E^berT the reft Wilkes from Franklin, fhall be one county ; to be called, and known by the name of to re-

~~Elbert, and all that part of the faid county of Wilkes, lying on the fouth fide of Broad f Wilkes. Thecourt houfe river, (hall retain the name of Wilkes j. and the court houfe and gaol thereof fhall~~

~~• and gaol to con- . • 1 r -\~iT n 1 i r 1 i i i r be and continue at the town 01 Wainmgton, the place formerly appointed by law for tinue at the town " holding courts in faid county. of Wa~~

~~II. And be it further enabled by the authority aforefaid, That the juftices of the infe- The juftices of~~

the mrsr ' rior court of the county of Elbert, be, and they (or any three of them) are hereby or court t0 fix • - on . . ir l \l r 1 m . fully authorized and empowered to fix on the molt convenient place for building a the place for

hol d I ," g courts court houfe and gaol in the faid county of Elbert, and until fuch court houfe and . , * in -Elbert.r , . . r . . gaol (hall be compleated, the fuperior and inferior courts of faid county fhall be held at fome place to be agreed on by the faid juftices.

III. And be it further enabled, That the juftices of the inferior court of the afore- To con trad for authorized and empowered to bui!dlI 1 g the faid county of Elbert, are hereby contract with fome ,. , court houfe, and 1 1 % r • n i r r perfon or perfons to undertake, carry on and completely fimfh the aforefaid public gaol, and to ™ ,fe by coimt buildings on fuch plan, and in fuch manner and form as the faid juftices or any three J ; tax not exceeq-f or* _ of them fhall direct ; and when fuch public buildings fhall be compleated, to raife ing £250. by tax on faid county to be by them aiTelTed, fuch fum or fums of money as fhall be fufficient for the above purpofes, provided the fame does not exceed two hundred and fifty pounds.

~~IV. And be it alfofurther enabled, That the aforefaid county of Elbert fhall be enti- Entitled to one ei be in tllC~~

~~[" ' tied to elect: one *member to reprefent them in the houfe of reprefentatives out of the ? c \ * houle or repre- number allowed by the conftitution to the county of Wilkes. fcntatives-. V,~~

* Reprefentation to be according to enumeration, See confutation of 1798.. 43° DIGEST OF THE

A. Dw 1790. V. And be it enatled, That the time for holding the fuperior and inferior courts in No. 446, the county of Elbert, be on the Thurfday in the week for holding the fuperior and The tinte for holding; the inferior courts in the county of Franklin. Elbert, 'courts in JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, President of the Senate. EDWARD TELFAIR, Governor. December 10, 1790.

~~No. 447. An Atl to punifh perfons convicled ofjlealing horfes, affes, or mules, with death.~~

~~December 2, 1791.~~

~~Repealed by ail of l 792, No. 462.~~

No. 448. An Atl to repeal an atl, entitled " An Atl for inflitling penalties on, and confifcating the eflates of fuch perfons as are therein declared guilty of treafon, andfor other purpofes therein mentioned" fo far as refpecls the banfJjment of DoElor Thomas Taylor', Abfalom Wells, Corday Sharp, Benjamin Fox, William Powell, and John Johnjlon.

~~December 8, 1791.~~

~~No, 449. An Acl to quiet the heirs and reprefentatives cf the late Reverend Bartholomew Zuberbuhler-^ in and to a certain ejlate lying and being in the counties of Chatham and Glynn,~~

Preamble. WHEREAS the aforefaid Bartholomew Zuberbuhler, in and by his laft will and teftament made certain difpofitions of his eftate for benevolent purpofes, which were declared by the legiflature of the State of Georgia to be impracticable, and could not be carried into execution, in and by an act entitled, " An act to eftablifh an academy in the county of Chatham, snd for veiling certain property in Selina

~~conntets dowager of Huntingdon," palled at Augufta the firft day of February, one~~

~~thoufand feven hundred and eighty-eight : And it further appearing by the faid a£fc that the rights of any perfons legally the heirs of the faid Bartholomew Zuberbuhler~~

fhould not be barred from their claims : And whereas the legiflature by their act parTed at Augufta on the third day of February, one thoufand feven hundred and eighty-nine, did declare that Bartholomew and Jacob Waldburger, being then in poffeffion of the faid eftate, fhould keep the fame, fubject to an action of ejectment or claim of the faid truftees, that the right of the heirs and applicants to the fame might be de-

~~termined. 1~~

I. Be it therefore enatled, That the real eftate of the faid Bartholomew Zuberbuh- I:na&ed. The tltate real and ler, and of which he died pofTefled of, or was entitled to in the then province now ti,<>iomew zuber- State of Georgia, fhall go to and be veiled in the faid Bartholomew "Waldburger as ' b buliler Telted in . • _ , - , - . , the heirs of jarob elaeft ion and heir of his father Jacob Waldburger, who was the nephew of the faid Bartholomew ' .

~~LAWS OF GEORGIA. 435~~

Bartholomew Zuberbuhler, to hold to him the faid Bartholomew Waldburger, his A. D. 1791. No. 44?. h«rs and affigns for ever : And as to the perfonal eftate of the faid Bartholomew Zu- berbuhler, it fhall go to, arid be equally divided amongft the faid Bartholomew Wald- burger, Jacob Waldburger, and Henrietta, the wife of Zachariah Hofkins,. fons and daughter of the deceafed Jacob Waldburger, being the grand nephews and niece of the faid Bartholomew Zuberbuhler, and to their, and each of their heirs and affigns for ever, any law to the contrary notwithftanding ; fubject neverthelefs to the pay- Subject to payment of ment of lawful and juft debts, due and owing from the ellate of the faid Bartholomew the debts and £100 Zuberbuhler ; and fuch eftate to be affets in the hands of the faid Bartholomew and annually for four years to the Jacob Waldburger •, and fubjecl: alfo to an annuity of one hundred pounds for four truRees of Chat- years, payable to the truftees of the academy of the county of Chatham, to be applied ham academy .. for by them, and their fucceffbrs in office, for the fupport of the faid academy : On failure thereof the truftees aforefaid are empowered to fue for, and recover the fame: againft the faid Bartholomew and Jacob Waldburger in any of the courts of law within this State.

II. And be it further enabled, That all claims of the faid truftees of Chatham county, All further claims to the in and to the faid eftate of the faid Bartholomew Zuberbuhler (except as to the annu- fame by the. ity herein directed to be paid) (hall be and is hereby barred. truftees, hereby barred.

~~WILLIAM GIBBONS, Speaker of'the Houfe of' Reprefentatives. ' NATHAN BROWNSON, Prefdent of the Senate. EDWARD TELFAIR, Governor.~~

~~December 8, 1 791~~

~~An Ac! for the better regulating of the town of Sunbury.. No. 450,~~

WHEREAS the town of Sunbury requires regulation; Be it enabled by the Commiffioners of the town oft fenat-e and houfe reprefentatives the State Georgia in general ajfembly of of of Sunbury to be met, That on the fecond Monday in January, in the year one thoufand feven hun- appointed, annually —in dred and ninety-two, and on the fecond Monday in January in every third year what manner, thereafter, the proprietors of lots or houfes in the town of Sunbury, who fhall be of the age of twenty-one years and upwards, fhall meet at the place of holding the courts in the faid town, and under the direction of two or more juftices of the peace for the county of Liberty, proceed to ballot for five perfons, each of whom fhall be a proprietor of a houfe or lot in the faid town, of Sunbury, and fhall alfo be an inhabi-

tant thereof, and fhall have arrived to the age of twenty-one years ; which five perfons* (hall be ftyled Commiffioners of the Town of Sunbury. And the commiffioners fo To appoint a clerk and other chofen, or a majority of them, (hall meet on the Monday next following, and appoint a clerk and fuch other officers as they fhall deem neceffary to carry this act into execution.

II. And be itfurther enabled, That the commiffioners fo chofen fhall have full power The powers of' the faid coni» and authority to make fuch by-laws and regulations, and inflict or impofe fuch pains, miffioiiers.. penalties and forfeitures, as ihall be conducive to the good order and government o£ the .

~~432 DIGEST OF TH E~~

~~A. D. 179!. the laid town. Provided, fuch by-laws and regulations be not repugnant to the laws No. 451. 2nd conltitution of the State, or extending to life or member.~~

III. be it enacled, That it (hall and maybe lawful for the faid Refpedling af- And further commif- i'efla-.cntf. fioners, or a majority of them, yearly and every year to make, lay and a fiefs, a rate or afTeffment, upon all and every perfon or perfons who do or fhall inhabit hold ufe, occupy, poffefs or enjoy any lot, ground, houfe, building, tenement, or hereditament within the limits of the town of Sunbury, for railing fuch fum or fums of money, as the faid commiffioners or a majority of them (hall judge neceffary for and towards

carrying this act into execution j and in cafe of a refufal or neglect to pay fuch rate or affeffment, the fame fhall be levied and recovered by warrant of diftrefs and fale of the offender's goods, under the hands and feals of the faid commiffioners or a majority of them, or under the hand and feal of any juftice of the peace for the county of Liberty.

Appointed com- IV. And be it further enabled, That the perfons fo chofen to be the commiflioners mifiioners of pi- of the town of Sunbury be, and they are hereby appointed to be commiffioners to lotage for the port of Sunbu- fuperintend the pilotage of the port of Sunbury ; and alfo have, and are hereby vefled ry ; and to act with the power and authority of juftices, fo far as to keep the peace, and preferve asjuftices oi the peace. good order in the faid town. WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Preftdent of the Senate. EDWARD TELFAIR, Governor.

~~December 8, 1 79 1~~

No. 45a. Jin Act to empower thefenators or onefenator and two reprefentatives from this State in the congrefs of the United States* tofign, feal and deliver a deed of teffion of the light houfe on Tybee i/land, and five acres of land belonging thereto to the United States.

The light houfe I. -113 E it enacted by thefenate and houfe of reprefentatives ofthe State of Georgia in general onTybeeifiand, met, from immediately after the paffing of this act, it fhall with five acres & Jt affembly That and of land to be ce- be lawful for the fenators of this State in the congrefs of the United States, or for ded to the Uni- ted States. one of the faid fenators, with any two of the reprefentatives of this State to the faid congrefs, to flgn, feal and deliver a deed of ceflion to the United States on behalf of this State, of the light houfe on Tybee ifland, of the property and jurifdiclion of this State, of, in, and to the fame, and of five acres of land neareft adjoining and belonging thereto, to hold the fame and every part thereof to the faid United States

I'rovifo. for ever. Provided always, That the faid United States fhall keep the fame in proper To be kept in pro. per repair ami fup. repair, and fhall fupply the fame with the neceffary lights. And provided alfo, That plied with lights. Provifa. the ac~t allowing three pence per ton for clearing and removing wrecks and other The tonnage of 3^ obftructions in the liver Savannah, be until fame fhall completely be continued until continued the be the wrecks, etc. cleared. the Reprefentatives. lie completely re- WILLIAM GIBBONS, Speaker of Houfe of moved. NATHAN BROWNSON, Preftdent of the Senate. EDWARD TELFAIR, Governor.

~~December 15, 1 79 1. An .~~

~~LAWS OF GEORGIA. 433~~

~~I An Acl to grant monies for the purpofe of building and repairing court A - D - 79*- houfes and gaols.~~

~~WHEREAS it is but reafonable that government fhall render its fupport and Preamble. aid towards building and repairing court houfes and gaols in the different~~

counties in addition to the private tax of each county herein directed to be levied ; Be it enabled by thefenate and houfe of reprefentatives of the State of Georgia in general Enacted. The commiJHwiers affembly met, and by the authority of the fame, That the commiffioners of the court of'the courc lioiifeS ad gaols in the re- houfes and gaols for the feveral counties which have not heretofore received fuch fpecVive counties which Lave not fum of money from the government fubfequent to the refolution for the purpofe of h' retofo>-e recei 1 ed filch fum!, may building court houfes and gaols, (hall be and they are hereby entitled to receive from receive looi. out of the public trea- the public treafury, for and to the ufe of faid feveral court houfes and gaols, the fury for the ufe of the Came. fum of one hundred pounds fterling, the faid feveral commiffioners giving fecurity for the faithful application of fuch monies to the ufes intended by this a£t.

mayor al- II. And be it further enabled, That the mayor and aldermen of the city of Savan- The and dermen wf ihe ciiy nah, for the time fjeing, and their fucceflbrs in office fhall be, and they are hereby of Savannah to be com in ifdoners of appointed commiffioners of the court houfe and gaol in Chatham county. the com: houfe and gaol of Chatham III. And be it further enabled, That the mayor and aldermen to be appointed for Thofe of Augufta tube commilsi'in- the corporation of the town of Augufta and their fucceflbrs in office be, and they ers of the court houfe and gaol in are hereby veiled with powers of regulating a court houfe* and gaol for the county Richmond. of Richmond.

IV. And be it further enabled, That Larkin Cleveland, Thomas Arington, John Cotmr.ifsioners appointed for the Conner, fenior, Burwell Pope, and William Harden be, and they are hereby appoint- court houfe and. gaol in Franklin. ed commiffionersf for building the court houfe and gaol for Franklin county.

~~V. And be itfurther enabled, That John Michael, John Mcore, and John M'Call,~~

be, and they are hereby appointed commiffioners for building a court houfe and gaol For the county of Effingham. in Effingham:): county : And James Dunwoody, James Powell, and Francis Cod- dington be, and they are hereby appointed commiffioners for building a court houfe Liberty. and gaol in Liberty:): county : And that Hugh Brown, Abner Williams and Alexander Young be, and they are hereby appointed commiffioners for building a court houfe and gaol in CamdenJ county : And that John Braddock, Samuel Wright, and John Camden. Burnett be, and they are hereby appointed commiffioners for building the court houfe and gaol in Glynn Glynn. || county.

VI. And be it further enabled, That the commiffioners already eftablifhed, toge- Additional commiffioners ther with John Walton, Solomon Ellis, James Sims, and Benjamin Catchings, fhall appointed for the court houfe be commiffioners for the court houfe § and gaol in the county of Columbia, and in and gaol in Co- cafe the place whereon the prefent court houfe and gaol now is, fhall not be found lumbia— cer- on examination to be in a central fituation, that then the faid commiffioners, or a tain povvtrs vefted in them. majority of them, fhall have power to fell and difpofe of the fame, and with the

~~I i i monies~~

* Corporation aft repealed ; and other commiffioners appointed. See act of 1795, No, 529. Additional commiffioners appointed by act of 179a, No. 464. J- court gaol direction of inferior i By act of 1796, No. 555, houfe and under court. appointed by act of No. 606. j) Other commiffioners 1 79 7, § Under direction of the inferior court. See act of 1 796, No. $55. 434 - DIGEST OF THE

A. D. 1791. monies arifing from fuch fale, and the fum allowed by this law, it fhall be the duty No. 452. f t ^Q fa£ comm iffioners t0 contrail: for another court houfe and gaol, to be erected or to remove the old court houfe to fuch fpot, as a majority of the faid comrniffion- Provifo. ers may determine to be proper as aforefaid, at their option. Provided, That the fuperior and inferior courts for the county of Columbia fhall be held at the court houfe now erected, until another court houfe fhall be built, or the commiffioners

Provifo. therein appointed fhall find it neceffary to fell or remove the fame ; And provided, nat *h\s act ihall not to the of from receiving Rkhmon'dfliail ^ extend exclude county Richmond not be excluded fuch hundred pound, that county being divided fince the receipt of fuch monies for

VmS ** ie es °f t ^ie and and faid building being erected in fuchVtoo ^ u court houfe gaol ; the that part of the county now known as Columbia. And provided always, That if the monies avifing from the fale of fuch court houfe fhall not be fufficient to build and complete the new one, the- balance fhall not be raifed by any county tax or allowance from the public funds, but by fubfeription only.

County tax for VII. J And be it further enabled, That the juftices of the inferior courts of each 01 *^ count in- this State may levy a tax in fpecie upon the feveral perfons liable to houfe&ande / pay tax in the refpective counties, not exceeding one fifth part of fuch perfons general tax, and not exceeding the fum of three hundred pounds for each county to be col-

lected by the tax collector in their refpective . counties, and by faid collectors paid u into the hands of fuch commiihoners after deducting two and an half per centum. Provided, That nothing in this act fhall extend to the collection of a tax for the counties of Columbia and Elbert.

~~WILLIAM GIBBONS, Speaker of the Houfe of' Reprefentatives. N. BROWNSON, Preftdent of the Senate. EDWARD TELFAIR, Governor.~~

~~December 15, 1 791.~~

* This act is repealed by acT; of 1792, No. 478.

~~No. 452- An Acl to explain an acl, entitled, " An acl to eflabliflo an academy in the county of Chatham, andfor vefiing certain property in Selina~~

~~countefs dowager of Huntingdon."~~

Preamble. "lE"^ 7"HEREAS, there is in this State a considerable property, known and diflin- \' V guifhed by the appellation of Bethefda college, or orphan houfe eflate, originally intended for an academy, and devifed in trufl by the late Reverend George Whitefieldj for literary and benevolent purpofes, to Selina countefs dowager of Hun- " tingdon ; and the fame was, in and by an act, entitled An act to eftablifh an academy in the county of Chatham, and for veiling certain property in Selina countefs

~~dowager, of Huntingdon," vefted in her accordingly : And whereas the faid Selina~~

~~countefs dowager of Huntingdon was a Biitifh fubject, and is, fince the paffing the~~

~~faid actj departed this life, whereby the faid truft is concluded, and the heirs of the faid~~