DIGEST
OF THE

FROM ITS /SETTLEMENT AS A BRITISH PROVINCE, IN 1755, TOTHIV SESSION OF THE GENERAL ASSEMBLY IN 1800,-INCLUSIVE, ;

ComptefjenWng

. .

All the Laws pailed within the above periods, and now in force, alphabetically arranged under their reipeclive Titles: Alfo the State Confutations of 1777 and 1789.,. with the additions and amendments in 1795, and the Conltitution of 1798*

TO WHICH IS ADDEDj

AN APPENDIX:

Compelling

-\ , .

. -

T/fac Declaration of American Independence; the Articles of Confederation mid perpetual Union; the 1cdcral ConlUtiition, with the amendments thereto: all the Treaties between the United States and foreign Nations; the Treaties between the United States and the different tribes of Indians; and thofe between the State of Georgia and the Soutlieni and WVftem Indians.

WITH

"

. *.

A COPIOUS INDEX TO THE WHOLE.

Compiled) arranged and digs/ledfrom the original Recvrds, and under the facial Aulawity of tJi Stati,

BY HORATIO MARBURY 5" WILLIAM H. CRAWFORD,
seg!s^a!aBgEg^i^j!iL^ga^^^

-P..Rv:IN ."T. ED

BY SEYMOUR,
10o02

- QEQR a

&o

TO
HIS EXCELLENCY
fame* Jacfeson,
Governor and Commander in Chief of the Army and Navy of this State^ and of the Militia thereof.

In conformity to an aEl of the General Assembly, passed at Louisville, on the sixth day of December one thousand se ven hundred and ninety-nine, entitled " An acl to carry into effect the eighth seElion of the third article of the Constitution" we presentand report for the examination of your Excellency, a collection of the lawsof this State, now in force, arranged agreeably to the order pointed out in the said article.

Louisville, adl March, xSoi.j

HOR. MARBURY, 1 WM. H. CRAWFORD,
*

* **

c

THE CONSTITUTION
OF THE
of
"WHEREAS the conduft of the legiflature of Great-Britain, for many years paft, has been fo oppreflive on the people of America, that of late years they have plainly declared, and afferted a right to raife taxes upon the people of America, and to make laws to bind them in all cafes whatfoever, without their confent; which coriduft. be ing repugnant to the common rights of mankind, hath obliged the Americans, as free men, to oppofe fuch oppreffive meafures, and to affert the rights and privileges they are entitled to, by the laws of nature and reafon; and accordingly it hath been done by the general confent of all the people of the ftates of New-Hampfhire, Maffachufetts-Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the counties of New-Caftle, Kent and Suflex on the Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, given by their reprefentatives met together in General Congrefs in the city of Philadelphia.
And whereas it hath been recommended by the faid Congrefs on the fifteenth of May laft, to the refpeftive affemblies and conventions of the United States, where no government, fufficient to the energies of their affairs, hath been hitherto eftablifhcd, to adopt fuch government, as may, in the opinion of the reprefentatives of the people, ^beft conduce to the happinefs and fafety of their conftituents in particular, and America in general.
And whereas the independence of the United States of America has been alfo de clared, on the fourth day of July, one thoufand feven hundred and feventy-iix, by the faid Honorable Congrefs, and all political connexion between them and the crown of Great-Britain is in confequence thereof diffolved.
We therefore the reprefentatives of the people, from whom all power originates, and for. whofe benefit all government is intended, by virtue of the pawer delegated to us, do ordain and declare, and it is hereby ordained and-declared/that the follow ing rules and regulations be adopted for the future government of the ftate.,. -.-.

CONSTITUTION,

T

it I. The legislative, executive, and judiciary departments fhall be feparate anddif. tjn g. } f0 tjlat neit})er ex ercife the powers properly belonging to the other.

pSiumT II- The legiflature of this ftate fliall be compofed of the reprefentatives of the people, as is herein after pointed out: and the reprefentatives fliall be elefted yearly, and every year, on the firft Tuefday in December; and the reprefentatives fo elefled fhall meet the firft Tuefday in January following, at Savannah, or any other place
oniie cover-or places where the Houfe of Affembly for the time being fhall direft. On the firft day of the meeting of the reprefentatives fo chofen, they {hall proceed to the choice of a Governor, who fliall be ftiled Honorable; and of an executive coun cil, by ballot, out of their own body; viz. two from each county, except thofe coun ties which are not yerentitled to fend ten members. One of each county fliall always attend where the governor refides, by monthly rotation, unlefs the members of each county agree for a longer or fliorter period; this is not intended to exclude ei ther member attending : the remaining number of reprefentatives fliall be called the Houfe of Aflembly.: and the majority of the members of the faid houfe fliall have power to proceed to bufmefs.

/Viipmlilytobe aunu.il.

III. It fhall be an unalterable rule, that the Houfe of Aflembly fliall expire, and

be at an end yearly and every year, on the day preceding the day of election men

tioned in the foregoing rule.

Ten members IV. The reprefentatives fliall be divided in the following manner; ten members

from-each county except Liberty-it has fourteen.

from each county, as is contains three parifhes,

herein after directed, except the county of Liberty, and that fliall be allowed fourteen. The ceded lands

which north

Wilkct. of Ogechee fhall be one county, and known by the name of Wilkes.

The parifh of St. Paul fliall be another county, and known by the name of RichRichmond. mond.

The parifh of St. George fliall be another county, and known by the name of

Bu/kc.

Burke.

The parifli of St. Matthew, and the upper part of St. Philip, above Canouchee, Bffinghara. fhall be another county, and known by the name of Effingham.

The parifli of Chriit Church, and the lower part of St. Philip, below Canouchees tathiun. fhall be another county, and known by the name of Chatham.

The parifli of St. John, St. Andrew, and St. James fliall be another county, Liberty. and known by the name of Liberty.

The parifh of St. David and St. Patrick fliall be another county, and known Clyna. by the name of Glynn.

The parifh of St. Thomas and St. Mary fliall be another county, and known

Camtlen. by the name of Camden.

Tour members The port and town of Savannah fliall be allowed four members to reprefent their

for ttic port & town of Sa

trade.

vannah, f wo for Sun

The port and town of Sunbury fliall be allowed two members to reprefent their

dry.

trade.

Representa V. The two counties of Glynn and Camden fliall have one reprefentative each, and

tives of new counties ap

alfo

they,

and all other counties that may hereafter be laid out by the Houfe of Af-

portioned. fembly, fliall be under the following regulations, viz. At their firft inftitution, each

county fhall have ouc member, provided the inhabitants of the faid county fliall have

CONSTITUTION,

.

ten eleaors ; and if thirty, they fhall have two ; if forty, three; if fixty, four if eighty fix if an hundred and upwards, ten ; at which time two executive coun-
fellorsfhall be chofen from them, as is direaed for the other counties.^

VI. The reprefentatives fliall be chofen out of the refidents in each county, who fhall have refided at leaft twelve months in this ftate, and three months in the county where they mail be elefted ; except the freeholders of the counties of Glynn and Camden, who are in a ftate of alarm, and who fliall have the liberty of chobfmg one member each, as fpecified in the articles of this conftitution, in any other county, until they have refidence fufficient to qualify them for more : And they fhall be of the proteftant religion, and of the age of twenty one years, and fhall be poffeffed in their own right of two hundred and fifty acres of land, or fome property to the
amount of two hundred and fifty pounds.

VII. The Houfe of Affembly fhall have power to make fuch laws and regulations Aemwy to

as may be conducive to the good order and well being of the ftate; provided fuch ! .&

laws-and regulations be not repugnant to the true intent and meaning of any rule

or-regulation contained in this conftitution.

The Houfe of Affembly fliall alfo have power to repeal all laws and ordinances Mayrere*i

they find injurious to the people: And the houfe fhall choofe its own fpeakef, ap- Cho^u.

point its own officers, fettle its own rules of proceeding, and dire6l writs of elec- othcrorfsrs,
t"jon for fupplyi.ng i. nte. rm. ediate vacanci.es; andi mn ai1l1 hi ave power orf adi-journ me' nt awnidtdiorfcfeties-

to any time or times within the year.



VIII. All laws and ordinances fliall be three times read, and each reading fliall "njSwffcI be on different and feparate days, except in cafes of great neceffity and danger; and all laws and ordinances fliall be fent to the executive council, after the fecond reading, for their perufal and advice.

IX. All male white inhabitants, of the age of twenty one years, and poffeffed in ^Sj,m

his own right of ten pounds value, and liable to pay tax in this ftate, or being of

any mechanic trade, and fliall have been refident fix months in this ftate, fliall have

a. right, to vote at all elections for reprefentatives, or any other officers herein agreed

to be chofen by the people at large; and every perfon having a right to vote at any

election, fhall vote by ballot perfonally.



*

J

Eicaion by
ballot.

X. No officer whatever fliall ferve any procefs, or give any other hinderance to jo**<>*

any perfon entitled to vote, either in going to the place of election, or during the VTM'

time of" the faid eleQion, or on their returning home from fuch election; nor fhall

any military officer, or foldier, appear at any eleftion in a military character, to the

intent that all elections may be free and open.

> '.

XI. No perfon fhall be entitled to more than one vote, which fliall be given in the Eicaen to county where fuch perfon refides, except as before excepted; nor fhall any perfon S^lSuE who holds any title of nobility be entitled to a vote, or be capable of ferving as a re- N^S prefemative, or hold any pofl of honor, profit or truft in this ftate, whilft fuch ^'"TM'
per urn clauns his title of nobility; but if the perfon fliall give up fuch diftinQion, in

8 .

,. .

CONSTITUTION,

the manner as may be directed by any future legiflaturc, then, and in fuch cafe, lie

fliall be entitled to vote, and reprefent, as before direted ? and enjoy all the other

benefits of a free citizen,

.

):ti4to"e. XII. Every perfon abfenting himfelf from an election, and fliall neglect to give in his or their ballot, at fuch election, fliall be fubject to a penalty not exceeding five pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed out and direQed by act of the legiflature; provided neverthelefs, that a reasonable excufe fliall be admitted,

penu?it XIII. The manner of electing reprefentatives fliall be by ballot, and fliall be tatobebytuiu. jcen ky , WQ or morc juices O f th e peace, in each county, who fliall provide a con
venient box for receiving the faid ballots; and on doling the poll, the ballots fliall be compared in public, with the lift of votes that have been taken, and the majority immediately declared; a certificate of the fame being given to the perfons declcd, and alfo a certificate, returned to thehoufe of reprefentatives.

actors o.ith. XIV. Every perfon entitled to vote {hall take the following oath, or affirmation^ if required, viz. I, A. B. do voluntarily and folemnly fwear, or affirm, as the cafe may be, that I do owe true allegiance to this ftate, and will fupport the conftitution thereof. So help me God.

Represent^ swum, 10
uwiroath,

XV. Anyfive of the reprefentatives elected, as before directed, being met, fhall have power to adrninifter the following oath to each other ; and they or any other member, being fo fworn, fhall in the houSe adminifter the oath to all other mem bers that attend, in order to qualify them to take their feats, viz,
* I, A. B. do folemnly fwear, that I will bear true allegiance to the ftate of Geor gia, and will truly perform the trufls repofed in me ; and that I will execute the fame to the beft of my knowledge, for the benefit of this ftate, and the fupport of the conftitution thereof; and that I have obtained my election without fraud or bribe whatever. So help me God.

<-ont-mcntai XVI. The continental delegates fliall be appointed annually by ballot, and fliall f.o!Se TOu. have a right to fit, debate and vote, in the Houfe of Aflembly, and be deemed a part A pin of the thereof; fubject however to the regulations contained in the twelfth article of the
- confederation of the United States,

who r!nc4. XVII. No perfon bearing any poft of profit under this ftate, or any perfon bear-

*w. .^ ^^ military commiflion, under this or any other ftate or ftates, except officers

of themilitia, fliall be elected a reprefentative. And if any reprefentative fhall be

appointed to any place of profit or military commiflion, which he fhall accept, his

feat fliall immediately become vacant, and he fhall be incapable of re-election, whilft

holding fuch office.

By this article, it is not to be underftood that the office of a juftice of the peace

is a poft of profit.





XVIII. No perfon fliall hold more than one office of profit, under this ftate, at
tlmt one of-

CONSTITUTION.

.

9

XIX .The governor fliall, with the advice of the executive council, exercife the f^fSw8 * executive"powers of government, according to the laws of this ftate and the con-p^ Uitution thereof; fave only in the cafe of pardons, and remiffion of fines, which he fhall in no inftance grant; but he may reprieve a criminal, fufpend a fine, until the
meeting of the Afiembly, who may determine therein as they fliall judge fit.

XX. The governor, with the advice of the executive council, fliall have power to Mi ,ay cowrewc -call the Houfeof Affembly together, upon any emergency, before the time which 1 "ic Assembly. they ftand adjourned to.

XXL The governor, with the advice of the executive council, fliall fill up all intermediatc vacancies that fliall happen in offices till the next general election : And all commiffiQhs,.civiland military, (hall be iflued by the governor, under his hand,, and
the great feal of the ftate,

XXlt. The governor may prefide in the executive council at all times, except wiwhen they are taking into consideration, and perufing the laws and ordinances offered r
to them , by the Houfe of Aflemblyi.

The governor fliall be chofen annually by ballot, and fliall not be eligible ;j:*!;j^io" & to the faid office for more than one year out of three, nor fliall he hold any military commiffion under any other ftate or ftatcs.
The governor fhall reiide at fuch place as the Houfe of Affembly for the time be- HIMCing fhall appoint,

XXIV. The governors oath i
I, A. B. elefted governor of the ftate of Georgia, by the reprefentatives there- **<*; of, do folemnly prornifc and fwear, that I will, during the term of my appointment, to the beft of my (kill and judgment, execute the faid office faithfully and confcientioufly, according to law, without favor, affeclion, or partiality; that I will to the utmofi of rny power, fupport, maintain and defend the ftate of Georgia, and the constitution of the fame, and ufe my utmoft endeavors to frotecl the people there of in the fecure enjoyment of all their.rights, franchifes and privileges; and that the laws and ordinances of the ftate be duly obfervedj and that law and juftice in mercy be executed in all judgments. And t do further folemnly promife and fwear, that I will peaceably and quietly refigh the government to which I have been elected, at the period to which my continuance in the faid office is limited by the conftitution : And laftly, I do alfo folemnly fwear, that I have not accepted of the government wheretin to I am elected contrary to the articles ;of this conftitution. So help me God.
This oath to be adminiftered to him by the fpeaker of the Affembly.
The fame oath to be adminiftered by the fpeaker to the prefident of the council. oijdi:rtti No perfon fliall be eligible to the office of governor who has not refided three years in this ftatCi

XXV. _The executive council fhall meet the day after their eleftioni and proceed feicaioh to the choice of a prefident out of their own body they fliall have power to appoint S their own officers, and fettle their own rules of proceedings, The council fhall al- luiicilto ways vote by counties, and riot individually.
B

10

CONSTITUTION,

Steed.110* XXVI. Every counsellor, being prefent, fhall have power of entering. his proteft againft anymeafures in council he has not contented to ; provided he does it in three days.

c^undHoex- XXVII. During the fitting of the Affembly, the whole of the executive, council * ordmancet. fhall attend, unlefs prevented by iicknefs, or foine other urgent neceflity ;. and iirthat
cafe, a majority of the council fhall make a board to examine the laws and ordinan ces fent them by the Houfe of Affembly; and all laws and ordinances fent to the council fhall be returned in five days aiter, with their remarks thereon.

pSgamffi- XX VIII. A committee from the council, fent with any propofed amendments to wsnu. any law or ordinance, fhall deliver their reafons for fuch propofed amendments, fit
ting and covered; the whole houfe at that time, except the fpeaker, uncovered.

ScntshaiFaa XXIX. Theprefident of the executive council, in the abfence or ficknefs of the ^governor, governor, fliall exercife all the powers of the governor.

Governormay XXX. When any affair that requires fecrecy fhall be laid before the governor and

ca"to tLsecrc" tne executiye council, it fhall be the duty of the governor, and he is hereby obliged

council. to adminifter the following oath, viz.

i j^ ^ g ^0 f0 iemniv fwear, that any bufinefs that mall be at this time commu

nicated to the council, I will not, in any manner whatever, either by fpeaking, wri

ting or otherwife, reveal the fame, to any perfon whatever, until leave given by the

council, or when called upon by the Houfe of Affembly; and all this I fwear with-

out any, refervatioa whatever. So help me God.

to

And the fame oath fhall be adminiftered to the fecretary and other officers neceffary

Kreti"7- to cariy ^e bufinefs. into exeeutioiu

o?ueKu- XXXI. The executive power fliall exift till renewed as pointed out by the rules of
tire power. th j s con ft ituti(jn>
en the5 XXXI I. In all tranfaCtioiis between the legiflative and executive bodies, the- fame be communicated by meffage, to be delivered from the legiflative body to the
governor or executive council by a committee; and from the governor to the Houfe of Affembly by the fecretary of the council; and from the executive council by a committee of the faid council.

XXXIII. The governor, for the time being, fhall be captain-general andcommander in chief over all the militia, and other military and naval forces belonging: to this ftate.

XXXIV. All militia commiffions fhall fpecify, that the perfon commiffioned fhall continue during good behaviour.

formed.

XXXV. Every county in this ftate that has, or hereafter may have, two hundred

and fifty men and upwards-, liable to bear arms, fhall be formed into abattalion; and

when they become too numerous for one battalion, they fliall be formed into more,

by bill of the legiflature; and thofe counties that have a lefs number than two hundred

and fifty, fliall be formed into independent companies,

CONSTITUTION*

it

X XXVI There fliall be eftablifhed in each county a court, to be called a Superior S Court, to be held twicein .each year. On the firft Tuefday in March in the county

of Chatham;

.

The fecond Tuefday in March in the county of Emngnam,j

Thethird Tuefday in March in the county of Burke;

The fourth Tuefday in March in the county of Richmond;

The next Tuefday in the county of Wilkes;

And Tuefday fortnight in the county of Liberty;

The next Tuefday -in the county of Glynn; The next Tuefday in the county of Camden: The like courts to commence in

.Otlober, and continue as above.

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

XXXVIII. All matters in difpute between contending parties refiding in different counties, /hall be tried in the county where the defendant refides, except in cafes of
eftates, which Ihall.be tried in the county where fuch real eftates lies.

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

XL. All caufes of what nature foever, mail be tried in the fupreme court, except as orgnitio hereafter mentioned; which court mail confift of the chief juftice, and three or more offfsupS of the juftices refiding in the county; in cafe of the abfence of the chief juftice, the fenior juftice on the bench mall act as chief juftice, with the clerk of the county, at torney for thd ftate, fheriff, coroner, conftable, and the jurors. And in cafe of the abfence of any of the aforementioned officers, the juftices to appoint others in their room fro tempore. And if any plaintiff or defendant in civil caufes fliall be difiatis- wgutof ?fied with the determination of the jury, then and in that cafe they mall be at liberty " within three days to enter an appeal from that verdi-S, and demand a new trial by a jpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, ^Snerof
fliall choofe fix; fix more names fliall be taken indifferently out of a box provided "" for that purpofe; the whole eighteen to befummoned, and their names to be put to gether into the box, and the firft twelve that are drawn out, being prefent, fliall be
the fpecial jury to try the caufe, and from which there fliall be no appeal.

XLI. The jury {hallbe judges of law as well as of fa8, and fliall not be allowed JU,T Mge.oi to bring in a fpecial verdid; but if all, or any, of the jury have any doubts concern- tawandlSa> ing points pf law, they fliall apply to the bench, who fliall each of them in rotation -give their opinion.

XLII. The jury fliall be fworn to bring in a verdift according to law, and the

opinion they entertain of the evidence; providedlt be not repugnant to-the rules and

regulations contained in this conftitution,

l



. -

it

CONSTITUTION.

XLIII. The fpecial j ury fhall be fworn to bring in a verdift according to law, and the opinion they entertain of the evidence; provided it be not repugnant tojuftice, equity and confcience, and the rules and regulations contained in this conftitutioiij of which they-fhalljudge.

XLI V, Captures, both by fea and land, to be tried in the county where fuch fhall .j^ carrjecj m . a fpecjal court to be called by the chief juftice, or in his abfence, by
the then fenior juftice in the faid county, upon application of the captors or claim ants; which caufe fhall be determined within the fpace of ten days. The mode of proceeding and appeal fhall be the fame as in the fuperiqr courts; unlefs after the fecond trial an appeal is made to the continental congrefs; and the diftance of time be tween the firft and fecond trial (hall not exceed fourteen days: And all maritime cau-? fes to be tried in like manner.

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

urtofcon- XLVI. That the court of confcience be continued as heretofore praftifed, and tieJat!JU that the jurifdiclion thereof be extended to try caufes not amounting to more thsui
ten pounds.

?r? ofcxecu~ XLVII. All executions exceeding five pounds, except in the cafe of a court-mer

u41*} .

. chant, fhall be flayed until the firft Monday in March; provided fecurity be given
for debt and cofts.

||

SSfo"ndoC n" XLVIII. All the cofts attending any aclion in the fuperior court {hall not exceed

"^0? the the fum of three pounds; and that no caufe be allowed to depend in the fuperior court

toons, longer than two terras.

,Q

officer^cmoeunAtasbsleemtboly.

XLIX. Every officer jrj ou {e or AlfembJ ly.

of the

ftate

fiiall be

liable to be called

to account by the J

Records to be L. Every county fhall keep the public records belonging tothe fame, andauthen-

propernc*m- ticatcd copies of the feveral records now in thepofleffion of this ftate fhall be made

<{

"es

out, and depofited in that county to which they belong.

beeiuaiied.0 LI- Eftates fh^l not be entailed; and when a perfon dies inteftate, his or her eftatc Distribution, fiiall be divided equally among their children; the widow fiiall have a childs (hare,
or her dower, at her option: All other inteftates eftates to be divided according to the aft of diftribution made in the reign of Charles the Second^ unlefs otherwife alter
ed by any future aQ; of the legiflature.

Kwwof LII.-A regifter of probates ftiall be appointed by the legiflature in every county, frotete,. for proving wills, and granting letters of adminiftration.

f county of- LIIL All civil officers in each county fhall be annually elecled on the day of th hccrs> general election; except juftices of the peace and regifters of probates, who ftiall be
appointed by the Houfe of Aflembly.

Kreaion of LIV. Schools fhall be erefted in each county, and fupported at the general expence ;."W1CK|M7" of the ftate; as the legiflature mail hereafter point out and

CONSTITUTION.

LV

A court-houfe and jail to be erefted at the public

ex pence in

each

county,

,<Of court-huu-
ics-and jails.

where the pre-fent convention or the future legiflature lhall point out and direct.

LVI. All perfons whatever fhall have the free exercife of their religion; provided ^ it be not repugnant to the peace and fafety of the ttate; and fhall not, unlels by confent, fupport any teacher, or teachers, except thole of their own profeffion.

LVII. The great feal of this ftate fhall have the following device: on one fide a G^icai,ii fcroll, whereon fhall be engraved, " The Conftitution of the ftate of Georgia;" and the motto," Pro bonopublico:" on the other fide an elegant houfe, and .other buildings; fields of corn, and meadows covered with fheep and cattle; a river running through the fame, with a fhip under full fail; and the motto, " Deus nolns hac otiafecit,"

LVIII. No perfon fhall be-allowed to plead in the courts.of law in this ftate, except *dtS!S." cr thole who are authorifecl fo to do by the Houfe of Affembly; and if any perfon fo authorifed fhall be found guilty of mal-pra&ice before the Houfe of Affembly, they fhall have power to fufpend them. This is not intended to exclude any perfon from that inherent privilege of every freeman, the liberty to plead his own caufe.

LIX. Exceflive fines fhall not be levied, nor exceffive bail demanded.

nriontctSoabme eibx,u
cessive.

LX.. The principles of the habeas corpus aft fhall be a part of this cdnftitution. Habeas corpw,

LXI. Freedom of the prefs, and trial by jury, to remain inviolate for ever.

r



J J ]

Freedom of
the prcft arid trial by jury.

LXII. No clergyman of any denomination mail be allowed a feat in the Icgifla- g^w ind!s;"

ture.

JLXIII. No alteration fhall be made in this conflitution without petitions from a grSSmajority of the counties, and the petitions from each county to be figned by a ma- tcred< jority of voters in each county within this ftate; at which time the Affembly fhall order a convention to be called for that purpofe, fpecifying the alterations to be
made, according to the petitions preferred to the Affembly by the majority of the counties as aforefaid.

Done at Savannah, in Convention, the fifth day of February, in the year of our Lord one thoufand feven hundred and feventy.-feven, and in the firft year of the independence of the United Sates of America..

(Beotgia,

E the underwritten delegates from the people, in convention met, do declare, that

the following articles fhall form the conftitution, for the government of this ftate

and, by virtue of the powers in us veftecl for that purpofe. do hereby ratify and

confirm the fame,

.

.

; 7.

CONSTITUTION,

THE CONSTITUTION OF THE STATE OF GEORGIA.

ARTICLE I.
lBionthede * ^ie ^egiflative power fliall be veiled in two feparate and diftinl branches, to iwrette c wit, a Senate and Houfe of Reprefentatives, to be ftyled, " The General Aflembly."

Election and 2. The Senate fhall be eleflecl on the firft Monday in O6to.ber.in every third year,

until continuance of
(lie Senate.

fuch day of

eleflion be altered by

law,

and

fhall be

eompofed

of

one member

from each county, chofen bythe electors thereof, and fliall continue for the term of

three years.

3. No perfon fliall be a member of the Senate, who fhall not have attained to the age of twenty-eight years, and who fliall not have been nine years an inhabitant of the United States, and three years a citizen of this ftate, and fhall be an inhabitant
of that county for which he fliall be elefted, and have refided therein fix months
immediately preceding his election, and fliall be poffefTed in his own right of two
hundred and fifty acres of land, or fome property to the amount of two hundred
and fifty pounds.

of president of Senate.

4. The Senate fliall cleft by ballot, a prefident out of their own body.

Senate to try 5. The Senate fhall have folely the power to try all impeachments.
ail impeach ments.
election of members for the Houfe of Reprefentatives, fhall be annual, on the firft Monday inOftober, until fuch day of election be altered by law, and fliall be eompofed of members from each county, in the following proportions; Camden, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke, four ; Richmond, four; Wilkes, five; Wafhington, two; Greene, two; and Franklin, two.

Their qualifi- 7. No perfon fliall be a member of the Houfe of Reprefentatives, who fliall not Bitiom. have attained to the age of twenty-one years, and have been feven years a citizen of
the United States, and two years an inhabitant of this ftate, and fliall be an inhabitant of that county for which he fliall be elected, and have refided therein three months immediately preceding his eleSion, and fhall be pofleffed in his own right of two hundred acres of land, or other property, to the amount of one hundred and fifty
pounds.

PJcflion of speaker and

8. The Houfe of Reprefentatives fhall choofe their fpeaker and other officers.

other officer!.

The power of Q. They fhall have folely the power to impeach all perfons who have been, or Impeachment:. may ibe in ofrfrice.

Disqualifica tion.

10. No perfon holding a military commiffion, or office of profit, under this or the

United States, or either of them, (except juftices of the peace and officers of (he

militia) fliall be allowed to take his feat as a member of either branch of the General

Aflembly; nor fhall any fenator, or reprefentative beelettedto any office of profit,

which fhall be created during his appointment,

.

CONSTif ETiON.

15

1i 1i . The meeting of the General Affembly fhall be annual, on the firft Monday in &; tbe November, until fuch day of meeting be altered by law.

12 One third of the members of each branch, fhall have power to proceed to onetwrdm^r bufinefs, but a^ftruriler number may adjourn from day to day, and compel the attend- S5e ance of their members, in fuch manner as each houfe may prefcribe.

; 13. Each houfe fhall be judges of the ekaions, returns, and qualifications of its J^B"^.^ own members, with powers to expel, or piinifh for diforderly behaviour.

14. No fenator: or reprefentative, fhall be liable to be arrefted, during his attend- Fe ftomarance on the General Affembly, or for a reafonable time in going thereto, or returning home, except it be for treafon, felony, or breach of the peace. Nor fhall any mem- Freedom or ber be liable to anfwer for any thing fpoken in debate in either houfe, in any court or <kbitc-
place, elfewhere.

15. The members of the Senate, and Houfe of Reprefentatives fhall take the fol- ^^A^:

lowing oath, or affirmation :

.

oath

I, A. B. do folemnly fwear for affirm as the cafe may be) that I have not obtained

my eleftion by bribery, or other unlawful means, and that I will give my vote on all

queftions that may come before me as a fenator, or reprefentative, in fuch a manner,

as in my judgment, will beft promote the good of this ftate; and that I will bear true

faith and allegiance to the fame, and to the utmoft of my power, obferve, fupport,

and defend the conftitution thereof.

16. The General Affembly fhall have power to make all laws and ordinances, Powers of tn which they fhall deem neceffary and proper for the good of the ftate, which fhall not AsaemW:fbe repugnant to this conftitution.

17. They fhall have power to alter the boundaries of the prefent counties, and to b^mdarisor lay off new ones, as well out of the counties already laid off, as out of the other ter- fayoSne!^" ritory belonging to this ftate ; when a new county or counties fhall be laid off out of OIK>any of the prefent county or counties, fuch new county or counties fhall have their reprefentation apportioned out of the number of the reprefentatives of the county or counties out of which it or they fhall be laid out. And when any new county fhall be laid off in the vacant territory belonging to the ftate, fuch county fhall have a number of reprefentatives not exceeding three, to be regulated and determined by the General Affembly. And no money fhall be drawn out of the treafury, or from the public funds of this ftate, except by appropriations made by law.

18. -No clergyman of any denomination fhall be a member of the General Af- ci.

fembly. .



Jifi

ARTICLE II.

i;x The executivepower fhall be veiled in a governor, who fhall hold his office Governor..

during the term of two years, and fhall be eleaed in the following manner:

.''-

^

KS..u._cula
noffffiircpe.

rA Houfe of Reprefentatives fhall, on the fecond day of their making a houfe, .*>. m trie hrit, and m every fecond year thereafter, vote by ballot for three perfons,

i6

CONSTITUTION.

and fliall make a lift containing the names of the perfons voted For, and of the num ber of votes for each per fon; which lift thefpeaker fliall fign in the prefence of the houfe, and deliver it in per fon to the Senate; and the Senate fliall, on the fame day, proceed by ballot to eleft one of the three perfons having the higheft num.oer of votes, and the perfon having a majority of the votes of the fcnators prefent fhall be the govern or.

t/oa!T*1!ficl" 3- No perfon fliall be eligible to the office of governor, who fliall not have; been a

citizen of the United States twelve years, and an inhabitant of this ftate fix years,

and who hathnot attained to the age of thirty years, and who does not poffefs five

hundred acres of land in his own right, within this ftate, and other fpecies of property

to the amount of one thoufand pounds fterling.-

.

gov orin he 4- I" ca e of the death, refignalion, or difability of the governor, the preficlent of we of vacan- ^ gena; e {|la j[ exercifethc executive powers of government, until fuch difability be
removed, or until the next meeting of the General Affembly,

of0t)-.c csovcm- 5- The governor ft all at ftated times,receive for his fcrvicesa compenfation which.

af-

fliall neither be increased, nor dimiiiifhed during the period for which he mail be

elected; neither fliall he receive within1 that period any other emolument from the

United States, or any of them, or from any foreign power. Before he enters on the

execution of his office, he fhall take the following oath or affirmation: " I do lo-

uisoath. lernnly fwear, (or affirm as the cafe may be) that I will faithfully execute the office of

governor of the ftate of Georgia, and will to the bcft of my-abilities, preferve, pro

tect, and defend the faid ftate, and caufejuftice to be executed in mercy therein, ac

cording to the conititutioii and laws of the fame."

......

wstiti*.

6. He fliall be commander in chief, in and over the ftate of Georgia, and of the

militia thereof,

..

-- 7. He fliall have power to grant reprieves, for offences againft the ftate, except in grant pardons,, cal<es or i. mpeachmenrt, and to6> grant pardions i n anII calres, alrter convic<t-i>on, except f,-or

treafon or murder, in which cafes he may refpite the execution, and make a report

thereof to the next General Affembly, by whom a pardon may be granted.

8. He fiiail iffue \vrits of eleOiori, to fill up all vacancies that may happen in the v"nea"ifcA -" Senate or Houfe of Reprfefentatives, and fliall have power to convene the General
Affembly, on extraordinary occafions; and fliall give them from time to time, inforBiation of the ftate of the republic; and recommend to their corifideration fuch meafures as he may deem neceffary and expedient.
StthhheealAAl ssassitejombulryft. Q. In cafe of difagreeitieht between the; Senate and Houfe of Reprefentatives, with in case refpecl to the time to which the General Affembly fliall adjourn, he mav adjourn then* tivcen the two to fuch time as he may think proper.

tiisieEisiatire to. He fliall have the revifioii of all bills, paffed by both houfes, before the fame towfw. ^ a|j |3 ecome jaws . \jui two thirds of both houfes, may pafs -a law notwithftanding his
diffent j and if any bill fliould not be returned by the governor within five days after it hath been prefented to him, the fame .fliall be a law, unlefs the General Affenioly by their adjournment, fliould prevent its return,

; -CONSTITUTION,

-

17

ii The great! feat of the ftatc, fhairbe . depofited in the office of the fecretary: and ?***** VfbaH not be affixed to any. inftrumcnt of writing without it be by order! of the governor, or tbe; Qeneral Alfembly,.. and the General Afferably may dircCt the great

leal- to be altered; ;

.. ,

ARTICLE III. i, A Superior, court fliallbe held in each county twice in every year, in which mall S^ be tried, and brought to final decifion,. all caufes civil and criminal, except fuch as athodK!l-
may be fuhjecY to .-a? federal court, arid fuch. as. may by law be referred, to inferior

- --.; 2.. The General AiTerably ^ fhall point out the mode of doiTeaiag. errors, and ap- <> peals, which, fhall extend as fair as: to empower the judges, to dire ft a new trial by a jury .within the county, where the; aQ.ion originated) which, fiiall be final.

3. Courts-merchant (hall be held as heretofore, fubjea to fuch regulations as the

< General Affero;bl>y:rnay by law1 direif!:. ; :



. 4> All ca<wifes;.flwil. be tied; in ,th& county where the . defendant refides, except in cafes ofreal eftate^ which (h-all be tried, in the: cotinty where fuch ellate lies ; and in criminal cafes, which fhall be tried in the county where the crime mall be committed.

5,. The- judges; of therfuperi0r court, and attorney general, fiiall have a compe- ^^

tent fala>ryieftablitflaed(by law-,, which fltall not be ; increafed nor, diminiflied during scneral-

their continuaiiee i offieej and; mail hold their conamiffioRs . during .the term of three Three yeaiit

years.

.

officc-

ARTICLE IV. 1. The electors .of ihe members off both branches of the. General Alfembly fliall Quni;ficatin of be citizens and inhabitants of this ffade, and fhall. have- attained to the age of twenty-
one years, and have paid tax for the year preceding the election, and fiiall have refifled fix months within the county. - ..

2. All elections mail be by ballot, and the Hoiife of Repfej^entatiVes in all appoint- swato to bt

ments of ftate ofEcers mall vote for three perforts5 and a lift of the three perfdns byta Ot^tof

having the higheft number of votes;, fhall be figned by, the. fpeaker and fent to the &Tto.

Senate, which ftiall, .from fueh lift, determine by a majority of their votes the officer

defted ; except militia officers and the fecfetaries of the governol-j who {hall be ap

pointed by the governor alone, under fuch regulatioiisand reftfiftions as the General

Affembly may prefcribe. The General Aflembly, may veft the appointment of infe- tnftft)r ,

nor officers, in the governor^ the- courts of juftite, or in fuch other manner as they c"6

may by law eftablifli-.

-<

,"

3. FreedtirnJof theipre^ and bialby jury mall remain inviolate, .:."...

":.- " \ .

- ."

.

.

-

--

4- All perfbns Ihall be entitled to tire benefit of tlie writ of habeas cdrpUss

^^A of
torefs and tria by jury.
w*Mtmv

A AH perforis mail have the free exercife bf ieligioh without beins obliged to con- ^^ tribute to the fupp0rt df any religious profeffiort but their own.

CONSTITUTION.

jistates not to i entailed.

6. Eiiates fhall not be entailed, and when a perfon dies inteftate, leaving a wife and

mwiiwribnr cfoidj-er^ the wife fhall have a childs fhare, or her dower at her option ; if there be

no wife, the eilate fhall be equally divided among the children; and their legal repre-

fentatives of the firft degree; the diftribution of all other inteftates eftates may be re

gulated by law.

"

Constitution, how to be aV-

7. At the general eleflion for members of Affembly in the year one thoufancl

feven hundred and ninety-four;, the electors in each county ihall eleQ three perfons to

reprefent them in a convention for the purpofe of. taking into confideration the altera

tions neceffary to be made in this conftitution; who ihall meet at fuch time and place

as the General Affembly may appoint, and if two thirds of the whole number ihall meet

and concur, they mall proceed to agree on fuch alterations and amendments as they

may think proper, provided that after two thirds fhall have concurred to proceed to

alterations and amendments, a majority fhall determine on the particulars of .fuch al

terations and amendments.

..-" .

Kfm 8. This constitution fhall take effet and be in full force on the firft> : Monday in

Oftober next after the adoption of the fame, and the executive fhall be authorized

to alter the time for the fitting of the fuperior courts, fo that the fame may not inter

fere with the annual elections in the refpetive counties, or the meeting of the fait

General AfTembly.

.

;;

Done at Augufta, in Convention, the fixth day of May, in the year of -our Lord one thoufand feven hundred and eighty-nine, and in the year of the fovereignty and independence of the United States the thirteenth.

WILLIAM GIBBONS, Preftdent, and delegate from Chatham*

'.s
1 ASA EMANUELy 4 [JUSTUS H. SCHEUBER, :

t ILACHLAN MINTOSH,

! *! BENJAMIN LANIER, o I JOHN GREEN, fj NATHAN BROWNSON.
"}VDHAUVGIHDLEAMWASNOUNE,L3 J WILLIAM LITTLE,

ALEXANDER BISSETT.
J

ll JARED IRWIN,

jf V.JOHN WATTS,

J JOSHUA WILLIAMS,

J

. ' - ' .

.','..

"]>AWBILRLAIHAAMMFM. BAOROSHKAERLL, , | J LEONARD MARBURY. :;/\JJEORHENMTIAAHLBWOTA,LKER.

-M. WOODS,
1 1 JOSEPH CARMICHAL, | HENRY CARR,

D, LONGSTREE7T, Secretary,

CONSTITUTION,

v, ^, the reprefentatives of the people of the (late of Georgia, in convention met, do ordain and eftablifh the following articles as additions and amendments to the prefent conftitution, to take effeQ and be in full force on the firft Monday in Oclobernext..

I. The Senate mail be eleeled annually on the firft Monday in November, until ^*{j,^fuchday of election be altered by law, and mall be compofed of one member jfrom al each county, to be chofen by the eleclors thereof.

II. All elections to be made by the General Affembly fhall be by joint ballot of Hcajoht^

the Senate and Houfe of Reprefentatives.

oFti A8, -

III. The election of members for the Houfe of Reprefentatives {hall be annual, on E!cai()nofrii. the firft Monday in November, and fhall be compofed of members from each county &<*?*>*><*
in the following proportions: Camden, two; Glynn, two; Liberty, four; Mlntofh, two; Bryan, two; Chatham, four; Effmgham, two; Scriven, two; Montgomery, two; Burke, three; Richmond, two; Columbia, two; Wilkes, three; Elbert, two; Franklin two; Oglethorpe, three; Gr,eene, three; Hancock, three; Wafhington,
three; Warren, three.

IV. At the general election for members of AfTembly in the year one thoufand convention. feven hundred and ninety-feven, the eleclors of the prefent counties fhall elcfl three whentomce! perfons to reprefent them in a convention for the purpole of taking.into confideration the further alterations and amendments neceffary to be made in the conftitution, who fhall meet at the town of Louifville the fecond Tuefday in May thereafter: a majo rity of the faid convention fhall have-power to proceed to, and agree on fuch altera tions and amendments as they may think proper.

V. Themeeting pf the General Affembly fhall be annual, on the fecond Tuefday & "<TM&- "* in January; a majority of whom fhallhave power to proceed to bufinefs. .

VI. That Louifville bathe permanent feat of government, and that the governor, ofgavc meRt
fecretary of the ftate, the treafurer, the auditor, and the furveyor-general remove with their offices thereto as foohas may be convenient, previoufly to the next meeting of the General Affembly.

Done at Louifville, in Convention, the fixteenth day of May, in the year of our Lord one thoufand, feven hundred and ninety-five, and in the year of the fovereignty and independence of the United States the nineteenth.

Article of conftituted rights annexed to the conftitution as amended.

All powers not delegated by the conftitution as amended, are retained by the people.

N. W. ] ONES, President, and delegate from Chatham,

CONSTITUTION.

^1 JOSEPH CLAY, Jun, J [JOHN WEREAT.

FERDINAND ONEAL, LACHLAN MlNTOSH, HENRY D. STONE.

\JESSE MCALL, I* [JOHN DAVIES.
J

}1 HENRY GASTER, | V SOLOMON WOOD, J WILLIAM NELL.

.~\ BENJAMIN DAVIES, "I VDAVID EMANUEL, * j THOMAS KING.
.^ SAMUEL HIGGINBOTHAM, .,! ^STEPHEN HEARD, -3j WILLIAM BARNETT.
-TABNER FRANKLIN, =1 VOBADIAH HOOPER,
j THOMAS GILBERT,
o JOHN B. JIRARDEAU^

&1 MATTHEW TALBOTj
f VEDMUND DANIEL, j GEORGE SWAIN.
l| JOHN MILTON,
1 ^GEORGE WALKER, ^\ PHILIP CLAYTON.
) BENJAMIN LANIER, [ WILLIAM SKINNER,
5 p..R. SMITH.

^ ~\ DA VIS GRESHAM, | I PHI LIP HUNTER, ^ J WILLIAM FlTZPATRICK.

LEVY PRECITT, JOHN COBBS, PETER GO.ODWIN.

rt'} PETER BOYLE, 1 VANDREW BAXTER, Sq J HARMAN RUNNELS.
JAMES POWELL, >JACOB WOOD, DANIEL STEWART.

JOHN RUTHERFORD, -GEORGE FRANKLYN, REUBEN. %1LK1NSON.
BENJAMIN CATCHING,: DSIALAVSIDMCERRE:CSEWRE, LL,

Altejl, THOMAS JOHNSON, Secretary,

THE. CONSTITUTION Of THE STATE OF
ARTICLE I.
rip
i. 1 HE legiflative, executive, aftd judiciary departments of government fliall be diftinft, and each department fhallibe eonfided to a feparate body of magiftracy> and no perfon, or collefilion of iperibns., being of one of thpfe departments, fhalS exercile any power properly attached, to either of the othersj except in the inftances herein exprefsly permitted,

CONSTITUTION.

2x

The-lewITlative power fhall be vetted in two feparate and diftinabranches, to S^vJts-

2. aSenateand Houfe of Reprefentatiyes, to be fly led the General Alterably.

S^rs

o The Senate mall be.elefted;annually on the firft Monday in November,, until ^ fuclrdayof elelion be altered by law; and mall be compofed of one member from oach: eounty, to be chofen. by the elettors thereof.

4. No perfon fliall bea fenator who ft all not have attained to the age of twenty- S^*1

five years; and have been nine years a citizen of the United States, and three years

an inhabitant:of-this:ttate,- and fliall have ufually refided within the county for which

he fliall be returned at leaR one year immediately preceding his e!elion, (except per Ions

who may have been abfent on public bufinefs of this ftate, or of the United States;)

and is and lhall have been poffeffed in his own right of a fettled freehold eftate of the

value of five hundred dollars, or of taxable property to the amount of one thoufand

dollars, within the county, for one year preceding his election; and whole eftate Ih^ll

oaaTeafonable ieftimation, be fully competent to the difcharge of his juft debts over

a-nd above that funi.

:

5. Tte Senate feall elel by ballot a prefident out of their own body.

fito"r o

. TireSenate:liall have the fole:power to try ;ail impeachments. When fitting ^J^ Forthat purpoifej 'they fliall be on oath or-affirmation; and no perfon fhall be con.- vic^edj wAout:the concurrence of two thirds of the members prefent; judgment in afes of impeachment, fliall not extend further than removal from ofliee and difqualification to hold and enjoy any office of honor, truft or;profit, within this ftate; but the party convifted, fhall neverthelefs be fubjeft to endittment, trial, judgmentj and punifhment according to law.

7. The .Houfe <of vReprefentatives fhall be compofed of meitibers .from all the HouwofR eounttes which now are,; or hereafter may be included "within! this ..(late, according to ^rHuIe their refpe&ive numbers of free white perfons, and including three fifths of all the t: "people of colour : the aftual enumeration fliall be made within two years, and with in every;fubfequent term.of >feven years thereafter, at Tuch time, and in fuch manner, as this convention .may direfil;; each county containing three thoufand perfons, .agreeably to the foregoing plan of enumeration, fhallbe entitled to uvo members,; iev;en thoufand, to ithree members, and twelve drouland to four members.; but each county fhall have at leaft one,1 and notmore than four, members. The repre- T!OTcof e fentatives fhall be^chdfen annually, onvthe/fii-ft Monday in ^Noveiinber, until fuch day timof eleftion be altered by law until ithe-aforefaid enumeration fliall he made, the feveral counties fhalliibe-entitled, ito-thefolfeving number of, rdprefentatives, -refpecitively Carriddn, two ; Gtynn, two ; Liberty, ^three; Mlntoih, two > .Bryan, one; Chatham, four; Effingham, two ; Scriven, two , Montgomery, two; Byrke, three; Bullock, one; JefFerfon, three ; Lincoln, two ; Elbert, three ; Jackfon, two; Richmond, three; : ;Wilkes, four; Columbia, three:; Warren, three.; Wafhington, three; Hancdck,: four; Greene, three ; Qglethorpe, three; and Franklin, two.

8. No perfonifiiallibe ;a:reprefentative: who lh.all.-nol have attained to the age of ndrvi twenty^one years, and have been.feven yearsa; citizen of the United States, three"01"1
years an inhabitan of this ftate; and have ufuallv refided in the county inwhich he

aa

CONSTITUTION.

fiiali be choferi, ofie year immediately preceding bis eleclion ;funlefs he (hall have been abfent oti public bufinefs of this ftate, or of the United States;) and (hall be paffeffed, in,his own right of a fettled freehold eftate of the value of two hundred and fifty dollars, or of taxable property to the amount of &ye hundred dollars, within the county, for one year preceding his election,; and wbofe eftate ihall on a reasonable eftimation, be competent to the difcharge of his juft debts, over and above that fum.

6f

9. The Houfe of Reprefentatives fliall choofe their fpeakeriand other officers.

uii impeach. 1O- They {hall have folely the power to impeach all perfons who have been, or

may be in office. ,

.

W.lluuhaaiaiitfiyfflaiamll odini--; * * No perfon holding any military commiffion or other appointment having any, swe. IW emolument or compenfation annexed thereto, under this ftate, or the United States^
or either of them (except j uftices of the inferior court, juftices of the peace, and officers of the militia) nor any perfon who has had charge of public monies .belonging to the ftate, unaccounted for and unpaid, or who has not paid all legal taxes or,coritribu. . ... tions to the government, required of him, fhall have a feat in either branch of the Members inea. General Affembly; nor mall any fenator or reprefehtative be elected to any office or tu,nto"office, appointment by the legiflature, having any emoluments or compenfation annexed thereto, during the time for which he fhall have been elected, with the: abo.ve excep tions, unlefs he fhall decline accepting his feat, by notice to the executive, within twenty days after he fhall have been elected; nor fhall any member, after having taken his feat, be eligible to any of the aforefaid offices or appointments during the time for which he fhall have been elected.

wTanmec?" 12> The meeting of the General Affembly fhall be annual on the fecond Tuefday

annually, \ n January, until fuch day of meeting be altered by law ; a majority of each branch

ihall be authorized to proceed to bufinefs;: but a fmaller number/may adjourn from

day today, and compel the attendance of their members, in-fuch manner as each

houfe may prefcribe,

... :

nidEeoftiic ca- *3- Each houfe fhall be judges.of the elections, returns, and qualifications of its

.ftfjSb*K,of own members with powers to expel or punifh by cenfuring, fining, and imprifohing,

or either for diforderly behaviour, and may expel any perfon convicted of any felonious

or infamous offence; each houfe may punifh by imprisonment, during feffion, any

perfon not a member, who fhall be guilty of difrefpect, by any diforderly or con

temptuous behaviour in its prefence, or who during feffion, fhall threaten harm to

the body or eftate of any member, for any .thing laid or done in either houfe, or who

mall affault any of them therefor; or who (hall affaulfc or arrefti any witnefs in going

to, or returning therefrom, or who fhall refcue any perfon arrefted ,by; order of

either houfe.

.:

:r,;i/;

;,;;? ,: >

Membmfree 14. No fenator or rcprefentativc fhall be liable to be.arrefted during his attendance

SvKsef ta on the General AfTembly, or for ten days previous to its fitting, or for ten days af

ter the fifing thereof, except for treafon, felony, or breach of the peace; nor fhall

any member be liable to anfwer for any thing fpoken: in debate/ ih either houfe, in

?-reijoicf ic- any court or place, elfewhere; but (hall neverthelefs be bound to anfwer for perju-

">l<"

ry, bribery or corruption,

>

:

CONSTITUTION. "

23

1/5 Each houfe fiiall keep a journal of its proceedings, and publifh them imme- LlpajoSt diately after their adjournmeiit; and the yeas and nays of the members on any quef-
tion fhall, at the delire of any two members, be entered on the journals.

16. All bills for railing revenue or appropriating monies-(hall originate in the Rcvenue bills .

Houfe of Reprefentatives ; but the Senate fhall p!fopofe or concur with amendments

as in other bills.

-"

17. Every bill fhall be read three times and on three feparate days, in each branch J"^^8of the General Aflembly, before it fhall pafs, unlefs in cafes of actual invafion or infurreftiori; nor fhall any law or ordinance pafs, containing any matter different from what is expreffed in the title thereof; and all als fhall be figned by the prefident in the Senate, and fpeaker in the Houfe- of Reprefentatives: no bill or .,..- ordinance which mail have been rejected by either houfe, fhall-be brought in again during the feffion, under the fame or any other title, without the ;confent of two
thirdssof each branch. ;

181 Each fehator- and reprefentative, before he be permitted to take his feat, fliall Snftst8bc take-!ah-*oaitli >or make affirmation that he hath not pra&ifed any unlawful means, : either :>direUy or indireftly, to procure his election, and every perfon ffiall be difqualified from ferving as a fenator or reprefentative, for the term for which he {hall have been elecled, who fhall be convieled of having given or offered any bribe or ^Sf"^ f,, treat, ot canvaffed for fuch eleftion, and every candidate,employ ing like means and ishsd ,not elefled, fhall on convi&ion, be ineligible to hold a feat in either houfe or to hold any office^of honor,or profit for the term of one year, and to fuch other difab ilities or penaltiesas may -be prefcribed by law.

- ; 19. :Every member of the Senate or Houfe of Reprefentatives, fhall, before he Tiie ** <

takes his feat-, takeithe following oath or affirmation, to wit, " I, A. B. do folemnly

fwear or affirm,(as theYcafe may be) that I have not obtained my election by bribe

ry, treats j can vaffihg, orother Undue or unlawful means, ufed by myfelf, or others

by my defire or approbation, for thatpurpofe; that I confider myfelf conftitution-

ally qualified as a fenator:or reprefentative; and that,on all queffions and meafures

whfch: may come before me, I will give my vote, and fo conduft myfelf, as may,

in my judgment, appear moft conducive-to the intereft and profperity of this

ftate; and that I will bear.true faith and allegiance to the fame; and to the utmoft of

my power arid ability obferve,-conform to, fupport and defend the conftitution

thereof.- ;- -i- -.- .- . .

;,, ; ,- .: ..-..- --. 1 -,,- --.- , ......

-.

20. No perfon who hath been, or may be conviled of felony,- before any court Generaiass-

ofthisAate, or any of the United States, fhall be eligible to any office or .appoint- qUilUfic"iqr

meftt of honor, profit, or truft, within this ftate.

I,

^ 2fj: Neiiheri-houfe, during .the feffion .ofthe General Aflembly fhall, without *u,imeethercorifent of !the other, adjourn for more than three days, nor to any other place, ^ kl^:
than that at which the two; branches fhall be fitting; '. and in cafe of difagreement be-
ttveen the,Senate andHoufe of Reprefentatives with refpeft to their adjournmeiit3 1 the governor may" adj oujrnthemi--- -.: : - -.-".--"

. Gen

22. The General Afferably- &.a.llhave power to- roa:ke all., laws, a,i\d,>t;dina:nces,

My.

which they fh<all--deem* neeeffary and proper- for-the good of the-ftate, whkh,iflial]-n;.ot

be repugnant- to,th;is conftitutioa.

. -, "; .- ..

-...-.

: 23., They- jlvall have power to .alter the- boundaries:.of; the-prefenV counties^, and

to-iayj oil.new ones, as. weM out of;;tfe counties already-laid;offv ,as, o:ut of ;the other

territory belonging to the ftate; but the property of the foil, in a fr.ee,:government,

being one of the efFenlial rights of a free people, it is neceffary, in order to avoid

difputcs, that the-limits of thus ftate fbould be..afeertained..withpfeciGioii; ajtidexafl-aefs;

andthiis con/enitiorn cotnpefed of the immediate reprefensauves of th.e^pe-spjej ehofen.

-by them i

ir; rights, and to reyifei the:powei;S: gijven b^ thein;to the:

Dednvndon of

and fooift whofe \<Jill, all ruling! auilKi>rivty of right flows,; DQTJrl affe.rt:ared;4e

tliebonnd^ryof clape.theboimdaries-of this ftate to: be && follow : Th&t is to; fay, the Hrrjits, boundaries,

;jurift[i6lion and aaithiority, of the ftate of Georgia, do, artddid, aod of right ought

to- cxtend from the fea, or the mouth o,f< the river; Savannah, along the northern

.branch., or llreani thereof, to the fork or confluence of the risers n_G,Wi.called:Taigalo

and Keowee, and from thence along the moil northern branch or ftream of the.

{aid river Tugafo, tilliitiiiterfecl-s th.e.ixottiern. boundiiry: Ijnefof. Soitth; Carolina;, / If

the.faid branehtor, flream of Ttigalo extends fo fac-ftorth, .refeevijiig all. thg-.iliands in

the (aid risers Savannah, and Tugalo to Georgia; bufc :if the: head fpring or fource of

a.ny> branch or fkeara..of the faid river.Tu.galo,, does-nat extend,t.o the n-orth b;e.uni-

dary-liae of South- Carolina^ then a weft dine to the Miffiiippi, to.be; dfawtj. fcom.tfab

head.rfpring or fource of the fiid branch or ilreaH)! of Tugalo rivtir,; .which.extendis

to the liigheil northern latitude;.; thence down-, the taiddb of; the; faid: );iver ; Mifli-fippi,

until it fhall inteufeft the;n.or<theriHi5oft pi t:o the. thirty;-firft; degreeiof north?latitude-;

fouth by a line drawn due call, from the/terrhinatiori of the jins Iftftriijentionedj. in.

the latitude of thirty-one degrees north of the equator, to the middle of the river

Apalachieola or Ghatahoochee; thencevalon;g> the rniddie.thereof^. to.its jujn6tio,fi)With

Flint river, thence, ftraighb to the- head of; Sfc Ma-cy/s; river.f and^thenc.e. [ al iiig the

middle of SL Marys river toi the Atlaiaticioceaiu; ajad &om,thence,t-Q th;e, mouih-o;r

inlet of: Savannahv river, the place;of beginning. ; Including and:comprehending ,ail

the.lands and-waters within:-the*faid ,limits, boattdariesiajadcjunifdifiiflnal; fights,;; arid

alfo, allthe^ iflands within: twenty leagues of the; feaocoaft, Aci ithis:.-.conven

tion; doth further declare-and aflert, that all the territory without the iprefent:tem

porary line and within the limits aforefaid, .is! now, of righti the property,of the. free

citizens of this ttate, and-held by them in foverejigrityjimalienabile but.by;their confenti;

The legislature authorized to sell a certain part to the United Status.

Provided- ncverlhekfo, That . nothing, herein, ! oontained. fhall/be> coniteuedy fo as to prevent a fale to, or contract with the United States, by the legiflature of this ft:ate, of and for all or any part of the weftern territory of this ftate, laying weftward of

the-riv,er Chatahbochee, on fuch: terms as maybe beneficial, to ;bo.th: parties; and may

procure an-extenfioti of > fettlcment, and/an; extinguifhment :of Indian:.claims,, in, and

to the vacant territory of this ftate, to; ;the eaft. and north of the faid river^Ch.atahoo-

chee, to which^territoryfuch power or contract or fale, by the legiflaturc, fhall not

Proviso, extend: And frovide'd/\alfo, Tils legiflaturefmky giviC ;its conferits toithe;eftftblifhrjient

of one or more- governinents, wefLwaud;thereof; but-rnonopoilies; af:lan.dJ :biy indi

No monopolies viduals, being-eontrariy to theifpirit;of our:freegvernme!iit, no :fal&6f terirUQir-yiofiithis permitted. ftate, OE-apy part thereof,, fhall.lake place tbindividuals:,- ott private^ companies,, un-

leis a county or counties fhall have been firft laid oftV including/fuch; territory,, and

the Indian rights fhall have been extinguifhed thereto,

CONSTITUTION.

25.

24 The foregoingTeQion of this article having declared the common rights of the SS"S.free citizens of "this flate, in and to all the territory without the prcfent temporary T*o. boundary line, and within the limits of this flate, thereby defined, by which .the contemplated purchafes of certain companies of a confiderable portion thereof are become conftitutionally void, and juftice and good faith require, that the ftate fhould notdetain a confideration fora contra8, which has failed; the legiflature at their ^ ^c. next feffion, fhall make provifion bylaw, for returning to any perfon or perfons, who tra. has or \\w-e bona fide depofited monies for fuch purchafes in thetrcafury of this ftate : Provided, That the fame fhall not have been drawn therefrom in terms of the act paffed the thirteenth of February, one thoufand feven hundred and ninety-fix, com monly called the refunding aft, or the appropriation laws of the years .one thoufand feven hundred and ninety-fix, and one thoufand feven hundred and ninety-feven : ndRcvenhC nor fhall the monies, paid for fuch purchafes, ever be deemed a part of the funds of ^epub?krt this ftate, or be liable to appropriation as fuch; but until fuch monies be drawn from the treafury, they fliall be confidered altogether at the rifque of the perfons who have depofited the fame. No money fhall be- drawn, out of the treafury, or from the public funds of this ftate, except by-appropriation made by law, and a regu lar ftatcment and account of the receipts and expenditures of all public monies, fhall -he publifhed fom time to time. No vote, refolution, law, or order, fliall pafs the ftTM^' General Affembly, granting a donation or gratuity in favor of any perfon whate- Kra""dver, but by the concurrence of two thirds of the General Affembly.

25. It ihall be the duty of thejtiftices of the inferior court, or any three of them, b"kSwt" in each county refpeclively, within fixty days after the adjournment, of this conven tion, to appoint one. or more ;fit perfons in each county, not exceeding one for each battalion diftricl, whofe duty it fhall be to take a full and accurate cenfus or enumera tion of all free white perfons, and people of color, refiding therein, difl.inguifh.ing, in feparate columns, the free white perfons from perfons of color; and return the fame to the clerks of the fuperior courts of the fevcral counties, certified under their hands, on or before the firft day of December next the perfons fo appointed, being firft feverally fworn before the faid juftices, or either of them, duly and faithfully to perform the truft repofed hi them, and it fhall be the duty of the faid clerks, to tranfmit all fuch returns, under the leal, directed to the fpeaker of the Houfe of Reprfcfentatives, at the firft feffion of the legiflature thereafter : and it {hall be the duty of the Gene ral Affembly, at their faid firft feffion, to apportion the members of the Houfe of Reprefentatives among the feveral counties, agreeably to the plan prescribed by this conftitution, and to provide an adequate compenfation for the taking of the faid cenfus. Every perfon, whofe ufual place of abode fhall be in any family on. the firft Monday in July next, fhall be returned as of fuch family, and every perfon, occafionally abfent at the time of taking the enumeration, as belonging to that place in which he ufually refides. The General Afiembly fliall, by law, direft the manner of taking fuch cenfus or enumeration, within every fubfequent term of feven years, gy in conformity to this conftitution. And it is declared to be the duty of all officers, civil and military, throughout this ftate, to be aiding and affifting in the true and faith ful execution thereof. In cafe the juftices of the inferior courts fhould fail to make fuch appointments, or if there fhoukl not be a fufficient number of fuch juftices in any county, then the juftices of the peace, or any three of them, ftiall have and excrcife like powers and authority refpeaing the faid cenfus; and if the cenfus or
D

26

CONSTITUTION.;

enumeration of any county fliall not be fo taken and returned, then, and in that t,uc-, the General Affembly fhall apportion the reprefentation of fuch county, according to the bell evidence in their power, relative -to its population.

ARTICLE II.

Governor cho- i. The executive power (hall be vefted in a governor, who fliall hold his office

yoffs.

during the term of two years, and until fuch time as a fucceflbr fhall be chofen and

qualified; he fliall have a competent falary eftablifhexl by law, which fliall not be

increafed or diminiflied during the period for which he ihall have been elefted, neither .

fhall he receive, within that period, any other emolument from the United Statess or

either of them, or from any foreign power.

By the General g. The governor fliall be elcfled by the General AfTembly, at their fecond .annual

feffion after the rifing of this convention, and at every fecond annual feffion thereafter,

on the fecond day after the two houfes fliall be organized and .competent to proceed

to bufmefs.

.



...

.

. .:

IBS quaima- 3- No perfon fliall be eligible to the office of governor, who fhall not have been

tiu"5

a citizen of the United States twelve years, and an inhabitant of this ftate fix years,

and who hath not attained to the age of thirty years, and who does -not pofiefs five

/hundred acres of land, in his own right, within this ftate, and other property to the

amount of four thoufand dollars, and whofe eftate fliall not on a reafonable efti-

mation, be competent to the difcharge of his debts, over and above that fum.

vacancy.how 4- In cafe of the death or resignation, or difability of the governor, the prefident

ftlka

of the Senate fliall exercife the executive powers of government until fuch difability

be removed, or until the next meeting of the General Aflembly,

eovernms

5. The governor fliall, :before he enters onthe duties of his office, take the fol]OW"jn g qath or affirmation: "I do folemnly fwear or affirm (as the cafe may be) that I will faithfuliy execvite the office of governor of the ftate of Georgia; and wiH to the beft of my abilities, preferve, protect and defend the faid ftate, and caufe juftice to be executed in mercy therein, according to the conftimtion and laws thereof."

HIS style.

6. He fliall bfc commander in chief of the army and navy of this ftate, and of the-

militia thereof.

..

.

Iois.I>ante . iouS) &c,

7" -^e ft all have power to grant reprieves for offences againfl the ftate, except in cafes of impeachment, and to grant pardons, or to remit any part of a fentence, in all cafes after conviQion, except for treafon or murder, in which cafes-he may refpite the execution, and make report thereof to-the next General Aflembly, by whom a pardon may be. granted.

o/ckK.Tc. 8. He fhall ifiue writs of eJefiion to fill up^aHvacancties tliathappen.in; th:e Senate,

or Houfe of Reprefentatives, and fliall have power to convene the General Aflembly

on extraordinary occafions; and fhall give them from time to time information of

the ftate of the republic, and recommend to their coniideration fuch nreafures as he

may deein necefl^ary .and expedient.

;

CONSTITUTION,

A When any .office fliall become vacant by death, rcfignation or othm^fe, the 3g governor fhall have the power to fill fuch vacancy ; and perfons fo appointed, fhah continue inoffice until a-fucceflbr is appointed agreeably to the mode pointed out. by
.this conftifution r or by the legiflature.
10 He fhall have the revifion of all bills palled in both houfes, before the fame HU^^i fliall become laws, but two thirds of both houfes may pafs a law notwithstanding his diflenf and if any bill fhould not be returned by the governor within five days af ter it hath beea.p-ri5fented.to: .him, the fame fliall be a law, unlefs the General Aflerab-ly, by their adjournment, fliall prevent its return.

11. Every vote, refolution, or order, to which the concurrence of both houfes Md psa,ing may-be .neceffary,except on a queilion of adjournment, fliall-be prefen.ted to the solutums> governor; and before it mall take, effeft, be approved by him, or being difapproved, may,be repaffed by two thirds of both houfes, according to the rules and
limitations prefqribed in cafe of. a bill.

12.. There fliall be a fecretary of the ftate, a treaflirer and.a furyeyor general, ap- Sccl.etaiY of pointed-in the fame manner, and at the fame feffion of the legiflature, and .they ;|l^r^; ilaall hqld their offices for the-like period as the governor, and fhall have a- competent.^B ^" .falary, including fuch emoluments as may be eftablifhed by law, which fliall not be increafod or diraitiifhed during the period for which they fhall have been elccled.

13. The great /eal of the ftate /hall be depofit.ed in the office of fecretary of ftate, Grc.l(:w,lo

and iiiatl not be affixed to any inftrument of writing, but.: by order of .the governor .*

or General Aifembly; and the General Affembly fiiall, at their firft feffion after the

rifin-g of this Convention, caufe the great feal to be altered by l.aw,

to iw altered

14. The governor fliall have power to appoint his own fecretaries.

; : - -.

"

.

.

ARTICLE Til, ^ ."

. .point his sec
u>ta -

; i. The judicial powers of this ftate fhall be veiled in a fuperior court, ,and in fuch

inferior jurifdiftio-ns as the legiflature fhall from time to time, orda;in and eftabfiffi. J<"cMpt

The judges of the fuperior courts {hall be eleQed for the terni of three years, re-

movable"by the governor on the addrefs of two thirds of both houfes for that pur- pSr coh

pofc, or by impeachment and conviciion thereon. The fuperior court mail have tiu-eeye^,

. exclufive and final jurifdiftion in all criminal cafes, which fhall be tried in the county S.reinov"

therein the crime was committed, and in all cafes refpecling titles to land, which itoSpox

fhall be tried in the county where the land lies;, and fliall have power to correct er- ""

rors in inferior judicatories by writs of certiofari, as well as errors in the fuperior

courts, and to order new trials on proper and legal grounds: Provided,,.that fuch

new. trials fliall be determined, and fuch errors correcied., in the fuperior court" of proT-

thecounty in which fuch aftion originated. And the faid court fliall alfo have ap-

peltate jurifdiaibh in fuch other- cafes, as the legiflature may by law direfi:, which

ihall in rio cafe tend to remove the caufe frbm the county in which the aBion origina

ted; and the judges thereof, in all cafes of application for new trials, or correction .

of errors, fliall enter their opinions on the minutes of the, court. The inferior courts

fliall have cogidzance of all other civil cafes, which fliall ; be tried in the county !u!i?fe wherein the defendant refides, except in cafes of joint obligors, refiding in different riorcourts-

counties, wkich may be commenced in either county; and a copy ofthe petition

J K--SsalSS^gj^^TM**

28

CONSTITUTION.

and procefs, ferved on the party or parties refiding out of the county in which the fuit may be commenced, (hall be deemed fufficient fervice, underTuch rules and reauCnsodfiicauirornefmitainy- ati. ons as th. e leffulature may di-irecCLt: ibut thi e ileff-inllature may. iby ilaw, to wihichi two buejegrivioernctooutrht.e, thi. rds ot each braonch may co.ncur, . gi. ve concurrent jun.kh..c.,t/i on to/ the iupen.or courts. courtaeo;t The fuperior and inferior courts (hall (it in each county twice in every year, at fuch wriyer. fluted times as the legiflature fhall appoint.

Sfftotave 2> The judges fhall have falaries, adequate to their Cervices, eflabliflied by law, which fhall not be increafed or diminifhed during their continuance in office ; but ihall not receive any other perquUites or emoluments whatever, from parties or others, on account of aay duty required of them.

states attorney 3, There fhall be a dates attorney and folicitors appointed by the legiflature, and .mi .obotow. comm ;fjj 0necj by the governor, who fhall hold their offices for the term of three years,
unlefs removed by fentence on impeachment, or by the governor, on the addrefs of two thirds of each branch of the General Affembly. They fliall have falaries adTrICoSh, .wsai.t- equate to theu. fervices, eltablifhed by law, which fliall not be increafed or diminimed during their continuance in office.

Appointment IKS? oraru.

4. Juftices of the inferior courts fliall be appointed by the General Affembly, and be commiffioned by the governor, and fliall hold their commiffions during good behaviour, or as long as they refpcftively refide in the county for which they fhatl be appointed, unlefs removed by fentence on impeachment, or by the governor, on the addrefs of two thirds of each branch of the General Affembly. They may be compenfated for their fervices, in fuch manner as the legiflature may,by law direct.

justiosofthe 5- ^ne juftices of the peace fliall be nominated by the inferior courts of the feveral peace. counties, and commiflioned by the governor, and there fhall be two juftices of the
peace in each captains didrict, either or both of whom, fliall have power to try all *rkeirjurisdic% cafes of a civil nature, within their diftricl, where the debt or liquidated demand does
not exceed thirty dollars, in fuch manner as the legiflature may by law direct. They fliall hold their appointments during good behaviour, or until they Ihall be removed by conviftion on endicTment in the iuperior court, for mal-praUce in office, or for any felonious or infamous crime, or by the governor, on the addrels of two thirds of each branch of the legiflature,

cowtsfoftii- g. The powers of a court of ordinary or regifler of probates, fhall be vefted in the inferior courts of each countyj from whofe decifion there may be an appeal to the
rojSriircoSrt. fuperior court, under fuch reftrictions and regulations as the General Affembly may by law direc\ ; but the inferior court fhall have power to veft the care of the records and other proceedings therein, in the clerk, or fuch other perfon as they may appoint, and any one or more juftices of the faid court, with fuch clerk or other perfon, may iffue citations, and grant temporary letters, in time of vacation, to hold until the next
^iriageiin- meeting of the faid court; and fuch clerk or other perfon may grant marriage licenfes.

7. The judges of the fuperior courts, or any one of them, fliall have power to iflue Mhiwantdioanm,u&s pc.ro- wri.ts orr mandi am us, prohi i<bi ti on, Irci re f/ acias, andi alnl othi er writs wihichi may ibe nccei/-
fary for carrying their powers fully into effed.

CONSTITUTION.

29

8 Within five years after the adoption of this conftiunion, the body of our laws, R(.vi!onofthe

civil and criminal, fliall be reVifed, digetted and arranged, under proper heads, and *>***

promulgated in fuch manner as the legiflature may da-eft; and no perion (hall be

debarred from advocating or defending his caufe. before any court or tribunal, either j -

by him {, e,lf or c ounlreli, or lbothi .

.

wwiit.hout coun-

q. Divorces fliall not be granted by the legiflature, until the parties {ball have had Divorce.. a fair trial before the fuperior court, and a verdict fhall have been obtained, authori zing a divorce upon legal principles. And in fuch cafes, two thirds of each branch of the legiflature may pals ads of divorce accordingly.

. 10. The clerks of the fuperior and inferior courts fliall be appointed in fuch man- cl1:sner as the legiflature may by law direct, fliall be covnmiflioned by the governor, and ihall continue in office during good behaviour.

ii. Sheriffs fliall be appointed in fuch manner as the General Affembly may by sheriffs. law direct, and fliall hold their appointments for the term of two years unlefs fooner removed by fentence on impeachment, or by the governor, on the addrefs of two thirds of the jultices of the inferior court and of the peace in the county ; but no perfon fliall be twice elected flieriff within any term of four years ; and no county officer after the next election fliall be chofen at the time of electing a fenator or reprefentati.ve.

ARTICLE IV. i. The electors of members of the General Affembly, fliall be citizens and in- Qualification f habitants of this ftate, and fliall have attained the age of twenty-one years, and have deaiKS> paid all taxes which may have been required of them, and which they have had an opportunity of paying, agreeably to law, for the year preceding the election, and fliall haverefided fix months within the county : Provided, that in cafe of invafion, and the inhabitants fliall be driven from any county, fo as to prevent an election therein, fuch refugee inhabitants, being a majority of the voters of fuch county, may meet under the direction of any three justices of the peace thereof, in the nearelt ; county, not in a Mate of alarm, and proceed to an election, without having paid fuch tax (o required of electors, and the perfons elected thereat, fliall be entitled to their {eats.

es

2. otC

All th1 e

elections, by the 1legiTsllature ; and1

General Aflembly, fliall be by joint ballot of both branchwh1 en tnien Senate andi Houle oiJ Reprefentatiyes unite for

E.g.lcey7fl.t0ortl,UVbb,,byyy ,the

the purpofe of electing, they fliall meet in the reprefentative chamber, and the prefi- J<"nt bi"lot

dent of the Senate fliall in fuch cafes prefide, receive the ballots, and declare the per

fon or perfons elected. In all elections by the people, the electors fliall vote viva "y th

vocc, until the legiflature fliall otherwife direa.

. Ubc

3. The general officers of the militia fliall be elefted by the General Aflembly, and MUM* officer, mail be comrmffioned by the governor. All other officers of the militia fliall be eleBed JSS.3-&A. in fuch manner as the legiflature may direa, and fliall be commiffioned by the gover nor ; and all militia officers now in commiffion, and thofc which may be hereafter commiffioned, fliall hold their commiffiom during their ufual refidence within the di-
vilion, brigade, regiment, battalion, or company, to which they belong, unlefs remo-

30

CONSTITUTION,

v.eil by fentence.of a court martial, or by the governor, OH the addrefs of two third* of -each, branch of the General Alfembly.

tHbrtfir o!n" 4- All perfons appointed by the legifiature to fill vacancies, fh all continue in office vacancies, on jy fo jon g &s to complete the time for -which their predeeeifors were appointed".

FrcCJo.Yi of^the prc.^: and triai

^r.

Freedom

of the p* refs

and trial

byJ

iurv%
J JJ

as heretofore

lipostfrcto. remain inviolate; and no expojlfaMo law ihail be paffed,

ufecl

in this fb.t&, J

fhall

Further dis qualifications
to office,

6. No perfon, who heretofore hath been, or hereafttir may be a collecYor, or holder of public monies, fhall be eligible to any office in this ftate, until fuch per
fon fliall have accounted for, and paid into thetreafury, all fu:ms for which he may be accountable or liable,

Debtorshisoi- 7. The perfon of a debtor, where there is not a ftrong preemption of fraud, fliall not be detained in prifo-n, after delivering, bonajide, all his eftate real and perfona! for the ufe of his creditors, in fuch manner as fliall be hereafter regulated -by law. '.'-..-

Former comic- 8. CoTiviQions ori impeachments, .which have heretofore taken place, are hereby releafed, and perfons lying under fuch -convictions, reftored to citizertfhip.
uunulled.
H;d)Sfts corpus. Q. The writ of habeas corpus mall not be fufpended unlefs when in cafe of re bellion, or invaiion, the public fufety may require it.

F.-e= exerdse to. No perfon within this ft ate, fliall upon any pretence, be deprived of the oreigion. jneftimablc privilege of worfhipping God, in a manner agreeable to his own con-
fcience, nor be compdled to attend any place of worfliip, contrary to his own faith and judgment, nor {hall-he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of wormip, or for the maintenance of any minifter or miniflry, contrary to what he believes t,6 be right, or hath voluntarily engaged to do. -No one religious fociety fliall ever be eftabliflred in, this ftate in preference to another, nor fhall any perfon be-denied the enjoyment of any civil . right merely on account of his religious principles.

siavesnottoiw ii. There fliall be no future importation of (laves into this ftate from Africa, or nor^iSermr,- any Ioreisn place, after the fir-ft day of October next. The legiflature dial! have ci"p*slea,*0w11i*thc-f no P OVi/er to Pr af8 -, lav/s-rror thi e eman}c'i pation orr H-n aves, wi t-hi out thi e contrent otreaich
of their refpeftive owners previous to fuchemancipation.. They fliall have no power to prevent emigrants, from either of the United States to this {late, from bringing with them fuch perfons as may be deemed flaves, by the laws of any one of the United Sates.

1.2. Any perfon who fhall rnalicioufly diffnerriber, or deprive a Cave of life,

fliall fuffer fuch panifhment. as would beinfliftcd in cafe the like offence had been

committed on a free white perfon, and on the like proof, except in cafe of infur-

reBion by fuch flave, and unlefs fuch death iliOuld happen by accident, in giving

fuch (lave moderate correction,, '_

.

.

- CONSTITUTION, :

31

la The arts and fciencps fliall be promoted in one or more feminaries of learn- promot.onof ing and the legiflaturc tollr .as^feoi^ as conveniently may be, give fuch further *andctodonations and privileges, to thofe already eftabiifhed, as.may be neeeflary to iectire the objeas of their inftitutiofl; and it fhall be the duty of the General Aflembly at their next feftion, to provide effeaual meafures for the improvement and permanent
fecurity of the funds and endowments of fuch inftitutions.,

14. All civil officers fhall continue in the exercife of the duties of their feveral of

fices, durino- the periods for-which they were appointed, or until they fhall be fuper- Continuance of

ceded, by appointments made in conformity to this conftitution:

And

all

Jaws .now

persons in piiice.

in force, fhall continue to operate, fo far as they are compatible with this conftitution,

until repealed ; and it fhall be the duty of the General Aflembly to pals all neqeffary

laws and regulations, for carrying this conftitution into full efl"el.

This constitu

tion to be car

ried Into effedl

15.

No

part

of

this

conftitution

mall

be

altered,

unlefs

a

bill

for

thatpurpofe,

fpe-

by the kgislaturc.

-

cifying Houfe

the alterations intended .to be made, of Representatives, and three times in

fhall have been read three the Senate, on three feveral

times in the days in each

How to be al tered.

houfe, and agreed to by two thirds of each houfe refpeflively ; and when any fuch

bill ihall be palled in manner afbrefaid, the fame ihall be published at leail fix months

previous to the next enfuing annual election for members of the General Aiffembly ;

and if fuch alterations, or any of them fo propofed, ihall be agreed to in their fipft

icffion thereafter, by two thirds o.f each branch of the General Aflembly, .after ,the

fame ihall have been read three times, on three feparate days in each refpeftive houfe,

then, and not otherwife, thefame -fhall become a part of this conftitutipn.

WE, the underwritten delegates of the people of the ftate of Gqqrgia, chofen and authorized by them to revife, alter or amend the powers and principles of their government, DO declare, ordain and ratify the feveral articles and feflions con tained in the fix pages hereunto prefixed, as the conftitution of this ftate; and the fame mall be in operation from the date hereof.

lit CCjStimong thereof, W,E, and.eachof us refpeaively, have hereunto let our hands, at .Louifville, the feat of government, this thirtieth day of May, in the year of our Lord one thoufand feven hundred and ninety, eight, and in the twenty-fecond year of the independence of the United States of America,; and have caufed the great feal of the ftate to be affixed thereto.
Article 4th, feftion ,1 ith, and firft line, the following words being interlined, to wit, " After the firft day of Oaobcr next."

JARED IRWIN, President, and dekgake/vm Wa/Jiing(on,

Bryan. JOSEPH CLAY, J. B. MAXWELL, JNO. PRAY.
BENJAMIN DAVISj

JOHN MORRISON, JNO. MILTON. ,
Bullock. JAMES BIRD, ANDREW E. WELLS, CHA.RL.gS MQALL, -Tj

CONSTITUTIQN.

Camden. JAMES SEAGROVE, THOMAS STAFFORD.
Chatham.
JAMES JACKSON. JAMES JONES, GEORGE JONES.

Jackfon'. ' ' GEORGE WILSON, JAMES P1TTMAN, JOSEPH HUMPHRIES,
Liberty. JAMES COCHRAN, f AMJES POWELL, JAMES DUN.WODY.

Columbia. JAMES SIMMS, WA. DRANE, JAMES MNEAL.

Lincoln.
HENRY WARE, GIBSON WOOLDRIDGE, JARED GROCE.

Ejfmgham. JOHN KING,
JOHN LONDON, THOMAS POLHILL,

M<-Intojh. JOHN H. MlNTOSH, JAMES GIGNILLIAT.

Montgomery.

Ettcrt, WILLIAM BARNETT, R. HUNT,
BENJAMIN MOSELY.

BENJAMIN HARRISON, JOHN WATTS,
JOHN JONES.

Ogltthorpc.

Franklin.

JNO. LUMPKIN,

A. FRANKLIN,

THOMAS DUKE,

ROBERT WALTERS,

BURWELL POPE.

THOMAS GILBERT.

Richmond.

Glynn, JOHN BURNETT.

ROBERT WATKINS, ABRAHAM JONES.

JOHN COUPER, THOMAS SPALDING.

Scriven. LEWIS LANIER,

I

JAMES H. RUTHERFORD,

Greene.

JAMES OLIVER.

G.-W. FOSTER,

JONAS FAUCHE,

Wa/hington.

JAMES NISBET.

JOHN WATTS,

GEORGE FRANKLIN,

Hancock.
CHARLES ABERCROMBIE, THOMAS LAMAR,
MAT. RABUN.

Warren.
JOHN LAWSON, ARTHUR FORT, W. STITH, Jun.

PETER I. CARNES, WILLIAM FLEMING, R. D. GRAY.

Wilkes. MAT. FALBERT, JESSE MERCER, JBENJ. TALIAFERRO.

Me/I, JAMES M, SIMMONS, Secretary,

ACCOUNTS.

33

An act to. regulate jlie'fnaiinrr of keeping public accounts wilkin this f ale. t" hck
* T ^ ^ ENACTED,: by the Senate and Houfe of Representatives ofthe'jla'e oj JD Georgia? in General Affembly. met, and by the authority of ike fame, .That, from
and after the firft day; of March, one thoufand feven hundred and ninety-fix, all ac counts in the public offices, and all the accounts of the tax collectors of this Hate, {hall be exprefjed in dollars, or units, difmes, or tenths, cents or hundred ths, and mills or ihoufands ; a difme being the tenth part of a dollar, a cent the hundredth part of a dol

lar, a mill the thoufandth part of a dollar. 2. And be it fur/ her enaSled, That the verdict

of

all juries,

on

all

contracts

which

{hall be made after the firft day qf March next fhall be exprefled conformable to this

regulation.

THOMAS STEVENS, Speaker of the Houfe of Rcfrefcntatives. BENJAMIN TALIAFERRO, Preftdent of the Senate.

Concurred, February 22, 1796. JARED IRWIN, Governor.

An act for limitation of actions, and for avoiding of fuits in law.

F OR. quieting of rhens eftates, and for avoiding of fuits, Ee it enacled, That allS.&cSwrits of formedon in defender, formedon in remainder, and. formedon in re-^at .scven

venir, of any lands, tenements, or hereditaments, or any other writ, fuit or action

whatfoever, at any time hereafter to be fued or brought, by occafion or means of

any title or caufe heretofore accrued, happened or fallen, or which may hereafter

defcend, happen or fall, fhall be fued and taken within feven years next after the pafi-

ing of this act, or after the title and caufe of action fhall or may defcend or accrue

to the fame, and at no time after the faid feven years; and that no pcrfon or perfons

that now hath or have, or which hereafter may have, any right or title of entry into

anv lands, tenements ,or hereditaments, {hall at any time hereafter make any entry,

but within feven years next after the paffing of this act, or after his or their right or

title {hall or may defcent.or accrue to the fame; and in default thereof, fuch perfou

fo not entering, and their heirs, fhall be utterly excluded and difabled from fuch en

try after to be made: Provided neverlhdefs, That if .any perfon or perfons that is or ?< < *

{hall be entitled to fuch writ or writs, or that hath or fhall have fuch right or title of

ewry, be, or fhall be, at the time of fuch right or title firft deicended, accrued, come

or fallen, withinthe age of one and twenty years, feme-coverts, non compos mentis, im-

prifoned, or beyond feas, that then fuch perfon and perfons, and his and their heir

and heirs, fhall and may, notwitbftanding the faid feven years are expired, bring his,

her or their action, or make his, her or their entry, as he, fhe or they might have

done before this act, fo as fuch perfon and perfons, or his, her or their heir and heirs,

fhall, withinthree years next after his, her or their full age, difcoverture coming of

found mind, 1 enlargement out of prifon, or returning from beyond Teas, take benefit

of and fud.fftr the fame, and at no time after the faid three years.

2. Andvfor the better and more perfed quieting of niens poffeffions and eftates,

and avoiding of ._,
w wllh3alTtfnoreVvfe>rr,. now .'r..-ni7

fuits. ;,

Be

it further

j

.-.-

enacted,
----- -- _.~ 7

That
***,..

int'v-. ,p^o/lrl,e,fffrio_n.-_o(f a-'n.'y--_lo!.ts, 1 lan1ds,

all and every
.. ..v* _T*_IJ
tenements or

perfon and y^i ivn ai-ict uc* ivjild .hereditaments what-

quiet P9. = -<--- --enty
yearn a good
title>

'

.:.:-,:

.

-

.g

;;

.

..'....

31

ACTIONS, LIMITATION OF.

foever,- within this province, derived from any grant, allotment or other power or

authority whatfoever, .by, from or under the late truftees for eftablifhing this colony,

or their prefident andaffiftants, or from any other perfon or perfons whatfoever

under their authority, or by or from any grant from his late maj.efty (of bleffed

memory), or from his prefent majefty, or by or under any laft wilf and teftainent^

purchaie or purchafes, whether by deed of gift, bill of fale or other conveyance

whatfoever, for lawful or valuable confederation, and where the perfon or perfons

now in poffeffion of the faid lands, tenements or hereditaments, do poffefs, hold

and claim the fame, as of his, her or their own proper right in fee firftple, arid^the peri

fon or perfons fo in poffeffion, or the perfon or perfons under whom they claim,

have feverally or fucceffively been quietly pofleffejd of the fame under any of the

titles, ways or means aforefaid, and without lawful interruption by fuit or aQion.at

law actually commenced, enjoyed the fame for the fpace of twenty years before the

pafiing of this atl, that then fuch perfon and perfons as fo in polfelfion as aforefaid,

mail have good right and title to the fame, and fhall have, hold and enjoy the faid

lands, tenements and hereditaments, unto him, .her or them, his, her or their, heirs

or aifigns for ever in fee fimple, againft all and every other perfon and perfons

whatfoever, any thing herein before contained to the contrary notwithftanding.

umicrclaim- 3- And, l>e it JurLhcr enattcd, by the authority ajorcfaid, That not only the perfou

iikcs manner1.11 or perfons who are or fhall be hereafter barred, s by not fuing or profecuting his or

their claims to any lands, tenements or hereditaments in this province within the time

limited by this act,, but alfo all manner of perfons whatfoever, that fhall at any time

claim under fuch perfon or perfons who have loft or may hereafter lo-fe their

right, by neglecling to fue and profecute his or their claim as aforefaid, fhall be in like

manner barred by this aft as his, her or their anceftor or anceftors, or thofe under

whom they claim, were or would have hereby been, and that this aft, and fuch claufe

or claufcs herein as relate to the matters aforefaid may be given in evidence to any

/jury upon trial of any claim, matter or right to any lands or tenements in queftion

between party.and party, andthat the chief juftice and jvidges, upon all fuch trials

fhall allow the fame to be given in evidence, fo far as the fame concerns the faid mat

ter in difference.

,

..

.

...

ciaimsto lands 4. And to prevent any difputes how claims are to be rqade to lands, and what claims

wbe by wit fa,^ ^ anowe(j to be good and effectual in this province, and that the poffeflbrs of

lands may know how and in what manner other perfons having or laying claim to any

lands or tenements in their poffeffion muft claim the fame, and alfo that perfons ha

ving right or title to lands, or tenements poffeffed by. others may the better .know how

to claim or demahd their right in fuch .cafe, Be it enabled, That all and ,every. perfo

and perfons whatfoever, making claim to any lands or tenements in this province, in.

order to make fuch claim effe&ual s fhall and are to make the fame by action at law,

duly entered in the general court of pleas in this province, and that the chief juftice

arid judges of the faid court do allow of no claim to any lands or tenements, for or

by any perfon or perfons, in any fujt or fuits that may be brought;, : fued or profecu-

ted in the faid cpvvrt, other than what is or has been made by aftion or fuit on record as

aforefaid, : .any law, cuftom, ufage; or practice to the contrary notwithftanding. : i:

Limitation of 5. Andbeitfurilierena&ed, That all affions of trefpafs, quart daufi^m\jregit^ all

tionsT1 ac" affions of trefpafs, detinue, actions of trover, and replevin..for taking,away goods

and cattle, all aftions upon account and upon the cafe, (other than fuch accounts as,

concern the trade of merchandize between merchant and merchant, their faftors or

fervahts, all actions of debt grounded upon any lending or contract v,ithout fpeciaL-

ACTIONS,; LIMITATION 0f.
tv all aBions of debt for arrearages Of rent) and all aftions of affault,-.menace, and battery wounding and imprifonment, or any of them, winch mall be fued .or brought at any time after the pairing of this a, fhall :be .commenced .and fued within the time andlimitation herein after expreffed, and not afterwards, that is to lay, the laid aaions upon the cafe (other than for dander) and the faid afchons for account, and (he faid aaions for trefpafs., debt, detinue, and replevin for goods and cattle, and the faid aaions of -trefpafs, quare claufumfregit, within three years next after the palling of this aft, or within four years next after .the.caufe of fuch .aaions o.r fuits and not after; and the faid aaioiis of trefpafs, aflault* battery, wounding, imprifonment, or a.ny qf them, w;ithin one.,ye,ar after palling this ,aQ, or within two yearsnext after the caufc of fu.ch action or fuit, and riot after; and the faid.aftions upon the cafe for words,within fix months after,paffing .of this aQ, or within fix months next after the
words fpoken, and not after. 6. Andneverthekfe be it enabled, That if in any of the faid aQions or fuits,
tions ihall .be brought : by Arigin,al, and the defendants therein he outlawed, and Ihall after reyife the .outlawry, that in all fuch cafes the party plaintiff, his heirs, executors, or adminiftrators, as the cafe mall require, may commence a new aftion or fuit from time to time, within a. year after fuch judgment reviled, or fuch judgment given againft the plaintiff, or outlawry reverfed, and not after.
7. And be, it further enatted by the authority aforefaid, That in all adk>ns of (ref-J^ef^*3" pals, quare claufwm fregit hereafter brought, wherein the defendants ihall difclaim in mS,",*" his or their plea, to make any title or claim to theland in which the trefpafs is by the ljartoadtonsdeclaration luppofed to be done, and the trefpafs be by negligence, or involuntary, the defendant or defendants fliall be admitted to plead a difclahner, and that the tref pafs was by negligence or involuntary, and a tender or offer of fuflicient amends for fuch trefpafs before the action brought, whereupon, or upon fome of them,.the plain tiff or plaintiffs mail be enforced to join iffue, and if the faid iffue be found for the defendant or defendants, or the plaintiff or plaintiffs mall be non-fuited, the plaintiff or plaintiffs ; fhair ;be clearly barred from the laid aftions, and all other fuit concerning the fame.
8. Arid be 'itfurther enatted, That in all actions upon the cafe for fianderous words, {.J/ ^^1" to be fued of profecuted by any perfon or perfons in the general court in this province, ^"Ls cS or in any other court having power to hold plea of the-fame, after the paffing of this ^""4^. aa,if the jury upon the trial of the iffue in fuch aaio.n, or the jury that .mail enquire, of the daniages, ;do find or a fiefs the damage under forty fhilhngs, then the plaintiff or plaintiffs in fuch action mail have and recover only fo much colts as the damages fo given or affeffed amount unto, without any further increafe of the fame, any law, ftatute, cuttom, or ufage to the contrary in any wife notwithstanding.
g._ Provided neverthelefs,. and be it; further enatted, That if .any perfon or perfons, E^eptton,to that is or ifliall be entitled to any fucb aaion of trefpafs, detinue, aaion of trover, SftSiaili" replevin aaions, aaions of accounts, aaions of debt, actions of treJpafs for affault, menace, battery, wounding, or imprifonment, aftions upon the cafe for words, be or ihall be, at the time of any fuch caufe of action .given or accrued, fallen or come within the age of twenty-one years, feme-covert,"won compos mentis, imprifoned or bqyond feas, that then fuch .perfon or.perfons lhalj.be atliberty to bring the fame actions, fo as they take the fame within fuch times as before is limited, after their

ACTIONS, LIMITATIONOF.

coming to, or being of full age, difcovert of fane memory, at large, or returned

from beyond the feas as by other perfons having no fuch impediment, fhould be done.

t,Imitation for 10. And be it further enafted, That in all and every cafe where any penalty, fine,

or the recovery of
fines and foriei-

forfeiture,

whatfoever,

hath

been,

or

(hall

hereafter

be

inflicted

or

impofed

by

any

lurcs not speci ally provid-

aft

or

ails

of

the

General

Affembly

of

this

province

already

palled,

or

hereafter

to

be paffed, and the time of fuing or profecuting the offender or offenders, againft fuch

afts not thereby provided, no information, action, fuit or profecution, fhall be had,

brought, iffued or commenced againft the offender or offenders, againft any fuch act

or acts, for, or in refpeft. of any fuch penalty, fine, or forfeiture, unlefs the fame be

clone within fix months after the paffing of this aft, if the offence hath been already

committed, and within the like fpace of time after the offence committed, for the

future; and all and every offender and offenders againft any fuch aft or afts, fhall

not from thenceforth be fubjeft or liable to any penalty, fine or forfeiture which may

hereby be inflifted or impofed, any law, ufage, or cuftom to the contrary in any

wife notwithstanding.

Nothing in this 11. Provided alfo., and be it further enaffed, That nothing in this aft contained fhall

extend, att to prejudice
^irWillUm Ba

or

be

conftrued

to

extend,

to

take

away

or prejudice

the claim

of Sir

William

ker.

Baker, of the city of London, knight, or his heirs or afligns, in and to a certain barony

or traft of land within the parifh of Chrift Church, in the province aforefaid.

ALEXANDER WYLLY, Speaker.

JAMES HABERSHAM,

JAMES WRIGHT/

March 26, 1767.

An ail, for opening the courts of law and jujlice within thisjlate, under certain refinetions therein mentioned.

g. And -whereas the. courts of juftice in this ftate have been greatly interrupted in

their proceedings fince the firft day of July in the year of our Lord one thoufand fe-

?-!! t!lC) ft

July i 77J to tile . uh July

ven hundred and feventy-five, and it may happen that the;ftatute of limitation will bar

IC 178; taken ot
of the statute

the

recovery

of

many

juft

debts,

which could not be fued for fince that time ;

Be it

oflbnUttioa therefore enabled, That the fpace of time intervening between the faid firft day of

July, one thoufand feven hundred and feventy-five, and the twelfth day of July laft

paft, fhall not in any cafe or upon any bond, contraft, book debt, or other agreement

be counted en or allowed to reckon as a part of the time allowed for the recovery of

debts within the faid ftatute of limitations but in all cafes the time intervening between

the faid two periods mall be rejefted, and taken out of the computation in refpeft to

fuch debts, contrafts, book debts, and other agreements.

Signed by order of the Houfe of Aflembly at Savannah, the fifth day of Auguftj

1782.

JAMES..HABERSHAM, Speaker,

An att to extend the limitations of action^ and for other purpofes therein mentioned,
i. \7i THEREAS it will be found highly inconvenient from the embarrafling cirV V cumftances under which this country has been lately placed, that the aQs

ACTIONS, LIMITATION OF.

37

for the limitation of aftions fhould operate fo as to bar any perfon or perfons of their juft rights and claims: Be- it enacted, by the rcprefcntativcs of the freemen of the JJm.tationof Kale, -of Georgia In General A/embly met, and by the authority of the fame, That ^>^^nothing in the faid aft of limitations contained, fuall in any wife be conftrued to pre vent any perfon or perfons from inftituting their aftions and recovering their juft rights and claims, who was or were entitled to the fame at or upon the twelfth day From the nth of July, in the year one thoufand feven hundred and eighty-two, but that all that tj^itot>nu.
period of time between the twelfth day of July, in the year one thoufand feven ^7J!^=|; hundred and eighty-two, and the firft day of January, one thoufand feven hundred >? and eighty-feven, fhall betaken out of the computation of time, fo as not to affeft the rights of aftion of thofe who have been entitled to the fame on the twelfth day
of July, in the year firft aforefaid. 2. And whereas the time limited in an aft entitled, ".An aft to render eafy the mode JJ^XcT"
of conveying lands, and for making valid all deeds and conveyances heretofore that te"dca 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; Be it therefore enacted, .by the authority aforefaid, That no deed of feoffment, bargain and fale, leafe and releafc, or other conveyance of lands and tenements bona fide, exe cuted as direfted by the faid recited aft, fhall in any wife be affefted by reafon of the fame not being registered, or recorded in the refpeftive offices where the lands lie, agreeably to the faid aft; but that every perfon or perfons mail, and he or they hereby have full liberty and power to regifter or record his or her deed or deeds of convey ance-of lands and tenements aforefaid, at any time within the term of two years from to two ycal,s the date hereof; and the faid deeds fo regiftered or recorded as laft aforefaid, are ^V&Ta. hereby declared to.be goodand valid in law and equity, according to the true intent and meaning thereof, any thing in the before mentioned aft notwithstanding.
By order of the Houfe,

.



.Augufta, February ift, 1788.

NATHAN BROWNSON, Speaker.

An act to amend, ex-plain and continue the " A3 for regulating the judiciary department of this Jlate"

14. * And be it further enacted, by the authority aforefaid, That the " Aft to extend A of, ?88 *, the limitation of aftions, and for other purpofes therein mentioned," pafied at Au- S^iSi"
guRathe firft day of February, one thoufand feven hundred and eiijhtv-ei^ht, be^ * and the fame is hereby revived and continued until the firft day of February, one thouland feven hundred and ninety-three and no longer.

I , SEPH HABE RSHAM, Speaker of the Houfe of RcprefcrJ

NATHAN BROWNSON, Prejidentofthesina^e.

J

EDWARD TELFAIR, Governor.

December 9, 1790.

* All the remainder of this a& repealed by aft of 1792.

.-. ......... rv

38

ALIENS, RIGHTS OF.

An att for ascertaining the rights of aliens, and, pointing out a mode for the'

'

admijfion of cilizens.

n^mbie. i. \^[ riiEREAS the many advantages and peculiar blefimgs which this ftate enjoys

V V may induce foreigners to apply for a participation thereof: And whereas it is

the intention of the legislature to confer thofe benefits on all fuch as may apply and

flows?-1" do merit the fame: Be it enattcd by the reprefcntatives of the freemen of the flaie of

cured, Georgia, in General Affembly met, and by the authority of the fame, That all free

white pcrfons, being aliens, or fubjeQs of any foreign ftate or kingdom at peace

with the United States of America, who mall regifter or enrol their names in the of-

Sieproje? y." ^ ce r tne ckrk of the fuperior court of the county.where fuch aliens purpo.fe to

refide, may be, and they are hereby vefted with the rights and privileges of acquir

ing, poffeiiing or holding, and felling, devifing or otherwife difpofing of .all kinds of

perfonal property, and renting houfes or lands from year to year, and fhall have the

Ami sue for light of fuing for all fuch debts, demands or damages, other than for real eftatc, as

Sce YTthjuiy may arife or have an fen fince the twelfth day of July, one thoufand feven hundred

17 *

and eighty-two, either perfonally, or by attorney or otherwife, and, in cafe of death,

by his, her or their executors or adminiftrators.

May liecome citizens.

2. And Ite it enabled, by the authority aforefaid, That any .alien, or fubjecl. of any.

foreign ftate or power, being defirous of becoming a citizen of this ftate, who hath

refided at leaft twelve months in the fame, and after the expiration thereof doth ob

tain from the grand jury of the county where he refidss a certificate, purporting that

he hath demeaned himfelf as an honeft man, and friend to the government of the ftate

(whi^ri certificate fliall be recorded in the fuperior court of the faid county) : the

CteUi to be ta ken.

{aid alien or perfon fo applying ifhall,

before the judges of the faid court,

take

and

fubfcribe the following oath: "I, A. B. do folemnly fwear, that I will bear true al

legiance to the ftate of Georgia, and will fupport the laws and constitution thereof to

the utmoft of my power. So help me God." Then and in that cafe, fuch perfon

{hall be entitled to all the rights, liberties and immunities of a free citizen.

woviso.

3. Provided always, and be it enabled by the authority aforejaid, That no fucli

perfon fhall be a member of the General Affembly, or of the executive council,

or hold any office of truft or profit, or vote for members of the General Affembly

for the term of feven years, and until the legiflature (hall, by fpecial acl for that

purpofe, enable fuch perfons fo to do: And provided .alfo, That all fuch aliens or

perfons aforefaid, fhall be fubjecr. and liable to pay fuch alien duties as have been

heretofore or may hereafter be impofed by the legiflature.

persons <m the 4- And be it further enabled., That no perfon on any at of conftfcation and ban-

tibnandbanish- ifhmcnt in this or either of the ftates, nor any perfons who have borne arms againft

"luh"mscives this or the United States, that were citizens of this or either of the faid ftates, during

pantedtoaii- the war, {hall avail him or themfelves of any of the rights, privileges or immunities

intended to be given or conferred by this afil,,except fuch perfons as may have

availed themfelves of coming in during the late war, under certain proclamations

iifued, and that may have been adopted and fanftioned by the legiflature: Provided

likewife, That this acl fhall in no wife extend, or be conftrued to extend to oblige

fuch perfons who may have applied to become citizens of this ftate, to undergo the

probation herein fet down or contained.

Debilities of 5. And be it enaffed by the authority aforefaid.. That if any perfon or perfons under

&dfnfocre%n the age of fixtecn years fhall, after the pairing of this at, be lent abroad without the

limits of the United States, and refide there three years, for the purpofe of receiving

ARTICLES SPECIFIC.

89

an education under any foreign power, fuch perfon or perfons, after their return to

this ftate, mall for three years be confidered and treated as aliens, in fo far as not to

be eligible to a feat in the legislature or executive authority, or to hold any office,

civil or military, in the ftate for that term, and fo in proportion for any greater num

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

difqualified in- any other refpecl.

..','. -.'"

Signed by order of the Houfe,

JOSEPH HABERSHAM, Speaker.

' Savannah, February 7, 1785,

An al to afcertain and eflablifh a certain and uniform node.of calcvJ^'^~- /> prices of

fpecific: articles in contrach between individual and indiv''3 ''"

'

W gi-irtprieeltacicit- hrccdj'TH-i.a.fiti..TJfrrwncit.ci,r-ecRcu'venllJil,iner.t.icvy/s>c,iAr*n;ta.wc;dAn5oiiiihd-nv-iii.iicntduhi,fufdniacoctl,noietschrnrottartfrrPia.ir-- m.nec-tohqttu^.ys^i-iu'^soem^hninratartangy1ty-ef1i-wh,^uhhac,ar.ioypcrnh,pej^-tedritjneah,n,npei..netp>hiirtt..ai,hh,.-ceteeeres't.'vn-r>.ioet.aeifr,il,r-biKeefraoudjlf,oc,.hioridinrrnirit,,pcnwoeh,arcfrriioy-t'.fcctrieactin/tt-erhu:-asenanaf]pclranpliaceed-y<o*lssfirmuwYoHfnnn',eh-I:rsnOo>f' ,itUuPbAlIuoaeoQd-isfpr/rea.*- '

fBf^n^ti Tb fy^Senate and Houfe of Reprcfcntativc* ln General A/embly met,v^M^ Th-t n ^ e ^onA, note, or other inftrument in w-^mg, or verbal contraa for the 1,,=, nav f X negroes, produce, ftock, goods or other fpecific articles, of any nature
t ^hatfoever; the price of fuch fpecific' article at the time it became due, upon ^^Sond, note, or other inftrument in writing, or verbal contract as aforefaid, and ctving refpea to the place, made payable according to contraa if any, fhall be the foleand eftablifhed rule of valuation : and all and every fuch bond, note, or other inftrument in writing or verbal contraft, for fpecific articles as aforefaid, fhall bear intereft at eight per cent, from the time they become due, in like manner as if given ^t^csr( for the payment of money fimply ; any law to the contrary notwithstanding.
.' DAVID MERIWETHER, Speaker of the Ploufc of Reprefentatives. DAVID EMANUEL, Prefident..of the Senate'.
Aifented to December i, 1800. JAMES JACKSON, Governor.

An aft to regulate attachments in this Jlate.

W HEREAS.it rry of debts,

is juft where

and the

proper that provifion fame cannot be done

mould by the

be made ordinary

for the procefs

roefcolavwe-, jPreamble.

wherefdrs,

i. .Eeit enatted by the Senate and Houfe of -Representatives of the Jlate of Georgia,nvfh3tc:ise

in General Affembly met, and it is^hereby enatted by the authority of the fame, That in SLyC

cafe of non-refidence, or where both debtor and creditor mail refide without the lim--tcd'

its ; of this ftate, it mall and-may be lawful for fuch creditor by himfelf, his agent or.

ATTACHMENTS

attorney, to attach the property both real and perfonal, which may be found in. the. {late, of fuch debtor, in the fame manner and under the like reftriQions, as are or {hall be ufual in cafe of abfconding debtors, or where the debtor alone reticles out of

the ftate. it - 2. And be it further cna&cd>

That it fhall and may be lawful for the judges or the

fuperior, or juflices of the inferior court, or any one of them, and alfo for anyjuihce

of the peace, upon complaint made oivoEth, that his debtor reiides out of this (late,

or is attually removing without the limits of this ftate, or any county, or abfconds

or conceals himfelf, or ftands in defiance of a peace officer, fo that the ordinary pro-

cefs of law cannot he fcrved on him, to grant an attachment againft the eft ate of iuch

""' 'or, or fo much thereof, as mall be of fuffieient value to fatisfy the plaintiff's dc-

m t " : ,<-ofts, which attachment fhall be direQecf to and ferved by the fheriff of the

Toie Wed

r-

L1 u

vnnffpTY,Pipro>PpeerritfyY'f,mhaiys7

boe lfoundu,' deputy or

or hinis udepuity, uoir .dany LcoUnifntiaobulie^ ,; ua.n..vd. *it..fl.i-a-l.l. any conftable, to ferve and levy the fame,

by the upon tineeeelatatcee,^Doontmv..,'..dpeH ^.bvn^ail, ^of Rr, irch Hdepbhtfoor,. wherever the fame may be

found, cuher m the hands <k ^

'

ted ^ ^ effcQs of fuch debtor>

c*TM^ and fummon fuch pedon or perk;,'

a(. ..^ next court to fce heldfor the

-d county, and to which the fold "tat, M

be returnabl ther-e to anfwcr cm

?ime oflo 1S V1 ?btC '?' r [ C?e, ' "-h party be hath in hand, or had at the

der^mDcWuc.i compel iu^

raUa perfon to

m ' Whlcihb rmg appear and anlwer

as

r 4 executed, the court may by oraloreW .. ', i, pr ' nnv ner'bn in

whofe hands any c.o, t or effeas may be attached, (hall den/

'mbnev to or

having in his hands any .ffcfcls of fuch debtor, it {hall be lawfulfo?.*"L aintifi- to 'u-.'

vcrfe fuch denial, and thereupon an iffue fliall be made up, and the la.." , d ^

jury--and if found againft fiich ^rniftee, he, fhe or they {hall be ku^a y

the plaintiffs fuch fum as fliall be fo Found, and the court fhall order judgrn^ to1'^

fnE'^tle"'" entcred thereof againft fuch garnifhce as in other cafes;. Provided that the laid^,,),,^

iiTMfl-cf 8CCl" j u ftice f the inferior court, or jullice of the peace before granting fuch altachml.''

fliall take bond and fecurity of the party for whom the iame may'be granted, in dou

ble the fum to be attached, payable to the defendant, for fatisfying and paying all

coils which may be incurred by the defendant in cafe the plaintiff fuing out fuch at

tachment fliall difcontinue or be caft in his fuit, and alfo all damages which may be

recovered againft the faid plaintiff for fuing out the fame; which'bond fliall be re

turned to the court to which fuch attachment may be made returnable on or before

the laft day of the term; and the party entitled to fuch coft and damages may bring

fuit and recover thereon; and every attachment iffued without fuch bond taken, or

where no bond fliall be returned as aforefaid, is hereby declared to be illegal, and

4Ua\Sced by* ^ia^ ^ e difmiffed with cofts: Provided always, That every attachment whicl^may be

ihcre^nis- j{fuec|, as aforefaid, fhall be attefted by the judge of the fuperior, or juftice.of the

inferior court, orjuftice of the peace, iffuing the fame, and be by the fherifF or per-

S'thirtyXs ^on autRori zed to ferve the fame publicly advertifed at the court-houfc of the faid

county at leaft thirty days before the fitting of the court; and if any attachment

mail be iffued within thirty days of the next court, fuch attachment fliall be made re

turnable to the court next after the expiration of the faid thirty days, and not otherwife;

and all attachments iffued and returned in any other manner than is herein before di^

reeled, fhall be and the fame are declared to be null and void; and all goods, chatties,

Befcmiaat may lands and tenements fubjeft .to fuch attachments, .fhall be repleviable by appearance

and putting in fpecial bail, or by the defendant's giving bond with good and fuffieient

fecurity to the fherifF or other officer ferving the feme, which bond he is hereby

ATTORKIES,

41

litu.^"- to take, compelling the.defendants to appear at the-Court to which at-

tachmewts fhall be returnable, and W abide by and perform the order and judgment

of fuch court:--, Provided always, That all : goods and effecls attached and not rcple- M,^u, prt,

vied as .aforefaid, where the feme-{bail appear to be of a perifhable nature, on.motion S^dSof

of the plaintiff or hislattomey, the court,: or if not in term time, the judge of the court

fuperior, or any two or more of the j iittkes of the. inferior court, may and are hereby

.authorized and required to order .a fale of fuch peritiable property, and the monies

arifing from fock fates .fhall be depofited in the clerks office by the iheriff or other

officer felliiip the .lame, to anfwer the dewr-ainds of the plaintiff, if eftablifhed, and the

. balance, if any, after, fatisfyihg fuch demands arvd-cofts, fhall, by order of the faid .

court, b returned to the .defendant or his attorney.

3 -And be it further -ena&ed, Tfeat if any attachment fhall be returned executed, Prow-t^^t

. and the p:ro;pe.rity attached feaif not be rep levied as aforefaid, the fubfequent pro-sold"" *

ceedings thereon ft all be the fame as an original procefs againft the body of the

defendant, where there is ;a default of appearance; and all fuch goods and chattels,

lands and, tenements n-ot replevied, ftafl, after the plaintiff has eftablifhed his de

mand, beby order of the court fold-arid ;difpofed of for and towards the fadsfac-

tiou of tlie-^Iaintiff-s judgtiient in like manner as if the fame had been taken under

execution; and where any attachments be returned, ferved in the hands of a third

perfon, it;fhall be lawful, upon his appearance and examination in the manner here

tofore dire&ed, to enter up judgm-ent as againft the original debtor, and award exe

cution againft fuch third perfon for the monies due by him to the abfent debtor, and

againft fueh property or effects as may be in his hands or keeping, belonging to fuch

debtor, or fo much thereof as will be of value fufficient to fatisfy the judgment and

cofts thereon.

^4. And be it ./further different counties, the

efanmafefefdh,alTl hbeatliwabhleeretoanattaabcfhemntendte,btaonr,d"

hath ipfropI erty/ l,y/ ingo in on original and copies

sPernotpderetbytoorfs,.ibn^"cntcou11*

fhall iffue for each coiunty where the property may be found, the whole to be return

able to the cou.rt from whence the, firft original iffued.

. .5, : Andbe:M.Jurthtr[m,a&dj. That when-the third perfons as garnimees return debts GMn,sl,ie,

,<lue,to the.abfent debtor, the: court iMl onder *he fene fuedfor, and when recovered

paid into the .cleiks Office fubje!; tro t:hb order- >of thfe fcourt,

: DAVID. ,ME;RIWET.KE!R, Speaker, of(.he Houfe of Representatives*

ROBERT WALTON, Prefodtnt of the Senate.

/:AfJfeAnMtedEtoS^ ,MFeb;Cr^u"ary""-i8:,

.; .* * *
ATTORNIES,

tye . prd&Ue of the law in this /tale, -who

:

lfarjldtesi or inhabitants of this /ate.

y^iHco^eriiencps^^

prefeqt mode of admitting attor-

d comelrom other ftatestq;the.praajefi^in this ftate, ,on account

tteJrraEltvhitbiUsug^hfrd ethnecyembayf

twhoavye ebaersenberienggu, lraerqlyuiraeddm,, ibtteefdorein

fuch attomies can be thofe ftates, and are

oi sfaar char.aaer? w"hic'h'praHi'ce.'ma'y tend to the depreffion: -df merit :

42

, , :' BASTARDY.

......

iRnuislseisonfoor tadt---- "B^e it thertf/o.re tn"acied-bxy ih e Senate an^ d Hdujfe oj f RepJ, reJsen tatives . o> f thej''Kale o,/ f ShCTstlu" Georgia, in General AJfembly met, That, immediately from and after the paffmg of

this aft, any attorney, or attornies at law, who are citizens of, and have been re

gularly admitted to the practice of the fuperidncourts of law and equity in any other

ftate in the union, fliall on complying with all the other regulations required by the

laws of this ftate for the admiffion of attornies, be admiffible to the practice in all the

TWOyeamesi-courts.of law and equity in this ftate', /without being required to have refided tw'o

tTMwith!p<m" years within the limits thereof previous to fuch admiffion : and the feveral judges of

the faid fuperior courts are hereby required to admit them accordingly,: any law,

wustproduceaufage, practice or cullom to the contrary thereof notwithftandingi: Provided always.

SmSimiand neverthelef<>, That no attorney or attornies fliall be allowed to praHfe in the courts

S"&e,tarac" of this ftate, as aforefaid, unlefs he or they do 'actually refide within the limits of the fame.

j,

Pmaided alfo, That fuch applicants from other ftates, fliall previous to their admiffion in

this ftate, produce to the judge or judges of the fuperior courts of this ftate, a

certificate of his regular admiffion to the fuperior courts in the. ft ate from which fuch

applicants may come, together with a .certificate of his fair moral and profeffional

character, duly certified .under the feal of .the ftate where lie fliall have been admitted.,

And be exam- and fliali alfo undergo a ftrict examination as to his profeffional abilities, before a judge

i,Ti"cfurca or judges of the fuperior court. .,

. : ;;

THOMAS NAPIER, Speaker of the.If.oufe of Reprefentatives. .

BENJAMIN TALI AFERRO, Prejident of the Senate.

Concurred, January 7, 1795.

: ; - : -...; !

GEORGE MATHEWS, Governor, . , ...

..

'

''.

..-.' ,/.

BASTARDY,

"

An aB respecting baflardy .and other immoralities.
7"1 1- T5 E IT ENACTED by the Senate and Houfe .of Reprefeniatives of the flats of ieto JL3 Georgia, in General AJfembly met,, and by the authority of the fame, That any mtot'low juftice of the peace in ;any co.unty within this ftate, who 1 of his own knowledge, or treated. on information to him on oath made,of any free white woman having a baftard child
or being pregnant with one, which it is probable will become chargeable to the county, he may thereupon e'aufe a warrant under his hand and feal directed to the fheriff or any conftable of faid county where the cafe may at ife, and oblige the offen der to be brought before him to give fecurity to the inferior court of the county, in the funi of one hundred and fifty pounds for the fupport and education of fuch child or children till the age of fourteen' years, "or to difcover on oath the father of irardthii-'1 fuch baftard child, which being done the faid juftice fliall iffue his warrant in like " howtre*" manner to bring before him the perfon fworn to be the father of fuch child or chil dren, fo born or to be born, who on refufing to give fecurity for the/maintenanee and education of ftich child or children, until^ they ar.viye-,. at the; age of .fourteen years and alfo the expehce of lying in with fuch child or childreiij boarding-j jHurfing and maintenance while the mbtheV^f iVch/child ^s/confined,,l>y: reafon tlie^bf,, that then it may and-mall be lawful 'for the faid' juftice to bind over fuch dejinqu^nt in a fufficient' recognizance to be and appear before the nexf fuperior court which may be heldin faidcouhty; an'd it mall be the duty of trie attorney or folieitor gene ral to prefer a bill of endictment to be laid before the grand jury, to anfwer to fuch complaint as may be then and there alledged againit him touching the premifes.

BITING AND GORGING,

.43

2. And be it further enacted, That iti cafe the woman who fliall have been deli-^mmmiftU0'

vered or-is likely to-be delivered, when brought befofe : ajuftice refufes to difcover ^'m/u^ai

oil oath the father of .fuch child or children, fo born, or (o be born, or give fuch.fe-"""1"

cufity 'to .appear-before the next fuperior court'to be held in and for the .faid county,

'and to pive fuch fecurity as may be-then and there required of her by the laid court,

for the maintenance and education as aforefaid of the faid child or children, that then

it fliall be lawful for the juftice to commit her in, manner and form aforefaid as

pointed out by this aft; and in cafe of her refufing to make known to the faid court.

the father of fuch child, or give fecurity as aforefaid, that then it may and fliall be

lawful for the faid court to imprifon her not exceeding three months. 3. And whereas it is highly injurious in civilized fociety, that men or women ^*m*(d"f
mould live in adultery or fornication, together: Be it further enabled by-tJie autho-f<^tiaA.

rity aforefaid, That from and after the paifing of this aft, that any man or woman

who {hall live together in like manner, it fball be the duty of any of the neighbor

ing juftices if within their knowledge, or upon information to them on oath that

fuch man and woman do live in adultery 1 or fornication, he {hall thereupon caufe

the faid man and woman to be brought before them, or either of them, whofe duty it mall be to bind them over to appear at the next fu'perior court, and the attorney

or folicitor general fliall then and there prefer a bill of endifiment againft both the

man and woman, and on conviftion thereof they fliall pay for'the firft offence, a

fum not exceeding twenty pounds, and: for''the fecond offence, a fum not. exceeding

fifty pounds, and for-the third offence, a fum not exceeding one hundred and fifty

pounds, and they ftarid committed to jail utitil all and every of the fevefal fums im~

pofed as aforefaid'fliall be paid, of continue therein not exceeding twelve months.

''".'. WlLl^l'A'MCAEl}ONS,SfeakeroftkeHoufeofRefrefent:/'Uivc,s.

'

'- BENJAMIN TALI AFERRO, Prcfide.nl of the. Senate,

Concurred December 16, 1793.

' GEORGE MATHEWS, -.Governor,

BITING AND GOUGING,

;".';

tt, to prevent biting, gouging, maiming or otherwife, dejlroying or injuring ^ny of

' '

' the members of the body.

W HEREAS nothing more forcibly marks the barbarity and ignorance of a preslnbitcountry than the favage! cuft6m of biting and gouging, and which is moreover

too frequently attended with the lofs of disfiguration of fome of the members of the

body: For prevention whereof,

Be it enacted by the reprefentathes of thefreemen of the ftate of Georgia, in General t-mAti-

Affembly met, 'and by the authority of thefame, 'That if any perfon or perfons, after Any P_e<m

the pafling of this aft, fliall wilfully or rrialicioufiy cut out or difable the tongue, put Sylmn^,

out ari-eye, flit the hofe,* b'ite'or cdtcff'the ear, ri.ofe ,or lip, or cut off or difable Ofoffcftom

oanry:,dJ'-il-simfri-g'bu-ier er -min-ema-nb<ye'r. o'o\fff-t',1haneym' paenrnf' oe'nrs' oVbre'fpoe'..'<rr'ef o'.'m'n se! < nw't'ii:ot!hn'iendr,th:' it'sh. aItla' tthie,en i,n'

.fo doing to maim and, in every' fr.uo,h

forntbfffrst"of-e f^eneocehiaTMndrlsiitnand.

cafe, th;e: pfeffon or j>etfbris ib! o'fftriding, their^couhfellors, 'aiders or abettors, kno-w-*"^' ^'

ing of and privy to the offence as .aforefaid, fliall, for the firft offence, forfeit the

fum of oneliu'ndfed;pounds, and ftand in. the pillory 'not exceeding two hours; one

half of, wliich fine.;to^ ^go tortile.,party,inj,ur;ed, the other half to the ftate; and the

offender .to ftand committed '.until the fine is paid, And if fuclroflfender

BRIDGES, TOLL.

prove unable to pay faid fine, to receive ofie hundred hikes on his bare back,

wccomi a,nd fet at liberty; and for thefecond offence, are hereby declared to be felons, and '

utbe'Stjfoall fufter death, \vithout benefit of clergy: < Provided, That 'the faid attaint, fhall -

not extend to corrupt the blood, forfeiture of the wife's dower or the offender's lands,

goods and chattels. ,

- - ' . : ...

' ; "'. . '



WILLIAM GIBBONS,

Augufta, February j,o, ,1787.

...;.-'-.

BRIDGES, ACTS TO SECURE TO CERTAIN PERSONS.

An ordinance fecuring, upon certain conditions^ to Wade-Hampton, Efq. his heirs or

aj/igns, the exclufiue right to creel a bridge-over the river'Savannah, at Augujld)

arid for other purpofes therein mentioned. -.

.

(i ft, 2;d, 3.d and 4th fections of this aft are repealed by ait aft.-) ; >

Vi'.idcll.TOipton

....

,

..-

,-'.

.

.

Gmmempow- c. And whereas the fituation of the ferry at Great Ogechee, in the'county of Chat-.

e'roendhtroi'cigreedU"" ham<J , dem. ands that encouragement b:e.h.k.e'w.il-e ..g- iven to i.ome n' erfo. ns toerecrila ibridige-

Q*"CSt UgCCilCfit

7

,

'

O

.,

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1



O

thereat: Be it ordained, by the authority aforefaid, That thefaid Wade Hampton.,, toge

ther with fames Gunn, Efq. their heirs and affigns, (hall be bound-to ereS a bridge in

a complete and fubftantial manner, ..arid of at leaft fixteen feet jn width, at or near the

prelent ferry on the faid river, capable of fuftainingand paffing. all carriages in com

mon ufe: 'Provided, That the faid bridge be completed an; or before the laff day of De

cember, in the year of our Lord one ihoufand {'even hundred and ninety-two*, and

rebuild when neceffary, and keep the faid bridge in good and .fuffieient repairt, to

hold the fame, and alt emoluments arifmg therefrom to them, their heirs and .afligns,

for ever, as tenants in common.

'

..

fhi-ereof 6- A n& be it further enabled, That the faid Wade Hampton and James Gunn fhall

JsSeqTt5ecii- alfo have to them, their heirs and affigns, for ever, as tenants in common, upon con-

thjw,"^'" ditions that the faid bridge be kept in repair as aforefaid, all the public land on the

fouth h'de of the faid ferry not exceeding one'acre, arid alfo one acre of the high land

on the north fide, not to include the building called the ferry-houfe; and that the faid

lots of land mail be allotted and marked off, as herein directed, 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.

Rate of ton. y., And be it farther ordained, That the faid Wade Hampton and James Gunn^

their heirs, executors, adminiUrators or 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 eftabtifhed

by this ordinance, and fhall and may at all fuch times as the faid bridge may be impaf-

. fable, from accident or decay, have the free and quiet enjoyment of the ferry, :on

the fame conditions as that of.'the bridge. .

. .... .,.:..;,-;

oVKffy 4d 8. And.' be itfurther ordained, That it fhall not be lawful for any. perfpn. or, perfons,

'' at any time or times, to build any bridge or keep any ferry on the faid,river Ogechee,

* Ti'ifce of building extended: to ift December, 1794, by the aft of ijth December, 1792-

f The inferior cciirt enipowered to repaii"tlie bridge, arid fue for the fiim expended. See aft of 1798,

atii l>y'al of i^th FebrttSry lypcj, toiffue 3ietttioftsi agaiiift the proprietors, for all fdch' repairs. See

fed. s-j 2. page .82, 5, 4.-

. . . , . ' .



':

BRIDGES, TOLL.

4s>

within three miles either above or below the faid bridge, which is hereby ext,,-,.- v inverted in the faid Wade, Hampton and James Gunn, their heirs and ajigns.; Provided, That fuel* bridge fhall not be fo conftrufted as to impede the navigation of Saldfilil] t {hid river, but that it mall be a draw-bridge, fo as to admit veilets that are ufually ,?avfgSitlie
employed in the faid river to pafs and repafs the fame. 9. And be it further ordained, That the perfon now holding the leafe of faid ferry, rrejcnt lMPe
{hall enjoy the fame until the expiration thereof, any thing in this ordinance to the t'r^"y his '
contrary notwithstanding. 10. And be it alfo ordained, That this ordinance fliall be deemed, adjudged, and pubiicou-
taken to be a public ordinance, and fhall be judicially taken notice of as fuch, by all 1"""' judges, juftices and other perfons whatfoever, without fpecially pleading the fame. .
. JOSEPH HABERSHAM, Speaker of the Houfe of Rcprefentalives. NATHAN B-ROWNSON, Preftdent of the. Senate.
EDWARD TELFAIR, Governor,
December 6, 1790.

An acl authorizing certain perfons herein menti.aned, to ereEl toll bridges over Little River, and other zoater eourfes

HEREAS.it hath been reprefented that a permanent eftablifhment of bridges

over the following water eourfes, to wit, Little River, Little Ogechee, Buck-

head, Briar Creek, and the Beaver Dam Creek, is absolutely neceffary : Be it therefore

enaBed by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in General I'^r

AJ/embly -met, That Nathaniel Durkee, be and he is authorized to eret a bridge ouA^1 iam

acrofs Little River, at Ray's mill, and to keep the fame in repair ten years. And for

the better fecuring to the faid Nathaniel Durkee the excluuve privilege of ereQing

and keeping in repair the faid bridge for the before mentioned term of ten years.

2. Be itfurther endBed, That the faid Nathaniel Durkee be, and he is hereby au- Rates of urn.

thorized to receive toll at the following rates, to wit, fora loaded waggon and team,

thirty-feven and an half cents; for an empty waggon, twenty-five cents; for a rolled

hogfhead of tobacco, eighteen and three quarter cents ; and for carriages, man and

horfe, and (ingle paffengers, at and alter the fame rate and proportion.

3. And be itfurther enacted, by the authority afyefaid, That the fevcral perfons herein ^afng'toif

after named be, and they are hereby authorized to build bridges over the following ^tv^S

water eourfes, and to keep the fame in repair, for and during W term of ten years, som'

to wit, Ralph Hicks, acrofs the Beaver Dam Creek, leading from Savannah to Au-

gufta.--The remainder of this feftion is repealed by al of 13th February, 1797--

vide next page, '

'

'

4.. For the better fecuring to the faid Ralph Hicks, William Pope, Robert Do -&**<*<.

naldfon, Henry Joyce and James Rawles, the exclufive privilege of erefting and

keeping in repair the faid bridges, for: the aforefaid term of ten years, Be it further

ena&ed, That they the faid Ralph Hicks, William Pope, Robert Donaldfon, Henry

Joyce and James Rawles be, and they are hereby authorized to receive toll at the

following rates, to wit, for a man and horfe, fix and an half cents; for a cart and

team, twelve and an half cents; for a waggon and team, twenty-five cents; for

46 .-,.'
''

BRIDGES, TOLL.

a phaeton, or coach and team, twenty-five cents; for each hog and fheep, one cent;

and for black eattic each two cents.*

.



THOMAS STEPHENS, 'Speaker of the Houfe of Rerprcfcritatives. .

.

BENJAMIN TALIAFERRO, Pre/ident of the 'Senate. .

Concurred February 27, 1796.

JARED IRWIN, Governor.

* So much of this fe&ion as relates to William Pope, Robert Donaldfori, Henry Joyce and James, Hawks, together with the remainder of the aft is repealed--fee the next aft, I3th February,. 1.797.

An aftfor repeating an aft,, entitled, 4f An ai authorizing certain perfons herein men tioned to ereLt toll bridges over Little River and other water-courses within thisjlate,
T 7J 7HEREAS, it is found from experience that toll bridges are prejudicial, and rue aa^ V V not of that benefit to the inhabitants contemplated by the faid act, Be it there?S'ntilbridg-yore enabled, by the Senate and Houfe of Reprefentati-yes of the Jlatt of Georgia in excelfiieavW General Afjembly met, That, the above recited afci be and the fame is hereby repealed; DKaivmcra.nd Little except lro Jif,ar asyrel, ate' s to th. e bi ridge over B,, eaver D^am i n br,criven county, ton thi e
Savannah and Augufta road, and Little River. compaction 2.' And le it further enafted) That the juftices of the superior court in each co'intepronto?!, ty where toll bridges have, been .creeled in , conformity to the aforefaid at, be em
powered to agree with the perfon or perfbns who have fo erected a toll bridge or bridges agreeably to the terms of the aft aforefaid, for a reafonable and adequate compenfation for:the expence and labor attending the building thereof, and to levy a tax on the county to difcharge the fame, which fliallnot exceed one tenth of the; general tax, unlefs the people at large in fuch county fhall prefer doing it by fubfcription; in which cafe no tax ffiall be levied by the inferior court; Provided, fuch fubfcrip tion fhall be filled a;nd paid into the hands of the inferior court, within fix months from the-paffing-.of this at.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives. DAVID EM Ati-VEL, Prejident of-the Senate.
Concurred, February 13th 1797. JARED IRWIN, Governor,

An a& to fecure to Stephen Powett,for the term of ten years, the fole and excluft-ve right of building a bridge o'ver the river Ogechee near I fie town of Louifoille,,

Erbiumf s i - "R.^-1 ^ ENACTED by, the Senate and Houfe of Reprefentativ.es in General

ogh^v-er -*--^ AJ/emblymet, and by the authority of thefame, That the faid Stephen Powell9

i-od,-/Si?tcpl'"! his heirs and affigns, fhall have the fole and exclufive right of ereting^a good, com

plete and fubftantial bridge capable of fuflaining all carriages in common ufe, on or

before the firtt day of Auguft, in the year of our Lord one thoufand feven hundred

and ninety-fix, and rebuild when neceffary, or keep^the faid bridge in good and fuf-

ficient repair. , Provided, That, the faid bridge fhali not be, fo conflrufted as to im

pede the navigation of the faid river.



BRIDGES, TOLL.

47

2. And be it further enatted by the authority aforefaid, That in cafe the bridge fhall en<mioM>

not be ere&ed within the time herein before mentioned, or being fo erefted and com

pleted, fhall not be kept up in good repair (allowing a realbnahle time, not.exceeding

three months at any one time, for repairing and rebuilding) the privilege of right of

the faid Stephen Powell, his heirs and affigns, on failure of either the foregoing

provifoes and conditions, fhall ceafe and be wholly void.

_

3. And whereas, for promoting and encouraging fo laudable an undertaking, it 8 of ton.

is neceffary to afford every fecurity in the power of the legiflature to grant. Be it

further enatted, That the faid Stephen Powell, his heirs and affigns {hall, and may le

gally demand and receive, during the faid term of ten years, a toll in the following

manner, that is to fay ; for every loaded waggon and other four wheeled carriage

fifty cents; for every empty waggon twenty-five cents; for every loaded cart or other

two wheeled carriage twenty-five cents ; for every empty cart or dray twelve and an

half cents ; for every man fix and' one fourth cents; for every foot paffenger three

cents; for every rolling hogfhead drawn with two horfes twenty-five cents ; for every

-rolling hogfhead drawn with one horfe, eighteen and three fourth cents; for all

black cattle per head, one cent; for hogs fheep and goats, one cent, and no more.

THOMAS STEVENS, Speaker of the Houfe of Reprefentdlives.

BENJAMIN TALIAFERRO, Prefident of the Senate.

Concurred February 18, 1796.

JARED IRWIN, Governor.

An att to fecure unto Jofeph Bryan, the exclujive right aud privilege of eretting a bridge acrofs Great Ogechee River ; within certain limits.
i. "O E IT ENACTED by the Senate and Houfe of Reprefentatives of (heJ}ate Etealanoti JL3* of Georgia in General Affembly met, and by the authority of the fame, That oghfvI-
the exclufive right and privilege of building and erecting a bridge acrofs the river Br"n.Ioscph Great Ogechee on his premifes in the county of Effingham, where there is now a ferry known by the name of Bryan's Cowpen Ferry, be and the fame is hereby con firmed unto him the faid Jofeph Bryan, his heirs, executors, adminiftrators and affigns for ever. Provided, that the faid Jofeph Bryan, or his afligns, fhall within'five years Commions> erect a good and fufficient bridge "for the paffage of travellers with waggons and car riages ; and that if at any time after building the faid bridge, the owner thereof fhall fuffer the fame to be out of repair for the fpace of .three years, or fhall impede the navigation of the faid river, then the benefits intended by this aft fhall be forfeited, and until the faid bridge is erefted, a ferry fhall be kept at the place aforefaid.
2. And be it further enatted, That it fhall not be lawful for any perfon or perfons ^0betI^J'l'^s whatever to ere6l a bridge on the faid river within three miles up or down the faid river from the place herein before mentioned, any thing in any law to the contrary notwithftanding.
3. And be^it further enatted, That the faid Jofeph Bryan ', his heirs, executors, ,, , , ,, ,, ad_3 ini n" i lfYtrators a' ndY a'iITf*igns 'fnhailll andi m' ay recei ve and take the^feveral Turns herein' af Kft*c 01 ton, ter fpecified as toll or ferriage at the place aforefaid,: That is.to fay, for every foot paffenger fix and a quarter cents, for each man and horfe twelve and an half cents, for each jingle" horfe led or drove, fix and a quaf.ter cents, for each chair ors fulky twen ty-five cents, for each phaeton or clofe carriage fifty cents, for each waggon, team

-f OLL.-

and driver 'fifty ceh'ts$ for each cart, team atvd driver,, twenty-five cents,- for a mi-ling

hogfheadj including h'orfe attd driver tweety-five cents,' for each head of cattle two

cents, fbr each head of hogs, ffieep-, g6a:ts, &c. oite cen't.

DAVID MERIWETHER, Spotokr of the Hovfi df Reprefintatives.

ROBERT WALTON, Prefident of ihe Senate.

.

AfTcnted to February 16, 1799-

JAMES JACKSON, Gtoernvr.

o

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*

An 'cvci, fecuring to John King 'his heirs tiivd tiffvgn& the excluji've right of 'ereSl'ing a

:<

tffli bridge aC'p'ofs Eienezer.cr'eek.

preamble. "if TT T H EREAS A e fituatioh of the .prefent -bridge over Ebenezer creek, a little

^ V above the town of Efeenezer, in the county of Efiingham, is fo much de

cayed 'that it is dangerous for waggons and other carriages to .pais, and the road or

caufeway through the fwatap of laid creek requires coafideraW'e repairs; and as

it is, found by experience, that the few inhabitants 'who" ate required to work on the

part of the road in which iki'd bridge and caufeway is i-n, are iiTcorripetent to keep

the fame in repair:

,

^S!1C0"VCT>'1 i. Be ^ therefore enacted by the Senate and Houfe. vf Repreferitafiws of the JlatR of

in Georgia^ in General AJJembly met, That John King, his heirs or affigns, (halt be bound

m wrt S- to erccl a bridge in a complete and fiiaftantial -manner, at lea ft twenty feet in width,

with railing on each fide, at or near the place where the prefent bridge now fta'nds^ ca

pable of iuftainihg or paffing ail carriages of 'co^ftftion ufe> which bridge fhall be ib

conftruftcd as not to impede ^>t rothtrwife to obtlfaiQ; the navigation of faid creek :

Provided, the fame is built on or before the firft day of July next, and rebuilt when

.fteceffary, ahd beep the fairi'e, awd t'lve 'cau'-feway through the fa-id ftvanip, in' goad

repair.

,

rum^**"on 2-. And 'Ire itfurlker'cna&ed; That whene'ter the laid bridge of CattfeWay ihall be in

ton co;u " fiach con'di'do'n as to 'e'kpbfe paffe'ngers or their property to ittjury Or darnage, or to

obftru'S 'the navigatiton^ 'O'f ;faicl 'creeic, the jtiftices of the Merior court -of the

county of Effingfeain, or any three -of Aeim Srall give uo!f.ice ihei'Cof, arid the re-

paifs w'hi'ch may be neceffaty, to 'thfe proprietor or p'ropHetofs of the faid bridge,

and if in 'the co'tirfe of t'hfrty' days after fuch no-tice the faid rep'airs are not rnad'e,

the'n it ftial'1-and ni'ay be la'lv'fui for 'the laid juA'ices of the inferior court, or ia majority

of theiri 'to caufe fa ch repairs to be made, and to furnifli a'n accoivnt thei'ebf to the

{aid pl"0pie'tor or proprietors, tliefit agetit, executor or adfniniftrator, requiting hirti,

her or them to pay the arn'ount tlYereof, and if faikrrfe fc'a'll be rnade in the payin'ent

of ftich attiou'nt 'for the fpace of ten 'days after fach natic'e, the 'faid j;tiftices of ;tne

kifdrior cO'airt ot a 'majority of thdiil, lha'll and rnay iffoe their execution, dire&ed

to ;the ffieriff or confta-bfe, afid which Brail be leVied'tui the trflate eit'her real or p'er-

fonal of the faid proprietor or proprietors, for the amount of fuch repairs,

g. And bt it/urth'er'enti'ffied, 'by tli'e tiMhoriiy afore/aid, That the faid jdri'h King,

Ms Mrs -or affigWs, ftall feold the faid bridge, and all 'the p'roftts ari'fing tlieferrotri,

for !thirty''years, a!nd !be erititled to receive, ain'd rha'y law'Mly dethawd, as fot>n as.faid

bridge is built &s aferefaid, tlhe 'fdl'lcwrng toll; for every 1vi'a;ggo'n'/dra'Wti by fout :h6t-.

fes fifty certs, f6t all other four wheel catriag'es fifty cents, 'for 'all two wheel carriages

twenty-five cdiits, foT a tolling liagfhcad, twenty-five: cents, for man aiid-horfe twelve

49
aii'dan half teitfa,-foi'&l\-fcfak^dQ.$whw$,-i\i?$ penis, for ai;l bogs, fbeepand goats, ;onq cent, for eyery .fingle horfe -fix and a quarter cents.
4. /fd e itfurther enafted) That no public bridge or ferry fhal! be permitted to 'be K0?lh(.rhl.! eftahlilhed within five miles of faid bridge during the right of faid King, his heirs or ^i tob affigns, to the privileges hereby veiled in and confirmed to him.
DAVID MERI^VETHER, Speaker of the Houfe of ReprefenMives, DAVID EMANUEL, Prejident of 'the Senate, -..-.
Afientedto, December 5t.h 1799. JAMES JACKSON, Governor.

. CANALS,

-An . a$ to render more fafe and- expeditious the navigation from the river Aititatnaliq tit : . . the, tow,n of Rrimfvjick, andfor .other purp'ofes therein mentioned, .,.,

W HEREAS, the tranfportation of produce by water from the river AlatamahahtMny, to the town .of Brunfwick cannot at prefent be effefled, but at confiderable

rifque, and by a circuitous route. And whereas the danger and diftance may begreat-

jy leffened by cutting a canal from faid river to Alligator Creek. And whereas the

commiffioners of the academy of the county of Bryan are feized and poffeffed of a

feraft of land between,the; faid river .and creek, through which the canal .can be moft

.. advantageoufly made. ;

t. Be it enaffed, by the Senate and Houfe of Reprejentatives of the flats of Geor- commission.*.

gia, in-General. AJJembly met, That the faid commiffioners and their fucceffors be, of Syan,aS,t^

and they are hereby empowered, to cut a canal through the tracl aforefaid, to form aPcaSfromcut

. a communication between the faid river and creek, whicl^canalmuft be of the width tpAmgatpT 1!l

6f twenty-five feet, and of the depth of {'even feet.

2. And be itfurther matted, That, as a compenfatiori to the faid commiffioners Ratl!aoff:ol!-

for cutting fuch canal .and keeping it in proper condition, they (hall be allowed a toll

of one dollar for all 1 boats of fifty buihels burthen; the fum of two dollars for all

boats or veffels not more than twenty.and lefs than fifteen tons burthen; and the fum

of fifty cents for all other boats or veffels which mall navigate^the faid canal j or any

part thereof; the faid Aims to be paid;to.the fa|d commiffioners;J their, fucceffors in

office, or affigns, for the ufe of the academy aforefaid.,

3. And whereas the commiffioners aforefaid have purchafed confifcated property

for the ufe of the faid academy to the amount only of feven hundred and twenty

pounds and feventeen fliillings, and are by lay .entitled to purchafe to, the amount of

two hundred and feventy-nine pounds three fliillings more; And whereas there ftill is.j

in the county aforefaid, lands which have never been fold for ; the, benefit of'the faid

- ftate.: : .



.

. ...''.. ; / '- . .' .''". ". j: :"

Me itmaSed, Tha,t the faid commiffioners be> and^liey a'reJrereby.ernpQWe'redi, to saidwmmuv

expofe to fale .any tracT: : or trafts of the faid ;land, ;to procu-re the,faid fum bf two SctoSicn-

hundred and feventy-ninepounds three fliillings: Provided, That three^^ months.'notice *c-a *

of fuch fale be given in one of the Augufla and in one of the Savannah gazettes,

and by advertifement at two of the mpft public places in the faid county; And prom-

' ' " '

:'.. ^ 1 .G". , '. .,

, ' ' f .'. : ' '.,'.

go

CANALS.

, -dedalfo, That, if the fale of the faid trad or trafts mall exceed the Fura lafl afore

mentioned, that then the furplus fliall be paid by the faid commiffioners into the trea-

fury.*

,

DAVID MERIWETHER, Speaker of the Houfe of ReprefcntativesDAVID EMANUEL, Prejichni of the Senate.,

A Rented to February jd, 1798,

.

JAMES JACKSON, Governor.

* The remainder of this aft relating to the bridge over Great Qgechee, between the Counties of Bryai* and Chatham, repealed by aft of 1799. Seft. I, 2, of the following aft.

An al to alter and amend an aft, entitled, " An. al to render more faft and, expedi

tious the navigation from the. river. Alatamaha to the town of Brunfwick, and for

other purpofes therein mentioned."

.....

mn*ie. "T^THEREAS the above recited al hath been found by experience to be infuffi-
V V cient ansd of no effecT;, inafmuch as it requires the commiffioners of the roads of the county of Bryan to keep in repair the bridge which is laid over the river Ogechee, between the counties of Bryan and Chatham, in cafe the owners of the faid bridge fliall refule or neglecl to repair the fame when neceffary, but hath not empow ered the faid commiffioners to iffue executions to fatisfy the fum or fums neceffary for the purpofe aforefaid. cjiHimWMiew i. Be it therefore enabled ly the Senate and Houfe of Representatives of theJlate of gfv'eno'StciSiat Georgia, in General AffemUy met, and by the authority of the fame it is hereby enabled ; TMS"'eRK~ That whenever the faid bridge (hall be in fuch a condition as to expofe paflengers, or others, or their property to injury or damage, or to obftruft or caufe delay to veffels paffingup or down the faid river, the commiffioners of the roads of the county of Bryan, or either of them fhall give notice thereof, and of the repairs which may be neceffary to one of the owners of the faid bridge, or his or their executor or administrator, or one of thenij or the agent or attorney of the owners thereof: arid jfKPata if in the courfe of thirty days after fuch notice the repairs are not done, that ihirtytocrs? then it fhall and may be lawful for the laid commiffioners, or a majority of them, tiiemnwdcT 11 and they are hereby empowered and required to have made fuch repairs, and to furnifh an account thereof to the ovtfner of faid bridge or perfon receiving the toll thereof, requiring him, her or them to pay the amount thereof, and if failure fhould and may issue be made in payment, for the fpace of thirty days, it fhall be the duty of the faid ^ai?"the0o-commiffionersj or a majority of them to iffue execution for the fame, or a warrant b'"iC fofti>e of diflrefs. ; and order fale ;of the goods and chattels, lands and tenements of the amount. owner or J owners of f_ai, d bridge, wihich execution fnhalilt bi e i**igned11by a maj' o r':i'ty of the faid ;commiffi6hers, and directed to the fherififof the faid counties of Bryan oir Chatham, or any cpnftable of .the counties aforefaid, whbfe duty it fhal} be to execute the farne, notice thereof being firft given as required by law in fherifF's fafes for like property, and return the amount of fales to the commiffioners to be applied firft to difcharging the fums due for repairing the bridge aforefaid, and the balance if any to be paid over to the owner of the aforefaid bridge.

.; . CANALS.

2. 'And be it further enabled, That the faid commiffioners {hall annually make return to the judices of the inferior court of Bryan county on their proceedings rela-

tive to the laid bridge. ;

. .'

DAVID MERIWETHER, Speaker of the Houfe of Refrcfentatives,

. ROBERT WALTON, Prejident of the Senate.

A {Tented to February 15, 1799.* ,-JAMES JACKSON, Governor.

An -act to authorize certain commijfioners therein named to ejlablijli a lottery, for the purpofe of raijing the fum of thirty-five thonfand jive hundred dollars, to be appro priated to the cutting a canalfrom the river Alatamaha to Turtle River.
W HEREAS it appears effential to the intereft and convenience of the citizens =. of this, ftate, refiding on and near the waters of the rivers Alatamaha and c^^*' Turtle River, that a communication from the faid /Vlatamaha to Turtle River fhould TurtleRiTCtbe opened, by means of which the produce of thofe parts may be conveyed with more eafeand fafet to market:
i. Be it ena8ed, . by the Senate and Houfe of Reprefentatives, in General. Affembly ^^^. met, and by .the authority of the fame, That it mall and may be lawful for the com- JKw" miffipners hereafter named, to eftablifh a lottery within two years from and after the JlS paffing of this aft, to raife the fum of thirty-five thoufand five hundred dollars, under fuch fchemes and regulations as they, or a majority of them, may deem neceffary and proper for cutting and keeping open the canal aforefaid. " 2. And be it further enacted, by the authority aforefaid, That Henry D. Stone, C Leaton Wilfon, John Burnett, Dr. L. E. W. Shicut, Samuel Wright and John Couper be, and they are hereby ap'pointed, commiffioners to carry the aforefaid lot tery into full effect.
DAVID MERIWETHER, Speaker of the Houfe of Refrcfctitatives. , DAVID^ EMANUEL, Prejident of the Senate.
Affented to December 6th, 1799. JAMES JACKSON, Governor.

'An act to open a communication acrcfs the marjhfrom Hampton River to Racoon Point.
W HEREAS the opening a communication from Hampton River to Racoon , it_. Point near the: ifland of Great Saint Simon, by cutting a canal acrofs a'cami'. jtiarfh- which feparates the famej will be of great public utility by facilitating the na vigation from the faid iliarid and the ports adjacent to the city of Savannah: i. Be it therefore chatted, 'by the Senate-and Houfe of Reprefentatives of the (late of* ,, ,..nf Gft eorgi'a, iin Gs~\ e' neraliAtff/tc"m* bTliy me't, andTIby the authojrity--Jof the*. faJme, That Jjohn C,joupejr, A%pTMpoiniH^'i*en>c * John M'lntofh and William M'lntdfh, Efqrs. be and they are hereby appointed commiffipners to fuperintend the opening and keeping in repair the faid canal, arid to cany into full qffcft t;h* intentions of this aft.

52

CATTLE STEALING.

SdXvefto 2- And be it furi'her' c-natted,. That all free perfons' and flaves Trying and being

workui)0u^ n0rth of a iine'tp be-drawn from a place called the.Village,, to Pike's:Bluff, both ih-

clufive, who are fubjeft to work on the roads in the faid.ifland, fhall be and they are

hereby made fiib.jcft .and liabl'e to work on the faid; canal until the fame be completed,

^B?in!m!e and to keep'it. thereafter in good repair: Provided, That all perfons and flaves fub-

JiaylatoucTM ieft to work on the fame fhall not be compelled to work more than three days at any

time.

Jone ti.me, or more thi an irix diays m any one year. '...

i' - '-

mpdiinKS 8- An& be itfurther enabled, That the faid commiffioners (hail give -at lead'ten: days

S'saMcanai'.or notice to all perfons who refide, and to all overfeers or managers of the eftates of non-

refidents, owning flaves within the aforefaid limits, of the time and place of their at

tendance, for the purpofe of carrying the intent of this at into eft'eft: And if any

perfon fubjeft as aforefaid mall fail to attend agreeably to fuch notice, together with

all flaves owned by them or under their care and management, they fhall be fubjeft

Fines for refu- to the following lines, that is to fay, for the non-attendance of every free p'erfon,

onWicanai; the fum of one dollar per day, and for the. non-attendance of every flave the fum of

feventy-five cents per day; to be levied of the goods and chattels of fuch defaulters

by warrant of diftrefs and fale, under the hands and feals of the faid commiffioners,

or any two of them, directed to any conftable of the county of Glynn, unlefs the

wdesonoateii P arty making fuch default (hall, within ten days thereafter, make fuch e'xcufe on oath

as mall be deemed fatisfaftory by the faid commiffioners: And provided alfo, That-

the faid commiffioners fhall. not iffue fuch warrant of diftrefs, without fatisfaftory

proof being firft made, that the notice required by this aft was duly ferved. :

DAVID EMANUEL, Prcfident of ihe Senate Affented to February gd, 1798.
JAMES JACKSON, Governor,

CATTLE. ,
jtin acl to prevent the Jlealing of horfes. * and neat cattle, and unlawfully branding^ marking, killing, or driving the fame.
E IT ENACTED, That immediately from and after the paffing of this aft, every perfon or perfons, taking or ftealing any thorfe, mare, gelding, colt, filly, or neat cattle, and all acceflaries as well before as after fuch offence commit ted, and who fhall be legally and duly convifted thereof, fhall for the firft offence be let in the pillory^ a fpace not exceeding four hours, nor lefs than two hours in fome public place, by the prov.oft-marfh.al or luYminift.ers, ^nd fuffer fuch imprifonment as the court fhall'think proper, and before difcbarg,ed,f be publicly whipped on his bare back, three feveral times, and receive at each tim,e;: thirty-nine lames, and alfo Ihall behranded on'thefjioulder, with the letter R, and for the ffecond Qffenee,,upon due con-viftion thereof, mall be adjudged.guilty of felony without benefit of clergy, i 2.. Andbeitfurthe.renacT.'e{l; That immediately from and after the paffing of this e aft,,upon the fale or exchange of any horfe, mare, gelding, colt,, filly, or neat cattle,,
* Tins part repealed t>y aft of 1791 which gave place to tliat of ,
j- As far as this aft refpeitsliorfe ft'ealingi is repealed by aft' of X79'i

CATTLE STEALING.

53

the perfon or perfons, fo: felling, or exchanging the fame, if .required by the pur-

chafer, (hall be avouched and.tolled, and a certificate thereof obtained from the toll

matter, except 'however, public fales of. horfes or neat cattle, by executors, or ad-

miniftrators, belonging to the eftatesof perfons deceafed, for which, he, {he, or they

may aft in fuch capacity, and except alfo fales made by tl\g provoft-marfhal or his

deputies, conflables,. or other perfons empowered by any act of the General Affem-

bly of this province, to make diftrefs, and levy execution.

3. And be it further enaBed, That the j.uftices afligned to keep the peace, in the justices of HW

fevcral.parifhes in,this province fhall be.and they are hereby appointed toll mafters, "g^TM'^

in their. rcfpeclive parifhes and they are hereby .declared to have full authority to minEestray'a.

exercife all and every the powers in them vetted as toll mafters, by virtue of this aft.

. 4. And be itfurther enattcd, That the toll mafters hereby appointed, fhall admini-TUHmaster* to

fter oaths to the perfons avouching, or tolling before them refpeQiveiy, touching the avoucMngJmi

.proof of the property of the perfon fo tolling (of the fufliciency of which proof'entothcmmes

fuch toll mafters are hereby declared to be judges) and, upon fuch proof appearing, ;iS''$:ilvks'

they are hereby required and directed to avouch or toll any horfe, mare, gelding, cok,

filly, or neat cattle, produced to them or either of them, and in a book, to be kept for

that purpofe, fhall enter the time of fale, and the name and place of dwelling, of

every feller and buyer of .fuch horfe,; rnare, gelding, colt, or filly, burnt mark or.

other notable (fern mark thereof, and the price for which the fame is fold, or the.

value of what may be. given in exchange, and (hall under his hand and feal, give a

certificate of fuch entry, to every perfon requiring the fame, upon the payment of

one (hilling and fix pence for his trouble therein, under the penalty, of three pounds

for every negleQ: or refufal of any or either of the faid toll mafters.

g. And be it further enaBed, That, if any horfe, mare, colt or filly after the paffing stolen i,,,TM-., .

of this aft fhall be ftolen,. and afterwards fhall. be fold and tolled ,as aforefaid, 1TMTM^:

that yet neverthelefs the fale of any fuch horfe, mare, gelding, colt or filly, fhall

not take away the property of the owner from whom the fame was flolen, fo as

a claim to be made, in fix months after the offence or felony done, by the party

from whom the fame was ftolen, or by his executors or adm-iniftrators, or by any

other perfon of their appointment, in the parifh where the fame horfe, mare, gelding,

colt or filly fhall be found, before any juftice of the peace of the faid parifh, and

fo that the proof be made within forty days, then next enfuing by two fufficient

witneffes to be produced, and depofe before fuch juftice of the peace, that the.

property of fuch horfe, mare, gelding, colt or filly fo claimed was the property

of the party by and from whom fuch claim is made,; and was flolen from him or her

within fix months, next before fuch claim of any horfe, mare, gelding,, colt or filly,

but that the party from whom faid hor.fe, mare,, gelding, colt or filly was ftolen,

his or her executors or adrniniftrators fhall and may at all times -after not\vithftand-

ing any fuch'fale or fales, have again and enjoy the faid horfe, mare, gelding, colt or

filly upon payment of the party that mall have in poffqflion, the fame, fo much

money as fhall appear to have been paid by him or her, by a certificate from the

toll matter,,: or by path before any juftice of the peace,; that he or fhe^has paid filch

v.alue without fraud or cpHuiion, any law,cuftom, or ufage to .the; contrary notwith-

flanding. ?,-:

,

6. And be'it further enaBed, That no toll matter hereby appointed fhall toll any T)i mastTM

horfe,, mare, gelding, colt, filly or neat cattle, folder offered for fale by any perfon "wbnmJMby

or perfons not being freeholders in this province, unlefs the faid perfon or perfons j^$J>

produce a certificate, under the, hands and fcals ofI two or more juftices of the peace SV^S,"

54

CATTLE STEALING.

of their refpeclive counties or pariflies where they ufually refide, of their being legal ly poficffed of the fame, under the penalty of three pounds for every horfe, mare, gelding, colt, filly or neat cattle fo by him tolled. .penaltyfor UB- J And in order to prevent, as much as may be, the pernicious prafiice of unSnsfmayrktas,d" lawfully branding, marking, or disfiguring of horfes and neat cattle, Be it further enacted^ That immediately, from and after the pairing of this aft, every perfon and perfons within this province, who {hall be lawfully convifted of killing, or of brand ing, marking, or disfiguring the brand, or altering the brand of any horfe, mare, gelding, colt, filly or neat cattle, or of driving them, or either of them,' off from their ufual range, or place of feeding, wantonly and not with an intention to ftcal, not being the property of fuch perfon or perfons, (except by order and direction of the lawful owner or owners thereof) upon oath of any one or more evidences before two or more juilices of the peace, iu any parifh within the fame, (hall, befides the damages otherwife recoverable by law, forfeit for every fuch offence, a fum not ex ceeding eight pounds,* to be recovered by warrant of diftrefs, and fale ofxthe of fender's goods-, under the hands and feals of fuch .judices, and be applied one half to the informer or informers, and the other half for the ufe of the poor of the parifh where fuch offence was committed: and in cafe no diftrefs mall be found whereon to levy fuch forfeiture, then, and in fuch cafe, the party or parties offending fhall be committed to the common jail of Savannah, there to remain for the fpace of one month, and fhall receive fuch corporal puniihment, by whipping on the bare back, not exceeding thirty-nine lafhes, as to fuch juftices {hall feem meet. I.IIM penalty 8. And be itfarther enabled, That no perfon, or perfons 'whatever mail order 6r nSratoTifi, direcl: his, her or their flave or (laves to kill, mark, or brand, any horfes or neat cattle, &<: ' fuch perfon not being at the fame time prefent, or caufing forrie white perfon to be preient, at fuch killing, marking or branding, nor'fhall'order any of his, her, or their Have or Haves, to drive any horfe or neat cattle from their ufual place of feeding, unlefs he, fhe, or they {hall give fuch flave or flaves,; a ticket in writing, for that purpofe, under the penalty of a Turn not exceeding eight pounds to be heard, and adjudged, recovered and applied, as herein is before direfled, and in cafe any flave S?rty!ntaSMive or flaves mall be found killing, marking, branding, or driving any horfe or neat catlasjws. tje^ contrarv to tjje dir,etions of this aft,' every fuch flave or flaves being convicted thereof, by the evidence of a white perfon, or of a flave, fhall be punifhed by whipping on the bare back, not exceeding thirty-nine lafhes, by order or warrant of any juftice of the peace, before whom the fael fhall be proved.
9. Relates to eftrays, repealed by aft of 1791. 10. And, whereas there are in many parts of this province gangs of wild horfes and neat cattle, to which, or any of which, no property can with any degree of certainty be claimed or made out, and the keeping fuch horfes and neat cattle within enclofures wd haws for any length of time will be attended vyith considerable trouble and expence; Be it "uutfauSd*further enabled, That in cafe any perfon or perfons {hall drive upon and pen, or put of. in any enclofure any horfe, mare, colt, filly or neat cattle that are wild, fuch perfon or perfons {hall give notice thereof, to any toll mafter in the parilh where the fame mall happen, within ten'days after fuch driving up, under the penalty of twenty {hil lings for every fuch horfe, mare, colt, filly, or neat cattle, fo drove up, to be recov-, ered, levied and applied, as herein is before directed, and fuch toll mafter is hereby direfted and required, to fix an advertifement at the feveral places of worfhip, or at

, * Magifcues jurifdi&ion reduced to thirty dollars.

CATTLE STEALING.

55

the courts of corifcien.ee in fuch parifli; and if within thirty,miles of Savannah, then

alfo in the gazette, giving notice thereof, and where fuch. wild horfes, mares, colts,

fillies, or neat cattle are, and that any perfon or perfons claiming any right or title to

any fuch horfes, mares, colts, fillies,, or neat cattle may view the fame, and claim

fuch right within thirty days, and, in cafe any perfon or perfons {hall within fuch

time prove his, her, or their property therein to the fatisfaftion of the toll mafter, the

fame to be delivered to him, her, or them upon paying fuch reafonable charge and

expence, for driving up and keeping fuch horfes, mares, colts, fillies, or neat cattle,

as the faid toll mafter mail direft, together with one {hilling- and fix pence for his

trouble therein, and in cafe of refufal of paying the fame, then fuch charge and ex-

pence, and fees for the fame, to be levied by warrant of diftrefs and fale, under the

hand And feal, of fuch toll mafter, either.upon fuch horfes, mares, colts, fillies, or

neat cattle, or upon any other of the efFefts of fuch perfon or perfons; and in cafe

no owner or owners mall appear to claim fuch horfes, mares, colts, fillies, or

neat cattle, within the time limited by fuch advertifement, it mail and may be lawful,

to and for fuch toll mafter, to fell the fame by public out-cry, and out of the pro

ceeds thereof, to pay the reafonable charges of driving up and keeping, and the re

mainder after deducting his fees, and charges of fale, to be applied as herein before

directed.

.

'11. And be it further enafted, That, every horfe, mare, gelding, colt, filly, or neat Horses ami cattl.e, thi at mn al1l1 or may ihereafcter lbe Inni ppedIP-from any port i n tht is province, mit ai11l, lbe- ^tle0f"cpft-,ex^pofr0trai:-

fore the fame be put on board any ihip or veifel, firft be avouched and tolled before ^cuTMTMcners

the comptroller of the country duties at their refpe&ive ports, from whence the fame "boo'tfor'thi't

are intended to be fhipped, who are hereby directed and required to avouch, and-pui?ose'

toll the fame, and in a book to be kept for that purpofe, fiiall enter the time the fame

was or were avouched and tolled, and the name of fuch perfon fo avouching and

tolling fuch horfes, mares, geldings, colts, fillies, or neat cattle, and the burnt mark

or other notable flefla marks thereof, and the price, or prices that was, or were for

the fame refpeftively given, and mail, under his hand and feal, give a certificate of

fuch entry to the perfon or perfons fo avouching or tolling the fame, upon the pay

ment of one fhilling and fixpence fterling for his trouble therein, under the penalty

of five pounds for every negleft or refufal of the faid comptroller.

12. And be it further enabled, That the faid book fhall be liable to be infpefted ?c ii^tei?

by any perfon or perfons whatfoever, upon payment by each and every perfon or

perfons to the faid comptroller or comptrollers the fum of nine pence for each fearch.

13. And for the better preventing any horfes, mares, geldings, colts, fillies or S^i^S0'

. neat cattle, being fhipped or exported before the fame {hall be fo avouched and tolled t!" telkd>

as aforefaid, the mailer or commander of every fhip or veffel (hall, before the veflel

be cleared out on board which the fame fhall be (hipped or intended to be fhipped,

be obliged to take the following oath before the comptroller of the country duties, ^jft^feTM-

that is to fay : That the manifeft of the cargo then produced contains a true and juft eatll>

account of all the cargo; that there is no horfe, mare, gelding, colt, filly or neat

cattle on board the faid fhip or veflel except what is mentioned and contained there

in; and that he doth not intend, or -will take on board his veffel, before his de

parture from this province any horfe, mare, gelding, colt filly or neat cattle, tobeadni;,,i4.

except as expreffed in the manifeft aforefaid: which oath the faid comptroller of thecomptraiiw.

port where any vcflel or veffels fhall Clear out, is hereby empowered and required to

adminifter to every mafter or commander of any fhip or vcflel, under the penalty undcrthe eil

of three pounds for every mafter of any fhip or veffel he fhall omit or neglecl to jiiS'"*"11"

' . '' ; .CATTLE.
fwear-as aforefidd; and every horfe, mare, gelding,. : colt,' filly or neat cattle that ' mall or maybe put or (hipped on board-any fhip or veffel, without being firft avouched
and tolled as aforefaid, fhall be forfeited and fold, the one half of the monies arifing from fuch fale to'be for the ufeof the informer, the other to ; be paid into the hands of the public t-reafurer., and ^applied as ,the General Affembly may hereafter direct, and the faid comptroller or comptrollers are;hereby authorized and empowered, in formation being firft made on oath,of any horfe,, mare, gelding, pplt, filly or neat cattle being put on board any fhip ar vaffel, without being avouched and tolled asaforefaid, to go and enter on board fuch ifoip ,or veffel ra the, day time, and make fear-civ'ia all parts thereof and .all and every horfe, ;mare, geldi-ng, cplt, filly pc neat cattle therein found, and not avouched,, tolled and elite-red with the faid comp troller or comptrollers as aforefaid, to take, feizs, .drive and convey away; and if any, ( perfon or perfons whatsoeverflja.ll refift or-opppfe the faid comptroller or comptrollers r/in?tifr'r""' i''1 tne ^ uc execution of this aft, every fuch perfon fo offending |hall forfeit and pay the hl"!!u'Ilcr '" 'ura of twenty pounds: all "which laid fines and forfeitures to be ,l\ied for,and reco vered :by action of debt, bill, plaint or information, (in ,an,y court of record .within this province, wherein no jeffoign, privilege or wager.of law, or any more thaji on.e .imparlan.ce ftall.be allowed; and that the fines and forfeitures be difppfed .of as herein before mentioned. continuance of 1 4- And'be itfurthcr en&ftcd, That this -aft (hall coiitinue -.and be in force, for .and timaci. .(Juntig the term of two years from the paffing thereof, and from thenceto the .end of the next feffion of'the General Afferobly.and no longer.
J3y Order of :tbe Upper Houfe of Affembly, WILLIAM YOUNG, Speaker. .
,By .Order of the Upper Houfe, JAMES HA6.ERSHAM, Prefi-dent.
JAMES WRIGHT. September, 1773.

CATTLE, ACT TO ESTABLISH INSPECTION OF.

An a& to empower the jujliccs of the inferior court of the county of Camden or a majo rity of them to appoint infpectors of cattle in Jaid county.

tntojor.court t . TJ IT EN ACTED, That it mall be the duty of the juftices of the inferior

syeaofs of cat- J[j> court of the county of Camden, to meet at the court houfe in faid county,

on the firft Monday in February next, and there to appoint two fit .and proper per-

fons to infpeft all cattle which may be drove through or from the county of Camden

twr.htoe*f,lioa>lflfeekne-ep

to the Ipro. v, ince of.. Eaft Florida by/ t akingP , the marks and, .bra. nds cording the lame in a book to be kept for that purppie by mm.

of

each,'

; and

re-

ation. 2 - ^ nd be it further enattcd, That the owner or owners of faid cattle, mall pay to

faid infpeftor, fix and one quarter cents for each head of cattle fo infpefted.

fome- 3- And be it alfo enaclcd^ That any perfon or perfons, failing or neglefting to give

ttic in- information to the faid infpeQ;or, :of his, her or their intention to drive cattle from this

{late to the province of .Eaft Florida, and do aftually drive the fame without being

infpefled by the infpe&br or.infpeftors appointed by virtue of this acl, fhall forfeit

CEMETERY OF CHRIST CHURCH,

for each head, ten dollars, to be recovered by aHon of debt, in any court having

cognizance of the fame, the one half to the perfon informing, and the other part to

the ufe of the county.

DAVID 'MERIWETHER, Speaker of the Houfe of Repr'tfsntaiives.

DAVID EMANUEL,. Prefident of the Senate, '

Afiented to December 5th, 1799.

JAMES JACKSON, Governor..

-

'

CEMETERY OF CHRIST CHURCH.
An aB, for amending an aft, for conjlituting and dividing the fever aldijlriffis and divtjiom, of this province into parijhes,andfor ejlablifliing religious worfhip therein, according to the rites and ceremonies of the church of England ; and alfo for empow ering the church wardens and veftry-men of the refpettive part/lies, to ajfefs rates for the repair of churches, the relief oj the poor, and other parochial fervices, and for en larging the public burial ground at Savannah, and cnclofing the fame.
1. DireQing church wardens, &c. to levy a parifli tax--repugnant to the conftitution. See ictli feQion of the fourth article thereof.
2. And whereas the cemetery in the parifli of Chrift Church, belonging to the faid ccmctcvyf parifli, is become too fniall for the occafion: Be it further enaffed, by the authority cni"icd.TMK aforefaid, That the faid cemetery be enlarged 'and extended to the line of Abercornftreet to the weihvard, and one hundred feet to the fouthward, the whole to contain two hundred and tea feet, fquare; and church wardens and verity-men of the .faid pariih are hereby empowered at their difcretion to agree with and hire workmen .to complete, enclofe and finiih the fame.
3. And be it further enaffed, by the authority ajorefaid. That there be laid out and f0"rwE?f4 enclofedin a line with the faid cemetery, adjoining the lines of the common, towards the five acre lots, a place of two hundred feet fquare, for the conveniency of a bujrial ground for negroes.
By order of the Upper Houfe of Aflembly, LEWIS JOHNSON, Speaker.
By order of the Lower Houfe, TAMES HABERSHAM, Prefident.
JAMES WRIGHT. April yth, 1763.

An acl to empower the churchwardens and vejlry oj- the parijh of Chrijl Church to ent . large the cemetery or public burial ground, at Savannah, and to enclofe the fame.
W HEREAS the cemetery or public burial ground for the parifli of Chrift fwabic, ; Church, notwithstanding the addition made thereunto by an acl of the Ge neral Aflembly, patted on the feventh day of April, in the year of our Lord one
H

fi8

CITIZENSHIP,

thoufand feven hundred and fixty-three, is apparently too finall to anfwer the purpofes thereby intended, and it appearing neceflary to make an addition thereunto: chSJtc'iwrch Be it therefore enabled, That, immediately after the paffing of this aft, it fhali and may be lawful to and for the church wardens and veftry of the parifh of Chrift Church aforefaid for the time being, and they are hereby authorized and empower ed to lay out an addition of one hundred and feventy feet in length of and from the common of the town of Savannah, and adjoining to the eaflward the prefent ceme tery or public burial ground; and that the addition fo laid out, made and extended, fhall from thenceforth for ever, be and remain as part and parcel of the faid ce metery or public burial ground, and that the church wardens and veftry of the faid parifh for the time being fhall be, and they are hereby empowered to enclofe the fame accordingly at their dilcretion, any thing in any law heretofore enacted to the con trary notwithstanding.
By order of the Lower Houfe of Affembly, ALEXANDER WYLLY, Sfcahr.
By order of the Upper Houfe, N. JONES, Prefident.
JAMES WRIGHT. nth April, 1768.

CITIZENSHIP.

An aU to admit certain f erfons to the rights of citizenJJiip.

Preamble,

W HEREAS, John Haupt, Peter De Bofg, Juftus Hartman Scheuber, Fran cis De Block, William Blogg, William Finden, James Merclies, John Wal

lace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coales, Alexander

Biffett, Henry Sowerly, Gabriel Leaver and Francis Wattington, who have petition

ed this houfe to become citizens of this ftate, previous to the paffing the citizen bill;

i. Be it therefore enabled by the reprefentatives of thefreemen of thefiate of Georgia,

in General Affembly met, and by the. authority of the fame, That the faid John Haupt,

Peter De Bofg, Juftus Hartman Scheuber, Francis De Block, William Blogg, Wil

liam Finden, James Merclies, John Wallace, Daniel M'Garvey, Ralph De Pafs,

Jacob De Pafs, William Coales, Alexander Biffet, Henry Sowerly, Gabriel Leaver

and Francis Wattington, are hereby admitted to all the rights of citizenfhip, any lav;

to the contrary notwithstanding.

,

Signed by order,

JOSEPH HABERSHAM, Speaker.

February igth, 1785.

An aft to admit certain ferfons therein named to the rights of citizenjhif.
W HEREAS, William Pingrie, Peter Donworth, Thomas Collier, Andrew/ Afekinfon, Thomas Cole, and Francis Forbes, have petitioned this houfe to become citizens of this ftate, and did at the fame time produce good andfufficient cre dentials of their honefly and integrity, and this houib being iatisfiedof the authen ticity of the fame.

CITIMMSHIP,
i. Be it therefore enatied by the reprefentatltm of thefntmnof the Jlatt of Geor gia in General Affembly met, and by the authority of the fame, That the faid William Pingrie, Peter Donworth, Thomas Collier, Andrew Atkirtfon, Francis Forbes, and Thomas Cole, are hereby admitted to all and finguJar the rights and privileges of citizenmip, any law to the contrary notwithftanding.
By order of the Houfe, WILLIAM GIBBONS, Speaker.
Augufta, February 1.3111,, 1786.

'An aft to admit Alexander Stevens and others to the rights of
i. "T 7S 7HEREAS, Alexander Stevens has petitioned the legiflature of this Hate to V V be admitted to the rights of citizenfliip and his petition has been fupport-
ed by the recommendations of a large number of citizens : Ee it enabled by the rc~ prefentativcs of thefreemen of the/late of Georgia in General AJfembly met, and by the au~ thority of the fame, That the faid Alexander Stevens be, and he is hereby admitted to all the rights and privileges of citizenfliip exercifed within this ftate.
2. And be it enaded by the authority aforefaid, That Ifaac Herbert, Thomas King, and Duncan Manfon, be alfo admitted to the privileges of citizenfliip within the faid ftate.
3. And be itfurther enaffed, That Charles Murray, Efq. of .Madeira, be entitled to all the rights, privileges and immunities of a citizen of this ftate in like manner as if he had remained in America during the late war.
By order of the Houfe, N. BROWNSON, Speaker*
February i ft, 1788,

An a& to prevent the clipping and mutilating' the Current coin of this Jlattt, '

A. T 71 7HEREAS the moll mifehievous confcquences are daily experienced by Preaml>1'ii

V V the good citizen's of this ftate, from the nefarious practice of clipping

ftnd mutilating the circulating fpecie thereof, to prevent the fame, Be it enabled by theo^iA^Asi\vf.t

reprefentatives of the freemen of the Jlate of Georgia in General AJfembly met, and |C|M to"pa

by the authority of the fame,, That all gold and iilver coin of full weight fliall pafs

current by tale within this ffate.

2. And be it further enabled, That if any perfon or perfons fhall prefume to cut,

clip or mutilate the gold or filver coin current in this ftate, after the firft day of EESoftte a

March next, he, me or they fo offending, and fhall be lawfully covifted thereof, mall lTM

forfeit for the firffi offtence, the fum. of one hundred pounds, one half to go to ce

the

informer,

and the

other

half to go to the ufe of the academy

within

the

county

|liall suffer
death.

or counties where fuch offence may be committed; and for the fecond offence on

conviction thereof before any court of judicature having cognizance thereof, he,

fhe or they ftiall and are hereby declared to be guilty of felony, and fliall fuffer death

without benefit of clergy.

'

' -

Auguftaj February 3, 1789,

JOHN POWELL, Speaker,

COIN, FORGERY OF.--See Forgery.

6'

COIN, RATES OF.

.

' An aft for regulating the rates of coin.

Dollars to he rated at eight

t. Y)E IT ENACTED by the Senate and Houfe of Representatives of the /ate of

shillings ;iml four pence and

JLJ G^eo. r_gia .in ^ General A*J*,Jembl*y met,- and b*y the authority o^j the ^fame,- That

li'twrne1^ a^' ter ^l " e nfirff^t d^a y f J u 'y nex.tt, a SSpaanniiiihh milled dollar (fhall pals and be received in

rortwn, payment of all debts which may be contracted by or with any perfon or perfons within

this ftate, and in payment of all taxes that, may be laid or affeffed after the prefent fef-

fion, at the rate of eight millings and four pence, and all other coins in the fame rate and

orcoiu"raa!for proportion: Providedneverthetefs, That this aft fhall not be fo conftrued as to affect

liwofofficmf" an y contract or money tranfaction, made or entered into prior to the firft day of

July, one thoufand feven hundred and ninety-five: And provided alfo, That no

thing herein contained (hall be fo conftrued as to reduce or alter the fees or falaries

of the feveral officers within this ftate.

THOMAS NAPIER, Speaker of the Houfe of Refrefentative's.

BENJAMIN TALI AFERRO, Prtfidcnt oj- the Senate.

GEORGE MATHEWS, 'Governor.

December 29, 1794.

CONGREGATIONS.

An ace to enable tlit trujhes of the White Bluff congregation in the county of Chatham, to fell and convey a certain tracl of land.

i. TTT T HERE AS on the fecond day of October, one thoufand feven hundred

VV and fifty-nine, a certain tract of land containing one hundred acrest fituate and being in the diftriQ of White Bluff in the county of Chatham, was

granted unto Johnjoachim Zubly, Michael Burgholder, Simon Gering,George Torig,

Jacob Thiefs, Thomas Frafer and George Uland, in truft for the congregation and

meeting-houfe of the faid diftrict: And whereas the faid congregation have by their

petition reprefented that the faid tract of land is in no wife productive, nor any benefit

derived therefrom, and prayed that an act may be paffed to enable the truftees of the

faid congregation and meeting-houfe to fell and convey the fame :

e.,HErcpion ut'tniaalilicyhfiovocsterauns--

i. Be it therefore Georgia in GenJeral,

enaSed by the AJJ~e, mb, l,y' met,

Senate and Houfe of Reprefentatives of the and,,by thr e auth1 ~oJ ri.tyJ ojr tn*. t -J' ame, 1^.ha^t th. e

ft ate of i. nh1 ab, i/

tants of the faid diftrict of White Bluff', being members of the faid congregation be

longing to the faid meeting-houfe, mail on the firft Monday in March next, and on

the fame day annually and every year thereafter, aflemble and meet together at the

faid meeting-houfe, and proceed by ballot to the choice of feven fit and proper per

fons, members of the faid congregation, and refidents and freeholders in the faid dif

trict, to act as truftees to the faid congregation and meeting-houfe.

who=Mtto- 2. And be it further enaSed, That the perfons chofen truftees as : aforefaid, or a

of?nrdoncr- maj ority ^ them, mall, and they are hereby vefted with full power and authority, as

any tjme a fter ^Q %{& frrfl. Monday in March next, to fet up and expofe t.o fale on

a credit of five years, the faid tract of land of one hundred acres, to the higheft bid

der, firft giving at leaft thirty days notice in the gazette of Savannah, and in three or more

public places in the faid diftriCl, and to make and execute good and fufhcient titles

for the fame in fee fimplc to the purchaler or purchafers thereof, on the following

CONGREGATIONS.

;6i

terms and conditions, that is to fay, the purchafer orpurchafers of the faid tra6l of

land, fhall give bonds with fach good and fufticient perfonal fecurity as a majority

of the {'aid truftees. fhall allow and approve of, together with a mortgage on the pre-

mifes for fecuring the amount of the purchafe money and annual intereft thereof,

payable by five annual and equal inttalments, the firft payment to be made in twelve

months from the day of fale; which bonds and mortgages fhall be given and made

payable to the faid truftees and their fucceflbrs in office, to and for the ufe and bene

fit of the faid congregation. And the faid truftees, or a majority of them, or their

fucceffors in office, are hereby vefted with full power and authority, in cafe of refufal

or negleQ, to pay the amount of the faid bonds and the intereft. due thereon, to fue for

and recover the fame by aftion at law, in any court of record in this ftate having

jurifdiclion in fuch cafcs, and to foreclofe the equity of redemption in the faid mort

gage, and to take all legal ftepsjFor the recovery thereof, as if the faid truftees were

a body politic and corporate.

And be it further enacted, That the faid truftees and their fucceflbrs in office fhall jhcnwn^a.i.

lay out the faid money to fuch ufes, intents and purpofes as the faid congregation fhall, spajsectd0bfebdi'st-h(,

by their vote taken for that purpofe, direQ: and appoint.

emigration.

THOMAS STEVENS, Speaker of the Houfe of Reprefentatives. BENJAM1N TALIAFERRO, Prejident of the Senate. Concurred February 18, 1796. jARED IK.W.IN,. Governor.

An a& to authorize and empower the truftees of the White Bluff congregation tofell and convey certain land therein mentioned.
i. T T 7HEREAS the White Bluff congregation, in the county of Chatham, hath Pream-bkV V petitioned this legislature for leave to fell and convey a piece or parcel of
land, innate on the top or front of White Bluff, which was originally laid out and referved to, and for the ufe of the holders or owners of fifty-acre lots, within the diftricl of White Bluff to be improved by them as a town: And whereas the faid lot holders have agreed to relinquifh all and every claim or claims for ever that they or their heirs have, or may have in or to the faid piece or parcel of land: Be it therefore enatted by.-the Senate and Houfe of Reprefentatives of the flate of Georgia, in Gene ral Affembly met and by the authority of the fame, That the truftees for the faid White Bluff congregation, be and they are hereby authorized to hare expofed to public fale, the faid traft of land which was originally referved as a town or common for the holders of fifty-acre lots within the faid diftrift, faid to contain twenty acres, be the fame more or lefsy except fuch part as Jacob Thiefs one of the faid lot holders is legally entitled to, the faid truftees giving thirty days notice of fuch fale.
2. And be it further enatted, That, the faid piece, or parcel of land, fhall be fold on a'credit of one and two years, the purchafers giving bond and mortgage of the laid land, conditioned for the payment of one half of the purchafe money in twelve months from the date of the purchafe, and the remainder in one year thereafter.
3. And be itfurther enatted, That the money arifing from the fale of the faid land, fhall be paid into the hands of the faid truftees, as a fund to and for the ufe of the faid

CONFISCATION AND AMERCEMENT.
WlrUe BlufF congregation, to be expended and applied as the faid congregation, or majority of thetu ihall determine,
DAVID MERI WETHER, Speaker of the Hvufe of ReQrefentat'ive*. , DAVID EMANUEL, frefident of the Senate. Affented to, February ad, 1798. JAMES JACKSON, Governor. '

CONFISCATION AND AMERCEMENT.

An aft for attainting fach perfons as are therein mentioned of high treafon^ and for

con/Ifcating their ejiates, both real and perfonal to the ufe of thisjtate ; for ejlablifliing

Boards of CommiJJioners for the fale of fuc.h eftaiesr and,for other purpofis therein

mentioned.

.

i .T7| THERE AS, the king of Great Britain, did on the nineteenth day of April V V which was in the year of our Lord one thoufand'feven hundred and feventy-
five, commence a cruel and tinjuft war againd the good people of America, -with intent to reduce them under fubjeclion to a ftate of lawlefs fway and abfolute defpotifm in violation of the ancient conflitution, and utterly fubverfivc of the fame ; And zvhereas, the faid king in order to carry the faid flagitious and deftruftive fyftem of government into full effeft, did fend a body of his troops on the aforefaid day and year, which troops did wantonly attack and murder the peaceable inhabitants of America, whereby the faid king did forfeit and forefault every right and title to the allegiance of the faid people, and by other and various methods, did do away and deftroy the great end of all civil inftitutions, the public good -. And whereas, the powers of government incapable of annihilation did devolve upon the people for exercife of the fame, and the faid people, did (as of right and juftice they ought) enter into a full exercife thereof for their common fafety and happinefs; And whereas, at a General Congrefs held at Philadelphia, a declaration of the ancient and inherent rights of the people recognizing the above principles of government, and the necelfity of a fmalfeparation and diffolution of all political connection with the king and realm of England, took place on the fourth day of July, one thoufand feven hun dred and feventy-hx, afferting the thirteen United Colonies to be free and Independent States, and in full and abfolute poffeffion of every fupreme power which free and independent Rates and powers do, and ought of right to enjoy, which declaration not only confirmed the powers of the feparate ftates, but plainly, and manifeftly recongnized; the juftice and political, neceflity of affuming and exercifing the powers which reverted to, and devolved upon the people on the breach which was made by the faid king of Great Britain on the faid nineteenth day of April in the year of our Lord one thoufand feven hundred and feventy-five, in the original contract which fubfifted between him and'the people ; And whereas it is both ju{t ; ancl'Conftitutional that all and every allegiance and other duty which was due from the good' people of
America on the faid nineteenth, day of April, which was in the year of our Lord one thoufand feven hundred and feventy-five, fhould be immediately transferred and ac cordingly were by means of the faid breach transferred from the laid king, to the powers which aifumed the rights and exercife of government; Arid, whereas, various perfons, inhabitants of this ttate, in, contempt of the laid allegiance and duly fo transferred as

CONFISCATION AND AMERCEMENT.

63

aforefaid did traiteroufly avoid the fame, and led away by their wicked devices did contumacioufly aid, abet^ affift, and comfort the troops and vaffals of the faid Britannic king then ravaging and plundering the coafts and towns of America, and by every favage and inhuman practice, murdering and deftroying the good people of the fame; And whereas it is but reafonable and juft that the eltates both real and perfonal of all fuch perfons, refiding within this ftate, on, or fince the laid nineteenth day of April, who have refufed their allegiance to the governing powers of the fame, ihould be forfeited and confifcated; which forfeitures and confutations are further recommended confiscations by Congrefs to be carried into immediate execution, with intent therefore that effectual bycongreV juftice may be done, and, all fuch defections and treafons meet with their due punilhraents, and alfo that the fame may be prevented in future. Be it enacted by the repre- raetmf therein fentatives of the freemen of the Jl ate of Georgia, in General AJJ'emMy met, and it is Sd^jmi'g-'
hereby enafted by the authority of the fame. That, Sir James Wright, John Graham, w^rea.TM >Henry Yonge, jun. William Mofs, Robert Smith, James Hume, Willliam jQ^,^^""1"10 '"^ Yonge} Charles William M'Kennen, George Barry, Alexander Wylly, William Johnfon, John Leghtenftone, John Mullryne, Jofiah Tatnall, William M'Gillivray, John Joacim Zubly, George Kincaid, John Hume, Jofeph Farley, Robert Reid, Thomas Reid, John Bond Randell, Henry Yonge, fen. Philip Yonge, James Robertfon, James Brown, (fchool-mafter) David Johnfton, Alexander M'Goun, William

Jofeph Johnfton, John Johnfton, George Wilds} William Love, Charles Hall,

James Moore, Samuel Moore, John Hubbard, Matthew Marfhal, Jofeph Marfhal,

Thomas Brown, (late of the ceded lands,) Thomas Scott, (late of the ponds on Oge-

chee Wilkes county) William Frafer, Timothy Hollingfworth, Valentine Hollingf-

worth, William M'Donald, John M'Donald, John M'Donald, (taylor) William

Rofs, (late of Saint Andrew's Parifli,) Daniel M'Leod, Alexander Baillie, Alexander

M'Donald, David Rofs, Daniel M'Donald, Roderick M'lntolh, Angus Bacon,

Thomas Young, Simon Munro, Simon Patterfon, William Lyford, Robert Baillie,

James Kitching, Roger Kelfall, James Spalding, Robert Portions, Alexander Creigh--

ton, Robert Moodie, William Clark, (late of Saint Andrews Pariih) James Chap

man, Charles Watts, William Bofomworth, Sampfon Williams, Garret Vinfant,

George Vinfant, Daniel M'Garth, James M'Garth, George Profiler, James Shavcis,

John Spicei\ John Martin, of Jekyl ifland, John Froft, William l?roft, Cornelius

Dunn, John Dunn, John Pettinger, Robert Abrams, (batter) Jofeph Rains (late of

the parim of David,) Bafel Cowper, Jun. Thomas Stringer, John Hopkins (pilot)

William Okies, William Colville, (pilot) John Murray, Anthony Stokes, John

Wood, (late of Savannah, merchant) James Edward Powell, jerrnyn Wright,

Charles Wright, Thomas E.atton, James Taylor, (merchant) George Finch, Philip

Moore, William Panton, John Sinipfon, (Sabine Fields) Charles M'Cullock, late of

Savannah, be attainted and adjudged guilty of high treafon, againft this ftate, and

they are hereby attainted and adjudged guilty of the fame accordingly.

2. And be it further cnacledbythc authority aforefaid, That in cafe any or either ofpenTMonViS!

the perfons above named, and who are herein and hereby attainted of high treafon, "rBbneetake'

fhall hereafter return to this ftate, or be taken in arms againft the authority of this ftate,!," ta"!r'i'oncli

or or

the United States, and (hall be brought within perfons fhall be fubjeftto arreft, imprisonment

the limits and trial

of for

this the

ftate, crime

offuchhigphetrrea-'<1-u!ei''lc'it"

up

fon, and ihall on conviflion thereof in any court of record where, by the laws of this

64

CONFISCATION AND AMERCEMENT.

ftate fuch perfon or perfons {hall be triable, to receive fentence, and j udgment of death, and {hall fuffer accordingly.
3. And whereas fuch perfons as have forfeited the perfonal- protection of, and been guilty of high treafon againft the (late, contrary to their duty and allegiance to the fame, AH property do alfo incur the forfeiture of their property and poffeffions, both real and perfonal, pflolS,nf at-and it being highly reafonable, that theeftates real and perfonal, of traitors who are forfeitechmS18 'hereby attainted fhould be difcovered and applied to the ufe of the good people of gveosvteerdnminetnhte, thi i*s fntate, i n thf e molnt ipccdy .andi erJTr*ecotu'ali manner, and that due provifion be made for the fatisfaftionof alljuft and lawful claims which any of the good friends of this ftate may have to, out of, or upon the eftates of fuch difaffefted perfons and traitors.
4. Be it there-fore further enabled by the authority a/orefaid, That all'and every the. lands and heritages, debts, or furns of money and goods and chattels, whatsoever and generally the goods, chattels and effects, heritable and moveabie real and perfonal, of what nature or kind fo ever they be, within this it ate whereof any perfon or perfons who fince the faid nineteenth day of April which was in the year of our Lord one thoufand feven hundred and feventy-five, is or are hereby attainted and adjudged guilty of high treafon againft this ftate, for levying war againfl the fame .or conlpiring againft its fafety, or for any other high treafon whatfoever, committed fincethe faid nine teenth day of April in the year of our Lord one thoufand feven hundred and feventyfive, within this ftate or elfewhere, was, were or mail have been feized or poffefled of, or interefted in, or entitled unto, on the faid nineteenth day of April, in the year of our Lord one thoufand feven hundred and feventy-five, or at any time afterwards in his, her or their own right, or to his, her or their own ufe, or whereof any other per fon or perfons, as were, or fliall have been feized and pofTeffed of, or interefted in or .entitled unto, to the ufe or in truPc for them or any of them, {hall according to the feveral and refpeclive eftates and interefts which the faid perfon or perfons attainted fince the faid nineteenth day of April, in the year of our Lord one thoufand feven hundred and feventy-five, or any in truft for them, or any of them, had or {hall have had therein as aforefaid, or did, or might, or {hall forfeit by fuch attainder, ftand and be forfeited to this ftate, and {hall be deemed vefled and adjudged, and is and are hereby declared and enacled to be in the real and aftual poilelEon of the government thereof, without any office of inquifition thereof hereafter to be taken and. found, and without any declaration of forfeiture to be obtained.
And to the end that all the eftates of the faid traitors of what nature foever withinthis ftate, hereby or otherwife vefted or hereby intended to be vefted in this ftate, and the yearly and other values thereof, and all encumbrances thereupon may be the bet ter difcovered known and afcertained, and that the fame may be fecured, fold and difpofed of, and that in the mean time the rents, iffues and profits thereof, may be recovered and brought in, for the ufe of and to defray the grievous and heavy expences accrued in defending this ftate, againft the attacks of its cruel invaders; and that due examination be taken and fatisfafclion be made of all juft and lawful claims to, up
on or out of the faid eftates or any of them. 5. Be if, thereforefurther enaBed, by the authority aforefaid^ that five perfons, be ap-
ibowdof pointed by the ballot of this houfe, to acl as a board of commiffioners in each cotinISluedTnTM ty within this ftate except as herein is hereafter excepted, that is to fay: for the county So^'S'10 of Chatham, George Walton, Thomas Stone, John M'Clure, Edward Davis, and cSesindto- Ambrofe Wright--for the county of Effingham, John Poftell, Henry Wood, jatcrcrts.ftm- Cronenberger, Joihua Pierce, and Archibald Patterfon; for the county of

CONFISCATION AND AMERCEMENT.

65

Burke, John Thomas, Abraham Jones, Blafingharn Havey, Jofeph Gretham, and
William Livingfton ; : for the county of Richmond, Robert Walton, Seth John Cuthbcrt, Benjamin Few, William Glafcock, and William Jackfon; for the county of
Wilkes, Solomon Nufum, jun. : Richard Aycock, George Wells, Daniel Coleman,
and Barnard Heard; for the:county of Liberty, Glynn and Camden, Benjamin Ba ker, John Sandeford, Francis Brown, Mofes Way, and William Peacock: And^yj;^ any three or more of fuch commiffioners in each county fhall conftitute a board, and ^sTcc*,^th^s fhall exercife the powers and duties by this acl given and required; and each board fo a<*conftituted and appointed as aforefaid is hereby authorized, empowered and required Thdr timT. to enquire into all fuch eftates, both real and perfonal, within their refpeclive coun
ties, as are hereby or otherwife vefted, or hereby intended to be vefted in this ftate,
and to caufe all and every the rents, iffues and profits thereof until fale fhall be made,
to be effeclually levied and paid to the refpeclive boards; and to levy, raifc, fecure and caufe to be fold, by the fheriff or fuch other perfo.n as fhall be appointed by the
refpeclive boards of each county, all fuch eftates., both real and perfonal, and other perfonal chattels and eftates hereby or intended hereby to be vefted in this ftate, fituate and being within each county refpeclively; and all fuch rents, ifTues and profits,
and all monies arifing from fuch fales, fhall be paid to the refpeclive boards, and by
the refpeclive boards fhall be depofited in the treafury of this ftate, to be difpofed of, ufed or employed to fuch purpofes and ufes as thelegiflature of this ftate fhall order
and direcl; and all perfons claiming or pretending to claim any eftate, right, title or Crediu , s ,f intcreft in, to or out of the faid eftates hereby or intended hereby to be vefted in this "&"?&'* ftate, or being or pretending to be creditors of any of the faid perfons hereby attaint- ^afTM'116 ed and adjudged guilty of high treafon, fhall produce and exhibit the fame to thel'dmitt'cdo'r":re.. refpeclive boards, within whofe jurifdiclion. fuch claims fhall belong and be made,'" 11 ' and the fame fhall be examined and enquired into by the refpeclive boards; and if they lhall find that any of the claims fo to,i>e made as aforefaid fhall be well-founded
and have good color of juftice, and are not rendered fraudulent and void by any part of this acl, that then the faid refpeclive boards fhall admit .fuch claims, and acl
accordingly: but in cafe any of fuch claims fhall not appear to be well founded and
to have good color of juftice, and fhall appear to be made fraudulent and void by this acl, that then the faid refpeclive boards fhall refer all the papers and other tefli-
monies upon which fuch claims fhall be founded to the attorney-general for the ftate for the time being, who is hereby authorized and required to enquire into and examine rai'?Sfty?m-e ' the faid papers and teftimdnies, and to defend the right of the ftate, as well before
the fair! boards as in any of the fuperior courts againft the fame.
And be it further enatted, by the authority aforefaid, That the refpeclive boards fo S^tlmtiu"s conftituted and appointed as aforefaid, mall and may meet, acl and proceed from StsfTM-"" time to time, with or without adjournment, within term time or without; and fhallSfofpcrand may fend their precept or precepts for any peifon or perfons whatfoever to ap-p^v,Sy a?pear tberrore thi em; andirtor al1l1 mfel n i bot oks, pape' rs, writings, and1a1 uthenticatedi copies tmoimniaskteer<oat<hs-.
of records as they fhall think neceffary for their information in any matters or things relating to this aft, .without any fee, charge or reward tobe.paid for the fame; and fhall and may detain ;in their cuftody fuch books, papers, writings and authenticated copies of records fo long as they fhall have occafion for the fame; and then return
fuch books, papers, writings and authenticated copies of records to fuch perfons to whom they refpeclively belong; and fhall and may adminifter oaths for the better
difcovery of the truth of the enquiries by diem to be made to any pcrfon or perfons.

CONFISCATION AND AMERCEMENT.

Mbri'e?'&c"ti> therein concerned, or to any other perfon or perfons whatfoever; and all fherifFs and

re"?"TM their deputies and conftables are hereby required to obey and execute fuch orders and

:5>to;' precepts as fhall be fent to them by the refpeclive boards; and the faid refpefiive

boards are hereby empowered and required, in a fummary way, and without the for

malities of the proceedings in the courts of law, to enquire and inform1 thernfelves by

and upon the testimony of witnefles upon oath, examination of perfons interested

upon their oaths, infpeclion and examination of deeds, writings and records, or by

al! or any of the faid ways and means, or otherwife, according to their discretions, as

foon as may be; and to make a regifter in books of the names of all fuch perfons at

tainted, and of all real and perfonal eftates and interests whatsoever by this acl verted,

or hereby intended to be vefted, in this ftate, and by whom fuch eftates was and were

forfeited or forfeitable, and what eftate or intereft every fuch perfon attainted, or to

be attainted, for high treafon as aforefaid, had in any of the premifes on the faid nine

teenth clay of April, in the year of our Lord one thoufand {'even hundred and feven-

ty-five, or at any time afterwards, and by what tenures the fame, or any of them re

fpeclively wereholden, and of all encumbrances whatfoever to which any of the faid ef

tates forfeited or forfeitable for high treafon were liable or fubjet before the faid nine

teenth day of April in the year one thoufand feven hundred and {'evenly-five, or at

may any time afterwards: And in cafe any perfon or perfons fummoned to appear before

scoonms mtaiitlipn'ge^rjtoo
appear before

the faid boards refpeclively for difcovery of the premifes,

fhall neglecl

or

refufe

to

them, upon summons.

appear or be examined as aforefaid, then, and in every fuch cafe, it mail and may be

lawful to and for the faid boards refpeclively to commit the faid perfon or perfons fo

neglecling or refufing as aforefaid to the common jail of the county wherein fuch fum-

mons and neglect and refufal {hall be made, there to remain, without bail, until fuch

Anyofficer M-perfon or perfons mall conform'themfelves and fubmit to be examined as aforefaid;

!my".miTM6 and if any officer or officers fhall refufe to give obedience to the precepts and orders

aubjcatoT1 of the faid board refpeclively for the due execution of this acl, then, and in every

y"dndshfty fuch cafe, it fhall and may be lawful to and for the faid refpeclive boards to impofe on s

any fuch officer or officers any fine not exceeding fifty pounds lawful money of this

ftate, for any one offence, and to commit any fuch officer or officers to jail, until

fuch fine ihallbe paid. And for deterring and preventing all and every perfon and

perfons whatfoever, anywife indebted or liable to pay to any fuch forfeiting perfon

or perfons any fum of money hereby or otherwife vefted in this ftate as aforefaid,

from concealing, withholding, neglecting or refufing to pay the fame to the faid

boards refpeclively:

persons huiebt- Be it enaEled, by the authority aforefaid, That all and every fuch perfon and per-

idiscoverMd fon s fo indebted or liable as aforelaid, who fliall neglecl to difcover and make known

".theboard, jjie fam e to the faid boards refpeclively, within fixty days after the pafling and pub-

aiptj^forfrit8 lication of this acl, fliall forfeit double the value of any. fuch debt or debts, fum

Andluoper- or fums of money to.be recovered by fuit at law in the feveral counties refpeclively ofThegsoodssetor to the ufe of this ftate as aforefaid; and all and every perfon or perfons, who was

or were, hath or have been poflefied of any perfonal goods or chattels of, or belong

ing to any fuch perfon or perfons attainted of high treafon as aforefaid, when the

fame became forfeited, or afterwards, or ftiall be hereof poffefled, are'hereby ftriclly

charged and required to difcover and make known the fame to the faid boards ref

peclively within the faid time of fixty days next' after the paflmg of this acl, and all

and every fuch perfon or perfons having fuch goods or chattels in his, her or their

poflefiion, cuftody or power, and neglecling to difcover the fame before the expiration

of the laid time of fixty days; fhal! for fuch offence forfeit double the value of fuch

CONFISCATION AMD 'AMERCEMENT.

67

perfonal goods, and chattels to be recovered for the ufe of this ftate as aforefaid; and makcStlj.10 ' the faid boards rcfpeclivelyare hereby authorized and empowered tp make any Inch "crton^omfcttlements .and agreements touching any fuch debts or perfonal goods and chattels" fo as aforefaid, to be difcovered as the faid board refpeclively {hall in any fuch cafe, on due confideration on the nature thereof, or circumftances of the parties con cerned therein think fit and reaforiable, which fettlements and agreements to be val id in law, fo as they do not extend to any abatement of the real amount of any fuch debts or a relinquidiment of any fuch perfonal goods or chattels, and fo as the monies payable on any fuch fettlements and agreements be paid to the faid boards refpeclively for-the ufe of this ftate, within the refpefclive times allowed by the reipeclive boards for the payment thereof, and where any of the faid debts are fecured by bonds or obligations with penalties, or are due and owing upon open accounts not adjufted, the faid boards refpeclively are hereby authorized to ftate, fettle and de termine the fame, or to caufe fuits to be commenced for the recovery thereof.
And to the intent the debts, perfonal goods and chattels herein before or otherwife 1TM"$*^ veiled in this ftate may be difpofed of, and the amount and value thereof applied furtherldcfi'ie*' to the ufe of this ftate: Be it further enabled by the authority aforefaid, That the faid rcfpeclive boards as foon as conveniently may be, ufe their utmoft endeavors to fecure all fuch debts, goods or perfonal chattels in fuch places and in the cuftody of fuch perfons as (hall be thought moft proper by the faid boards refpeclively, for prevent^ ing the perifhing or any lofs or embezzlement thereof, and mail make or caufe to be made a true and perfefcl inventory or inventories thereof, containing a true and particular account of all fuch debts, goods and perfonal chattels by whom they were forfeited, and when, and by whom delivered to the faid Tefpeclive boards, or any perfon by them appointed to receive the fame; and mall alfo caufe a juft appraifement thereof to be made upon the oaths of any three perfons to be appointed by the faid boards refpeclively for that purpofe; and the faid boards refpeclively are hereby authorized and required to caufe the fherifF or fuch other perfon as they (hail refpeclively appoint in the refpefclive counties after all claims mall be liquidated and fettled in the manner as is herein after direcled in refpecl to real eftates, to fell all and ^".td'rtL fingular fuch goods and chattels fo inventoried and appraifed according to their beft Sys'notice,^ {kill and judgment, and for that purpofe (hall caufe public notice to be given for the Sc^nty'^* fpace of thirty days at leaft, of the time and place of expofmg to public fale any Sa^ut"* of fuch goods and chattels, and the feveral particulars then and there to be fold, at which time the fheriff or fuch other perfon as they mail refpeclively appoint, fhall fell the fame by auclion for the money of this ftate only, and to the inhabitants being aclual citizens and refidents of and within the fame, and to none others.
And the faid boards refpeclively fhall attend the fale of any fuch goods or chattels, Thebo^* and mail caufe an entry to be made in their refpeclive books of all and every the per- Se^keq*8 fonal goods or chattels fo fold, and of th buyers' names and places of abode, and c'enMea'ic/tJ" of the prices for which they fold; and for the further affurance thereof to the buyers, uyc"' the faid boards refpeclively fhallgive a certificate under the hand and Teal of the chairman unto the refpeclive buyers being inhabitants, citizens,, and refidents of this .ftate as aforefaid, and not tranfient, and of and belonging to any other ftate or go vernment except as herein after is provided and excepted, fpecifying the particulars by them bought, the prices and time of fale; and every fuch buyer fhall thereupdn Teraisofs)lte, pay one fourth part of the amount of every fuch purchafe fo made by perfons within the defcription of this aft, to the faid boards refpeclively for the ufe of this ftate;
and fhall give good and fufficient fecurity by mortgage of the property fopurchafed.

8

CONFISCATION AND AMERCEMENT.

and alfo perfonal fecurity to be approved of by the faid boards refpeftiv el y for pay. ment of the remaining part of the purchafe money within three years after the day of fale, with intereft for the fame, at the r-ate of eight per cent, per annum, to be paid in the following manner, that is to fay: one third part of fucli remainder at the end of cine year, one other third part thereof at the end of two years, and the remaining one third part at the end of three years, together with the whole of the intereft at the end of each year refpeftively, to the ufe of this ftate, payable to the governor of this Bon^ taken w ft ate for the time being, and all fuch bonds {hall be recorded in the fecretary's office of h/Kcretwy1'" this Mate within ten days after they' (hall be delivered to the governor as aforefaid; and the faid refpeftive boards being fatisfied with the payment of the faid one fourth part which {hall bedepofited in the public treafury to the ufe of this ftate, and of the fe curity given for payment of the remainder within the time aforefaid, fliall forthwith order the particulars fo bought, paid for and fecured, to be delivered to the buyer or buyers, his, her or their affigns; and in cafe any perfon or perfons, who fliall be the higheft bidder for any fuch perfonal goods or chattels fo expofed to fale as aforefaid, fliall make any default in payment of the faid one fourth part of the purchafe money, or in giving approved fecurity as aforefaid, for payment of the remainder within the time aforefaid, the faid boards refpeftively fhalland may order the refpeftive flierirfs Ten.ofai or fuch other perfon as they fliall refpeftively appoint, to proceed to a new fale of TMuh,gMiSs to all and every liich perfonal goods or chattels for which fuch default fliall be made unto any other perfon or perfons, as if no fale thereof had before been made. puKti"e'morc Provided iicverthdefi, That no-one perfon or any perfon for his or her benefit or ufe, iihvcnne"r"' fhall have a right or be permitted out of any or all the fale or fales which fliall or may JfMtee'n. "EC be made under and by virtue of this aft, more than twenty-five negroes above the age of fifteen years; and all purchafes of a greater number of negroes above that age by any one perfon, or any perfon for his or her ufe, are hereby declared fraudulent and void, and any and all negroes above that age and number which fliall or may be fold contrary to the intent and meaning of this aft, fliall be demanded and taken from any fuch purehafer, and again expofed to public fale. tSutj Provided alfo, That any of the inhabitants and citizens of any of the United States iire! m"*1^" who fliall aftually come within this ftate with notorious intent to fettle in the fame, purchasers m beallowed to become purcllafers at any of fuch fales, within the reftriftiori ?hea?e0<f'toure. aforefaid : And provided further^ That no purehafer may be allowed, or permitted utc'". uhe to remove any fuch flaves fo purchafed as aforefaid without the limits of this ftate, and that in cafe any perfon fliall, contrary to the intent and meaning of this aft, within twelve months after the paffing and publication of the fame, remove :or carry from without the limits of this ftate any negro or negroes fo purchafed as afore faid, fuch perfon or perfons ftiall for fuch offence, forfeit double the value thereof, to be recovered by fuit at law, to the ufe of this ftate. "" .And be it further enabled, by the authority aforefaid, That all and every perfon ty. or perfons, being friends to the independence of this ftate, who fliall claim, 'orprei tis te^ to claim any right, title or intereft of, in or to any fuch real eftate of any perfon herein and hereby attainted in and by this aft, fliall, within fixty days next after the palling and publication of this aft, by hisy her or their attorney, or otherwife, pre fer or exhibit the fame to the faid boards refpeftively; and in cafe no claim fliall be preferred and exhibited within the faid fixty days of, in or to any fuch real eftates of perfons attainted in and by this aft, all and every fuch eftate or eftates fliall be deemFon '<u i n- e^ free ^ encumrjrances and charge; and the faid boards refpeftively may and fliall orcrei l!futel? proceed to give public notice in writing of at leaft forty days for the fale of fuch eftates

CONFISCATION AND AMERCEMENT.

#9

in like manner as is required in and by this aft, in refpeft to the Tale.of perfonal

goods and chattels.

Provided neverihelefs, That in cafe it fliall appear to any future legiflature, that any ^ r^!^.

infant or other perfon, being friends to the independency of this ftate, from being un- J^^iV

der age or from any other unavoidable obftacle, could not prefer or exhibit his, her or i>ittheirciimi.

their claim or claims of, in or to any fuch real eftates, to the faid refpeftive boards

within the faid fixty days, it fliall and may be lawful to and for any fuch Houfe

of A {Terribly to give and grant to any fuch aggrieved perfon or perfons fuch relief

and redrefs, as fhalj be deemed equal to the real value of all and every fuch claim and

claims, anything contained in this aft to the contrary in anywife notwithftanding.

And provided alfo, That all fuch claimants fliall have and be entitled to every advan- clilimant, miiy

tage of being heard by counfel or otherwife before the faid refpeftive boards as any coiS? by

such claimants may think fit. And provided further, That all, any and every fuch

cli ai mant or cli ai mants, wiho mn al1l1 or may ibe u-tn-pcontentediw- ith i theidei te- rminati'on orr any pameai imtoatyhacpm. -

"

/

ir

pcnor court.

.of the boards, refpeftively fliall have the rights of appealing from the fame to any

of the fuperior courts of this ftate within the refpeftive counties.

And to the end that all fuch real eftates fo fold as aforefaid, may the more effeftu- Reai estates u.

ally be fecured, affured, and confirmed to the refpeftive buyers; Be it enabled by 'the^\ snm^t,e

authority aforefaid, That the faid boards refpeftively. fliall caufe the refpeftive fherifFs ceVfmcrctt,

or fuch other perfons as fhall be appointed by the refpeftive boards, immediately af

ter good and fufricient fecurity as aforefaid fliall be given and taken from the refpeftive

buyers, payable within five years next after any and every fuch fale, to the governor

of this ftate, for the time being, fuch fecurity to be approved of by the faid boards

refpeftively, together with an intercft of fix per cent, payable annually to the gover

nor as aforefaid, that then the faid refpeftive flieriff, or fuch other perfons as fliall

be appointed by the faid refpeftive boards, fliall at the proper cofts and charges ofm'a'dcs, tobe

every fuch purchafer, fign, feal and execute to every fuch purchafer, good and fuf-

ficient deeds of leafe and releafe for bargaining, felling, alluring, releafing, convey

ing and confirming to every fuch purchafer, his or their heirs and afligns for ever,

every fuch traft of land or plantation fo to be fold and purchafed, and by virtue of

this aft, as herein before is mentioned and direftcd, which faid deeds of leafe and re-^^fj^f

leafe fhall be certified by the, refpeftive boards, by an endorfement on the deeds of

releafe, fpecifying the actual fale of the premifes, the conditions or purchafe money,

and the purchafer's name.

And be it, further enaBed, by the authority aforefaid, That all fuits which fliall or * to be m may Ibe c' ommenced1 or caufre to lbe commencedi i n any off- thi e courts wi tlhin thi is fntate, iby .gtloiev.enranmorc.ofthc

any of the faid refpeftive boards, under and by virtue of this aft, fhall be in the

name of the governor, in truft for and on behalf of this ftate.

.And be it further enacted, by the authority aforefaid, That all bonds, bills, notes, *">$>' '. conveyances lby ileaire andirlcllea-ie' or othi erwili->e, transft-ers, exch< anges, frettl, ements i. n' m&c.ach>erTeatloMfo-re

truft or otherwife of any fuch eftates, real or perfonal, of or belonging to perfons

hereby attainted, made or entered into before or fince the faid nineteenth day of April,

in the year of our Lord one thoufand fevcn hundred and feventy-five, being fair and

for bonafide and valuable confideration, and not intended to fecure and keep the

fame from forfeiture and confiscation, fhall be deemed and held valid in law, any

thing herein contained to the contrary notwithftanding. Provided neverihelefs, That The boards to

the faid refpeftive boards {hall have and exercife the powers of examination and en-therein"9"'5'

quiry, by fending for perfons, papers, and authenticated copies of records, by ad-

miniftering oaths, and otherwife, to difcover any and all collufions and frauds; and

70

CONFISCATION AND AMERCEMENT.

.all deeds and writings of what nature or kind fbever, which fliall appear to have been

made with intent to fecure any fuch eftate, real or perfonal, from forfeiture and co-

fifcation, is, and are hereby adjudged and declared fraudulent and void.

Commissioners lo be sworn.

And whereas the well managing of the faid forfeited eftates is of the utmoft confe-

quence to the fafety and prefervation of this {late: Be it therefore enaSted, by the au

thority aforefaid, That the feveral commiffioners nominated by this aft for the fettling

and difpofing the faid forfeited eftates, mall each of them, before they enter on the

execution of their office, take the following oath before any magiftrate of the refpec-

oath, tive counties, not being a member of any of the faid refpeftive boards : "I, A. B.

do folemnly fwear, that I will, to the beft of my Jkill and judgment, faithfully and

honeftly execute and perform the feveral and refpeftive duties required in and by an

a.0. of the General Aflembly of this Hate, entitled, " An aft for attainting fuch per-

fons as are therein mentioned," &c. as a commiffioner for the county of --------

So help me God."

TO give bond And for the more effeftual fecuring the benefits arifing on .fuch eftates, Be it enac-

ted, by the authority aforefaid, That the faid commiffioners, and .each of them, fhali

give good and fufficient iecurity to the governor for the time being, in truft for the

ufe of this ftate, for the due and faithful performance of the truft repofed in them,

in proportion to the eftates fo entrufted to them, in manner and form following, that

is to fay :

Each of the commiffioners for the county of Chatham, five thoufand pounds.

Each of the commiffioners for the county of Effingham, two hundred pounds.

Each of the commiffioners for the county of Burke, one hundred pounds.

Each of the commiffioners for the county of Richmond, five hundred pounds.

Each of the commiffioners for the county of Wilkes, one hundred pounds.

Each of the commiffioners for the counties of Liberty, Glynn and Camden, five

hundred pounds.

Provided neverthelefs, that no one commiffioner fliall be fecurity for another com-

miflioncr.

Td appoint the

be it furilitT enafted by the authority aforefaid, That the refpeftive boards do,

d-ysoU11C5alc- and they are hereby required to correfpond with each other, and to fettle different and

diftant days for felling of the eftates, real or perfonal, which fhall or may be fold un

der and by virtue of this aft; and in order that all or any of the inhabitants of the

feveral counties may attend any fuch fales.

Aiimnnias.iri- And to the end that all monies arifing by means of all and every the fale and fales,

remote to be rents, iffues, and profits of any fuch eftates fo vefted in this ftate as aforefaid, may be fe-

{"rcosuJy! IC cured and applied to the ufes and purpofes direfted by this aft, Be. it therefore enabled

by the authority aforefaid^ That the faid refpeftive boards fhall and they are hereby

direfted and required to pay into the public treafury of this ftate, all and every fum

and fums of money which fhall or may come into their hands refpeftively by means

of any fale, or fales, rents, iffues and profits as aforefaid, within ten days next after

the receipt of all and every fuch fum of money by the faid refpeftive boards : And

the treasurers for the time being, are hereby direfted and required to make and fub-

fcribe three receipts for every fuch fum of money of the fame tenure and date, and to

deliver one of fuch receipts to the governor for the time being, one to the faid refpeft

ive boards, and the remaining ,one fliall be lodged in the fecretary's office of this

ftate.

rifei.oidss;n And b it further enabled by the authority aforefaid, That in cafe any of the

tow SIM. commfiioners appointed in and by this aft fhall die, or refign their appointments;,

CONFISCATION AND AMERCEMENT.

71

or refufe or negle6l to aft in the recefs of the legiflature, then the governor and coun cil for the time being are hereby authorized and empowered, to appoint forne proper and difcreet perfon or perfons to aft in the room, or Head of any fuch perfon or perfons who fhall or may die, or refign, refufe or negleft to aft as aforefaid.
And whereas the fheriffs of the feveral counties, or fuch other perfon or perfons compmsat;cn who fhall fell any part of the confifcated eftates, will be put to cbnfiderable trouble {^u^ u"" in felling the feveral eftates ordered to be fold by this aft, and it is but juft and right they fhould receive an adequate compenfation for the fame: Be it therefore enacted, by the authority aforefaid, That the feveral fheriffs, or fuch other perfon or perfons who fhall fell at public outcry the feveral eftates directed to be fold by this aft, or any of them, or any part of them, fhall be allowed for their-trouble therein the fol lowing commiffions, to wit, To the flieriffs, or fuch other perfon or perfons who fhall fell the faid eftates, in the county of Chatham, five millings on every hundred pounds value fo fold, received and paid; and to the flieriffs, or fuch other perfon or
perfons who fhallfellthe faid eftates, in the county of Emngham, Burke, Richmond, Wilkes, Liberty, Glynn and Camden, fifty fliillings on every hundred pounds value fo fold, received and paid, in each of the faid counties, to the amount of ten thoufand pounds, and for all fums above the amount of ten thoufand pounds, five fhillings on every hundred pounds value fo fold, received and paid.
And to the end that' all monies adiing from the faid fales be more effeftually, ^^s^;.tr fecured and applied to the public ufe: Be it therefore enaded by the authority afore- ^]'c EOVcr" faid, That the refpeftive boards are required to demand a reafonable fecurity of the refpeftive fheriffs or other perfons, for the due and faithful performance of their of fices in felling the eftates.both real and perfonal, forfeited, and confifcated by this aft and direfted to be fold, which fecurity fhall be made payable to the governor for the time being, in truft for the flate, and fhall be filed in the fecretary's office of the fame, there to remain as matter of record. 1be,Aanndd1 btheei1 yt faurre.thheerreebnyabaleudthiboy- rithzei edauatnhodreitmy paJofowreerfaedidi ,to Tal1h1loawt tahnedfaaipdprreofppreiafttievaenbyoparadrst Sdwr'lieovpn^eso(fTMaantdstsa'ciMnl!tic-or parts of the eftate or eftates, real and perfonal, of every perfon or perfons, at- S""^,. tainted in and by'this aft, who hath or have left a wife or wives, child or children behind him or them, and who are yet and fhall continue to remain within this ftate, for the fupport and maintenance of fuch wife or wives, child or children; Provided, that fuch allowance and appropriation do not exceed the one half part of any fuch eftate, except in cafes where the one half part of any fuch eftate fhall be found to be infufficient for their, purpofes, that then, and in every fuch cafe, it fhall and may be lawful for the faid refpeftive boards to allow and appropriate to the purpofes aforefaid, any further part, or the whole of any fuch eftate or eftates.
And be it further enabled, ly the authority aforefaid, and it is hereby enabled and de- Money arinK dared, That all fum and fums of money arifing from all and fingular the fales of'.appropriat'ton8.* both real and perfonal eftates fo to be made as aforefaid, fhall be employed towards calling in arid fmking the certificates and bills of credit iffued .by this ftate for the public fecurity and defence, and towards defraying and difcharging the quota of this ftate of the expences and difburfements of the United States in the prefent war with Great Britain; and the remainder of the fame fhall be appropriated as a fund for the future fupport of this ftate, fubjeft to the difpofal of the General Affembly of the fame.
.And, be it further enabled, by the. authority aforefaid, That this fhall be deemed a pul),.caa_ public aft, and may be given in evidence in any of the courts of record within this J^^S'the

72

CONFISCATION AND AMERCEMENT.

gencraiusue. ft atC) without any fpecial pleading; and in cafe any perfon (hall be fued or implead-

ed for any thing done under this aft, and judgment by vcrdift or othervvife fhall be

paffed againit him, fuch perfon fhall recover double cpfts,

J3v order of the Houfe,

-;

;

..

-.

'

N.W.JONES, Speaker.

March i ft, 1778.

An act to alter and amend a claufe or claufes of an aB entitled " An ad:for alt.ain.iing fitch pcrfons as are therein named of high treafon. for confifcating their ejlates, loth, real and perfonal to the ufc of this Jlate,for ejlablifliing boards of commijjiontrs jor the fale of fuch ejlate.s, and for other purpofes therein mentioned," and for the bet ter and more effectual carrying the other purpofes of the'faid ail, into execution.
preamble. "T7I7HEREAS in and by an aft of this date, pafled for attainting perfons therein V V mentioned of high treafon, and for coniifcating their eftates both real and perfonal, to the ufe of this date, for eftablifhing boards of commiffioners for the fale of fuch eftates, and for other purpofes therein mentioned, It is enacted Among ether things, That every buyer of perfonal goods and chattels, fo direfted to be fold, lhall pay one fourth part of the amount of every fuch purchafe fo made by perfons within the defcription of the faid aft, to the faid boards refpeftively for the ufe of the faid ftate, and fhall give good and fufficient fccurity, to be approved of by the faid boards, refpeftively, for payment of the remaining part of the purchafe money, within three years after the day of fale with intereft for the fame at the rate of eight per cent, per annum, to be paid in the following manner, that is to fay: One third part of fuch remainder at the end of one year, one other third part at the end of
'"";' two years, and the remaining third part at the end of three years, together with the whole of the intereft at the end of each year refpeftively, to the ufe of this ftate, pay able to the governor of this ftate, for the time being: -And whereas, it is direfted that, the real eftates of fuch perfons as are mentioned in the faid aft of attainder and confifcation (hall bedifpofed of and fold at a credit of five years paying intereft for the fame at the rate of fix per cent, per annum. And whereas the powers vefted in the faid feveral boards of commiffioners appointed and conftituted in and by the faid in part recited aft are repealed, and the faid boards refpeftively abolifhed and the powers and authorities given to the faid commiffioners are, by a fubfequent aft of this ftate, vefted in the legislature of this ftate; And whereas it is deemed expedient for the ad vantage of this ftate, and the better to carry the purpofes of the faid aft of attainder into execution, that the terms prefcribed in the faid in part recited aft with regard as well to the fale of the perfonal goods or chattels, as the real eftate thereby direfted
Term.of.nie to be fold, fliould be changed: Be it therefore enacted, and it is hereby enacted, by the attainder r- rcprcfeiitatives of the freemen of theflate of Georgia, in General Affembly met., and by
the authority of thefame^ That from and immediately after the paffingof this afty the faid in part recited claufes of the faid aft of attainder and confifcation be, and they are hereby repealed; and that, in lieu of the terms mentioned in the faid claufes, the fheriffs of the feveral counties for the time being, are hereby direfted to expole to public fale, to the higheft bidder, the perfonal goods and chattels of fuch perfons mentioned in the faid aft; and that all fiima of two hundred pounds and under be

.CONFISCATION AND AMERCEMENT.

73

caili; all above two hundred pounds to be half calh, the other half one

credit, with intereft from the delivery; land fecurity to be taken for all fold on ere- S'pomKiTta

'd/t, and four per cent, to be allowed for prompt payment on the parts for credit, l^iS*'TM

before the delivery of fuch goods and chattels.

yer"crcd'itn ois

2. And be it further enabled by the authority oforefaid, That the faid fheriffs be, and Surest."

they are hereby directed to fell and difpofe of the real eftate direfted to be fold as a- bcV^'down

forefaid, to the higheft bidder, the one fourth part of the purchafe money to be paid^d|te?/

at the time of fuch fale, and the remainder in three equal payments, yearly, together *^0r^t*r t

with intereft from the day of fale, at the rate of eight per cent, per annum, and the P|3rtnt- iate"

faid fheriffs (under the infpeftion of a committee appointed by the houfe) are hereby

directed to demand, and take of fuch buyer of real eftate, fo fold as aforefaid, good WMI mortga-

and fufficient fecurity by mortgage on the premifes, and other fecurity as may be ne~ J^sress;,ca^t~

ceffary for .the fafety of this; ftate, for the faithful payment of fuch remainder of pur-

chafe money fo due and to be paid as dirtfted by this aQ.

3. And be itfurther enatted, by the authority aforefaid, That the refpeclive {heart's in Titles, iwt*

each county in the faid ftate, be and they are hereby authorized and empowered to

make and execute title or titles to fuch perfon or perfons as may purchafe any part

or parts of the faid confifcated eftates, either real or perfona! 3 and that fuch tide or

titles be, and they are hereby declared to be, valid in law.

v.

By order of the Houfe,

N- W. JONES, Speaker.

Qtober 30, 1778.

An aH to compel non-rf/idents to relurnwithin a certain time or in default' thereof, that, their ejlates be confifcated, and for 'confifcating the ejlate of William Knoy, Efq. formerly provojl marfhal, of the then province, nowftate of Georgia.
i. Tlf 7HEREAS great indulgence hath already been granted to perfons refiding in PreimWl!. V V the dominions of the king of Great-Britain holding property within this
ftatej And whereas it is neceffary that fuch perfons mould fhare with the good people of this ftate, the expenee and danger of defending the fame; Be it therefore EsMe, of ^r. -matted by the reprefentatives of the freemen of thejlate of Georgia in General Afjem- II" s^'tishSo* bly met, and by the authority of thefame., That the eftates of all perfons above the age Sited uniSl" of twenty-one years refiding in the dominions of the king,of Great-Britain, fituate and ti!eystrateTnd being within this ftate, who mall not within twelve months next after the paffing of this rati"'Sn aft come within the fame and take and fubfcribethe oaths of the ftate as dire6ted and twevemBf "' required by the conftitution and laws thereof,' fhall be forfeited, confifcated, and fold .to theufeof the ftate,.and the monies arifing therefrom applied to the like ufes, as the monies arifing from the fales of the eftates under the at of attainder and confifcalion, Provided, That nothing in this at mail be conftrued to extend to per fons difabled by a former aft of this houfe, entitled an at for attainting certain per fons thevrein mentioned of high treafon for confifcating their eftates both real and perJbnal to the ufe of this ftate.
2. And whereas""Wi\liam Knox hath by a long train of inimical afts forfeited.all wm!am KTM*. and every degree of right to protection of property within this, ftate, and hath been very - aQiye in advifing and continuing the miferies, and calamities with, which the good peo-

74

CONFISCATION AND AMERCEMENT.

p'e of this ftate have been afflifled : Be it further enabled, by the authority aforefaid, That the eftate of the faid William Knox, both real and perfonal, be fold under the regulations of the aft of attainder, and the monies arifing from the fales be applied La the ufes directed by the faid law.

November isth, 1778.

By order of the Houfe.
N. W. Jones, Speaker..

An aft declaring certain perfons, who are therein defcribed, citizens of this ftate., and for burying in oblivion certain high crimes and mifdemeanors.

preamble. \7[ 7HEREAS numbers of perfons did, on or about the time of the Britifh troops

V V taking poffeflion of the back parts of this ftate, receive and take the Britifh

protection or oath contrary to their allegiance to this ftate; And whereas the faid fe-

veral perfons have fince that period (convinced of the illegality of fuch their pro

ceedings and mifdemeanors) fhewn their attachment and loyalty to the United States,

by rifquing their perfons and engagements, and teftifying it by various other aftions.

i. This feclion excluding certain perfons from the right of citizenfhip repealed

by al of 1782.

.

.

rnsonsentiticd 2. And be it further enabled by the authority aforefaid, That all perfons having taken

citizenship.,, protections as aforefaid, and have joined the army of this or the. United States, on or

before the fifth day of June laft paft, fhall be looked upon as citizens, and entitled

eem;n excep-to all the liberties and privileges of free people, except thofe who have been guilty

tlon1' of murder or plundering, or diftreffing the peaceable inhabitants of this or any other

ftate.

on what con- 3. And be it further enabled by the authority aforefaid, That all perfons who mail

to"e"uTM!owed come in asid join any regiment in this ftate, on or before the firft day of Olober

next, not guilty of any of the offences above clefcribed, and fhall give fecurity to

{land his trial for any crime that ir.ay be brought againft him, that then, and in that

cafe the perfon fhall be fuffered to remain until the determination of the court as

aforefaid, and if no crimes can be proved againft him, they are hereby entitled to

Sif1**TM a^ l^e liberties of a free citizen, and fhall take and fubfcribe the following oath before

the commanding officer of the diftrift in which fueh perfon may refide or belong, viz.

. " I A, . do folemnly fwear or affirna, \vithout any equivocation or refervation of

mind, that I do in truth and fmcerity, cheerfully and defiroufly, renounce and ab

jure the king of Great-Britain, his heirs and fucceffors, and alfo the crown thereof

forever: And I do further folemnly fwear or affirm, that I will bear true allegiance

to the ftate of Georgia, and do every thing in my power to fupport the independence

of the fame, agreeable to the declaration paffed in congrefs on the fourth day of July

one thoufand feven hundred and feventy-fix, and alfo that all treafbns, combinations

and confederacies, or any movements of the Briti/h troops, their emiiiaries or fpies

againft it, which fhall come to my knowledge, I will immediately make known to

the officer commanding the diftricl I belong to, or the neareft juftiee of the peace.

So help me God."

asto 4. And be it further enabled, That if any perfon or perfons herein before men-

tioned, who have heretofore taken the faid protection or oath fliall hereafter take or

CONFISCATION AND'AMERCEMENT.
r'eceive either of them as a Britifh fubjeft, or mall fpeak in faVor of the.Britifh king or his vafl'als, or fhall take up arms in aid thereof, or fliall fpeak againfl the legality of congrefs, or the independence of this or the United States, or refufe to take up arms againft the enemies thereof when required} in either cafe fhall fuffer death or banifhment, at the option of the jury,
5. And be it further enacted, That this aft fliall be looked on as k public aclj and Public aft, be given as fuch in evidence.
6. And be it further enacted*, That this aft fhall be; and continue in force for and cttao! during the fpace of three years, and from thence to the end of the next feffion of the General Affbmbly, and no longer*
By order of the Houfe, JOHN JONES, Speaker*
' Auguft 20, 1781.
An acl to amend an acl declaring certain perfons therein defcribed citizens of and for burying in oblivion certain high crimes and mifdemeanors.
i. ^T T THEREAS the faid aft paffed on the twentieth day of Auguft laft, hath been p.mbie. \\ found inadequate to the ptirpofes intended, He if enacted by the reprefenta- nrat ciamc
fives of the freemen of theftate of Georgia, in General AJfembly met, and by the autho- repeaScdf a rity of the fame, That the firft claufe in the faid aft, which refpefts officers, mail be and the fame is hereby repealed and of ho force or effeft whatevers any matter or thing contained in the fame to the contrary notwithstanding.
2. And be itfurther enacted) by the authority dforefctid) That this al fliall be deemed a public at, and given as fuch in evidence.
By order of the Houfe, WILLIAM GIBBONS, Speaker,
Augufta, January 12,
An a$for amercing certain perfons therein named, and for other purpojes therein men tioned,
W HEREAS many perfons have withdrawn themfelves from the defence of this prMm!>fc, ftate, fome of whom bore high and important trufts, or commiffions under the fame, accepted protection from the enemy in utter contempt of the authority of the ftate, and to the evil example of fociety; and forgetting all the focial ties of kindred and humanity, did affilt in endeavoring to enforce the laws of Britifh government^ and overturn that mild and equitable fyflern of government, which they had aflifted to raife, and which it was their duty to fupport; And whereas it is but juft and reafonable^ that the eftates of fuch perfons, both real and perfonals, be amerced, and that a due difcrimination fhould be made; Be it therefore enaffed by the reprefentatives of the free- . . men ofrtliie Jntale ojr Gr, eorgia in G^ eneral/ AJ/J?e mbly met-,, Ana17by the auth/ ority offti her fame, ^Com^m^iss'io^ners That the commiffioners appointed for carrying into execution an afl^ entitled " An Mn'sicreuins* aft for inflifting penalties on, and confifcating the eftates of fuch perfons as are there- me<u in declared guilty of treafon} and for other purpofes therein mentioned," ftalls with-
a

^6

CONFISCATION-AND AMERCEMENT. =

in two months after paffing this a6l, take an inventory and appraifemeiit of the eftates of the perfons herein after mentioned, viz, Thomas Polhil, Sir Patrick Houftoun, John SutclifFs, George Bafil Spencer, Thomas Wylly, William Struthers, Amos Whitehead, M'Carten Campbell^ James Lambert, Andrew M<Lean, John Irvin, George Cuthbert, Benjamin Fariey, John Goldwire, and Thomas Johnfton, and within four months thereafter, take out the amercement herein-after mentioned, that is to fay, twelve per cent, on the true and equitable value of all fuch eftates both re al and perfonal, of'the perfons herein* before mentioned; and that the faid commiffioners or a majority of them fhall' inventory and.appraife the eftates of the perfons here in after named, viz. William King, John Lowerman, Smith Clarendon, Stephen Miflen, Jofeph Cuthbert, Jofeph Fox, Luke Mann, Thomas Walker, Nicholas Ca venah, David Cavenah, Peter Winn, heirs of George Walker, David Johnfton, James Johnfton, David Delegal, Benjamin Wilfon, RobertBaillie, George Houftoun, James Maffman, David Douglafs, William Stephens, and take out the amercement ^""ccrnccntoi hereafter mentioned, that is to fay, eight per cent, on the true and equitable value of all fuch eftates both real and perfonal, which faid amercement fhall be paid by the feveral perfons herein before named, into the treafury of this ftate, within fix months from and after the paffing of this at; and that the faid perfons herein before named ihall be obliged to give to the faid commiffioners or a majority of them1, a juft, true and perfeQ; account on oath, of all their real and perfonal eftates which they, are pofpcKOMrefn- feffed of, or which others may or do hold in truft for them, within forty days from ?S'el'F' anc^ a^er l'ie Paffi nS'f tnis a^ > ad in ca fe f refufal or neglect, the faid commiffion/eit double r ers or a majority of them are hereby empowered, authorized and required to have the amercement. eftates realJand Jperfonal. , or,, th. e perlron' s hi e rein ib! errore menti onedi , apprailred-t iby th. ree free holders, who fliall be fworn for thatpurpofe; and the faid perfons fo neglecling , or refufing as aforefaid, fhall forfeit double the amount of their refpeffive amerce ments, which fhall be recovered by fale, out of any part of their real or perfonal ef
tates. 2. RefpeQing military regulations. Obfolete.
-Moneywfcino 3- And bcit enaSled^ That the commiffioners or a majority of them, are hereby retonbTP"idinm quired to deliver all monies which they may receive by virtue of and in purfuance of tiie treasury, ^jg aQ5 as wen as ali inventories and appraifements, and a copy of their accounts once
In every thirty days, to the treafurer of this ftate, who is hereby authorized to give the faid commiffioners or a majority of them a fufficient receipt for fuch fum or fums as
may be by him received. 4. Refpeling military regulations. Obfolete.
Tenpettrtt. 5' ^ n^ w^ereas it ^^ be of great fcrvice to the ftate in recruiting the continental prZpt p"y. battalion, to receive all or a part of the different amercements immediately, Be it enITOlxt' aBcd by the authority afore.faid^ That any perfon or perfons amerced as aforefaid, who-
mall within thirty days from and immediately after the paffing this al, pay or caufe to be paid into the treafury or hands of the commiffioners, all or any part of the fum he or they fliall be refpeftively amerced, fuch perfon or perfons fo paying as aforefaid, fhall be entitled to, and allowed a deduction of ten per cent, on all fuch part of his faid amercement, as he fhall pay, or fo caufe to be paid, and any perfon fo fined or amerced as aforefaidj who fhall within the fpace of three months, fo pay or caufe to be paid all or any part of his faid amercement, as aforefaid, he or they fhall be entitled to, and allowed a deduction of five per cent, any matter or thing herein contained to
the contrary thereof notwithstanding.

CONFISCATION'AND AMERCEMENT.

,

77,

6. Andibe itfurthen enafted. That any perfon or perfbns fo amerced as- aforefaidjKd'fTM fnwho fliall within thirty days recruit or inliflany able bodied foldier for the continen-"slingso)dlcTM'
tal battalion.and produce a certificate thereof within the faid time fhall be allowed a deduclioafrom his faid amercement of the>fum of forty pounds; and where any fuch perfon fhall place in.the faid battalion any able bodied man as aforefaid within three months from and after the paffing hereof, he or they fhall be allowed for every fuch foldier, the fum of thirty pounds to be taken from the amount of his faid amerce ment, fubjeft however to no other, deduction whatfoever.
7. And be it further enaEted, That all and every perfon andperfons named in this Pmon, herdtt aft fliall be, and he and they is and are hereby declared to be difqualified, and ren- JJSSf&afor dered incapable>to ferve;on any jury, or to vote at any eleftion for members of Arfem- twyea"bly, or to ferve in. the fame, for and during the fpaceof two years from and after the paffing of this aft; but fuch perfon and perfons are hereby declared to be in all other refpefts reftored to the rights of citizenfhip within this ftate, on complying with the terms of this aft, and taking the oaths of allegiance before any of the affiftant judges of the county to which they refpeftively belong, in as full a manner as if the aft of confifcation before named had never been made, or as any other American citizen doth enjoy the fame, fubjeft only to the difabilily in this aft contained; and all offences of a public nature (murder only excepted) fhall in regard to fuch perfon offenAept and perfons be for ever buried in oblivion, faving only the right ok' civil' aftions as to riedhiobuvion. any perfon or perfons who may apprehend him, her or themfelves aggrieved by fuch viuiuon."" perfon or perfons named in this aft.
8. And ivhereas certain pails of the eftatesreal and perfonal, of feveralof the per- rurtherpow. fons named in this aft, have been under former laws fequeftered and applied to pub- TM$wTMTM lie.ufe, and other parts have been fold, and difpofed of under and by virtue of a certain aft, of confifcation, paffed at Augufta on the fourth day of May laft paft, and entitled " An aft for inflifting penalties on, and confifcating the efrates of fuch perfons as are therein guilty of treafon, and for other purpofes therein mentioned," Be it therefore enabled ly the authority aforejaid, That in all cafes where any part of the monies have been received, or property in lieu thereof taken and applied to public ufe, the amount of the fame fliall be acknowledged and received by the commiflioners appointed in and by this aft, as fo much of the amercement of fuch perfon or per fons refpectively; and in all cafes where any part of the eftates, real and perfonal, ofPBrctasei.SOf the faid perfons or any of them named in this aft, hath been fold or difpofed of by "nVf^rein*". the faid commiffioners, it mall and may be at the option of the purchafer ,or purcha-ihiTMucii?oaj re" fers either to give up his, her or their purchafe, or to keep the fame. In the latter ataielV^tion1! cafe the faid tale fhall be confirmed, and his honor the governor for the time being fhall affign and fet over to the perfon or perfons whofe property was fo fold, all bonds, Tiie ?overnp mortgages and other fecurities taken for the fame by the faid commiffioners from the iL^Sjn, au faid purchafer and purchafers, and thereafter the faid bonds, mortgages and other Siinf'thc fecurities, with the monies thereon due and to grow due, to hold to fuch perfon and State. 8*1 perfons refpeftively, to whom the fame are fo affigned as aforefaid, and their refpective heirs, executors, adminiftrators and affigns, ablblutely for ever; and in this cafe no fuit or aftion fliall be brought againft the faid purchafer and purchafers, foxthe fpace of two years from January next, and then whatever would be deemed a good payment to the public, mail be held and taken as fuch by the perfon or perfons to whom the faid bond and other fecurities are affigned: And if it fliall fo happenpurcr!aserre. the faid purchafer or purchafers under the faid confifcation aft fliall choofe to give ^rly"^6 up his, her or their pur.chafe, he, fhe or they fliall have power foto do 3 and the eitate OTOristail!

7

.CONFISCATION ANflr AMERCEMENT.

real or perfonal purchafed by fuch perfon or perfons being 're-delivered to the owner

or owners in this act named,'the faid purchafer or pvirchafers mall be entirely ac

quitted and releafed from all claim or concern in the laid eftate, and the fame (hall

hold to the ("aid original owner or owners, his, her or their heirs, executors, adrni-

niftrators and affigns forever, fubject only to the amercement in this act fpecified and

contained,

states. rfiucti Q. And be it further enabled by the authority afore[aid. That all fuch parts of the efpve&r*tboirwcau. nsold, tates mV thi em thi e- lraidi irevcrali penrons iherein iberrore namedi , ei thi er reali or perironal1,

which have not been already, and before the palling of this act, fold and difpofed of,

by the commiffioners aforefaid, lhall be, and the fame is hereby declared to be fully,

truly and abfolutely reflored to them the faid feveral perfons herein before named

refpectively, and their refpcctive heirs, executors, adminiftrators arid affigns for

ever in as full and ample a manner, to all intents and purpofes, as if the faid act of

confifcation pafled at Auguftaas aforefaid had never been made.

silica to pay- i o. And be itfarther enaclcd by the authority aforefaid, That the faid. feveral perfons

miMionws."1" herein before named fhall pay and fatisfy the commiflioners the full amount of their

commillions refpectively, on the {'ales of fuch part of their eftates as have been fold,

niestiteto * ! <d''ld be it enaBed by the authority aforefaid, That the ftate will and do guarantee

SeTmaSby and defend the commiffioners appointed by this act, or a majority of them, in all their

commissioner.. p roceedings for carrying the powers and authorities given them into full effect, and

will alfo warrant and for ever defend all and every Tale or fales which the faid commif

fioners, or a majority of them, mall make to any purchafer or purchafers of any part

or parts of the eftates of the aforenamed perfons.

sommiKioners 12. And be it enabled by the authority aforefaid, That the commiffioners for carry-

perTciu"nd ing this aft into execution (hall be allowed one pound for every fuch hundred pounds

i-ences'. placed in their hands, and paid by them agreeably to the meaning of this aft, toge

ther with ari allowance for fuch reafonable charges as may accrue from the execu

tion of the fame.

pcrsonsom- i o. And be it further enacted. That if any perfon named in this aft (hall fraudupcea.riltinoif? tahneyn- .ileiit,ly mak, e overJ or remove, or conceal, anyJ part or parts orr ihis or th1 ei r property,

forfeitu.'. with intent to defraud the ftate, fuch perfon or perfons mail forfeit all and every fuch

part and parts of his or their eftates fo made over, removed or concealed, on fat-

isfaftory proof being thereof made before any court of record within this ftate.

r'ubiicaa

X 4 - ^ n^ ^e it farther enaffed by the authority aforefaid, That this a6t fhall be

deemed a public aft, and fhall be confidered in the moft beneficial manner for the

intereft of this ftate.

JAMES HABERSHAM, Speaker.

Savannah, Auguft 5, 1782.

An affifor amercing certain perfons therein named and admitting others to the rights of . citizen/hip, and for other purpofes therein mentioned.
i. \ 7f 7HEREAS the legiflature of this ftate by their resolutions, palled in the year V V one thoufand feven hundred and eighty-three, and eighty-four, relieve from,
the pains and penalties of baniftiment, as directed by the act of this ftate, for inflict ing the pains of banilhment and confifcation of perfons therein named, and directed that the names of the following perfons fhall be taken from the act ofconfifcation, and placed on the amercement act, and that the amercement fhould not exceed twelve

CONFISCATION AND AMERCEMENT.

79

per centum: And whereas the prefent legiflature have agreed to take others in like

Situation from off the act of attainder, viz. Andrew Johnfton, Timothy Barnard,

Ifaac Delyon, Alexander Carter, Alexander Role and William Durgan : Be it there- cCTtzm pcv-

fore enacted by the rep'refentatives of the freemen of thejlate oj Georgia, in General ^'i^mi-

AJfembly met, and it is hereby enacted by the authority of the fame, That Thomas ofeTMi"^H?n

Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons,^'"'""

Ifaac Heaton, Ifaac Downie, Thomas Beatty, Robert Forteous, James Spalding,

Alexander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alex

ander Carter and Alexander Rofe, be and they are hereby feverally relieved from

the pains of the faid act of confifcation and banrfhment.

2. And be it further enacted by the authority aforefaid, That the eftates both real Sf|rnj'*"fon-

and perfonal, of the faid Thomas Young, Raymond Demere, jun. John Glen, "^j^*

Levi Sheftal, Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty,

Robert Porteous, James Spalding, Alexander Creighton, Alexander Roi'e and

Ifaac Delyon, are hereby amerced and made fubject to twelve per centum: and

that Andrew Johnfton, Alexander Carter and William Durgan fhall be fubject to

pay one per centum only, as an amercement.on fuch property as they may pollefs;

and that Timothy Barnard be fubject only to one quarter per centum; the fame to be

paid within twelve months to the tre'afurer or commiffioners of confifcated eftates,

for the ufe of this (late, (all perfons neglecting to pay the lame in the time limited

(hall be liable to pay double that fum) to be paid in fpecie and nothing elfe.

3. And be it further enatted by the authority aforefaid, That the faid Thomas ^Store.

Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Ifaac ^'^J^

Heaton, Ifaac Downie, Thomas'Beatty, Robert Porteous, James Spalding, Alex- citiM5"ship'

an'der Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander

Carter, William Durgan, and Alexander Rofe, {hall return to, enjoy and pofiefs

every right of citizenihip in this ftate, any thing in the faid act of confifcation to

the contrary notwithstanding: Provided always, That the faid Thomas Young, Ray-under certain tnondi D-><" emere, jun. J-iohi n Gf-\ lien, LT evi b01heirtalili, rr1->ihomas G/"i iMbIbons, RT* obi ert PT'i orteous, rfeosutrniecetiuoyncsMfor.

James Spalding, Alexander Creighton, Andrew Johnfton, Ifaac Delyon, and Alex

ander Rofe, (hall not be permitted to vote at elections, hold ofhces under the

government, or be eligible to a feat in any of the departments thereof, until fourteen

years fhall have elap fed from the paffing of this act: And provided alfo, That Thomas

Gibbons fhall not plead or practice in the courts of law of this ftate for the faid term

of' fourteen years.

4. And be it further enabled, .That all fiipplies that have been taken from the above NottatepaM

mentioned perfons, for the ufe of the army or payment of any of the foldiers, fliallkTuSl'ticm";

not be brought in charge againft this or theUnited States.

5. And be itfurther enacted by the authority ajorefaid, That John Mullryne and ^'SK'18

Solomon Kernp, two perfons named in the faid aft of banifliment, fhall be, and they "rsta"tiiu"

are hereby permitted to be and remain in this ftate for and during the term of feven"atc'

years, without moleftation or injury in refpeft to their perfons for or on account of

the faid aft/, and all and fmgOular the efta.tes,"

real

and p1 erfonal

of th e

faid

Sot lomon

utat
jnon

Kemp, which now remains unfold by the commiffioners of forfeited eftates mall be, ^^

and the fame is hereby gratukoufly given to and vefted in the wife and children of

the faid Solomon Kemp, for and notwithstanding the faid act of cpnfifeation, or other

matter or thing appertaining to the fame ; fuch property fo given to the faid wife and

children of the faid Solomon Kemp, to be nevcrthelefs fubject and liable to a proper- fn"!;{fo/,b

tionable part of any debts he may owe; Provided neverihetejs : That, for all property 6clrt'<

-8o

'/CONFISCATION ; AND :

:i"ert?fi*atl.ive-rftal-and pe'rfonal,'heretofore belonging to any of the perfb'ns aforefaid, that-has been

fold by virtue ofthe act of cbnfifcation and attainder, the auditor (hail, and' he is here

by required to give fuch perfon, the former owner'of the laid property, a certificate for

a fum equal to die amount of the fale of fuch property.

..

.

Negroes tiie 6. And be it further enafted by the authority afore/aid* That it fhall and may be law-

Sparnopt teertpy"orsfohati-'

ny C.!U. z>en oi th, i.s itate, osr any ol the TUTnitedi botales, to purchl aire and1b1r.mg m-

tateutoftl>e' to tn*s ft ateV an^ thereafter to hold any'negro or other flave, the property of any per

fon named in the set of confifcation and banimment, Provided-fuch negro or other

:flave has not been fold by the commiffioners of eonfifcated eftates, and was without

the limits of this ftate, at the time fuch purchafe was made, any thing in the act of con -

***

fifcation to the 'contrary no'twithftanding.

TSfo'theright. 7. And whereas William Welfcher, Malcom'Rbfs, James Farre, Donald'M'Leod,

of citizenship. William Thompfon, John Milne and David Leion, come within the provifo of the

alien 'act, having applied for the rights of citizenfhip previous to the paffing thereof,

Be it therefore enacted, That from and-immediately after paffing this act, the laid Wil

liam Welfcher, Malcom Rofs, David Leion, James Farre, Donald M'Leod, William

Thompfon and John Milne, fhall be, and they are hereby declared free citizens of

this ftate, any thing in the faid alien act to the contrary thereof notwithftanding.

By order of the Houfe,

JOSEPH HABERSHAM, -Speaker.

Savannah, February 21, 1785,.

An aftfor the confifcating the cftales of certain perfons therein 'defer ibed, and for the providingfundsfor defraying the contingent expence of thisjlate.

T It THEREAS it is abfolutely neceffary a fund fhould be raifed for the defraying

VV the contingent and neceffary expences of this ftate, which muft and will ac

crue ;

And whereas numbers of difaffected perfons have deferted thegrand caufe of Ameri

ca, and have joined the troops and forces ofthe Britifh tyrant, contrary to the allegi

ance they owed the United States^ many of whom have left large eftates which reafon

and policy dictates fhould be applied to the ufes of government:

Mi'pe^m* *f i- Be, it enacled by the representatives ofthefreemen ofthe ftate ofGeorgia in General

:ti]hitarcou- ' AffemUy met, and'it is hereby enatted by the authority'ofthefame, That from and imme-

fccated. diatel.y after the paffing this act, the eftates and pofleffions of what and every nature

f'oever within this ftate, of all and every perfon and perfons who lhall now be, or may

have been within the Britifh lines, as Britifh fubjects, and who are not included in the

act of confifcation paffed on the firftday of March in the year of our Lord one thou-

land feven hundred and feventy-eight, or in the act for burying in oblivion certain

high crimes and mifdemeanors, paffed the twelfth day of Auguft one thoufand feveft

hundred and eighty-one, or in the amendment thereof, paffed this prefent feffion, or

who are not at this time looked on and refpected as citizens of this ftate, fhall be, and

they are hereby eonfifcated, to and for the ufe of the fame.

'

certificates t 2. -And be it further ena&edby the authority -aforefaid, That in order to defray the

ireKsSch expence of government as aforefaid, there fhall be certificates iffued on the credit

twenty-two ' thhuoounundsdraesn*dd, one

of the faid eftates to the amount of twenty-two thoufand^one hundred pounds \vh. .ichfai. dccrtmcates mail be drawn i. n 'the m. - anner troll, owm. \g^, vi. z,, r

fp
r1

CONFISCATION AND AMERCEMENT.

8;

This certificate for the fum of ------- fhall be received in payment at the fales Ccrt!ficttc '

of confifoated eftates as fpecie.

g. And whereas a great demand will be in the quarter matter's and cpmmiffary's ^,,art(.r mas.

department, Be it enabled by the authority aforefaid, That the heads- of the laid depart- mlScsT?'"

ments on making contracts for provifions or other neceffaries for the armies or other StS turbV't-

ufesofthis Mate, or in fettling thofe already made, fliall give the perfon or perfons fo afoSid5cti-..

contracting, or who may have contracted as aforefaid, temporary, certificates, who are

hereby required within one month thereafter to produce the fame to his honor the

governor, for the time being, who, on examining and confirming the fame is hereby

empowered to iffue certificates as aforefaid in' favor of the perfon or perfons fo pro

ducing the faid temporary certificates for the amount of the fame, fo as the whole

certificates iffued for the faid departments do 'not exceed the fum of three thoufand

pounds, fpecie ; and the faid quarter mafters and commifTaries are further required

to deliver in monthly returns to his honor the governor, fairly ftated, of all fuch con

tracts By them made as aforefaid, within the fame, which faid returns fhall be regifter-

ed and filed in the fecretary's office.

4. And.be it further ena&ed, That his honor the governor, for the time being, be p^So'con.

empowered to draw certificates as aforefaid, to the amount of five hundred pounds 'Sf"' cxpeB"

fpecie to defray fuch neceffary lervices as may be deemed expedient by him and the

honorable the executive council.

5. And be it further enatted*, That his honor the governor as commander in chief of ^n^'rrcs*,

the militia, be empowered to draw a further fum of one hundred pounds fpecie, for fe_. cret semcra-

eret fervice.

6. And be itJfurther enaSted,7 That his honor the Ogovernor be empJT^owered to draw pFin<ur*no1TMs mtole<- i' certificates for the further amount of five hundred pounds fpecie, for defraying the v"}^1'"13'*

neceffary expence in equipping the men and providing horfesfor the troop to be kept

up in the ftate legion for the defence of this ftate.

7. And be it further enaSlcd, That his honor the governor for the time being, be fur- fa^cn0',S'to

ther empowered to iffue certificates as aforefaid for the further amount of fifteen thou- Ssofmmtu.

fand pounds fpecie,topay off the arrears of the militia of this ftate; and inorder that juf-

tice be effectually adminiftered in the faid payments, thecaptains of the companies of the

refpectiv'e regiments, fhall make out on oath, pay-rolls, with every man's name fairly ^0TM ofpir

and clearly ftated, with the time they were actually in the field, which faid pay-rolls

fhall be certified by the commanding officers of the refpeclive regiments as aforefaid,

who are hereby required ftriclly to examine the fame, that the faid certificates for the

fervice aforefaid, fhall be iffued in the names of the feveral perfons who have done

the duty feparately.

8. And be itfurther enatfed, That his honor the governor be empowered to iffue TWO thousand

certificates for the further amount of two thoufand five hundred pounds fpecie, if ne- poSndsVr civa

-ceirirary, to die/fr ay ithe expences ofothie'-ctivti-l rli.ft.

'-

list cxucnces,

9. And be it further ena&ed, That his honor the governor be further empowered Fivehund

to iffue certificates for the amount of five hundred pounds fpecie for the paying off %S""us!TMHe&

the officers and privates reduced of the legion dragoons agreeable to the time they jj-g]^8 of sal1*

have ferved.

10. And be if further enatted, That the faid certificates fhall be iffued in payment price ofartwra

and contratls on account of the ftate at the rate articles fold for dpring the years

thoufand feven hundred and feventy-four, and one thoufand feven hundred and fe- S TMo'hn-x'

venty-five, except corn, which fhall not exceed two fliillings and fixpence per bu{heLp"n npe?lx*

82

CONFISCATION AND AMERCEMENT.

H- And be iifurther enatted, That unlefs the faid certificates fhall be redeemed

by the firR day of November next, the laid eftates, or fuch part thereof as will re

deem the fame mall be fold at public outcry to the higheft bidder, at which (ales the

faid certificates ihall be received as fpecie as aforefaid.

12. And be it further enabled. That this a&l fhall be confidered as a public act and

given as fuch in evidence.

'

-

WILLIAM GIBBONS, Speaker.

January 3, 1782,

preamble.

An aft for inflicting penalties on, and confifeating the. eftates of fuch perfons as are (herein declared 'guilty of treafon^ and for other purpofes therein mentioned.
1< T TC 7HEREAS, on the fir ft day of March, which was in the year of our Lord V V one thoufand feven hundred and feventy-eight, an aft was paiTed for at
tainting certain perfons therein mentioned of treafon, and confiscating their eftates for the ufe and benefit of this {late, which act has not as yet been carried into full execution: And-whereas it is neceffary that the names of the faid perfons fo attainted by the faid law, fhould be infertedin a law, with the names of various other perfons who have fince the aforefaid time been guilty of treafon againft this ftate, and the authority of the fame, by traiteroufiy adhering to the king of Great-Britain, and by aiding, affifting, abetting and comforting the generals and other officers, civil and military, of the faid king, to enforce his.-authority, in and over this ftate, and the good people of the fame; .And whereas the faid treafons have been followed with a feries of murders, rapine and devaftation, as cruel as they were unneceffary., whereby order and juftice were banifhed the land, and lawlefs'power eftablithed on~ high, exhibited the melancholy picture of Indians inflicting dreadful punifhments on both old and young of the faithful and peaceable citizens of the ftate ; -women and children fitting on the ruins of their houfes, periihing by famine and cold, v/hilft others were compelled in the midft of a rigorous feafon to depart the ftate, being previoufly plundered of both their and their children's clothing, and every other neceflary that might tend to mitigate the uncommon feverities exercifed on the fofier lex and their innocent babesj nor was this all--whilft thefe-days of blood and Britifrt anarchy continued asnong us, and commanded executions of our citizens, taken in arms in defence of their invaluable rights, to take place--executions as unauthori zed by the laws of nations as they were cruel in therofelves, and only to be exceed ed, if poflible, by the abandoned profligacy of fetting torches to temples dedicated to the fervice of the MOST HIGH GOD, whereby they completed a violation of every right, human and divine; And whereas the aforeiaid treafons and other atrockma crimes juftly merit a forfeiture of protection and property: Be it enabled by the re~ prejeniati'ves. of the freemen of the flats.of Georgia in General AJJembly. met, and ly. the authority of the fame, That all and each of the following perfons, viz. for Chatham, Sir James Wright, bart. John Graham, Alexander Wright, Lachlan M'Gillivray, John Mtilryne, Jofiah Tatnall, Bahl Cowper, William Telfair, Alexander M'Goun, Thomas Tahnafh, Samuel Douglafs, Lewis Johnfton, fen. Lewis Johnfton, jun, William Johnfton, Thomas Johnfton, James Johnfton, Sarnuel Farleys James Alexander, Jofeph Spencer, James Butler, John Wood, Robert Reid, John Storr2 Thomas Reid3 George Houltoun a Philip Delegal, fen. his heirs, devifees 01*

CONFISCATION AND AMERCEMENT.
afligns, Philip Delcgal, jun. David Delcgal, John Glen* John Bond Randall, Jatoes Moffman, John Charles Lucena, Nathaniel Hall, Thomas Gibbons', John Fox, jun.' John Simpfon (Sabine-Fields), Matthew Stewart, John Sutclifie, Benjamin Parley, Thomas Roffe, John Joacliim Zubiy, his heirs, devifees or-affigns, David Zubly< jun. George Baillie, William Wylly, Campbell Wylly, Thomas Wylly, Levy Sheitall, James Harriot, James Graham, James Humej John H'ume, his heirs, devifces or affigns, Thomas Goldfmith, his heirs, devifees or affigns-. Major James Wright, James Robertfon, Henry Young$ jun. Jofeph Farley, his heirsi, devifees or affigns, John Fowles, Thomas Fleming, Alexander Thornpfonj Robert M'Cormick, his heirs, devifees or affigns, Thomas Forbes, Colonel Thomas Brown, James Thompfon, Wil liam Jonesj of Savannah, Martin Jollie, Donald Frafer^ Ifaac Baillou, Doftor John Irvine, George Kincaid, Willatn Knox5 John Murray* George Cuthbert, William M'Gillivray, William Stephens, Benjamin Wilfon, Peter Dean, George Fox, Mofes Kirkland, John Lightenftone, William Lyford, Andrew Hewet, Alexander Inglis, James Brilbane, William Miller, William Mofs, Philip Moore, William Panton, Thomas Skinner, John Mulryne Tatnall, Charles William M'Kenny, his heirs, devifees-or affigns, Alexander Rofe, Charles Wright, fen. Robert Porteous, Jermyn Wright, his heirs, devifees or affigns, Charles Wright, fon of Sir James, John M'Gillivray, Tim Barnard, Ifaac Delyon, Peter Edwards, Samuel Langley, ,and Samuel Ealy; Liberty, Glynn and Camden, Roger Kelfall, Thomas Young, Simon Muiifo, Henry Munro, James Spalding, Robert Baillie, Alexander Creighton, Ro derick M'lntofli, William M'lntofh, Indian trader, Charles M'Daniel, his heirs, devifces or afligns, John M'Donald, Donald M'Donald, Daniel M'Leod, Daniel M'lntofh, John Polfon, his heirs, devifees or affigns, William Rofs (Saint An drews), John Wefly, ------M'Coy, of Saint Andrews, John Shave, jun. Richard Shave, Arthur Carney, fen. his heirs, devifees or affigns s -Arthur Carney, jun. Willi am Dawfon, of Newport ferry, Charles Watts, (hip carpenter, ----*- Shepherd, oF Colonel's ifland, James Carfon, of South Carolina, William Clark, Sir Patrick Houftoun, bart. John Martin, of Jakell ifland, his heirs, devifees or affigns, James Ketching, John William Williams, Raymond Demere, jun. John Proftor, Danie! M'Girth, James M'Girth, George Aarons; Effingham county, William Willis, Abraham Meneey, Henry Cooper, fen. Henry Cooper, jun. William Cooper, Benjamin Lanier, John Boykin, Jofliua Pearce, fen. William Pearce, Stephen Pearce, Philip Dill, fen. Philip Dill, jun. James Dill, his heirs, devifees or affigns, John Goldwire, James Pace, fen. Chviftopher Frederic Trubnier, Stephen Dampier, Peter Blytr*, his heirs, devifees or affigns, John Blyth, Samuel Cooper, George Weekly, Wilderick Gruber, Jofeph Johnfton, John Johnfton, William Powell, William Love, John Love: Burke county, John Thomas, Daniel Ruflel, Matthew Lyie, Robert Miller, John Robertfon, Daniel Howell, Alexander Carter, Robert Wolfington, WilLughby Tucker, John M'Cormick, his heirs, devifees or affigns, Paul M'Cormick, his heirs, devifees or affigns, Robert Henderfori, his heirs, devi fees or affigns, Lud Mobly, James Herbert, James Moore, his heirs, devifees or affigns, Samuel Moore, Jofeph Cornals, P.obert French, William Balfour, his heirs, devifees or afligns, Ifaac Downing, Ifaac Eaton, Andrew -M'Neily, James Robertfon, fames Lyie, Jofeph Marfnall, John Pig, his heirs, devifees or affigns, John Brown, Thomas Rutherford, Cader Price, John Hammet, David'Green, Phi lip Helverfton, William Hammond, George Johnfton, fen. John JohnRon,. Wil liam Corker, Edward Corker, Stephen Corker, John Corker, William Mangrum, James Douglafs, William Diirgin, James Hunt, John Young, Robert Tilman,
2

84

CONFISCATION AND AMERCEMENT.

William Young, Matthew Moore, his heirs, * devifees or affigns, Henry'Sharp, his

heirs, devifees or afligns, Jacob Sharp, Cordy Sharp, William M'Natt, Samuel

Montgomery, Thomas Lamb, Edward Pitcher, Benjamin Brantley, Henry Over-

ftreet, Elias Bonnel, William Brown, Auguflus Underwood, Abfalom Wells, John

Fergufon, William Reicl, Thomas Beaty: Wilkes county, Thomas Walters, Henry

Williams, John Douglafs, William White, Samuel Williams, John O'Neal, Aving-

ton Perkins, Daniel Philips, James Gordon, Abraham Wilkins, Samuel Wilkins,

Jonathan Wilkins,* Luke Bynon, William Tidwell, Reuben Sherrall, his heirs, de

vifees or affigns, James Gordon: Richmond county, Colonel James Grierfon, his

heirs, devifees or affigns, Andrew Moore, his heirs, devifees or affigns, John How

ard, his heirs, devifees or affigns, William Manfon, James Ingram, Edward Afliton,

James Seymour, Martin Weatherford, James Weatherford, John Henderfon,

John Weatherford, George Philips, Alexander-M'Lean, Benjamin Howard, his

heirs, devifees or affigns, Thomas Howard, his heirs devifees or affigns, Andrew

Robertfon, Daniel Cameron, John Jamiefon, William Gates, Thomas Scott, Rich

ard Bailey, John Coppinger, Thomas Manfon, Jacob Watfon, Doftor Andrew

Johnfton, Charles Weatherford, John Furlow, James Jackfon, of Augufta, mer

chant, William Johnfton, Dofctor Francis Foliiott, Doftor Thomas Taylor, Si

mon Patterfon, Thomas Polhill, Nathaniel Polhill, his heirs, devifees or affigns,

lidsiiedfrom j ohn Maxwell, Solomon Kemp, be and they are hereby declared to be banifhed

dartsi or!bey froTM1 this ftate forever ; and if any of the aforefaid perfons fhall remain in this

iiSiSuio* ftate frxty days after the paffing of this aft, or fhall return to this ftate, the go-

Gunty"offe!o- vernor or commander in chief for the time being, is hereby authorized and required

Ethdupo?r to caufe the perfons fo remaining in or returning to this ftate, to be apprehended and

SvSg'rSurl committed to jail, there to remain without bail or mainprize, until a convenient;

d

opportunity fhall offer for tranfporting the faid perfon or perfons beyond the feas,

to fome part, of the Britifh king's dominions, which the governor or commander in

chief for the time being is hereby required to do: and if any of the faid perfons fhall

return to this ftate after fuch tranfportation, then, and in fuch cafe, he or they mall

be adjudged, and they hereby are declared to be guilty of felony, and fhall on con-

viftion of their having fo returned as aforefaid, fuffer death without benefit of clergy.

Theirestates, 2. And be it further enabled by the authority aforefaid, That all and fingular the ef-

wwchlhcy' " tales, real and perfonal, of each and every of the aforefaid perfons, which they held, w>e>retheAni>tirtiliei7d?j. pofrlreiIiTedi, or were enti-t1le1d to, in l1 aw. or equi ty, on thi e ni neteenth11day orr AA pri-li, one

thoufand feven hundred and feventy-five, or which they have held fince, or do hold

in poffeffion, or others hold in truft for them, or to which they are or may be enti

tled to in law or equity or which they may .have, hold, or be poffeffed of, in right of

others, together with all debts, dues, demands, of whatever nature, that are or may

be owing to the aforefaid perfons, or either of them, be confiscated to and for the ufe

and benefit of this ftate, and the monies arifing from the fales which fhall take place

by virtue of and in purfuance of this aft to be applied to fuch ufes and purpofes as

the legislature ihall hereafter direft.

certain dc- g. And whe'reds, divers other perfons citizens of this ftate, and owing allegiance jpeeirlsotonst,hesus1bam- e thereto (whofe names are not herein recited) did in violation of the faid allegiance,
traiteroufly affift, abet, and participate, in the aforefaid treafonable practices; Be it

therefore enafted, by the authority aforefaid, That all and every of the perfon or per

fons under this defcription fhall, on full proof and conviclion of the fame in a court

of lawj be liable and fubjecled to, and they are hereby declared liable, and fubjefted

CONFISCATION AND .AMERCEMENT.

85

to' all the like pains, penalties, and forfeitures'inflifted by this aft, on thofe offenders whofe names are particularly mentioned therein.
4.' And:whereas, there are .divers eftates and other property within this ftate, be- Estates,&c. ar longing to perirons w1 ho 1 hav1 e been di ecliar' edV gui-li ty or convic-ti edi.in one or othi er otr tnefipsegrstoinosno^n&coinnUnited States,, of offences which have induced a confiscation of their eftates or pro- g|fs^edin perty within the ftate of which they "were citizens, Be it therefore enaBed by the au thority aforefaid, That all and fingular the eftates both real and perfonal, of perfons under this defcription, of whatfoever kind or nature, together with all rights, or titles, which they may, do., or {hall hold, in law or equity, or others in truft for them, and alfo all the debts, dues, and demands (except debts and demands due or owing to nxPt debts Britifh merchants, or others refiding in Great-Britain, which fhall be appropriated as merchant's. herein after mentioned) owing or accruing to them, be confifcated to and for the ufe and benefit of this ftate, in likejnanner and form of forfeiture as they were fubjeft to in the ftates of which they refpeftively were citizens of, and the monies arifing from the tales which fhall take place by virtue of and in purfuance of this aft, be applied to fuch ufes and purpofes as the legiflature fhall hereafter direft.
5. And be itfurther enabled, That all debts, dues, or demands, due or owing to. which are to merchants or others refiding in Great-Britain,-be, and they are hereby fequeftered, beiequc5to'cc1' and the com mi (loners appointed by this aft or a majority of them, are hereby empow ered, to recover, receive and depofit the fame in the treafury of this ftate, in the fame and paid into manner, and under the fame regulations as debts confifcated, there to remain for the the treasuryufe of this ftate until otherwife appropriated by this or any future Houfe of Affembly.
6. And whereas there are various perfons, fubjefis of the king of Great-Britain, Th(.estates, poffeffed of or entitled to eftates, real and perfonal, which juftice and found policy ^iSS'^as, require fhould be applied to the benefit of this ftate, Be it therefore enaSied by the au- conhscatedthoriiy aforefaid, That all and fingular the eftates, real and perfonal, belonging to per fons being Britifh fubjefts, of whatever kind or nature, which they may be poffeffed of, (except as before excepted) or others in truft for them, or that they are or may be entitled to in law or equity, and alfo, all debts, dues, or demands, owing or accruing to them, be confifcated to and for the ufe and benefit of this ftate, and the monies arifing from the fales which fhall take place by virtue of, and in purfuance of this aft, be applied to fuch ufes and purpofes as the legitlature fhall hereafter direft.
7.. And whereas feveral fraudulent fales, grants, devifes, transfers, bargains, ex- ^d^nt,ince changes, or other titles and conveyances, may have been made by fome or other of t,'!,e7 '/'"'e^d the aforefaid perfons heretofore, with intent to defraud the ftate, and to commit trea- voidfan againft the fame with impunity, Be it therefore enacted by the authority aforefaid, That every fale, grant, devife, transfer, bargain, exchange, or other title or convey ance, which has been made or executed by any of the aforefaid perfons, or by his or their attorney or attornies, agent or agents, fince and after the nineteenth day of April which was in the year of our Lord one thoufand feven hundred and feventyfive, fhall be deemed and held null and void to all intents and purpofes whatfoever.
8. And whereas there are feveral juft claims and demands which may be made by cwmsupon the good and faithful citizens of this ftate, or others of the United States, againft the taSto'Sc es" eftates of perfons confifcated by this aft, Be it therefore enaElcd by the authority aforefaid, "oarf^oVsirca That any perfon or perfons well affefted to the independence of the United States, ha- moS? ving debts owing to them from the perfons named or defcribed in this aft, or who have any juft claim or claims in law or equity againft any of the faid confifcated eftates, that every fuch perfon or perfons fhall bring his or their claim, or enter his or their aftion.

86. '

CONFISCATION-AND AMERCEMENT.

within the fpace of twelve months from the paffing of this aft, or, in default thereof,

he or they fhall be forever debarred of deriving any benefit from the fame.

irchioRjhavins g. And be it therefore enabled) That all perfons having claims or demands againft

m'iy snhmit any of the confifcated eftates, be at his or their option to lay a ftate and proofs of the

hoavd.crpro- faid demand.-, before the faid commiffioners* of a majority of them, on or before the ituw. cred to sihon fourth day of May next, andi thi e f/>ai di commifrlrioners or a maj ority ofn tht em, are h. ere

by empowered and required to examine into the juftice and validity of the faid de

mands, and make a report thereof to the General Affembly at their next meeting -af-

* ter the faid fourth day of May next, to the end that the legislature may direft, with

refpect to fuch creditors, what to juftice fhall appertain ; and if the faid legiflature

fhall not liquidate the faid demands agreeable to the claimant, fuch claimant fhall have

an aftion againft the faid commiffioners, or a majority of them; and the amount of

fales of the epates of the perfons mentioned in this aft, fhall be refpeftively liable to

fatisfy the faid demands, and all other creditors except thole who are unfriendly to

American Independence; and where any claimant fhall fo choofe, he or they fhallhave

/by a jury, recoudc to his or their aftion at law, and if a verdift of the court where the fame fliall

be tried fliall pafs for him or them, then on certifying the fame to his honor the gov-

t;nor or commander in chief for the time being, his honor the governor and com

mander in chief for the time being fhall iffue a certificate for the fum verified by the

'fohcpaMm verdift to every fuch claimant, which certificate fhall be made payable and td be paid

w^hrewnptr' in twelve months after the date thereof, with intereft for the fame at the rate of f even

cuit, mer , p Ouncjs p er cen t, yearly, and fliall be and admitted and received in payment in every

purchafe, which fuch perfon or perfons may make at the fales of the forfeited eftates at

jmigM oniie the expiration of the faid twelve months : Provided always, That the iudses of the

msuapyerdioertecromuirnte
summarily m

fL1

p en.o1 r
r

court

i. n

the

refrpoef> tivc |

counti es

bi e

empoweredi i

andt authi ori zedi

to

proceedi
r

i n

teTMiV"mIdB!'f' a fummary manner to determine in cafes where the caufe of. action fhall not exceed

fifteen pounds.

A hoard ofcom- i o. And to the end that this aft may be carried into effectual execution, for the

vointcSctTMr- benefit of this ftate; Be it further'enabled, by the authority aforefaid, That there be a

ck-a.sadmto board of commiffioners appointed by ballot of this houfc, to confift of two perfons

out of each of the counties within this ftate, except Glynn and Camden, for which

there fliall be one chofen; which faid commiffioners, or a majority of the faid thir

teen * commiffioners fo chofen, fhall be, and they are hereby empowered, authorized

and required, to take into their cuftody and care all and every the eftates real and

perfonal which are confifcated by this aft, and they are hereby empowered and au

thorized to do all afts and things which are necefl'ary for carrying the fame into ex

ecution.

11. And be it further chatted, by the authority aforefaid, That the faid.cottimiffion-

ers, or a majority of them, be empowered and required, and they are hereby empow

ered and required, to proceed to and begin the fales of the faid forfeited eftates, both

real and perfonal, in forty days after the paffing of this aft, on the following

aitiOTsof. terms and conditions, to \vr\ feven years credit to be given to purchaiers of the

landed or other real eftates, and four years credit to be given to purchaiers of the per*

folia! eftates; that the faid fales be public, and held on or between the hours of'ten

o'clock in the forenoon and three in the afternoon, with power of adjournment from

day to day or otherwife, in fuch place or places as the faid coirimiflioners, or a majo

rity of them, fliall judge molt convenient; that the faid commiflioners, or a majority

* This board diffolved by aft of 1783. SeS. 2, page 89.

CONFISCATION AND AMERCEMENT.

87

of them, do and fhall iffue thirty days notice previous to the commencement of the Hccrtydsyi'"0" faid fales, and that the higheft bidder be deemed and confidered a purchafer: that the Pnic])aTCrai.o faid commiffioners, or a majority of them, fhall take a perfonal obligation from every g^TM1^1 ' purchafer of any part or parts of the real or^anded eftates, with a mortgage of the^Sses. fame, for the payment of thepurchafe money at the time appointed by this afit, toge ther with fufficient fecurity for the payment of intereft annually, at the rate of {even pounds per cent, per annum, which payments of principal and intereft {hall be ren -payi)lems to be dered in Mexican dollars, or other monies in gold or {liver: that the laid comrniffion-j^^^xiers, or a majority of them, fball take the bonds in the name of his honor the governor, j^"^^^ or commander in chief of the ftate for the time being, and his fucceffors in office; 0'"1 and that the faid commiffioners, or a majority of them, be. fully empowered and commissioners authorized, and they are hereby empowered, authorized and required, to execute fufficient titles and conveyances for iveiling the eftates real and perfonal in the perfons. who .fhall refpeftively purchafe the fame, their heirs, executors, adminiftrators or affkns, refpectively, for the terms for which'they were fold: that the (aid commif-to give security jii-oners rcffpec<-u, veliy mn ai1l1, previous to th!ei r e'n ter in g into thi e execution orr th1 ei r orili-ice, su?it<liirPcocutlmiimist-o gi v' e Jrccun ty to thi e amount ofi- thi ree thi oulrand, poufondis'i/p ecie to hi i;s hi onor thl e' govern thc Kovenior. or, or commander in chief of the ftate for the time being, and take the following Aml taketli;5 oath of office: " I, A. B. do folemnly fwear, that I will .diligently, truly and im- "*"' partially execute the duty of a cornmi'Hioner 1'or the fale of the forfeited eftates, agree able to the directions of the at, for the benefit of this ftate. So help me God."
12. And whereas, notwithftanding the fcenes of cruelty and dillrefs which the XTiS't^f-i. wives and children of numbers of the good and faithful citizens of this ftate un-'^f"^; derwent, humanity diftates that a reafonable fupport and maintenance fhould be al lowed to the families that may have remained among us .belonging to perfons whofe eftates are confifcated by this at, Be. it therefore enabled by the authority aforefaid, That the faid commiffioners or a majority of them, be hereby empowered and authorized, and they are hereby authorized and required to grant a reafonable.and temporary maintenance to the families of fuch perfons as are banifhed by this act, until the legiflature fhall hereafter direfct or order a fixed fupport for the faid families.
13. And whereas it is necelfary for the public benefit that all embezzlements, re-of"SS!t movals or concealments of the forfeited eftates fhould be prevented; Be it therefor cl^^^'.^ enatted, ly the authority aforefaid, That any perfon or perfons who fhail from and af-^''104" dcrt'y ter the paffing of this act, wilfully or intentionally conceal or embezzle any part or parts of the perfonal property confifeated by this at from the commiftiohers ap pointed by this aQ. for the taking the fame into their cuftody or care, or who fhall convert the fame to their own ufe and behoof with intent to defraud the ftate, and prevent the commiffioners from felling or otherwife difpofing of the fame, that all and every perfon or perfons fo offending as aforefaid} fhall be guilty of felony, and on conviction thereof fhall fuffer death.
14. And whereas, doubts may arife whether the inhabitants of this ftate who SSyS!e" poffefs no grants for the lands formerly purchafed of the Britifh commiftioners in cient' Wi'ikes county, commonly called and known by the name,of the ceded lands, are enabled to give landed fecurity, where the fame is required by this acl, Be it further enacted by the authority aforzfaid, That the faid inhabitants are, and they are hereby hSBte* declared capable of offering and giving fuch ungranted lands as fecurity to the commiifioners for the fales of the forfeited eftates in every of thefe cafes where fecurity is required by this aft,

88

CONFISCATION' AND' AMERCEMENT.

Grants lost. 1 ^ > 'And'whereas ,fr-om the irruption of the enemy, and the devastation which fol

lowed, various of the good people of the ftate may have loft their grants or titles for

their lands, Be it further enabled: by-the authority aforefaid, That all and every per fan

under this defcription, arid who are publicly known to be poffefled of the lands, the

titles or grants of which are fo loft or deftroyed, fhall be capable of giving fuch lands

in fecurity, and fuch landed fecurity {hall be received in all and every of thofe cafes

where landed fecurity is required by this aft.

.

s^esumicr*a 16. And whereas feveral fales of real eftates, forfeited and confiscated by the ah

compii<fdnwUh, of attainder and confifcation which was paffed on or about the firft day of March1,

one thoufand feven hundred and feventy-eight, took place, the terms of which fales

were never complied with: Be it therefore enacted, by the authority aforefaid, That

all and every fale of any part or parts of the faid real eftates, the terms of which

%vere not ftriftly complied with and fulfilled on the part of the purchafer or purcha-

fers, in the manner and form prefcribed and required in the rules and regulations for.

felling the faid real eftates, be deemed and held riulland void; and fuch fale or fales

are hereby declared to be null and void to all intents and purpofes whatfoever; and

the comrniffioners appointed by this aft are empowered and required to take the faid

Sufuntotiiilf real eftates into their cuftody and care, and to be fubjefted to fale under the power

*a-

and authority,of this aft.

sbaeiedsesocfriiabmedttion t j/ f And be it Jfurther enabled,* bsy the authoritsy aJforeJ_faid,' That the faid commiflionthe tat m.TM- erS5 or a majority or them, be empowered and required, and they are hereby em

powered and required, to proceed to the fales of the forfeited real eftates which have

been fettled heretofore, or which by public notoriety are known or generally underftood

to contain a certain or fuppofed number of acres, under the defcription which the faid

lot, plantation, or traft of land, ifland or iflands (as the cafe may be) generally bears,

and alfo to the fales of all fuch other unfettled real eftates as the faid commiflioners,

or a majority of them, can receive a well informed knowledge of from wile and faith

ful citizens, who are or may be acquainted with fuch unfettled trafts of land,

Theatet8 18. And be it further enabled by the authority aforefaid... That the .Rate will and do tdheifseJnada"a"lllesrales guarantee and. d,.e-'fend. th. e commi. i,fn. oners appoi-ntedi iby thi is ac~,t, or a maj.or.it'y.o:,t 'nera,

in all their proceedings for carrying the powers and authorities given them .by the

fame into full efFeft, and will alfo warrant and forever defend all and every fale or

fales which the faid commiflioners or a majority of them {hail nitu^c to. any purcha

fer or purchafers of any part or parts of the real and perfona! eitates coiuiicatcd by

this aft.

commission- in. And be li further enabled by the authority afore/aid.. That the is id conunifiionteiresn' ,compensa- ers i ben allowedi a commiirlrion ofr one and\ a vhal\(f~ per cent, on al\l:- lin\ es or th\ e rrai'-and per-

fonal eftates, befides all reafonable and juft expences incurred in carrying this a;:L into

execution.

Toreportthcir 2O. And be. it Further enacted by the authority aforefaid, That the commiffioners ufrreoqceueednitnlpy;sto J,,h,a,ll,' and-,t,hey are h1e1 reby requi- rei d,rfrom ti. me to^ti.mJe, once i. n two. month. s, mak. e

out returns of all their proceedings, and deliver the fame to his honor the governor

or commander in chief for the time being, with the inventories of the different eftates,

and all fuch accounts of fales as may be finifned, and alfo all bonds and fecurities, and

fums of money received by them.

public *-*> 21. And be it further enabled by the authority aforefaid, That this aft fhall.be a pub-

motufberai lie one, and judicially taken notice of as fuch, and that the fame fhall have the moft

constvuftion. ^j^ j;^erai ancj general conftruftion, for the purpofes of carrying the fame into exe

cution in the moft beneficial manner; and if the faid commiflioners or any of them,

CONFISCATION AND AMERCEMENT.

foe impteaded or fued, or any perfon afting under their authority, for any matter or

ihing clone aft" aond the

by virtue of this fp> ec,ial matter i. n

aft, they evi.d,ence*

or he may plead the general iffue, and give this andi on verdiicot or" j*udigment agamfAt t- ht e plia"in-

Grt ^i ftVaV be i

tiff, or on his nonsuit or difcontinuancc, the perfon or perfons fo fued ill all recover

treble colts,

,
SAMUEL SALTUSj Speaker.

Augufta, May 4, 1782.

An aft for empowering a kfs number of commiffioners, to be a board than is mentioned ih the ad faffed at Augufla on the fourth day of May one thoujand feven hundred and iighiy-two, for in/lifting penalties on, and confifcaiing the ejlales of fuch perfons as have been guilty oftreafon againjlthisjlate, and for other purpofcs therein Mentioned,,

i.T 71 THEREAS in and by the iaft patted .the fourth day of May one thoufand fe- phaim ,.,

V V ven hundred and eighty-two, entitled " An aft for inflicling penalties on, and confifcating the eftatcs of certain perfons, and for other purpofes therein mentioned,

Commiffioners were appointed for carrying the fame into execution and were inverted

for that purpofe wiiii inch powers as are therein fet forth and contained. And whereas

the faid law declared a majority of the faid commiffioners competent to proceed on the

execution of the fame,, and it is now rrianifeft the intentions of the law are retarded and

prevented by the difficulty of getting together a majority, of the commiffioriers fo ap

pointed to proceed to bufincfs, Be it tnalied by ihsrepre.fentativesofthefreemenofthe

fiate of Georgia in General A trembly met. and by the authority of the fame* That from

Jand. i. mmed,.iatel,y afrter thi e palnl-ing orr th1 is acc\t., C/~ilharl1es U/-^d1ingtrel1l1s, HT T ugh1 Lr awi(on, and1 ""Hj,irHftSr^3COfpm^mia:-

Abraham miffioners

Ravolt, or a maioritv of them mail be and they fully efJtablifliedJanv d inverted1w*i1th all and every

are hereby declared comthi e powers and authoriti.es,

"sbfthc ,b ir* ^* cHonim^lm^ioir-

a majority of the whole of the laid corftmiflioners named and appointed in the faid a*

law were by the fame aQually inverted and empowered with^ except the proceeding to

fale of confifcated real cftates, and except the fale of confifcated perfonal eftates witlu

out the fanfilion, concurrence and order of his honor the governor and executive

council for the time being, mall be firft had, obtained and given for the fale of fuch

confifcated perfonal eftates only> any thing in the faid confifcation law aforefaid to the

contrary nbtwithftanding. 2 . And be itfurther matted by the authority oforefaid, That all and every power and FanB b<d

powers derived by any of the commiffiortels except Charles Odingfells, Hugh Law- li"i lvc*

foil and Abraham Ravolt, by, fr6m or under the confifcation al, paffed at Augufta^

as aforefaid, is and fhall immediately after the paffing of this at be annulled and de

clared void, any thing in the faid confifcation aft to the contrary notwithftanding. 3. And be it further enabled by the authority aforefaid, That his honor the gov- d^w,,,,,,^

crnor by and with the advice and confent of the executive council, mail be and he is S^H

hereby empowered to give his fanftion, concurrence, and order to the faid coinmif- catac<

fioners on any preffing exigency of the ftate to proceed to fale of fuch confifcated per

fonal property as fuch exigency may require, on fuch terms as may appear to them

to be molt advantageous for the ftate.

4. And be it further tnatted, That Charles Odingfells, Hugh Lawfon, and Abra- th

ham Ravolt, commiffioners as aforefaid and hereby appointed, mall be and they here- JS^-I"^

by

are

vetted

and

authorized

with

all

and

every

the

powers

and


authorities

the

major-

^Hii?"*

90
FHbiicaa.

l CONFISCATION AND AMERCEMENT.
ity of the commiffioners named and appointed in and by the faid con.fifcation law, were and are inverted with, by an aQ paffed the fifth day of Auguft laft pafled, entitled " An. al for the amercing feveral per'fons therein named, and for other purpofes there" in mentioned ;" any thing in the faid amercement law to the contrary thereof con tained notwithftanding.
Q, And be itfarther enatted, That this act mall be a public aft, and given as fuch in evidence.
' N. W. JONES, Speaker. Savannah, February 8, 1783.

An aftfor releasing certain perfons from thtir bargains, and again felling and difpo-

Jing of the fame premifes; for ejtablifhingfunds ; and for other purpofes therein

mentioned. .

">.

itmmwt. -T^ITHEREAS under and by virtue of an a&, entitled " An aft for infliftingpen-

V V " aides on,'and confifcating the eftates of fuch perfons as are therein declared

" guilty oftreafon, and for other purpofes therein mentioned," paffed at Augu-fta on

" the fourth day of May, one thoufand feven hundred and eighty-two, divers fales of

confifcated property have taken place in the feveral and refpeftive counties within

this ftate : And whereas fince the time of making the faid fales, doubts have arifen

whether the purchafe money of the fame was to be paid in fpecie only, or whether

certificates and other demands againft the public were to be taken in payment there-

toBfiSof f> m 01"der therefore to remove all doubts on this head, Be it enabled by the repre-

lAta"Jt ^\Ihfen^a^'ves of the freemen of the Jlate of Georgia in General Affembly met, and by the au-

^viSivtiat'-thwity of the fame : That from and immediately after the palling of this aft, and un-

*'"'": til the firft day of Oftober next enfuing, it fhall and may be lawful for any purchafer

or puT'chafers of any eftates, real orperfonal, of, or lately belonging to any perfon or

perfons whatfoever named or comprehended in the faid aft of confifcation, to give up

and make void his, her, or their faid purchafe and bargain, in cafe he, me or they fliall

be diflatisfied therewith ; and the fame fliall be accordingly in that cafe revetted in the

public, without any intereft, cofts or charges (except what fhall have been already ac

tually paid for the conveyances) being exacted or demanded from the purchafer or

purchafers thereof; and on re-delivery of the premifes without abufe or wafte, all

conveyances, bonds, mortgages, and other writings refpefting the fame, between the

purchafer or purchafers, and any perfon or perfons whatfoever. for and in behalf of

the public, fliall be exchanged, and notwithftanding any record thereof, being made

the fame fliall be cancelled and deftroyed.

|

An certificates 2. And be it further enacted by the authority aforefaid, That all and every fuch pur-

&paymen"eiri chafer and purchafers of confifcated property, real or perfonal, under the aft afore-'

igoid'!ver faid, who fhall not, on or before the faid firft day of Oclober next enfuing, give up

and make void his, her or their faid purchafe, and exchange writings as aforefaid, .fhall.

be held and confidered as abfolutely bound thereby, and fhall be liable and obliged

to pay one equal moiety or half part of the faid purchafe money, with one equal

inoiety or half part of the intereft thereof, in gold or filver coin, and nothing elfes

and the other equal moiety or half part of the faid principal and intereft, or fo much

thereof as may be convenient, in certificates of this ftate, (funded on forrie law

or refolve of the aflembly) ef any denomination whatfoeverj under the hand of

CONFISCATION AND AMEk'CEMJENT;

91

the prefent, or ,the laft, or any future governor, and bearing date fubfequent.

to the firft day of January in the year of our Lord one thoufand feven hundred and

eighty-two, or in accounts (by way of difcount) againft the public, duly audited and

certified agreeable to the refolves of afiembly paffed fince that period, and fiich certi

ficates or audited accounts being due either to the refpeftive purchafers themfelves, or

transferred (though not appearing on the face thereof to be negotiable) to them, or

any of them, by any other perfon orperfons whatfoever: Provided fuch certificates

or audited accounts be brought in, and endorfed off the bonds of the faid purchafers

refpeftively, within one year from and after the paffing of this aft, or otherwife this

laft mentioned moiety of principal and intereft, or fo much thereof, as at the expi

ration of the faid one year, mail remain unpaid in certificates or audited accounts, to

be alfo payable in gold or filver coin, and nothing elfe.

3. And be it'further cnatted by the authority, aforcfaid, That immediately after the Suits ts hc

faid firfl day of Oftober next enfuing, his honor the governor, and the executive tiTTMe"TMt,f"r

council do, and mall take the moft fpeedy arid effectual meafures, by fuit or otherwife,rSnge"^

for recovery of all intereft money due and owing on bonds given for eftates real or

perfonal, fold under the faid confifcation ac\, and which mall not be given up by

the time limited as aforefaid, and the faid intereft monies when received, (hall form

a contingent fund in the treafury, and the treafurer fliall be enabled to give fufficient

receipts on the back of the refpeftive bonds for the fame, and mail keep a fair and

regular account thereof, to be from time to time laid before the Houfe of Affembly.

4. And be it further enabled by the authority aforefqid, That the commiffioners ofcommimioiwrs

confifcated eftates herein after named ftiall, and they or a majority of them are here- JSPJS'th?

by directed and empowered, in the months of November and December next, be- tu>n0.fC011h5c:'~

ginning on the fecond Tuefday in November, and continuing from time to time at

their difcretion, to proceed to the fale of, and aftually to fell, in manner pointed out

by the faid aft of confifcation, all and lingular the confifcated property, real and

perfonal, then remaining on hand within the feveral counties, either that given up as

above mentioned, or that which has been fold and the terms of fale not complied

with, (Provided neverthelefs, rFhai where the party has. given bonds for principal and^TM^TM'^

intereft, with fecurity for the latter, and fliall give mortgage by the firft day of Oc- fn/ievcnfo'"'

tober next, it fliall be deemed a compliance) or that 1 which has never yet been fold realestato>

or expofed to fale; and the fame mall be fold, payable in four years if perfonal, and

feven years if real eftate, as mentioned and direfted in and by "the faid confifcation

aft; and the purchafers thereof mail accordingly give bond, mortgage and other fe

curity as therein required for the confideration money, and good and fufficient fecu

rity for the intereft thereof; which faid confideration money, and the intereft thereof,

fhall be payable in the fame manner as the former fales are before declared to be,

that is to fay, the one equal moiety or half part of the faid purchafe money, with WM the pur-

the intereft thereof, in gold or filver coin, and nothing elfe; and the other equ al|^TM^*

moiety or half part of the faid principal and intereft, or fo much thereof as may be <>*"!>caas-

convenient, in certificates of this ftate (funded on fome law or refolve of Afiembly)

of any denomination whatfoever, under the hand of the prefent, or of the laft, or

any future governor, and bearing date fubfequent to the firft day of January, in

the year of our Lord one thoufand feven hundred and eighty-two, or in accounts

(by way of difcount) againft the public, duly audited and certified agreeable to the

refolves of Affembly paffed fince that period; and fuch certificates or audited ac

counts being due either to the refpeftive purchafers themfelves, or transferred (though

not appearing on the face thereof to be negotiable) to them, or any of them, by any

..

I

CONFISCATION AND AMERCEMENT.

other perfon or perfohs whatfoever: Provided fuch certificate or audited accounts be . E'vhoicifi brought in and endorfed off the bonds of the faid purchafers refpeftively, .within one
"r& 'year from and afte.1" the pafling of this aft, or otherwife this laft mentioned moiety of principal and intereft, or fo much thereof as at the expiration of the faid onQ year fhall remain unpaid in .certificates or audited accounts, be alfo payable in gold or filver coin, and nothing elfe.
%.TMcJ!7An..to 5- And be it further enacted, by the authority aforefaid, That any perfon or perfons rte1 f whatfoever now or hereafter holding fuch certificates as aforefaid, or audited accounts,
againft the public, who fhall not have purchafed at the preceding, or fhall not purchafe at the fucceeding fales of confifcated property, or who fh.aU not transfer their demands to thofe who do purchafe, or who fhall in any cafe have in their poffeffion, fuch certificates or audited accounts as aforefaid to a greater amount than they are allowed to pay away in difcount on bonds given for confifcated property, that all and every fuch perfon and perfons fhaU ? at any time within thirteen months from and after the pafluig of this aft, be at liberty to bring in their faid certificates or audited accounts to his honor the governor, and to exchange the fame for certificates of a new denomination (the form whereof is herein after fpecified) to be figned, in, dented and iffued by his honor the governor in council, and regularly entered on the council books, and the fame fhall he numbered, and alfo counterfigned by the trea-? furer, who fhall keep the indent, with the number and fum of every, fuch certificate, as a check, and who fhall alfo keep a fair account of all fuch certificates, and to whom payable, for the infpeftion of the Affembly ; arid the faid certificates and audited ac counts fo brought in and exchanged as aforefaid, fhall be lodged in the treafury until the meeting of the Affembly from time to time, who ftiall appoint a committee to leg the faid certificates burnt, and the faid audited accounts properly arranged and laid up in the treafury, as vouchers for fo much paid by the public,
6. And be itfurther enabled, by the authority oforefaidt That the following fhall be the form of the certificates to be iflued as before du'cftcd and required, that is to fay;

STATE or GEORGIA,-.

No,

.

By his honor A, B. efq. captain-general^ governor and commander in chief in and over the faid ftate.

Cf)Cft flffc tO CCrtifg, That there is due and owing from this ftate to ,C- .D. the

fum of jC.

fterling; which faid fum, being part of the intended

funded debt, will be provided for, payable at the expiration of feven years from the

nineteenth day of July, 1783, and in the mean time the intereft thereof, at-the rate

of fevea per cent, per annum, will be regularly paid at the treafury to the faid.C. >,

$r his order, in gold or filver: coin, at the current rates in. Savannah.

Given wnder rny hand, in.council, purfuant to an. aft of A.ftemblyj this.

day of

178

Counterfigned by

.

E. F. Treafurer,.

Which faid certificate, being authenticated and ifTued as aforefaid, fhall be eonfidert edas forming an aggregate-to be hereafter reduced to a funded debt againft this ftate,
redeemable in feven years from and after the pafling of this aft, and carry ing an it
" of feven per cent, payable out of the treafury in gold and lilver coin, at the

CONFISCATION AND AMERCEMENT.

. . ' 93

fent current rates in Savannah,. yearly and every year on the day of the date of the

faid certificates refpeclively.

,

7. And be itfurther ena&ed by the authority aforefaid, That in cafe any perfon or Holdcrs of ,,

perfons holding certificates or audited accounts as aforefaid, fhall neglect to bring in ^1TM"','.'^,

the fame, either in payment of a debt or debts, for confifcated property, or in ex- SI'trSrTov

change for a certificate of the denomination above fpecified, within the feveral and thn1'S<i.

refpeclive times for thatpurpofe limited and appointed, all and every fuch perfon and

perfons fhall beconfidered as forever precluded from the faid' demands, and the public

fhall not,be liable to make provjfion for payment of the fame, at any time hereafter.

8. And be it further enabled by the authority aforefaid, That in all future fales o'fTrmof S'e

confifcated property, the eommiffioners fliall wait three days for the purchafers to vj'ji' 11/1 rthrc

comply with the terms of fale, and if not done within that time, the faid commiffion-pfr'y resold.

ers fhall proceed to fell again, and fo on until the faid terms fhall be complied with ;

end in every inftance of non-compliance after the fales fhall commence under this act,

the laft perfon who fhall refufe or. neglefct to comply, fli^ill, in cafe the then next fale

(hall not equal or exceed his, make good the difference in price between the one and

the other, fo that the public may be no lofer thereby ; and the faid. eommiffioners Bondstp^

fhall accordingly require and oblige every purchafer, immediately after the premifes uk"'

ill all be knocked off to him or her, to fign and feal an obligation to the following pur

port, I,-A. B, do hereby acknowledge to have purchafed at the fales of confii'cated form !#.

property a plantation or tract of land, containing or faid to contain

acres, litu-

ate, in the county of

9 at and after the. rate of

per acre ; (or otherwise

defcribing the premifes as the cafe maybe) and I do hereby bind and oblige my fell,

my heirs, executors, and adminiftrators, to comply with the terms of and conditions /

on my part, within three days after being- required fo to do by the commillioners of

the faid fales ; or a majority of them, or elfe to forfeit to the-ftate -whatever may b^

the deficient difference between the amount fales of the faid premifes, as knocked off

ro me; and the amount fales of the fame to the next purchafer, and to pay the faid

difference, on demand, in gold or filver coin, to the faid commiffioners, or a majority

of them,--'Witnefs my hand and feal this day of

. 1 7^3-

Prcfent,

'

-

9, And be. it further enabled by the authority aforefaid, That when, and as foori as commission^,.

fale fhall be made of all the confifcated property, and bonds, and other Securities ta- a^iInKfiiefw

ken for the fame, as before directed, the faid comrpUIipncrs, or a majority of them, *u"iy'.al

mall make out and lay before the Houfe of Affembly at their next fitting thereafter, a

fair ftate or account of their proceedings therein, with the names of the purchafers and

their fecurkies, the amount of fales, and all other matters reflecting or concerning the

fame; and the faid Houfe of Affembly, after having examined the faid ftate or account

(hall at the faid expiration of the faid one year allowed for bringing in certificates and

audited accounts in payment of one moiety of the faid purchafes, fet afide good bonds,

wjthlhe mortgages and other fecurities thereunto belonging,amoujfuing(clear of all deduc

tions and payments) to the fum of one hundred and eight thoufand, eight hundred and one hundred & l,,ixty-rurjerpo3 undis, nr xteen mn i-lili-ings and11i-ixpence Inte.rih- ng, to anlr werithr e uippolredi quo-.cjijgdllli^t TMthomd!:?i!n1d

ta appertaining to this ftate, of the national debt ; and the faid bonds fo let afide fhall i^',ivWc"

remain as a fund fubject to inereafe ordecreafe according as the faid quota fhall, on Se"c,sj' ap,

a fair adjuftment by congrefs, be found ,to augment or fink from the prefent fuppo- 'Sllr^wk*

fed quantum, butfubjeft to no alteration on any other account whatsoever; and the^uof'l,'!'*

jntpreft money thereafter ari(ing :from the faid bonds fo fet afide fhall.be annually an{pi3Uoiui '!*t)|!'

regularly cpllefted-in gold or filyer coin, and nothing elfe and fo much thereof as may

94

CONFISCATION AND AMERCEMENT.

be neccffary fhall be annually and regularly remitted, under the direction of the hon'

orable the governor and council, to the continental treafury, in payment of the inter

eft money of the quota appertaining to this ftate of the continental debt.

10. And whereas a fum lying at intereft iu this ftatc, equal to what fhall be found

Thi interest to to be our continental quota, will from the difference of intereft between the one

mitTed"otL-e" and the other, annually leave a considerable balance of the intereft in our favor: Be

treasm-y!'1 it thcrcfofe ciiaBed by the authority ajorejaid, That this'difference or balance fhall be

appropriated to'annually carried to the credit of a feparate fund, and, after taking thereout the

the payment of
i'renhtCa'nddo- nece^alT

cnarge f

remi tting

the annual intereft

of

the

continental qu- oO ta,

t. he

*
reftdue

KiwticdcM. {h ali be let out at intereft by the treafurer on good perfonal fecurity from year to year,

and the fame, with the accumulating intereft thereof, ib.aU be confidered as appro

priated towards the difcharging our quota of the principal fums of one million and

an half of livres, (being the one-twelfth part of the French debt) which became due

in four years after a peace; and of one million more of livres (being the tenth part

of the Dutch debt) which became due on the fifth day of November, in the year

of our Lord one thoufand feven hundred and eighty-feven, and our quota of the

domeftic debt, whatever the fame may be.

11. And I<e it further enabled by the authority aforefaid, That after taking out

and appropriating good bonds, with the other fecurities thereunto belonging as afore-

faid, whereon fhall remain due one hundred and eight thoufand, eight hundred and v

Remaining eighty-nine pounds, fixteen fhillings and fixpence, from the amount fales of confif-

proprWi'fo'r cated property, all and fingular the reft and refidue of the bonds, mortgages and other

the redemption
drebtht,e&fCun. ded

.,

. l. *

' ..



., .

mfe.ecus rtih. tieens,, drueem, aainndi,ntgoognrowaccdo1uuen1tthoefretohne,

.- .

_

,,

'

i i

famnleaislll,ofancdoinfth1ifecaftr-aemd eparorepehi retrye,b1 ywidt1he1ctlahreedm1 too-

be a fund appropriated to the fecurity and redemption of the intended funded debt,

before mentioned, with the intereft thereof.

12. And be it further enaded by the authority aforejaid, That in cafe it fhall be

found at the expiration of the faid one year allowed for bringing in certificates and

audited accounts as aforefaid, that there will not be fufficient remaining of the amount

vnioc.ited fales of cofifcated property (after taking thereout the fum of one hundred and eight

/iedgedr for:any/tHoufand, eight hundred and eighty-nine pounds, fixteen /hilling and fixpence, as

S?ilHvmS't'^e^ore metu 'onecU to Pav ff tne annual intereft of the funded debt, and ultimately

debt.

to fink the principal thereof, that then, and in fuch cafe, provifion, by the. appro

priation of a body not exceeding two hundred thoufand acres of unlocated lands, or

by taxes or otherwife, fhall be immediately thereaff er made, to fupport the deficiency,

10 as to give a liability to the certificates to be iffaed in the form before mentioned,

and to fecure the holders thereof in the punQual payment of the intereft annually, and

the principal ultimately, of their faid certificates.

13. And be it further enabled by the authority aforefaid, That all and fingular the

other debts due and owing to the public, and contracted fince the faid firft day of

January, in the year of our Lord one thoufand feven hundred and eighty-two, on

coMraaed01"3 any account whatfoever, except for confiscated property, fhall be held and confi-

i'V^oTf dered, and the fame are hereby declared* to be due and owing, and payable in

^ril^0nldor gold and filver coin, and nothing elfe.

14. And whereas there are many demands made againft the faid confifcated ef-

tates for monies due and owing, or faid to be due and owing, by the feveral and

refpeftive former proprietors thereof, and fuits are daily brought for recovery of

" demands under the faid aB of confiscation, which faid fuits are attended with

cfts to the public, Be it therefore matted, by the authority afore,faid: That from

CONFISCATION AND AMERCEMENT.

and after the palling of this aft, it fhall not be lawful for any perfon or perfons

whatfocver, to fue or implead the public, or ftate, as fuch, in any court of law or

juftice within the fame (except in cafes herein after mentioned) and all aftions

hereby brought, or now depending, of that nature, fhall, and the fame are hereby

declared to be difcontinued, Provided, judgments fhall not already have paffed there

upon agreeable to the terms of the confifcation aft; and the feveral perfons herein

after named, that is to fay, James Cochran, Edward Davis, Benj amin Andrew, c ommissioners

Charles Odingfells and Lachlan M'lntofh, efqrs. fhall, and they are hereby de- *j*TM*A ~

clared to be a board of commiffioners for receiving, hearing and finally determining gvcVtmcat

all arid fingular the claims of any perfon or perfons whatfoever againft the faid con- due, le 'imou

fifcated eftates, or any of them, for monies due and owing, or faid to be due and

owing, from the faid former proprietors thereof, or any of them; and the faid com-

miffioners, or a majority of them, fhall have full power and authority to hear and

finally adjudge the caufe of any perfon or perfons whatfoever fo brought before

them, and to fettle fuch mode of proceeding thereon in the moft expeditious and

fummary manner as to them, or a majority of them, fhall appear moft eligible and

juft; and in all and every cafe the faid commiffioners, or a.majority of them, fhall

give a certificate, under the hand of the prefident of the faid board, to the refpeftive

claimants, of what appears to be due and owing to them refpeftively on a determi

nation of their faid caufe or'caufes, which faid certificate the faid claimants fhall car

ry to his honor the governor, and having exchanged the fame for his certificate in wh;cl, afeto

form aforefaid made, the faid laft mentioned certificate ftiall ftand upon the footing f0erethe'gofem-

of any other certificate of the like form in payment of confifcated property, or as ors'

a funded debt againft the ftate; and the faid claimants refpeftively (hall pay and ad

vance to the clerk of the faid board, at the time of entering his or her claim, thef^;* 0^^,,.

following fees for cofts thereon, that is to fay : for any claim not exceeding the ftim

of fifty pounds, two fhillings and four pence; for every claim exceeding fifty pounds,

and not exceeding one hundred pounds, four fhillings and eight pence; for any

claim exceeding one hundred pounds, the fum of feven fhillings; which faid fees

fhall be included in the certificate to be given on the determination of the caufe, and

fhall be in full of all cofts on the fame: Provided neverthe/efs, That no certificate {^"j^^fSi

from the faid board fliail be given until after the fales of the confifcated property ^^^J^

fhall be completed, and that then the faid commiffioners mail take care that the cer- {^""vcrefts-

tificates of demands againft any eftate do not exceed, together with the judgments t'ltcs-

already paffed againft fuch eftate, the amount fales of the fame; and at the time the

faid commiffioners ftiall give fuch certificates, in cafe they find any particular eftate

infolvent, they fhall make each creditor abate in proportion to his or her demand,

fo as to admit them all into an equal compofition, without giving any preference to

judgments, or making any diftinftion between debts of a'different nature or date:

Provided alfo, That nothing herein contained fhall extend, or be conftrued to extend, ft;*^"1!,"*'

to deprive other real

the courts or perfonal

of law eftate

o f their mall be

jiurifdiflion in cafes brought in queftion,

of or

where the titles of land to give the cognizance

or of

nceorttaainneccatcseus.

the fame to the prefent or any other board of commiffioners, but that, in all and every

fuch cafe fhall ftand upon the fame footing, and be tried in manner pointed out and

direfted in and by the faid confifcation aft : and when it fhall happen that any doubts AuditCT to re_

mall arifewith the auditor on any claim againft this ftate, of any nature whatfoever. fSto'tK'to";

the faid auditor fhall, and he is hereby required to lay the fame before the faid board S'tS.'16""'"1

of commiffionersj who fhall lay down fome fixed principle of equal juftice between

96

CONFISCATION AND AMRCEMEMT.

the ft ate and each claiming individual, and judge and finally decide on the fame, frorii

whom there fhall be no appeal.

i|-y*,,cmtof 15. And b'e it further tn&tted by the authority aforefaid^. That all legal cofts already
V'JstS
incurred in and upon any action or fuit brought under the faid confifcation aft, Ihall

follow the event of the caufe when the fame Ihall be tried before the board of com

miffioners as aforefaid, and in cafe of lenience or judgment for the plaintiff or plain -

.tiffs, the laid colls fliall be included in the certificate to be given him, her or them by

the prefidenf of the faid board

i- 16- And be it further (.natted by the authority aforefaid, That where certificates for

c. provifions or other ncceffaries for the army have been given by commiffaries and other

*c v toTc""id officers duly authorized, the perfon or . perfons poffeffing fi'ich certificate or certili-

iirard:, tsncKnf. catcs, Ihall lay the fame before the board- aforementioned, who fhallin like manner

rmm >uH?d? Jinally decide and determine the fame; and that, no -fuit or -fails at law fliall -be

, oamc. brought ag'ainft Inch officer or officers for or on account of fuch certificate or certifi

cates, unlefs it (hall appear to the board that the fame .was or were given improperly }

or the articles improperly applied.

hirtiiei-time J 7 Andwhercas, in and by the faid confifcation aftj it is enafted and declared,

"t^c'c'uhmTM" that no demands Ihall- be received againll the feveral eftates therein confifcated from

7SttaT and after the fourth day of May then next enfuing, but now la 11 paft, Be it therefore

further enabled by the authoriy aforcfaicl, That the laid term for making claims of

monies, due or faid to be due from the feveral pecfons narhed or comprehended in

the faid confifcation aft, on any account whatfoever, before the* board of commiffion-

ers before named, mall be enlarged and prolonged, and the fame is hereby declared

to be enlarged and prolonged to one year from and after the palling of this aft, and

fuch claims made before the faid board within the faid one year fliall be held and con-

iidered as much within time as if they had been made at any time before the faid fourth

day of May laft palled; and all accounts which fliall be hereafter duly audited at any

time within one year from and after the palling of this aft, mail be held and confider-

ed as good and upon the fame footing as accounts already audited, and as coming

within the purview and intention of this aft,

cMmmueioncti. iB. A ud be itfurther enabled by the Authority afdrrfaid, That Charles Odingfells,

S^'compen. HughLawfon, and Abraham Ravolt, mail be, and they are hereby appointed corn-

8Stlo"- m'iffioners of confifcated eftates, and veiled with full power and authority to do and

perform every aft and thing that the aforefaid commiffioners of confifcated eftates

were authorized to do, or that fhall be neceffary to be done under this aft, and that they

be allowed at the rate of one per cent, in lieu of all charges; and in cafe of the death,

refignation 5 or refufal to aft, of the laid commiffioners or any of them, or of the com-

GoTnortottii Hiillioners of claims before named, or any of them, his honor the governor and exe^

vancie. -cutive council Ihall fill up fuch vacancy by the appointment of another commiffion-

er, or other commiffioners, in the room of him or them fo denying, refuling, to aft,

or refigning ; and the faid commiffioners of confifcated eftates now appointed, or

hereafter to be appointed, (hall in all refpefts comply with the terms which were re

quired of the commiffioners under the confifcation aft) at the time of their appoint

ment.

Go.empr und * And. bf it further enaffsd by the authority aforefaid, That his honor the gov-

Satiusto tiie ernor and the executive council, Ihall have power and authority to direft the commif->

tjjtoauucfifiit*er"- "'

lioners to t

of j]e

cj-o-anj^fiefcfj.aatteed^

eftates, to t[ie

to difpofe of any property, real or perfonal, appertainamoun t of any furn not exceeding two thoufand pounds

fterling, at fuch tiuie and periods of payments as the executive department may deem-

CONFISCATION AND. AMERCEMENT,

mod conducive to the intereft of the ftate, for the exprefs purpofe of making good

the engagements entered into by virtue of certain refolutions to that eftecl, and for

the more immediate emergencies of the ftate.

20.

And be it further enabled, by the authority aforefaid,

That

the accounts of the

of

Liquidated P 1"* counts of O^'ST

:

ficers

and

foldiers

of the

Georgia

line,

(liquidated, by

the

proper

officers

and

certified

cera, &c of the' Georgia line,

by

the financier, that fuch

account,

or accounts,

will

entitle

us

to

immediate

difcounr

received as spe cie, with twelve

from,

our

continental

quota,

or

the

intereft

thereof,)

mail' be

received

as

fpecie

for

pur-

->i.id ,111 half per cent for

prompt pay

chafes made at the confiscated fales, and adifcount of twelve and a half per cent, al ment.

lowed, thereon for prompt payment, Provided fuch accounts are brought in and de If broughtia

ducted within twelve months^ifter paffing this aci.

within twelve" months.

21.

And

whereas

the feveral regulations

contained

in

this

act

may

be

repugnant

to, Certain parts of the aft of con*

or may

interfere

or

clam .with

certain claufes or

parts

of the

act of confifcation

before

fiscation pealed*

re*

mentioned, Be, ii therefore further enabled by the authority a/orefaid, That all and eve

ry fuch claufe or parts of claufes, or other matter or thing mentioned or contained in

the {aid act of confifcation, repugnant to, or which fliall clafh or interfere with the

feveral regulations mentioned or contained in this act, fhal!, and the fame is, and are

hereby repealed and done away ; but all and every other part or claufe of the faid

confifcation act (not repugnant to the regulations herein contained) now offeree mall

be, and the fame is hereby declared to be in full force and virtue.

22. And be it further enacted by the 'authority aforefaid, That this acl fliall be deem Public a&

ed a public aft, and judicially taken notice of as

fuch in

all

courts within this

ftate

;

Geneml issue to be plead.

and any perfon or perfons whatfoever fued or irnpleaded for any matter or thing done.

under or in confequence thereof, fliall plead the general iffue, and having given the

fpecial matter in evidence, the court and jury fliall confider fuch perfon or perfons

fufliciently indemnified in fo far as he or they has or haveafted agreeably to the terms

and direclionsof this or the confifcation acl, or in purfuance of their duty thereunder.

WILLIAM GIBBONS, Speaker,

Augufta, July 29, 1783.

.A'/i att to point out the mode under which property reverting to theflateJJiall be difpo-

...

fed of.

'

- ' ,

B E it. enabled by the Senate and Houfe of Reprefentatives of the /late of Georgia in Mortgaged pre

General Affembly met, and by the-authority of the fame,

That in all cafes where

a mises foreclo sed on tlie part

foreclofure of any mortgage has been, or fliall be complete, wherein the governor for of the state. .

the time being, on the part or behalf of this ftate fliall be the plaintiff, and the equity

of redemption fhall thereupon be foreclofed, that theeftate fo mortgaged fliall be fub-

jecl to a future fale on the following terms, and conditions, that is to fay; that the

iheriff of the refpeclive counties, wherein fuch property fliall be, having given a Subject to sale

full and perfefcVdefcription thereof,

fliall

immediately

after

being

notified

in

writing

by

on certain e.'fdi lions.

the attorney or folicitor general, that the proceedings on the bill of foreclofure are

ended, and that the defendant or defendants, are by law precluded from the right of

redemption, of the premifes, advertife the fame for fale in both the gazettes of Savan To he adycrt'f*

nah

and

Augufta,

at

leaft

three

months

before

the

day

of

fale,

having

due

regard

that

seti three months.

the fale in one county, fliall not interfere with the fales of another, for which purpofe

.

N



: '.

98

CONFtSCAf ION AND AMRCMENT.

the executive fhall appoint the time in each county when the fales fli-all commence*

and that the conditions of the fales to be made as aforefaid, mall be on the following

Sr?nyc^aai;"n- termsJ 'tnat *s to fav> on a C1"edit of five years,, in equal annual payments^ the purcha-

c"ghtpper"rtnt!' fe'r fir'ft giving a mortgage on the premiles for the payment of the principal in annual

wifhamDrf-. inftalments, and good and fufficient perfonal fecurity for the annual intereft at and af-

mlcs0a'ndsecrt-ter the fate of eight per centum which fhall accrue, as well upon the film annually due

tSfr the "" as alfo the intereft on the remainder money : the bonds to be taken fhall be made pay

able to the governor for the time being, and the fuccellars in office, in the following

wi^shaiibe denominations of public fecurities, that is to fay, governors, prefidents or fpeaker's war-

i^y^nl1* rants, audited or funded certificatesj the prefent or any former treafurer's certificates

(except Wade and O'Brien, and Seth John Cuthbert's, whole accounts remain unfet-

tled) the paper medium of this ft ate, iffiied the third day of Auguft one thoufand fe-

ve'n hundred and eighty-fix, or in gold or filver.

S,,heri.f,,f's co,,m,- 2. And b. e it J'further enatted* That the fh. eriffs of tht e feveral counties,7 fhall be al-pcnsation. fowed, at the rate of one per centum on the value of property, which he or they fhall

fell, under and by virtue of this aQ, which conamiffioners as afo're'faid, fhall be in full

Bcmdstakento Gompehfatioo for all charges, duties, and fervices herein required, and the bonds and

treasury. c mortgages fo taken by the fheriffs fhall immediately thereafter be tfanfmitted to the

treasurer, who mall give a receipt for the fame, defcribing as fully as may be, a parti

cular account of the feveral bonds and mortgages.

sheriffray a>> . And in cafe where the fheriff of any county is not fufficiently informed of the

abnmdmqdu"arinetity of qT uant.-ity/ or num, ber of acres,7 which any/ tra,ft or trafts of land fub**ieft

to

fale by this. ,*,

tarcareilsb;ynarnuyle of aK' fhall contain or th.e boundaries of any/ fuch. lands,' he fhall apt pfly; to th. e fu1perior

survey. court, and upon {hewing cauie to the iatisraction or the court may, obtain a rule o.t

furvey, on fuch conditions as the court fhall direcl; and fhall after the fale of fuch

land, file the furvey of record in the clerk's office of the fuperior court, and that the

Eapenceofsiir-expence of filth furveys fhall be I'aid before the judge of the fuperior court, and upon

.crtaincd and being approved of, the fame fhall be allowed out of the fpecie part of fales.

Aitorncyor 4- And it fhall be the duty of the attorney or folicitor general to furnifh the fherirTs-

rauctofimi1n of the refpeflive counties with a form of a bond, which will enable the governor for the

wiHuheform time being to obtain judgment on the whole money due on fuch bond, on failure of

e/a bond, &c p ay rnent of either of the inftalments, but that execution fhall iffue only for fuch in-

ilalments as they become cine; which form of a bond lhall govern fuch flieriffs in the

performing the duties required by this aft.

TWO and an 5-. And be it further enacted, Thatthe p'circhafcr fhall pay two and an half p'er centurn..

in Specie on ail purchafes made un'der this aei; Provided this fli'all not extend to af-

feGt any purchafe or purchafes which may be made under and by virtue of thi's a't't

for academy ufes from which payment:, the fheriffs performing the duties herein fe-

dncuiicir com- quired,, fhall or may deduct his commiflion of one per centum as full cotnpeniation for

making, out and executing title's, and for all charges: ex-pence's and fervices fo required1, 1

and pay the arid the balance of fuch fpecie payment, the fheriif fhall pay into the tfeafury withM

li;'catreaSy'-ihGns'inorith'after the ikle; arid fn cafe where the purchafcrs fhall not comply with A'e

terMTe'slae.^ conditions of the fale-, the fheriff fhall order the'property to be re-fold, firlt fubjectiirg the

no" co-.Spictcd, purch a fer at the firit fale to make up the deficiency which may arii'c at fuch Icco'hd tale.-

rS'd.^ ' 6. And be it further ena'ff.ed, That in cales whcrehi lailds or Other property lhall

.ccretecipr'o- be fecrcted from the fheriff, any citizen who fhall difcover and make the f'aihe kriowi),

rucnr'tiyM, rtoaihnaev''e ^ ,.

i. ni,,ormer ihalnt receive ten per centum out'or, thi e net amount orr lruC \h

iales, and fuch property fo difcovcred, fhall be fold and difpofcd of under the like

terms as is herein pointed out for the fale of property fo as aforefaid foreclofed,.

CONFISCATION A^p AME

, 1. 4ni tpkertys. by feyeral refolutioas, and aQs of the legiflatur-c, thf? fevgr.al cp,i.UV

tjqs in this ftate were epdtled to. receive put pf the confifeated property, the. flnn of one thoufand pound? each, for the? encouragement of public fchools,, but (h.at fev.erF.il'

of the counties fo entitled have npt received fuch donation: BeU: therefore cnatted, Each cou

That each and every county ill this ftate, which has PQt received fuc,h donation, the r"rch"re

commiffioners of the public academy of fuch county (or their agents to be by them ' Tlegalllly appoi ntedi)\ Ibe at VliIberty to purcn1 alre at any {ral: es' ''oAt CQiurnreajte'&d--p->r?qpg'rfy;in.?ten d>ed les,f fkov~

by this aft, the fum of one thoufand pounds, Provided, That in cafes where fuch

county has received any part or portion of inch donation, that fuch fum fo received

fhall be deducted, and the purchafs fhall be admitted only for the balance.

8.

Adnady''

whereas the General Affembly did of December, one thoufand (even

by their hundred

joint refolution and ninetyrona,

of the fourdeclare that

*R*1i'' ts,m

all original purchafers of conflicted property, or their heirs, executors or adminif-

trators, may within three months after the date of fuch refolution fignify to the trea-

iurer how they wi(h the monies fo paid in by them to be applied, whether jji dif-

charge of the principal or intereft bond, which refolutions require the further ienic

of the legiflature : he it snaffled, That no transfer of payment fhall be had or ad

mitted from the principal bond to the intereft, in asiy cafe wherein the purcliafer

or pvirehafers, or their reprefentatives, had made fale of fueh property, but that

payments made on the principal bond in. fuch cafes (hall be coniidered as payment

thereon only, and that the faid refolutions did not extend to the injury of fair pureha-

fers under the ftate title, but only as a relief to perfons holding .their purchafep ia

their own right.

o. And be it further enaSlecL That the commirfioners of Louifvillebe authorized and cnmii<mtw empoweredi , t o- purchi aire property at thi e ifalies ar/orein'ai di , to thi e amount orr- two thl ou-r 'of'lSoi^mtwvilloc*-

fand pounds, for the purpofe of carrying on, and completing the ftate houfe at Lou- p'S'^t t!l,

ifville, on the fame terms as die commifnoners of the academies of the refpective Smpkre tL

counties,

.

SWMWB?;..

10. And whereas there are debts due by citizens of this ftate to perfons named in

the aft of confifcation and banifhment aforementioned, which, by the faid aft became

the property of the ftate, but no mode was therein pointed out for their difcharge ; <:"*

Be it further enaSled, That the citizens fo indebted to perfons named as aforefaid, mall toth^treMuy,

beat liberty, for and during the term of one year from and after the paffing this aft, ^v<i fp r?

to pay the/fame into the public treafury of the ftate, in any paper em-i-flion or public

feeurities thereof (except O'Brien and Wade's or Seth John Cuthbert's certificates);

and the treafurer is hereby authorized to receive the fame on oath, and to grant full Treasure? t

acquittance or difcharge therefor j and after that period any perfon who was a citizen ^TMcj"n^*

of the United States on the eleventh day of July, one thoufand feven hundred and charges.

eighty-two, to whom perfons named in the aft of confifcation were indebted, fhall Regulations foranVd>, mJ ay l'ue out andi pro>leeute ,hi,s or iher-attac,hment agai nirt, ' thi e perlron o' r perli-ons agtjt1a^chmpen^ts1TMa-

fo named on the faid aft, and thereby attach the goods and chattels of fuch confif- confiscation.

cated and baniflied perfon, which belonged to him or them, on the aforefaid ele

venth day of July, one thoufand feven hundred and eighty-two, in the hands of any

perfon or perfons whomfo'ever, in like manner as attachments now iflue, and the

perfon or perfons to whom copies of the attachment may be ferved ihall, be bound

to appear and anfwer as is the cuftomary mode in the courts of this ftate : Provided, m JL ihat nothi i ng iherein containedi inhalili lbe confntruedi to extendl to grant any power to-JjRTMei^tTMrifl-ioa,

attach real eftate: And provided, That where perfonal property mall be fo attached, ^"d'intoiL

twenty per cent, fh. all be paid into the public treafury out of the amount of every *tr^le3uryofthe

8

' ' '.. CONFISCATION AND AMERCEMENT;

attachment To iffued and profecuted to judgment: And presided alfo, That nothing

herein contained fhafl extend to authorize an attachment of any property that may

have been difpofed of by donation or fale by the public of the ftate.

/

'

WILLIAM 'GIBBONS, Speaker of the Houfe of Reprefenlatiyes*

'.;..,'..-' BENJAMIN TALIAFERRO, Prefident of the Senate.

.

Concurred December 20, 1792.

EDWARD TELFAIR, Governor.

An aEl to amend an aft, pointing out the mode under which property reverting to thisjl'ate,

. yfhallbe di*fj pi. oJfeid o,jf.

'

-i. "O.E..IT ENACTED by the Senate and Houfe of Reprefenlatives of the flate

f JL3 of .Georgia in General Ajfenibly met, and by the authority of the fame, That

b anbjea ttohebe- in all cafes where a foreclofure of any mortgage has been or (hall be complete, wherein

sraimiHionras, j^g. governor for the time being, on the part and behalf of this ftate, {hall be plaintiff,

and the equity of redemption mall thereupon be foreclofed, that the eftate fo mort

gaged fhall be fubjecl; to a future fale on the following terms and conditions: that is to

lay, That the commiffioners hereby appointed, having given a full and perfect de-

icription of fuch property as may be in the refpeclive counties, ftiall, immediately af-

. ler .being notified in writing by the attorney or folicitor general that the proceedings

on the bill of foreclofure are ended, and that the defendant or defendants are by law

.precluded of the right of redemption of the premifes, advertife the fame for fale in

s?,ies to be at' both the gazettes of Savannah and Augufta, at leaft three months before the day of

AugTOta" 81 ^ fa!e, which fales fhall beat Savannah and Augufta; and that the conditions of the

conditions-- [ales to be fo made as aforefaid, fhall be on the following terms: that is to fay, on a yCeraerdsi,tmof ffiivvee' cred,i.t orn f,,ive years i. n equal, annual. payments, th, e purch\ar ieir -hTn lt - gi- ving a mortgage

m rn!i'flEih'' on the premifes for the payment .of the principal in annual inftalments, and good and

teret. fufficient perfonal fecurity for the annual intereft, at and after the rate of eight per

centum, which {hall accrue as well upon the fum annually due as alfo the intereft on

what to he re-the remainder money: the bonds to betaken fhall be made payable to the governor

-:L

Sent'. mllsy for the time being, and his fucceffors in office, in the following denominations of pub-

,'']

lie fecurities: that is to fay, governor's, prefident's or fpeaker's warrants, audited or

funded certificates, the prefent or any former treafurer's certificates (except Wade's,

O'Brien's and Seth John Cuthbert's, whofe accounts remain unfettled), the paper

medium of this ftate, iffued the third day of Auguft, one thoufand feven hundred

and eighty-fix, or in gold or filver: Provided neverthelefs, That nothing herein con-

-tained fhall tend to prevent any purchafer or purchafers from paying immediately the-

whole amount of his, her or their purchafe money, or any part or parcel theieof,

at any time or times before the fame fiiall become due.

commissioners 2. And be it further enaSled^ That the commiffioners fhall be allowed at the rate of

per"cciitnc one per centum on the value of property which they mall fell, under and by virtue of

, ,, this act, which commiffions fhall be in full compenfation for all charges, duties., and BSon\dsrse, s&"ccr.erto iervices' herei.n required; and th1e 1 bo1 nds andi mortgages to be taki enibyithe comim mit- on-

ers, fhall immediately thereafter be tranfmitted to thetreafurer who {hall give a receipt

for the fame, defcribing as full as may be, a particular account of the feveral bonds and :

mortgages; and in cafes where the coiprnj^qners are not fufficiently informed of the ' ^

CONFISCATION AND AMERCEMENT/ -

icu

quantity 'or-number of acres, which any tract or tracts of land (abject to fale by this

act, Hi all contain, or the boundaries of any fuch lands, they {hall apply to the fuperior superiorcnnrt.

court, and upon fhewing caufe to the fatisfaction of the court, may obtain a rule of far- %^y!TM'"

vey on fuch conditions as the court {hall direct; and {hall, after the {ale of fuch land,

Ale the furvey of yccord in the clerk's office of the fuperior court, and that theexpences

of fuch furveys-mall be laid before the judge of the fuperior court, and upon being

approved of by the fame, mall be allowed out of the fpecie part of the {ales. And it Attorney or>-

fhali be the duty of the attorney or folicitor general, to furnim the commiffioners tofurSSe . wi thi ' a tr*orlii oly* a ibondT , wihi chi w' i-litl enab11le thi e governor tror thi e time ibei* ng, to obi tain wcoimthmtihsesifoonremr*

judgment on the whole money due on fuch bond, on failure of payment of either of

the iaflalraents; but that executions ihall iffue only "for.fuch inflalments as they be

come due '; which form of a bond (hall govern fuch'eommillioners in performing the

duties required by this act.

.-

...

3. And be itfurther enaEled, That the purchaser {hall pay two and one half per cent. Thc PurchMOT

in fpecie on all purebates made under this act, from which payment the commiffion- a%Yfj^TM'*

ers {hall or may deduct their commiffion of one per centum, which fliall be in full com- cf".tmi"oT~

penfation for making out and executing titles, and for all charges, expcnces and fer-misddnefs"TM"

vices fo required, and the balaifce of fuch fpecie payment the commiffioners {hall pay thebapaHce"t"d

into the treafury within three months after the day of {ale, Provided, nevertheless. tii<=.treasury in.

1m hi at th1is-1 claulreinhal1l1

not

ex.tendi

to

afrrreet

lT andis

purchi alcedi
r

undi er

andi

iby vi rtue' /

orr- thi is 1tm'ii-rccehams<on"thsr acr.demies, cx

act lor academy tires'.



, s ne!;Lec! i'oin

4. Be. it further enabled by (Ac authority aforefaid. That the cornmimoners of commiionec&.

Louifville be, and they are hereby authorized and empowered to purchafe to the cmpwcruo

amount of two thoufand pounds of laid property, for the purpofe of effecting the KinfofVwo

contract entered into by the faid commiffioners for completing the building of the'piurE'1 '" '

{late houfe, on the fame .terms as the commiffioners of feveral academies in this Rate,

who are authorized to purchafe at the fales aforefaid; and in cafe where the purcha-

fers mail not comply with the conditions of the fales, the commiffioners mall order Termsofsaie

the property to be re-fold, firft fubjechng the purchaser at the firft fale, to make up the %TM*^y

deficiency which nvay arile at fuch fecond fale.

toere-bod.

5. And be. it further enatted, That three fit and difcreet perfbns fliall be appointed Threecommv

commifiioners to carry this aft into effeft,one of whom mall refide in each of the feve- tedni'rsawc"lv

ral divifions of this ftate, v/hich divifions mail be agreeable to the militia law thereof,

6. And be itfurther enabled, That the faid commiffioners, previous to their entering Must gire bond

on the execution of their appointment, fliall federally give bond, and fufficient fecurity %^"n%-^

to his excellency the governor, in the fum of ten thoufand pounds each, ccMidi-JSuii^eS1

tioned refpeftively, for the true and faithful exercife and difcharge of the truft repofed

in them by this acl, which bond fhall be lodged in the hands of the public treafurer

of this ftate.

'

7. And be it enabled. That in cafes wherein lands or other property {hall be fe- persons disco-

creted from 1 the comaiiffionen;, any citizen who fliall difcover and make the fame pTMpty"o c k1 nown, tnl at i(ucnI i nfrormer mn ailirl ec- eive ten per centum out orr tihe irpec-r e amount ofi- TMJ'Y,'^ntethnepser'

fuch fales; and fuch property, fo di(covered mall be"fold and difpofed of under the

like terms as is herein pointed out for the fale of property -fo as aforefaid foreclofed.

8. And'whereas, by feveral refblutions and acls of the legidature,- the fevera 1%%%.

counties in this. Rate now entitled to receive out of the confifcated property, the mormtofoL'1"

fum of one thoufand pounds each, for the encouragement of public fchools, but ^"S'&r^

that feveral of the counties' fo entitled, have not received fuch donations: Be it there- ^'J^;,^,.

fore enacted^ That each and every county within this ftate, which have not received rccdvedTM!7

GMFJSATIQN

ftjch 4ona.tiorv, jthe coninwfTianers of the public aca-dgtny of fuch county, qr their agents, to he by them legally appointed,, be. at liberty to purchafe at any fa.les of confiicated 'property intended by this a| 5! the ftun of one thoufand pounds:, 'provided^ Thai in cafes where fuch county hath received any part, or porti.pi). of fuch donation, that- fuch Cam, fo received, ihajj be dedxifted, and the purchafe fliall be admitted only

lor the balance.

" 9:< And whereas a number of perfons have pwcha-fed- eonfifcated property, which

ha-s not been paid for: Be it .therefor& enaQe,d,, , ; That fix mquths after the date? hereof,

be all-owed for the payment of any fums which ajay be due, with cpfts of .fujt, where.

a foiTeclofure of the mortgage has taken piae&j and the cpjcnrniflioners to be appointed

wader and by virtue of this aft,, are hereby djrejEied and required to make titles for

^l*c^ property after payment as aforefaid. Presided, That this (hall not extend to

mrani'snot ztt'eQ. any purchafe where one half of the amount thereof has not been paid.

jxrcnpaM.

1O- Whereas, it is indifpenlibly neceifary that the p-udtanding debt of this ftate

flipuld be afcertained, as well to form a proper check upon the papers thereof as to

roake an adequate provifion for their redemption; And whereas many counterfeit

certificates and other liquidated claims againft this, ftate have been difcovered, which

fo nearly comport with, the genuine papers of the fame clefcriptiqn as with difficulty

to he diftinguiflied even by the fignev thereof:. And whereas the papers of the ftate

heretoforeha^e been partially iHued, without a proper check to preferve the credit of

the lame, and to guard the intereft of the ftate, and the individual holders thereof:

for remedy whereof, i'utvw n' Be it therefore enatted) That his excellency the gpvernor, the prefident and l^te E^nftaue ^ditor, and the treafurer for the time being, be, and they are hereby conftituted, a d.cra. .board to take in and receive all liquidated claims ifl'ued by authority of this ftate (thofq
/ iffued by Wade and O'Brien, and Seth John Cuthbert, whofe accounts remain unfettled, excepted), and they and any two of them, the auditor being one, fhall, and they are hereby authorized and reqvnred to ifl'ue others in lieu thereof, with a proper check, purfuing as nearly as may be the plan and form of thofe iffued by the United States; and for fuch fervices the late auditor ihall be provided for by a future legif-

lature.

-Repealing

n. And Iis it further enaffed, That fp much of the above recited al, entitled

ci*u:. lt ^ n aQ. p0jntjng out ^g mo de under which property reverting tp the ftate fhali be

difpofed of," as militates with this aft, be and the fame is hereby repealed,

WILLIAM GIBBONS, Speaker of the Houfe of Repr-efentaii-ots.

BENJAMIN TALIAFERRO, Prefident of tlie Senate.

Concurred December 20, 1793.

GjEORGE MATHEWS, Governor.

An @$_fvr the t,a>.k>tfig th$ ,n$m.e of. William Stephens from and out of (fae tflfy of this ftqte, qnd.for refior-ing him to a,ll the rights^ privileges and. immunities of a free citizen,
i. "T \ THEREAS in and by the.connfcation law, pafled at Augufta on the fourth V V day of May, one thoufand feven hundred and eighty-two, for inflifitin^
penalties on and confifcating the eftates of fuch perfons as are therein declared guilty

CONFISCATION AND AMERCEMENT.
of trca'fbri, and for other pufpofes therein mentioned, the name of William Ste phens was therein included, and the perfoh of the {aid William Stephens was thereby attainted, and his property confifcated to and for the ufe of the laid ftate: And whereas, on the fifth day of Auguft laft paft, the legislature, considering maty good and iumcierit reafo.ns for their fo doing, did take from and without the conlifcatioh lav certain perfons therein named, and among others the faid William Stephens, and placed the faid perfons on t'he acl for amercing certain perfons therein named, and for other purpofes therein mentioned, paffed the day and year laft aforementioned, Whereby the property only of the faid perfons became affected, exclusive of incapa bility to ferve the ftate during the time therein laid down and fpecified: And whereas the conducl of the faid William Stephens lias been fuch as to merit the further atten tion of the good citizens'-of this ftate:
Be it therefore, enatted by the freemen of the. fate of Georgia, in General Affemlly met, and it is 'hereby enacted by and with the authority aforefaid, That, from and im mediately after the paffing of this acl, the faid William Stephens fhall be, and he hereby is fully and amply rcinftated in the full pofleffion of all and every right and rights, privileges, immunities and liberties -which a free citizen pofiibly can, may or .now does hold within the ftate of Georgia aforefaid,; any thing in the faid confutation and amercement laws to the contrary thereof contained notwithstanding,
2. And be it further cnaffled, That all paragraphs, fentences or words, 'mentioning, fpeaking of or concernin'g the faid William Stephens, in the faid laws, or cither of them, are hereby repealed and declared hull and void, and of no effect.
3. And be il further enatted, That this acl fhall be a public a'61,. and given as Rich in evidence.
By order of the Houfe, N. W. JONES, Speaker,
Savannah,' 8th February, 1783.

An net l:o repeal aft 'afl, eiitiih'd '" 'An-'aH JOY -irifl/iffing penalties OH, and confijeaiing

the e/lates of fuc/i perfons as are'therein lieclaf-ed-guilty oftrcafon, and for other pitr-

pofes therein mentione'd, fo 'far'as the fame'relates to the banifhmcnt of Simon Monroe.

1. Rendered obfolete by aft of 1797.

2. And be it further enaEtd^ That all and every part and parts of the faid acl rela

ting or belonging to the heirs, devifees and affigns of John Forbes, deceafed, be and is hereby repealed; and that all bonds for any part of the property fold of the faid

John Forbes be given up by the ireafurer to the heir or heirs.

By order-of the Houle,

Augufta, igth February, 1786.

WILLIAM GIBBONS, Speaker.

An acl, for taking certain'perfons out-of the'aff of conjifcaiidn arid b'ariifJmient, as far as

refpeSs the banif/iment of theficrfons therein nariied, ancl other furfofes therein men

tioned^

'

'i. \^7HEREA,S the legiflature.of this ; -ftate by an acl pafled the fourth day,of " .- V V May one thoufand feven hundred and eighty-two, at Augufta, entitled "An

104 v

.CONFISCATION AND AMERCEMENT.

aft for confifeating and banifhing certain perfons therein mentioned," did connfcate the eftate and banifh the perfon of Philip Delegal jun. alfo did confifcate, of John M'Donald, his heirs devifees and affigns.' And whereas the prefent legislature have agreed to take the laid Philip Delegal, and the heirs devifees and affigns of John M'Donald, out of the faid aft of confutation and banifhment, fo far as it refpefts the banifh ment of faid Philip Delegal, and the heirs, devifees and affigns of John M'Donalcl. Beit therefore enaSled by the reprejentatives of thefreemen of the Jlate of Georgia in General Afjembly met, and it is hereby enacled, by the authority of thefame. That Philip Dele gal, and the heirs, devifees and afligns of John M'Donald, be, and they are hereby feverally relieved, from the pains of the faid aft of confiscation and banifhment, fo far as refpefts the banifhment of the faid Philip Delegal, and the heirs, devifees and af figns of John M'Donald.
2. And be it further enacled by the authority aforefaid, That the property both real and perfonal of the faid Philip Delegal, and faid John M'Donald, his heirs, devifees and affigns, that has remained unfold by the commiffioners of confifcated eftates, un der the aft of confifcation and banii'hment, fhall be theirs to all intents and purpofes, any thing contained in the aft of confifcation and banifhment to the contrary not-
withftanding. 3. And be it further enacted^ That Thomas Gibbons, Patrick Crookfhanks and
Alexander''Spears, of the county of Chatham, efqrs. John Glynn, James Spalding, Thomas Young, Levy Sheftall, George Barnes and John Taylor, be and they are hereby admitted to all the rights and privileges of free citizens of this' ffate, any law to the contrary notwithstanding.
4. And be it further enacled by the authority aforefaid, That the aft of confifca tion and banifhment, fo far as relates to the banifhment of A.braham Mincey, John Corker, John Fox, and William Jones, be and the fame is hereby repealed.
5. And whereas there are debts due, and property which remain unfold, belong ing to theePate of Thomas Fleming, deceafed, and application'has been made to this houfe by Mary Fleming, widow of the faid Thomas Fleming, to veft fuch debts and property in her, Be it ena&ed by the authority aforefaid, That all debts due to the faid eftate, and property which remain unfold, ( be veiled in the faid Mary Fleming fortheufe of herfeli, her heirs and affigns forever.
By order of the Houfe, WILLIAM GIBBONS, Speaker,
Augufta, February 10, 1787.

An aBfor vejling certain property in Philip Hornby, in right of his wife, Henrietta

Hornby, formerly Henrietta Goldfmith, widow of Thomas Goldfmith^ deceafed^ aper-

fon named in the aft of conjifcation and banifJiment.

...

i. f IS 7HEREAS the faid Philip Hornby in the year one thoufand feven hundred V Y and eighty-three, by his petition preferred to the legislature of this ftate, pray
ed that his wife Henrietta,Hornby, formerly widow of Thomas Goldfmith, deceafed, who is named in the aft of confifcation and banifhment, might have fome fupport, from the eftate of the faid deceafed, and it appearing by the refoluticn of the Houfe of Affembly, one thoufand feven hundred and eighty-five, that ^ bill fiiould be paf~ fed vetting all the property formerly belonging to the faid Thomai^Goldfmithj which

\..\;.

CONFISCATION AND AMERCEMENT,

*o$

remains unfold by the commiffioners of confifcated e'ftates, in the faid Philip Hornby, he being anfwerable for all damages that may be brought againft the faid Thomas Goldfmith, and giving bond to his honor the governor, for the time being, in a fufficient fum indemnifying the ftate againfl all fuch demands.
Be.it therefore enabled by the reprefentatives of the freemen of the Jlate of Georgia, in General AJ/embly met, and'by the authority of thefame. That all the eftate real and perfonal of the faid Thomas Goldftnith, deceafed, that remains unfold by the commiffioners of .confifcated eftates, mall be, and the fame is hereby declared to be veiled in the laid Philip Hornby, to hold the fame to him, his heirs and affigns forever, any thing contained in the faid aft of confiscation to the contrary notwithftanding: Pro* vided always, and it is hereby declared, That the faid Philip Hornby fliall be, and is hereby made liable to anfwer for payment of all debts and damages that may be due by, or recoverable againft the eftate of the faid Thomas Goldftnith, and fo far as fuch eftate herein vetted fliall extend, and no further.
2. And be it further enatfad, That the faid Philip Hornby fliall, within twelve tnonths, give bond to his honor the governor for the time being, in fuch fum of money as may be fufficient to indemnify this( ftate againft all claims or demands againft the eftate of the faid Thomas Goldfmith, confifcated as aforefaid.
3. And be it further enabled, That this aft fliall be deemed and taken in law as a public aft, and as fuch received as evidence in any court in this ftate.
By order of the Houfe, WILLIAM GIBBONS, Speaker.
Augufta, loth February, 1787,

An aft for vejling the eftates, real and perfonal, unfold, of Henry Sharp and Matthew Moore, in the hands of their refpeffive children.
l.^CTS THERE AS in and by a certain aft of the legiflature, paffed and dated at V V Augufta on the fourth day of May, in the year of our Lord one thoufand
feven hundred and eighty-two, commonly called the confifcation aft, the property real and perfonal of the faid Henry Sharp and Matthew Moore, their heirs, devifees and affigns, was refpeftively confifcated to and for the ufe and benefit of the faid ftate: And whereas a part of the eftates of the faid Henry Sharp and Matthew Moore, remains unfold; Be it therefore ena&ed by the reprefentatives of the freemen of the Jlate of Georgia in General Affembly met, and by the authority of the fame, That from and immediately after the palling of this aft, the children of the faid Henry Sharp ,and Matthew Moore, refpeftively,^fliall be fully and abfolutely entitled to fhare, and ihare alike to all fuch parts of the eftates real and perfonal of the faid Henry Sharp and Matthew Moore, as have not already been fold under and by virtue of the faid aft of confifcation: Provided always, neverthelefs, That the guardian, truftee or at torney of fuch refpeftive children do and fliall give bond in the fecretary's office for -the payment of the due proportion of fuch debts as may appear againft the eftate of the faid Henry Sharp and Matthew Moore, their heirs, deviiees and affigns, and fuch property as remains unfold fliall, previoufly to their taking pofleffion, be valued by three freeholders qualified for that purpofe, and a certificate of fuch appraifement fliall be forwarded to the auditor, certified by a juftice of the peace.
By order of the Houfe,
WILLIAM GIBBONS, Speaker. Augufta, loth February, 1787.
O

io6

CONFISCATION AND AMERCEMENT.

An aB to vejl,certain property in. Anne Steward

i. *\\ 7HEREAS by an aft pafled the tenth day of February one thoufand feven VV hundred and eighty-feven, the property formerly belonging to Thomas
Goldfmith, jun, a perfon named in the aft of confifcation and banifhmeht, was vefted in Philip Hornby, who had married the widow of the faid Goldfmith. And whereas fome doubts have arifen about the extent and operation of the aforefaid aft, pafled the tenth day of February one thoufand feven hundred and eighty-feven. He it enabled, that the faid law fhall not be conftrued to extend to any reverfionary pro perty, or remainder of which the faid Goldfmith was not feized or poflefled, and of which he was debarred of being feized and poffefied by the aforefaid aft of confifcation and baniPnment.
2. And be it further enabled. That a certain property which was conveyed to Hannah Goldfmith, mother of the faid Thomas Goldfmith, during her life, and which would have reverted, or remained over to the faid Thomas Goldfmith, had he not been prevented from inheriting the faid reverfion or remainder by the aforefaid acl of con fifcation and banifhment, fhall veil and be forever fixed in Anne Stuart, daughter of Alexander Stuart, at the death of the faid Hannah Goldfmith.
By order of the Houfe, NATHAN BRQWNSON, Sf taker, February i 5 1788.

An aB to vejl certain property in Rachel Johnfton and her children.
i. T^[ 7HEREAS Rachel Johnfton, the widow of Jofeph Johnfton deceafed, a V V perfon named in the aft of confifcation and banifhment, hath applied to the
legiflature by petition, praying that the property of the faid Jofeph Johnfton, which remained unfold may be relinquiftied by the ftate, and given up to the faid Rachel Johnfton for the fupport of herfelf and children. And whereas the legiflature hath granted the petition of the aforefaid Rachel.
Be it therefore enabled by the Senate and houfe of reprefentatives of the Jlate of Geor gia in General AJfembly met, That all the property both real and perfonal, which re mains unfold by the commifiioners of confiscated eftates, which of right may appertain to the eftate of the faid Jofeph Johnfton deceafed, be, and the fame is,hereby declared to be relinquifhed and given up on the part of the ftate to the aforefaid Rachel John fton, for the fupport of herfelf and children; always fubjefling fuch eftate fo relin quifhed and given up, to the payment of all debts and dues, which may be due and owing from the fame.
SEABORN JONES, Speaker of the Houfe of Reprefentatiw^ NATHAN BROWNSON, Prejident of' the Senate. Concurred, December 8, 1789. EDWARD T.ELFAIR, Governor.

An aft for repealing certain farts of the aB of .confifcation and banifftment.
i. \ 7C 7TIEREAS the legiflature of this ftate, by an aft paffed thefourthday of May V V one thoufand feven hundred and eighty-two, at Augufta, entitled " An aft

CONFISCATION AND AMERCEMENT,

for confifcation and banifhing certain perfons therein mentioned," did confifcate tlw

property of Nathaniel Polhill, his heirs, devifees and affigns, and the property of Polhill Cormick, John Thomas, Peter Edwards, and James Butler, and did banifh

the faid perfons from this (late ; Be it enabled, That as far as the faid aft of confifca

tion refpefts Nathaniel Polhill, his heirs, devifees, and affigns, be and is hereby re

pealed.

,.

..'..-.

2. And be it further enatted by the authority aforefaid, '1 hat one half of the eftate

of Nathaniel Polhill, unfold by the comrniffioners of connicated property, be veiled

in Elizabeth Nowland, wido_w_of the faid NathanjeJ Polhill, and her heirs*

3. And be it further enabled, That the property of the faid John Thomas } \yhieh

remains unfold, be, and it is hereby vefted in; Elizabeth Sharp, the wife of John Sharp

jun, and the property of Paul M'Cormick, which remains unfold, be, and it is

hereby vefted in Frances M'Cormick and her heirs.

4. And be it further enaBed, That as far as the aforefaid aft of confifcation and

'banifliment, refpefting the banifhment of the aforefaid Peter Edwards, and James

Butler, James Jackfon, John Douglafs, William Corker, James Ingraham, Thomas

Waters and John Johnfon, be, and is hereby repealed.

February 1 5

By order of the Houfet NATHAN BROWNSON, Speaker.

An aft to repeal an aci entitled, " An aff for inflicling penalties on, and cvnfifeating the e/lates of fuck perfons as are therein declared guilty of treafon^ and for other purpofes therein mentioned,,' fo far as refpeEls the banifhment of Doctor Thomas Taylor$ Abfolom Wells) Cordy Sharp, Benjamin Fox, William Powel and John Johnfon,

E IT ENACTED by the Senate and Hoitfe of Refrefentatives of thejlate of I Georgia, in General Affembly met, That-the aft entitled, " An aft for inflict

ing penalties on, and confiscating the eftates of fuch perfons as are therein declared

guilty of treafon, and for other purpofes therein mentioned," paffed the fourth day

of May, one thoufand feven hundred and eighty-two, fo far as refpefts the banifli-

ment only of the perfons of the faid Doftor Thomas Taylor, Abfalom Wells, Cordy

Sharp, Benjamin Fox, William Powel and John Johnfon be, and the fame is hereby repealed*

WILLIAM GIBBONS, speaker.

NATHAN BROWNSON, Pre/dent of the Senate,

Concurred December 8, 1791.

EDWARD TELFAIR, Governor, -



' .-

An aft for the relief of the heirs and reprefentatives of Alexander Inglis deceafed*
i. "\ IS THEREAS the General Afiernbly of this ftate by their concurrent refolu^ V V tions, on the tenth day of December, one thoufand feven hundred and
ninety, did declare that the faid Alexander Inglis fhould be admitted to all the rights

'

CONFISCATION AND .AMERCEMENT,

of citizen (hip .in this ft ate, which Faid refolutions require an aft of the General Aftembly to carry them into effects And whereas the faid Alexander Inglis hath (ince de parted this life, and his heirs and' reprefentatives have not received the benefits in tended by the faid refolutions: Be it therefore enabled by-the Senate and Houfe of Reprefentatives of the ftate of Georgia in General Affembly met*, That all the eft ate, real and perfonal of the faid Alexander Inglis in this ftate, which he was enti tled to in law or equity, prior to the fourth day of May, in the year of our Lord one thoufand feven hundred and eighty-two, or at any time fince, except fuch as may have been fold by the commiffioners of eonfifcated eftates, be, and the fame is hereby vefted in the children of the faid Alexander Inglis, ftiare and fliare alike, in the fame manner, and under the fame rules of law, as if the faid Alexander Inglis had departed this life in the ftate of Georgia i'nteftate, and as if the faid Alexander Inglis had not been named, comprehended or included in the aforefaid aft of confif-
cation. 2. And be it further enaffed, That it mail and may be lawful for the executors ,of
the faid Alexander Inglis, or the guardians of the faid minors, children of the faid Alexander Inglis, to recover and receive the property of the aforefaid Alexander Inglis, intended to be herein and hereby vefted in the faid minors: the aft entitled, *' An aft for inflifting penalties on, and for coniifcating the eftates of fuch perfons as therein declared guilty of treafon, and for other purpofes therein mentioned," to the contrary thereof in any wife notwithftanding.
WILLIAM GIBBONS, Speaker of (he Houfe of Reprefentatives, BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 8, 1792. EDWARD TELFAIR, Governor.

An aft for the relief of John Furlowt one of the perfons named in the aH of confifcation and bani/hmeni,
1. \"\ 7HEREAS the legiflature of this ftate, by an aft pafled the fourth day of V V May, in the year of our Lord one thoufand feven hundred and eighty-two,
at Augufta, entitled, " An aft for inflifting penalties on, and confifcating the ef tates of fuch perfons as therein declared guilty of treafon, and for other purpofes therein mentioned," did confifcate the eftate of, and banifh the perfon of a cer tain John Furlow, then late of the county of Richmond: Be it enabled, by the Senate and Houfe of Reprefentatives of Georgia, in General Affembly met, That the faid John Furlow, be, and he is hereby relieved from the pains and penalties of the aforefaid aft, fo far as the fame refpefts the banifhment only of the faid John Furlow.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives. BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 25, 1794.
GEORGE MATHEWS, Governor*

CONFISCATION AND AMERCEMENT.

109

An aft, to repeal the dEt entitled " An afl for inflitling penalties on, and confiscating,

the ejlaies offuch perjons as are therein declared guilty of treafon, andfor other pur-

pofes therein mentioned," pajfedthe twenty-fecond.day .of May one thoufandfeven hun

dred and eighty-two, asfar as refpeBs the representatives of Donald MLead, deceaf

ed, George Weekly and Thomas Waters.

,

i. T> E IT ENACTED by the Senate and Houfe of Reprefentatives ofthejlate ofGeor-IJ ,gia in General Affembly met, and it is hereby enabled by the authority of the fame,
That ib much of the faid recited law, fo far as reipe6ts the reprefentatives of Donald MLeod, be, and the fame is hereby repealed, and all property whatfoever which was vefted in the faid Donald MLeod, at any time before the paffing of fuch law, and which yet remains unfold, be as abfolutely vefted in his reprefentatives, as if no fuch
law had paffed. 2. And be it further enafted, That fo much of the faid law as refpefts the banifh-
roent of George Weekly and Thomas Waters, be and the fame is hereby repealed. But this aft (hall not extend, or be conftrued to extend to reftore any property of the faid perfons, actually fold by the commiffioners of confiscated property.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives. BENJAMIN TALIAFERRO, Preftdent of the Senate, Concurred December 29, 1794.
GEORGE MATHEWS, Governor,

An act for the relief of the heirs of Simon Monro deceafed,
j. \lt 7HEREAS capt. Harry Monro, late a Britifh fubjeft, died vefted of real efV V tate, in this ftate, and did by his will bearing date the 14th day of Novem
ber, and in the year 1780, leave the fame to the heirs of Simon Monro, late of this ftate deceafed, who are citizens of the United States: Be it enacted by the Senate and Houfe of Representatives of the ftate of Georgia in General Affembly met, .and by the authority of the fame, That from and immediately afteY the paffing of this aft, the real eftate of the faid Harry Monro, late a Britifh fubjeft, which has not been fold under, and by virtue of the aft. of confifcation, is hereby declared to be vefted in the heirs of Si mon Monro, late of this ftate, deceafed.
DAVID MERIWETHER, Speakerof the Houfe of Reprefentalives, DAVID EMANUEL, Prejident of the Senate, Concurred February 8, 1797. JARED IRWIN, Governor.

An act to repeal an act, entitled " An actfor inflicting penalties on and conjifcating the

eflates of fuch perfons as aretherein declared guilty of treafon, and for other purpo-

fes therein mentioned," fo far as relates to the banijhment of William Oates and John

Henderfon,

.

i. TJE IT ENACTED by the Senate and Houfe of.Reprefentatives -of theflate JLJ of Georgia^ in General AJfembly met} That the at entitled " An aft for in-

110

CONFISCATION AND 'AMERCEMENT.

flitting penalties on and confifcating the eftates of fucli perfons as are therein declared guilty of treafon, and for other purpofes therein mentioned," paffed the'fourth day of May, one thoufand feven hundred and eighty-two, fo far as relates to the banifliment only of William Gates and John Henderfon, be, and the fame is hereby repeal ed. And that the faid William Gates and John Henderfon, be and they are hereby rcflored to all the rights of citizenfhip. Provided, That they fhall not be entitled to claim, hold, or recover property fold under the -{'aid'aft, formerly belonging to the faid William Gates and John Henderfon.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives. DAVID EMANUEL, Prejident of the Senate, Concurred February 10, 1797.
JARED IRWIN, Governor.

An att to repeal an act, entitled, " An act for inflicting penalties on certain perfons therein named," fo far as refpects the- banifliment of John Johnfon.
\. TJ-E IT ENACTED by the Senate and Houfe of Representatives of the Jlaie of A3 Georgia, in General AfJ'embly met, That the, aft entitled " An aft, for inflift-
ing penalties on, and confifcating the eftates of fuch perfons as are therein declared guilty of treafon and for other purpofes therein mentioned," paffed the fourth day of May, one thoufand feven hundred and eighty-two, fo far as refpefts the baniuV racnt only of the perfon of John Johnfon, be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativa, ROBERT WALTON, Prejident of the Senate, Aflented to February 7, 1799. JAMES JACKSON, Governor.-

An act to grant certain privileges to Enoch James, and others, the legal reprefentatives of William Durgan, late of Burke county, dcceafed.

i. TV E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of JLJ Georgia, in General Affembly meti, and by the authority of the fame, That Enoch

James, and all others, the legal heirs and reprefentatives of William Durgan, late of Burke county deceafed, one of the perfons named in the aft of confifcation, be and they are hereby vefted, in fee fimple of all and fingular, the goods rights arid chattels, which were confifcated as the property of the aforefaid Durgan, fo far as relates to the perfonal property, confifcated as aforefaid, and which doth now remain undifpofed of by the flate, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Rcpttfcntativch

DAVID EMANUEL, Prejident of the Senate,

Aflented to'November 25, 1800.-

'

JAMES JACKSON, Governor,

Anatt to repeal an aftfor inflicting penalties on certain perfons therein -named, fofar ti$ refpecis the punif/iment of Chriflopher Frederic Triebner, .
i. E IT ENACTED by the Senate and Houfe of Reprefentatives of the ftate of Georgia in General A(fembly mety That the aft entitled " An at for inflift-'

CONVEYANCES,

in

ing penalties on, and confifcating the eftates of fuch perfons as are therein declared guilty of treafon, and for other purpofes therein mentioned," paffed the fourth day of May, one thoufand feven hundred and eighty-two, fo far as it refpects the banifliinent only of the perfon of Chriflopher Frederic Triebner, be, and the fame is here by repealed.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives. DAVID EMANUEL, Prcjident of the Senate. Affented to December 5, 1800. JAMES JACKSON, Governor.

CONVEYANCES.

-An aH to prevent fraudulent deeds of conveyances.

W HEREAS many inconveniences may attend the want or neglect of recording preamble; in the public offices of this province all conveyances of lands, negroes and other chattels or mortgages of the fame:

1. Be it enacted, That all conveyances of lands, tenements, negroes and other conveyances,

chattels or hereditaments whatfoever, or mortgages of the fame^ that were made be- wSfaiShn6'

fore the paffing of this aft, mail be regiftered in the regifter of the records' office S'^Sd?.

of this province, within three months after the publifhing this aft, except fuch as have

been or may be hereafter executed in Europe, which mail be regiftered as directed by

this act, within a twelve month and a day; and except fuch as have been or may be

hereafter executed in the Weft India iflands, or on the American continent north of

South Carolina, which mall be regiftered as directed by this act within fix months;

and fuch as may be hereafter made within this province.be regiftered within the fpace

of fixty days'from the date of the feveral deeds, conveyances or mortgages; in fail

ure of which, all fuch as are lawfully and regularly regiftered as aforefaid, {hall be

deemed, taken and conftrued to be prior, and fhall take place and be recoverable in

law before any and every deed, conveyance or mortgage which has not been law

fully regiftered as above, any law, cuftom or ufage to the contrary notwithftanding.

2. And in order to difcourage and deter all and every perfon and perfons from if fraudulent,

making any fraudulent conveyances or mortgages; Be it further enacted, That ir'^fimfsS.

any tender or mortgager of lands, tenements, negroes or other chattels, or heredita

ments within this province fhall prefume to execute a fecond or other deed of con

veyance or fale of the fame lands, tenements, negroes or other chattels or heredita

ments, other than the firft vender of fuch lands, tenements, negroes or other chattels

or hereditaments, or a fecond or other deed of mortgage, without having taken notice

in the faid deed of mortgage of the firft or prior mortgage or mortgages with which

the faid lands, tenements, negroes or other chattels or hereditaments ftand charged at

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

fhall be tried and punifhed, and be fubject to the like forfeitures and penalties as the

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

fbns, as fhall execute deeds of mortgage without taking notice of all prio,r^i-igages':V >..

made.





^"''^ "

""'>>%

.3. And be itfurther enacted, That all wills and teftaments conv^yiftg 'properties J."TMTM!?1""

within this province; that have been formerly made and not recorddp i

.1 3 2

CONVEYANCES.

office, be regiftered in the regifter of records' office of this province, within _three

months after the paffing of this aft, except fuch as have been or may be made in Eu

rope, ail which mall be regiftered as aforefaid, within a twelve month and a day, other-

wife they aredeemed and cOnftrued to be void; and all wills and teftaments hereafter

to be made within this province, fliall be regiftered as above within three months from

the death of the teftator, in failure of which, the laid wills or teftaments fhall be deem

ed and conftmed to be void and of no effeft:.

Steeds, wills, 4. And be it further enacted^ That all deeds of conveyances, mortgages, wills or

&c already racorded, deem ed legal,

writings, that have been regularly entered vince, fhall be deemed lawful to all intents

MI the former and purpofes,

office any

of record of this pro thing in this aft or any

other aft contained to the contrary notwithftanding.

DAVID DOUGLAS, Speaker,

J. REYNOLDS.

,

March yth, 1755.

An aft, to enablefeme-coverts to convey their efiatcs, andfor .confirming and making valid all conveyances and acknowledgments heretofore made by ferne-coverts,

preamble. i. T 71 7HEREAS, the ufual method of conveying lands and tenements in England

V V by feme-coverts, is by fine or recovery, which methods have not been prac-

tifed in any of his majefty's American colonies.

And whereas, inftead thereof it has been cuftomary in the conveyances of lands by

hufband and wife, to acknowledge her confent before a judge or juftice, being firft pri

vately examined by the faid judge or juftice, whether me acknowledged the fame vo,

Conveyances, luntarily and freely; Be it therefore entitled, That all alienations and conveyances

&c. of lands made by hus

whatfoever, which have at any time heretofore in this province been made, either by

band and wife or acknow

hufband and wife,

having jointly

figned a deed

of

conveyance before

witnefs, or by

ledged by the wife made

the acknowledgment of the wife of her confent to fuch a fale of lands and tenements,

valid.

before any of the then juftices or magiftrates, fhall in fuch cafes be valid in law, and

good and effectual againft the hufband and wife, their heirs and affigns, and againft all

other perfon or perfons whatfoever claiming under the faid hufband and wife, or eith

er of them, to all intents and purpofes, as if the farne had been done by fine or re

covery, or by any other way or means in the law.

Mow to be 2. ylnd whereas it is neceffary to fecure the property of future purchafers of lands

rnada and re gistered here

and tenements, as well as to prevent hufbands difpofing,

without the confent of the

after.

wife, what of right did or would belong to them: And whereas alfo the method

praclifed in England in thefe cafes would prove exceedingly troublefome and very

expenfivG to the inhabitants of this province: Be it therefore enacted, That from and

after the paffing of this aft, all * conveyances of lands and tenements fhall be made

by deed of bargain and fale, or by deed of leafe and releafe, or by deed of feoff-

ment, enrolled or regiftered in the fecretary's office of this province, figned and

fealed by- the party conveying, before two or more witneffes, who fhall likewife fign

their names to the faid deed; and where a feme-covert has or may have any right

in part, or the whole of the lands and tenements to be conveyed, and the faid feme-

covert doth willingly confent to part with her right, by becoming a party with her

4'

* See aft of 1768, feft. i, pagci 113,

CONVEYANCES.

.

113

faufband in the fale. of fuch lands and tenements, in fuch cafes as thefe, the faid "oalwl jtohicnwthifec feme-covert fhall become a party with her hufband in the faid deed of conveyance, hcounsvbeayn!danicnct.lic and fign and Teal the fame before the chief juftice or affiftant judges, or one of his majefty's juftices of the peace for the parifh where fuch contracts fhall be made, de claring before the faid judge or juftice, that {he has joined with her hufband in the alienation of the faid lands and tenements of her own free will and confent, without any compulsion or force ufed by her faid hufband to oblige her fo to do; which de-. claratio'n fhall be made in the following words, or words to the like effeQ:, viz. " I, A. B. the wife of C. D. do declare, that I have freely, and without any compulfion, figned, fealed and delivered the above inilrument of writing paffed between maituf dower, D. E. and C. D. and I do hereby renounce all title or claim of dower that I might claim or be entitled to after the death of C. D. my faid hufband, to or out of the lands or tenements therein conveyed. In witnefs whereof I have hereunto fet my hand and feal." And the faid judge or juftice fhall, and is hereby required to endorfe upon the deed the acknowledgment of the fame feme-covert, made before him, and to fign the fame, and fhall receive two millings and fixpence fterling fee, for his endorfing and justice's fee. figning the fame, and no more.
3. And be itfurther .enacted, That all conveyances of lands and tenements, made ^*scdTM}^ and executed, and enrolled or regiftered according to the intent and meaning of this valialnlawaft, fhall and are hereby declared valid in law, and good and effeftual againft the par ty conveying, or hufband and wife, and their and every of their heirs audaffigns, and againft all other perfons claiming by, from. Or under them, or any of them, to all in tents and purpofes, as if the fame had been done by fine or recovery, or by any other way or means, any laws, cuftoms, or ufages, to the contrary notwithftanding.
JAMES HABERSHAM.
DAVID MONTAIGUT, Speaker. HENRY ELLIS.
April 24, 1760.

An aft to prevent fraudulent mortgages and conveyances, andfor making valid all deeds and conveyances heretofore made,, with rejpecl to any defett in the form and manner of making thereof\ with certain reftriffiions.*
i. \ 7 7HEREAS notorious frauds have been committed by evil difpofed and de V figning perfons, who frequently mortgage and borrow money on fecurity of ne(lMb!ei
lands and flaves, having before conveyed, fold, or mortgaged the fame, and the re cording of all deeds and conveyances of lands, tenements, negroes, and other chattels, will greatly tend to the fecuring the titles of the proprietors or mortgagees, and prevent fuch frauds for the future, Be it therefore enacled, That all and every deed and deeds of fale, mortgages or conveyances of any lands, tenements, negroes or other goods Deeds'of *ie, and chattels, heretofore made in this province, and which fhall be recorded in the fe- n^'-^t'obe* cretary's office of this province, within fix-months after the paffing of this aft, except ^0a'y''"of-e fuch as have been made and executed in any of the Britifh iflands, or in any other of ccmtepdl!'*: the colonies on the continent of North. America, which fhall be recorded within nine months, and except alfo fuch as have been made and executed in Great-Britain or Irelandj which fhall be recorded within twelve months; and all deeds of fale, mortga-
* Sec aft of 1785, dire&bg the recording of decd% &c. fee, 3, P

CONVEYANCES,

ges, conveyances, made, and executed within this province, from aad after the firft day

of January next enfuing, being recorded as aforefaid, within ten days after the execu

tion thereof, fhall be deemed, held and taken as the firft deed of falej mortgage, or

conveyance, and fhall be allowed, adjudged and held valid in all courts of judicature

within this province, any former or other fale, mortgage or conveyance, being of the

lame lands, tenements, negroes, and other goods, and chattels, and not recorded as

aforefaid, notwithstanding.

d or pro, 2. Provided always^ and be it further enticed, That neverthelefs if it mail fo happen

craore there be more than one mortgage at the fame time, made by any perfon or perfons, to

Sh' any perfon or perfons, of the fame lands and tenements, negroes, goods or chattels, the

feveral late or under mortgagees, who fhall have recorded their mortgages, his, her, or

their heirs, executors, adminiftrators, or affigns, fhall have power to redeem any for

mer mortgage or mortgages, recorded as aforefaid upon payment of the principal debt^

intereft and cott of fuit, to the prior mortgagee or mortgagees, his, her or their heirs*,

executors, adminiftrators or affigns, any thing contained to the contrary thereof in

any wife notwithftanding; and all and every perfon and perfons who fhall mortgage

the fame lands, tenements, negroes, goods or chattels a fecond time, the former mort

gage thereof being in force and not difcharged, and fhall not difcover to the fe

cond mortgagee in writing under his or their hands, fhall have no relief, power, of

liberty of redemption whatsoever, in equity or otherwife, of and in the faid aftet

mortgage or mortgages.

ws dow- o Provided alfo, and he it further enacted. That nothing in this aft contained fhall be

cmronrotgtabgaerdred in lEaundilsL, rudnlilnes~ s le-

conf,,truedi, dieemedi or extend1 ed1to1bar any ments, fro' m her dower and.r. ig.ht.m and/

wi-1dow to th, e

otP any mortgager of<- l, andis l..avid, l/ands orO toenements,

or tene-^ w,h1 o -d1 id

not legally join with herhufband in fuch mortgage, or otherwife lawfully bar or ex

clude her ielf from fuch her dower or right.

Formal defeas 4. And to the end that no perfon may hereafter fuffer any inconvenience in record-

Sti'ede.ds' rem" ing their title deeds, by expofing the defeQs thereof, Beit further enacted and declared?

That no need of feoffment, bargain and fale, deed of gift, or other conveyance, of

any lands or tenements whatfoever, heretofore made, fliall be impeached or fet afide

in any courts of law or equity for, want of attornment or livery and feifin, or enrol-

mentjor/or that fuch conveyance hath been made by way of aflignment or endorfement

on any other deed or conveyance without other ceremony, nor for any other defeft

in the former or in the manner of the execution of any fuch deeds or conveyances,

or of the endorfements or affignments thereof, either in the firft deed,\ or in any of

Fjovto, themefne conveyances derived therefrom: Provided ne-verthdefs, That in cafe of the

validity of fuch feoffment, bargain atid fale, deed of gift, or other conveyance :ol"

lands or tenements, fhall be queftioned, the legal and ufual proofs fhall be made that

the rights were and would have been in the perfon or perfons conveying, if fuch de

fects had not happened in the form of fuch deeds or conveyances, or in the manner

of the execution of the fame as afore-faid.

5- A-nd be it further enabled, That this aft fliall cotetinue and be in force for and

during the term of three years from and after the paffing thereof, and from therice

to the end of the next feffion of the General Affembly', and no lottge'f .*

N. W. JO.NE.S, Speaker.

.

JAMES HABERSHAM, Preffdent*

JAMES WRIGHT,

December 24, 1768,

'* Continuisd by aft of 1784...

CONVEYANCES,

M$

.4n aft to render eafj the 'mode of conveying lands, and for making valid all deedyctnd conveyances heretofore that may be deficient in point of form,

.i,T]f THEREAS many deeds pf bargain and fale, and other deeds of feoffment 1>reiml'le-
VV or conveyances have been made, whjch have not been enrolled, or livery" and feifin had, or may be deficient in point of form, when it was the legal intent pf .the party to fell and lawfully convey the fame. Be it enabled by the reprefentqiives o/"^d,es?.*dy"f the freemen of the Jldte of Georgia in General Affeynbly met, That no deed of feoffrnent Slsidcafore bargain and fale, and deed of gift, or other conveyance of lands or tenements *'/$ whatsoever, heretofore made, {hall beimpleaded or fet aiide, in any courts of law or St.""TM1' equity, for want of form, or livery and feifin, or enrolment, or for any other defee! in the form, or in the manner of the execution of any fuch deeds or conveyan ces, either ia the firft 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 defecls had not happened in fuch conveyance, or in the manner pf the execution of the fame as aforefaid.
a. And to the end that fuch evils may be remedied in future, Be it* enatttd t>y the Executionof nuthority aforefaid, That all deeds of conveyances, by way of bargain and fale, bona^mi, c'"! .fide, of lands or tenements, and executed under hand and feal in the preferice of , two or more witneffss, and a valuable consideration paid, that are proved or ac- TM witnesses. knowledged ; before a juftice of the peace, or before the chief juftice, or one of the affiftant'juftices, and the faid deed is regiftered by the clerk of the court in the county where fuch lands or tenements lie, in a book by him to be kept for that purpofe, within twelve * months from the date of fuch deed, for which he mall receive'*j*J$^J,'!jJ four pence per copy-fheet of ninety words; then, and in that cafe, fuch deed Qf t^lTaonth5 conveyance by way of bargain and iale mail be, and the fame is hereby declared to be, good and valid in law and equity, according to the true intent, conftruQion and meaning thereof: Provided neverihelefs, That nothing herein contained fhal! extend, or be conftrued to extend, to prevent any perfon or perfons, who {hall 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 mall be preferred by tfre 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.
-3. And in cafe of dower. Be it further enabled, That any fuch deed of convey- ofdTMcil'io* ance of lands or tenements, in which a feme-covert may be interefted, by dower or otherwife, and that fuch feme-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 {he did, of her own free svill;and accord, fubfcribe, feal and deliver the faid deed, with an intention there by to renounce, and forever quit claim to her right of dower and thirds of, into, 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, {hall be held, deem ed and eonfidered, according to the conftru&ion and meaning thereof, to be good and valid in law and equity, and mail be, and is hereby declared to be a free, full

* Time extended by aft 1788, fee; ij, and further extended by aft i'7'9'0> fee. 141 fince which tira'e this aft has been left to operates

i6

CONVEYANCES.

and abfolute renunciation of dower and thirds, any law, ufage or cuftom to the con

trary notwithftanding.

.nowb<mds,pe- 4- And be it farther ena&ed ly the authority aforefaid, That all bonds, fpeciahies,.

Mwe"o"at- letters of attorney, and other powers in writing, which fhall be produced in any court,

etherstSare or before any juftice in this ftate, the execution whereof being proved by one or

i. proy'nm more of the witneffes thereunto, by affidavit or folemn affirmation in writing, before

any governor, chief juftice, mayor or other juftice of either of the United States,

where fuch bonds, letters of attorney or other writings are or fliall be made or exe

cuted, and accordingly certified and tranfmitted under the common or public feal of

fuch ftate, court, city or place where the faid bonds, letters of attorney or wri

tings are proved, fhall be taken and adjudged as fufficient in law as if the witneffes

therein named had been prefent; and fuch certification fhall be fufficient evidence to

the court and jury for the proof thereof: Provided, That in every fuch affidavit or

affirmation, there fliall be expreffed the addition of the party making fuch affidavit or

affirmation, and the particular place of their abode.

k^tteraoJat- 5' ^ n^ b c it farther enabled, That all fales or conveyances of lands, tenements,

oveliddevia- hereditaments- which fhall hereafter be made by virtue of any letters or powers of at-

d valid in torney, duly executed, which do or fliall exprefsly give power to fell all lands or

other eftates, and be certified to have been proved as aforefaid, or ffiall be proved in

this ftate before any juftice of the peace by one or more of the witnefles thereunto^

fhall be good and effectual in law, to all intents, conftruftions and purpofes what-

foever, the fame as if the faid conftituent or conftituents had, by their own deeds and

if mie\vitH- conveyances, aftually und really fold and conveyed the fame-.-Provided always*, That

relocation?or no fale of lands made by virtue of fuch power or powers of attorney or agency, as

de=ti;oftiio aforefaid, fhall be good and effeftual, unlefs fuch fale be made and executed while

fuch powers are in force, and all fuch powers fhall be confidered, deemed and taken

to be in force, until the attorney or agent fliall have due notice of a countermand, re

vocation or death of the conftituent.

Establishment 6. Beitfarther enabled by the authority aforefaid, That it fliall and may be lawful

dLpinpg"heost for any perfon or perfons, whofe titles, bonds, notes, books of accounts, receipts

*w>

and papers touching his, her or their eftate and property, may have been loft or

deftroyed 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 deftroyed as aforelaid, with

full or circumftantial 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 queftion is fituate, and fhall notify by public

gazette of this ftate, that fuch perfon or perfons intends to eftablifh fuch deed or

paper, that then it fhall and may be lawful, and in cafe no fufficient objeftion fhall

be made, for the fuperior courts in each county to eftablifh the title and right of fuch

perfon or perfons to the property alluded to, by the teftimony and papers offered to

the faid court, and be deemed 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 made out to the fa-

Usfaftion of the court and jury, within the time limited by the aft of limitation.

Savannah, 22d February3 1785,

JOSEPH HABERSHAM,

eORPORATIONS AND TOWN REGULATIONS.

Art aftfor the better regulating the town of Savannah, andfor afcertaining the common thereunto belonging.

1. Refpefcls the regulation of the town, repealed, fee aft of 1787.

2. And lie it further enaSied by the authority aforefaid, That the common apper- Town-common

taining to the faid town, extending foutherly from the extremity of the Bluff on the ri

ver Savannah to the north line of the garden lots,- and wefterly from the weft line of

the garden lots, lying eaft of the faid town to the eaft line of the lots lately laid

out between Mufgrove's Creek and the faid town, including all the fquares, ftreets,

lanes, and paffages, defcribed in, the plan of the faid town in the furveyor gene

ral's office, and have been heretofore accuftomed or made ufe of by the inha

bitants -of the faid town, mail be and continue the common property of the lot

holders in the faid town, and mall not be aliened or granted away for any purpofe,

whatsoever, than by aQ; of the General Aflembly.

3 and 4. RefpeQ the regulations of the town--repealed.

commisiion-

5. And be it further enabled by the authority aforefaid, That Jofeph Ottolenghe,

James Deeveaux, William Ewen and William Ruflell efqrs. fhall, and they are

hereby nominated and appointed commiffioners to put this aft in execution.

The remainder prefcribes the mode of filling vacancies. Obfolete.

DAVID MONTAIGUT, Speaker.

HENRY ELLIS.

JAMES HABERSHAM.

May i, 1760.

An attfor amending an aft entitled "An at for the letter regulating the town of Sa vannah^ andfor afcertaining the common thereunto belonging.
i T7T 7HEREAS, by an aft of affembly paffedthe firfi day of May, in the year ofPreamWc V V our Lord one thoufand feven hundred and fixty, entitled, " An aclt for the
better regulating the town of Savannah, and for afcertaining the common thereunto belonging," the lots heretofore allotted for the ufe of the public, and on feveral of which buildings have been creeled, were not alcertained, whereby the inhabitants of Savannah may be deprived of the benefits intended them by fuch allotments, and unneceffary difputes, and fuits at law may arife for want of fuch lots being afcertained. .'Be it therefore enabled, That the feveral lots herein after mentioned, and particular- Lots herein . ly defcribed in the plan of the town of Savannah in the furveyor general's office of tSecerstealna ^. this province, and to which reference may be had, fhall be and continue for the ufes and purpofes to which by this at they are refpeclively appropriated, and (hall not be aliened or granted away to, or for any other ufe or purpofe whatever, unlefs by al of the General Aflembly, that, is to fay, the lot D, whereon the church now Hands, as alfo the lot E, whereon the parfonage-houfe now ftands, fhall be and continue for the ufes and purpofes to which they are refpeftively appropriated and allotted in and by an ai: entitled, " An acl for conftituting and dividing the feveral diftricls and divjfions of this province into pariflies, and for eftablifhing religious worfhip therein according to the rites and ceremonies of the church of England, and alfo for empowering the churchwardens and veftry men, of the refpeftive parifhes, to aflefs rates for tbe re-

nJ8

CORPORATIONS AND TOWN REGULATIONS.

pair of churches, the relief of the poor and other parochial charges;" C, whereon a .prifon formerly flood, fhall be and continue for the ufe and purpofe of a public jail orprifon, and for the ufe of the keeper ,of the fame; the lot H, whereon the court houfe now ftands, fhall be and continue for the ufe and purpofe of a court houfe for this province ; the lot S, whereon the filature now ftands, fhall be, and continue for the ufe of-a public filature; the lot V, whereon the ftate houfe now ftands, fhall be and continue for the ufe and purpofe of a ftate houfe, for this province; as alfo the water lots at the end of every ftreet, alfo fixteen acres of land laid out for the ufe of the public, joining the common of the faid town, and known by the name of the Spring, fhall be held, deemed, and reputed, as public lots and lands, and referved for the ufe of the public only.
2. Contains a plan of the town^ fee acls, of i'j6y.,fo,llowing.~~-i ij66i page 119, and 1770, page 120.
3. Regulates the town, fee afts of 1787, page 121.1--1789, page 123, and 1795, page 124.
GREY ELLIOT, Speaker. JAMES HAJBERSHA-M. JAMES WRIGH1V June 9, 1761.

,*&**
An aft, to enable the comtnijfioners appointed by the General Affctnbly of this proiiincij tn-tilled " An del for- regulating the. town of Savannah, and for ascertaining the com*man thereunto belonging^" to alien and convey a certain portion vf the faid common in exchange for other land to the faid common adjoining,
HEREASin'and by an aft of the fecond General Affembly of this province^ entitled { * An aft for the better regulating the town of Savannah, and for afcertainittg the common thereunto belonging/' the laid common is afcertainedj^and declared to be the common property of the lot holders of the faid town,- and nm to be aliened of granted away for any purpofe whatfoever, other than by aft of the Ge. neral Affembly s And whereas the exchanging a fmall part of faid common, confifting of about fifteen acres, for four garden lots feverally joining to other parts of the faid common^ and t0 become apart thereof, will not only enlarge the-common of faid town, but alfo render it more complete and uniform: Be it therefore enacted^ .fiartMisionen That from and after the paffing of this aft, it fhall arid may be lawful to and for the ttiorizcd'toe^ commiffioners named and appointed in and by this faid recited aft of the General Af5cressoVthfn .fembly, by any fit deed or conveyance in the law, by them or any three of them, to louJgTrtai1 be made and executed) to grant, alien and convey uiito his excellency James Wright-j efq. or .to any perfon or perfons for his ufe, and to his and their heirs and affigns for ever, .all that part of the faid town-common on the fouth-eaft boundaries of the cornrnon of the town of Savannah, adjoining the garden lots number feven, eight, thir teen and fourteen, extending on a direft line twenty-five chains, and cpurfe of th<3 garden lots to the eaftern road, and from the upper wefternmoft corner of the late truftees' gardens on a direft line and courfe of the garden lots aforefaid, fourteen chains to the eaftern road, and bounded to the northward by the faid truftees' gardens, and par ticularly defcribed by the letters A 3 B, G and D, in the plan hereunto armexedj con-

CORPORATIONS AND TOWN REGULATIONS. ,

115

taining fifteen acres more or lefs, he the faid James-Wright firft granting and convey

ing, or caufmg to be granted and conveyed unto the faid cornmiffioners all thofe four

garden lots containing together twenty acres, more or lefs, fituate fouthward of the

laid common, and adjoining thereunto, and particularly defcribed in the faid plan to

this aft annexed, by the numbers nineteen, twenty, thirty-one and thirty-two, to

hold the fame unto the faid coramiffioners and their fucceflbrs forever, as part and

parcel of the common of the faid town of Savannah, for the ufe of the lot holders

thereof.

.'

2. And be itfurther enacted, That from and after the alienation and exchange fe- tv'tobcS""

fpeftively made of the faid part of the faid common herein before defcribed for four si?jK!"y "f

garden lots in manner as before mentioned, the faid traft of fifteen acres, more or nglt '

lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, {hall,and

is hereby declared to be fevered from the faid common, and become and continue

the abfolute property of the faid James Wright, or other perfon, for his ufe, and

his and their heirs or affigns forever.

3. And that the faid four garden lots before mentioned and defcribed, fhall from figt"'f,fard<:"

thenceforth be and continue as part and parcel of the faid common of the town ofJ;^TM"

Savannah, for the ufe of the lot holders of the faid town, to all intents andpurpofes

whatfoever, as any other part of the faid common is, according to the true intent

and meaning of this aft; any thing in the faid recited aft contained to the contrary

notwithftanding.

JAMES HABERSHAM, Prefident.

LEWIS JOHNSON, Speaker,

JAMES WRIGHT.

March 4, 1762.

An aft, to enable the commijjioners appointed by an act of the General AJfembly of this province, entitled ," An act for regulating the town of Savannah, and for a: fcertaining the common thereunto belonging, to alien and convey to the honorable William Simpfon, efqr. his heirs, and aj/tgns forever, a certain part of the faid common in ex change for part of a lot of land adjoining the fame.
W HEREAS in and by an aft of the fourth General Affembly of this province, Preambl* entitled, " An aft for regulating the town of Savannah, and for afeertaining the common thereunto belonging," the faid common is afcertained and declared to be the common property of the lot holders of faid town, and not to be aliened or granted away for any purpofe whatever, otherwife than by aft of the General Affem bly. And whereas, Henry Ellis, efq. late governor of this province, had prior to the pafling of the faid aft, that is to fay, on or about the feventh day of February in the year of our Lord one thoufand feven hundred and fifty-eight, obtained his late majefty's grant, under the great feal of the faid province, to him, his heirs and af figns, forever, for a lot of land, fituate part on the bay, and part on the common of the faid town of Savannah, containing one hundred and twenty feet in front, and/our hundred and ninety feet in depth weft, and four hundred and fixty-five feet in depth, eaft. Andwhereas the fame is fince by purchafe from the faid Henry Ellis, efq. be come vefted in the honorable William Simpfon, efq. And whereas part of the faid lot, may hereafter be of general benefit, for the conveniency of a ftreet or paffagefrorn the bay of the faid town to the hamlets of Yamacraw and Ewenfburgh, and would

120

CORPORATIONS AND TOWN REGULATIONS.

now, if flopped up or built upon, be of great detriment to the public, and the faid

William Simpfon, being willing to exchange the part of the faid lot convenient for the

above intended itreet or paflage for an adequate proportion of land on the common

to the weflward of, and adjoining his faid lot.

commissioners i. Be it therefore enacted. That immediately after the paffing of this aft, itfiialland fe,mftphoew"telrwednatort may e law*u l tJo5 anc." * or th' ecommi.i(iYi,oners n' a' med, and, 'appoi. nt. ed.in and'.by the lai. d,

i'Sador recited aft of the General AfTembly, by any fit deed or conveyance in the law, by

adjoining. them, or any three of them, to be made and executed, to grant, alien, and convey

unto the faid William Simpfon, efq. and his heirs and afhgns, forevei'j a part of the

faid common of Savannah to adjoin weflward to the lot of the faid William Simpfon,

and to contain thirty feet in width, and three hundred and fix feet in depth and particu

larly defcribed by the letters, F, G, H, I, in the plan hereunto annexed, he the faid

William Simpfon, firft granting and conveying unto the faid commiffioners, a part of

his lot as aforefaid, containing forty-feven feet in width, and one hundred and twenty

feet in depth, and particularly defcribed in the faid plan hereunto annexed by the let

ters A, C, E, F, to hold the fame unto the faid commiffioners, and their fuccefiprs

commiffioners forever, as part and parcel of the common of the faid town of Savan

nah, for the ufeof the lot holders thereof.

^severed01 to 2- And, be it further enacted by the authority aforefaid, That from and after the

SS?,andcSt alienation, conveyance and exchange refpeftively made of the faid part of the faid cora-

itauhcrlo'f to rnon, for part of the lot of the faid William Simpfon, as herein before mentioned, the

common.* ths &v\ part ofthe laid common, containing thirty feet in width, and three hundred and fix feet

in depth, and defcribed in the plan aforefaid by the letters F, G, H ,1, fhaU and is here

by declared to be fevered from the faid common, and become and continue the abfo-

lute property of the faid William Simpfon, to and for the ufe of him, his heirs and

affigns forever^ and that the part of the lot of the faid William'Simpfon, containing

forty-feven feet in width, and one hundred and twenty feet in depth, as before men

tioned and defcribed, mail from thenceforth be and continue to be part and parcel of

the faid common of the town of Savannah, to all intents, conftruftions and pur-

pofes whatever, and as any other part of the laid common is or may be, according to

the true intent and meaning of this aft; any thing in the aft herein before recited, to

the contrary notwithstanding.

'

ALEXANDER WYLLY, Speaker.

JAMES HABESHAM, Prtfidcnt.

JAMES WRIGHT.

March 6} 1766.

An actforfurther attending an act, entitled " An actfor the belter regulaihg the town of Savannah, andfor afcertaining the common thereunto belonging."
W HEREAS in and by an aft of the'General Aflemblyparfedthe ninth day of June, in the year of our Lord one thoufand feven hundred and fixty-one, entitled " An aft for amending an aft for the better regulating the town of Savannah, and for afcertaining the common thereunto belonging," it was enafted, That the plan to that aft annexed mould be thenceforth taken for and deemed to be the true plan sf the faid town, and that the feveral references made therein to the plan in the

CORPORATIONS AND TOWN REGULATIONS.

ia.i

furveyor general's office ihould from thenceforth be taken and deemed to be mad6 to the' plan thereunto annexed, any thing in the faid aft contained to the contrary notwithstanding: And whereas, in the plan to the faid aft annexed the fcveral wharf lots under the bank or bluff of the faid town and common of Savannah, and the lines or limits of the faid common were not laid down or afcertained, for want of which many difputes, controverfies and fuits of lawmayarife: And whereas miltakes were made in the figures refpefting the width of feveral of the ftreets and lanes in
the faid town: Be it therefore enacted, That the plan annexed to this aft {hall from henceforth be w(mt ,,ant(
held, taken for and deemed the true plan of the faid town and common of Savannah, {,S$<te including the feveral wharf lots under the bank or bluff of the faid town and com- towil' ?.non, and that the feveral references made in the faid recited afts to the plan in the furveyor general's office (hall be henceforth taken and deemed to be made, and fhall be made and had to the faid plan hereunto annexed, any thing ifi the iaid afts to the
contrary notwithftanding. a, Regulates the tdwnTMrepealed by aft of 1787. See next afti Ni W. JONES, Speaker. JAMES HABERSHAMj
JAMES WRl6Hl\
May iOj 1770-.

b 'i i i a a 4 i

An ait JOY better r'egtil&ting the town of Savannah, tind the hdinlets

i. \7lf HEREAS the town bf SaVannah and the hamlets thereof require regula-

V V tioh^ Be it en'att'ed by the freemen of the ft'dte of Georgia in General A/em-

lly met, and hy the authority of thefame, That the laid tb'wn and hamlets be divided in-8avahni\afiia

to

feven

wards-, the
'*.

town as '

ufual to eonfift ...

of fix.y

Viz.

PerciVaU j

DerbV, tf *

Anfon,v*'dv4cn'"\viatro0.ws -

Reynolds, Heathcote and Dicker wards, and the hamlets of Ewenfburgh and Yama-

'craw, mail conftitiite the feventh, arid be kno\Vn by the nam.e df Oglethorpe's v/ard.

2. * Repealed^ fee afts of 1789, 1793, 1796 and 1797;

3. And be. it further 'entitled by the authority aforefaid^ That the Wardens fo eho-

ien fliall have full power and authority to make fuch bye-laws and regulations, and tOpowctofthe

inflift or impdfe fuch painsi, penalties and forfeitures, as fhall be conducive to the good w'ink"s' &e-

'order, arid gdvernment of the town and hamlets as afdrefaid : Prov'ide'd, that fuch bye-

laws, and regulations^ be not repugnant to the laws and c^njftituti'on of this ftate.

4. And hitfurther mUcl'ed &y the authority 'dforefaid, That it fhall and may be law

ful, for the faid wardefos or a majority of them, yearly and every year, or bftener if occ' ah,, on may requi.re, to maki e, Jl, ay, Jand, airlrel,s onJ e orJ mor.e rate: or rates, af,rfefrrfment T^o m^akT e asse's5s

or affeffments^ upon all and every perfon or perfdnswho do or fhall inhabit, hold, ufe 'TM"w-

or occupy, poffefs 'dr enjdy, any lot, ground, houfe or place, building', tenement dr

hereditament in any fquare, ftreet dr place, within the limits of the town df Savannah

tor hamlets as aforefaid;, for raifirtg ftich fum dr fuhis of moiiey as the faid wardens or

a majority df them fliall in their difcrbtion judge riecefTary lor, arid towards carrying

this aft into execution ; and in cafe of refufal or negleft to pay fuch rate arid affefl-

meiit, the fame fhallbe levied and recovered in manner as herein after direftedj Pro-

*

This

., feiftiori-prieFcribe's

- the

' -,- -, ^ualiJicatibn

, . .$, 'of voteti, thfe iiine

. ,," .and ftianner

-of ehoofuig

' wardens

and

prefidenb'.

CORPORATIONS AND TOWN REGULATIONS.

c without

vided, That no fuch rate and affeffment fhall be appropriated to the paying of the pre"fluent or warc}ens for their fervices, but that they mall ferve in their faid appointments

--without fee or reward.

;

S-'liVots & 5' -^'^ be it further enabled by the authority aforefaid, That the wardens to be cho-

SSi'thT" k"n under this aft, or a majority of them, are hereby vefted with full power and an-

^S"hTOse! thority to let, leafe, or rent at public fale, any lot or lots of land including the lot of

land containing fixteen acres, called the Spring, weftward of the faid town of Savan

nah, arid the building commonly called the Vendue-houfe, and the monies arifing there

from fhall be applied by the faid board of wardens, to the carrying this aft into execifc-

tion.

Recovery of 6. And be itfurther enabled by the authority aforefaid, That all rates and affeff-

6ami"for- ments, pains, penalties, and forfeitures, laid or incurred under this aft, {hall be levied

and recovered by warrant of diftrefs and fale of theoffender's goods, under the hands "

and feals of the faid prefjdent, or wardens, or a majority of them, or by warrant un

der the hand and feal of any juftice of the peace for the county of Chatham.

Aoontofeji- 7. And be it,further matted by the authority aforefaid, That the faid prefident and

tepuiSd0 wardens, by their clerk fliall publifh in the Georgia gazette monthly and every month* monthly. an account orc th\ e expendvitures orf al11l monies wihi chi t1hey mn allll receive iby vi rtue 01r

this aft, for the information of faid town and hamlets.

joumury of 8. Whereas it appears by the petition of a number of perfons owning wharf lots in-

wrc>'ubitshcd the faid town of Savannah, that the boundary of the back part of faid lots fronting

$Jn\hrff"oarii the Bay-ftreet of faid town, was eftablilhed by a law paffed under the Britifh gov

ernment, and a plan thereof was recorded in the furveyor general's office of the ftate?

(then province) which plan was loft during the late war, in confequence of which the

owners of faid lots are put to great difficulty in placing their buildings : Be it enabled

by the authority aforefaid. That the prefident and board of wardens, appointed under

this aft, are fully empowered to fix the boundary of faid lots, in fuch manner as to-

Ma thereof to them may appear juft and equitable; and that apian thereof be recorded in the fur-

trecor c vey Or general's office, and alfo in the office of the clerk of the county of Chatham.

fcardofwar- 9. And be itfurther enaBed^ That the faid board of wardens fhall have full power

fTMVnbuc" *" to' regulate the public docks between the wharfs fo as to prevent the injury which is

4ocks.

now d?one to th, er navi gation orrthterla-idj-river, L by thIe J doI ckI s b-eing open.

ttTM iuee" of 1O- And be it further enaBed by the authority aforefaid, That the wardens appointed

under this aft, fhall have, and are hereby vefted with the powers and authority ofjuf-

tices of the peace within the town and hamlets aforefaid.

ptaiiE

11. And be itfurther enabled by the authority aforejaid, That all former laws here

tofore paffed for the better regulation of faid town and hamlets thereof be, and the fame

are hereby repealed.

WILLIAM GIBBONS, Speaker.

Augufta, February 10, 1787.

An att for regulating the town of Augujla, and to amend an aff, entitled " An for regulating the town of Savannah and hamlets thereof."
(The firft nine feftions of this aft relate to the incorporation of Augufta--repealed by aft of 1795. See the next page.)

CORPORATIONS AND TOWN REGULATIONS.

123

to.

And whereas.by

an aft of Affembly,

pafled

the tenth day of

February,

one

J",bestyicdtHe y of iavrtTV'

dioufand feven hundred and eighty-feven, entitled " An aft for better regulating the nah '

town of Savannah, and the hamlets thereof," it is therein enafted, That certain per-

fons, ftyled wardens, are to be elefted in the faid town annually by the proprietors

of lots or houfes, who are to eleft from fuch wardens a perfon, that is (tyled prefi-

d.ent of the board of wardens: Now be it enatted, That the faid town of Savannah

{hall be hereafter known and called by the ftyle and name of the city of Savannah;

and that on the firft Monday in March, one thoufand feven hundred and ninety, and aea'ioaaf

thereafter annually, the owners or occupiers of any lot or houfe in the faid city or SrE'111 al'

h&mlets {hall, under the direction of any two or more juflices in the faid city, eleft

an alderman for each ward, mentioned in the faid aft, from among the citizens ge

nerally, who (hall, 09 the Monday following after the election of fuch aldermen,

choofe from their own body a mayor, and from and after the election of fuch alder

men and mayor, their ftyle ihall be the mayor and aldermen of the city of Savan- Thdl. stylc .

nah and the hamlets thereof: and are hereby empowered to carry into execution the

powers intended by the faid aft, and fliall be a body politic and corporate, to have Their-powers,

and to ufe a common feal, with power to fu.e and be fucd, plead and be impleadcd,

and may acquire, have, hold and enjoy real or perfonal property, for the ufe and

benefit of the faid city and hamlets.

11. And be it further enabled, That fo much of the faid recited aft as is repugnant Repealing

to the principles of this aft be, and the fame is hereby repealed.

12. And to prevent diforders.or contagious diftempers from being fpread through- totclm^nw*

out the ftate, Be it cnatted, That a health officer, being a phyfician, mall be ap- s^lL'"-^

pointed for the port of Savannah, whofe duty it fhall be to go on board every veffel lj"ty'

arriving from a foreign port, and before her arrival at Five Fathom Hole, and there

examine as to the health of the crew and paflengers on board, and certify the fame

to the captain or commander of fuch veffel, for which certificate fuch phyfician fhal!

be entitled to receive, and the captain of fuch vefl'el ihall pay, three dollars; after

which being granted, the faid crew and paffengers {hall be permitted to pafs Fort

Wayne, and not otherwife,

(The remainder of this aft, regulating the performance of quarantine, repealed.

See aft of 1793.)

SEABORN JONES, Speaker of the Houfe of Representatives,.

NATHAN BROWNSON, Prefident of the Senate,

EDWARD TELFAIR, Governor,

December 23d, 1789.

An act jupplementary to an aft for regulating the town of Augufta, and ie amend an affi, entitled " An aclfor regulating the town of Savannah and hamlets thereof"

i.

T7f 7HEREAS V V over part

the limits of the of the hamlets of

jurifdiftion of the corporation of the faid city, has never been fully

Savannah,1 and clearly

PPrrejamble;

.defined: Be it enabled by the Senate and Houfe of Reprefentatives ofthejiate of Geor

gia, in General Affembly met, That all the lots in .that part of the fuburbs of the faid coTMorfonhof

city called Carpenter's Row, andallthofe in the truflees' gardens, including the ma-

gazine at Fort Wayne, fliall be fubjeft thereto, and fliall be confidered as a part of

$ie ward to which it is moft contiguous.

I

CORPORATIONS AND TOWN REGULATIONS.
2. And whereas feveral new wards have lately been laid out, adjoining the f'aid cit^ k ut no a^ j^ hjtnerto pafled authorizing an additional number of aldermen in laid city in confe'quence thereof: Be it therefore enabled, That on the firft Monday in March next, and annually thereafter, the eleftors of aldermen for the faid city (hall cleft from the citizens thereof, generally, one other alderman for each of the faid new wards, in addition to the number heretofore elefted, who fhall have fuch quali fications, and be vefted with the like power and authority as the prefent aldermen of the faid city.
3. This feftion prefcribes the qualification of voters, and is repealed by aft of 1797. <a 1?fUciI789 taIf 4- -And whereas experience hath proven that fo much of the aft for regulating the con^ationof town of Augufta, and to amend an aft, entitled " An aft for regulating the town of Augusta repeal- Savannah and hamlets thereof," paiTed at Augufta, on the twenty-third day of De
cember, one thoufand feven hundred and eighty-nine, as refpefts the faid town of Augufta, is deemed incompatible with the intereft and wimes of the inhabitants thereof: Be^it therefore enabled, That fo much of the before recited aft as refpefts the faid town of Augufta be, and the fame is hereby repealed; and it fhall be the duty of the mayor and aldermen now in office under the faid aft, and they are here by required to adjuft, and within fix months from and after the pafling of this aft, fa^tthaeof A finally to fettle and clofe the books and accounts of the corporation, and to depofit withtlwcbrrt? the fame, together with the funds thereof, with the commiffioners of the court-houfe SifcoSimirc and jail to be appointed for the county of Richmond, who mall hold fuch property, andjaii. reaj an(j pgj-fonaj^ as may have been acquired by the faid corporation, in truft for and to the ufe of the faid town of Augufta and inhabitants thereof: Provided, That nothing herein contained fhall prevent the colleftion of the corporation tax already levied, which fums (hall be depofited with the commiffioners aforefaid. commissioners Q. And, be it further enaffed, That Ambrofe Gordon, Andrew Innis and James appointed. Tpole, be, and they are hereby conftituted and appointed commiffioners of the courthoufe and jail for the county of Richmond, and inverted with all the funds hereto fore appropriated to the ufe of the faid court-houfe and jail, which now remain un applied; and the faid commiflioners are fully authorized and empowered to apply fo much of the aforefaid funds, either real or perfonal, as they may deem neceffary towards the building and keeping in repair the faid court-houfe and jail.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives, BENJAMIN TALIAFERRO, Prefident of the Senate, GEORGE MATHEWS, Governor. January ytb, 1795.

An aff, to extend the authority of the mayor and aldermen ofthe city of Savannah, to have jurifdiSlion of civil caiifes to a certain amount,

W HSr,EaRvaEnAnaSh1 ,itawndo1 uth1lde

gi nrehI aatb1lyitapnrtosm, tootegrtahnet

twoeltfh1aerecoarnpdoraadtvi-oann1 ttahgeP ereoo1 ff tthhee

city of power

of holding courts for the trial of caufes to a certain fixed amount.

jurMiaion i. Be it therefore enafted by the Senate and Houfe of Reprefentatives of the Jlate of

Hon'ofsS-3" Georgia in General Ajff'embly met, That it (hall be lawful for the mayor and aldermen of

to'Sttufof the city of Savannah, and they are empowered at any time after the paffing of this civil cafe of af,,t, to'.hol, d. courts once i. n eve'ry month,* t,hrough, out t\he year, to appoint irn? ch, orfhr -

as they may deem necelfary, and to fettle and allow reafonable fees not. exceeding

CORPORATIONS. AND TOWN REGULATIONS.,

la/j

one half the fees allowed for like fervices in the inferior courts .in fuits cognizable

therein : and to have jurifdiclion of, and to hear and determine all civil caufes, not

involving the right or title to any land or real eftate, ariiing within the jurifdiclion of

the corporation, fo as the demand in fuch fuk or aclion do not exceed fifty dollars;

and to give judgment and award execution therein, according to law. Provided,

That if any party to a fuit, {hall feel him, her, or themfelves aggrieved by the decifion

of the faid courts, it fhall be lawful for fuch party to enter an appeal within three days

after fuch trial; firft paying all cofts which may have accrued on the faid trial, and

giving fufficient fecurity to abide by and perform the fentence of the court at the

trial of the appeal; and all appeals from the decifion of the faid courts, fhall be tried

on the next court day fucceeding fuch trial, by a jury of feven men, whofe verdift

fhall be final.

2. And be it further enabled, That the faid mayor and aldermen fhall have power Drawing and to diraw andi i mpannelt jurors fror thi e triali ofr appealis, wiho mn alnl ibe rehf di ent wi tlhin jiunripoarsn.neHn

their jurifdiclion, and fhall be qualified and liable to ferve on petit juries, to caufe

them to be fummoned, and to fine them for non-attendance or mifconducl, in fuch

manner as they think proper, not exceeding ten dollars, and {hall have power to award

execution for fuch fines, and caufe the goods of the perfon incurring fuch fines to be

fold by virtue thereof.

3. And be itfurther enafted, That the faid mayor and aldermen,'or any of them, Meii? of pro-

may, ort complaint made by any feaman or feamen for non-payment of their wages, cecdl"8!"

or by any other perfon for the non-payment of any debt or fum of money, or of any

damage not exceeding fifty dollars as aforefaid, directed to any conltable of the

city, to fummon or arreft the defendant, (if required agreeably to law) and to

fummon all witnefTes required by either party, to appear at the court of aldermen on

fuch a day as fhall be therein appointed, which fummons, with a true copy of the peti

tion annexed,, fhall be ferved on the defendant ten days before the fitting of the court,

4. And be it further enabled, That the court of aldermen or either of them, may Proceedings in

ifTue warrants to apprehend perfons guilty or charged with any crime or breach |jTMnln<'*

of the peace, and after examination may, if neceflary, commit fuch perfon to jail, or

bind him over to appear at the next fuperior court for trial; at which time the pro

ceedings of the faid court of aldermen, with refpecl to fuch culprit, mall belaid before

the faid court.

5. And be, it further enabled, That the faid mayor and aldermen fhall, in all judi

cial proceedings, have reference to, and be governed by the laws of force in this ftate,

for regulating the judiciary proceedings thereof : and the faid court of aldermen is de- ^"rntl!g0re

clared to be a court of record, and any perfon necellarily going to, being at, or re- j^iS^'la"

turning therefrom, fhall be free of arreft, or any civil fuit.

THOMAS STJEVENS, Speaker of the Houfe of Reprefeniatives.

BENJAMIN TALIAFERRO, Prefdent of the Senate.

Concurred, February i8th, 1796.

'

JAR ED IRWIN, Governor.

i

An aft to revifeand amend an att fuppletnentary to an a&jor regulating the town of Au~ gujla, and amend an att, entitled " An att for regulatingthe town of Savannah and hamlets thereof^ and for other purpofes."
i. ~|I^E IT ENACTED by the Senate and Houfe of Representatives, of the flatf of Georgia in General AJftmbly met, That every owner of a lot in the faid ^;S;in

126

CORPORATIONS AND TOWN REGULATIONS.

city, and every citizen of this ftate, who is an occupier of an houfe,and fliall have re-

fided in the laid city twelve months previous to the day of election of aldermen for the

faid city, fliall convene in fo me place' to be appointed and publicly notified by the

mayor and aldermen now in office, at leait ten days previous to the day of election,

within the faid ward in which they refide, or own a lot as aforefaid, on the firft

Monday in March next, and eleft by ballot one alderman, who fliall be a freeholder

in the faid city, to reprefent them in the city council thereof. Provided, That no

houfe or tenement fliall qualify more than one perfon to a vote.

Two or more justices of the

2. And be it further enaflcd, That two or more magistrates of the county of

county to su perintend the

Chatham fliall prefide at and fuperintcnd the faid election

in each ward, and that one

clettion. or more conftables of the faid county or city fliall attend, for the purpofe of preierv-

ing order at the fajd election.

: 3. And be it further enaBed, That if any perfon mail offer to, vote, who is not a cert*- known to the presiding magistrates to be a citizen of this ftate, and otherwife quali

fied as aforefaid, he fhall not be allowed to vote, unlefs he fliall produce a certificate

from fome court of record, properly authenticated, of his being qualified as fuch,

and having taken the oaths of allegiance, in conformity to the acts of this or the

United States.

Certain dis qualification

4. And be it further .cnafted, That no perfon holding any appointment under this

to oftice. ftate, or of the United States, (except j aft ices of the peace and officers of the mili

tia) mall be eligible to the appointment of an alderman.

To vote.

5. And be it further enaBed, That no perfon holding any appointment under the

corporation of the faid city, and for which he receives a falary or other compensation

for his fervices, fliall be entitled to vote for an alderman during the time for which he

holds his appointment.

,

aionioh'hrsT' ^' ^ nc^ ^e it farther enaffed, That the aldermen which fliall be elected on the firft

MJuolynday in Monday of March next, as aforefaid, fliall hold their appointments until the firft Monday in July, in the year one thoufand feven hundred and ninety-eight, on which

day the perfons qualified to vote as aforefaid, fliall proceed to elect an alderman for

each ward, in the manner and under the reftrictions pointed out in this act, and fliall

annually thereafter, on the firft Monday in July in every year, elect an alderman for

each ward as aforefaid, to reprefent them in the city council, agreeable to this act,

and in no other manner whatever.

Certain powers vested in the

7. And for the better regulating the town of Saint Mary's, in the.county of Cam-

den, Be itfurther enaBed, That the eornmiffioners of the laid town of Saint Mary's

be, and they are hereby vefted with full power and authority to make fuch bye-laws

and regulations as may be neceflary for the good order and government of the laid

town of Saint Mary's: Provided fuch bye-laws and regulations be not repugnant to

the laws and confutation of this, and of the United States.

8. And be, it further enacled, That fo much of the aforefaid acts as militate with this

act be, and the fame are hereby repealed.

g. And be it further enaBed by the authority aforefaid, That the truftees of the town forjn. ni, of Augufta be, and are hereby, authorized and required to make uniform the ftreet.
called Greene-ftreet, by reducing the fame to an uniform and equal width, and to

convey by proper deeds of conveyance to the perfons holding lots on the fouth fide

thereof, between Washington and Lincoln-Streets, the ground lying and being between

the faid lots respectively, and a parallel line to be drawn from the corner at the inter-

fe&iori of Grcene and WaShington-ftreets, to the corner where the faid Greene-ftreet.

is interfected by Lincoln-ftreet on the fouth fide thereof, and to their heirs and affigng

CORPORATIONS AND TOWN REGULATIONS.

127

forever, in fee fimple, in as full and ample a manner, as the other lots in the faid town have been conveyed; the aforefaid lot. holders refpeftively, their heirs or affigns, iirft giving bond with good and approved fecurity to the faid truftees, payable on or before the h'rft day of March, in the year one thoufand feven hundred and ninetyeight, with intereft from the date thereof, for a fum of money which (hall be equal to the average amount of the truftees' or commiflioners' fales of the two fquares of lots, the one laying immediately above and the other below the aforefaid corners, in proportion to the quantity of ground to be conveyed to each lot holder; and the money ariting therefrom mall be, and the fame is hereby appropriated to the ufe of the academy in the faid town; any thing contained in the original plan of the town, or any former aft relative thereto, notwithftanding.
10 and 11 Seftions, relating to Wade Hampton's bridge, repealed by aft of 1800. Jk";;'"^ 12. And whereas a majority of the whole number of truftees of the academy and i*cadcmT> town of Augufta, is found by experience to be too numerous a body to manage and conduft the various branches of buhnefs attached to their appointment, owing to the frequent abfence and change of refidence of members, for remedy whereof, Bf it ena&ed, That from and immediately after the paffing of this aft, a majority of the truftees, aftually being and reiiding within the county of Richmond, (hall, and are hereby declared to conftitute'a board of truftees for the academy and town of Au gufta, with full and ample powers to do and /tranfaft the bufmefs of the fame, any law to the contrary thereof notwithftanding.
iq. And be it further chaffed by the authority aforefaid. That George Walker, efq. Gcorge\vaikcr 1be, andJhI e i-s I heL reby appointedian tru.itee i n thi e room orr bo eabI orn TJones, eirq. wi holhalth tarpupsotianet.e"1* refigned: And that the whole number of truftees for the faid town and academy {hall {^S^'J^*'' not exceed the number now in office.
DAVID MERI WETHER, Speaker of the Houfc of Refrefentativcs. DAVID EMANUEL, President of the Senate. Concurred February 13, 1797.
''JARED' IRWIN, Governor..

An aB fupplewentary to an act, entitled " An act to revife and amend an act fupplemeniary to an act for regulating the town of Augu/la," and to amend an act, entitled " An act-far regulating the town of Savannah and hamlets thereof, andfor other purpofes"

W HEREAS it is required by the afore recited aft, that two or more magif- Prmbf. trat.es of the county of Chatham mail prefide at and fuperintend the eleftions

to be held in each ward,, in the city of Savannah, for aldermen of the faid city, and

the number of magiftrates limited by the prefent conftitution of this ftate may prove

infufficient for holding fuch eleftion without manifeft inconvenience:

i. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the /late o/wayofand ai

G/-i eorgia, i'n/-G en7 er^ al/T AJJ'e7m7 bly met, Trr-Mhat be, and they are hereby empowered and

thi e mayor andiial.dermen for ti he.time bein^g required to appoint managers to prefide at

dermenma
celc wTMs""

*

and fuperintend the eleftions in each ward, for aldermen to reprefent the faid city, at

the times and under the reftriftions of the aforefaid aft.

'

2. And be itfurther enatted, Thatr it fhall be the duty of the mayor and aldermen

of the faid city of Savannah, and they are hereby required to remove, or caufe to be

removed, all buildings, lumber, obftruftions or other nuifances whatfoever, from

the public docks at the ends of the ftreets leading to the river, agreeably to the afts

12.8

CORPORATIONS AND 1 OWN REGULATIONS.

of the late province, now fiate of Georgia, in fuch cafes made and provided, within Jix months from and after the palling of this ac't: Provided, That nothing herein contained fliall prevent die faid mayor and aldermen from erefting, at the expence of the faid city, fuc'h a head as may be ne.cefTaiy, not to extend within thirty feet of low water mark, for the fecurity of the river, by preventing the fand from being wafhed therein, and Heps thereto for the accommodation of paffengers.
DAVID MERIWETHER,: Speaker of ihe Houfe of RcpreferMives, ROBERT WALTON, Prefident, of the Senate.
Affented to February 8th, 1799. JAMES JACKSON, Governor.

An dtffor the better regulating of the town of
HEREAS the town of Sunbury requires regulation; Be it enafled by the. Senate and Houfe of Rcprefenttitives of the Jlate of Georgia, in General AJ-
of the town to
fcmbly met, That on the Second Monday in January^ in the year one thoufand fevers |1S - hundred and ninety-two, and on the fecond Monday in January in every third year
thereafter, the proprietors of lots or houfes in the town of Sunbury$ who mail be of the age of twenty-one years and upwards, ftiall meet at the place of holding courts it! the faid town, and$ under the direction of two o'r more juftices of the peace for the county of Liberty^ proceed to ballot for five; perfonsj each of whom fliall be a pro prietor of a houfe or lot in the faid town of Sunbury^ and fliall alfo be an inhabitant thereof^ and fliall have arrive'd to the age of twenty-cine years$ which five perfons i(ssj0n. fhallbe ftyled commiffioners of the town of Sunbury; And the commiffio'ners fo 'Tc'."' chofen, or a majority of them, fhall meet,on the MOnday next following, and ap point a clerk and fueh other officers as they fliall deem neCeflaryj to carry this act into exeeutionj l?e-iai, z. And be it further enacted, That the eoffimiffiarie'rs fo ehoferi mall have' full pb'wef and authority to make fuch bye-laws and regulations^ and infliQ or impofe fuch pains^ penalties and forfeitures, as {hall be conducive to the good order and government of the faid town. Provided fuch bye-laws and regulations be not repugnant to the laws and conftitution of the Itatej or extending to life or member.
3. And be itfurther enacted, That it ftiall and may be lawful for thfc faid commiffiom ers, or a majority of them, yearly arid every year to make, lay, and alfefsj a rate of aflefi'ment, upon all and every perfon Or perfons who do, or fhall inhabit^ hold, ufe'$ occupy, pofiefs, or enjoy any lot, ground, hdufe$ building, tenement or liereditaraent, within the limits of the town of Sunbury,r for faifing fufch fum or fums bf mon ey, as the faid coramiffioners, or a majority of them, fliall judge neceffary for, and to wards carry ing this aft into execution ; and in cafe of a refufalor iiegleft to pay fuch rate or atfeifment the fame fhall be levied and recovered by warrant of diftrefs and fales of the offender's goods, under the hand aijd feals of any juftice of the peace for the county of Liberty;
4. And be it further endffed, That the perfo:ns fo chofen'to be Uie'cornm'iffidners of the town of Sunbury, be, and they are hereby appointed to be commiflioners to fuperintend the pilotage of the port of Sunbury >* and alfo have, and are hereby veftecl
* Repealed by aft of 17974'

CORPORATIONS AND TOWN REGULATIONS.

129

with the power and authority of juflices, fo far as to keep the peace, and prefervc 4"/iS:**

good order in the faidtown.

WILLIAM GIBBONS, Speaker of the Houfe of Reprefenf.ativ.esl

NATHAN BROWNSON, Prejidcnt of Ike SenAtfr

EDWARD TELFAIR, Governor.

.

December 8} 1791.

sa

An ordinance for empowering commiffioners to fix on a, place convenient for it feat of government, and to erefl public buildings thereon.

i. IDE IT ORDAINED by the reprefentatives of thefreemen ofthe/ldte of Geergia fco,TMmsioteH

_j in General Affeinbly met, and by the authority of the fame, That Nathan Brown- flxponniepu&

Fon, William Few and Hugh Lawfon, efqrs. ftiall.be commiffioned and appointed, governTMTM&

andthey^ or a majority of them, are hereby authorized, and empowered, to proceed "

and fix oh a place which they may think molt proper and .convenient, for creeling of

public buildings, and eftablifhing the feat Of government and theuniverfity. Provided,

The fame iliall be within twenty miles of Galphin's old town; and the faid commif-

fioners are hereby authorized to appropriate any public lands, or to purchafc, or ^utilollzed tj

otherwife procure^ in behalf of the ftate, a tracl of land for that, purpofe., which fhall S'Siucrc-s,

hot exceed one thbufand acres, and-to lay out a part thereof in lots', ftreets and alleys, townaTMTMd

\vhich.mall be known'by the name of Louifville ; and after referving a fufficient quan- HavlnEraer-

tity of land for the ftate-houfej univcrfity, and other public buildings-,'to fell the re-^ypeii the0"*

mainder of the lots, or fo many as they jfhall judge moft conducive to the public iii-Bovlrnmcnt-,

tereft; and alfp to fell the government-houfe and lot,in the town of Savannah, and 1TM1"-''"."1 "

the money, arifing from the fale of the faid hbufe and lot, fhall by them be applied to ^rcJ^,' taP'

the fole purpofe of pay ing for the aforefaid land, and creeling the faid public buildings : S^rea'tan "f

and the faid Nathan Brownfon, William Few, and Hugh Lawfon, or a majority o f tliestate'ho"sc'

them, are hereby veiled with full pdwer to bargain, fell, and convey the faid govern-

ment-houfe arid lot, together with the houfes an* lots in Louifvillei fo as aforefaid t'o

be laid out, with the appurtenaneesj and to take bonds in their own narhes, and to their

fucceffors in office;, and; On receiving full payment, to convey to the pur'chafer or

purchafers thereof, and make a fufficient title in feefimpleto the fame, which fhall be sbaii mate u-

held and confidered as good and valid in law or equity.

tles othelori-

2. And be it further ordained^ That the faid eommiffiohers fliall^ before they enter ^^{""^

bn the bufinefs aforefaid, give bond and fecurity to his honor the governor, for the'akea" oatu'

clue performance thereof in the penalty of fix thoufand pounds, and fhall^ before him

take the following oath. u I, A. fe. appointed a cOmmiffioner to fix on a place moft t-orint'iersa

convehient for a feat of government^ and for creeling buildings thereoh, do folemnly

{wear, that I will faithfully difeharge the duties required bf hie by .lawj to the heft of my

Ikill and judgment, for the intereft bf this ftate^ and the cbnveniehce of the inhabitants

thereof. So help me God." And the faid cbmmiffioriers fhall receive.compenfa-

tion for their expences while oh aclual fervite. Provided the fame does nbt exceed

two dollars each per day.

3. And 'be it orddined by the authority dfor'ef&id, That the'place of the itieetirig of Andfcceira

the legiflaturej the refidence of the governor) the fecretary, treasurer, furvevor ge- c

R

130

CORPORATIONS AND TOWN REGULATIONS.

ySysJatSr neral and auditor fhall be at Augufta, until the ftate-houfe and other public buildings government, fa^}} be ereled; and the next meeting of the Jegiflature thereafter fhall be at Louid-
ville.
WILLIAM GIBBONS, Sf taker. Augufta, January 26, 1786.

An aHfor the letter regulating the town of Louifville.

Preamble. Commissioners

i.

T

7C

7HEREAS

the

town

of

Louifville

requires

regulation;

Be it therefore enatt-

appointed,

V V ed by the Senate and Houfe of Reprefentatives ofthejtate of Georgia in Ge

neral Ajfembly met,., and by the authority of the fame, That the following perfons, to

wit, Dr. John Powell, John Berrien, Chefley Boftwick, John Shelman and Mi

chael Shelman, efqrs. be, and they are hereby appointed commiffioners of the town

of Louifville, and that they, or a majority of them, fhall, immediately after the

paffing of this aft, convene, and proceed to the appointment of a clerk and fuch

other officers as they may deem neceffary to carry this aQ. into execution.

Th.irj.ewen. 2. And beitfurther enaffed,. That the faid eornmiffioners fhall have, and "they are

hereby veiled with full power and authority to make fuch bye-laws and regulations,

and inflift or impofe fuch pains, penalties and forfeitures, as {hall be conducive to the

good order and government of the faid town of Louifville: Provided, That fuch

bye-laws and regulations be not repugnant to the laws and conftkution of the fiate,,

and that the pains, penalties and forfeitures. aforefaid, fhall not extend to life or

member.

DAVID MERI WETHER, Speaker of the Houfe of Reprefentatme.^

DAVID EMANUEL,.Pr^wi of the Senate,

Aflented to January 31, 1798.

JAMES JACKSON, Governor.

'

An act to confirm and make -valid, all titles to certain lotsfold by the commiffioners of the town of Louifville.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the /late of Georgia, in General Ajfembly met, "and it is. 'hereby en&Eled by the authority of the fame, That in all cafes where lots have been fold by any former commiffioners of the town of Louifville, and titles have not been made and executed, it fhall and may be lawful, and the eommiflioners herein after named, or a majority of them, arevefted.. TOes>>wo> w jt|1 fu]} pOWer and authority to make and execute titles in fee firnple, to iiich purchafers, or their legal veprefentatives, for the lot or lots in fuch fituation, 2. Be it further enabled, That Michael Shelman, Zachariah Lamar and Daniel Sturges be, and they are hereby appointed coinmillioners of the town of Louifvillcj 'vefted with full power and authority to carry this act into full effecl.
DAVID MERI WETHER, Speaker of the Houfe of Rep'refentatim^ ROBERT WALTON, Preftdcnt of the Senate. AfTented to February 15, 1799. JAMES JACKSON, Governor,

CORPORATIONS AND TOWN REGULATIONS.

13.1

An act to ejlablifh. the town of Wrightfborough in the county of Columbia, and to fecure

the .inhabitants thereof in their rights to certain lands appropriated for their benefit.

i. TJ E IT ENACTED by the Senate and Houfe ofRepresentatives oftheflateofGeor- Tom, and

JLJ gia in General Ajff'embly met, and by the authority oj thefame, That all that traft WHEW*"'

or parcel of land, containing one thoufand acres, which was ordered to be furveyed S^S"

by the governor and council, on the feventh day of February, one thoufand feven go" luns '

hundred and fixty-nine, fituate, lying and being in the then parifh of St. Paul, now

county of Columbia, fhall be, and the fame is hereby fet apart for public purpofesj

agreeably to the true intention and" meaning of the aforefaid order; and the faid one1

thoufand acres of land'fhall in future be held, deemed and confidered as the town

and commons of Wrightfborough, any law to the contrary notwithstanding,

2. And be ik further enabled by the authority aforefaid, That the commiffioners of commissioner.*

the town and common of Wrightfborough fhall be, and they are hereby authorized ikTMK"lhiS-

and empowered to lay out, agreeably to the original plan of the faid town, one acres tatoioS.

hundred and fifty acres of land into lots and ftreets, including the lots and ftreets al

ready laid out, and from time to time thereafter, expofe the whole, or any part of the And expose

faid lots of land to public fale, firft giving twenty days public notice of fuch their in- laieTMponptTMa-

tention. Provided neverthelefs t they the faid commiffioners fhall not be authorized tyd*y"mUc<: '

to fell, or otherwife difpofe of fuch lot, or lots of land in the faid town, that have at

any time heretofore been difpofed of, agreeably to the true intent and meaning of the

aforefaid order, and they the faid commiffioners fhall be, and they are hereby authori

zed and empowered to convey unto any perfon or perfons, who may or fhall pur^ AndraA(. M_

chafe any lot or lots of land in the town of Wrightfborough in purfuance of this aci, tc1f)* strjh': i'BW

or title in fee fimple for the fame.

3. And be it further enacted by the authority aforefaid, That the commiffioners in ^TMf7i4u"

purfuance of this aft fhall be, and they are hereby authorized and empowered to difpofe TMTMcrfTMfTM

ofthe whole, or any part of the remaining unappropriated eight hundred and fifty acres Yfim'

of land, to the ufe of a common for, and in behalf of the lot holders in the town afore

faid, or by laying out the fame in lots of fuch fize as they may deem proper, not ex

ceeding fifty acres each, and leafe the fame from time to time, not exceeding five years at

any one time, on their giving public notice as aforefaid ; and the faid commiffioners

ihall apply all fuch monies as they may receive in purfuance of this aft, towards ereft- JJTMef *risil|e

ingand fupporting a ferninary of learningin the town of Wrightfborough, and they fhall Odand'TM0-

from time to time, not lefs than once in two years, deliver unto the grand jury of their 5?i^Sg"*1^

county, a fair ftatement of the receipts and expenditures of all monies which they fhall yeSlyT"'*

receive or expend in purfuance of this aft, and the grand jury of fuch county fhall ex- r^S^and'

prefs their approbation or difapprobation, on the conduft of faid commiffioners. bcfbredire*

4. And be itfurther enacled by the authority aforefaid, That Thomas White, Wil-^nwo?*^

liam Smith, JeffeBull, Joel Cloud, and Nathan Jones, fhall be, and they are hereby cpmra""oni:W<

appointed commiffioners of the town and common of Wrightfborough, to continue

in office until the fecond Monday in May, one thoufand eight hundred and one, on SeiincomS!i"

which day the lot holders, in the town and common of W-rightfborough, fhall affem- shaiibeeie<

ble in the faid town and eleft five fit and difcreet perfons as commiffioners for the faid tSeSridS

town ; and they the faid lot holders fhall, on the faid fecond Monday in May in eve- day '* Mai%

ry fubfequent term of two years thereafter, in manner and form a aforefaid, eleft

commiffioners for the town and common of Wrightfborough.

DAVID MERI WETHER, Speaker of the Houfe of Refreferitativei, .

ROBERT W ALTON, Prefident of the Senate. '

Aflented to February 16, 1799.

JAMES JACKSON, Governor.

!

132

CORPORATIONS AND TOWN REGULATIONS.

An act for laying out the referve land in the town of Augu/la into acre lots, the erecting an academy or feminary of learning, andfor other furpofes therein mentioned.

"HEREAS the legiflature, taking into confideration the advantages that mud

neceflarily refwlt to the ftate from the encouragement of the town of Augui'-

ta, did, in January feffion, one thoufand (even hundred and eighty, pats an aci for

the laying out the referve of the public land in and near the faid town into acre lots,

and directed the fame to be fold at public outcry, under fuch reftriftions as were there-

TermsofMie in particularly fet.down and mentioned: And whereas the faid lots were laid out and

onyso'nouie' fold, but the laid reftriclions not being complied with, the faid fales are become null

this"idiotsV and-void, and the lands are again vefted in the ftate: And idhereas the fame reafons

aSte! " "" continue for the encouragement and enlargement of the faid town of Augufta: Be

it therefore, enacted by the reprefentatrues of the freemen of the Jlate of Georgia, in

General Affembly met, and it is hereby enacted by and with the authority of the fame,

Amicdmmis; That from and immediately after the paffing of this afit, George Walton, Jofeph

t^tViav^off Panne'1, Andrew Burnes, William Glafcock and Samuel Jack, efqrs. who are here-

^w'cagain. by declared and empowered as-eommiffioners for carrying the fame into execution,

(hall, and they are hereby required to caufe the (aid lands referved as aforefaid, to be

again laid out in acre lots, and to proceed to the fale of the fame by public auclipn

to the higheft bidder, the (aid eommiffioners firft giving three months notice of fuch

(ale, under fuch reftritlions and terms as are hereafter particularly laid down and

mentioned.

-.

Tcrsuofsak. . 2. And be it further enabled, That the terms on which fuch lots {hall'be fold and

dii'pofed of, (hall be one fourth of the purchafe money cafh, one fourth payable in

one year, and the other two fourths payable within three years thereafter, fuch pur-

chafer giving bond and fecurity for payment of principal and the intereft from the

date, at the rate of (even per cent, per annum, with proper mortgages of fuch lots

in cafe of failure in payment as aforefaid.

TO bund there- g. And whereas the fettlement of the faid town is a great object with the legiflature;

*I-vStedsin ^ ^ e it further enacted, That every fuch purchafer as- aforefaid (hall, and he is hereby

thetutt. required, as a part of the terms aforefaid, within the (pace of two years, to build or

caufe to be built a tenantable brick, ftone or frame houfe, not lefs than fixteen feet

by twenty-four, on fuch lot or lots he may become poiTeffed of by fuch fale, and in

default whereof, fuch lor or lots (hall, and they are hereby declared to revert to and

become again the property of the ftate.

4. And -whereas a 1 feminary of learning- is greatly neceilarv for the inftruHon of

one lot reez-
churchlmA

u

.

ouryouth,

-.

,

J

and ought to be one oi

<->

.

/

the nrit objects 01

attention,

.
atter the -promotion

tfesfrpub'lc of religion: Be it further enatted, That, after the faid eommiffioners have referved

one of the firft lots for building a-church or houfe of worfhip to the Divine Being,

by whofe hleffing the independence of the United States has been eftablifhech anci

wonies.arising a Teferve of ten other principal lots for public ufes--the monies arifing from fuch

*ro^rtoniTM" fales, after defraying the charges for building faid church, mall be, and they are

pait aachwch hereby vefted in the hands and power of faid eommiffioners named as aforefaid, as

and seminary
of learning,

>
trultees for the purpoic or

carryi.rng into executi,on the i. ntenti.ons or

.
this lav/,

i /
and tor

ereBing an academy or feminary of learning as aforefaid, their heirs and fucceffors

. . .in office forever, in truft for the fole ufe of the (aid church and academy or feminary. tCicofmrmSeis^sieo'ntehres 5' ^^i i e l't jrurlliier enactedi, That the faid eommiffioners, on-thi e fi ales n and reitnc-

i,"ydlaandmty t'ons atorcfaid being complied with, (hall be^ and they are hereby authorized and

\cwrMi.at empowered to give titles as amply and fully to fuch purchafers, as truftees aforefaidj

CORPORATIONS AND TOWN REGULATIONS.

133.

as the faid ft ate poffibly could or might do, and in their name and the name of their fucceffors in office, to receive fuch monies, both principal and interest, arifing from
fuch (ales, or the loan of any part thereof, and the fame to lend out again at intereft, orotherwifc difpofe thereof, as the faid commifiioners or a majority, their fucceffors or a majority of them, (hall think molt advantageous to the fund of the faid church
and academy, or feminary. 6. ^M^g z';/?V&r gaf?((Z, That the faid commifiioners fhall yearly and every siuiirmda
vear render a juft and true account of the fund of the faid feminary, to his honor c5o%,: t/he gov. ernor aJnd. executi.ve counc.il..for exami.nati. on, andi iTt rroundi< by ithem gui-1lty oirfuTMttdv"c",wticmcxmalpractice, fuch offending commiflioner or commifiioners fhall be difplaced and ^,JTM ""'-
Others appointed for that purpofe in his or their room. /. ^^<;^y^Agrg^^, That the faid commifiioners fhall be, and they areS^'3
hereby authorized and empowered to erect on one of the faid lots, or purchafe from 2y^!2"*" the falesof the fame, fbme (pot convenient for that purpofe, a building commodious'"" and proper to anfwer the intentions of this act, as an academy or feminary as afore faid, and to enter into fuch contracts for erecting the fame, as may be thought molt advantageous for the faid fund by a majority of the faid commilfioners; and further to procure and agree with proper matters andprofeffors for the ruling the fame, and to inltitute (ucb. bye-laws, for the increasing the faid fund, and better governing the (aid .feminary as to the (aid commifiioners may appear beft adapted.
8. JM^ ^ /MfVAer gmzfZe^ 6y (Ac m^Aorz(y a/brf/ai^, That,the public ferry at the %t^7 .town of Augufta, fhall he under the direction of the commifiioners aforefaid, fubjecf'"^""'' to fuch regulations as are or fhall .be e(tablifhcd by the legiflature.
g. yj%j %uAerMJ in a^nd by the faid law paffed at Augufta as afbrefaid, a town was iH%"^"''" ordered and actually laid out in the county of Wilkes, at a place called Wafhington, wtc<,nty. under fuch reftri$:ions as were likewife therein laid down, but the fame was not com plied with, and the faid lots are in like manner reverted. -Be ^ /^r^Aer f(?<f?ej, commi^oncm That Stephen Heard, Micajah Williamfon, Robert Harper, Daniel Colcman and j^%%{^" Zachariah Lamar, efqrs. fhall be, and they are hereby appointed commiffioners fbrwi"L carrying th. e i.ntenti.ons orr thi e ileg-uniature in th< .ati ni<ti ance i nto execution, and11they are^Mi'n%e ten^TM%M ' hereby required to caufe to be laid and admcafurcd out, likewife in the faid town, [,,^%^ acr.e lots as aforefaid,.to be fold on fuch terms as are herein before contained and laid 22o|mrpo. down for the lots in the faid town of Augufta, and to receive fuch monies for fuch (ales, into their hands, or the hands of their fucceffors in.office, and apply the fame towards a free fchool for the faid county, and lo erect a proper building for the faid fchool in the faid town, and the overplus, after erecting a church, to be referved and applied as a fund for the faid fchool, in the hands of the faid commifiioners and their fucceflbrs in office forever, as truftees for the fo)e purpofe of carrying this law into execution, they the faid commifiioners to be liable to all and every examination thesuycatbtiia commiBoners fbr the Augufta academy are by this act (ubject to; and in the fameTM^Z% manner the faid commifiioners, or a majority of them, their fucccffors in office, orrTM'Y7% a majority orr tinem, are iherebi y trulniy empow'eredi to give frulnl an'di ampl1e -t1 itles on hA ic, hth^en^ch^oo*lnm^l iales for lots in the town of Wafhington, and the monies and funds in like manner ^^2"^ .to place but at intereft, as to them fliall likewife appear molt advantageous; andpror per mafters to engage for ruling the faid (chool, and bye-laws to inftitute, and con tracts to enter into for the building the (aid church and fchobl. 10* y4M^^<:^yMr;Aeye^g^, Thatonthedeath, neglect or refufal to act, or fuf-^TM|^^'= penfion of any, all or either of the faid commifiioners or truftees herein named, others ^'ji^niy Aall be .appointed by his, honor the governor and executive council, to fill up the va-^^""''-

134

CORPORATIONS -AN6 TOWN REGULATIONS.

cancy; and that fuch fucceflbr or fucceflbrs fliall be,- and he and they hereby is and

are fully inverted with all the powers of his or their predeceffor or predeceflbrs in of

fice, and he or they fliall be liable to all and every the examinations before mentioned

Accounts to ' and contained; and that the laid commifiioners and their fucceffors {hall render in

tendered on oath.

^^ ac;coun ts upon oath, and produce proper vouchers, and mall be allowed a clerk

Aallocwleerkidt'o0Jibteh for keeping the accounts and tranfaflions of the faid trufteefliip, who {hall be paid

mpsSion. fuch falary as the faid truftees may think adequate to this fervice, out of the faid funds.

commissioner* n. And be it Knatted, by the authority aforefaid, That from and immediately after

lay out a town the paffing of this aft, Thomas Lewis, fen. Thomas Lewis, inn. John Duhart, EdBcaurrekdc^Woiamyities- wafd" TelfOair andi Johi n J ones are hi erei by di eclai red l andi emp' owi ered as commiiririoners

feiit not0eTcee f r carrying into execution the intentions of this ael, for laying out a town on the referve of public land in the county of Burke, into acre lots, and difpofing of the

bdmgs c fame at public outcry, and the monies arifing therefrom to be applied to the purpofe

of creeling the neceffary buildings in the faid town, to be known by" the name

of Waynefborough; the faid commiffioners not to difpofe of any number that fliall

exceed two hundred lots, fubjeft to fuch reflriffions as herein before contained and

declared for the better regulation of the town of Augufta, in the county of Richmond.

i-hc governor 12. And be it further enacted. That his honor the governor and executive council tmhoayusagnradnatctrweso ihalil, .be empoweredi to grant to thi e lraidi truintees tror carrying th1i-s1law i nto execution,

trusts^ of the
academy.

and for the fole purpofe and intereft of faid academy, fuch land, they may appliy fc-or, not exceedTing thi e quantity orr two

traft, or trafts of vacant thi ouirandi acre" s.

cnresforTifed 1 3- -And be itfurthcr enatted) That on application of the commiffioners aforena-

rned for the town of Washington, his honor the governor is hereby empowered to

pafs a grant for fuch traft or trafts of vacant land, not exceeding one thoufand acres,

for the fole ufe and purpofe of the faid free fchool in the faid town.

1 4- And be it Jurther" enaBed, That on application, of any perfon or perfons duly

h comity, authorized by the refpeclive counties, his honor the governor fliall be, and he is here-

by likewife empowered to grant one thoufand acres of vacant land for erecting free

fchools as in the above town of Washington.

?ui>;scaa. 15. And le it-further enabled, That thisaft fliall be a public afl, and given as fuch

in evidence.

WILLIAM GIBBONS, Speaker.

Augufta, July 31, 1783.

An oM to enable the truftees of the Richmond academy to leafe out the commons of Aygujlafdn&for other furpofes therein mentioned.

preamble. \ 71 THERE AS the clearing and cultivation of the flat lands fouthward of Auguf-

VV ta 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 inhabitants are generally defirous that the

commons fliould be leafed, Be it therefore enacted by the Reprefentatives of the freemen

'oftheflate of Georgia, in General AJfembly met, and it is hereby enatted by the authority

the commn of of the fame, That from and immediately after the paffing of this a6l, it fliall and may

saecvreeuaiyteiafrcsr,hve

be lawful ^^g Qj-

for ^&

the truftees of faft commons,

the Richmond academy, to in lots not exceeding five acres

leafe out any part, or the for any term not exceeding

feven years, the rent of which to be confidered as part of the funds of the faid academy.

CORPORATIONS AND TOWN REGULATIONS.

135

2. And be it further enabled, That the faid truftees fhall be alfo empowered to lay SioT^fth?1 out and fell the public land on the lower part of the town, in lots of any fize lefs than thTtown. 0 an acre, upon fuch credit as they may deem proper; as well as another row of lots on And^mwof the common to thefouth of", and adjoining the fame; and that the fales of lots here- =TM0TMtnh to
tofore made, of more or lefs, than an acre, be confirmed. And the faid truftees are Andt0!elllot, hereby direfted to proceed to fell again, all fuch lots as fhall not be complied for, TMted to agreeable to an aft of aflembly, within twelve months from the pafiing of this, and the exprefs terms of fale.
3. And be it further enacled by the authority aforefaid, That the faid board fhall have n^u*s power to carry into execution in the town of Augufta, the fame regulations and ^^^ powers as the commiiiioners of the town of Savannah, may lawfully do there, lhat two members be added to the board of truftees for faid academy.
. WILLIAM GIBBONS, Speaker. Augufta, Auguft 14, 1786,

An-aft to authorize the truflees of the town of Augufta to make uniform the Rroad-Jlreet of the fame, and to give relief to certain lot holders therein; and aljo empower the faid tru/lees to appropriate one of the public lotsfor the ufe of a meeting^houfe or houfe of worfhip in the faid town, andfor other purpofes.
i. T If THEREAS it is reprefented to this General Affembly, that the lot holders of V V the north fide of Broad-ftrcet, in the aforefaid town of Augufta, fituate eatable,
in that part of the town lying being Wafhington and Lincoln ftreets, fuffer great inconvenience from the extraordinary width of the faid Broad-ftreet, the fame being iixty-four feet wider there than above arid below them: for remedy whereof, Be it enabled by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in Gene ral Affembly met, That the truftees of the faid town of Augufta be, and they are Broad-street in hereby authorized and required to make uniform the aforefaid Broad-ftreet, by redu- mSe'lmifo^ cing the fame to equal width, and to convey by proper deeds of conveyance to the perfons holding lots between Wafhington and Lincoln ftreets, and on the north fide of Broad-ftreet as aforefaid, the ground lying and being between the faid lots refpectively, and a parallel line to be drawn from the corner at the interfeclion of Broad and Wafhington ftreets, to the corner where the faid Broad-ftreet is interfered by Lincoln-ftreet on the north fide thereof, and to'their heirs and affigns forever, in fee fimple, in as full and ample a manner as the other lots in the faid town have been conveyed, the aforefaid lot holders refpeftively, their heirs or affigns, firft giving bond with good fecurky to the faid truftees, payable on or before the firft day of March, one thoufand feven hundred and ninety-feven, with intereft from the date thereof, for a fum of money which fhall be equal to the average amount of the commiffioners' fales of the two fquares of lots, the one lying immediately above and the other below the aforefaid corners, in proportion to the quantity of ground to be con veyed to each lot holder, and the money ariling therefrom fhall be, and the fame is hereby appropriated to the ufe of the court-houfe and jail in the faid town.
2. Whereas by an afl. of the General Affembly, entitled " An act for the more fpeedy and effectual fettling and ftrengthening this ftate," it is enacted, among other thingsf that the comraiffioners of the town of Auguita, or any three of them, fhall

136

CORPORATIONS AND TOWN REGULATIONS.

refervetwo of tliebeft lols in the centre line of the faid town, and diftant from eack

other, for houfes of public worfhip : And whereas -the fame hath not been carried

fully into effect, and inafmuch as the free and uncantroled cxercifc of religious wor-

fhip is among one of the greateft bleffihgs which a free people can enjoy: Be it there.

fore further enabled by the authority aforejaid, That the truftees of the aforefaid town.

lot appro- of Augufta b'e, and they are hereby authorized and required to appropriate one of

Je of prSiic the public lots within the faid town, to contain at leaft one acre of ground, and to

ke j tuate(j as conveniently as may be to the inhabitants thereof, for a houfe of pub

lic worfhip to die Divine Being, by whofe bleffing the independence of the United

States has been 'eftablifh'ed; and that the faid truftees do, by proper deed of convey-

ancc, convey unto Cornelius Dy fart, Samuel Jack, Dennis Smelt, Ifaac Herbert,

James Pcarre, John Springer and Moles Waddel., and their fucceffors forever, the

aforefaid lot of ground for the fole ufe of the aforefaid inftitution.

incorporated. 3. And be it further enaBcd^ That the faid Cornelius Dyfah, Samuel Jack, Den

nis Smelt, Ifaac Herbert, James Pearre, John Springer and Mofes Waddel, fhall

be, and they are hereby declared to be a body corporate^ by the name and ftyle of

" The truftees of the Augufta Meeting* Ploufe," to have and to ufe a common feal,,

with power to fue1 or be fued'j plead or be impleaded, and may acquire, have, hold and

enjoy real and perfonal property, for the ufe and benefit of the aforefaid corporation.

vacancies how 4. And be 'it further' enattcd, That all vacancies' which may happen in the laid cor-

lllca' poration by death, resignation or ;oth'erwife$ in the recefs of the legiflature, fhall and

may be filled Up by their own body, until the meeting of the next legifla'ture thereafter.

Trustee* ot AU- 5. And whereas the aforefaid town of Augufta^ hath lately fuftained cotiiiderabks

S*oc"SST injury by the inundation of an extraordinary flood [ of water in the Savannah

'crefiSiii river, and which was confiderably heightened by the direction of the current im*

mediately againft the town ; for remedy whereof, Be 'it enabled by the authority afore

faid, That it fliall and may be lawful for the truftees of the aforefaid town of Auguf

ta, to eftabliih a lottery, -within eight months from and after the paffing of this afi, un->

der fuch fcheme, regulations and reftriclions, as the faid truftees may deem moft ex

pedient,; fully to effecl the end of completing one or more fufficient pier or piers 5

in fuch part or parts of the river as will, in their judgment, moft effe8;ually di

vert the current of the fame from off the faid town 5 Provided^ That fuch piers fhall

not obftruQ. the navigation of the faid riven

.,

Thomas cirtri-- 6i And be further enabled, That the exeeutive appointment of Thomas;Cummingj

flJeTasfrusT^efq. as one of the truftees of the town of Augufta, in the room of John Milton efq^

Addmml'sf' relignedj be, and the fame is hereby ratified and confirmed ; and that, Abraham

Joi'ffi,"1'" Jones, Samuel Jack and Auguftus Baldwin, e'fqsj be arid they are hereby added td

the lift of truftees for the faid town of Augufta.

THOMAS STEVENS, 'Speaker of the Houfe, of Reprefentatives.

BENJAMIN TALIAFERROj Prejident of the '

Concurred February 18, 1796.

JARED I'RWINj Governor* .

,

AndEt to incorporate Aiigujla; and improve thepiiblic roads in the neighborhood thereofi
"HEREAS from the extent and population of the town of Auguftaj its grow ing impoTta-ncCj both with refpecl to increafe of inhabitants and difiufive

/CORPORA? IONS AND' f'OWKJ

tam'merce, it is indifpenfibly neceffary that many regulations mould be made, for the

prefervation of peace and good order within the fame. And whereas from the many

weighty and important matters that occupy the attention of the legiflaturej, at their

- general meeting^ it lias hitherto been found inconvenient'$ and may hereafter become

more fo, for them to devifcj confider, deliberate'dri, and determine all fuch laws and

jregulatioiis, as emergencies or the local circumftances of the laid town may from

time to time require;

,

'

' i, Be it therefore ttiu$ed\ That from arid immediately after the paffirig of this ^^"0*

at, all perfons citizens of the United States^ and refidibg" one ; year 'within the faid

town, and having a free-hold brleafe'for years, of a lot within the'fame or the vil

lage of Springfield, or between the Taid viilage^arid fhall be deemed and they are ^^ ^

'hereby declared to be,j a : body politic1 and; corporate; and the faid town fhall hereaf-&ndstyte'drf[t.

ter be called and known by the name of the " City df Augufta^" and fhall be divided

into the following diftrifts, to wit;, all lots fituate below the crofs ftreet, running from

i'.the river Savannah between the market-houfe, and the houfe of Mrs. Fox, to be cal-

.' led;1 arid known -'by diftricl numbed one,' all the lots between the laid ftreet and the crofs

ftrbet runnirig frorh the1 faid river, 1 between, the houfe of Mr. Andrew Infiis and the

houfe occupied by Colliri Reed arid Co. to be called and known by diftrifil number

two, arid all the lots above that ftreet., including the village of Springfield, fhall be

called and known by diftrift number three;

=

, ; !(

2. And be it further en'aSed, That any three jufti'ces of the peace for the County ofKieaioiiaed

Richmond fhali, within fixty days after the piaffing; of: this aftj give ten days public m!?nlb!!Sjt!i

Snotiee^ 'that two members are to be chofen for diftncl; number one, three members ciyc" K '

for diftricT; iiumber two, and two iwembers fbr diftril number threc,to reprefent them

' in ;city council^ whdfe''qualification fhall be the fa'me as that of a member to the Houfe

! bf Repfefehtati'ves of the ftate legiflaturej and that all free white perfons refiding in

each diftriftj being citizens of the-United Statesj a'nd! refiding one year within the laid

town, and having a free-hold or leafe for years of a lot therein as aforefaid, fliall be

entitled tb;Vote for member's for th'eir.refpective diftrifts; and'they fhall allb notify,the

4iri1fc arid place when and where the eleftion is to be held for; each difiriftj and appoint

^proper perfons to tpndiift 'tlie'Fam'ej and the faid perfons^ when the election is clofedj

;fliall itiak'e a return to the faid juftices of the perfons chofen members ! df the refpec-

tivediftrifts, arid the faid juftices fliall give ttotice to the feVeral perfons of their ap

pointments refpeftively; and fummoh them to meet together at arty time and place,

\yithin three days after their, eleclion^ for the purpofe of .taking the bath of bffice^pre- : .

'fcrib'ed-'by this-'law^ which'oath may be' ; &dminiftered by any jiiftke of the peace, or

onewa'rdeirto another:'Prdv'fded thi;efe 'be prefent at the time 6f\a'dinirrifte'ring' the

Tame, and fliall be : in ;;t,he wHrds;foirbwing;'; U: Ij A. B. do folefhnly fwear, that I Theiroaife.

t-will^ to the utmoft of my power, Tupport^ advance^ prbte'6l arid defend the good

order, peace and welfare of thk tky of AuglVfiaV arid its inhabitants -, and I will faith

fully demean myfelf in the office of intendant (or member of the'city-council, as the

cafe may be) for the faid city, acc8rdirig'to: the bye-laws arid regulations thereof, *<> :";;".-;

the beft of m'y4kill-a'ndjud:gmeht ; I do I'W^ar/ t)iat j will fuppolt'tihe conftittition of ;

-thii : ftate' V I ;d6 alfb ' fweat that 'Twill fupport the'cdnftit'ution 1 of ihe1 United. States."..

-:

'" s'v -And'-be it'fu,rther leritic'ttdj That :when"fiVe or'more of the. faid members fliallEieffionana ,Vna"y"f'e'rn et andi qual!m-ed>i ai-s ari-breiraidi, thi ey mn al1l1; wi thi in thi ree di ays af,-ter -.ffuch their qua-'qualif'icat'ion or

lification,--give five (fays''pu'blhf notice, that an intendant of the city is to be chofen

by the members of the-city couiicity either from among'their own body, or the citi-^

i$

CORPORATIONS AND TOWN REGULATiONS.

zens of the faid town pofleffing the qualifications of a member as aforfefaid; and at

the time mentioned in fuch notice, the faid members (hail meet at the cowft-houife in

the faid city, and vote for fuch intendant. And when fiich intendant -ihall be chofen

he fhall take the oath above inferted, in the prefence of any two or more-of the mem

bers, after which he may qualify fuch members as were not before qualified, gridif

any member mould be ,chofen intendant, he together with the members, (hall fill up

renews., fuch vacancy until the next annual eleclion. And the faid intendant fhall and may,

as often as occafion may require, fummon the members to meet together in city coun-

cil^ any five of whom, with the intendant, fhall be known by the name of, and they

fowcTsonhe are hereby declared to be, " The City Council of Augufta." And they aftd their fuc-

'"'"' ceffors.-hereafter,,to be appointed fliall have a common fealj and mall be capable in

Jaw to purchafe, have, hold, receive, enjoy, poffefs and retain, to them'and their

fucceflbrs in office, for the ufe of the city of Augufta, in perpetuity, or for any term

of years, any eftate or eftates, real or perfonal meffuage, lands, tenements or here

ditaments of what kind or nature foeves:, within the limits of the faid city, and to fell,

alien, exchange or leafe the fame, or any part thereof, ,as they ihall .think (proper;

and by the fame name to fue and be fued, implead and be.impleadedj, anfwer and be

anfwered unto, in any court of law oar, equity in this Hate;fandthey mall alfo.be'veil

ed with full power and authority, from ; time to time, under their; common feal, to

make and eftabliih fuch bye-laws, rules and ordinances refpecling the harbor, ilreets,

public buildings, work-houfes, markets, wharfs, public houfes, carriages^ waggons,

carts, drays, pumps, buckets, firerengines,, the care of the poor, the regulation of

dilbrderly people,. negroes,. ;and in general every .other by:e-law or regulatipn.that ;fhail

appear to them requiutq.and neceflary for:thefecjLirity, .welfareand convenience..of the

faid city, or for prefervjng peace, order and good governmentiwithin the fame1; artd

the faid city council fhall alfo be veiled with flill power and authority to make fach

aifefiments on t)ie inhabitants of Augufta, or thofe who hold taxable property within

the fame, for the fafety, benefit, convenience and advantage of the faid city, as fhall

appear to them expedient; and to affix and levy fines for all offences committed againft

derSdo'thn tne bye-laws of the faid .city ; and they a,re hereby, alfo authorized to appoint a ;clerkj

MlcSar"cdsfi" treauarer harbor mafter, lire mafter, marfhal, .conftables,, and all fuch other offic-errs

and fees. (affixing {he falaries and fees of fuch officers -refpeQivqly.) as ; fliall appear to ; .them^re-

quifite and neceffary, for carrying into effectual execution all the bye-laws, rules, and

ordinances they may make, for the good order and. .government of the ,faid city and

mit*oebe-e tue perfons reiidingjtherein.^Pro-az^e^, That nothing herein, contained fhall authorize

.:iOTcd. .jjjg cify,Gpuncil.to.1 reiin:ove OT.alter the place for the. public, marke;t-hou'fe-within:the;fajd

city, but the one n^ow ellablifhed may, be enlarged or> extended,, as the conveniencfi-of

the citizens may from time to. time require; nor fhall they ma^e any;bye-l,aw.s repug

nant to the. conftitution or laws of. the land: And provided aljo, That,the ; bye-laws,,

rules and ordinances^they make ill all at'all times be fubjeft to the revdfal, alteration pi-

repeal of the ilegjflature,

.t , .

., ,

Membcrsof 4,.. Ani^^jw^he.^ enaBed, That ,the, faid members of th;e city .council ihall eacii

1 of them hayeJiiH power and authority.* and they are hereby required to keep peace

an d g.ood order, within their refpetive diftricls; > to .iifue warrants, and caufe ail,:qfr

fenders againft law. to be brought before them, and on examination either-to releafe;,

admit to ibail, if the o,ffence be bailable, or commit to the cuftody of the ihei-iffof

Richmond, who is hereby required and commanded to receive the fame j and the fame

to keep in falbcuftody until difcharged by due; cpurfe of law. And each, and every

of the faid wardens for the time being, fftall be veiled with all the powers and author-

CORPORATIONS AND- TOWN REGULATIONS:

13-5

sties, that juftices of thi peace are vefted with by the laws of this ftate, and fliall and may'exercife the. fame in every part of the faid city, for the preservation of the peace ajnd good order thereof. On the fecond Monday in April, in the year feventeen E1(,aionof hundred and ninety-nine, and on the fecond Monday in April, in every year thereaf- lSonrstu?' ter, there fhall be an election for members within each diftri6l, as herein before de-^I^Jdu fcribed, the place for holding the faid elections, and proper perfons for managing and conducting the fame, to be appointed by the intendant at lea'ft ten days before the faid time ; and the perfons fo chofen mail take the oath of office before the intendant for the time being, or any judge, or juftice of the peace, after which they mall be fully qualified, to] at as members, and fliall within three day s thereafter appoint an intendant, qualified as herein before expreffed ; but after a new .election of members, none of the former members mail act or fit as members of the city council, unlefs they fhall, have been re-elected;. and the perfon fo appointed, or chofen intendant mall take the oath of office in prefence of two, or more of the members, until which the former in tendant fliall continue to act; but no ,perfon (hall be eligible to ferve as intendant for more than five years in any term of feven years. In cafe of death of the intendant, **$?$ his refignation, refufalto aft, removal from office, or abfence from the ftate, the war- iuttlldantdens {hall fill up fuch vacancy until the next annual election, and in cafe of vacan cy in any of thediftricts, by death or otherwife, fuch vacancy fhall be filled up by the intendant and other members until the next annual election. And if any perfon up-***< &W on being elected intendant, fliall refufe to aft, he fhall forfeit and pay the fum of thirty f^f^Jlf dpllars, forthe.ufe of the faid city; and if any perfon upon being elected member of^^fj tile city 'council, fhall refufe to act, he mall pay for the ufe of the; faid city the fum of membcttwenty dollars. And in cafe the intendant or any of the members of the city council suyc^tocBwhWftih 1 office fhallbe guilty of any wilful neglect, mal-practice, of abufe of office, he, mii?raaic'e. or they fhall be fubject to endictment in the fuperior court of the county of Rich mond in likemanner as juftices of the peace are by law fubject; and on conviction thereof, he or they fliall forfeit and pay a fum not exceeding fifty dollars for the ufe and benefit of the faid;city.
5. And be itfurther enabled, That it fliall be the duty' of the faid city council, and untotTM*6 they fhall have full power and authority, to keep in repair all public roads leading to direi*i<w' Augufta, for the extent of three miles leading from faid city ; and may levy a tax for that purpofe, in fuch manner and under fuch regulations as they may conceive leaft burthenfome to the citizens, and beft calculated for the general good, convenience and welfare of the faid city and the inhabitants thereof.
DAVID MERI WETHER, Speaker of the Houfi of ReprefeniaiiveL DAVID EMANUEL, President of the Senate... Affented to January 31, 1798. JAMES JACKSON, Governor.

An act to extend and,'enlarge, thejurifditiion ofthe mayor and aldermen of the-city of Sd-

vannah, and to litnit qnd define certain powers heretofore vejled in the corporation of

the city of Augujia,; .

... ",.",..

That from and immediately after the paffing of this aft, jurM;aion ' the court of the mayor and aldermen of the city of Savannah fliall be, and nmyTa'/ they are hereby veflied with full power aiid authority;, to hear and determine all aWeriwe*'

40

CORPORATIONS AND TOWN REGULATIONS.,

civil cafes. as they have heretofore had cognizance of when the debt, damages, or caufe

of aft ion, fhall. not exceed the fum of one hundred, nor be. lefs than twenty dollars, in

the fame manner, and under the like rules and .regulations, as .have .heretofore been

u fed .and practifed in the faid court of mayor and aldermen .within the, faid city ; any

former aft, crafts limiting,, the jurifdiCtion of the faid, court to a lefs fum, to the con-

iovPtuirtydot- trary notwithstanding, . .Provided always, That in all.cafes above thirty dollars,either

TMySeiuri- P arty. m ^Y require a trial by a jury of twelve men, which fnail be final, and in future

aiVanp'StTbc a^ aPPea' s m tne &id court (hall.be tried by a jury of twelve men, any thing in any

wedbyjury. former aQ^ to the contrary notwithftanding.

:

Kfetobe^ 2. And be. it further enabled, That the faid mayor and aldermen fhall, have power

mdned'"iinscdm" to ^raw anc^ irapannel juries for. the trial of all caufes, who 'fhall.be refident within their.

Sisconauanot J U'r'^^-n ' ^llc^ ^ a^ De qualified, and liable to ferve on petit juries, to caufe them to

Staf1gtcn ^e fumnioned and to fine them for non-attendance, or other mifconducl:, -in fuch

manner as they may think proper, not exceeding ten dollars ; and mall have power

to award executions for fuch fines, and caufe the goods of the perfon incurring fuch

fines to be fold in virtue thereof.

Styc"incu?f 3-. And to limit and define certain powers hereto fore vefted in the corporation of the

Augusta, iimi- city, of Augufta,.Be z'/ enabled by the authority aforefaidyThat all monies to be hereafter,

besseqTMiTM*m raifcd by tax within the limits and jurifdiftion of the corporation of the city of Augufta,

wnstndprel for the purpoje of improving and keeping in repair the public roads, ftreets and bridges

v" tr' within the fame, flial.l be raifed by equal tax, to be impofed on perfons and property, thatis

to fay, one half at leaft by affeffment on all taxable property within three;mi]es of the

,faid city .of Augufta, and the remainder on all perfons heretofore liable by law to work

capitation tax on the public roads within the : faid limits. But no capitation tax mail eyer'be .affef-

S'on'e^o'iiar fed or levied on the inhabitants of the faid city under the authority of the faid.corp.o-.

wySar, ration, Qther than for the purpofes herein exprefied, and in no cafq hereafter, fhall a

ium exceeding one dollar per year be levied on any free perfon within the faid limits-

;; '; .^DAV.ID MERIWETHE.R, Speaker of the Houfe of Reprefentatives,.

DAVID EMANUEL, Prefident of the Senate. , ~\^.. '.,;''

Affented to December 4, 1799.
. : ./'; JAMES;,JACKSON., .-Governor. -.,',' '.;,.".;. .'-..."

An aSfor laying off" a town, to be called Williamfbwgh, iipon,the Little Saint Samilct ... JB/w^F,, on the. river Alala,maha, and for other purflojes. therein mentioned.

E IT ENACTED ly the Senate and Houfe of Reprefentalives in General Af-

fer/ibly met, and by the authority of the fame, That William Williams, Fare

urghin Williams, John William Lembert, William' Cook and ;Rofwell King, be, and they

county. ^^ hereby appointed commiffioners to admeafure and lay out a town, to be called

Williamiburgh, upon the Little Saint Savilla Bluff, on the river Alatamaha, in the

county of Glynn, upon the lands of William and Earr t Williams, under the reftric-

tions herein hereafter mentioned. '



2 - ylrid.beitfiirthe?tndled,'':'T\i&t the quantity of land thus to be laid out for the

faid town of Williamfburgh fhall not exceed one hundred and fifty, nor be lefs than

one hundred acres; and that the faid commiffioners, or a majority of them, fhall,

within nine months from the paffrng of this at, actually furvey, or caufe to be fur-

veycd and laid offj the faid town into fuch lots or parcels as to them may feem mo-ft

CORPORATIONS AND TOWN REGULATIONS,

14

conducive to the fpeedy fettlement, improvement and population thereof, and trailf-^S,^

mit a copy of the plan of the fame to the furveyor general, to be recorded in his rS^ffice':""5"

office.

'

3. And he it further enacled, That in cafe of the death, refignation orrefufal ofvacancies M b

any of. the faid commiffioners to at, his excellency the governor {hall, ancLheis' 1"'

hereby authorized and empowered to appoint forne other n't and proper peribn or

perfons in his or their room.

4. And whereas in, and by an ordinance, entitled " An ordinance fecuiring upon

certain conditions to Wade Hampton, efq. his heirs or affigns the< explufive right to

erect a bridge over the river Savannah at Augufta, and for other, purpofes ; thereia

mentioned," paffed at Augufta thefixthday of December, one thoufandTeven.hun

dred and ninety, it was declared that the faid Wade Hampton and James Gunn, efqrs.

fhould be vefted with the right of.grecling a bridge over the Great Ogechee river, at

or near the place called the Great Ogechee Ferry, in Chatham county, on condition

that the fame mould be built and erected within a certain time therein prefcribed, but

that the .fame has not been erefted, as the place fo propofed was under a leafe, which

is not yet expired.

Be it therefore enacted^ That the time of building and ereting the faid bridge be ^'^g8

prolonged until the firft day of December, one thoufand feven hundred and ninety- J^S-sim

four, under the reftriclions of the aforefaid ordinance.

SvildGreat Ee

5. And be it further ena&ed by the aiithorily aforefaid, That Jonathan Afhbury cSm!SiTMe

and William Moore, be appointed commiffioners for improving the navigation ofj^v'lthe0

Brier Creek, in the room and ftead of Francis Parris and Alexander Carter, who iS?c!S?it?f

have neglecled to aQ.

<

:.

-WILLIAM GIBBONS, Speaker of the Houfe of Rcprefentative*.

BENJAMIN TALIAFERRO, Prefident of the Senate^

Concurred December 17th, 1792,

EDWARD TELFAIR, Governor.

.An aSl to difpofe of the common of the town of Wa/Jiinglon In the county ofWilkes.

W HEREAS by an aft entitled " An aE for laying out thereferved land in the PreaTOl,is, . town of Augufta into acre lots, and the erefting an academy or feminary of

learning, and for other purpofes therein mentioned," paffed the thirty firft clay of

Auguft, one thoufand feven hundred avid eighty-three, among other things com

miffioners were appointed to lay off and difpofeof the lands or lots of the town of

Wamington, in manner and form, as by the faid aft particularly directed. And

whereas the faid commiffioners did in purfuance of the faid aft, difpofe of faid lots, and

take certain fteps towards building an academy, and did employ profeffors andteach-

ers for the inftruftioh of youth in the faid academy, whereby, considerable fums are

by the faid commiffioners, owing to individuals, which they in juftice and good faith

with to pay. And whereas a certain quantity of faid land, or lots was by the

(aid commiffioners referved as a common to the faid town of Wafliington, the

timber whereof is already confumed; nor is the faid common of any ufe to the lot hold- c?mmisioncts

ers in; ncral

lraA*ir'dir tow77n. BTe AJJembty met^

i*t th?7e7re7frore ena7 ar-ied i and by tht authority

b7 yrth7ei~Sirenate oj thejame^

an'd-\H--ot,-?u-fer< rorfR''epr'ef< er ntatives in^^GieThat it fl^all and may be lawful, and

oelerfem(W1ytieolkm(e|spis)oaJOcwaS<--. ff vveaS^TM

i 4a

CORPORATIONS.

Animake Slo.

is the duty of the commiffioners of the faid academy in the faid town of Wafhlngton, they or their fuccelfors in office, to admeafure, lay off, fell,.and difppfeof the laid referve or common in the fame manner, the lots in the faid town of Wafhington.were difpofed of, by the above recited acl, excepting the improvements required by laid at, and the faid commiffioners, or their fucceifors, are hereby authorized to execute deeds, or titfes to the faid lots in fee fimple, to the refpeclive purchafers in as full and ample a manner as the ftate does, or can do; Provided, That no title fhall be made to any lot by this aft to be fold, before good and fufficient fecurity be taken for the purchafe money, and on failure of taking fuch fecurity the commiflioners executing fuch titles, their heirs, executors or adminiftrators, fhall be liable to any creditor for the purchafe money with lawful intereft to be recovered for the ufe of faid academy.
. ' WILLIAM GIBBONS, Speaker of the Houfe of Reprejent&kiv-cs, BENJAMIN TALIAFERRO, Prejident of the Senate.
Concurred, December 14, 1793. GEORGE MATHEWS, Governor,

CORPORATIONS.
Am act for incorporating the. Union, Society in Savannah.
preamble. j."T TK THEREAS William Stevens, prefident, Leonard Cecil, vice-prefident, David VV 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, Benjamin Lloyd, James Fields, John Wauden, John Milledge, Samuel Stirk, Raymond Demerie, and George Handley, have by their petition reprefented, that they are mem bers of the Union Society, in the town of Savannah in this ftate, and that the faid JTociety 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 in corporated. And as the allegations in the faid petition are verified: Therefore, for wanton society promoti n g and encouraging focieties founded on benevolent principles, Be it enacted 'd, fry fag reprefent.atives of the freemen of the Jlate of Georgia in General AJfembly met, and. by the authority of the fame, That the feveral perfons above named, and others who now are, or fliall hereafter be members of the Union Society in Savannah, refpe&ively, and the fucceflbrs, 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 ftyle 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 regulations as may be agreed, on by the members of the faid fociety: Provided fuch laws be rnot repugnant to the conftitution and laws of this ftate; 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 an any court to defend and to receive, take and apply all or any donations for the ufeslntended by the.faid Tocie.tyg. and fhali. and here-

CORPORATIONS,

14.3

by are declared to be vefted with all the privileges, powers and advantages, rights and immunities'of a fociety of people incorporated for the purpofes intended by their infti-

tution.

...

.- .

2. And be it further enabled, That this aft fhall be deemedand taken as a public aft Publi? 1'a'

to all'iiltents and purpofes whatsoever, :.

WILLIAM GIBBONS, Speaker.

Augu;fl;a, Auguft 14, 1

An -a^ for ibcorpdr-ating the. Anabaptijl Church on the -Kio'ka^. in the county of

..;>.,'.'.

'-,

Richmond.

<

. ...

A. T If THERE AS a religious fociety has for many years pad been eftablifhed on preamw*. W the Kioka, in the county of Richmond, called and known by the name of
w TfheiAnabaptift Church on the Kioka:" And whereas it is neceflary, for the pro-

rtiotion o'f ! religion and virtue, that churches or religious focieties^be made capable of holding, enjoying and defending any property which they may acquire by dona tions or otherwife: Beit therefore enaStedby the Senate and Houfe of Representatives, of the Jlate of Georgia in General AJJ: embly met, and it is hereby enaBed by the authority of the famj That Abraham Marfhall, William Willingham, Edmund .Cartledge, John |||^]>'n tlie Landers, James Simms, Jofeph Ray and Lewis Gardner, and their fucceflors in of-j^.^tTMfice, :fhalLbe, and they are hereby declared to be a body corporate by the name and

ftyleiof" The Triiftees of, the Anabaptift Church on the Kioka." . -2.. \And be it further t'na&ed by the authority'aforefaid. That the faid Abraham Mar- Theirpow>. fhall, .William Willingham, fidmund Cartledge, John Landers, James Simms, Jo feph Bay and Lewis Gardner traftees as aforefaid, and their luccelfors 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 laid church at the time'of paffing this aft, ,or which may hereafter be made, con veyed or transferred to them or to ,their fucceiTorjS 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 fucceflbrs in office fhall be, and they are hereby declared to be ca pable of fuing and being fued, impleading and being impleaded, and of ufing all neceffary legal Iteps for recovering or defending any property whatever, which the faid 1 church may hold, clainv or demand, and alfo for re'covering the rents, iffues and pro

fits of the fame,, or any part or 'parcel thereof. 3. And be it further enabled by the, authority aforefaid, That the truftees of the faid TO hoi
A-nabaptift Church, fhall hold their office for the term of three years; and on the third j^Srt Saturday of November in every third year after the pafling of this aft, the fupporters twrd of the gofpel in faid church, fhall convene at the meeting-houie of faid church, and the there between the hours of ten and four, eleft from among the fupporters of the gofpel in faid ;churchj feven difereet perfons as truftees, who fhall hold their office for three years as aforefaid, with the fame powers, and for the fame purpofes as above

declared. ..:.-..

:' . -



.. ../,;'..-. ;';. ' SEABORN .JONES, Speaker of the Houfe of Reprefentatives,

: NATHAN BROWNSON, President of tit Senate.

EDWARD TELFAIR, :Got;'ern(i>r; .

.

'December 23d, 1789.

\;

144

CORPORATIONS,

An act to incorporate the Epifcopal Church in Savannah, called Chrijl Church;'and the Independent Congregational Church or meeting-houfe, at Midway in Liberty county ; and . to authorize the governor to grant charters of incorporation to other religious focieties,

frambie.

X 7t THERE AS it is neeefiary for the pfemotion of religion and virtue} that'chusv

,V V ches.or religious foeietiesj be made capable ofholdingj enjoying or defend

ing, any property that they may have, or may acquire by gifts, grants or otherwife t

And as Chrift Church in Savannahs has long fince been eltablifhed ; and a religious

. lociety at Midway j denominated "The Independent Congregational Society," have

likewife long fince had a church or meeting-houfe there : Be it therefore enabled by th&

Senate and Ho'uje of Representatives of thefiaie of Georgia in General Affembly mzt^

top seaiisi,. That Leonard Cecil and John Haberfham, church wardens; and Jofeph Clay, James

v"mai\mcor. Mo!fman, James Haberiham, Jofeph Haberfham, George'Houitoun, William Ste-

chn-di^F- vens, Samuel Stirk, John Houftoun$ George Bafil Spencer, and Gedr^e Jones, .and

ksid ai> ' their fucceflbrs in office, fhall be and they are hereby declared to be, a body -cotpo-

ratej by the name and ilyle of " The church wardens and veftry men of the Epifcopal

Church in Savannah, called Chrift Church;"" 'and they -the faid Leonard Cecil and

John Haberfham, churchwardens ; an'd Jbfeph Clay, James Moffman^ James'Ha

berfham, Jofeph Haberfliam, George Hoaftoun,'-William Stephens, Samuel Stirk,

John Houitoun,' George Bafil Spencer and George- Jones's veftry men as aforefaid,

fiicffpfm-ers. fhall be invcftcd with all manner of property, both real and perfonal, all monies due

or to grow due, donations, gifts, grants, hereditaments^ privileges and immunities what

ever, which may belong to the laid church;, and all monies that have been granted for

rebuilding the faid church^ or for building a -new church; or which may hereafter be

given, granted-, conveyed or transferred for rebuilding the faid church, or for build

ing anew church, in Savannah, or which may be-made or transferred to them, or to

their fucceflbts in office: To have and to hold the fame, for the proper ufe3 benefit

and beiioof of the faid church; and tile faid ;ehtireh wardens and veftry men, 'and

their fucceflbrs iri office, {hall be, and they are hereby declared to he, capable of

fuing and being fued, and of ufing all necelfary legal -Heps for recovering and defend

ing any property whatever, which the faid church 'may hold, claim or demand^ and

is herein feciired, or otherwife; and alfo with power to make all neccffary regulations

and rules, and to recover in their t>wn nanYe^ or otherwife, 'as well the faid monies as

other property, with all rehts 5; iffues and profits of the farne^ or of any lands, mo

nies or other eftate belonging thereto, or of any part thereof. "

'i'ohedeaed 2. And be it further enacted} That the faid 'church warden's and veftry men flial!

SSSomby, hold their offices until Eafter-Monday next; and: on that day, and on every other Eaf-

fS'of'the:11' ter-Monday annually thereafter, the members and-Tupporters of the gofpel in faid

euwti. church fhall convene at the church aforefaid, and there, between' the hours of ten

and two o'clock, eleQ; from among the members and fupporters of the gofpel in

the faid church, two difcfeet perlbns as church wardens s and feven other clifcreet per--;

ions as veftry men for the faid churchj who fhall be, and is, and are hereby declared td

be veiled with all neeeffary powers to carry the purpofes intended by this aft fully in

to effect.

. '

. ' ; '," ; , : '' ; '-. : , ' '" '-- '

-;

And be itfurther enatted by the authority aforefaid^ That Samuel Saltus, Gide-:-

ilyle of " TheSelecl Men of the Congregatio.nal Church or meeting-1way ;" and they the faid Samuel Saltus, Gideon Dowfe, John Elliols , William

CORPORATIONS.

man and Peter Wynn, fele&men as aforefaid, fhall be inverted with all manner of pro- Theirpow

perty, both real and perfonal; all monies due or to-grow clue, gifts, grants, heredita

ments, privileges and immunities whatfoever, which may belongtothe faid Independent

Congregational Church, meeting-houfe, or religious Ibciety under the faid denomina

tion, together with all monies, that have been granted for rebuilding the faid church

or meeting-houfe, or for building a new church or meeting-houfe at Midway, or any

place in Liberty, county aforefaid ; or which may hereafter be made or transferred to them the faid fele6l men, or their fucceffors in office>. To have and to hold the fame for the proper ufe, benefit and behoof of the faid Independent Congregation

al Church or meeting-houfe : And the faid feleft men, and their fucceffors 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 whatever, which the faid church or meeting-houfe may hold, claim or demand, and is hereby fe-

.cured or otherwife ; and alfo with power to make all neceffary regulations, and to

recover in their own name or otherwife, as well the faid money as other property, with all rents, ifl'ues and profits of the fame, or of any lands, houfes, or other eftate belonging thereto, or any part thereof.
4. And be. it further enaffed, That the faid feleft men fhall hold their offices until TM*eicft

the fecond Wednefday in March next, and on that day, and every fecond Wednefday j^.TM;*.TM in March annually thereafter, the members and fupporters of the gofpel in the faid J^SfeSo church or meeting-houfe, fhall convene therein, and there, between the hours of ten churc*' ~

and two o'clock elecWrom among the members and fupporters of the gofpel in the

faid church or meeting-houfe, five fit and difcreetperfons as felecl men, who fhall be,

and is, and are hereby declared to be vefted with all neceffary powers, to carry the purpofes intended by this acl fully into effecl,

^5, And be it further enaBed. That it fhall and may be lawful, to and for his excell encylthe governor, at any ti me or times ,hereatrter, on appl, ic. at: ion.in wri.t.ing, or,. any mchaayrtgerra.notf mrelTigious lrociety, 1be1longing to any cihurch or place off wonnhip, now erec0te1d, or thi at TMco|rJp5oiorautsioMndt'o

may be creeled hereafter, to grant under his hand and the great feal of the ftate, ufual

and cuftomary charters of incorporation, to fuch, members of the faid churches or

places of worfhip, and to authorize luch bodies corporate or politic, to fue and be

fued ; and to have and to hold all lands and tenements, monies and other goods and

chattels, that already belong to fuch religious focieties, or which may hereafter be

given, granted or beftowed, and the fame to have and receive to the proper ufe and

behoof of fuch churches or places of worfhip, in fuch manner as the members and

fupporters of fiach churches or places of worfhip, fhall point out in their application

for fuch charter, on the principles of this acl, and with the fame privileges and advan

tages as are granted, given and fecured to any church or religious fociety incorpora

ted by this acl.

.

.SEABORN [ONES, Speaker of the Houfe of Reprefentatiws.

NATHAN BROWNSON, Prefident of the Senate. EDWARD TELFAIR, .Governor.
December 23d, 1789.

An aH to incorporate the Savannah AJfociation of Mechanics,
W HEREAS William Lewden, prefident, David Mofes Vollaton, vice^prefident, John Peter Lang, fecretary,Balthazer Shaffer, Thomas Palmer, John

346

CORPORATIONS.

Herb, George Fames, Simon Connor, John Glafs, William Henry Spencer, Jofeph Roberts, Paul H. Wilkin-s, John Eppinger, Ezra PJummer, Peter Miller, James Sirhpfon, John Armour, David Gugle, Daniel Gugle, John Trover, James Shaw, Nathaniel Lewis, Michael Afper, Jofeph Dunlap, Gabriel Leaver, Eliftia Elorr, John Cole, John Miller, James Clarke and Benjamin Ben net, have by their petition reprefented, that they are. mechanics of different trades, refiding in the city of Savannah j- that they are defirous of placing their various crafts on a more ibcial and refpeftable footing : than heretofore, and of eftablifhing, by their united exertions and contributions, a lafting fund for the relief and fupport of fuch of their unfor tunate brethren, or their families, as are or may become objects of charity; and for thofe purpofes have voluntarily united and formed themfelves into a Society, under the ftyle and name of " The Savannah Aflbciatiqn of Mechanics." And in order 'to infure and eftablifh their faid institution in a permanent and effeftual manner, fb that the charitable arid beneficial objects thereof may be executed with fuccefs and advantage, have prayed the legislature to grant them an aft of incorporation : ctattonofM?-0" i. -Be it therefore, enabled-by the Senate and Houfe of Reprefentaiives oj the ftate of ^n.tt.i>'cor' Georgia in General AjJ'embly met, and iy the authority thereof, That the feveral perfons herein before named, and others'who are or may become members of the ibci ety before mentioned, respectively, the officers and members thereof, and their fuc~ ccifors, {hail be, and they are hereby declared to be a body corporate, in name and deed, by the ftyle and denomination of " The president and yice-prefident of the nieirvow. Savannah Affociation of Mechanics;" and by the faid name and ftyle mall.have.per petual fucceffion of officers and members, and a common feal to ufe, and mall have power and authority to make, alter, amend and change fuch bye-laws as may be pr&Tiao. agreed on by the members of the fame: Provided fuch bye-laws be not repugnantto . the laws or constitution of this ftate, or the United States, or to the laws and ordi nances of the city of Savannah aforeSaid: And provided alfo^ that the Society ihali not coniift of more than Seventy-five or lefs than twenty members, who Shall all be refidents of the faid city of Savannah, and citizens of the United States. Farther pm*- 2. And be it further enaBed by the authority aforefaid, That they Shall have full crkg.-ven. pOwcr an(j authority, under the Style and name of "The prefident and vice-preiident of the Savannah AJfociation of Mechanics," to fue for and recover all fuch fum or fums of money.as now are or may hereafter become due the faid fociety, by any name or Iiyle whatever, in any court of law or at any tribunal having jurifdictiou (hereof, and the rights and privileges of the faid fociety, in any court or at any tribu nal whatever, to defend and alfo to receive, take ancLapply fuch .bequefts or donalions as may be made to and for the u'fes and purpofes intended by the laid inftitution; and fhall be and are hereby declared to be veiled with all the powers and advantages, privileges and emoluments of an affociation or fociety of people incorporated, for the purpofes and intentions of their faid affectation. j-ub.;e*a. 3, And !>e it further enabled, That this aft, Shall be, and is hereby declared to be deemed and coniidered a public aQ, to all intents and purpofes whatever.

.WILLIAM GIBBONS, Speaker of the. Houfe of Reprefenlaiives,

BENJAMIN TAL-IAFERRO, Prefident of the Senate,

GEORGE.MATHEWS, Governor, .December 1 6} 1793..

. . -

CORPORATIONS.

147

' : An'aft incorporating the. Mechanical Society of the- town hf Augvftv,,

W HEREAS William Longftrect, prefidentj John Catlett, vice-prelid<?nt, Tho- rrcs.ajil . mas Brayi, fecretary, Robert Crefwel),.-treasurer, and Hugh Magee, William

Dearmorjd, Baxter -Pool, John Cook, Jofeph Stiles, Aligns Martin, John SliJes, Hi-

el Chatfield, Edward Primrofe. Conrad.Liver-man and Ifaac Wingate, have by their

petition -repreiented, that they are mechanics of different trades, rciiding in the town of

Augu.fta> that they are deurous of placing their various crafts on a more focial foot

ing than heretofore, and of eftabliihing by their united exertions and contributions,

a lafting fund for the relief and fupport of fueh of their unfortunate brethren, or their

families as arc, or may'become objecls of charity ; and for thofe purpofes have voi

luntarily united and formed themfelves into a Tociety, under the ftyle and name ot

44 The Augufta A/Fociation of Mechanics j" and in order to enfurcand eiiablifj) thei^

faid iniiitution in a permanent and -effectual manner, fo that the charitable and bene

ficial objects thereof may be executed with fuccefs and advantage, have prayed the k-

giilature to grant them an aft of incorporation.

1. Be it therefore enabled by the Senate and Hmtfe of Reprcfcntatives of the /late of

Georgia in General Affembly met, 'arid by the authority of the fame, That the fevera! detVofAug"*"

perfons herein before named, and;oth'ers who are or may become members of the tcdt"cori""a'

. fociety before mentioned refpeclively, the officers and members thereof, and their fuc-

ceffors, fliall be, and they are hereby declared to be a body corporate, in name and

in deed, by the (tyle and denomination of " The prefident and vice-prefident of the

Augufta Affociation of Mechanics;" and by the faid name and Ilyle fliall have per

petual fncceffion of officers and members; and a common feal to ufe; and fliall have rn'eir i"'weri.

full power to make,' alter, amend and change fuch bye-laws as may be agreed on by

the members'of the fame. -.Provided fuch bye-laws be not repugnant to the laws or

conRitution of this Mate, or the United States. And provided alfo, that the faid fo

ciety ihall not confift of more than feventy-five, or lefs than twenty members, who

fliall be refidents of the faid town of Augufla, and citizens of the United States.

2. And be it further enaffed by the authority aforefaid, That they fhall have full pow

er arid authority, under die ftyle and name of " The prefident and vice-prefldent of'TSlotiifr

the Augufta'Affociation of Mechanics," to fuefor and recover all fuch fum or furns 1""'6'

of money, as now are or hereafter may become due to the faid fociety, by any name,

or ftyle whatever, at any court of law, or at any tribunal having jurifdiclion thereof;

and the rights and privileges of the faid fociety in any court or at any tribunal whatever,

to defend, and alfo to receive, take, and apply bequefts or donations, as may be

made to and for theufes andpurpofes intended by the faid inftitution j andihall be, and

are hereby declared to be vetted with all the powers and advantages, privileges and

emoluments of ah affociation or fociety of people incorporated for the purpofes and

intentions of their faid affociation.-

3. And be it farther enatted, That this aft fliall be, and is hereby declared to

deemed and confidered a public aft to all intents and purpofes whatsoever.

THOMA'S NAPIER, Speaker of the Houfe of Representatives*

' . BENJAMIN TALIAFERRO, Prefident of the Senate,

GEORGE MATHEW^

'

December 25, 1794.

An aft incorporating the Grand Lodge of the jlate of 'Gedrgia. ' E - "t^THEREAS William Stephens, grand mafter, James Jackfon, patt grand
V V mafter, William Stith, deputy grand mafter, James Box Young, fenior

148

CORPORATIONS.'

grand warden, Edward Lloyd and Balthazer ShaiFer, paft grand wardens, Ulrich

Tobler, jun. grand warden, George Jones, paft grand treasurer, James Robertfon,

grand treafurer, David Bridie Mitdiell, paft grand fecretary, and John Blackftock,

grand fecretary, of the Grand Lodge of free mafons in this ftate, have by their peti

tion ftated, that there has exifted, and ftill exifts in this ftate, divers lodges or focietiea

of free mafons on an ancient eftabliihment, iince the year one thoufaiid feven hun

dred and thirty-five, over which there is a. prefiding or fuperintending Grand Lodge,

compofed of the petitioners as members, and divers others who are' or may join in

promoting the good of the craft, founded on she ancient ufages of their fociety, the

principles of which is charity and universal benevolence; to the end therefore that

charitable inftkutions may be promoted, and particularly a fociety that has exifted

time immemorial, may be fecured in their rights and privileges,

Orand Lodge 1. Be it there/ore enacled by the Senate and Houfe .of Representatives of the /late of

ol Georgia intorporated.

Georgia in General Affembly met,

and by the

authority of thefame,

That

the

feveral

perlons herein before named, and others who are of may become members of the

Grand Lodge, and their fucceflors, fhall be, and they are hereby deemed to be a

body corporate and politic, in name and deed, by the ftyle of " The Grand Lodge

of Georgia:" and by the faid name and ftyle fhall have perpetual fuccelRxm of offi

cers and members, and a common feal to u;fe; and ,fhall have full power to niako,

alter, amend and change fuch bye-laws as may be agreed on by the, members of the

fame: Provided fuch bye~Iaws be not repugnant to the laws or conftitution of this

ftate or the- United States,

Further yow- 2. And be it jurtlier enacled by the authority' .afore/aid,. That .they fhall have full

CM,

power and authority, under the ftyle and name of " The Grand Lodge of Georgia,"

to take, hold and enjoy real and perfonal property, to fue .for .and recover all fuch

ium or fums of money as. now are or hereafter may become due to the faid lodge, by

any name or ftyle whatever, at any court of law, or at any tribunal having jurifdic-

tion thereof, and the rights and privileges; of the faid lodge, in any court or at any

tribunal whatever, to defend, and alfo to receive, take and apply bequefts or dona

tions as may bemade to and for the ufes;and purpofes intended by the faid inftkutionj

and fhall be, and are hereby declared to be vefted with all the powers a,nd advanta.

ges, privileges and emoluments of a focie.ty of people incorporated to the purpofe

and intentions of their laudable inftitution.

JCodgcs, tindet 3. And be it farther enacted, That a]l regular conftituted lodges under the power the jurisdiftioi'and jurifdiQion of the faid Grand Lodge, are hereby declared to be bodies corpo

Lodge, incorjpprated.

rate and politic in name and deed,

by whatever .ftyle

or

name

they

may be

called

and known in their conftitution, with equal powers to thofe which are hereby given

to the laid Grand Lodge, fo lo-ng a:s the faid lodges, remain under the power and j.u>

rifdi&ion of the faid Grand Lodge, and in aM things abide by and conform therg-

felves to, the refolutiojns; and bye-la.ws of the fame, and no longer.

JuWlt aft. 4. And. be it farther ena&ed.y That this aft fhall be, and is hereby declaredJo be

deemed and, confi.dered a public aO; t-^> all intents, and purpales whatever.

THOMAS NAPIER, Speaker of the Houfe. of Reprefentatives,

BENJAMIN TALIAFERRO, Prefdent of the Senate,

CoJnAcuRrrEedD F-e"br-u-ar-y 6, 1796.

CORPORATIONS.

149

An aS for incorporating the Midway and Newport Library Society of Liberty county.

i. TTf 7HEREAS a' library fociety has for many years paft been eftablifhed.- irv prcimiblt<

V V Liberty county, and known by the name of " The Midway and Newport

Library Society:" Be it therefore enacled by the Senate and Houfe -of Representatives ^^ ^

ofthejlate of Georgia in General A/em bly met, and it is hereby enacled by the authority ni'^L^.

of the fame, That Thomas Stevens, Peter Winn and James M'Cullough, and their fuc- ,^P^"

ceffors in office, fhall be, and they are hereby declared to be, a body corporate, by p^ted.

the name and ftyle of " The Midway and Newport Library Society."

2. And be itfurther enacled by the authority aforefaid, That the faid Thomas Ste

vens, Peter Winn and James M'Cullough, as aforefaid, and their fucceffors in office,

fhall be inverted with all manner of property, both real and perfonal, all dona

tions, gifts, grants, hereditaments, privileges and immunities whatfoever, which may

belong to the faid Midway and Newport Library Society at the time of paffing this

aft, or which may hereafter be made, conveyed or transferred to them, or their fuc

ceffors in office, to have and to hold the fame for the proper ufe, benefit and behoof

of the faid fociety.

And hereby

alfo, That declared to

the faid truftees and be capable of fuing

their fucceffors and being fiied,

iinmpolfefiacdej,nfghaalnldbeb,eianngditmhepyleaadrc- asllvnvneennne--et

y

ed, and of ufmg all ncceffary and legal fteps for recovering or defending any property

whatever, which the faid fociety may hold, claim or demand, and alfo for recovering

the rents, iffues, fines and profits, of the fame, or any part or parcel thereof.

3. And be it further enacled, by the authority aforefaid, That the truftees of the faid iSTSr^ffice

Midway and Newport Library Society fhall hold their office for the term of one year, iTeKeieailn-

and that on the firft Wednefday of March in every year after the paffing of this aft, S^v!nc>-

the members of the faid fociety, fhall convene at the place that may be appointed by t>y\ilcmcm-1' thi e trulntees afforel,-aidi, o,r tht ei r li-ucceirirors in omrrce, andl thi ere, bi etweeJn thi e hi ours .ofn te'n bcieer'!s'o-fsaulso-

and four, eleft from among the members of the faid fociety, three difcreet and proper

perfons as truftees of the fame, and chopfe on the fame day all neceffary officers for the

faid fociety, who fliall hold their office for the term of one year as aforefaid, with the

fame powers and for the fame purpofes as above declared.

. " DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.

ROBERT W ALTON, Prejidcnt of'the Senate.

Affented to, February 7, 1799.

JAMES JACKSON, Governor.

An acl to incorporate the Union Library Society of Greens county.
*' "\~1'7~ HEREAS a library fociety has for a considerable, time been eftabliflied in Preamble; \y faid county, known by the name of " The Union Library Society:"
Be it therefore enatted by the Senate and Houfe of Reprcfentaiives ofthejlate of Georgia Vnlonlu in General Aff'embly met, and it is hereby enacled by the authority of the fame^ That soncfety 'otrary . KT> obK ert G/^ n'er, So amuelITHTarper andi fIT-nnomas Baldi win, are appoi.nted, and their fuc- tOmrcetenSe rcfo!udn~ty eeffors in office, ihall be, and they are hereby declared to be a body corporate, by i"""^1" the name and ftyle of " The Union Library Society."
2. And be it further, enacled by, the authority aforefaid, That the faid Robert Grier, , Samuel Harper and Thomas Baldwin, as aforefaid, and their fucceffors in office^ r"e"rpowers' fliall be inverted with all manner of property, both real and perfonal, all donations, gifts, grants, hereditaments, privileges and immunities whatfoever, which may be-
teng to the faid Union Library Society at the time of paffing this aB, or which may

150

-

COTTON.

hereafter be rnade, Conveyed or transferred to them .or their{'ucceitors in office: To

have and to hold the fame for the proper ufe, beneiit, and behoof of the fa id fociety ;

and alfo that the faid truftees, and their fucceflbrs in office, thall be, and they &re

hereby declared to be capable of fuing and being fued, impleading and being implead

ed, andufingall neceflary and legal lleps for recovering or defending any property

whatever which the faid fociety may claim or demand; and alio for receiving the

rents, ifTues, fines and profits of the. fame, or any part or parcel thereof,,

'I'rujteu to he 3. A >id Isc itfurther enacled by the authority aforefaid, That the truftees of the laid

]"}'.co.f?heTMw " Union Library Society fhall hold their office for the term of one year; and that on the

rraVyewby fecond Friday in every year after one thoufand eia,ht hundred and one, the members of tne members. th. e l,ai.d. lroci. el'y, or a mJ aJ j. ori.ty th. ereofr, mn ainl convene at th1 e plia' ce' thi at may ibe appoint

ed by the truftees aforefaid, or their fucceflbrs in office, and there, between the hours

of ten and four o'clock, eleft from among the members of faid fociety, three difcreet

and proper perfons as truftees of the fame; and choofe on the fame day all neceflary

officers for the faid fociety, who fhall hold their office for the term of one year as

aforefaid, with the fame powers and for the laid purpofes as above declared.

DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiivcs.

DAVID EMANUEL, Prefident of the Senate.

A (Tented to December ill, 1800.

JAMES JACKSON, Governor.-



COTTON.

An acl to repeal an acl, entitled " An acl /or the infpeftion of cotton "

r HEREAS an a6t palled ofi the twehty-firft day of Februaiy, in the year of

our Lord one thoufand feven hundred and ninety-fix, entitled u An aft foi'

the infpeclion of cotton," has been found in its operation not competent to the ob*

jccls propofed, by no means beneficial to the intereft of the ftate, arid an unneccffary

burthen on the planters of that article:

:

Aft fw the in- He it enacted by the Senate and Houfe of Reprefcntatives of thejlate of Georgia in

t.'oT,'Lrei>caicd. General AJJ'embiy met, and by the authority of the famej That the before recited acl be5

and the fame is hereby repealed;

DAVID MERIWETHER, Speaker of the Houfe of Rtprefentatives.

DAVID EMANUEL, President of the Senate*

Concurred January 24, .17974
JARED' IRWJN, Governor*

. .

COUNTIES, COURT-HOUSES ANb JAILS,
An act, for cbnjlituting and dividing the fev'erdl dijlri&s and divijions of this provhic'e into pari/liesi and for eflablifliing religious 'worfhip therdn, according to the rites and ceremonies of the church of Engldnd ; 'and alfofor gin-powering the church war dens and veflry men of the refpettive parifhes^ to affefs ratesfor the repair of church es, the relief of the poor, and dther p'drbchidlfervicesi
|^i<m^,to_ i. T) E IT ENACTED, That the feveral diftrids and divifions of the faid provuk,i pansnb. j-^ .^ ce f]lai]5 from an(] after t}ie feventcenth day of March, one thoufand feven

COUNTIES, COURT-HOUSES AND JAILS.

^51

hundred arid fifty-eight, be divided and conftituted into eight parifhes, that is to fay, the town and diftricl of Savannah, extending up the river Savannah, including the iflands therein, as far as the foutheaft boundary of Gofhen, from thence in a fouth weft line to the river Great Ogechee, and from the town of Savannah eaftward, as far as the -mouth of the river Savannah, including the fea iflands to the mouth of the ri ver Great Ogechee, and all the fettlements on the north fide the faid river to the weftern boundaries thereof, fhall be and forever continue a parifh, by the name of "The paifh of Chriit Church :" the diftricl of Abercorn and Gofhen, and the diftricl of Ebenezer, CMTM cimrdu
extending from the northweft boundaries of the parifli of Chriit Church up the river Savannah, as far as the Beaver Dam, and fouthweft as far as the mouth of Horfe Creek, on the river Great Ogechee, fhall be and ever continue a parifli by the name of " The parifh of St. Matthew:" the diftricl of Halifax, extending from the north-st. Matthew.
well boundaries of the parifh of St. Matthew up the river Savannah, from the mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's Creek, tp the river Great Ogechee, fhall be and forever continue a parifh, by the name of " The parifh of St. George:" the diftricl of Augufta, extending st CeorC. from the northweft boundary of the parifii of St. George, and fouthweft as far as the river Ogechee, and northweft up the river Savannah, as far as Broad River, fhall be and forever continue a parifh by the name of " The parifh of St. Paul:" the town sti p..u!i of Hardwick and diftricl of Ogechee, on the fouth fide of the river Great Ogechee, extending northweft up the faid river as far as the Lower-Indian trading-path, leading from Mount Pleafant, and fouthward from the town of Hardwick as far as the fwanip of James Duriham, including the fettlements on the north fide of the north branches of the river Midway, with the iflands of Offabaw, and from the head of the faid Dunham's Swamp in a northweft line, fhall be and forever continue a parilh, by the name of " The parifli of St. Philip:" from Sunbury in the diftricl of Midway and St, PM:I). Newport from the fouthern bounds of the parifh of St. Philip, extending fouthward as far. as the north line of Samuel Haftings, and from thence foutheaft to the fouth branch of Newport, including the iflands of St. Katharine and Bermuda, and from the north line of the faid Samuel.Haftings northweft, fhall be and forever continue a parifli by the name of " The parifli of St. John :"' the town and diftricl of Daricn, st. joim. extending from the fouth boundary of the parifh of St. John to the river Alatamaha, including the iflands of Sapelo and Eaftwood, and the fea iflands to the north of Egg Ifland, northweft up the river Alatamaha to the forks of the faid river, mail be and forever continue a parifli by the name of" The parifli of St. Andrew :" .arid the town,,,,. todre^ arid diftricl of Fretlerica, including the iflands.of Great and Little St. Simons, and the adjacent iflands ftiall be and forever continue a parifh, by the name of " The pa- 5t. j,,mra. rifli of St. James."
2. And be it further enabled, That from and after the faid fevcnteentb day of March, one thoufand (even hundred and fifty-eight, the church already efecled in the town of Savannah, and the ground as now ufed for a cemetery or burial place thereto, fhal) be the parifli church and cemetery of Chrift Church.
3. Annulled by the conftitution of this ftate and of the United States. 4. And be it further enabled, That from and after the faid feventeenth day of March, one thoufand lev en hundred and fifty-eight, the church creeled in the town of Augufta, with the cemetery or burial place thereto belonging, ihall be the parifh church and burial place o'f St. Paul,

COUNTIES, COURT-HOUSES AND JAILS.

The remainder of this fe&ion, and from thence to the end of the aft, is repealed by the constitution of this ftate. See fel. 10, of 4th article.

By order of the Houfe, DAVID MONTAIGUT, Speaker.

By order of the Upper Houfe,

PATRICK HOUSTOUN.

In Council Chamber, 15th day of March, 1758,

A ffen ted to.

:,

HENRY ELLIS.

An aft, to extend and enforce the authority of the feveral laws therein mentioned^ to and throughout the territory lately annexed to this province ; for dividing the fame into fariflies, and, for adding the iflandof Jekylto the parijli of St. James.

preamble. i. TII THEREAS his majefty by his proclamation of the feventh of Oftober, in the

V V year of our Lord one thoufand feven hundred and fixty-three, and alfo by

his late royal cornmiffion to his excellency the governor, bearing date the twentieth

day of January, one thoufand feven hundred and fixty-four, was gracioufly pleafed

to annex to this province all that fpace or traQ; of land lying and fituate between the

river Alatamaha, and the fouthernmoft ftream of the river St. Mary : And whereas

difputes and difficulties may arife touching the prefent validity of the laws of this pro

Laws of the vince within the faid annexed territory: Be it enaBed, That from and after the paffing

province in force in this

of this aft, all the laws 'herein after mentioned and particularized, (many of which be

territory. ing obfolete, and others ft nee afted on by the legiflature, it is deemed unnecefiary to re

cite them) fhall extend to, and be in as full force, power and efFeft, in, over and

throughout the lands lying and being between the fouth fideof the river Alatamaha, and

the moft fouthern ftream of the river St. Mary, including all iflands within twenty

leagues of the coaft, to all intents, conftrutions and purpofes whatfoever, as if the faid

annexed territory had been a part of this province at the time of making and paffing

the fame; any thing to the contrary in any wife notwithftanding.

EaU territory 2. And whereas it may be neceffary for the convenience of the inhabitants that the divided into lands aforefaid fhould be divided into parifhes: Be it further enafted by the authority

aforefaid, That all that fpace or trad of land, lying and being between the river Alata

maha, and the north branch of Turtle River, and from the head of the faid laft men

tioned river in a northweft line, (hall be and forever continue a pariih by the name of , David, *' The parifh of St. David;" and from the north branch of Turtle River to the fouthern

branch of the river Little Sattilla, and from the head of the faid river Little Sattilla, in a

northweft line {hall be and forever continue a parifh by the name of " The parifh of St. ?t.'Patrick. Patrick j" andfrom the fouthern branch of theriver Little Sattilla, to the fouthern branch

of the river Great Sattilla,, fhall be and forever continue a parifh by the name of " The

St, Thomas. parifh of St. Thomas;" and from the fouthern branch of the river Great Sattilla to the

fouthern branch of the river St. Mary, and from the head of the faid river St. Ma^

ry in a due weft line, including all the iflands within the faid boundary, fhall be and

forever continue a parifh by the name of "The parifh of St. Mary."

COUNTIES, (COURTrHOUSES AN13 JAILS.



153

3. And be it further enabled by the. authority aforefaid^ That the ifland of J

fhall from henceforth be and forever continue apart of the parifn of St. James.

'' "

'

ALEXANDER WYLLY, Speaker.

JAMES HABERSHAM, Prefident.

March 25, 1765,

JAMES WEIGHT. ,

,

An aft for fixing and ejlablifhing court-houfes and jails, and the fixing and regulating elections in-the different counties of thvsflate.

i. "\ 1C THEREAS no law has yet been pafTed for the building and creQing court-

V Y houfes and jails, and for the fixing and eftablifhing places for holding elec

tions in the different counties of this ftate, and it. being now neceflary for pafling of

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

ing and clofing the polls of the refpeclive eleclions: Be it therefore enabled by the free

men of the ftate of Georgia in General AJJ'embly met, and it is hereby enacted by the

authority of .the faine, Thatfiom and immediately after the pafling this aft, the court- {f^^urt

houfes and jails for the different counties (hall be creeled at the places hereafter men-^[0h'^j?!

tioned, which (hall be refpecled as the fixed and eftabliflied places for holding elec- dcaiciis'

tions in the fauie, that is to, fay, the court-houfe and jail (hall be creeled, arid the elec

tions held in and for the county of Chatham, in the town of Savannah; the court-

houfe and jail fh all be creeled, and the eleQ ions held in and for the county of Liberty,

a-t Sunbury;* the court-houfe and jail (hall be ereQed, and the eleclions held in and

for the county of Effingham, at Tuckafee Kings;t the court-houfe and jail fhall be

creeled, and the elections held in and for the county of Burke, in the town of Waynef-

borough ; the court-houfe and jail fhall be.creeled, and the eleclions held in and for

the county of Richmond, at the place where the road cfoffes the Little Kioka Creek,J

leading to the meeting-houfes and that the fuperior courts be held at Augufla till a

jail and court-houfe are built, and that eleclions be held at the place fixed on ; the

court-houfe and jail-thai! be creeled, and the eleclions held in and for the county of

Wilkes, in the town of Wafhington.

2 and 3 Regulates eleclions, repealed by acl of 1799.

4 and 5 Point out the qualifications of reprefentatives, &c. See the conftitution.

./Savannah} February $6, 1784.

JAMES HABERSHAM, Sfeater.

An act for annexing certain i/lands to the county of Glynn.
-L. T>E IT ENACTED .by the Senate and Houfe of Reprefentatives of theftate ofc^K M,AS JLJ Georgia in General AJfernbly met,- UThat all. the Wands on the fouth fide of thecoG"lynn>tx!y<e'of oth*
* Removed to Riceborough ty aft of 1 797. f Removed to Springfield. Vide aft of 1797, and aft of 1 799.
I Held at Augufta, See ad of 1790.

154

COUNTIES, COURT-HOUSES AND JAILS.

Alatamaha to the river Little Sattilla and St. Andrew's Sound, together with Great and Little St. Simons, Long Uland and the Hunting Iflands, be, and the fame are hereby annexed to and declared to be a part of the county of Glynn.
SEABORN JONES, Speaker of the Houfe of Representatives. .NATHAN BROWNSON, President of the Senate.
EDWARD TELFAIR, Governor.
December 20, 1789.

preamble,

An act for fixing on proper places in the counties of Effingham, Glynn and Camden, for eretting jails and court-houfes, andjor eflablijliing fuperior courts in the counties
(if Franklin and Greens.

i.

"IVk/lsTVi /THCEaRmEd, eAn,S

the and,

trh.aepl i.irdf,,rinocnrteiearfehr toufatpLi.oonpA urleaqtiuoinreinth. ethme oclontupnotiie,nsteodf

Glynn and attention of

the legiOalure, that an equal diftribution of juilice may take place in the laid counties,

in common with the other counties in this ftate : Be it therefore enacted by the rc-prefentalives of the freemen of the /late of Georgia in General AJfembly met, and by the

authority of the fame, That from and after the patting of this aft, a court-houfe and

jail Ihall be erected, and the elections held in and for the county of Glynn at the town

of Brunfwick. The reft of this feftion relates to Camden, repealed by act of 1792

and aft of 1800. 2. And whereas no provifion hath hitherto been made by law for building a court-

houfe and jail in the county of Greene, nor any time appointed for holding the fupe-

rior courts in the faid county; for remedy whereof, Be.it enacJed by the authority afore-,

faid') That a court-houfe and jail Ih all be erected, and the elections held in and for thecounty of Greene at the town of Greerifborough, and, that the fuperior courts fhal!

beheld at Greenfborpugh on the next Tuefday after that of Wafhington.

3. Relates to the court-houfe, jail and elections in Effingham--repealed by aft of

1799.

_

4. Appoints commiffioners of court-houfes and jails for faid counties repealed by

aft of 1796, which constitutes the inferior courts commiffioners.

5. Appoints a temporary place for holding courts, and the time when the courts

fnail commence repealed.

.

6. And be it further enacted, That the commiffioners of each county, or a majority

cf them, fhall have full power at any time of their meeting for the purpofe abdve

mentioned, to proceed on the bufinei's fpecified by this aft.

WILLIAM GIBBONS, Speaker.

Augufta, February 10, 1787. ' "

An ac~l to appropriate the vacant lots in the town of Ebenezer for the purpofes of ereff-

ing a court-houfe andjail, and for the_fupport of an academy in the J'aid town, and to

appoint commij/ionersfor the fame. .

'<

.

:. : ; . .

E IT ENACTED by the Senate and ttoufe ofRefirefent&tivei ofthejlate ofGcorgia in General AJfembly met, andbythe authority'thereof, That Jeremiah Cuyler,
John G. Niedliager? Jonathan Rawhn, Eli'as Hodges, and John Martin Dalher,

COUNTIES, -COURT-HOUSES ANlSr JAILS;

,

be, and they are hereby appointed commiffioners for the town and common of

Ebeaezer, in the county of Effingham ; and the faid comrniffioners or a majority of

them mall have full power and authority (after having given three months public no

tice thereof in the gazette of Savannah, and at three or more public places in. the

county aforefaid) to furvey, or caufe to be fun/eyed and laid out, the faid town of

Ebenezer, as nearly as poffiblc in conformity to the original plan thereof; which fur- pta^ftte^

vey fhall be recorded in the furveyor's office of the {aid county, and likewife in the TMJ^*g%,s

furveyor general's office.

ofhcc "

2. And be it further enatfed, That the faid co.mmiffioners or a majority of them, M,>5rscIICM.

{hall have full power and authority to fell at public vendue to the higheft bidder, at**1" 1"81

fuch time or times, place or places, as they may direQ, all or any of the lots in the

faid town which are vacant, or have by any other manner become veiled in the ftate

(except fuch as have been referved or as the comiflioncrs may think proper to refefye)

for .public or county ufes ; Provided, That, thefaid commiffioners fhall firft give thir

ty days public notice of fuch fale or fales in the Georgia Gazette, and in three or

morepubh'c places in the faid county ; and the monies arifing from the fale of fuch lots, Fovti,<>f

ih all be applied to the building a court-houfe and jail in the faid county of Effingham; a^/jali'ariTa-'

and if a balance (hould remain, it (hall be applied to the fupport of an academy with-" emy'

in the faid county,, under the direction of the commiffioners of the academy in faid

county. And the commiffioners herein before named, are required to pay over to the

commiffioners of the academy whatever balance rriay remain in their hands after buil

ding the court-houfe and jail as aforefaid.

g. And be it further tnaffed, That the commiffioners appointed by this law mall, K^fg"*'

'within three months after each fale, make return to the treafury of the number of lots tr"sl"r-

fold, and the prices of each, and fhall make yearly returns to the treafurer of the

monies;' expended by them about the buildings aforementioned.

4. And be it further enabled. That the commiffioners herein before appointed mail, , J , , tbefrore thi ey enter on thi e diuties otr thT ei r appoi ntment, give iboiid, with, V iecunty to th, e' Aamndl spcivceur<k>*(-mr

juftices of the inferior court of the faid county, in the fum of thirty pounds each;

and fhall likewife take and fubfcribe the following oath, to wit, " !<, A. B. do folemnly 0!"*'

fwear (or affirm, as the cafe may be,) that I will faithfully discharge the truft repofed

In me, to the befl of my abilities and underftanding. So help me God."'---See the

next aft.

*$,

THOMAS STEVENS, Speaker of the Houfe of Rcprefcntatives,

BENJAMIN TALI A FERRO, Prefident of ihe Senate, '

Concurred February 18, 1796.

JARED 1RWIN, Governor*

An act to kJldbUJh the permanent feat of the court-houfe and jail in the county of Effinghami
'" XA/^-^^-^^S it appears that the true intent and meaning of the aft, entitled V .V ' An aft to veft powers in the commiffioners for the county of Effingham
to fix on a place for building a cdurt-houfe," paffed at Augufta in January, one thoilfand feven hundred and niriety-five, was to remedy the evils and inconveniencies of holding the courts of the faid county at an extreme corner thereof, by fixing on a place moft convenient to the inhabitants: for remedy whereof Be it -entitled by the Senate and Houfe of Reprefeniatives of thejlatc of Georgia in General Aflembly met,-

COUNTIES, COURT-HOUSES AND JAILS.

ly the m 'ht)rify ofihefame, That David Hall, Jofhua Loper, Samuel Ryals,

?i*icrt-h'ousee Godhelf Smith and Drurius Garrifon, be and they are hereby appointed commiffion-

4" ja' % ers, with full and ample powers to point out and fix upon themoft fuitable and con

venient place at of near, that is to fay, within five miles of the centre of the coun

ty, for creeling a court-houfe and jail thereon; and. fuch place to be agreed on by

them, or a majority of them, fhall, and the fame is hereby declared to be the per

manent feat, of the court-houfe and jail of the faid county of Effingham.

S'SbeS 2> -^ n^ t> e it further enabled, That from and immediately after the expiration of the

in the interim. time appointed for holding the next term of the fuperior and inferior courts in and

for the faid county of Effihgharn, the fame {hall be held at the plantation and houfe

of Jarnes Wilfon, the fame being at prefent the molt fuitable place near the centre

of the faid county, until a permanent place be fixed on, and a court-houfe and jail

fhall be erefted in purfuance of this aft, any thing contained in or done in virtue of

the before recited aft to the contrary hereof notwithftanding, which laid aft,is here

by repealed.*

..

'

DAVID MERIWETHER, Speaker of the Houfe of RefrefenMives.

DAVID EMANUEL, Prefident of the Senate.

Concurred February 10, 1797.

'

JARED IRWIN, Governor. .

* See aft of 1799.

An aft to appoint commiffioners for the town of Hardwick, and to appoint coMihiJfioners for the county of Wafhington, to fix on a proper placefor the court-houfe and jailfor ihefaid county, andfor building the fame.

commission- i. TJ E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of

"'"''

-L3 Georgia in General Ajfembly met, and by the authority of the fame, That John

Wereat, Robert Holmes, James M'Gillivray, William Clark, Simmons Maxwell,

Thomas Collier and Jofeph Stiles, {hall be, and they are hereby appointed commif

fioners for the town and commons of Hardwick, on the river Ogechee; and that the

faid commiffioners, or a majority of them, {hall have full power and authority, after

giving three months notice in the Georgia Gazette, to furvey, or caufe to be furvey-

ed and laid out, the faid town of Hardwick, after the fame manner and as nearly as

TiSaidlie poffible in conformity to the original furvey or plan thereof; which furvey fhall be

cmlmynsurvey recorded in the furveyor's office of the county, and likewife in the office of the fur-

ovre'syoarndgesnuerr-al's ^vT^tvyr/u-vl- got--pUnCplrcalli.

....

mycseiuiiva- 2. And be it further enatted by the authority aforejaid, That the faid commiffion-

Sraf.ots'" siua ers or a majority of them, fhall have full power and authority, to fell at public ven-

due, to the bighefl bidder, at fuch time or times, place or places, as they may think

beft, all or any of the lots in the faid town, which are vacant, or have by any other

means become vefted in this ftate, except fuch as have been referved, or which the faid

commiffioners may think proper to referve for public ufe ; of which fa-le or fales, the

faid commiffioners fhall give fix weeks public notice in the Georgia Gazette, and the

Money a??TM- monies arifiiig therefrom fhall be applied, under the direction of the faid commiffion-

useofthe ;caoiu\avnt-dhaccma<seie&-

ers to creeling a court-houfe and jail; and if a balance mould remain, it fhall be ap,phe' d towards Obmlding an academyJin th.> e faid town, the laid commm rrioners to mak, era

COUNTIES, COURT-HOUSES AND JAILS.

i 57

return to the treafurer, within three months after the fale, of the number of lots fold, and the prices of each; and fhall make yearly returns to the treafurer, of the monies expended by them, about the buildings above mentioned.
3. And be it further enacled by the authority aforefaid, That John Watts, John commissioners Stokes, Owen Fort, Solomon Bechum and John Marcus, are hereby appointed com-Sy!IinEt8B miffioners for building and fixing on a proper place, as nearly central as may be con venient, for the courl-houfe and jail in Waftiington, and the juftices of the inferior court of the faid county are authorized and empowered to raife by tax,* to be by them levied, a fum not exceeding two hundred and fifty pounds, to be applied in pay ment for fuch public buildings.
WILLIAM GIBBONS, Speaker of (he Houfe of Refrefentaiives. BENJAMIN TALIAFERRO, Prejident of the Senate. GEORGE MATHEWS, Governor. December 19, 1793.
* See ad of 1796, authorizing inferior courts to levy county tax.

An act to efiablifli a town on North Newport River, in the county of Liberty, for alter ing the place for holding the courts and elections within the faid county, and for ap-
pointing comtnijjioners to erecl a court-houfe and jail.
W HEREAS it has been found that the town of Sunbury, the prefent feat of preamble, jufticefor the county of Liberty, is inconveniently fituated for conducting the public bufinefs of the faid county: And whereas, agreeable to a refolve of the laft General Affembly, authorizing and requiring the juftices of the inferior court of the faid county to call a meeting of the inhabitants to take their fenfe by ballot, for fixing on a permanent fpot for the feat of juftice in the faid county, and where the courthoufe and jail fhall be built, fo as to render the fame more convenient for the majority of the inhabitants, it has been determined by a large majority of the citizens of the faid county, that the town at North Newport bridge is the moft eligible place for the feat of juftice: And whereas, Matthew M'Allifter, efq. has offered to convey a piece of ground, containing two hundred and thirty feet, in length, and one hundred and fifty feet in width, lituate near the faid bridge, agreeable to a plan of a town called Riceborough, hereunto annexed, and in fee fimple, without any price or confideration, other than a wifh and defire to promote and encourage the faid town, and his regard for the inhabitants thereof:
1. Be it therefore enafted by the Senate and Houfe of Reprefcntatities of the Jlate o/ Comm!ss-lonef5 Georgia in General AJJ'embly met, That Thomas Stevens, Daniel Stewart, Peter^fcj^ic*. Wynn, Joel Walker, and Henry Wood, be, and they are hereby appointed cornmif- Sow tbc fioners to fee that the fquare as reprefented in the faid plan, be accurately admeafured""" 3*"* and laid out, in conformity to the plan of the faid town, to be called Riceborough, and to receive good and fufficient titles in fee fimple for the faid public fquare, contain ing two hundred and thirty feet north and fouth, and one hundred and fifty feet eaft and weft, or as nearly fo as the public road will permit, and alfo the ft reels and lanes of the faid town, as delineated in the faid plan, for the purpofe and ufe of a courthoufeand jail, in the faid county of Liberty.
2. And be it further enatted by the authority aforefaid, That Thomas Stevens, Dan- Andsuennfel.Stewart, Peter Wynn, Joel Walker, and Henry Woods be, and they are hereby S."

158

.COUNTIES, COURT-HOUSES AND JAILS.

appointed comrniffioners for erecting and keeping in repair a court lioufe and jail, within the laid fquare; and that in cafe of the death, refi'gnation, or refufal of any of the laid comrniffioners, his excellency the governor is hereby authorized arid empow ered to appoint fome other perfon or perfons to aft in his or their room. oiiit amic- 3. And be it further enaSed^ That after the palling of this aft, the courts and elecjSi<i"nSRice- tions heretofore held, and all other public bulinefs heretofore tfanfafted at the faid town of Sunbury, fhall be held and tranfacled at the faid town of Riceborough, and the feveral offices of faid county, be thereto removed, any law to the contrary notwithstanding.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentalives,. DAVID' EMANUEL, President of the Senate. Concurred, Febuary 11, 1797. JARED IRWIN, Governor.

An aEt for laying out a town in the county of Effinghi^n, and authorizing the coimnif/ion-' ers of the court-houfe and jail to make fait of the lots and appropriate the amount thereof, and to difpofe. of the, former court-houfe in Ebenezer*
tembie. i. "f y THERE AS David Hall, Jofhua Lopef, Samuel Ryals, Godhelf SmithV V and. Drurias Garrifon, commiffioners of the court<-houfe and jail of the
county of Eflingham, have purchafed a piece of land for creeling the public build ings in the county aforefaid: -Be it therefore Entitled by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in General AJJembly met^ and by the authority of the liroih1^TM"' famei That the faid David Hall, Jofhua Loper, Samuel Ryals, Godhelf Smith and totTnwkc'u- Drurias Garrifon, comrniffioners as aforefaid, or a majority of them, or their fuch"moneyto 1' ceffors i> office, mall and may lay out into lots of Rich fize as they may think proa'cou'Jwimi.^ per, the aforefaid piece of land, and fhall fet up and expofeto fale, within fix months cmmty.'0' tlu! after the paffing of this acl, the faid lots, and make titles thereto; and the monies arifing from fuch fale to be applied to the ufe of building a court-houfe and jail in the faid county, the town to 2. And be it further ena&ed,, That the faid town mall be known by the name of springfieid. Springfield, and hereafter be the permanent feat of public buildings. court-house in 3 -And be it further enafted, That the commiffioners aforefaid, or a majority of H,cnc/.erto be ^^^ f]:a]| an(j mav fe j[ tne C0 uit-houfe in Ebenezer, and apply the money as herein before directed, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives, ROBERT WALTON, Prefident of the Senate. Affented to February 7, 1799. JAMES JACKSON, Governor,
An'a^for appointing cortiviiffioriefs for afceftaining the boundaries of the towns and. commons of Brunfwic/i and Frederica, in the county of Glynn.
IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Georgia in General Affembly met} and by the authority of ihefame^ That George

COUNTIES, COURT-HOUSES AND JAILS.

159

Purvis, ^Richard Pritchard, Mofes Burnett, John Piles, and John'Burnett, be, ^;r-1J"SS10"-

and they are hereby appointed commiffioners for the town of Brunfwick; and they, or a majority of them, fhall have power to lay out, or caufe. to be laid out, the llcir i1

town of Brunfwick aforefaid, as nearly as poffible to the original plan thereof, and

caufe the ftreets of the fame to be opened, and the lots plainly marked or flaked off;

and fhall allb caufe the commons of the faid town to be re-furveyed, and an accu

rate map thereof, together with a plan of the faid town, returned to the furveyor ge- ]

neral's office within two months after the palling of this act, there to be put on record, <

2. And be it further enaffed,. That the faid commiffioners fhall, immediately after I

the faid town and commons fhall be fo laid off, advertife the fame in fome one of the {

public gazettes of this ftate for nine months, giving notice to all holders or owners of

lots in "the faid town of Brunfwick, to make a return thereof to the faid commiffi

oners, fpecifying the number or numbers of lots fo held or claimed, which faid owners

fhall pay for each lot fo held or claimed by him, her or them, the fum of one dollar,

which fhall be applied towards paying off the expences that may accrue in laying out

and ascertaining the fame. 3. And be it further ena&ed, That all lots (hat fhall not be returned to the faid c

commiffioners, within the term of nine months as aforefaid, fhall be by the faid com-'

miffioners advertifed for fale, giving fix weeks' notice thereof in the public gazettes of

the

faid ftate, one half of the purchafe money

to

be paid down, and

the

remainder

in

on certain dition B.

con

twelve months thereafter the purchafer or purchasers giving bond with mortgage on

the faid lot or lots fo purchafed, for the payment thereof; and the monies arifingM0nev risi,lg

from fucli fale fhall be applied to the fupportofan academy or feminary of learning {"b" ^pifiuo

in the county of Glynn, except fo much thereof as may be neceffary to defray a pavtSyinciynnl

of the :expences in laying off" the faid town and common.

4. And be itfurther enabled. That the commiffioners {hall.have power to rent or Town-mn;oa

leafe the whole or any part of the faid commons * of Brunfwick, as to them may be

deemed bell for the fpeedy fettlement of the faid town of Brunfwick.

5. And be it further enaSed,, That John Cooper, William M'lntofh, James Har-c<mm>usiTMen>

rifqn, James Moore, and William Clubbs, be, and they are hereby appointed commif-"1 ' redcr""':

fioners for the town and commons of Frederica, who fhall have the fame power, and

be under the fame regulations, as the commiffioners appointed by this aft, for the

town and commons of Brunfwick.

6. And whereas feveral perfons^iave at fundry times made attempts to run up the ^$',^tfTM sur"

commons of the faid towns, but have been as often defeated in the caveat courts o { to"n-commo"-

the faid county, by the exertions of fome of the proprietors of the faid towns of

Brunfwick and Frederica: Be it enafted, That any perfon or perfons who may at

tempt to run any part of the faid commons or towns of Brunfwick or Frederica, un

der any pretence whatfoever, fhall be liable to a fine of five hundred dollars, to be

recovered in the fuperior court of the faid county, by the commiffioners, or any other

perfon or proprietor of any lot or lots-in the faid towns, which faid money fhall be

applied, one half to the ufe of the academy, and the other to the ufe of the perfon or

perfons fuing for the fame; and all furveys heretofore made, and grants furreptitioufly

obtained, are hereby declared null and void, and any perfon or perfons taking pof-^lsurv

feffion by virtue of any furvey or grant as aforefaid, fhall be liable to the aforefaid""' '

fine, to be recovered in manner aforefaid.

* Empowered to fell a part by ad of 1797.,

i6o cia!'n&

COUNTIES, COURT-HOUSES,AND JAILS.
7- And be, it further enatted, That all laws heretofore patted appointing commiffion'ers for the towns and commons of Brunfwick and Frederica be, and the fame are hereby repealed.
THOMAS STEVENS, Speaker of the Honfe of Reprefintativa. BENJAMIN TALIAFERRO,, Prefidcnt of the Senate,. Concurred February 21, 1796. JARED 1RWIN, Governor.

An aft to make permanent thefeat of the public buildings in the county of Glynnt andfor other purpofes therein mentioned.

commission- i. TT> E IT ENACTED by the Senate and Houfe of Representatives of the flatc of

""'

JD Georgia in General Ajfembly met^ That Richard Pritchard, Martin Palmer and

Mofes Burnett, be, and they are hereby appointed coninallioners of the court-houfe

and jail in the county of Glynnj which court-houfe and jail fuall be erected on one

S"oTc**y of the moft convenient public lots in the town of Bnmfv.'ick, which ihall be conveyed

to them by the commiffioners of the aforefaid town and commons.

.
cboemmoido.n tti;iy

2 . And .whereas it has been found that there is much more land referved for the commons of Brunfwick than is neceffary for that purpofe: Be it therefore enabled,

That the commiffioiiers of the above town and commons are hereby authorized to

fell and difpofe of five hundred acres of the commons of Brunfwickj at fuch time and

place as they may deem moft proper, after giving three months public notice in one

of the gazettes of Savannah, in lots not exceeding fifty acres each, and make titles

Money arising to the purchafer or purchafcrs in fee fimple; which monies arifing from the fale of

hair totTM' ma the faid land Ihall be applied under the direction of the faid commiffioners of Brunf-

&cu.radtheV wick, as follows, to wit, one moiety thereof to the ufe of the court-houfe and jail,

4teny?ca~ and the other to the ufe of the academy^ Provided, That the faid lands be not fold

for lefs than three dollars per acre; any law to the contrary notwithftanding.

DAVID MERI WETHER, Sf taker of the Houfe of Refrefentativet.

DAVID EMANUEL, Prefident of the Senate.

Concurred February 13, 1797.

, ..

JARED IRWINj Governor.

%

An aH to authorize the inferior court ofthe county of Bryan to leafe the commons of Hardwicke and the glebe land of the faid county.
. E IT ENACTED by the Senate and Houfe of Refirefentatives of the flats of m^aaynle'casoeutnhfe . f*r---""&* beorgiai'n,'--G, eneral; AJrJt-e- mbly met, andi bi y th, e authi ority ofr thi ejarme^ WIihat thi e i n
ferior court of the county of Bryan, be, and they are hereby authorized and empow ered to leafe, from time to time, for a term not exceeding feven years, the common Money applied of Hardwicke, and the glebe land of the faid county ; and to apply the rents and profits arifing therefrom, to the repair and improvement of the roads and bridges in the
county 5 m fucfa manner as they ihall deem naoft expedient. DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives. DAVID EMANUEL, President of the. Senate.
Affented to December 4, 1799. JAMES JACKSON, Governor.

GOURT-HWSES'AND JAILS.
tf$ ^ autJwrife the inferior court of the county of Burke to leafe the glebe land of tin faid count)'.
E IT ENACTED fy the Senate and Houfe of Reprefentatlm of the fidte of^t Georgia in General Ajjemlly met, and by the authority of the fame. That the gTM 'inferior court, of the county of Burke be, and they are authorized and empowered to i^ leafe from time to time, for a term not exceeding five years, the glebe land of the laid Ai,d ap county, and to apply the rents and profits, ariftng therefrom;, to the relief of the poor rSw1 thereof, at the difcretion of the faid court. ,
DAVID MERI WETHER, Speaker of the Houfe of Refrefentativsst , DAVID EMANUEL, Prejident of the Senate* Affented to December 2, 1800. JAMES JACKSON, Governor

"&n 'dc\ to ejlabliffi a io-uin on St. Mdrfs River, in the County of Cdmden; for altering the placefor holding the courts and elections within thefdid county, andfor dppointing commiffioners to sreft a court-hovfe andjail in the county of Franklin,

i. TIE IT ENACTED ly the Senate and Houfe of Reprefent'atives of the flat? of ^ ^

JLj Georgia in General Ajfenibly met) That a town heretofore laid out on the 1"41'*"

iriver St. Mary's, in the county of Camdenj a .plan whereof has been recorded in the

office of the county fUrveyor of faid county, mail be, from and after the paffing of

this aft, vetted in five cbmmiffioners, and be known by the name of " St. Mary's;"

and that James Seagrove, William Maulreyj William Johnfton, Thomas King and coffljisSiiL

John King be appointed cbmmiffioners thereof, who, or amajority of them, are here- 6"'

by authorized and required, within twelve months after the paffing bf this aft, to

tranfmit to the furveyor general, afair and correct copy of the plan of the faid town, T >t *

Lby ihim to Tbe recordiedi iin thi e o rrnr-ce or< tht e lfurveyor generali otr thi is intate.

'ptloawnnomf tthhee ,

4



jo

,,

durveyur &enc^

2. And be it further enatted, That in cafe bf the death or refufal to act of any of^Si, lto+r

the faid corhmiflioners his excellency the governor is hereby authorized and empower- tobefiflt:i'

fed to appoint fome other perfon or perfons in his or their room.

The remainder of this aft rel'pefting cbmmiffioners of the court-houfes and jails

bf Camden and Franklin counties; repealed by aft bf 1796. See alfo aft of agth

November., 1800; relative to Camden.

WILUIAM GIBBONS^ Speaker of the Houfe of ReprefentativeS*

.,. . BENJAMIN TALIAFERROj Prejident o/the Senate*

December 5, 1792.

EDWARD TELFAIR) Governor!

buildings efd'e county of Camden^ dt^ or near the 'Centre offaid county;
ii; aPPfears that .the (feat bf public bufinefs in the county of Gamden is found to be extremely inconvenient to a majority of the inhabitants there-

COUNTIES, COURT-HOUSES AND JAILS.
to0TMoiiflOMtt of? ^ being at one extreme end of .the.county : Be it therefore enatted by the Senate ?CTtrenoftiee and Houfe of Reprefentatives of the Jlate of Georgia in General AJJ'embly met, and ly cCoTt-Lf" he ^e authority of the fame, That Thomas M'Call, Phinehas Miller, John Floyd, andjaii. Hugh Brown, and William Niblack, be, and they are hereby appointed commiffion-
ers, and they, or a majority of them, are hereby fully authorized and empowered to fix upon the mofl convenient place, at, or near the centre of laid county, for the purT> purchase pofe of creeling a court-houfe and jail, and to contract for fuch quantity of land as purpoX >at they may deem fufficient to anfwer public ufes ; and the faid commiffioners or arnaiote^eiiVmi0 jonty of them, fhall have power to lay outany part or all of fuch land as afordaid, neytoeaa into l ts of fuch convenient fize as they may judge moll proper; and fhall expofe STjalr166 to public fale within fix months, or in.convenient time after the pafling of this aft, and make titles thereto ; and the monies ariling from fuch fale or Tales to be applied to the ufe of building a court-houfe and jail on the aforefaid premifes. ifehcaneTjef- 2 - And be it further enabled, That the aforefaid town or feat of public buildings toon. fhall be known by the name of " Jefferfon;" and after the completion of the build ings as aforefaid, fhall be the permanent feat of public bufinefs for the county aforefaid. heMatst.lMa- 3- -^ n^ ^c it-further enaBed, That from and after the paffing of this aft, the place K'buiidl1nE^tb'of holding courts,, eleclions and other public bufinefs, fhall beat the town of St. Maare coraPletal- ry's, until the place be fixed on by the commiffioners aforefaid, and buildings ereted as aforefaid, and no longer. Se-*E 4- -^ n^ ^ e it further enaffed, That all laws or parts of laws heretofore made that militate againft this a6t, be and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Rtprefcntatiw'. DAVID EMANUEL, Prefidenfof'the Senate, Affented to November 29, 1800. JAMES JACKSON, Governor.

An :aelfor dividing the county of WaJJiington.

i. u Jii- IT ENACTED by the reprefentatives of the freemen of the ftate of Gear-

county -"-^

General Affembly met, and by the authority of the. fame, That a line fhall

kid out. j-jg run north forty-five degrees eait, beginning on the Oconee River, fix miles above

the Rock Landing, until it ftrikes the Great Ogechee River; thence up Ogechee to the

head of the main branch; from thence a direct courfe to the Cherokee Corner; from

thence to the fouth branch of Oconee, running into that river at or near Zachariah

Philips'; thence down the Oconee to the beginning, including a tracl of country

which foall be called arid known by the name of " Greene County."

court-house a 2- And be it further enaSed, That the court-houfe and jail fhall be built, and the

Jonthebceoiiege fupcrior-courts and annual eleclions held at a town to be laid out on the College

1"tu1'

Survey on Richland Creek.

3. And be it further enaflcd, That the truftees of the univerfity, or a majority of

' them, fhall be, and they are empowered and requ.efted to lay out, or caufe to be

laid out, a town, which fhall be known by the name of " Greenfborough," onfaid Col

lege Survey; 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 purchafersj

COUNTIES, COURT-HOUSES AND JAILS.
in fee fimple: Provided only, That the money arifing from the fale of the faid lots and lands adjacent, lhall be applied to the'fole purpofe of promoting learning and Icience, and the quantity of land fo to be laid off' does not exceed one thoufand acres.
WILLIAM GIBBONS, Speaker. Augufta, February 3, 1786.

An aft to divide the county of Richmond.

I. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the [late of

J3 Georgia in General AJfembly met, That the county of Richmond {hall be di- cotm

vided into two counties, in the following manner, viz. beginning on the river Savan

nah, at the mouth of Red's Creek; from thence a line fhall be drawn, running fouth

forty-five degrees weft, and all that part of Richmond county lying above, or northweftwardly of the aforefaid line, mall be one county, and known by the name of *' Columbia," and fhall have two reprefentatives apportioned to it, from the repre-

fentation of the county of Richmond.

2 Appoints commiffioners of court-houfe and jail for Columbia county. Ob-

folete.

3. And be itfurther tnatfed, That all that part of Richmond county lying below Rw.mod or fdutheaftv/ardly of. the aforefaid line, fhall compofe one other county, and retain the name of " Richmond;" and that George Handley, John Meals and Robert Forfyth, efqrs. or any two of them, be and they are hereby appointed commiffion-. ers to fix on a place to build a court-houfe and jail for faid county of Richmond, in the town of Augufta.

4 Empowers the collectors of each county to colleft a county tax, &c. to build court-houfes and jails, &c. Obfolete.

5 Applies the money fo collected, &c." Obfolete.

6 Concerning fuits commenced previous to the divifion. Obfolete.

7. And be it further enabled, That the furveyor for the county of Columbia fhall county HM t run, and plainly mark, gratis, the aforefaid line, dividing the county of Columbia mark?d.utaM from the county of Richmond, within thirty days after his appointment.

8 Refpefts the commencement of courts in faid counties--repealed by aft of 1799.

JOSEPH HABERSHAM, Speaker of the Houfe of Refirefentatives.

NATHAN BROWNSON, Preftdent of the Senate, EDWARD TELFAIR, Governor,
December 10, 1790.

'.

An^aHfor dividing the county of Wi.lkes9 andfor other purpofes.
1. "p^EE IT ENACTED by the Senate arnid Houfje of Reprefentatives of thejlate o, ,,.... _ Georgia, in General Affembly met, That all that part or parcel oif the county Uldoutl
of, Wilkes, lying on the north fide of Broad River, from the mouth thereof to the main fork; thence up the fouth main fork to where it interfefcls the line dividing the county of Wilkes from Franklin, fhall be one county, to be called and known by the name of " Elbert;" and all that part of the faid county of Wilkes lying on the fouth
1

.164'

COUNTIES, COURT-HOUSES AND JAILS.

fide of Broad River, fhall retain the name of " Wilkes," and the court-houfe and jail thereof (hall be and continue at the town of Washington, the place formerly ap pointed by law for holding courts in faid county. inferior-court 3.. And be itfurthcr enabled by the authority oforefaid, That the juftices of the inferior court of the county of Elbert be, and they (or any three of them) are hereby fully authorized and empowered to fix on the molt convenient place for building a court-houfe and jail in the faid county of Elbert, and until fuch court-houfe and jail fhall be completed, the fuperior and inferior courts of faid county {hall be held at fome place to be agreed on by the faid juftices.
3 Refpecls building the court-houfe and jail, laying county tax, &c. Obfolete,, 4 Obfolete. See aft of 15th February, 1799, fixing the reprefentation. 5 Obfolete. See aft of \ 6th February, 1799, regulating courts. See judiciary,
JOSEPH HAJBERSHAM, Speaker of the Houfe of Reprcfcntatives. NATHAN BROWNSON, Prefident of the Senate. .EDWARD TELFAIR, Governor. December 10, 1790.

.An aU to lay out a county out of part of the counties of Wajhington and Greene.
'*' T^^ ^ ENACTED ly the Senate and Houfe of Reprefentatives of the /late of JLJ Georgia in General Affembly met; and by the authority of the fame, That a new
county fhall be laid off out of part of the counties of Wafhington and Greene, in the following manner : A line fhall run, beginning near Alexander's mill on the north fork of Ogechee, to run in a direct courfeto Fofter's plantation on the Oconee Ri ver, thence down the fame to the mouth of Buck Creek, near the Rock Landing, thence a direft line to where the lower trading, road croffes Town Creek, from thence "with a road leading from the Rock Landing to Georgetown, to where the fame crof fes the river Ogechee, thence up Ogechee to the beginning} and all that part of the counties of Wafhington and Greene, comprehended within, and lying between the faid lines and boundaries, fhall be a county, and known by the name of " The county .framt-Sr of Hancock." And Harmon Reynolds, Matthew Rabon, James Adams, Abraham m ' * Miles and John Mitchell, fhall be, and they are hereby appointed, commiffioners, and they, or a majority of them, are vetted with full power and authority to fix on the mod convenient and central place within the faid county, at which courts and elections fhall be held, as foon as fuitable buildings are ereQed thereat. And the faid commiffioners, or a majority of them, are hereby authorized and empowered, to contraft with fit and proper perfons, for the purpofe of building a court-houfe and jail in the county aforefaid, which, after at leaft thirty days notice, fhall be let to the lowefl bidder. Provided, That until the court-houfe fhall be erected, the courts and elections, for faid county fhall be held at the houfe of John Whatley. rhferfor com* 2. And be it further enabled by the authority aforefaid, That the juftices of the inferiSty'tK, or court of the faid county are hereby authorized and empowered to levy a tax on the inhabitants and taxable property within the fame, for the purpofe of creeling a courthoufe and jail as aforefaid, which fhall be done in fuch a manner as in the judgment of the court fhall be leaft burthenfome to the inhabitants. Bounty line t 3. And be itfurther enabled by the authority aforefaid, That Henry Graybill, fhall kenuujwd. ^ and he is hereby appointed to run the upper and lower lines bounding the fakl

COUNTIES, COURT-HOUSES AND JAILS.

165

county, and that the charges thereof fhall be paid by the inferior court of the faid

county, to be levied as in this a6t directed. 4. And be. it further enaBed by the authority aforefaid, That all civil and military

jorhfrfmiceedr, s,inw. tihthe, iirn c. thoer'a. mboiui~hn-odnasr.ies of the faid county, (hall be, and they are hereby

htaorwy othffeicierrs to

WILLIAM GIBBONS, Speaker of the Houfe of Reprefmtatives. c

BENJAMIN TALIAFERRO, Prcftdent of the Senate.

GEORGE MATHEWS, Governor.

December 17, 1793.

An ac~l to lay out a county out of part ofthe counties of Burle and Ejfinghain.
i. OE IT ENACTED, 'by the Senate and Houfe of Repfefentatives of the Jl ate of Georgia in General AJfembly met, and by the authority ofthefame, That a new sc^ncTM*
county (hall belaid off out of part of the counties of Burke and Effingharn, in the following manner : A line fhall be run beginning at the mouth of Rooty Branch, on Savannah River, near Nathaniel Lundy's, to run in a direct courfe to the mouth of Little Ogechee; and in the fame direction from thence to Canouchee; another line {hall be run, beginning at Somerlin's ferry, on Savannah River, to run in a direct 'courfe from thence to the junflion of Buckhead Creek and Ogechee River, and from thence up the faid river to the dividing line between Wafhington andEffingham, from thence along the faidlineto Canouchee, and down that ftream to where the firft men tioned line ttrikes it. And all that part "of Burke and Effingham counties comprehend ed within, and lying between the faid lines, and between Savannah River and Canou chee, not above or below the lines aforefaid, fhall form a county, and be known by the name of" Scriven." And that Paul Bevil, William Skinner, and John Lott, fen. commissioner. mall be, and they are hereby appointed commiffioners, and they or a majority of'"'wajaii, them, are vefled with full power and authority to fix on the moft central and conven ient place within the faid county, at which the courts and elections* mall be held, as foon as fuitable buildings are erected thereat ; and the faid commiffioners or a majority of them are authorized and empowered to contract with fit and proper perfons, for the purpofe of building a co'urt-houfe and jail, in the county aforefaid, which, after at leafi thirty days notice, fhall be let to the loweft bidder. Provided, That until the courthoufe fhall be erected, the elections and courts for faid county fhall be held at the houlb of Benjamin Lanier.
2 Empowers the inferior court to lay a county tax--repealed. See aft of 1796. 3 Directs the county furveybr to run the line. Obfolete. 4 Gives Scriven one reprefentative, to be taken from Burke--repealed by act of 1799.
5. And be it further enacted. That all fuits already commenced in the afore'faid suit, aireadv county of Scriven, fhall continue and be profecuted in the counties of Effingham SK?' and Burke, until the courts of the county of Scriven aforefaid are properly organ ized, and fuch juftices of the former counties of Effingham and Burke, as may*fall within the county of Scriven, fhall continue to exercife their refpective appointments, officers to. >*,
WILLIAM GIBBONS, Speaker of the Houfe of Rcfircfentatives. . tin"ctoatt' '
BENJAMIN TALIAFERRO, freftdent of the Senate. GEORGE MATHEWS, Governor,
December 14, 1793.

i<?<5

COUNTIES, COURT-HOUSES AND JAILS.

An act for laying out the federal counties herein after named.

i. T> E IT ENACTED by the Senate and Houfe of Representatives of the fate of

Twonewcomi- . -~' Georgia in General Affembly met, and by the authority of thefame, That two.

'

counties fhall be, and they are hereby laid out, from the counties of Wilkesand

tiiu- counties. |-ever^ otner counties contiguous or adjoining thereto, in the following manner and

form, to wit, the firft to begin at Megechee's bridge, on Ogechee River, thence along

the road leading from that bridge to the Chickafaw Ford on Brier Creek ; thence up

Brier Creek to the mouth of Sweet Water ; thence up faid creek to Watfon's mill,

from thence to the path known by the name of " The Old Line path at Hodgins' " from

thence a ftraight line on Stark's old mill on Little River ; thence up that river to the

mouth of William's Creek ; thence up the faid creek to the mouth of Beaver Dam ;

thence a ftraight line to Ogechee, fo as to include the plantation of Col. Alexander,

<mntyor anc^ down the Ogechee to the beginning : which faid county fhall be called and known warren, by tne name of " Warren,"

2. The other county fhall begin at the mouth of Long Creek ; thence up the faid

creek to the mouth of the dry fork thereof; thence up faid fork to Jofeph Staton's 3

thence a direcl; line to William Hammett's ; thence to Armours ford on Little River

thence the fame courfe continued until it ftrikes Sherril's Creek ; thence a direcl. line

to Livingfton's mill on Ogechee; thence up the fame to the Greene county line;

thence along faid line to the Cherokee corner ; thence along' the line dividing Wilkes

and Franklin, to the fouth fork of Broad River; thence down Broad River to the

countyof place of beginning; which faid county fhall be called and known by the name of

Olcthorpc. "f, ,Or->gli ethi orpe; ,>

o

J

3. And be it further enaSed by the authority aforefaid, That the county furveyor of

Wilkes fhall be, and he is hereby appointed to. run and plainly mark the feveral ar

tificial lines, agreeably to this at., for the aforefaid county of Warren ; and the coun

ty furveyor of Elbert fhall be, and he is hereby appointed to run, and plainly mark in

like manner, thefeveral lines round the county of Oglethorpe ; which faid line fhall be

run and marked as aforefaid, within two months after the palling of this aft ; and the

faid county furveyors-fliall.be allowed, by the county courts of the aforefaid counties

of Warren and Oglethorpe, a reafonable compensation for fuch fervices, to be by

them levied on their refpettive counties, and fhall be fubjecl when collected, to their or

der for the purpofes aforefaid. .

4 Directs justices to act till the adjournment of the next legiflature. Obfolete.

5 Appoints s commiffioners for each county to fix on a place for the court-houf^

and jail. Obfolete.

inferior court 6. And be it further enacted, That thejuftices of the inferior court for the county

for tile pirbHc o f Warren, or any three of them, are hereby authorized and empowered to contract cbouuilndtiyngusx, .l&ayc. with proper' perlon/s to undertake a'nd complieiterly-n-nn uh a court-i nor uie andij-a- ilirr orria'jcli

county, on fuch plan and in fuch form as they may think proper; and the faid county

court may raife by tax, to be by them levied, a fum not to exceed two hundred and

fifty pounds, to be by them applied to the building fitch public buildings; and the

juftices of the inferior court for the county of Oglethorpe {hall in like manner contract

with fit and proper perfons for building their court-houfe and jail, and may raife by

tax on their county, a tax not exceeding two hundred arid fifty pounds, to be applied

as aforefaid.

7 Afcertains the reprefentation--repealed. See aB of 1799-

8 RefpecTs fuits commenced previous to the divifion, Obfolete.

COUNTIES, COURT-HOUSES AND JAILS.

167

n/ 'And be it further enafted, by the authority aforefaid, Th#t one new county fl

tTntOAh county [aid out and

be laid off from the county of Liberty, in the manner following: from the north dchned

end of Black Beard Ifland to the mouth of South Newport River; from thence, up

Bull Town Swamp, to the mouth of Big Mortar Swamp, from thence to the head

thereof; and from thence a due weft courfe to the fouth branch of the Alatamaha,

thence down that branch of the Alatamaha which empties itfelf at the north end of Lit

tle St. Simon's Ifland, to its mouth, and from thence along the fea-coaft, to the north end

of Black Beard Ifland; which faid county fhall be called and.known by the name of

"M'lntofh."

, 10 Appoints commiffioners to fix on1 a place for court-houfe, i c. Obfolete.

11.

Arid.be it further enaffed by the authority aforefaid,

That the juftices of the in

Isferior court to contract for

ferior court of the county of M'lntofti to be hereafter appointed, are hereby autho- ^thgeSpu-blyliccTM

rized and empowered to contract with proper perfons to undertake and completely tytax>

finifh a court-houfe and jail for faid county, on fuch plan as they may think proper,

and the faid county court may raife by tax, to be by them levied, a fura which ihall

not exceed two hundred and fifty pounds, to be applied as aforefaid.

1.2 Afcertains the reprefentation of the county--repealed by acl of 1799.

13 Refpe&s fuits commenced previous to the divifion. Obfolete.

14 Provides a temporary place for holding courts in faid county. Obfolete.

15. And be, it further enatted by the authority aforefaid, That one new county fhall j^TM.^

be laid off from the county of Chatham, in manner following: beginning at^'"'"1-

the mouth of, and running up and with the meanders of Midway River to the conflu

ence of Mount Hope Swamp; from thence in a direcl courfe along the old line, divi

ding the parifh of St. Philip's from St. John's, until it ftrikes the river Canouchee;

from thence up the main itream of faid river, until it ftrikes the Wafhington line;

from thence in a diretl line acrofs to the mouth of Black Creek, on Ogechee River;

thence down the faid river to its mouth; thence with the fea-coaft to the mouth of

Midway River; which faid county fhall be called and known by the name of " Bryan."

16 Appoints commiffioners to fix on a place for court-houfe, &c. Obfolete.

17. And be it further enabled, That the juftices of the inferior court for the county {"f^t'j.J|tu^J

of Bryan, to be hereafter appointed, are hereby authorized and empowered to con-p^^ 0*"

traft with proper perfons to undertake and completely finifh a court-houfe and jail for cSytty,

faid county, on fuch plan as they may think proper; and the faid county courts may *c<

raife by tax, to be by them levied, a fum, which Ihall not exceed two hundred and

fifty pounds, to be applied as aforefaid.

18 Afcertains the reprefentation to be taken from Chatham,repealed by aft of 1799.

19 Refpecls fuits commenced previous to the divifion of the county. Obfolete.

20 Provides a temporary place for holding courts. Obfolete.

21. And be it further enacted by the authority qforefaid, That a new county mallMontgo.--'

be, and is hereby laid out and taken from the county of Wafhington in the following SSs!

manner: firft, by a line beginning at Carr's Bluff, on the Oconee River, and run

ning along the Uchee Path, to the place where faid path croffes Williamfon's Swamp;

thence in a direft line to the Ogechee River; thence down the faid river to the Ef-

fingham line; thence along faid line to where it {hikes the line of Liberty county;

thence along faid line to the Alatamaha River; thence up the laid, river to the conflu

ence of the Oconee and Oakmul'ge rivers; thence up the Oconee River to the be

ginning; which faid county {hall be called and known by the name of " Montgomery."

22. And be it further enabled by the authority aforefaid, That the county furveyor Dividing i&>.

of Wafhington fhall be, and he is hereby appointed to run and plainly mark the faid^^" 1""1

i68

COUNTIES, COURT-HOUSES AND JAIL&

direct line, from the place where the Uchee Path croffes Williamfon's Swamp, to the'
Ogechee River. 23 Direcls magiftrates then in Office to aft^ till the adjournment of the next
General Affembly. Obfolete. 24 Provides for fuits commenced previous to th'd divifion; Obfolete* 25 Appoints commiflioners to fix on a place for the eourt-houfe, and provides
a temporary one* Obfolete. 26 Prefcribes thoamode of ehoofmg clerks and other officers in the new counties*.-
Obfolete, See aft of 4th December, 1799, feel. 2. WILLIAM GIBBONS, Speaker of the Houfe of Reprefeniativesi BENJAMIN TALIAFERROj Prefident of the Senate-,
GEORGE MATHEWS, Governor* December 19, 1793.

jtn act to divide the county of Frdnktin.

. E IT ENACTED by the Senate and Houfe of Representative1!; of the JlMe of

laid out ana JackSOn COtWlty JILJTfc G,-t eorgia in G^> eneral1 AAff/ermbJl1y met, and1b7 y 7 the auth7 orit,y or/ th7 e mr ine. rIiAlhat allli aiucd. t,hat part orr th, e county orI-rrTan-k.IhIn-Ily.ing andi ibei ng wi thi in thi e lroliltowing il-imits, mn al1l1

form one other county^ and fhall be called and known by the name of " Jackfon,"

that is to fay : The line dividing the faid county of Jackfon from the county of Frank

lin {hall begin on the fouth fork of Broad River at the place where it interfefits the

counties of Oglethorpe and Elbert, from thence it fliall run up to the head or fource of

the middle fork, it being the main flream ; from thence fouth forty-five degrees, weft

to the main ridge which divides the waters of Broad River from the waters of the.Oco-

nee ; thence along the faid ridge to the temporary or weftern line of Franklin county ;

iind all that part of Franklin lying and being fouthwardly of the aforefaid line, fhall be,

included and comprehended in the county of Jaekfdn 3 and the remaining part of

faid county fhall retain the name of " Franklin."

2. Appoints commilfioners to fix on a place for the court-houfe--repealed by acl

of 2d February, i/gS-^and alfo fixes on a temporary place for holding courts.

Obfolete.

..,.,.

frfertor court 3- <And be it further enafted ly the authority aforefuid, That the juftices of the infe-

e?eavpuabifcxto nor court of the fard county are hereby authorized and empowered to levy a tax, not

bunding*. exceeding one fixth of their general tax, on the inhabitants and taxable property

within the fame, for the purpofe of creeling a court-houfe and jail, as aforefaid j'

which fhall be done in fuch manner as in the judgment of the court fhall be leaft

burthenfome to the inhabitants.

. ..

pwfaing line A. And be it further enabled by the authority aforefaid. That Malachi Tones fhall be,itioarbkeerdu.n a.nd ancl, ,he i.s h, ereb, y appoi.ntedi to r'un th, e l,.ines ofr Jth^ e fraid-, county, and1t1 hat1the chi arges'

thereof mail be paid by the inferior court of the County, to be levied as in this aft fe!

directed.

.

..

5 Afcertains the reprefentation-'--repealed. See al of 1799;

THOMAS STEVENS, Speaker of the Houfe of Reprefentati^st

BENJAMIN TALIAFERRO, Prefident of the Seriate;

Concurred February 11, 1796.

JARED IRWINj-Governor.'

COUNTIES, COURT-HOUSES AND JAILS.

169

An attfor laying out a new county from that part of Scriven that lies fouth of Ogechee River and part of Bryan county.

E IT ENACTED by the Senate Georgia in General AJfembly met, and by the authority of the fame, That one ISn
new county {hall be, and is hereby laid out from the counties of Scriven and Bryan, in the following manner and form, to wit, to begin at John Lanier's including the fameon Ogechee River, thence a direct line to be drawn to where Lott's Creek empties in to Canouchee, thence up Canouchee to the Montgomery line ; thence along the laid line to Ogechee River ; thence down the faid. river to the beginning; which county
fhall be called and known by the name of " Bullock." 2. And be itfurther enacted by the authority aforefaid, That the county furveyor of^
the faid county {hall be, and he is hereby appointed to run and plainly mark the arti- TMi"* ficial line, agreeably to this aft. for the aforefaid county of Bullock, and the county fur veyor mall be allowed by the county court of the faid county, a reafonable compenfation for fuch fervice, to be levied on the faid county, and {hall be fubjecl, when col.
letted, to the order of the court for the purpofe aforefaid. 3 Appoints commiffioners to fix on the place for holding courts, &c. and alfo
appoints a temporary feat for the court-houfe--repealed by a6t of 1799. ; 4 Afcertains the reprefentation to be taken from Bryan--repealed by at of 15th
February, 1799,
5. And be it further enabled by the authority aforejaid, That the jufticesof the infe- J^0,' rior court be, and they are hereby empowered to levy a tax upon the inhabitants of tytax' the faid county for the purpofe of creeling a court-houfe and jail within the fame.
THOMAS STEVENS, Speaker of the Houfe of ReprefenMnes-, BENJAMIN TALIAFERRO, Prefident cf fa Senate'. Concurred February 8, 1796.
JARED IRWIN, Governor.

An a& to lay off a new county out ofpart of the counties ofBurks and Warren, for divi ding the county of Wilkes, andfor other purpofes therein mentioned.
i. T> E IT ENACTED by the Senate and Houfe of Retirefentatives of the Jlate of ^ -O Georgia in General Affembly met, and it is hereby enacted, That a new county ^
fhall be laid off out of part of the counties of Burke and Warren, in manner and form following, to wit, beginning at Hargrave's bridge on the river Ogechee, from thence running in a direft line to Pegg's old field, thence in a dired line to Ballard's mill, thence in a direft line to the Chickafaw bridge or ford on Brier Creek, thence up the ftream of the faid creek to Harris' bridge; thence on a direft line to the mouth of Big Creek, where it makes a confluence with the river Ogechee aforefaid, thence down Ogechee to the weftern line of the Big Survey, thence acrofs Ogechee River a-direft line to run to the mouth of the firft branch above Vivion's bridge on Williamfon's fwarap, thence acrofs faid fwamp in a direa line to where the Sunbury line Erikes the Montgomery line, thence down the faid road to the Hurrkane, thence along faid Hurricane eaftwardly. to Williamfon's fwamp, thence down the faid fwamp to Reu-

170

COUNTIES, COURT-HOUSES AND JAILS.

ben Margrave's bridge the place of beginning;-which'county Qiall be Called and known by the name of " Jefferfon." hivMingu^s 2. And lie itfurther endtted, That Richard Grey of Warren county be, and he is marked"'TM hereby appointed, authorized and required to run and plainly mark out the lines here in before defignated ; and that the juftices of the inferior court to be appointed for the faid county of Jefferfon, be, and they are hereby authorized to levy a tax on the people of the faid county for defraying the expences thereof, as well as for the buil ding a court-houfe and jail in the faid county, which tax fhail not exceed one fixth part of the general tax of the faid county. commissioners 3. And be itfurther enatted, That Michael Shelman, John M. Sterret, Chefley homeaaS'jaii. Boftwiclc, jun. John Barron and John Parfons, lhall be, and they are hereby ap pointed commiffioners for erecting a court-houfe and jail as aforefaid, which faid comrniffioners or a majority of them, fliall have full power to contract for the building and completing the fame. samiemiiie 4. And be itfurther enacted, That the permanent feat of public buildings in the cotinwashilf'Sfn in ty ^ Wafliington, {hall be in the town of Sanderfville, it being the place where the county. court-houfe and jail of faid county do at prefent ftand, jcflersos courts 5. And be it farther enaffed, That the place of holding courts and elections for the ftoiiuvml'" county of Jefferfon, mail be in the town of Louifville, in the houfe of Jofeph Cheers, until a court-houfe lhall be erefted as aforefaid.
6 Afcertains the reprefentation to be taken from Warren---repealed by aft of 15th February, 1799.
7 Appoints new commiffioners for Warren County, with power to fix on a place for the court-houfe, &c. and appoints a temporary one--repealed by aft of 1797. .wncoin'county 8. And be itfarther enacted by the authority aforefaid, That one other new county detincd.:md fliall be laid out from the county of Wilkes, in the following manner and form, to wit, beginning at Rae's mill on Little River, running a direft line; from thence to------ Zimmerman's, on the road leading from the town of Washington to Barkfdale's ferry on Savannah, from faid Zimmerman's a direft line to Drury Cade's mill, on Broad River, from thence down Broad River to its mouth, thence down Savannah River to the mouth of Little River, thence up Little River to the beginning : which faid coun ty mall be called and known by the name of " Lincoln."
g Appoints perfons to fix on a place for a court-houfe, &c. repealed by aft of 2d February, 1798; and alfo appoints a temporary one. Obfolete. rsfcriof court io. And be it further enaSed, That the juuices of the inferior court of the faid ty teaZaand""-" county to be hereafter appointed, fliall be, and they are hereby authorized and emluikikis!' powered to levy a tax on the faid county of Lincoln; which tax lhall not exceed one half the general tax; and the faid juftices are hereby authorized and empowered to contraQ with forne perfon or perfons, to build and completely finifli the afore faid public buildings on fuch plan, and in fuch manner as they may direft; taking care to take good bond and fufficient fecurity of fuch undertakers, in double the amount to be paid for fuch public buildings, for the faithful performance of their duty,
i i Provides for fuits commenced previous to the divifion. Obfolete. 12 Afcertains the reprefentation to be taken from Wilkes--repealed by aft of 15th February, 1799. priding HOW 13. And be it further enacted, That the furveyor of the county of Wilkes, is marked."'1"11 hereby direftcd and required to run and plainly mark the lines defcribing the afore faid county of Lincoln from Wilkes countys for which fervice he fliall be alJow-.

COUNTIES, 6OURT-HOUSE5 Afof) JAILS.

171

ed the fum of twenty-one dollars^ to be levied on and colfeaed from the county" of Lincoln, under the direction of the county court thereof.
THOMAS STEVENS, Speaker'of the Houfe of Repr.efentatives'. BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 20, 1796. JARED IRWIN, Governor.

8 *e

An act for building dnd keeping in repair the court-hcufes and jdih in the reff'etiivt counties within this Jldte, andforlhefupportofthepoor,

i. E IT ENACTED by the Senate and Houfe of Reprcfentatives of the Jlate .of Georgiii in General Ajfembly m'ett, and by 'the authority of the fame, That from

after the paffing of this aft, the juftices of the inferior courts of every county

\vithin this ftate, in their refpeciive counties, fhall caufe to be ercBed and kept in

good repair (or where the fame fhall be already built) {hall maintain and keep in

good repair, at the charge of fuch county, one good and convenient court-houfe

of ftone, brick or timber; arid one fufficient jail, with the rieceffary apartments for the

fafe keeping bf criminals and debtors, well fecured with iron bars, bolts and locks, and

fhall caufe to be ereaed contiguous thereto, one pillory^ whippingpo'll and flocks.

2. And be it furkh'er endfted by the 'authority aforefaid, That the inferior courts 1 siiperini. in each county (hall have full power and authority at all times to enquire into the

condua of jailorsj and the ftate of jails in their refpeaive counties,, and on neglea

of duty to caufe fuch jailors to be removed by an drder to the fheriff ibr that purpofe; p"!

and the faid courts fhall have full power and authority to call on all perfdns

i " Jnc county motheir nies in their

heirs, executors or adminiftrators in their refpeaive counties, who have had, or may hands.

have county monies in their hands, collected for the exprefs purpofe of building

feourt-houfes and jails, or for any other county purpofe whatever; and in cafe of

lieglea or refufal to pay the fanle, the faid court fliall arid are hereby .required to

taufe executions to be iffued for the fall amount appearing to be due, in the fame

tnanner as the treafurer is authorized by law to iflue executions againft the defaulting

colleaors of taxes in the different counties; and fuch monies when colkaed, may

be applied by fuch court; to the ufes and purpofes of building and repairing court- Sdrenair"1

ihom/e s andj jail!s.

II

O

rt>

daonudrjW.-riousei

3. And to enable the juftices bf the iriferiof Courts to cari'y the iritentidh of this aft Maylie, vy a fully into effea: Be it further enatted, That the faid county courts be, arid they

hereby authorized and empowered to levy a tax on their refpetive counties, v "

tax it fhall be the duty of the colleaor of the general tax, to collea and pay

the hands of the clerks of fuch courts, he firft giving bond with approved fecurity

to fuch courts for the faithful colkaion and payment of the faid tax, at any time he

fliall or may be required by the faid courts fo to do: Provided always^ That theism*tot*:

tax to be levied by fuch courts as aforefaidj fhall riot exceed bne fourth part of the ofthgeuaf

general tax, which faid monies fo affeffed arid coined as aforefaid^ fhall be fub- UKt

jea to the order of the county courts; one half to be applied to the ufes arid pur

pofes aforefaid, and the other to the fuppdft of the poor arid building bridges, and

the colleaors fhall be allowed the fame cortimiffioris arid fees for fuch collection as

is allowed by law for the colleakm bf the general tax} and ihall be liable to the fanle

2

T7*

COUNTIES, COURT-HOUSES AND JAILS.

fines and forfeitures, for any default, negleft or improper conduct; which faid fines

and forfeitures may be impofed by the county court of each county, at their difcretion.

fild money a- 4 1 And'be itJurther-enacted, That all monies that now are, or may hereafter come,

s!it"KofreSTrayS into the hands of the clerks of the fuperior or inferior courts, by fines, or forfeitures,

tESepur- 0 and all money arifing from the fale of eftrays, are hereby made liable and fubject to

pose>

the draught, or order of the feveral county courts to be appropriated and applied as

aforefaid, either in the building or repairing court-houfes and jails, or to the fupport

of the/poor and building bridges, at the difcretion of fuch courts.

5 Fixes on a permanent place for the court-houfe &c. for the county of Bryan,

and alfo a temporary one repealed by aft of ift February, 1797.

uyifngTMoimty s 6. And bs itfarther enaBul, That all laws, or parts of laws, claufe or claufes here-

taxes repealed. tofore macje? or fuch part thereof as authorize the county courts of this ftate to levy

Chatham coun-a tax for county purpofcs, be, and the fame are hereby repealed. Provided* That tf<r/oeixnetmhpute^di to nothmg i n thi is acot. containedi mn alnl extendi or )be comntruedi to extendi to have opera-

*>*

tion in the county of Chatham, fo as to repeal or affel any law appointing the mayor,

aldermen of the city of Savannah, commiffioners of the court-houfe and jail in the faicl

county.

THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,

BENJAMIN TALIAFERRO, Prefident of the Senate.

Concurred February 21, 1796.

JARED IRWIN, Governor,

.

An a& to ejlablifh and make permanent the feat of the public buildings in the county of

' ...

Columbia.

?o. i.~OE IT ENACTED by the Senate and Houfe of Representatives of the ftate of

JLJ Georgia in general aJJ'embly met, and by the authority of the fame, That the

feat of the public buildings in the county of Columbia, as far as relates to the court-

houfe and jail therein, fhall be on that public lot of land, on the northweft margins

of the Big Kiokee Creek, which was conveyed by William Appling, to the commiffi

oners of the court-houfe and jail, it being the lot of land on which the aforefaid build

ings do now ftand.

obe 2. And be itfurther enacted, That the feat of the academy fhall be at fuch place

;ille. as the commiffioners of the Columbia academy or a majority of them mail deem pro

per : ' Provided^ fuch place be within one mile of the aforefaid lot of land.

THOMAS NAPIER, Speaker of the Houfe of Reprefentatives*

BENJAMIM TALIAFERRO, Prefident of the Senate.

} GEORGE MATHEWS, Governor.

I

November 29, 1794.

An att, to alter the prefent'boundary lines of the feveral counties therein mentioned.

- i.TQE IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of.

.

J[3 -Georgia in general affembly met, That all that part of Effingham county, fouth

of Ogechee River,,be, and the fame is hereby declared to be added to Bryan county.

COUNTIES, COURT-HOUSES AND JAILS.

173

2. And whereas certain doubts have arifen refpecling the boundary lines of theMTMS7dJ

county of M'lnto/h, and inafmuch as the fame are uncertain and indefinite: Be Ji finea

enacted, That the true conftruclion of the aft laying, off the county of M'lntofh,

as refpefts the boundaries of the fame, is and (hall, be in,manner following, viz.

from the north end of Blackbird Ifland to the .mouth of South Newport River;

from thence up Bull Town Swamp to the mouth of Big Mortar Swamp; thence

along .the_ fouthern margin of the main Bull Town Swamp, to the head or fource

thereof; from thence & northweft couyfe to the old boundary line; and thence along

.the fame'.to the Alatamaha River; down the laid main ftream to the fouth branch

thereof; thence down, that branch of the faid river, which empties itfelf at the north

end of Little St. Simon's Ifland, to its mouth; and from thence along the fea-coaft

to the north end of Blackbird Ifland. < '

'

THOMAS NAPIER, Speaker of the Houfe of Reprefenlatives.

BENJAMIN TALIAFERRO, Prefident of the Senate.

GEORGE MATHEWS, Governor.

;

December 16, 1794.

An ad for adding part of Greene county to Oglethorpe county, and for other purpofes,

E IT ENACTED by the Senate and Houfe of Reprcfentatives of th

Georgia in General Affembly met, That all that part of Greene county, ori- J^

tained in the following boundary, be added to Oglethorpe county--beginning at the

Cherokee Corner; thence along the line dividing Franklin from Greene to the Oco-

nee River; thence down the faid river to the mouth of Falling Creek; thence north

fixty degrees eaft, till it mall interfet the line running from the head of Ogechee to

the Cherokee Corner. And that the county furveyor of Oglethorpe be directed, Dividing ii

within two months, to run the faid line.

two^pnti

THOMAS NAPIER, Speaker of the Houfe of' Reprefentati-ves.

BENJAMIN TALIAFERRO, Prefident of the Senate.

GEORGE MATHEWS, Governor.

December 25, 1794.

An act to ejlablifh and make permanent the feat of the public buildings in the counties

1:

of Scriven and Bryan.

I E IT ENACTED ly the Senate and Houfe of Representatives of the ftate ofCommIs.,tonM8 > Georgia in General Affembly met, and by the authority of the fame, That thencijSita'QU8e feat of the public buildings in the county of Scriven, fo far as relates to the court- Scrivulhoufe and jail, fhall be in the centre of faid county, or fuch other place as may be adjudged moft convenient for the citizens thereof, by James H. Rutherford, Fran cis Jones, Martin Martin, Anthony Burnell, fen. and Stephen Pearce, or a majority of them.
2. And, be it further enatted, That the faid James H. Rutherford, Francis Jones, shall mcha5C Martin Martin, Anthony Burnell, fen. and Stephen Pearce, or a majority of them, 1"TM1 j*^TM fliall be, and they are hereby fully authorized to purchafe, or otherwife procure, a v""1>0!'e'

174

COUNTIES, COURT-HOUSES AND JAILS.

..,;./",',title in fee fimple for fuch lot of land as they, or a majority of them, mall judge ' " ! moft convenient for the feat of the aforefaid public buildings, containing not lefs than five, nor more than fifty acres, in truft, to and for the ufe of the faid county of Scriven, and to let the building of a eomt-houfe and jail thereon to the lowefi bidder, firft giving twenty days' public notice of fuch intentions.
>ne^eMhmre 3- Be it: further enabled, That the houfe of Benjamin Warren, fhall be considered thu mean time. as tiie court-houfe of the aforefaid county, until the aforefaid buildings fiiall be com
pleted, and no longer; and that all monies which {hall be nectffary to carry this ael into execution, fhall be provided for by the inferior court of the aforefaid county, by expofing to fale fueh part of die foregoing lot of land as they may think proper, or other-wife, purfuant to an acl in fuch cafes made and provided, inferior-court 4. And be it further enabled. That the iuitices of the inferior court in the county tsoeaetsotafbtlhisehptuuib>-of,, TB, rvan mn al,l, ,b' e, and, th, ey ar'e .hereb. y auJ th, ori.zed, and, empowered, to mak. e permaJhBerybaunilcdoinugnstyi.n n ent th/ e ieat or th'e public b/uildings i.n't.he_la.i,d county, at th- 1e croi,s, road.s, , ab, olut two miles from Ogechee bridge, or at any other place within half a mile of the faid crofs roads, any law to the contrary thereof in any wife notwithftanding. And that the juftices of the inferior courts for the faid county of Bryan, be, and they are hereby em powered to make purchafe for ground fufficient for that purpofe: Provided the fame fhall not exceed two acres, and that the fame be taken at a valuation of a majority
of the faid justices, DAVID MERIWETHER, Speaker of the Houfe of Reprefentatfvet* DAVID EMAN-UEL, President of the Senate,
Concurred February i, 1797. JARED IRWIN, Governor*

An act for fitting permanently the feat of the public buildings in the county of Monfc

J^onmble.

"HER.EAS in and by act of the legiflature of this ftate parted at AUgufta in the year of our Lord one thoufand fevefi hundred and ninety-three, entitled " Ars

act Commissioners"
to fix on a place

for laying out the feveral counties herein after named;"

it was enaeled,

that

Solo

mon for the perma-j
nent seat of

Wood,

John Watts,

Francis

Pughj

Bejamiri

Harrifon,

and

Jeffe

Embry,

be ap-i

|rUcbuild' pointed commiffioners for fixing on a proper place to ereft a court-houfe and jail iri

the county of Montgomery $ and until fuch buildings be creeled, the courts mould be

held at the houfe of William Neal; And whereas^ it now appears by the reprefenta-

tives of the faid county,, that the buildings are prepared fdr that purpofe at the planta

tion of Arthur Lott on the Ohoofiee., being the place affixed on by the aforefaid com-*

mifiioners.

r Loft's e it therefore enacted by the Senate and Houfe of Reprefentativ'es ofthejlate of Geor

gia in General Affembly met^ That the courts, elections, .and other county bufmefs^

be hereafter tranfafled at the plantatioii of the faid Arthur Lott.

DAVID MERIWETHER, Speaker of the Houfe of R-eprefentatives.-

DAVID EMANUEL, Prtfident of the Senate,

Concurred February 8, 1797.

JARED IRWIN, Governor*

COUNTIES, COURT-HOUSES AND JAILS.

175

An ail to ejlablifJi and make permanent the feat for public buildings in the county of
War fen.
i, "OE IT ENACTED ly\the Senate and Houfe of Reprefentatives of the fl-ate offK.mmmtsa , JJ Georgia.in General Affembly met, and by the authority of the fame, Tha the per- r4'slinwarret
inanent feat for the court-houfe and jail in the county of Warren fhall, and is hereby declared to be, on a lot or parcel ol'Jand, on the plantation whereon Starling Gard ner now refides, which was pointed out and agreed upon by the late commiffioners aupointed for that purpofe. Provided, That faid Starling Gardner fhall, within three months after the paffing of this act, well and truly execute and deliver a deed in fee fimple, for feven acres of land, to be conveyed to the faid commiffioners, herein af ter named and their fucceffors in office, to, and for the ufe of the faid county, to be laid out in lots, and appropriated as the faid commiffioners may direct, fo as to carry into full effect a contract heretofore made between the commiffioners of the faid coun
ty and the faid Starling Gardner. 2, 'And be it further enafled, That the juftices of the inferior court of the faid coun- inferior comt
ty and their fucceffors in office, are hereby declared to be commiffioners- of the court- misSou'^""1" houfe and jail of the county aforefaid, and they or a majority of them are hereby authorized and fully empowered to let the fame to the loweft bidder, after giving thirty days' notice in three or more public places in the faid county, on fuch plan as they may think proper, any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives, DAVID EMANUEL, Prefident of the Senate.
Concurred February 27th, 1797.
JARED IRWIN, Governor.

An all to repeal and amend an aS entitled " An all for laying out a new county from that part of Scriven that lies fouth of Ogechee River and part of Bryan county," jo fur as refpelSs the public buildings of Bullock county,for appointing commijjioncrs of the court-houfe and jail, andfixing on a permanent place for their efiablifhment.
i.T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate ofcwTM\smm JLJ Georgia in General Afjtmbly meti, and by the authority of thefame, That Drury i>eTMn"nt'fea(:
Jones, Andrew E. Wells, Stephen Denmark, Jofeph Rogers, and John Cook, be, ^i^B1"'-" and they are hereby appointed commiffioners, with full and ample powers to point out and fix upon the moft fuitable and convenient place in the county of Bullock, For erecting a court-houfe and jail thereon, and fuch place to be agreed on by them, or a majority of them, fhall and the fame is hereby declared to be the permanent feat of the court-houfe and jail for the faid county of Bullock.
2. And be itfurther enacted, That from and immediately after the expiration of the wmhmHutd, time appointed for holding the next term of the fuperior and inferior courts in and S.temporarir for the faid county of Bullock, the fame fhall be held at the plantation and houfe of William Fletcher, the fame being the prefent moft fuitable place, until a permanent place be fixed on, and a court-houfe and jail be erected in purfuance of this act, any thing contained in or done in virtue of the before recited act to the contrary notwith ftanding, which faid before recited aft is hereby repealed, fo far as relates to the ob jects of thixS act,
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives. ROBERT WALTON, Prefident of the Senate. AfFented to February 16,1799.
JAMES JACKSON, Governor.

176

COUNTIES, COURT-HOUSES AND JAILS.

An act for adding a part of Qghthorpe to Greene^ and a part of Greene to Oglethorpe.

E IT ENACTED by the Senate and Houfe 'of Reprefentatives of thejlate of ) Georgia in General Ajfembly mct^ and it is hereby enabled by the authority of tine dividing the fame , That a line mall be run, beginning where Oglethorpe county ftrikes the ties defined!"" river Ogecheej from thence along the line dividing Wilkes and Oglethorpe to Ar mour's ford on Little River; thence up the river to Sill's fork; from thence a direft line to the academy meeting-houfe; and from thence in a ftraight line to the mouth of Falling Creek, on the Oconee River. A|;,tfjhfTMth 2. And be it further enaffied, That all that part of Oglethorpe, fouth and fouthweft of the aforefaid line, be added to Greene ; and all that part of Greene lying north of : the aforefaid line, be added to Oglethorpe, and that the county furveyor of Oglethorpe be direfted to run the laid lines as foon as may be; And each of the aforefaid coun ties to pay an equal proportion of the expence.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives. ROBERT WALTON, Prejident of the Senate. Affented to February 16, 1799.
JAMES JACKSON, '.Governor.

An affi to amend an a& for adding part of Oglethorpe to~Greene and part of Greene to Oglethorpe.
i."O E IT ENACTED by the. Senate and Houfe of Reprefentatives of the Jlate of d"8 -1-3 Georgia in General AJfembly met, and by the authority of thefame^ That the line Bneat.'">rp<!de" dividing faid counties of Greene and Oglethorpe, mail begin at the mouth of Sill's
fork of Little River; from thence to Richard Parker's houfe; from thence up the main fource of Little River to Clay's bridge; from thence to Jofeph Moore's, fo as to leave Robert Ruflel and Alexander Cumming's in Oglethorpe; from thence a ftraight line to the mouth of Falling Creek, on the Oconee River.
2. And be it further enafted. That all the above recited aft which militates againfl this law is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives, DAVID EM AN U EL, President of the Senate. Aflented to, November 30, 1799. JAMES JACKSON, Governor.

An act for the better regulating the admeafuremt u ,<?/ ,.^i- ~... ;- '.' :?7^.% and for other purpojes. . ...
i, 2, 3, 4 and 5 SeRions of this aft regulating the admeafuremern of U;UiiK.T, re* pealed by a6l of 1799* toSnl^CT- ^' An& be it further enaUed by the'authority aforefaid^ That fo much ofanaclpafnS5?Mtd-of ^ec^ ^n t^16 year of our Lord one thoufand (even hundred and ninety-Six, fo far as ftity!'Inc9ln refpefts the appointing of commiflioners for fixing on a fpot for a court-hqufe and jail, in the county of Lincoln;, be, and the fame is hereby repealed ; a'pd that Ifaac Ave~
fy, John Winne,, Duncan J3ohannon3 John Mofs, and John Lockhart, hes and they

COUNTIES, COURT-HOUSES AND JAILS,
&re hereby nominated and appointed commiffioners for fixing on a fpot for the court* houfe and jail in the county of Lincoln ; and that a determination of the faid cornmiffioners, or a majority of them, mall be binding in all cafes refpeCting the fixing the court-houfe and jail for the faid county, any law to the contrary notwithftanding,
8. And-be it further enacted by the authority aforefaid, That fo much of an aft pail *. fed in the year of our Lord onethoufand feven hundred and ninety-fix, fo far as rci- > pels the appointing of commiffioners for fixing on a fpot for a court-houfe and j ail in. the county of Jackfon, be, and the fame is hereby repealed ; and that James Curtningham, Owen I. Bowen, Thomas Barren, Jofeph M'Cutching, Abfalom Raroey, Matthew Stone, and Micajah Binge, be, and they are hereby nominated and appoint ed commiffioners for fixing on a fpot, for the court-houfe and jail in the county oi Jackfon; and that a determination of the faid commiffioners, or a majority of them, mall be binding in all cafes refpecling the fixing the court-houfe and jail for the faid county ; any law to the contrary notwithstanding,
DAVID MERI WETHER, Speaker of the Houfe of Refrefentatives. DAVID EMANUEL, Prejident of the Senate, Afiented to February 2, 1798. JAMES JACKSON, Governor.

An del to ejiablifli a town in the county of Scriveh>

IT ENACTED by the Senate and -Ilmi/e of Refrefentatives of the flute'of

Georgia in General AJJ'emlly met, nridttlU hereby enacted by the authority of the

.fame, That all that tracl of land which was eifftveyed by Solomon Grofs, efq. to the j

inferior court of Scriveri county for publicpurpofes containing fifty acres on the wa-a

ters of Beaver Dam Creek, (it being the feat of the public buildings in the faid county) f

mall be, and the fame is hereby confirmed as the feat of public buildings of Scriven

tounty, and mail in future be known by the name of " The town of Jackfonborough."

DAVID MERI WETHER, Speaker of the Boufe of Re.prefent&tives.

ROBERT W ALTON, Prefidmt of the Senate*

Affented to February 16, 1799.

JAMES JAGKS'ONi Governor.



* * 9 o 6 <

lAn&ctfor vefting certain powers in commiffioners to purchafe lands, and Juperintend the building a court-houfe and jail in Bullock county.
^ JT ENACTED by the Senate and Houfe of Reprefentatives oftheflate of comm^ Georgia in General AJJembly met, and by the authority of thefame; That Jofeph |^j Rogers, Dairy Jones, Stephen Denmark, John Cook, and J:ohn Everett,'be, and^lf' they are hereby appointed commiffioners vefte'd with full power to contfacl for andU^ receive on the part of the county of Bullock not exceedirig,bne hundred acres of land, jjn'Serea.i for making permanent the feat of public buildings and to fuperintend the building a biuiding'feourt-houfe and jail thereon, and that they draw on the treafury for any monies that m ow is, or may be hereafter appropriated for building a court-houfe and jail in the

178

DAMS, RICE.

county aforefaid, and that in the interim the courts fhall continue to be held and oth er public bufinefs tranfafted at the houfe of William Fletcher j any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives, DAVID EMANUEL, Prefident of the Senate. Aflented to December 5, 1800. JAMES JACKSON, Governor.

DAMS, RJCE,
An aft to prevent damages arifmg from dams or banks, andfor preventing perfons fror& flopping the natural courje or courfes of water, to the injury of their neighbors.
Preamble. i. "T 7C 7HEREAS it hath become a practice for perfons to make dams or banks for V V the referving or flopping of water, and at unfeafonable times to let off the
water fo flopped or reierved, to the manifeft injury of their neighbors ; to prevent no perm dun therefore, fuch injuries for the future. Be it enabled, That from and after the paffing oiEIiHiE* ^ l^s a^' no Per^on or perfons whomfoever, mail be permitted or allowed to make ttartiamha- Or keep up any darns or banks to flop up the natural courfe of any water or waters, omsnt fo as to overflow the lands of any other perfon or perfons, without the confent of
fuch perfon or perfons being firft had and obtained ; nor mall any perfon or perfons whomfoever, flop or prevent any water or waters from running off any perfon or per fons' field, whereby fuch perfon or perfons may be prevented from planting in feafon, or receive any other injury whatfoever; nor To as to turn the natural courfe of any water or waters, from one channel or fwamp, to another, to the prejudice of any neighbor or neighbors, or any other perfon or perfons whomfoever. pefcft'o'uS- 2 - And be itfurther enabled, That in cafe any perfon or perfons mail make or hoMMsVd?-" keep up any fuch dams or banks, to the injury of any other perfon or perfons, by overtcrfcompiaiu- flowing their lands as aforefaid, upon complaint made thereof by the party injured, *dof' to any juftice of the peace for the diftri6l where the offence fhall be committed, fuch juftice fhall be, and he is hereby fully empowered, authorized and required, to fuminon five free holders of the faid diftrift, one of whom fhaU be named by the faid juftice, and two by each of the parties; and fuch free holders, being firft {'worn be fore fuch juftice to determine the matter juftly and impartially, mall forthwith pro ceed to view the faid banks and dams: and the damage complained of, arid immedi ately certify the matter as they mall find it, under their hands, to the faid juftice; and in cafe an award ihall be given in favor of the complainant, 'the faid juftice fhall im mediately make an order to cut open the bank or dam, in fuch manner as to prevent any further damage, the expence whereof, and all other expences attending the profecution, to be paid by the offender. ScSSby 3- And be itfurther enafted, That in cafe any damage {hall have been already fuf?ndfvSaby'thrc tame(^ by the complainant, either by fuch dams or banks being kept up, or by letting offending par- o ff anv referve(i waters, the faid free holders fhall, upon view thereof, afcertain and certify the fame, under their hands, to the faid juftice, which damages fo afcertained the offender fhall immediately pay and fatisfy, to the party grieved, and in cafe of neglecl or refufal fo to do in ten days, the faid damage, if it does not exceed the fum of eight pounds, fhall and may be recovered in the fame way as debt and damages

DAMS, RICE,

179

are directed to be recovered and levied by the aft, entitled " An aft. for the more eafy and fpeedy recovery of fmall debts and damages;" and in cafe the faid free hold
ers {hall be of opinion that fuch damages do exceed the fum of eight pounds, then fuch damages mall and may be recovered in any court of record in this province in the ufual manner: Provided always, That nothing in this aft (hall extend or be con-proviso,
ftrued to fubjeft any perfon or perfons who fhall have made or caufe to be made, or {hall make or caufe to be made, any banks or dams, to referve or flop water, to pay any damages which may be fuftained by breaking of the faid dams or banks, when occasioned by violent rains or floods, or when there may be an abfolute neceffity for cutting the faid dams or banks to prevent the breaking of the fame; arid ira

cafe any free holder mall negleft or refufe to obey the fummons of the juftice, or any other matter herein directed, fuch free holder mall (unlefs he can make a reafon*-
able excufe) forfeit a fum not exceeding five pounds, nor lefs than forty {hillings, to
be fued for and recovered by the aft, entitled " An aft for the more eafy and fpeedy recovery of {mail debts and damages," and to be applied, the one half to the inform er and the other half to his majefty, to be paid into the hands of the treafurer, for

fuch-ufe and purpofes as the General Afiembly {hall think proper. 4. And be it further enacted, That the free holders {hall each be allowed for their compemt-um
trouble and attendance herein, the fum of five millings for each days attendance on ts.e the fame, to be paid by the party or parties offending.

5. And be itfurther enaBed, That in cafe any perfon or perfons whomfoever {hall pei-somseJ be fued or impleaded for any matter or thing committed or done in purfuance of the tK^ma* direftions of this aft, it fhall and may be lawful for fuch perfon or perfons to plead SusUe? se"~ the general iffue, and give this aft and the {pecial matter in evidence; and in cafe the
plaintiff mall become non-fujt, fuffer a difcontinuance, or a verdjcr {hall pafs againf| furn, the defendant {hall be allowed double polls,

6. And be it further enaSed, That this aft {hall continue and be in force for the ContimiaUoi, term of three years, and .from thence to the next feffion of the General Affembly, and no longer,*

WILLIAM YOUNG, Speaker.

September 29, 1773.

JAMES HABERSHAM, Prefident,

JAMES WRIGHT,

* See aft of 1787,

An aft to regulate the opening of dams acrofs Rice grounds, and the making and keeping dams for the referyoirs of water,
* \/\7 H,E R ^ AS tne praftice of making and keeping up dams, acrofs Rice grounds V V for the purpofeof referving water thereon 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 remedy whereof, Be it enacted by the freemen of the fate of Georgia in General Affembly met, and by the authority of the fame, That every perfon who fhall keep water during the winter, upon grounds on which rice (hall be planted the enfuhig fpring, {hall on or before the fifth day of March next, and on the fifth day< of

i8o

DAMS, RICE.

^uiiSrMt- March m each year, open the dams which keep up the water, in a fufficient mannef-

<ifovqjiett. for letting oft" the fame; and if any perfon or perfons lhall neglefl. fo to do, on or

before the time aforefaid, he or fhe, fhall forfeit and pay the fuin of one hunched

pounds for every fuch negle6l, upon the complaint or information of any perfon or per

fons 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.

'*.justice ana
three free hold-

2. _

And be it further enailed by the authority aforefaid.

_

J ..

.

s

_

. S J .,...'. 7

That where any perfon _..'*_

Has

ncglcfted to open his or her dam or dams in a fufficient manner for letting the water

ttXwT ff tne grounds before defcribed, on or before the fifth day of March in every year,

in manner aforefaid, it (hall and may be lawful for any perfon who may be affeQed

thereby, at any time after the day aforefaid in every year, either by hinifelf or herfeif,

or his or her overfeer, agent, attorney or truftee, to apply to any magiftrate in the

diftricl fora warrant of lurvey, who fhall thereupon notify to the defendant the com

plaint made againft him, with the time and place of meeting, and fummons three free

holders, difmlerefted perfons of the neighborhood or diftricl where the canfe of

complaint fhall lie, one of whom fhall be then chofen by the defendant, and in cafe

of his refufal, then by the magittrate, 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 obftruQions com

plained of 5 and if on view thereof the faid free holders, or a majority of them fhall

be of opinion that fuch obftruclions 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 free holders or a majority of them, to caufe the fame to

be immediately opened or removed in any way or manner, they fhall think neccf-

fary for the purpofe of giving the moft effectual relief to the party complaining,

whereupon the defendant fhall be obliged to pay all expe;.> es attending fuch furvey -.

<5wu* Provided always. That nothing herein contained fhall extend or be conftrued to ex

tend 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 oM'n lands a fufficient

drain or drains (of which the faid free holders fhall be the judges) to carry off the

waters paGing through the fame, in as expeditious a manner as they could havepaf-

fed through the natural courfes or channels, in cafe no fuch banks had been creeled.

find'Vh!tnK-' 3- ^ n^ t> e it further tna&ed ly the authority aforefaid, That it mall and may be

*ffnSuJpiSfTME lawful for any perfon, at any time between the faid fifth day of March and the firft

wat, ^ay of November in every year, to apply in manner aforefaid for a warrant of fur-

vey, on any obftruflions which he or fhe 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 mail 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

perfofl 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 ei

ther of fuch cafes, the faid magiftrate and the free holders by him appointed, fhall

fcovfts. proceed in the fame manner as is directed in the foregoing claufe: Provided always,,

That if in either of the cafes laft mentioned the defendant fhall negleft or refufe to

attend at the furvey to choofe a free holder as aforefaid, then the three free holders

who mail have been fummoned by the magiftrate fhall proceed to determine the

bAMS, RICE.

matter in difpute, in the fame manner as if the defendant had been prefent and had

chofen a free holder; which faid free holders fhall in both cafes certify to the faid rna-

giftratc, under their hands, what fhall 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 free holders fhall be given.

4. And be it further enabled by the authority aforefaid, That if any perfon, either ^fTM^ 8^,

by himfelf or herfelf, or by his or her overfecr, agent, attorney or truftee, or fervants, ;Ldne'o0"c~

or (laves, or any other perfon or perfons acting for him or her, fliall prefume to ftop ^S'the'/fftn

up any dam or dams, or replace any obftructions in any manner whatfoever, which KTMu>f"hars or/ have been ord,ered* to b, e openedT or removed-tiby any fr reeihl ollders as afroreiraid1, ^5TM^ Iv, shall forfeit

or which has or have been opened or removed by himfelf or herfelf, or his or her Er^md^*

overfeer, agent, attorney or truftee, or by order of either of them, on the faid fifth wndertn^t!.*

day of March, until the firft day of July, every perfon fo offending fhall forfeit and <iams,lc.

pay the fum of two hundred pounds, to be recovered and difpofed of in manner

aforefaid. And if any perfon fhall prefume to obftrucl, 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 free holders as aforefaid, every perfon fo

offending mall forfeit and pay for every fuch offence the fum of two hundred and fif

ty pounds, to be recovered and difpofed of in any manner aforefaid.

5. And whereas the keeping refervoirs of water by infufficient dams, and the xvant J^f^1^,.

'of proper wafteways thereto, is frequently thexaufe of fuch dams breaking and over- {S'JyUf^,,

flowing the fields of other perfons to their great damage: Be it therefore enabled by yTMS

the authority aforefaid, That where any dam or dams have been made, or fliall here

after be made for the purpofe of forming refervoirs of water, without a fufficient.

wafteway, and which now are or fliall hereafter be found inadequate to fuftain the

weight of water againft the fame, the owner of fuch dam or dams fliall immediately,

or as-foon as may be, caufethe fame to be enlarged and ftrengthened where they arc

already made and are infufficient, and fuch as may hereafter be made to be erefled

in a fubftantial manner, with a fufficient wafteway. And if any perfon fliall neglect

to ftrengthen his or her dam or dams already creeled for the purpofe aforefaid where

neceffary, or fhall hereafter erecl any dam or dams for the purpofes aforefaid, and

which (in either cafe) in the opinion of three free holders, or a majority of them (to

be appointed and proceed in manner herein after mentioned, reflecting furveys of

dams acrofs rice grounds,) is or are not made and regulated in manner hereby pre-

fcribed, every perfon fo offending fliall, on complaint of any perfon or perfons liable

to be affefted thereby, and on convi6tion thereof in any court of record in the county

where fuch offence is committed, forfeit and pay the fum of one hundred pounds

for every fuch offence which may be fued for, and if recovered, be difpofed of in man

ner aforefaid.

Free holders al-

6. And be it further enabled by the authority aforefaid, That every perfon to be iBHHil'

fummoned as aforefaid,'fliall be a refident in the county where his attendance fliall be lcir "cmu'8'

required, and who upon being duly fummoned and attending any furvey as aforefaid,

mail 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 verdia of the

free holders fliall be given; and in cafe of the non-attendance of any perfon a refi-ishaii forfeit^ dent, and fummoned as aforefaid, (unlefs prevented by ficknefs or fome reafonable &

excufeto be made upon oath, to the fatisfaftion of fuch magiilrate) then and in fuch"

i8

DEBTORS, INSOLVENT.

cafe every fuch perfon fo negle&ing to attend when fumvnoned as aforefaid, fliali for feit and pay the fum of ten pounds per day for every fuch neglect or reiufal.
By order of the Houfe,
WILLIAM GIBBONS, Speaker, Augufta, February 10, 1787,

DEBTORS, INSOLVENT.

An al'lfor the relief of debtors who may be confined in jail, and art unable to fupport them/elves during fuch their confinement,

preamble. TT| 7HEREAS it often happens that debtors are confined in jail, and are through

y V inability to fupport themfelves during their confinement, reduced to great

diitrefs and want, and are alfo often confined, as well by the obftinacy of their cred-

itors, as by their incapacity to pay their debts.

insolvent debt- * Be it enaBed, That immediately after the paffing of this at, any prifoner or

tfa!n"fo*wcto" prifoners charged in execution or imprifoned for any fum or fums of money, and be-

be relieved. ^ una|,ie to fUpp O rt him, her or themfelves, mail and may petition the chief juftice,

or juftices of the general court of pleas of this province, fetting forth their inability to

maintain themfelves during their confinement, and upon fuch petition the faid chief

juftice or juftices may, and are hereby required by order or rule of the court, to

caufe the prifoner to be brought up, and the feveral creditors at whofe fuit he, me, or

they are charged or imprifoned, as aforefaid, to be fummoned to appear perfonally,

or by their attorney in court, at a day to be appointed for that purpofe, and upon the

day of fuch appearance, if any of the creditors fummoned refufe or neglet to appear,

upon affidavit of the due fervice of fuch rule or order, the court fhall in a fummary

way examine into the matter of fuch petition, and upon fuch examination the court

may, and are hereby required to adminifter, or tender to the prifoner an oath-to the

effect following, and in cafe the perfon taking fuch oath, fhall have any real or per-

fonal eftate, debts, credits, or effects, fuch perfon fhall deliver to the court, before

, the tender of fuch oath, an account thereof. " I, A, J3, do folemnly fwear, in the

prefence of Almighty God, that I am not poffeffed of any real or perfonal eftate, v

debts, credits, or effefts whatfoever, (my wearing apparel, bedding, for felfand fa

mily, and the working tools or implements of my trade and calling excepted) where

with to maintain or fupport myfelf during my imprifonment, (other than are contained

in the fchedule now delivered) and that I have notdire&lly or indirectly, fince my im

prifonment, or before, fold, leafed, afligned, or otherways difpofed of or made over,

in truft for myfelf or otherwife, any part of my lands, ettates, goods, flock, money,

debts, or other real or perfonal eftate, whereby to have or expect any benefit or pro-

Creditor may fit to myfelf, or my heirs. So help me God."--And in cafe the prifoner (hall in court

still detain the prisoner, by

take

the

faid oath,

and the

creditor

or

creditors

fo

fummoned and

being

in court as

ceeof aforefaidj fhall notwithstanding, infift upon his or her being detained in prifon, fuch

ing.. cre(jj tor or crec[jtors fhall agree by writing, under his, her or their hands, to pay and

allow a weekly fum not exceeding fcven millings per week, unto the faid prifoner, to

be paid weekly, fo long as he or fhe fhall continue in prifon, at his, her, or their fuit,

and on refulal of entering into fuch agreement, or on failure of payment of fuch

DEBTS, OUTSTANDING EVIDENCES OF.

183

weekly fum, the faid prifoner {hall forthwith and upon application to the court, be difcharged, by order of the court, and fuch order {hall be a fufficient warrant to the provoft marIhal, jailor, or keeper of fuch prifoner, to difcharge the. faid prifoner if detained for the caufes mentioned in his, or her petition, and no other ; and he is here by required to difcharge and fet him or her at liberty forthwith, the prifoner paying his or her fees, nor fhall the provoft marfhal or jailor be liable to any adion of efcape, or other fuit, or information upon that account: Provided, That this ad fhall ^^0l> not extend or be conftruedto extend, to entitle to fuch maintenance as aforefaid, or SSlf"""' to difcharge any debtor or debtors whofe trade or occupation may or can be carried pmmon, and can find fufficient employment within the limits of the jail in which he fhe or they may be confined, by means whereof a fufficient fubfiftence may or can be earn
ed by him her or them. 2. Provided al[o, and be it further enatfed, That if any fuch perfon who (hall take i-enom com*;
fuch oath as aforefaid, fhall, upon any endiament for perjury in any matter or particu- TMjlj| lar contained in the {aid oath, be convifted by his or her own confeflion, or by ver-g^^x, did of twelve men, as he or {lie may be by force of this aft, the perfon fo conviaed ^fsb1TMe.titof fhall ftand in the pillory for the fpace of two hours, and fhall never after have the
benefit of this aa. 3. And be.itfurther enabled, That this aa fhall be and continue in force for one continuation
year, and from thence to the end of the next feffion of the general affembly, and no
longer.*
ALEXANDER WYLLY, Speaker. JAMES HABERSHAM, PrefidenL
JAMES WRIGHT.
March 6, 1766.

* Doubts are entertained whether this at has any operative force fince the figning of the prefent conftitution.

DEBTS, OUTSTANDING EVIDENCES OF.
An aft/or calling In the. out/landing evidences of debts due from thisflate, and for iffuing new ones in lieu thereof, under proper checks and reflriBions.
* ~\ ^7HEREAS abufes may arife from a variety of certificates for debts due by . V V this ftate having been iffued without proper checks : Be it therefore cna&ed, f0!\fce^TM
That every perfon or perfons holding any certificate or certificates, iflued by either or I{^ any of the auditors or treafurers of this ftate, as well for furns of money due and' owing from the ftate, as for bounties of land iffued in favor of the late ftate troops, l mall, within two years from and after the paffing of this aa, return the faid certifi cate or certificates to the comptroller general, who {hall file the fame in his office of record, and ilfue to the holder thereof his certificate for the like amount in lieu there of: Provided, The faid certificate or certificates returned as aforefaid, fhall appear to the entire fatisfaQion of the faid comptroller general, to be a genuine certificate or certifi- 8muin<:' cates, iffued by one of the auditors or treafurers of the ftate agreeable to law, or a concurred refolution of the General Affembly. And provided alfo, That nothing in this aa {hall extend to authorize the faid comptroller general to receive any certificate or certificates under the fignature of Wade and O'Bryan, or to iffue his certificate in lieu of fuch certificate or certificates under the fignature of the faid Wade and O'Bryan.

184

DEBTS, OUTSTANDING EVIDENCES OF.

counterfeit ijedeftced.

2. And be itfurther enabled, That in cafe any certificate or certificates iffued by any of the auditors or treafurers as aforefaid, which (hall be prefented to the faid comptroller general, Dial! appear to him to be counterfeit, he fhall deface fuch certifi cate or certificates, by writing in large letters the word ." Counterfeit", on the face of the laid certificate or certificates, and retain and file the fame in his office, and fhall not iffue any certificate in lieu thereof.
DAVID MERIWETHER, Speaker of the Houfe of Rcfrefcntativcs. DAVID EMANUEL, President of the Senate,
Affented to February ad, 1798. JAMES JACKSON, Governor.

An al further explaining and defining the duties and powers of /.he comptroller* ., general.
"HERE AS great abufes have an fen 5 and the ftate hath fuftained many lories in the revenue for the want of a proper officer to compel perfons en trailed
with the collection and care of public monies, to account for the fame: Be it there fore enabled by the Senate and Houfe of Reprefentdtives of the ftate of Georgia, in Ge* nty ami pow-wera/ Affemoly meL That the comptroller general fhalk from and after the paffina; of1 terraoilfetrhgeecn'meranl.,- th, i.s acr.td,/ k, eep trai r andJ accurate accounts, iiihewing thi e ireverali appropr'iations orr mo ney, examine and check all governors, prefidents and fpeakers' warrants, and charge the amount thereof to the funds ori which they may be refpeftively drawn, previous to their being prefented to the treafurer for payment; examine and co'rreQ: all returns of taxable property, fettle with the feveraltax collectors and all other perfons indebted to the ftate, and in all cafes where payments may be made at the treafury, give re ceipts for the fame, founded on the treafurer's certificatesj which certificates mall fpecially fet forth the amount, on what account, and by whom paid) and be lodged as vouchers in the comptroller's office.
2> And be ii farther enacted by the authority dforefaid$ That all the powers heretofe veiled in the treafurer, to enforce the collection of public monies, mall be, and monies. jj-^ |~ame js hereby declared to be veiled in the comptroller general. g. And whereas there are fall outilanding many certificates, land-bounties, and other evidences of debt, which have been iffued in a vague and unguarded manner, and have not been renewed under proper checks, as required by an aft palled at Louifville, on the fecond day of February one thoufarid feven hundred and m'siety-eight^ " for calling in the outstanding evidences of debts due from this ftate, and for iffuing new ones in lieu thereof, under proper checks and reltrictions." AH certificates, Be it therefore enabled by the authority aforefaid,, That all certificates, land-bounties^ dcin"twoc"eara and other liquidated evidences of debt, fpecially designated in the laid recited aft,, ri'm-ifv0--^ wn ' cn ma '^ not ^ C renewed in manner and form therein prefcribed, within the term of M^ioHvc'v 1'' two >/ears 5 from and after the paffing of this aft, Ihall from thenceforth be deemed lavred. fraudulent and f srever barred.
DAVID MERIWETHER, Speaker of the Houfe of Refrc/enMiveS; DAVID EMANUELj Prefident of the Senate Affented to December 5, 1799. JAMES JAGKSON, Governor.

.DEER.

185

An att 'to prevent the pernicious practice of hunting deer in the night iiml by jire-light-.'_

ing of this any deer fo hunting by fire-light in the night time-j without his or their own enclbfures, any fuch perfon or perfons, being convicted upon the oath of one or more credible witneffes, before any juftice of the peace for ;the .county where, fuch offence thall be committed, fha!l for every fuch offence forfeit and pay not exceeding the furn of five pounds, one half thereof fhall be paid to the informer or informers, and the other one haifto th.e half into the clerk's office of the inferior court, and to be applied to the ufe of the <"a" "to't'i.c"
poor of the county where fuch offence fhall be committed. 2. -And be it further enatted, That the forfeitures incurred by this aft as aforefaid, ^anfo'f "!*
fhall be levied by diftrefs and fale of the offender's goods and chattels, lands and te- trcra-
nements, by warrant under the hand and feal of the juftice before whom the perfon or perfons fo incurring fhall be convifted, returning the. overplus, if any, to the owner or owners thereof, after dedutling the faid penalty or forfeiture and lawful charges; and in cafe the perfon or perfons fo offending and convifted fhall not have offenders goods and chattels, lands or tenements, fufficient to aniwer fuch forfeiture and charges, reivctXirsty-. it fhall and may be lawful for fuch juftice, to order fuch offender or offenders fo convifted, feverally to receive not exceeding thirty-nine lames well laid on his or their bare back.
3. And be it alfo ena&ed, That this fhall be deemed a public aft and given in ev dence.
JOSEPH HABERSHAM, Speaker of the Houfe of Representatives* NATHAN BROWNSON, PreHdent of the Senate, EDWARD TELFAIR, Governor, December JO, 1790.

4A as

DEPRECIATION, SCALE

An aft, to &fcertain the various periods vf depreciation for the government and figiitd. tion of all and every perfon or perfons whom the fame may concern.

W HEREAS it is expedient and heceffary in order to fettle and adjuft the vari-wwmbia, ous accounts fubfifting as well between the public and its debtors and credit

ors, as between man and man, and the inhabitants of this ftate, and others con

cerned in tranfaftions of bufinefs firice th'e preferit war ; that forhe ftandard of depre

ciation by comparifon between the money formerly circulating, and fpecie, mould be

firft afcertainedandeftablifhed by law, fo that one uniform courfe ofjuftice take place

throughout this ftate, And zvher'eas a fcale or table fixirig the depreciation of

different periods of paper currency by comparifon with fpecie, hath been framed and sicofdcp

laid before this houfe which appears to be founded on principles of juftice and equity, t"""eS!

Be it therefore enacted by the reprefeniatives of the freemen of the Jiate of Georgia z'n^^l

'General AJJembly met, and by the authority ofthefame^ That the fcale or table of depre-^H^

o

Hods therein

jrientluned.

iS6

DEPRECIATION, SCALE OF.

ciatipn framed as aforefaid (a copy whereof is hereunto annexed duly certified by the fpeaker of this houfe) be, and the fame is hereby declared to be, the ftandard of de preciation at the different periods therein mentioned of paper currency (by compan ion with fpecie) circulating in and throughout this {late ; and all judges, juftices, ju ries, auditors, and others are hereby enjoined and required to regard the {'aid deprecia tion table hereunto annexed, as the true ruleof government, in the fettlement of all ac counts and other tranfaQions, (pecuniary or otherwife) which fliall come before them, or any of them, and to conduft theriifelves refpeftively according to the true intent and meaning of the fame.

2, And be it further ena&ed, That this aft ihall.be confidered as a public act, and taken notice of as fuch in all courts whatfoever within this ftate, without being fpecial]y pleaded.

By order of the Houfe,

Savannahj February 17, 1783.

N, W. JONES, Sf taker,

DEPRECIATION.

A TABLE OF DEPRECIATION

For fettling contracts and debts made or due in Georgia currency, from tlie firft of January, one thoufand feveu hundred and feventy-feven, to the, fivft day of June, one thoufand feveu hundred and eighty. And in continental currency, from the firft day of January, one thoufand feven hundred and feventy-feven,' to the firit day of January, in the year of our Lord one thoufand feven hundred and fe-
yeuty-nine.

Thofe figures on the right hand, in each column, are tenths.

i 777- February April. J ;ine* Augult Sepieni. Novrm jiinunry. . March. May. J u " e

,

Jinuary.

i TOO

2i 4
28 3 100 7 29 23 4 101 I
101 5

i 6 101 (,

i 26 7 102 3

27 8 102 7

z9o

103
703

I
5

II 103 9

1 12 104 3

*3 104 7
14 105 i

l5 5

3 3 105 9

17 106 2

J8 106 6

*9 107 2.O 507 4

31 107 8

22 108 2

33 108 6

24 109
25 109 4

25 121 6 26 122 "2,7 122 /!
122 S
[arch.
123 i 2 123 5 3 "3 9 4 124 3
124 7 6 125 i
"5 5 8 125 9 9 126 3 10 126 7 H 127 i 12 "7 5 *3 127 9
14 128 3
'5 128 6 16 129 17 129 4 18 129 8 J 9 I 30 2.

J 9 ji.41

141 IT 141

22 141

24

142 t'i2

-5 142

142

143

2.8 '43 29 143

32 144

Way.

i 144
2 144

3 145 4 M5 5 145 6 '45 7 146 8 146

9 146 ro 147 n r47 12 147

8 i 4 7
3 6 9
2
5 8 1
4 8
3 6 9 2 5 8 i 4 7

r?
11 15 16 17 18 J9
20 21 22 23 24 25 26
20 3
I
2
3 4

[ 57
W ^57
'57 158 '58 158 !59 159 *S9
100
160 160 161 161 161
102
162 162
uly.
^3 > 63 163 164 164

3 6 9 2 5 8 i 4 7
3 7
4 7
4 7
3 7
4

5 6
S 9 10 ii
12
J3 14
11 17 18 r9
20 21 22 23 24 25 26 27 28 29
3

J 75 175 176
176 176 177
r 77 *77 178 178 178 179
*79 179 180 180 180 181 181 182 182 182 183 183 183 184

3 6
3 7
4 7 i 4 8 l 5 8 i 6 9 9 6
3 7
4 7 i

30(195
61lober. i 195 4
2 K/J 4
3 197 4 4 198 4
199 4 6 200 4
201 4
202 4
203 4 10 204 4 II 205 4 12 206 4 '3 207 4
14 208 4 15 209 4
16 210 4 i? 211 4 18 212 4 J 9 213 4 20 214 4 21 215 4 22 216 4 23 2x7 4

23 ,248 4 24 249 4 25 250 4 26 251 4 27 252 4 28 253 4
2y ''-54 4
3 255J-
15 ecem. i 256 4
2 257 4 3 258 4 4 259 4
260 4 6 261 4 7 262 4 8 263 4 9 264 4 10 265 4 ii 266 4 12 267 4 r 3 268 4
14 269 4 15 270 4
16 271 4

'5 315 i 16 3 1 ? i J 7 3'9 i 18 321 T9 323 20 3 '-5 21 S 2? 22 328 3
23 33 9 24 S32 9 25 334 9 26 33 6 9 2? 338 8 28 340 8 29 342 8 3 344 8 3 1 346 7
February
I 348 i
35 7 3 352 7 4 354 6 5 3.^ 6 6 358 (5
360 6

9 420 7 10 422 8 II. 424 9 12 427 T 3 429 i 14 43 ' 3 JT 433 3 16 435 3 17 437 4 18 439 5 1 9 441 6 20 443 7 21 445 8
447 8
23 449 9 24 452 25 454 I 26 456 2 27 4fi8 3 28 460 3 29 462 4 3 4<>4 5 3 1 466 6
April.
i 468 7

2
3 4 5 6 7 8
,1 n
12
J3 14 15 16
!?
18 '9
20 21 22 23 24
2J 26
27

53 1 S533 11
53 53 530
53" 53
53 53 53 53 53 53 53 53
529 529 529 529 529
529 529 529 529 529

2 '!
9 9 8 7 <5 5 5 4 3 2 J '
9 3 8 i 6 5 4 4 3 a

526 7 28 526 7 29 526 ft 3 526 6

...

My_

i 526 5

2 526 7

3 526 9

4 526 i

527 3

6 7

552277

75 '

8 527 9

9
10

528 528

i s

II 528 s

12 528 7

KS 528 $

r4 529 *

T 5 529 3

16 529 5

r 7 529 7 18 529 9 '9 53 *

26 109 8 20 130 6 '3 148 6 164 7 3 1 184 4 24 218 4 Z 7 272 4 = 2 362 5 2 470 8 28 529 i 20 53 3

27 110 2 21 !3i 14 148 3 a 8 no 6 22 131 4 r s 148 6

7 8

165 165

i 4

Septcm.

25 219 4 18 273 4 9 364 5 26 220 4 !9 274 4 10 3 66 5

3 472 9 29 529 4 474 9 3 529

21 53 5 22 53 7

29 in 23 i-ji 8 16 148 9 9 165 8

3 in 4 24 1322 17 149 2 10 1 66 i

3 1 in 7 25 ?32 6 18 349 5 ii 166 5

February

26 27

'33 J 33

4

X9
20

149 150

8 r

12
*3

166 167

8 2

i 184 8 27 221 4 20 275 4 ii 3^8 5 2 185 I 28 222 4 21 276 4 12 37 4 3 '85 5 29 223 4 22 277 4 T 3 372 4 4 185 8 3 224 4 23 278 4 M 374 4
186 2 3< 225 4 24 279 4 *5 376 4

S 477 3_1 528 6 2.3 53 9

6 479 i 7 481 2 8 483 3

24 S3 1 r

June. I 528 8

25 26

553311

53 -

9 485 4 2 528 7 2? 53 1 1

I 112 I 28 133 8 21 15 4 H 167 5 6 186 5

2
3 4
14 5 15 <5

112
112
"3 CJ 3 114

5
9
3 7 i

29 134 I 3 J 34 5 3 1 J 34 ,9
April.

22 23 24 25 26

J5 I5 [
151 151 151

7
3 6 9

ii T7 18 J9

167 1 68 168 168 169

9 2 6 9 3

7 8
9
10
ii

186 187 187 187 1 88

9 2 6 9 3

Novem.

25 26

280 281

4 16 4 T7

378 38

3 3

10 487 II 489

5 5

i 226 4 27 282 4 18 382 3 12 491 6

a 227 4 28 283 4 J 9 3 84 3 r 3 493 7

3 4

228 229

4 4

29
3

284 285

4 4

20 '21

3863 388.2

495 8 497 9

3 4

528 528 528

6 6 5

28
29
3

53 1 SS3332

9 3I :

6 528 4 3i S32 5

3 528 3 8 528 2

Auguft.

"4 5 i T 35 4 2? 152 2 20 169 6 12 188 6 230 4 3i 286 4 22 390 2 16 500 9 528 2 I S32 7

398 1 S
9
Jo
II
12
J3 14 5 ?6 17

"4 9 "5 3 "57
T'.6-l
116-5 116 9 117 2 "7 6 118 118 4

2
3 4
I
8 9
10
ii

! 35 136 T 3<> 136 136
137
557 137 138 138

7
3 6 9 2 5 8 i 4

28 '52 5 29 152 8 3 '53 J
31 ^53_4
J une. i '53 7 1 '54 3 i54 3 4 I54 ! 6

21 22 23 24 25 26 27 28 29 30

170
170 170 171 171 171 172
172 172 173

3 7
4 8 i 5 8 2

r3
14
r5 16 J7 18 X9 20
21
22

189 189 189
196 IQO 190 191 191 191
192

4 7
i 4 8 i 5 .8
2

6 23 1 7 232 8 233 9 234 to 235 u 236
12 237 3 238
14 239 15 240

4 4
4 4 4 4
4 4
4 4

177-8. January.
I 287 5 a 289 4 3 291 4 4 293 4
295 4 I 297 3
299 3

2 3 392 2

24 25

339964

2I

26

27 400 I

28 402 I

29

March.
i 404 I

!7
18 T9 20
21 22 22'34
S

502 504
506
508 510 512 514 516 518 52

i
2
3 4 5 6 6 -7 8

16 ii 12.
J3 *4 J5 16 r7
18 r9

528 528 52.7 527 527 527 527 527 S2? 527

I
9 9 8 7 6 5 5 4

2
3 4
6 7 8 9
10
II

53 1 533
5.33 533 533 553334
534 534 5.34

9 i
S S 7 ^I
S 5 7

17 18 118 g 12 138 7 !55 3 1 .173 5 23 192 5 16 241; 4 8 3 ot 3

19 119 2 J 3 "39

.40 21

119
t20

6

14 15

J 39 139

3 6

22 I2O''4 i<5 J 39 9

j J 55 3
7 1 55 5 8 155 8 9 156 i

Auguft.

25 1192 8 17 242 4 9 33 3 *93 2 18 243 4 10 35 3

I 173 9 26 193 6 *9 244 4 II 307 2

2 174 3 27 J 93 9 20 245 4 12 309 2

33 120 8 140 2 10 s 5 6 4 S4 121 2 18 149 5 II 156 7

3 4

174 174

6 9

28 29

J 94 194

3 6

21 22

246 247

4 4

J 3 311
14 3'3

2 i

2 406 I 27 522 9 20 527 3 12 534 <J

3 408 2 28 525 21 527 a r 3 535 I

4 410 3 29 527 i 22 527 i 14 535 i

6 7

412 414 416

4 5 6

21 529 2 ~^M5a3yI.~3

23 24 25

527 5269 526 8

T5
16 *7

535 535 535

5 7 9

8 418 6

26 526 7 18 536 i

DEPRECIATION.

Au^ull. October. Dccrmb.

3' zoj S36 3 547 ' 29 786

20
id 21 1178 32
23
I 34

!3 6 i5 6 53^ 537
537

5 7 9 i

26 27 28

547 554477
547

3 29 547

3 3 7 00 1 56|' 51 794_2 8 '779f, J^ I'juary .

25 537 5 3 o! 548 i j 1596. 6

8,23=5 26 537 7 3 1 548 3 2 1606 6

March.

May.

July. Scpieni. Novcin. January. March.

112347 4 (> 2580 4 ii 3256 4 15 40 1 o a 20 5379 2 24

2j22 5 8 4 7 2583 2 I 2 3274 4 4008 h 21 5404 6 25

3^269 6 8 2586 '-3 3292 6 4007 22 5430 2 2d

4JM8o 6 9 2588 8 14 3310 6 4005 6 23 5455 8 27 512291 8 to 2591 6 '5 3328 8 J 9 4004 24 548 1 2 28

6 2303
72314

2

ii
12

2594 2597

4 2

1 6 3347 17 33 65

20 40C2 4 25 55od 8 29 21 4001 26 5532 ? 3

r 3 2600 18 338 3 2 3999 4 2? 5557 8 3 1

8234 4 30(11524 6

8198 8 3 V I"5 3 5 4

83^3
8427 2

April.

8491 d i 11648 2

8555 8 2 1.1798 8

8620 3 i 1949 6 8684 4 4 I?.1OO 2

"7 537 9 2o 53 s ' 291 S3 8 3 3j 53 8 5 3 1 538 6
Septem.

Novem.
i 548 5 2 55-1- 5 3 556 6 4 560 7 5 564 8

;? 3 1616 8 9P33 6 2 !4 2602 8. T 9 3400 2 23 3997 8 28 SS^S 4

4 1627 . < 0p347 2 2605 6 20 3419 4 24 3996 2 29 5608 8

5 1637 (5 1647 7 i<>57

2 4

112358 122369 1 3(23 80

4 4 d

2608
2611 18 2614

4 21 3437 2 22 3455
23 3473

6 d 8

25 3994 26 3993 27 3991

8 31 5634 4

2 d

Deccm.

8 1607 4 1412391 d '9 2did 8 24 3491 8 28 3990 2 i 5660 2

9 1677 6 15*2402 8 20 2di9 6 25 35 10 29 3988 d 2 5695 d

I225I
February. 6 12401 8 I 8748 8 7 12552 4 2 8783 3 8 12703 2 3 8818 8 9 12854 4 8853 8 10 13004 6
8888 8 u J3'55 4

1 538 7 6 568 9 10 1687 8 '62413 8 21 2622 4 26 3528 2 3 3987 3 573 1 0 8923 8 12 i 33od -2.

cHaotH-r 2628 2 538 8 7 573 ii 1697 ' 7)2425 22 2625 2 27 354d 2

3 539 8 577 12 1708 18:2436 2 3

28 3564 4

4 5766 4 7 8958 8 '3 13456 8 5801 8 8 8993 8 14 13607 6

4 539 i 9 581 2 '3 1718 2 io|2447 2 24 2630 8 29 3582 4

5 539 6 539

3 5

10
i]

585 589

3 4

'4 1728 '5 1738

4 202458 6 212468

2 6

26 33 2^6 2d36

6 4

3 3600 3 1 3618

6 8

29 539 6 12 593 5 id 1748 6 22 2480 4 2? 2639 2

& 539 9 539

8 9

13
14

597 60 1

o 7

'7 18

1758 [769

8

23:2491
24; 2 503

6
6

28 2642 2644

8

A llgllll.
i "j^Ts

1 3985 d d 5837 2 9 4014 8 5872 6 10
3 4044 2 8 5908 ii 4 4073 4 9 5943 4 12 5 4102 8 10 5978 8 '3 6 4102 2 11 6014 2 H

9028 8 >5 '3758 4 9063 8 id 13909 9098 8 T 7 14058 8
9'33 8 1 8 14210 d 9168 8 X 9 14361 2 9203 8 20 14512

10 54-0 J T 5 605 8 1779 2 5' 1 2' 5, 1} 3 8 3 2647 d ii 540 3 1 6 009 9 2 1789 2 2612524 8 3 J 2650 4

12 54 4 i? 614 21 1799 4 ^PSSS T 3 54.0 6 1 8 di8 I 22 [Sop i 282547

June.

14 540 7 !9 622 2 ^3 1819 6 92558 2 "a6 53 4

2 3649 4 7 4161 4. 12 6049 d r 5 3 3662 2 8 4190 8 J 3 6085 id 4 3*75 9 4220 '4 6120 4 '7
3687 10 4249 4 '5 6155 8 18 d 3700 4 ii 4278 8 16 6090 2 ] 9

9238 8 14662 8 9 J73 s 22 14813 4 9308 8 23 14964 2 9343 8 24 1511 d 9378 8 25 15265 4

15 540 9 20 626 3 1829 8
s id 54i i 21 630 4. 1840
17 541 '2 22 634 4 3 1 8;;o 18 54i 4 *3 <>3 8 5 1860 2 *9 54i 5 24 642 6 28 1870 4 30 54i 7 25 646 7 2 9 1880 4
at 5+1 9 J.6 650 8 3 1890 6

O 2569 2 I 2580 4
April.
I 2591 4 2 2590 d
2589 8

I2667 4 7 3713 a 12 4308 17 622d d 20

6262 3 2681 4 8 3725 8 '3 4337 4 18

21

14 2695 4 9 3738 6 4366 6 *9 6297 4 22

I 2709 6 10 375' 4 '5 4396 20 6332 8 20 2723 6 ii 3764 2 16 '-1425 4 21 6368 2 24

7 2737 d 12 3776 8 ! 7 4454 f> 22 6403 d 25

8 2751 8 '3 3789 6 18 4484 2 3 6439 2d

9913 8 26 15416 4

9448 8 27 15567 2

9483 8 28 15717 8

9518 8 29 15868 d

9553 9588

8 8

32

16019

4

9623 8 l/Ta^

:: 22 542 27 654 9 31 1900 8 4 2589 9 2765 8 '4 3802 4 '9 45' 3 2 24 6474 4 27 9658 8 i 16170 2

3 3 542 2 28 659

,T 2588 2 2779 8 15 3815 20 4542 6 25 6509 8 28 9693 8 2 16172

34 542 3 19 663 i February 0 2587 4 2794 16 3827 8 2r 4572 26 6545 --, 29 9728 8 3 16174

25 542 5 3 667 2 l 1911

26 47

542 542

7 8

De cemb.

2389

543 543

i

i 67 1 3 2 f'75 4

2 !92 3
3 '935 4 [947 5 1959

2586 d 12 2808 1 7 3840 6 22 4601 2 -7 6580 8, 8 2585 8 '3 2822 18 38 53 2 2 3 4630 6 28 6616 '
9 2585 M- 2836 5 9 3866 24 4659 S 29 665! 4
0 2584 2 '5 2850 2 20 3878 8 25 4689 2 3 668d 8 i *583 4 id 2864 2 21 3891 6 3d -4718 d 31 6722

Viarch.
I 9765 2 9825 6 3 9886 4

4 16175 8 5 16177 8 6 16179 d 7 16181 6 8 16183 4

3 543 3 3 679 5 6 1971

Oflober.

4 683 6 687 7

7 1983 8 1995

2 2582 6 '7 2878 2 3904 2 27 4747 8

3 2581 4 2581

8

18 2892 '9 2906

4 39 J 7 4 3929

28 t777 8 2 9 4806

2 4.

178oT~
J* nuary.

4 9947 2 9 16185 4 10007 8 1 O 16187 i
I 10068 6 IT 16189 2

I 543 5 6 691 8 9 2007 5 2580 2 20 2920 4 3 3942 4 3 4835 8 i .6756 7 10129 4 12 16191 2

a 543 6 7 695 9 10 2019 d 2570 4 2! 2934 4 26 3955 2 I1. 4865 2 2:6820 ? 8 10190 2 X 3 16193

3 543 8 4 543 9

8 700 9 704

II 2031 i 12 2043

7 2578 8 2577

6 8

22 2948 2 3 2962

4 27 3968 d 28 3680

d

~!\ ovem.

3 !6885 9 10250 8 14 161 95 4|6949 ? " 10311 6 '5 16196 8

5 544 i 10 70S 2 '3 2055

6 544 3 ii 7" 3 M 2067

7 544 4 12 716 3 15 2099

8 544 6 1 3 720 4 id 2091

ao9

544 544

7 9

14 '5

724 728

5 6

i? 18

2103 2115

ii 545 i id 732 7 19 2127

9 2577 24 2976 6 29 399 2 2576 2 25 2930 6 3 4006 2
2575 4 26 3004 8 3' 4019 2574 6 27 3018 8 2573 8 28 3031 8 Scptem
24 2573 29 3047 l 4031 8 2572 2 3 36-i 2 4030 2

l 4895 4 5 ' 70I 3 R 10372 4 id 16198 3

2 4919 8 6 j777 3 4945 ' 7i7 J 42
ii 4 497 8 8:72cd 4 15 499*5 4 9:73706 id 6 5022 10 i7334" i? 547 4 J1 J73M^

10433 2 '7 16200 d
10492 d 18 16202 d 10752 6 '9 16204 4 10613 4 20 16206 4 10674 2 21 16208 4 10734 8 22 16210 2

12 545 2 '7 736 8 20 39 J 3 545 4 18 740 j 21 2151 J4 545 5 '9 745 22 3 35 545 7 20 749 i 23 2175

26 257 1 4 27 2570 6 28 2569 8 29 2569

J u'yi 37S 2
2 3-93 2

3 14028 6 4 |402 7

8 573 9 5098

I2|746 3 4 4 '37527

18
*9

10795 io85d

6 23 4 24

t62I2
16214

2

4025
6 4024

6

to 5 "4 IT 5149

1417591 ^ 1517656 2

20 21

10917 10977

2 8

25 26

16216
16217

8

16 545 i 21 753 2 2< 2187 J7 546 22 757 3 25 2199
*s18 546 2 23 761 4 2? 22 1 1 546 ; 24 765 t 27 2223

3 2588 2
12 May.
s 29 i 25dd 4

3 3111 4 4022 4 12 5175 id!7720 4 22 11038 d 27 16219 S 4 3129 6 4021 '3 5200 6 t7i7784 6 ^3 11099 4 28 id22i d
3147 6 4019 4 14 5226 18,7849 24 11102 2 16.223 6 << 3165 1C 4017 8 '5 5351 d 19 7913 2 11220 8 3 16225 4

ac 54*5 J 25 769 <! 28 2235 2

ai 546 - 26 777 7 2f

22
?'.

546 547

J 2 7 777 |28 781

8 9

2 2569 2 7 3183 8 ii 40 id i. td 5277 so 7977 4 26 11281 6 3-1 16227 4.

Fw ; 2572 1 3202 12 4014 8 i? 5302 o 21 8041 8

C

2574 2576

8i i (. JC

3220 3238

1; 4013
; R 4011

2 18 53a8
6 i J 9 5353

2 22 8:cd 6 23:8170 2

11342 4 11403 _J-^.'_ 11463, 8 1116229 4

DEPRECIATION.

THE TABLE OF DEPRECIATION

For felling contrads and debts due in continental currency, from the firlt day of^ January, one (houfand feven hundred and feventy-uine, to the firft day of January, one thoufand feveu
hundred and eighty.

1779.
uiuary.

11

T9^ 2 803 3

34

808 4 813 5

8,8 5

6 823 6

7 828 7 8 833 7 9 838 8

10 843 9

ji 849

12. 854-

3 3 8 59 I
14 864 2 15 869 3 16 874 3

; 'I 78

879 4 884 5

fe >ruary April.

23 1087 5 '5 1290 i

24 1093 5 ,6 1289 7

25 1099 5 I? 1289 3

26 1105 5 18 1288 9

2? tin 5 '9 1288 5

28 1117 6 20 1288 i

29

21 1287 7

22 1287 3 tJarch. t 1286 9

i 1123 7 2 1286 5

2 129 2 25 1286 I

3 4 5

!34 8 26 1285 7
140 3 ; 27 1285 3
'45 9 ! 28 1284 9

6 151 4 J29 1284 5

7 r 57 3 1284 I

8 161 5 9 1 1 68 i

MTja8y~.3~2

10 "73 6 i

June.
6 1361 7 1368 8 '375 9 1382 10 1389 ii !397 12 1404 '3 1411
14 1418
X 5 1425 i<5 1432 !? 1439 18 1446 '9 1453
20 1460
21 1467
22 1474
23 1401 24 1488

8 8 9 9 9
i i '
2 2 2 2 2
3 3

Juty'
3 1800 3> 1809
Augult
I 1818 a 1824 3 1831 4 1837 5 1843 6 1850
1856 8 1862 9 1869 lo '875 II 1882 12 1888 '3 1894
'4 1901
'5 T 97

Seplemb.

3 !20 2OOI 2

4 21 2OOO 5

22 '999 5 23 1998 9

4 24 1998 i

7 25 1997 4

i 20 1996 i

5
5 2

27 28 29

1995
1995 1994

!,
4 3

9 3 r 993 5

9 3

Odlober.

7 i 1992 8

i 2 2007 4

4 3 2022 1 8 4 2036 7 2 5 2051 4 5 6 2066 I

Novcin.
1 1 2 5'7 A 8 17 257' 5 '3 2600 5 4 2612 i 15 2625 8 16 2638 5 '7 2651 3 18 2664 i '9 2676 8 .0 2689 6 21 2702 3 22 27'5 i 23 2727 9
2740 6
25 2753 4 26 2766 i 27 2778 9 28 2791 7 2 9 2804 4

780. Ft. bruarv-

J amiary. 23J4759 ^ i"33781 i 24 [477.5 <,

2 3410 4 1 21; [4794 4

3 4

3442 3474

5 6

2614811 27 482 )

<y 4

fC 3506 8 28 4846 (,

6 3538 9 29 4864 /

3571 8 3603 2

March

9 3635 3 10 3667 4

1(4882 5 2:4012 8

1 1 3699 6 3'443 2

12 373 1 7 '3 3763 8 '4 3795 9 15 3828 i
3860 2

4|4973 6 5 53 9 6 5034 3
7 50^4 7 8 5095 4

3890 3 95.25 6

3924 5 io l 5 i55 8

April.
t; 16879 16 ['5954 >7 J7Q29 ill 7'5 '9 7180 20 7256 21 733 22 7400 2" 7482 2s 7557 25 7632 26 17708 2? 7783 28 7858 29 7934 3 8009
May.
I 8085

2 5 4 3 6
4 7 i 5 8 2 6 y 3 7
i

s 3 9 8895 ii 1179 2 2 1284 6 2J J 495 3 16 '9'3 9 7 2080 7 3 2817 2 3956 6 11,5186 2 2 8086

20 21 22
23

894 6 12 1184 7

%>9 94 909

7 7 8

*3
14 15

1190 1195
1201

3 8
4

T 1286 26 1502 4 17 1920 3 8 2095 4 4 1287 4 27 1509 4 18 1926 6 9 2110
1288 8 28 1516 4 1 9 : 933 10 2124 7 6 1290 5 29 T 523 5 20 '939 4 ii 2139 4

D ecein.

20 3988 7 12:5216 6 21 4022 9 'S'S^ 3

I 2830 7 22 453 J 4 537" 3

2 2847 8 23 4085 i J 5 536 7

3 8087 4 8087 5
8088 5 6 8089 4

24 914 9 16 1206 9 7 1291 6 3 '53 5 21 1945 8 12 2154 3 2865 5 24 4117 2 "5 '5337 8090 3

25
.Hy- 26 i 27

920 9^5
93

I 78 4 J9

1212
ms 1223

5
6

8 9
10

"93 1294 1295

4 8

22 1952 i 1 3 2168 7 4 2883 2 25 4149 4 ^'SS6? 4 8 8091 7

23 '9J8 5 '4 2183 3 '537 6 24 1964 9 15 2198

5 2900 6 2918

2
6

26 4181 27 4213

5 6

185397 19 5428

8 2

9 8092 10 8093

7 6

28 935 2 20 1229 4 ii 1297 2 z 1542 ! 25 1971 2 16 2212 7 7 293'' 3 2S ^<45 8 20 5458 6 1 1 8094 6

29 940 2 21 '234 7 12 1298 6 1551 8 26 1977 6 1 7 2227 3 8 2954 29 4277 9 2! '5488 2 12 8095 6

3 945 3 22 1240 2 '3 1300 4 1564 8 27 1984 18 2244 9 2971 7 3 4310 =25519 3 '3 8096 5

3 1 950 4 23 1245 8 H 1301 4 5 '573 8 28 1990 3 '9 2256 6 10 2989 4 3 1 4342 2 2 3'5549 7 '4 8097 5

February.

24 25

1251 1256

3 6

T5
16

1302 1304

8 2

6

1582 '59 1

9 9

29
3

1 996 2003

i

20 2271 21 2286

3

ii
12

3007 3024

i 8

Fr iru;iry.

24*5580 i '5 8098 4 25 k6io 4 16 8099 4

1 2
3 4

955 961
967 973

5 26 5 27 5 28 5 29

1262 1268
"73 1279

4 a
5 i

r7 18 T9
20

'35 J 37 1308 1309

6
4 8

8
9
10
II

1OOI
1610
1619 i 1628 i

3 T 2009 5 Se atemb. I 2015 6

22 23 24 25

2300 23'5 2329 2344

6 3 9 6

S 3 342 M- 3060 X 5 377 16 395

5
2
9 i

1 4374 4 2615640 8 '7 8100 3

2 439 1 3 4409

9 4

275671 285701

2 5

198'

8 01 8102

3 a

4 4426 9 2 9573' 9 2o 8103 2

5 979 5 3 1284 6 21 1311 2 12 1637 2 2 2015 I 26 2359 3 r 7 3"3 3 5 4444 4 3 57^2 3 21 8104 2

6 985 5 3_i 1290 2 22 1312 6 J 3 1646 3 3 2014 3 27 2373 9 18 3 [ 3i 6 4461 9 3 1 5792 7 3 ' 05 i -.

7 99 1 5 8 997 5

April.

2 3 J 3'4 14 "555 3 4 2013 5 28 2388 9 '9 3148 7 7 4479 4 24 'S'S 4 15 1664 4 2012 8 29 2403 2 20 3166 A. 8 4496 9

April.

23 8106 i 24 8107

9 Jo 11
12
!3 34 15 16 i? it '9
20
22

*"?3
1609
id 9 1021 1027 I0 33 I0 39 '45 1051 I0 57 1063 1066 I075
1081

5
5
5 5 5 5 5 5 5 5 5 5 5
5

I 2 3 4
6
8 9
10
ii
12
J3 H

I2 95
"95 1294 1294 1294 ' 293 I2 93 1292 1292 1292 1291 1291 1290 1290

7
3 9 5 i 7 3 9 5 i 7 3 9 5

25 1316 26 1318 27 1319 28 1321 29 1322 3 W3 31 '325
June.
i 1326 2 '333 3 1340 4 J 347 5 1354

8 2 6
4 8
2
7 7 7 7 8

16 '7 18 '9
20 21 22 23 24 25 26 27 28 29

'673 1682 1691 1700 1709 1713 1727 1736
'745 '755 1764 T 773 1782 1791

5 5 8 i 7 i 8 9
4
i J 2 2

6
I
9 to ii
12
'3 '4 15 16 '7 18 '9

2012
201 1
2010
2009
2008
2008 2007 2006 2005 2005 2004
2003
2002
2002

2 5
7
2
4 4 6 8 i 8
2
2

3 2417 9
_~3 NL 2432 6
ovem.

I 2447 7 2 2459 9 3 2472 7 4 2485 4
2498 2
6 2511
2523 7
O 2536 5

9
10

2549
2562

2

21 3184
22 3201 2 3 3219 24 325? 25 3254 26 3272 27 329 28 3308
29! 3325 3343
$ 33 61

i
8 5 2 7 6 3
7 4

9 45'4 10 453 1 j i 4549 12 4566 '3 4.584 14 4601 15 4619 I6 | 4636 17 4054 18 4671 '9 4689
20 4706
21 4724 22 474*

4 9 4 9 4 9 4 9
4 9 4 5
4 7

j 5824 i 2:58994
3 : 59748 4 6050 i 5,6'255 6 67,00 o 7 6,76 2 8^35' 6 9 6427 10 6502 3
"J 6 577 7 1 2^6653 i 13 67284 .468038

8108 36' 8108 '-7 S 109 28 3no 29 S,il 3,'Jii2 3'!<'"3
June.
118114

9 9 8 8 7 7
7

Certified this iyth day of February, 1783. By N. W. JONES, Speaker.

190

-'

DIGEST.

An act to carry into effecl the eighthfeBion of the third article ofthe conflitution.

secretary of i. "O E IT ENACTED by the Senate and Houfe of Reprefcniaiives of the.[late, of

cstoamtemwisisthiontweros JLfTJ^>L G-. eorgi.a i.n G_ eneral,-A'/.f.e,, mb,.ly met* and, b, yJth. e Jauth. oi ri.t-y' of the fa_ mJe. Th'. at f,,o>r

to digest and
fstrin"feTawseofx" t

.

c*

, .-<'

e more general promulgation

ri i
of the laws

r n

i

of this ftatc, the lecreUry

of

ftate, with

the state. t.wo coramiffioners who flial! be appointed by the legislature for that purpofe, fhall ex-

Ami repmt tilc amine into, digeft and arrange the f'everal laws thereof, now in force, and report the

|oveernor!'e fame to his excellency the governor, who fhall approve or difapprove of the fame.

if approved of 2. And be it further enatted, That if his excellency the governor fhall approve' of

or, one thou- fuch digeft ofthe laws of the ftate as may be reported to him, in purfuance of this aft,

tKccretV that then the fecretary of ftate, fhall, under the clireftion ofthe executive thereof,

tioneonhe irec" cau 'e to be printed in a quarto bound volume, or volumes, one thoufand copies of fuch

executive, digeft of the laws of this ftate, as may be reported by the aforefaid comrmifioners and

fecretary of ftate in terms of this at.

undred 3. And be it further ena&ed. That eight hundred copies of the aforefaid volumes

" the digeft ofthe laws of this ftate fo reported and approved of as aforefaid, fhall snteofbthtii ^e diftributed by the executive among the refpeclive counties of this ftate, agreea-

bly to the rule laid down by the conftitution for apportioning the reprefentatives

among the feveral counties. And the proportion which fhall be fo affigned to the

refpeclive county, fliall be tranfmitted by the executive to the juftices of the inferior

court of fuch county, by whom the fame fhall be diftributed, in fuch manner as the

faid juftices may deem moft proper for the general information ofthe citizens.

Two hundred remaining

4. And be itfurther enabled. That the remaining two hundred volumes ofthe afore-

copies sduisbij>eocsti- faid digeft of the laws of this ftate, fo reported and approved of as aforefaid, fhall be

state" tle referved by the executive for the future difpofition of this ftate.

i^ws passed 5. And be it Jwthtr enabled* That the laws of this ftate which fhall in future be

bne"'rinte'd!& paffcd, fhall at the end of each fucceeding feffion, be printed and diftributed in

dthisctsriabmuteendiainn- manner and,rform airorrel-aiid.

^r

DAVID MERI WETHER, Speaker of the Houfe of Reprefcntdtivcs.

DAVID EMANUEL, Prejident of the Senate.

Affented to December 6, 1799.

JAMES JACKSON, Governor.

In Senate Wednefday December 4, 1799.
ESOLVED by the Senate and Houfe of Reprefentatives ofthejlate of Georgia in . General Affembly met, That it is the fenfe of the legiflature, that an appropria tion of two thoufand dollars inferted in the aft entitled " An aft for appropriating money for the year eighteen hundred," in favor of Robert and George Watkins, was folely intended as an advance made to them to carry, on a work which they have reprefented to be a collection of the laws now in force in the ftate of Georgia, and by no means, nor in any fhape, contemplated to eftablifh the fame as a digeft or conftitutional arrangement of fuch laws; nor .to give any legiflative fanflion to the fame, as a code to be received in the courts of law or equity of this ftate, referving; the revifion, expulfion or fanftioning the fame or any law thereof, to a future feffion of the legiflature.
DAVID MERIWETHER, Speaker. DAVID EMANUEL, Prejident. Approved December 6, 1799. JAMES JACKSON, Governor._

DIGEST,

191

In Senate, November 10, 1800*

Y OUR committee appointed to prepare and report the form of a bill for the purpofe of carrying into effeft the eighth feclion of the third article of the conftkution, Report, That there is an al now in force to that effecl, which appears to your committee amply fufficient if carried into effecl:, therefore recommend that it be refolved, that on Friday next the two branches of the legiflature will convene in the reprefentative chamber, for the purpofe of electing two commiffioners to arrange and digeft the laws of this ftate, purfuant to the faid aft, and that an appropriation be made
for that purpofe. DAVID MERIWETHER, Speaker of the'Houfe of Reprefentatives. DAVID EMANUEL, President of the Senate,
In the Houfe of Reprefentatives November 24, 1800.--Read and Concurred. Atteft, HINES HOLT, Clerk. Atteft, WILLIAM ROBERTSON, Secretary,
Executive Department November 27, 1800. Prefented and approved, eodem die.
JAMES JACKSON, Governor.

, In the Houfe of Reprejentatives December i, 1800.
RESOLVED, That the commiffioners appointed to digeft the laws of this ftate, by joint ballot of both branches, do convene at the ftate houfe in Louifville, on the eighth day of December inftant and proceed to the duties affignedthem ; And be it further refolded, That the faid commiflioners,' previous to entering into the faid du ties, {hall take and fubfcribethe following oath or affirmation, to wit, " I, A, B, do folemnly fwear, that I will to the beft of my power and ability, and agreeably to the conftkution, revife, digeft and arrange, under proper heads the body of the civil and criminal laws of this ftate, and that I will in no wife or manner whatfoever, infert in the faid digeft, a certain ufurped aft, entitled ," An aft for appropriating a part of the unlocated territory of this: ftate for the payment of the late ftate troops," and for other purpofes therein mentioned, declaring the rights of this ftate, to the unappropriated territory thereof, for the protection and fupport of the frontiers of this ftate and for other purpofes. So help me God."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives, DAVID EMANUEL, Prefident of the Senate. Extract from the journals. \ Atteft, HINES HOLT, Clerk. WILLIAM ROBERTSON, Secretary. Executive department, December 2, 1800, prefented and approved, eodem die, JAMES JACKSON, Governor. -

In Senate,, December 2, 1800. ON MOTION.
ESOLVED, Thathis excellency the governor, be requefted to draw on the con I tingent fund, from time to timein favor ofWilliam H, Crawford, George Watkins,

DIVORCES,

and the fecretary of ftate, who are appointed to arrange and digeft the laws of this

ftate. for fuch futns as may be neceffary to enable them to comply with the truft repo-

fed in-them': Provided, the fura fo drawn fliall not exceed the amount of two thoufand

dollars.

.

Extracl from the journal.

WILLIAM ROBERTSON, cierk.

In the Houfe of Reprefentatives Concurred.

GEORGE R, CLAYTON, for HINES HOLT, Secretary.

State-Houfe, Louifville3 December 9, x8oo>

WE do certify, that the within refolution Was concurred in, and agreed to by both

branches of the General Affembly ; but by fome neglect, appears not to have reached

the executive department before the rifing of the legislature, for the approval of the

governor, but which as a joint committee of both branches, we do now certify and

now prefent.

DAVID EMANUEL,

SOLOMON WOOD,

JOHN LAWSON,

B. WHITAKER,.

Approved, of.

,

.

JAMES JACKSON, Governor,

ExtraB of dn act for appropriating money for the year 1802.
, fum of five thoufand dollars fubjeft to the order of the governor fof JL printing two thoufand copies of " Marbury and Cravvford's Digeft of the Laws of Georgia," which has been compiled and approved agreeably to the diretion of the act of thg fixth of December one thoufand feven hundred and ninety-nine*"
Georgia, Secretary's office, February 22, 1802.
I do hereby certify that the above contains a true extraft from an at entitled ''' An at for appropriating money for the year eighteen hundred and two," palled the fifth day of December eighteen hundred and one.
HORATIO MARBURY, Secretary.

DIVORCES*

An aB to divorce or foparate Andrew Maybank and Mar) his ivifo} and for protecting each of them in their reffe&ive ejlates;

rtile con.
tradt between

E IT ENACTED by the Senate and Houfe ofReprefentatives ofthe.ftate of Gears

iSfk"n*iMk'ry ^^ Slctf in General AJfemb'ly met, and by the authority of the, fame, That from and

Iris wife dissol ved.

immediately

after the

palling of this aft, the matrimonial

connexion,

or civil

of marriage, made between the aforefaid Ahdrew.Maybank, and Mary his wife, late

Mary Sandiford, mail be completely annulled, fet afide, and diffolved, as fully and

of effeclilally, as if no fuch contraft had ever heretofore been made, and entered into 15'e-

tween them except that the legitimacy of their children born during their faid late

DIVORCES,

.

i 9S

aexioil or cohabitation with each other or within nine months thereafter, (hall' not be

doubted or affected by fuch diffolution of the marriage civil contraQ, or niyftical un

ion, of the {'aid Andrew Maybank, and Mary Maybank ; buttheTaid children mall, And <^^f

and they are hereby declared to be capable of inheriting in common with others of^l'^f^

equal degree of confanguinity, the eftates of either of their refpetlive parents, orv>"nts,&c.

other kindre,d in cafe of inteftacy.

2. And lie it further enabled, That all the property real and perfonal,- not by him property c<,

or her fold or difpofed of, which the faid Andrew Maybank, received with, or ac- vYS! totip

quired by or in' virtue of his marriage, or union with the faid Mary; Ihail from hence

forth be confidered as reftored to her the faid Mary ; and the faid property is here

by declared to be completely, fully, and abfolutely,, to all legal intents, vetted in, and

confirmed unto her, and to her heirs, executors, adminiftrators and affigns, forever.

3. And be it further enaSed, That the faid Mary Maybank, is hereby declared to *$*'

be -3, feme-fole, and fhe fball hot be allowed in future, on any pretence whatfoever, *=-

to charge faid Andrew Maybank, his heirs executors, or adminiftrators, or his or

their eftates with any debts of dues of her contracting, or with any a6tions, of, or for

damages for, or by reafon of any tort, trefpafs^ or damage whatfoever, which may

hereafter be committed, or done by her the laid Mary ; and fhe fhall not be entitled Aminteti^

to doxyer, thirds or other portion whatever, of or in the eft ate of the faid Andrew May- iWste*'

bank, or to any eftate, right, title, interefr, or claim therein, either in Jaw or equity, drew"

but fhall be confidered, and held as being barred, and as having forfeited the fame.

4. And, be it alfo enabled. That the faid Andrew Maybank, and Mary May- The ,a!dA^.

bank, lhall in future be held, and confidered, as diftinQ: and feparate perfons, alto- J^SreS'ti'

gether unconnefted, by any myftical union, or civil contract whatfoever, at any timeicuwa'"

heretofore made or entered into between them.

508S>

WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.

BENJAMIN TALIAFER^O, Prejident of the

. GEORGE MATHEWS, Governor,

December 16, 1793,

n att to divorce or, fep.arate Ichabod Biiikeley, and Margaret his wife, and for prattl ing each of them in their refptBive ejlates,

E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate ofu

Georgia in General AJfenbly met, and by the authority of the fame, That fromjc

and immediately after the pafling of this aft, the matrimonial connexion or civil con- ret

traft of marriage made between the aforefaid Ichabod Bulkeley, and Margaret his dis*

wife, late Margaret Hall Jones, fhall be cpmpletely annulled, fet afide and diffolved,

as fully and efteclually as if no fuch contraQ: had ever heretofore been made and en

tered into between them.



2.. And be^it further cnatted, That all property real and perfonal, not by him or Pra

her fold or difpofed of, which the faid Ichabod Bulkeley received with or acquired by sc^fi

or in virtue of his union or marriage with the faid Margaret, fhall from henceforth be hel*

confidered as reftored to her the faid Margaret, and the faid property is hereby de

clared to be completely, fully, and abfolutely, to all legal intents vefted in, and con.

firmed unto her, and to her.heirs, executors, adminiu'rators and affisms forever,

Bb

/

DIVORCES,

I>clarecl to be a teme-sole.

3. And be it further enabled, That the faict Margaret Bulkeley is hereby declared

to be a feme-fole, and. flie mall not be allowed in future.on any pretence whatfoever

to charge the laid Ichabod Bulkeley, his heirs, executors or admirijftrators, or .his, or

their eftates, with any debts or dues of her contracting, or with any aQions of or for

damages, for or by reafon of any tort, trefpafs, or damage whatsoever, which may

And deprived hereafter be committed or done by her the laid Margaret, and me mall not be:enti-

of the right of dowerin theeslate of the said

tled

to

dower,

thirds

or

other

portion

whatever, of or in

the eftate of the

faid

Ichabod

Ichabod. Bulkeley, or to any eftate, right, title, intereft or claim therein, either in law or equi

ty, but {hall be confidered and held as being barred and as having forfeited the fame.

The said Iclia- 4. And be it further enaffied, That the faid Ichabod Bulkeley, and Margaret Hall

bod and Mar garet declared

Bulkely, mail in future be held as diftincl and feparate perfons, altogether

unconnected

to be distinct persons.

by any myftical union or civil contraQ whatfoever, at any time hereafter made or en

tered into between them.

THOMAS STEVENS, Speaker of the Houje of Reprefentatives.

BENJAMIN TALIAFERRO, Prefident of the Senate.

JARED IRWIN, Governor.

February 8, 1796.

An act to divorce or feparate. Walter Biilingflea and Jane his wife, formerly Jane Watfon; andfor protecting each of them in their refpective ejlates.

Marriage con-

E IT ENACTED by the Senate and Houfe. of Reprcfcntatives of thef).ate of

tTadt, between Walter Bil-

Georgia^ in General AJJtmbly met, That from the paffing of this aft, the mat

lingsleaand Jane hi< wife,

rimonial connexion

and

civil

contract of matrimony,

made between

the aforefaid

(Unsolved

Walter Billingflea and jane his wife, mail be completely annulled, and fet afide, and

diffolved as fully and effectually as if HO fuch contract had been made and entered in

to between them.

Property con firmed to the

2. Be it further enaSted^ That the real and perfonal property which has not by him?

Said Jane. the faid Walter Billingflea and Jane Watfon been fold or difpofed of, which the faid

Walter Billingflea received with or required by or in virtue of his union with the faid

jane Watfon, mail from henceforth be eonfidered as returned to her the faid Jane,

and the faid property is hereby declared to be completely and abfolutely to all legal

intents, vefted in and confirmed to her the faid Jane Watfon and her heirs, executors,

adminiftrators and affigns forever.

Said Jane de 3. B-e- itfurther enabled. That the faid Jane Watfon is hereby declared to be a feme-

clared to be a -ftme-sole.

fole, and me

mall not be allowed in

future

on

any

pretence whatever,

to

charge

the

faid Walter Billingflea, his heirs, executors, adminiftrators, or his or their eftate with

any debts or dues of her contracting, or with any actions of or for damages, for or by

reafon of any tort, trefpafs, or damages whatever, which mail hereafter be committed

And deprived of the right of

or done by the faid

Jane Watfon;

and flie lhall not be entitled

to dower, of or in

the

(lower. eftate of the faid Walter Billingflea, but fhall be confidered and held as being barred,

and as having forfeited the fame.
ISaid Walter & 4. Be itfurther enatted, That the faid Walter Billingflea, and Jane Watfon, matt
Jane to bedii-

in law.

. .-.-. ^v " ... ' DIVORCES. .." ' , '-.; . . ' .' ' ' 195

in future be held as diftincT: and feparate perfons, altogether unconnefletl by any inyffi- ;

cal union or civil contraft. whatever.

DAVID MERIWETHER, Speaker of ihe Houfe of Reprcfentativis.

DAVID EMANUEL, Prejloimt of the Senate.

.'

:

JARED TRWIN, Governor.

.

,

February 10, 1797.

Ait -aft:to divorce Benjamin Butler, and Elizabeth his wife.

i. t>E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate 0

J3 Georgia in General Affembly met, and by the authority of the fame, That from ^.faW

and immediately after the paffing of this act, the matrimonial connexion or civilcon- ^f"hhts

traft of marriage made between the faid Benjamin Butler and Elizabeth his wife, for

merly Elizabeth Anfley, mall be completely annulled, fet afide and diffolved, as fuU

ly and effectually to all intents andpurpofes, as if no fuch contract had ever hereto

fore been made and entered into between them.

2. And be it further enabled* That all property real and perfonal not by him or her Property of tn< i<*olldl, or.othl erwn-pe dIiTipolredl orc, w1 hi-c1h thi e lraidi BT,'enj amin BT. utller recei vedi- wilth or ac- ScoHnidfiErmlizeadbetoth

quired by or in virtue of his union or marriage with the faid Elizabeth, {hall hence

forth be confidered as reftored to her the faid Elizabeth, and the faid property is

hereby declared to be completely^ fully and abfolutely to all legal intents, veiled in

and confirmed unto her, her heirs, executors, adtniniftrators and afligns, forever.

3. And be itfurther enabled by the -authority aforefaid, That the faid Benjamin But- Said nenjamiti

ler and Elizabeth, in future mall be deemed and confidered as diftinft 'and feparate ?oteEiShah

perfons, altogether unconnected by any myftical union or civil contract whatever at per50m<

any time made or heretofore entered into between them.

DAVID MERIWETHER, Speaker of the Houfe of ReprefentatiwS,,

. DAVID EMANUEL, Pfe/dent of th/s Senate,,

.

JARED IRWIN, Governor,

.

:j^

February iij 179/6



An aB to divorce or fepdrate Henry Moore McDonald and Mdr,y his wife, and for frotecling each of them in their feparate

i. TVE IT EN ACTED. by the Senate and Houfe of Reprefentdtives of the Jlate of

JL3 Georgia in General Aff'embly met, and by the authority of the fame^ That from

and immediately after the paffing of-this act, the matrimonial connexion or civil con

tract of marriage made between the aforefaid Henry MbOre M'Donald, and Mary his

wife, late Mary Bacon Dixdn, fhall be completely annulled, fet afide, and diffblved,

as fully and effectually as if no fuch contract had ever been heretofore made, and en

tered into .between them.

.....



.,

2. And be it further enabled, That all property real or perfonal not by him, or her

fold or difpofed pf, which the faid Henry Moore M'Dbhaldj received with or acquired

by or in virtue of his union or marriage with the faid Mary, fhall from henceforth be

confidered as reltbred to her the faid Mary, and the faid property is hereby declared to

'\ .

' ''-

-

2



ig6 .

;

;;'

DIVORCES. ".

,,

; Ws '

be completely, fully and abfolutely to all legal intents vefted in, and confirmed unto

her, and to her heirs, executors, adminiftrators and 'a'ffigns forever'

Who U decla red to bu a

3. And be it further tna&ed, That the faid Mary M'Donald is hereby declared to

be a feme-fole, and fhe mall not be allowed in future on any pretence whatfoever,

to charge the faid Henry Moore M'Donald, his heirs, executors or adminiftrators,

or his or their eftates with any debts or dues of her contracting, or with any atlions

of, or for damages, for or by reafon of any, tort, trefpafs or damage whatfoever

which may hereafter be commenced or done by her the faid Mary; and fee fhallnot

Andde^idf be entitled to dower, thirds or other portion whatfoever, of or in the eftate of the

iiowe'r."61'10 faid Henry Moore M'Donald, or to any eftate, right, title, intereft or claim therein,

either in law or equity, but fhall be confidered and held as being barred, and as hav

ing forfeited the fame.

(BaWHcnryjb 4. /i nd be itfurther gnawed, .That the faid Henry Moore M'Donald, and Mary

KiaaVrws.'s Bacon M'Donald, ihall in future be held as diftincl and feparate perfons, altogether

unconnefled by any myftical union or civil contract whatfoever, at any time hereto

fore made or entered into between them,

DAVID MERIWETHER, Speaker ofthe Hoitfe of .Reprefentativcs..

DAVID EMANUEL, Prejident of'the Senate. :

February 11, 1798.

JARED. IRWIN, Governor.

.

An a& to divorce andfeparate George Mathews and Margaret his wife, andfor ing each of them in iheir refpeftive eftates.

Marriage cnn- i. E IT ENACTED by the Senate and, Houfe. of Reprefentatitles of the Jlate of

traft dissolved feetwesn

Georgia in General AJJembly met, and by the authority of the fame, That from

George Ma-

Ihews and Mar garet his^wifc.

and

immediately

after

the

paffing of this

aft,

the

matrimonial connexion,

or civil

contract of marriage, made between ahe aforefaid George Mathews and, Margaret

his wife, late Margaret Reed, Jh all be completely annulled, fet afide and diffolved,

asTully and effectually as if no fuch contract had never heretofore been made and en

And held to he tered into between them; and they fhall in future be held and confidered as diftinft

<istin6t per fons.

and feparate perfons.

2. And be itfurther enabled, That all the property which the faid George Mathews, .

Property of the laid Margaret

may

have

received

by or

in

virtue 'of

his

marriage

or

union with

the

faid Mar

confirmed to hereupon cer

garet,

tain conditions

except

fuch

as

may

have

been

appropriated

to their mutual

ufe,

or

may

therein con tained.

have died, or been loft by unavoidable accident, mall from henceforth be confider

ed as reftored to her the faid Margaret, fubjeS neverthelefs to the following reftric-

tions and conditions, viz. the faid Margaret (hall account for and repay to the

faid George Mathews, all fums of money he may have advanced for debts due

from, or encumbrances on the eftate of Robert Reed, deceafed, or of her own

contraQing, (of whom the faid Margaret was the widow and ijelicl) likewife all

fums of Money that may have been advanced to her ufc prior to her marriage with

the faid George Mathews, and all fuch expenditures, as may have accrued to him

previous to removing the faid Margaret, and her property from Virginia to the ftate

of Georgia, including fuch difburfements as may have been made at her fpecial in-

fiance and requeftj with thofe iocurred by removing her property to the ftate afore-

DIVORCES.

197

laid- alfo to pay and make good all monies advanced by him the faid George Ma-

thews in difcharge" of fees and other expenditures on fiats againft the e (fate of

him the faid Robert Reed deeeafed, including all judgments that may be recovered

a <*ain ft him on that account, the faid Margaret to account for and make good all mo

nies {he may have received on any account whatfoever, or may hereafter receive by

virtue of ,an exifting decree of the worfhipful court of Augufta county in Virginia,

bearino- date the 1 7th day of March 1796,. and alfo make good any other fum, orfums

of money that may come into her polfeffion, cuftody br power, by any other de

cree, :or fuch Aims as may come into the hands of any other perfon, or perfons for

her ufe, and to make good all damages done to the eftate or property of the- faid

George Mathews, by being fubjeft to any decree or order, or any court, obtained

at her inftance, giving at the fame time bond with approved fecurity to the faid

George Mathews, to indemnify him againft all claim or claims, that do now exift, or

may hereafter exift againft the eftate of the faid Robert Reed deeeafed, by any perfon

claiming as heir to him the faid Robert, or having any right of diftribution therein by

reprefentation or otherwife; alfo to indemnify the faid George Mathews againft any

debt or debts that {he may have contracted fmce the time of her abfenting herfelf from

'the faid George Mathews, except fuch as may have been contracledwith thehoufeof

Gamblev'and Gratteu, in Staunton in Virginia, where me had a liberal credit extended

to her by the faid George Mathews, , And provided alfo, That the faid George Ma

thews fli all be accountable to her for all rents and profits that he may have at any time

fmce the faid marriage received and applied to his ufe.

3. And be it further enafted, That the faid1 Margaret fhall be compelled to receive,rh ; sauiM-

fuch of her property as now remain in Georgia, at the prefent place of refidence ofgi'vche/pro.

the laid George Mathews : and to the end, that all matters of difpute and difference |ffiuionb of

may be finally and equitably adjufted, and that exorbitant fecurity may not be de- oc""^.

manded of the faid George Mathews, It i<> hereby enabled, That the faid George Ma

thews mall appoint two difinterefted and qualified perfons, the faid Mrs. Margaret y'V'

\ Mathews two other difinterefted and qualified perfons, and the governor of the ftate TM

one other difinterefted perfon, who, or a majority of them, mall be authorized and g

Empowered to decide and fettle all matters of difpute, firft giving four months notice

toi Mrs. -. Margaret Mathews of the time and place of their meeting for the purpofe

afo'refaid, both with regard to any claims exhibited by the faid George Mathews, as

well as to the fufficiency of the fecurity to be given by the faid Margaret, and that {he

may be the better enabled to comply with the terms of this aft, the fecurity to be given

may be either citizens of Virginia or Georgia.

4. And be Ufurther enatted, That the faid Margaret Mathews is hereby declared TM

to be a feme-fole, and {he fhall not be allowed in future on any pretence what foever, fem

to charge the faid George Mathews, his heirs, executors or adminiftrators, or his or

their effates, with any debts or dues of her contrafting, or with any affion of or for

damage, or by reafon of any tort or trefpafs whatfoever, which may be hereafter

committed by her the faid Margaret, and {be {hall not be entitled to dower, thirds, or te

other portion, of or in the eftate of th,f faid George Mathews, or to any eftate, right

or intereft br claim therein, but .fhall be held and forever confidered as being barred,

and having forfeited the fame.

.. .:

DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives

DAVID EMANUEL, Prefident of the. Senate,

JAREDvIRWIN, Governor.

, Februar^^gth, 1797.

DIVORCES.

An acl'-to divorce, orfeparate, Abner Mitchel, and Sally Mitchel-, his wife, formerly

Sally .Mitchel, and for protecting each of them in their refpe&i-ve. ejlates.

.Marriage con i. TJ E IT ENACTED by the Senate and Houfe of Reprefentatives., of the /late of

tract dissolved between Ah-

JLJ Georgia, in general aJJ'embly met, and by the authority of the fane, That From

ner Mitchel and Sally htt

the paffing of this aft, the matrimonial connexion arid civil contra; of marriage made

between the aforefaid Abner Mitchel and Sally his wife,.'{hall be completely annulled,

fet afide and diffolved, as fully and effectually as if no fuch contrael had been made

between them.

.

2. JSe itfurther enaSed^f^at the real and perfonal property Which has not by him,

Property of the said Sally con-

the faid

Abner

Mitchel

and

Sally Mitchel,

been fold or difpofed of,

which

the

faid

flfmed to her. Abner Mitchel received with or acquired by, or in virtue of, his union with the faid

Sally Mitchel, fhall from henceforth be confidered as returned to her the faid Sally,

and the faid property is hereby declared to be completely, fully and abfolutely to all

legal intents, vefted in and confirmed to her, the faid Sally Mitchel, her heirs, ex

ecutors and affigns forever.

And she clecla- 3. Be it further enabled, That the faid Sally Mitchel is hereby declared to be a feme-

rtd to lie a feme-sole.

fole, and me fhall not be allowed in future, on any pretence whatever, to charge the

faid Abner Mitchel, his heirs, executors or affigns with any debts, dues, of her_con--

trading, or \vith any atlions of or for damages whatfoever which fhall hereafter be

And haired of committed or done by the faid Sally Mitchel, and fhe fhall not be entitled to dower tier dower. of, or in the eftate of the faid Abner Mitchel, but mall be confidered and held as be

ing barred and as having forfeited the fame.

SAid Abner arid 4. And be it further enabled, I hat the faid Abner"Mitchel, and Sally Mitchel, mall

in Sally'tobetHs-
tiiiit persona.

future

be!

held

as diftinl and feparate perfons,

altogether unconnected

by

any

myftical union or civil cohtral whatever.

DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives.

DAVID EMANUEL, Prefidcnt of the Senate,

.

JARED IRWIN, Governor.

February 13, 1796.

,

An aci to declare null and void the contrast of matrimony between fgnatius Gilpin and Charlotte Vincent;, and to frotefl the faid Charlotte in her perfon and property.

Kcamble. i.\7|THEREAS a certain Ignatius Gilpin impofed himfelf as a fingle man upori

Marriage contraft dissolved

V V Charlotte Vincentj a.feme-fole, and procured her confent to a contract of

between Ignatius Gilpin and

matrimony,

which

was

afterwards

confummated.

And ivhereas, the faid Ignatius was

charlotte his ivifc.

at that time wedded to another woman, who was ftill alive and undivorced; by which,1

the fecond contraS was rendered null and void from the beginning. Be it therefore

enaSledy'Qy the Senate and Houfe of Reprefentatives of the ftate of Georgia in Gene

ral Affembly met, and by the authority of the fame, That the faid contfacl. of matri

mony between Ignatius Gilpin and Charlotte Vincent, fhall be, and the fame is here

by declared to be null and void to ail intents and purpofes, and in as complete a man

ner as though the fame had never been made;

2. And be it further enacted,- That from and immediately after the paffing of this

aft, the faid Charlotte Vincent fhall be taken 5 and eonfidered as a feme-fole, enjoying.

ELECTIONS.

the feparate proteaion of the: law, in her perfon and property, and free from the con-

^, and coercion ofthe faid Ignadus Gilpin, forever.

DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives

DAVID EMANUEL, President of the Senate. ' -

Affented to February 2, ^796.

JAMES JACKSON, Governor.

.

.

ELECTIONS.

An ad; to regulate, the general elections in thisjlate, and to appoint the time of the meet ing of the General AJJ'embly.

i. 13 E IT ENACTED ly the Senate and Houfe of Reprefentatives of the ftate of

'- JLJ Georgia in General AJfembly met, and.by the authority of the fame, That all Eieaiomfor eleHions for members to reprefent this ftate in the General Affembly thereof, and for mlleeggemiissll;aa*tteuurrrseeofaatnhnieal reprefentatives in congrefs, fliall be held ,at the court-houfe or place appointed for io"ef cEoengKreYss htoe

holding the foperior courts in the refpeftive counties, and the electors thereat fhalleach'county-1

vote viva voce.* It {hall be the duty of any three or more of the magiftrates of each Ej;^fcc

county not being candidates, to prefideat, and make returns of all elections for fena- j?TM0TM^

tors and reprefentatives in. the General Affembly and reprefentatives in congrefs; and |.^,TM! shSfr

the fheriff of each county or his deputy is required to attend at fuch elections for the SsdlHy?na~'

purpofe of'enforcing the orders of the prefiding magiftrates, and preferving good or- ,

der. That the general eleQion fliall be held annually on the firft Monday in Odo- SSon the e

ber, and the time for receiving the votes mall be from fix o'clock in the morning 'taSeE-w

until feven o'clock in the afternoon; and when any doubts fhall arife with refpeS "SckT'M.

,to the qualilkation of the voters, the following oath fliall.be adrainiftered: " I, ??. M0'6at

A.B. do folemnly fwear or affirm (as the cafe may be) that I have attained to the o*tk of votere,

': age of twenty-one years, have paid all legal taxes which have been required of me,

and which I have had an opportunity of paying agreeably to law, have refided fix

months within the county, and that I am a citizen of the United States, and an in

habitant of this ftate."

2, And be it further enabled, That if the fuperintending magiftrates or officers at ^"S:

fuch eleHions fhall make a fraudulent return, or they or either of them while fuper- SS*0'

intending at fuch eleftion, or any candidate mallinfluence or endeavor to influence^'toob-,

or perfuade any voter not to vote as he firft defigned or intended, or ihall take any un- foiSncTun.

due means to obtain a vote, he or they mall forfeit for the firft offence, one hundred thefirS" fuv

-dollars, to be recovered by information in any court having jurifdiQion thereof^ and^.

if a juftice, (hall be forever difqualified from ferving in the commiffion of the peacej ^^"ffJ

and if a candidate, fhall be thereby incapacitated from ferving in the poft or place for ca'ladtatal -

which he may be elefted. That if any perfon or perfons whatfoever, fhall on any Anyi,erson

day appointed for holding fuch eleaions, prefume to violate the freedom of fuch.Smen!,;

election by any arreft, menace or threat, or attempt to overawe, affright or force fnyvotefon

any perfon qualified to vote, or offer any bribe to induce him to vote contrary to ciceaiTM,Qrf-

his inclination;.or fhall after the faid ekaion is over, menace or defpitcfully ufe,^0^7



*

J

'shall he bound

* Repealed by aft of 17515,

t)Vtt to the &u-
jwriorcpwt,

SSOO

ELECTIONS,

. abufe or infuk any perfon, becaufe he hath" not voted as he or they might have wiflied

him, every fuch perfon fo offending, upon fufficient proof of fuch violence or abufe,

menacing or threatening before any juftice of the peace, fliall be bound over to the

fuperior court, him.ielf in one hundred dollars, and two fecurities .in fifty dollars

each, to be of .good behaviour and abide the fentence of faid court, where if the of-

fim!TMSk"fen dei" or offenders are convi&ted of fuch offence as aforefaidj then he or they .fhall

SXarnd:d reflectively for each offence, forfeit a mm not exceeding one hundred dollars, and be

tedTtmSSu*" committed to jail without bail or mainprize, until the fame be paid, which faid fine fo

impofed fliall be recovered by writ of fcire facias or ca fa, -iffued and figned by the

clerk of faid court under and by virtue of the fentence of the fame; and the fherifi"-

^earrs,^fnce of the county is hereby required'to levy fuch writ forthwith. That no civil officer

ciyU c-iseaon said day.

fliall execute any writ or civil

procefs whatfoev'er,

upon the body of any perfon

qualified to vote at any election as aforefaid, either in his journey to, or return fronx,

or during his ftay thereupon that account, under a penalty not exceeding five hun

dred dollars; Provided^ he fhall not be more than four days on his journey going to,,

returning from, and ftay at,the place for holding faid election, to be recovered of and

from the officer who mall ferve any procefs or arreft as aforefaid, after fuch manner

Ail processes sewed contra*

and form, and

to be difpofed, of as herein before directed;

and

all fuch writs or civil pro

vy to this hw, declared mill.

cefs executed on

the body of any perfon either going to, returning from, 9r being at the

place, where fuch election is appointed within the time before limited, he being qualified ,

to vote thereat, are hereby declared null and void, that at the general election which fliall

Members to beheld for members of the General AffenAly on thefirft Monday in Ocloberonethou-

congress elec ted uiennialiy

farid

eight 1 hundred,

and

a, every fecond general election-thereafter,

the electors at

fuch election fhall vote for members to reprefent this ftate in the Houfe of Reprei'en-

Their quaUfl. tatives of the United States. That no perfon mall be elected a reprefentative in cations. congrefs, who has not been an inhabitant of this ftate three years next preceding his

election, and paid his tax regularly during that time; nor fhall he hold any office of

profit under this ftate, or the United States, during the time for which he may be elefled.

,ec. a reprefentative. That the names of the feveral candidates be kept on feparate pa

s'^, pers, and the number and the names of the voters fhall be fealed up together with an

Si! accurate ftate of the poll under the hands of the prefiding magift rates, and tranfmitted

K\ by exprefs to his excellency the governor, within twenty days after clofing the poll,

;i at fuch-election-, who is empowered to draw on the treafury for the payment of fuch

The' ovemo exprefs, not exceeding two dollars per day. That the governor or commander in chief, for the time being, fhall within five days after the expiration of the faid, twenty

liSJHheper- days herein before allowed for making ret urns, count up the votes from the feveral

irlSc1acmat1'oii7 counties, or fuch of them as may have made returns for each perfon, and immediate

ly thereafter iffue his proclamation declaring theperfons having the higheft number

of votes and qualified as aforefaid, to be duly ele6ted to' reprefent this ftate in the

And grant 3 Houfe of Reprefcntatives of the United States, and to grant a certificate thereof un

^ tihcate 'thereof.

der the great feal of the ftate to each of them; Provided, no certificate or commiffion

JPrttvisp. iha.ll iffue to or for any fuch perfon fo elecled, until fatisfaclory proof is produced

that the tax of fuch perfon has been regularly paid as above mentioned, and that he

has actually had the refidence herein prefcribed. That where any two or more perfons

have an equal and the higheft-number of votes, other than thofe duly elected in the

vtes, UK go- general poll; then, and in that cafe the governor fhall iffue his proclamation direcltl,daumncw ing a new election, that in -cafe any perfon duly elected, being in this ftaie and noti-

" thereof in manner herein directed, fliall not within twenty days, and if out of this

e within forty 4ays after fuch notification, fignify his acceptance., or fhall depart

ELECTIONS.

201

this life, the governor or commander in chief, fhall order a new election to be held in like manner as herein before pointed out. That all writs of eleftions to fill vacancies JS^f,*;; that may happen for members of the General Affernbly of this ftate, or Houfe of Re-;;^;fe . prefentatives of the United States, fhall be dialed to the juftices of the inferior courts ^iLii^ of the refpeaive counties, who are, hereby required to give public notice thereof, and {uereoTMace caufe the fame to be held in manner arid form as herein before pointed out agreeably to fuch writ. That the prefiding magiftrates at any eleaion for members of the Ge-presMinpjusfU

neral Affernbly of this ftate, Or reprefentatives in congrefs, are hereby empowered and ijp^'p required to appoint three clerks to attend the faid elections, whofe duty it {hall be to turce'roiu!'

keep three rolls.

2. And be it further enaHed by the authority aforefaid, That the General Affernbly L^wure-

of this ftate, fhall from and after the paffing of this aft, meet on the firft Monday in ^>|thj!'

November annually.

*>

inNgvai.er.

DAVID MERI WETHER, Speaker, of the Houfe of Reprefentafives,

ROBERT WALTON, Prefident of the Senate,

JAMES JACKSON, Governor,

February nth, 1799.

An aB for the appointment of county officers.

E IT ENACTED by the Senate and Houfe of Reprefentatives of the ftate of

\ Georgia in General AJ/embly met, and. by the authority of the fame, That the

fheriffs, clerks, coroners and county fhrveyors, of the refpeftive counties within this -cannty alRan

.ftate, fhall beeleaed on the third Tuefday in Oaober next, by the *juttices of the ^'thtf^TM

inferior court and juftices of the peace, or a majority of them, in each of the laid by\h" jusuj'

counties refpeclively, arid all fuch elections fhall be held by any two -or more of the cUA^nYjuTtl,

{aid electors, not being candidates, who fhall within thirty days thereafter, tranfmit tin- tes " pti"A"

der their hands and feals a true return of fuch elections to his excellency the governor,

who is hereby authorized and empowered to commiffion fuch perfon or perfons as si,al) bc Wm,

fniv hp plprfprl may UC t-ltXU,U

missioned by the governor.

2. And be it further 'enacled. That the faid juftices of the inferior court and juf

tices of the peace, or a majority of them., lhall meet at the court-houfes in their ref- E]eaiom(obe

pective counties, in the forenoon of the faid third Tuefday in October next, and ap- J.1,^,^

point the aforelaid officers, and fhall meet on the faid third Tuefday in October in ^S. 1"0

every fecond year thereafter, and appoint each of the afbrefaid officers, in manner

herein before prefcribed; Provided Always-, That the clerks of the courts fhall hold their

appointments during good behaviour, agreeably to the conftitution.

cierkshoid

3. And be it further en&Eled by the authority aforefaid, That on the reprefentation ringE^fbch*;

of. two thirds of the juftices of the inferior court, and of the county, or by fentence of Sy of those

impeachment, his excellency the governor be and he is hereby authorized to remove ?cTnoveuTMy ti!e

any of the aforefaid {heriffs from office; and he {hall and may remove from office SSSS"

any coroner or county furveyor,, on like reprefentation of two- thirds of the juftices ol 'o^uSS,

the interior court and of the county, the governor {hall and may alfo remove any ofTMk'yeimlSk

the aforelaid clerks, county furveyors or coroners, from'office, on conviction of the ^?'0""."1"V-

offender or offenders, for mal-practice: in office.

."*"""'

Cc.

* All thofe eleaioKB aVe to be by the people. See a of ^th December, 1 799^

ELECTIONS.

1,1)0* 4- And be it further 'ettaStcd, That in cafe of the death, refignatio.n or removal

J> from office, or O'ther difability of any or either of the aforefaid officers, it fliall be the

duty'of one or more of--the juftices of the inferior court of the county in which fuch

vacancy fhall happen, to give attiea-ft ten -days' notice, to be .publifhed at the .court-

houfe, and at three or inore'public .places in fuch county, for the meeting of the faid

juftices of the inferior court and juftices of the peace, for the .purpofe of filling up

fuch vacancy ; and the faid juftices of the'inferior court and juftices of the .peace, or

a majority of them being <fo convened, fliall proceed to elect a fit and pro,per. perfou

to fill fuch vacancy, according to the directions of this act.

* 5. And be it further enacted, That the inferior court fliall at their fir.ft-term in

tond eac>n year5 appoint at leaft one and not more than two fit and proper perfon or .per-,

^ in fonsin each riiilitia company diftrict to ferve as conftables, who fhall hold vtheir ap

>!in pointments for one year, and until a fucceffor fhall be appointed, and before fuch

conftables enter on -the duties of their appointments, they fliall give bond and good

fecurity to the governor of this flate-for the time being, in the fum of one hundred

and fifty dollars, for the faithful difcharge of their duties, and fliall alfo take the-fol

And take as ealli.

lowing oath beforeajuftice of the inferior court orjufticeof the peace: " I do folemnly fwear, or affirm, that I will duly and faithfully perform all the duties required of me as

conflable of the county of--------according to the bell of my abilities and underftand-

ing." And where it fliall fo happen that no fit and proper perfon or perfons offer

themfelves as candidates, the faid court fliall pafs an order directing the juflices in any

diftrict, or one of them, to draw-not exceeding two perfons from fuch company, to

j-orty <ipi!a ferve as aforefaid who fliail be liable to a fine of forty dollars, to be levied by order of

remas"Srntt-the faid inferior court, on refufal to act,orprocure fome other perfon toferve for him.

We 'Ihprize soixie

6. And be itfurther ena&ed, That any juftice of the peace may in cafes-where there is no conflable in his diftrict, either from death, removal or otherwife, authorize fom$

perfon to execute the duties of conflable until fuch vacancy is filled.

DAVID MERI WETHER, Speaker of the Houfe of Reprefenttfives.

ROBERT W ALTON, Pr.(Jident of the Senate.

February 16, 1799.

JAMES JACKSON, Governor.

An 'aftfupplementary to an att entitled, " An aft to regulate the general eletttons wthi$ Jlate, and to appoint the time of the meeting of the General Affentbly ;" pa/fid the ele venth day of February one thoufandfeven hundred and ninety-nine ; and an aff enti tled, "An aSi for the appointment of county officers^ -pajfed'thef-xtcenth day of Fe-
Iruary one thoufandfeven hundred and ninety-nine,

l. E IT ENACTED by the Senate and 'Hoiife of Reprefentatives of the flate of

be by ballot,

Georgia, in General AJfembly met, and by the.'authority of the fame, That in

<i commence future, all elections fliall be by ballot, and the time of opening the elections for fena-

IcH'aHi M. tors J an ^ reprefentatives of this ftate, fliall beat the hour of feven o'clock in the morn

ing, which eleftion fliall be kept open until the hour of fix o'clock in the afternoon,

and then clofed.

county officers 2. And be it further enatted, That in future, all elections for county officers, to to be by the \vit, the clerks of the fuperior and inferior courts, ftieriffs, coroners, and county fur-

EMANCIPATION.

veyssrsj. flwM.b'eby the citizens of the respective counties, w,b4.are entitled by law to

vote at elections for reprefe.ntatives, or members; of the legislature of tliis ftate; and

{hall be opened, conducted, and clofed in the fame manner, that ejections are for

members of the legislature of this (late. 3. And be it further enacted, That if a vacancy fliould take place in one of the v

aforefaid offices, it Ihall be the duty of the juftices of the inferior court, or any two or

more of them, to give notice in one or more of the public gazettes, or at the court-

houfe, and three or more of the moft public places in.the county within which fuch

vacancy may happen, twenty days previous to the eleQion for filling up the faid va

cancy : and the perfor fo chofen (hall continue in office no longer than his predecef- Cmtlm,M<%-

for would.have,done. And where any two or more candidates for any county office lawopmon

{hall have the higheft and an equal number of votes, the prefiding juftices mail certi- nmber*ofq"_

fy the fame to his exceJlency the governor, who {hall be, and he is hereby authorized ^^p

to appoint o-ne of the perfons fo having an equality of votes.

them.

4. And be itfurther enabled, That fuch part or parts of the aforefaid ats as fliall j^lln

militate againft this aft, fliall be and is hereby repealed.

-!

DAVID MERIWETHER, Speaker, of the Houfe of Reprefentatives,

DAVID EMANUEL, President of the.Senate.

JAMES JACKSON, Governor.

'.December 4th, 1,799.

EMANCIPATION.
'An aft to emancipate andfetfree Au/iin, a mulatto ; etlfo Harry, a n-egrtfelfaw,
!.. Tit 7 HERE AS Auftin, a mulatto man, at prefent the property of the eftate of RiV V chard Aycock, efq. during the late revolution, inftead of advantaging
himfelf of the times to withdraw, himfelf from the American lines and enter with the majority of his color and fellow flaves, in the fervice of his Britannic majefty andhis officers and vaffals, did voluntarily enrol himfelf in fome one of the corps, under the command of Co). Elijah Clarke, and in feveral actions and engagements,'behaved againft the common enemy with a bravery and fortitude which would have honored a, freeman, and in one of which engagements he was feverely wounded and rendered .incapable of hard fervitude, and policy as well as gratitude demand a return for fuch fervice and behaviour from the commonwealth. Be it cnatted, That the faid A8tta Auftin be, aud he is hereby emancipated and made free j and he is and {hail be here- l*tcdl :b/ entitled to all the liberties, privileges, and immunities of a free citizen of this ftate, fo far as fee negroes and mulattoes .are allowed ; and mail be entitled to the annuity allowed by this ftate, to wounded and difabled foldiers.
2. And be it further enabled, That'Col. Elijah Clarke, Zachariah Lamar, and John Talbpt, mall be and they are hereby appointed agents for the ftate to contract w^ ,and agree with the heirs, executorsoradminiftrators, of the faid Richard Aycock, forw*-" the value of the faid Auftin, Provided the fame does not exceed the fum of feventy pnrcha pounds, and that they give a certificate for fuch fum to the proper owner of the faid STnty tAreuafftiunr,yfoorf wthhisichftaftuem. his honor the governor ,is hereby empowered-..to.,.d..ra..w on the poum"
1

204

'

EMANCIPATION.

BanrythciDM. 3. And be it aljo enacted, That negro Harry, late the property, of William Sherrill,

IHcKte'd" ^or k's m'er'tor' ou s fervices to this ftate, be alfo emancipated and made free, and en

titled to.the rights of citizenihip fo far as free negroes and mulattoes are entitled as

aforefaid.

'

'

By order of the Houfe.

WILLIAM GIBBONS, Speaker.

Augufta, Auguft 14, 1786.



An aft, to manumit a certain perfon of color, by the name of Samuel.

rteambk. T 71 THERE AS Jofeph Thomas, of the county of Oglethorpe, has fignified his in-

V V tentions and deiign to manumit and fet free a certain boy of color, of his

own right and property.

,

samei the pro- i. Bf.it cnaEleil by the, Senate and Houfe of Reprefentatives of the Jlate of Geor-

ffiLalonan-^za and by the authority of the fame, That Samuel, a certain boy of color, the pro-

*lpou: perty of Jofeph Thomas, be manumitted and made free according to the prayer of the

-petitioner:

Andgivenan 2. Provided nevcrthclefs, and be it enabled, That nothing in this aft contained

eifree negroes. J]]a ll De couftrucd fo as to give the faid Samuel, any privileges more than other people

>owcc<u,eebvht! f cl r are allowed by the laws of this ftate, or to the,prejudice of any juft debts. ui Thomas. tjiat may |jC againft the faid Jofeph Thomas, at the time of the paffing of this.aQ.

DAVID MERIWETHER, Speaker of the Houfe of Reprefenlatives.

DAVID EMANUEL, President of the Senate.

Aflented to Deeember i, 1800.

JAMES JACKSON, Governor.

An all, to enable the executors of the lajl will and tejlament of Daniel Grant^ deceafed, to carry the fame into effeff, and for other purpofes therein mentioned.
bk. XXyTHEREAS by the lafl will and teftament of Daniel Grant, deceafed, late 'of the V V county of Wilkes, the executors therein named, are directed to apply as ear
ly as may be to the legiflature of this itate for an afcl, enabling them to carry the faid will into effecl : And whereas the faid Daniel Grant, deceafed, hath by his lafl will and teftament declared, certain negro flaves therein named, free at certain times, and under certain conditions and refl.ri6tions therein mentioned : And whereas, the executors, to wit; Thomas Grant, John Crutchfield, and David Meriwether, have petitioned the, prefent legiflature, in terms of, and agreeably to the faid Will : ! negroes . i. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the Jlate of Ti'if"! & 0ria i'n General Affembly met, and by tjie authority of thefame, That the aforefaid ?""1' Thomas Grant, John Crutchfield, and David Meriwether, executors as aforefaid, the furvivor or furvivors of them are hereby authorized to carry the faid will, with every item and paragraph thereof, fully into effect ; and the feveral negro flaves therein mentioned, are hereby declared to be freed and liberated, at, the times and on the terms and conditions therein exprefled; any law, ufage or cuftom } to the con trary notwithstanding.

EMANCIPATION.

205

.2, And whereas,.. Anthony Hayns, late of the county of Columbia, was in his li^^f,^t|;

time'poffelfed of certain negro flaves, to wit, Chany and her nine children, Billy, Syl- SfA^i'.y

'Via, Francis, John, Polly, Richard, Betfey, Anthony, and Peggy; And whereas, theSns>degea'

faid Anthony 'Hayns did, on the .tenth day of June, in the year of our Lord one

"thoufahd feven tijjridrcd and' ninety-five, make a.certain inltrument in writing, duly

executed, aricl .now entered of record in the clerk's office of the faid county, purport

ing his renunciation of all right, title, intereft, and claim of, in, and to the laid negro

woman Chariy, and her afore laid children, and did thereby publifh a-rid declare the

aforefaid negro woman Chany, and her nine children, Billy, Sylvia, Francis, John,

Polly, Richard, Betfey, Anthony, and Peggy, to be forever manumitted, emancipa

ted and freed, and capable of enjoying all the rights, and privileges of citizenfhip ;

and the faid Anthony Hayns, did alfo on the fifteenth day of June, one thoufand

feven hundred and ninety'-fiye, by his laft will and teftament duly executed, give and

bequeath unto the faid negro woman Chany, and her children, Sylvia, Francis, John,

Polly, Richard, Betfey, Anthony,and Peggy, certain lands and other property there

in prefcribed.

And whereas, Thomas Hayns and David Maxwell, executors of the faid laft will

and teftament, have applied by petition to the legiflature, to confirm the emancipa

tion and freedom of the faid negro, flaves. Be it therefore enacted by the authority afore

faid, That the faid negro woman Chariy, and her nine children, to wit, Billy, Syl

via, Francis, John, Polly, Richard, Betfey, Anthony and Peggy, they, and each of

them,- be, and they are hereby emancipated, freed, and enabled 19 take, hold, and en

joy property .of every kind, in like manner as if they were free citizens of this Hate.

3.. And be itfurther en-acted by 'the authority aforefaid, That the property given and tc"^ne pTMrcr*

bequeathed in the laft wilt and teflJament of the faid Anthony Hayns, to the laid negro t'lcm>

woman Chany, and her children, Sylvia,. Francis, John, Polly, Richard, Betfey, An

thony and Peggy, is hereby declared to be vefted and confirmed in them and their

heirs and affigns forever, agreeably to the true intent and meaning of the faid will.

4. And be itfurther enacled, That Reuben Going and John Going, of Greene coun- J0cimGouTMlear

ty be, and they are hereby authorized and enabled to take., hold, and enjoy property property!1"'11

both real and perfonal.



Provided nevertheless, That nothing.herein contained (hall extend, nor be conftru-prov;.

ed to extend,, to entitle the faid free mulattqes and negro flaves when liberated as

aforefaid, to ferve as jurors in any cafe whatfdeyer, nor to render them or either of

them, a witnefs in any caufe or cafe where the perfonal right or property of any whate

perfon or perfons is or are concerned, nor to entitle them or any of them, to have or

hold, direQly or indire6Uy, any office of truft or profit, civil or military, within this ilate.

THOMAS STEVENS, Speaker of the Houfe of Reprcftntativcs. BENJAMIN TALIAFERRO, Prefident of the Senate, Concurred February 13, 1796.
JARED IRWIN, Governor.

An an to admit Thomas Going, a free perfon of color, to the privileges of a citizen of this flate, fo far as it, therein expressed.
HEREAS Thomas Going, a free perfon of color, has petitioned this legifJaturej praying to be made a free citizen of this ftate;

niam.G?:"g Be it'therefore enacted by,the Senate and Hottfe of Aeprgjenlaiives 'of the Jiattof Gear-

*\$i$ts%^ gia in General AJJembly met, and by the authority of: the fame, That from and after

ZIIIP. tjie pa ^ r) g Of ty s aQ ? t}iat tke aforefaid Thomas G-oirjg, 6'ftlie county of Wilkes,

be and is hereby veiled .with and entitled to all the rights, privileges arid.immunities

proviso. belonging to a free'citizen of this ftate; Provided neverihelefs, That nothing herein

contained fhall extend or be conftrned to extend to entitle the faid Thomas Going,

to fervein the capacity of a juror, in. any caufe whatever; rior to render him a com

petent witnefs in any caufe or cafe where the perfonal rights or property of any white

perfon are, or is concerned; nor to entitle the faid Thomas Going, to vote at elec

tions, rior to have or .hold, direftly or indireftly, any office of trull oir emolument^

civil or military, within this ftate.. ,.,-,

DAVID; MERIW ETHER, Speaker of the -tioufeo/&epre/entativeit

ROBERT W-ALTON, Prejident of: tlic Senate, '

'

Afientecl to February 18,1799.

JAMES'JACKSON, Governor,

:>'.,'..'-,....

,

; _

,

.

-.

.

; ; ..

V

An aet:to manumit ana exemptfrom certain .penalties, Sylvia^ Mill h'erfon David, ttvia

the property of jfofefh''Gabriel Poj'ntr, ', ' ' .

preamble, TTtTHEREA'S Jofeph Gabriel Pofner, 'hath, by his petition pvefented to this proVy fent General Affembly, prayed that Sylvia, a woman of color, and David her fon, the property of the faid Jofeph Gabriel Pointer, ihould be manumitted and difcharged from flavery.
siviaandna. i. Be it enaMed by the Seriate dnd Houfe of Representatives of the ftate of Georgia, in General Ajfembly met. That from and after the paflifig this ac>, the faid Sylvia and David, {hall be, and they are hereby declared to be manumitted and made free, an be thereafter utterly, clearly and fully difcharged from flavery, as if the faid Sylvia and David, had been born free. 2. And be itfurther enatted, That if it (hall fo happen that the faid Sylvia or Dav j(j ? fhould bg charged or aceufed of any ofFence or crime whatfoever, the faid Syl-
lte(bncel"Se v'a or David, fliall oe tried for fuch offence in the fame manner, and be entitled to vijiitepenoia. ^^ fatne defence jn the courts of this ftate, as allowed to free white perfons in like
cafes, -DAVID MERlWETttER,.Speaker oftheffoufeof'fafrefaitstivei. ROBERT WALTON, 'Prejideni'of the Senate,
Aflented to February g, 1799. JAMES JAGKSOH, -Governor, '

An set to admit James Sttwart and Ju'dy Eltoft, free perfons of color', U the privi leges of citizens of thisjiate, as far as is therein cxprejfcd.
t.T>E IT ENACTED"^ the Senate and Houfe of'Refrfefenialives of the (late 6f admitted to the J|"^\. Georgia in G/-, eneralr A*JfJremb^ t^y' met, andi bt y t lrie authi ority ojr t,h1 eJrame, T1Mhat rIrom
and after the pa fling of this aft, the aforefaid James Stewart, of the county of Burke, be, and he is hereby ve'fted \vith and entitled to all th'e riights, privileges and

EMANCIPATION.

immunities (belonging tp a free .citizen of .this ,ftat.e: Provided nevertjielefs, That no- Plov!0-

thinp herein contained fhall extend, or be .conftrued to extend to .entitle the ,faid J ames

Stewart, to ferve in the .capacity of .a juror in any .cafe .whatever, nor to render him

a competent witnefs in any caufe orxafe where the perfonal rights or property of any

white perfon are or is concerned; nor tp entitle the laid James ,Stewa?t to .vote at elec-

lions, nor to have or hold, direclly or iridireclly, any office of tr,u,ft or emolument,

civil or military, within this ftate. And whereas, Judy Eltoft, a free perfon of color, has petitioned this legiflature to JdyEie,

be made a free citizen of this ftate:

*$ f

2. Be it therefore enacted, That the faid Judy Eltoft, of the county of Rich

mond, be and fhe is hereby verted with and entitled to all the^ rights, privileges and

immunities belonging to a free citizen of ,this ftate; with this exception, that fheExceptio

fhall not be a competent witnefs in any caufe where the perfonal rights or property of

any white perfon .may .be concerned.

DAVID MERIWETHER, Speaker oj the Houfe of Reprefe-nkztives,

DAVID EM ANUEL, P.rejid&nt of,the Senate,

Affented to Decembers, 1799.

JAMES JACKSON, Governor.

An act to manumit .certain perfons iher&in named.

WiHEREAS James King, .lateof the eity of -Charlefton, deceafed, did by his Preamble, 4aft will and teftament, bearing date the twenty-fixth day of March, in the

year of our Lord one tboufand feven hundred,and ninety-fe.ven, : direcl; his executors

therein named " to take care of and manumit .as foon as poffible his two negroes,

Lewis and China:"

And whereas Alexander King and Jofhua Moore, the executors named in the faid

Jaft will and teftament of the faid James King, have by petition applied to the prefent

legiflature, praying that the. benevolent intentions of the faid James King, towards the

faid negroes, be carried into effeft:

t. Be.it therefore.enacted by.th-e Senate.and Houfe.of Reprefentatives of the ./late o/KeEroesi

Georgia, -in General AJfembly met, That the faid negroes, Lewis and China, be andnwnSt

they are hereby manumitted and made free, and they are hereby entitled;to the fame

privileges and immunities as if they had been born free.

And whereas Ezekiel Hudnall, has by his petition prayed the legiflature to manumit

the following flaves: Bridget Waters: and her children, Leyiny, Nancy, Daniel and

Syrus-

2. Be it enatted, That the faid Bridget, Leviny, Nancy, Daniel and Syrus, be, certamoth

and they are hereby, declared to be free and manumitted, according to the; prayer of SSfwx"

the, faid petition.

And whereas it appears to this prefent General AHembly, that a certain Harry

MClendon, formerly ; the property of Jacob MClendon, and Rofe his wife, for

merly the property of .Andrew M f Lean, have purchafed their freedom, together

with the freedom of their children, of and froim their former owners, and have pray

ed that their freedom, as purchafed, be fecured by law :

3- Be it further enacled^. ,1\i^i the faid Harry, Rofe, and their, children, Betfy ^

and Keziahj-be and they are hereby declared to be free,

.

ESTRAYS.

WOYU.

^ Provided always, and le it further matted, That nothing in this aft contained;;

fhallbe con (trued to give any pcrfon herein.manumitted, any 'privileges, except fuch

as free people of color are entitled to by the laws of this ftate.

DAVID MERIWETHER, Speaker of the Houfe ofRcprefcntatives.

DAVID EMANUEL, Prcfidenl of the Senate,

Affented to December 5, 1799.

.

,

JAMES JACKSON, Governor.





: ESTRAYS.

An Act concerning eflrays Andfor improving the breed of horfes.

p . E IT ENACTED by the Senate and Houfe of Rcprefenlatives of the fate of

"'- JLJ Georgia in General Affe-nibly met, That it mall and may be lawful for any

perfon, upon his owafreehold, or other perfon having charge of fuch freehold in the

abfence of the owner thereof., and not elfewhere, to take up all eftrays, whether horfe,

mare, colt, or filly, neat cattle, affes, mules, or fheep, hogs, or goats that may be found

ftraying away from the owners;, and any perfon taking up eftrays as above, mall

within ten days, in cafe fuch eftrays have been broke to feivice, take or drive it or

them before a juftice of the peace in the county, whofe duty it fhall be, and he is

hereby required to take down in writing a particular defcription of the marks, natural

and artificial, brand, ftature, age and color of fuch eftray or eftrays, and immediate

ly to iffue his warrant to two or more freeholders of the vicinage, commanding them,

having been firft duly fworn thereto, well and truly to appraife, or afcertain the .va*

uation and ]ue of fuch eftray, which appraifement or valuation and defcription as above, together

to the w ith the name ,of the taker up- arid the place 'of his abode, the laid juftice (hall, within clerk of the sn- . ten days tnereatter, tranimi}t'to the cle*rk o:t the iuperior 'c. ourt i.n"la..id. county,'taki.ng

fpecial care that the peribn or perfons taking up fueh eftray, do folemnly i'wear, or

Scean'Mth affirm, that he or- they have not altered or caufe to: be altered, the marks or brands of

fuch eftray, and to the beft-of his or their knowledge and belief, fuch. marks or brands

have, or have not, as the cafe 'may be, in any wife been altered, and. that, the .owner is

to him or them unknown,

.. .

fatrayeciiieit 2. A nd l>e itfurther tn&citd,, That in .cafe any pcrfon fhall take up any. fuch eftray*-

&c CO'IK vww- e'd neat cattle, fheep, goats, or hogs, he fhall caufe the fame to be viewed by a free

hoWer! ae" holder in the county where the fame fhall happen, arid (hall immediately gor with fuch

The taker u freeholder, before a juftice of the faid county and make oath before him that the fame

a'jwtPceami"* was taken up at his plantation or place of refidence in the faid county^ and that the

ic^antide'-11' marks or brands of fuch eftray or eftrays, have not by him, or to the beft of his

scrite the - ^ now jecjge been altered; and then the juftice {hall take from the taker up and free

holder, upon oath, a particular and exact defcription of the marks, color and age of

justice siia-i all and every fuch neat cattle, fheep, goat or hog, and fuch juftice fhall, in manner:

of"pprSSant above directed j iffue his warrant for the appraifement of fuch' eftrays, which defcrip*

&7ue amide- tion and valuation, fhall by the faid juftice, within ten days., be tranfmitted to the clerk

plhec'Sl of the fuperior court, by him to be; difpofed of as hereafter directed.

j"Setty0s 3. And be itfurther enacted^ That it fhail be the duty of every juftice of the peace

before whom any eftray fli all be carried as aforel'aid, to. enter a true copy of the cer-

ESTRAYS.

209

tificate tranfmitted by him to the clerk of the court, in a book to be by him kept for

4. And be it further enatted, That it fhall be the duty of the clerk of the fuperior ^1^.1,,^ court in each county in this ftate, and he is hereby required to. receive and enter in a ictica. book by him to be provided and kept for that purpofe, all fuch certificates of defcription and appraifement, as to him fhall be tranfmitted from the refpeclive juftices
in the county ; and it fhall alfo be the duty of the faid clerk to affix a copy of every fuch defcripdon and valuation to the court-houfe of his county, for two terms fuc-
ceffively, after the fame fhall be tranfmitted to him. K. And be it Further enacted* That in cafe no owner fhall appear in the term of Horse*, came.
twe*Jlve calendarJmonths from th e time of faki i ng up any ihonpe, mare, col1t, aiPs, mul1e 01 ^t TMfTM cC. not ciiini neat cattle, in that cafe it fhall be the duty of the clerk, upon giving thirty days pre ^w'aJum vious notice, by advertifement at the court-houfe, to proceed to fell fuch eftrays for tocomuyuse*.
ready money to the higheft bidder, which money fhall, in the hands of the faid clerk, be fubjecl: to the order of the fuperior court, for county purpofes, after defraying the
charges or fees herein after directed. 6. And be it further enaSed, That in cafe any perfon fhall take up as aforefaid, ^*6^*f/?B
any fheep, goats or hogs, and no perfon or perfons fhall appear and make fatisfadory tlirecmoutl1*proof that the faid eftrays are his or their property, within three months from the time of taking up fuch eftrays, the clerk having advertifed for three months at the courthoufe, in that cafe the clerk is hereby direcled and authorized to proceed to the fale of fuch eftrays as above directed, and the monies ariiing therefrom fhall alfo be ap
plied as above. 7. Neverthelefs, be it further enaffied, That if any perfon or perfons fhall, with- 0wncr5cIlMi
in the term of twelve months from the time of fuch fale, prove to the fatisfaelion of JKVsTnS the court, that the property fo fold was his or their own, or that of his or their em-ceiv'eliw'aTM" ployers, as the cafe may be, in that cafe the court fhall, after deducing the fees and f^Sa?^!,'.'*" charges hereafter defcribed, pay the balance of the money arifing from fuch fales to the claimants of fuch property.
8. And be it further enacted by the authority aforefaid, That the juftice, for his fer-justici:!, fcM, vices as above, fhall receive from the taker up, at the time fuch eftray or eftrays fhall be brought before him, or a defcription and valuation thereof prefented to him as above, the fum of three fhillings and fixpence for each horfe, mare, colt or filly, aft or mule, and the fum of threepence halfpenny for each head of neat cattle, fheep, goats or hogs,
9. And be it further enatted, That the taker up of fuch eftrays {hall, as a com-^j^'p. penfation for maintaining and keeping of the fame, put them to immediate labor, ji^^ if capable of fervice; and if incapable, or he fliould prefer it, receive from the own-^ser if claimed, or from the court if fold, a reafonable fatisfaftion, to be adjudged by the clerk and a juftice of the peace in the county, according to the circumftance of the cafe: Provided neverthelefs, That,, in cafe of putting.him to labor, he fhall be rTMTM' bound to produce them to the owner if claimed, or to the clerk if fold, (cafualties excepted) in as good condition as when appraifed.
10. And be it further enaSted, That, upon the delivery of any fuch eftray to the legal owner, or in cafe of fale upon the fale thereof, the taker up fhall receive from His fed. the owner or clerk, as the cafe may be, the fum of four fhillings and eightpence for each horfe, mare, colt or filly, afs, mule or ox, in addition to'the fum by him paid to the juftice; and the fum of fevenpence for each head of neat cattle, fheep, eoats
Dd

ESTRAYS.
or hogs, in addition to the fums above mentioned, for the keeping and maintenance of the fame.
11. J^ ^ ^yy^gr gna^M, That the clerk mall, for the receiving, entering and publifhing every certificate as above directed, and advertifing the properly for fale, if necefTary, the fum of two millings and fourpence, to be paid by the owner, upon claiming the property, or deducted out of the money arifing from fuch pro perty in cafe of fale, and the further fum of five per centum upon the balance of fuch money, as a compenfarion for felling, collecting and paying.
1%. v4nj & ^/w^Aer gna^e^, That it fhall be the duty of the fuperior court * in ofbi^a,'tTM each county, at each term, to call upon the clerks of the faid counties to give in a tSkRr\n full ftaterrient of all monies by them collected in confcquence of this act; and alfb n"s*%'iTM"^ require a juft and true account and reckoning of and from all juftices, toll-mafwboKT'cn tf rs or other perfbns heretofore concerned in taking up or felling eftrays, and of the trayVr*"'" monies that havcarifen and not accounted for, or fhall arife from the fale of fuch ef
trays taken up under the former laws of this ftate; and fuch juftice, toll-mafter or other pcrfbn fb concerned is and are required, under the penalties incurred by this law, to render fuch account, and the balance of monies remaining in their hands, after deducting the legal charges thereon, fhall be paid into the hands of the clerks of the fuperior court, to be applied as herein is provided for. t^mlJy'%i 13. ^^ ^e ^/MrZAer gMgfiM, That any perfon taking up any eftrays as afbrefaid, and failing or neglecting to comply with and fulfil the intent and meaning of this act, and being thereof duly convicted before three magistrates, mall, for every fuch of fence, forfeit a fum equal to double the value of fuch eittray Jo neglected to be tolled and advertifed as aforefaid, to be recovered on information before any court having cognizance thereof, one half to the informer, the other half to the ufe of the county.
14. ^( ^g zV^/m^Agr ea^g^, That if any juftice or clerk fhall refufe or neglect to perform the duties required of them by this act, each juftice or clerk neglecting or refuting fhall, for every fiich neglect or refufal, forfeit the fum of five pounds, one moiety to be paid to the party informing, and the other moiety to the ufe of the county where fuch offence fhall be committed, to be recovered by action of debt in any court having cognizance of the fame, and fhall moreover be liable to an action of damages to the party injured, and upon conviction pay double cofts. MecdhoMc* i^. And for the improvement of the breed o? horfes within this ftate, .Be %jj4fr%%yk ^gy gMg^g^, That if any ftone horfc, above eighteen months old, fhall be found run ning at large, it mall and may be lawful for any perfon to take up the fame, and having taken him before the neareft juftice of the peace in the county, by the pcrmiflion of the faid juftice, may geld the fame, taking care that the operation is per formed by a perfon ufually doing fuch buflnefs in the neighborhood, for which- the perfbn fo gelding fhall receive one dollar, to be paid by the owner of the horfc: jPro*n!. wcM Mgtfgr/Ag/i?/}, That if any perfbn fhall take up and geld any fuch ftone horfe, contrary to the true intent and meaning of this act, or without fully purfuing the above direction, he dial), for every fuch offence, forfeit to the party injured, double the va lue of fuch horfe, which value fhall be afcertained by two refpectable freeholders, who were acquainted with fiich horfe, who fhall act upon oath, to be recovered in any court having cognizance of the fame.
* Inferior court; veAed with thi@ power. See a&s of 1796 and 1799.

ESTRAYS.

.

*n

16 And le it further enacted, That all former laws or parts of laws concerning ef-$ffl?rUw trays,' fhall be and they are hereby repealed, fo far as refpeQs the taking up fuch el-
trays contemplated by this act. WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. NATHAN BROWNSON, Prefident of the Senate.
Concurred December 20, 1791. EDWARD TELFA1R, Governor.

An att to revife and amend an a&, entitled " An a& concerning ejlrays, and for impro ving the breed of horfes."

i. Y>E IT ENACTED by the Senate and Houfe ofReprefentatives oftheJlate of Geor.13 gia in General AJJ'embly met, and by the authority of the, fame, That from and-msaicofcat-

after the paffing of this act, the (ale of all eftrays, except horfes, mares, colts, fillies, Ji|ca75.

afles or mules, fhall be in the captain's diftrict in which fuch eftray may have been ta- th^reteken

ken up, and fhall be fold by thejuftices of the diftria for ready money on their court >TMgTM f ^

days j and at leaft twenty days notice of all fales fhall be given at one or more of the; courtuay.

moft public placesin the diftrict. 2. And be it further enatted, That thejuftices of the feveral company diftricts fhall ;<:&> w

at the,next inferior court after the faleof any eftray or eftrays, rentier an account, thereof ^jjljTMTM^

in writing and pay over the monies received by them for eftrays fold, to the juftices of'l^xuW

the faid courts reflectively ; and if any juftice of the peace fhall fail to pay to the in- ^ftTommFs" fe'rior courts the monies for which fuch eftrays may have fold as required by this a.Q, sions-

after deducting five per centum commiffions and fuch other charges as are allowed by tiTJSf'tabe

law, he or they fhall be puniihed by attachment as for a contempt, and fhall be com-iSmeut/'1

mitted until the monies aforefaid fhall be paid.

3. And 'be it further enacled, That if any perfon fliall prefume to fell or difpofe of, pCTSonssdling or apply to his or their own ufe, any eftray, every fuch perfon or perfons fo offend- ownu"e"S.'ic*

ing, fhall be fubjeft to indictment for a mifdemeanor, and on conviction thereof fhal! ^SfSture forfeit and pay to the juftices of the inferior court for the ufe of the county in which vauiouofesucS

fuch offence may be committed, double the value of fuch eftray or eftrays fo fold, ap- crtrays'

plied or converted to his, her or their ufe.

4. And be it, further enacled, That every eftray, horfe, mare, colt, filly, afs or I"TM5;,"1"/8'

mule, fhall on the day they are to be fold agreeably to law, be brought to the court- Suuome'in houfcby the perfon who took them up, and delivered to the clerk of theinferior court by thcdayofsalc>

twelve o'clock at fartheft, and on failure thereof, unlefs fatisfactory proof can be given

in excufe, he, fhe or they, fliall forfeit double the value thereof, to be recovered in the "|f"^ manner herein before pointed out, Provided neverthelefs, That nothingcontained in this ^H'E*^

law fhall beconftruedas to prevent the original owner from receiving the amount ofowlJTay'ra

fales of fuch eftrays, on application and fatisfaftory proof thereof being made to {aid Sount of^ie, inferior court, if fuch application is made in a term not exceeding two years afterfuchiwo^rsafw fales; and it fhall be the duty of the faid inferior court to refund to the faid owner thes= l6'

the amount fales of fuch eftray or eftrays, after deducting all legal coft and charges

therefrom.



".

212 uS"ns

-

EVIDENCES,

5- And be it further entitled, That fo much of the aft entitled " An aft concern ing eftrays, and for improving the breed of horfes," as is repugnant to this aft, {hall be and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives. ROBERT WALTON, Prefident of the Senate. Affented to February 15, 1799. JAMES JACKSON, Governor.

EVIDENCES.

An act for pointing out the method of compelling perfons reading in this Jlate, to give evidence in cafes pending in another.

"HEREAS much inconvenience has arifen to individuals from no compul-

fory proccfs having been adopted in the different ftates, to oblige the citi

zens or refidents thereof, to give evidence in fuits pending in other ftates; for remedy

whereof, as far as it might be occafioned by perfons refiding within the ftate of

dfngTn'fhu" Georgia, Be it enacted, That if the teftimony of any perfons refiding within the faid

fabietog"TM1" ftate fliall be required, in any fuit pending in any court of record in either of the

calTMmu"g United States, and he, me or they fliall refufe to appear before commiffioners appoint-

otiLikue. e^ to take |^s Qr her examination, under a commiffion properly iffued and authenti

cated agreeably to the laws and rules of the courts of the ftate from which it fliall be

fent, or appearing, fliall refufe to anfwer to fuch legal interrogatories as fliall be an

nexed to the faid commiffion, and exhibited to him, her or them, it fliall be lawful for

either of the faid commiffioners, or the party upon whofe application the faid com

miffion was iffued, to apply to any judge of the fuperior courts of this ftate, or juf-

ticeof the inferior court of the county within which fuch perfon whofe teftimony is

required may refide, and upon producing before him fuch commiffion, and his being

fatisfied of its regularity, and on affidavit being made of fuch refufal, he {hall iffue a

fubpcena in the ufual form, direQed to fuch perfon or perfons as aforefaid, requiring

him, her or them to be and appear before the faid commiffioners at a certain time and

place, to anfwer to fuch legal interrogatories as may betannexed to the faid commiffion,

Sroviro. and then exhibited to him : Provided, That he fliall not be required to attend fuch ex

amination, and give anfwers to the faid interrogatories, within Icfs than two days after

the fervice of the faid fubpoena, neither fhall he be obliged to attend for fuch examina

tion out of the county where he refides, nor more than ten miles from the place of his

refidence; and upon due fervice of the faid fubpcena upon fuch perfon or perfons,

the fame fliall be returned to the commiffioners on or before the time appointed for the

examination and the fervice of fuch fubpcena, proven by the return of the proper of

ficer; and on the refufal or negleft of fuch perfon or perfons to comply with its man

date, endorfed on or annexed to the faid fubpcena, and returned to the fuperior or

inferior court, as the cafe may require, of the county in which fuch perfon or per

fons refide, he, {he or they, fliall be fubjecl for fuch neglecl or refufal to all the pains

and penalties to which fuch perfon or perfons would have been fubjeft for a funilar

default in any cafes pending in the courts of this ftate.

fEenestitoltedwtiotntieissC9.,

2. ,A nd l>t it -f'.urther enafted.' That quired as aroreiaidj mall, if they or

the iperfon or any of them

pf erfons whofe evidence thai require the fame,

fhall be. tebe entitled

EXECUTORS AND ADMINISTRATORS.

2,13

to the fame fees or pay, asperfons fummoned to give evidence in the fuperior or infe

rior courts of this ftate.

*

THOMAS NAPIER, Speaker of- the Houfe of Reprefcntatives.

BENJAMIN TALIAFERRO, Prefdent of the Senate.

Concurred December 16, 1794. GEORGE MATHEWS, Governor.

ESTATES INTESTATE, EXECUTORS AND ADMINISTRATORS,
An att, to direct executors and adminiftrators, in the manner and method of returning inventories and accounts of their lejlators and enteftates eftates, and for allowing them and all other perfons who fliall or may be entntjled with the care and manage ment of minors and other cjlates, to charge commijfions thereon,
* \ A 7HEREAS, for preventing any fraudulent difpofition or embezzlement of preamb!*' V V the eftates of perfons deceafed, it is highly expedient that executors and a'd-
miniftrators mould be obliged to render true and perfect inventories and appraifeinents of the eftates and effecls of their teftators and inteftates corne to their hands and pofleffion; And whereas it is alfo fit and reafonable, that, as well executors and adminiftrators, as all guardians and truftees, {hall have an allowance for their trou ble and care in the management of the eftates committed to their truft; Therefore be fS;^rsaTMr^ it ena&ed, That from and after the paffing of this aft, all and every executor* and'lu;irau^adminiftrator who {hall, before the ordinary of this province for the time being, or. fuch perfon as he {hall depute or appoint, qualify him, her or themfelves, for the adminiftration of the eftate and effecls of his, her or their teftator or inteftate, fhall, upon oath, be bound to produce and fhew to the appraifers that {hall be appointed by the ordinary for that purpofe, or any three or more of them, all and fmgular the goods and chattels of his, her or their teftator or inteftate, as have or {hall come into his, her or their, or either of their hands, pofTeifion or knowledge, and within fixty days after fuch his, her or their qualification, mall caufe to be made a true and juft appraifement, upon oath, of all and fmgular the goods and chattels aforefaid, and exhibit, or caufe to be exhibited, the faid appraifement, certified under the hands of .any three or more of the appraifers aforefaid, within four t months after fuch his, her or their qualification, together with a full and perfeft inventory of .all and angular the rights and credits of the faid teftator or inteftate, whether the fame be in ready money, judgments, bonds, or other fpecialties, or notes of hand, together with a lift oi fchedule of the books of account of fuch teftator, to which books all parties concerned fliall, upon requeft, and at convenient times, have free accefs; and every fuch executor and adminiftrator {hall be, and they are hereby made chargeable with Kit/,111,?a" the real value of the goods and chattels in the faid inventory contained, and with fo gom^'Sat' much of the credits only as he, me or they, after due care and proper diligence, fhallSi!nvento" recover and receive, in like manner as executors and adrniniftrators are made charge able by the common and ftatute law of England.
2. And be it further enatted, That no.letters teftamentary, or of adrniniftration, fhall S^tr^' be granted before the perfons applying for the fame do feverally and refpeaively take TM"wTMTM *"
* Executors compellable to give fecurity by aft of 1792, fet. 1, f Altered to three months by aft of 1792, fe&. *,

ay

EXECUTORS AND ADMINISTRATORS.

the following oath (mutatis mutandis): "You, A. B. (if executor) do fwear, that

you believe this to be the laft will of C. D. deceafed; or, you, yd. 23. (if an adminif-

trator*) do fwear, that C. D. deceafed, made no will, as far as you know and be

lieve, and that you will produce, to (hew and inform the appraisers that {hall be ap

pointed by the ordinary, all and fingular the goods and chattels of the laid C. D, de

ceafed, as already have or fhall, before the day of making the appraisement, come

into your hands, poiTeffion or knowledge, and that you will well and truly administer

all and Singular the goods, chattels, rights and credits of the Skid deceaSed, and pay

his debts and legacies, as tar as his eState will extend, and the law charge you; and

that you will make a true and perfect inventory of all the rights and credits of the

faid deceaSed, whether the Same be in ready money, judgments, bonds, or other Spe

cialties, or notes of hand, together with a lift or Schedule of the books of account

of Such teStator and inteState perSbn, and exhibit, orcaufetobe exhibited, the faid

inventory and Schedule, together with the appraiSement of the Said deccaSed's goods

and chattels, certined under the hands of three or more of the appraisers afbreSaid,

into the Secretary's office of this province, within the time prefcribed by law/'

:SS? g. J^ wAerm;, a cuStom hath prevailed among executors and administrators of

t^c%2%t taking eStates, or Some part thereof, at the appraiSement, when fuch appraifement

v%K'utmut hath often been under the real value; for prevention whereof Sbr the future, jB^ ;2

tmcvlinTM " gMa^e& That no executor or administrator fhall hereafter be permitted to take any

thereof.

..
eftate,

*
or

any

part

th. ereof_,

at th. e apprai.S..ement,

and. t.hat nor

appraiSement

to

/
be

made as aforefaid Shall be binding or concluSive,+ either upon the creditors, legatees*

next of kin, or other perfbn interested in Such eftate, or upon the executors or admi

nistrators, but all and every Such executor and administrator fhall be chargeable andac-

' countable for the true value of fuch eState, any practice to the contrary notwithstanding.

n 4- ^?z^ ^ ^/imAff a^f<J, That all intended fales of goods and chattels belong-

cai. -^ ^ teStators or inteftates, Shall be published in two or more public places in the

parifh where fuch effeclsare to be fold, and in the gazette, at IcaSt forty days before

the day of fuch intended Sale.

a.i*') 5* ^^^ ;Vyr/Aer gMg^eiJ, That in cafe any perSbn in the province fhall here-

m'"a&er happen by his will to appoint his debtor to be his executor, fuch appointment

ei-fhall not, in law or equity, beconftrued or deemed to be a releafe or extinguishment

"'"'of any debt due to the teStator, unleSs the teftator fhall in his will exprefsly declare his

intention to devile, bequeath, or releafe fuch debt, any law, uSage or cuStom^fb the

contrary notwithstanding.

se* 6. v4Md&^y?V/tgr(Ma^M, That no appraisers, that fhall hereafter be appointed

^ appraifeany teStator or ihteftate's goods and chattels, fhall enter upon that ofRce

before they fliall have taken the following oath, before one of his majefty's justices of

the peace of this province, who is hereby empowered to administer the fame: "You,

k. ^ ^. C. J). ^. F. do fwear, that you will make a juSt and true sppraifement of all and

fingular the goods and chattels (ready money only excepted) of C. #. deccafcd, as

fhall be produced by J. X.!the executor or administrator of the eState of the Said G. J7.

deceaSed, and that you will return the Same, certined under your hands, unto the Said

J. JL executor or administrator, within the time prefcribed by law."

y. ./4MiJ ^<? z^/r^r fMd^M, That every perfbn who fhall hereafter obtain letters

f administration from the ordinary of this province, fhall give bond ^ in the fecreta,.

* Admiui&rator's oath prefcribed by the 8th fe&. of the a& of 1792. -T See alfo zd feel, of the aA of 1792. $ Form of the bond prefcribed by the 8th fe6t. of the aAof

EXECUTORS AND ADMINISTRATORS..

115

ry's office, with Sufficient Security to' be approved of by the ordinary, according to the

Statute of the twenty-Second and twenty-third years of king Charles the fecond, for the

better fettling of inteftatcs cftates.

'

8 And be it further enalJted. That no letters' of adminiftration fliall hereafter be Letter, ordgraIJnted""b"y the oJrdina ry or, this 'provi.nce to any . per I,.on or peri,.ons wI-nomrloever, as m"fin^isstrTMation;.,,

principal creditor or creditors to any inteftate, but upon Special trait and confidence, and f^fjj^.

for the benefit, of all and Singular the reft of the creditors ; and that, all debts* of ann'cdito;,.

equal nature fhall be difcharged by fuch administrator or administrators in average, and ni,t, or %,i

_pr._o..p._o..r__t<ivo... n_ , a,, s,, .fr^a, r,, a,,s,, *thU e^ar,fffTVeitt-,V-, .o^.fr fthUe/z. iiini(t-er_-SifVt'ia<lfe^ f/Vht a^1l1l edXx71te-n> dA, a*\ n\-\dt\ t( h\~\a'.itl nn of\ ipf\rrpelf'fe^Yrfe^Tnnccfe* t n 3 1! np \ ^eeto nccis-

given among the creditors in equal degree; and that every fuch adminiftrator and adminii- 'S.bfc"

orators, Shall be obliged to fue for fuch debts which he or they may realbnably expect

to recover, or, at the requeft and proper charges of any of the creditors of theinteftate,

affign and -empower them, or any of them, to fue for ..the debts outstanding to the ef-

tate of fuch inteftate, any law, ufage or cuftom, to the contrary notwithstanding.

. g. And, That no creditor or creditors, to be appointed adminiftrator or adminiftra- ^ftaoi>edis.

tors in truft, as herein before mentioned, may retain, in his or their hands the monies |^^,^

he or they {hall receive by virtue of fuch administration, longer than neceSfary, Be it t^S^daip

further enatted, -That every fuch adminiftrator or adminiftrators, ihall within twelve oftlKilctteri-

months after the death of his or their inteftate, or after his or their obtaining adminif

tration thereon, make a dividend of the monies arifing from fuchinf.eftat.es' eitate, and

effects, to and among the feveral creditors in like proportion as aforementioned : and

in cafe fuch eftate and effects ihall not then be wholly divided, a fecond dividend there- dSe.Ttdodbe'"

of fliall be made within two years from the death of the inteftate, which fecond dividend years,mtw*

Ihall be final, unlefsany fuit mail be then depending, or any part of the inteltates' ef

tate Standing out, or unlels fome future eitate of the inteftate mall afterwards come to

the hands of fuch adminiftrator or adminiftrators, in which cafe he or they mall, as

foon as inay be, convert fuch future eftate into money, and ihall within three months

after, divide the: fames to which effect it Ihall be inferted in the condition of the bond

to be given as aforementioned, on obtaining letters of administration.

10. And be itfurther enabled, That every executor and adminiftrator who Ihall not, aSStJra

within the time afbrefaid,'or within fuch.further or other reafonable time as the ordinary <fyfm"dehe1'

fhall think fit to give, make and return into the fecretary's office afbrefaid, fuch inven- cxecmorMif.

tory and appraiiement as is herein before directed to be made and returned, and who "'iTMTM'1

fliall make -de-fault in mentioning or inferting therein all or any of the credits or effects

of his, her, or their teftator, or inteftate as'afbrefaid, which came into their hands to

be administered, every fuch executor or adminiftrator fhall be, and they, .and each of

them, are hereby made chargeable with and Subject to the payment of all and fingu

lar the faid teftators' and inteftates' debts, legacies, and beqtiefts, in the fame manner"as

executors of their own wrong are fubjected and made chargeable by the common or

Statute law of England.

11. And be ^farther enatted, That it -fhall and may be lawful to and for all and ^SSS

every executor and adminiftrator, guardian and truftee, for his, her, and their care, &'

trouble^and attendance, in the execution of their or either of their feveral duties and

trufts,"to take, receive, or retain, in his or their hands, a fum not exceeding fifty Shil-Twoa.ui.-m

lings for every hundred pounds which he, She or they, fhall hereafter receive, except ^"c"^

on the appraifed value of any eftate that Shall come into their hands ; and the like fum aAn<ia

of fifty millings for every hundred pounds which he, flie or they, Shall pay away in debts

* The .ioth fed. of .the ad of 1792 prefcribes the order in which debts fhall be paid.

i6

EXECUTORS AND ADMINISTRATORS.

legacies, or otherwife, (excepting alfo the delivering up any fuch eftate to theperfon or perfons entitled to the fame, during the courfe and continuation of their, or.either of their management or adminiftration,) and fo in proportion for any fum, lefs than proviso. one hundred pounds ; Provided neverthelefs, That no executors or adminiftrators, guardian, or truftee, fhall, where they have power fo to do, for his, her, or their trou ble, in letting out and lending any fum or fums of money upon intereft, and again re ceiving the monies fo lent and let out, be entitled to receive, take or retain any fum Ten per cent, exoceding the fum oF twenty fhillings for every ten pounds for all fums arifing by itaKon'money monies lent to intereft, fo to be by them received, and in like proportion for a larger If."'TM1!11' b7 or lefler fum: And provided alfo, That no executor, adrniniftrator, guardian or truf tee, who is or may be creditors of any teftator or inteftate, or to whom is or may be left or bequeathed any fum or fums of money, or other eftate or effects, fhall be enti tled to any reward or commiffions for the payment or retaining to themfelves any fuch debts or legacies, any law, ufage or cuftom to the contrary notwithstanding. Executors ami 12. But, as it may be very difficult to afcertain the proper and adequate allowance may'brlng.u't to be made in all cafes, and as the fums herein before allowed may not be fufficicnt 'cmirt'fKddf- compenfation for the care, trouble, and pains which executors, adminiftrators, ^ona coinm"''g Uarc[jar, Sj or truftees, may take in the management of their refpeCtive trulls, in fome particular cafes: Be it further enacted^ That if any executors, adminiftrators, guar dians or truftees, who fhall have had extraordinary trouble in the management of theeftates under their care, and {hall not be fatisfied with the fums herein before men tioned, fuch executors, adminiftrators, guardians, or truftees, fhall and may be at lib erty to bring an aQion in the general court of pleas for their fervices, and the -verdiQ; of the jury, and judgement of the court thereupon, fhall be final and conclufive in nycystaiinot fuch cafes; Provided always, that no verdict fhall be given for more than fifty fliila"hslfTern4 U11SS Per cell t. over and above the fums allowed by this at. Snn-Titaions 1 3- And be it farther enaftcd, That the commiflions given by this aft {hall be diviImong'tiiem ded amongft executors, adminiftrators, guardians and truftees, according to the Sse^i'ra. proportion of the fervices by them refpectively performed, to be rated and fettled by the chief juftice and two of the juftices of the general court of pleas, in cafe the executors, adminiftrators, guardians and truftees cannot agree amongft themfelves concerning the fame. poutinuation. 14. And be it farther enacted by the authority aforefaid, That this aft fhall be and continue in force for the term of feven years, and from thence to the end of the next feffion of Aflembly, and no longer.*
By order of the Commons Houfe, LEWIS JOHNSON, Speaker.
By order of the Upper Houfe, JAMES HABERSHAM, -prefident.
Council Chamber--A {Tented to 2gth February, 1764. JAMES WRIGHT.
* Continued by a&of 1773) and by the other reviving a&s down to 1784.

An ciB to carry into effeft the fixthfeftion ofthefourth article ofthe conjlitution^ touching the, dijlribuiion* oj inteftate eftates t direding the manner ofgranting letters of adminletters tejlamentary^ (tnd marriage hcenfes,
i. I^E IT ENACTED by the Senate and Houfe of Rcprefenlatives of the ftate of Georgia in General AJfeinbly met, That the true conftruclion of 'the fixth * See aft of j 799, pointing out the mode of compelling cjiftribution,

EXECUTORS AND ADMPNISTKA'tORSv

fcftion of.the fourth article ;bf the conftitudon,! fhall' and is hereby declared to be as fc,stmataM*

follows': J When any peribn holding real arid pef^alefta'r.eV^ialfd^^ t ate ; and without- will,, the laid e'flate, real and ! p eribnal, ' ill all' be' cbnfideed l a's alto-'rfti-e consti.

getlier of!die: fame nature, and upon1 the fame'footing;' fo that m'-fcafe of there being.a^'^Tor

widow and children, or chjld, they fliall dr^w ;eq"ifaT-ftiaVesiherc^

fhall prefer he;r' dower ; in which event fhe fhali- haye :!nb! thing : further out of ; i.he|^^f

rea'l.eftate than : fuch dowel-; but fllalPneverthelefs- receive hfcf'proportionable part or diSiSn.'*

fhare'out of theperfonal.eftate.. In cafe any of the children ihalHiave died before th_e|ij^e^ inteftate, their lineal'tlefcendants fliall ft,arid : in' their- place' arid ;ftead ' in cafe of their s^i,jot?

being a widow, and rm;child : br'children;, 'of1 'legal', reprefenfauves 'of children-, 1 'then j>^ IsA ,

the widow 'fha!l< ; draW :L a pbiety%f the' e'jtat'e', a;hd; th^ other 'rrfbiety fhall go to t'ne TM;!|^^.

ripxVof kin in''equal degree -and their' reprelentdtiVe's//' !; l'f; ri6' ; \liiUbw; i 'th;ewhoie fliall ^^^

go'to.the"child or children.,'"",If neither ,wido\y, child,' or chjldrehv the ;\Vhple'fliall t?ntjiei'iextof

be diftribute'd "among the' next of kin' in equal degree, arid their feprefentatiye's; but ^"f^LT."

no reprefentatiyes fhall be, admitted 1 among'collaterals, further thaff the child or ehil-^^Mea0^

dreh of the inteftate's brothers'and fifters. If the,' father br mother be alive,- and aTMS>miu3!

dhild dies .inteftate, and'Witho,ui;i{fue, 1'uch father (oV the rno'ther,'in c'afe the father be uves0"'""

deacjj and nbt otherwife) fhaUxome in on the'(arhe footing, as a brother or fifferwbuld

do. ' The next pf kin fhall be irive'ftigated' by : the following' rules of con ^an guni 'ty5S^uinucy.''='

that is tb fay;'children11 fliall'be rieareft | p'aren.ts-,'brothers' and fifters fli all be-equal in :

refpeft to diftribution',v 'and coufins flialj' be next to them': The; half blood fh-'all be "^]SSuui)*,

abdlomokdt.e.'d'U'"o ad""ift;-riJb/ut'j"p"'-iii' 'f'li"a'i'-'e"b'f'-th:- ^'ri''skl'^- ^^'^>^': .',' i-:-" ! i; ; ;ii

.-,. , : .-.,:. -!:'--.---.!;-.- i r/ .> -. | , ;

2.. And be itjurther evatted, That the fame rules fhall obtain i:ri regard'to ; the ^""1^01^1

granting letters''of adminiftratiori 'on inteftate eftates, as are before mentioned for /o^ministrai

the diftributioh thereof: and fhould any cafe arife, which is not exprefsly pro

vided for by this at, refpefcling inteftate eftates, the fame fhall'be Veft'rre'd to and

determined by the common law of this land, as it hath flood fince the firft fettlement

of this ref,,pec^t

fttoateiru, cen,xcde.i.p^littnb.o. untlryJo. ,.n:tahsat.|b-ree,inagl'apnrdecu^peelryfo.onnaltehfetatfeamfehalflooatliwnagy/ s;

be confidered in' esc i* And in cafo of stTMcrmreua^rndagcsfs .

intermarriage, fince the twenty-fecond day.of February, one thoufand feven hundred ^etlTMtii'TMt

and, eighty-five, the real eftate belonging to the wife fhall become vefled in, and pafs^a'; the ll>>(-

to the hufbaridiln the fame manner as perfonal property 'doth; and in cafe of the

death of the hufbartd thereafter^ inteftate and without will, the^faid eftate fliall defcend

oW

'aiid ;be:come fubjeQ,t6 diftribution, in the fame manner as'perfohal property. .

^SlP*

Q, : 'Ahd'b'e itjurthefenaSttdbythe authority 'ajo-yefaid,- That all letters of adminiftra-lerTifiiE-ni*.

don fliall be granted, letters teftameritary.ifrued byvarid the proving of -wills, be-before,^fp"""

.the.tegifter'* of probates of the county-and where^applicatibnsvare :made; for -letters of \ ": .

0dminiftration,vth'eTegifter,fhall give: thirty days' notice thereof in fome public gazette,

,aM;by; advertifementatthe'c()Urt-houfe-in each county, before fuch letters fhall be

granted-: But fuch regifter fliall ormay-at'his idifcretion, grant letters to colleft, and ^C-

itake ; ca?e.j 'of-'the eftate and efTec^s 'of theideceafed, as well:during thethirty days* as

:peridingSany^fuit touGhirigithe right^bf granting^fuch'adminiftnatiori/or otherwife, as

the' oce'afion raalbrequire, takingj good'and fafficieMtsieourity frornatie^^ perfon or'per- .< . f-.-.. -

foris-to; whom he;fhall grahtfLith'temp'O'raKy : lettefs. fl - :' , ,:: , -..

"" 4\ : 'Ahd b'e"itjurmcr- wMffied by the1 aiMhor'i'ty- itfvr-efaid, i-TJiat'.the.iu'dge-or jj-udges of

the fuperior ?cou fhall ^bes ^and they are Hereby authorized arid empowered t

ai8

;X*EG-UTO'RS,- AND, ADMINISTRATORS.

cognizance of, to hear and determine all controverfies nefpefting the proving of

, wills .and teftajments, the .granting letters teliaraentary* and letters of adrniniuration;

\ Vand that in, all cafes .wh.er^ih a caveat has. been before entered, and is yet undetermin-

sSup'aTci- ed, or wherein ;a caveat may .hereaftei' be entered,, to prevent the proving of a will,

sc^OTcomi!11" grapting letters .testamentary,, or letters ofcidm^niltratipn, the; register of probates Ihall,

twenty, days before the H;i;if meeting, p.f the fuperior court of each county, make up

the record of all proofs,,-and allegations touching the matter in difputc before him,

and lay the fame before the judge or judges of the fuperior court, who, after hearing

the parties, an,d conndenng.tlie; proofs exhibited? or to be exhibited, mail proceed to

', .determine on fuel) .cayeat, agreeably to the, rules and princjpies of law and; equity.

oSyto''e . tj. : And- he it furihtr eaaSied,,; That ^herc; the. regifter. of .probates applies for letters

iTto"wjr.--bf adiiiijjJltratioiv.or/lettersaeftamen^ary, the fame-fhall, in .fu.ch cafe only,, be granted

B'!'":r" by the clerk of the county,, under the regulations herein cojotained: Provided al-.

way^ That a reco rd of fuch proceedings fliall neverthelefs.be made in the office of'

fuch r,egi(ler after the proceedings are cprnpleted.

,.-

**sumwr(an e" 6.;.And.'be itjurtker enatted,' That U)e regijlftr of probates in each coun.ty,,fhall,

iic'Sr'" 8 grant;marriage licenies to any ij-finifter.of the.gofpel, or juftice of. the peace, to join

perfpn,s,of lawful age,; and authorized by.the leyitical,degrees, tq.be joined tcigethcr.

?ubusi(Srbf! in .the holy Rate of .inatrimpny;, aiiid where fuch perfons, intending to marry ^ ihall,

hajVe the barms of I he marriage, pjubliflied three tim^s. in Tonic public place of worfliip,

it (hall be law.ful for, fuch minHter or juftice, t.pitTiarry the perions fo jpublifhed albre-

^fnK!\hTMttro- {'aid ; and any perfpns marrying without,fuch lic,enfe or publication, the perfpn, ma.r-

fcuovneeimnf-r'ryintj them fliall forfeit one hundred pounds,- to be recovered for the ufe of the aca-

athreedupoeu:n<d,*fttote.,.demy.otp thi e county.. ' , ; ....,.-..

.....

-'. ''. ,

'K3''emy' .'"' '",,,' '..' ' SEABORN, [ONES', Sf^er of. the Houfe'.of RefreftnMves,

: '. NATJiAN BROWNSpN, Pvefident '"' "'

!

C, ; oEncQuWrreAd-' RDDcevt"nblie-r "2"3","-1''783.

A''n'&$'to- 'eiuthori^e,-6md

crapsmer executor-i


and.'a.dm'in'ijlvato.rs*

ta^nake'

titles '

to

l&u.&.i'ft
'

E IT ENfACT ED ^_y, ike, Se re.au; qnd. Houje, of Reflrefenfatiytji. of- the fiq{$ of

; Geai-gram General 'AJf'fftnb.iyfatf, and it: isjiereky^nafled ly.l,]i^Q\dlio{rti-y$/,tk

Tbat .where it'fhailiiElearly a:nd, i indifpi}taihly aippear, that,^ny: per:fo o,r p.^rfons

i ba$h, or, have entereel^ inxo^ny/feond, pbligat;iqn,. of x

hy"lthey-.w^reibaund ;t0f,oaake.itSitks'.t^jaj>y. llairdsi,: tenements o.r hereditaments,, and

r::df]e without; baviag .performed: the Jame,, or makingiprovifipn; thereof by, will^ the,

it compiling foil or .perfons. to whom fuch bond, obligation or other agreement in writing 3s; afpre-

owiIiceiS8' faid w:as. given, fliall petition the courtiof ordinary, in w,l>jc,hths ; eixecMt.Qrs p? adtaj-

couit0o"ordi- niftratorls refide^andi annex a,cop,y:of fuclvbundrjobligauOn, or, other; agreenient there

to, praying the ;tour.t; toidiregl t;hc;exe.QUtprs.;!Qf foc.b ieftator, or admipiftratur o/,fu,ch

inteftate, to> aijakejiit-itlfis. forirthe land^i teaeirjejits or

who .in.pub-,laid bond, obligation^ of iQtKeri asgrjeement ;,:wliereupyrt t

" three months' notice, in onepf the. public, gaae^tes, arid; iJ

ty, of ttich;appliciat!QnS'jiajid,fch,at1 the e,x.cutors\or^.aidminiftiifttGrs^will^e;date,^ed, a;t the

court.to be heldiat ithe; next term? to ;mftke: .titles agreeably to fueh bond.* ,b;lsgaupn

agreeinept-; ^i74t.ifc!li l) ;Rt!J^-l0Arll? a'!;fe

' l ui

and may be lawful for the executors of fuch tellator, or the adminiurators of fuch

i^fiCUTOfeS AMI)
teftale, Upon ^.plication made to him.or therri for ,that purpo'fe; and upon its being made known to' hb> ller/flr their ftuisfa6tioh y that the eoritraS; hath been carried fairly into'effect,''oh' the part of 'the.peffon 'or'p:e'rfoi!s :tO whom fuch bond, obligation or o.tlier agreement in 'writing \vasiiiadey of 'their legal reprefentaiiVes^ and, the amount
tb make and execute'titles in fee firnple for luch lands or tenementSj arid lull)' andiwe^ofi* coniplc'tely perfdrrrt the cbritriacl and agreement of 'the deceafed,, as pei-'fcQ.ly and e|- m^ionoKte fectually, to all,intents and purpofes, as the party having.made tlie fa'id cqntrHQ1 might oircould hhve\cione;when;in fife, aiiy jaw to thecbhtrary ttcytwithfo'ndingi Pr^ided^^^' always 'neverlliekf^ dnH 'bflt^-th&r^ndBe^ That If any oT cfte heirs .br legal ffc.pr?-;"rl^yhi. fcntativ.es/6f the. deceafedj fh'all oppofe' of ditient to t'he fnakirig of 'luch titles by 'the executor or adminiltratof, fuch executor or adniiiiifti;alor 'ihkll withhold aiid^orbeaf to make'Tuc^ title or titles, unfira luit fliaH'be: ihiliti/fed^ajjkinA; him:0f therii^ and a Vci'diB: o'f -a j'dry^ or judgment of the cdurt, '^hail pafs agaihiit hitn T6r jlia't puf pbfe.
".'2>: ',A:n({. 'be it farther'fnd'Sed^.VTliat if ;(fi^-ll .'be the'diity of\iticn fexetutof; cSr'e'xecii- Be,iptiofi -of tors, "a'drn.iniliratof or" admin iuratbr.Sj ill all .cafe's where titles'to'lands are made' in theiZamiit v-- ii r ~t- u'e, ':o'f.'f^-, :thi .i..s; . ai cot;s' ' tio:.< m.''a!ke '.'a-; f*>aCii r I'rta'it-dJ ,-i*ii ie-.n.-t' t; hi .;er- *e'o- ir. die'-i'rcr; i'b"i a>nf''i' ' tihi e'',; Jlb' bf :un a(_!'a ne?'s.'.:a'n. dj 'lciieb^iffcc'st,i6ififiiGt!ii.e,<\f f/,i't.t;i.at-'i..on;.<o:~f^.>th, e, '>l.'a.'.-n. dft, ,an^ d^ r.e'itarn-: t'.h't'.e.\ jtiam\ Jej!j. -to,"/g< e:'tVh, er" w.- i''ti^h t.h! e" 'b.i biidi, o' 'bi; il;-i-g' a; tio. n o-r oti\h--er l'lie'Ridcotut. agreement iri writing^ wlifeh'rhay have beeri"ta-keri up upbn makihg"fucl'V'ti'tte'syto't'ht*"'.'."'..'". "' couiirtoOt'aifl-l^rpd'ei^nidfdry'n,s'ith.ot-eibreef|fei.ldeidr in' - t' he crle'r"k's("off:ic'e.''of ' .t'h; a"t e.6, urVt,j: ' .fu'"bv j"tf't"t'o' the inf' pec-
v , ,,., 0 .DR'ApVr^D.i^l^t; :M ^^l W L.fctttJ)B^^l:^--^; 3;ppe$^K^r:tfW-:t?oifi',o-"f.;'
AfFented tb

t 'B<:i /d iJflrJ'jV info tfitt ihk/>xthje8ion of the .third dhl'cfa of khe UliJHtutibh, tinll ft
amend 'an aft, entitled " An act to cdrry into cffcti the./ixth fc&ion of Me.fourth ar~
We tf, fa ton/tittition}" touching the, diftribution of.lntefldte tflaU^ (lire&ing the. ^Mn^-bf-'^r'ahiirl^Meh'^fM^in^rdm^ 'Utters tejidffKnPa.ry^ &n& nfarnage li'ccnfes, and to p'rtvent tntaily, : ' ".. ; .-'...

^.Q^^fi^-'^'fy'^

of -''"'

,- ;.,-.,. &&?&?$..ty. Gentfal^JJimblj'^et'^n^ Authority 'of th'efdlhe it is^iertby

matted, That from and a'ftef the paftifig of -this atl;|, die^ friferidr courtiin eaVh couh-W,.--i-a--i-oin, At

^ ^m:^^!1?^1'11611611 ^ authority tb hear arid detcrmhie all caules^matters,' fiiitsSt-hieScSouvrt!o's

.Uiid cdn|ro^erfie^ feftameiitary, which fliall bfe; bf'duglit befbfe themV tbuthing the

n^hP rif wtllc. *A nH,!n ?atiiirfc gM.^If^tjlie^

'

oh, aH"d fliall hear arid'

dying

- ,, clerk o['the coiirf of arditiary.'to Ue a'arrfimitered'B^ krie of 't

220

EXECUTORS AND ADMINISTRATORS.

Applications 2. And be itfurther enabled, _ That all applications for letters of adiuiniftration (half admfni?ffa?fon be made to the clerk of fuch ordinary, 'who'fliall give notice thereof in One of. the t^i'eStwho public gazettes of this ftate, and by"advertisement at the cpurt-houfe of fuch county,, ticetifcreo"?" at leaft thirty ;days before the fitting of the faid court of ordinary;, and fuch clerk ^ii'"?2n"B may at n ^ difcretion .grant .letters .to cpllecl and.take care, of the eftecls pf' the deceafak m^y ed, until the, meeting'of t fuch court; ,and', ;the faid c6ui;f.'ihall alfo grant fuch letters in. y letters, ajl cafes where there fhall be an appeal from thedetermination"thereof to the fupefior
court, and in either cafe, the .perfon pbtai.ning fuch temporary letters of adminittration, fliall give bond and fecurity for the faithful performance of thetruft repp fed' in fuch perfon or perfons. . ", /' ' , . ;_'... ' ' . ' r' . ' ' ."..,.'

iTcenSrd^c- : ,3.-'; ^ n<^ Afi-. ^jiirl^r enafied, .That .die clerk's of the .courts,/or' ordinary,",in the feluige.jSice- veral counties, fliall grant marriage licenfes, 'direaed to any judge, juftice of the inh"g"s'pdrof ferior courto: ju.ftjce of the peace, or mihifterof the gofpel,, to join perfons of law
ful age, and authorized by the Levitical degrees'to be joined together in matrimony; orhannsmay and where fuch perfons intending to marry fhall have the banns of marriage nublifhte published. ed t.'h. r.ee ti.me,s' i.nripme. p, ub, lic plaOce pt wpnnliip, it inna'.1,l1l lbe llawfruli tror Irnchi '&judige, jui<--
tice of the inferior court, juftice of the peacer or minifter of' the gofpel,,being duly Vivejiiiridrcd certified therepfj to marry the perfons whole banns .havebeen fo publifhed; and any .'tur'eforw'" perfon. marrying any couple without fucn licehfe, or publication of fuch banns, fhall ' :$ecoBpiteJTMwiy forfeit lye hundred dollars, to be recovered fot the ufe of the academy ,'of'the county,

pblimedatOs^thteeaUSpB'- b: yJ fra, ftio' ii o'fn.'d:,:ebt,in';."a"n/y.'c"ou'r'-t-"havi.n,-g0 ;co..CgJn iz.an, ce, .t..h.e. r-.eot .f,f, ,!i-n,., t h, e, .n..:a".m. e. .of>.-th,...e -c,; o-m ,!

n))eacademy.nniiioners.of iuch academy. ' ...

. ,_ , .

cierk'sfecs. "^'. And beitfurthcr enabled, That the fees of the clerk of the -court of prdinary {hall be the fa.me as the fees heretpfore.a.llow.ed to re,giftersof probates. :
states not to 5- Afi'd be it further enacted, ; That'eflates'fliall not be entailed. : ,..,';'.'" Re^afing11' 6. And be it further enaSed, That fo much of the' laid recited aft'as comes withiti cla"se' the purview of this, fhall be, and the fame is hereby repealed. >
DAVID MERIWETHER, Speaker of the- 'Houfe.o/>Rep.refentativcs. ROBERT WALTON, Prefident of the Senate. AfTented to February 16,1799.

JAMES JACKSON, Governor.

An aft, to. It.enliihd ail aSl to.proieft. ihe"ejla(es of orphans, and to male permanent

provifion for the poor. . .

.

:

?rcambie. \7f ./"HEREAS there is no lav/ in thisf ft.ate which fufficiently points out the manne?

= W .in^which the, eftates^ of deceafed perfons; {hall be afcertaihcd, and thejHijity of

executors, and adminiflrators prefcribed, wlieireby orphans and others are injured in

, ; ,tl)eir jutt rights: for remedy whereof, , .'"''..'.. . :

;

Executors an*,' ; ' i'.. Be. if, enatied by the Senate and Houfe of Reprefentatives oftfyejldte of Georgia, in

toTcJounfS- .General A'ffemblv"met.: That every executor and adminiftrator. fhall annually,, whilft mmuislltyerwith th,e, ;(t^h'e: 'efnta' te ihffa-,'lili'j-;^e'm''' ai n in'*'.'h, i:s > pr/-; Vth'VefJjr.vc,arej. O".r':.c.1u'.f,.t.odj>y.,..-Io.'.n" t;.h'e h;,:rint>d'ja' y: oVf '.;.TJa'n..u-a'ry, or

: ! wi^iin^ ten.^a^.ithereaf^e'r, 'risn^

,they obtain,ed'prpbates qf, w.ill, '6;r,letters,of a.dtn;ini'(l'ratipnj 'a jutt andl'fue a.ccbunt}

uponoath, ; ypipri, toath, pf'. the receipts' .aiide^p|enditur^spf^fucli,e^a^^

year, which,

accounts to be -wjhe.8 eTcain'ined arid approved, fhall be depofited with the inyen tory and appraifement,

rp^Eefs,belonging,,to^J

for the

EXECUTORS AND ADMINISTRATORS.

221

infpeQion of fuch perfons as may be interefted in the faid eftate; and that no charge

'{hall' Be made fpr fuch fearch and infpeftioh by perfons interefted; and if any.exe- gf'^.sj

cutor or adminiftrator fhall 'neglect to render fuch annual accounts, he (hall'not beTMTM _&-"

entitled to any eommiflions for his,trouble in the management of the faid eftate, and

(hall moreover be liable to be fued for damages'by any perfon or perfons interefted in

the faid eftate; and in/all cafes wherein .probate of will or letters of adminiftration

have been at ahy time heretofore obtained, and letters difmiftory have not been had

thereupon, every fuch executor or adminiftrator mall, within twelve months after

the paffin.g of this aft, render into"the regifter of probates' office, in the county where

in the faid probate of will or.letters of adminiftration had been obtained, a juft ana"

true account,'upon oath, ,of! the receipt's'and expenditures of fuch eftate for the time

he pr'tjliey iiath .or have had the charge, care or cuftody of the fame, and in'cafe-fuch

executors of adminiftrators. {hall neglecl to render fuch accounts fairly ftated, toge

ther with a copy of the feveral vouchers ; to eftablifh fuch accounts, fuch executor

or adrniniftrafor fhall not be entitled to any eommiflions for his trouble ia the ma

nagement of fuch eftate, and fliall moreover be liable to be fued for damages by any

.p'erfon-pi- perfons interefted in. the faid eftate; and in fuch Several cafes pf neglect the

'charge'of cbmmiffibhs fhall noVbe' admitted in' any court of record in this ftate: And

in caies wHere any perfon fhall die feftate, and appoint an executor or executors to

bis will, againft1 which executor or executors'there fhall be any charge of neglect or

,mal^pra6lice,' by any devifee, legatee or creditor, that the fuperior court fhall hear

and determine fuch charge and complaints and if the judge of fuch court {hall deter-superior court

mine in favor of the application, then and in fuch cafe the judge of th6 court fhall or- ^*tc0rTM^'-

der'and direc;l "that the executor fp complained1 of, fhall give fecurity, in the difcretion EWsecurity.

of die'court, for the faithfid'executiori of 'the truft. ,

,

' " 2. 'An& be iifurther'matted, by the authority aforefaid, ! That when, any will fliall be Estates to tie in-

proved, or application is made for adminiftration for any perfon dying inteftate, the Ivpraisedhi"11

regifter fliall direQ; the executors or adminiftrators, to make but ah exaft inventory of ireemo'1 1Sl

the perfonal eftate of the deceafed, and {hall appoint three Or more refpeftable free

holders,, who fhall appraife -the fame .on oa^h, "which inventory and appraifement fhall

be returned witMift^ three'months intp the regifter's oifice; and 1 every^ appraifement Appraisement

rnade as a'fbvefaid, may /be given in evidence in ;any aQipn< againft fuch executors or |^J"'

adminiftrators, to prpVe' the value :o-f the eftate, but mall not-be conclufive, if itTM'u=-" "

mall appear bn the trial of the .claufe that .the eftate was really worth or bonajide. ibid

for rriore br l^fs than fuch appraiferrieht,',"

:':";:';:;; '

.

will .fliall be p:rbVed,; ){hall c>n'applicatipri, = 'griri.yletters of^adminiftvation with the will

aiinexed, to fufch perfon or perfons. a's'wbuld hkve been ; endtled thereto, if the deceaf-

^ed'haddiediMeftate/' ;Aqd'if ; art)/'perfi5n fliall ^i'e'irtteftat^ithe regifter of the coun- --..

;ty ^'herein tjt^ wpl of fuch perfbnr (h;ad: heor:;fheleft one) wou!d<have been proved,

%^ .S'^^V1^^^ ^f; ^"^"'ftrjatip'n^

'<:'4^ ^tid'Ve'-ti'fih-iher ?aff^' :lThati^.ahy'p'(3r(bri'ha^ifv-gin-pQ{leffion.:the: will of aP^stoaill .

;,aeceafeB ^erlbnj-rfia'lltieglea'tb ,prbdqBe theJfarne'to *fe:proved, (upon, apblicatibri to S^Sii1^

the ftiperibr' c;purt of the;c6uy'her^fuch %iM Ought tb^be proTCd,,prbeefs Kfo^TMTMTM'

contempt ffiall iffue, arid the perfon mail be fined and' imprifoned until the will fhall

" be dehve;re:d.

<-;... -. \^^-. \ :-_ ' ., >. ..f. >,--

-,-

-.

222

fcXttCUTOfcS AND ADMINlStiiATCRS.

An oiahth to hi 5. And be it further cna&td. That every executor Or adminiftrator, with the wil'l

;mui annexed, at the time of proving ihe will) Or granting adminiftration, (hall take the

win following oath; - .

' _

:<,.,

" I do fplemnly fwear, that this .\vriting contains the true latt. will of: the within

named A. B. deceafed, fo far "as I.kno'w or believe;, and that I will well and truly

execute the iamej by paying, firit the debtsj and then the legacies contained in the iaid

Avill, as far as his goods and chattels will thereunto extend, and the law charge me;

and that I will make a true and perfect inventory of all fuch goods and chattels.

So help me God.*'

tutor to i^ivii lioml and sucu- ,ali<J

|Vnithe O f -whJth

is fuch, that "if the above bound C. D, admirnnrator (with the will annexed) of the

goods^ chattels and .Credits of E^ F. deceafed, do make,, or caufeto.be made, a true

a-nd perfecf inv'entoiy of aM and Singular the .goods, chattels and credits of the iaid

deceafed^ which have :or (hall come to the hands, .or poiFeffion, or knowledge of the

faid C. D. Pi" into the potleffian of iiiiy other perfon for him; and the fame fp made <,

.do exhibit to the fu-perior court of the County^ or to the regiftef of .pf'bbates thereof)

t fuch tiitie as h-6..{hall be thereunto required by the fajd court of reg'iter, and the

farrie goods, chattels and Credits do weliand truly adminifter ac'cording to law, and

IBake a jtflt and tr'ue account of his actings and doings^ when by law Required; and

further do well and truly pay and delivet all the legacies contained and fpecifi'ed in the

laid willj -as far as the faid^goods, chattels and .credits will .extend, or'-the law;'require?

awn) ma,ie then this obligation to be' voidj clfe'rto remain in full force.-" Which bond fhall.be

'SS"ll-u.cl''tik'd-e^payable t;o,:the r'egi'fter.of. prdbitte^ for the .county$, and.his fucce!ForsJ;n oflicej

ciS'^ofiicd 1^ ail(^ recorded in lb cleYk's office of the fuperior court, and may be filed for from time

to time by any ;perfon injured by the breath thereof, un'til the whole penalty be reco^

vered, and 'divmage fuftainedj bein-g aifiiffed oh fueh fuit by the vei~di6t of a jury^

may be levied by eMcution:5 attd,paid to the party for whorfi they were,affetFed. ',

Arfmim'jtrawrt.- ^.: Every adiuiniftr-ator when letters .iii'e granted to hituf Ikkll take the following

... oath or amrmationyas the :cafe..-may be^befGre .the, regiftef'of(probates ; ss I :do folemn-

:3y fwear o'r affirra, that A. J. decfeafed^ di,ed Without any.will,.as far as I 'know or be

lieve, and that I will well -and truly adminittef pn till and ifin'gular the goods and chat

tels, rights and credits of the faid deceaffed^ andpay all hisjtiil; debts, as far as the fame

tvill extend-^ and the laHv requires rile ; M-fid that I *ill make a true and perfect inyen-

.;;.-' .;;', ' tory of all and fihig.iJil^E the ..goods ,a-hd chattels, rights and ereditsj -and a jufl returii

, j,' Ithdreofj wfeen fchifce't!ii>t-pj riequired^^-. So hKl,p iiie Qod;",.

. :J ".-.,-

t ... . ,

sy>RiJ-diotii :; 8- Arid iuch- admihiftr;arpr feajl ja-jfo enter into, bond.tyith good fec.urity^ to be ap-

ai-.!! security. ^QJfjfeti \jj I^Q Tegifter, te-a, fute equal to the full value of-the eflate,'with a fcb'ndition

Form ofthc ibllOwiiigi to wit;> u The conditaoa-af the afecive obligatiori is fuch^ that if the above

bound A. M. adminifter to1 the -goods J: ,jfchattels ,afld er.edits of C, D. deceafed,, dp

make a trub dnd -pferfeQ: inyeMo-ry,of,ail and ii,ngular; the gpods,jphattels^ aird credits

ofothe laid deceafedj which haVeiOlr ,.fh-all cprrie: to the>hands, po{fe{iion or knowledgd

of the {aid A. -B.:Qr ihtP tkebfinds. or ;poIFe{I^pflt pf ^.riy, o-ther :perfdn of ^perfons fpr

,Mm ; andthe fam>e?fe madefdp exhibit hito' the,faideP,y.rt of -^~~--^~, when ne fila"

be thereanto required ; and fueb igoods, tliattels and credttSj do well and tr'uly ad-

minirter according to law, and do make a juft and trufe account of his actings and do

ings thereon, when required by the fuperior court or regifter of probates for the eoun-

ty. And all the reft of the goods, chattels and credits^ which ihall be found remairt-

EXECUTORS AND ADMINISTRATORS.

223

5 U po,n the account of the faid adminiftration, the fame being firft allowed by the

fai'd court, (ball deliver and pay to fuch perfons 'refpeclively, as are entitled to the

fame bylaw. Arid if it fhall hereafter appear, that any laft will and teftament, was

made by. the faid deceafed, and the fame be proved before the court, and- the execu

tors obtain a certificate of the probate thereof, and the faid A. B. do in fueh cafe, if

required, render and deliver up the faid letters of adminiff ration, then this obligation

to; be void, elfe remain in full force." Which bond fhall be made payable to the re- SC>S^

gifter of probates, for the county in which the fame ihall ,be given, an-d to his fiic- Uke manncv-

ceffprs in office, and recorded in the clerk's office of the fuperior court, and may be

fued in like manner as is prefcribed in the preceding claufe of this a&, in the cafe

of bonds given, by executors with the will annexed ; and in cafe the regilter fh-all fail t'^S;,st"

to take borid with' fuflEicient fecurity <as aforefaid, fu.ch regifter fhall be liable to be^S^,/

fued for all the damages anting from fuch negleft, by any perfbn or perfons interefted S.'^let<i

in the efta'tc. If the Sureties for adminiftrators conceive thenrfelves in danger 'of being sccuritieof,d. i.n: j.ii' red'" Ib' y" >ff,uch* i ff>u' re' tyirht ip, tht ey may petition thi e fr-uperi or court orr* thi e county w 1herei'n minianysbtrcarteo-rs

they'ftaad bound, for relief ; which court fhall fummpn the adminirtrator to appear, ievl"'

a'nd thereupon make .fuch order or decree as fhafl be Tiifficient to give relief to the

petitioner. "./.- ' , '' , " :. ' "''" . : ' ' ''. . : ' .-' - '' :

9. 'That, if- a,n,y \vtidow, after having obtained letters of adminiflratjon, mall marry Letter or

again, it fh all be in the difcretibn of the judge of the fuperior court, to revoke the ^".'SnTM

ai.'nd"mt'Vhi"e'n.' i.f'a, tdr, an: tji;mon,fri.t.rt'!o^'tJ i'h,oi"einr'\/g?v?r:i.at;nn: -tehi de,r,. or. -rjo i. n oc ne' o "r.."m< ore o'f. the ne. x' t of kin to the in.' teft, a.te, .ohjort.nnremcdswattruounttkh'sm,n.*.

' 'io.'.'t'he'debfs diie bv any teff^tdr or ihteftate1, fhairbe paid by executors or'atlmi-n^^wiwi

^ '' I ' "i f ' f ! i ";-' r "i '" ; >' f f ' '".'''(' "^ ' 1 '''.''

..---.;.

f^ 7

... . ' f ,,.

. J.

'

,

,

,

s'.*

n.iffj;atQrs iii thq order foTlowing,' viz. funeral a'npl other e.xpences of tlic'tafl'Heknefs;

c.harges^of the^publjc;

pnreoxlta'' tjeudagrirdr.iewhit'Hs,,

or' of the mortgages

laenttdersexoefcaudti'ronninsi,::itrt4hteioe,ntd;eflnefxirtft;denbetsxtdureentto;

then bonc}s or other pbiigat'ibhs.j ;ah.d'' !aftty,, f debts due on open accounts; but no pre-

ferqnce \yhaitever flialf be^given. to creditors in equal degree, where there is deficiency

ji.n'^fj^j/pjcc^.fjt.j^the cafe's of judgments, mortgages .that ifha)l be=recorded, froiri

ih.ejtiiBe o.f iresprding, and executions lodged in the meriff's office, the eldeft 'of which

'{Jb'^]ll!t)?,Vfir!ft"; pa.KlY,prJri tlioie cafbs \vhere a cr.editpr may^hiave a litri o'n <iny part of ;

the^ellateV "i 5,veiy i e,xecu|dr of a'djrijriiftratot, fliall ^ive, frjc* weeks' notice by advertife- ^c^t^-

went in^.QnQ pf^the public gazettes irt th!|s'ft'ate,. qr at three different places qp'the moft ^dfi!:8

publjq fe.fort, in th,e couruy,' for creditor^ to render an account of theiridemands; and

tKey, ;f^a}:t,^er avowed^twelve rrip'nths to afcelrt^ih^he^ debts dye to and from the de-

c^Ceci^^cj; be, Qora.pjU.te^

tiqn. ', A^d cjec|itojr^ ;ripgle^in,g tp;give iti !a !ttate pftHeif yyb.ts yith'i.H :'fhe time' afore- cfedi^w) e

^4,! thip, <jxqeutpr,s;* or arfminiilratbrs fhall ! not be liable: rp m,ake ;good''the fame, rrorSa^hmvdve

flviUja.By, aQipn be.qorrimehced againft any executor or adpirhiftrator for the recovery TMM"'

of

th&,clsbxs.clue;

by ,

t" lie.'t" ,eft.'atp,r,''or'

inteftat' e',

un' ;tU:.' tw' elve : month" s

af"t' er

fuch 'te'jla'tor

. 'i&, T^at all a. e;very. th;e; executors and adniiniltratbrs pf :any',perfbn or perfons, S^ 1"

who as executor or'executdrs'in'hispr their ib'wti; wrong, oradminiiifkprs^ fhaH;waReS^,

qr cctnve.re^r,ttaanny--goo.dds, chhattteellss, efta;i;e'c^af^tS oP.Vny''^fon deceafex! to their-" o^^lvn

t%l,Lbe 'kafelq: anii cHargeabje In thelame, martne'r'as- their teftatbr or inteftate

,><pMld.hay,e-.bee,r if they had ,beeh living;-;,'

12. 'And b<; t it fattier enafted, "fhatjt fhall and may be. lawful for the inferior !nferinrci:iUrt''

courts in the feveral'counties of this ftate, to order a fale, : which ftall be at public H"!TM1^

"" A '~~ and on the firft Tuefday of the month, at the place of public fales in the "*

224

EXECUTORS AND ADMINISTRATORS,

faid county, fifft giving fixty days' notice thereof in one of the gazettes, .and at the ,

door of the court-houfe in the county where fuch application {half be/made,',bf fuch !

parlor the, whole of the real eftate-of every teftator or inteftate, on the application ,of .'

the executor or executors, adminiilratpr or adminiftrators, of fuch teftator or intef-

tate, where it is made fully and plainly appear that the fame will be for the benefit of"'

fro^o. tnc heirs, or, creditors of fuch eltafe; ; Provided, That a notice of fuch application

for fale be firft made known in one of the gazettes in , this ftate, and at leaft nine

months before any order abiblute fh.alj. be,made thereupon. "' ,

..-,.'

Thcaaof 13. And he it.farther ena3ed,: That ani,a6i:, entiiled ',' An aft. to direft executors

and adminiftratars in the manner and .metho.d of: reMmring inventories' and accounts '

l of i^c178?*, olr :: th, ei. r teititators an''dl : i* nteinta! ,teLs'V-- elntat'e' 's;' ' 'an' dV..Vtor 'a: t-nlow'in-f' f th* )e. m' -- V, >/.an. d'* a^lnl-'o/'t-ihe: r ' p:-e>ir'/i*'o^-ns' '

art; in

force.-. againjt
. ..

. i.,hal.i,

.

.

tates, to.

or inay.b. e m. lerel..t.ed: .w-i.th tht :e

./

,

.

charge commiflions: thereon,"

c ' a're a' 'ndi .m.a--!n!'a1-eem!.."en-t;;'- o -rr im: : i n' o"rs, ' a nid',. ,ol rth,' :e r.-', ei i*-

paued

'
the

( -'

.

twenty^ninth

'i '
day^of

'
February,

-
one

-

; ' tho.pland feven hundred, and fix ty -four ; and an aft, entitled'" An aft to carry into':'

"' effefct the iixth fe,tipn : of the fourth.,article-. of the. conjl.iu.uioh, touching the, diitribii-

tio.n of the inteftate eftates, djre6iing the, m'a,nhcroi',gran.tingr letters of adminiftratidii, '

letters teftamentary, and marriage h'cenies," paffed the twenty-third day of Dec'emb.'er,

one tho'ufand, feven hundred and eighty-nine, he, rand the fame are hereby declared to-

be in force, in cafes where they apply ; J3ut. no clavii.es therein flxall be admitted to >

" operate againft this prefent aft.

. .'.'. '"'

.

""'' ''' * '

rs<-om!te X 4- And to the end that permanent provilion'be made for, the poor, Be iffurthtr*

Mrf enaSe^j.That the inferior courts in the .feveral counties.' in thisr .ftate, fhall Hay e power

app'oint to enquire into-the circumflances of; t|ne ;poor, bind out orphans,'- arid appoint gu'ar-

r^lfcc" djatis, , in the, matiner pointed Out by law, and, appoint overleers over the poor, 'Prq~

vided, That no juttice of the inferior court fliall be appointed an byerfeer of 'the'p'ooi-,'

vyi And the faid juitices and overfeers of the poor, fhall have power to levy annually 'a '

x. taXj ancj a 0efs all taxable property returned in theiv refpeftive counties^hbt exceeding'

one fourteenth part of the general tax of fuch county annually, which mallbe coL

lefted by the tax cqlleftor of the county,' who fliall be a.Howed at, 'arid after the rat^

TvcQ 'Pf five per centum .op the .net, amount pf fuel) colleftion, and who ft all at the firft

m. inferior .court, after the rirft Ki'onday ,in ; May ahnually, make to the j uftices of th'e'ih- '

ferior court a true return of the ftate of the collection of fuch tax, and a report in

writing of his proceedings, and fh all therein fairly ftate the amount of his collecliibn^

and that the tax Collectors' ftaternents; ^nd cplleftions fo ma,de up, fliail 1 be filed; of re-

cord in the clerk's .office, .open to, the: infpeftion pf any pe^fori interefted therein,> ''

of coi- And in Safe an y perfon or p'er.fpns fliall refufe or negleft to pay fuch' tax, it ,mall arid

0. ?0 rnay.be lawful fpr'the meriff of the county to dirirain for thle fame, in like mariner .

as the collectors are authorised .to diftrain for the general tax, ' ian.a"uiaU.' have the like '

.commiffibns therefpr,, and the money arifing from the 'faid tax fhall be'paid intp'thjS,-'

hands of the faid overfeers, for the relief of the poor; arid the faid overfeers ihall$ 1

once in every /year, make up th^ir accounts and lay the fame before the juft'icfes'df

the faid :com;t;, y/ho fhall exprefs ^their apprpbatiori or difap'probatipn of the fame, on,-

; ,the back of the faid accbuhis fo tp be'.prpduced1.

'...',"/'" '"

ig. And .^hereas the jtiftices. :'pf the inferior court \ve^re authprizied iri arid by:an'a'cT:5: '

entitled " An aft for regulating tile judiciary department of this ftate", to make.a'rTeff- '

ments fpr the relief of the poor, in the {everal counties, in this ftate, and no niode'- :

tlierein :expreffed in which a ftatement {liquid be made for the fg(m:e.

EXECUTORS AND ADMINISTRATORS,

16. Be il enaffed, That all monies raife'd by fuch affeffment fhall be accountedKS^

for within fix months after the paffing of this acl, and the tax collector fliall bring a tolcTcc'si

fair ftatement of the fame into his firft report, and in cafe the perfon or perfons who recovered1.4

fhall have received the faid monies, and upon demand, and due notice by the faid

collector, fliall refufe or negleft to account for fuch monies as aforefaid, then, in

that cafe, the collector fliall procure fuch evidence as may be neceffary to fubftanliate

fuch account, and mall thereupon apply to the attorney or folicitor general, to com

mence fuit or fuits at law for the recovery of the money fo withheld, and the delin

quent fliall moreover be fubjeft to treble coft.

WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*

BENJAMIN TALIAFERRO, Prefident of the 'Smote* '.

,

Concurred December 18, 1792.

EDWARD TELFAIR, Governor*

aSlfor the bett'er protection anAfecurily 'of orphans ttnd their e/lateh

E IT ENACTED by the Senate and Houfe of Reprefenlalives of the Jl'ate of

) Georgia in General Ajjembly met, and by the authority aforefaid it is hereby en-

ntted, That from and after the paffing of this aft^ it fhall be the duty of the Clerks ofg^^jw

the courts;of ordinary, in the rel'pecliive counties, to enter into a book to be kept for ;i,^nTMtD7al(

that purpofe, the names of 'all the executors, adminiftrators and guardians, which SSi>' &

.may have been or fhall in future be appointed in the feveral counties, together with f,^TM^TM/11*-

the names of their fecurities, which book fliall at all times be fubjecl; to theexamina-*Jee5'rsccrec>v

tion of the inferior court, and o'f fuch other perfon or perionsj as may be interefted

therein,

2. And be it further entitled, That all guardians, executors arid adminiftrators, ^'lifattSrt'

heretofore appointed, ,ah'd which fliall hereafter be appointed, fliall at the next inferior ye"1 rctun"

co'urt, after the expiration of nine months in the refpeclive counties after the paffing of SI'S ^"ii

'this acl, exhibit an account 6n oath of all the eftate of fuch orphan or deceafed perfon, Simmered

\vhich he or they fliall have received to be entered by the clerk of the court of ordinary, K^^fS

in a book to be kept for that purpofe only; and when fuch court fliall know or be m . tllat !mri>lls':-

Formed that any fuch guardian^ executors, or adminiftrators, fliall wafte or in any man v^tesf^|

her mifmanagethe eftate of fuch orphan or deceafed perfon^ or does not take due -care f prevented.

, of the education!) and maintenance of fuch orphan according to his, her, or their cir-

cumftances. Or where fuch guardian, executor or adminiftrator, or his, her or their fe

curities are likely to become infolvent, fuch court may make fuch order for the better

managing and fecuring fuch eftate and educating and maintaining fuch orphan, as

they fhall think fit,

.

.

. 3. And be itfurther 'matted, That it fliall be the duty of all fuch guardians, execu- rl,iiaccomifi. tors and adminiftrators, to.render a full and correct account of the ftate and 'condition a0miua'iiy.'lcri;<s

of fuch eftates as they may feverally have in their poffeffion, to the firft term of the

inferior,;court in the refpe6tive counties, in which they fliall feverally be appointed in

every year, which account fhall contain a ftatement of the tranfaclions of the eftate to

the laft day of December preceding fuch court;, and the faid courts fhall "yearly at the

'court aforefaid, examine the accounts of fuch guardians, executors and adminiftrators, Tobe Cxam,>.

fo to be exhibited, andihall dirtea procefs to ifi'ue returnable to the. next court againit ^S'SlI

Ff A

" .

against all tlioae

'

5n'default.

'2 3.6

FEES OF PUBLIC OFFICERS.

all guardians, executors and adminiftrators then failing to appear, and render fuch

account whether he, fhe, or they, be refident in the fame or any other county; and

inferior court fhall alfo enquire into the abufes or mifmanagements of all guardians, executors and adminiftrators; and whether they or their fecurities are likely to become infolvent

or not, and thereupon to proceed according to the powers herein before givea by

Proviso. this aft : Provided, That nothing herein contained fhall be conftrued to reftrain the

faid inferior courts from enquiring as often as they fhall think proper, into the abufes

and mifmanagement of guardians, executors and adminiftrators, but they may exer-

cife fuch powers at any time when it fhall appear necefl'ary.

"duardians to 4. And be it further enabled. That all guardians fhall be allowed, in their account,

be allowed rc,,a- to charge all reafonable difburfements and expences fuitable to the circumftances of

tmrsements &
expences, If the annual

the orphpan commi.tte.d,to.h.iscare.

AA ndi wihere i t mn al1l1 appear to thi e fraidi court thiattthe

profit oftheeS' tatc of an or-

annual

profits

of

the

eftate

of any

orphan is not fufficient for the

education

and

[j^j^1"^: maintenance of fuch orphan, for the whole or fuch part of the time of fuch orphan's

ionium or minority as to them fhall feem beft, and the perfon to whom fuch orphan fhall be

bimn>toTuutf bound, fhall undertake to clothe and maintain fuch apprentice in fuch manner as

termVaSothe the faid court may direft, and fhall caufc fuch apprentice to be taught to read and

aeemp'ropcr. write the Englifli language, and the ufual rules of arithmetic. And in all cafes

tiie0tei-mesatiie0 where it fhall appear to the court that any perfon to whom any orphan fhall be bound

such

orphan & umootjl-lherer

in manner aforefaid, fhall mifufe ...the cond.i.t.ion o' n w.hi.ch. f,,uch,

or ill orph,, an

treat fuch orphan, was b. ound, i.rt f,,hafIl.

or b. e

fhall fail th. e d.. uty

to of,,

comply th. e. fJTai/d-

court, on due notice and proof thereof, to take the faid orphan out of the 'pofTeffion

of fuch perfon, and bind him or her to fome other perfon.

ah u r 5. And be it further enaBed, That when any guardian, executor or adminiftrator, chargeable with the eftate of any orphan or deceafed perfons, to him, her or them

committed, fhall die fo chargeable, his, her or their executors or adminiftrators, fhall

be compellable to pay out of his, her or their eftate, fo much as fhall appear to be

klie, his, her or their execu

due

to

the

eftate

of

fuch

orphan

or

deceafed perfon,

before any other debt of fuch

tors, &c- shall pay tile same.

teftator or imeftate.

DAVID MERI WETHER, Speaker of the Houfe of Refrefentatives..

ROBERT WALTON, Prefident of the Senate.

Affented to February 18, 1799.

JAMES JACKSON, Governor.

FEES OF PUBLIC OFFICERS.

And acl to revife and amend " An aft for afcertaining the fees of the public officers of thisflate."

Feesofthepub lie officers as-

E IT ENACTED by the Senate and Houfe of Reprefentatives of the.flate of Georgia in General Affembly met, and by the authority ofthefams^ That the

fees of the different public officers herein after mentioned, may be by them refpeftive-

ly received, as follows :

Oovcrftor,

GOVERNOR'S FEES.

For figning a grant for five hundred acres or under, four fhillings and eighfpence.

For figning a grant above five hundred acres? and not exceeding one thoufand, acres,

nine fhillings and fourpence,

FEES OF PUBLIC OFFICERS.

On all grants above one thoufand acres, at and after the rate of nine millings and

fourpence for every thoufand acres therein contained.

Ordering the great feal of the ftate to any paper of a private nature, four {hillings

and eightpence.

Which fums {hall be paid into the treafury for public ufe, before any fuch grant or

other paper is figned by the governor.

*

SECRETARY OF STATE'S FEES,

;

For a grant of land, and preparing and affixing the feal thereto, if five hundred

acres or under, four millings and eightpence; if above five hundred acre% nine

{hillings and fourpence.

For regiftering a grant, two {hillings and fourpence.

For a bond, two {hillings and fourpence.

For a teftimonial with the great feal, feven {hillings.

For every fearch, fevenpence,

For every militia commiffion, to be paid for by the public, two millings and four-

pence.

Preparing and counterfigning a dedimus poteftatem two {hillings and fourpence.

Entering fatisfaftion on every mortgage, one {hilling and twopence.

Drawing and engroffing a proclamation, four {hillings and eightpence.

Fixing the great feal of the ftate to any other paper, four {hillings and eightpence.

For a certified copy of a grant or other paper, per copy meet, threepence halfpenny.

SURVEYOR GENERAL'S FEES.

,

suwy,

For examining a plat, two millings and fourpence.

For recording a plat, not exceeding five hundred acres, three millings and fixpence;

if exceeding five hundred acres, feven millings; if exceeding a thoufand acres,

fourteen {hillings.

Recording a plan of a town, townfhip or village, forty-fix millings and eightpence.

Tranimitting a caveat to the governor, and attending thereon, four millings and

eightpence,

A certified copy of an original record, three {hillings and fixpence,

A certified copy of an original warrant, two {hillings and fourpence,

A fearch, fevenpence.

Recording and iffuing a certificate of a town lot, two {hillings and fourpence.

COUNTY SURVEYOR'S FEES.

CmmtysW;

Surveying atown lot and returning a certificate thereof to the furveyor general's of- vcyor'

fice, four millings and eightpence.

Surveying a tracl of land, of or under one hundred acres, twelve millings and fixpence.

Each hundred acres after the firft, two {hillings and fixpence

Making a plat, recording, advertifing and tranfrnitting to the furveyor general's of fice, four {hillings and eightpence.

Entering a caveat, advertifing and giving a certified copy thereof, feven {hillings; at

tending trial of the fame, three {hillings and fixpence; each poftponement, two

millings and fourpence; to be paid by the perfon poftponing the fame.

Recording judgment and giving a certified copy thereof, two {hillings and fourpence.

Entering an appeal and giving a certified copy thereof, four millings and eightpence.

For a re-furvey of land by order of court, of or under one hundred acres; twelve?

millings and fixpence for the firft ond'hundred acres; for every hundred acres

after the firft, two {hillings and fixpence.

FEES OF PUBLIC OFFICERS.

For making and certifying a plat thereof, and tranfmitting the fame, four {hillings and eightpence.

And for any other re-furyey, the fame as aforefaid.

in civil

SHERIFF'S FEES IN CIVIL CASES.

For ferving a copy of a procefs, and returning the original, feyen fhillings; if

more than one defendant, for each additional copy ferved, two fhillings and ,

fourpence.

Levying execution on the body or property, feven fhillings.

Summoning each witnefs, two, {hillings and fourpence.

On all fums where the execution does not exceed fifteen pounds, five per centum,

on the amount of property fold; on all fums above fifteen pounds, and where

the execution does not exceed one hundred pounds, two and a half per centum;

on all fums where the execution exceeds one hundred pounds, one per centum;

and that no commiffion (hall be demanded, where property is not actually fold.

Making out and figning a bill of fale of other property, four (hillings and eight-

pence: Provided, That fees {hall be allowed only for one bill of fale, where the

fame will be fufficient to convey the property fold to one perfon or joint pur-

chafers; unlefs the purchafer or purchafers, fhall choofe more than one.

Conducting a debtor under confinement before a judge or court, four millings and

eightpence.

Summoning a jury to try a caveat, and attendance, four (hillings and eightpence. Summoning a fpecial jury, and all other lervices, attending trial of an appeal,
four fhillings and eightpence. For a bail bond, four millings and eightpence. Making out and executing titles to land, fourteen {hillings (if wrote by the purchafer,
four millings and eightpence.)

criminal ca-

SHERIFF'S FEES IN CRIMINAL CASES.

For re-committing any perfon, when a habeas corpus is brought to his relief, four

fhillings and eightpence.

Summoning a jury, four (hillings and eightpence. On every copy of a mittimus, one (hilling and twopence. For every mile a prifoner (hall be removed on a habeas corpus, onefhilling and two
pence, For removing a prifoner by habeas corpus, when no milage is paid? per day, four
fhillings and eightpence.

Executing a criminal, tbirty-feven millings and fourpence. Attending a perfon taken by a warrant, to the judges' chambers, three (hillings and
fixpence.' ... . Conducting a prifoner before a judge or court to and from jail, four fhillings and
eightpence. Executing a warrant of efcape, three fhillings and fixpence. Each mile to ferve the fame, twopence. Executing and returning a bench warrant, four millings and eightpence. Each mile to ferve the fame, twopence. Putting aperfbnin the flocks, two fhillings and fourpence. For whipping, cropping or branding a criminal, four millings and eight pence. Apprehending a perfon fufpe6ted; if committed or held to bail} four {hillings and
eightpence.

FEES OF PUBLIC OFFICERS.

.

229

For each perfon not exceeding two, who may be employed to guard a prifoner to

jail, per day, four fliillings and eightpence.

JAILOR'S FEES.

. :,

,

J.UM.

Receiving a prifoner or debtor, two fliillings and fourpence. Turnino- the key or difcharging a prifoner in virtue of a. habeas corpus, or by order

of'the court, judge or juftice, two (hillings and fourpence.

Dieting a prifoner per day, allowing two pounds of bread, one and a half pound

of beef, or one pound of pork, with .a fufiiciency of water, all wholefome

provifions, one (hilling and ninepence.

r

Turning the key on commitment'of any perfon, two fliillings and fourpence.

Dieting negroes, allowing one quart of rice or corn meal per .day, fcvenpence,

NOTARY PUBLIC'S FEES.

HrtMJ, pllWl..

For every proteft and oath included, not exceeding fixteen copy (heels of ninety words,

nine fliillings and fourpence.

Adminiftering an oath in any other cafe, one (hilling and twopence. For each attendance on any perfon, to. prove any matter or thing as notary public and

certifying the fame,^two (hillings and fourpence.,

. ,

Every other certificate, erne (hilling and twopence.

;

Noting a proteft, four (hillings and eightpence.

,

Regiftering a proleft, per copy flieet, one (ixteenth of a dollar.

Copy of a proteft, per copy flieet^ one fixteenth of a dollar.

CORONER'S FEES..

C orMlw ,

For fummoning an inqueft on a dead body, and returning the inquifition,'forty-fix

(hillings and eightpence.

For providing a coffin, and burial expences,, fourteen fliillings.

In all other cafes, the fame as the fheriff.

:

..

REGISTER OF PROBATE'S FEES.

bRSffefofpr0'

Receiving application and granting citation, four (hillings and eightpence.

Signing a warrant of appraifement, two (hillings and fourpence.

Signing the probate of a will, four (hillings and eightpence.

Recording a will or other paper, per copy (heet, threepence halfpenny.

A certified copy of a will or other paper, per copy (heet, threepence halfpenny.

Receiving an appraifement, and .recording the fame^ if under-one hundred dollars, two fliillings" and fourpence ; if above one hundred dollars, four fliillings and eight-

pence.

Receiving an application and granting letters difmiffory,: four fliillings and eightpence. Granting citation to fhewcaufe why adminiftration (hould not be repealed or fet afide,

nine (hillings and fourpence.i

; ; .' , ; ,

For granting letters of adminiftration, or letters teftamentary, nine (hillings and four-

pence.

For entering a caveat againft adminiftration being granted, or will proven, four fliil

lings and eightpence.

For every marriage'licenfe, four fliillings and eightpence.; .;

Attending judges for determining a caveat, per day, four fliillings and eightpence.

FEES OF THE GOVERNOR'S SECRETARIES.

c__-8

A copy of any paper, not exceeding two copy (heets, one (hilling and twopence. w"eH'>

A copy of any paper, exceeding two copy {heets, feven pence per copy (heet.

Adminiftering an oath of office to any perfon where the profits thereof amounts to

upwards of twenty-five pounds per annum ? and givina a certificate thereof, four fliillings and eightpence,

-FEES OF PUBLIC OFFICERS,

Certifyig a copy or e-xtrat, one (hilling and twopence. For entering a teftimonial, one (hilling and twopence.

AttomeygeM-

FEES OF THE ATTORNEY GENERAL.

Drawing a capias againtt a perfon endiQed and not bound over, or againft-a perfon

prefented by a grand jury, one {hilling and twopence.

Drawing a capias againtt a defaulting juror, two (hillings and fourpence.

Drawing an indiclment againtt. a perfon prefented by the grand jury, and bound

over, four (hillings and eightpence. . .

:

,--,.

Entering a noli profequi, fevenpence. .

'.

Attending at judges' chambers, to take the affidavit of any perfon, in criminal cafesi,

four (hillings and eightpence.

,:

Drawing an affidavit, or any other inftrument of writing, per copy fheet, threepence

halfpenny.

For a fubpcena in criminal cafes, one (hilling and twopence.

Retaining fee againft perfons endifted, fourteen (hillings.

TreasiTO- .

... TREASURER'S FEES.

For every fearch, fevenpence. .... ..

;

An extract, two (hillings and fourpence.

ATMe8;

ATTORNIES' FEES.

On each caufe commenced and tried in the fuperior or inferior courts, eighteen (hil

lings and eightpence.

i-

On each appeal profecuted to judgment, except appeals from a juftice's court} eigh teen (hillings and eightpence.

Where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney.

jon>ndit.

JURORS AND WITNESSES' FEES IN CIVIL CASES.

netsca, rpQ ^ ^^ j urv for eac }1 cau fe tf{e^ to be p aj(j by the plaintiff and taxed in the bill

of cofts, four (hillings and eightpence.

Special jury for each appeal tried, to be paid by the appellant and taxed in the bill of

coils, four (hillings and eightpence.

To each witnefs per day, for his or her attendance, for coming and returning, allow

ing thirty miles for a day, not ;allowing for more than three witneffes, to be paid

by the perfon fummoning the fame, and taxed in the bill of cofts, three (hillings

and fixpence ; the witnerfes to have the fame allowance in criminal cafes., where

the perfon profecuted is found guilty,

CLERK's FEES IN CRIMINAL CASES. c;eritincrimi-Every w^ adfeal, one'(hilling and twopence. nai cases. Every pannel of a jury, one (hilling and twopence.

Order for fine on a juror, (unlefs excufe made) and entering the fame, one (lulling

and twopence. ; , ''

':

Ordering a fine peremptory, entering and reading, one (hilling and twopence. Copying the fame for the attorney general, one (hilling and twopence. Fee on a writ of capias and feal, one (hilling and twopence, The clerk's attendance in hearing a motion in arreft of judgment, or at the judges'
chambers on a petition preferred, or a habeas corpus, or to take the examinatiori or information of any perfon, three (hillings and fixpence. Taking an examination, information, or affidavit, per copy (licet, one fixteenthpartpf a dollar.
Drawing a warrant, one milling and twopence,

FEES OF PUBLIC OFFICERS.

331

A commitment or liberate, one fhilling and twopence. '

.--.

Taking an acknowledgment of bail before the judge, or'in court, and drawing re-

'. cognizance thereof, two (hillings and fourpence.

Every fubpoena ticket, fevenpence.

Every endiftmentif the criminal be found guilty,;two {hillings and fourpence.

Every arraignment, or charging a defendant .with :endiclment, if found guilty, one

fhilling and twopence. , ;

;

'

Entering a plea, (evenpence.

^

Calling a jury, fevenpence.

Clerk's attendance on every caufe tried, one (hillingand twopence.

Every fentence or judgment, and entering the fame, one fhilling and twopence.

,, Copy of every endiclment or other paper, fourpence. ,

Copy of judgment to the fheriff and ordertherepn, one milling and twopence.

Calling a traverfeor difcharging a recognizance, one (hilling and twopence.

Recording the proceedings of a caufe, per copy fheet, one fixteenth part of a dollar.

Every perfon acquitted by proclamation, one (hilling and twopence.

'Every fearcb, fevenpence.

' 1 :

A writ, dedimus poteftatem, four millings and eightpence.

Renewal of capias, one fhilling and twopence.1

'FEES OF THE CLERK IN THE SUPERIOR COURT, IN CIVIL i*&****

''<, . '

',

: 'CASES.

:

Every fuit commenced therein, if fettled, before judgment and each non-fuit, feven

millings.

;

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

two millings and fourpence.

Every fuit fo commenced and profecuted to judgment, including every fervice to en

tering up fatisfaftion, fourteen (hillings.

:

iJFor each appeal, if fettled before verdift, four millings and eightpence.

'

For each appeal profecuted to judgment, including every fervice to entering up fatis-

faction, nine millings and fourpence,

For every writ of fubpoena and ticket, fevenpence. '

'

For a writ o.f partition of land, fourteen fliillings.

For iffuing a commiflion to examine witneffes, four Ihillings and eightpence.

For making out letters of guardianfhip and taking fecurity, four (hillings and eight-

pence. - ; ' :

- . ;; ":;; ..'i :"' .;-. i . 5

;i For every order for the fale of land, aiid copy thereof, two (hillings and fourpence.

., Recording any inftrument of writing, per copy^fheet, one fixteenth part of a dollar.

: . Each; fearch, fevenpence,

A certified copy of any record, per copy fheet, threepence halfpenny.

For every foreclofure of any mortgage^' and recording proceedings, four "(hillings

and eightpence.

,

...,.-

Every "enquiry of title refpe.aing prdperty-levied on by the fheriff and claimed by

a third perfon, four (hillings and eightpence. ; : .

*

- For every tavern licenle,, including every fervice therein, four fliillings and eightpence.

CLERK OF THE INFERIOR COURT.

cierkoftliein,

For each caufe fettled before judgment, and each appeal to the fuperior court, feven ftrior ""''

millings.

For each copy of a'writ where there are more than one defendant after the firft copy, two (hillings an4 fourpence,

43*

FEES"W:. #UBL1;C: OFFICERS,

Each caufe commenced therein and profecuted to judgment, not appealed Frorfl, including every fervke< to entering up fatisfaftion, fourteen millings.
For fubpcena tickets, cornmiffions. and letters, of guardianfhip, and enquiries ref,.:;-. peeling property claimed, non-fuitsi, and any other fervice performed, the fame
fees as allowed to the clerk of : the fuperior court* Each appeal profecuted to judgnlent-from a juftices' court, four millings and eight-
pence'j if fettled by the parties^ two millings and fourpence, including every fer* vice to entering fatisfaclioni

FEES OF THE CLERK OF,THE HOUSE OF-REPRESENTATIVES

of R.e))rpsetltatives,

ANt> SECRETARY OF THE SENATE,

atid secretary

ijf the senate;. For every extraft of a private nature, threepence halfpenny per copy meet.

For certifying an extraS. of a private nature, one (hilling and twopence.

For an act paffed for the'benefit ofart individual, or to incorporate a private focietyj

nine millings and fourpence'i'

'..-..J:FEESO^ A CONSTABLE.

Serving a Warrant, funlmons or attachment in civil cafes, one milling and twopence,*

Returning the fame and attendirig the juftices' court, one (hilling and twopence*

Summoning every-witnefs, one (hilling and twopence.

Levying an execution and advertifing the falej one (hilling and twopence;

For felling to fatisfy ah execution frdm a juftieej five per centum on the arriou'nt of

the debt.; .-,,,,.;./.,.

For attendirig a grand jury j for each bill fo'Undj to" be paid by the delinquent $ 6ne

milling' and t.wOpence-. ,.....

Serving a warrant in criminal cafes, four millings and eightpence.

For carrying a prifoner to jail, twopence per mile.

For keeping and maintaining a prifoner before examination, ndi exceeding twenty-

four hourss,.one (hilling ,a.nd nineperice.

; ' : :, r FEES'oF^iiE.iPOWDER RECEIVER;, :

; '':*:

Every bafrel of ptiwder of" one huridred pounds weight lodged in. the public maga.1-

zine, and delivered out^ to be paid by the bwrier^ o'ne.fliil'lrng and ninepencej.

and in proportion for any other quantity;,, .

;

;

|n whatc.tsds 1l\c public to. .

2. And be itfarther enaffiedj That none of the fees herein before fet do\fn or expreffed j

fee accountable for fees.

mall in

aoy cafe (jailor's fees:for dieting prifoners, and .coroner's fees for

fummoning

an inqueft, and returning an inquifition, and providing 1 a. coffin and burial expences

of a perfon found dead, and.'the (h'eriff'.s fees for executing a criminal, excepted) be

charged to the public^ for of f?n;a;Ccou.rJt of any ifjability in the perfon who ought to;,

have paid the fame. . .-.<.-..

-

,

;|^.

public officers to p;ive a state

3. And be it further enabled*, That every public officer and perfon herein mention

ment of their fees'.

ed, or their deputy or agentj and; every;perjpn acling as fuch, mall, if thereunto re

quired, be obliged to give a ftateinent of the fees demanded, and a receipt for the

fame, to any perfon pay ing; a:rty lawful or pretended fee or fees of office, claimed by

and paid to any fuch public officer, ,or perfon herein before mentioned, his deputy

or agent,, or perfon afting as fuch, under pain that every public officer, or perfoii..

herein before mentioned^ his deputy or agent, or perfon afeling as fuch, (hall for eve

ry neglecl: or refufal, forfeit the fum of twenty-five (hillings, with cofts of fuit, to be

fued for, recovered and' applied in manner herein after directed. Provided always

neverthelef^ That all fuits.and aClions which fliall be brought or commenced by vir

tue of this acl, (hall be inltitdted before the end of twelve months '] and not dtherwife^

' FEES OF PUBLIC OFFICERS,

'

33

4. And be if, further enafted, That if at any time after the paffing of this aft, any .?,, fm?dtt<,m. public officer or perfon herein mentioned, or his deputy or agent, or any perfon act- cha'gLver ing as fuch, fhall, under pretence of any matter or thing done, tranfacled or perform-
ed& by any fu-;h public officer or perfon, or his deputy or agent, or any perfon acting as fuch, demand any other or greater fee than is let down in the table hereunto annex
ed, every fiich perfon fo offending fhall,.for every fuch offence, forfeit and pay four fold to the party aggrieved, for the fum fo unjuflly demanded or taken, to be recovered with colts of fuit, before any juftice of the peace. Provided, the fum does not exceed his jurifdiffion, or in any court of record within this ftate,

and

pafiin^

the fame is eftablifhed by this aft, fuch table or docket to be in fair words and fig-'

tires, without any abbreviation, except fums, to be placed up, and to be conftantly

kept in a confpicuous part of the room or place where he fhall ufually execute the

bufinefs of his office or employment, under pain of forfeiting two {hillings and'four-

pence for each day's neglecl of fixing up the fame.

6. And be it further enaEted* That in cafe any public officer, or any perfon herein outers ma? , ibeffore mentionedi, mn aiil ibe ffuedi or profie- cutedift'or, or iby reairon oir any lree ofr orflcice rceocsotsv.er double

whatever, and verdicl fhall be given for fuch public officer or other perfon ; or if the

plaintiff of profccutor fhall difcontinue fuch fuit or profecution, or fhall be nbnfuited,

then fuch public officer or other perfon fhall recover double, cofts.

7. And be it further enafted, That all fines,-penalties, and forfeitures, incurred un-HWO^&-'

tier and by virtue of this aft, fhall be recovered, by action in the fuperior or inferior vgj)damli>r"

courts, without any delay ; and mall be applied, one moiety to the ufe of the ftate, and

the other to the perfon or perfons carrying on the profecution to the conviction of

the offender ; except fuch as come within the jurifdiclion of a juftice of the peace, and

except alfo thofe forfeitures, which are declared payable to the party aggrieved.

8. And be it further ena&ed. That any public officer who fhall charge or take fees officers maybe

not allowed by this at, fhall on conv.iflion thereof, be difmiffed from office.

overcharging.

1

9. And be it further matted,. That the ftate fees in the executive department bi e paidi m thi e paper medTium off thi is fr>tate.

may state fees to bc ' mpaeiddiiunmp.aper

10. And be it further enatfed, That the clerks of the courts refpeaively fliall make CiCrksto aca return on oath, of the fees collefted on behalf of the ftate, defignating the paper me- ShaSoil

dium from the fpecie, received by them previous to the paffing of this aft, and fhall cclleaedl

fettle with the treafurer agreeably thereto.

11. And be it further enacted, That any public officer, who mall prefume on any ?nfficr/fc'$|:s

.pretence whatever, to charge, demand, or receive fees for fervices not done or per- i*Jiiii'

- formed, every fuch perfon fo offending, fhall forfeit and pay to the party aggrieved, [ '"' TM

four^ fold the fum fo illegally charged, demanded or received, and fhall be immedi

ately difmiffed from office.



12. And be it further cofts for the attendance

enatted, That of witneffes in

no juftice any caufe

or juftices of the peace,-ffeaU tried before him or them.

tax

any

ww!!ttn, esses

t

WILLIAM GIBBONS, Sftaker of the Houfe of Reprefentatives. ' BENJAMIN TALIAFERRO, .Prcfidcnt of-fa-Senate*Concurred December i8th, 1792.

EDWARD TELFAIR- , GovernQor,$

FELONS.
An atl appropriating money for the year one thoufand fetien hundred and ninety-Jive,
Part of the firft feQion, all the reft being obfolete:--That the fecretaries of his excellency the governor (hall be entitled to receive of the grantee, upon each grant that {hall pafs, the f'um following: On all grants of and under five hundred acres, one quarter of a dollar; on all grants above five hundred acres, three quarters of a dollar.
The treafurer, the fum of one quarter of a dollar on all plats certified by him, to be paid by the applicant.
THOMAS NAPIER, Speaker of the Houfe of Representatives. BENJAMIN TALIAFERRO, Prejidcnt of the Senate* Concurred January 7, 1795. GEORGE MATHEWS, Governor.

An aH to vejl further powers in the inferior courts, of this /late, refpetting the fees of flierijfs and jailors.

W Preamble.

HEREAS fundry applications are yearly .made to the legiflature of this {late, by fheriffs and jailors, for fees which are unpaid, and which greatly impede

the progrefs of legislative deliberations:

i. Be it enafted by the Senate and Houfe of Rep rejentstives ofthejlaie of Georgia-, in

inferior-courts may tqvy a

General Affembly

met,

and by the authority of the fame,

That

the

inferior

courts of _

county tax, to defray jailors

thfc

feveral

counties

in

this

ftate,

are

authorized and

required to

levy

annually

a

county

fees and other expences rela

tax,

equal to

the amount of

all fees which are due,

or that may become due,

and

ting to prison- unpaid the refpeclive fheriffs and jailors within the feveral counties in this ftate, from

the infolvency of prifoners or criminals; or where an expence accrues from the

guarding of prifoners or criminals, where there mall be no jail in any county in this,

ftate,

THOMAS STEVENS, Speaker of the Houfe of Reprefentatives*

BENJAMIN TALIAFERRO, PrefideiU ofthe Senate..

Concurred February 22, 1796.

JARED IRW1N, Governor.

FELONS.

..An aft to prevent felons, tranfports from other Jlates, coming into or refiding in this*

reiora, tan*-
ported from o-

E IT ENACTED by the freemen of the flate of Georgia* in General AfTemlfo met,, and, o,. y t,h, e aut,h;o-ri,ty of/t- he.jajmr e, -inroj rder to prevent thi e di angerous evi-lis.

bp'to^nyeoj5ce arifing from communication with felons, tranfported from other ftates or nations,

iSrtatc" 10 wnerby the morals of many, who would otherwise be good citizens, may be cor

rupted, That from and immediately after the paffing this aft, no perfon or perfons,

felons from other countries, tranfported or banifhed for any crime or charge what

ever, mall be eligible to any poft or office of truft or profit, or be otherwife entitled

to any of the privileges? immunities or liberties of a freeman or freemen of this ftate $

. '

FENCES.

and oil pi-oof of the fame by one legal evidence, or by the authentic certificate, undef
feat of any ft ate, nation, corporation or court, from whence he, {lie or they may be bammed or transported, fuch felon or felons {hall be, by warrant and mittimus; under the hand of the chief juftice of the ftate, or one of the juftices of the court where fuch proof mall be eftablifhed, committed to the common jail of the county, ; without bail of mainprize, there to remain until a convenient opportunity may be-'gp procured by the honorable the executive, to fhip or otherwife fend off fuch felon or felons, from and without the limits of this ftate, never thereafter to return. _ And in n cafe fuch felon or felons fhould, after fuch Clipping or fending off, return within theing. limits of the fame, he, (he or they mall, onconvittion, fuffer death without beneht of clergy: Provided neverthelefs, on fuch firft proof of tranfportation, fuch offend- frm er or offenders charged as felons as aforefaid, mall not be debarred the right of trial by jury, and mall be allowed every right of evidence to counteract fuch proof.
By order of the Houfe. WILLIAM GIBBONS, Speaker,
Augufta, February 10, 1787;

FENCES.

An aft for the belter regulating fences in the, pfovihce of Georgia,

HEREAS an aa paffed the feventh day of March, onethoufand feven hun. prcifeMi

dred and fifty-five, in the firft fcffion of the firft General Affembly of this

province, entitled " An aft to regulate fences in the province of Georgia," has been

found very ineffectual for the purpofes thereby intended;

And TvhereaSi, the fixing and eftablifhing fit and proper dimenfions for all fences

and enclofures to be erected, and made in and about the feveral plantations and fet-

tlements of this province, would not only prevent the feveral owners and occupiers

thereof, fo fenced and enclofed, from receiving, any damage from the irruption,

ftraying or breaking in of cattle^ horfes, fheep, goats or fwine-j but would likewife

obviate any doubts ordifputes, happening or arifmg as to the ftrength and fufficiency

of fuch fences and enclofures, in cafe of any irruption or trefpafs to be committed

within the fame.

Be itenattecl, That from and after the twenty-ninth day of March;, one thoufand Ss"an

feven hundred and fifty-nine^ all fences or enclofures, commonly called worm fen- dosurcs-

ces, that fball be erected and made around^ or about any garden, orchard, rice

ground, indigo field, plantation or fetdement in this province, fliall be fix feet higli

when flaked and ridered, and from the ground to the height of three feet of every

fuch fence or enclofure, the rails thereof (hall not be more than four inches diftant

from each other; and that, all fences or enclofures that {hall confift of paling, fhall

like wife be five feet high from the ground* arid the pales thereof not more than two

inches afunder : Provided alway^ That where any fence or enclofure fhall be made

with a ditch or trench, the fame fhall be four feet wide, and in that cafe the fence bw^o

mail be fix feet high from the bottom of the ditch.

Jbfe^rS

2. And be it further matted, That if any trefpafs or damage fhall be committed^SE

in any garden, orchard, rice ground, indigo field, plantation or fettlememt, not be-5

FENCES.

ing fenced and enclofed in manner as herein before is directed, by the irruptionj

breaking in or ftraying of any cattle, horfes, flieep, goats or fwine, the owner of

fuch cattle, hprfes, fheep, goats or fwine, (hall not be liable to anfwer for fuch tref-

pafs, or to make good or fatisfy any damage or injury that fh.aU happen or be com- ,

milled by reafon thereof: and in cafe any perfon or perfons fliall kill, maim, hurt or de-

ftroy, or caufe to be killed, maimed, hurt or deftroyed, any cattle, horfes, fheep, goats

or fwine, fo trefpaifing, ftraying or breaking into any garden, orchard, rice ground,

indigo field, plantation or fettlement, not fenced and enclofed in -manner as by this

aft is directed, all and every fuch perfon and perfous (hall anfwer and make good to the

owner or owners thereof all fuch injury and damages as he or they mail fuftain thereby,

the fame to be recovered on due proof thereof, before any two juftices of the peace

for the diftrict where .the offence (hall be committed, and to be levied by warrant,

of diftrefs and fale of the offender's goods.

justices to ap- 3- dnd be it further enaffied, That in cafe any cattle, horfes, fheep, goats or fwine,

Fre'iioMera,to fliall break into any garden, orchard, rice ground, indigo field, plantation or fet-

'Sumgedoue tlement, being fenced and enclofed according to the directions of this act, then, on

'/"tic, c' application of the party aggrieved, it fhall be lawful for any of his majefty's juftices

of the peace in the faid province to appoint any three indifferent freeholders to view

and appraife the damage fo committed and fuftained, and the appraifement made

and figned by the faid freeholders, fhall be delivered to the juftice, or any other, who

is hereby authorized and empowered to caufe the film fo appraifed, to be levied by

warrant of diftrefs and fale of the offender's goods.

for'" 'wiit'ss 4- And be itfurlher ena'tted, That in cafe any freeholder, appointed by anyjufticc to

for refusal. y jew an(j appra ;fe an y (}amage faid to be committed, fliall neglect or refufe to make

fuch view and appraifement in mariner as directed by this act, every fuch freeholder,

fo refufing, or neglecting, fhall forfeit and pay, for every fuch offence, a fum not ex

ceeding forty (hillings, to be levied by diftrefs and fale of the offender's goods, to be

for the ufe of the party injured.

toabe&Kd'i!!ot 5- dnd be it further enatted, That no planter or other perfon, not having a lawv

Sertwenty swl- ful fence, fliall fix in any of his enclofures, any canes, or Makes, or any thing that fliall,

lings penalty. QJ. m^ j^jjj^ ma^m ^ hurt, or deftroy, any cattle, horfes, ffieep, goats or fwine, under

the forfeiture of twenty millings fterling for every fuch offence, on being convicted

thereof before any juftice of the peace of the diftrict or place where fuch offender (hall

dwell, upon confeflion of fuch offender, or proof by one or more credible witnefs or

witneffes upon oath, olne half thereof to be paid to the informer, and the other half to

the poor of the faid diftrict, the fame to be levied by diftrefs and fale of the offender's

goods, by warrant of the juftice, before whom fuch offender fhall be convicted, re

turning to the owner the overplus, if any, after all charges deducted.

Sfpii- 6' Provided always., and be it farther enatted, That in all trials to be had before

es?1 for one or more juftices of the .peace by virtue of -this act, the right 'of the party to the

lands on which the trefpafs or damage fhall be faid to be done, fhall not be brought

in queftion3 but the fame fliall be taken for granted to all intents and purpofes whatfo-

ever.

clsws-

7. And be it further en-afted? That the act for regulating fences in the province of Georgia, paffed the feventh of March, one thoufand feven hundred and iifty-fivej in

FERRIES.

.

237

the firft feflion of the firft General Aflembly of the faid province, {hall be, and is here-

hv'reoealed, revoked, difannulled and forever made void.

y F

DAVID MONTAIGUT, Speaker-.

By order of the Upper Houfe.

PATRICK HOUSTOUN, Preftdent.

Affented to March 27, 1759.

HENRY ELLIS.

FERRIES.

An a&for ejlablif/iing feveralferries in this province, andfor vejling the fame in the perfons therein mentioned.

"HERE AS the eftablifhing of the feveral ferries herein after mentioned, will

be greatly to the advantage and conveniency of perfons travelling through

this province, Be U therefore enabled, That immediately from and after the paffing of

this aft, a public ferry (hall be, and the fame is hereby eftablifhed, from the town oi^lS!

Ebenezer, upon Savannah River, 'to the bluff on the oppofite fhore; alfo two ferries Swn tMm"

over Brier Creek, one at a place called Milltown, and the other at the upper public a"1^'"^?118

roads; alfo a ferry from the centre of the town of Augufta, upon Savannah River, fon" on thS2"

to the bluff on the oppofite fhore, in the province of South Carolina; and alfo a fer- Alatamillls>-

ry over the river Alatamaha at fort Barrington.

The remainder of this aft is obfolete or expired.

By order of the Commons Houfe of Aflembly.

ALEXANDER WYLLY, Speaker.

By order of the Upper Houfe of Aflembly.

.

N. JONES.

Council Chamber, April 11, 1768.

Affented to.

JAMES WRIGHT.

An ordinance to eflablifh a ferry between the ifland of Slidaway and the ijle of Hope5 in the county of Chatham, andfor other purpofes therein mentioned.
ift SeBion eftablifhes a ferry for five years. Obfolete. 2. And be itfurther ordained by the authority aforefaid, That a ferry fhall be eftab- ^"Jl limed at M'Gowans old ferry on Savannah River, about a mile above the Coldwa- S3 ter Creek; alfo a ferry at Seneca Oldtown on Keowee River; * alfo a ferry at theSdSJl mouth of C-hoga Creek; and the faid ferries fhall, and they are hereby put under the fame reftriftions and regulations as the other ferries on Savannah River. 3. And be it further ordained by the authority aforefaid, That a ferry fhall be eftablifh- Aerrye ed at Reed's bluff, on the Alatamaha River, under the fame reftriaions and regula- Reemhu
t)is A * Ceded to South Carolina by convention at Beaufort.

FERRIES,
tions as thofe eftablifhed on Savannah River, and the right of the fame is hereby veft* ed in George Handle/, and Chriftopher Hillary, the proprietors of the fa id bluff.
By order of the Houfe. 'WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.

An ad for tjlablifliing d ferry from the plantation of'Nlchol Turnbull, near Savanndh) to the plantation late the property of Jertnyn and Charles Wright, known by the name of Rochejler, in thejlate of South Carolina, and for vejling the. fame in thefaid Nichot Turnbull, his executors, adminiftrators and ajjigns, for and during the term of ten years.

W Preamble.

HEREAS, a law has pafled intheftateof South Carolina, for theeftablifhment of a road and ferry at the plantation late the property of Jennyn and Charles

Wright, known by the name of Roehefter, fituated on the north fide of Savannah Ri

ver, in the faid ft ate; And whereas it is neceffary that a ferry fhould be eftablifhed

on the fouth fide of the faid river, as near oppofite the ferry before mentioned as may .

be, which will tend to the conveniency of, and promote a fpeedy communication

between both ftates :

1. Be it ena&cd by the Senate and Houfe of Reprefentatives ofthejlate of Georgia in

A ferry Mill)-

lulled on Sav;;imah lUvcsr.

General Affembly met,

That a public ferry fliall b^, and the fame is hereby eftablifh

ed, upon Savannah River, from the plantation of Nichol Turnbull to the planta

tion late the property of Jermyn and Charles Wright, known by the name of Ro

Vested in Ni- ehefter, on the oppofite iide of the faid river; which faid ferry is hereby vetted in cliolTunital!. the faid Nichol Turnbull, his executors, adminiftrators and affigns for the {pace of ten

years next en filing the paffing of this aft.

Subjeft to cer 2. And be it further ena&ed by the authority aforefaid,, That the faid Nichol Turn-

tain reguUf.ions.

bull, his executors, adminiftrators or affigns, fhall, and he or they are hereby requir

ed to make and keep in repair the road and caufeway on his plantation aforefaidj

leading to the river Savannah, and to provide and keep one or more good and fub-

ftantial boat or boats, fit to carry fix horfes at the leaft ; and one white man and alfo

a fufficient number of Oaves or fervants to attend the faid ferry, as well by night as

by day, to carry over the faid paflengers, their fervants, flaves, horfes, cattle and

carriages; and that it fhall and may be lawful to and for the faid Nichol Turnbull,

his executon;, adminiftrators or affigns as aforefaid, to afk, demand and receive for the

Rates of ferMagc.

faid ferriage, the feveral prices and rates following, and no more, that is to fay : Fof every foot traveller, the fum of twenty-five cents; for each perfon and horfe, the fum

of fixty-two and an half cents; for every wheel carriage; the fum of twenty-five cents

per wheel; for every fingle horfe, the fum of thirty-one and an half cents; for neat

cattle, the fum of thirty-one and an half cents per head; for calves, fheep or hogs,

the fum of fix cents and half per head.

Penalty for d 3. And be it further enaffed, That in cafe any perfon or perfons going to the

lay of yasseng'-rs.

faid ferry in order to pafs the fame, fhall (tendering the ferriage as fettled by this aft)

meet with delay, proceeding from negligence or other improper conduct, in not giving

the due attendance required by this aft, the faid Nichol Turnbull, his executors ad

miniftrators or affigns, fliall forfeit and pay for every time fuch delay fliall happen,,

to the perfon or perfon Ib delayed., a fum not exceeding three dollars for every

FERRIES.

23.5

to be recovered upon proof thereof, before any juftice of the peace for the diftril of White Bluff', by warrant under the hand and feal of the faid juftice; Provided, That the perfon fo delayed, fhall make complaint within one month next after fuch
delay fhall have happened. 4. And be it further enatted, That the governor for the time being, and all mef-^n^tom^
fengers fent in the fervice of this ftate, and all poftmen, be and they are hereby de- "rvSgr* clared to be exempt from paying any ferriage for themfelves, their fervants, horfes, . carriages or baggage, for paffing. and repaffing the fame; and in cafe of any unneceffary and improper delay, the faid Nichol Turnbull, his executors, adminiftrators or afligns, fhall forfeit and pay the aforefaid fum of three dollars for every hour, to be recovered as before directed, any thing in this aft to the contrary notwith-
ftanding. 5. And be itfurther enatted, That the commiffioners of the road leading from Sa-fj1TM^TM1TM
vannah eaftwardly to the ifland of Skidaway, fhall, and they are hereby empowered, thefe">'from time to time, to infpecVthe ftate of the ferry-boat or boats, the fufficiency of the fervants or flaves attending the fame, arid the condition of the road, caufeway and'landing, and upon any infufficiency or. damage, to give notice to the faid Nichol Turnbull, his executors, adminiftrators or afligns, to repair or make good the fame; and .if within ten days after fuch notice fo given as aforefaid, upon proof thereof made before the majority of the faid commiffioners, he the faid Nichol Turnbull, his executors, adminiftrators or afligns, fhall forfeit the fum of eight dol lars for every day he or they fhall negleft to make good fuch infufficiency or dama ges, to be recovered by warrant, under the hands and feals of the faid commiffioners, to be applied to the repair of the bridges, roads and caufeways, within the eaftern road before mentioned.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives, BENJAMIN TALIAFERRO, Prejident of the Senate.
Concurred February 8, 1796. JARED IRWINj Governor.

An aft vefting certain commijjioners with power to ejlabli/h a public ferry on Savannah River, oppojite the city of Augufla, under certain reJlriBions and provifions.

in and by an ordinance paffed by the General Affernbly of therrosm

ftate of Georgia, on the fixth day of December, one thoufand feven hundred

and ninety, the exclufive right of ereaing a bridge over the river Savannah, at the

city of Augufta, was vefted in Wade Hampton, his heirs and affigns, upon certain

conditions therein expreffed; and alfo by An aft to revife and amend an ad, fup-

plementary to an aft, for regulating the town of Augufta," and to amend an aa, en

titled " An aa for regulating the town of Savannah and hamlets thereof, and for

other purpofes," paffed on the thirteenth day of February, one thoufand feven hun

dred and ninety-feven, the before recited ordinance was revifed and declared to be in

full force and operation, and the time therein limited for rebuilding a bridge acrofs

the faid river was extended to the term of two years, from and after the paffing the faid

act, and no longer:



2 40

FERRIES,

And whereas, the faid Wade Hampton has failed to rebuild and keep a bridge acrofs

the faid river, within the time by the before recited ordinance and law prcfcribed',

whereby the exclufive right granted to the faid Wade Hampton is forfeited : And

whereas it is neceffary that a ferry mould be eftablifhed and kept as near as may.be

to the north end of the crofs ftreetin the faid city of Augufta, leading from the mar

ket, and oppofite to Picken's warehoufe, upon the public road on the Carolina fide

of Savannah River:

Commissioners i. Be it enaSled by the Senate and Houfe of Reprefentatives of the flate of Georgia,

appointed to establish and

in General AJfembly

met, and by the authority of the fame^

That Abraham Jones,,.,

superintend the George Graves, James Perrie, Lewis Harris and James Fox, be appointed com

Augusla, miffioners, and they, or a majority of them, and their fucceffors in office, are hereby

fully and abfolutely vefted with power to eftablifh a public ferry at or near the place

where the former ferry was eftablifhed and kept, as nearly oppofite the crofs ftrcet in

the town of Augufta, leading from the market as aforefaid, as they may find moft

upon certain convenient, upon the following terms and conditions: that is to fay, That the faid terms. commiffioners, or their fucceffors in office, fhall, on or before the firft day of Janu

ary next, provide good and fufficient boat or boats, for the paffage of all fuch per

fons as may call for the purpofe, with carriages of any kind in common ufe, horfes

and other ftock; that they alfo provide that the faid ferry be kept with diligence and

attention, fo that travellers meet with no delay (unavoidable accidents excepted) in

Certain perfons paffing the fame; that they alfo permit the paffage of all perfons and carriages going

ment of ferri to Augufta with any article of produce or ftock, for fale in faid town, and returning

age.

therefrom after fale of fuch produce or ftock, and alfo all perfons coming to or

going therefrom who refide in the faid city, or within five miles thereof, free from any

charge for ferriage, and without any hinderance or unneceffary delay.

Rates of ferri 3. And be it further enaSled^ That the aforefaid commiffioners, and their fuccefT-
age.
ors in office, fhall and may legally demand and receive from all and every perfon

and perfons paffing the faid ferry (except thofe herein before excepted) a ferriage up-

on the following rates: that is to fay, for every loaded waggon or other four-wheel

carriage^ one hundred cents; for every empty waggon, fifty cents; for every loaded

cart or dray, twenty-five cents; for every man and horfe, twelve and an half cents;

fora foot paffenger, fix and a quarter cents; for all black cattle, per head, fix and a

quarter cents; for hogs, fheep and goats, three cents per head: And the faid com

miffioners, and their fucceffors in office, fhall and may have the free, quiet and ex

clufive ufe and enjoyment of the faid ferry on the Georgia fide, for and during the

term of ten years from and after the firft day of January next, and, all die profits

arifirig therefrom ftiall be, and the fame is hereby appropriated to and for the ufe of

the academy of Richmond county.

; 3. And be it further enabled, That no other ferry or bridge between Wallican's

ferry oppofite Fort Moore's bluff, and Ray's ferry oppofite Campbleton fhall be'fef-

tablifhed or permitted on any pretence whatever, during the continuance of the right

of the faid commiffioners and their fucceffors in office to the privilege hereby vefted

in and confirmed to them.

commission- 4. And be itfurther enacted. That the faid Abraham Jones, George Graves, James

ISnmSnws Perrie, Lewis Harris, and James Fox, and their fucceffors, are hereby required to

ac' adSn'y'ti''ce

pay over to the commiffioners of the Richmond academy, or their fucceffors in of fice, all balances remaining in their hands, after deducing all expences and charges

which may accrue in keeping the faid ferry, in manner and form aforefaid, on the'

FIREARMS,

...

fir ft day of January in every year, during the term they are hereby veiled with a right to keep the fame; and allb depofit with the f'aid commiffioncrs of the academy abatement of their accounts, (hewing the balances paid over as aforefaid: Provided, SM! Ki&i boat' That the commiffioners herein named (hall, previous to their entering upon the du- Sth.led gjovmer,ntyort.* ties herein requefted of them, give bonds to his excellency the governor, for keeping the aforefaid ferry, according to the true intent and meaning of this acl.
5. And be itfurther enatted, That in cafe of death, reiignation or removal of ei- yaarfa,- fa ther of the faid commiffioners, it (hall be and is hereby made the duty of the juftices tobch"c4' of the inferior court of the county of Richmond, to fill fuch vacancy or-vacancies.
6. And be it further matted, That this &Q. (hall be deemed, adjudged and taken nw.-ca*.-
to be a public act, and (hall be judicially taken notice of as fuch by all judges, judi ces, and other perfons whatfoever, without fpecially pleading the lame.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Affentecl to December 5, 1800. JAMES JACKSON, Governor.

FIRE ARMS.
An aft for the letterfecurity of the inhabitants by obliging the male while perfons to car ry fire arms to places of public worfhip.
W HEREAS it is necefTary for the fecurity and defence of this province from in- We.,ral)ie. ternal dangers and infurre61ions, that all perfons reforting to places of public worfhip (hall be obliged to carry fire arms.
1. Be it enabled, That immediately from and after the paffing of this aft, every male AH maiewini white inhabitant of this province, (the inhabitants of the fea port towns only except - car'^Suo ed who (hall not be obliged to carry any other than fide arms) who is or (hall be lia- ffir^e^en ble to- hear arms in the militia, either at common rnufters or times of alarm, and re- Hngs""TM 4'1" forcing, on any Sunday or other times, to any church, or other place of divine worfliip within the parifh where fuch perfon (hall refide, (hall carry with him a gun, or a pair of piilols, in good order and fit for fervice, with at lead fix charges of gun-pow der and ball, and (hall take the faid gun or piftols with him to the pew or feat, where fuch perfon (hall fit, remain, or be, within or about the faid church or place of wor(hip, under the penalty of ten {hillings for every negleft of the fame, to be recovered H<wt0 her,* by warrant of diftrefs and fale of the offender's goods, under the hand and feal of any ^r.edimd "^ juftice of the peace for the parifh where fuch offence is committed, one half to be paid into the hands of the church Wardens, or where there is no church wardens, to any juftice for the ufe of the poor of the faid parifh, and the other half to him or them that (hall give information thereof.
2. And for the better and more effectual carrying this a& into execution, Be, tt^^TM^ further enabled, That the church warden or church wardens of each refpeftive parifh, 4IoiiiP8 and the deacons, elders or feleft men, of other places of public worfhip, (hail be obli- ^a^mfiai ged, and they are hereby empowered to examine all fuch male perfons, either in or about fuch places of public worfhip, at any time after the congregation is affembled,
on Chriftmas and Eafter days, and at leaftHtwhelve other times in ever/y /year, _andif,*up..

FIRE COMPANY.

on finding any perfon or perfons liable to bear arms, and being then to places of

public worfhip as aforefaid, without the arms and ammunition by this act directed, and

lhall not, within fifteen days after fuch offence is committed, inform againft fuch per

fon or perfons fo offending, in order to recover the penalty as aforefaid, fuch church

warden or church wardens, deacons, elders, or felect men, {hall, for every fuch neg

lect of duty, or giving information as aforefaid, forfeit and pay the fum of five

pounds, to be recovered and applied as in this aft is before directed.

Persons refu 3. And be itfurther enatfed, That any fuch perfon or perfons thus liable to bring

sing to be ex amined to for feit ten shil

their arms, and being at any church

or

place

of public

worfhip,

as aforefaid, that

lings, to he re covered and up*

(hall

refufe to

be

examined in

or about

fuch

places of public

worfhip,

or

neglect,

on

plied as afore said.

demand of the church warden or churchwardens, deacons, elders, or felect men ref-

pectively, to produce and fhew his or their arms and ammunition by this act required

to be brought by fuch perfon or perfons, to the intent it may be known whether the

fame be fit for immediate ufe and fervice, fuch perfon or perfons fo refilling or neg

lecting fhall feverally, and for every fuch offence, forfeit the fum of ten fhillings, to

be recovered and applied in fuch manner as the penalty for riot bringing fuch arms in

and by this act directed.

Continuation. 4. And be itfurther enabled, That this act mall be and continue in force for and du

ring the term of three years, and from thence to the end of the next feffion of the

General Affembly, and no longer.

N. W. JONES, Speaker.

JAMES HABERSHAM, President,

JAMES WRIGHT.

February 27, 1770.

.FIRE COMPANY.

An att to authorize raijlng and ejlablifliing afire company in the city of Savannah^ and one in the town of Augujta.

W preamble.

HEREAS the citizens of Savannah, have provided two fire engines for the ufe of the faid city, and the inhabitants of the town of Augufta intend alfo

to provide another engine in addition to the one already provided by them for the

ufe of the faid town :

A fire company 1. Be it therefore enaBed by the Senate and, Houfe of Refrefentalives of the Jlale of

established in the city of

Georgia, in General AJJ'embly met.

That it fliall and may be lawful for any number of

Savannah. perfons not exceeding thirty, who fhall be citizens of this ftate and inhabitants of the

city of Savannah, to form and aflociate themfelves together as a fire company, un

der the ftyle and denomination of " The Fire Company of the City of Savannah,"

Their officers at any time after the pafling of this act, and they are further authorized to elect from

ta be elected

commission ed.

among themfelves,

in like manner as provided in the militia law, officers to command

them, not exceeding four, who fliall be commiffioned by his excellency the governor.

Another estab 2. And be it further enabled, That it fliall and may be lawful for any number of

lished in Au gusta,

perfons not exceeding thirty, who fliall be citizens of this flate and inhabitants of the

town of Augufta, to aflociate and form themfelves into a fire company in like man-,

Officered in ner as above, under the ftyle of " The Augufta Fire Company," who fhall elect !Us,s manner. from among themfelves any number of officers, not exceeding four., to command

-FOREIGNERS. *

faid company, which officers {hall be commiffioned by his excellency the governor.
Q. And be it further enacted, That the officers and men of the faid fire company J^w^ fiall be exempted from militia, duty, except in times of aftual invafion, infurreStion duty.1"""*

or alarm.

.

. 4. And be it further enacted, That the recorder or city treafurer, marina! of the otherexcm

faid city, the meffenger and clerk of the council, and the city conttabie be, and they S^ 11

are hereby exempted from milkia duty, except in cafes of invafion, indirection

or alarm.

THOMAS

NAPIER,

Speaker of the Houfe of

. Representatives,

BENJAMIM TALIAFERRO, Prefident of the Senate.

GEORGE MATHEWS, Governor.

December 29, 1794.

FOREIGNERS.

An aftfor the fecurity offoreigners who may lend money at intereft, on real ejlates,

* ^ TITHEREAS the borrowing of money on intereft from foreigners may bene- Kcamwe.
V V fit this ftate, and it is but reafonable, that any foreigner lending money fhould be fecured on real eftatss by way of mortgage, and at liberty to inftitute fuits for the recovery of all fums, as well principal as intereft, fo loaned: Be it enabled by Foreigners a the refrefentalives of .the freemen of thejtate of Georgia in General AJfembly met, an^ t0ff^m^
by the authority of the fame, That it {hall and may be lawful for every and all perfons, ^iluttod being aliens, to lend money at an annual intereft of feven per centum, on freehold ^oftllis or leasehold fecurity, by way of mortgage, on any eftate within this ftate, and fuch money, whether the kingdom or ftate of which fuch money-lender is a fubjecl or alien, ihall be at peace or in war with the United States, to recover, fue for, by attornies
or otherwife, in the courts of this ftate, 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 cofts of fuit, as is common with the citizens of this ftate, (except fuch foreigner be entitled to the right of entry or afl,ual poffeffion of
any fuch mortgaged premifes by purchafe, or by any procefs for foreclofing any .equity of redemption, by order of any coujt whatever) any law or cuftom to the contrary notwithstanding.

2. And be it further enacled. That this acl mail be, and is hereby declared to be^uca*.

a public aa3 and ftiall be judicially taken notice of as fuch in the courts of record

jn this ft.ate, ,



..

Savannah, February gi., 1785.

JOSEPH HABERSHAM, Speaker.

4n act to enable the fubjetts of his mojl chriftian majejly, to transfer andfettle fuch of their ejlates and property as is or fhall happen to fall within thisjlate; and alfo to perfect the grant of twenty thoufand acres of land in thisjlate^ to the vice admiral the count DEftaing, and to encourage the fettlement thereof,
^ \V HEREAS the conrefs of the United States of America, on the fourteenthFramu ? V day of January, one thoufand feven hundred and eighty, did refolve3 That

" FORGERY.

it be recommended to the legislatures of the aforefaid United States, to make provi-

fion, where not already made, for conferring on the aforefaid fubjecls of his rnpft

chriftian majefty, the privilege of difpofing and fettling their eftates agreeably to the

form and fpirit.of the thirteenth article of the treaty of amity and commerce between

his moft chriflian majefty and the United States of America: Be it therefore enaffed

by the reprefentatives of the freemen of the {late of Georgia in General Affemlly met,

and.by the authority of thefame, That the fubjeeis of his moft chriftian majefty {hall

be, French subjects
-enabled to dis

and they are hereby empowered to transfer and difpofe

of fuch of their eftates and

pose ofi'heir cs- property as {hall happen to be within the limits of this ftate, and that the eftates and

property of fuch of laid fubjefts as are or may be deceafed, and who were not citi-

laws of France.

zens And said sub-
jedls entitled to

ft ate' Dein g within the ftate, fhall defcend to and become the eftate of

t?ie ne'rs and legal reprefentatives of fuch deceafed perfon, according to the laws,

treaty. ufage and cuftom of the kingdom of France relative thereto, and, fuch eftate fo de-

fcending {hall and may be fettled agreeably to the laws that are or fhall be made

relative thereto, without being obliged to obtain letters of naturalization; and that

the aforefaid fubjets of his moft chriftian majefty {hall have, hold and enjoy, on their

part, within this ftate, the privileges and immunities mentioned in faid articles of

treaty, according to the form and fpirit thereof. ,

Twenty moil- 2. And whereas the General Affembly of this ftate refolved, that grants of twenty

ffl KviStcd thoufand acres of land mould iffue to the vice admiral the count D'Eftaing, in tefti-

. i-nony of their refpett for his meritorious fervices, Be it therefore enatted. That the is vested with vlce adi mirali .tihe count D Eiintamg lbe, and1h1e*is1hereb1 y empoweredi andiqi uar lifii ed to

receive and hold the grants of land aforefaid, and he is hereby admitted to all the

privileges, liberties and immunities of a free citizen of this ftate, agreeably to the

constitution.

French snhje< 3. And (to encourage and promote the fettlement of the faid land) Be itfurther en-

a8ed, That any perfon or perfons, being a fubjecl of his moft chriftian majefty, who $?flti. * is properly introduced, with a defign to become an inhabitant of this ftate, fuch perfon

or perfoiis, mail after three years' refidence, or in cafe of intermarriage, with a citizen

of this ftate, or either of the United States, after one year's refidence and taking the

oath of allegiance and fidelity, be admitted to all the liberties, privileges and immuni

ties of natural born citizens of this ftate, any law, ufage or cuftom, to the contrary not-

withftanding.

By order ofthe Houfe.

JOSEPH HABERSHAM, Speaker.

Savannah, February 2a5 1785.

FORGERY.

An ac~l for the more effeElually preventing and puni/liing forgery.

1. T3 E IT ENACTED by the Senate and Houfe of Reprefenta-tives of the Jlate of

To forge ccr- A3 Georgia in General AJfembly met, That from and after the paffing of this at,

uin instru ments and pa

if any perfon or

perforis 'mall falfely make,

forge,

alter or counterfeit,

or caufe or

procure to be falfely made, forged, altered or counterfeited, or willingly aft or affift

in the falfely making, forging, altering or counterfeiting any audited certificate, iffued

by the auditor general, or any order or warrant iffued by his excellency the governor,,

FRAUDS IN SELLING BEEF, PORK, PITCH, &e.

245

^or ihe honorable the prefideht of the Senate, or fpeaker of the Houfe of Reprefenta-

tives of this (late, on the treafurer thereof, for any money or other thing, or any

warrant for land iffued bv the juftices of any land court within this ftate, or any cer

tificate, draft, warrant or order from any of the public officers of this itate, iffued

under, or by virtue of any at or refolve of the General Affembly, or any deed, will,

teftament, bond, writing obligatory,.bill of exchange, promiffory 'note, or order for

money or goods, or acquittance, or receipt for money or goods, or any endorfe-

ment or alignment of any bond, writing obligatory, bill of exchange, promiffory

note, or order for money or goods, with intent to defraud any perfon or perfons

whatfoever, or fhall utter or publifh as true, any falfe, forged, altered or counter-^1?" 0'

feited audited certificate, governor's, prelident's, fpeaker's, or other public officer's samcasmie-

certificate, draft, warrant or order, fo as aforefaid iffued under or by virtue of any

aft or refolve of the General Affembly of this ftate, or any deed, will, teftament,

bond, writing obligatory, bill of exchange, promiffory note, or order for money or

goods, or acquittance or receipt for money or goods, or any endorfement or align

ment of any bond, writing obligatory, bill of exchange, or promiffory note, or or

der for money or goods, with intent to defraud any perfon or perfons whatfoever,

knowing the fame to be fo falfely made, forged, altered or counterfeited, every fuch

perfon or perfons fo offending, and being thereof convifted according to the due g^recuo^

courfe qf law, he, (he or they {hall be deemed guilty of felony, and fuffer death^ie 'itofdcr-

\vithout the benefit of clergy.

2. And be it further enatted, That if any perfon or perfons {hall falfely make, Toforgcan<,

forge, utter or pafs any bafe metal as gold or filver coin, within this ftate, knowing d'Sa?Stict>els

the fame to be falfe, bafe or forged, and being thereof conviQed, {hall fuffer (|eath toe'TM" f~

without the benefit of clergy.

\

WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.

BENJAMIN TALIAFERRO, Prefidcnt 0} the Senate.

Concurred December 14, 1792.

EDWARD TELFAIR, Governor.

FRAUDS IN SELLING BEEF, PORK, PITCH,
An aff to preventfrauds and deceits, in felling beef, pork, pilch, tar, turpentine, and firewood.
i.TTI 7HEREAS the preventing frauds and deceits in packing of beef and pork and VV in felling pitch, tar, turpentine and firewood, will greatly increafe the ere- Pl'eMtubte.
dit and repute of thofe commodities of this province, and alfo be for the particular benefit and emolument of the purchafers or exporters of the fame : Be it therefore enaSed, That from and after the firft day of February next, all and every cafk or cafks, in which any beef or pork mail Be packed and expofed to fale within this pro vince, fhall be made of found, dry, and well feafoned white oak timber, free from fap, the heads as well as bodies of which cafks fhall be made tigiu fo as to hold pickle, and the faid cafks fhall be proved, before the fame fhall be packed with any beef or pork, and fhall gauge thirty gallons.
2. And be itfurther enatted, That from and after the faid firft day of February afore- Ea beef, faid, every barrel of beef or pork packed and fold, or expofed to fale in this pro- &> to ctmtr'.iri
ymce, fhall contain two hundred pounds weight of wholefomc, well cured meat in"0'"

M6

FRAUDS IN SELLING BEEF, PORK, PITCH, tfc.

the fame, after being ten days faked and well,packed with fait and pickle, and not.

more than one {hank, one fhin, and one half of the neck, and no head in each

&c bythc\n. barrel of beef, and riot more than two heads in each barrel of pork; and-the fame

{hall be weighed and inspected by fome of the packers and infpeclors herein after

mentioned, who {hall brand the fame with his refpeclive brand.

n.utev'peTaUy4 3- And be it further entitled, That from and after the faid fir ft day of ; February

ih.ir"ty "'"'" aforefaid, no merchant, factor, trader, or other perfon, fhall fhip for exportation

on board any Ihip or veffel whatever, any beef or pork for a foreign market, be

fore the fame be packed by fome packer or infpector of the port or place where the

fame is intended to be fhipped, and by the -faid packer and infpector branded, under

pain of fuch perfon fo {hipping, forfeiting the fum of twenty fhillings fterling for

every fuch calk fo fhipped, to be recovered and applied as herein after directed.

4. And be itfurther enatted, That from and after the faid firft day of February

iT'ocoS' aforefaid, every barrel of pitch which fhall be made and fold in this province, (hall

anrdtwCTty- d contain three hundred and twenty-two pounds grofs .weight, and the ftaves of the

twopounds j^jd barrels not to exceed half an inch in thicknefs; every barrel of tar made and

fold as aforefaid, fhall contain at leaft thirty-two gallons, clear of dirt, drofs, chips

tiiwytwonga" or water; and .every barrel of turpentine fo made and fold as aforefaid, fhall weigh

i'urpentineto four hundred and fixty pounds grofs, clear of dirt, fand or water; and that no'mcr

jinmiredami chant, factor, trader, or other perfon whatever, fhall {hip, or put on board any fhin spixStynspsoiuinid-s or ve "r-re''i5 rror exportation frrom th, is provin'ce, any tar, pi tchi or turpentine, bien fore',the

S'lS'foSfiTC 'ame i-s marked by fome packer or infpecior, under pain of forfeiting, for every bar-

?y'b"rre[(eve" re^ fo fhipped, the fum of five {hillings fterling, to be recovered and applied as herein

after directed.

i

5. And be it further enabled, That if any fraud or abufe mall be fufpecled in any

openSo"?Ls-e barrel or barrels of pitch, which fhall be brought to market, or expofed to fale, the

picumofftaua. per ron wrio {[^\\ treat for the purchafe of fuch pitch, {hall beat liberty to cut open

as many barrels of the fame as he fhall think proper, which {hall be liable to be view

ed, judged and forfeited, as herein after directed, and where any pitch fhall be con-

SdasCfAdn- demned as fraudulent, by the perfon or perfons empowered to view and judge the

fStedTand'aiso fame, all fuch condemned pitch fhall be forfeited and fold by the treafurer and appli-

cJtehs'barrefsfor ed to fuch ufes as is herein after directed, and the owner or perfon expoling fuch pitch

condemned, to ca jej ^.jj] &\fo forfei t tne fum of five (hillings fterling, for each barrel fo fraudtir

lently brought to market, and expcfed to fale, and the fame may be recovered againfl

him, as is provided by the aft, for the more eafy and fpcedy recovery of i'mall debts

and damages, and fhall be applied to ufes as herein after directed, .Provided always^

That when any pitch fliall be ordered to be cut open as aforefaid, without the content

proviso. of the owner, or perfon offering, or expofmg the fame to faie, the fame /hall be done

at the rifle of the perfon who Ihall caufe fuch pitch to be fo cut open (thai; is to fay)

if fuch pitch fhall not be condemned as fraudulent, by the perfon or peribns empow

ered to view and judge the fame, that then the perfon who caufed the pitch to be fo

cut open and examined, fhall take to himfelf every fuch barrel fo cut open, and which

Ihall not be condemned, as aforefaid, and Ihall pay to the owner or perfon offering

the fame to fale, the current fum or price, which good pitch fhall then bear at that

port or place, any thing herein contained to the contrary notwithftanding.

6. And be itfurther tnacled. That fuch perfons as fhall be appointed packers or.

jSm'tobe infpectors, by ordinance*, or otherwife of the governor, council and Commons

iw01 "' Houfe of Aflembly, in General Affembly met, fliall be, and they are hereby di

refted ? before they enter into the execution of their offices, {"eve-rally and rcfpectiyely,

FRAUDS IN SELLING BEEF, PORK, PITCH, 6?c.

247

to take the following oath, before fomejuftice of the peace, for the parifli where fuch

port fhall be, who {hall grant fuch packer and infpector a certificate thereof: " I, A.

E. do folemnly fwear, that I will faithfully and impartially execute the bufinefs and Then-oatn.

duty of a packer and infpeftor, in the town and port of

to the belt of my

{kill and judgment, without favor or prejudice, and without any delay, agreeable to

an aft of the General Aflembly of this province, entitled " An aft to prevent frauds

and deceits in felling beef, pork, pitch, tar, turpentine and firewood. So help me God."

7. And be it further enacted, That the packers and infpeftors fo to be appointed^

{hall receive for their trouble from the feller or owner of any beef, pork, pitch, tar, i^pcaorsss*

or turpentine, the fum of fixpence for every barrel of beef or pork, and the fum of

twopence for^ every barrel of pitch, tar, or turpentine, which they fhall view, jnfpeft,

marker brand, as aforefaid. And the faid packers and infpeftors, are hereby feveral-

ly.direfted to have and.make ufe of a feparate brand, with the initial letters of the name Must bramun

of fuch packer and infpeclor, and in cafe of refufal or negleft, to do and perform any ^'^^

of the duties by this aft required to be done and performed by fuch packer and infpec- of ten pounds,;

tor, he or they fo refilling or neglecting, after he or they, {hall have accepted fuch of

fice, {hall for every fuch offence forfeit the fum often {hillings.

8. And be it further enabled, That if any packer or infpeftor, {hallmark or brand

any beef, pork, pitch, tar or turpentine, not weighing or containing the weights or mea- f^TM;,*^

fures, direfted by this.aft, fuch packer or infpeftor fhall, for every barrel fo marked or *TMSm;bTef,

branded, forfeit the fum of forty millings llerling, to be recovered and applied as here- ^ lmrovcv-

in after direfted.

Q, And whereas many frauds are committed in the fale of firewood, Be it further

enacted by the authority aforefaid,. That from and after the firft day of February afore- Firewood .size

faid, every cord of firewood which {hall be fold in this province, {hall meafure eight"

feet in length, four feet in height, and four feet in breadth, and in cafe any perfon or

perfons whatever, having any firewood fold and delivered them by the cord, as afore

faid, fhall fufpeft a. deficiency therein, fuch perfon or perfons, mall and may

apply to any of the packers and infpeftors to be appointed as aforefaid, to cord and

meafure the fame; and in cafe any deficiency {hall appear, the perfon or perfons fel

ling the fame, {hall for every cord that {hall be fo deficient, forfeit the fum often {hil

lings ; and the packer and infpeftor meafuring the fame, {hall be paid the fum of fix- SquSu^

pence for every cord fo meafured by the feller thereof, in cafe of deficiency, and in cafe forfeit's sh-n-

no deficiency {hall appear, then to be paid the fum of fixpence by the perfon or perfons Scord.vcry applying.

10. And be itfurther enatted, That all the fines and forfeitures by this aft inflift-

ed, fhall be recovered, upon proof of th'e offence, before any juftice of the peace Fine8 tn be. for the parifh where the fame ihall be committed, by warrant under the hand and fealjSkS'^'

of fuch juftice, direfted to any conftable of the faid parilh, and be to the informer. CKfm?0

11.- And be itfurther cnaEled, That this aft fhall continue and be in force for aridTM0''

during the term of three years, and from thence to the end of the next feffion of the

General Aflernbly, and no longer.*

Continuation

of this aft.

By order of the Upper Houfe.

JAMES HABERSHAM, Prcfidtnt. -', By'order of the Commons Houfe of Affembly.

Council Chamber, March 6, 1776*.

ALEXANDER WYLLY, Speaker.

Aflented to.

JAMES WRIGHT.

* Revived and continued Indefinitely by afts of 1783 and 1784.

248

-GAMING,

An abi for amending an $, entitled "An act to prevent frauds and deceits infdtin^ beef., pork, fitch, far, turpentine and firewood,"

Preamble.

HERE AS, the aft of the General Affembly paffed the fixth clay of Marchj

in the year of our Lord, onethoufand feven hundred and fixty-fix, entitled

" An aft to prevent frauds and deceits in felling beef and pork, pitch, tar, turpentine

and firewood, is found to be deficient in refpect of the regulations therein directed, as

Barrels of to the packing and infpectmg beef, and pork, for remedy whereof, Beitenatted, That

tveef and pork to contain thir

from

and

after

the

firtt

day

of

May

next

enfuing,

every

barrel

in

which

beef,

or

pork,

ty-two gallons. {hall be packed and expo fed for fale in this province, fliall contain and gauge thirty-

two gallons, and be made of feafoned timber, as directed by the (aid recited aft, and

fliall have on-each barrel, not lefs than twelve found and fufficient hoops,

And (hall

2. And be it further enacted, That from and after the faid firft day of May, every

Wi-igh two .hundred and

barrel of beef, or pork, packed and fold in the province, (hall contain two hundred

twenty pound and twenty pounds weight, of wholefome well cured meat, in the fame, after being fait,

ed at lealt ten days, and carefully packed with a fufficient quantity of dry fait, and

well pickled, and not more than one (bank, half the neck, and no head, in each barrel

of beef, and not more than two heads in each barrel of pork.

AndbeV-randed 3. And be it further enabled. That the brands to be ufed by the feveral packers and

wttli the name

of the qf th

pirifli, & inspeft-

tnfpeftors,

according

to

the

directions

of-the

faid

aft,

fliall

have

the

name

of the

par-

or.s- at full length*

ifh where the beef or pork is infpefted under that of the province, and alfo the names

oi the infpeftors at full length; and fuch infpeftors and packers are hereby directed

to f'urnifh themfelves with Rich brands, and to brand the feveral barrels of beef and

pork by them infpefted, on the head, according to the directions of, and under the

penalty in the faid aft mentioned and inflicted.

Continuation 4. And be it further enatted, That the before recited aft, and this aft, fliall conti of this atl. nue and be in force for and during the term of three years, and from thence to the end

of the then next fcilion of the general aflembly, and no longer, any thing contained in

the laid recited aft to the contrary notwithstanding.

By order of the Commons Iloufe of A (Terribly.

NOBLE W. JONES, Speaker.

By order of the Upper Houfe.

JAMES HABERSHAM, Prcfdent*

Council Chamber, 24th December, 1768.

Affented to. JAMES WRIGHT.

GAMING.
An a$ to fitpfrefs lotteries^ and prevent other exceffive and deceitful gaming*
i. If If 7HEREAS many good and wholefome ftatutes of Great-Britain have, from y V time to time, been enacted and eftablifhed to prevent lotteries and gaming,
and great mifchiefs are daily found to arife from fuch praftices, both to trade and the community in general, as many idle, loofe and diforderly perfons find means thereby to fupport themfelves in a diOioneft, difiblute courffe of life, and the younger fort of people, and others, are frequently drawn in and deceived, to the lofs of their time and ruin of their fortunes;, Be it therefore enaledt That from and after the

GAMING,

.

249

mffinir pLjlAatMy.eiidK.,

of this wd*raw* n,

act, if any perfon or or t7hrownjati, or fhaltli

perfons caufr>e or

fliall erect, pro cure to

fet up,; or expofe to be b1 e erear\ed\, fret up, e'xpolfedJ

KSf" tsnmail fo^rfeit ivfv

to be played, drawn, or thrown at, any lottery, under the denomination of a fale, or loun

fales of houfes, lands, plate, jewels, fliips, goods, or other things, or for money, or

any undertaking whatfoever in the nature of a lottery, by way of chances, either by

dice, lots, cards, numbers, figures, or tickets, or Ihall make, print, adverdfe, or pub-

lifh, or caufe to be made, printed, advertifed5 Or publifhed, propofals or fchemes for

advancing fmall fums of money, by feveral perfons, amounting in the whole to large

fums, to be divided among them by chances of prizes, or fhall deliver out, or caufe,

or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle

them to a fliare of the money fo advanced, according to fuch propofals or fchemes, or .

fhall expofe to fale any houfes, lands, plate, jewels, fliips, or other goods or chattels,

by any game, method or device whatfoever, depending upon, or to be determined.by

any lot or drawing, whether it be out of a box or wheel, or by cards or dice, or by

any machine, engine, or device of chance of any kind whatfoever, or fliall be adven?

turers in, or pay any monies or other confideration, or any ways contribute unto any

of the faid games, lottery, or lotteries, fale, or fales,, fuch perfon, or perfons, and eve

ry, or either of them, on being ^convicted thereof, ;on the oath., or oaths of one or more

credible witnefs or witnefles, or on the confeffion of the party or parties accufed,

fhall forfeit and lofe the fum of five hundred pounds, lawful .nioney of .ibis province, to

be recovered by a6tfon of debt, or information, in the general court of pleas, the one

moiety of fuch forfeiture to be to his majefty, for the fupport of the government of

this province, andthe other moiety to the informer : And all, and every fuch fale, or ?ales> %f_ 6&

fales of hoiiies, lands,, plate, jewels, fliips, goods, and other things, by any game, lot- cl*redvoid-

tery, or lotteries, machine, engine,.or device whatfoever^ depending upon, or to be

determined by chance, or lot, fhall j arid are hereby declared to be void, to all intents

andpurpofes; and whatever fliall be fo fet up, and expofed to, fale; fliall be forfeited.Amieverr

to fuch perfon or perfons who fliall fue for the fame, by aftipn, bill, plaint, or infor- <3&tofs<&'

imation, in ; his majeftys general court of plea$ of this province, whe.rein no effbign, pro-"

te&ion,wager of lawj or more than one emparlanee, fliall be allowed; And in cafe of

any offender .againft.this aft, not,having fufriciem goods and chattels, whereon to le-:

vy the penalty;hereby inflicted, or not immediately paying the faid penalty, or giving

Security for payment thereof, it,fhall and may be lawful for the juftices, before whoni

fuch perfon or perfons fhall be convited, tq commit him or them to prifon, there to

Continue and remain for anytime not exceedingtwelvernonths*

^ 2, YAndbeitenatted, That from^.aiid. after tl^e^^^paffing of; this aft, all bills, .bonds,

judgments, mortgages, notes of hand, ;or other;fecurities,, or conveyances whatfoever, lc"givento Se>.

given, granted, .drawn,;or entered into, qr^executed by any perfon or perfons what- SlfvS,

foever, wher^the confideration of fuch conveyance or fecurities fliall be for any mo

nies or other Vfilua!?le th.iqgs whatfoever, won by gaming,-or playing at cards, dice,

tables,.tennis, bowlsj or other game or games, bet or bets, chance or chances of any

kind whatfoever, or, by-betting on the fidesor hands of fuch as do game at any of the

games^aforefaid, or : for reimburfing :or repaying any inqney. knowingly lent or ad

vanced at thetime and.:placer;of luch play to any perfon or perfons fo gaming or bet

ting as aforefaid, or who fliall during fuch game;fo play q.r bet, fhall be utterly void

and of none effeci to allintents and purpofes whatfoever, any flatute or uia^e to the

contrary t)iereof; notwithftanding.; < ;ani lwhere{lich mqrfgages, fecurities, or other

conveyances, fliall be of lands,; tenements, or hereditaments, or Ihall be fuch

. . . :; .:; . :. I i .. .

.

GAMINCX .

her or afiel the fame, fuch mortgages, fecurities, or other conveyances, fhall inure

and be to and for the fole ufe and benefit of, and fhall devolve upon fuch perfon or

pertons as fliould or might have, or be entitled to fuch lands, tenements, or heredita

ments, in cafe the fa id grantor or grantors thereof, or the. perfon or perfons fo encum

beringthe fame, had been naturally dead, and as if fuch mortgages, fecurities, or other

conveyances, had been made to fuch perfon or perfons fo to be entitled after the de~

ceafeofthe perfon or perfons fo encumbering the fame; and all grants and convey

ances to be,'made'for the preventing fuch lands, tenements or hereditaments, from

coming to, or devolving upon fuch per-fan or perfons hereby intended to enjoy the

fame as aforefaid,- mall be deemed fraudulent and void, and of none ellecl,

Money lost at 3. And be it-further enatted^ That any perfon or perfons whatfpever, who at any gaming how-to time or times, fitting or fittings, within the fpace of twenty-fosr hours, by playing

at cards, dice, -tables, -or other game or games, or by betting on the (ides or hands

of fuch as do play at any of the games aforefaid, fhall lofe to any one or more per

fon or perfons fo playing'or betting, in the whole, the furri or value of five {hillings-

lawful money of 'this province, 1 and fhall pay or deliver the fame, or any part there

of, the perfon or perfons fo lofing and paying or delivering the fame, ihall be at li

berty, within three' months then next following, and not alter, to fue for and'reco

ver the monies or goods fo loft and paid OF delivered, or any part thereof, frorn the

refpeftive winner or winners thereof, with eofts, by a warrant from a juftice of the

peace, in nature of a warrant for debt, founded on this aft, in cafe the monies ot

goods fo loft and paid or delivered, mall not exceed the valueof eight pounds law

ful money of this province; and in cafe the monies or goods fo loft; and paid or de

livered, ihall exceed that fum, the -lofer fhall and may recover the fame from the1

winntr or winners, with cofts, by aftion of debt,' founded on this aft, to be profe-

cuted in his majefty's general court of pleas in this province; in which fuit no effoign,

protection-, wager of law, privilege, or, more than one emparlance, fhall be alloweds

and, in which a6tion-ori-fuif it,fhall be fufficient for the plaintiff to . alledge, that the

defendant or defendants-are indebted to him, or received to the plaintiff's ufe the

monies fo loft and paid^ or converted the gx>ods%oni of'the plaintiff to the defend

ant's ufe, whereby the 1 plaintiff's aelion accrued to him according to the form of

this aft, without fetting forth any fpe'cial matter; and in cafe the perfon or perfons

who fhall lofe fuch money or other things as aforefaid, fhall not, within the time pre-

fcribed, really and bondjide fue, a'r'id with'effeft profecute for the monies or othex'

things fo by him or them loft and paid or delivered as aforeTaid, it fhall and may be

lawful to and for any perfon o:r perfo'ns; by1 any 'fvi'ch aft/ion or fuit as aforefaid, to

fue for and recover the fame,- with Mfcbfls of fuit, again ft fuch winner or winners

as aforefaid, uraefs fuch winner or winners:, 1 within teii days a^fter the ^winning' fuch

money or things, fliall repay or Tedeliver to the 1ofer: fuch fti'ohey or1 thihgs fo won

and delivered to the-lofer as aforeiaid;, together with fuch : cofts of fiiit as may have

accrued before the repayment or redelKery of fuch money or thing, the one moiety

of the money or thing fo recovered, fhall be to the ufe of the'perfon or perfons

(other than the perfon lofing) who fhall fue for the fame, and the other moiety to

the ufe of the poor of the parifh where the offence fhall be co'mraitted.

Gamesters sued to recover back

4. And for the better difcovery of the monies or things fo won and received, arid

money won by gaming; com-

to

be

fued

for

and recovered

as

aforefaid,

It is hereby further ena&ed,

That al! and

yeliecl to disco ver the !-

every the perfon

or perfons,

who

by

virtue

of'

this

prefent

aft

fliall

or may

be liable

mount on oath. to be fued for the fame, fhall alfo be obliged and compellable to anfwer upon oatri

fuch bill or bills in. equity as fliall be preferred againft him or them, for diicovering

'1

GAMING.'

.

fine fum or fums of money or other things fo won and received at play as aforefaid; Provided nevertheless., That upon the difcovery and repayment of the money or other thing fo to be difcovered and repaid as aforefaid, togetherwith the cofts that may have accrued, fuch'perfon or perfons fhall be acquitted, indemnified and difcharged from any further' or other pimiihment, forfeiture or penalty infliQed by this aft.
5". And be it cnafad, That if any perfon or perfons whatfoever, at any time or^ times after the palling of this, aft, by fraud, Ihift, cozenage, circumvention, deceit &,, or unlawful device, or ill prattice whatfoever, in playing at or with cards, or dice, fouvfo14' or any of the games aforefaid, or" in bearing a (hare or part in the ftakes, wagers or adventures, or in or by betting on the fides or hands of fuch as do or fhall play as aforefaid, do or fhall win, obtain or acquire to him or themfelves, or to any other or others, any fum or fums of .money or other valuable thing or things whatfoever, then every fuch perfon or perfons fo winning by fuch ill practice as aforefaid, being conviQed thereof, upon an endiftment to be exhibited againft-him or them for that. purpofe, fhall forfeit four times the value of the (urn or fums of money, or otherthings fo won as .aforefaid, to the^perfon or perfons profeeuting, and alfo fhall fuffer fuch corporeal p.unifliment as the court before whom* he fame ihall be tried (hall think fo to in flitl, not extending to the lofs of life or member.
6. And for 'preventing fuch quarrels as; (hall or may happen upon the account gaming, Be it-farther enacted, That in cafe any perfon or perfons, upon account any money won by gamin gy playing or belting at any >of the games aforefaid, f afla'ult and beat, or challenge or provoke to fight any other perfon or perfons, fuch imi'ris perfon or perfons fo affaulting, beating, challenging^ provoking to fight, on being thereof; convifled,. upon an endiQment or infor-mation to be 1 exhibited againft him or them for that purpofe, fhall forfeit to his majefty, his heirs and . fucceflbrs, the fum of twenty pounds lawful money of this province, : for the- life of the faid province, and fliall alfo fuffer imprifonment, not exceeding fix- months, without bail or mainprize,
7. And: whereas, the occupiers of many licenfed public houfes, and of other houfes Tavcrn wherein liquors are fold, frequently fuffer gaining therein, and apprentices, overfeers,, fil^' journeymen, laborers and fervants, by means thereof, not only : mifpend their time, but are often reduced to poverty arid diftrefs, Be it therefore- matted, That from and after, the fir ft day of June next, after the pairing of this ael, if any perfon or per fons licenfed to fell any forts of liquors, or who fliall fell or fuffer the fame to be fold in his, her or their houfe or houfes, or in any out houfes, grounds, or apart ments, thereto belonging, fhall knowingly fuffer any gaming with cards, dice, draughts, muffle boards, billiard tables, (kittles, nine-pins, or at or with any other games, or implements of gaming, in his, her, or their houfes, out houfes, ground, or apartments thereunto belonging, by any apprentices, overfeers, journeymen, la* borers or fervants, and fliall be convicted of the faid offence, or their own confek fjon, or on the oath of one or more credible witnefs or wilneffes, (exclufive of the per fon giving information thereof) before any juftice or juttices of the peace of the parj(h orplace where the offence fhall be committed, within thirty days after fuch offence, Ire, fhe : or 'they, fo offending, fhall forfeit for the firft offence the fum of twenty (hil lings lawful money of this province, and for every like offence he, (he or they, fhall be afterwards .convifted of the fum of 'forty, (hillings, to be levied by diftrefs and fale of the offender's goods, by warrant from the- juftice Or juftices, before^yhom fuch of fender or offenders fliall be conviaed; one moiety of which faid forfeitures fhall be paid to the church wardens and veftry of the parifh or place where the offence fhall be committed, for the ufe of the poor there, and the other moiety thereof to the perfgj}

252-

GAMING.

or perfons on whofe information fuch offender {hall be convifted ; and for want of

fufficient diftrefs, it {hall and may be lawful for fuch juftice or juftices to commit fuch

offender or offenders to prifon, not exceeding ten days, or until the money fo forfeit

ed {hall be paid.

8. And be itfurther enacted^ That from and after the faid firft day of June next, if;

*cp&eHt,1&cfi- any apprentice, overfeer, journeyman, laborer, or fervant, {hall game in any houfe,

wi'iir'ironmen't 1 out houfe, ground, or apartments thereto belonging, wherein any liquors fhall be fold,

fmbficTolleT. and fhall be thereof convicted, by the oath of one or more credible witnefs or witnef-

fes, or on his or their own confeflion, every fuch offender fhall forfeit and pay the

fum often {hillings for every fuch offence, to be levied by diftrefs and fale, and ap

plied as aforefaid ; and in cafe no fufficient diftrefs can be found fhall be committed

to prifon, not exceeding the {pace of five days, or until the money fo forfeited fhall be

paid.

jSwero'&Si1- 9- -And be it further enaBed, That it fhall and may be lawful to and for any juf-

Siuhe'cxecu" tice or juftices of the peace of any parifh or place in this province, and he and

.aoftiusact. t |1y j s an(j are ]-,erej-,y req u ire(j upon complaint, on oath, of any offence committed

againft this aft, to iff ue his or their warrant to fome conftable of the parifh, where

the offence fhall be charged to have been committed, or where the offender fhall

refide, for bringing before him or them, or fome other juftice of the fame parifh,

the perfon or perfons charged with fuch offence, and fuch juftice or juftices are,

authorized to hear and determine the matter of fuch complaint, and to proceed to judg

ment thereupon; and if it mall appear by oath of any credible perfon, that any one

within the laid juftices' jurifdiftion, can give material evidence as to any offender

againft this aft, or on behalf of the perfon accufed, and will not voluntarily appear

to be examined, fuch juftice or juftices may and fhall iffue his or their fummons, to

convene every fuch perfon before him .or them to be examined on oath, touching the

prernifes; and in cafe of refufal to be examined without juft. caufe, it ft all be lawful

for fuch juftice or juftices to fine fuch perfon or perfons in a fum not exceeding forty

{hillings; and in default of payment thereof in five days, to .commit fuch perfon to

prifon for a term not exceeding ten days, or until the faid fine fhall be paid, and the

expence attending fuch commitment fhall be borne and paid by the party or parties

offending againft this aft, if of ability to pay the fame, and if not, the fame fhall

be paid by the public, in like manner as is done for conveying criminals to jail.

10. Provided always, and be-it enacted. That in all proceedings purfuant to this

witnesses under this aft.

aft,

any

inhabitant of the parifh or place where the offen-e fhali be committed {hall

be deemed a competent witnefs, and fhall give evidence, notwithstanding his, her or

their being an inhabitant of fuch parifh or place.

' .11. Andbeitalfo enaSed, That if any juftice of the peace or conftable .fhall re

ceive information from any credible perfoiT, or fhall himfelf know, or have reafon-

able or juft caufe toTufpeft that any fuch perfons as aforefaid are gaming, contrary

to the intention of his aft, in any licenfed public houfe, or other houfe felling li

quors, it fhall arid^may be lawful for fuch juftice or conftable, taking with him two

credible perfons, to enter into the fame, demand being firft made for fo doing; and

in cafe of refufal, to break open the doors of fuch houfes, and to fearch for, feize

and apprehend any perfon or perfons fo gaming as aforefaid, in order to his or their

being proceeded againft for fuch offence according to law.

iaNowea 12. Provided always, , and it is further ena&ed, That any perfon or perfons who

6Ulcra fhall think him or themfelves aggrieved by the determination of any juftice or juftices

of the peace, may appeal therefrom to the general court of pleas; and the party ap-

GAMING.

pealing ftiall give reafonable notice thereof to the profecutor, and enter into a recog nizance withtwo fureties for profecuting the fame with effeft; and in cafe the judg ment or conviaionof fuchjuftice or juitices (hall be confirmed, the party appeal

ing (hall pay treble cofts. 13. And be it further enafted. That this aft (hall be deemed a public aft, and (hall Public**.
be taken as fuch by all judges, juftices and magiftrates, and in all courts within this province, without fpecial pleading; and (hall continue in force for the (pace of feven . contmu years, and from thence to the end of the next feffion of the General Aflembly, and hon-

no longer.

By order of the Commons Houfe. LEWIS JOHNSON, Speaker.
<; By order of the Upper Houfe. JAMES HABERSHAM, Prefident.

JAMES WRIGHT. February agth, 1764.

An;additional act to an ad entitled " An act tojupprefs lotteries., and to prevent other excejjive and deceitful gaming."
WHEREAS it hath been found by experience that the abc?ve mentioned act preamble, hath not altogether anfwered the feveral good ends and purpofes thereby intended, Be it therefore enacted, That from and after the pafling of this act, any per-. fon or perfons whofoever, who at any time or times, fitting or fittings within^ the Mon<.y !ostat fpace of twenty-four hours, by playing at cards, dice, tables, or any other game or SIed' be games, or by betting on the fides or hands of fuch as do play at any of the games'*"*' aforefaid, or any game whatever, (halllofe to any one or more perfon or perfons fo playing or betting in the whole the fum or value of five (hillings lawful money of this province, and (hall pay or deliver the fame or any part thereof; the perfon or perfons to-lofing and paying or delivering the.farne, (hall be at liberty at any time within fix Kttm months then next following, and not after, to fue for, and recover the monies or goods fo loft and paid or delivered, or any part thereof, from the refpcftive winner or winners thereof, with coils, by a warrant from a juftice of the peace, in nature of a warrant for debt, founded on this aft, in cafe the monies or effefts fo loft and paid or delivered, (hall not exceed the value of eight pounds* lawful money of this province; and in cafe the monies or goods fo loft and paid or delivered mall exceed that fum, the lofer (hall and may recover the fame from the winner or winners, with cofts, by aftion of debt founded on this aft, to be profecuted in his majefty's general court of pleas in this province, to which aftion or fuit, no effoign, profecution, wager of law, privilege, or more than one emparlance (hall be allowed, and in which aftion or fuit it: (hall be fufficient for the plaintiff to alledge, that the defendant or defendants are indebted to him, or received to the plaintiff's ufe, the monies or ef. fefts fo loft and paid, or converted, the monies or effefts fo won of the plaintifij to the defendant's ufe, whereby the plaintiff's aftion accrued to him, according to the form of this aft, without fetting forth any fpecial matter; and in cafe the per-
* Juftic^a' jurifdiftion Jxftrafoed to thirty dollars.

254

GAMINCf.

After that time any otherper-

fon

or

perfons,

who mall lofe.

fuch

money

or

effecls as aforefaid,.

(Iiall

not

within

S'ireCTvcvS: the time prefcribed, really and bonajUe, fue, and with effect profe'cute for the mo,

toT:fi,"i,%'lhenies or effects fo by him or them loft and. paid or delivered as aforefaid, it fhall and

getohoer,r to the may ^ iaw fu j t0 and for any pe'rfon or perfons, by any fuch action or fui.t as afore

faid, to fue for and recover the fame with full colls of Hi it, againlt fuch winner or

\vinners as aforefaid, unlefs fuch winner or winners within ten daysafterthe winning fuch,

money or effects, fhall repay or redcliver to the lofer fuch money or effects, fo \voii

and received as aforefaid, together with fuch cofts of fuit. as may have accrued be

fore the repayment or redehvery of fuch money or effects, the one moiety of the,

money or effects, fo recovered, fhall be to the ufe of the perfori or perfons (other

than the perfon lo(ing) who fiiail fue for them, and the other moiety to the ufe of the

poor of theparifh where the offence (hall be committed, any thing in the herein be

fore mentioned law to the contrary thereof in any wife notwithstanding.

uors! * 2. And be it furtker enacted, That from and after the palling of this aft, if any per* bnooti?toelsuunidteergrar *on or Per ins./ hcenf,,ed, to f..ell any frorts ofr i..pi. n.tous l,.iquoL rs orwh. o I,hall f;ell or /fufffer

'V'dmds for tne fame to be fold in his, her, or their houfe or houfes, or in any out houfes, ground

tcnpou'ndffor or apartments thereunto belonging fhall knowingly fuffer any gaming with cards,

SSrwMi*" dice, draughts, fhuffle boards, billiard tables, {kittles, ninepins, or at or with any oth*

er games or implements of gaming, in his, her, or their houfes, or out houfes, grounds

or apartments thereunto belonging, by any apprentice, overfeers, journeymen, la.,

borers, or fervants, or any other perfon or perfoas whatfoever, and ihall be convict*

ed of the faid offence on their own confeffion or on the oath of one or more credita-f

ble witnefs or witneffes (exclufive of the perfon giving information thereof) before any

juftice or juftices of the peace of the parilh or place where the offence fhall be "com

mitted within thirty days after fuch offence, he, llje or they, fo offending Ihall forfeit

for the firft offence the fum of five pounds lawful money of this province, and for

every like offence, he, flie or they, fhatl afterwards be convicted of the fum of tea

pounds to be levied by diflrefs and fale of the offender's goods by warrant from the

juftice or juftices before whom fuch offender or offenders fhall be convicted, one.

moiety of which laid forfeitures fliall be paid to the church wardens and veftry of the

parifh or place where the offence fhall be committed, for the ufe of the poor there, and

the other moiety thereof to the perfon or perfons on whofe information fuch offen-

ider or offenders fhall be convicted, ar^d for want of fufficient diltrefs, it fhall and'

jnay be lawful for fuch, juttice or juftices to commit fuch offender or offenders to prk

fon, not exceeding thirty days, or until the money fo forfeited Ihail be paid, any thing,

in the herein before mentioned law to the cqntraty thereof in any \yife notwithftandr

ing.

?lib)it aft.

3. And be it further enabled, That, this aft.fhall be deemed a public aft, and fhall

beheld and taken as fuch by all judges, juftices and magistrates, and in all courts withr

in this province without fpecially pleading the fame, and Ihallcontinue and be in force

for and during the term of fix years, and from thence to the end of the next ieffion

of the General AfleiBbiy,and no longer.

By prder of the Gommons Houfe of Aflembly.



ALEXANDER WYLLY, Speaker,

By order of the Upper Houfe.

' JAMES. HAB.ERSHAMj

Council Chamber, March 25, 1765,

Aflentedto, JAMES'

.

GAMING.

An qct to prevent gaming and horfe racing-.

1 - \ Ti/HEREAS' the pernicious practice of gaming is carried to a .great length in preara.ofe

VV this ftate, to the great detriment and hurt thereof; to prevent which as

much as may be, and to enhance the fines and penalties to be levied by feveral lav/s

heretofore made to fupprefs and to prevent fuch gaming, Therefore be it enacted by

the reprefcntatives of thefrlemen of the'ftate of Georgia in Ajfcmbly inet, and by

the authority of the fame, That every forfeitures, as are pointed out in the faid

perfon or perfons acis, ihall be further

liable to penalties and fubjecl to be fined in

Add"iti'ontaolt Ksm*~.

the following fums: That is to fay, every perfon keeping a billiard table*, with intent

to game or lofe money or other things, the fum of one hundred pounds. All per-

fons licenfed to keep public hpufes, or other houfes where liquor is fold, fuffering

any game knowingly to be played for money, or other things to be loft or won, by

any perfon or perfons whatever, in the houfe, apartment, ground or enclofure of

the faid perfon or perfons fo keeping public houfes or other houfes, either by cards, Tavem

dice, draughts, fhuffle boards, billiards, fldttles, ninepins, or at and with any other twSt

garne or games, or implements of gaming, ihall, for every fuch game fo played as |n!n

aforeTaid, forfeit and.pay upon conviction the fum of twenty pounds.

2.' And be it enacted by the authority a_forefaid, That every perfon or perfons who oneim

ihall run, or caufe to be run, any race by any horfe, mare or gelding in this ftate. ?^f0sr

for, or by reafon or means of gaming, or of lofing money or other things by theTM"88'

faid race, mall, for every fuch offence, forfeit and pay the fum of one hundred

,pounds.

3. And be it further enacled by the authority aforesaid, That all fines and penalties how1c.ubes re-,

heretofore ordered to be levied on the offenders againft the aforefaid acts of Affem-$ea7dandBp*

bly now of force in this ftate, and alfo the fines, penalties and forfeitures directed

by this aft ihall be recovered and appropriated in like manner as is directed and pointed

out by the faid ats of Afiembly, any thing to the contrary in any wife notwith-

ftanding. '

: 4, And be it enabled by the authority aforefaid, That this a6l mall continue and continuation

be in force until the firft day of January, one thoufand feven hundred and fe-

venty-eight, and from thence to the end of the next feflion of Aflembly.

By order of the Houfe of Affembly.

Savannah, June 7, 1777.

N. W. JONES, Speahr.

* Permitted by paying a tax of one hundred dollars. See tax aft of the year i Soi.

An act to regulate taverns, and tofupprefs vice and immorality, -
1ft, 2d and;3d Seaions refpecls the regulation of taverns, repealed by aft of 1791. Pine? ; 4. And be it further enabled, That if any tavern-keeper fhall permit or fuffer any Wlitie perfon or perfons whatever to gamble or play at cards, dice or billiards * in his or their tavern, with an intention of winning or lofing money or 01 her property, or any other houfe to them belonging, he, ihe or they Jhail be judged incapable of keeping
, * Repealed by aft of 1791.

HORSE STEALING.
a tavern; and for every fuch offence fh all forfeit, totheufeof the Informer, the fura of five pounds, recoverable with cofts in any court of record in the county wherein fuch taverns be kept. pines for nro- 5. And be it further enabled, That if any public officer mall take a profane oath, he fsiio CVrtIng. fliall forfeit the fum of five Ihillings for every fuch offence. And any other perfon or perfons whatfoever, not being a public officer, for fuch offence fhall forfeit two Ihil lings and fixpence; and any perfon convicted in the court of confcience of trading with flaves without a permit, fliall be liable to pay ten pounds.
By order of the Houfe. WILLIAMGIBBONS, 'Speaker*'
Augu-fta, Auguft 14, 17861

.

An aft more effectually to punifh perfons guilty of Jlealihg horfes, ajj'es or mules*

i. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the (late of

:t JL3 Georgia in General Afjemlly met, and by the authority of the fame, That if

any perfon or perfons, after the paffing of this act, fliall felonioufly fteal, lead, take

or drive away any horfe, gelding, mare, colt, filly, afs or mule, or be acceffary

thereto, and being thereof duly convicted, fliall be adjudged guilty of felony, fuch

perfon or perfons, convicted as aforefaid, fliall fuffer death without the benefit of

clergy, by being hanged by the neck till he, flie or they be dead.

Treatment of persons appve-

2. And be, it further enabled, That when any perfon or perfons fliall be charged

iiciided. Tlie duty of

and apprehended for the offence or offences aforefaid, it fliall be the duty of the juf-

justices therein' tice or juftiees before whom he, file or they are brought^ to take in writing the ex

amination of fuch prifoner or prifoners, or perfons fo accufed, and alfo the oath or

affirmation of hirn or thofe who aCCufe; and if upon fuch examination it fliall ap

pear to fuch juftice or juftices, that the prifoner or prifoners accufed are guilty of

the charge or charge's alledged againft him, her or them, it fliall be the duty of the

juftice or juftiees aforefaid to commit the prifoner or prifoners, or perfons accufedj

to the common jail of the county where fuch perfon or perfons have been appre-<

hended; and where there fliall be no jail in any county, to the neareft fubftantial jail

in any adjacent county in the ftate; and it fliall be the duty of the keeper or keepers

of fuch jail to receive and detain in clofe confinement, without bail or other enlarge*

ment, fuch perfon or perfons until difcharged or liberated by due courfe of law.

Perfons com-' 3. Be it enafted by the authority aforefaid, That this aft fliall not extend, or be

niitted under tins ail riot

conftrued to extend,

to authorize any judge or judges

of.the fuperior

courts,

or

bailable. juftices of the inferior courts of this ftate, upon a writ of habeas corpus, or any

other writ whatever, to admit to bail, difcharge, or otherwife enlarge any perfon

or perfons committed as aforefaid, againft whom oath has been made, that he, fli

or they are guilty of any of the crimes before recited in this act.

of 4. And be it further enabled by the authority aforefaid, That in future it fh'all be the

duty of the juftices of this ftate, and they are hereby feverally required, on iffuing a

warrant to apprehend any perfon or perfons charged with any criminal offence, to

direct the peace officer executing the fame, to make diligent enquiry as to the property

of which any perfon, charged as aforefaid, may be poffeffed at the time'he or {he was

apprehended, and fuch officer is hereby required, within ten days thereafter, to ren*

INDIAN?,

' *57

j5ef am account thereof ,to the juflice before whom fuch criminal may be brought,

who is hereby directed (in cafe the prifoner is not discharged) to make a return of fuch

property to the clerk of the fuperior court, at or before the term when the criminal is

to be tried, which property is hereby made liable, in the firft inftance to the payment

of jailers' fees for dieting the criminal, to whom it may belong as aforefaid; and if any

juftice or peace officer, fhall fail to perform the duties hereby required, he fhall himfelf

be fubject to the payment of the coils with which fuch criminal may be chargeable as

aforefaid, which may be levied by execution on the property of the juftice or officer

fo offending, in the fame manner as if the judgment had been againtt himfelf.

5. And in all cafes where bail is admitted, the perfon or perfons becoming fecurityBaitmayi*f<j

(hall, if required, make it appear to the fatisfaftion of the court, that he, fhe or th~" 'lmrc'1 '" ^

are amply fufficient for the fum for which, fuch bail is taken.

WILLIAM GIBBONS, Speaker of the Houfe of Reprefcntatiuest

BENJAMIN TALIAFERRO, Prefident of the Senate,

GEORGE MATHEWS, Governor,

December 10., 1793.

<,,



"

' INDIANS. '

'

-.

:JLn aM to prevent private perfons from purchafing lands from the Indians, sm$ for

>.; "'

preventing perfons fradingwitlithem without licenfef

HEREAS the fafety, welfare and prefervation of this province of Georgia,

.doth in great meafur-e depend on the maintaining a good correfpondence be

tween his fnajefty's fubjeQs and the feveral nations of Indians in amity with the faid

province : And whereas many inconveniences .ha.ve arifen, from private perfons

jclairning lands, included in the charter granted to the late honorable truftees for eftab-

.liming the colony, of Georgia by his prefent jmajefty., and fin ce reinvefted in the crown,

under pretence ;.pf certain purehaies made of them from the Indians, which have giv-

in occafion for difputes with thole people ; for remedy whereof, and for preventing

.any differences or .difputes with the Indians for the future, and alfo for preventing

perfons trading with them without lic.enfe. Be it enafted, That from and after the cB(TMa

.fifteenth day of February, onethoufand feven hundred and fifty-eight, if any perfon 'Stit

or .perfons wh.ofoever fliall attempt to purchafe or contraQ; for, or caufe to be pur- Cow'

.chafed or contracted for, or mail take or accept of a grant or conveyance of any FoTfd"on

lands or tra6b of land front any Indian, or body of Indians, upon any pretence pS*

whatfoever, (except for,;the ufe of the crown and that by permiffion for this purpofe,

fa-ft had and obtained from his majefty, his heirs or fucceffors, or his or their gbv.

.ernoror commander in chief of the fajd provincie for the time being) every fuch pur-

chafe, contra&, grant and conveyance, lhall be, and is and are hereby declared to be

pull arid void, to all intents and purpofes whatfoever; and all and every perfon and

perfons fo offending fliall, for every fuch offence, forfeit the fum of one thoufand

.pounds fterling money of Great-Britain, the.one half thereof to his majefty, * his heirs

fucceffors, for the ufe of the province, and the other half to him or them

-

'," . ' Kk

-

'* TOthe tee.-See ad pf

-INDIANS, MURDER. OF.

:

ill all fue for the fame, by aftion of debt, or information in the general court of this

province, in which no proteclion, effbign, privilege, or wager of law, or more than one

emparlance fhall be allowed. *

The remainder of this aft, regulating trade and intercourfe with the Indians, repeal

ed by a8; of congrefs.

By order of the Commons Houfe of Affembly.

DAVID MONTAIGUT, Sf eater.

By order of the Upper Houfe.

PATRICK HOUSTOUN, PrefidenL

Council Chamber, February 15, 1758.

':

AfTented to.

HENRY ELLIS,

* Same fubjeft treated of by at of 1784.

INDIANS* MURDER OF.

An aH declaring, that to murder any free Indian in amity with this province z's equally

penal with the murdering of any white perfon^ and that to refcue a prifoner committed

for fuch offence, isfelony,

.

.

..-/*.

TTTTTHEREAS it has been reprefented that fome Indians in amity with this pro-

\\ vince, have been barbarpuily murdered, to the great fcanc'al of fociety,and

the danger of involving this province in a bloody and expenfive war ; and there is

reafon to believe that feveral ill difpofed perfons have not confidered fuch inhuman

aftions in a proper light, but being influenced by the ill grounded prejudices which

ignorant minds are apt to conceive againlt perfons differing in color from themfelves, and unaware of the confequences, have rather looked on thofe murders as meri torious; to difcourage therefore as much as may be fuch unchriftian like and cruel Themurde, 0/practices, and to explain and fet forth the great danger thereof, It is declared,-'That f"yfa?*S' to murder any free Indian, in amity with this province, is by the law of the land as penal to all intents and purpofes whatfoever as to murder any white perfon.

2. And to the end that all perfons may know the confequence of refcuing any pri~

foner committed for the murder of any free Indian in amity with this province, It is^^ declared, That by the law of the land any perfon refcuing any fueh prifoner fo> committed, is guilty of felony.

JAMES WRIGHT.

WILLIAM YOUNG, N. JONES.

' June 20, 1774.

*ra*w.

INDIAN HUNTING-GROUND.

An aftfor the appointment of commi/fioncrs to run the line dejignaiing -the Indian lunf-

1

ing-ground,

-^^^^-^ diforderly perfons, regardlefs of the lives and happinefs of the i00^ citizens of this flate? who are fettled on the frontiers? and in open .

INDIAN
lation of the law, have prefumed to furvey and mark lands beyond the temporary
line between the white inhabitants and the Indians: And whereas, at the late treaty with the Creek Indians, it was among other things
agreed, that commiffioners fhould be mutually appointed clearly to mark, in every part, the temporary line defignating the Indian hunting-ground:
1. Be it enatted by the reprefenlatives of the freemen of (he flate of Georgia in Ge-^^ neralAffembly met, and by the authority of the fame, That James White, Jofeph Ha- ^Sf bcrfham, Arthur Fort, fames Annftrong, and Jared Irwin, cfqrs. be and they are&KJf _ hereby appointed in behalf of this ftate, in conjunction with the commiffioners on StoScomuus" the part of the Creek nation, without delay to trace and mark, in a plain and confpicuous manner, the temporary boundary line as heretofore eftablifhed, that is to fay: From the Canokee mountain, in the direction of the prefent temporary linepta!<>noftkc from Tugalo River, till the fame fhall ftrike the head or fource of the main direcl o,po">ted ftream of the fouth branch of Oconee River, called alfo Appalachee, by which is to be underftood the main fork of Oconee River, next above Little River, to which faid fouth branch aforefaid the General Affembly, in laying out the counties of Wafhinotonand Franklin, in one thoufand feven hundred and eighty-four, firft gave the name of fouth branch of Oconee, thus known and eftablifhed by law, and regarded as fuch by the good and faithful citizens of this ftate; down the faid fouth branch of Oconee to the mouth of the Oakmulgee, where the fame empties into the Oco nee; and from the mouth of the Oakmulgee as aforefaid, in a direcl line to the head or fource of the St. Marys River. The faid commiffioners, in the execution off law, are not to regard any lines, furveys or grants of defigning and difhoneft fpe lators, made by tortured and perverfe conftrucHon of the land laws of this ftate, are to govern themfelves by the plain and diret expreflion of this aft, and fhall re turn to the executive a lift of the names of all perfons who fhall have furveyed or marked lands beyond the line herein defcribed, lb far as the fame fhall come to their knowledge.
2. And be it further enatted by the authority aforefaid, That any perfon or perfons who fhall hereafter be guilty of marking, furveying, or attempting to furvey or ob-ingumds wui>l tain grants for any lands beyond the temporary line defiffnating the Indian hunting- yiinc orTtgroundJ, in adJdJ-iti on to th1 e pains andJ penalities provi- de,d1in-1 the1la1 nd,law ofc one tihout-em^ptjmK^to,o^bfand feven hundred and eighty-three, to which they are fubjeft, fhall be liable to L^St^y11"" fine and corporealpunifhment, at the difcretion of the court before which they are afp*"hSt convi&ed: Provided, the fame fhall not exceed five hundred, nor be lefs than one hun- aLtSiS dred lafhes for the firft offence, and for the fecond offence fhall be held and adjudged morVtSfU guilty of felony. The commiffioners herein appointed fhall, before they enter upon S^L^fe the bufinefs of their appointments, take an oath, to be adminiftered by his honor the Sony ??" * governor, truly and faithfully to difcharge the duties required of them in this aft. t""ccond
3. AnA whereas, notwithftanding the rnoft pofitive laws to the contrary, many ***& ^ perfons, from defign or accident, have run large quantities of land, and obtained ^HS* grants for the fame, fouthward of the prefent temporary line between the good citi- t offtScp"n"mS zens of this ftate and the Indians, and expeft to hold the fame when a ceffion of faid %" " land can be obtained: Be it there/ore enatted by the authority ajorefaid, That the fur veys or grants for fuch land be confidered, and they are hereby declared to be null and void, and of no effeft whatever; and the perfons who from defign aforefaid have been guilty of running the faid lands, or any wife concerned therein, are hereby de clared to have incurred all the pains, penalties and forfeitures, mentioned in the land acts of one thoufand {even hundred and eighty-three, and one thoufand {even hun,.

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.

d re(l anc* eighty-four; and in all furveys that may or fhall hereafter be made -within

the temporary line of this ftate, the name or names of the furveyor and chain car-

ricrs ftiall be annexed to each plat.

4. And be it further enaSled, That the law,, dated the thirteenth day of February,

one thoufand feven hundred and eighty-fix, fo far as refpefits the appointment o

agents in the Indian nation, be, and the fame is hereby repealed*

nation, -repeal'. O

Br> y ordler ofr thi e HTToufre- .

WILLIAM GIBBONS, Speaker.,

Augufta, February io? 1787,

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OP.
An aft forfupprejji.ng the violences of the Indians.
creek mdu * f "PL ^ ENACTED by the reprefentatives of the freemen of the {late of Georgia-*-^ "l General AffemUy met, and by the authority of the, fame. That from and im-
" mediately after the palling of this aft, the Creek Indians {hall be considered as without the protection of this ftate, and it (hall be lawful for the government and people of the fame to put to death or capture the faid Indians wherefoever they may be found within the limits of this ftate, except fuch tribes of the faid Indians which have not, or fhall not hereafter commit hoftilities againft thepeople of this ftate, of which the commanding officer (hall judge. ' .
2< And be it further cnaSed, That fifteen hundred men be inlifted as foon as may be, to ferve until peace is eftablifhed with the Indians, to be formed into two regimcnts, 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, undone drummer and one fifer to a company, and to a6l for the defence of the ftate, and fhall be fubjeft to the ' orders of the governor for the time being; and all other their fuperior officers : Pro vided, That at the time of inliftment each man fhall take and fubfcribe the following Soldiers' a oath : "I, A. B. acknowledge and folemnly fwear that I have voluntarily inlifted ifif the ------ company of the ftate troops of Georgia, to ferve until peace fhall beeftabliihed with the Indians, and that I will befakhful to the ftate, and obedient to my officers."
3 Prefcribes rules for the government of the troops. Obfolete. e governor 4. And whereas from the remote diftance of the refidence of congrefs from this
ftate, it may fo happen that other and more numerous forces may beneceffary to be raifed before the aid of the Union may arrive, for fuppreffing the violences of the In(jjans . g g ^t t]urejore ena,Bed by the authority aforefaid, That it {hall and niay be law ful for his honor the governor in council to raife two regiments of volunteers, to confift of feven hundred and fifty men each, and to have officers conformable to the rules pointed out as aforelaid, which faid officers and men (hall at all times, when in a&ual fervice, be entitled to the rations herein after eftablifhed, and the officers and men intended to be embodied as aforefaid fhall be under the following rules and re gulations.
5. Thefe rules are obfolete. 6 and 7 Prefcribe rules for the government of the troops, Obfolete,

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF, 261

8. And whereas it may fo happen, that certain perfons have run and furveyed

lands without the limits of the refpeclive counties of this ftate aseftablifhed by law,

and for which grants may have been furreptitioufly claimed: Be it enatted., That all lands

without the limits aforefaid are hereby declared to be vacant, any warrant, furvey or J^K

grant to the contrary notwithstanding; and that a tratt of. land lay ing and comprehended Serve

within a-line to be drawn from themoft ibuthern ftream of the fouth fork of Oconee, oftiSwr.

commonly called the Appalache.e, in the neareft direction to thediead or fource of the i"iasol<lie"t

main ftream of Flint River, down the faid river including all the iflands of the fame

to the confluence of the Chatahouchee and Flint River, thence eaftwardly to the head

or fource of St. .Marys, to the confluence of the rivers Oconee and Oakmulgee,

and thence up the river Oconee to the head or fource of the moft northern ftream

of the Appalachee, or fouth fork where this line begins, fhall be referved and at the

ceffation of the hoflllities with the Indians, appropriated to and for the allowances and

bounties of and for the faid: officers and troops; and no warrant, furvey or grant,

fhall be obtained for any part of the lands within the faid referve by any perlon whate

ver, until fuch hoftilities fhall ceafe, and all fuch officers or troops fhall have a prefer- ^

ence in laying .their bounties within the faid referve.

<

theri;m

9. And be it alfo enabled, That the faid bounties fliall not interfere1 with ascertain sakibounties^

Quantity of land in the vicinity of thofe Indian towns which are and (hall continue fere witutiw

t"o ibe frri end11ly, wihi chr'- quantity mn al1l1 ibe di etermi-n1 ed1by a fputur e l,egm-n ature.

''""' tioywIinldsinafnfsri-enAt

10. Andleitfurther'enabled-by the authority aforefaid, That all\the allowances-and^"^p",.

bounties to the officers, and, bounties to the >faid troops, fhall be made and allotted tiwl *"QtK>la

in the following proportions: -to a colonel, one thoufand two hundred acres: to a

lieutenant colonel, one thoufand -one hundred acres; to a rna|or, one thoufand acres;

to-a.captain, nine hundred acres; to afirft lieutenant, >eight iiundrtd acres j to a fe-

cond lieutenant, feven hundred and fifty acres; non-commiffioned officers, feven hun

dred acres; and to privates well armedand accoutred, -fix hunBredand-forty acres;: ;.

and any general officer or officers called into the fervice

for. /- - being

{hall-have

further allotments made to him or them in the followingproportions:

to a major genera!, onethouland five hundred acres, and to a brigadier general, one

thoufand four hundred acres: and that the ftaff officers ' taken from tfhelne4 fay bri

gade majors, adjutants and quarter matters, be allowed in addition two hundred and

fifty acres each for extra fervices; the aids-de-camp to the commander in chief be

allowed the rank and emoluments of a lieutenant colonel: aids-de-camp. to major

and brigadier generals be allowed the rank and emoluments- of a major; that an ad-^jutant

jutant general be appointed by the executive with the rank and emoluments of a! ^!;"1

colonel; and fuch allowances andbountiesfhall be made in good faith to the differ- SSiTy?

eni, officers and foldiers as foon as may be after the ceffation pf hoftilities and refto-

fation of peace. <; ; ; ; . .-. .-- : . n !i) l> '"'< '^'~'''^ - x j* '''"> -<;>."*



11. And be it enatted' ty'the aidliorlly'tifirefaid, :\^t"x

be lawful The^mcr,

for his honor .the governor, with the ad vice., of tte executive council for the time flfteeSnS

being, to enter into fuch engagements with the-.people in-Franklip as,, may be conli- f^J^^,

dered neceffary ; for .fuppreffing the,laid jfioftilities of ; tlieuinciians, :and: .to engage on^^^

the part of the ftate, that fqr all,trie, officers and privates that fhiill -be aftually enga-

ged in the accompliming the abovepurpdfe,; the fame ; Bountiesfhali;be made and gi

ven, as are herein before directed by thisa.cl, to the officersiand ;troo:ps to ..be raifed for

this ftate; alfo ah additional bounty of fifty : acres on e^ery one hundred acres, in

1 heu of rations, and all other claiins againfl; .tfie ftate, o\it of and upon the traft of

country commonly called the bent of Tenneflee, within this ftate; Provided, That

s6a INDIAN VIOLENCES,'PREMIUM-.FOR SUPPRESSION OF.

the number do-not exceed fifteen hundred in addition to-thofe.already empowered to

be raifed upon this a6t: And provided alfo, That the'right of pre-emption on all fur-

vcys heretofore'made-by the. authority of-this ftatej fhall be firftfet apart.

* msiwaor >12.- ^wd ^ it'further cnatted. That an infpector general, with the rank and emo-

th"Snk.TMay, lunients of a colonel, fhall.be appointed.--That part of1 this feflion which prefcribes

Sdcmwnissi'-the duty of the infpcclor general, obfolete;-. And a commiffary of iffues, with the

Sfsainesrankl1, rank and emoluments of colonel, fhall alfo be appointed. The-remainder, point-'

*c>

ing out the duty of the commiffary, obfolete.

Aiiircaor Ken- i g. And 'be it alfo enaBcd^ That a director general in the medical department, with

name rank,&c. the pay and emoluments of a colonel, fhall be appointed, who fhall have power to

nominate and recommend'the furgical affiftance neceflary in this department, and

who (hall report the number to the executive for.their approbation of that body.

He fhall keep a fair and correct regifter to be made up the laft day in each month, in 1'

which he fhall enter the name of each perfon to whom medical or furgical afiiftance

may be adminiftered, 'together with the company and regiment to which he belongvS,

and each affiftant as fhall be approved, as aforefaid, fhall have the pay and emoluments

to hvethe His assistants
rank, pay, &c.

o .

t

a

l.i. eute. rnant

colonel, .'

and each mn ai7l1 maki e monthi liy

.

1

returns orr

alul oiririciali tranlfac-

wffir*'" tlous in his department to theinipector general.

14,15. Obfolete--Pointing out the command of officers and protection of friendlj'',

traders. . ,

'

.

ion governor .16.' And be it. further enaSed, That his honor the governor,, with the advice of

troop uf carat-the executive council, ; fhall make fuch arrangement of the forces to be raifed, as may

admit of corps of;'artillery and cavalry, where fuch officers and men fhall find hor-

fes without charge to ;the ftate, artillery and horfes for the fame excepted.

--..,., ' 1 7- And k$. it further enabled by. the authority .afo.refaid, That no ftate foldier be aU

a bount^f as aforefaid, ;who does not rendezvous at fuch place as the executive

'..appoint,! completely armed and accoutred, on or before the firft day of Febru-

DMerKrsnot1 ar/ next: And~f.fovided..always, That no perfon deemed a deferter fhall be entitled

to any bounty -named in this aft. And that this act mall be and continue.in force for

rthe government of the faid troops, until a peace with the Indians is eftablifhed and

ratified by thftlegillature of this ftate, and fo far as the fame refpeis bounties fhall be

{landing and ,perpetual. [..:.-'..--'

.: rr

:

By order of the Houfe.

,;,:.,.,

.

WILLIAM GIBBONS, Speaker,

Augufta, October 31, 1787.

:

,

An al to amend and repeal certain parts or 'daufes of an att,. entitled " An attfor

.JuppreJ}ing\the violences, of the Indians," pajjcd the thirty-jirjl day of Oflober, one

thoufand/even hundred and eiehty-feven.

...

s

tJ '

, . , ,,j * .., , . -V ''' * '

'



-

i Relates to clothing, furnifhed the troops. Obfolete. 2. And, be itfurther enatied, That the time for in lifting the ftate foldiers be proiji'^pr'oionged" longed, from the firft day of February next, to the thirtieth day of March next, any thing in the afore recited acl notwithftanding. pmonsfur. 3 .And whereas it will tend to fill up the regiments intended to be raifed, and eafe tiiteItesxnpV" the citizens of this ftate, to fuffer perfonsfliable to military fervice under the militia law, duty1.""1'"* to inlift fubftitutes : Be it further enabled. That any fuch three perfons liable as afore
faid, who will furnifh an able bodied recruit, to lerve during the warj well armed and

.
.,'- "js
i| ,
/ ^

INDIAN 'VIOLENCES, PREMIUM FOR SUPPRESSION OF.

'-accoutred as aforefaid, fuch as (hall be approved of by the infpeaor,general, fhall be

exempt from all militia duty during the preterit.war with the Indians, any thing in

' the militia aQ to the contrary hereof in.any wife notwithftanding : And the faid re

cruits fhall be allowed a bounty of land in like manner as the ft ate trqops, and be

come a part thereof, after being delivered up to fome officer belonging to the faid

regiments; and that thofe foldiers received as fubftitutes in the volunteer regiments,

be annexed to the ftate troops. The remainder of this ail is obfolete.

By order of the Houfe.

;

N. BROWN SON, Speaker.

February i, 1788.

.

' An a&jor making compensation to the troops in. the fervice of thisfate, for difcharging

thefaid troops, andfor collecting andfecuring the public arms,

.,

i. T> E IT'. ENACTED by. the Senate and Hov/e 'of Reprefentati-ves : of the Jlate 6f^"^i

JLJ Georgia in General' AJfembly met and by'the authority of the fame, That theatheS!

pay of' the officers and foldiers in the fervice of the ftate, fhall be the; fame as the mi

litia when in aftual fervice, and that the auditor be direfted to liquidate: their refpefr- ^;S"Sd

ive claims, upon proper ^vouchers being produced ; and fhalj grant;each_ officer and ^St

fdidier a: certificate for the amount of pay due to them, whithfaid c'C>rtificates'fhall'be tatc'1

. .receive^ at the treafury, as other audited certificates are. '

' ';'."';' ' .;

',. 2. /Vnd to the intent, that ho;; officer or Toldier who is lioi aQvialfy in the fervice4^"^TM'

of the'hate at this preferit time, fhall receive pay, Be it endffed, That there mail be 'a f,^';"^^

.. general mufter ofthe faid regiment at,the town of Wafhington, within: three months^J^TM

from fche paffing of this aft, and that no'officer or foldier fhal} be entitled, to receive aiull>ay-

his pay, aijilefs hq makes hi9\a'ppearance^'atlt,hi2''f'aid.m ju;fte^,/io'r\\fe'rids\Ja fufficient ex-

cufe on oath or affirmation, that he has been''prevented from att'en'ding', by fickiiefs, or

fome other unavoidable calamity. Provided That no, man who is now returned a 'de-

ferter, mall be entitled to pay, nor any perfon wh'ohas fefVed'as.a fubflitute.

3. And be it further enahed. Thatdn'theday of gene'rar.niufte.r as aforefaid., theiwrsitth"raTM

troops fliall depofit their arms in the public ftorehoufe, and jhe ftore keeper (hall irn- "o'choc!'s

mediately forward a certificate, ofthe number of arms witlvthe namel of the' privates

depofiting the fame, to the auditor, and that no private foldier fhall be entitled to re

ceive pay for any time previous t the-.date*of his a captain's commiffion ; and the cap-,nSngTM?m.

tains, or commanding officers of the refpeEtive companies, are hereby required tor^tumofTM,^8

make a return of the^number of men i(i;; their fefpeQive coniparties, vvitkthe dates/pfonoath,0'TM6

their inliftme^t, which, fhall be fworn to before the auditor in. the words following:

" I, A. B. captain or commanding officer of---------company of the ftate troops, do T!leollt!''

folemnly fwear, that the return I how give in, is a juft and true feturri of all the non.

commiffioned 'officers and foldiers in my company, w.ith the,dates o their inliftments,

in which I have diftinguifhed between: thofe who have been received, or ferved as fubfti

tutes from thofe who were not, and that 1 have not returned a man; who has been abfent

' more than thirty days without leavej at any one time, from the regiment, of ftate troops,

all which I declare without any e'quivfocation, or mental refervatioii whatever.; So help

me God," which faid oath the auditor is hereby empowered and requin'ed to; adminif,

ter to the captains or commanding officers .of feidscsropanjes refpeclively -, and be-

4 INDIAN VIO.LENCEa;.TR.E'MItfM'iFOR SUPPRESSION.

: fore the auditor'proceeds ; to give : any non-.coiimniffio.na(l officer or "private -foldier-a.

Auditor.to Msifaumneir.ter. .the

ceitificatevfuch1 non-commiflioned 'officer or private fliail o{,, h. i.s ,m. li'i';tm. ent- retu. rned ,by hi.s captai.n on c'omman..d.ing

take an of,,ficer is

oath. g ulnl

that.ike-date andi t' ru"e,' and.

/that lie has hevcr been abfent more than thirtyi days:without leave, .-at any one time,

'from the feTvice'oHheftate, and that he has not .been .a. fubftiuue. Provided, That

nothing herein contained fliail extend to debar the fubftitutes in the faid regiment from,

receiving thc-'bounty in land engaged to them by " An aft to amend and repeal cer

tain parts of an al for fup'prefling'the violences of the Indians/' paffed the iirft day

of February one tlioufand feven hundred and eighty-eight,

Bubstituteito 4- -A n& be it further enafled. That the faid troops {hail be allowed, the fame bounty

SfoVHad?' of land as is pointed out to them refpefclively, in " An al for fuppreffing the vio-

recdve'pay OT,lences of the Indians," Provided tiepe&hflej's, T/hat all officers arid ibldiers who have

tTMy'feivcr' been intrufted with any fpecies of public property, fliail be accountable for the fame. cthth'jievriamrmbisiacnd andi inhs1l1lnot^1 e entitltedi, to receive ci th1 er Ihis pay or bl ounty as airoreiraid, unti-li ihe mn alnl

thcmreceived. return the arms fo: received by him or them ; and a receipt or acquittance for fu'th

public property be produced to'the auditor,

,'.''.'-"

Representative Q. And be. itfurthcr ena&ed, Thst in cafe of,the death, of any. pf the.foldjers,.then

versmi^cnti- the captain or commanding officer of the company, .ft all give a certificate of the: fame ptiaeydatmo .itbhoeuirn. to th, e l7egal, repjflren\ tative otr jrpcnt perli"on-, v^tho I11hal1l1 1be. entitlt edi to hi js pay ^ .'an1 d 1 other

emoluments, on producing the'faine to the auditor, '

.'

The ovemoi ^' ^ l'/' ^'fo-enaEed by the authority aforesaid, That from and after the paffing of

icytroom"lc. tn ^s a the .governor' fhallhave full power to -difcharge the 'faid- troops, and take fuch

further order as he may deem neceffary to fecure the public property, which ina'y be

forth coming.) and that he alfobe 'diretled and required to caufe the commanding

officers of the different brigades :of militia .within'tliis Hate, to have immediate returns

made from each brigade, of the perfpns exempted from militia duty therein, under the

law authorizing the inliftment of fubftitutes, together with a'c6py of'the "certificates

given to the individuajs clajmmg fu,ch',exemption ; and that the infpetQr> general b

ianlfoferrveiqcuei.,red't'o'','.m,"a,k,.e.'a r.e't,i,ir'n..o',ft'h"efub.f't.i't'utes"attually;receiv.ed;,"arid that have beer|

" SEABORN: 1 JONES, Speaker ofike Jloufe of'ReprefenMives,

-..-
,_.,.,../ ED

: I".! ' ^ATHAN^ROWNSON,
WAiiD 'TELFAIR, governor.. 1 ! . ;.'

"Prejident of
'. ; .'

the

Senate,
'M -'': M

.

''
' ;:

"* ', t
.'^for appro' priating apart of the-nnlocated territory of thhjlate.fbr gaymeni of
x. T>.E IT E'NAGTED by tjie Senati.'andHmife \of Reprefenlatives of the Jlate-of JL3 Gwgia< in General Afftmbly met,- and it. is-Jiereby enafted .by the authority of ,
the'fame, That on the expiration of two months after the 'Indian ;claus! {hall be^ extinguifhed to the'territory herein after defcfi'bed,. it jfliall be lawful 'for ,any perfon or perfons to obtain a warraht of :f|irvey 'from his.excellency the governc?r for the time being, under1 the regulations and reftrictions herein after, mentioned, th'at is t<j fay; There fliall be ! a cbmmiffioner; of Ideations,.' appointed, by the legislature, in each" county w ithi'n this ftatc, whofe.duty itfliajl^be; to keep, a fair book of entries, jri

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION.OF.' *6f

form to be prefcribed by the fecretary of the (late and the furveyor general, and to .

receive applications for warrants in terms of this aft; bat previously to making

any entry therein, fuch commiffioner of locations fliall require a certificate of two

or more freeholders, together with the oath or affirmation of the perfon applying,

taken before him in writing, fetting forth the number and defcription of his family

entitled to head rights, and that they do intend to fettle the lands-applied for agreeably

to the tenor of this aft; which oath or affirmation the faid commiffioners are feve-

rally authorized and required to. adminifter: a copy of which entry, together with

the.certificate and affidavit aforefaid, mall be tranfmitted, under the hand and feal

of fuch commiffioner, to his excellency the governor, who fliall thereupon iifue his

.warrant to the perfon making the entry as aforefaid, or to his, her or their legal rc-

prefentatives, under a proper check, directed to all and fingular the furveyors to be

appointed under this aft. And the faid commiffioners of locations (hall be, and

they are hereby entitled to demand and receive of the perfons applying for and ob

taining entries as aforefaid, the fum of half a dollar for every entry fo made by him.

And fuch commiffioners of locations fliall, before they enter upon the duties of their

office, be refpeftively fworn before one or more of the juftices of the inferior court

of the county in which they fliall refide, and enter into bond, with fufficient fecurL

ty, in the fum of one thoufand pounds each, payable to his excellency the govern

or and his fucceffors, for the due and faithful performance of the duties required of

them,by this aft, which bonds fliall be taken by the clerks of the inferior courts of

.the feveral counties, and be by them tranfmitted to the executive. And his excel

lency the governor fliall be entitled to receive on every warrant iffued by him, the

.fum-of half a dollar,* and his fecretaries half a dollar; and all grants iffued in pur-

fuance of this aft fliall be free from (late fees.

2. And be itfurther enatted, That all fuch warrants may be located to any part or Sfa^vm

parcel of land fouth of the Oconee, and within the boundary line defcribed in an-d ar-ctob|!m*<1': '

by an aft pa fled and dated at Augufta, on the thirty-firft of Qftober, in the year of.

our Lord one thoufand feven hundred and eighty-feven, entitled " An aft for fup-

preffing the violences of the Indians:" and after fuch warrant is obtained, it fliall be

the duty of either of the furveyors of the diftrifts herein after mentioned, or their

deputies,, to furvey the fame in the order in which fuch warrants may be delivered to

them, and in the manner following, to wit: The faid furveyors fliall make two fair wrHons tat

plats of all furveys made by them, the fcale whereof to be inferted in fuch plats, and TM

fliall plainly and diftinftly defignate thereon the beginning, angles, diftances, marks

and water-courfes, and other remarkable places crofled or touched, or near to the

lines of fuch lands, and alfo the quantity of acres, and fliall tranfmk fuch plats to

the furveyor general's office, together with the warrant or order of furvey, one of

; which with the warrant fliall be filed by the furveyor general, and the other annexed

to the grant. And no furvey fliall be made without chain carriers, who fliall aftu-

ally meafure the land furveyed, and fliall be paid by the party for whom the furvey

fhall.be made; arid fuch chain carriers fliall be firft fworn to meafure juftly and tru

ly.; and to deliver a true account thereof to the furveyor, w.hich oath every furveyor

is hereby empowered and required to adminifter. And every furvey fliall be bound

ed by natural boundaries or right lines, and fliall, be an exaft fquare, ,unlefs where

.fuch lines interfere with lands already granted or furveyed, or unlefs where any fur-

LI ':,:,, , : n

.

.

* Annulled by the confutation. See ift fedion of 2d article. '

''."'"'

s66

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.

vey fliall be made on any river or water courfe above the width of fifty,feet, in which

laft cafe the water fliall form one fide of the furvey, and the breadth on fuch water

fliall n.ot be more than one half of the diftance back from the water; and the lines of

every furvey fliall be plainly and diftinftly marked, leaving no part thereof open;

and there fhall be one or more ftation trees plainly marked with a blaze and three

chops in every line, except where it is rendered impracticable by fwamps or water-'

f/iamisinnari-courfes: Provided nevertkelefs, That nothing herein contained fhall be conftrued to

fmybe'Imvev-extend to prevent any perfon from obtaining a furvey of any ifland or iflands in the

edeuulEri'"tea'navigable waters, the quantity of which fhall not exceed what is-allowed by this acl

Headlightsai- to be contained in one furvey : Provided alfo, That no perfon or perfons fliall be al

lowed to obtain a warrant for more than three hundred acres for his or their head.

right, and fifty acres for his wife, and fifty acres for every free-born child, he orthey5

may have under the age of fixteen; and all unmarried perfons from that age and up

wards, fhall be entitled to a warrant of three hundred acres: And provided alfo, any

perfon or perfons obtaining fuch warrant, and making fuch furvey, the furveyor ma-.

vcnse a .be

king the fame fliall, within two months thereafter, advertife the fame in two or more public places adjoining fuch diftrift, and alfo in one of the gazettes in thfe town of

Augufta, at leaft three months before the fame ftiall be fent to the furveyor general's

office, in order to obtain a grant.

uobe 3. And be itfurther emitted. That the officers and foldier's of the late ftate troops,

1

t"'troop and their reprefentatives, fliall be, and they are hereby entitled to receive a warrant

from his excellency the governor, in like manner with the citizens aforefaid, on pro

ducing the genuine original bounty warrant iffued under and by virtue of the afore

faid aft, for fuch quantity as is therein expreffed ; and the laid furveyors to ibe ap

pointed as aforefaid, fliall not locate or furvey any lands in the faid diftri6ls under any

other warrant or warrants whatever, than thofe iffued agreeably to the directions of

this aft.

:.

,

tOrteacre'mc- 4. And le it further enabled, That every perfon or perfons making fuch furvey o

to^ecuMTM- furveys, fliall within twelve months fettle in faid diftrift, and cultivate at leaft one

months. acre for every hundred acres he may fo locate, and that no one perfon fhall obtain

a warrant in his own name, for any larger quantity than is herein before fpecified.

sett!eexempt 5. And be it further enabled. That for the encouragement of perfons defirous of

foil"yeaS! for' fettling on the faid lands, and to extend the limits and increafe the population of this

ftate; the faid diftrift or county fliall be exempt from taxes for the {pace of four

years from and after this aft fhall take effeft; and noperfon or perfons fliall be bound;

to pay for fuch land more than the ufual and cuftomary office fees,

suiveyorsto Q. And 'le'itjurlher enacted^ That the furveyors to be appointed by this ac\

fSty1im<ibefc>r the faithful performance of their duty, fhall each and every of them give bond

and fufficient fecurity to his excellency the governor for the time being, in the fum of

three thoufand pounds, arid fliall take and fubfcribe the oath ufually adminiftered to

furveyors. Any perfon or perfons, or furveyor, who fliall prefurne to furvey land

in the faid diftrict, not duly authorized, each and every fueh perfon or perfons, fhall

for every furvey made, forfeit and pay the fum of ten findings for every acre fo fur-

veyed, one half to the informer, and the other half to, and for the ufe and benefit of

this ftate, which fum fliall be profecuted for, by the department of the attorney gene

ral, on the information of any perfan, and all fuch furveys fliall be and they arehere-

by declared to be null and void.

Btojaisnrvc) 7* ^ n^ w^ereas many perfons have furveyed lands contrary to the laws and wel-

, *cWveiir. jrare of jnjs ft ate : _ge -ft enaffed} That all fuch furvey or futveys, and the grants foam-*,

'INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.

4 6>

ded thereon, be, and the fame and each and every .of them, are hereby declared to be

null and void. 8 . And be it further enabled, That the fum of twenty thoufand dollars be, and the Tv,cnttthmi.
fame is hereby appropriated for the purpofe of extinguifhing the Indian claims, to $$& fuch territory, (Ihoujd any there be.) And the fenators and reprefentatives of this SSSnISimfcn' ftate in the congrefs of the United States are required to apply, without lofs of time tion for a treaty to' be held, with fuch tribes or nations of Indians who may claim theuouTatreaty.

right of foil to fuch lands; and this law mall begin to operate within two months af

ter the extinguishment of fuch claim or claims. o. And be"it further enatted, That three commiffioners be appointed to attend any commwonTM

treaty to be held under the authority of the United States for the purpofe of extin- ^|4^;: guifhing the Indian claims to the territory aforefaid, who fhall be entitled to receive t.^.

fix dollars per day .each, as a compenfation for their fervices, and .they fhall be al

lowed a fecretary, who .fhall receive three dollars per day for his fervices.

i o.. And whereas the Indian claims.to that traft of country, called and -known by the TMteconjg

name of Tallifee, lying between the rivers Alatamaha and St. Mary's, were extinguifh- a-clw *

ed by commiffioners appointed^by-the legiflature of thjs ftate, in O.ftober oi'ie thoufand

feven hundred and eighty-five, by treaty. Be it therefore enatffd, That all that traa

of country known by the name of Tallifee, be, and the fame is hereby annexed, and

fet,a part, for iocation^in the fame manner, and under the fame rules and regulations,

as the lands defcribed in this aa, : any law to the contrary notwithftanding. Provided,

That no location on the lands herein defcribed, fhalltake place, until the affent of the

general government fhall be firft obtained.

11. And be it further enafted, That the territory lying between the rivers Oconee, cwn p.TM

the branch thereof called the Appalachee, and the Oakmulgee, fhall be laid off into ^$itrMft

five diftrias, in the manner following, viz. All that part from the confluence of the

Oconee and Oakmulgee, rivers, up to a line to be run direaiy from Carr's bluff on

the Oconee, to the place where the Cuffeta path croffes the .Oakmulgee River, mall

form the firft diftria : All that part Inying between the faid line, and a parallel line, to F>"t<"w*-

be run direaiy from the mouth of Shoulderbone to the Oakmulgee River, fhall

form the fecond diftria : All that part lying between the faid laft mentioned line, second.

and a parallel line to be run from the mouth of Jack's Creek on the Appalachee

River, to where the fame fhall interfe'ft, the northernmoft or main branch of the Oak

mulgee River, fhall form the third diftria : All that part lying between the north and TO*.

fouth branches of the Oakmulgee River, that is to fay; from the fork thereof, up

the faid northern or main branch of the faid Oakmulgee, to the place where the Bloo

dy Trail croffes the fame, thence a due weft courfe to the Chatahouch.ee River;

thence down the faid river to a point on the fame, from which a due eaft line fhall

ftrike the head or fource of the main fouthernmoft branch of the faid Oakmulgee;

thence down the fame to the place of beginning, fhall form the fourth diftria. And FourtSl'

all the remaining part of the faid territory, fhall form the fifth dittria.

mh.

12. And be it further maBed,, That all the diftria of territory called Tallifee, fhall ImSST*

form one other'diftria; and that a furveyor fhall be appointed by the legiflature for ATMVv^.rt

each and, every of the diftrias above mentioned, who fhall give bond and approved ^llf^

feeurity to his excellency the governor, in the fum of three thoufand pounds each, for JJHHIF"

the faithful and impartial performance of their duty, agreeably to the principles of^S*"*

this aft; and no furveyor fhall be at liberty to employ any perfonas a deputy in either SE'db'

of the faid diftrias, until he fhall have paffed the examination of the furveyor general, J^SuSS^

and be approved by the governor, nor fhall any furveyor retain in his fervice

pvoved bytb

268 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF, i
than two deputies, and each furveyor fliall be refponfible for the conduft of his depu ties.
Arb.tofeasii *3- And be it further ena&ed, That it fhall.be the duty of the furveyors to be apfitr!"cdrdrf pointed under this aft, to afcertain the quantity of land contained in their refpeftive
as nearly as may be, to make a fair plan' or plat thereof, marking the feveral water courfes and remarkable places contained therein, and to return the fame to the furveyor general's office, which mail be there entered of record, before any furvey mall be made for any perfon or perfons whatfoever. Ami certain' 14. A nd be it further-enaBe d. That his excellency the governor (hail, previoufl'y to ftoriidpsublaliicd uosuet*, h, is/il,iumg any wJ arrant orf lfurvey to thI e ci ti zens orI th1 is iatate, or any othl er perirons whatfoever, caufe three thoufand acres of 'land to be laid off on the fouth fide of the Alatamaha River, on the bluft' lying neareft to the confluence of the Oconee and Oakmulgee rivers; two thoufand acres on the fouth fide of the Oconee River, on the moft advantageous bluff near the Rock Landing, together with one thoufand ; acres in addition to the foregoing, in each of the diftrifts contemplated by this -act, in the moft advantageous parts of the faid diftrifts, for public ufes; and the plats of fuch furveys fliall be recorded in the furveyor general's office, and from thencefor ward fhall be completely held and vefted in his excellency the governor for the. time* being, in truft to and for the ufe of the public.
THOMAS NAPIER, Speaker of the Houfe of ReprefentcUives, ' BENJAMIM TALIAFERRO, Prefide.nt of the Senate. Concurred December 28, 1794. GEORGE MATHEW6, Governor.

An aft to provide, a fund in aid of the att of the lajl. ftjjion of the legi/lature, entitled " An att for appropriating a part of the unlocated territory of this Jlate, for the . '/ payment of the latejlate troops^ and for other purpofes therein mentioned."

\7CTHEREAS the executive authority of the United States has authorized atrea-

V V ty to be held for the extinguishment of the Indian claims to certain lands

:'|

within the limits of the ftate of Georgia, agreeably to the aft of the laft legiflature,

I

entitled " An aft for appropriating a part of the unlocated territory of this ftate, for

the payment of the late ftate troops, and for other purpofes therein mentioned;"

which treaty the ftate is defirous of furthering to the utmoft of her power and ability;

AMtionaup- i. Be it therefore enatted by the Senate and Houfe of Reprefentatives of the ftate of

fxtCngSi" Georgia in General AffemHy met, That the fum of fifteen thoufand fix hundred and

fifty-fix dollars and nineteen cents, of the ftock of the United States, the property

of this ftate, and funded in the name of George Jones, together with the intereft due

or to grow due on the fix and three per cent, proportions of the laid ftock, be, and

the fame is and are hereby appropriated in aid of the fum of .twenty thoufand dollars

appropriated by the afore recited aft, entitled " An aft for appropriating a part of

the unlocated territory of this ftate for the payment of the late ftate troops, and for

other purpofes therein mentioned," for carrying a treaty with the Creek Indians into

execution, and for extinguifhing the faid Indian rights to the territory in the faid aft

mentioned and contemplated to be extinguifhed; and his excellency is hereby empow

ered to caufe the fame to be alligned and fet over on the books of the ireafury s or;

INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. 269

on the books of the commiffioners of loans of the United States for this ftate, for

this fpecial purpofe and no other. And in order that no difficulty may arife from

deficiencies of appropriation for the defirable objeft of carrying into execution the

faid treaty, and the extinguifhment of the Indian rights under it:

2. Beit further enabled, That his excellency the governor, in cafe he fhall deem T^over^r

the fame neceflary, mail be, and he is hereby empowered to caufe (b much coniif-^^t|d

cated property which may have reverted to the ftate, or which may have remained S^'

yet unfold, to be'difpofed of at his option, either at public or private fale, as may 1"18-

appear to him moft advantageous to the ftate, as will raifethefum of ten thoufand

dollars cam, and which furn is hereby appropriated for that [peeial purpofe and no

other, any thing in any former law to the contrary notwithstanding.

3. And-be itfurther enatted, That fo foon as aad immediately after the extinguim- S^fc'i"

ment of the Indian claims as afore mentioned to the lands contemplated to be ob- ^Scwfm

tained under the treaty, fhall have taken place, the further operation of the faid.aft , *i! cxt"1Eulsh*

entitled "An aft for appropriating a part of the unlocated territory of this ftate, for

the payment of the late ftate troops, and other purpofes therein mentioned,": fball

eeafe and ftand fufpended until the meeting of the General Aflembly, which his ex

cellency^ the governor is hereby required to convene fo foon as the treaty fhall be ra

tified by the Senate of the United States, and for twenty days thereafter.

4. And be it further enaSed, That no furvey fhall be made, or grant fhall iffue for So?'co'!mte'

any land fo extinguifhed, until the fame -fhall be laid off' into counties, agreeably to

the cbnftitulion.

5. And be it further enabled. Thai three difcreet and proper perfons mail be ap-J(J!1reresfmmii"

pointed by joint ballot of both branches of the General Aflembly, as commiiljonersPintea-

on the part of this ftate, to attend the faid treaty; and all appointments of commif

fioners or furveyors heretofore made under and by virtue of the aft afbrefaid, are

hereby declared null and void.

;

THOMAS STEVENS, Speaker of the Houfc of Representatives.

BENJAMIN: TALI A.FERRO, Prejident of the Senate.'

Concurred February 12, 1796.

: -: JARED IRWIN, Governor. -

.

' .

An a8 to repeal an aft, entitled " An aft allowing further time to the officers andfol-

diers of the late flate troops, who have received no compenfation for their farvices,

to make their claims, and have them liquidated by the auditor," -paf/ed thefeventeenth

day of September, one thoufand feoen hundred and ninety.two.

' '-'

o ; .} c i

*' T\ E IT ENACTED h tne Senate and Houfe of Reprefentatives of the ftate of J^J Georgian General AJfemUy met, and by the authority of the fame, That thej
aft entitled v' An aft allowing further titne to the officers and foldiers of the late ftate <j troops, ! who have received no compenfation for their fervices, to make their claims, I and have them liquidated by the auditor," pafled the feventeehth day of September, ei o'ne thoufand feven hundred and ninety-two, be, and the fame is hereby repealed
. I..;-.. .DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives , DAVID EMANUEL, Prefident of the Senate,
:Affented to December 6, 1799.

JAMES JACKSON? Governor,

270

INTEREST OF MONEY,

*

An aft for reducing the intereft of money in this province.

preamble, T 7C 7"HEREAS the high rate of intereft in this province of Georgia, is a great difV V couragement to planters and others from improving their landed eftates there
in, by reafon that the profits.arifing from fuch improvements do not equal the fum paid for money fo laid out and employed; And whereas^ many planters and others, by failure of crops and other misfortunes, do become unavoidably indebted, and are therefore made chargeable with the laid high rate of intereft, to the detriment of the faid planters, and others, and to the great hinderance of the improvement and fettlement of the faid province: for remedy whereof, and for preventing the like mischief for the future: Be it enatted, That no perfon or perlbns whatfoever., from and after the twenty-ninth day of March, in the year of our Lord one thoufand feven hundred and fifty-nine, upon any contract that (hall be made from and after the faid twenty-ninth interest anno-day of March, fhall take di redly or indireclly, for loan of any monies, wares, inerthcr'thmgto"' chandize, or other commodities whatsoever, above the value of eight pounds for the tZntfftrul , forbearance of one hundred pounds for a year, and fo after that rate for a greater or "'""' leffer fum, or for a longer or fhorter time, and that ;all bonds, contracts, and ajTurances whatfoever made after the time aforefaid, for the payment of any principal or Bonds, notes & money, to be lent covenanted, to be performed upon, or for any ufury, whereupon g?ea"erintMt or whereby there {hall be referved or taken above the rate of eight pounds in the e<i!dtSrea v~ hundred as aforefaid, {hall be utterly void ; and that all and every perfon or perfons whomfoever, who fhall after the time aforefaid, upon any contract to be made after the faid twenty-ninth day of March, take, accept, and receive, by way or means of any kingly"'TM!1-" corrupt bargain, loan, exchange, chevifance, fhift, or intereft of any wares, merchanto2vacd"fhlf dize, or other thing or things whatfoever ; or by any deceitful way or means, or by ?dt treawefotiie any covin, engine, or deceitful conveyance for the forbearing or giving day of payT'1l!le' ment for one whole year of, awd for their money or other thing, above the fum of eight pounds, for the forbearing of one hundred.pounds, for a year,,and fo after that rate for a greater or leffer fum, or for a longer, or {hotter term, fhall forfeit and lofe for every fuch offence, the treble value of the monies, wares, merchandizes and oth er things fo lent, bargained, exchanged, or ftiifted, any law, ufage or cuftom to thf contrary thereof, in any wile notwithstanding.
DAVID MONTAIGUT, Speaker. By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefident. Aflented to March 27, 1759.
HENRY ELLIS.

INDIGO WEED, AN ACT TO BURY.
And att to oUige the planters of indigo., after Jleeping the weedy totury or Aeflroy it with-. , in a limited time. .-,-.
i. \ JJTHEREAS it has been reprefented by feveral perfons concerned in planting VV and making indigo., that many pernicious effects arife from the number of
flies which are engendered by leaving the weed, after having been fteeped, to rot
above ground j Be it farther ena'tied^ That immediately from and after the paffing

JUDICIARY SYSTEM.

27!

of this aft, all perfons who may be concerned in the planting and making of indigo, indigo weedto

(hall after the weed has beetvfteeped and taken out of any vat or vats, caufe the fame ^1:TM^"

t.o be buried at leaft two inches under the furface of the earth, or otherwife effeftually mT^'epS!*"

deftroyed. within forty-eight hours after fuch weed (hall be taken out f any vat or

vats as aforefaid.

2. And be it further enatfed by the authority aforefaid, That if any perfon or per- Uml?r_a peni>1.

fons planting or making indigo, fhall negleft to caufe the weed, after being fteeped, to pLliT

be buried or'otherwife effectually deftroyed, within forty-eight hours after the fame has

been taken out of any vat or vats as aforefaid, fuch perfon or perfons fo offending

ill all forfeit and pay for every fuch offence, the fum of live pounds fterling, to be

recovered as direfted by an. aft entitled " An && for the more eafy and fpeedy recov

ery of fmall debts, and damages;" and fuch afts of affembly and parts of acts of af-

fembly as have been made to explain and enlarge fuch aft.

^

3. And be itfurther enatted, That one half of fuch forfeiture mail be paid to the Ancr.'the1

perfon or perfons who fhall fueforthe fame, and the remaining half to the poor of poor,

the pariftT where any fuch offence fhall be committed.

4. And be itfurther enaded by the authority aforefaid, That this aft mall be and con- Gontiimaoi

tinue in force for two years from the paffing thereof, and from thence to theendofthe oftl"saa>

then next feffion of the General Affembly and no longer.

WILLIAM YOUNG, Speaker.

JAMES WRIGHT.

JAMES HABERSHAM, Prefident. '

March 12, 1 7.7-4.

JUDICIARY SYSTEM.
-. An atf to revife and amend the judiciary fyflem of this flats.
i. T>EIT ENACTED by the Senate and Houfe of Reprefentatives ofthejlateoff^f^n^ JL3 Georgia in General AJfembly met, and by the authority of the fame, That there tourS.8**60
-mall be three judges of the fuperior courts in this ftate, which judges mall, before -they enter on the duties of their office, take the following oath or affirmation, either beforethe governor or commiffioners by him appointed for that purpofe, to wit: " I Their oats. do folemnly fwearor affirm, that I will adminifter juftice without refpeft to perfons, and do "equal right to the poor and to the rich; and that I will faithfully and impar tially difcharge and perform all the duties incumbent on me, as a judge of the fupe rior courts of this ftate, according to the beft of my abilities and underftanding, and agreeable to the laws and conftitution of this ftate, and the conftkution of the 'United States. So help me God."
;a. And le it further enabled, That the ftate fhall be divided into three circuits, in the "'----" following manner, to wit: The counties of Camden, Glynn, M'lntofh, Liberty, into three Bryan, Chatham, Effingham and Bullock, mall form the eaftern circuit: the counties >of Scriven, Burke, Montgomery, Wafhington, Warren, Richmond, Columbia and - jefterfon, mall form the middle circuit and the counties of Greene, Tackfon, Frankh " Hancock, Qglethorpe, Eibert, Wilkes and Lincoln, ft all form the weftern

JUDICIARY SYSTEM.

-The judges to 3-. And be, it further enaUed^ That the faid judges fliali prefide in each circuit alteralternate. nately; fo that no two terms be held by the fame judge in the fame circuit fucceffively.

Courts to be 4. And be it Jurther enafled, That the judges of the fuperior 'courts, or one of

held twice a.

year in each county.

them fiiall hold the faid courts in each county twice in :every year, at the refpefctive

times, and in manner following, to wit:

IN THE EASTERN-CIRCUIT.

Times for hold On the firft days of March and September in each year, in the county of Glynn; on ing the same in the feventh days of March and September, in Carnden; on the fourteenth days

of March and September, in M'lntofh; on the twenty-firft of March and Septem

ber, in Liberty; on the thirtieth of March and September, in Bryan; on the fourth

of April and October, in Chatham; on the ninth of May and twenty-fourth of Oc

tober, in Effingham; on the fixteenth of May and thirty-firft of October, in Bullock.

IN THE MIDDLE CIRCUIT.

the

On the firft day of March and September, in the county of Burke; on the four

teenth of March and September, in Scriven; on the twenty-fecond of March and

September, in Montgomery; on the twenty-eighth of;March and September, in

Wamington; on the; eleventh of April and October, in JefTerfon; on the fixteenth

of May and feventeenth .of 'October, in Warren; on the twenty-third of May and

November, in Richmond: ,on the fifteenth of June and twelfth of December, in

Columbia.

IN THE WESTERN CIRCUIT.

Awd in the

On the firft of March and September, in Hancock; .on the fourteenth of March,

wettemcircuit and September, in Greene; on the twenty-eighth of March and .September^ in Ogle-

thorpe; on the fourth of April and October, in Jackfon; on the eleventh of April

and October, in Franklin; on the eighteenth of April and October, in Elbert; on

the twentieth of May and November, in Wilkes; on the firft of June and Decem

Pfoviao. ber, in Lincoln. Provided, That in cafe any of the aforefaid court-days fliali happen on Sunday, then and in that cafe, fuch court fhall commence on the next day

thereafter.

Judges, attor ney and Bolici-

5. And be it further enaffied, That the judges, attorney general and folicitors, fhall

meet annually at Louifville on the tenth day of July,* for the purpofe of forming

w the tenth of rules for the government of the fuperior court, determining on fuch points of law

juiy-.&c, fls may ke referve(j for argument, and may require an uniform decifion, and for gi

ving their opinions on fuch conftitutional and legal points as may be referred for their

prov;^. .consideration by the executive department: Provided always, That nothing'herein

contained fhall extend to or be conftrued to authorize the judges to enter upon any

proceeding which may affect any caufe in its progrefs to final decifion, agreeably to

the constitution, in the county wherein the defendant or defendants refide; nor {hall

any order or decifion of the faid judges be promulgated, or tend to preclude the ad-

miffion of any new evidence which may arife in the progrefs of any caufe, prior to

the final decifion and entering up judgment thereon, in fuch county; and that it fhall

be the duty of the judge or judges preiiding in the refpefctive circuits, to make a re-

judges to re- port of the trial of every criminal'cafe of a capital nature, which fhall be publifhed

port all crimi- *

- "v~^ . _

J

...

_

r_?

r

beforeTifem11 ^n one of: the public gazettes, within'fixty days after fuchlrial fhall have taken place.

jurisdidtion of the t

6. And -be it further enaffled, That the faid fuperior courts {hall have full power and

authority to hear and determine, by. a jury of twelve men, all pleas, civil and cri-

kninalj: and all caufes of what nature or kind foever, according to the ufages and cuf-

* Altered by aft of 1799, to the fecond Monday in January.

JUDICIARY SYSTEM.

Corns' of courts of law and equity; (except fuch as are hereby referred to inferior ju-

rifdi&ion) on the days and times before mentioned. And that it fliall and may be

lawful for the faid judge or judges to proceed with a jury, on petition and procefs

direfted to the faid judges in all difputes of a civil nature, cognizable by original ju-

rifdiaion in the faid court, for any debt or damages or any fum of money above thir

ty dollars; and if any cafe or matter in difpute requires equitable interpofition, and '*

a common law remedy is not adequate, the judge prefiding fhall exercife all the pow

ers of a court of equity, competent to compel the parties, plaintiff and defendant in a

caufe, to difcover on oath all requifite points neceffary to the inveftigation of truth

and juftice; which.proofs when obtained, fhall be fubrnitted to a fpecial jury, whofe

verdict fliall be final, and execution thereupon may be ifTued. 7. And be it further enafted, That the faid fuperior courts fliall have power to iffue^yi^eaii

writs of fcire facias, mandamus, habeas corpus, and all other writs which may be^t.

neceffary for the exercife of their jurifdi&ion, and agreeable to the principles and

ufages of law and equity. , :

,;

8. And be it further- enaffsd) That the fuperior courts fhall,, in all! tides refpeaingBa^wajb*

the difcovering the tranfaBions between co-partners and ;co-executors, compelling rtain cases;

diftrjbution of inteftate eftates, or: payment of legacies,: be competent to fuftain a

fuit by bill and proceedings therein, until the fetting down of the caufe for hearing;

flvch fuperior court fhall then fubmit the merits of the fuit with the evidence thereon, ^g1'"1*8

which'in- ail cafes fliall be given! wV fioce in court, i(or .otherwife within the rules of

the common law) and all matters refpefting the fame, to aifp'eeial jury, who. fhall

give their verdift on the fame;; b'ut if either ;party :fhall be diffatisfied with fuch verdia,

an appeal may be entered in the clerk's office within'ten days aftentrial, when a hear

ing'.oP fueh caufe fliall again be, had before another; fpecial jury, and fuch trial fhall

be final and conclufive, --( ' : '" -

> .-:i, . . . ; ;;

a.. And be itfurther'enaEied1 r$hM'\ncfeo Unavoidable accident, if the faid Courts,^*^*

or any of them, fhallfaif to be held at-the -times; refpeaively ^appointed for holding J^rCr

the fame,: the pro-ceedings fhall not'be^dif continued;' but the^ clerk.of the faid courts^XuSan'

fefpeaively^ fhall and may adjourn-the faid fuperior courts; from day.to day, not ex- oftlie Ju<)e'

ceeding four days, 1' until the-faid cfliurt (hall meet-;''and in'cafe the faid courts fhall not

meet and fit in that time,; the faididerk of: thevcourt as laforefaidj'.fhall adjourn the

fame to the1 next term of the faid court, to which time all caufes then depending fliall

be continued overv - And fop die more fpeedy deter-mination:and orderly conduaing

of all caufes inthe-faid fuperior Courts, i ;..:;' .;.,- : ij ::, r ;

10. Be it enacted. That the judges, iwiih the attorney;and folicitofs general, or aJ^Bf8 *^"

majority of them, fhall frame"ah-d agree upon a fetlofirules of proceedings and prac-|f-^|TM*

tied for all parties, praa'itionersiand others, in the faid'courts, which fhall be the fame te.&^ y

in all the counties,^ and which fliall in no cafe be altered,; but at a meeting of, the faid

judges, attorney and folicitors 'general, as afore'faid; -And the faid judges fhall have^ecourt^

poWer to adminifter all necefTary oaths^ or affirmations,! and; tO;;puifli by ufual fine^TMS

and iliaprifoninent, atthe difcretion of the judge or judges prefiding, all contempts p^"'"-1

of authority in any. caufe,or heariiigibefore the faid courtt , : - ,

,

emps'

PROCESS. '

11. And be it further enacted; ThatAe mode of proceeding in all civil caufes in

the fuperior courts fhall be by-petition with:procefs armexed ; which petition ' fhall ^|p"f'^

contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and di- pTM"*'""1 ""

fet forth, and be iigned by the p.arty and his attorney; /and all petitions, writs

,-

^ :,:.-,

M'Hi -.-.,''

274

JUDICIARY SYSTEM.

and proceffes of whatfoever nature or kind they may be, iffuing out of the faid Courts,

fhall be drawn, (if required) iffued and figned by the clerk of each court refpectively,

bythcc'S' and bear teft in the name of one of the judges of the faid courts, and diretled to the jb^eiiTMv teosftminetliosf fheriff of the county, returnable to the next fucceeding term, and be executed "by

ferving a copy of the fame on the defendant or defendants., or leaving fuch copy at

his or their ufual and notorious place of abode, at leali twenty days before the fnit day

of the meeting of the court; but that no fpecial plea, demurrer, or rejoinder (hall be adMo special,'&ple"a routed or allowed of in either of the faid courts ; and if either of the parties are not

ted. ea TM prepared to proceed to trial, the court fhall, upon fufficient caufe being fhewn on oath,;

Dcfcfl-mform g r ^nt a continuance thereon until the next term ; and no writ, petition,, return, pro---

iS'moTioS?" cefs, judgment or otherpi'oceeding in civil caufes fhall be abated, arrefled, quame.d

or reverfed for any defect Or want of form, or for any clerical roiftake or omiffion, not

affecling the real merits of the caufe; but the judge prefiding fhall caufe the fame to

be amended 1 on .motion in court,.without any additional co.tts, and proceed/to give

judgment according to the right of the caufe and matter in law, as fhall appear unto,

i'aid judge, : without regarding any impei^feftions, defects, want of form, clerical niiitake

or 'omiffion in fuc:h.':writ,-return, pro cefs, petition-,, judgment, or cauie of proceeding;

stohe whatfoever ;'(and-all caufes in the ;faid) courts fhall be.managed;by counfel or thepar-

matwged by counsel or tin

ty or parties themfelves, under fuoh.brder.as the courts, mall eftablifh.

fionisfnotcs,. '12. 'And'.'bc i futihetfi ena&ed, That no perfon ihall be permitted by the court-to

deny his bond, note,.'or .bill fo.Eiponey, on .other ;t,hing., uhlefs he fhall make iaffida-

vit' ofthe truth;pf fuch'denial.,. i;i L.-JI \'\\\ .{' ^-: -.:: : ; ; r, : ..-,-..

. No caiiss to bs
continued move

13. -And be:'it farther. imEted, That: no-,caufe i;nftitiUted,as aforefaid, :be fuffered. to

lay over 1 or-be. depending mare! than t\o terms,,unlefs .very fpecial caufe;ibe^fhewri

by affidavit oftlie" party applyingto. ip'irtioff tli:e^ciufe,-,t;0 induce the judge prefiding to

lengthen or piotratl the time, which fhall not in all extend to more tha,n three terms.

T-xecntois W'. '14- An& be'itfuftfae'F en&Sl;e:d^,-Jfhs.t;:.ho-. fuilj ftall be ,inftituted;.;or execution iffue

f^mp'fftoS' againft ian executor! 'or. 'adminiftratorjfen aiiy'de;b'tv!Qi';: dem.^nd,,due or,;owiipg- by any

wlontte.' 6 teftator: or -;i.ikeftat0|''uTtfei>l ihe expiration ;of jLwfelvei'tWQBiJis.. from and aftei^ the death, of

fuch teftator ot iwtfeftate; ;and all fuits .depending in- ,a;n;yS court j;within this ftate at the,

tim'e of his or fci^ddatHj'fiikil remain >urrdetieruTinediuntil;the time .limited as aforefaid

suits not to a- fliall expire ; i^ and i'o' prevent^ delays .fio.p.pocefs fhall abate by iTafon of.the death of a

,-J

pfthc^.arefe, teftator or rnteftate >, ibut sfttchr.death.beiiigj'uggeftedfiofjrecord, the.fujt fljall not be,

affionsfi'rvfvts' difcontinued^ provided the caufe of aftion fliaUfurviye,-.^either.. for ;ori again-ft fuch

: . ";:-; ex'ecutbr or-i aclmin.iftiTa tor,!iasfthQ.cafe.rriayihapp,en;:

Mmttoreasths1/',o1"r1"re'nt

1$. place,

-And l>e i6'- further .tMu&e^ ,'iTh-ait! im no: Teplevjri^ rfliall:be.:gra'nted';unlefi

,all dafesi where, oath b.e made by

di'ftrefs;- for 'the perfon

rent fliall take .or perfb.ns ap-

plying for the fame, that :hes fhe oii they, are .not. indebted ;td: the perfon fo making

diflrefs in the fu-nv:diftEainedfpr.:j ; .r0t/z'^i?<#, ..That nothing herein; contained fh all.dej-

bar the perfon or perfons^fo .-applying .for a ? writ of; replevin to bring fuit again the

perfon levying the diftrefs/iiHiaray^ecbarti of this'ftate). for, or on account of illegality;

therein.

:-.. i '.'."

.

BaJ1/

16. And be itfarther enabled). That in- kli cafes where bail mail be required th'e

amount of the debt; or..dam ages fhall appear by the oath of the plaintiff or plaintiffs,

or his or their agent or agents, before any j.u dge or ju.ftjce. of the peace, which fhall be

filed of record in the clerk's office, and a copy thereof fixed to the copy or copies of

SYSTEM,

27

the procefs'; and thereupon the meriffmall take a bail bond, with fufficient fecurky,

for the appearance of -the defendant or defendants, at the court to which fuch writ or

procefs may be returnable; and if the defendant or defendants (hall not appear

agreeably to the tenor of the faid bond, or to enter fpecial bail to anfwer the aQion,

and to pay the condemnation money thereof, or render the defendant into court, it

mall'-be the duty of the fheriff, on application therefor, to endorfe or make an af*

Cgnraent of the bail bond to the plaintiff or plantifts, who may recover the amount

due and owing by the defendant, with legal imereft, by atlion of debt founded on the

lame, againft 'the principal and bail : Provided, That any perfon or perfons becom

ing bail for any defendant's appearance at court, fhall be exonerated from fuch en

gagement, -by furrender of fuch defendant in court, or in cafe there mould be no court,

by delivering him to the fheriff, at any time during the time allowed for holding fuch

court : And provided, That the faid bail on paying coRs, {hall be at liberty to enter Mayent spe.

fpecial bail at any time before trial ; but no emparlance, advantage or delay fhall be fimc'TM p'47 htad or taken therJ eupon ; but- the proceed. litngs t\her eon fnhali!t ibe madie up i* mmedJi'a'T tely, mentor contJi

and come on in the fame courfe and order as fuch original aclion flood on the docket

of the court ; and the proceedings againft fpecial bail fhall be in the form now ufed in

the courfe and prafclice, of the faid courts re'fpeclively.

MORTGAGES.

'

. 17. And be 'it further enacted by the authority ajorefaid, That; the method of fore- foreclosure or

clofing. mortgages in this ft ate fhall be as follows : Any perfon applying and entitled mo"cage''

to forecloSe a mortgage, or his or their attorney, mall petition the fuperior court of

the county wherein fuch mortgaged property may be, ftating the caule and the amount

of his, her, or their demand, and defcribing fuch mortgaged property ; and the court

fhall grant a rule that the principal, interefl and cofts be paid into court within twelve

months thereafter ; which rule fhall be publifhed in one of the public gazettes of this

ftate, or ferved on the mortgager or his attorney, at leaf! nine months previous to

the time when the money may be directed to be paid ; and unlefs the principal, inter-

eft and colls be fo paid, the equity of redemption mall be from thence foreclofed j

In cafe of any difpute as to the amount due on any mortgage, the court mall on ap

plication, appoint one or more fit perfons to audit and liquidate the fame with liberty

of an appeal thereon, or the faid court may fubmit any other matter refpefting the

fame to a fpecial jury, which fliall be taken from the grandjnqueft as in other appeals,

whofe decisions fhall be final.

18. And be it further enabled, That in all cafes of foreclosure of mortgages (ex- fTM/"

cept where the ftate may be a party) the plaintiff' mail be compelled to take outexecu- ^"

tion againft fuch property, and the fheriff fhall feize and fell fuch property at public isa i

outcry, with like notice, and under the fame rules as are prefcribed for the Sale of fuch

property by virtue of a common execution, and after paying the plaintiff the amount

of his debt and cofts, fiiall pay over the overplus (if any there be) to the defendant,

or if the defendant be not in the ftate, fliall pay fuch overplus to the clerk of the

courtj to be kept and fecured for fuch defendant.

i

ATTACHMENTS.

19. An'd be it further enaffed, That.it {hall and may be lawful for the judges, or Attach

either of them, upon complaint on oath by any perfon, that his debtor refides, or is I

aClually removing without the limits of this ftate, or abfconds and conceals himfelf,

or ftands in defiance of a peace officer, fo that the ordinary 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 Sufficient value to fatisfy the plaintiff's demand and cofts; which

1

276

JUDICIARY SYSTEM.

attachment fhall bedirected to and ferved by'the fheriffof the county -where the property

maybe found, or his deputy, or any conftable of fuchfheriffor deputy, or any conftable,

to ferve and levy the fame upon the eftate, both real and perfonal, of fuch debtor,

wherever the fame fhall be found, either in the hands of any perfon or perfons in

debted to or having effecls of fuch debtor, and to fummori fuch perfon or perfons

to appear at the next court to be held for the faid county, and to which the faid at

tachment may be returnable, there to anfw'er upon oath what he is indebted to, or

what effects of fuch party he hath in his hands, or had at the time of ferving fuch at

tachment, which being returned executed, the court may by order compel fuch per-

rovVi.

fon to appear and anfwer as aforefaid: Provided, That the faid judges, before grant ing fuch attachment, mall take bond and fecurity of the party for whom the fame

-may be granted, in double the fum to be attached, payable to the defendant, for fa-:

tisfying and paying all cofts which may be incurred by the defendant, in cafe the

plaintiff fuing out fuch attachment fhall difcontinue or be caft in his fuit, and alfo all

damages which may be recovered againft the faid plaintiff for fuing out the fame;

which bond fhall be returned to the court to which the attachment may be made re

turnable, on or before the laft day of the term; and the party entitled to fuch cofts

any damages may bring fuit, and recover thereon; and every attachment iffued with

out fuch bond taken, or where no bond fhall be returned as aforefaid, is hereby de

Frovls*. clared to be illegal, and fhall be difmiffed with cofts: Provided always^ That every at

tachment which may be iffued as aforefaid, fhall be attefted by the judge iffuing the

fame, and be by the fheriff, or perfon authorized to ferve the fame, publicly adver-

tifed at the court-houfe of the faid county, at leaft thirty days before the fitting of the

court; and if any attachment fhall be iffued within thirty days of the next court, fuch

attachment fhall be made returnable to the court to be held next after the expiration

of the faid thirty days, and not otherwife; and all attachments iffued and returned in

any other manner than is herein before directed, fhall be, and the fame are declared

froperty at- to be null and void; and all goods, chattels, lands and tenements, fubjcct to fuch be attachments, fhall be repleviable by appearance and putting in fpecial bail, or by the

defendant's giving bond, with good and fufficient fecurity, to the fheriff or other of

ficer ferving the fame, which bond he is hereby empowered and required to take,

compelling the defendants to appear at the court to which fuch attachment fhall be

returnable, and to abide by and perform the order and judgment of fuch court:

If notreplevid and is,ot a

Provided always.

That all goods and effecls

attached and not replevied as aforefaid,

perishable naVure it may be

where the fame fhall

appear

to

be of

a perifhable nature,

on

motion of

the plaintiff

ioi<u>y order of or }}js attorney, the court may, and is hereby authorized and required to order-a

fale of fuch perifhable property, and the monies ariling from fuch fales fhall be de-

pofited in the clerk's office by the fheriff or other officer felling the fame, to anfwer

the demands of the plaintiff, if eftablifhed, and the balance, if any, after fatisf'ying

fuch demand and all cofts, {hall, by order of the faid court, be returned to the de

fendant or his attorney,

Subsequent proceedings Ihereon.

20. And be itfurther enabled, Thatif any attachment fhall be returned executed, and the property attached fhall not. be replevied as aforefaid, the fubfequent proceedings

thereon fhall be the fame as on original procefs againft the body of the defendant, "where

there is a default of appearance; and all fuch goods and chattels, lands and tene

ments, not replevied, fhall, after the plaintiff has eftablifhed his demand, be by or

der of the court fold and difpofed of, for and towards the fatisfaction of the plain

tiff's judgment, in like manner as if the fame had been taken under execution; and

when any attachment fhajl be returned ferved in the hands of a third perfbn, it fhall

JUDICIARY SYSTEM.

277

be lawful, upon his appearance and examination in the manner herein before directed,

to enter up judgment as againft the original debtor,"and award execution againft

fuch third perfonVor the monies due by him to the abfent debtor, and againft fuch

effects or property as may be in his hands or keeping, belonging to fuch debtor, or

fo much thereof as will be of value fufficient to fatisfy the judgment thereon and

cofts, ;

.

.

EVIDENCE AND SETTS-OFF.

21. And be it further enaBed, That where any witnefs refides out of the ftate, or ?viden<.es majr

out of any county wherein his teftimony is required in any caufe, it fhall be lawful ^3^TM^ for either party, plaintiff or defendant, or his attorney, on ten days' notice given to torosatorilis-

the adverfe party, or his attorney, accompanied with a copy of the interrogatories

intended to be exhibited, to obtain a commiffion from the clerk of the faid court, di- .,

reeled to certain commiffioners, to examine all and every fuch witnefs or witnefTes

on fuch interrogatories as the parties may exhibit; and fuch examination fhall be read

at the trial of the caufe, if either party fhall think proper.

22. And be it further enacted, That the faid courts fhall have power on the trial of Thccourt m.,y

all caufes, on motion and due notice thereof given, to require the parties to produce peers'TM ne

books or writings in their pofleffion or power, which contain evidence pertinent to t'S.1116' "

the cafe in queftion, and under circumftances where they might be compelled to pro

duce the fame by ordinary rules of proceedings in equity; and if a plaintiff" fhall fail

to comply with fuch order to produce fuch books or writings, it fhall be lawful for the

faid courts, on motion, to give like judgment for the defendant as in cafes of non-

fuit; and if the 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 judg

ment againft him or her by default.

23. And be it further enabled, That the faid fuperior courts ftiall have power to Ma?pei.pctl,.1te

perpetuate teftimony, on the ufual terms, praclifed in courts of equity; and alfo to eSusTloat'1'1 eftablifh copies of loft papers, deeds and other writings, under fuch rules and precau- 1'aj":is'

tions as are and have been cuftomary and according to juftice.

24= And be it further enaBed by the authority aforefaid, That in cafe of niutual^1^,^9

debts and fetts-off, where the jury fhall find a balance for the defendant, fuch defend

ant fhall be at liberty to enter up judgment and take out execution thereupon: Pro

vided, notice of fuch fetts-off be ferved on the plaintiff or his attorney on or before the laft day of the firft term.

^25. And be it further enacted, That the faid courts fhall be courts of record, and Sirtsof re:

witneffes neceffarily going, to, returning from, and attending on the fame, fhall be free witness'frce

from allarrefts by any civil action.

from arrest.

SPECIALTIES.

26. And be it further enafted, That all bonds and other fpecialties, and all promif-Aiibom^nnte.

fory notes and other liquidated demands, bearing date at any time Imce the ninth Snth'ojjune,

day of June, one thoufand feven hundred and ninety-one, whether for money orqai'liS^y c& fpecific articles, ftiall be of equal dignity, and be thereafter negotiable by endorfc- "csutmllle>

rnent, and may be fiied by the endorfee or affignee, in his, her'or their name, any

law to the contrary notwithstanding: Provided, That nothing herein contained fhall

prevent the party giving any bond, note or other writing, from reftraining the nego-proviso,

tiability thereof, by expreffing in the body thereof fuch intention.

Scout? be

qualification

JURIES.

o-fj.or S _

27. And.be itfurther enacted, That the clerks of the fuperior courts of the refpec- p^clmf111''

live counties fhall procure from the tax colleQor of fuch county, and furnifh to the S'^"*

' JUDICIARY SYSTEM.

>.

court (within two months) a lift of per fons liable and qualified to fervc.as grand and

petit jurors, agreeable to the qualifications herein after prefcribed; and all free white

male citizens above the age of twenty-one years and under u'xty years, are declared

to be qualified and liable to ferve as petit jurors for the trial of alfcivil caufes, for

recovery of debts or damages to any amount whatever; but no perfon fhall be ca

pable to be of a jury for the trial of treafon, felony, breach of the peace, .or. any

other caufe of a criminal nature, or of any eftate of freehold, or of the right or title

to any lands or tenements, in any court of record within this Hate, who fhall not be

qualified to vote at eleQions for members of the legiflature; and if any perfon not

qualified as aforefaid, fhall be returned on any jury, he mall be difcharged on the

challenge and proof thereof, of either of the parties to fuch [hit, or on his own oath

of the truth thereof: Provided, That no exception againft any juror, on account of

his qualification, fhall be allowed after he is fworn.

e 2 ^' And be it further enatted, That the clerks of the feveral courts are required in

,ePre ''encean(i under the direction of the judge or judges of fuch court, to regulate and

lS correcl the feveral j ury lifts annually., by particularly fpecifying, in diftinct columns the iStei.tobe " perfons moft abje, difcreet and qualified as herein mentioned, to ferVe as grand jurors ;

which lift, fo corrected, {hall be committed to the fafe keeping of the clerks of fuch

courts refpectively ; and the clerks of fuch courts (hall immediately after receiving

Inch lift fairly enter the fame in a book for that purpofeto be provided by fuch clerk,

(at his own expence) diftinguifhing in feparate columns the perfons felefled to ferve as

grand jurors, and thole for the trial of civil and criminal caufes as aforefaid; and the

names of the feveral perfons fo {"elected, fhall be written on feparate pieces of paper,

and put into the different apartments of a jury box, to be provided by the clerk at the

Gonstmaionof public expellee, in the cOnftruQion and manner herein after prefcribed, to wit : There

which the {hall be an apartment in the faid jury box, marked number one, in which {hall be pla.tiwicmtoebsoefkienyrot.rs ced..the names orr-alul ithe perions J {eJlected ' as grand jurors, an' d another apartmrent

marked number two, in which {hall be put the names of all the perfons fclecled for

trial of civil and criminal caufes as aforefaid ; which box {hall be kept locked, and no

jury fhall be drawn or empannelled, but in the pretence of one or more of the judges

and the clerk of the court ; nor fhall any clerk of the court or other perfon having

.the cuftody of the jury box, prefume on any pretence whatever; to open the faid

jury box, tranfpofe, or alter the names, except it be in the prefence of the judge or

juftices officially attending for the purpofe of drawing jurors, of correcting the lifts,

under penalty of being dealt with in the manner herein pointed out for mal-praQice

in office*

drihavevmjuagntjiuCrTieosf.

2 Q. ^

And It it further enabled.

J

3

That the faid Jjudgoe or Jjuftices and clerk of the court,'

or perfon having the cuftody of the key, fliall previous to the adjournment of any iu

perior court, or at leaft two months prior to the fitting of the next court, caufe to

be drawn out of the apartment of the faid box marked number one, not lefs than

twenty-three, or more than thirty-fix names as grand jurors ; and out of the apart

ment marked number two, not lefs than forty-eight, or more than feventy-two, names

as petit jurors for the trial of civil and criminal caufes as aforefaid ; which names fo

drawn out fhall after an account is taken of them, at each term or time of drawing,

be carefully rolled up again, and depofited in two other apartments to be provided

in fuch jury box, marked number three and four, (to wit) the names of the grand ju

rors in the divifion number three, and ihe names of the petit jurors in the divifion

number four ; and when all the names fliall be drawn out. of the apartments number

one and two as aforefaid; they {hall then commence drawing from the apartments

JUDICIARY SYSTEM.

279

number three and four, and return them into the numbers one and two, and fo on alternately.
30. And be it further enabled, That no grand jury mall confift oflefs than eighteen A grand jury or more than twenty-three, but twelve may find a bill, or make a prefentment, andfe^al^eighthat the names of the feveral jurors to be drawn as aforefaid, fhall immediately after SwS?ythey are drawn out, be entered by the clerk on the minute book of fuch court; and if tiru" it fhall fo happen that from any unavoidable circumftance the judge fhall not attend at the time appointed for holding the fuperior court in any county, he fhall neverthelefs attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the juftices iS^Scourt5' of~ th. e infoeri. or court ofr* f*>uchi county, a requefrt i n wri ti ng, th> at thi ey or any two otr thI em mr^amY dthraew^Hbi-attend at the clerk's office, on fome convenient day, at leaft two months preceding the jSjge<fus
next term, for the purpofe of drawing grand and petit jurors in manner herein before directed ;*and the faid judges of the fuperior courts, are declared to be refponfible for the legal and regular drawing of juries in the refpeClive circuits in which they may prefide : And in cafe of fuch unavoidable circumftance fpecially Hated by any judge of the fuperior court, the faid juftices or any two of them fhall, and are hereby re quired to conform 10 fuch requefts, by attending and drawingjuries agreeably to this aft : Provided neverthelefs, That where juries have already been drawn in any coun- Proviso, ty for the next term under the late judiciary al, fuch jury fhall ftand over and be confidered as the legal juries under this law.
CM. And be ii further enaBed. That the clerk of the court (hall annex a pannel of precept for . th, e j. ury contai.nin.g-t'h,enames orp th. e pen,o- ns di rawn to irerve on thl e grandl-mqueint., ex-nscusm,moninsjUc aclly tranfcribed from the minute book, to the precept for fummoning fuch grand ju ry ; and fliall alfo annex another pannel containing the names of the perfons drawn as petit jurors, for the trial of civil and criminal cafes, exaclly tranfcribed as aforefaid, to the precept for fummoning the petit jurors, in the mandatory part of which precept ftall be written, the words following, viz. "The feveral perfons named in the pannel"sf9IIUhereunto annexed;" which precept with their feveral pannels annexed as aforefaid, fhall be delivered by the clerk of the court within three days after the drawing of fuch juries as aforefaid, to the fheriff of the county or his deputy.
32. And be itfurther enaffedj That the fheriff or his lawful deputy for the tirn.e^fesfrS? being, upon the receipt of any precept for fummoning grand or petit jurors, mall^daysSre caufe the feveral perfons whofe names are written in the pannel thereunto annexed, court' to be ferved with a fummons at leaft ten days before the fitting of the court for which they are drawn and empannelled, which fummons fhall be in th'e following words, or words to that effeft: " By virtue of a precept to me directed, you are hereby com- Form oft!,e manded to appear before the judge of the fuperior court, at the next fuperior court, Snf SU'K" to be held at the court-houfe in and for the county of ------------ on the -- ----------
day of ------------ next, at ten o'clock in the forenoon of that day, to be fworn on the grand jury (or as a juror for the trial of civil and criminal caufes then and there depending, as the cafe may be.)" Which mail be figned by the fheriff or his lawful deputy for the time being; which fheriff or lawful deputy aforefaid, fhall make re turn of all fuch precepts, in each of which he mail fet forth the names of all fuch perfons as fhall have been fummoned by virtue of fuch writs or precepts, and the time when they were fummoned, and alfo the names of thofe perfons whom he may not have fummoned, together with the reafons why they were not fummoned, on pain of being fined by the court.
33._ And be itfurther enacted, That the clerk of the court mall make due entry inthe minute book of fuch court, of the appearance of all jurors, and likewife

2 8o

JUDICIARY SYSTEM.

enter and make report of the names of all fuch as {hall make default in appearing;

that if any perfon who (hall be drawn, empannelled, fummoncd and returned to, fervc

as jurors at any court as aforefaid, fh all neglect or refufeto appear, or after appear

ance fhall refufe to ferve, or fhall abfent himfelf without leave of the court, then

and in that cafe, it fhall be lawful for the court to fine fuch perfon, if a petit juror,

a fum not exceeding twenty dollars, and if a grand juror, in a fum not exceeding

forty dollars, unlefs fuch juror fh all (hew good and fufficicnt caafe of excufe, to be

made on oath before any juftice of the peace, and filed in the clerk's office of fuch

court,, within thirty days after opening the faid court, the merits of which excufe fhall

be determined by the next fucceeding court; and when from challenge or otherwife,

there fhall not be a. fufficieut number, of jurors to determine any. civil or criminal

Taictmcn. caufe, the court may order the fheriff or his deputy, to fummon by-danders or others,

qualified as herein before required, for the trial of fuch caufe or caufes, fiffficient to

corcona win

complete thepannel; and when the fheriff or his deputy are difqualified from ailing jn ^ manner herein expreffed, jurors fhall be fummoned by the coroner, or fuch

other difinterefted perfon as the court mall appoint.

Petit jurors1 oath.

34. And be itfurther enabled, That the oath to be adminiftered to petit jurors in ci

vil cafes, fhall be in the form following : " You, A. 5, mail well and truly try thec aufe

depending between the parties at variance, and a true verdict give according to law

and the opinion you entertain of the evidence. So help you God."

SPECIAL JURY.

spedaijuror. gg. And be it further enaBed^ That all fpecial jurors fhall betaken from the grand

nTMofthe 1>ra iidJ ury hft of the county, and ftruck in the prefence of the court, in the following man-

Ji'ruck owtolM! ner : ^e c'ei~k ma" produce a lift of the grand jurors prefent and there empannelled;,

from which the party, plaintiff and defendant, or their attorney, fliall ftrike out one al

ternately, until there fliall be but twelve jurors left, who mail forthwith be empannelled

and fworn as fpecial jurors to try the appeal caufe; and in all cafes the appellant

fhall ftrike firft ; and in cafe of refufal in either, to ftrike fuch fpecial jurors after due

notice given for fuch fpecial jury to be empannelled, fhall, on behalf of fuch abfent par

ty or his attorney, proceed in the fame way and manner as if the party abfent or refu-

fing had been prefent or confented to the fame,

Tiidroath. ^ And be it further enabled, That the oath to be adminiftered to fpecial jurors

fliall be in the words following, to wit ; " You fliall well arid truly try the caufe now

depending between A. B. appellant, and C. D. refpondent, and a true verdict give

according to equity, and the opinion you entertain of the evidence produced to you

to the beft of your {kill and knowledge, without favor or affection to either party.

So help you God."

VERDICTS, JUDGMENTS AND APPEALS.

rropcrty bound 07. And be it further enaffed. That, the plaintiff' or his attorney mail not be at liSfroim|lctHhe"dtvatcer" ,beroty/ to i,,ign j.ud,gJment wi.th.i.n..tour days al,,t"er verd,i,c,,t, wi.t.h.in whi/ch time the party

againft whom fuch verdict (hall pafs, upon giving fecurity may ftay the execution fixty

days after the end of the court ; but all the property of the defendant mall neverthelefs be

bound from the day of obtaining the firft verdict, which fhall bear intereft until paid ;

and in cafe either party fhall be diffatisfied with the verdict of the jury, that then and

in fuch cafe, either party may within four days after the adjournment, of the court (in

all cafes) enter an appeal in the clerk's office, which fhall be admitted and a new trial

granted, and tried the next term by a fpecial jury. Provided the perfon or perfons fa

appealing fliall, previous to obtaining fuch appeal, pay all cofts that may have arifen

on the firft trial, and give fecurity for the eventual condemnation money, or to ren-

JUDICIARY SYSTEM

c'Sx

<3'er the defendant in difcharga thereof, and that no executor or adminiftrator, as fuch,

fliall be liable to give fuch iecurity; but if, on hearing fuch appeal and new trial, it

fliall appear, and the court fliall certify, that the appeal was frivolous or intended

for delay only, then the court fliall direQ the jury trying the sppeal caufe, to afl'cf*

damages to the party aggrieved for fuch delay, not exceeding ten per centum; and

in cafe of a jury committing contempt, or breaking up before giving in their verdict

in civil cafes, the court may declare the fame to be a mis-trial.

38. And be it further entitled, That no confeffion of judgment fliall hereafter be

entered up, but-in the county wherein the defendant or defendants refide, nor unleCs

the caufe hath been regularly fued out and docketed in the ufual way, as in oilier

cafes, nor until fuch caufe be called in order by the court for trial.

39. And be it further enaSed, That no verdict fliall be received on any unliquida

ted demand, where the jury have increafed their verdict on account of intcrcfi, nor

fliall intereft be given on any open account in nature of damages.

ARBITRATION.

40. And be it further enabled, That in all matters fubmitted to reference by parties Arbitration,

in fuit, under a rule of court, or other agreement in writing, figned by the parties,

judgment fliali be entered up by the party in whole favor the award is given, and ex-

edition fliall iffue for the fums awarded, to be paid as they refpectively become due,

and be levied on the property of the party againft whom the judgment fliall have

been entered up, and fuch other proceedings fliall be had thereon by the court, as iii

cafes of judgments entered up on verdicts of juries: Provided, That no judgment

fliall be entered up on an award, where it fliall appear any other caufe or caufes

{land on the docket of the court againft the defendant or defendants undetermined:,

before the caufe in which a rule or other agreement in writing for arbitration is enter

ed into.

EXECUTION.

41. And be it further enacted, That all executions fliall be directed to all and firi-f^"11^ '?

gular the fherilfs of the ftate, be figned by the clerks, and bear teft in the name of 101"5110-

one or more of the judges of the court; and may be levied on the eftate, both real

and perfonal, of the defendant, or iffue againft the party caft, in any county of this

ftate.

4.2.'Arid be itfurther enabled, That no injunction on any judgment obtained in t^graS

the fuperior courts fliall be iffued or allowed of; but in al! caies where execution fliall

iffue illegally on matters which fliall have arilen fubfequent to judgment, or the flie- dSrfpnl

riff fliall execute property claimed by any perfon other than him againft whom fuch KwSwed'.

execution iffued, in which latter cafe it fliall appear by the oath of the perfon fo claim

ing, or by the oath of his attorney, it fliall be the duty of the fheriff to poftpone the

faleor further execution of the judgment, until the next adjourned court or term of

the fuperior court, whichever may firft happen; and fuch court fliall itfelf determine

on the legality of the execution, and fliall caufe the right of property to be decided

on by a jury at fuch court (if in term time,) or at the next court thereafter, if fuch

report be made at an adjourned court: Provided, the perfon claiming fuch property, j,rovil9

or his attorney, fliall give bond to the flieriff, with fecurity, in a fum equal to the

amount of the execution, conditioned to pay to the plaintiff all damages which the

jury, ontlietnalof the right of property, may affefs againft him, in cafe it fliould

appear that fuch claim was made for the purpofe of delay; and every juror on the7^1^

trial of fuch claim fliall be fworn, in addition to the oath ufually adminiftered,, (to irl^o"

Nn

' .

"^

2 8 2!

JUDICIARY SYSTEM.

give fuch damage as may feera reafonable andjuft to the plaintiff againft the claimant

in cafe it {hall be fufficiently fhewn that fuch claim was intended for delay only ;) and

it {hall be lawful for fuch jury to give verdict in manner aforefaid, by virtue whereof

The burthen of execution may iffue againft fuch claimant: And-provided alfo, That the burthen of

tilepSntiffin the proof fliall lay with the plaintiff" in the execution.

shcSfcMksto 43. And be it jurther enabled, That no fales in future fliall be made by fheriffs of

'?ues<iay?neach property taken under execution, but on the firft Tuefday in every month, and be-

toiny days'pro--1 ween the'hoursof ten and three o'clock of the day; and it fliall be the duty of the

fheriffs to give thirty days' notice in one of the public gazettes of this ftate, of all fales

of lands and other property executed by him, and alfo advertife the fame in three of the

moft public places in the county where fuch fales are to be made; and {hall give a

full and complete defcription of the property to be fold, making known the name

of the defendant, and the perfon who may be in poffeflion of the property (ex-

.cept horfes, hogs and cattle,) which may be fold at any time by the conl'ent of

the defendant; and in which cafe it fhall be his duty to give the plaintiff ten days' no

tice thereof, and alfo advertife the fame in three or more of the mott public, places in

the county where fuch property may be, at leaft ten days before the fale.

OFFICE OF ATTORNEY GENERAL.

ftfiiceaml duty 44. And te it further enacted, That the office of attorney general fliall be, and is

general vested in three per

hereby declared

to

be vefted

in,

and the

duties thereof {hall be performed by three

sons; one for each circuit,

perfons to be ftyled the attorney and folicitors general : one to attend the eaftern, one

the middle, and the other the weftern circuit, who fliall execute their office jointly or

feverally, and ftiall be fworn to the faithful execution of the duties thereof; and vhe

faid attorney and folicitors general fhall, previous to their entering into the duties .

of their refpeclive appointments, feverally give bond to his excellency the governor

and his fucceffors in office, with two good and fufficient fecurities, which fhall be ap

proved of by his excellency the governor, or one of the judges of the fuperior court,

in the fum of five thoufand dollars, conditioned for the true arid faithful performance

of the duties of their refpeQive appointments; which bonds fhall be taken by his ex

cellency the governor, or either of the judges of the fuperior courts, and fhall be d'e-

pofited in the fecretary of ftates office ; and it fliall be their duty to. profecute all de

linquents for crimes and other offences cognizable by the faid court, and all civil ac

tions in which this ftate fliall be concerned, and to give advice or opinion in writing to

his excellency the governor, in queftions of law in which the ftate may be interefted.

In the aVencc! !' the solicitor

45. Andwhereas, it may happen that neither the attorney general or either of the foli

or attorney general, the

citors can attend at fome of the faid courts: Be it therefore enaEled, That in fuch cafe the

court may ap point some o-

judge prefiding may, and he is hereby authorized and required to appoint fome attor

ther attorney. ney at law, or other fit and proper perfon, to prepare and profecute enditmenls and other

bufinels of the ftate; and fuch perfon fo appointed, fhall be entitled to the fame fees

and emoluments therein as the attorney or folicitors general would be entitled to, and

the attorney and folicitors general mail be allowed a falary of one hundred and fifty

dollars each per annum.

CLERKS OF THE SUPERIOR COURTS.

Clerks of the 46. And be it Jurther enaffed^ That the clerks of the faid fuperior courts fhall, be aivoerior courts. fore they enter upon the duties of their office, take the following oath or affirmation

Their oath, before one of thejudges of the faid court or juftices of the inferior court, to wit, " I do folemnly fwear (or affirm) that I will truly and faithfully enter and record all the

orders and decrees, judgments, and proceedings of the fuperior court, for the county

of-------- and all other matters and things, \vhich may be brought to me, as by law

JUDICIARY SYSTEM.

ought to be recorded, and that I will faithfully and impartially difcharge and perform

allkhe duties of my laid office, according to the belt of my abilities and underftandiog.

So help me God." And 'that the clerks of the faid fuperior courts, fliall keep a rcgu- Thc!l. du^ .

lar and. fair minutes and dockets of all court bufinefs which fliall be figncd by the pre

'fid:ing judge or judges on the bench, as far as the fame may be gone through prior to the adjournment from day to day, and fhall give bond, with two fecu rides, to the sfc,n |sTM.bo

governor or commander in chief, and his fucceffors in office, in three thoufand dol- "" """"'^

Jars, for his good conduct while in office, which bond fhall be dcpofited in the public

treafury ; and that the clerks of the fuperior and inferior courts, throughout this ftate Arcjustjcc6of

.be, and they are hereby declared to be juftices of the peace, ex-officio, fo far as to%^"-

authorize them to adminifter all oaths which relate to bufinefs appertaining to their

aid offices.

.

: 47. And be it farther entitled, That if any clerk fhall be guilty of extortion or A^.^M

other mal-practice in the execution of his office, upon complaint made on oath to thci"ozc.

attorney or folicitors general, it fhali be the duty of i'uch attorney or fblicitors gene

ral to exhibit a bill of endiclmentagaiuft the perfori fo offending ; who upon convic

tion thereof, fhall be fined or removed from office and fuffer fuch other purii/limem as

the law directs.



' 48. And be it further enacted, That no clerk of a court or other perfon employed aeru juiiiw

in his office fhali act as an attorney in his own name or the name of any other per- 1*d '" atl:c""":s

ion, or he allowed to plead or practife in any of the courts of this Rate, during the

time he is in fuch office.

49. And be it farther enacled, That the fum of two dollars * 'fhall be paid on all state fee o

fuits commenced- in the fuperior courts when the debtor dainages fued for exceed (he ""^

fum of five hundred dollars, and the fum of one dollar and fifty cents, when the fum

fued for does not exceed that amount, to be paid to the clerk by the plaintiff before

the fuit or procefs i flues, for the ufe of the ftate, which fums fhall be charged in the

bill of cofts ; and the clerks of the refpective courts of all the counties in this ftate, are

hereby required to make annual returns to the treafury on oath, on or before the firft

day of January in every year, of the number of fuits commenced, and the fums re

ceived thereon, and fhall at the fame time remit to the treafurer the amount of fuch

return, deducting three per centum ; and any clerk failing to make fuch returns and

to pay or remit the monies as aforefaid, fhall on complaint made by the treafurer to

the judge or juftices of their refpeclive courts, be liable to a writ of attachment for contempt, and fined at the difcretion of the court; and continuing in default may be

.difmiffcd from office, and fuffer execution from the treafurer in like manner as tax

collectors ; and the faid clerks of the feveral courts (hall be entitled to fifty cents for each execution by them iffued.

' 50'-<Andbe it further enabled, That any attorney, or attornies, who fhall com-

pience an afction or actions in any of the courts of this ftate, for any perfon or perfons

whatever refiding out of the county wherein fuch fuit may be commenced, fhall be

confidered liable; and fuch attorney or.attornies, are hereby made liable to pay to the clerk,' iheriff and defendant's attorney their refpective fees.

, ' .

SHERIFFS.

51. And he it further matted, That the fheriffs of the feveral counties, ft all attend s the fuperior and inferior courts in their refpective counties when fitting, and by them- du

t, '"5 '

lelves or deputies, execute throughout the counties all writs, warrants, precepts and

* Repealed by a6 of 1 799--and re-enafted by the tax aft of 1 800. 1

JUDICIARY SYSTEM.

proceftes directed to diem, and iffued under the authority of any judge or juftice of

the faid fuperior or inferior courts, or the clerk of either of the courts ; arid the faid

fheriffs or their deputies fhall have power to command all necefl'ary affiftance in the

execution of their duty, and to appoint, as there fhall be occafion, one or more de-

*''in iveboiwi P Llt'es > an d before any fheriff fhall enter on the duty of his appointment, he fhall be

and wcurity. bound for the faithful performanceof Iris duty by himfelf and his deputies, before any one

of the faid judges, to the governor of the ftate, for the time being, and his fucceffors in

office, jointly and feverally, with two good and fufficient fecurities, inhabitants and

freeholders of the county, to be approved of by the juftices of the-inferior court, or any

three of them, in the fum of twenty thoufand dollars ; and the faid bond (hall remain

in the office of the clerk of the fuperior court of fuch county, and may be fued for by

order of faid court, for the fatisfaction of the public, or perfons aggrieved by the mif-

condut of the fheriff or his deputy ; and the faid fheriff mail take and fubfcribe the

following oath, before one of the judges of the fuperior or juftices of the inferior

courts, and the fame mall be entered. on the minutes of the faid court, and before fuch

weir 0*01. iheriff fhall enter on the. duties of his office, to wit : "I do folemnly {'wear or 'affirm

.(as the cafe may be) that I will faithfully execute all writs, warrants, precepts and pro

ceffes directed to me as 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 of

fice of fheriff of--------during my continuance in office, and take only my lawful fees:

toFc1 tie' s'ame So help me God." And an oath to the fame purport fhall be taken by each ofthe de-

lwtl>>

puties of faid fheriff in like manner.

'-.-

writs, &c to z-2. And be it further enaffed. That in all cafes wherein the fheriff of any county,

tabhneeddcisroeerrotvtnee*edrtboiyn

or h, i.s d, eputy, r /'

mnailll Oi Q a party I/

or m tere ntedi,'

thi e wri t_s,'

prrecepfts andi p" roceirireis,

in hai,i.i

rmmcass. be directed to the coroner or the county; and the laid coroner is hereby authorized

thevd"3iiofay to execute and return the fame; and in cafe of the death of either of the {aid fhe-

vacancy is

deputy or deputies fhall continue in office, unlefs otherwiie fpecially remo^ anj fa.d\\ execute the fame in the name of the deceafed, until another fheriff

fhall be appointed and qualified; and the defaults and misfeafancc in office of fuch

deputy or deputies in the mean time, as well before as-after the death of fuch fheriff,

fhall be adjudged a breach of the condition of the bond given as before directed by

the fheriff who -appointed fuch deputy or deputies; and the executor or adminiftrator

of the deceafed fheriff mall have the like remedy for themifconducl:, or misfeafance,

or default in office of fuch deputy or deputies, during fuch intervals, as he would be

entitled to (if the fheriff had continued in life and in the execution of his office) un

til his fucceffor was appointed and fworn.

53' And be it further enaBed, That the fheriff of each county {hall, -at the expi-

rat i n f his appointment, turn over to the fucceeding fheriff, by indenture and fche-

suctcoessstoeirsc. i' r

dale, all fuch writs and proceffes as fhall remain in rj u ly execute and return the fame; and in cafe any

his hands unexecuted, who fhall fheriff {hall negleft or refufe to

turn over fuch proceffes in manner aforefaid, every fuch iheriff fo neglecling or re-

fufmg, fhall be liable to make fuch fatisfaftion, by damages and coils, to the party

aggrieved, as he, fhe or they, {hall fujlain by reafon of fuch neglect orrefufal; and

every meriff, at the expiration of fuch his appointment, {hall alfo deliver up to his

fucceffor the cuflody of the jail, and the bodies of fuch perfons as fhall be confined

therein, with the precepts, writs, or caufe of fuch detention; and fuch fucceeding

fberiff fhall be empowered and required to fell and carry into effeQ; any levy made

by his predecelfor in office? in like manner as fuch meriff could have done had he

..'.4$$

JUDICIARY 'SYSTEM.

a8

continued therein, and fhall make titles to the purchafers for all property fold under

execution, and not conveyed by his predeceflbr.

rA. And be it further enacted, That the fheriffs of the feveral co-unties in this flate sl,CTOTs ,,,,,.,,.

fliall have like powers and authorities; and they and their under fheriffs and jailors, Jw^ conftables, and other officers belonging to the court, be fubjecl. and liable to all ac- of(luty'

tions fuits, fines, penalties and difabilities whatsoever, which they or either of them

may incur, for or on account of the efcape of prifoncrs, or for or in refpecl of any

other matter or thing whatfoever, relating to or concerning their refpe&ive officers, in

the fame manner as\hey have heretofore been liable by the laws in force in this ftate;

and no fheriff, under, flierifr", deputy or other fheriff's officer, fliall al as an attorney siminot

at law, in his own name, or in the name of any other perfon, or be allowed to plead

or praQife in any of the courts of this Rate, during the time he is in fuch office.

.55. And be itfurther enabled, That the fheriff fliall be liable either to an aftion on ^S^;Ic

the cafe, or an attachment for contempt of court, at the option of the party, where-^Spi1'1'1

ever it {hall appear that he hath injured fuch .party, either by falfe returns, taking in-

fufficient bail, or by neglecting to; arreft-the defendant, or to.levy on his property, or

to pay over to the plaintiff1 or his attorney, the amount of any fales which fliall be: made

under or by virtue of any execution. :

.6. And be it further enabled, That if any: fheriff, or his deputy or under fheriff, And may he

fliall be guilty of extortion or other mal-praclice in the execution of his office, upon TMi|.;!iraaice in

complaint -made on oath to the attorney or -folicitor general, it fliall be the duty of fuch

attorney or folickor general to exhibit'a bill/of endiclment againft the perfon fo offend

ing, who; upon,ccjnviftion thereof, fliall be fined by the court in treble the amount

which he may have extorted from any perfon; which (hall be applied, one moiety to

the injured perfon, and the other moiety to the ufe of fuch county, and fliall like-

wife be removed from office,' and fuffer fuch other punifhment as the law directs.

57. And be it further enabled, Whenever the iheriffof any county within this ftate, .^g^j11^

'fliall fail'to make due and proper return of all writs, executions and other procefs TM-TMvjedf' om

put into his hand, or .fliall fail or neglect to pay up all monies received on fuch exe

cutions on his being required by the court fo to do, he fhall be liable to an action as

for contempt,, and may be fined, imprifoned or removed from office at the difcretion

of the judge of the ftiperior or the juftices of the inferior court, as the cafe may be.

5.8. And be it further enafted, That where any perfon heretofore or now appointed commissioners

eommiffioners of the academy in any county of this ftate, have received or may re-In^^rSn"

ceive monies or other funds into their hands, and have.not or fhall not apply fuch^i^^m-

tfhiuendli esgti.osn;latthuerepuornpopfreospeinrterenpdreedf,"enfutacthioenomofmtihfefiofnaeftrss,

may andJ

be removed' or difplaced by others appointed tIo fucceea>

application or fdueiltdcan-tionolthe

them; which fuceeffors may commence and maintain an aQion or aftions againft

their predeeeffors-in office for any monies or other funds unapplied or unaccounted

for as aforefaid, .and may receive judgment and fue out execution thereon, in any

court: of jaw within this ftate, having cognizance thereof.

FOR REGULATING THE PROCEEDINGS IN THE INFERIOR-

COURTS OF THIS,'STATE.

59. Whereas the conftitution of this ftate authorizes the eftablifliment of courts of

iid'eriorjurifdiction, Be it therefore enabled, That in every county within this ftate, a inferior court,

court fiiall be held once in every fix months, and fhall be called inferior county courts, ay'Hn"evy

and {hall be held and adminiftered by the firft five juftices named in the eommiffion FivejLticesto

of the peace, or any three of them, who being qualified in like manner as the judges '""' *"

of the fuperior courts, fhall have full power and authority to hold the faid courts, and

286

JUDICIARY SYSTEM.

to hear and determine caufes and controVerfies,' and 'other matters properly appertain

ing and referred by law to their iurifdiclion.

"...,

[;

.

S'ifVi'ed'aV ^o< J^ n ^ ^e l ^fur^ier enatied, That the laid inferior courts fhall have full and con-

'S'r'coirt8"" current jurifditlion with the fuperior courts.in all civil cafes; whatsoever, except in trial

of caufes of real eftate, which fhall be tried in the fuperior courts only, and where either

party in any caufc tried and determined in any of the faid courts fhall be diflatisfied with

the trial and determination thereof, an appeal fhall be allowed to the fuperior court,

there to be tried by a fpecial jury, in like mamieri as other appeals are tried therein.

The times of 61. And be it further enaSed, That the'terms'of the faid courts, fhall commence,

Biia'celrt's? and be held in manner and at the times .following*, that is to fay :

THE EASTERN CIRCUIT.

r? the eastern n the firft day of June and November, in Gamden ; on the eighth day of : June and

circuit. November, in Glyrn; fifteenth day -of June:an'd November,',in M'Intofh ; twenty-

fir it day of June and November, in Liberty j twenty-feventh day of June and twen

ty-eighth day of November, in Bryan; fifth day of July, and fifteenth of December,

in Chatham ; eighteenth of July and nineteenth of December,' in Efringham ; twenty-

fifth day of July and twenty-feventh of December, in Bullock,'.i

THE MIDDLE'CIRCUIT, :

jnthemiddle On the firft day of June and November,- in Burke; thirteenth of June and four-

t"'cmt< teenth of November, in Scriven ; twentieth of June and twenty-firft- of November,

in Montgomery; twenty-feventh of June and .twenty-eighth of November, in Wafh-

irigton ; eleventh of July and feventh of December,'in JefFerfen; eighteenth of July

and nineteenth of December, in Warreri ; (\\tenty-fifth of July and twenty-eighth of

December in Richmond; the firft day of< Auguft and. eleventh of January, in Co

lumbia.



THE WESTERN CIRCUIT.

*-

jnthewostem 1 On the firft of June and November, in Hancock ; fourteenth of June-and Novem-..

ber, in Greene; twenty-eighth of Junfe and November, in Oglethorpe; fifth of Ju

ly and December, in Wilkes; nineteenth of July and December, in Elbert;. twenty*

fixth of July and December, in Franklin) firft of Auguft, and fecond of January,

in Jackfon ; the eighth of Auguft and ninth of January, in Lincoln;: And the jufti-

ces of the inferior courts may adjourn from day to day, until they'get through the

docket.

efficm of the 6'2. And be it further enabled, That the clerks of the inferior courts fhall take a

tofwkethe rts like oath, give a like bond and fecurity, and be liable and fubjecl to the like pains

beTndlr'tife"'1 and penalties for mal-practice and neglecl of duty as the clerks of the fuperior courts ;

those ofSu- and that the fheriff and his deputies, as well as conftables and all officers of the courts,

pcrior court,

_._ anci_li_ ab.le.* to the rules and_ ord.ers of,,th_ e ,in,, fe.rior court for all.mal

practices or neglecls of duty, touching or relating to fuitsor other proceedyigs in fuch

courts, in like manner as fuch officers are fubjeft and liable in the fuperior courts.

Appointment 6q. And be it further enafhd. That the iuftices of the inferior courts mall, at the f constables, f,,idne term i. n eveJry year, appoi nt not excJeedi ing two frit andi proper perlrons in each7

captain's diftriQ; for the refpective counties as conftables, who fhall hold their appoint

ments for one year, and fhall take and fubfcribe the following oath or affirmation,

> ^iat l's Ct> ^a y' 4 ' ^ ^" &' ^ f'emn 'y fwear or affirm, (as the cafe may be) that I

will faithfully execute and return all fummons, warrants,. pi'ecepts and executions,

direfted to me as conftable for the county, and in all things well and truly, to the

of my power, without malice or partiality, perform the duties of a conftable,,

JUDICIARY SYSTEM.

287

&,,. "the time I may continue in office. So help me God." And that previous to %%%'"' their entering on thejlutiex of their refpe&ivc appointment!;, (hall feverally give bond""' """''^ to his excellency (J^governor, and his fucceffors in ofBce, with fecurity which fhall be approved of by one of the faid juRices of the inferior court of their refijeclivc counties, in the Rim of two hundred and fifty dollars, conditioned for the true and faithful performance of the duties of their refpeCtive appointments; which bonds ihall be taken by oneof the juftices of the inferior court, and depofited in the clerk's oIRce of their refpective counties. Pro^i^e^ a/w<^^, That where it may fo happen, provis^ no Rt and proper perfbiTor perfbns offer themfelves as candidates, the faid juftices may draw not exceeding two perfbns as conftables for each captain's diftrici, who {hall be liable to a fine' :of thirty dollars in cafe of refufal to perform the duties of fuch appointment.
64. <d^ ^g ^yMr^gr'gM^g^ That any juftice of the peace may, in cafes where ^!^$% there is no constable in his. diftricl, either from death, removal or otherwife, autho- '='*"""* rize fome perfbn to execute the duties of cdnftable until fuch vacancy is Ailed.
65. y4d! ^ ^/^Ai;r ena^gj, That the faidjuftices, or any one of them in each^^^ county, may, in the abfcnce of the judges of the fuperior court, grant a writ of habeas ^j"^""" corpus, in the fame manner and under like regulations, as a judge of the fuperior court is empowered to do ; and.in all cafes not capital, fuch juftices may difcharge, admit to bail, or remand to jail a prifbner at his difcrctioh, according to law and juftice ; but in all cafes of a capital nature, it fhall be neceffary that one or more juftices of the {kid county court, do afTociatewith fuch juftice granting the writ of habeas corpus, at the return thereof, and that a majority of faid justices do concur in opinion.
66. ylm^ ^<? ^y^r^r g^<?^, That the faid courts fhall have the fame power to Amnnvctiie hold to bail in all cafes cognizable before them, to draw, empannel and fine petit iu-t'hcaperiur'
rors t or .the tri.al. of,, caufes^ referred to their j* urrif% uicuon, to cxerci*ffe a 1li"k: e autT ho*rity Mcouirotafcascobca^il,
over the fubordinate ofRcers of the faid courts,^ to (g.J rant writs of attachment,^ and in omiomcofoi<nmc@br&,^; all cafes cognizable before them as aforefaid, be fubjecl to the fame rules and regula- t,"[2%f
tions as may be eftabliflied by the judges and attorney and fblicitors general, for the or- g^J,'"**"'
dering and conducting f uits in the fuperior courts ; and in all refpe&s fhall be governed """"
by that part of this a6t refj?ecling the fuperior courts in matters fubmittcd to their decifion.
, That the fum of fifty cents fhall be paid by the plain- ?' ! tifFor his attorney, to the clerk, on iflliing theproccfsin all fuits under one hundred dol
lars, and the fum of one hundred cents on all fuits above that fum, to be divided among
the preliding juftices at each term, which fum fhall be charged in the bill of cofts.
JUSTICES' COURTS. 68. For the more fpeedy recovery of (mall debts, J3e ^ mafM, That the ces of the peace in the rcfpectivc company diftriQs, or any one or more of fhall have authority and jurifiliaiontohearand determine all fuits for any debts or liquidated demands, or on account for any fums of money not exceeding thirty dol
lars, by fummons or warrant: Pro^ded!, That no juftice of the inferior court, or clerk, fheriff or attorney, being a juftice of the peace, thall try any warrant, or give
judgment thereon in any civil cafe whatfbever. And the faid juftices are hereby authorized and empowered to give judgment and award execution thereupon : .Pro-The
%;:dgd ne^Mg/:, That the party caft ma'y ftay the levy of execution forty days, or.5 be allowed an appeal on payment of cofts, and giving fecurity within three days af-'*"'
ter judgment for the payment of the eventual condemnation money, or the delivery oi tne body in difcharge thereof; but no Ray of execution fhall be allowed after an

83

' JU'DICIA-RY- SYSTEM..

.appeal trial for a'longer term than twenty d.ays, in which cafe the fecurities'on the

appeal fha!l be liable for the debt and coils. -

. Appeals to i>e' 69. Anclbe itjurther enacted, That ail fuch appeals fliall be tried before any one

f'uGk'v Wl" or more juftices of the peace in the company diftrit in which the defendant rcfides^

by five jurors, to be drawn, empannelied and fworn, as herein after particularly di

rected, and in no other manner wliatfoever; wbofe verdict fhall be final and conclu-

five between the parties: Provided always, That no juftice or juftices of the peace

fhall hold any jullices' court, or pal's any judgment (except by content of parties) on

^'heidnmnth0- an X other or more than one day in each month; which day they may appoint in their

'/UK." rvxca refpective diftricis; nor at any other place than that fpecially mentioned in the war-,

rant or (iimmons, which warrant or fummons fhall be ferved by a conftable duly ap

pointed and fworn to the faithful execution of his office, either on the perfon of the

defendant, or by leaving a copy thereof at his ufual and notorious place of abode, at

leaf! ten clays before the day of trial; and it fhall be the duty of the conflables in ferv-

ing fummons or warrants, to make an entry of fervice thereon in writing, and to fig a

fuch return.

M* hold bo 7- And be it further enabled, That the faid juftices fliall have the like power and

"*"

authority to hold to bail, for debts within their jurifdiclion, and under.like reftrictions

as herein before pointed out for the fuperior.and inferior courts.

Ana issue at- 71. And"be it further enqffed. That it fliall be lawful for any iuftice of the peace iacluncnts. on ' compl,aint to~ihim mad,e on oath,,,by any perl,.on, thi at hi i's di eibtor is removing

out of the county privately, or abfconds and conceals himfelf fo that a fummons or

warrant cannot be ferved upon him, to grant an attachment again ft the goods and

chattels of fuch debtor, or fo much thereof as fliall be fufficient to fatisfy the debt

and cofts of the complainant; and fuch attachment fliall be publicly adyertifed by

the conftable levying the fame, at two or more public places in the diftrict, at leait

fifteen days; and fhall be made returnable to the next fucceeding juftices'court

thereafter, and fhall be conducted and held by them for debts within their jurifdiction,

in like manner as attachments iffuing out of the fuperior and inferior courts, except,

that the time of trying fuch attachment before a juftice of peace, fliall be at or be

fore the feeond ju(Iices' court for the diftrict which fhall happen after iffuing fuch at

tachment; and the faid juftices refpeQively may, and are hereby fully authorized and

empowered, to iffue attachments returnable to the fuperior or inferior courts, under

like circumftanccs and in like manner as the judges or juftices of the faid courts are

empowered to do.

.VKvidencetobe 72, And be itjurther enatted, That in all cafes brought before any juftices court,

wi'<i'"- 1|1 kgfj. evidence the nature of the cafe will admit-of fhall be required, nor fliall any

perfon be permitted to prove his own account by his own oath before fuch court,

without making oath in writing,, that he hath no other evidence whereby the fame

setts-off. can be eftablilhed, and in all cafes of mutual debts and fetts-off, the faid juftices may

enter up judgment for the defendant, where it fliall fatisfafctorily appear lhat there

Tit.TM*..,,., is a balance due him, and on motion and good caufe being fhewn on oath by

j'erw levied either party, the faid juftices may poftpone the trial of any caufe brought before

on, ixow to be tried.

them,

not

exceeding

in

all

three

months;

and

where

any difpute

may arife

touching

property levied on, it fhall be the duty of faid juftice to iffue his fummons to three

freeholders of the diftrict, \vhofe duty it fhall be to attend, and after being fworn,

justices.haii we^ and faithfully to try the caufe in difpute, to decide thereon; and the place for

oTM'piJefor holding courts in each captain's diftril fhall be fixed on by,the juftices thereof, and

. bowingcaurto. r^ an ke as near]y jn the centre of fuch diftrict as conveniently may be. And no

JUDICIARY SYSTEM.

289

perfon fhall be permitted by the faid juftices to deny his bond, rtote or bill for money,,,abend, note",

or

other

thing,

unlefs -fiich pejfon

fhall firft make affidavit

to

the

truth

of

fuch cd:c to be deni d but on oath.

denial.

'&.

73. And be it further enatteJ, That in cafe any perfon, after being fummoned tojM^^j.

anfwer any complaint for debt before any juftice of the peace, fhall before the fit- wTMTMTM^

ting of fuch court, remove out of the diftria, fuch juftice may neverthelefs give ^TM!I

judgment againft him ; and if any perfon after judgment of fuch court, fhall remove

out'of the diftria or county before fatisfaaion made, fuch juftice may iflue execu

tion againft fuch perfon, which execution being backed by any juftice of the county Exccutiomscu, where fuch perfon may be found, may be levied by any conftable of fuch county. ^^S'"11"

74. And be it farther enacted. That if any perfon Ihall live or refide within any^y .

county, for the fpace of ten days or upwards, the fame fhall conftitute and be con- rtSteI,e

fidered a fufEcient refidence within the fame, fo as to authorize the juftices of fuch frVa.ema ""

county to proceed againft him before any company diftria court, as herein before

pointed out, for all debts within their jurifdiaion, which may be contraaed during

fuch refidence. \ 75. And be it further enatted, That in cafe there be no juftice of the peace refi- PCTM.TM n^

dent'in any diftria, then it fhall and may be lawful for the next neareft juftice to pro-ww*tan

ceed in like manner as if the defendant was an inhabitant of his diftria; and all cafes ^^^

in which a juftice of the peace may be a party, fhall be tried in the neareft adjacent

company diftria, and not within the diffrit in which he may refide. 76. And be it further enabled, That it ft) all be the duty of the conftables of the SvyScau'cnj

feveral diftritts, to lew all executions put into their hands, agreeably to the tenor ffil ami re. th. ere of, and, to m, ake'due returns of th, erfame, togeth1er*w1 ith alili lrummons or warrants, turnthesamc.

to the court to which they may be made retuinable; and if any conftable fhall fail to ^e"" l^3"a

execute and make fuch returns, or to pay to or account with any perfon for whom j0n""ffc1TM,*

he may have received money on execution, within ten days after the receipt thereof, SiSSS0"

the perfon fo injured as aforefaid, may, upon application to any juftice within the

diftriQ, obtain a warrant againft him; and fuch juftice fhall, upon proof thereof,

award judgment and execution for the fame, and all cofts againft fuch conftable,

and alfo fine him for fuch abufe in a fum not exceeding ten per cent, on the amount

fo withheld; and in cafe of neglefl; or refufal to ferve and return any warrant or

fummons as aforefaid, may fine the conftable fo offending in a fum not exceeding

the amount of the debt due by the defendant; and all conftables fhall moreover be

fubjecl; to be profecuted and tried for mal-pratice in office, in like manner as herein pointed out for juftices of the peace, and liable to like pains and penalties.

77. And be it further matted, That the method of drawing juries for the trial ofjustices dun appeals before juftices of the peace, fhall be this; The juftices refiding in each cap-KS.of%ftain's diftria fhall procure from the clerk of the fuperior court a lift of "all the perfons 1>eals<

liable to ferve as petit jurors refiding in fuch diftria, and ihall write each name on

fuch lift on a feparate piece of paper, which fhall be depofited in an apartment of a

box to be provided by fuch juftices, marked No, i; and fhall draw fuch number of .names therefrom, not lef's than five nor exceeding feven, as they may deem neceffary

from time to time, to try the caufes depending before them: which names fo drawn

fhall be entered in a book by the juftices preiiding at the drawing thereof, andfliall

be put into an apartment of fuch box marked No. 2; and after all the names are

drawn from No. i, they (hall commence drawing from No. 2, and fo on alternately :

Provided, ThaUio juftjce fhall prefumeto draw any jury but on a court day, and in Tobe(lrWB on a court day in public. '

ago

JUDICIARY SYSTEM.

public; and that fuch jurors fhall be drawn by a perfon not interefled in any fuit to

Ami summons be tried; and any perfon fo drawn, and being fummoned by a conftabie five days

Hrt!ysbeforc before fuch court, neglecting to appear at fuch court, may be fined by the juftice or

juftices prefiding, in a fum not exceeding three dollars, unlefs he fhall fhew fufficient

caufe of excufe, on oath, at the fucceeding court for fuch diftricl: And in cafe of

deficiency of jurors to try any caufe; the juftices may direft a conftabie to fill and

complete fuch jury from die by-ftanders: Provided, That there fhall not be lefs than

^"umm'n'n" three of the original pannel on fuch jury: And the conftables' fees for fummoning a

juries. jury fhall be fifty cents for every trial had before fuch jury, and fhall alfo receive

fuch other fees as are given to conftabies by the fee bill now in force; and fuch jury

^Juries' fee. fhall, for every verdict by them given, be entitled to twenty-five cents, to be paid by

the party in whofe favor the verdid may be, and to be taxed in the bill of cofts.

Jurors' oath. 78. And be it further enabled, That the oath to be adminiftered to the jury on the

trial of appeals before juftices' courts, fhall be the fame as is piefcribed for fpecial ju

rors in the fuperior courts.

Justices' fees. 79.' And be it further enabled,, That the juftices fhall be allowed the following fees:

For making out a fummons or warrant and hearing and determining the caufe, fifty

cents; for writing and taking a bond or recognizance, twenty-five cents ; for iffuing

an execution, twenty-five cents ; for writing an affidavit and fw earing a party or de

ponent where no fuit is depending, twenty-five cents.

80. And be it further enabled, That when any perfon charged with any offence and

jt?iear.t9 their or. Dr0 ught before ajuftice of the peace fhall be difcharged forwant of fufficient caufe of commitment, the juftice or juftices may in his or their difcretion. difcharge the party

without cofts, or direcl the coft. to be paid by the profecutor.

81. And be it further enacted, That the juftices of the refpeftive counties fhall be, and

they are hereby declared to be liable to a profecution and trial, by endiftment for mal-

for mal-praciicca

praftice in office :

And it fhall

be the duty

of the attorney and folicitors general on

complaint made to them or either of them, on oath by any perfon or perfons, to frame

and prefer an endiQment to the grand jury of the county in which the juftice or juf

tices complained of may reiide, containing the merits of the complaint fpecially fet

forth; which endiclment if found by the grand jury, after hearing the parties and

their evidences fhall be tried by a jury, and if convifcled on fuch endictment, the judg

ment of the court may extend to fine or removal from office or either at difcretion.

Witnesses com 82. And be it further tna&ed, That a juftice of the peace may iffue fummons for

pelled to at tend.

witneffesin any caufe to be tried before him, which being ferved three days before the

day of trial, fuch witnefs fhall be fubjett to a fine of three dollars for default, and the

juftice may iffue an execution for the amount, provided fufficient excufe fhall not be

made, at or before the next court day ; aad all fines fhall be paid into the hands of the

inferior court for the ufe of the county.

.,,. 5m of 83. And be itfurther enacled, That no fales of property taken under execution

sales of proper ty under exe cution.

fhall hereafter be made

by any

conftabie, except on the juftices' court

day

in

every

month, and between the hours of ten and three o'clock in the day; and it fhall he

the duty of conftables to advertife all intended fales at three or more of the rnoft pub

lic places in the proper diftricr., and at one or more of the moft public places in the

county, at leaft fifteen days before any fale, and fhall give a full and clear defcription

of the property to be fold : Provided, That nothing herein contained ftiall extend to

prevent fales ofiiorfes, hogs, or cattle, at any time by confent of the defendant ; but

all fales ofproperty by conftables fhall be at the place of holding the juftices' court in

in the feveral company diftrids ; except in fuch as include ,the place appointed for

JUDICIARY SYSTEM.

291

holding the fup^r courts, in which cafe the fales to be made in. fuch diftri&s fli'all

be made at fu-ch public place. 84. And be it further enacled,

That the refpeclive

._ conftables (ball be

allowed twelve censtwcs tes

and one half cents per day, for the proper care and fuftenance of each horfe, fix andwckeeping

a fourth cents for each head of cattle, and two cents each, for hogs and flieep exe

cuted by them. . S^.fAnd be it further enabled,

That

no conftable ihall be authorized to

fell

any Mayky.hut

lands, but (hall, where no other fpecies of property can be found, levy on any lands

of the defendant, arid deliver over the execution to the iheriff of the county with a giiclvri]ci. t(jl<e

return of the land levied on, who fhall proceed to fell the fame with fuch formalities i>y the sheriff.

as are prefcribed for fales of real eftates. 86. And be it further enabled, That all former atls for regulating the judiciary Repealing
department of this ftate,be, and they are are hereby repealed. DAVID MERIWETHER, Speaker of the Houfe of Representatives.
DAVID EMANUEL, Prefident ef.the Senate.

Concurred February 9, 1797. JARED IRWIN, Governor.

An att to ratify the refolution ofcongrefs, explanatory ofthe judicial power of the United States.
W HEREAS congrefs at their feffion began and held at the city of Philadelphia^ on Monday the fecond day of December., one thoufand feven hundred and ninety-three, have in virtue of the powers veiled in them by the fifth article of the conftitution of the United States, deemed it expedient, to propofe to the legiflatures of the feyeral ftates an explanatory amendment of the faid conftitution in the words follow ing, '" The judicial power of the United States mall not be conftrued to extend to any fuit in law or equity,, commenced or profecuted againft one of the United States, by citizens of another, or by citizens or Iubje6ls of any foreign ftate, And, whereas this legiflature doth entirely concur therewith, deeming the fame to be the on ly juft and true conftruclion of the faid judicial power, by which the rights and dig nity of the feveral ftates can be effectually fecured.
Es it therefore enaBed by the Senate and Houfe ofReprefentativesoftheJlateofGeor- AnitnAment giain General AJfembly met, That this legiflature have aflentedto ratified and adopt- '"''"" ed, and by thefe prefentsdo for, and in behalf of the faid ftate of Georgia fully affent to, ratify and adopt the aforefaid propofed explanatory amendment in terms thereof.
THOMAS NAPIER, Speaker of the Houfe of Representatives. BENJAMIN TALIAFERRO, Prefident of the Senate. .Concurred November agth, 1794. GEORGE MATHEWS, Governor.

Anaftto give Concurrent jurifdiction to the fuperior courts ofthisjlate, -with the infe rior courts thereof in civil cafes.
1. ID E IT ENACTED ly the Senate and Houfe of Reprefentatives of the Jlate of Georgia in General AJfcmbly met, two thirds of both fioufes concurring thereint

292

JUDICIARY SYSTEM.

' That from and after the pafling of this aft, the fupertor courts of this Hate- fhall have ? cowls". concurrent jurifdiftion with the inferior courts thereof, in all civil cafes.
DAVID MERI WETHER, Speaker of the Houfe of Refrefentatives. ROBERT WALTON, Prejident of the Senate.
A {Tented to February 7, 1799. J AMES JACKSON, Governor.

An aB to amend an aft, entitled "An act to revife and amend the judiciary fyjlcm of this Jlate.
E IT ENACTED by the Senate and Houfe of Representatives of the Jlate of Georgia in General AJfembly met, and by the authority of the fame, it is here- ' ly enacled., That the fuperior and inferior courts (hall be held in the feveral counties at the refpeftive times appointed by an aft, entitled " An aft to revife and amend the judiciary fyftem of this ftate, fo far as relates to the firft terms which mall happen or courts aft r the paffing of this aft;" and from and after the expiration of the faid firft term ' tadeacu c i n each county, the faid fuperior courts fhall be held in each county in the refpeftive ounty. dift rifts twice in every year, by one or more of the judges of the fuperior courts, at the feveral times herein after mentioned, to wit: In each county in the
EASTERN DISTRICT, courtdaysin On the firft Monday in Oftober, in the county of Camden; the Monday therewa"rteTM dls" after, in the county of Glynn; the Monday thereafter, in the county of M'lntofh;
and the Monday thereafter, in the county of Liberty. On the third Monday in November, in the county of Bryan; the Monday thereafter, in the county of Bul lock; the Monday thereafter, in the county of Effingham; and the Monday there after, in the county of Chatham.
SPRING CIRCUIT. spring circuit. On the third Monday in March, in the county of Camden; the Monday thereaf
ter, in the county of Glynn; the Monday thereafter, ira the county of M'lntofli; and the Monday thereafter, in the county of Liberty. On the firft Monday in May, in the county of Bryan; the Monday thereafter, in the county of Bullock; the Mon day thereafter, in the county of Effingham; and the Monday thereafter in the coun ty of Chatham.
And the faid fuperior courts fhall be held at the refpeftive times following in the MIDDLE DISTRICT.
iie middle On the firft Monday in March and September, in Columbia; the third Monday in March and September, in Richmond; on the firft Monday in April and Ofto ber, in Burke; on the third Monday in April and Oftober, in Scriven; onthefourth Monday in April and Oftober, in JefFerfon ; on the fecond Monday in May and November, in Montgomery; on the third Monday in May and November, in Wafhington; and on the fecond Monday in June and December, in Warren. And the faid fevera! courts fhall be held at the refpeftive times following in the WESTERN DISTRICT.
& the wwtera On the laft Monday in February and Auguft, in Hancock; on the fecond Mon*itna. ^ay jn Mtan-ri and September, in Greene; the third Monday in March and Septem
ber, in Oglethorpe; the fourth' Monday in March and September; injackfon; the

JUDICIARY SYSTEM,

"

293

firft Monday in April and October, in Franklin; the fecond Monday in April and

October, in Elbert; the third Monday in April and October, in.Lincoln; and the

fourth Monday in April and Oftober, in Wilkes. 2. And be it further enabled, That from and after the expiration of the faid firft M^, eort

term after the paffing of this aft-, the inferior courts fhall be held twice in every year dayst

in each county, by the juftices of the faid inferior courts, or a majority of them, at

the feveral times herein after mentioned, that is to fay : In the feveral counties in the

EASTERN DISTRICT. On'the firft Monday in January, in Camden; on the Monday thereafter, in Jj.|J&fitem

Glynn ; on the Monday thereafter, in M'lntofh ; on, the Monday thereafter, in Lib

erty ; on the Monday thereafter, in Bryan; on the Monday thereafter, in Bullock ; on

the Monday thereafter in Effingham ; and on the Monday thereafter in Chatham;

on the firft Monday in June in the county of Camden ; the Monday after in Glynn ;

the Monday after in M''Intofh , the Monday after, in Liberty ; the Monday after,

in Bryan ; 'the Monday after in Chatham ; the fecond Monday thereafter in Effing-

ham ; and the Monday thereafter in Bullock. And the faid inferior courts fhall be

held at the refpeQive times following in the MIDDLE DISTRICT.

On the third Monday in June and December, in Columbia; the fourth Monday intimidate

in June and December, in Richmond; the firft Monday in July and January, in

, B.urke; the fecond Monday in July and January, in Scriven; the third Monday in

July and January, in Jefferfon ; the fourth Monday in July and January, in

Montgomery; the firft Monday in Auguft and February, in Wafhington; and the

fecond Monday in Auguft and February, in Warren; and the faid inferior courts

ftall be held at the refpeftive times following in the

-

WESTERN DISTRICT.

On the firft Monday in January and June, in Hancock; on the fecond Monday ^'''f^y68'"" in January and June, in Greene; ,on the third Monday in January and June, in

Oglethorpe; on the fourth Monday in January and June, in Jackfon ; on the firft

Monday in February and July in Franklin; on the fecond Monday in February and

July, in Elbert; on the third Monday in February andjuly, in Lincoln; and on the

fourth Monday in February and July, Wilkes : And the jufticevS of the inferior courts

rnay adjourn from day to day until they accornplifh the buiinefs of the term.

POWERS COMMON TO BOTH.

3. And he it further enafted,, That the faid fuperior and inferior courts, fhall have K^TM 0* full powerand authority to hear and.detennine all caufes both civil and criminal of Jrte.lerlor

which they ihaM feverally have jurifdiclion.according to the conftkution and laws of

this ftate,/by a jury of twelve men, to; be taken from the county, in fuch manner as

fhall herein after be;prefcribed, accordingio the ufages and cu-ftoms of law.

4. And be it further enacted, That in cafe of unavoidable accidents, whereby the cierkm^aa. faid fuperior courts in any county, fhall not be held at the time appointed for holding joumcouvt-

the fame, it fhall be the duty of the clerk of fuch court to adjourn the fame from day

to day, hot exceeding two days; and if the. faid couri fhould not fit within the two days is. aforefaid, fueh clerk fhall then adjourn the fame to the next term,

: 5. And be it further emitted. That the faid fuperior and inferior courts fhall be co..rt 0r* courts of record, and have power to adminifter oaths, and exercife all other neceffary c'd>

powers appertaining to their jurifdiftions reflectively, according to law ; and where

any of the faid courts fhall fail to meet; the proceeding in fuch courts fhall not there

by be difcontinuedj but lba.ll ftand continued over in the feme manner as if fuch fail-

'JUDICIARY SYSTEM,

WUn-ss-ies free from arrest.

ure had not been ;

and all witneffes going to, attending on, and

returning

from any

ofthe faid courts, flrall be free from arreft on any civil procefs.

coTSTM^TM. ^' ^ nc^ ^ e lt fur^er cnaBed^ That the faid courts ill all have power on the trial of cau-

of b.ooks, papers, fes cognizable before them refpeclively on ten days' notice, and proof thereof being &c on trial. previoufly given to the oppofite party, or his, her, or their attorney, on motion tore-

quire either party to produce books and other writings, in his, her, or their poffeffion,

power or cuftody, which {hall contain evidence pertinent to the caufe in queftion,

under circumflanc.es where fuch party might be compelled to produce the fame by

the ordinary rules of proceeding in equity; and if the plaintiff fhall fail or refufe to

comply with fuch order, it fhall be lawful for the court on motion to give judgment

againft fuch plaintiff as in cafe of non-fuit; and if the defendant fliall fail or refufe to

comply therewith, the court on motion fhall give judgment againft fuch defendant as

in cafe of judgment by default; and the faid .courts refpeftively fhall have power and

Aftd establish copies of lost

authority to eftablilh copies of loft papers, deeds or other writings, under fuch rules and

pajicrs, precautions as are or may have been cuftomary and according to law and equity.

Habeas corpus, 7. And be it"further tnatitd.^ That the judges of the fuperior courts, or any one

of them, and the practices ofthe inferior courts or any of them in the abfence of

the judges of the fuperior courts, fhall have power to'iffue writs of habeas corpus,

and in all cafes to difcharge, admit to bail or remand to jail^ any prifoner, according

to their difcretion and the law of the land: Provided, That in all cafes of a capital

nature where a writ of habeas corpus fliall be iffued by a juftice ofthe inferior court,

it fhall be neceffary that one or more of the juftices of fuch inferior court fhall af-

fociate with the juftice granting the fame, at the return thereof, and a majority of

fuch juftices fhall concur in opinion on any decifion or order aforefaid: And it

fhall be the duty of fuch juftices to attend, on one day's notice being given of the

time and place of the return of fuch writ.

PROCESS.

process,

8. And be it farther enatted. That all fuits of a civil nature cognizable in the

faid courts refpeclively, fhall be by petition to the court, which petition fliall contain

the plaintiff's charge, allegation or demand, plainly, fully and diftinclly fet forth,

and be figned by the plaintiff, or his, her or their attorney, and to. which petition the

clerk fhall annex a procefs, figned by fuch clerk, and bear left in the name of one of

the judges or juftices of fuch court, directed to the fheriff, requiring the defendant

or defendants to appear at the court to which the fame fliall be made returnable, and

fliall be ferved on the defendant or defendants at leaft twenty days before the return

thereof, by~ delivering a copy of fuch petition and procefs to the defendant or defend

ants, or leaving fuch copy at his, her or their moft notorious place or places of refi-

dence. And if any procefs fhall be delivered to the fheriff' or other officer, whofe

duty it fhall be to execute the fame, fo late that it cannot be ferved in manner afore

faid, twenty days before the fitting of the court to which it fhall be returnable, fuch

procefs fhall not be executed, but the officer fhall return the fame, with the truth of

the cafe. And if any original civil procefs fhall be taken out within twenty days of

the next court, the fame fliall be made returnable to the next court to be held, after

the expiration of the faid twenty days, and not otherwife. And all procefs iffued and

returned in any other manner than that herein before directed, fliall be, and the fame

d is hereby declared to be null and void. and to whom 9. And be itfurther enaBed, That all procefs iffued by the clerks of the faid courts

refpfc&ively, where the fheriff who ought to execute the fame fhall be any wife inter-

eftedj fhall be directed to the coroner of fuch county, and ferved and returned by him

JUDICIARY SYSTEM.

295,

in the fame manner as is required of meriffs. And for the more orderly and regular

proceeding in the. faid courts, the following rules and methods fliall be obferved, to

wit: The defendant or defendants fliall appear at the court to which the.petition and

procefs {hall be returnable, and on or before the lafiday of the faid court fliall makcA^-or*,

his, her or their defence or anfwer in writing, which fliall plainly, fully and diftindly encc-

let forth the caufe of his defence, and be figned by the party making the fame, or his,

her or their attorney; which faid aniVermay contain as many fevera! matters, as fuch t^X^.

defendant or defendants may thinkneceffary for his, her or their defence: Provided,, That cdon oatl"

no perfon fhall be permitted to deny any deed, bond, bill, fingle or penal, note, draft,

receipt or order, unlefshe, fhe or they, fhall make affidavit of the truth of fuch anfwer

at the time of filing the. fame: And the faid petition and anfwer fliali be fufficient to carry

the fame to no petition,

the inory, without any anfwJ er,v return procefs* ,

repli, ca*ti. on ju*dgment,

or or

oth. er ot,her

courire ofc proceedJ i*ngs: AA ndi bWatnei;sfonretAt&o &aproceed-ti.ng in any ci. vil1 cau{pe s sin)ii6i)bnena, mbuetua-

fhall be abated, arrefted, quaflied or reveded, for any defed in matter of form, or "= .

for any clerical miftake or omiffion, not affeding the real merits of the caufe; but

the court, on motion, fliall caufe the fame to be amended without any additional coil

at the, firft term, and fliall proceed to give judgment according to the right of the caufe

and matter of law, as itfhail appear to the faid court, without regard to fuch imper- "SJoS bc

fedions in matter of form, clerical miftake or omiffion; and no dilatory anfwer fhall oath-

be received or admitted, urilefs affidavit be made of the truth thereof.

dSt?ltby

10. And be it further enatted, That where any defendant fliall fail to appear and

anfwer in manner aforefaid, the court, on motion of the plaintiff or his counfel, fhall

enter a judgment by default, and the plaintiffs claim, allegation or demand, fhall be

tried in all cafes of judgment by default, by a jury; but no fuch trial fhail in any continuance.

cafe be had at the firft term; and ;no caufe whatfoever depending in the faid courts

fliall be continued more than one term, at the inftance of the fame party.

/uiionsagaimt

1 1." And be it further enabled, XJMtt in all cafes where a fuit fliall be iriftituted in any joi"tol)ligoSp

of the faid courts, on any bonq^note or other written obligation, fubfcribed by

feveral perfons, who refide in different counties, the plaintiff fliall have his op

tion to inftitute his fuit in either of the faid* coi|nties, and the clerk fliall iffue the

original petition and procefs, an,d a copy or copies in fuch county, againft the defen

dant or defendants who may refide therein, in manner directed by this att; and {hall

alfo iffue another original and copy or copies thereof for the defendant or defendants,

refident in other county or counties: and it fliall be the duty of the plaintiff, his agent

or attorney, to caufe fuch original and copies to be delivered to the flieriff or other

officer in fuch other county or counties, who fliall execute and return the fame to the

court from whence they iifued, in fuch manner as is herein before direded, and

on fuch return the plaintiff may proceed as in other cafes.

_ EXECUTORS AND ADMINISTRATORS.



&*,*

12. And be it further enacted, That no fuit or adion fliall be iffued againft any SipffioT

executor or adminiftrator for any matter or caufe againft the teftator or inteftate ofStntiM.lve

fuch executor or adminiftrator in any of the faid courts, until the expiration of

twelve months after probate of the will of fuch teftator, or letters of adminiftration,

granted on the eftate of fuch inteftate.

.

Sllits shal) not

And no fuit in any of the faid courts fliall abate by the death of either party, where ofctYt^le fuch caufe of adion would in any cafe furvive Co the executor or adminiftrator, wh. esur-vivesf. aaiatk n ther fuch caufe of adion would furvive in the fame, or any other form, but the fame

mail proceed as if fuch teftator or inteftate had not died, under the reftridions and

regulations following; When a plaintiff fliall die, in any cafe aforefaid, the executor

296

JUDICIARY SYSTEM.

seire facias, .Femo-soie.

or adminiftrator of fuch plaintiff fhall, within three montlu after taking out pro bate of the will, or letters of adminiftration, give notice to the defendant or defend, ants by fcire facias, to iffue out of the clerk's office, returnable in the manner herein before prcfcribed for the iifuing and return of procefs; and in cafes where the defend ant fhall die, it (hall and may be lawful for the plaintiff to iffue a fcire facias in man ner aforefaid, immediately after the expiration of twelvemonths, requiring fuch executor or adminiftrator to appear and anfwer to the faid caufe.
And where a feme-fble, being plaintiff, {hall marry pending any fuk, the fame fliall not abate by reafon of fuch intermarriage, but the fame being fuggefted on the record, fuch caufe fhall proceed in the name of the hufband and wife.

Bait.

BAIL.

piaintiir swan J 3' dud be it further enacted, That in all cafes where bail is requirable, and the

thfamomlt0' plaintiff in any aclioii fliall require bail, fuch plaintiff fhall make affidavit before any

due>

judge, juftice of the inferior court, or juftice of the peace within this ftate, or any

judge or juftice of a fuperior court of any one of the United States, fhall have annex

ed thereto the feal of the ftate from whence it fliall come, and a certificate of the

governor certifying that the perfon taking fuch affidavit is one of the judges or jufti-

ces of a fuperior court of that ftate, of the amount claimed by him, and that he has

peastoVs"he reafon to apprehend the lofs of the (aid fum, or feme part thereof, if the defendant or siamtaekuennl.ess bail d. elrcnd,ants i.'s or are not i hellld to ibaili, wihi-ch1 afm fidi avit inhal\li ibe hr iiedi i n thi e c1 le1 rk*s ofrfr-ice,

endors'eTo"'3' anc^ co pies thereof affixed to the original petition and procefs, and to the copy or co-

sher'ups'du't'- pies thereof and the amount fworn to, fhall beendorfedon the petition and procefs.

bvan! reBardt0 ' 1 4- And be itfurther enaffied, That when any civil procefs fhall iffue out of any of

the faid courts whereby bail fhall be required to be taken in manner aforefaid, of any

perfon or perfons to anfwer any aftion in any of the faid courts, the fheriff or other

officer fhall take a bond with one or more fufficient fecurky or fecurities, for double

the fum fworn to, and fliall return fuch bond wklfethe petition and procefs: And in

cafe the flieriff or other officer fhall fail or negte&VtO: take fuch bail, or the bail taken

sh.uihehaii fliaH be deemed infufficient by the court, on exceptions taken thereto and entry there-

jjegieasrotakc of made at the firft term, to which the faid petition and procefs {hall be returned, fuch

sufficient ban. flieriff or other officer, and his or their fecurky, or fecurities in either of the faid ca

fes fhall be deemed and ftand as fpecial bail, and the plaintiff may proceed to judg

ment according to the provifions of the aft herein after mentioned. And in all ca

fes. where any defendant or defendants of whom bai)"fb,all be required, fliall refufe to

give good and fufficient bail, it fliall be the duty of fuch flieriff or other officer to com

mit fuch defendant or defendants to the common jail Of the county, or if there fhould

be no jail in the county or the fame fhall be infufficient, it fliall and may be lawful for

the faid flieriff or other officer to confine fuch defendant or defendants in fbmeprivate

houfe : Neverthelefs^ fuch perfon or perfons fhall be allowed all the benefits of ap- .

pearance and defence, as if he, fhe or they, were perfohally prefent, and fliall not be

AH ha, decia- difcharged out of cuftody but by putting in bail, or by order of court.

one special ^ ^^ fa ii Jurther enaSed, That all bail taken according to the directions of

this act, fliall be deemed, held and taken as fpecial bail, and as fuch be liable to the

recovery of the plaintiff; but the plaintiff, .after final judgment, fhall not take out

execution againft fuch bail, until a capias ad fatisfaciendum fhall be firft iffued thereon,

and the principal cannot be found, and fliall alfoiffuea fcire facias, returnable to the

faid court, which fhali be ferved on the bail at leaft twenty day;; before the return

thereof; and after the return of" fuch ca fa againft the principal, and fcire fa

cias againft the bail, and judgment thereon, execution may iffue againft the prin-

JUDICIARY SYSTEM.

cipal and bail, of either of them, or either of their eftates, un'.efs the bail fhall

furrender the principal at or before entering up final judgment on the fcire facias,

either in open court in term time, or to the fherifF of the county in which fuch

principal fhall refide, at anytime in vacation: And it ihail be the duty of the court

to order fuch principal into the cuttody of the IherifF, and the duty of the fhenffin

time of vacation to receive into his cuftody fuch principal, and in either cafe to com

mit him, her or them to jail according to the directions of this act, any law, ufage

or ciiftorn, to the contrary notwithftanding.

16. And be it further'enacted, That when any fcire facias iffued according to the 's6cfg^

directions of this aB, fhall be by the proper officer returned ferved, the bail fhall ap- bail-

pear and anfwer", and the matter be tried at the firft term to which the fcire facias

{hall be returned, unlefs the bail fhajl fhew very fpecial caufe to induce the court to

continue the fame for one term and no longer; and in cafe fuch bail fhall not appear

and anfwer in manner aforefaid, the court on motion of the plaintiff, or his counfel,

fhall enter final judgment at the firft term: But if it fhall appear to the court, to surrender of

which any fcire facias may be returned ferved on the bail, that the principal is con-^|^?'

fined in any jail of this ftate, by virtue of any civil procefs, on proof thereof, and

on motion of the plaintiff, or bail, the faid court fhall order and direft, that fuch

principal be retained in jail, where he, fhe or they, fhall reman a prifoner or pri-

foners, until he, fhe or they, fhall have paid the plaintiff's judgment and cofts, or be

otherwife difcharged according to law; a copy of which order being ferved on the

jailor or keeper of fuch prifon before fuch prifoner's releafement, fhall be a fufficient

authority fqr.him to retain fuch prifoner, until fuch order fhall be complied with,

and fhall alfo be deemed a furrender of fuch principal, and as fuch fhall difcharge

the bail: Provided, That nothing herein contained mall be fo conflrued as to prevent ^^J,TM-

pny perfon, who fhall be furrendered by the bail, pending any aftion, from putting tipaaffma

in other good and fufficient bail, who fhall be fubjeft to the like proceedings, and al

lowed the fame advantages as are herein before prefcribed.

MORTGAGES ON REAL ESTATES.

317, 4 nd be it further enafled, That the method of fpreclofing mortgages on real Foreclosure r

eftates in this ftate, be as follows: Any perfon applying and entitled to foreclofe fuch r' 9

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 of his,

her. or their demand, and defcribing fuch mortgaged property; and the court fhall

grant a rule, that the principal, interest and coft fhall be paid into court within twelve

months thereafter, which rule fhall be publifhed in one of the public gazettes of this

ftate, atleaftpn.ce in every month, until the time appointed for payment, or ferved

on the mortgager pr his fpecial agent, at leaft fix months previous tp the time the mo

ney is dii-efted to be paid; and unlefs the principal, intereft and cofts be fo paid, the

fp.uit fhall give j udg'ment for the amount which may be due on fuch mortgage, and

prderthe property mortgaged to be fold in fuch manner as is prefcribed in cafes of

execution, and the money fhall be paid to the mortgagee or his attorney; but where

there fhall beany furplus, the fame fhall be paid over to the mortgager or his agent.

And in cafe of any difpute as to the amount due on any mortgage, if the mortgager

fhall appear within the time prefcribed by this aft, and make affidavit that he hath

made payments which have npt been credited on the faid mortgage, or that he is en

titled to fetts-off which in equity ought tp be allowed, the court fhall appoint one or

more fit perfon or perfons to credit and liquidate the fame; but either party fhall be

'

; - ]Pp

'

" ' '<

298

JUDICIARY SYSTEM.

j

entitled to a new trial therefrom, which fhall be tried in like manner as fliall be pre~

fcribed for the trial of appeals in other cafes.

MORTGAGES OF PERSONAL PROPERTY.

on personal i8. And be it further enabled, That mortgages of perfonal property fliall be fore-

clo{ed jn the following manner: Any perfon or perforis holding a mortgage on per

fonal property, ^and wifhing to foreclofe the fame, (hall make application to one of

the judges o.f the fuperior or juftices of the inferior courts, and make affidavit before

him of the amount of principal and intereft due on fuch mortgage, which affidavit

mall be annexed to fuch mortgage, and thereupon the clerk of the fuperior or inferior

courts fhall iffue execution as on a judgment, which execution being delivered to the

flier iff, it {hall be his duty to levy on the property wherefoever the fame may be found,

and after advertifing the fame in one or more of the public gazettes of this ftate at

lead fixty days, the fheriff mall fet up and expofe the fame to fale, and the money

arifing from fuch fale fliall be fail applied to difchargqthe amount due on fuch mort

gage and all legal cofts, and the overplus, if any, to be paid to the mortgager: Pro

vided always, That if any difpute (hall happen as to the fum due on any mortgage,

that it fliall and may be lawful for the faid judges or juftices of the inferior courts,

on affidavit, to order fuch fale to be poftponed, the mortgager giving bond with good

and fufficient fecurity in double the fum {worn to be due, for returning fuch property

when called for by the fheriff, which bond fhall be afligned by the fheriff to the

mortgagee, who may fue and recover thereon; but the jury fliall be fworn to give

at leaft twenty-five per cent, damages, in cafe it fliall appear that fuch application was

intended for delay only. And in all cafes where application has been heretofore made

to the inferior courts for the foreclofure of mortgages of perfonal property, it fliall

and may be lawful, and they are hereby required to proceed to the foreclofure there

of, in like manner and order as herein pointed out for the foreclofure of mortgages

on perfonal property,

WITNESSES.

iq. And be it further enaffied, Where the attendance of any perfon fhall be requiWitnesses. red, yas a wi. tnel~s Ji.n any or/- th, e courts atroreiraidi, in any caulre di ependi-ing tiherei n, i t

fhall be the duty of the clerks of the faid courts refpeBively, on application, to iffue

writs of fubpcena, directed to the perfons whofe attendance fliall be required, where

fuch perfons reiide within the county in which fuch caufe may be depending, which

writ of fubpcena fliall exprefs the caufe, and the party at whofe fuit it fhall be iffued,

court." ore

and fliall be ferved on fuch witneffes at leaft five days before the court .to which it fliall be returnable: and which writ fhall be ferved by a fheriff, conftable or fome pri

vate perfon, and the return of a fheriff or conftable of fuch fervice, or the affidavit

of any private perfon, fliall be fuflicient evidence that fuch fubpcena was duly exe

cuted.

r 2 o. And be it farther enaffied, That where it fliall appear in manner aforefaid, that

dance. a -witnefs in any caufe fhall have been duly fummoned, and fuch witnefs fliall fail to

appear, it fhall be the duty of the court, on motion, to iffue an attachment againft

fuch defaulting witnefs, returnable to the next court, and fhall fine fuch witnefs in a

fum not exceeding three hundred dollars, unlefs he or me fhall make a fuflicient ex-

cufefor fuch non-attendance, which fhall be judged of by the court; but fhall ne-

verthelefs be fubject to the aftion of the perfon at whofe fuit fuch witnefs fhall have

been fummoned, for any damage which he, flie or they may have fuftained by rea-

fon of fuch non-attendance,

JUDICIARY SYSTEM.

999

fti. -And fa it further enacted, That when a fubpcena fliall be ferved on any wit- M**^dtm ncfs in,conformity to this aQ, it fliall be the duty of fuch perfon fo fummoned, to at- . tend from time to time, until the caufe in which fuch witnefs fliall have been fummon
ed is tried, or be otherwife di{"charged by the court. 22. And be it further enacted, That on thelaft day of the attendance of any wit-Thdr <,,*
nefs in eacli term,-it .fhall and may be lawful, on application of fuch witnefs, to ex-Sent.0 TO
hibit his account for attendance, againft the perfon or perfons at whofe fuit he or they may have been fummoned, and the judge or prefiding juftice fliall examine and cer
tify the fame under his hand, which fliall be counterfigned by the clerk, whereupon fuch account fo certified fliall have the force and efted of an execution, and may be levied by the fheriff or conftabie, according to the amount thereof, off the goods and chattels of fuch party, in like manner as in cafes of other executions: Provided
neverthelefs, That where any witnefs fhall claim and levy for more than is really due, fuch witnefs fhall forfeit and pay to the party injured four times the amount of the fum,fo unjuftly claimed. And no party call in any fuit fliall be taxed for more than Tvej-,tncsj the coftof two witneffes to any material point in any caufe which {hall be fpecially r?afpoint?itl1 certified by the court trying the fame; nor fhall any party be allowed to tax colts for different witneffes to different material points, where the fance witneffes fhall be fufficient, in the opinion of the court, to prove fuch material points.
23. And be itfurther enacted, That where.any witnefs refides out of the ftate, or jje" fj>etorlw out of any county in which his teftimony may be required in any caufe, it fliall be lav; - ^SieoitT/ fill for either party, on giving at leaft ten days notice to the adverfe party, or his, her tllc -cou"ty>> .or their attorney, accompanied with a copy of the interrogatories intended to be exhi bited, to obtain a commiflion from the clerk of the court in which the fame may be required, direcled to certain commiffioners to examine all and every fuch witnefs or witneffes, on fuch interrogatories as the parties may exhibit; and fuch examination, fhall be read at the trial on motion of either party.
SETTS-OFF AND SPECIALTIES. 24. And be it further enacted, That in all cafes of mutual debts and fetts-off, where the jury fliall find a balance for the defendant, fueh defendant may and fliall enter-up-86"""08 " judgment for the amount, and take outexecution in fuch manner as plaintiffs may do by-this ad ;. Provided, fuch defendant fliall at the time of filing his anfwer, alfo file therewith a true copy or copies of the fubject matter of fuch fetts-off; and where the plaintiff fliall be indebted to the defendant on open account for dealings between themielves, and where the defendant fliall hold and poffefs in his own right, by affignment, .endorsement or otherwife according to law, any bond, note, bill or other writing, for money or other thing of the faid plaintiffs, fuch defendant fhall and may offer the fame as .fetts-pff, and on .due proofs fhall be allowed the fame.
25. And be it further enacted, That all bonds, and other fpecialties, and promif- Bonds, not,( fory notes and other liquidated demands, bearing date fince the ninth day of [line, tnceSnfmiv .onethoufand feven hundred and ninety-one, whether for money or other thingj fliall fjulw""
;bepf equal dignity, arid be negotiable by endorfement, in fuch manner and Under fuch jeftri&ions as are prefcribed in the cafe of promiffory notes. Provided, That .nothing herein contained fhall prevent the. party giving any bond, note or other wri ting from reftraining the negotiability thereof, by exprefling in the body thereof fuch jntention.
VERDICTS AND JUDGMENTS. 26. And be itfurther enacted, That in all cafes where a verdift fliall be rendered, : v Jhe party in whofe fayor it may be, fhall be allowed to enter and fign judgment thereon-*Verdifls ma

300

JUDICIARY SYSTEM.

at any time within four days after the adjournment of the court, at the clerk's office, for the amount of fuch verdift and all legal cofts are recoverable thereon, and no execu tion fhall iffue on any verdiQ, until fuch judgment (hall be entered, figned by the par ty or his attorney ; and all the property of the party againft whom filch verdiB fhall be entered, fhall be bound from the ligning of the firft judgment; but where feveral judgments fhall be of equal date, the firft, execution delivered to the fherifFfhall be the vSf CHecu-firft fatisfied : .Provided always, That any party againft whom fuch judgment fhall be entered, may enter good and fufficient fecurity, either in open court, or in the clerk's office, within the time aforefaid for the payment of the judgment and cofts within fixty days, and if fuch party fhall not pay the fame agreeably thereto, execution may iffue againft fuch party, and the fecurity without any other proceeding thereon-. AnA provided alfo, That in cafe either party fhall be diffatisfied with the verdict of the ju ry, then, and in all fuch cafes, either party may, within four days after the adjournAppeaj. ment of the court in which fuch verdict was obtained, enter an appeal in the clerk's of fice of fuch court (as matter of right) and if fuch verdict mall be obtained in the infe rior court, it mall be the duty of the clerk thereof to tranfmit fuch appeal to the clerk of the fuperior court of thecounty in which fuch verdict, fhall be obtained,, who (half enter the fame on the appeal docket, which appeal fhall be admitted and tried by a fpe:J?fbconBtpsan'dCT- c^ j ury- Provided, The perfon or perfons fo appealing fhall previous to .obtaining' terinB security. fa ch appeal, pay all cofts which may have arifen on the former trial, and give fecuri ty for the eventual condemnation money, except executors and adminiftrators, who fhall not be liable to give fuch fecurity, but if on hearing fuch appeal, it fhall appear jS'S.'dlma- to l^e J UI7 tnat aPP ca' was frivolous and intended for delay only, they fhall affefs 2J!n\Se"e damage to the party aggrieved by fuch delay, not exceeding twenty-five per centum on ^^^thepricipal fum which they fhall find due; and fuch damages as {hall be fb-affefied fhall be fpecially noted in the verdicts of fuch jurors, and no perfon fhall be allowed to withdraw an appeal after it fhall be entered but by the confent of the parties. And
in cafe of a jury committing a contempt, or breaking up before giving in their ver dict, in any civil cafe, the court may declare the fame a mis-trial, and {hall fine each of -IBS tiiai. the offending juror or jurors in a fum not exceeding one hundred dollars.. And if any party, plaintiff or defendant, be hereafter non-Tutted or eaft by retifon of the neglect AttorneyHaMe or mifconduct of the attorney, who fhall hereafter bring or be employed in fuch fuit y tain<.ccr' in all cafes the faid attorney, fhall p?y all colts that may accrue thereby,, and the court fhall immediately enter up judgment accordingly for the fame. confessionof 2 7. And be it further enaffed* That no confeffion of judgment fhall hereafter be judgment. enter/ed up, but i. nJ the county w'here th. e def,,end, ant or di efrendi ants m' ay relridie, orunlieirs the caufe hath been regularly fued out and docketed in the ufual way as in other cafes,, nor until fuch caufe be called in order by the court for trial. itnen.it., uiegai 28. And be, ii further enatted, That no verdict fhall be received on any unliqu'idaaeenmunalniqaus.ulated ted demandi 'whi ere thi e jury ihave i ncreasredi tiheir verdiicr>t on account 01/ i ntereiAt, nor fhall intereft be given on any open account, in the nature of damages, opay 29. And ke it further enabled, That where any attorney fhall institute a fuit in any j<ies of the faid courts, for and in behalf of any perfon who refides out of the ftate, or out of the county in which the plaintiff or plaintiffs may refide, fueh attorney {hall be liable to pay all cofts, in fuch manner as fueh plaintiff would be, were he, {he,, or they refident in this ftate, and if any attorney fhall retain any monies received by him after being ordered by the court to pay over the fame to his principal, he fhall be by the court ftruck from the lift of attorniesj and never after fufferedto plead in any
court of thk ftate.

JUDICIARY SYSTEM.

301

ARBITRATION.

<5Q. And he it further enatted, That in all matters fubmitted to referrence by par-Arbitration,

ties, in a fuit under a rule of court or other agreement in writing figned by the par

ties, judgment (hall be entered up by the party in whofe favor the award is given,

and execution fhall iffue for the fums-awarded to be paid as they refpecHvely become

due, and to be levied on the property of the party againft whom the judgment fhall

have been entered up, and f'uch other proceedings fhall be had thereon by the court,

as in cafes of judgments entered up on verdicts of juries. Provided, -That no judg

ment fhall be entered up on an award, where it {hall appear any other caufe or caufes

ftand on the docket of the court againft the defendant or defendants, undetermined, be

fore the caufe in which a rule or other agreement in writing for arbitration is entered.

EXECUTIONS.

31. And be it further enacted, That all executions fhall be iffued and figned by the fS^te'i!?

clerks of the feveral courts in which judgment fhall be obtained, and bear teftin the Smdt<Se*

name of one of the judges or prefiding juftices of fuch courts, and fhall be directed to

all and fingular the fheriffs of this ftate, and may be levied on the eftate both real and

perfonal, of the defendant or defendants, or iffue againft the body of the defendant at

the option of the plaintiff; which execution {hall be of full force until fatisfied ; with

out the fame being obliged to be renewed on the court-roll from year to year as here

tofore praftifed. And where the defendant fhall point out any property on which to

levy the execution, being in the hands and poffeffion of any perfon, not a party to

fuch judgment, the fheriff fhall not levy thereon, but fhall proceed to levy on fuch

property as may be found in the hands and poffeffion of the defendant, who fliall

neverthelefs beat liberty to point out what part of his property he may think proper,

which the fheriff fhall be bound to take and fell firft. Provided, The fame is in the Proviso-

opinion of the fheriff fufficient to fatisfy fuch judgment.

32. And be it further enabled, That in all cafes where execution fhall iflTue illegally, illegality i

and the perfon againft whom fuch execution may be fhall make oath thereof, and[ ccutlon''

fhall ftate the caufes of fuch illegality, fuch fheriff fhall return the fame to the next

term of the court out of which the fame iffued, which court fhall determine thereon,

at fuch term. And where any fheriff fh all levy an execution on property claimed cwm

by any perfon not a party to fuch execution, fuch perfon {hall make oath to f'uch pro- pcrty'

]perty, and it fliall be the duty of the fheriff to poftpone thefale or future execution of the

judgment, until the next term of the court from whence the execution iffued, and fuch

court /hall caufe the right of property to be decided on by a jury at the fame term,

unlefs fpecial caufe be {hewn to induce the court to continue the fame for one term

and no longer : Provided, The perfon claiming fuch property, or his attorney, mall claimant &>

give bond to die fheriff, with fecurity in a fum equal to the amount of the execution, fSy!lvu'*

conditioned to pay to the plaintiff all damages which the jury on the trial of the right

ofproperty may affefs again ft him in cafe it fhould appear that fuch claim was made

for thepurpofe of delay ; and every juror on the trial of fuch claim fhall be fworn

in addition to the oath usually adhviniftered to give fuch damages, not lefs than ten fX^m.'0

per cent, as may feem reafonable ailM juft,to the plaintiff againft the claimant, in cafe vSSS'1"

it fhall be fufliciently .{hewn that fuch claim was intended for delay only ; and it fliall

be lawful for fuch jury to give verdict, in manner aforefaid, by virtue whereof judg

ment may be entered up and execution iffued againft fuch claimant: And providedf"^^^

a/lJro, rHptie 1burth-. en ofr tihe proof:r In>n alttl lay on thi e plam tif lftt* i n execution.

^

tsheSpl'aiion"tiifefciil.l

33. And be it further enatted, That no Tales in future fhall be made by fheriffs of l^,iE-'

property taken under execution, but on the firft Tuefday in each month, and between SHi,?TM*

3oa

'

JUDICIARY SYSTEM.

the hours often and three in the day; and it (hall be the duty of the fheriffs to give

thirty days' notice in one of the public gazettes of the ftate, of all fales of lands and

other property executed by him, and alfo advertife the fame in three of the mofl

public places in the county where fuch {'ales are to be made, and {hall give a full and

complete defcription of the property to be fold, making known the name of the de

fendant, and the perfon who may be in poffeffion of the property, except horfes,

hogs and cattle, which may be fold at any time by the co'nfent of the .defendant; and

in which cafe it fliall be his duty to give the plaintiff ten days' notice thereof,"and alfo

to advertife the fame in three or more of the moft public places in the county where

fuch property may be, at lead ten days before the jfale.

CLERKS.

cicrks, tucir g^.. And be it further enaRed, That the clerks of the feveral courts in this ftates

fliall copy into a book of.record, all the proceedings in ail civil cafes in .the faid courts

refpeclive!y8 which entry ,of record {hall be made within forty days after the deter

mination of any caufe; and the faid clerks fhall be allowed the fum of ten cents for

every hundred words of recording fuch proceeding, to be taxed in the bill of coft.

And the faid clerks fhall .alfo keep regular and fair minutes of all the proceedings in

any of the faid courts, which fhall be figned by the judge of the fuperior, or preli-

ding juftices of the inferior courts (as the cafe may be] prior to the adjournment

from day to day,

.Mmt h sworn 35. And It it Jurtlier enattcd, That the clerks of the faid fuperior and inferior

tnjseimrity? courts, hereafter to be appointed, mail, before they enter upon the duties of their

appointments, and after being cprnrniHioned by the governor, take the following oath

before one of the judges of the fuperior courts, or a juftice of the inferior court of

\TWroath. the county: " I dp folemnly fwear (or affirm) that I'will truly and faithfully enter

and record all the orders, decrees, judgments, and other proceedings of the fuperior

(or inferior) court of the county of,------------, and all other matters and things which

by law ought by me to be recorded, and that I will faithfully and impartially dif-

charge and perform all the duties required of me, to the belt of my underftanding."

And fliall alfo enter into bond, with one or more good and fufficient fecurity orfecu-

rities, to the governor for the time being, in the fum of three thoufand dollars, con

ditioned for the faithful difcharge of -the duties required of them : And the faid clerks

fhall in virtue of their offices be juftices of the peace, fo far as to adminifter all oaths

appertaining to the bufinefs of their office.

Kottoacu 3^' -And be it further enaBed, That no clerk of a court or other perfon employed

attorney. jn 'n js office, fliall at as attorney in his own name, or the name of any other perfon ?

or be allowed to plead or praftiie in fuch courts, during the time he fhall be employ-

way be daks ed in fuch office: And that the farne perfon may be clerk of the fuperior and inferior

o o icour b. cour(. 0 t i)e rame' c-ounty : Provided, That nothing herein contained {hall extend tq

prevent any officer of the court from profecuting or defending any fuit to which he

is a party,

' '"' '

LAW DEPARTNpNT.

state's attorney 37- A n& ^ itfurther waffled, That it fliall be the'duty of the ftate's attorney and foli-

iru'eXty.0TM' citofs, or one of them, toprofecute all delinquents for crimes and other offences, cog

nizable bv the faid courts, and all civil actions in which this ftate mall be concerned,

and to give advice or opinion in writing to his excellency the governor, in queftions

of law in which the ftate may be interefted. And in cafe it ihould fo happen, that

neither the ftate's attorney or folicitors, or cither of them, can attend the faid courts,

then the judge prehding may, and he is hereby authorized and required to appoint

JUDICIARY SYSTEM.

.- 303

fome attorney at law, to prepare and profecute the endiftments and other bufinefs of the ftate; and fuch perfon fo appointed fhall be entitled to the fame fees and emolu ments therein, as the ftate's attorney or fblicitors wouid have been entitled to.
JURIES. 38. And be it further enaBed^ That the clerks of the fuperior courts of the re-jrie6.
fpeftive counties, fhall procure from the tax collector of fuch county, and furnifh to the court, (within two months) a lift of perfons liable and qualified to ferve as grand and petit jurors, agreeable to the qualifications herein after prefcribed; and all free male white citizens above the age of twenty-one years and" under i'ixty years, are ^fi"3"1"^ declared to be qualified and liable to ferve as petit jurors for the trial of all civil caufes for recovery of debts or damages, to any amount whatfoever; but no per fon fhall be capable to be of,a jury for the trial of treafon, felony, breach of the peace, or any other caufe of a criminal nature, or of any eftate of freehold, or of the right or title to any lands or tenements, in any court of record within this ftate, who fhall not be qualified to vote at elections for members of the legiflature; and if any perfon not qualified as aforefaid, fhall be returned on any jury, he fhall be difcharged on the challenge and proof thereof, of either of the parties to fuch fuit, or on his own oath of the truth thereof: Provided, That no exception againft any ju ror, on account of his qualification, fhall be allowed after he is fworn.
39. And be it further enabled, That the clerks of the feveral courts are required Howtobo in prefence, or under the direction of the judge or judges of fuch court, to regulate d>awn> and correcl the feveral jury lifts annually, by particularly {pacifying in diftinft columns, the perfons moft able, difcreet and qualified as herein mentioned to ferve as grand jurors; which lift fo corrected, fhall be committed to the fafe keeping of the clerks of fuch courts refpeclively; and the clerks of fuch-courts fhall immediately after re ceiving fuch lifts, fairly enter the fame in a book for that purpofe, to be provided by fuch clerk (at his own expence) diftinguifhing in feparatc columns the perfons felefted to ferve as grand jurors; and thofe for the trial of civil and criminal caufes as aforefaid; and the names of the perfons fo fele6led fhall be written on feparate pieces of paper, and put into the different apartments of a jury box, to be provided by the clerk at the public expence, in the conftruftion and manner herein after prefcribed, to wit: There fhall be an apartment in the faid jury box, marked No. i, in which fhall be placed the names of all the perfons feletted to ferve as grand jurors; and another apartment, marked. No. 2, into which ft all be placed'the names of all the perfons felefted for the trial of civil and criminal caufes as aforefaid; which box fhall be kept locked, and no jury fhall be drawn or empannelled, but in the pre fence of one or more of the judges and clerk of the court; nor fhall any clerk of the court, or other perfon having the cuftody of the jury box, prefume on any pre tence whatfoever, to open the faid jury box, tranfpofe or alter the names, except it be in the prefence of the judge or juftices officially attending for the purpofe of drawing jurors, or correcting the lifts, under penalty of being dealt with in the man ner herein pointed out for mal-praftice in office.
40. And be it further enatfed, That the faid judge or juftices and clerk of the court, nottesthmi or perfon having cuftody of the key, fhall previous to the adjournment of any fupe- Si'tCS rior court, or at leaft two months prior to the fitting of the next court, caufe to be rS'xsra"" jl!'
drawn out of the apartment of the faid box marked No. i, not lefs than twen ty-three, or more than thirty-fix names as grand jurors; and out of the appartment Not ,es!l than marked No.^2, not lels than forty-eight or more than feventy4wo names as pe-^"5TM^*
tit jurors, for the trial of civil and criminal cauf.es as aforefaid ; which names To drawn S^TM ^-

34

JUDICIARY SYSTEM.

out fhall after an account is taken of them, at each term or time of drawing, be care

fully rolled up again, and depolited in the two other apartments to be provided in

fuch jury box, marked No. 3; and 4, to wit: The names of the grand jurors in the

divifion No. 3, and the names of the petit jurors in the divifion No. 4; and when alb

the names (hall be drawn out of the apartments No. i, and 2, aforefaid, they (hall -

then commence drawing from the apartments No. 3, and 4, and return them into the

Nos.. i, and 2, and fo on alternately,

Grand jury to consist of not

41. And be it further enaBed, That no grand jury fhallconfift of lefs than eighteen

less than eigh teen or more

or more than

twenty-three, but twelve may find a bill or

make a prefentment, and

than twenty-ttuec.

that the names of the feveral jurors to be drawn as aforefaid mail

immediately after

they are drawn out, be entered by the clerk on the minute book of fuch court; and if

it fliali fo happen, that from any unavoidable circumftance the judge fhall not attend

at the time appointed for holding the fuperior court of any county, he fhall neverthe-

Juries may l>e lefs attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the juftices

of the drawn hy the
fcferior conrt.

inferior

court

of fuch

county

a

requeft

in

writing,

that they,

or any two

of them, attend at the clerk's office, on fome convenient day, at leaft two months :

preceding the next term, for the purpofe of drawing grand and petit jurors in man-

per herein before directed; and the faid judges of the fuperior courts are declared to

be refpofible for the legal and regular drawing of juries in the refpeftive circuits in

which they niay prefide: And in cafe of fuch unavoidable circumftance, fpecially fta-

ted by any judge of the fuperior court, the faid juftices, or any two of them, mall

and are hereby required to conform to fuch requefts, by attending and drawing juries

agreeably to this at; Provided nevfri/ielefs^ That where juries have already been

draw^i in any county .for the next term, under the late judiciary &&, fuch juries fhall

ftand over, and be eonfidered as the legal juries under this law.

And summon, 42. And be itfurther matted, That the clerk of the court mal} annex a pannel of cd'by theshc- the jury containing the names of the perfons drawn to ferve on the grand inqueft,

exaQly tranfcribed from the minute book to the precept for fummonjiig fuch grand

jury ; and fhall alfo annex another pannel containing thenames of the perfpns drawn

as petit jurors for the trial of civil and criminal cafes, exaclly tranfcribed as aforefaid,

to the precept for fummpning the petit jurors, in the mendatory part of which pre

cept ftjall be written the words following, viz. *' The feveral perfons named in the pan

nel hereunto annexed/' which precept with the feveral pannels annexed as aforefaid,

fhall be delivered by the clerk of the court within three days after the drawing of fuch

juries as aforefaid, to the IherifFof the county or his-deputy.

Ten days be 43. j4nd be it further enaffied, That the fheriff or his lawful deputy for the time fore court. being, uppn the receipt of any precept for fummoning grand or petit jurors, fhall

caufe the feveral perfons whofe names are written in the pannel thereunto annexed, to

be ferved with a furnmons, at leaft ten days before the fitting of the court for which they

are drawn and"empannelledj which furnmons fhall be in the following wqrds, or words

Form of the tp that effecl: '{ By virtue of the precept tp me directed, you are hereby command summons.' ed to appear before the judge of the fuperipr court, at the next fuperior cpurt, tp be

held at the cpurt-hpufe in and for the county of--r-j on the-----day pf ---r- at ten

o'clock in the forenoon of that day, to be fwornon the grand jury (or as a juror for the

trial of civil and criminal caufes then and there depending, as the eg fe may be):" which {hall

be figned by the fheriff or his lawful deputy for the finae being; ^vhich fheriff or lawful

deputy aforefaid, fhall make return of all fuch precepts, in each of which he mall fet

forth the names of all fuch perfpns as (hall have been fummoned by virtue of fuch

jyrjts or precepts^ and the time when they were fummoned} and alfo the nances of the

JUDICIARY SYSTEM. :

gog

peifons whom he may not have fummoned, together with the reafons why they were

not fummoned on pain of being fined by the court. , . 44. And be it further enabled, That the clerk of the .court fhall make due entry in Dcfl(umi,g ^

the minute book of fuch court of the appearance of all jurors, and fliall likewife enter lor''

and make report of the names of all fuch as fhall make default in appearing ; that if

any perfon who ftiall be drawn, empannelled, fummoned and returned to ferve as ju

rors at any .cou.rt.as aforefaid, fhall -iieg^a or refufe to appear, ,or'; ;after appearance

ihall refufe to ferve, or fhalLabfent himfelf without leave of the court, then and in

that cafe, it fhall be lawful for the court to fine fuch perfon, if a petit juror, in a

lum not, exceeding twenty dollars,/ and if a -grand Juror, in a fum npt -exceedingly be iiimiir

forty dollars, unlefs fuch juror fliall fhew good ,and fufficient caufe of- .excufe, StVSrs

to be made on oath before any juflice, of the E peace, and filed in the clerk's office iTrsfr'a gwi

.of fuch court, within thirty days after opening the laid court; the merits of which ex-'"""'

cufe fhall be;determined by the next fucceeding court ; and when from challenge or

otherwife there fhall not be fuffieient. number of jmors to 5 determine any civil or

criminal caufe, the court may order the fheriff orhis! deputy, to fummon by-ftanders

or others, qualified as herein before required, for the trial of fuch caufe or caufes, fuf

ficient to complete the pannel; and when the flieriff or his deputy are difqualified

from afting in the manner herein exprefled, jurors fliall be fummoned by the coroner,

or fuch other difinterefted perfon as the court may appoint.

45. And be it further enafted, That the oath to be adminiftered to petit jurors in Oat,, l)fthci,e&

civil cafcs Ihall be in the form following : " You (A. B.) fhall well and truly try the '" jurore'

caufe depending between the parties at variance and a true verdict give according to

evidence : So help you God." ..-.,-.

SHERIFFS.

46. And be it further enatted, That the fheriffs of the feveral counties fliall attend siierini.thefr

the fuperior and inferior courts in the refpeQive counties when fitting, and by themfelves <ll"r-

or deputies, execute throughout the counties all writs, warrants, precepts and procef-

fes directed to them, and iffued under the authority of any judge or jufticeof the faid

fuperior or inferior courts or the clerk of either of the courts ; and the faid fheriffs

or their deputies fhall have power to command all neceffary affiftance in the execution

of their duty, and to appoint, as there fhall be occafion, one or more deputies ; and

before any fheriff fliall enter upon the duty of his appointment and being commiifion-

edby the governor, he fhall be bound for thefaithful performance of his duty, by him

felf ,and his deputies before any of the faid judges, to the governor of the ftateforthe

time being, and to his fucceffors in office, jointly and feverally with two good and fuf- S'SSit^

ficieni fecurities, inhabitants and freeholders of the county, to be approved of by the

juftices of the inferior court or any three of them in the fum of twenty thoufand

dollars, and the faid bond fhall remain in the office of the clerk of the fuperior court,

.of fuch county, and may be fued for by order of the faid court, for the fatisfaflion of

*h.e public or perfons aggrieved by the mifcondua of the fheriff or his deputy, and the

faid fheriff fliall take and iubfcribe the following oath, before one of the judges of the

fuperior, or juftices of the inferior .courts, and the fame fliall be entered on the min

utes of the faid court, before fuch fheriff fhall enter on the duties of his office, to wit :

*' I do folemnly writs, warrants,

fwear (or precepts,

affirm as the .cafe may and proceffes direae.d

be) to

that me

I will faithfully execute as ftieriff of the county

ali of

TI*ld"rw*ai'

*-------and true returns make, and in all things well and truly, and without malice or

partiality, perform the duties of the. office of ftieriffof;. ...... during my contin.

80S.

JUDICIARY SYSTEM.,

uance in office, and take only my lawful fees : So help me God." And an oath to

the fame purport (hall be taken by each of the deputies of the fa-id fh'eriff in like manner.

47.' And'be it further .eifaSled, -That in cafe of the death of either of the {'aid {he-

.ia'-le for the onducl of

riffs,

the deputy

or

deputies fliall

continue

in

office,

unlefs

otherwife fpeciaily

remo

hm deputies. ved, and execute' the fame in thfe name of the deceafed^ until another fheriff be ap

pointed and qualified; and the defaults and misfeafance in office of fuch- deputy or de

puties in the mean time, as well before as after the death of fuch merit!', {hall be ad

judged a breach of the condition of the bond -'given as -before direfted, by the flier iff*

who appointed fuch deputy or deputies; and the executor or aclmiriiftratior of- the de-

ceafed .{heriff, '{hall have the like remedy ..for the mifcohduftj or misfeafance, or de

fault in office of fuch deputy or deputies, during fuch intervals, as he would be en-

': titled, to if the flieriff had continued in :life, and- in the execution of his, office, until

his fuccefTor was appointed and fworn. ,

.-\.--.,.

. ....

48. And be it further cna&ed, That the fheriff of each county {hall, at the expira-

to?l!duTMcce" tion of his appointment, turnover to the fucceeding fheriffs, by indenture and fche-

"oSpiwtcti!eali

dule, duly

all fuch writs and proceffes execute and return. the fame;

as ihall and in

remain in his hands unexecuted, -cafe any flier iff' fhall neglecl or

who fhall refufe to

turn over fuch procefs in manner /aforefaid, every fuch fheriff fo neglecling or re

futing, fliall be liable to make fuch fatisfaclion, by damages and cofts, to the party

aggrieved, as he, the or they, fhall fuitain by reafon of fuch neglecl or refufal;. and*

every fheriff, at the expiration of fuch his appointment, {hall alfo deliver up to his fucef-

for the cuftody of the jail, and the bodies of fuch perfons as {hall be confined therein,

with the precepts, writs or caufes of fuch detention ; and fuch fucceeding fheriffs ihall

be empowered and required to fell and carry into effecl any levy made by his predeceffors

in office, in like manner as fuch fheriff could have done had he continued therein, and

fliall make titles to the purchafers for all the property fold under execution, and not

conveyed by his predeceffor.

49. And be itfurthtrcnaSlecl, That the fheriffs of the feveral counties in this flate^

Sheriffs, in fhall have like powers and authorities, and they, and .their under fheriffs and jailors, what cases conftables and other officers belonging to the court, be liable to all aclions, fuits, pe

nalties and difabilities whatfoever, which they or either of them may incur for or orr

account of the efcape of prifoners, or for or in refpecl; of any other matter or thing

whatfoever^ relating to or concerning their refpeQive offices, in the fame manner as

they have heretofore been liable by laws in force in this {late; and no fheriffs, under

fheriffs, deputy or other fheriff's officer fliall at as an attorney at law, in his own name

or Shall not aft as ,
attorney*

in

the

name

of

any

other perfon,

or

be allowed to plead

or praSife in

any of

the

courts of this ftate, during the time he is in fuch office.

50. And be it further enabled, That the flieriff fliall be liable either loan aftion on

the cafe, or an attachment for contempt of court, at the option of the party, where-

. ver it fliall appear that he hath injured fuch party, either by falfe returns, or by ne-

glefting to arreft the defendant, or to levy on his property, or to pay over to the plain

tiff or his attorney the amount of any fales which fhall be made under or by virtue of

any execution, or any monies collected by virtue thereof.

51. And be itjurther enacted, That if any fheriff', or his deputy or under flieriff's,

o ^ a" ^e guuty f extortion or other mal-praSice in the execution of his office, upon

rattic6 in complaint made on oath to the ftate's attorney or folicitors, it fhall be the duty of fuch attorney or folicitor to exhibit a bill of endiclment againft the perfon fo offen

ding, who, upon conviclion thereof, fhall be fined by the court in treble the amount

which he may have extorted from any perfon ? which fliall be applied, one moiety to

JUDICIARY SYSTEM.- ,

87

the injured perfon, and the other moiety to the ufe of .fuch county, and fiiall like-

wife be removed from office, and fuffer fuch oth'er punifhments as the law directs.

52.- And be it further enafled, Whenever the fheriff of any county within this

Mate, fliail fail into -h' is hand,

to or

make proper return of all (hall fa til oir neglect to pay

writs, up al1l7

executions and other moni.es recei vedj on

procefs put fpuchi execu-

in what * oifrtbaltetatcohmncetinotn.

tions, on his being required by the court fo to do, he fhall be liable to an action as

for contempt, and may be fined, imprifoned or removed from office, in the manner

prefcribed by the confutation. SPECIAL POWERS OF SUPERIOR COURTS.

f^i'cTmb}e fromolhLe

53. And be-it further enatted, That the fuperipr courts in the feveral counties,

fliail exercife the powers of a court of equity, in all cafes where a common law reme- S"'}^^.'

dy is not adequate, to compel parties in any caufe to difcover on oath, all requifite"0' 00""'

points neceffary to the inveftig.ation.of- truth and juftice, to difcover tranfactions be

tween co-partners and ;co-executors to compel diftribu.tion of inteftate eftates and

payment of legacies,; and ,to. ; difcover fraudulent tranfactions for the benefit of

creditors, and the proceedings in all fuch cafes fliail be by bill, and fuch oth

er proceedings as are ufual in.fuch cafes .until the fetting down of the caufe for trial,

and the courts fliail order the proceedings in fuch manner, as that the fame fhall be

ready- for trial -at ..fur-theft at the third term from the filing fuch bill inclufive, unlefs ve

ry fpecial caufe be fhewn-to. induce] the' court to continue the fame which fhall not

extend to more than fp-ur.-terms.' And all fuchhills. fhall be read and fanctioned by one

of the judges, and a copy f thereof ferved on the opppfite-party at leaft thirty days be

fore the filing of fuch bill in court, and the party a gain ft whom fuch bills fhall be filed,

mail appear and.anfwer ,tp the fame at the next court, and if he,-me or they, (hall

fail to do fo, the facts,in the faid bill fliail be taken pro confeffo, and the court may

proceed to decree as to juftice,: fliall appertain.

54. And be it further enabled, That where either .party in any caufe in any inferi

or court fhall take exceptions to any proceedings in any cafe, affecting the real mer-Exceptions

its..of fuch caufe, the party inaking ;the. fame fliail offer fuch exceptions .in writing, E^fo*?'*

which fhall : be figned by bim.fel.fV or his attorney, and if the fame fhall be overruled by 'Sail.

the court, it fliail and may be lawfuffor fuch party on giving twenty days' notice to '

the oppofite party or his attorney to apply to one of- the judges of the fu-

perior court, and if fuch judge fliail deem the faid exceptions to be fufficient, he

fhall forthwith iflue a writ of certiorari directed to the clerk of fuch inferior court, re

quiring' him'to certify, and fend up to the next fuperior court to beheld in the faid

county, all the proceedings in the faid caufe, and at the term of the fuperior court to

which fuch proceedings fhall be certified, the faid fuperior court fliail determine

thereon, and order the proceedings to be clifmifled, or return the fame to the faid in

ferior court with order to proceed in the faid caufe.

55. And,be it further,ena&ed, That the faid fuperior courts fhall have power to sw ?orrea

con-eft errors, and grant new trials, in any caufe depending in any of the faid fuperi- "vj*^

or courts in,fuch manner and under fuch rules and regulations as they may eftablifh, """"'

and according to law, and the; ufages and cuftoms of courts.

56. And'be. it further ejiattcdi That when a caufe fliail be committed to a fpecial

jury, the oath to be adminiftered fhall.be in the words following, to wit : You /hall out. o?the well and truly try the caufe now depending-between (A. B.) plaintiff and (C. D.) de- 5pedaljur!r>

fendantand a true verdict give, according to equity and the opinion you entertain of

the evidence produced to you to the heft of your fkill and knowledge, without favor

-

.

2

30$

JUDICIARY SYSTEM.

or affeftion to either party : So help you God." And the fame oath to be ad-

rainiftered to juries on appeals.

Kewtriais. g^ j n^ ^ it farther enatted, That in any cafe which has arifen fince the figning

the prefent conftitution, or which, may hereafter arife of a verdift of a fpecial jury be

ing given contrary to evidence and the principles of juftice and equity, it fhall and

may be lawful for the judge prefiding to grant a new trial before another fpecial

provuo, jury, in the manner prefcribed by this aft : Provided, That twenty days' notice be

given by the party applying for fuch new trial to the adverfe party of his intention

and the grounds of his application. And the faid judge fhall in all cafes of applica

tion for new trials, or correction of errors, enter his opinion on the minutes of the court

for his determination on each refpeftive cafe.

HOW to be con- 5^ m ^ nt^ ^e & farther en/idled., That all new trials mall be had by a fpecial jury

.intoi, to ke taken from the grand jury lift of the county, and (truck in the prefence of the

court, in the following manner : The clerk fhall produce a lift of the original pannel

of grand jurors returned to the terra in which fuch trial mall be had, from which the

parties or their attornies fhall alternately ftrike out one until only twelve fhall remain,

who (hall forthwith be empannelled and fworn to try the caufe; and in all cafes the

party applying for fuch new trial fhall ftrike firll; and in cafe of refufal in either to

ftrike, on the calling of the caufe, the judge prefiding fliall order fome officer of the

court or other, perfon to proceed to ftrike the faid jury in the fame manner as the par

ty refufing might or could have done. And it fhall be the duty ofallperfons fum-

rnoned on the grand jury, to attend the courts for the purpofe of determining fuch

new trials, whether they be fworn on the grand jury or not.

Ammai con. .59. And be itfurther enacted, That the judges of the fuperior court fliall meet at

the feat of government annually, on the fecond Monday in January, for the purjsdviMllconodnaythien pofe of forming rules and regulations for the government or more orderly proceed

ing in faid courts, for determining on fuch points as may be referved for argument,

and which may require an uniform decifion, arid to give their opinions on all confti-

tutional queftions which may be referred to them by the executive department; and

Tffltimos to the faid judges, or any of them, fhall have power to perpetuate teftimony on fuch

bcjicrpetua- terms an j J n fuch manner as is ufually praftifed in -courts of equity,

judges to

60. And be it further endued. That the faid judges fhall prelide alternately in each

.alternate.

^ ^ ^ c j rcu j ts Qr diftrifts.

REPEALING CLAUSE AND PROVISO.

*epiing

61. And be it farther, enatted^ That the aft, entitled " An aft to rev-ife and amend

clause. the judiciary fyftem of this ftate," paffed at Louifville, OH the ninth clay of February,

one thoufand feven hundred and ninety-feven, from the firft to the fixty-feventh

I'/oviao. claufe, inclufive, be and the fame is hereby repealed: Provided neverthelefs, and be

it further enabled,, That the faid recited aft fhall continue in force, fo far as relates to

proceedings which originated under it; and that any perfon or perfons who has or

have applied for an appeal from any verdift rendered in any caufe tried fince the

figning of the conftitution, in either of the fuperior or inferior courts of any of the

counties in this ftate, and offered to pay coft and give fecurity, agreeably to the faid

recited aft, fhall be, and they are hereby declared to be entitled to have fuch appeal

entered on the appeal docket of the fuperior court, in the county where the firft trial

was had, on payment of cofts and entering fecurity, at any time prior to the firft day

of the next term, in cafes where the fame has not been done; and it fhall be the duty

of the faid fuperior court to call and try the fame before a fpecial jury of the county,

in the order it mall or may ftand on the docket, in manner pointed out by the faid

LANDS AND TENEMENTS.



89

aQ.; and all fuits returned in any of the faid courts prior to figning the conftitution, {hall be tried, and appeals fliall be allowed and.tried, in conformity to the provilions of the faid aB: And provided alfo, That nothing herein contained fliall prevent any perfon or perfons aforefaid, from applying for a new trial, if he, flie or they may think proper, which the judges, or one of them, fhall grant, if the fame can be done on proper and legal grounds, as in cafes arifing under this aft. That no juftice of ^f^'*'J the peace fliall futtain or try any fatisfaaion in damages for any trefpais on the per- 1*55-
fon or property of fuch plaintiff. 62. And be'it further enacted. That his excellency the governor, on application of ^SbX
either party to a caveat depending before him, fliall have power to iffue com.milfions s<r-
to obtain evidence neceflary for the determination of fuch caveats.
DAVID MERI WETHER, Speaker of the Houfe of Refrefentatives. ROBERT WALTON, Prefident of the Senate.
Affented to February 16, 1799. JAMES JACKSON, Governor.

:

LANDS AND'TENEMENTS.

An acT, for eftablifhing and confirming the titles of the feveral inhabitants of this pro vince to their refpeffive lands and tenements.

i. T^ORASMUCH as many fuits and contefts may arife by means of pretended weamuie. A ancient titles to lands and tenements, derived from and under the late lords
proprietors of Carolina, the conditions of which titles have not been complied with, and the lands have fmce been reeranted: for remedy and prevention whereof, Be it Grants or the enacrt,edj, ,,i,,hat au,, and. every per<i2on andi pericons, thI at are now polrlrenrred1 olr or dio >^TMsmteaesj&atnyd, <}l hold any lands or tenements whatfoever within the faid province of Georgia, by and under grants from the late honorable truftees for eftablifliing the colony of Georgia, or by and under grants from his majefty, obtained fince the furrender of his charter of the faid truftees, are hereby eftabliflied and confirmed in the poffeffion of their feveral and refpeftive lands and tenements; and fuch grants thereof are hereby accordingly ratified and confirmed, and declared to be good and valid to all intents and purpofes whatfoever, againft all, and all manner of perfons claiming any eftate or intereft therein, by and under the faid lords proprietors of Carolina, or by or under any former grants, obtained before the date of his majefty's charter to the'faid truftees for eftablifhing the colony of Georgia, any aft, law or ftatute to the contrary notwithftanding.
By order of the Upper Houfe.
PATRICK HOUSTOUN.
By order of the Commons Houfe of AlTembly.
DAVID MONTAIGUT, Speaker. Council Chamber, 24th No vember, 1759. AfTehted to.
HENRY ELLIS,

LANDS AND TENEMENTS..

An aft for the better ftrengthening and fettling this province, ly compelling the feveral

perfons who claim to hold lands within the fame? under any grant or grantsfrom his

majejly, witnejfed by the governor of South-Carolina, to bring or jend-into this pro-.

vince a number of white perfons, or negroes, in proportion to the lands they claim to

hold, agreeably to his majejly's royal injlru&ionsfor granting lands, and to cultivate

and improve the fame ; and for better afcertaining the faid feveral traffs of landt

. ly regulating the jurveys and marking the lines thereoj,^ and recording the feveral

plats in the furveyor generals. office; alfo for regijlenng and docketing fuch grants.

in 'the other proper offices in this province.

i. "I^TTIEKEAS fundry perfons hold or claim to hold great trafts and quantities

V V of very valuable lands to the fouthward of the river Alatatnaha, within

this province, by virtue of or under grants from his majefty, witnelfed by the go

vernor of South-Carolina, on pretence that thofe lands were then in the faid province

of South-Carolina. And whereas it will be highly prejudicial to this province, in

cafe the faid grantees do not bring or fend into the fame a number of white perfons

or negroes, in proportion to the lands they hold or claim to hold as aforefaid, agree

able to his majeRy's royal inftruflions for granting lands, in order to cultivate and

improve the fame, or other lands within this province:

And whereas the furveys, or pretended furveys of the faid lands, or the greateft

part thereof, were made with fo much precipitation, that from various informations

received, it appears very few, if any of the faid trafts of land were aQually furveyed,

o,r the lines run, arid trees marked, agreeable to the ufual and ftanding inftruftibns in

that particular, and which is abfolutely neceffary for afcertaining the fame, by reafon

whereof not only great frauds and abufes may be committed as well with refpecl: to

his majefty Y rights, as in diminution of the public or provincial tax, but alfo for

want of the lines being actually run and marked, the taking up and improvement of

the other lands contiguous to thofe granted in Carolina as aforefaid, is greatly oh-

itructed; for few or no lines appearing, and no records or entry of the faid plats

and grants being made in any of the offices in this province, by which the fituation of

the faid lands may in any wife be difcovered, or afcertained ; the furveyor general

and his deputies cannot know how, or where to execute or run out fuch warrants for

furveying and laying out the contiguous lands, as are now ilfued by the governor of

this province, to or for any perfon or perfons duly qualified to obtain the famcj

wherefore for remedy of all frauds, abules, injuries, and inconveniences in and about

the premifes : Be it enacled, That all and every perfon and perfons whatfoever to

All Rr.ints of IRIKJ.S witness-

whom

any lands

now

within this province, have

been

granted by

any

grant or grants

od (>y the go vernor of South

from

his

roajefty

witneffed

by

the

governor of

South- Carolina, or

their

heirs and ailigns

Carolina, &c. south of the

refpeftively, and all others whatfoever,'holding, or claiming toholdany lands within this

river Alaumaha, how to be

province

under

fuch

grants

as

aforefaid,

fhall and do

within

fix months from

and

af

made known and establish

ter his majefty's royal approbation of this ati Ihall be received by the governor or com

ed.

mander in chief of this province for the time being, or notified to him and published

in the gazette of this province, appear before the faid governor or commander in

chief in council, in their own proper perfons, or by their attorney or attornies lawful-.

ly conftituted and appointed, and fhall produce his, her and their grant, or grants for

from, or under them fhall be null and void, and the lands fo held, or claimed to be

any lands fo held or claimed to be held by him, her or them as aforefaid ; and if fuch

grantee, or grantees or thofe claimingunder them mall appear perfonallyj then he, fhe or

the}-, fhall make pi oof upon oath, and in fuch other and further manner as may be required

to the fatisfaclion of the faid governor or commander in chief and council, that he, i'he of

LANDS AND TENEMENTS.

3u

they, rcfpeclively have within this province, a family of white perfons or negroes, amounting in the whole to the number of one peribn for every fifty acres of land con tained in their reipective grant or grants (allowing an hundred acres for the mafter or head of fuch family if he fhali be come to fettle-within this province) agreeable to his m ajetty's royal inftruQions for granting lands to any of his fubjecb in this province. And (hall, alfo prove upon oath, and give fuch further fatisfacUon and aflurance to the faid governor or commander in chief and council as they ihall require, that the ne groes fo brought into this province by him, her, or them, are brought bona fide, with an intention to fettle and improve the lands, fo held, or claimed to be held by him, her, or them, or to cultivate and improve other lands within this province, and not with any fraudulent, or fecret intention of removing them, or any of them back, or carrying them, or any of them out of the faid province again, after having obtained an adrmffion or allowance of his, her, or their qualification in fupport of the faid grant or grants, to and for the lands held, or claimed to be held by him, her, or them
rcfpeflively. 2. And be it, further enabled by the authority aforefaid, That if fuch grantee or gran- Sud. graces
tees, or any or either of them, their heirs or affigns, or any other perfon or perfons t!$!gTM'b whatfoever, holding or claiming to hold any lands within this province, under fuch Siuill',''to grants as aforefaid, fhali appear by his or their attorney or attornies, that then and in th<S|Jovcraorfuch cafe, every attorney or attornies fhali and do not only produce the grant or grants of his and their conftituent or conftituents, but alfo an affidavit made by fuch 'constituent or conftituents refpeQively, in the form following,that is to fay : " I, A. B. FoTM-oftijc of (infer ting the perfon's name and place of abode) do folemnly and fmcerely fwear i n aBWavittheprefenceof Almighty God, that I have fent into the province of Georgia (inferting the number) flaves, my own property, and that the faid (inferting the number) flaves are by me bona fide intended to remain and be employed in the cultivation of lands or otherwife, in the faid province, and that I have not fent the faid negroes into that province with a view, or fecret intention to obtain an admiffion, or allowance of my qualification (as required by the aft of affembly of the faid province in that cafe made and provided) in fupport of my grant from his raajefty, witneffed by the go vernor of South-Carolina, for (infert the quantity) acres of land, to the fouthward of the river Alatamaha, in the faid province of Georgia, and after having fo obtained fuch admiffion or allowance of my qualification as aforefaid in fupport of the faid grant, then fraudulently to remove the faid negroes, or any of them, back again, or to carry or fend them, or any of them out of the faid province : So help me God;" and which faid oath fhali be made and taken by every fuch perfon and perfons as aforefaid, before the chief juftice of the faid province of South-Carolina, for the time being, or one of the affiftant judges in the faid province, and fhali be attefted by fuch judge, and have a teaimonial under the great feal of the faid province, in the manner Withatc,ti. ufually done in cafes of affidavits, tranfmitted to be made ufc of as proof or evidence Pttstf' in other provinces and places; and after being produced before the governor or com-^S!''' mander in chief of this province in council as aforefaid, the faid affidavit and affidavits fhali be lodged and remain with the clerk of the council, and on all future occafions "whatever, mall be deemed, held, and allowed as legal evidence, either for or againft the Paid party, in all courts and places whatever, within .this province. And fuch attorney or attornies, fhali alfo give fuch further fatisfaftion and affurances, as the governor or commander in chief and council fhali require.
Provided neverthelefs, That where any of the faid grantees, or thofe claiming un- Abscnl rah der them, during the time allowed for producing his, her or their grant or grants, and '^"p^

jis

LANDS AND TENEMENTS'.

performing the feveral other matters and things hereby required, {hall be abfent from

the faid province of South-Carolina, in Great-Britain or elfewhere, that then fuchab-

fent perfon or perfons, may be permitted, to give proof of, and in the premifes afore

faid, under the mayoralty feal of any corporation, or if in any other province, then

under the feal of fuch province, inttcad of the oath hereby required to be made in, and

produced under the feal of the province of South-Carolina ; and in all other refpefis

to "do and perform as is herein required of thole who actually refide in South-Carolina,

and yet appear by attorney, any thing herein contained to the contrary notwithftand*

ing.

WTiereandin 3. And b& it further enabled by the authority ajorefaid^ That upon the qualification

imiiiSfons of any fuch perfon or perfons as aforefaid, for the lands contained in any fuch grant

wbltKoiS. or grants, being admitted and allowed of by the faid governor or commander in chief

and council, all and every fuch perfon arid perfons fhall and do, within three months

from the time of allowing and admitting fuch qualification, record his, her or their

plat or plats in the furveyor general's office, and regifter his, her or their grant or'

grants in the register's office, and alfo enter a docket thereof in the auditor's office

in this province. And if any of the faid grantees, their heirs or afligns, or others

claiming by, from or under them, fhall refufe or negleft, either perfonally, or by

his, her or their attorney orattornies as aforefaid, to produce his, her or their grant

or grants, within the faid term of fix months as aforefaid, from and after his majef

ty's royal approbation of this at, fhall be received by the governor or commander

in chief of this province for the time being, or notified to him and publifhed in the

gazette of this province as aforefaid, or either, perfonally or by his, her, or their attor

ney or attornies as aforefaid, to make proof and give fuch affurance as aforefaid, to.

the fatisfaclion of the faid governor or commander in chief and council as aforefaid,

with refpefcl to their qualification, to have and to hold the lands reflectively claimed

by them as aforefaid, and to cultivate and improve the fame, or other lands within this

province, or to record their plat or plats, or to regifter and docket their grant or

grants, after his, her, or their claim, or qualification, allowed as aforefaid, within the

time limited as aforefaid, for that purpofe ; that then in any, or either of the faid cafes

of refufal or neglecl to do any or either of the matters and things herein and hereby re-r

Aiignmbido quired, the faid grant, and grants fhall be null and void, and the faid lands fp held or

fOTfcftedmiftnd claimed to be held by fuch perfon or perfons refpeCtively, is hereby exprefsly declared

mcpi?with to be forfeited to, and revefted in his majefty, his heirs and fucceffors, and fhall from

th

thenceforth be deemed held, and taken to all intents and purpofes as vacant land, and

it fhall and may be lawful to and for the governor or commander in chief of this pro

vince for the time being, with the advice of the council, to order warrants for furveyr

ing, and to proceed to grant the fame to any perfon, or perfons whatever purfuant to

his majefty's royal commiffion and inftruQion for that purpofe.

sunds impro- 4- -^ n^ ^e it further cnaBed by th_e authority afarefaid, That if on producing the

ueriy surveyed j^jj grants or any or ^jther of thfm, it fhall appear by the plats annexdd to the fame,

and certified by the furveyor general of South-Carolina, lhat the faid lands have not

been actually furveyedand admeafured, the lines and trees thereon not being let down

and marked according to the direction of the ufual and ftanding inftruttions gjven for

furveying and admeafuring lands, and for marking the lines and returning the plat:;;

thereof; or if the faid governor or commander in chief and council fhall have any other

caufe or reafon to believe the faid lands have not been aclually admeafured as aforefaidj

or that any abufe has been committed in the furveying and admeafuring the fafne?

that then, and in either, and every fuch cafe, before the faid grants are registered and

''
t:
<; : '>
.' "1
i / 1 \ ^

LANDS AND TENEMENTS,

.

313

docketed in the offices aforefaid, it fhall and may be lawful for the governor ot commander in chief in council, to order the faid lands to be refurveyed,and every fuch Ua&ofland mall within fix months thereafter be accordingly refurveyed by the furvey or general of this province, or fuch perfon or perfons as he (hall appoint at the expence, cofts, and charges of the refpeQive grantees, or thofe claiming to hold under them, fo that the fituation and quantity of land fpecified in fuch grant may be known and afcertained., and that all frauds and abufes and other inconveniences may be
prevented. 5. And it is hereby further enattcd and declared by the authority aforefaid, That ifg.ra,^hb\
any perfon or perfons whofe plat or plats annexed to hisj her or their grant or grants "1-
fliall appear irregular and defedive as aforefaid, or who fhall for any other caufe or reafon, by order of the governor or commander in chief in council, be direcled to
get the lands they claim to hold refurveyed as aforefaid, fhall refufe^ negleft or de lay to caufe and procure fuch refurvey to be made and returned into the faid fur
vey or generals office^ within the time limited as aforefaid, for that purpofe, that, then and in every fuch cafe, the faid grant and grants for the lands fo held* or claimed to be held by fuch grantee, or grantees reflectively, and all others claiming to hold, by, from, or under them fhall be null and void, and the lands fo held, or claimed to be held by fuch perfon or perfons refpeclively, is hereby exprefsly declared to be for feited to, and revefted in his majefty, his heirs and fucceffors, and fliall from thenceforth be deemed, held, and taken to all intents and purpofes as vacant land, and it fhall and may be lawful to, and for the governor or commander in chief of this pro vince, for the time being, with the advice of the council to order warrants for furvey- Ami may be & ing, and to proceed to grant the fame to any perfon or perfons whatfoever, purfuant eranto to his majeftys royal commiffio.n and inflructionsfor that purpofe,
6. And be itfurther enabled, by the authority aforefaid^ That neither this aQ,> nor any Tiiisaasmpmthing therein contained fhall be of any force or effeft, .but the fame wholly fufpended,ie^$$p\oSuntil his rnoft facred rnajeftys royal approbation and allowance thereof fhall be figni- tlun fied to the governor or commander in chief of this province., for the time being, any .thing herein before contained to the contrary .thereof in any wife notwithstanding.
By order of the Upper Houfe. JAMES HA.EERSHAM, Preftdent,
By order of the Commons Houfe of Affembly. ALEXANDER WYLY, Speaker.
.Council Chamber, March 25, 1765. Affented to. JAMES WRIGHT,

An aft to prevent frauds and abufes in the admeafuring and laying out his majeflfs lands in this province.
* "\A7 HElREAS frauds and at) ufes have been committed In admeafuring, and preamble. VV laying out his rnajeftys lands in this province, Owing to the practice of bearing
the chain by negroes, and by white perfons not fworn to the faithful performance of that fervice,on thefeveral furveys which the deputy furveyors are employed in j where by it often happens, that the quantity of land diretled to be laid out by the warrant of furvey, doth, in the field far exceed the number of acres represented by the plat, re-
Rr

3*4

LANDS AND TENEMENTS.

turned to be annexed to the grant of fitch land, and tends to defraud the public of the

taxes, and hismajefty of his quit rents, on the furplus meafure of fuch incorrect and

unjuft furveys, which abufe in many inftances, is not in the power of the furveyor

general, or his deputies timely to detecl : to prevent- therefore the like injurious prac

tices for the future, and for the better enabling all furveyors to be exaft in their fur-

"tenSwor,'nT vey s & e it en-zcted, That after two months from the paOfing of this at, no furvey-

survey.r. or (jj a][ ma ke an y furvey of his majefty's lands without chain carriers fworn to mea

fure juftly and exactly, according to the beft of their knowledge, and to deliver their

accounts thereof, truly to the furveyor ; which oath every furveyor in the feverai

divifions and parifhes of this province, is hereby empowered and required to admia-

ifter accordingly.

"DTMepuetyes!u"rvery"-'

2. And be it further already appointed fhall,

enabled within

by the authority aforefaid, That all two months from the pafling of

deputy furveyors this act, take the

following oath before the governor or commander in chief for the time being; and

all deputy furveyors that may hereafter be appointed mail in like manner take the fame

riipiroMh, oath, before he enters on the execution of his office, viz. " I, A. B. do folemnly

and lincerely fwear, in the prefence of Almighty God, that I will, according to the

beft of my (kill and knowledge, well and faithfully execute the office of a deputy fur

veyor, and that I will not wittingly or willingly affent to, connive, permit or fuffer

any fraud or abufe in admeafuring or laying out lands for any perfon or perfons

whomfoever; and that I will not poftpone executing any warrant, or give undue pre

ference to any perfon or perfons on any account whatfoeven and will in all refpefls

well and truly obferve and follow the inftrutions given me from time to time, by his

majefty's furveyor general. So help me God."

awn give bond 3. Andbc it fiirtkc r enaEtcd, That every deputy furveyor, before he enters upon

amibeauiiy. ^e execution of his office, fhall give bond to his majefty, with one or more appro

ved fecurities, in the penalty of two hundred pounds fterling, for the faithful and ho-

neft performance of his office, and for the due obiervance of the inftruftions given

instruasonsto him by the furveyor general, which inftruclions lhall be recorded by the faid deputy

t|/sretary"s furveyors in the fecretar/'s office of this province within thirty days after receiving

the fame.

XaVrvS 4- A n& b it further enafted, That where any undue or fraudulent furvey of lands

!%\mh<i.'forffau- fhall be made by any deputy furveyor, fuch deputy furveyor for every fuch offence,

dulen' survcys- upon due proof thereof upon oath by one or more creditable witnefs or witneffes,

fhall forfeit and pay a fum not exceeding one hundred pounds fterling, to be fued for

and recovered with full cofts of fuit, in the general court of pleas of this province,

by action of debt, bill, plaint or information, wherein no wager of law, privilege

or protection fhall be allowed, or any more than one emparlance, which penalty fo

iiewjppiiea. to be recovered fhall be one moiety to the perfon who fhall make information there

of, and fue for the fame, and the other moiety to the party or parties aggrieved.

continuation 5- And be it further en al'ed> That this aft mall continue and be in force for the

onhisati. fp ace Of three years, and from thence to the end of the next feffion of the General At

fembly, and no longer.

By order of the Commons Houfe of Affembly.

ALEXANDER WYLY, Speaker.

By order of the Upper Houfe.

JAMES liABERSHAM, Prefidmt,

Council Chamber, flth March, 1765.

Affentedto, JAMES WRIGHT,

LANDS, PARTITION OF.

315

An aft to empower the general court of pleas to grant writs of partition of lands and ten ements held in coparcenary, joint tenancy and tenancy in common, in this province^ and appointing the method ofproceeding therein.

i. \ ^, THERE AS it would be inconvenient in this province to purfue the method Pretmwe.

V V of dividing lands and tenements by writ of partition as praclifed in Great-

Britain ; and it appears neceliary to provide a more eafy and lefs expenfive manner

of obtaining partitions.

Be.it therefore enatted, That lrei zedj otr ilandjs i n coparcenary, 1landjs, mn alilt ui elrcendj, or ibe gi ven

in all cafes where any perfons being of full age are j oint tenancy, or tenancy i n common, or wihere any to any perl,on or perii-on}s w,hatever i n coparcenary,

t-artw.n Icsonpdasrch<e:n'<art'y", -o&tcta. ihsoswa.tube

joint tenancy or tenancy in common, and no provifion fhall be made by will or oth-

erwifehow fuch lands, or tenements mall be divided; it fliall and may be lawful for

fuch perfons being of full age, or either of them, immediately, and alfo for any one of

fuch coparceners, joint tenants, or tenants in common, who may be under age, when,

and fo foon as he, or {he {hall attain the age of twenty-one years, to apply to the gene

ral court of pleas, for a writ of partition (to be deviled and framed in the faid court ac

cording to the nature of the cafe) and in cafe he, or fhe, fo coming of age fhall neg

lect fo to do, within the fpace oftwelve months, that then the guardian or guardians of

him, her or them, remaining under age, fhall be, and he, fhe or they, is and are hereby

empowered, if he, me or they, fhall think fit, to apply to the faid court for a writ of

partition ; of which application twenty days' notice {hall be given to the other parties TwcMvd -,i

concerned, their agents, or attornies; and upon any fuch application, and affidavit J^^

made of due notice having been given as aforefaid; it fliall and may be lawful for the

faid court to examine the petitioner's title and part or {hare of the premifes to

be divided, and thereupon to iffue a wrk of partition direfted to any eleven perfons Wrluhlll ,,SU(S whom the court fhall think fit, requiring and commanding them, or a majority ol^TMn Par-

them to make partition accordingly ; they being firft fworn in court, or before one of TobtkW8Vft,

the judges, or any magiftrate, or other perfon or perfons for this purpofe nominated

sand appointed by order of court, duly and impartially to execute fuch writ: And

fuch partitioners or perfons named in fuch writ, fhall give eight days' notice of the

time of executing thereof, to all the parties concerned, their attornies or agents, and

thereupon fliall proceed to make a juft and equal partition and divifion of all fuch And *akcthe lands and tenements, either in entire traBs or parcels as they {hall judge to be in pro-*TM""'

portion to the (hares claimed, and moft beneficial to the feveral coparceners, joint

tenants, or tenants in common, according to the beft of their knowledge ; and {hall

make return thereof under their hands and feals to the faid court within three months Andh,m the

after the iffuing of fuch writ there to remain of record; which partition or divifion fo SSSfiuS.

to be made fhall by the judgment of the faid court be final and conclulive to all the J"^

parties contained, any law, ftatute, ufage or cuftom to the contrary notwithstanding. *f$^"

Provided always, That if the defendant or defendants, or perfon concerned, or either ."rJ^Lth,

of them agamft whom, or their right or title, any judgment is given, fliall within the^S

fpace oftwelve months after fuch judgment is entered ; or in cafe of infancy, cover- pa"iUml'

ture, infanity of mind, or abfence out of the province, within one year after his, her,

or their return, or the determination of fuch inability, applying themfelves to the court

where fuch judgment is entered, by motion, and fhew a good and probable matter in

bar of fuch partition, or that the demandant hath not title to fo much as he hath re.

covered; then and in fuch cafe the court may fufpend, or fet afide fuch judgment,

and admit the tenant or tenants to appear and plead; and the caufe fhall proceed ac~

3tG

LAND ACTS.

cording to the due courfe of law, as if no fuch judgment had been given. And if the court upon hearing thereof, mall adjudge for the firft demandant, then the faid fir ft judgment mall ftand confirmed, and be good againft all perfons whatfoever, except inch other perfons as [hall be abfent or difabled as aforefaid; and the perfon or per fons fo appealing (hall be awarded thereupon to pay cofts, or if within fuch time or times aforefaid, the tenants or perfons concerned admitting the demandant's title, parts, or purparts, (hall (hew to the court, any inequality in the partition, the court may award NCW partition a new partition to be made in prefence of all parties concerned, (if the parties appear) m..y tawau notw jtj1 Q;ancjj n g (]ie return and filing upon record the former ; which faid fecond par tition returned and filed fliall be good and firm forever, againft all perfons whatfoe ver, except as before excepted. compensation 2. And be it cnaBed by the authority aforefaid, That the perfons making fuch partilioneisTM " tions be allowed and paid a reafonable charge for the fame. And in the cafe the parrobeawa-d- ty or parties applying for fuch writ of partition fhall negleft or refule to allow and ta by the court. p ay fuc^ charge, the fame fliall upon application, be fettled and awarded by the court,
By order of the Commons Houfe of Affembly. ALEXANDER WYLY, Speaker.
By order of the Upper Houfe. JAMES HABERSHAM, Prcjident.
Council Chamber, March 26, 1767. Affented to.
JAMES WRIGHT.

LAND ACTS.
An act for opening a land-office^ and for the better fettling andjlrengthening this ft
irwmue, i. T 71 THERE AS there remains much vacant and uncultivated land in this ftate,. V V the fettlement of which is of the higheft importance, wherefore it becomes
neceffary that all due encouragement fliould be given to perfons to come and fettle in this ftate, and by that means promote the increafe of its inhabitants: Be. it, therefore enabled by the reprefentatims of the freemen of the fiate of Georgia in General Ajjfem~ ?"nedfficc bly met, and by the authority of the fame., That from and immediately after the paffing of this aft, an office fliall be opened for the purpofe of applying and obtaining va cant lands, by perfons entitled to the fame in this ftate, under the regulations and rules He** rights, herein fet forth, that is to fay: Every free white perfon or head of a family, fhall be entitled to, allotted and granted him, two hundred acres* of land, and for every other white perfon of the faid family, fifty acres of land, and fifty acres for every negro, the property of fuch white perfon or family: Provided^ the faid white perfon or family fhall not have rights for more than ten negroes, and that they have not had land heretofore granted them in virtue of and in right of the faid ten negroes; and the gocovemor shaii vernor or commander in chief for the time being, with the advice and confent of the executive council, fliall have full power, and are hereby authorized to grant fuch tracts or lots of land to fuch perfon or perfons fo obtaining lands as aforefaid, under
* Head rights given by aft of 1780, feft. 12, aHb by a& of 1783, fed. i, and by ad of 1784^, k&i. 3.

LAND ACTS.

317

and by virtue of

this act,

and he Or they

fhall

within

fix months

fettle,

plant,

culti

To be settled hi six months*

vate and live on the fame; or in cafe fuch perfon or perfons [halite difturbed in time

of alarm or annoyance by any enemy, and obliged to remove from the lands fo

granted, fuch perfon or per (bus (hall return to their refpective fettlements or planta

tions, as foon as the enemy (hall be repelled or removed, or the (ituation of affairs

will permit. .2. And be it further enacted by the authority aforefaid^ That all and every perfon m^of'S.
or perfons, who heretofore have had allotments of land in the province, now ftate of Georgia, and have continued and refided in faid ftate, and all and every perfon or Residenceon^ perfons who have fettled on lands not allotted or granted heretofore, fhall be cont i- ^.^J^ nued on the faid lands, and confirmed in a title thereto, in preference to any other "''""'"
perfon or perfons: Provided, fuch perfon or perfons fo fettled on and poffeffing fucW lands, have rights and are entitled to have the fame granted him or them, ac

cording to the true intent and meaning of this aft. 3.'* And whereas, divers perfons who have left this ftate hold allotments, grants and4.)se,ltecs ,loM,
other claims to lands in the faid ftate, have neglected to fettle or cultivate the fame, J^S?6"" as particularly fpecified in their grants: to remedy which, Be it further enacted by iAcno'tSto . autVhor i.ty ' afror'e rai.di, rT-r-hti at al1l1 mr eni perlron or peri'rons whi o iholi di , or pret,en1 d t1 o have tinursni,xsemttolen.th&s'c,. ti.tle s toVinJch. lJands', ei. th, er, ,by al,.lotmrents, grantsr or oth, erways, irnchi perlron or perirons osarmtoe.forfeit the fo being entitled to land as aforefaid, (hall be publicly notified by proclamation to return to this ftate, within fix months from and after the date of fuch proclamation, to fettle and cultivate fuch lands, otherwife the fame fhall be, and is hereby deemed to be vacant, and liable to be granted to any perfon or perfons applying for and en

titled to the fame. 4. And be it further enabled by the authority aforefaid, That if any perfon or per- ^1?*TMTM*^
fons obtaining a confirmation of former allotments of land, or fhall obtain a grant trantfcr"ituri for lands now vacant, they, or their heirs or afligns, and fhall not continue on the residence Years fame under the regulations of this act, for and during the term of five years, he or tlucou' they mall not be allowed to affign the faid grants or allotments, and fuch alignments are hereby declared to be invalid and of no effect: and fuch lands fo afligned fhall be deemed vacant, and may be re-granted to any perfon or perfons who fhall prove, to the fatisfaclion of the governor and council, that the former poffeffbrs or occupiers of fuch lands have actually left the fame, and this ftate.
5. And be it further enabled by the authority aforefaid, That no other charge or ex- TWO shillings pence, except the rent of two millings for each hundred acres of land as heretofore, S'crehs',"ami (hall be laid on the faid lands, but the expence of furveying and granting the fame, Sg'Sis"TM?" for and during the fpace of one year. And the lands fo to be granted (hall be fur- ^w'tobeTiVveyed and laid out in the following manner, viz. in either a fquare or oblong figure, ****'' the length not to be more than double the breadth, as the nature of the land.smay be, unlefs fuch as may lie between lands already granted, or that may hereafter be granted, and be bounded by fuch lines as may be neceffary, or where fuch lands lie between the forks of rivers or creeks, then to be bounded by the faid rivers or creeks; and all perfons that have had lands ordered them, and have not taken out grants for the fame, or fold their warrants or rights for the fame, or are either dead or left the ftate, Tuch perfon or perfons as have bought fuch warrants or rights and titles as aforefaid, and continued in this ftate, mail have fuch lands granted them, a<n-eea~ ble to fuch order or warrant fo purchafed.

* Repealed by a& of 1777, && l "

3i8

LAND ACTS.

!ngs.?^ist11miii 6. And in order to encourage the building of mills in this ftate, Be it further en-

cntlS'to^one atied by the authority aforefaid, That if any perfon or perfons fliall build or caufe to

.iund.oa aae. [je jjyjj^ a gr j mjjj on anv vacan t ] and, he or they fliall have one hundred acres of

land referved until the faid mill be built and fit for ufe, and then fhall have and be en

titled to receive a grant for the fame; and every perfon or perfons building or caufing

A.'sawwill five to be built a faw mill on vacant land, fhall have five hundred acres of land referved

.imdrca acres. U]U -j ^ fe^ m\\\ ^Q Du |it and fit for ufe, and then fliall have and be entitled to, and

receive a grant for the fame, as an encouragement for building fuch faw mill, he fhe

or they, paying the ufual fees for furveying and granting the faid lands.

7. * And be it further enabled by the authority aforejaid, That any perfon or per-

ttourandMres0 fons willing to build a furnace or bloomery for working iron, and that will give fe-,

curity for completing the fame, and fliall actually continue making iron for the term

of five years or upwards, fhall be entitled to a referve of two thoufand acres of land

in one tract, and at the expiration of faid term to have a grant for the fame.

Ft\oi'rogEteil!fooursmsna'i-

8. * ons

And wno

be it further enaffgd '" a" .b'uild a f,,orge f-or

by the authority aforefaid, m' aki.ng o'f.-ba.rir'on,J and,'

That every gi. ve f,,ecun.ty>

perfon or per* f\.or comple't.ing

acres.

the faid work, and fhall aftually continue the bufinefs of making bar iron for the

term of five years, fliall be entitled to a referve of two thoufand acres of land in one

traft at the expiration of the faid term, and fliall have a grant for the fame.

Feraomwho 9' And be it farther enacled by the authority aforefaid, That no perfon or perfons

Krir&T wh have had lands already granted for their family fliall be entitled to land under

rights,not entlr ,.1 :,, a n. tied to any tiy "Ua dCI,

^

tinsaa.

1O> ^ nj fog itfurther enabled by the authority aforefaid, That this aft fliall continue

continuation. an(j ^e m force untji tne fn-ft (jay o f January, in the year of our Lord one thou

fand feven hundred and feventy-eight, and from thence till the end of the next feflion

of the Affembly,

By order of the Houfe of Affembly. W. JONES, Speaker,

Savannah, yth June, 1777.

* See aft of 1780, feft. 18,

An aft to amend and repeal part of " An aft for opening a land-office, and for .the let* Ur ftitling q,ndjlrengthentng of this Jlate"
i."TT 7 HERE AS in and by an at of the prefent Aflembly, entitled " An a6t for Y Y opening a land-office, and for the belter fettling and ftrengthening of this
ftate," it is ordered, that abfentees fhall return to this ftate within fix months, or their lands fliall be regranted to thofe perfons petitioning for the fame: And whereas, it appears the time allowed is too fhort, and many injuries may arife therefrom to fuch abfentees as aforefaid; for the preventing of which. Be it enabled by the reprefenlatives of the freemen of thejlateof Georgia in AJ]enbly met, and by the authority of'the rite clause for fame, That the claufe which refpefts regulating of lands, be and is hereby repealed ; iS'repeaiod. and no lands formerly granted or allotted, fliall be regranted or allotted to any perfon
Holders of for- O1 P er f ns whatfoCVCr.
ftc'toSe""' 2 - And, be it enatted by the authority aforefaid, That if any perfon or per-. same! f<Mrtlia ^ons have heretofore had allotments of lands within this ftate, on any fpecial contract

LAND ACTS.

319

heretofore made, and have paid the depofit money required, fuch perfon or perfons

Ihall have a grant or grants for the fame.

3. And whereas, theconftitution of this ft ate direQs, that each county fhall keep Gri,nUnKdIKlt the public records belonging to the fame, and as a change of government may have bcauditedl

rendered it necelTary that the grants of land fhould be audited as formerly: Therefore

be it emitted by ike authority aforefaid, That all furveys which are legally made and re

turned into the furveyor general's office fliall be recorded, and a certified copy there-J"corIHubfhc

of delivered to the attorney for the ftate, fo that fiats may be by him prepared and SScc^110"

delivered without delay to the fecretary's office, that grants may be made out and fign-

ed for the faid lands, agreeable to the conititution, which faid grants fliall be regif-

tered in the county* where fuch land lieth; which record fliall be, and is hereby de- j^"^0,^,,,,

clarcd to be good and valid in law, any thing herein before to the contrary in any TM"'Xo!rvc)r~

wife notwithstanding.

4. And be it further enaBed by the authority aforefaid, That this aft fliall be and continuation!

continue in force until the firft day of January next, and from thence to the end of

the next feflion of affembly.

1

By order of the Houfe.

W. JONES, Speaker.

September 16, 1777.

* Repealed by al of 1786, feft. 2.

An aftfor the morefpeedy and effeftual fettling andflrengthening this Jlate.
'HEREAS in any fituation, but more efpecially in the prefent, when the preamble. counties and towns upon the fea board are in the hands of the enemy, it is
highly neceffary that forne place fhould be eftablifhed for the feat of government, and the tranfattion of bufinefs in public offices; and alfofor the granting of lands, as well to thofe citizens who have loft poffeflion of their lands in the faid counties and towns, as others who may be induced to come into, and fettle the rich lands of this ftate.
1. Be it therefore enacted by the freemen of this Jlate in General Affembly met, and Town at AV it is hereby accordingly enabled, That from and after the day of the pairing of this at, ^j^0TM'1 the town of Augufta* in the county of Richmond, fliall beconfidered as the feat of government, until directed otherwife by fo.me future meeting of the legiflature, and to which all records and other public papers fliall be brought as foon as may be, and the refpeQive offices opened. Provided, That in cafe the faid town of Augufta, fhoiild at any time in the recefs of the legiflature, be approached or inverted, fo as the fame fliall appear untenable; then his honor the governor and executive council for the time being ftiall remove to fuch place as the common fafety fliall make neceflary, "which fhailbe confidered as the feat of government, until the recovery of the faid town of Augufta.
2. t And whereas the lots in the faid town of Augufta have been monopolized by a few perfons, which rnoft evidently has prevented the full fettlement of the fame, con-
* Louifville is now the feat of government. f From this to'the tenth feftion inclufive, is contained the regulations of the town of Augufta, whiclj Hot being carried into effeft, were re-enafted by aft of 1783.

3o 20

LAND ACTS.

trary to the original intention and terms of the royal grants thereof. Be it therefore

further enaBed by the authority aforefaid, That the proprietor of every lot who foal!

not build thereon, in the manner as is herein after mentioned, within two years from

the palling of this aft, mall forfeit the fame to the ufe of this ftate, to be fold to the

higheft bidder, who fhall engage and give fatisfaclory fecurity to build thereon.

Thevaont 3. And zuhereas the vacant'land above and below the faid town of Augufta, lying
lam) above and
1 on Savannah river on the north, and joining the common in a line ^s'ith the fouthr

! l>ubiPcnten1*1 ftreet of the town, running parallel with the river, and joining land of M'Carten

?iff| boynehhaifc" Camphcll, .on ih.e weft and Andrew M'Lean on the eaft, ought to be laid out into lots,

Stintwdve e ar>d fold for the ufe of this ftat,e, in order to enlarge the limits ofthe faid town : Be it

months. therefore enaEled by the authority aforefaid, That five cororniilioners be appointed by

this houfe, and the faid cornmiftioners fo appointed, or any three of them are hereby

: empowered to lay out the faid vacant land, in lots of one acre each; and alfo to lay

.out proper ftreets, and to arrange them with the others, in jthe faid town of Au

gufta, and the whole fhall be included and called Augufta.

commissioners 4' -^ nc^ be it cnaScd by the authority aforefaid, That the faid eommiffioners.,

su,b&ci'point" or any three of them fhall caufc the faid lots to be fold at public vendue in Augufta

by the fheriff ofthe county, giving one month's notice, after the fame fhall be laid out

as aforefaid, receiving one half of the purchafe money down, and taking bond with

approved fecurity ft>r the payment of the other half within twelve months after every

f'uch fale : Previded, That no one perfon (hall be allowed to hold more than one lot

in his own right 9 wjthjn the term of five years next enfuing, or any other perfon for

him.

The governor 5- And be itfurther enaBed by the authority aforefaid, That his honor the governor

forth"fotsT" i" council be, and he is hereby empowered to fign grants for the fame, to the refpcftive

live'Eund purchafers, each firft giving approved fecurity to fettle and build upon the fame as is

bseuciiudriotyn ttohem, ?herei n af<ter di i recr\tedj,

' ''

'

SSnfsh'teu 6- ^ n^ whereas the ftreets in the town of Augufta, as well as the road on either fide

the struts. u p ,-Q Rae's Creek and down to the fan'd bar, are not regular or ftraight: Be ittherefore

matted by the authority aforefaid, That the faid cqmmiflioners or any three of them,

be empowered and. directed to lay out, admeafure, and poft the fame, in the beft and

moft regular way.

7 Refpefts the court-houfe and jail of Richmond county---repealed.

8. Andbeitfurther enaBed by the authority aforefaid, That no perfon, proprietor of any

thchousestobe lot in Augufta, or any perfon for him, fhall be allowed to erecl any dwelling houfe upon

slid lots. an y of the faid lots under the dimenfions of twenty by fixteen feet, and if the fame fhall

be in wood, it fhall be framed and built in a workman like manner, and fhall be plar

ced in fuch part of the lot as fhall be pointed out and direfled by the faid commif

fioners or any three of them, to the end that the faid town may be regularly built.

seminary of g. And be it farther enaBed by the authority aforefaid, That the other public lot ir$

board-ftreet be referved for houfes of public feminaries and fchools.

10. And beitfurther enaBed by the authority aforefaid, That the faid commifTionerss

<eOTviSfG be or any three of them, fhall referve two of the heft lots in the centre line of the faid town^

ik"TM,shii>p" "and diftant from each other, for houfes of public worfhip. And alfo that the faid

commiffioners or any three of them, do lay out two acres of ground in the common,

fouth of the faid town, for public cemeteries, eachoppofite to the refpeclive lots, and to

caufe the fame to be cleared and fenced in, and hereafter no corpfe fhall be interred

in the town.

LAND ACTS.

321

it. And be it further enabled ly the authority aforefaid, That the monies arifing MTM'^*;"? from the iales of the {aid lots fhall be depofited in the public treafury* for the fup-^^!TM

port of the expences of the ftate. 12. And whereas the rich and healthy lands in Wi.lkes county, and elfewhere in this J^STM 0
ftate, remain unfettled, to the great detriment of the commerce and ftrength of the licadris"ts'

fame, while many of the citizens of this ftate are fuffering by their lands being in the hands of the enemy ; and others being willing to fettle and defend the fame as hereto fore mentioned. Be it therefore enatted by the authority aforefaid, and it is hereby en-

atted, That every citizen of this ftate, as well as any citizens of any other ftate fhaH be entitled to a grant of land in the following manner, viz. two hundred acres of land for the head of a family, and fifty acres for each member of the fame, whether white or black; to belaid out any where in this ftate, not in the pofTefiion of the In-'p^.^ dians. Provided. That every fuch perfon before he {hall obtain fuch grant, fhall bring b^iiet..-*,. the whole of his* family intoJ this ft*ate, and himielfr taike and1 fPub1 lf*cribI e th{ e oath1 s oiJ" ^gH at1e1",mIIiIUtaJkuct_g

government. And provided alfo, That he {hall give fecurity to his honor the gov- ieTM>^^-

ernor and council for fettling the fame within nine months next thereafter.

can be obtam-

13. And be it further enaftedby the authority aforefaid, That where it fhall appear preference^. that the commiffioners under the former government fold and made allotments to any mit?umier
perfons who have fettled, and ftill poflefs the fame, fuch perfons fhall have grants in stonenTM"TM'1

preference to any other perfons whatever. 14. And to the end, That every-encouragement may be given to induce men to TI}e settievs Of
come from other Mates to fettle lands in Wilkes county. Be it, enacled by the authori-^omn-SSS^ ty aforefaid;'Thatevery perfon focoming from another ftate and fettling in Wilkes (Ulty-

county under this aft,; fhall not be compelled to ferve in the militia, in any other way

or place, but in defending the fame during the term of two years. 15. And whereas, it is effentially neceffary, for the convenience of fuitors and
miniflers of public juftice, that the building a {'mall town at the place appointed for holding courts in the county of Wilkes, mould be encouraged: Be it therefore enac ted by the authority aforefaid, That five commiffioners be appointed by this Houfe; commissioners and the faid commhTioners fo to be appointed, or any three of them, be empower- S'wiikesftiTM
ed to lay out one hundred acres of the'land circumjacent to the faid place, into a ami granVdM town and common; and that the fame be fold and granted in the manner pointed mAugusta> out in this aft, refpefting the lots in Augufta, and the monies arifing;from fuch fales ay4TMTM^ ap"

appropriated tO the like Ufes.

:

sam manner.

16. And whereas, many trafts and parcels of land have been laid out and furvey- The KoveTMor ed by perfons who have been long out, and yet are abfent from this ftate: Be z^'^SC," therefore., enabled by the authority aforefaid, That his honor the governor be empow- tSKeere' ered to iffue a proclamation, admonifhing every fuch perfon to come in and fettlemSrMj'
the land fo laid out and furveyed, within t three months next after the date of fuch

proclamation, ptherwife all fuch lands mall be deemed vacant.

17. And beitfiirtherenacled by the authority aforefaid., That the following fhall be Foi.mofgr3nt,; the form of all grants of land within this ftate;

;"'';,.' 'By authority of the legi/lature of theflate of Georgia.
_ I, A. B, governor and commander, in chief of the faid ftate, by and( with the adviceof :the executive council.of the fame, now prefent, do give and grant unto C, D,

' ' '." .-'.,--

.

Ss

'

* Vetted in traftees--fee aft of 1783--fet. 4. t Extended twelve.months.by aft.of. 1783, feft, 4,

3 22

LAND ACTS.

all that, Sec. To have and to hold the faid traft of land with all the premifes and

appurtenances, to him the faid C. D, his heirs and affigus forever, in fee fimple.

Given under my hand and the greatfeal of the jaidjlate, this

day of

in the year of our Lord God one thoiifand feven hun

dred, &c.

By his honor, &c.*

aaS'grantaf 18. And whereas, it will tend greatly to the intereft arid flrength of the ftate to cfta-

yuKcurity1' blifli manufactories of iron: to the end therefore of encouraging able and proper

io hifiKoTM' peribiis to undertake the fame, Be it enabled by the authority aforefaid, That any per-

ion or perforis who will give approved fecurity to his honor the governor and coun

cil, for creeling proper and effectual works for that purpofe, fhall be entitled to a

grant of two thoiifand acres for a forge, and two thoufand acres for a blooraery, and

two thoiifand acres for a furnace.

SSsrio*;i.nol 1 9- A nd w^ reas, it may fo be that a number of warrants and returns of plats may

to t>e establish- [)e loft in our late confufed ftate: for remedy whereof, Be it enafted by the authority

aforefaid, That where it mall appear upon oath that any fuch paper or defcription of

land may have been loft, that grants mall pafs for the fame notwithstanding, free of

new expence,

on'tlie inma'n 2O- dnd le it further' ena&ed by the authority aforefaid, That no warrant, furvey

m'manfuo'id! or plat, made or laid out in the lands yet within the lines of the Indians, fhall beheld

valid, and the fame is hereby declared null and void, to all intents and purpofes

whatever, nor ihall any grant which may hereafter be furreptitioufly obtained, be

deemed legal, or of any -effect.

21. And ruhereas no grants have yet been figned andpafied for many allotments,

warrants and returns of land. Be it therefore enacled by the authority aforefaid, That

sT'anffmTM"/ his hnor the governor in council be empowered to fign, fea-1, and pafe grants for

PaS5grauts,&c, ,-he fame as foon as poffible ; and to all other perfons who fhall .apply for lands in

the terms of this aft, and of the before mentioned aft, commonly called the land aft.

alum isme a 22. And It it enaSed further by the authority aforefaid, That his honor the governor, ti>nrvoict!i^nigiias.teiot-ii by and with the advice and confent of the exe"cutive council, be empowereO d to-if* fue tsiuertse.to the aJproclamati. on, poi. nti.ng out th. e nr tuati. on, n. .ch. nei,,s, andi con- veniencre or< th- e ila,nids

within this Mate, and inviting them to come and fettle the fame, upon the terms and

conditions herein before mentioned, And that he be alfo empowered in like manner

to fend one or more fit perfons into other ftates upon the public expences, the better

to carry the intentions of this aft into execution.

"claim* of in- 23. 'Whereas certain perfons, citizens of this and the ftate of South-Carolina, and

SsTnwikS friends to the independency of the fame, claim, that the lands in the county of Wilkes

were originally given up and ceded to the government of Great-Britain by the Creek

and Cherokee Indians, in fatisfaftion and difcharge of certain debts and arrears due

by the faid Indians to the faid certain perfons, commonly called Indian traders : Be it,

therefore enaffed, That any perfon having or pretending to have any claim, do }ay

their claims and accounts before this or fome future Houfe of Affernbly to be

examined, and whatever claims fh all be found juft and proper, and due to the friends,

of America, fliall be paid by treafiiry certificates for the amount, payable in twos

three and four years, and carrying fix per cent, intereft.

2 4- ^nd l>e it further enatted by the authority aforefaid^ That William Glafcock,

George Walton, Daniel M'Murphy, John Twiggs and George Wells, efqrs. or any

'* The form of grants altered by at of 1783, feft._iz.

LAND ACTS, '

32$

three of them, be a board of commiffioners for acting under this a&, reflecting the town of Augufta; and William Downs, Barnard Heard, John Gorham, Daniel AndforwMn.. Coleraan, and John Dooly, efqrs. or any three of them, be a board of commif-"'2""1' fioners for ating under this aQ. refpedting'the town, at the court-houfe in Wilkes
county, which mall be called Wafhington. 25. And be it further enacted by the authority aforefaid, That this {hall be deem-A public -
ed a public aft, and fliall be given at any time fpecially in evidence. WILLIAM GLASCOGK, Speaker. . .
January 23, 1780.

An actfor opening the land-of/ice, andfor other furfofes therein mentioned.*

W HER.EAS it will tend to the benefit and advantage of this ftate, that the unlo- preamble. cated lands within the fame, be granted out, and that all due encouragement

be given to the immediate fettlement thereof. Be it therefore enacted by the reprefen-

tati-ves of the freemen oftheftate of Georgia in General Affembly met, and by the authori

ty of the fame, That from and immediately after the palling of this act, the land-office ^

Ihall, and the fame is hereby declared to be opened, and all and every perfon andper-

fons applying for land agreeable to the terms herein after mentioned, fhall be enti

tled to a grant of the fame, that is to fay, each mafter or head of a family (hall be al

lowed as his own head right, and without any other or further charges than the of-

fiee and furveying fees, two hundred acres: And fuch perfon fhall alfo be permitted

to purchaie at the rate of fifty acres for each and every head right in his family, on

the following terms, that is to fay, one fliillingt per acre for the firft hundred acres,

and one milling and fixpence per acre for the fecond hundred acres, two fhillings

per acre for the third hundred acres, and two fhiljipgs and fixpence per acre for the

fourth hundred acres, and To on in the fame progreffion, according to the number of

head rights in fuch family : Provided the quantity of land granted and fold to any one PTM ii.

perfon mail not exceed one thoufapd acres, and that fuch perfon do live on and iv^TMt*!'

cultivate^ a part of the laid land, twelve months before he or fhe fhall be entitled ^uTM1\dv,acres'

to a grant for the fame ; And alfo further provided : That fuch perfon hath -not here- Sesamewtvc

tofore received the head right which he or fhe then applys, either under the prefent, KSainsttm

of former government pf this ftate,

'

'

Erant '

't'. And whereas this ftate hath made engagements to the foldiers and other troops SuSe"TM-

which in juftice they pught to fulfil. Be it therefore enacted. That in cafe any offi- aXX^a?

cer, or foldier or other perfon, claiming under fuch engagements as aforefaid, fiial) fiSSt's-

p'roduce a certificate from his honor the governor for the time being, that a tract or cates'

tracts of land is, or are due to him, that then fuch officer, foldier or other perfon,

ihall be entitled to a warrant and gran); for any unlocated lands (agreeable to the

quantity contained in his certificate) within this ftate.

' 3. And be it further enacted,, That every perfon applying by head rights as afore- i^Xi"TM-

faid, fhall previous to his .obtaining a grant for his land, or having it in his power to tSiTgf!mt?r

difppfe of the fame, (ptherwife than by will) fettle and improve a part of fuch tract or

tracts, as he may pbtain a warrant and furvey of, for the fpace of twelve months as

* Some parts of this aft repealed by the next aft in order.

J- To be paid in audited certificates by at of 1783--feel. g.

| Settlement &c, n<jt necefiary--fee ad .of 1784--fed, 16,



1

324

LAND ACTS.

aforefaid, and fhall actually cultivate and clear at the rate of three acres at leaft for: every hundred acres of the faid land. surveyor gene- 4. And lie it further enacted. That there fhall be a furveyor general for ihe ftate, !roarld'feoar<t*huecsStatter, a a i i r- a l,urveJyor fror eachi county, T_l annual1l)y c1noiren 1by thi e ii egiru, ature; andi irncih lLhi$by?he' county Purveyors foelecled fball have power to appoint, one ormoreaffiftants if neceffa. assembly. ry ? a nd the aforci'aid county furveyor or hisalliftantor affiftants are hereby authorized to lay out and furvey to any perfon or perfons who fhall apply, all fuch lands as he, flie rhe .iuty of or they, may have obtained a warrant for, and the faid county furveyor is hereby rectauiin- ity survey- quiredi to ki eep an ofrfrice in thi at part orr thi e county wihere thi e lXupenor court is hi oli di en, aUm w hich faid office fhall be recorded all fuch plats or furveys belonging to fuch counanTtra,'i.TM;t tv as ma^ ^e niade, within two months from the date'of the warrant, and the faid counfiuh'ree'momhs ty furveyor fhall alfo tranfmitto the furveyor general, a fair copy of the fame togethg'eiiemi'ToS er with the warrant, within three months from the date of the latter, and the furveyor The duty of general fliall record fuch plat in his office, and when, and as foon as the full conh'degaierai. ration money for the faid land (if granted on purchafeas aforefaid) together with office fees (hall be paid, the faid furveyor general mail record fuch plat in his office, and pafs the original into the fecretary's office for a grant thereof to be made out and fignedby the governor, or in his ab fence by the preiident for the time being, \v hen the party fh all be entitled thereto, under the terms aforefaid, and the faid grant-when figned as aforefaid, fhall be returned into the fecretary's office to be there fealedwith the great leal andregiftered; and thereafter the fame fhall betranfmitted to its proper county, and lodged in the office ofthecounty furveyor, to bethere recorded Jand then delivered out to the grantee. Proi^'iis to be lap- vided fl/ty<7/v5,That in cafe the consideration money for any lands granted oh purchafe, fliall offl'Sfccraerye* not '3e Pa^ inio t'ie trcafury, and a certificate thereof lodged with the furveyor genetwe^ve'months ra^ (which fiiall be the proper mode of paying all purchafe monies for lands granted ome'warnmt. under this acl) and alfo all office fees paid within twelve months from the date of the warrant, then and in fuch cafe the land mentioned and contained therein, fliall be deem ed lap fed, and liable to be granted out to any other perfon who fliall apply for and prove roviso. rights agreeable to this law for the fame. And alfo provided^ in cafe any caveat fliall eaveat. be entered againft the paffing of any grant, that, then the figning and fealing of the fame, fhall be flayed until the determination of fuch caveat. caveats *aii 5' ^ w^ ^ e it further encifted, That all caveats againft the paffing of grants, fliall tbhec"S"yKir- ^ e entered in the office of the county furveyor where the land lies, who fliall give noInKivertSi t'ce thereof by advertifement in the mod public place of the faid county, at leaft thirty <iya. tm' rty days before a final determination is had on fuch caveat. And the manner of of trial, trying fuch caveat fliall be as follows: The juftices of the county, or any three or more of them, fhall, on the day fucceeding the day on which they meet for the purpofe of granting warrants for lands, caufe to be drawn and fummoned out of the. by-ftanders" (being freeholders within this ftate) a jury of twelve men, who being duly fworn to try the matter according to law and equity, fhall immediately proceed to try and give their verdict thereon, which fhall be final and conclufive.* And the faid TsSn county furveyors fliall once in every month, when they refpeclively tranfmit to the furt'lJ veyor general fair copies of plats, together with warrants as before directed, alfo tranf'thTsur- mil and fend to the faid furveyor general a regular account of all caveats depending i.uu.ra..^^ determined in their refpeftive counties, in order that the fame may from time to

f Now elected by the people--fee aft of 1799--&& 2. % Unneceflary--feeaftof 1786, fed. 2.
* Appeal allowed to the governor and council, See aft of 1784, fe&. 9.

LAND ACTS.

time be laid before his honor the governor and executive council, as a guide in

refpeft to the figning of grants. 6. And be it further enacted, That a* majority of the juflices belonging to each t^Sm

county fliall be empowered, and they are hereby required, on the firft Monday in S^^TtvL-each month, and for as many days immediately following as they ftiall find it ne-SS^nevt ceffary, to hold a court (at the place where the fuperior courts of fuch county are ry raontl1'

ufually held) for the purpofeof receiving applications for lands, according to juftice and the true intent and meaning of this aft; they the faid juftices, or a majority of

them, fliall order warrants to iflue, and the fame mail be figned by the fenior juftice

then prefent, and attefted by the clerk, commanding and requiring the county furveyor to lay out and admeafure fuch traft or tracts of land within their refpeclive

counties, as they fliall think fit to grant, under the terms and directions contained in

this law. 7. And be it further.enatted, That all and every perfon and_ perfons, before he, ?fffTMsw^L
fhe or they, fliall obtain a warrant or warrants for any land within this ftate, fhall on ^tiTM^?.8"

oath declare, before the faid juftices holding a court as aforefaid, that he,, (lie or they, ces<

hath or have not taken up or obtained land in this ftate for the head rights, or any of

them, at that time.applied for; and alfo that he, flie or they, doth or do not hold, nor

have had granted, under the prefent or former government, to him, her or them,

on head'rights 1 as aforefaid, any quantity of land not exceeding one thoufand acres,

nor more land than, together with what is at that time applied for, will make a quan

tity exceeding one thoufand acres; arid fuch perfon or perfons fliall alfo at the fame AM produce

time produce a certifioatej figned by two or more juftices of the county, he, fhe orS!>ne'tyf

they,laft refidedin, or'fuch other credentials as will fatisfy the court of the honefty and anci Inte6"ty'

integrity of the perfort or perfons fo applying; and thereafter the faid warrant fhall

iffuej figned and attefted as aforefaid, and run in the following form : " By the fnrtTM ofwar*

court of juftices-for the'county of

To A. E. county furveyor of

faid county. You are hereby authorized and required to admeafure and lay out, or

caule to be admeafurfed and laid out, unto' : C. D. a tracl of land, which fhall contain

acres, in the faid county of

(here defcribe the but

tings andboundings of the land as particularly as may be) taking fpecial care that the

fame h'as not heretofore been laid out to any other perfon or perfons: And you are

alfo hereby directed and required to record the plat of the fame in your office, and

tranfinit a copy thereof,' together with the warrant, to the furveyor general, within

the term of three t months from this date. Given under my hand, as fenior juftice

of the faid court, this

day of

178

8. 'And be it further- enacted^ That the clerk of the faid court of iuftices fliall keep Thecierko? a r: eguliar ibookic ot en-tr'ies, ofr alili appliications madie and-. warrants JifTMf,ued, fpecifying* thhiescl'auntyti-court.

the buttings and boundings; of: the lands contained in the fame; and the feveral county

furveyors fhall, previous to their entering on the execution of their office, take and G6imtysul..

fubfcribe the following oath, before two or more of the juftices of the county to Teyor-

which they refpeaively belong; " I, A. B. do folemnly fwear, that I will, to the belt

of my .{kill and knowledge difchargethe duty of furveyor for the county of

HisoatU':

and that I Will not admeafure, furvey or lay out, or knowingly admit of or caufe to

be admeafured, furveyed or laid out, .any land, without a warrant firft obtained for

that purpofe." And fuch county furveyors.refpeftively, fhall give bond with appro-

* Any five, including an affiftant juftice, may hold a land-court, by aft of 1783, fed. .2, And any three vefted with the fame power by aft of 1789, feft. 3.
f Six months by ail of 1785, feft. 8. Two years by aft of 1786, feft. 3,

326

LAND ACTS.

and"!centy"in ved fecurity, in the penal fum of five * hundred pounds fpecie, to his honor the go-

fivBpiumdrea>f vernor for the time being, conditioned for the good behaviour in office, and true per-.

pounds. formance of the trull repofed in fiich furveyor; which faid bond mail be taken in and.

by the firft court of juftices which ihall convene and fit after the appointment of

fuch county furveyors refpeftively, and the fame {hall be immediately tranfmitted to

his honor the governor, liable to be put in fuit, in cafe of any mifbehaviour in the faid.

shaii execute county furveyor; and it (hall be a part of the duty of fuch county furveyors, punctually

Sfthc CSuTMyor to obferve and carry into execution all fuch orders and inftrufetions, as they fhall

Swrtheir from time to time receive from the furveyor general, and fwear, or caufe to be fworn,

chamc,imtr> ^ cnain carriers within their rdpefcUye counties.

Wtueavrrrecavnotsfuanodn

revqJo. luAtin.odn)beoib.t if/aui.rntchde, rf.,oernavcatecda^nt'.Tlahnadt.salalnwd, ariruarnvtesysh,e.rtehtaotfohraeve(V thbaet eins

to fay, fince the made/ ' i.n conies

lfiio"ar~<iuence f ft10'1 warrants, within the prefent temporary boundary line between the

swats. -white inhabitants of this Mate and the Indians, {hall be delivered into the court of

juftices of the county where fuch land lies, who (hall make fuch order to the county

furveyor rcfpeQing the fame, as the nature of the cafe may require, and as to juftice

fhall appertain. And.it {hall be a (landing rule with the faid court of juftices and

county furveyors, and all others concerned in the execution of this law, that in all

and every cafe where any perfon or perfons whatfoever, or his legal reprefentatjve or

reprefentatives (being at this time, a free citizen or citizens of America) was or were,

on the twenty-ninth day of December, in .the year/of our Lord one thoufand feven

hundred and feventy-eight, entitled by any lawjpr order of the prefent government,

to a grant of lands already run and located by i'uch perfon or perfons, that in all

and every fuch cafe the faid grant mall now actually pafs, and be figned and fealed

without any further or other additional charges or encumbrances (in confequence of

this law) upon the fame, except office fees.

,

.

;

proci-mvition 1O< 4nd whereas, in the year of our Lord one thoufand feven hundred and feven-

ttosKttk ty-eigh's there was iffued by the authority of this ftate a proclamation, inviting let-

tiers to migrate into the fame; in confequence whereof, many perfons did aftually

come into the ftate, arid fat down on pieces or parcels of vacant land, for which they

rneant to apply for grants under the terms of the faid proclamation, but by reafbn of

the confufions which have fince taken place, they.the faid perfons have not been able

personscntuied as yet to obtain or talce out fuch grants; Be it therefore enaSech That in all andevery,

st,Sih"veu tfhereernicgeh.t ofpre-

ecanftei.t,'lewd. ,heunndi,terfhtah, lel

taep4rmp* esarortrhfa~h.te

any l'raid1

pperro' f-col1namoart}ipoenr,fotnos

ai- snyorgra-arnet .rpe,rallgyjraa.nntdsbwonpaerjefiodne;,

he, fhe or they, have fixed fome mark of pofleflion, within the prefent temporary di-

vifion line between the white inhabitants and the Indians, that he, fhe or they, jb en

titled as aforefaid, or his, her or their legal reprefentative or reprefentatives, fhall

have the prefercnces on application for the faid land, to all and every otjier perfon or;

perfons whatfoever,, And there flialj not be any other or further charge (except of

fice fees) on the laid land, than was to have been paid on the fame at the time fuch

perfon or perfpns took poifeffipn thereof as aforefaid, any thing in this al contained

to the contrary thereof in any wife nptwithftanding. '

,.

'<_.- -,

AIIsm-veysand. 11 - 4 n^ e itJurthpr enaSedj That, all ; furveys which have, pr may have'been

fhc'tonplfary made, or lines run by any means, or under any pretence whatfoever, beyond the pre-

w.' fent temporary line, within this ftate, between the white inhabitants and the Indians be

longing to the fainCj or any part of the lands not already laid out into counties, butal-

f Two thoufand pounds by a6l of 1789, fL 4. .

LAND ACTS.

327

lowed to remain as hunting ground for the Indians at prefent, mall and the fame is, and'are hereby declared to be null and void, to all intents and purpofes, as though fuch furveys or lines had never been made. And all and every perfon and pertbns Persons Iiaving whatfoever who (hall hereafter Turvey, or affill in furveying, or procure to be fur~ ^pttng^^ veyed and marked with lines, any of the lands above defcribed, whereon the I ndian^||^|$lf| are allowed to hunt for their fupport, or who fhall obtain, or attempt to obtain a grant |ftr7vV for the fame, before fuch lands are taken within the boundary of the white inhabitants
of this ftate, and the mode of granting fuch lands fo to be taken in, be agreed and de- v termined on by the legiflature, and publiflied by proclamation, all and every fuch per fon and perfons {hall forfeit and pay a penalty oft twenty {hillings for every acre of
land he, flie or they, fhall run, or attempt to run, or obtain, or attempt to obtain a grant, which faid penalty fhall be recovered in any court of record or confcience (ac
cording to the amount thereof) within this ftate, and fhall be for the ufe of any perfon or perfonst, who {hall inform of, and.fue for the fame either by way of information or novvto b3 . a&ion. And if the perfon or perfons againft whom a judgment {hall be obtained for vj^TM^*" any penalty as aforefaid, {hall be unable to' pay the fame, or will not produce proper- m|trfra-
ty whereon the fheriff" may levy to the amount thereof, he, me or they, fhall be lia ble, and thejuftices of the county where fuch caufe mall be tried, mall order him, ot her, or them, into clofe confinement, without bail or mainprize, for the fpace of two days for every twenty millings, the faid penalty fo recovered as aforefaid, mall confift of, and which fhall remain unpaid out of the property of the faid delinquent.
12. And be it further enaffed, That the following fhall be the form* of grants Form of grams,
of lands within this ftate.

. (Georgia, '. ! ; ' : .

By the honorable A. J3. esq. capt. 'general, governor and 'commander in chief" in and

-.'-.

over t'he.jaidjlaie.

, To all to whom thefe prefents fhall come, greeting.

K NOW YE, that in purfuance of the al for opening the land-office, and by vir tue, of the powers in me vefted, I have by and with the advice and confent of

the honorable the executive council, given and granted, and by thefe prefents in the

name and behalf of the faid ftate, do give and grant,,unto C. D. his heirs, and af-

figns forever all that trafcYor -parcel of land containing

fituate lying and being in

the county of ; '-'in the faid ftate, a'nd butting and bounding

having fuch

fliapesi, -form, and marks, as appear by a plat of the fame hereunto annexed, togeth

er, with all and firigular the rights, members and appurtenances thereof whatfdever to

the faid traft or parcel of land belonging, or in any wife appertaining; and alfo all the

eftate, right, title, intereft, claim and demand of the ftate aforefaid, of, into, or out of

the fame, to have and to hold the faidtraft or parcel of land, and all and fingularthe

premifes aforefaid, with their, and every of their rights, members and appurtenances

unto the faid C. D. his heirs and affigns, tohis,and their own proper ufe and behoof

forever, in fee fimple. Given under ,my handjn council, and the great feal of the faid

ftateat

this

day of

in the year of our Lord 178

and in

year of American Independence.

, -.

Signed by his honor the governor, in council.

E. F. clerk council the

day of 178

- ( Seeaa of 1785, feft.^. See alfo aftof 1786, fed I. And by aftof 1787, fea. 2, made liable to corporeal pumfhment and: the fecond offence declared felony.
* The governor empowered to diredtlie form'of grants by aft of 1789, feft, I.

328

LAND ACTS.

13. And whereas, it may fo happen that perfons emigrating from elfewhere, and

difpofed to fettle in this ftate., may not be fufHcieritly acquainted with the limits

and boundaries of the fame, and furveyors may wilfully or ignorantly commit mif

takes in the running the lines, unlefs the faid limits and boundaries be made known to

them: In order, therefore, to inform and encourage all perfons difpofed to migrate

into this ftate, to prevent miftakes, and to remove every pretence for fraud in fur

Boundary and juristliftion of

veyors,

and others

intrufted with the execution of this law,

Be it enaffed, ordained and

th? state. declared by the authority aforefaid. That the limits, .boundaries, jurifdiclion and au

thority of the ftate of Georgia, DO and did, and of right ought to extend, from

the mouth of the river Savannah, along the north fide thereof, and up the moft

northern ftream or fork of the faid river to its head or fource; from thence in a due

weft courfe to the river Mifiifippi; and down the faid ftream of the Miffifippi, to

the latitude thirty-one degrees north; from thence, in a due eaft courfe, to the river

Apalachicola, or Chatahouchee; and from the fork of the faid river Apalachicola,

where the Chatahouchee and Flint Rivers meet, in adirecl; line to the head or fource

of the fouthermnoft ftream of the river St. Mary; and along the courfe of the faid

river St. Mary, to the Atlantic ocean, and from thence to the mouth or inlet of the

river Savannah, including and comprehending all the lands and waters within the

faid limits, boundaries and jurifdiftional. right, and alfo all the iflands within twen

ty leagues of the fea coaft. And all juftices of the peace, furveyors, militia and

other officers and perfons of,any defcription or denomination whatfoever, are here

by enjoined and required r and fully authorized arid empowered to hold and confider

the faid limits, boundaries and jurifdiftional right above mentioned, expreffed and

defcribedas the true and ju ft Jim its, boundaries and jurifdiGtion of the fovereign and,

independent ftate of Georgia, as fecured to the inhabitants and free citizens thereof

by their charter, and guaranteed as well by the articles of confederation as by the treaty

of alliance with his moft chriftian majefty, Provided neverthelefs, -That nothing here

in before contained fhall extend, or be conftrued to extend to authorize or empower

any perfon or perfons whatfoever to furvey, run'or make lines upon the lands before

defcribed, as being allowed;to the In'di^n-'S-'ifpiri'hu.iiting.grpvlndj/prfany/'p'aft, or par

cel thereof, before or until permiffion for thatrpurpofe fhajlbt? granted by the legifla-

ture, and made known by proclamation.

Su

14. And be it further enabled,'-'Thatthe furveyor general and all county furveyors fhall, as nearly as rqay be, be governed and directed in the execution of all warrants,

and in making their furveys, by the known rules, laws, and,cuftoms of this ftate in re

gard to fuch bufinefs, in fo far as the fame may be made to epnfift with this law, the re

volution in government, and the true intereft of the republic, as fhall from time to.

time be expreffed by its legiflature or executive body.

J?y order of the H-oufe.

:* , ; ; : .';-'.' ... . :. W.JONES,

.Savannah, February 17,

An act to repeal and amend fome fart ofan act entitled c{ An act for opening the land-

.'

office.".

W HEREAS it is found by experience that fome part of the aft for opening the land-office, does not anfwer the falutary purpofe thereby intended.

LAND ACTS.

329

1. Be it therefore-enacted by the reprefentati-oes ofthefreemen of ihejlate of in General A/fembly met, and by the authority of the fame, That the claufe of the afore faid aft, or that part of it, which requires a majority of the juftices of acounty to grant a warrant for unlocated lands, be, and the fame is hereby repealed, and made nail and
void, 2. And be it farther enacted by the authority aforefaid, That the juftices of the Fivcjusti(.e . !n.
feveral counties, or any five* of them, as hereafter mentioned, fliall meet in their ref-^"t^"^;, peftive counties on the firft Monday in each month, and for as many days following, comt'onthe"'1" as they fliall find it neceffary, to hold a court at the place where the fuperior courts of every'momL"1' fuch counties refpeft.ively are held : And the faid juftices fo met, or any number of ' them not unde^five (and of which five or greater number, one or more of the affiftant juftices of the county fhall be a part) fliall conftitute a board, and be competent to do and tranfaft all arid fingular the bulinefs pointed out and required by the faid
aft, to be done by a board of juftices. 3. And be it further enafted. by the authority'aforefaid, That in all and every cafe ^"So her*..
where any perfon or perfons applying for land under the faid aft for opening the land- "'tlfe^irchS office, fliall havejuft claims againft this ftate, and fhall be pofleffedofa certificate in ofla^a' his, or her own name, either under the hand of the prefent, or the laft, or any future governor for the amount of the fame, or if an account duly audited agreeable to law, that fuch a certificate or audited account fliall be taken and received as fpecie, or gold, orfilvercoin, in anypurchafe of unlocated lands within the late temporary boundary line, of this ftate, he, fhe or they, may make under the faid aft, notexceeding the quan tity therein mentioned; Provided fuch certificates be brought in and delivered totheprows*. treafurer within one year from and after the paffing of this aft, and not otherwife.
4. And whereas many perfons now refidents of other ftates have formerly obtained warrants, under which they have furveyed-lands in the different counties of this ftate, and have never obtained grants for the fame. Be it thereforefurther enacted by the autho- The governor rity aforefaid, 1 hat his honor the governor be empowered and required to iffue his pro- ciaSTM^clamation immediately after the paffing of this at, and caufe the fame to be publimed.Ser?l,TMow, in the feveral gazettes of the United States, requefting all and every fuch perfon or oiSwaS",TM perfons refidents of other ftates; who hold lands by furveys as aforefaid, or other ^n|^5"le claims, that he, fhe or they, fliall come in within the fpace of twelve months after the oTd'e tJTMsut' iffuing the faid proclamation, and fettle their refpeftive elaimes according to the laws ot' voS/11*11^ this ftate, and on default of their not coming in within the time limited,every fuch furvey or claim is hereby declared null and void, and any other perfon or perfons entitled to land, fhall be at liberty to apply and obtain grants for the faid land, the fame as for any other unlocated lands, within this ftate, notwithftanding faid furveys or claims, Providedneverthelefs. That nothing herein contained fhallextend to affeft or injure' PrOT!<i) the right of any perfon or perfons, who is, or are at prefent in his, her or their mi-;^wof nority, until one year after fuch perfon or perfons fhall arrive at the age of twenty- i>aKd.J-" one years.
5. And be it further enacted by the.authority aforefaid, . That in all and every cafeFsof g.TM>t, where it fhall be made to appear to the fatisfaftion of his honor the governor, thai;'"<Ia*v"r~ the party applying for and entitled to any, grant, (to which the father of him, her or^'""^'"" them, was entitled at any time before the twenty-ninth day of December, which was i,n the year of our Lord one thoufand feven hundred and fev en ty-eightJ is a minor '

* Threeforma.courtbyaftof 1789, fet. 3,

,

-

330

LAND ACTS,

j?*

.

under the age of twenty-one years, or a widow, and that fuch widow became fo fince

that period ; 'and that the father of fuch minor, or the hufband of fuch widow did ac

tually in his lifetime pay the cofts or fees of his grant in the proper offices; that in

all and every fuch cafe, the faid minor or widow fhall be exempted from all fees or

cofts; and his, or her grant mail be paffed, and figned, fealed and delivered gratis. And

his honor the governor and the other officers concerned in the figning and making out

grants fhall charge their refpective fees to the public. *'

sot more than 6. And be itfurther enafted by the authority aforefaid, That nothing in this aft con-

to beWicMn a tained fhall extend, or be conRrued to extend to authorize and empower the juftices

ametimcar.A (in number before mentioned) who fhall be met and convened for the purpofe of grant

ing lands, to hold more than one court, at one and the fame place and time : And the

affiftant juftice then prefent, who fhall be the fenior,'either by an older commiffioti

or by being firft named in the fame commiffion with others, fhall prefide in the faid

court, and fhall be inverted with all and fingular the powers given to, and be under

the directions pointed out for the prefident of the board of juftices in and by the " Acl

for opening the land-office," before mentioned.



By order of the Houfe.

: WILLIAM GIBBONS, Speaker,

Augufta, Auguft i, 1783.

An aBfor laying out two mere counties to the.weftward, and pointing out the mode of granting the fame.
i. T IfTHEREAS it is neceffary in order to ftrengthen this ftate, and for the conV V venience of the inhabitants, that new counties mould be laid out and proper
ty fettled, Therefore be it enabled by the reprefentatives of thefreemen of theftate ofGeor2<S.?raTJ/ S^ a in General Afjembly met^ and by the authority of the fame, That the prefent tempoti mate. rary ]mg5 cjrcumfcribing the Indian hunting ground, fhall be marked by a line drawn
from thatpart of the north branch of Savannah River, known by the name of Keowee, which fhall be interfered by aline, running northeaft from the Okunna Moun tain, thence in the fame direction to Tugalo River, from thence on a direct' line to the top of the Cunokee 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.
2. And.be it further enabled by the authority aforefaid, That two counties fhall be TWO counties laid out, and annexed in the form and manner following, that is to fay, beginning at Bpundadesof Savannah River where the weft line of Wilkes county ftrikes the fame, thence along
the faid line to the Cherokee corner, from thence ofi 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 land included within the aforefaid lines fhall be a county and known by the name of " Franklin." Aniofwwh. The fecond' county mall be bounded by a line' beginning at the Oconee River, *>0n> 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 Draft of land included within the

LAND ACTS.

'

331

aforefaid lines, fliall be a county and known by the name of 4{ Wafhingtoti."

3. And be it further enacled by the authority aforefaid^ That any perfon or perfons P^^V-

defrrous of making application for lands in the aforefaid counties, (hall prove his, her, Ifj^TM^,,.

or their rights,, either before the governor and council for .the, time,being, or .one af-forejhl ROV-

fiftant judge and twojuftices of die county where fuch perfon or perfons reiide;., and ap^-^^t

certificate thereof under the hands of fuch juftices, or proof before the governor .and^i^^'Jw

council as aforefaid, fliall entitle the perfon or perfons Jo applying to a warrant for his, they i^

her, or their rights, proved as aforefaid, fo as the fame ihall not exceed one thoufand Nopcrs0nenti-

acres to any one perfon whatfpever. ,And the governor and, council are hereby re "^TM['TMu"

quefted and empowered to proceed in the manner herein after directed for grant-TM1 c '

ing the fame, and lo keep a book of entries, and enter therein the names of fuch per

fons as may apply for warrants, and alfo the date and number of each warrant, by

them granted, which fliall be located, to fome particular coiinty. And when it fliall ^mnts^e

fo'happen that two or more perfons apply to a furveyor, to furvey one and the fame mng toe'num-

traft of land; then and in that cafe the faid furveyor fliall decide and give the prefer- '"'

ence to the perfon whofe warrant is firft numbered.

.,

*

4. And be it further enacledjiy the authority aforefaid, That every citizen, of this citlMnBOftIlis

ftate, or of any other of the United States, that (hall come with an intent to fettle, and ScS'sutS,

form" one aclual refidence in this ftate, fliall be entitled to a warrant of furvey, for any ena'Stowar.

quantity of unlocated lands within ; the aforefaid counties in manner afore-ding"TMthou-

mentioned, fo as the fame fliall not exceed:O;ne thoufand acres to any one perfon what- b

foever. Provided^ That fuch perfon or perfons, have not; already taken- up his,.her, F^TM?,^ nol

ortheir head rights, agreeable to an ,al; for opening the land-office, paffed the f&ven-^?TM^""!1

teenth day of February, one thoufand feven hundred and eighty-three ; and fliall pay S&ccstobe

the fees of office at the time of applying for fuch warrant or warrants.



* pa!d '

5. And be itfurther enaEled by the authority .aforefaid, That he, flie or they, fo ap-perfonssoar>-

plying fliall pay for each and every acre granted as aforefaid, the fum of three * fliil- ^Ly'^elu-

lings in gold or filyer, that is to fay, in Mexican or Spanifh milled dollars, at four R^oTsm-leV*

{hillings and eightpence each, and half Joannes, at thirty-feven, {hillings 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 expira

tion of -three years: Providcd-alfo, That each and every perfon {hall, before obtain- P1.OT.M .

ing fuch grant as aforefaid, give bond to the governor of the ftate for the time being, ^|>f

and his fucceffors in office, for the confederation herein .particularly fpecified, and TMn4h.el"ld'

mortgage upon the land fo granted; and upon full payment and difcharge of the

fpecific confideration as aforefaid, each and every perfon fliall have his, her or their

bond and mortgage delivered up, and fatisfa&ion entered thereon for the fame.

6. And beit further ena&ed by the authority aforefaid, That any perfon producing Exemptcd

a certificate from under the hands of two jufticqs of the county in which he or flie fromtyacxa-

has fo refided, that he or flie has actually lived on the faid land fo granted as afore-comiitk)n"tj'ra

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 fliall be exempted from taxation

for three years from the date of the warrant? Provided, fuch certificate be obtained Pr0viS,.

. -within .eighteen months from the time of the furyey of the faid land,

7. And be it further enatted by the authority aforefaid, That a county furveyor roimt

fliall be appointed! for each county, who (hall have the power of appointing' affiftant S^fs1"'

furveyors, not'exceeding.fix in number, ; in each county. And the faid county fu'r-TMTMfK'

yeyors are hereby requiredtp lay out and appoint a diftri6l for each and everv fuch *le'?u**>-

* See aft of 1785, feft. i, 2, 1

332

LAND ACTS.

*

afMant furveyor, who fnall be authorized to furvey within fuch diftrift only, and fhall

make his returns, to the county furveyor, who (hall keep a record thereof, and tranf-

irmestobertis- m <t the fame to the furveyor general, as the law directs.- And the faid furveyors are

rt&lTM"?' required, diftinctly to mark the lines round each and every trad which (hall be by

j!i!",8exclptna- them furveyed, and make at leaft two ftations on each line, except fuch lines are

truiersa,l _ bounda- markI edi iby naturali IboundIa' ries.

,

inhabitants ^' -dud whereas, the'General AJfembly of this ftate, in confequence of petitions

of virgin^, from fundry inhabitants of the ftate of Virginia, did, on the thirteenth day of Fe

bruary, in the year of our Lord one thouland feven hundred and eighty-three, order

that two hundred thoufand acres of land be referved to the ufe of the faid petitioners,,

which land was 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 confonant to

juftice that they be permitted, and they are hereby authorized to fix omthe county and

... place wherein they would fettle. Be it therefore enaffed by the authority aforefaid, That '

shHlivVr ^ucn f tne ^a '^ petitioners as perfonally apply in the manner herein before pointed

inQTMriifteen out' fti all*be entitled to a warrant of referve for fifteen months from the palling of

Butmmtreside tn*s a ^' ^ ut ^ at'or before the expiration of that time, fuch perfon or perfbns fhall

vat^the^me'" aot actually become refidents of this ftate, and remove their families, and fettle and

to beevoid!ranl cultivate their lands, agreeable to the terms pointed out by this act, then and in that

cafe, the faid warrant fhall become null and void, and the faid land revert to the

ftate, and be granted to any perfon or perfons applying for and entitled to the fame.

Appeals to the 9' And, ^ e it further enabled by the authority afarefaid, That all perfons who have

lM"di"aiTot- caveats depending in manner pointed out by the laft land act, paffed at Savannah the

'fofcTveSfsn feventeenth day of February, in the year of our Lord' one thoufand feven hundred

eeSns!""' and eighty-three, or fuch as hereafter may have any caveats arifing under and by

III

virtue of the faid land act, ihalkbe at liberty to appeal from the decilion pointed out

by the fame, to the governor and executive council.* And alfo, That all caveats

reflecting the granting of lands under this act, fhall be entered in a book kept for

that purpofe, by the fecretary of the executive council, and tried before his honor the

governor, or the prefident of the council for the time being, in council, who are

hereby required and empowered to proceed to decide fuch caveats in manner and

form as they think moft conducive to iuftice; and from their decifion there '{hall be

Dfinescii.sion to be no appeal,. J

J

;

The landslying 1 0- -And be itfurther enabled ly the authority ofarefaid, That all the lands between

norSdscmth the north and fouthfork of the Oconee, up to the prefent temporary line, be referv-

c0o*e?up\eo" ed t the term of twelve months, for the officers, feamen and foldiers who are entitled

vSi'lwdv'fr~ to land in this ftate, by any refolve of congrefs, or acl or refolve of this ftate, refu-

SerMMm'TM gees and other militia excepted. And that the fame lands, according to the propor-

p"ym0OTteofoption allowed to fuch officers, feamen or foldiers, and entitled to the fame, be fully,

freely and abfolutely granted to them, and every of them, - their heirs and affigns,

forever, on application for that purpofe, without any reuriUon or encumbrance (of

fice fees excepted,) or neceffary qualification in regard to cultivation, any thing here-

in contained to the contrary notwithstanding: .Provided, fuch officers, foldiers or

feamen fiiall not, by virtue of his bounty, take lands in any other part of the afore

faid counties.

n. And whereas^ the encouragement of religion and learning is an object of great

importance to any community, and mult tend to the'profperity, happinefs and ad-

* The governor alone decides on appeals, by al of 1789, fe&. 2. J See aft of 1785, fe'a..io.

..LAND ACTS.

33a

vantage of the fame: 'Be it therefore enacted by the authority aforefaid, That the^^f

county furveyors, immediately after paffing of this aft, fhall proceed to lay out in|^|]SiV each county, twenty thoufand acres of- land of the firft quality, in feparate trafts of mentofaWr

five thoufand acres each, for the endowment of a college or feminary of learning,

and which faid lands fhall be vefted in and granted in truft to his honor the governor

for the-time being. And John Houfton, James Haberfham, William Few, Jofeph Andvtna Clay, Abraham Baldwin, William Houfton and Nathan Brownfon, efqrs. and their tce:lin r"4"

fucce'ffors in office, who are hereby nominated and appointed truftees for the faid

college or feminary of learning, and empowered to do all fuch things as to them

fhall appear requifite and neceffary, to forward the eftablifhment and progrefs of the

fame; and all vacancies fhall be filled up by the faid truftees. And the faid county

furveyors fhall, in fix months after paffing of this aft, make return to the truftees

herein before mentioned, f regular plats of all fuch trafts as he fhall have laid out

and furveyed by virtue of this aft. 12,'And.be it further enacted by the authority aforefaid, That the land granted as*^,^^

aforefaid, fhall be exempted from taxes. 13. And be it further enacted by the. authority aforefaid, That if any citizen of any ^tAS^may

other of the United States, fhall apply to the juftices as aforefaid, or to the governor wl'mntffw'

and executive council for the time being, and produce to them fufficient evidence of his, twi ^'"<"""'

her or their honefty and fidelity ; and alfo take an oath that it is his,-her, or their inten

tion to remove and become an inhabitant ofthis ftate; andthefaidjuftices decertify the fame, then and in that cafe, his honor the governor and council are hereby authorized

to grant fuch perfonor perfons, fo applying, a warrant of furvey, for any quantity of

land not above one thoufand acres, on referve for twelve months : Provided never! he- Vfc,vl-ifli

lefs, and it is hereby enacted, That if it fhall fo happen, that any citizen who may

have obtained fuch warrant of referve, and doth not aftually fettle and cultivate the

fame within the ti-aie before mentioned, according to the true intent and meaning of

this aft, the faid warrant fhall be, and the fame is hereby made null and void, and the

faid land fhall revert to the ftate.

; .,

14. And be it further enacted by the authority aforefaid, That all the officers and fol- ^T^fi"" 5'' diers, all the officers and mariners of the navy, officers of the medical department, re- Jyhecmn0ti?sli"

fugees and citizens, who are entitled to land in this ftate, as bounties for their fervices Si^'tax'in manner as above mentioned, fhall be entitled to have included in their grants"' an additional quantity of fifteen .acres to each hundred acres, in full for and in lieu of any exemption of taxes. And every aft, and claufe of an aft allowing fuch exemption from taxation fhall be, and the fame is hereby repealed and declared null

and void, any thing to the contrary hereof notwithftanding.

"'- -1-5. And be it further enacted by the authority aforefaid, That a land court fhall be.

opened at Augufta on the firft Tuefday in April next, by his honor the governor or

the honorable the prefident with any three or more of the executive council, for the with three o*

purpofe

of granting

out lands

under

and

by

virtue

ofthis

aft

:

which

faid

couit

(to

be

more of the council, to o-

compofed

of his

honor

the

governor,

or

the

honorable

the

prefident,

with

any

three penalancla.utt at Augusta, to

orlnoreof the

executive

council

as

aforefaid)

fhall

continue

fitting

from

the

faid

gunt lands.
firft

Tuefday in April, for and during the fpace of three months, thence next enfuino- on every Monday, Tuefday, and Wednefday of each week in the faid term, for the pur

pofe of granting lands, and figning grants ; and on every Thurfday and Friday of

each week in the faid term, for the purpofe of hearing caveats under this aft. , And

it mall and may be lawful for his honor the governor, the honorable the prefident, *<i try caveat.

--,,-----

w fc

"

r

'? uiidst this aft,

334

- LAND ACTS.

'

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 council holding a

land court, the other fhall be at Savannah with a conftitutional number of the coun

cil, holding and exerciling all the other executive powers of government: Provided'

pfoviso. neverthelefs, That nothing herein contained fhall extend, or be conftrued to excufe

both the governor and prefident, with all the members of the executive council, from

attending and being prefent, when and where the legiflature mall next meet, nor from t

remaining at fuch place during the feifion of the faid legiflature purfuant to the con-

ftitution.

SyJgngTMnrt9 i@- And, be itfurther enacled by the authority aforefaid, That his honor the govern-

EaYyu,3esJc. or be requefted to fign grants for all furveys of lands that are or may be le-

ment.utsettle" gaily made within the late temporary line, any requifition ta cultivate* the fame,

or law or cuflom to the contrary notwithstanding : Provided only, That fuch perfon

or perfpns as may apply for the fame actually refide within this ftate.

Refugeesand */ And be it enabled, That all refugees and citizens of this ftate, who, arc

suteeent?tfiS'to by any aft or refolve of this ftate entitled to land as a bounty, and fhall choofe to

bounties. ia\ie the fame in either of the afoiefaid counties, on obtaining the warrant and furvey

thereof, and paying,the office fees, fhall be entitled to a grant, without any refine,-

tions whatfoever.

Repealing

18. And be itfurther enabled by the authority afore.faid, That every part of any aft

ewes, already paffed,in any wife contrary to the true intent and meaning of this aft, fhall bq

and the fame is hereby repealed,

By order of the Houfe.

JAMES HABERSHAM, Speaker,

Savannah, February 25, 1784.

* Again required by aft of 1785, fed. ,

An'aSi to amend and alter fome parts, and repeal other parts, of the feveral land als in thisjlate,
preamble "^"IT 7" HERE AS it hath becpme neceffary to make fome alterations in the feveral VV land afts of this ftate: i. Me it therefore^enatted by the representatives of thefreewen of theftate of Georgia in
iiHi^i'to G enera l AJJemUy met, and by the authority of thefame, That from and after the paffing begrinted." of this aft, all fuch lands as remain unfurveyed, or not taken up by fome perfon or
perfons under a lawful-warrant for that purpofe, in the counties of Wafhington and > Franklin, fhall be, and the fame is hereby declared to be put upon die following footing, that is to fay, the faid lands fhall be granted out tp any perfon'or perfons ap plying for the fame, in the lik^e manner, by the like rights, and under the like reftrictions as are pointed out for difpofing qf lands, under the land aft, paffed the feventeenth day of February, one thoufand feven hundred and eighty-three, and the fupplemental aft thereto, palled on the firft day pf Auguft, in the year of our Lord one thoufand feven hupdred and eighty-three, except only, that the perfon or perfons ' applying for and obtaining fuch lands, as far as the quantity of one thoufand acres, fhall not be liable or obliged to pay any purchafe money or confederation for the fame, office fees only expcpted: Provided notwithflancting, That for alllands hereto-,

LAND ACTS.

335

fore furveyed by virtue of an aft, entitled " An aft for opening the land-office, and SiJ"'"^

for other purpofes therein mentioned," the owner thereof fhall pay the valuation oFcyoi'

faid lands, agreeable to faid afts. 2. And be it further enacted by 'the authority aforefaid, That all other vacant lands ffi^0"1'

in the counties of Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn,fTMnnctc^n1^

and Camden, fhall be, and the fame are hereby direfted to be granted out in the fame

manner as before mentioned, in refpeft. to the faid counties of Wafhington and Frank

lin, that is to fay, on the head-rights, gratuitoufly, as far as the quantity fixed by

law, and without any purchafe'money or confideration for the fame: Provided alfo, fmvk0.

That fuch perfons fo applying fhall take the fallowing oath or affirmation: " I, A. B. ||ea'S

do folemnly and fincerely fwear (or affirm, as the cafe may be,) that the head rights 1' 0"* 11*"" 1

delivered in by me are juft and true, and that I have not, nor hath any perfon for me

or in my name, taken up or located the head right or head rights of my family, now

applied for, either in this or any other county within this ftate; nor have I, or

any other perfon for me, difpofed or fold the fame, fo as the head rights of my fa

mily may be illegally obtained." 3. And be it further enatted, That any time hereafter, if any perfon or peiTonspcTMnS convu>

convicted of having afted contrary to the above oath, after having taken the fame, ^f^|J|J'e

exclufive of the pains and penalties annexed to perjury, fhall forfeit thejand fo frau- 'l^y^'yj

dulently obtained, and the fame fhall be from thence confidered as revefted in the p>inishment-

itate; and that no perfon applying fhall obtain any warrant, furvey or grant, unlefs WarramSiVI,on

for himfelf or themfelvcs, or for his, her or their own family or families; and that {lo^X'gnui-

any perfon or perfons, who fhall obtain lands under and by virtue of this aft, fhall, ted<

in eighteen months thereafter, fettle on and cultivate three acres for every hundred

acres of the fame, and in cafe of non-compliance, he, flie or they, fhall be fubjeft to

treble tax for faid lands.

,

4. And be it further enabled by the authority aforefaid, That the i uftices of the peace tami courts to

lror thI e counties ofr W T-rrainhm eton andi r,-r. ankili-in mn aiili, in rruture, frorm a li andi court, bWeahsehlidnginton & and, mn al1l1 grant , lan,d, try cav-eats, and, otherwi.fre proceedi i n thi e frame manner as thi e tFhreanokthlienr,caosuuin-

juftices do in other counties of this ftate; and fhall in all rcfpefts have the fame pow

ers committed to them over the county furveyors, and others concerned in the land

bufinefs, as the faid other juftices have.

5. And be it further enabled by the authority aforefaid, That in cafe any furvevs 1 hav1 e been madi e', or grants obi tainedi fi>or any 1 land1 s ly1 ing-o1 r b- eing wi.t,hout o' r ,beyon/d A^ll su^ rveys^and

the lines of fome one of the counties of this ftate already laid out; all and every fuch TMuntyf *mue

furvey or grant fhall be confidered as fraudulent, and the fame is hereby declared null andvoid-

and void ; and the perfon or perfons making fuch furveys, or obtaining fuch grants, offenders,how fhall be profecuted and punifhed agreeable to the eleventh feftioto of the land aft, paf-tedbepri)SCCU"

fed on the feventeenth day of February, in the year of our Lord one thoufand feven N" 8rda"tmts 't"hebe

hundred and eighty-three. No grants fhall be figned till the furvey has been adverti-

fed by the furveyor of the county, at leaft three'months after they have been recorded TM^f

by the.faid county furveyor; and that the furveyor be allowed one milling and """^

pence for every fuch advertifement, to be paid by the grantee. .

6. And be it enatted, That where it fhall appear that any furveyor has

run acrofs another's line, or furveyed land, before furveyed, the la ft mentioned furvey i'rV%|,?i

fhall be deemed null and void, and fuch furveyor liable to a find of fifty pounds for dfKtey"

every offence to be recovered by aftion of debt, in the fuperibr court of the county ^|TMf

where the faid lands ihail lie, one half whereof fhall go to the party who fhall inform ^H'L^

and fue for the fame, and the other half to be paid into the public treafury. All grants pl|f ^

LAND ACTS.

when regiftercd in the books of the county furveyors * agreeable to law, fliall be

regiftcred, not only in the name of the perfon to whom it is granted, but alfo in the

name of the perfon who then holds the fame ; and unlefs it is fo regiftered in the books

of the county furveyor, within one year after paffing the grant, it fhall be deemed va

cant land, and be liable to be furveyed- by any perfon who fliall apply for the fame;

and every county furveyor who fhall fail to regifter fuch grant within three months

after the fame is delivered into his office, fliall 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 negleQ.

wire there 7. And be il alfo enaSed, That in cafi* two grants fliall be given for one and the fame

tract of land, each of them obtained within the time allowed by law, that in fuch cafe the

theeoitet eldeft furvey fliall be deemed valid in law, in fo far as to entitle the party who made the

firft furvey loan action of damages againft the other, and the faid land fliall be fubjefcl

to an execution founded on any judgment in fuch fuit in preference to any other

which shall he encumbrance or claim whatfocver. Provided, the faid fuit be brought within five <

judgment, &C.

years Sucli suit must
be brought in

after

the

date

of

the

faid

furvey,

and

when

it

fliall

appear

by

fufricierit evidence

to five yeirs after
the date of

a

court

and jury,

that any

perfon

hath

obtained

a grant, the right of preference

said survev. to which lands was, at the time of obtaining the faid grant, by law vefted in any oth

er perfon, then and in that cafe, fuch perfon fo offending fhall forfeit and pay the in

jured party a fum equal to twice the value of the faid lands, or relinquifh the fame.

AVavrants re newed for six

8. And be it further enacted by the authority aforefaid, That all warrants already

months. granted, ftiall be, and the fame are hereby renewed for the term of fixt months inftead

PcrRortH claim- of three, as had been heretofore ufed, bounty warrants cxcepted: which fliall not be

!7] bounties, to lay their

out of date at any time before they are located.

vouchers hefore tile laud

g. And whereas, it is apprehended that great abufcs have happened in regard to

bounties: Be it therefore enabled by the authority aforefaid, That in future, all and

every perfon or perfons whatfoever, who conceive himfelf and themfelves entitled to

bounty, fhall lay his, or their vouchers or credentials, before the faid land court,

where they apply for the fame, who fhall, on a full confideration of all circumftances

one year ai- refpecting the petitioner, either grant or reject the application, as coming or not com

!nwsachciaiins ing within the fcope and intention of the feveral laws of this ftate for granting boun

i.ine between ties ; and no fur-veys of land due as bounties from this ftate fliall be allowed, unlefs

. taimd.SCCI"

! brought in and claimed within one year from and after the paffing this aQ. 10. And in order to afcertain and determine the line between the white people and

':"* 1 --*.

the Indians of this ftate, e it enabled by the authority aforejaid, That his honor the

governor, by and with the advice and confent of the executive council, fhall nomi

nate three fit and,difcreet perfons on the fide and in behalf of this ftate, and fhall fend

up to the Creek nation and invite them to appoint perfons on their fide, and in behalf

of their nation ; which faid commiffioners on both fides fhall, as foon as poffible meet,

and in conjunflion run the faid line, agreeable to treaty, and according to law, eri-

' de^voring to obtain for the white people, as large a compafs of ground as they can ;

Little River, ?he two forks

and in cafe the faid

commiffioners

extend the

faid

line

as

far as

the

branch

of

the

to be reserved for the conti

Oconee, called the Little River, that then the two forks of Oconee, the one made by

nental sol diery, &c.

Little River and the other by the branch next above the fame on the fouth fide of the

faid river Oconee, fhall be deemed a referve to make good the engagements to the

continental foldiery, and feamen and officers of the medical department of this ftate;

and qo furveys or grants, (except fuch as have been already made to the faid foldiery,

* Repealed by aft of 1786. See fee. 2. Extended to two years by a<5t of 1786, fee. 3.

LAND ACTS,

B37

feamen and officers of the medical department) within the faid forks fhall be held and confidered as good and valid, unlefsthe fame fhall appear to be agreeable to the terms

of this ad ; and after the faid line fhall be run as aforefaid, there fhall be one yearal- Whoshall ,,c

lowed to the faid foldiery and feamen, and officers of the medical department, to make.^*^

their furveys,and take out grants for their refpeaive bounties to which they are entitled Bl^Jg

wi.th.in..the lXai.d.r.iver.



&thce.ir furveys,

a. A nd be itfurther enabled by the authority aforefaid. That the furveyors of Warn- cmmtyn,^

ington and Franklin counties fhall be under the fame regulations as the furveyors of^TMTM"

the other counties within this ftate. 12. And be it further enatttd by tht authority, afortfaid, That the county furvey-
prs of each county are hereby authorized and required to afcertain and run their re fpeaive county lines, according to the conftitution and laws of this ftate, except fuch

as are already afcertained, theexpence whereof fhall be equally borne and difcharged

by the two counties whofe divifion line it is. JOSEPH HABERSHAM, Speaker*

Savannah, February 22, 1785.

An ati for the ratification of certain agreements made and entered into ly commiffion ers, appointed by the legi/latures of Georgia and Carolina, for the purpofe of fet tling certain difputes relative to boundary.

HEREAS, by an ordinance pafled by the legiflature of this ftate, commif-
(ioners were appointed and authorized to meet other commiflioners, fimilar!y appointed by the ftate of South-Carolina: And whereas, the faid commiflioners, or a majority of them from each ftate, were vefted with full powers to fettle all dif ferences, controversies, difputes and claims, which fubfifted between the two ftates, relative to boundary : And whereas, they, conformably to thofe powers, did, on the twenty-eighth day of April, in the year one thoufand feven hundred and eighty-feyen, in convention at Beaufort, in the ftate of South-Carolina, by certain inftru-
nients of writing to which the faid commiflioners interchangeably fet their hands and affixed their feals, make mutual conceffions and agreements for the purpofe aforefaid: Be it therefore enacted by the refrefentatives of the freemen of the ftate of Georgia, in
General Ajfcmbly met, and by the authority of the fame, That whatever was done by the faid commiflioners, or a majority of them as aforefaid, is hereby ratified, and fhall be confidered as binding upon the citizens of this ftate, any law to the contrary notwith Handing.

Augufta, Februarys 1788.

NATHAN BRO'WNSON,'S/ftj&%

An aft to prevent perfons from fettling 6r farveying any -part of the late cejfion of lands

.

between the rivers Alatam-aha and St. Mary's.

it is not proper that any of the late ceffion of land, between the preamble; Alatamaha and St. Mary's River, fhould be fettled or located at prefents
Uu

S3 8

LAND ACTS.

vcKerth" sur" % e it enabled by the representatives of the freemen of theftate of Georgia in General Stiyii'is'b"" Affembly met, and by the authority of the fame , Thai no perfon (hall prefume to furtSa'.'st.lil-vey or fettle on any land lying between the Alatamaha, and Oakmulgee and St. Ma-. XtfiRe'e^fvers, ry's Rivers, above the old Indian boundary line, being lands lately ceded to this ftate; mSton'o^the- and if any furvey fhall be made, kfliallbeof no effeft, and the perfon making fuch SfStone furvey fhall forfeit and pay the fum of one pound for every acre of land fo furveyed : -p*ouen.d for every A,,nd',a,ll warrants fcor irurveyi ng ilandis wi thi in thi e aibove iboundiaries, andin all gran'ts of,.
lands therein, are hereby declared void, null and of no effecl; and all fuch lands {hall ftill be deemed vacant land, and fhall .be liable to be furveyed as fuch, when the legiflature fhall give permiffion to locate the lands above mentioned: Provided, That nothing herein contained fhall extend to the counties of Glynn and Camden, the va cant lands of which may be furveyed as formerly.
And if any perfon fhall fettle on the faid lands before the legiflature fhall give per miffion to locate the fame, fuch fetdement {hall not give any right of pre-emption or preference whatever. wnnecemyto 2< A n& ie i( enatted by tlie authority aforefaid, That fo much of the late land law as requires all perfbns to regitter their grants in the office of the county furveyor., within twelve months from the date1 thereof, be and the fame is hereby repealed. ^"mu'ofd'ate 3* And be it enabled, That no warrant fhall ever be out of date, if furveyed withtar two years. fn two years from the date of faid warrant.
By order of the Houfe. WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.

A fu'pplcment to the feveral land laws of thisflats,
TiMEwemot i. "D E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of form'auartmane- JLJ Georgia in General Affembly met, That the governor be, and he is hereby gran'ts.p:issm8; empowered to direft the form and manner of paffing grants for land through the
fecretary of the ftate's office, any law, cuftom or ufage, to the contrary notwith{landing.
2. And be it further enaSed, That the governor be, and he is hereby vetted with !defer- 1 the powers of governor and executive council, under the late conftitution, fo far
as the faid powers extended to the hearing and determining on caveats and figning of grants.
q. And be it alfo enabled, That any three or more iuftices of the peace in their Tfinhdreceojuusrtti*ces rei,p?e,-c,h.ve counties, mn al1l1 ulre andi exercu <e the powers given to lrour julnti-ces andi an air-
fiftant juftice, by an aft entitled " An aft to repeal and amend fome part of an aft ?emcshaii08i n entitled, an aft for opening the land-office, paffed the firft day of Auguft, one thouthewarrants. rancj feven hundred and eighty-three." Provided, That the faid three or more juftices
{hall each of them fign all warrants for land by them granted. The beginning 4. And be it further enaffed, That no plat of any furvey mall hereafter be allowed cte^ysetfortii to pals the office of the furveyor general, or any county furveyor which does not county survey-clearly fet forth the beginning corner of fuch furvey, and no county furveyor fhall be t-.itwtoogtlhvoebuo-nd al, low'ed- to proceedi in thi e' diuties orrih-is omrrce, wi tihout nr- nnt gi ving ibondi andi approvedl sand pounds. i_ecuri.ty.i^ n the lrum orr two thior uiai nd pound1 s p1 ay1 able to the O govO ernor tor the 1t1ime be -

LAND ACTS.
ing and his fucceffbrs in office, for the faithful difcharge of the duties required of fuch county furveyor.
SEABORN JONES, Speaker of the Houfe of Reprefenkatives. NATHAN BROWNSON, Prefident oj the Senate. Concurred, December 23, 1789. EDWARD TELFAIR, Governor*

An aft to vtff- certain powers in his excellency the governor, to prevent alufes in perfons purveying lands already granted, and lands furveyed not within the limits of any coun ty, defer ibe'd by law, and for other purpofes,

i. "O E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of

JD Georgia in General Ajjembly met, That his excellency the governor be, and Tiiegovernor

he is hereby required on the information of any perlbn or perfons on oath, letting Si^o'preforth, th, at any furvey or fi-urveys ofc ilandi wi thi in thi is ir>tate Thave ibeen iMltlegal11ly madJe, vsuernvteaybiunsges in

and contrary to the laws thereof, that then, and in that cafe, he ftay all proceedings

on all fuch furvey or furveys, and that he notify in the public gazette, for fixty days,

requiring the party or parties to appear before him at the executive chamber, there

to be examined on the premifes, on oath, and to judge and determine according to

law, and the opinion he may entertain of the evidence, and on fuch determination,

either to annul and render void, the faid proceedings had on fuch furvey or furveys,

or fully to carry into effet\ by granting of the fame, any law to the contrary not-

withftanding.

2. And be it ena&ed by the authority aforefaid, That no county furveyor or his on what war-

deputy mail, .after the paffing of this aft, admeafure or furvey to any perfon or ""tomkkcTM"

perfons pofleffed of, or holding a warrant iffued prior to the tenth day of December

inftant, except fuch warrant fhall appear to be the head rights or bounties of the pof-

feffor, founded on the laws of this ftate; and the juftices within the feveral counties,

holding land courts, are hereby exprefsly forbid to make any renewal of transferred w.want"nott

warrants \vhatibever, any law to the contrary notwithftanding.

erenew e .

THOMAS NAPIER,' Speaker of the Houfe of Reprefentatives.

BEMJAMIN TALIAFERRO, Prefident of the Senate.

GEORGE MATHEWS, Governor.

December 25, 1794.

An aclfor preventing controverjies concerning the bounds of land, and for procejioning the fame.
i-T>EIT ENACTED by the Senate and Houfe of Reprefentatives oftheflateofnmr>nc^ -O Georgia in General A/embly met, and by the authority of the fame, That once in'nomtatedw
every ten years, the bounds of every perfon's land fhall be proceffioned or gone dtoia.rapany round, and the land marks renewed in manner following, that is to fay, it fhall be the duty of every captain or commanding officer in each militia company diitriQ; through out this ftate, at their refpeaive company mufters, after the firft day of June next, to hold an cleft ion'for three perfons, w,ho (hall be appointed proceffioners of land

340

LAND ACTS.

Tiicu-duty. for each d i ft rift; an j a]j ancj every perfon in this ftate are hereby required, to pro

ceffion and go round their refpeftive trafts of land, in manner and form as is here-,

after pointed out by this aft, that is to fay, wherever two perfons' lines join, they

are direfted and required to meet and chop, or plainly mark the fame, with one or

more perfons difinterefted, to fee that they do not difagree refpeftirig the land marks,

and make new line trees; but whenever a difpute fhall arife about fuch line, the com-'

miffioners or proceffioners appointed as aforefaid, fhall come forward with the coun~

ty furveyor, to affift in afcertaining and determining the true line between the parties^

and mark out the fame, each commiffioner receiving for fuch fervice one dollar per

day, and the furveyor two dollars per day, which fhall be paid equally by the parties,

disagreeing as aforefaid; and where one of the parties concerned, or his agent or re-

prefentative, after being duly fummoned fixty days before the day for proceffioning

the fame, fhall fail or refufe to attend, it fhall and may be lawful for the other party

to call on the proceffioners, who, fhall then proceed to. mark out the line, at the ex-.

pence of the party refufing ar failing to attend as aforefaid.'

Ssfosne0ciTnpro" 2. And be it further enacted, That all lands throughout this ftate flia.ll be procef-.

S'evrethenpVn- fioned or gone round, in manner and form as painted out by this aft, in twelve *lteyd-do-l"laerxs,,':"v'months from and after the firft day of June next, under the penalty of one hundred

dollars for the omiffion or refufal of every perfon or perfons fo refufing, one half

to go to the informer, and the other to county ufes, to be recovered by bill, plaint or

information, in any court having cognizance thereof.

Repesling clause,

3. And be it further enacted^ That all laws paffed for. this purpofe be, and the fame,

are hereby repealed.

DAVID MERIWE.THER, Speaker of the Houfe of Reprefentatives,.

DAVID EMANUEL, Prefzdent of the Senate,'

Affented to February 2, 1798.

JAMES JACKSON,, Governor,..

to remfe a-nd amend " An aftfor preventing controversies concerning the bound's, of land, and for flroccj/zoning thefame."

E-IT ENACTED- by the Senate andH'oufeof'Reprefentativesoftheflate of Geor

rties fo-f pro

gia in General Affembly met, and'by the authority of the fame, Tha.t the. time-

sioningids, ni(?,intt

allowed

for pro.ceffioning

lands by an aft,

entitled

" An aft

for

preventing controver-

extended. fies concerning the bounds of land and for proceffioning the fame," paffed at Lou-

ifville the fecond day of February, one thoufand feven hundred and ninety-eight,,

fhall be and the fame is. hereby extended to the firft day of July in the year of our,

Lord eight hundred; and any perfon failing to proceffion and new mark the true-

lines of their land in manner therein pointed out, lhall be fubjeft to the fines and pen

alties therein mentioned.

Any person !n-. 2.. And be it further enabled ly the authority, afore/aid, That "whenever any perfon; in

tecuiing to ceffsion his

pro'

tends

to

proceifjon his

lands

which

adjoin^lands belonging

to

any other

perfon

or

per

lands must give

ten days'notice to tho^e con-

fons,

who

may

refi.de

in

the

county

in

which

the

lands

lie;

then

and

in

that

cafe,,

fcrned, if in t)ie comity

written notice {hall be given to fuch perfon or perfons at leaft ten days before, that,

he will on a day fpecified in the notice proceed to proceffion the lands adjoining fuch,

and if the perfon fo notified fh.all, fail.t.o attend at the, time, appointed, then the:

LAND ACTS.

84*

oppofite party may in prefence of the neighbors, or inhabitants contiguous to the

land, go round and new mark his tree lines, which mall be confidcred on his part as

fully complying with the before recited aft. 3. And be it further enaBed, That whenever any perfons own lands in this ftate, w mt of ti^

adjoining land of another who refides out of the county in which the lands may bemu|||ra

intended to be proceffioned,.then and in fuch cafe notice fhall be given by advertife-= !*

merit in o.ne of the public gazettes of this ftate, that he will on a day therein mentioned,

proceed to proceflion his own lands as herein before directed, which fhall be publifhed

at leaft fix months, previous to the time appointed for proceflioning the lands, and the

expence of advertising fhall be paid by the owner or owners of the land to be noti

fied.

.

^

4. And be itfurther enatted, That any perfon or perfons may as agent or attorney Aj,entsms?

for the owner of any lands to be proceffioned, on producing a part or parts, and grant K?5skm

or grants thereof, proceed to proceffion the fame, for and in behalf of the proprie

tors, in like manner as if they were themfelves prefent, and had done the fame.

5. And be itfurther enaBed,^ That whenever the lines of lands are difputed, and ^g1/^adtis-

are refurveyed as direfted by the before recited aft, that then and in every fuch cafe, on?!>yct]Tea Sr. a. plat of fuch lands be made out by the county furveyor or his legal deputy, and cer- coE"niS~

tified by him, and the proceffioners of the diftrift, and fhall be by faid furveyor re- office>

cordedjn his office. Provided, That nothing in this aft contained, fhall extend, or Proviso, be conftrued to extend to affeft the trafts of land fold under, the confifcation aft,

where the plats fhall not appear of record in the furveyor generals office, fo as to give a preference of title for want of proceffioning. And provided alfo, That where plats proviso.

for lands, granted or furveyed for any perfon or perfons, prior to the fourth day of July one thoufand feven hundred and feventy-fix, fhall not appear of record in the furveyor generals office, and the lofs of the original plat fhall be fatisfaftorily proven

to the proceffioners by the perfon holding or claiming any traft or trafts of land as a-

forefaid, the faid proceffioners fhall proceed to proceffion from the befl evidence in their power to obtain.
6. And be itfurther enaffcd, That returns of the eleftors of all proceffioners here- ^"ofp?^-"

tofore or hereafter to be made, and fhall be depofited of record in the clerks office STnth" be fw of the fuperior court, in the county wherein they fhall or may be fo appointed; and cteksc(ri<:?

where any vacancy fhall happen in the appointment of proceffioners, either by death, refignation, removal out of thediftrifts, or otherwife, fuch vacancy fhall be filled in

manner pointed out by the faid recited aft, and return thereof made as herein before direfted.

DAVID MERIWETHER, Speaker of the Houfe of Rcprcfcntatives*
ROBERT WALTQN, Prejidcniofthc Senate. Affented to February 18, 1799.

( JAMES JACKSON, Governor.

***

to add a number of plats? collcftedfy thefecntary ofjlate,. to the furveyor ge

nerals office.

-.

***

HERE AS the fecretary of ftate hath produced a book, wherein he hath co pied fix hundred and fixty-four plats from the originals, found ainongflloofe

342

LITERATURE AND GENIUS.

papers in his office, which have been examined by the furveyor general, and by him certified to be accurately copied from the faid originals, and it is proper that all fuch
old plats as have been loft or deltroyed during the late war, fhould be replaced when-
witscoiieaed ever opportunity offers: Be it therefore enacted by the Senate and Houfe of Re/refenry,addedcfou~ tatives of t/iejlate of Georgia in General AJJembly met, That the faid fix hundred
^nSsoffice. and fixty-four plats or furveysbe, and the fame are hereby attached to the office of
furveyor general, and are hereby declared to conftitute a part of the records of that
office.
DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives, DAVID EMANUEL, President of the Senate. Affented to February 2d, 1798. JAMES JACKSON, Governor.

LITERATURE AND GENIUS.

An aclfor the encouragement of literature and genius.

i. T7C 7HEREAS the principles of natural equity and iuftice require, that every
\VI\VJ autihor mn oulu d befler curj ed- inithe recei vi ng thi e profrits thi at may an-tre frrom

the fale of his works, and fuch fecurity may encourage men of learning and genius

to publifh their writings, which may do honor to their country and fervice to man-

kind: Be it enacted by the re-prefentatives of the freemen of the Jlate of Georgia, in Ge-

&. givtofan neral Affemblymet, and by the authority of the fame. That the author of any book or efoxuclrhuKsisvaemreigfohrt Pani P"lMet notJyet p' rm. ted/, or of any 'maJp or cihart, ibei ng an i nihabi i tant or reurdient

in thefe United States, and his heirs and affigns, (hall have the fole liberty of print

ing, publifhing and vending the fame within this ftate, for the term of fourteen years,

to commence from the firft day of its firft publication in this ftate. And if any per-

fon or perfons, within the faid term of fourteen years, fhall prefume to print or re

print any book, pamphlet, map or chart, within this ftate, or to import.or introduce

into this ftate for fale any copies thereof, reprinted beyond the limits of this ftate, or

fhall knowingly publiih, vend, and utter or diftribute the fame, without the confent

of the proprietor thereof in writing, figned in the prefence of two credible witneffes,

every fuch perfon or perfons fhall forfeit and pay to the proprietor of fuch book, pam

phlet, map or chart, double the value of all the copies thereof fo printed, imported,

distributed, vended or expofed for fale, to be recovered by fuch proprietor in due courfe

^ ,.,,,, of law: Provided neverthelefs, That no author, aflignee or proprietor of any fuch

the%"thl)er*r book,. pamphlet, map or chart, fliall be entitled to take the benefit of this ftatute,

theptmetrovbh until he fhall duly regifter his name as author, aflignee or proprietor, with the title

KcretL'ryTM"16 thereof, in the office of the fecretary of the ftate, who is hereby empowered and di-

officc

reeled to enter the fame on record. <

if tiw author is 2t And, be it further enafted, by the authority aforefaid, That at the expiration of

"ndo8f fourteen the faid term of fourteen years, in the cafes above mentioned, the fole right of print-

K.'ic'.im-c ing and difpoling of fuch book, pamphlet, map or chart, in this ftate, ihall return

tofoOTteen11' to the author thereof, if then living, and his heirs and affigns for the term of four-

yearn>ore. ^&n years more, to commence at the end of the faid firft term; and that all and eve

ry perfoa or perfons who fliall reprint, import, vend, utter or diftribute in this (late.

LITERATURE AND GENIUS.

any copies thereof, without the confent of fuch proprietor obtained as aforefaid, du~

ring the faid fecond term of fourteen years, mail be liable to the fame penalties, re

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

g. And whereas, it is equally neceffary for the encouragement of learning, that proprietorsto

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

Be it further enacted, That when any fuch. author or proprietor of fuch book, pam- aSmST

phlet, map or chart, {hall negleft to furnifh the public with fufficient editions there- ||^'0;|=u> of, or fhall fell the fame at a price' unreasonable, and beyond what may be adjudged pior court!

a fufficient compenfation < for his labor, time, expence and rifk of fale, the chief

juftice of the ftate^ on complaint thereof made to hnn'in writing, is hereby authori

zed and empowered to fummon fuch author or proprietor to appear before the next

iuperior court, to be holden in the county where fuch author or proprietor dwells, if

a refident of this ftate, 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 lame be found true, to take fuflicient fecurity of fuch author or

proprietor, conditioned that he fhall, within fuch reafonable time as faid court fhall

direft, publifh and offer for fale, in this ftate, a fufficient number of copies of fuch

book, pamphlet, map or chart, at fuch reafonable price as fuch court fhall, on due

confideration, affix; and if fuch author or proprietor fhall before faid court, negleft.

or refufe to give fuch fecurity as aforefaid, .the faid court is hereby authorized and

empowered to give fuch complainant a'full and ample licenfe to reprint and publifh

fuch book, pamphlet, map or chart, in fuch numbers and fpr fuch term as faid court {hall judge juft and reafonable: Provided, fuch complainant fhall give fufficient fe

curity before faid court, to afford faid reprinted edition at fuch reafonable price as faid court mail thereto affix.

4. And be it further enacted That any perfon who fhall procure and print any un-Persons, print.

publifhed manufcript, without the confent and approbation of the author or propri- "SpStoS etor thereof, firft had and obtained, if fuch author or proprietor be living and refi- the author, H-

dent in, or inhabitant of this, or any other of the United States, fhall be liable to fuffer " 0 "u"ae8' and pay to the faid author or proprietor, his juft damages for fuch injury, to here-

covered by aftion brought on this ftatute in any court of law in this ftate, proper to

try-the fame. .Provided always, That nothing in this aft fhall extend to affeft, 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 not mentioned in

this aft, or fcreen from legal punifhment, any perfon or perfoas who may be guilty

of printing or publifhing any .book, pamphlet, or paper that may be profane,

treafonable, defamatory, or injurious to government, morals, or religion. Provided

alfo, That this aft fhall not extend, or be confirmed to extend in favor, or for the

benefit of any author or perfon refiding in, or inhabitant of any other of the United States, until the ftate or ftates in which fuch perfon or perfons refide or dwell, fhall

have paffed fimilar laws, in favor of the authors, of new publications, and their heirs and afligns. ' ,

By order of the Houfe.

Augufta, February 3, 1-786.

WILLIAM GIBBONS, Speaker. ;

S44



LAZARETTO.

An act to empower the commiffioners therein named, to purchafe from Jofiah Tatnall', ef^ his executors or adminiftrators, one hundred and four acres of land, for the fiurpofe of erecting a lazaretto upon Tybee I/land*

jTeambh. 1. T 7" HERE AS the frequent importation of cargoes of flaves into this province,

V V renders it neceffary to have fome buildings creeled in a convenient and fafe

place, where fuch Haves can be landed, and in cafe of diftempers being among them,

be properly lodged and attended. And whereas the general affembly of this province

have thought the wefternmoft point of;Tybee Ifland, and within the creek, a proper

place for that purpofe, which land is the property of Jofiah Tatnall, efq. Be it there-

ne hundred &/o"<? ena&cd. That immediately from and after the patting of this at, it {hall and may

So,?Tybfee be lawful for the commiffioners hereinafter named, or any three of them, to accept

?urehMMbr and take from Jofiah Tatnall* efq. his executors or adminiftrators, a fit deed of con-

-ttiaz"re?t'S&c. veyan.ce in the law, by him or them to be duly .executed, whereby to veft in them the

faid commiffioners, and the furvivors or furvivor. of them, and the heirs of fuch fur-

vivor, in truft to and for the ufe of the. public of this province forever, one hun

dred and four acres of land, fituate and being upon the ifland of Tybee, in the faid

province, and being the wefternmoft point of the faid ifland, and for the purpofe of

vested in com. erefting a lazaretto, and other buildings; and of: which premifes the faid commiffion-

pubiicS.foir ersJ arj d tne furvivors of them, and the heirs of fuch furvivor, fhall Hand feized for

the ufe of the public of this province as afore.faid, and upon receipt of fuch deed or

conveyance, to pay to the faid Jofiah Tatnall, his executors, adminiftrators or af-

figns, the furn of feventy pounds, lawful money of the faid province, for the pur-

chafe thereof, which fum of feventy pounds the treasurer is hereby direcled and em

powered to pay to the faid commiffioners, or any three of them, out of the produce

of the tax for the prefent year. ,'-;-.

Commissionersi 2. And be it further enacted, That the honorable Noble Jones, Grey Elliot, and nominated. Alexander Wyly, efqrs, and Jofeph Gibbons and John Smith, efqrs. be, and they

are hereby nominated and appointed commiffioners for executing and putting in

force this aft, according to the true intent and meaning thereof.

ALEXANDER WYLY, Speaker.

:

JAMES HABERSHAM, Prefident.

JAMES WRIGHT. :

March 26, 1767.

LIGHT HOUSE.
An act to empower thejenators, or onefenator and two reprefentatives from thisjlatejn the congrefs of the United States, tofign,feal and deliver a deed ofcefjion, of the light houf& on Tybee I/land, and five acres of land belonging thereto, to the United States.
1
rgi,'eehwandn 1 T^ ^ ENACTED by the Senate and Houfe of Reprefentatives of the ftate of on'andvetaabee's -*~^ Georgia in General Afjembly met, That from and immediately after the palnttof s?tes u"^ n S oft]iis a6l, it fhall be lawful for the fenators of this ftate in the congrefs of the
United States, or for one of the faid fenators, with any two of the reprefentatives of this ftate, to the faid congrefs, to fign, feal, and deliver a deed of ceflion to the United
States, on behalf of this Hate, ofj in and to the famej and of five acres of land neareftj

.LUMBER.

345

adjoining, and belonging thereto, to hold the fame and every part thereof to the feid Prov:,0.

United States forever. Provided always, That the faid United States (hall keep the Tobl-k^i^

fame in proper repair, and (hall fupply the fame with the neceffary lights, .And pro- j^'*1* 8in"

vide'd alfo, That the afcl allowing threepence per ton for clearing and removing wrecks !'TM^fon,Eeo,

and other obftruftions in the river Savannah, be continued until the fame fhall be ^pTM

completely cleared. WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.:

NATHAN BROWN SON, Prefident of the Senate,

EDWARD TELFAIR, Governor..



December 15, 1791.'

LUMBER.

An act to regulate the admeasurement and infpetiion of lumber, jidves,jliingles, and for other purpofcs therein mentioned.*

i,.1Q.E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate o/kuS&TJd"

-D Georgia in General Ajfembly md^ and by the (authority of thefame, That from merctantal)le4

and after the palling of this act, ranging timber, fcantling and boards^ fhall be deem

ed merchantable enly, when made, fhaped, formed and conditioned as is herein af

ter direcled, that is to fay, all ranging timber, fcantling and boards, mall have fquare

edges, be found, and without decay. Neverthelefs, if any fcantling or boards to be spin, dKyei,

meafured and infpefted under and by virtue of this acl, fhall be fplit, decayed or fou'n'ui' \ 'aiu

fralured more than two feet, and lefs than fix feet from the end thereof, in that cafe, taeai'uremen

fuch fplitj decayed or fraftured part fliall be left out, and not counted in the faid mea-

furement.

2. And l>e it further enafted, That pipe, hogfhead and barrel ftaves, mingles an dst^* shift-

heading, &c. fhall be confidered merchantable only, when made, formed, fhaped

what leircliarif

and conditioned in manner following, viz. pipe ftaves to be at leaft fifty^four inches'able.

in length, three and an half inches in breadth, and one inch thick on ihe edge5 hogf

head ftaves to be forty-two inches long, three and an half inches broad, the one edge

an inch, the other not lefs than three quarters of an inch thick, found and free from

worm-holes or knots 5 barrel ftaves to be two and an half feet long, not lefs than three

and an half inches wide, one inch thick on the one edge, and not lefs than three

quarters of an inch thick on the other edge, ftraight, and free from decay, worm or

knot holes; heading to be two and an half feet long, fix inches broad, an inch

thick on the one edge^ and not lefs than three quarters of an inch thick on the other1

fide, found, and free from decay, \vorm or knot holes; Ihingles to be twenty-two

inches long, not lefs than three and an half inches wide, a half inch thick at the thick

er end, not decayed, free from worm or knot holes.

3-t And be itfurther enaBed, That the infpeflors and meafurers to be appointed as *p<:a *i>a 1here'inaff*ter dii*reco.ted',in fhn all andi are thereb* y' entitl ed to receive for thei, r trrAouble and mtheeaisrudraetrs?,-

care, in and about the infpefting, meafuring or afcertaining the quality and dimen-

Xx

* Tim aft, fo far as refpefts the admeafiirement bf lumkr, repealed by ad of 170^ which was >

pealed by aft qf 1799, fe<a. 8.

.

.

f This fcdion repealed by aft of 1799, fcft. i and 7,

34.6

LUMBER.

{ions of merchantable lumber of the various forts as herein before enumerated, the

prices and compenfation following, viz. For ranging timber per thoufand feet, feven-

pence; for fcantling and boards per thoufand feet, one {hilling and ninepence; for

superficial ftaves and heading per thoufand, three fhillings and fixpence; for fhingles per thou-

ceptsoakaS (and, one milling and twopence; for live oak and cedar, three (hillings per hundred

cedar.

p

Refuse lumber ieet.

.

and fees.

^ Re-enated by aft of 5th December, 1799, feflions 4 and 6.

5 Repealed by acl of 1799.

Inspectors elec ted yearly by the assembly. To be sworn .

6 Re-enated by a6t of December, 1799. 7. And be it further ena&ed. That perfons appointed to be infpeQors and meafu-
of lumber as aforefaid, fhall, before they enter on the duties of their office, take

security. an the oath or affirmation following, viz. "I, A. B. in the prefence of Almighty God,

do folemnly fwear, or affirm, that I will fairly and honeitly, to the beft of rny {kill

and judgment, execute the office of the infpeclorand admeafurer, according to law.

So help me God." And fhall.each enter into bond, with fuflicient fecurity, before his

excellency the governor or two or more of the juftices of the inferior court of the county

in which fuch infpeclor fhall refide, in the fum of five hundred pounds, for the due and

faithful performance of his laid truft, which fhall be lodged in the clerk's office of fuch

court. And no perfon or perfons fhall be permitted to infpecl or adrneafure lumber as

?oin*e8uncier aforefaid, except thofe appointed by the legifiature; and if any perfon or perfons fhall

oneCdradof attempt to infpecl and adrneafure as aforefaid (except thofe herein before excepted)

,toita. every fuch perfon or perfons (hall, for every fuch offence, forfeit and pay the fum

of five hundred dollars, one third to the informer, and the remaining two thirds to

the ufe of this ftate.

THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,

BENJAMIN TALIAFERRO, Prefident of the Senate,

GEORJGE MATHEWS, Governor.

December 16, 1794.

An aclfor the better regulating the admeafurement of lumber within this Jlate.
T 7C 7HEREAS it has been found by experience, that that part of the law, for apV V pointing lumber meafurers, will by no means anfwer the pUrpofe intended Lumber mea- by the legiflature. Therefore, Be it enacled by the Senate and Houfe of Reprefentatives of theJlate of Georgia in General AJf'embly met, That from and immediately after the paffing of this al, all perfons qualified to meafure lumber, may adrneafure and give certificates as is ufual in fuch cafes, and receive fuch compenfation as (hall be agreed upon by the feller, purchafer, and perfon meafuring the fame. 2 And whereas, raftmen and other perfons have long been in the habit of taking up" drifted lumber of all defcriptions, and difpofmg of the fame, and converting of the ns taking profits to their own ufe. Therefore be it further enacted, That if any raftman, or men, ninmbe?f of other perfon or perfons, mail attempt to difpofe of any drifted lumber fo taken up fivefiMiirV by him or them within this ftate, fliall be liable to pay a fine not exceeding five hunre dred dollars for every fuch offence, to be recovered in any court having jurifdicHon 0 *" ^ie fame? one half for the benefit of the informer or profecutor, and the remainmS mo ' et y to tne u ^e ^ tne county wherein fuch offence fhall be committed, or to be imprifoned for a term not exceeding eight months.

MARKS .AND BRANDS.

347

3. And whereas it has been a cuftom too long eftablifhed in the city :of Savannah,

io purchafe lumber of all defcriptions of -raft'raen and other perfons : Therefore, Be 'it feimns urcha.

enabled, That from and immediately after the paffing- of this att, if any perfon or per- g'r^^';

fons in the city of Savannah or elfewhere, fhalt be detected in purchafing of lumber

*

of the above defcriptiori, except from factors or lumber cutters, he, or they (hall be

liable to pay a fine not exceeding fifty dollars for each and every fuch offence, to be

recovered in any court having jurifcliclion of the fame, or to be imprifoned for a time

not exceeding eight months. Provided neverthelefs, That nothing, contained in this P

aft fhall prevent, or be cohftrued to prevent raft hands or other perfons from taking

up drifted lumber, and receiving a reafonable compcrifation from the owner or ow

ners of fuch lumber, :on their delivering the fame to the rightful owner, or to their fac

tor.

.

4. her is

And be it 'further enacted,. brought fo*/r exportation o*r

"That in all feaport o. therwife, all hewed

lawns' in this ftate, pi. ne timb. er as wel1l1

where l as ipcanthi ng ;;yboard..!,,

and boards, fhall be admeafured, and the bills made out in fuperficial meafurement ;

any law to the contrary notwithftanding. i

5. And be it further enabled, That any infpeftor, who mail either admeafure or I^Tfrr^k

make out a bill 'not in conformity to this act,,, fhall be liable to pay a fine, for, every He'to^rfe!?

fuch offence, not exceeding thirty dollars, to be recovered in any court having jurif- ^Ltf to'thc

diclion of the fame;, one half for the benefit of the informer or profecutor, arid the re- otiSo'the10

maining moiety for the ufe of the county wherein fuch offence fhall be committed. cunty.

6. And be it further ehaSled, That all' live- oak and cedar timber, (hall be meafured LITM oak & ..

mbyeathiruerefomliedntf.oot,

and

the

nveafurers

{hall

be

allowed ;. ; '

eioshty/

cents

per
r

thoufand feet

for

bemadebywhFdeems.eaeure.

7. And be it further enaBcd, That after the paffing of this afl, all infpeclors of ^^^^

lumber fhall be appointed by the legislature, who fhall receive for evey thoufand feet ^eKes!1"8 '

of fuperficial lumber, twenty-five cents.

8. And be it further enaSed, That all laws heretofore paffed, fo far as refpefts the Repealin

admeafurement of lumber are hereby repealed,

DAVID MERI WETHER, Speaker of the Hovfe, of Reprefentatives,

.

DAVID EMANUEL, Prefide-nt of the Senate,

Affe:nted to December 5,' 1799"}^ <"' >> '''v v - . \; ',:,.

JAMES JACKSON, Gover^or^\ ' : . -i-.. . . -.\: .'..

; ; '-'. ; . s " r ";; MARKS ^NO BRANDS,

"-

-'--. -,

. . : [ *': : ;; _ j , ^ t ,

'

An aft-'ft) revije .andamlnd.^An'dcl'for recording marks and brands in thisftate"

marks and_ brands inthe^lerk's office of the fuperior court of the county in which fuch perfon refides; and if any perfon o!r 'perfons fhall negleft to record the fame, then 0 and in that cafe, whenever any property fhall or may happen to be in difpute between &?*! the party fo recording his marks and brands, and any other perfon not having re_ corded as aforefaid, both having one and the fame marks and brands, the property

348

MILITIA,

being found in the poffeffion of the perfon complying with this aft, the party fo claim.

ing any fuch property in difpute as atbrefaid, fhall not be allowed to take the fame

out of the hands of the perfon found in poffeffion, without fuch claimant can prove,,

by difinterefted teftimony, fuch property fo in difpute, and that the fame is his pro

perty, fuch proof when the value of the property is under five pounds, to be made be

fore any juftice of the peace in the county where fuch property may be found, and if,

above that value, before any court having jurifditkxn thereof,

Were Jikene.ss, the

2. And be it further en&cled by the authority aforefaid^. That where two or more per

oldest record to l>e evidence of

fons

fhall

have the

fame

marks and

brands,

each of them

recorded ;

in

fuch

cafe the

tight. oldeft record fhall be evidence of right, fo far as to compel the other party to prove hit;

property by difinterefted teftimony, in the manner herein before pointed out : Provi

ded, That nothing in this aft contained fhall compel fuch perfpn or perfons as have ak

ready had their brands arid marks recorded in the fecretary's office, to record the fame

jn the clerk's office afore faid, but fuch record in the fecretary's office fhall be good and

valid.

'..:.' -.. ..-;.'

s feesfor 3. And be it enacted, That it fhall be the duty of the clerks of the fuperior

courts, upon the application of any; perfon or perfons, to record all marks and brands,

jn books to be kept by them for that purpofe, and give; certificates thereof when there

unto required by any perfon or perfons;, and far which they fhall receive the fees,

pointed out by the aft to revife and amend " An aft for ascertaining the fees of the.-

public officers of this ftate,"

WILLIAM GIBBONS,;. Speaker of the Houfe. of Reprefentatives,

BENJAMIN TALIAFERRO, Prefident of the Senate^

EDWARD TELFAIR, Governor.

;

December 1792,

, ; .' ; ,' . '..

4a

In act io revife and amend the militia, law, of this Jlate^ and to adapt the fame to-ths act of the congrefe. of the United Slates,, faffed the eighth day of May,, one thoufandi feven hundred andnineiy-Mio, entitled '* An aSl more effectually to provide for the na* tional defence, by, ejlabliftiing an uniform militia throughout the United States."

Militia to be hid oH" into .divi sions, c.

E IT ENACTED by the Senate and Houfe of Reprefentatives of thefiateof Georgia, in General AJJembly me.t, That io order to comply as nearly as may

be convenient with the aft of the congrefs of the United States, paffed at Philadel

phia on the eighth day of May, i,:t.he year of ^ur Lord one thoufand feven,, hun

dred and ninety-two, entitled " An aft more effectually to provide for the national

defence, by eftabliftiing an uniform militia throughout the United States,:'' the militia

of this ftate fhall be laid off and apportioned into divifiqns,; brigades, regiments, bat

talions and companies, in the manner herein after particularly expreffed..

:

Brigades and divisions defi-

2,. And be it further enacled, That- iHe counties of .Qatnden, Glynn, Liberty and Chatham, fhalfeompofe a brigade, (o be known as the fir ft. brigade of the firft div.i-

fion, and the counties of Effingham and Burke as the fecphd brigade of the faid divi-.

fion; and the faid two feveral brigades fhall compofe the firft div.ifion of the militiq,

of this ftate; and the coynti.es of Richmond. a>n.d Colurnhia fha.ll compofe a brigade^,

MILITIA.

349

to be known as the firft brigade of the fecond divifion, and the counties of Wafhing-

ton and Greene as the fecond brigade of the faid divifion; and the faid two feveral

brigades (hall compofe the fecond divifion of the faid militia; and the county of

Wilkes fhall compofe a brigade, to be known as the firft brigade of the third divi

fion, and the counties of Franklin and Elbert as the fecond brigade of the third divi

fion; and the faid two feveral brigades fhall compofe the third diviflon of the ^aid

militia.

3. And be it further enatfed, That each divifion of the faid militia fhall be under Adivlj;orlfota

the direction of, and be commanded by a major general; and each brigade fhall be fTM^TM*^^

under the direction of, and be commanded by a brigadier general; and there likewife byibr^to'

fhall be appointed an adjutant general, to have the rank of lieutenant colonel. All ^","^tgene_

which faid officers fhall be appointed and commiffioned by the commander in chief S'/.SSifcoio-

of this ftate, under the regulations and reftriQions herein after pointed out.

nel-

4. And be itfurther enacted, That in two months after the paffing of this aft, the 5^^*;

faid feveral brigades fhall be fubdivided into regiments, battalions, and companies, as IJTM^,^-

near as may be, in conformity to the aforementioned aft of the congrefs of the Uni- companies.

ted. States, by the executive department of this ftate. Provided, That the refpeQive Ptoviso<

counties be kept diftinct from, and unblended with any other county in fuch fubdivi-

iion, unlefs alterations in fuch counties fhauld hereafter by law take place,

5. And he-it further enacted, That the officers of companies fhall be nominated by ^1IJ^IU;

election of the citizens liable to bear arms in each company diftriQ, and be appointed pointed.

agreeably to the conftitution, by the governor of this ftate, under the following rules

and reftriQions, that is to fay, the free white inhabitants fo liable to do militia duty

fhall, within ten days after fuch company diftrift. fhall have been defined by the exe

cutive, affemble at a place to be appointed therein, by any two or more magiftrates

within fuch company diftriQ, or if there fliould not be two refiding magiftrates within.

fuch diftriQ, by any two or more magiftrates of the county fuch company may be in,

ten days' public notice being firft given by fuch magiftrates of fuch meeting and the in

tention thereof, and the free white inhabitants, liable to, do duty therein, and fo con

vened, fhall proceed to nominate by ballot, one fit and proper perfon to fill each ref

peQive'commiffian of captain, lieutenant andenfign for fuch company; the election

fo held and: the perfo.ns-.fa nominated for each commiffion as aforefaid, fhall be cer

tified* under the hands and feals of the faid magiftrates, and be by them lent, within

fifteen days, fo certified, to his excellency the governor, who fhall within five days af

ter thei receipt thereof, appoint and commiffion the perfons fo nominated for the ref*

peQive commiflions of captain, lieutenant and enfign, as the cafe may be ; and in cafe

-of the negleQ or refufal of the inhabitants of any company diftriQ to meet, and by

ballot to nominate the perfons aforefaid, within the time herein before pointed out

for; fitch meeting, the executive department {ball proqeed to. appoint the officers of

fuch company diftriQ, without any fuch nomination,

. -6.. And be. it farther -enacted^ That the captains and fubalterns of companies fo nomi- f*\^,e^

nated and appointed fhall, within twenty days after the notification of their appoint- j|?2ff^l

raents, by his excellency the governor has taken place, meet and aflemble at fome 'CerS'

^convenient) place within the battalion or regimental diftriQ;, as the cafe may be, to

which fiich officers belong, under the dire&ion of any two or more of the captains fo

.Appointed, not being candidates, ten days' notice being given of the meeting, and its

intention,- by them, and when fo met the laid officers fhall proceed to nominate by

,

MILITIA.

ballot one fit and proper perfon for each commiffion of lieutenant colonel of the regi-

j'l-oTisp. nient, or major commandant of the battalion as the cafe may be: Provided, That

where the lieutenant colonel, when appointed, will command a regiment confiding of

two battalions, the officers of companies of both battalions fhall aflemble together in

like manner at a convenient place for each battalion, under the direBion of two or

more captains, one of which at leaft belonging to each refpective battalion ; and the

captains fo affembling the laid officers lhall, within ten days after fuel) nomination cer

tify the fame, and the names of the perfons fo nominated, and fend fuch certificate to

the executive department, which fhall within five days thereafter, appoint and com

miffion the perfons fo nominated to fill fuch appointments of lieutenant colonel or

major, as the cafe may be.

foTMtdninTMvv6 7- And be it alfo ena&ed, That where a county will not permit its being formed

toSiSuuS! into two battalions, the fame fhall compofc .a regiment, to be commanded by a lieu

tenant colonel commandant.*

officer.,how 8. And be it further enaBed, That'where any officer now in commiffion fhall be

nominated and appointed to fill the fame commiffion he before held, he fhall take

rank from the date of the commiffion he fo before held, any thing herein contained to

the contrary notwithstanding; and the officers in commiffion at the time of paffingthis

att, fhall continue to atl until the nomination or appointment of fome other perfon

to fill the fame.

personsHabie cj. And be it enafted, That the commanding officer of each company of militia,

becmqiM. fiiall enrol the names of all the male inhabitants (flaves excepted) above the age of

eighteen, and under the age of forty-five years, who {hall have refided therein for

the fpace of ten days', and fliall caufe the perfons fo enrolled to be fummqncd and

duly notified, by a proper non-commiffioned officer, to appear at fuch times and

places as be fhall appoint, for company mutters; and the perfons fo enrolled fhall be

from thenceforth deemed and held to belong to fuch company, and liable to appear

at all its mufters, whether battalion or company, and on all other neceffary occa-

fions, and to perform the whole duty of a militia-man, without any further notice

whatfoever.

Accoutre-

i o. And be it further enacted, That, every perfon fo enrolled fhall provide himfelf,

agreeably to the a61 of congrefs, with a mufleet or firelock, a fufficient bayonet and

belt, two (pare flints, and a knapfack, a pouch with a box therein, to contain not

lefs than twenty-four cartridges, fuited to the bore of his rnufket or firelock, each

cartridge to contain a proper quantity of powder and ball; or with a good rifle,

knapfack, fhot-pouch and powder-horn, twenty balls fuited to the bore of his rifle,

and a quarter of a pound of powder; and mall appear fo armed, accoutred an4 pro

vided when called out. to exercife, or into fervice; except that when called out to ex-

vltra'for'not ercife only on company days, he may appear without a knapfack. And if any per-

acceonudtrelwellj fon fo enrolled fhall neglecl to provide himfelf, or fhall appear at mufter not properly

accoutred, as before exprelfed, or fhall neglecl; or refufe to appear at fuch battalion

or company mufters, or on any other neceffary occafion, at any time within nine

months after the paffing of this aft, fliall be fined in a fura not exceeding two dollars

for every fuch offence; and for every fuch neglecl after that time, in a fum not ex

ceeding fix dollars, if a battalion mufter, and four dollars if a company mufter.

^officeBTM1 * lf ^ n^ ^e it further enacted, That every eommiffioned officer of the rank of cap-

uniform. ' tajn ancj under, mall provide himfelf with a fword or hanger, an efpontoon, and a <

* By a major, if not more than four coippaajes. See ail of 1795) fet. 5.

MILITIA.

'

351

plete fuit of uniform, to be determined on by the officer commanding the brigade he belongs to; and in cafe of any fuch officer appearing at mutters, or on other ne- Flncsforne. ceffary occafions, not fo provided, at any time within nine months after Ins appoint-sj^^f^n-merit, every fuch officer fo offending, or who fhall neglect or refufe to appear at fuch unifiers, fhall be fined, if a captain, in a fum not exceeding thirty dollars, if a lieu tenant, not exceeding twenty dollars, and if an enfign, not exceeding fifteen dollars. And every general and field-officer fhall in like manner appear, when on duty, in com plete uniform, ?nd armed with a fword or hanger; the uniform of the general offi cers to be determined by the commander in chief, and the uniform of the field-offi cers by the officer commanding the brigade; and in cafe of their appearing at mufter, or on other neceffary occafions, not fo provided, every fuch officer ihall forfeit and pay, if a major general, a fum not exceeding two hundred and fifty dollars, if a briga dier, a fum not exceeding two hundreddollars, and if a field-officer, a fum not exceed

ing one hundred dollars.

12. And be it further enafted, That the faid militia fhall exercife in battalion twice

-in each year, and in companies four times in every year; and in cafe of neglect rBe;^falan* thereof, if a battalion or regimental mufter, the commanding officer of fuch regi- mustersmerit-or battalion, fhall be fined in a fum not exceeding one hundred dollars, to be j" fm '"=impofed by a court-martial, to be ordered by the officer commanding the brigade;

and if a company mufter, the officer commanding and fo neglecting, fhall be fined

for every fuch neglect in a fum not exceeding thirty dollars, to be impofed by a court-martial, to be ordered by the officer commanding the regiment or battalion, to which fuch company fhall belong; and due notice fhall be given of fuch regimental, battalion or company muPeers, by the officers commanding the fame.

13. And be it further enafted, That every officer commanding a company mail, on the days appointed to exercife his men by company, have the fame formed under K?TMriny mm' arms by eleven of the clock in the forenoon, by which hour every perfon liable to militia duty in fuch company fhall attend, and the faid officer fhall then have his roll called over, and mark all defaulters, and fhall proceed to inftruct and exercife his men in the evolutions aud manual exercife, pointed out and required by the before men

tioned act of congrefs; and in cafe of neglect of fuch inftructing arid exercifing, the officer fo commanding fhall be liable to a penalty not exceeding thirty dollars for eve- /" forM" ry fuch negtect.

14. And be it further enacted, That if any perfon liable to bear arms, at any exer- ,. cife or training hereby appointed, fhall behave in a contemptuous or unfoldier-like ^j^/o?" manner, at either battalion or company mufters, whilft underarms, or fhall infult i^l'n'E 3 or threaten his field-company, or other officer commanding, after his difcharge, for or cTM'tl'raartiil1.3 on account of fuch officer's performing the duty hereby required of him whilft fuch per

fon was under arms, every fuch perfon mall, for every fuch offence, forfeit and pay

a fum not exceeding four dollars; and if fuch offender /hall be a cotrmiffioned offi cer, and fhall be guilty of contemptuous or unfoldier-like behaviour, whilft on duty,

or fhall, after his difcharge from fuch duty, threaten or infult his fuperior officer, for or on account of the duty required of fuch officer by this act, every fuch commif-

fioned officer fo offending fhall, for every fuch offence, forfeit and pay a fum not ex

ceeding twenty dollars, or be cafhiered, at the option of a court-martial.

persons intcr-

15. And be it further enatfed, That any perfon interrupting the military exercifes mSto i>cx"

required by this aft, may be committed by the officer commanding the body of mili- i:npnsoncd

tia fo interrupted, to theneareft common jail for a fpace oT time not exceeding five days, for every fuch offence.

5*



MILITIA,

Sui'^'Sy 9 iS. And be it further enacted, That every raafter Or other per.fon, who hath the

Viuls i'ov'at"' command, government, or power over any indented man fervant, liable to do militia duty

by this afi, ihall, athis, or her own proper coft and charge, furnifh and provide every

fuch indented man feivant during his fervice, with the aims, ammunitions and accou

trements dire6led by this aQ, and every fuch mailer or other perfon fljall fend fuch

indented fervant completely armed and furnifhed as is herein required, to all battalion,

regimental or company inullers, and on all other neceffary occafions, which fuch in

dented fervant would have been liable to attend were he not a bondman ; and in cafe

fuch indented fervant (hall not appear thereat, or on appearance fhall be defective in

arms or accoutrements hereby required, fuch mafter or other perfon fhall be liable to

all the fines, penalties, and forfeitures, impofed in like cafes on other perfons liable to

bear arms by this aQ:,,



.

o'urt-irart'i-a * 7' And be it further enabled. That the feveral fines, penalties and forfeitures to

be inflicted by this aft, on perfons liable to attend at company mutters, may be impo

fed by a court confifting of a majority of the commiffioned officers of fiich company ;

or in cafe of vacancies of two commiffioned officers of the regiment, or battalion fuch,

companies belong to, Provided, one of the faicl officers be an officer of fuch company.

And the feveral fines, penalties, and forfeitures to be inflifted on perfons liable to at

tend battalion or regimental mufters, fhall be trnpofed by a court to confift of at leaft

/even commiffioned officers of fuch battalion or regiment; and it is hereby made the

:|

duty of the officers appointed members of fuch courts martial, on being duly notified

thereof to attend the fame. And in cafe of negleft or refufal of any fuch commiffion

ed officer to attend, he fhall be liable to the penalties herein pointed out, for non ap

pearance at regimental or battalion mufters, and ten<days' notice at leaft in writing {ball

be given defaulters and offenders, to be tried at fuch company, battalion, or regimen-*

tal courts martial, under the hand of the commanding officer of the company, fuch of

fender, or defaulter belongs to, who fhall be ferved with the fame perfonally, or be

otherwife notified by a non-commiffioned officer thereof, by fuch non-comrniffioned

officer's leaving the fame at fuch defaulter's, or offender's ufual place of abode, and

proof of fuch fervice fhall be made to fuch court, on oath previous to its proceeding

to the trial of fuch offender or defaulter.

&S'ngIMS i ^' And be it,further enacted, That all warrants for fines, penalties or forfeitures,

"^^^inflifted by this aci, fhall, if in confequence of the fentence of a company, court-

martial, be under the hand and fcal of the commanding officer of the company;

and if in confequence of the fentence of a regimental or battalion court-martial, un

der the hand and fealof the commanding officer of fuch regiment or battalion; and

every fuch warrant fliall clearly exprefs the offence, and recite the fentence of the

court, and fliall be direfcled to and executed by a ferjeant of the company the offend

er belongs to, or be directed to and executed by any lawful conftable of fuch diftriQ;

and fuch non-commiffioned officer or conftable fhall make return of fuch warrant,

within thirty days after his receiving the fame; and if on fuch return it fhall happen

that fuch offender or defaulter has not wherewithal to be levied to fatisfy the forfeiture

or fine impofed by fuch court, it fliall be the duty of fuch officer commanding, to

renew the warrant, and thereby to commit the offender or defaulter to the common

jail of the county, or the neareftjail thereto if there fhall be no fuch county jail, for

the fpace ..of one day for each dollar contained in fuch fine or forfeiture; and it is here

by made the duty of the keeper of fuch jail, to receive fuch offender or defaulter,

and to keep him in clofe cuftody for the term in fuch warrant expreffed, without bail

or .mainpme, and until fuch offender or defaulter fliall have fatisfied fuch keeper for

MILITIA,

3S3

his fees on fuch confinement; Provided, That no jailor {hall detain fuch perfon or *""* perfons more than three days for his fees: Andprouided, That where this aft admits Prov!a"
of perfons being committed to jail in the firft inftance, no return or renewal of fuch
warrant fhall be neceflary. 19. And be it further enatfed, That the non-commiflioned officers of the refpeftive ^-^^
companies fhall be appointed in the following manner, that is to fay, the names ofKd,^^
all perfons liable to bear arms in each company diftrift, fhall be placed in a box, to be kept in the cuftody of the commanding officer of fuch company, and to have two partitions, to be known by the Nos. i and 2; and the names in the firft inftance (hall be put in the partition No. i; and within one month after the refpeftive companies
are organized, it fhall be the duty of the commiffioned officers thereof to aflemble, and draw from the faid partition No. i, the names of eight perfons, which (hall be thrown into the partition No. 2; and the eight perfons fo drawn fhall be the non-com miflioned officers of the company, and are hereby declared liable to execute and per form all the duties of fuch ftation, and they (hall ferve as fuch for the fpace of twelve months, and fhall not be liable to ferve again in that capacity, until all the names fhall be drawn from the partition No. i: And in cafe of refufal to aft in fuch pinfbn*rii. appointment, or to procure fome fr-it and proper perlfon, to ibe approvedj otr iby thi e otr- ring tea<& ficcr commanding the company, to do the duty of a non-commiffioned officer in his
Head, fuch perfon fo drawn and refufing to aft, or to procure fuch fit and proper perfon, fhall forfeit and pay the fum of ten dollars, to be recovered by warrant of the officer commanding the company fuch perfon fhall belong to; and the faid commiifioned officers fhall proceed to draw another perfon to fill the office of fuch per fon fo refufing, until the number of non-commiffioned officers fhall be completed; and the firft four perfons fo drawn as aforefaid, (hall be the ferjeants, and the laft four fo drawn, the corporals of fuch company : Provided neverthelefs, That if fit and pro- Plov!-0' per perfons for non-commiffioned officers fhould be procured by the commiffioned officers of fuch company, the mode of drawing in this claufe contained may be difperifed with; but after fuch fit and proper perfons have accepted fuch offices, they fhall be liable to ferve in fuch ftation at leaft for, the term of twelve months, as is herein before exprefled for perfons drawn to ferve in the fame; and in confederation of the duties in this aft affigned to them,' one half of the fines of fuch company fhall be fet apart a" a fund for defraying the expence of executing fuch duty, and be di vided among fuch non-commiflioned officers; but if any non-commiffioned officer, HTM_,after excepting fuch office, fhall negleft or refufe to do the duty required by this aft, glc*"lg '* **' he fhall for every fuch offence forfeit and pay a fum not exceeding five dollars.
20. And be it .further enafted, That it fhall be the particular duty of the officers SheeSSiS commanding companies, to pay a due attention that the law for eftablifhing and regu lating patrols in force in this ftate, paffed the eighteenth day of November, in the year of our Lord one thoufand feven hundred and fixty-five, under the then province of Georgia, be ftriftly executed ; and in cafe of neglecl or default of fuch execution, every officer commanding the company defaulting,, and not punifhing the defaulters agreeable to the faid aft, fhall be liable to a fine not exceeding fifty dollars, or be caihiered at the option of a court-martial.
81. And be itfurther enabled, That the officers commanding regiments or battal-*" wi ions, fhall once in every year make proper and complete returns of their regiment or battalion as the cafe may be, to the officer commanding the brigade to which they refpeftively belong, and the officers commanding brigades, fhall in like manner make
Yy

354

MILITIA.

proper and complete returns of their brigades to the officers commanding the divifion

r,. ,, , , to which they refpedively belone;; and the officers commanding divifions, fliall reDridsterib,ution of cei.ve and, d, ittJnbuter all fuc3h orders>to th,e,briga,des orr thi eir re' lrpecntive dTivifrions, as may

from time to time be iffued from the commander in chief, or by his direction from

the adjutant general, and the officers commanding brigades, mall in like manner re

ceive and diftributeto, and among the refpeciive regiments and battalions of their ref

peciive brigades, all fuch orders as may from time to time be iffued to them by the of

ficers commanding divifions; by the commander in chief, or from his directions by

the adjutant general, and the officers commanding regiments or battalions mail caufe

to be diftributed to, and executed by the refpeftive companies under their command,

all fuch orders as they may from time to time receive from officers commanding divi-

May be fined or fions and brigades, or from the commander in chief, or the adjutant general; and in

St-mar- cafe of neglect or refufal to perform fuch duty, every officer fo offending, fhall if a

.1?'

major general, be fined in a mm not exceeding five hdndred dollars, if a brigadier,

in a fum not exceeding three hundred dollars, and if a field officer in a fum not ex

ceeding two hundred dollars, or be cafhiered at the option of a'court-martial, to be

ordered, if on a major general, by the commander in chief, if on a brigadier, by

proviso. tne officer commanding the divifion, and if on a field officer, by the officer command

ing the brigade : Provided, That nothing in this claufe contained fhall be conftrued

to debar the commander in chief from arrefting and ordering courts martial for the

trial of ahy officer of the militia of this ftate, or to debar any officer commanding a di

vifion, brigade, regiment, or battalion, from arrefting and ordering courts martial for

the trial of any officer belonging to his divifion, brigade, regiment or battalion.

eourts mjrtw 22< ^ n^ ^ e it further enacted^ That a court-martial* for the trial of a major ge-

Ifficm'ho'v0' neral, mall confift of at leaft one major general, three brigadier generals, and five

commuted, field-officers; and for the trial of a brigadier general, the court mall confift of at

leaft two brigadier generals and fevea field-officers; and for the trial of a field-officer,

it fhall confift of at leaft one brigadier, three field-officers, and five captains, or of

four field-officers and of five captains; and a court-martial for the trial of a captain

or fubaltern, fhall confift of at leaft feven commiffioned officers, the prefident there-

Theirsorten- o f to be of fuperior rank to the officer tried; and every lenience of a court-martial,

cornmandfer'in wnere the .officer fhall be cafhiered, fhall be tranfmittedby the prefident of the court,

cwef. through the adjutant general, to the commander in chief, who may approve of, mitigate

the fentence, or pardon the offender as he may fee fit; and in cafe of leniences merely

pecuniary, the officer ordering the court may approve, difapprove or mitigate the fame.

XflifcV101" 2 3- And he it farther enatted, That from and after the organization of the militia

as before pointed out, whenever any .vacancy fhall happen in any captain's diftriS,

battalion, regiment, brigade or divifion, by death, refignation, or otherwife, the va~

n cancies fhall be filled up by nominating a perfon or perfons to fill fuch vacancy or

vacancies, in the fame manner as before pointed out.

-ruegovernor .24. And be it farther enabled, That his excellency the governor be, and he is

iiS'miiuia' 7 hereby empowered to aflemble and embody fuch part of the militia of the fiate as he

may from time to time think neceffary, to repel any invafion, infurreflion, or rebel

lion which may happen within the fame, and to order fuch officers to command the

pro-nso. faid militia as he may fee fit; Provided^ That the officers of one company fhall not

be placed to command another company, unlefs where the death, refignation, or in-

sjoriio. ability of fuch officer .fhall make it neceffary. And provided, That nothing in this

*

* See aft of 1793} fed. 3.

MILITIA.

355

elaufe contained Thai! prevent part of fuch company from being detached on piquet
or otherwife under any officer. 25. And be itfurther enatted, That where volunteer corps ,of artillery, horfe, or J^P^^
infantry (hall be formed in purfuance of the afore mentioned al of congrefs, the vol-j|^;;-_
. unteers corapofing the fame, fhall not be permitted to leave fuch corps until he or they fhall have given two weeks' notice of fuch intention, and fhall have produced a
certificate from under the hand of the commanding, officer of the company diftriCt he belongs to, that his name is enrolled therein.; and until the expiration of fuch no tice, fuch perfon fhall be liable to continue to do duty in fuch volunteer corps: And in cafe of removal of refidence of any perfon, liable to do militia duty, from one diftria to another, five days' notice mall be given to the officer of the company fuch perfon intends to remove from, and fhall produce a certificate from the officer of the company he intends to remove to, that his name is therein enrolled, and until fuch
notice and certificate, fuch perfon mall be liable to do militia duty, in fuch company
from which he intends to remove. 26. And be it further enacted, That any officer a8ing in a fcandalous or infamous ^ni^-
manner, unbecoming the officer, and which is likely to bring the militia fervice into ^n?zfaSTM difrepute, may be arrefted by order,of the commander in chief, or the commanding courts manw.
officer of divifion or brigade, on fufEcient grounds appearing to them of fuch conduel, and on conviction thereof by a court-martial, fuch officer may be cafhiered;
And all diforders and neglects whilft on duty, or under orders, which officers or-pri vates may be guilty of to the prejudice of good order and difcipline, though not here in particularly provided for, may be noticed by a general, regimental or battalion court-martial, and be punifhed by fine or forfeiture, not exceeding the penalties here
in apportioned for other offences, according to the rank of the offender. 27. And be it further enafted, That all fines* and forfeitures accruing by virtue of this Finwamifor.
08: fhall, if arifingfrom default at regimental or battalion mutters, be paid into the hands prU'S". am' of the major of fuch regiment or battalion, for the exprefs purpofe of procuring regimental and company colors; and all fines and forfeitures arifing from defaults at company mufters (except as herein excepted) fhall be lodged in the hands of the captain thereof, to be applied in the purchafe of drums and fifes; and fuch captain, after fuch purpofe is attained, fhall yearly account with and pay to the major of" fuch regiment or battalion, the overplus of fuch fines and forfeitures, who. fhall, after the expence of colors is deducted therefrom, pay the overplus of fuch regimental, battalion or company forfeitures, into the public treafury, where all fines on general officers fhali alfo be paid.
28. And beit further enatfed, That the commanding officer of regiments fliall have S"SfI the fole appointment of the regimental ftaff, as pointed out by the aforefaid aft of JS^I'^I;: congrefs; and that for the better underftanding of this law, as it has reference to the A^ofcTM^,. faid aft, the executive be empowered to direQ a fufficient number of copies of thai ^btLpl'i!4 aft to be ftruckofF with this law, to be distributed, one to each company of militia tive'
within this ftate, and one to each field and general officer within the fame : And it is Mimuimsto declared to be the duty of each company officer to have the faid aa, together with j^St^T' this law, publicly read over atleaft twice in each year to his company, whilft under SJ!drcfii*
arms; and it mail be thev duty of the field-officers to have the fame once in every year read to the refpeftive regiments or battalions, whilft under arms, to which they may refpeftively belong. And the executive department is alfo farther empowered and re-

* See aft of 1793, fe&, a.
a

35 6'

MILITIA.

quired, to have a like number of copies of the rules and articles of war, in force with the troops of the United States, to be diftributed in like mariner, that the militia be not ignorant thereof when called into aclual fervice. ccneraioffl. 29. And be it further enabled, That the major generals, brigadier generals, and adrSnteu.wap" jutant general, created by this aft, mail be nominated in the following manner : The Senate and Houfe of Reprefentatives mail concur in the nomination of oneperfon as major general for the firft divifion ; one other perfon as major general for the fecond divifion ; and one other perfon for the major general of the third divifion of the mi litia of this Hate; and mall alfo concur in the nomination of one other perfon for the brigadier general of the firft brigade of the firft divifion ; one othej perfon for the brigadier general of the fecond brigade of the faid division ; one other perfon for .the brigadier general of the firft brigade of the fecond divilion ; one other perfon for the brigadier general of the fecond brigade of the faid laft mentioned divifion ; one oth er perfon for the brigadier general of the firft brigade of the third divifion ; and one other perfon for the brigadier general of the third and laft divifion; and alfo concur in the nomination of one other fit and proper perfon as adjutant general; and a lift of the names of the perfons as (hall be nominated as aforefaid, fhall be figned by the prefident of the Senate and fpeaker of the Houfe of Reprefentatives, and transmitted to the governor within two days after fuch nomination, for the purpofe of appointing and commiffioning each and every of fuch nominated perfons, within ten days after he fhall receive fuch lifts of names as aforefaid. vacancies by 3O. And be it further ena&ed. That in cafe any officer fhall remove out of the diftricl, jcmovai. battalion or regiment for which he fhall be appointed, then and in that cafe his commiffion fhall be void ; and all officers of divifions, brigades, regiments, battalions, and companies, fliall be refidents of the divifions, brigades, regiments, battalions and companies to which they feverally belong.
31. And be itfurther enaffed, That the people called quakers, on producing a cern'p^TMJ-tificate from a quaker meeting of their being bonajide quakers, {hall be exempt from fKiditionai all militia duty required by this aft, and fhall pay an extra tax of twenty-five per cen
tum in addition to their general tax. Provided, That this aft fhall not extend to affeft Fnms. perfons nor their eftates, who are herein exempt either from years, appointments, or
imbecility. 32. And be it further enatfed,* That the members of the legiflature for the time
Ethxoesmep'ttoiothnseama beiyng, and thei.f Jofficers, all j.ud'ici.al and, executi.ve ofrfricers, al11l mm i-fnters in ordierss states United practitioners of phyfic, all public printers, all ferrymen, millers, all tutors and ftu-
dents, all juftices of the peace, regifters. of probates, the treafurer, the furveyor gene ral and county furveyors, the fecretary of ftate, invalids, poft-riders, madmen and idiots,t fhall be and they are hereby exempted from any of the duties required by this aft, in addition to thofe exempted therefrom by the aft of the United States.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives^ BENJAMIN TALIAFERRO, Prefident of the Senate, Concurred December 24, 1792. EDWARD TELFAIR, Governor.

;

* See aft of 1793. fed*. 15.

f Further exemption*,--See aitf 1754; left. 3. and 4. And 11795. fed. %,

MILITIA.

357

An aft) fupplementary to an aft, entitled " An aft, to revife and amend the militia law of this flats, and to adapt the fame to the aff of congrej's of the United States, faffed the eighth day of May, one thoufand feven hundred and ninety-two, entitled An aft more effectually to -provide for the national defence, by ejlablifhmg an uniform militia
throughout the United States."

i. T>E IT ENACTED, That the governor, fhall have power and authority to^s^r -O order out as many companies of mounted infantry or riflemen, from time to g^iiS,"
time, as may be neceffary for the defence of the frontiers, who {hall be allowed only ^uS 1'1* the pay and rations of footmen, with the addition of forage: Provided always, That proTM0-

no fuch companies of mounted infantry or riflemen {hall be continued in fervice more

than thirty days at one time. 2. And be it further enaSed, That any.perfon or perfons not herein excepted, neg-tcSfgp to
leQing or refufing to perform his tour of duty, when called into fervice by the au- duty!'wwutoof thority of his excellency the governor, 'under and by virtue of the laws of this ftate, be runished if a commiffioned officer in perfon, or if a non-commiffioned officer or private, ei ther in perfon or by fubfthute; mall, if a commiffioned officer, be cafhiered, and fined in a fum not exceeding one year's pay, nor lefs than one month's pay; and if a noncommiffioned officer or private, in a fum not exceeding one year's, nor lefs than one month's pay, for each neglect or default, at the difcretion of a court-martial, to be held for the trial of all and every fuch offenders, and recovered in the manner point ed out in the aforefaid aft: And all fuch fines mall be paid to the major of the re-", how P.

giment or battalion to which the defaulter or defaulters belong; who fhall therefrom provide a fufficient quantity of powder, for the ufe of the regiments or battalions

on regimental or battalion mufters, and pay the overplus into the public treafury within fixty days after the receipt of the faid fines.

3. And be it further, enacted, That no officer except the commander in chief, or-courts martM, dering an arreft, {hall appoint a court for the trial of the perfon or perfons fo arreft- !0'ns"mt<S!t" ed, but mail notify the faid arreft to the officer next in command, who mall order a howawim^-
court for the trial of the perfon or perfons arrefted as aforefaid.

4. And be it further enacted, That when any officer mall be cafhiered, he fhall not incapacity of a

be eligible to hold any commiffion for the term of three years thereafter.

capered cm-

5. And be it-further enaSied, That the officers compofing courts martial, convened courts martM

agreeably to law, mall take the following oath, viz. " I, A.B. do folemnly fwear, Tueir'S'

that I will well and truly try and determine, to the beft of my judgment, according

to the militia laws of this ftate now of force, and the evidence before me, the feveral

defaulters legally returned to this court, without partiality, favor or affeftion, and,

if any doubts fhall jarife which are not explained by the faid laws, according to my

confcience, the heft of my underftanding, and the cuftoms of war in like cafes: And

I do further fwear, that I will not divulge the fentence of the court, until it fhall be publimed by the commanding officer. So help me God."

6. And be it further enatted, That all lieutenant colonels fhall only take rank ac- Lieutenant cording to the date of their commiffions, without regard or preference to the word Jo'S^k? *' Commandant."

7. And be itfurther enabled, That all aliens {hall be liable to do and perform the ^HaMe u> duties herein and by the aforefaid militia afts required, in like manner with the citi- militk dutv-

zens: Provided always, That when the United States fhall be at war with the nation proviso. to which any alien or aliens mall belong, fuch fervice mall be immediately fufpended,
nations.

35S

. MILITIA.

and the faicl alien or aliens {hall be entitled to all die benefits in fucli cafes arifing under the law of nations.

Smlwn/ora- ^- And ^ e it further enabled, That the rnagiftrates holding elections for the nomihmtTo"'TM' 13ai;i or> of company officers, hereafter {hall return, a lift of the names-of voters, tomade. gethcr with the names of the candidates,, with the number of votes for each, to his
excellency the governor, as foon as poffible after the eleftion, Noperemta g. And beitjurthercnattsd, That in future it {hall not be lawful for any perfon

ruiSiii !tia or Per ' ons to nave or ho'd more than one militia commiffion within this ftate'; and

where any perfon or perfons have received more than one militia commiffion, he or

they {hall, within three months, refign one of faid commiffion or commiffions, as the

cafe may be, to his excellency the governor; and in cafe fuch reQgnation be nofmacle

within the time limited as aforefaid, the governor for the time being {hall be, and he

is hereby empowered and directed to confider faid commiffions as being vacant, and

fill up the fame.

Quakers e*- lo. A ud be it further enaffed by the authority aforefaid. That the people called etym-pt from du- Q_ uak, ers, on proJd, ucing a certi.frica^te frrom a Q_ ua-/k, eJr meJeti.n'g of_ t.hei. r b. e*i.ng"b. onaji.-d,c

Must80' Quakers, fhall be exempt from all militia duty required by this aft: Provided, fuch

u their- Quak, er d-io pay twenty-hp ve poundis per centum, i-nIaT ddi-tion to the amount orr their

general tax. general tax.

.

Beadier to it. And be it further matted, That the brigadiers of each brigade within this flate,

camp!nald"'l8"{hall be entitled to an aid-de-camp, to be appointed by each brigadier refpefclively.

substitutes, 12. And be it further enaffied, That no perfon {hall be exempt from any tour of

'proVd.6"^' militia duty by a fubftitute, unlefs fuch fubftitute {hall be approved of by the officer

commanding the detachment with which he is to march: and all fubftitutes when in

aQual fervice, {hall be fu'bjeci to the fame rules and regulations as the perfon by whom

he was employed could have been fubjeft to.

ofKwn of X 3' B e "it further enatfed, That from and after die paffing of this aft, the govern-

l)TMsTow0tThe or ma^ not commiffion officers to any troop or troops of horfe, to any company or

commissioned. com p an jes of artiHery or riflemen, unlefs it {hall be certified to him by the officer

commanding the brigade, that fuch troop or company is compofed of and belonging

to forrie regiment or battalion within the fame.

Sfromml?" 1 4- -d n d &e ^ further enabled by the authority aforefaid, That any perfon or perfons

tjr-

having a wife and child or children, removing from any of the United States or elfe-

where, into this ftate, {hall be, and they are hereby exempted from militia duty for

proviso. the full term of twelve months : Provided always, That fuch perfon do, within three

weeks after coming into the ftate, enrol himfelf in the captain's company in the coun

ty wherein he does reh'de. 15. -AnA be it further en/zSled, That fo much of an aft, entitled " An aft to re-
vife and amend the militia law of this ftate," paffed the fourteenth day of December, . one thoufand feven hundred and ninety-two, which exempts from militia duty the {everal officers therein named, and all laws regulating the militia prior to faid aft, be, and

the fame are hereby repealed. WILLIAM GIBBONS, Speaker ofthe Houfe of Reprefenlatives, BENJAMIN TALIAFERRO, Prejidcnt of the Senate.
Concurred, December 17, 1793. '. GEORGE MATHE.WS, Governor,

MILITIA.

359

An alt to organize the militia in the feveral new counties in this Jlate and for other purfofes.

THEREAS great inconvenience hath arifen and the fervice fuftained great A1,mmti?coni.

/ injury by the disorganization of the militia, in confequence of the late divi- ^""mtics11,6 fion of counties; the officers in many inftances living in one county and their com- declare<1 VOKU

manders in another, for remedy whereof, Be it enacled by the Senate and Houfe of Repre-

fentatives of the Jlate of Georgia in General AJfembly met,.andby the authority ofthefame,

That the commiffions of all officers in the faid counties {hall be, and they are hereby

declared to be null and void, from and immediately after thepaffing of this aft ; and

that his excellency the governor be authorized, and he is hereby directed within three The Kovefn(>r

months to organize the militia within faid new counties into regiments, battalions and the1mmt',Tzo

companies, agreeably to an aclparfed at Augufta, to revife and amend the militia law wywuT'"'

of this ftate, and to adapt the fame to the act of the congrefs of the United States, paf-

fed the eighth day of May, one thoufand feven hundred and ninety-two, entitled " An

act more effectually to provide for the national defence by eftablifliing an uniform

militia throughout the United States." And that no injury may be done to officers now

holding commiffions in faid new counties, in cafe they fhould be re-ele6led to the fame

grade in that arrangement.

2. Be it further enabled, That in cafe any officer now holding a commiffion inNewcommis.

either of the faid counties, ffiould be re-elected or appointed to the fame office or grade, bca/LaiTM

that then and in that cafe the governor is directed to date his or their commiffion

agreeably to the date of the commiffions now held ; any law ufage or cuftorn to the

contrary notwithstanding.

3. And be itfurther enacled, That, for the general convenience of the citizens, and A^aonjw

more equal* Arrangements of the divifions and brigades, that the counties of Effing- E*ICS.

ham, M'lntofii and Bryan be, and they are hereby added to the firft brigade of the

firft divifion, and the counties of Montgomery and Scriven to the fecond brigade of

the faid firft divifion, and the county of Hancock to the fecond brigade of the fe

cond divifion.

>

4. And be it further enacled, That the county of Warren {hall be and the fame is tlitfb'^S^

hereby declared to belong to the firft brigade of the third divifion; and the county of

Oglethorpe {hall, from and after the paffing of this act, belong to and be added to the

fecond brigade of the faid third divifion, any law to the contrary notwithftanding.

5. And, whereas the militia of the United States and that of this ftate, appear to counties of n contemplate, where practicable, that the refpeBive officers fliould hav<a full and com- ||/r

plete command: And whereas feveral of the counties in this ftate are now command- byiTM^!!""1

ed by a lieutenant .colonel commandant, and have not the number of companies or

battalions contemplated by faid acts: Be it therefore enacled, .That in all cafes where

there is not more than four complete companies in any county, they (hall be com-

manded^ by a major and not by a lieutenant colonel commandant.

6. And be it further matted, That the governor is direfted to commiffion all the SonoTMw~ colonels of the different'regiments in the faid new counties as lieutenant colonels com- tt"Je TMie<"

mandants,. and on application to renew any commiffions from any county heretofore

granted, he will commiffion them in like manner, taking fpecial care to preferve the

original old date in fuch renewed commiffions, any law to the contrary notwithftand ing.

^ 7. And be itfurther enacled, That all the minifters in orders, be, and they are her e-^1^"-.

by exempted from all duties required by the feveral militia laws of this ftate. And ^TM ""'"

360

MILITIA,

that fo much of the, militia laws now in force as militate with or contradict-this law, fhall be, and the fame are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of -Rcprefentatives, BENJAMIN TALIAFERRO, Prefidcnt of the Senate. GEORGE MATHEWS, Governor.
Concurred January 8, 1795.

An acl to organize the militia in the feverat new counties of this Jldte,

Cottirnisslofls ef officers 3a

^ ENACTED by the Senate ~and Houfe. of Reprefentatives in General

AJfemlly met, and by the authority of the fame, That the commiffions of all

officers in the new counties fhall be, and they are hereby declared to be null and

void, from and immediately after new elections fhall have taken place therein; and

SSilrgSze his excellency the governor is hereby authorized and required, within two months,

-therein'."* to organize the militia in the new counties of Bullock, Jackfon, Jefferfon and Lin

coln, into regiments, battalions and companies, agreeably to an aft pailed at Au-

gufta, to revife and amend the militia law of this ftate, and adapt the fame to the aft.

of the congrefs of the United States, p affect the eighth day of May, one thoufand .

feven hundred and ninety-five.

2. And be itfurther enaBfdt That for the general convenience of the citizens, and

more equal arrangements of the divifions and brigades, that the counties of Bullock

and Jefferfon be, and they are hereby added to the fecond brigade of the firft divi-

fion, and the county of Lincoln to the firft brigade of the third divifion, and the

county of Jackfon to the fecond brigade of the third divifion.

segroesand 3- And be it further enabled, That the officers of the militia in the firft brigade in

i>oer,sa"rswng0' the firft divifion, fhall be authorized and empowered in the refpeQive patrol diftrifts,

}?omt!hewst-to apprehend any negro, muftee or mulatto freeman or freemen, flave or flaves, who

Jjrii?i>s5i5d!?.ala" fhall hereafter arrive in any port of this ftate, from any of the Weft-India or Baha-

tZ rea"ma Iflands, and to keep fuch muftees, negroes r mulattoes in clofe and fafe cuftody

until they can be examined before the corporation of Savannah, or any three juftices

of the peace for any of the counties lying in the faid divifion, who are hereby authori

zed to caufe fuch freeman or freemen, flave or flaves to be exported at the expence of

the importer or owner, which fuch importer or owner is hereby made liable for as well

as for the expence of apprehending or keeping fuch perfons.

THOMAS STEVENS, Speaker of the Houfe of Representatives.

BENJAMIN TALIAFERRO, Prefident ofthe Senate.

JARED IRWIN, Governor.

Concurred, February 22, 1796.

An act to provide more effectually for training the militia ofthisfate.
W HEREAS the appointment of the officers, and the power of training the mili tia of .the feveral ftates, according to the difcipline prefcribed by congrefs, is fecured to them jrefpeftively by the, conftitution of the United States; And whereas it

K evident from the experience of age?) that to be prepared for war, is the greater! fecii-

rity of the peace of a nation; and that a well organized militia ought to be confider-

ed among the fi'rft objects of a free people : Aiid whereas many of the officers com

manding the militia of this flate, have not been fufficiently inftruftedin the pratliceof

the faid difcipline, to enable them to teach the fame to the privates under their com

mand, for remedy whereof: 1. Be it enacted by the Senate and Houfc o/Reprtfenfaiives ofthejlate of Georgia in ^^*

General Affembly met,, and by the authority of the fame, That it (hall and is hereby SS^.v

declared to1 be the duty of the adjutant general, to convene all the field-officers, and K^1,^ the brigade infpeQors of.each refpeQive brigade^ once in every year, at fuch conven- eacllbr'siulc''

ient time and place therein, as may be agreed on by him and the officers command

ing the fame, for the purpofe of aiding and affifting the faid officers in carrying

into effett, the difcipline prefcribed by congrefs; and it (hall be the duty of the

faid officers to attend accordingly* fully and completely equipped as the law di

rects, and to conform to fuch rules and regulations as the faid adjutant general

may deem neceflary for that purpofe, for a term not exceeding two days at any one

meeting} Provided however, That fuch rules and regulations be not contrary to law,

2. And be itfurther enatted, That it fhall be the duty of the brigade infpe&ors, and^^g,^,,..^

they are hereby required to attend at the ufual place of regimental mufters in each regi- EJ^'co'"1^.

ment, within the feveral brigades to which they, refpeflively belong, twice in every year, J$Snct"fantt

at-fuch convenient time as they may appoint, for the purpofe of inftruQing and train-twtVaEycarf

ing the adjutant and company officers thereof; and the better to carry the fame into

effecY, to eftablifh an uniform difcipline thoughout the flate, it fhall be the duty of the

captains, fubatterns and adjutant of each regiment, with the firfl ferjeant of the feve

ral companies, and they are hereby required to convene at the regimental mufter

ground therein, in complete uniform, agreeably to law, each commiffioned officer

with his commiffion. at fuch time as the brigade infpeQor may appoint, as aforefaid,

equipped with a mufket, bayonet, cartouch box, belt, and at leaft fix cartridges ; and

illch captain, fubalterns and adjutant, fo convened, mall form a company ; and be

fubjeQ to fuch orders,, regulations and reftrictions, as he may deem neceffary, to

teach and enforce the difcipline prefcribed by congrefs, fora term not exceeding two

days at any one meeting.

3. And be it further enatted, That it fhall be the duty of the brigade infpeclors, on And en <meo-

due notice by the officer commanding the refpeclive regiments,.to attend all the regi-aifr^Sii

mental mufters in the brigade to which they feverally belong, for the purpofe of aid- im'stoi'

ing and affifting the officers on parade, and inflrucling them in their duty in their fev

eral places. And it fhall be the duty of the adjutant ofthe feveral regiments, on like The niljiluiit

notice, to attend all battalion mufters for the purpofe aforefaid.

toattemi bVt-

4. And be it further enatted, That it {hall be the particular duty of the officers ^l^T'

commanding companies, and of the adjutants, to inftrucl: and train the non-commif-TMTMPan>rolii-

fioned officers and privates, in conformity to the difcipline fo to be taught them as

aforefaid; and the faid field-officers, company officers and adjutants, fhall, and they

are hereby declared to be liable to trial by courts martial, and to all the pains, penal- j,incsforne ,

ties and difabilities, prefcribed by the law for non-attendance, difbbedience of orders, ^ """^

or ungentleman-like behaviour, in regard to the aforefaid fervice.

5. And be it further enaftcd, That the adjutant general fhall be allowed two dol- Ad,ltant ene lars} the brigade infpeftors one dollar and feventy-five cents,-the adjutant one dollar ^f"TM^**

Zz

36a

MILITIA.

slid fifty cents, and the dram majors and fife majors, one dollar per day each, for their fervices, while on aclualduty in performing the aforefaid fervice ; the accounts of the adjutant general for the fame, being firft certified by a major general or the com mander in chief; the accounts of the brigade infpeclors by a brigadier general; and thofe of the adjutants by a lieutenant colonel. And for the more eafy and effectual tranrrnitting of military orders, <scnai cm- 6. Be it further enaSed, That the major generals and brigadier generals be, and' JfoTMTMxpreSes. they are hereby vefted with power to employ fuch perfon or perfons as they may deem neceffary, to ride exprefs, for tranfmitting fuch orders as in their judgment may be for the good of the public fervice; and that fuch perfon fo employed flaalS be allowed at and after the rate of one dollar per day, during the neceflary time.they are a&ually engaged in performing fuch duty, to be paid by the governor out of the contingent fund, upon their producing a certificate of the general officer fo employ ing them:. Provided, That a day's riding of an exprefs be not lefs than thirty-five miles per day. jrurther ex- 7. And be it further enabled. That the founders, potters, forgemen, fteel makers, emptions from nai/l manufacturJers, colliers, to' geth. er wi. th. the man' agr ers an' d th&ei.r cler'ks, who now. 5 are, or may hereafter be actually engaged and employed in carrying on the adullam. and all other iron works within this ftate, be and they are hereby exempted from mi litia and all other public duties, while fo employed.
DAVID MERIWETHER, Speaker of the Houfe-o/Reprefentatives. ' DAVID EMANUEL, Prejident of the Senate. JAMES JACKSON, Governor. Affented to February 2, 1798.

An acl to alter and amend the militia lazo of this flale, and to provide for arming ths militia thereof.
* \]I7" HEREAS the defence and fafety of republican ftates, muft greatly depend V V on their militia, which cannot be well organized and difciplined without
arms and experienced officers; and no adequate provifion has been made by this ftate for the attainments of thofe definable objects : Be it therefore enabled by the Senate and Houfe of Reprefentatives ofthejlate ofGeorgia in General Ajfembly met, and by theauthoriFiew-oftcen ty of'thefame, Thatthe field-officers in each county fhall have power to arrange anddefine StiXcom- the company and battalion diftri&s, foas to make the fame compact and convenient for '1>m"a exercife; and where they fhallbe of opinion that any alteration or alterations are neceffaryinany ofthediftriftsaforefaid, they {hall tranfmit an account of fuch alteration or al terations to the commanding officer of the brigade to which the company or battalion belongs, for his approbation; and if he approves of the alteration or alterations, the company or battalion diftrift, as altered, mall thenceforth be the diftrift of fuch com pany or battalion, any law or ufage to. the contrary-notwithstanding: Provided^ jjr8. That nothing herein contained mall extend to authorize or empower the faid fieldofficers to make any alteration or alterations that fliall or may derange or deprive any officer of his comrniffion, rank or command.
2. And be itfurther enaBed, That all fines incurred by the militia when not in the fervice of the United States,, fhall be applied and difpofed of for military purpofes?,

MILITIA.

gt>3

'the good of the militia fervice, and at leaft one moiety of the fame mall be applied

for the payment of non-commiffioned officers, and apportioned among them ac

cording to the fervice performed by them refpeftively.

3. A lid be it further enacted, That his excellency the governor mall be, and he is Thc Kovmav

hereby empowered and required to purchafe on the belt terms, one thouiandmufkets TMe"KS

and bayonets, five hundred pair of horfemen's piftols, and five hundred fwords; and Kjtea'hoJ. as foon/ as th e fame can tbe procuredT , Ithey ln haltl ibie idepohrt*edi at thi e ireat olr govern- m^henu'snpdisrtoeld* &

ment, and lhall be. fold out by the keeper of the public arms or magazine, to the mi- ^^f^

litia of this ftate for felf-defence, at coft and charges.

m|a"nt thc

4. And be it further enatfed, That the keeper of the public arms mail be anfwer--^*,^ 0"8

able for the {afe keeping of the fame, and that he (hall annually, on the firft Monday ^cSebde

in January, account with and pay the treafurer of this ftate, all fuch fum or fums of !!rMfcklK!"

mo'ney as he mall or may from time to time receive in payment of any of the public y"iycw1"htte

arms 'a> lor,e.la.m,.

'

'

.

treasurer.

g. And be it further enacted, That the officers commanding court-martials, fhall co

Iceep a record of the proceeding of fuch courts, and fhall alfo keep a record of the

receipt and difburfement of all monies which may be impofed by any court-martial

fo ordered, for the infpeclion of any perfon or perfons whatfoever.

DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives, ROBERT WALTON, Prefident of the Senate,

Affented to February 18, 1799. JAMES JACKSON, Governor.

MILLS.

An an to regulate the toll to be taken at mills.

l. ~OE IT ENACTED by the Reprefentatives of thefreemen of the Jlatc of Georgia uftaiOaii

Jl3 in General Affembly met, and by the authority of the fame. That all owners or fn'taral'm

occupiers of mills mall well and fufficiently grind, or caufe to be well and fufficiently take'.oTM

ground, all clean and dry grain brought to their mills, and in due turn (as far as five'"'1'

bufhels) as 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 thejuftice may judge) or not in due turn

or take or exaCt more toll, fhall for every fuch offence, on proof thereof, by one or more credible witnefs, forfeit and pay a fum not exceeding fifteen millings, tothepar- \JjjVy for

ty injured, recoverable with cofts, before a juftice of the peace, of the county where S ""^

fuch offence mail be committed. Provided always, That every owner or occupier of

a mill, may grind his, or her own grain at any time.

Provis*'

By order of the Houfe.

Augufta, January 26, 1786.

WILLIAM GIBBONS, Speaker. !

364

NAVIGATION OF RIVERS.

An aft to prevent perfons throwing ballajl or rubbifh, or falling trees into the riven ant navigable creeks within this province, and for keeping clear the channels of the fame.

i, 2, 3, 4, Re-enafted with amendments by aft of 1765. I'crsomob- 5. And be it enabled by the authority aforefaid, That if any perfon or perfons after mv^atfmof the time of palling this aft, (hall cut or caufe to be fallen or cut down any trees con-. ji'S'how t tiguous to the rivers or navigable creeks by this aft intended to be kept free and paffa,-
bje for {hipping, periaguas, and large boats, and fuch trees fo felled and cut down, mall happen to fall into the faid rivers, or into or acrofs the fajd navigable creeks, the per fon or perfons fo falling or caufing the faid trees to be fellen and cut down, fhall forth with clear the faid rivers or navigable creek,s 9 of the fame, at his or their fole coft and expence; and in cafe of his or their neglecl or refufal, fo to do within ten days, any one juftice of the peace of the pariih or diitrift where the fame fhall happen, may, and is hereby authorized on information on oath to him thereof given, forthwith to. iffue his warrant to the conftable of the faid"pariih or diftrift, to caufe the faid tree.or trees to be removed out of the faid rivers or navigable creeks, and the expence attend ing the doing thereof fhall be paid and difcharged by the perfon or perfons fo falling or caufing the faid trees to be felled and'cut down, and fuch juftice is hereby fully au thorized and empowered to iffue his warrant for levying the fame, together with the charge attending thereon, by diftrefs and fale of the goods and chattels of fuch of fender or offenders, and for want of fufficient diftrefs, to commit fuch perfon or per fons offending as afore faid to prifon for the fpace of thirty days, or until payment grpvuo. fhall be made as aforefaid; Provided neverthelefs, That nothing herein contained fhaU extend, or be conftrued to extend, to include, or to make clear) or navigable any creek not navigable at the time of palling this aft.
LEWIS JOHNSON, Speaker.
JAMES. HABERSHAM ?;
.JAMES WRIGHT,
April 7, 1763.

* An act to amend " An act, to prevent perfons throwing lallafl or rubbifh or falling trees in the rivers and navigable creeps within this province, andfo.r keeping ckqr ihe channels of the fame.
?reai>ta;. * "\ \ 7HEREAS in, an.d by an aft pafled in the fecpnd feffion of the fourth Ger\e-. V V ral Affembly of this province, entitled " An a6l to prevent perfons throw
ing ballaft or rubbifh, or falling trees into the rivers or navigable creeks within this province, and for keeping clear the channels of the fame," It is therein and thereby enBa.iisst.rubjtrish, acted, That if at any time from and after the pailing the faid aft, any mailer or owthe'navigaHoi8 ner, or any perfon afting as mailer or owner of any {hip or other veffel whatfoever, Viwrcnxo'vsd. fhall caft, throw out or unload, or if at any time from and after the time aforefaid, ' there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel v/hatfoever being or riding within any port, road, channel, river or navigable creek, within this province, any ballaft, rubbifh, gravel, earth, ftone, or wreck, but above, high water mark (except the fame be thrown out,for the purpofe only of filling u,r>,
* &$ of 1774., fed. 5,

NAVIGATION OF RIVERS.

365

where wharfs may be erecting or erected under the banks of bruffs of fuch river or

navigable creek, it fhall and may be lawful for ahy one or more jufticc or ju Rices of

the peace for the parifh or diRrict where or near which fuch offence .fhall be committed,

upon information made on oath thereof, and he or they are hereby authorized and re.

quired to fummon or iflue out his or their warrant or warrants, to apprehend or bring

before him or them, the mafler or maRers, owner or owners, of any fuch {hip or other

veflel, or other perfon orperfons acting as fuchagainft whom fuch complaint or infor

mation {hall be made or given, and upon his or their appearance or making default in

appearing to proceed to examine the matters of fact, and upon due proof made either

by confellion of the party offending, or on view of fuch juRiceor juRices, or upon the

oath or oaths of one or more witnefs or witneffes (which oath or oaths the {"aid ju Rice

or juRices are hereby required to adminifler) that any ballaft, rubbifh, earth, gravel,

ftone, or wreck, hath been eafl, unladen or thrown out of or from any fhip or other

veflel, the maRer or maRers, or. perfon or perfons acting as matter or maRers thereof,

fhall be adjudged, and he, and they are hereby refpeQively declared to be the offend

ers againft this act, and he and they being by fuch juflice or juftices (or by any of the

ways or means aforefaid) thereof convi&ed, ftiall forfeit and pay for every fuch of

fence, any fum not exceeding eight pounds, at the difcretion of fuch juflice or jufti-osemkrssiwii

ces, jetty

the for

one moiety thefupport

thereof to the informer, and the other, moiety thereof, to of the poor of the parifh, wherein fuch conviction {hall

his he

map ro _

e

8lui'un<ls -

nounced. And whereas the; fine of eight, pounds in and by the faid act irnpofed and

fet, is found greatly deficient for preventing the evil thereby intended to be prevented : Sm. is Ill8uf'

JBe it therefore ena&ed, That from and after the pafling of this aft, if any maRer orTheyiuinw

owner or any perfon acting as maRer or owner of any fliip or other veflel notj exceeiiingq

whatfoever, fhall caR, throw out or unlade, or if there fhall be caR thrown out, or vo'miis!mdrt:*

unladen from or out of any fhip or other veflel, being or riding within any port,

road, channel, river, or navigable creeks within this province, any ballaR, rubbifh,

gravel, earth, Rone or wreck, but above high water mark, (except as in the faid act

excepted) every matter or owner or any perfon acting as fuch as aforefaid, mail be

deemed the offenders, and {hall forfeit and pay for every fuch offence, a fum not ex-.

ceeding three hqndred pounds Reding, to be recovered and applied as herein after di

rected.*

2. And for the more fpeedy determination of offences againft this act, Be it enc- Tliec,,i(:fJU8.

ted. by the authority aforefaid, That information on oath being made of fuch ofFence/iSS^?1'*

before the chief juflice, or one of the affiRant juRices of the general court of pleas Se2f"udA.

of this province, the faid chief juflice and juRices, or any or either of them, are offewes'

hereby required and directed, forthwith to iffue his or their warrant to apprehend

the offender or offenders, and oblige him or them to find fufficicqt fecunty for their

appearance at the court to be holden for that purpofe,. and to abide the judgment

thereof; and in cafe fuch offender or offenders fhall neglect or refufe to find fuch fe-

curity, it fhall and may be lawful to and for the faid chief juflice and affiRant juf

tices, or any or either qf them, to commit fuch offender or offenders to the common

jail of SavanfTah, until the determination thereof; and the faid chief juRice and juf

tices, or any or either of them, are hereby required and direted to order and ap- f^'f,^*?

point a court to be held within feven days after fuch information made for the trial '^jj^^

of the matter of fact, and to proceed therein agreeable to an act of the General Af-

Ifimbly, entitled " An &Q. for holding fpecial or extraordinary courts of common

* See aft of

NAVIGATION OF RIVERS.
rpleas for the trial of caufes arifing between merchants, dealers and others, andfhip mailers, fupercargoes, and other tranfient perfons." men, and hw 3- And be it enacted by the authority aforejaid. That if any offence mall be coinb'nSc'S'of* mitted againfttbis aft. in any part of this province, where information thereof cannot uicyeate. {peedily be made to the chief or afliftant juftices of the general court, it mail and may be lawful for any jullice of the peace in the parifh wherein the offence mall be committed,-to receive fuch information on oath, and to bind over the offender or offenders, and the informer or informers, with fufficient fecurities to appear as aforefaid; and the (aidjufticeis hereby required to tranfmit fuch information immediately to the chief or afhftant juftices, who are hereby required to proceed in the fame man ner as if the fame had been made before him or them. forfeituresimd 4. And be it further enatted by the authority ajorefaid^ That all forfeitures, incuratei.*" 10 " red by virtue of this act fliall be, one moiety thereof to the informer and the other moiety thereof to his majefty, for the ufe of this province, to be paid into the hands of the treafurer of this province and to be applied for clearing and keeping clear the ri vers and navigable creeks within the fame.
ALEXANDER WYLY, Speaker, JAMES HAB'ERSHAM, Prefident. JAMES WRIGHT. March 25, 1765,
An aft for charing out Ogechee* River and Brier CreekA'
* \7l7 HEREASthe river Ogechee and Brier Creek are capable of being made V V navigable for boats, a confiderable diflance higher up thofe ftreams than
they are at prefent, and it is an object of the firft confideration, to improve the na vigation of the water-courfes capable of being made ufeful; Be it therefore enaffied by the Senate and Houje of Reprefentatives of the Jlate of Georgia in General Ajfembly mek^ and by the authority thereof., That Michael Shellman, Thacker Vivion, KinaCPpTMSScrs dred. Brafil, Stephen Mills, Ifrael Bird, John London, Jeffe M'Call, Stephen Denc!"cr and '& mark, Jofhua Loper, and Drury Jones, be and they are hereby appointed commifereek. (ioners^ for clearing out the river Ogechee : And that David Robinfon, Jonathan Afhberry, John Whitehead, William M'Norrel, William Moore, and William Skinner, be and they are hereby appointed commiffiohers for clearing out Brier Creek; and the faid commifiioners, or a majority of them, are authorized to take, receive and apply all fuch monies as may have heretofore been, or may hereafter be appropriated by the legillature, or as have heretofore been or may hereafter be fubicribed, prefented or given by individuals, for the purpofe of clearing either of the water-courfes aforefaid; and to fue for and recover of any fubfcriber or fubfcribers, all fiims of money, or the value of any fpecific article or articles^ which may have been or may be fubfcribed and not paid before any court or tribunal, having cogni zance of debts to fuch amount, in the county where fuch fubfcriber may relide. Tiidt powers. And the faid commiffioners are authorized and required to apply all monies or fpecifics fo received or recovered, towards carrying the purpofes of this law fully into ef fect, in fuch way or manner as they,, or a majority of each board may deem moft effec-
* See aft of 1798. f See aft of 1797.
J Comtniflkmers appointed for B ullock county by at of 1798, fcft. i>

NAVIGATION OF RIVERS.

tual and proper. And the faid commiffioners, or a majority of each board, are authori

zed and required to contrafcl with any perfon or perfons, for clearing the laid ftreams,

to w'it: The river Ogechee as high up as Louifville, and Brier Creek as high up as

Walker's bridge, in fuch manner and method a;; in their judgment may heft promote

the'convenience and advantages thereof: Provided, That the work mall be com

menced at fuch places as may require it neareft the mouths of the laid dreams, and

fhall be progreffed upwards and not otherwife.

2. And be it further enatted, That where any mill-dam-is already built, or may Locks to i>e

hereafter be built acrofs the faid river or creek, below the places before mentioned, jjjsebuljJjne

the proprietor or proprietors of fuch mill-dam or dams, fhall within four months af- cwiiem, en

ter the paffing of this aft, ereft or prepare a gate, lock or paffage, fufficient andi>ot,&c.

convenient for the paffage of any boat, raft or rafts of timber, boards or fcantling,

capable of being carried down fuch ftream, if fuch dam were not there; and if the

proprietor of any mill-dam, fhall fail to ereft and keep fuch gate, lock or paffage,

within four months after the paffing of this at as aforei'aid, then it fhall and may be

lawful for the faid commiffioners or any of them, or any perfon appointed by them,

to break down and deftroy every fuch mill-dam or dams; and the owner of any boat,

veffel or raft, which may be hindered or obtained by reafon of fuch dam for want of

a proper gate, lock or paffage, or by reafon of not opening the fame when required,

may recover of the owner or proprietor or manager of fuch mill-dam or other flop-

page, five dollars for every hour fuch boat, veffel or raft may be detained by the reafon

or means aforefaid, and any court or lawful tribunal having cognizance of debts to

the amount of the damages ftated in. the county where fuch mill-dam may be, is au

thorized and required to give judgment on good and fufficient proof of the fafts

before them, (the defendant being firil fummoned to appear and anfwer the complaint)

againft fuch owner, proprietor or manager, in terms of this aft, and award execution

thereon.

/

3. And be it further enabled, That all hedges, flops or weirs, already ma'de, or which HedM,wet,

may hereafter be made acrofs the faid river Ogechee, below Louifville, or acrofs Bri-removed.'0b*

er Creek, below Walker's bridge, fhall be taken up and removed by the perfon or per

fons who made or placed, or caufed the fame to be made or placed, within two months

after the paffing of this aft, or at any time thereafter, any hedge, flop or weir, or any

part of either fhall be flanding or remaining in the faid river or creek, below the places

before mentioned, the faid commiffioners or either of them, or any perfon by them ap

pointed, fhall have power to remove, or caufe to be removed, fuch hedge, weir or flop,

and {hall recover of the perfon who made or placed, or caufed to be made or placed

the fame, double the amount of the expence attending the removal thereof, in man

ner herein before prefcribed, for recovery of the damage fuflained by the hinderance

of any boat or raft ; and if the perfon fo offending, h?th not wherewithal to pay the

fum fo awarded againft him, he (hall be compelled to work on the faid ftream, in

clearing it out, a time fufficient to difcharge fuch forfeiture, agreeably to the rates of

labor then cuftomary, or fhall be committed to jail not exceeding two months.

4. And be it further enacted, That the faid commiflioners, or the perfon or per

fons employed or appointed by them, may lawfully cut down, and take off the lands Sjt'e

of any perfon or perfons adjacent to the faid river or creek, fuch and fo many timber ^JStpur"''

trees or other trees, as fhall be neceffary for the purpofes of this aft,, and fhall not be^

liable to pay any price or damages therefor,

5. Ami be it farther enatted. That if any perfon or perfons mall fell any tree or JTM^^,,,

trees into the faid river or creek, or caufe the fame to be felled, and fhall not cut up sl^'*

3v>8

NAVIGATION OF RIVERS,

and rcmoVe the fame within the period of forty-eight hours after fuch felling, fuch

pci fon Ihall, on conviction before any juftice of the peace for the county, forfeit and

pay the furn of five dollars for every tree fo felled into the faid river or creek, and

not removed as aforefaid; and fuch forfeiture Ihall be applied, one half to the ufeof

the informer, and the other half to the purpofes of this act.

!^TTM !iwn"ie& 6. And be it further enaBed) That the faid commiffioners mail each of them give

iKcurity. bond, with fufhcient fecurity, to his excellency the governor, in the (iim of onethou*

land dollars, faithfully to apply all monies which come into their hands, towards car

rying into full effect the intention of this act; And in cafe of the death, refignation or

refufal to act, of either of the commiffioners herein before named, his excellency the

governor is authorized and required to fill fuch vacancy.

7. And be it further enabled, That the faid commiffioners fhall, on or before the

Syrctui govern

i

to of

taihieTfirlt

day

of

January in each year,

make a full and fair return of all monies by them

monies fUld pa

I

an

if.

received

and paid in conformity to this act,

to his excellency

the governor,

together

with the progrefs they may have made in the execution of their duty; and the faid com

miffioners (hall be allowed two and an half per centum on alimonies by them received

and paid away in manner aforefaid.

Ataxj.ohcic- 8. And IE it further enafled, That a tax fhall be, 'and is hereby levied on all lands

tscnt lands, adjacent to either of the faid ftreams, over and above the taxes already impofed by

law, or which may be impofed for county ufes, in the follow ing manner, to wit: Fif*

ty cents on every,hundred acres of land within one mile of either of the faid ftreams,

and below, within one mile of the places herein named; thirty-feven and an half cents

on every hundred acres of land within two and over one mile of either of the faid

ftreams, or of either of the places aforefaid; and twenty-five cents on every bun*

dred acres of land within five and above two miles of either of the faid ftreams, or

how to iw coi. f either of the places aforefaid; and all perfons liable to pay fuch tax, are required

kdicd, to pay the fame to any one of the faid commiffioners who hath given bond as afore

faid, on or before the firft day of November next, otherwife the faid commiffioners,

or a majority of them, may iffiie execution againft thofe in default, directed to the

fheriff or his lawful deputy of the county wherein fuch land lie, who may levy the

fame on the goods and chattels of fuch defaulter, if any to be found in fuch county,

and if not, then on a part of fuch lands competent to pay the tax due by fuch perfon ;

and may after three months' public notice thereof, in the gazette of Savannah or Au-

gufta, if the owner of fuch lands do not refide within fuch county, or after thirty days'

public notice in three or more public places in the county, if fuch owner be a refident

of the county, expofe the fame to public fale tothehigheft bidder; Provided, That no

proviso. more than a proportion of one tenth part of the faid lands belonging to any one per

fon fha!l be liable to fale under and by virtue of this act: And provided alfo, That

NTMv'(ve'aor- tn e lands of orphans or infants under age, who have no guardian to act for them, (hall

i**TM. no(; kg uable to fale as aforefaid.

THOMAS STEVENS, Speaker of the Houfe of Reprefent&tities.

BENJAMIN TALIAFERRO, Prefident of the Senate,

Concurred February 22, 1796.

JARED IRWIN, Governor.

NAVIGATION OF RIVERS.

3%

act to improve the navigation of Brier Creek from the line dividing the counties of Burke and Striven, to the mouth thereof.

E IT ENACTED by the Senate and Houfe of Reprefcntatives of the /ate o/PmoKS liabb!!e > Georgia in General Affembly met, That the male inhabitants of the county of'SSV'in Scriven, from the age of eighteen to forty-five years, which do or may refide within 8"'TM1* two miles of the laid creek, {hall be, and they are hereby made liable to work on and improve the navigation ofthe faid creek, from the aforefaid lines of Burke and Scriven to the mouth thereof, by laboring thereon three days each year, under the penalty of one dollar for each day, which any perfon or perfons as aforefaid, fhall neglect or refufe to work or aid in improving the-navigation of fuch creek ; and the mafter, owner or other perfon or perfons, having the charge or cuflody of any flave, or other perfon bound to fervice, or under the age of twenty-one years, fhall be, and they are herebymade liable to pay for the default or neglect of any fuch perfon or perfons whatever. 2. And be it further enafted, That the inferior court of the county of Scriven, fhall ^$,5^, be authorized to appoint commiffioners to improve the navigation of the faid creek ; rai"*(mM"'" who are hereby authorized to call or fummons the faid inhabitants, and by theirjoint labor to improve and open the navigation of the faid creek ; and they the faid comraiffioners reflectively , fhall iffue execution againtt the feveral perfons, who may neg lect or refufe to comply with the terms ofthis act, and to apply fuch fum or fums of money, as may be fo received, to and for the ufe and benefit of the navigation of the faid creek. 3. And be it further enacted, That fuch perfons as are required by this al, to aid !^TMst*>1rtin the improving of the navigation of the aforefaid creek, (hall be exempted from work- f^^y* ing on any public road. 4. And be it further enatfed, That every perfon or perfons, liable to work as afore- what tools an faid, (hall bring with them one good axe each } and fuch other tools and implements, as teuse'd."1" " the laid commiffioners may direct; and every perfon or perfons, neglecting or refuiing to bring fuch tools and implements, as may be required as aforefaid, (hall be fined in a furn not exceeding one dollar each,, per day ; and the owner, manager or em ployer of any Have or flaves liable to work, and neglecting or refuting to bring the tools or implements required by the commiffioners as aforefaid, (hall be fined for each (lave neglecting or refilling as aforefaid 5 in a fum not exceeding one dollar each per day ; to be recovered by warrant under the hand and feal of the faid commiffioners or a majority of them, directed to the fherifF or any conftable of the county in which they refide; and it fhall be the duty of the faid fheriff or conftable to levy and make fale of the defaulter's goods and chattels, as in cafe of execution and levy, ordered by the fuperior or inferior courts in this ftate.
5. Be it further enaSied, That all other acts or parts of acts for the improvement Re^aiuj of the navigation of the aforefaid creek, fo far as militates againft this act, fhall be and clai!ic' they are hereby repealed.
DAVID MERI WETHER, Speaker of the Houfe-of Representatives. DAVID EMANUEL, Prejident of the Senate. Concurred February 15, 1797.
JAREI) IRWIN, Governor,
3A

37<?

NAVIGATION OF RIVERS.

An aff to repeal an <{ Aft, for keeping open Little River and Broad River,fofar as it
refpeSls Jofeph Ray, Bazil Lamar, and the heirs of Williamfon, upon certain condi tions."

*!. TTCTHEREAS it hath been found that an aft pa (fed the twenty-fecond day of

V V February, one thoufand feven hundred and ninety-fix, has in its operation

borne hard upon Jofeph Ray and Bazil Lamar, by preventing the profecution of

their defign to ereft merchant mills upon Little River : And whereas, it is of much

more confequence to the community at large, to encourage the manufactory of flour,

than the inconfiderable advantages refulting to a few individuals, from the egrefs of

the filh in the aforefaid river.

'

Theaasofor^ i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the Jlate. of

miiisMtsof Georgia in General AJJembly met, and by the authority of the fame: That fo much of

SlSiedMf' l'ie aforefaid aft for keeping open Little River and Broad River, as refpefts the mill

|TMflcomli" fats of the aforefaid Jofeph Ray and Bazil Lamar, be and the fame is hereby repeal

ed. Provided always nevertheless, That if the faid Jofeph Ray and Bazil Lamar fhall

not, within two years from and after thepaffing of this aft, ereft or caufe to be ereft-

ed and completed a merchant mill each, in which may be manufactured into good mer

chantable flour, one hundred and fifty bufhels of wheat in the fpace of one day, this

aft fli all after the expiration of the aforefaid two years, betaken and confidered, fo far

as it refpefts the aforefaid Jofeph Ray and Bazil Lamar, as not operating to repeal

the aforefaid aft for keeping open Little River; but the fame {hall thereafter be re

ceived and remain in full force and efficiency.

rt*"&sf" 2 - And whereas, a bounty of land upon Little River was granted to Andrew Burns,

Bums'saw ^ confideration of his erecting a faw mill thereon, which was accordingly com

pleted : And whereas it was a departure from the original intention of the legislature,

to impede the exercife of the aforefaid faw mill, by requiring a fluce to be opened in

the dam of the fame.

nepers;

3. Be it therefore further enaSed, That the aforefaid aft for keeping open Little

River and Broad River, fo far as it relates to the aforefaid faw mill, be, and the fame is

hereby repealed.

DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*

DAVID EMANUEL, President of the Senate.

Affented to February 2, 1798.

JAMES JACKSON, Governor.

An aft to amend an aclfor clearing out Ogechee River and Brier Creek.
, * TT| THEREAS a number of citizens of Bullock county hath petitioned this leY V giflature for altering the mode of clearing out the lower part of Ogechee
River: Be it therefore enatted by the Senate and Houfe of Reprefentatives of the Jlate of Georgia, That the juftices of the inferior court of the county of Bullock, be, and sioners they are hereby authorized and required to appoint commiffioners in the laid county, TM ri- for the purpofe of clearing out the river Ogechee, oppofite to the faid county line, " ^ as far as the faid line extends, which faid commiffioners fhall have full power and au thority to call out the inhabitants liable to work on the roads, who fhall work on the faid river? at the time appointed by the laid eommiflionerss fix days in every year.

NAVIGATION OF RIVERS,

71

6. And be it further enabled, That the faid inhabitants, liable as aforefaid, 'fhall be ^STM^TM'' FubjeQ to the fame fines and penalties for not working on the faid river, or for the to'woerkT"8 difobedienceof the orders of the commiffioners, as they are liable to by the road at! of force in faid county, for negleGt of duty or difobedience of orders in working on the faid roads : Provided always, That the faid inhabitants mall not be liable to workrTM-,!*,. on the public roads in the faid county for more than fix days in one year: And pro- m^han^x vided alfo, That the faid inhabitants, upon producing a certificate from the faid com- y2;V^" miffioners, of their having worked on the faid river in clearing and rendering the fame navigable, to the juflices of the inferior court of the faid county, within ten days after working as aforefaidj he or they producing fuch certificate, to be filed of Sfn ^I'lickm,-.! record in faid court, (hall not be liable to the additional tax impofed by the faid aft, Umi"? ctrtaul'
entitled " An aft for clearing out Ogechee River and Brier Greek*" . 3. And be it further enacledj That the inferior court of any of the counties inclu- inf(> ded and made liable to the faid tax by the aforefaid ai> be and they are hereby authorized, upon the petition of a majority of the inhabitants liable as aforefaid, to appoint commiffioners for opening and clearing the faid river, oppofite to the county line of the inhabitants fo petitioningj which faid commiffioners fhall be vefted with like power as the commiffioners to be appointed for Bullock county ; and the inha bitants in fuch county petitioning as aforefaidj fhall be liable to the fame penalties, and entitled to the fame advantages which the faid inhabitants of Bullock county are liable or entitled to by this aft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives, DAVID EMANUEL, President of the Senate,, ' Affented to February 3, 1798. JAMES JACKSON, Governor.

An aSlto incorporate a company for the improvement of the navigation of that part of Savannah River between the town of Peter/burgh and the city of Augujl-a.
i. ^[^[ 7HEREAS the improvement of the inland navigation of every country is rai,twe.'' V V of primary importance to its inhabitants;, and few countries enjoying great
er natural advantages than this ftate for the extenfion of commerce, and it being con ceived that the clearing out and removing the obftruflions in that part of Savannah River, between the town of Peterfburgh and the city of Augufta^ would greatly con duce to the convenience and intereft of the inhabitants fettled in the north and northweftern parts of this ftate: Be it enatied by the Senate and Houfe of Reprefmiatives o/AcorapOT es the ftate of Georgia in General Ajfembly met, and by the authority of the fame, That a ^'j^'^ company mall be eftabMhed, the capital ftock whereof (hall not exceed forty thou-S^jHTM land dollar's, divided into four hundred mares, each fhare being one hundred dollars; SSTrty0 arid that fubfcriptions towards.configuring the faid ftock fhall, on the firit Monday in Lh,x sand ll0'" May next, be opened at the town of Peterlburgh, under the fuperintendance of Sf&wS fuch perfons, not lei's than three, as (hall hereafter be appointed for that purpofe;""" 01*""1' which fubfcription fhall continue open until the whole of the faid ftock fhall have been fubfcribed.
%. And be u further enaclcd, That it ihall be lawful for any perfon, co-partner-when tow fhip, or body politic to fubfcribe, as he, fhe or they, fhall think fit, for fuch or fo ma- v>ai<1-
2

gyz .

NAVIGATION OF RIVERS.

ny fliaves not exceeding thirty, and that the fums reflectively fubfcribed, fhall be pay

able in gold or filver, or bank bills of the United States, to be paid at four feverat

payments, at the diftance of nine calender months from each other, the firft whereof.

fhall be paid at the time of fubfcription.

-me subscribers g. Aiid bt it further enaMcd, That all thofe who fhall become fubfcribers to the

jS'ilm'e'of )y faid company, their Tucceffors and affigns, fball be and are hereby created and made

nahNavieaticn a corporation and body politic by the name and ftyle of the " Savannah Navigation

Company," and by that name fhall be, and are hereby made able and capable in law,

to have, purchafe, receive, poffefs, enjoy and retain to them and their fucceflbrs, lands,

rents, tenements, hereditaments, goods, chattels and'effects, of what kind, nature or

quality foever ; and the feme to fell, grant, demife. alien, or difpofe of j to fne,

and be fued, plead and be imp leaded, anfwer, and be anfwered, defend and be

defended, in courts of record or other place whatsoever: And alfo to make,

have and ufe, a common feal, and the fame to break, alter and renew, at their plea-

fure : And alfo to ordain, eftabliih and put in execution, fuch bye laws, ordinances

and regulations as fhall fccm neceffary and convenient for the government of the

laid corporation, not being contrary to law, or the' conftitution thereof (for which

purpofc general meetings of the fubfcribers to the faid ftock mall and may be called

by (he directors, and in the manner herein after fpecified) and generally to do and ex-

ecute all and fingular acts, matters and things, which to them fhall appertain to do ;

fubject neverthelefs, to the rules, regulations, reflriBions, limitations, and provisions

hereafter prefcribed and declared.

i.eaors,wiicn
slid how cbo-

4.
^

And

be

it further -J

ena&ed.'

That for the well orderingo of the

affairs

of

the faid

'>

corporation, there fhall be nine directors, of whom there fhall be an election on the

firft Monday of January in each year, by the Rock holders or proprietors of (lock in

the faid corporation, and by plurality of votes, actually given ; and thofe who fhall

be duly chofen at any election, fhall be capable of ferving as directors, by virtue of

fuch choice, until the end and expiration of the firft Monday of January next eniuing,

who snail: the time of fuch election, and no longer; and the faid directors at their firft meeting

<ient.

after fuch election, fhall choofe one of their number as prefident.

Noiicctobe E;- 5- Provided, always and be itfurther enabled. That as foon as the fum of four thou-

STJ5Zfo"v fand dollars fhall have been actually received on account of fubfcriptions to faid

!u"arOTTifaif* ftock, notice thereof fhall be given by the perfons under whofe fuperintendance the

be cho.n. j-um ^ ajj j.jave j3een ma(jCj j n one O f t]ie pybijc gazettes of this itate, and the faid per*

fons fhall at the fame time and in like manner, notify a time and place at the diftance

of thirty days from the time of fuch notification, for proceeding to the choice of di

rectors : And it fhall be lawful for fuch election to be then and there made; and the

per fons then and there chofen fhall be the firft directors, and fhall be capable of

ferving, by virtue of fuch choice, until the end and expiration of the firft Monday

of January next enfuing the time of making the fame, and mall forthwith thereafter

*wr$, commence the operations of the faid corporation. And provided further? That in

cafe it fhould at any time happen that an election of director.? mould not be made

upon any day, when purfuant to this act it ought to have been made, the faid corpo

ration fhall not for that caufe be dilfolved ; but it fhall be lawful on any other day,

to hold and make an election of directors in fuch manner as mall have been regulated

by the laws and ordinances of the faid corporation.

^' ^ n^ ^ e it further enabled, That the directors for the time being fhall have power

-lo appoint fuch officers and fervants under them, as fhall be neceffary for executing

the bufmefs of the faid corporation, and to allow them fuch compenfation for thck

' ,
5 . <f

NAVIGATION OF RIVERS.

373

fervices refpeclively, as fliall bs reafonable; and fliall be capable of exercifmg fuch

other powers and authorities for the well governing and ordering the affairs of the faid

corporation as fliall.be defcribed, fixed and determined by the laws, regulations arid

ordinances of the fame.

ed

>7 And be it further enaBed, /the obftrucliJons in that part'

That when the faid of Savannahi -R* iver

corporation bi etween thi e

fliall town

have fo removofr P-oetednburghi

tWumhesnaroenresmtrsoc-*

and the city of Augufta, that boats carrying a burthen of fifteen hogfheads of to- S"^0

bacco, whenthe water is at its common height, fliall fafely paf's up and down from j^f!1^ 3 the faid town to the faid city, then the faid corporation, and not before, fhall have ' eceive to11-

power to levy and receive a toll on all articles carried up and down the faid river,

which fhall not exceed the following rates, viz.

For every hogfhead of tobacco, thirty-feven and an half cents.

Rates of ten.

For every barrel of flour, four cents.

For every hundred weight of all other articles, except lumber, two cents.

For every thoufand feet of lumber, ten cents.

. And flial! alfo levy a toll in proportion to the diftance from any other place on the faid river, between the faid town of Peterfburgh to the falls of the faid river, next above the city of Augufta. And if any perfon pafiing up and down the river as
aforefaid, with any boat or other veffel with goods or any articles on board, and fhall
refufe to pay the toll aforefaid, or any other rates the faid corporation may eftablifli, not exceeding thofe aforefaid, then and in that cafe the faid corporation fliall have

power, and arc hereby authorized to feize and detain the fame, until the cuftomary

toll fliall be paid.

8. And be it further enacted, That the following rules, reftriQions, limitations and S.Tfaid'"TM^

provifions. fliall form and be fundamental articles of the conftitution of the faid cor- tatlon -

poratioa:

.

ift. The'number of votes to which each ftockhpldcr fliall be entitled, fliall be ac- ^g,"latiollof

cording to the number of fhares he fliall hold, in^e proportions following, that is to

fay : For one {hare, and not more than four fhares, one vote; for five fhares, and

not more than nine, two votes; for ten fhares, three votes; and for every five fhares

above ten, one vote, exclufive of the three to which he, fheor they, may be entitled by the ten fhares.

ad. Not more than one half of the directors in office, exclufive of the prefident;, Eligibility. fliall be eligible for the enfuing year.

3d. None but aftockholder fliall be eligible as a director.

vm&otmM

4th. No direflor or prefident fhall be entitled to any emolument, unlefs the faroe eb,e/ sto'clll">kl-

ihallhave been allowed by the ftockholders at a general meeting.

^.emolument,

5th. Not lefs than five directors fliall conftitute a board for the tranfaclion of any -f, i,.e sha]1 con. bufinefs, of whom the prefident fliall be one, except in cafes of ficknefs, or necefla- stitmte' a board. ry abfence; in which cafe his place fhall be fupplied by another director.
, 6th. A number of ftockholders, not lefs than twenty-five, fliall have power at any pen(:ralT'meettime to call a general meeting of the ftockholders, for purpofes relative to the iofti- m'E)'''"TM

tution, giving at leaft four weeks' notice in one of the public gazettes of this ftate, and fpecifying in fuch notice the objeft or objecls of fuch meeting.

'/th. Every treafurer, before he enters on the duties of his office, fliall be required Tre;i, to give bond, with two or more fecurities to the fatisfaftion of the directors, in a fum gHJ not lefs than five thoufand dollars, with condition for his good behaviour.

8th. Theftockof the faid corporation fliall be affignable and transferable,, accord-^jf

374

NAVIGATION OF RIVERS.

ing to fuch rules as (hall be inftituted in that behalf, by the laws and ordinances of the fame.
vwSatcu'iy'u" 9'th. Yearly dividends (hall be made of fo much of the profits of the ftock as mall appear to the directors advifable, and once in every two years the directors fhall lay . before the [tockholders at a general meeting, for their information, an exact and parti cular flatement of all debts due or owing, and all monies received or expended.
<?u erinten- 9* .And be it further ena-Eled, That Leroy Pope, Robert Thompfon5" Memorable danta'nomuu- Walker, Robert Watkins, of Peterfburgh, John Oliver, Robert Ware, Newel Wal-
ton junr, and James Hughs, are hereby appointed fuperintendants to open the fubfcwptiona and to fuperintend and conduct the bufmefs of the faid corporation, until organized according to prefcriptions and limitations of this act. corporation i o. And be it further end&ed, That the faid company fhall remain and continue a botwciiyyeaTM dy politic under the reftrictions limitations and provifions aforefaid, for the term of twenty years and no longer, the term of twenty years to commence from the day when the faid corporation fhall order the reception of the toll according to the con ditions of this act.
Directorsshaii ii.^e it further enacted, That when the river aforefaid fhall have been fo clearSutivcwi?cn ed out, and the obftructions fo removed as contemplated and required in the feventh cicarcvdeoit. fection of this act, a report thereof by the directors fhall be made to the executive
department, who fhall appoint perfons not lefs than three, to examine and report the improvement made on the faid river, by the faid corporation, from the town to the city aforefaid, and if the faid perfons fo nominated, after due examination mall report that the portion of the river aforefaid, is fo improved in its. navigation, and its obitructions fo removed, that boats of the burthen mentioned in the feventh fection of this act, can fafely pafs from the town to the city aforefaid, then, and not before, the faid company or corporation fhall be empowered to levy or receive the toll at the rates aforefaid.
The funds of 12 - A nd be itfurthef enabled, Tuiat nothing herein contained fhall extend, or be be'affcaed 0"0 confbued to extend to affect in ah)1 manner the funds of this ftate or any part thereproviso, of : Provided always, That the operation of this and every part thereof fhall be arid
the fame is hereby fufpended until the legiflature of South-Carolina fhall pafs a law or laws diablifhing the company aforefaid, and giving the faid corporation the like powers of levying a toll on the produce of that ftate, as is given by this act, to the faid proviso. company, over the produce of this ftate: And provided, That nothing contained in this act ihall prevent the next legiflature from repealing the fame.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives, ROBERT WALTON, Prejident of the Senate, Affented to February 14, 1799.
JAMES JACKSON, Governor.

An a$ to appoint commifjioners for the purpofe of co-operating with thejl.aie of SouthCarolina., in improving the navigation of the river Savannah, from the city of Au* gujla to the cily of Savannah.
i. T 7| 7HEREAS it is conceived that it will very much advance the agricultural V ? and commercial interefts of this ftate, to remove as much as poffible all

NAVIGATION OF RIVERS.

375

obftructions to the navigation of the river between the cities of Augufta and Savan

nah, and will be productive of confiderable advantages to trade and induftry in gene

ral, therefore, Be it enacted by the Senate and Houfe of Reprefentatives of the Jiate of

Georgia in General Ajfembly met, and by the authority of the fame, That the corpo- commissioner

ration of Savannah fhall appoint three fit and difcreet perfons, and the city council of to^ln'Snis-

Augufta a like number, as commiffioners to join any who have been, or hereafter may nominated"^ ibe appoi nted, ',by th1e,.ftate ofr oSouthI -Cr, aroli i na; wh1 ichl commm rrioners, or a maj ority ol/' ItSowui;th^-fCr10Jar1eo0ltiinlea

them, fhall form a board, to be defignated by the name and. ttyle of a board of com- savannahRU

miffioners for improving the navigation of the river Savannah, and {hall have power ^JTM 5^}1^

to lay and iinpofe a duty or toll on all produce or lumber carried down the faid ri- ^e"ccton"

ver; Provided, fuch toll or duty fhall not exceed the following rates, to wit: On each ToVCio?r"

hogfhead of tobacco thefum offifty cents; on each barrel of corn or wheat flour, twelve Rate!0fto11'

and an half cents; on each barrel of pork, fix and a quarter cents; on every thoufand

feet of plank or lumber, fix and a quarter cents; on every hundred bufhels of corn

fifty cents; on every hundred weight of clean cotton, twelve and an half cents to be

paid by the owners, the factors or agents to whom the aforefaid articles are fhipped ;

and the monies arifing therefrom, fhall and is hereby declared to be a fund let apart

and appropriated for the fole and exclufive purpofe of improving the navigation of

the faid river Savannah, between the cities aforefaid; and veiled in the faid board of

commiffioners, and their fucceffors in office, for the ufe and purpofe aforefaid.

2. And be it further entitled, That the aforefaid board of commiffioners fhall have SiSSoillt *

power to appoint, a collector, refident in the city of Savannah, whofe duty it fhall be

.to collect the aforefaid toll on and every of the articles herein before enumerated,

which may be carried down the faid river to the port of Savannah, and fhall give wllo shan glve

bond, with two or more good and fufficient fecurities, in the fum of five thoufand ^tylTM^TM"

dollars, payable to his excellency the governor, and his fucceffors in office, condi-taUMmado1'

tioned for the true and faithful discharge of all duties impofed on faid collector by this

act, whjch bond fhall be taken by the faid commiffioners, and tranfmitted to the trea-

fury office, fubject to be put in fuit, on the application of the faid board of commif

fioners, for any breach thereof; and any monies recovered thereon, fhall be appro

priated by the faid commiffioners for the purpofe of improving the navigation of the

faid river; and the faid collector fhall receive a commiffion of five per centum on all neshaiirecciw

monies collected and paid by him, in full compenfation for his fervices.

five pet cunt.

3. And be it further enabled, That the faid collector fhall make fair and regular Ami make a

returns of all monies received by him in virtue of this act, and pay the amount, there- rfaiS"'!"TM-

of to the faid commiflioners quarter yearly, or in default thereof, may be fued on his "oV'r'toW

faid bond, and removed from office at the difcretion of the laid board of commif

fioners; and it fhall be the duty of the faid board to keep a fair and regular account

of all monies recovered under and in virtue of this act, and tranfmit a ftatement

thereof to the office of the treafurer of the ftate annually, for the inflection of the

legiflature.

4. And be it further enaffied, That the commiffioners appointed in virtue of this commissioners

act, fhall give bond and fecurity in the fum of five thoufand dollars each, payable to 'r'tyUmfivesc'cu"

his excellency the governor and his fucceffors in office, conditioned for the faithful'r?<Sl.dol~

difcharge of their duties, which bond fhall be taken by the corporation appointing

them reflectively, and tranfmitted to the treafury, fubject to be put in fuit, on the

application of the faid corporation, for any breach thereof; and the monies reco-Money recover,

vered thereon to go to the fund intended to be raifed by this act,

p4tST appl'"'

3'/6

. NAVIGATION OF RIVERS.

be It further enabled, That the fa id commiffioners fhall meet at fuch time n- anc'. place as they may agree on, and proceed to carry this act into effect, in fuch man-
ncr as ; n their judgment will belt promote the beneficial purpofcs for which it is in tended,
DAVID MERIWETHER, Speaker of the Houfe of Refrefentaliws. ROBERT WALTON, Prefident of the Senate. AfTenied to February 18, 1/99JAMES JACKSON, Governor,

.An act to raife money for the purpofe ofopening and improving the navigation ofBroad River,from its junction with Savannah River,, up iliefaid Broad River to I'Vilhite's Landing. -

HERE A S it appears effealial to the intereft and convenience of the citizens

of this flate, refiding on, and near the waters of Broad River, that the

navigation of laid river be improved, by means of which, the produce of thofe parts

may be conveyed with more eafc to market. Be it enacled by the Senate and Houfe of

Reprefenlatives in General AJJembly met, and by the authority of the-fame, That it fhali.

c'SSYtoe ar'd may be 'awful for the commifiioners herein after named, to eftablifh a lottery with-

Sd dSiaw"" m three years from and after the palling of this at, to raife the fum of one thoufand

dollars, under fuch fchemes and regulations, as they, or a majority of them, may deem

necelfary and proper, to carry into effeft the above recited objeS.

commissioners 2 - And be it farther enabled, That Alien Daniel, William Harvey, Edmund Shac-

tScS.itin" klefovd, Reuben Eaiton and Clayborne Webb, be, and they are hereby appointed

coromijtlioners, to carry the aforefaid lottery into full effect.

DAVID MERIWETHER, Speaker of the Houfe of Rcfrefentatiws.

DAVID EMANUEL, Prejident of the Senate,

Affented to December i, 1800.

!

JAMES JACKSON, Governor. \

Anacl to authorize certain commiffioners therein named to ejlablijh a lottery for the purpofe of raifing the fum of three thoufand dollars, to be appropriated to clearing out and improving the navigation of the Alatamaha and Oconee Rivers, commencing from the jea, and continuing as far up as the Rock Landing, and for other purpofes,

I. \ 71 7 HERE AS it appears eflential to the intereft of the people at large, that the

Preamble.

\v/Vv navigati on ofr thi e AA li atamahi a an' di ,O-xconee Rivers inlioulidi ibe i mprovedi, as

far up the latter river as the Rock Eanding, thofe being the principal channels through

which the produce of the weftern parts of this ftate are conveyed to market. And

whereas there are at prefent many obftructions to the eafy navigation thereof. Be it

therefore enafted by the Senate and Houfe of Reprefentatives ofthejlate of Georgia in

fiedeto to-110" General AJJembly met, and by the authority of the fame, That it (hall and may be lawful

" Iltion'Sf the 1' fr ^e commifiioners herein after named, to eftablifh a lottery within nine months af-

ocSaR?v^ ter tn'e PaffinS f this al to raife the faid fum of three thoufand dollars under fuck

OFFICERS, CIVIL ANit) MILITARY.

' 377

fcbemes and regulations as they may think fit and proper for the purpofe of opening

and improving the navigation of the {aid rivers.

2.' And lie it further en-atted by the authority aforcfaid, That Jonathan Fabian, John fp"TM"^.0*14"

Cauper, Ferdinand Ona1 3 Spencer Willfon, David Blackfbear, John Jones and

Samuel Wright, be the commiffioners authorised to carry the lame into e fie 61.

3. Andvukercasth'e manufactory of cotton will be attended with public.utility, and i/ottm;'">'

William M'CSure and JamesThornpfori have propofed to erect machines for that pur--^J^

nofe: Be it therefore further enafted by the authority aforefaid, That it (hall and may be

lawful for the commiffioners herein after named to eitablim a lottery within fix months

from and after the paffing of this aft to raife the fum of two thoufand dollars-, under fuch

ichernes and regulations as may by them be deemed neceflary, the (aid money to be

applied to the ufe and benefit of the faid William M'Glare and James Thompfon, for

the purpofes of erecting and carrying on the machinery aforefaid.

4. 'And-be ii further enatted, That Benajah Smith, Joe! Abot and John Matthews ^t^*'

be, and they are hereby appointed commifiioners to carry the la ft mentioned lottery

into effect.

,

DAVID MERIWETHER, Speaker of the Houfe of Reprefentativt-s-,

DAVID EMANUEL, Prcfident of the Senate.'

JAMES JACKSON, Governor.

'

'

',

Afiented to February 3, 1.798.

6 0 O * 9 6 fe
OFFICERS, CIVIL AND MILITARY,
An act to compel all officers, civil and military, within thi'sjkite, to take and fubfcritos an oath tofupport the conjlilution thereof.
'HEREA.S it isneceffary that all officers;, civil and military, within this ftate,prcmmbli. mould be bound to fupport and maintain the conftitutioh of the fame ;
i = Be it therefore enabled, That all and every officer, civil and military, holding any AH enters office under the authority of this ftate, by commiffion or otherwife, fhalltake and siuiuak^t fubfcribe the following oath, before the clerk of the fuperior or interior courts of folJJ>wmE the county in which he may refide; or if a ftate officer, before his excellency the governor for the time being, to wit: " I) A. B. do Solemnly fwear (or affirm-, as thegfcmi cafe may be) that I will bear true faith and allegiance to the ftate of Georgia, and to tio"' the utmoft of my power and ability obferve, conform to, fupport and defend, the conftitution thereof, without any refervation or equivocation -whatfoever, and the conftitution of the United States. So help me God."
2. And be it further enatied. That all officers who are now in cotnmiflTiorr, civil or. military, except fuch ftate officers as have been eleQed by the General Afitmbly at this Before \vh prefent feffion, and have been duly qualified before his excellency the governor, iliall, betaken. within the term of fix months, take and fubfcribe the aforefaid oath, in manner and form aforefaid, which {hall be made of record by the officer before whom it is taken; and in cafe of refufal or.negleti of any officer, his office .{hall be confidered null and void, and his excellency the governor is hereby authorized and required to fill up fuch vacancy, in the fame manner as if it had been made by death, reiignation or re^ moval from the diftrici-: And in cafe any fheriff, clerk of the fuperior or inferior
3B

378

6FFICERS, CIVIL AND MILITARY.

|Si!nRfo'tah," court, or any other officer having office of truft under the authority of this ftate, {hall &e said oath. negle ft or re fu fe to take the aforefaid oath in manner and form aforefaid, within the
term of fix- months, their aft or ads as they appertain to the faid office, {hall be confidered-as null and void.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives. ROBERT WALTON, Prefident of the Senate. Aflented to February 16, 1799. JAMES JACKSON, Governor.

An act to give further time to the officers of this ftate to lake and fubfcribe the oath re*quired by the aft,, entitled, " An acl to compel all officers, civil and military, -within ihisftatc, to take andfubfcribe an oath to fup-port the constitution thereof," paffcd the jixteenth day of February, one thoufand feven hundred and ninety-nine.
pm-onsinop * 13 EIT ENACTED by the Senate and Houfe ofReprefentatives of the ftate of Geor'uin^v'wPth0 . JD giain General AfJ'embly met, and by the authority of thefame, That the civil, mili"omfmi'ecfin tary, and all other officers of this ftate who now are in commiffion, and have not here
tofore taken and fubfcribed the oath required by the aforefaid acl in terms thereof, {hall neverthelefs be permitted to hold, exercife and enjoy their refpeftive appoint ments until the firft day of OQober next. Those whonj 2. And be it further enacted, That if any of the officers of this ftate fhall neglecl thf'ak'Vo'bo01 or refu fe to take and fubfcribe the aforefaid oath in terms of this aft, every fuch offiim"e!t:'afrom cer or office1"8 {hall, for fuch his neglecl or refufal, be removed from office, as in cafes of mal-praQice or difobedience of orders. AH civil officers g. And be it further enacled, That all civil officers hereafter to be appointed mail, y'mtiKi shan before they enter on the duties of their refpeclive appointments, take and fubfcribe the faid oath, in addition to the oath of office; and all militia officers hereafter to be appointed, mall take and fubfcribe the fame before the clerk of the fuperior or infe rior court of the county, and obtain a certificate thereof, before fuch officer lliall take any command by or under fuch appointment. Frocceciings by 4- And be it,further enafled, That all proceedings which have been had or obtained Sfi"e/made 8' before any of the aforefaid officers, who have not taken and fubfcribed the aforefaid TOh<1'' oath in terms of the faid aft, or that may in future be had and obtained before them, or any of them, previous to the aforefaid firft day of October next, fhall be held, deemed and-confidered to be as legal, as if fuch officer or officers had taken and fubfcribed the aforefaid oath in terms of the faid aft.
5' 'And, be it further enacled, That any part or parts of the aforefaid act, which may militate agarinft this act, fliall be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe JReprefentatives. DAVID EMANUEL, President ofthe Senate. Aflented to December 5, 1799. JAMES JACKSON, Governor,

PAPER MEDIUM,

.

379

An act to gi've further time to the officers of thisjlate to take and fubfcribe the oath, required by the acls entitled <* An act to compel all officers, civil and military with- > in this /late, to take andfubfcribe an oath tofupport the con/litution thereofpaffed the fifteenth day of February 1799," and alfo an att pajfedthe frthday of December 1799^

i. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the jlalt of

JLJ Georgia, in General Affembly met, and by the authority ofthe fame, That the ^"""j

civil, military and all other officers of this ftate who now are in commiffion,.and have ^ftf|{TM|;-t

not heretofore taken and fubfcribed the oath required by the aforefaid afts, in the

terms thereof, {hall, neverthelefs be permitted to hold, exercife, and enjoy their ref-

peflive appointments until the firft day of Auguft next.

2. And be. it further tnafted, That all proceedings which have been obtained be- Alld their pro,.

fore any of the aforefaid officers who have not taken and fubfcribed the aforefaid "f^,^1*

Oath in terms of the faid acls, or that may in future be had and obtained before

them previous to the aforefaid firft day of Auguft, next {hall be held, deemed and

confidered to be as legal as if fuch officer or officers, had taken and fubfcribed the

aforefaid oath, in terms of the faid ats.

3. And be it further enatted, That any part or parts of :the aforefaid afts, that mill- ^t^,^

tate againft this at be, and the fame is hereby repealed.

.

clms'

DAVID MERI WETHER, Speaker of the Houfe of RefrcfenWives,

DAVID EMANUEL, President of the Senate,

Afiented to November 29, 1800.

JAMES JACKSON, Governor.

PAPER MEDIUM.

An acl for emitting the fum of fifty thoufand pounds in bills of credit, and for ej ing a fund for the redemption of the fame, and for other purpofes therein mentioned,

i "\ 71 7HEREAS the fcarcity of gold and filver money render it neceffary to fup-

V V ply the good people of this ftate with a medium of commerce of a ftable

and folid nature, for want of which they already fuffer : And whereas there is a large

traftof unlocated land in this ftate, 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 enafted by the reprefentatives of thefreemen of the ftate of Georgia in .

General A/embly met, and by the authority of the fame, That bills of credit to the TMl*n'p^*

amount of fifty thoufand pounds mall be prepared and printed with, all poffible dif- "e'c^SSfu,"

patch after paffing of this acl, on good paper under the direfton of the governor and Efontofethe"i

executive council, the charges whereof {hall be paid by the ftate treafurer out of theSu'S"4

monies fo prepared and printed ; which bills of credit fhal! be prepared in mannerand

form following, viz,

" This bill {hall pafs current for

according to an aft of General Affembly

of the ftate of Georgia paffed the

day of Auguft, in the year of our Lord one r?"ftli

thoufand feven hundred and eighty-fix, dated the

day of

A. D. 1786."

And the faid bills mail have the ftate arms as an efcutcheon in the margin thereof, with

fuch other devices as the governor and council fliall think pioper, in order to prevent

counterfeits and to djftinguifli their feveral and refpetlive denominations, which

38

PAPER MEDIUM,

noraSfondc" bill mail be of the feveral and refpeftive denominations following, and no.

other, that is to fay, twenty-five thoufand fix hundred and forty-one-bills of twenty

{hillings each, twenty-five choufand fix hundred and forty-two bills, of ten fliillings. '

each, twenty-five thoufand fix hundred and forty-.two bills, of five {hillings each, twen

ty-five thoufand fix hundred and forty-two bills, of two {hillings, and fixpence each,

twenty-five thoufand fix hundred and. forty-two bills of one {billing each, and twenty-

Ktand proper fivc thoufand fix. hundred and forty-one of fixpence each. And the governor and

Sol"^M council {hall vile their belt care, attention and diligence, and appoint fit and proper

thcpVesfwiio perfbns to fuperintcnd the prefs during the. printing of the fa id bills, that the number

sth. d aA and amount thereof according to the laid feveral denominations be not. exceeded nor

any clandeftine or fraudulent praQic.es ufed by the printer, his fervants, or others,

and that each of the perfonsto be appointed as afarefaid to fuperinteud the prefs {ball,

take and fubfcribe the following o.ath before they enter on the duties directed by this

F.miofihe aft:. " I, A. B.. do folemnly and fincerely {'wear that I will according to the beft of my

{kill and knowledge faithfully, impartially, and truly difcharge the truft committed to,

me according to the direction of this aft." Aud for perfecting the faid bills according

to the true intent and meaning of this aft,,

jyiiuiqw to be 2. Be it Jurther ena&ed by th( authority aforefaid,, That the faid bills, the-denomi

nations whereof mall be ten fhillin.gs and upwards, (hall be figned by any two of the.

perfonsto be appointed for that purpofe; and that every of the faid bills, the deno-.

initiations whereof fhall be under ten fliillings, {hall be figned by any one of the per-

fons to be appointed for that purpofe; and that the governor and council do appoint

the faid figners, who fliall, before they receive or fign any of then), take an oath to

oath to beta, the effeft following, \iz. "That they fhall well and truly fign and number all the

t&M? thc bills of credit that mall come to their hands for that purpofe, according to the direc

tions of this aft, and the fame fo figned and numbered, will redeliver, or caufe to be

com cnsation redelivered into the public treafury,, purfuant to the direftio.ns of this aft." And each

^Slmu' &' o f tne faid,figners fhall have ten fliillings for every thoufand of the faid bills by them,

'"t5-

figned and numbered, and no more; and the perfons w,ho fhall be appointed to fu-

perintend the prefs fhall feverally receive fifteen fliillings for every clay they fhall.be

employed in the faicl bufinefs; and the treasurer fhall counterfign the faid bills, and

fhall receive the fame as the other figners for fuch ferviees..

3.. And be it further enabled,. That, together with the guarantee of the honor and.,

pledgedfor'ttil faith of Georgia, which is hereby 'given, all that tracl of land which was lately ceded rteydeewmipdtiboinllso, f to th. i.s i,,tate, l1 yi-ng1between thi e A li atarnaina, and1/U^.a1kmuligee, andi ai~-t. Mn ra'ry is RT- ivers,

.above the old Indian boundary line, lhall be, and hereby is pledged and declared to

be a fund, out of which the bills of credits aforefaid Dial! be redeemed and cancelled,

within the term of four years* by the fale of the faid lands, as a future General Af-

fembly fliall direft, for the faid bills of credit, or gold or filver, and nothing elfe.

A IMS! tmaer. 4. And be it further enacled, That the bills of credit emitted by this aft be, and

..] c^es.. gre hereby declared to.be a. legal tender in all, paft and future bargains, contrafts, pur-,

chafes, agreements, dealings, debts, dues and demands, according to. the fum fpeci-

fied in the faid-bill, to.be taken and received at the rate and value of four fliillings and

eightpence for every dollar, and fo in. proportion for a larger or leffer fum., and of

equal value in the payment of fuch bargain, contract, pur.chafe, agreement, dealing,,

debt, due and demand whatever, with a Spanifli milled dollar,, weighing feventeen,

pennyweight and fix grains, and thirty-feven fliillings and fourpence of the emiffion,

fjbrefaid, fhall be taken and received at the rate of or equal value to one gold. ha!

* Time extended by act of 1789, ftft. 3..

PAPER MEDIUM.

. 381

Johannes of Portugal, weighing nine pennyweight; and in the like proportion for all

other gold or River coin. g. J! ^g ^/MTYAisr fa^gj, That the (aid bills of credit fhall be received and ta
ken by the public treafurer, and all other public officers of this Rate, as gold and RI-,shaHbcreco ver, in all payments that are now due or owing, or that may hereafter become due or%%'an%'
owing to the Mate, of what nature or kind fbever, at the rates aforefaid, any law to""'

the contrary notwithRanding. 6. /J/zd Ag tj /r^gr Maf?g& That from and after the publication of this acl, if any
p' erfon or perfoVns mail wi.th,i.n,thisRate, or el<fewhere prepare, engrave, Rn amp, irorge, Felony or print the counterfeit resemblance of any paper bills or credit which (hall be iffued,
emitted and made in virtue of this acl, or fhall counterfeit or fign the name or names of the figners, to be appointed as aforefaid of the faid bills of credit, to Rich counterfeit bill: of credit, with an intention that fuch counterfeit bills of credit fhall be paffed in payment, or received as genuine and good bill:, whether the fame be fo paffed or re-
ceived or not, or if any perfon or perfons in this ftatc, 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 he paffed, payed or received as, and for good and genuine* knowing the fame to be forged or counterfeited,every fuch perfon being thereof legal ly convicled in any fuperior court within this Rate by verdicl of a jury or confcfuon of the party offending, or being endicled thereof fhall Rand mute or not direclly anfwer to the endiclment, or fhall peremptorily challenge more than the number of twen
ty 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 perfbns fhall counterfeit any of the faid bills of credit by altering the denomination thereof, with defign to increafe the value of fuch bills, or fhall alter fuch bills knowing them to be fb counterfeited or altered as aforefaid, and fhall be thereof legally con
vicled in any court of record in this Rate, fuch perfon or perfbm fhall in like manner fuffcr death without the benefit of the clergy. JVowi^J <?Jwayj, That nothing herein p contained fhall extend to work a forfeiture ofthceRateor cfFecls of fuch offender. yj^ aiAgrgg;, in and by an a& of the General Affembly paffcd on the tlm teenth day of February laft, entitled an acl to continue " An acl to authorize the auditor to liqui date the demands of fuch perfbns as have claims againft the confiscated eftates and for other purpofcs therein mentioned," 7^ ^ gMaf?f(f, That any perfbn. or perfbns what-
jbever of the defcription therein contained fhall be at liberty to pay into the treafury a ratable proportion of his, or their debt or dues, recovered under the faid law original-p ly belonging to perfbns being Britifh fubjeQs, or adherents as therein mentioned, butp is not faid in what manner the faid payment may be made.

y. .Be ^ ^Aerf/org gwa^cd, aj %V ;j Afrg^y &cAwg(Z, That the true conftruclion of the faid in part recited acl, fb. far as refpects the matter above mentioned, mall be that the faid payments fhall be made into the treafury in fpecie. But in order to give a further credit to the paper medium' by this acl direcled to. be ftruck,

8. 7^ n Agre^y cvza#eJ, That the debts, and dues or parts and proportions of debts Monydu and dues coming within the defcription. afarefaid, fhall or may alfb be paid into the
treafury in the faid paper money to be ftruck under the prefentlaw,but in nothing' elfe, that is to fay, either in fpecie or in the paper currency now intended to be emit

ted, -Proof&j fuch payments be made at any time within nine months from and af.ter the palling of this acl.

By order of the Houfe.

AuguRa, Auguft 14,

WILLIAM GIBBONS,

382

PAPER MEDIUM.

An act to redeem the paper medium of this flats.

trcambto. i. \ It 7HEREAS it is necefiary and expedient, from the injury which has arifen t0 VV individuals, and for the reftoration of public credit, that meafures be taken
to redeem and take up the current medium now in circulation in thisftate: Five thousiini And whtreas^ five thaufand pounds of the faid paper medium, appropriated in the pounds tent. trea fu,.y towards a finking fund, agreeable to a refolution of the 2ad inft. has been

burnt under the infpeftion of the committee of finance, the amount and refpeftive denominations of which to be certified by the treafurer, and entered on the minutes of the General Affembly :

Pivc thousand g e it therefore enabled by the reprefentMives of the freemen of thejlate of Georgia in.

fore TM General AJJembly met, and by the authority of the fame, That the further fum of five

thoufand pounds of the tax of the current year, and of four fucceflive years there

after, be proportioned in like manner as aforefaid, and annually burnt, under the re

gulations herein before pointed out.

.,

certainartsq/ 2 - And be it enacted by the authority aforefdid, That from and immediately after the

United States, in congrefs affembled, fhall or may pafs any aft or afts for laying im-

pofts, or laying direct taxes within this ftate, then, in that cafe, fuch part or parts of

the aft, entitled " An aft for emitting the fum of fifty thoufand pounds paper me

dium, and for other purpofes therein mentioned," that relate to receiving impofts on

duties as aforefaid be, and the fame is hereby repealed.

3. And be it enacted by the authority aforefaid, That the time for taking up the faid

current medium of this ftate, be extended until the fifteenth day of January, one

thoufand feven hundred and ninety-four, and mail continue to be a tender* in all

eafes, except for impoft and direct taxes as aforefaid, any law to the contrary not^

withstanding.

By order of the Houfe.

JOHN POWELL, Speaker,

Augufta, 3d February, 1789.

* TiMe for redeeming faid bills, extended to the I5th January, 1794. See aft of 2$d Dec. 1789.

An afffor repealing certain farts of atts therein mentioned.
m*um i-T>E IT EN ACTED by the Senate and Houfe of Reprefentatives of the ftate o/' nger aten- JQ Qtorgio, in General Ajfembly met, That fo much of >" An aft, pafled the four
teenth day of Auguft, one thoufand feven hundred and eighty-fix, for emitting the fum of fifty thoufand pounds in bills of credit, and for eftabliftiing a fund for the redemption of the fame, and for other purpofes therein mentioned," as declares, that the bills of credit emitted by virtue of the faid aft, and therein declared to be a legal ten der in all paft and future bargains, contrafts, purchafes, agreements, dealings, debts, dues and demands., according to the time fpecified in the faid bill, mall no longer be and continue a legal tender in any paft or future bargains, contracts, purchafes, agree ments, dealings, dues and demands whatever, from and after the fourteenth day of Auguft next.

PEDLARS.

383

2. And lie it further enatted, That fo much of an aft patted the third day of February, one thoufand feven hundred and eighty-nine, entitled " An aft to redeem the paper medium of this ft ate," which extended the tender of the faid paper medium un til the fifteenth day of January, one thoufand feven hundred and ninety-four, mail be, and the faid feveral claufes of both afts are hereby repealed.
SEABORN JONES, Speaker of the Iloufe of Ref N. BROWNSON, President of the Senate,
Concurred, December 23, 1789. EDWARD TELFAIR, Governor,

PEDLARS.
An actfor licenfing and regulating pedlars,
l ' TTir^kREAS great injury hath accrued to the citizens and fair dealers of this V V ftate by unlicenfed, itinerant traders, called pedlars, going about from coun
ty to county, and draining this ftate of its circulating coin, for remedy whereof; jBe Peihr!, mtt<> it enacted by the Senate and Houfe of Representatives of the Jlate of Georgia in f^MiaM*' General Affembly met, That it mail not be lawful for any itinerant trader, or pedlar to fell or otherwife difpofe of any goods, wares, or merchandize, except fuch itinerant trader, or pedlar, mail firft produce a licenfe fo to do from the treafurer of this ftate, who is hereby authorized to iffue a licenfe to any perfon or perfons, who fhall apply for the fame, to be an itinerant trader or pedlar as aforefaid, on their feverally paying into the treafury annually the fum of feven hundred dollars.
2. Be it enacted, That if any perfon or perfons whatfoever fliall, contrary to the to^wfaSut?1' true intent and meaning of this aft fell, or difpofe of any goods, wares, or merchan dize, fuch perfon, or perfons, fhall for every fuch offence, forfeit and pay to any per fon who fliall fue for the fame, the fum of five hundred dollars, or who fliall when thereunto required by any civil officer, negleft or refufe to produce fuch licenfe as aforefaid for their infpeftion, fhall for every fuch offence, forfeit and pay in man ner and form aforefaid, the fum of feventy dollars.
3. And be itfurther enacted, That in every cafe where fu it fliall or may be com menced for the recovery of any fine or forfeiture impofed by this act, it fliall be theTered.bere" duty of the fheriff to hold the party complained of as aforefaid to bail for his ap pearance to the next court to which fuch writ is returnable. J.u4n.enAenxdt.be itfurther enacted, That this act fhall not take effect until the firft day7 ofAukae,cwffheefnt-t
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives, BENJAMIN TALIAFERRO, Prefident of the Senate, Concurred February 21, 1796. JARED IRWIN, Governor.

3%.
Christiana Yonge.

PRIVATE' ACTS.
An ordinance for vejiing in Chrijliana Yonge, the widow of Henry Yonge, fen. an his two daughters, Ann Agnefs Yonge and Elizabeth Yonge, certain property therein, mentioned.
'HEREAS by a refolve of the legiflature of the ninth of November, one thoufand feven, hundred and feventy-eight, a certain tract of
land on the iOand of Skidaway in the county of Chatham, on which the-faid Chriftiaha Yonge and the (aid Ann Agnefs, and Elizabeth Yonge then refided, be ing the property of Henry Yonge, fen. who had left the ftate .under the left aft, to gether with the perfonal eftate of the faid Henry Yonge, were gratuitoufly beftowed, or granted by the faid legiflature to her the faid Chriltiana Yonge, and the faid Ann Agnefs and Elizabeth Yonge, under the provifo, " That there be a fufticiency left to pay his debts."
Be it therefore ordained by the freemen of the /late of Georgia in General AJfembly met, and by the authority oj the fame, That the faid donation or grant of the faid tract of land upon theiiland of Skidaway, together with-the perfonal property of the faid Henry Yonge, fen. now deceafed, be, and the fame is hereby confirmed unto her the faid Chriitiana Yonge, and the faid Ann Agnefs and Elizabeth Yonge, as ten ants in common in the full extent and meaning of the faid refolve of the legiflature, ofvthe ninth of November, one thoufand feven hundred and feventy-eight, but fubjecl nevertheless to the provifo in the faid refolve herein before recited.
By order of the lioufe. WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.

An ordinance to weft certain property in Mrs, Ann Sard.

Mrs.AnnBard.

HEREAS by a former refolution of the Houfe of Affembly certain lots in

and near Savannah were confirmed to Peter Bard, efq, deceafed, as having

been given to Mrs. Ann Bard by her father John Joachim Zubly, deceafed. And,

whereas doubts have arifen as to the effecl: of refoSutions of the General Affemblyj

Be it ordained by thereprefentatives of thefreemen ojlhe jlate oj Georgia in General Af

fembly met, and by the authority of the fame, That three fifty acre lots near Oats's, one

lot and the appurtenances in Yamacraw, and otte lot near the market in Savannah}

formerly in thepoffeffion of the faid Peter Bard, deceafed, be and the fame is hereby

vefted in the faid Mrs. Ann Bard, her heirs and affigns forever, as fully and com

pletely, as though the faid lots had been conveyed to her in fee fimple, by conveyan

ces lawfully executed by the faid John Joachim Zubly, deceafed, at the time of his

having given her pofleffion of the fame.



By order of the Houfe.

WILLIAM GIBBONS, Speaker,

Augufta, goth January, 1786,

MlVAfE AC'1%

4.n d.ot to vejt certain porters in George Abbot Hallf and for other purptfes ther-d-A mentioned,

W HEREAS George Abbot Hall, of the ftate of South-Carolina, efq. hath 1Wlfe fet forth to the legiflature of this ftate, that Alexander Inglis and Nathaniel "'"

.Hall, two perfons named in the att of confifcauori and banilhment, alfo- John In

glis and Samuel Hunt Jenkins, two perfons comprehended in the faid act, and co

partners of the late houfe of Inglis, J enkins and Gibbons, are indebted to him very con-

fiderably, and praying an aft of this Houfe to enable him. to recover from the cred

itors of the faid co-partnerlhip, certain fums of money, to enable him to recover from

the creditors of the faid co-paitnedhip>, certain fums of money, to enable him to pay

the faid debts, which this legiflature have thought proper to grant, by their refolution

of the twenty-nxth day of January laft, JSe it therefore matted by the reprefentctl.ives

ofthe freemen of the /late of Georgia in General AJjembly mei^ and by the authority ofthe

fame, That it (hall and may be lawful for the faid George Abbot Hall to receive an

alignment of all or any part of the books, bonds, notes, or papers of the faid Alex

ander Inglis and Nathaniel Hall, or all, or any part of the books, bonds, notes, or

papers of the co-partnerihip of Inglis^ Jenkins and Gibbons, as he the faid George

Abbot Hall and William Gibbons the remaining co-partner of the faid houfe of In-*

gles, Jenkins and Gibbons, {hall agree on, and that the faid George Abbot Hall, (hall,

and he is hereby authorized to recover the debts in as full and ample a manner as the

faid perfons could do, if prefeht, and not any way difqualified by law, any act to the

contrary notwithstanding*

/

By order of the Houfe.

WILLIAM GIBBONS, Speakcf,

Aagufta, February 10, 1789.

'

An aS for the relief of John Ferric and other perfons therein defcribcd,
"HEREAS Nathaniel Afhley late fheriff and collector of taxes forthe county j of Camden within this ftate, did proceed illegally and unjuftly to make fale
of fix thoufand acres of land, adjoining Buttermilk Bluif on the river St. Mary's; alfo a tract called Black Point on Crooked River, containing jfeven thoufand and forty acres, likewife another tract, adjoining the laft of eighteen hundred and eightyeight acres, the property of John Ferric, which lands were illegally and unjuftly fold, by the faid Nathaniel Afllley, on the twenty-ninth day of December, one thoufand (even hundred and eighty-feven, faid to be for payment of public taxes; and notwithftanding the iheriff as well as the other inhabitants of Camden county, had prior to that, time, been obliged to abandon their habitations, and remove to Cumberland Ifland for .refuge from the ravages and depredations of the favages; for remedy whereof: Se.it enabled by the reprefentatives of the freemen of the Jlale of Georgia in General Af/embly met, and by the authority of the fame, That the premifes herein before recited,, are hereby declared to be as amply and fully veiled in the faid John Ferric, his heirs xecutors, adminiftrators and affigns, as if no fuch fale had been made by the faid
3G

PRIVATE ACTS.
'Nathaniel Afhley late fneriff of the county aforefaid, and that all fuch deeds, inflruments of writing, conveyances or fales as herein before recited, done, or made by the Said Nathaniel Afhley to any perfon or perfons whatever are hereby declared null and void, any aQ to the contrary notwithftanding,
2. And beit enabled by the authority aforejaid, That all fuch fale, or fales, as fhall have been made by the faid Nathaniel Afhley, late fheriff, fince the inhabitants of the county aforefaid have been obliged to abandon their habitations within the faid'county, by means of the late ravages and depredations of the favages, during their latehoftilitiesj are alfo hereby declared null and void, any law to the contrary notwithftandins?.
o
3. And IK it enafled by the authority aforefaid, That nothing herein contained fhaii. extend to preclude any perfon or perfons from the eflablifhment and recovery of any. of die prcmifes before recited, or comprehended in this aci, where claims by any prior grants legally obtained fhall appear.'
By order of the Houfe. JOHN POWELL, Speaker,
February 3,
An aft to authorize and empower George Bailie adminijlrator of the goods and chattel's,,, rights and credits -which where of his father Robert Bailie^ deceafed, to fell and difpoje of any lands or other real ejlate of the deceased,
. i. T 7"HEREAS the faid George Bailie adminiftrator and one of thefons of the faid V V Robert Bailie, deceafed, together with Ann Bailie, Euphemia Bailie, Marge
ry Bailie, John Bailie and James H. Bailie, by their petition have prayed the General Aflembly, that as well for the payment of the debts of the faid deceafed, as for other good reafons ftated in their petition, that the faid adminiftrator may be permitted to fell any lands of the deceafed, and to perfeft titles of fales made by the deceafed, in his life time, as alfo for the faid adminiftrator to confirm any contrafcl he has made with Alexander M'Queen for divers tracls of land, in poffeffion of the faid Alexan der M'Queen or to any other perfon or perfons: Be it therefore enabled by the Senateand Houfe of Referefentatiues of the flake of Georgia in General AJJembly met^ That it fhali and may be lawful for the faid George Bailie adminiftrator of the eflate and effects of the deceaied Robert Bailie, to fell any traft or traQs of land, or other real eftate of the faid.Robert Bailie, deceafed, either at public or private fale, and good and fufficient titles in the law, to make to the purchafer or purchafers thereof, kis, her or their heirs and affigns forever.
z, And be it, further enabled by the authority aforefaid, That it mall and may ba Jawful for the aforefaid George Bailie, as adminiftrator aforefaid, by good and fufficient deeds in the law to perfect any contraQ, bargain or fale of any lands or hereditaments, made by the faid Robert Bailie in his life time, or by the faid George Bailie admin iftrator as aforefaid, to the faid Alexander M'Queen, his heirs and affigns, or to, any other perfon or perfons, his, her or their heirs and affignsj according to the. na~ lure of the cvntraQ. between, the parties.

PRIVATE ACTS-.

,

3. And to the end that the creditors, and the heirs and reprefentatives of the faid Robert Bailie, deceafed, may be fecured in the purchafe money arifing from the fales of his land, to be made or already made, and apprized of the tranfactions of the faid adminiltrator: Be it enaffed by the authority aforesaid, That before any deeds to be executed for the conveyance of fuch lands, {hall be effective and good in law,, it {hall be the duty of the faid George Bailie, and he is hereby required to record a copy of all contracts, bonds, agreements or other documents, on which the contract is founded, in the office of the clerk of the county where he refides, or* the land is fituate, .and on a certificate thereof being granted to the faid George Bailie, and a copy thereof annexed to fuch deed o"f conveyance, then fuch deed fhall be, and is herebydeemed and declared to be valid in law, and not otherwife.
JOSEPH HABERSHAM, Speaker of (he Houfe of Reprefentatives* NATHANBROWNSON, Prefident of the. Senate,
Concurred December 10, 1790. EDWARD TELFAIR, Governor,

An aft for the relief of colonel Peter Pur/iins,



'HERE AS it hath appeared to the legiflature that colonel Peter Furkins did, on ?cterftB'k***( the firft day of Auguft, one thoufand feven hundred and feventy-feven, ad
vance to John and Thomas Dooly, for the ufc of the troops in the fervice of this . ftate, the fum of four hundred and forty-four pounds, for which he has not received fatisfafHon:
1. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the flate of Georgia, in General Affembly met, and by the authority .of the fame. That the auditor be directed to iffue his certificate to the aforefaid colonel Peter Parkins, for the value of the aforefaid fum of four hundred and forty-four pounds, reducing the fame ac cording to the face thereof, agreeably to the fcale of depreciation, and that fuch cer tificate {hall exprefs, that it is given for and in lieu of a certificate formerly granted to him by Wade and O'Bryan, treafurers of this ftate, for the fum of four hundred and forty-four pounds, on account of fupplies furnifhed in the profecution of the late war, and the defence of the United States, which faid certificate of Wade and O'Bryan fhall be depofited by the auditor in the office of the treafurer.
2. And be it further enabled, That the auditor be, sand he is hereby directed to iffue his certificate in favor of John Thompfon, for the value of two thoufand three hundred and fifty pounds, in lieu of two certificates iffued by O'Bryan and Wade, dated the twenty-fifth day of September, one thoufand feven hundred and feventyeight, with the intereft as expreffed thereon, one of which was iffued to Francis Coddington, for two thoufand pounds, and the other to James Hambleton, for three hundred and fifty pounds, reducing the fame agreeably to the fcale of depreciation; and that fuch certificate mall exprefs that it is given for and in lieu of the aforefaid certificates, which certificates of Wade and O'Bryan as aforefakl, fhall be depofited by the faid auditor in the office of the treafurer.
3. And be it further enatfed, That the auditor be, and he is hereby directed to iffue his certificate in favor of the heirs of John Walton, for the value of a certificate of
1

PRIVATE ACTS.
the aforefaid treafurers, dated the fifteenth day of February, one thoufan-d fevca hundred and feventy-eight, iffued in favor of the aforefaid John Wahon, for" feven hundred and eighty pounds, five (hillings and threepence, with the inter-eft; as e'xpr'e0ed thereon, reducing the fame agreeably to the fcale of depreciation, and. that fuch certificate (hail exprefs that it is given for and in lieu of the aforefaid certi* Scale, which ihalt be depolited hy the auditor in the office of the treafurer.
THOMAS NAPIER, Speaker of the lloufe of RcprtfentativM. BENJAMIN TAUAFERRQ, President of the Senate, Concurred December 16, 1794. GEORGE MATHEWS, -Governor.
An aft to secure to Reuben Coleman a, trad of confifcated land, lying on Little River*.
i. ~\ 71 7HEREAS the faid Reuben Colernan did, as early as the year one thoufand V V feven hundred and eighty-five, purchafe of the commifnoners appointed
to difpofe of the confifcated property within this fiate, a certain tract of land lying on Little River, in the then county of Richmond, laid as the property of James. Grierfon, containing the quantity of feven hundred and fifty acres, and hath fincq taken up his bond and mortgage, and duly paid for the faid lands; and the fame ha ving been fo exprefied by a joint refblution of the legiflature at their lad fefiion : Be it therefore ena&ed by the Senate, and Houje of Reprefentatives of the Jtate of Georgia in General Affembly met, and by the authority of the jarne^ That the faid tract of feven hundred and fifty acres of land, lying on Little River as aforefaid, bulling and boun ding in the Following manner, viz. foutheaftwardly by Jofhua Sanders' land, fouth\vardlyby William Lee's and Sherral's land, eawardly by land formerly the proper ty of the faid James Grierfon, lately fold to Joleph Ray, and northwardly by,Lit tle River, be, and the fame is hereby veiled in the faid Reuben Coleman, his heirs and affigns, forever, in fee fimple: And it is hereby declared to be the duty of the commiffioners appointed for the d-ifpofal of reverted property, to make and execute proper titles, and convey the faid land and premifes unto the faid Reuben Coleman3 feis heirs and affigns, as aforefaid.
THOMAS NAPIER, Speaker of the Houfe of Reprejentatives.,. BENJAMIN TAL1AFERRO,. frefident ofthe Senate... GEORGE MATHEWS, Governor.. Concurred January %.}
An a&to relieve the heirs of Francis Maria.Lays Dumoufay De la Vatie, the heirs * Hyacinth De Ckapadelane, and Ghrijlopher Poulain Duhignon,
j. T Jll THEREAS it hath been reprefemed to the General Affembly, That Nicholas V V Francis Mazon De la Ville Houchet, a Frenchman, late of he county of
Glynn in this ftate, purchafed at tax collector"s fale the iiiaiid of jekyl o the fea coaft,v
in the county and ilateaforefaid? that he afterwards (bid and conveyed the one fourth,

PRIVATE. ACTS.
t
part of the faid'ifland'to-Francis Maria Loys Dumoufay DC la Vave, one fourth .part to Hyacinth De Chapadelane, and one other fourth pan to Chriftopher Poulain Dubignon, in fee fimple; relerving the remainder to himfelf; that the deeds of con veyance for the faid property, were fent in a veflel to France, for the purpofe of ob taining a renunciation of dower from the wife of the faid Viile Houchet; that the faid velfel being chafed by an enemy, the deeds before mentioned, with the other papers, of the {hip were thrown overboard and entirely loft, and that there is no method prefcribed in the laws of this date whereby the faid deeds may be ftablifhed. Be it there fore enabled by the Senate and Houfi of Reprefentatives oj the Jiate of Georgia in General Affcmbly met, That it mail and may be lawful for the fuperior court of the faid county of Giynn,' at the fecond term ofthe faid court., or at any term thereafter,afterthepaffingof this act, to fummon, hear, andexamineall witneffes at the inftance of either or any of the partiesjtouchin'g and concerning the prenaifes, and to take their depositions in writing,and, to certify the fame under the hand of the judge preliding. Provided, That the party applicant fliall publifh in the Georgia gazette the intended application to the Superior court, under and by virtue of this act, at leaft three months before fach examination {hall take place: And provided, all examinations of witneffes, in relation to the deeds before recited, {hall be taken in open court, in prefence of the grand jury of' the county, and be alfo certified under the hand of the foreman thereof; and if the teftimony adduced {hall appear to the court and to the grand jury unequivocal and Satisfactory,, that fuch deeds dfti exift, and loft in manner herein before recited,, then the judge {hall direcl the clerk, by order under his hand, to record the depo iitions, fo taken and certified. as aforefaid, in his office; which depohtions, fo recorded, {hall and may be given in evidence, in any court of law or equity, and fh all avail for the benefit of the perfons herein before recited, or their heirs, or afligns, or of all perfons claiming under them, as much as the fame can or ought to avail : And it {hall be lawful for the clerk of faicl court to record the copies ofthe faid deeds, if they ihould be produced, and proved to be true copies, before the faid court and grand jury, in manner aforefaid ; Provided, That nothing in this at contained fliall be. conftrued to extend to affect any right the ftate may have to any part, or the whole, ofthe property in the faid deeds, or this law mentioned, or the right of any other per, fon, or perfons whatsoever.
THOMAS STE.VENS, Speaker of the Houfe of Reprefentatives,, BENJAMIN TALIAFERRO, Prefidcnt of the Senate, Concurred February 19, 1796. JARED IRWiN, Governor.
aft to authorize the commijfioners of Louifoille to convey to John Cobbs find ajffigns Ji.x lots of land within ike limits of ihejaid town.
l. T 71 7HEREAS- it .appears by a joint refolution of the General Affembly of this J< V ftate palled at Louifville on the fevemeenth day of February in the year
feventeen hundred and ninety-six, that there was a miftake made in the return of fix lots, fold by the iaie commiilioners to colonel John Cobbs, amounting to thirtyfour pound's, which fum was paid by work done on the {iate-houie, for which Wil liam Clarke is credited; Be it there/ore enacled by the Senate and lloufe ojRcpreje/ua-

39

PRIVATE ACTS.

fives oftheJlate of Georgia in General Ajfembly met, and by the authority of the fame,, That the commiffioners of the (aid town of Louifville or a majority of them be, and they are hereby authorized and required to convey, by lawful deed of conveyance, to the faid John Cobbs or hisaffigns, fix other lots in the town of Louifville, in lieu of the fix lots for which he hath paid thefum of thirty-four pounds fterling.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaii-ocs* DAVID EMANUEL, President of the Senate. Concurred, February 9, 1796. JARED IRWIN, Governor,

An aftfor the better fecur ing to Alexander Cafaicll a certain traff, of land, purchajei at the fales of conjifcated property.

er Cas-

HEREAS William Barren, on the fixth day of November, one tboufand

feven hundred and ninety-three, purchafed of the commiffioners of confif-

cated property, a certain trat of Jand, containing one hundred and fifty acres, in

the county of Burke, bounded by Reedy Branch, James Thompfon, Elijah Brown

and John Gilmore's land; which faid trad of land was fold as the property of Tho

mas Beaty: And whereas, the faid William Barren, on the twenty-feventh day of

January, one thoufand feven hundred and ninety-four, did transfer his right to the

laid traft of land to the faid Alexander Cafwell, and draw an order in favor of the

faid Alexander Cafwell, on the commiffioners of confiscated property, requiring them

to convey the faid traft of land to the faid Alexander Cafwell: And whereas, alfo, it

appears that the faid Alexander Cafwell has paid and difcharged the whole of the

purchafe money for the faid land, and received a deed, executed by one of the com

miffioners, to wit, Hugh .Lawfon, in corifequence of which the faid deed is not fuf-

ficiently valid, not having been iigned by all or a majority of the commiffioners:

J$e it therefore enabled by the Senate and Houfe of Reprejentatives of the flatc of Georgia

in General Ajfembly met, That the faid deed, figned by the laid Hugh Lawfon, one

of the commiffioners aforefaid, be, and it is hereby declared to all intents and purpo-

fes, as valid in law arid equity, as if the fame had been executed by the whole of the

.commiffioners of confifcated property.

DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives,

DAVID EMANUEL, Prefident of the Senate.

Affented to February i, 1798.

JAMES JACKSON, Governor.

An aft for the relief of Bazil Lamar.

W Baai! Lam,ir.

HEREAS in and by an aft, entitled " An a6l to repeal an aft for keeping open Little River an'd Broad River, fo far as refpefts Jofeph Ray, Bazii

Lamar, and the heirs of Williamfbn, upon certain conditions," pafled at Louifville,

.on the fecond day of February, one thoufand feven hundred and ninety-eight, the

PROTESTANTS, DISSENTING.

.

-

faid Bazil Lamar was allowed the term of two years from the date thereof, to ereCl

and build a merchant mill acrofs Little River, at the place called Lamar's mill, which

he had in a great degree performed, when unfortunately his works were confumed

by fire, to the great injury of the owner: Be it, therefore enabled, That the further

time of five years from and after the date thereof, be and is hereby allowed the faid

Bazil, toere&and build fuch merchantable mill at the place aforefaid, of the defcrip-

tion mentioned in the aforefaid a6t, any thing therein contained to the contrary not-

withftanding.

DAVID MERIWETHER, Speaker of the Houfe of Rcprcjcntatives*

DAVID EMANUEL, Prefident of the Senate,

'

.

Aflented to December 6, 1799.

JAMES JACKSON, Governor.

* PROTESTANTS, DISSENTING.
.An aSfor the eafeof diffenting proteftants witjiin this province who may be fcrupulous of taking an oath in refpeffi to the manner and form of adminiftering the fame.
i. \ 71 THERE AS many inconviences may arife in this province (hrough the fcru- PwamWfc V V pies of divers protcftant diffenters, within the fame of good eftates and abili
ties who refufe to take an oath by laying their hand on the holy ev an gelid, whereby the public is deprived of their fervices as jurymen. And whereas, afts of toleration and indulgence to protedant diffenters have been found of beneficial tendency to oth er his majedy's provinces, and may in a particular manner be fo to this infant pro vince, in order that fuch diffenting protedants may be enabled and compellable to f'e'rve on all juries, and to give evidence in all cafes, and that the afcts of fuch proteftant dif fenters may be valid and effe6lual in refpeQ of the manner and form of taking and m'timTJaiinw adminidering oaths. Be it enabled. That immediately after paffing of this al, any wsTaffii'maperl,.on or perirons whi o lnhaiIlI appear m any ori-tihe courts orr judii-cature, or 1belrore any tploinpnnrn. iiliedfc judge, or magidrate in this province, either as juror, witnefs, party or otherwife, in any caufe civil or criminal, and fhall make and diftinctly repeat a folemn and confcientious declaration and affirmation according to the form of his profeffion in any matter, caufe or thing, wherein an oath is required by law, in the following words: " I, A. R. do fwear in the prefence of Almighty God, as I mail anfwer at the great and awful day ofjudgment that, (as the cafe may be.) So help me God." And fuch folemn and conscientious declaration and affirmation fhall be deemed, held, adjudged and taien to be valid and effectual to all intents conftru8ions,andpurpofes whatfoever, in the fame manner as if fuch perfon had taken an oath on the holy evangelid of Almighty God. And that all and every fuch perfon andperfons, as (hall be convicted of falfely and corruptly affirming and declaring any matter or thing which (if the fame had been an oath taken on the holy evangelids) would by law amount to wilful and cor rupt perjury, (hall incur the fame penalties, difabilities, and forfeitures as perfonsconvifted of wilful perjury do incur by the laws of Great-Britain.
WILLIAM LITTLE, Speaker. . . In Council Chamber, December 13, 175.6.
Affented to. J. REYNOLDS.

Q'wUAKERS.
An aft to authorize certain perfons therein mentioned to fell or atherwife difpofe of cer tain land appertaining to the people called Quakers.
twswuue. \7C7HEREAS there was, on the third day of July, which was in the year one V V thoufand feven hundred and (evenlyj a certain traft of land, containing fiv;e hundred acres, lying and being in the then parifh of St. Paul, now Columbia coun ty, granted to Jofeph Maddock. and Jonathan Sill, in tiult for the ufe and benefit of the people called Quakers, for certain purpofes therein expreffed; and inafmuch as it doth appear by the petition of the aforefaid people, that the aforefaid preipifes doth not anfwer the purpofes for which it was intended:
Trustees itorM- i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the Jlate of uers!ilorQHa" Georgia in General Affembly melj, and by authority, of the fame, That Daniel Williams.)
Camm Thomasj Joel Cloud and John Stubbs, be and they are hereby appointed truftees in lieu of the aforefaid trufteess who fhall continue-in office until the firft trotrceiaed MondayinMay, one thoufand eight hundred and one; at which time the aforefaid MoniaylifwaT people who are qualified to vote for members of the legifiature, fhall aflemble at the evuysecon U)wn Q f Wrightfborough, and eleft, at every fubfequent term of two years thereaf ter, five fit anddifcreet perfons of their own body as truftees, who fhall continue in office for the term of two years. authorized ta 2, And be it further enabled, That the aforefaid truftees, or their fucceffors in ofumiVuiiciif fice, fhall fell or otherwifedifpofe of the aforefaid tract of land, in fuch manner and form as they may deem moll beneficial, for the ufe and benefit of the aforefaid people.
3. And be it further enabled, That it fhall and may be lawful for the aforefaid truf_.,,eori>ora e ^^ or their fucceffcrs in office, to fue and be fued, plead or be impleaded, and per-
form any other legal matter or thing which may become neceffary to be done, in {up* port of the common interefl of the aforefaid people, in the fa id premifes.
DAVID MERI WETHER, Speaker of the Houfe of Refirefentalives* DAVID EMANUEL, Prejident of the Senate* Aflen'ted to December 6, 1799JAMES JACKSON, Governor.
QUARANTINE.
An &&, to oblige veffels arid perfons coming from places infeSied -with epidemical -..j..... pers, to perform quarantine, and to prevent the bringing in andffreading malignant and contagious disorders in this Jlate i.
i. \ Ji 7HEREAS it is highly neceffary to preferve the health of the inhabitants of V V this ftate,that veffels, perfons or merchandize, coming from places infecled
with malignant or epidemical diftempers, fhould perform quarantine, and means adop ted to prevent the i'preading^of fuch diforders: Be it therefore enabled by the Senate and Houfe of Reprefentatives in General Affembly met, and by the authority of the fame, That when any country fhall be infefcted with the plague or other malignant "difternper, all veffels, boats, perfons and goods, fhall be fubjecl to and be liable ta perform quarantine, as is in this at direfitedj and during fuch quarantine, no perfos

$93'

feik perfons Coming, or goods imported in any fuch fliip, veffel 6t bdat, fhal! com6 On fhore, or go on board any other (hip, or veflel, or boat, or be landed or put into any other fliip, or veflel or boat, in any place within this ftate, other than filch place as (hall be appointed for that purpofe; nor fhall any perfon go on board any fuch fliip, or veffel, or boat, without licenfe firft had and obtained, in writing, under the hand of fueh perfon or perfons who fliall be appointed to fee quarantine performed; and the faid fhips, or veflel^, or boats, and the perfons and goods coming and import ed in or going on board theYaine during the time of quarantine, and all Ihips, veflels, boats and perfonsi, receiving any perfon or goods under quarantine, fliall be fubjeft to fuch ordersj rules and directions, touching quarantine, as fliall be made by the

authority directing the fame;

2. Andbe itfurtherknatted by this 'Authority aforefaid, That if any commander, or ^,rf?fgsnot;

mafter, or other perfoh taking the charge of any fhip, or veffel, or boat, coming from ^vatofmc;

any place fenger to

infected as aforefaid, fhall go go on fhore, or on board any

himfelf, fhip, or

or permit veffel, or

or fuffer any fearnan or patboat wbatfoever, during the

'^t'^tmi11""1

quarantine, or until fuch {hip, or veflel, or boat, fhall be difcharged from quarantine,

without fuch licenfe as aforefaid, then, and in all fuch cafes, the perfon offending fhall

forfeit and pay for every fuch offence, the fum of one hundred pounds fterling, to

be recovered by ation of debt, bill, plaint or information, in any of the courts of

this ftate, and to be for the purpofe of building of a peft-houfe; and the judges of

any of the faid courts are hereby empowered to allow fuch reward to the informer or

informers (if any there fliall be) out of the faid fine, as in their judgment they fhall

fee fit, fo as the fame fhall hot exceed a moiety of the fine levied: And if any per fon or perfons whatfoever, who fhall arrive in any port or place within this ftate, in any fhip, or veflel, or boat, which fliall^ by reafon of his coming from any country or place infetted with any contagious diftemper, be obliged to keep quarantine, flialt quit fuch fhip, or veffel, or boat, by coming on fhore, or going on board any other fliip, or veffel, or boat, before or while under quarantine, it fhall and may be lawful for the perfon or perfons appointed to fee fuch quarantine duly performed, and they are hereby required to compel fuch perfon or perfons to return on board of fuch Ihip, or veffel, or boat, and there to remain during the time of quarantine; and fuch perfon or perfons fo leaving fuch fliip, of veffel, or boat, ahd being thereof, after the expiration of his quarantine;, convifled by one or more credible witnefs or witnefiesj before any onejufticeof the peace, living near the place where the offence fliall be committed, and three freeholders, fwornto iry the truth of the faid charge, fliall for feit and pay into the hands of the faid juftice the fum of fifty pounds fterling, one third thereof fhall be for the informer; and the remainder, after the neceffary expences are difcharged, fliall be applied as hereinbefore provided; and in default of iuch payment, it fliall be lawful for the faid juftice to commit fuch offender to one of the public jails of this ftate, for any time not exceeding twelve months, nor lefs than

fix months.

3. And be itfurther enabled by the authority aforefaid, That' if ahy perfoil 'or per-

fons whatsoever fhall prefume to go on board and return from

fuch

fhip, or veflel,

;ssel, subject i like tines.

or boat, required to perform quarantine, before or during the time of quarantine,

without a licenfe as aforefaid, every fuch offender fliall be compelled, and in cafe of

refiftance, by force and violence be compelled by the perfon or perfons appointed as

aforefaid, to return on board fuch fliip, or veffel, or boat, and there to remain during

the time of her quarantine, and mail afterwards be liable to a fine or imprifonmentj

'

8D

394

QUARANTINE.

as herein before directed, in cafe of perfons quitting a {hip, or veffel, or boat per-,

forming quarantine, and to be ciifpofed of as in that cafe provided; aiYd (he mafier

of fuch fhip, or veffel, or boat, is hereby obliged to receive and maintain fuch per-

fon on board accordingly.



,

>v>,<ereoftiK 4. And le it further enacted by the authority aforefaid, That it mall and may be

astT'"6'1"' lawful for any officer of the cuftoms,'or fuch as ihail be appointed to take care that

iuch quarantine be duly performed, to feize any boat or fkiff belonging to fuch (hip-.

or veffel, or which fliall therewith be found, and to detain the fame until the quaran

tine lhall be performed; and in cafe any officer or other perfon infiructed as afbrefaid

{hall voluntarily fuffer any feaman belonging to fuch fhip, or veffel, or boat, or any

paffenger therein, to quit, fuch fhip, or veffel, or boat, while under quarantine, every

fuch offender fhall forfeit and pay the fum of one hundred pounds fteriing for every

fuch offence, one third thereof to the informer, and the remaining part thereof to be

applied as herein before directed, to be recovered in any of the courts of this ftate,

with cofts of fuit.

TOt>ereeved 5. And be itjurther enacted by the authority aforefaid, T hat after the quarantine fhali

fcnmnce.pw" have been duly performed according to the directions of this aft, and upon proof to be

made by oath of the mafter or other perfon having charge of the faid ihip, or veffel,

or boat, and two of the perfons belonging to the faid fhip* or veffel, or boat, before

any one of the ju ft ices of the peace of this ftate, that fuch fhip, or veffel, or boat,

and all and every perfon therein have duly performed the quarantine as aforefaid, and

that the fhip, or veffel, or boat, and all the perfons on board, are free from an infec

tious diftemper ; then, in fuch cafe, fuch juftice is hereby required to give, a certificate

(gratis) thereof, and thereupon fuch fhip, or veffel, or boat, and all and every perfon

therein, fhall not be liable to any further -reftraint, by reafon of any matter or thing

contained in this act.

,

*nods brought 6. Provided nevertheless and le it further enabled, That the goods imported in fuch *an>bsuechairveeds,sels, i.m, .ps, or vci,lYe. l,s, or .boats, {nhal11l, arrter iruchi quarantine perfcormed1,1be openedi andi air-

ed, in fuch place and for fuch time as fhall be directed concerning the fame,

preventing the '/. And l& it further enacted by the authority aforefaid, That whenever the govern-

SagTwisdia- or or commander in chief for the time being fliall find it neceffary to give any orders or

*g>M8>

directions for preventing any contagious diftempers being brought into this ftate, or

from any port of this ftate infected therewith, into any uninfefted part of this ftate,

by perfons travelling by land or by water, it fliall and may be lawful for the faid go

vernor or commander in chief, by proclamation for that purpofe to be ifl'ued, to pro

hibit all and every perfon or perfons coming from fuch infected places, to enter into

or come within fuch bounds, limits or lines as fhall be in fuch proclamation defcribed,

for and during fuch time as fhall be therein mentioned, and to appoint boats and fen-

tinels to put the fame in due execution; and the perfons appointed, and every of them,

fhall have the fame power to compel any perfons attempting to pafs through or within

fuch bounds, limits or lines, as is by this aft given to the perfons to be appointed for

feeing quarantine duly performed, and mail be liable to the fame penalties for fuffer-

ing perfons wilfully to pafs through or within the fame; and all and every perfon or

perfons wilfully paffing through or within the faid bounds, limits os lines, mall be lia

ble to the fine or imprifonment herein before directed in cafe of any perfon's quitting

any fhip, veffel or boat performing quarantine, and to be difpofed of as in that cafe

provided.

'Setotom"" 8. And le it further enabled ly the authority aforefaid, That from and after the paf-

sbi!>s' firig of this*aftj the pilot or pilots, belonging to the feveral ports of this ftate3 clg be-

QUARANTINE.

fore his or their entering on board-any {hip or veffel, defigried for this ftate, make

ftricl enquiry of every mafter or commander of the fame, whether the plague, fmalU

pox, rnalignant.fever,' or any other contagious diftemper, he in fiich {hips or veflelsj

and every fuch mafter or commander is hereby ftriclly enjoined without equivocation,

or referve, to give juft and true anfwers to all fuch enquiries of the fair! pilot or pilots, .

under the penalties hereafter mentioned and exprefied, and in cafe the faid pilot or

pilots {hall, upon enquiry as aforefaid, find that the plague, fmallpox, malignant fe

ver, or any other contagious diftemper, be in fuch {hip or veflel, fuch pilot or pi

lots, are hereby ftriclly forbidden and prohibited from entering therein, on any pre- .

tence whatever. And if the mafter or commander of any fhip or veflel, or any doc

tor, officer or foremaftman belonging .thereto, {hall refufe to anfwer or give any un

true anfwer to any pilot or pilots relating to healthincfs of ail perfons on board the faid.

{hip or veflel, or {hall refufe to be fworn or affirm to, or anfwer fuch queftions as

may be put to him by the health officer, or other perfon having authority fo to do,

fiich mafter or commander, or fuchdoclor, officer or forernaftman, mall forfeit and

pay the fum of one hundred pounds fterling, to be recovered and applied as herein

before mentioned.

I

9. And be it further enabled,, That the quarantine of any perfon or veflels, or of SS'1"" *f

their goods, mall be of fuch duration, and in fiich places and under fuch regulations as pfce'an"16

(hall be devifedand held expedient, fo far as refnetls the arrival of veflels or perfons rammeiuTy-

i

j

i

i

bee <ind Was--

in Tybee or Waifaw inlets, and rivers thereof, under the infpeQion of the corpora- j^jl^j,,

tion of Savannah ; and fo far as refpefts other inlets or rivers in this ftate, under the^'^TM"

infpeQion of the juftices of the county or commiffioners of the town adjacent to fiich

inlet or river, orcommiffioners of pilotage of fuch port as the cafe may happen ; and

fuch corporation, juftices or commiffioners are hereby fully authorized to fix fuch fen-

tinels, guard boats and to ufe all and every means in their power to enforce this law

for the purpofes intended.

10. And be it further enacted, That on the notification of fuch corporation juftices TIWETM

or others herein empowered, after notifying to the people of the diftricl. they live in, the same i^ , orr thI e necelrir-tty off orKderin' g quarantine to ,be perf<ormedi, f,-orthi withi to tranirmit iby ex- proclamation,

preis, or poft an exaft account and ftatement thereof to the governor and commander

in chief for the time being, who is directed to publifh the fame by proclamation, en

joining and requiring a due obedience to the rules adopted for the preventing con

tagious diftempers being fpread in this ftate, and a due obedience of the duties requir

ed of fuch regulations accordingly.

n. And be it further enaffed, That the health-officer for the port of Savannah, and St,f^(.

the vifiting phyh'cians of any other port, that fliall vifitany veflel or veflels, and grant

a certificate of the health of the crew and paflengers on board, or vifit the fame, if

dircfted fo to do, under this law, {hall be entitled to have and receive the following

fees from the captain or owner of fuch veffel, before fuch vefiel fhall be permitted to

enter : For every {hip, fnow, brig or belander, two dollars ; for every fchooner,

{loop, perriager or boat one dollar; coafting veflels corning from one inlet in the

ftate to another inlet in the fame excepted,

12.* And be it further enabled, That from and after the pafling of this aft, every segroeimp<i

mafter or commander of any {hip or veflel, who fliall 'arrive in this ftate with any rie- lani^T'0 *

groes on board, exceeding ten in nurnber, from Africa or elfewhere, fliall before '{hip.

r veffel be permitted, upon any pretence whatever to enter, be obliged to land awd

* See aft of 1798? prohibiting the importation of Haves.*

RELIGIOUS SOCIETIES.
put on fhore all fuch negroes, there to remain for and during the terra often days, and {hall fuffer them to be and remain o-n (bore at leaft fix hours, in fumrner, and five hours in winter in each of the faid ten days, at the parties own deftion,- for the better purifying and clearing the faid (hip or veffel, and flaves, from any malignant or con* tagious diftemper, any law, cuftom to the contrary notwithstanding.
1 3- And be it further enabled, That in cafe any negroes imported or brought inis.Kiedor.oid. to t ys ftate, mall be fold, landed or put on fhore in any part of the date, before
fuch negroes fliall have been landed, and remained on more at leait ten days or five days or fix hours or five hours in thofe days agreeable to the direction of this aft, all u'?infmmc* ^ Llcn negroes fliall, and they are hereby declared to be forfeited, one third to the inforstaeteduotl'<: mer OT informers, and the remaining two thirds to the ufe of the peft-houfe. Expert under 14. And it is hereby ena&ed. And an appropriation made of all monies that fliall be timatt,uow exp encjec( by an y O f the p 0wers or conftituted authorities, that fhall arifcfrorn enfor cing this aft, and the fame fhall be defrayed by the government of this ftate; and charged to the contingent fund thereof; all former laws refpefcling performing quarRepeaHi.6 aniine, and to prevent the fpreading contagious diftempers, fo far as relates thereto are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentalives* ' BENJAMIN TALIAFERRO, Prefident of (he Senate, Concurred December 17, 1793. GEORGE MATHEWS, Governor.
RELIGIOUS SOCIETIES.
An aft to protect religious focieties in tht exercife of their religious duties,
EIT ENACTED by the Senateand'Houfeof Reprefentativ.es oftheJlateofGeof-* giain General AjJ'cmbly met, andby the authority of the fame, That if any perfon" tubjeiUoTtoeor perfoiis whomfoever, fhall interrupt or difturb any congregation,of white perfons eHic commit-'affembled at any church, chapel or meeting-houle, or any other place for pubHc wor*iy..OJ4 ten fhip, during the time of divine fervice, it fhall be the duty of any juftice of the peace, fheriff, conflable, or any civil officer of the county, being prefent, where the offence fhall be committed, to take the perfon or perfons fo offending into cuflody; or on complaint made by any perfon on oath, to iflue a warrant againfi him or them fo-ofjfending; and the faid juftice is hereby empowered to impofe a fine on fuch offender not exceeding five pounds, or on default of payment of the fame, to commit him OF them to the common jail of the county, or to the neareft jail thereto, for a fpaceof time not exceeding ten days; and if fuch offender be a (lave, to order him or her to bepunifhed by whipping on the bare back, not exceeding thirty-nine Jafbes. jHueffcrthe 2. And be it further enabled, That it fhall be the duty of the fherift" and other ofv*t<> i t ?oor-^^erS5 w homay colleft the fines and forfeitures impofed by this acl, to make a return of the amount fo collected to the clerk of the inferior court, and to pay the fame in to the hands of the overfeers of the poor, for the fole purpofe of fupporting the poor of the county wherein fuch .offence ihall have been committed. And no eoii-

REPRESENTATIVES.

397

greration or company of negroes fhall, under pretence of divine wor'lhip. ftenem6 f.e. l.ves contrary to thi e acnt tror reguliating patrol1s.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives, , BENJAMIN TALIAFERRO, Prefident of the -Senate.
Concurred, December 13, 1792. EDWARD TELFAIR, Governor.

.tarsaserymtbolethceopn-a *"""'

REPRESENTATIVES.
An aft for apportioning -representatives among the feveral counties in thisjlate^ accord* ing to thejirjl enumeration,
W HEREAS the feventh fefction of the firft article of the conflitution directs, Preamble, " That the Houfe of Reprefentatives fliall be compofed of members, from all the counties, according to their refpective numbers of free white perfons, and including three fifths of all the people of color," the actual enumera tion to be made within two years from the date of the faid conftitution; and each enumeration having been made agreeably to the twenty-fifth lection of the laid article, and reported to the legiflature, in order therefore to apportion the reprefentatives of each county refpectively to the faid enumeration or cenfus, Be it enabled by the Senate and Houfe of Reprefentatives of the General AJfembly of thejlate of Georgia., That in future the reprefentation of the refpeclive counties mall be appointed in the fol lowing manner, to wit: Camden, one, Glynn, one, M'lntofh, one. Liberty, two,fpeJSj Bryan, one, Chatham, three, Effingham one, Scriven, one, Burke, three, Bullock, one, Montgomery, one, Jefferfon, two, Lincoln, two, Elbert, three, Jackfon, two, Richmond, two, Wilkes, three, Columbia, three, Warren, two, Waihington, three. Hancock, three, Greene, twoj Oglethorpe, three, and Franklin, two.
DAVID MERIWETHER, Speaker of the Houfe of Reprcfcntatijics* - ROBERT WALTON, Prefident of the Senate-, Affented to February 15, 1799. JAMES JACKSON, Governor.

REVIVAL OF LAWS.
An aft to continue the feveral laws therein mentioned, and for vefling feveral ferries in the perfans mentioned in an aft entitled " An afffor ejlablifhing fevcral ferries in this province in the perfons therein mentioned"
W HEREAS feveral wholefome laws of this province are expiring, ahd it Is expe dient that they (hould be further continued. Ee it enatttd, That an act pal-, fed the twenty-ninth day of February, one thoufand {'even hundred and fixty-four, f for the puniihraent of vagabonds and other idle and d'ibidcrly perfons and for erect- \

REVIVAL OF LAWS.

ing prifons or places of fecurity, in the fevcral pariflies of this province, and for pre

venting trefpades on lands of the crown, or lands referved for the Indians, and for

the more effectual fupprefling and punifnitfg perfons bartering with the Indians in

the woods, which was to continue and be in force for the term of two years, and fur-

ther continued by an aft pa Red the twenty ^fixth day of March, one thousand (even

hundred and fixty-feven, and again continued by an act paffed the tenth day of May,

w- one thoufand (even hundred and feventy, and to the end of the next feflion of the

General Affembly. And alfo an aft paffed the twenty-ninth day of February, one

Anaa to sup- thoufand (even hundred and fixty-four, to fupprefs lotteries, and prevent other ex-

Rx.^assedjorh ceffive and deceitful gaming, which was to continue and be in force for the fpace of

c "I!"Y ' 764' feven years, and to the end of the next feflion of the General Affembly. And alfo an

tfomTaa'of" additional act paffed the twenty-fifth day of March, one thoufand feven hundred and

isjKMxtfii fj xly_fi ve? to an at entitled c ' An act to-fupprefs lotteries, and prevent other'exceffive

and deceitful gaming, which was to continue and be in force for the {pace of fix

years, and to the end of the next feffion of the General Affembly.

ftlfmhff"A." And alfo an act palled the feventh day of April, one thoufand feven hundred and

ventth.owinTM" (ixty-three, to prevent perfons throwing ballaft or rubbifh, or falling trees into the rivers

w riverst&c!"" a|1 d navigable creeks within this province, and for keeping clear the channels of the

fame, which was to continue and be in force for the fpace of feven years, and to the

Ami an aa to a-end of the next fcOion of the General Affembly, and alfo an act to amend the fa id

mm n<.6am?. R Q pa ffe(j the twenty-fifth day of March, one thoufand feven hundred and fixty-five,

and to the end of the next feffion of the General Affembly.

AISO an aei PM- Andalfo an acl pafled the twenty-fifth day of March, one thoufand feven hundred

and fixty-five, to prevent frauds and abuics in the admeafuring and laying out his ma-

J e^y's ' ant'-s in this province, which was to continue and be in force for the fpace of three

' years, and again continued by an act paffed the eleventh day of April, one thoufand

-^even hundred and fixty-eight; and further continued by an aft paffed the tenth of

May, one thoufand feven hundred and feventy, and to the end of the next feffion of

the General Affembly.

Aisoj^aoof And alfo an aft paffed the twenty-fifth day of March, one thoufand feven hundred

wardi iV5 to and fixtv-fiv.e, to amend an acl entitled *' An acl to prevent private perfons from pur*.

amend an atlto

/

"

yurcb%i%i chaRng lands from

the

Indians

and

for

'it"
preventing perfons trading with

them, without

of the Indians, licgnfe, which was to continue and be in force for three years and from thence to the

S'ofTiho? end of the then next feffion of the General Affembly and no longer, and further con-

Furtheimsc- tinned the eleventh day of April, one thouljand feven hundred and fixty-eight, and

tcd>

again continued by an acl paffed the tenth day of May, one thoufand feven hundred

and feventy, and to the end of the next feffion of the General Affembly.

*d6t" 0f pas" And alfo an acl pafled the fixth day of March, one thoufand feven hundred and

pmiihin^fea^fixty-iix, for punifhine feamen and mariners negleclinq or deferring their duty;on men, &c. !, bo'ar, d ,th. eir refrpecr>uve frihips or vefrlrelis, andi fror ' preventing freamen or manners frrom

being harbored or running in debt, which was to continue and be in force for and

during the term, of three years, and further continued by an act pafled the tenth day

1770. pj j\,fay 5 one thoufand feven hundred and feventy, and tp. the end of the next feffion

of the General Affembly,

'

.

; And alfo an act palled the twenty-feventh day of February, one thoufand feven

hundred and feventy, for the better fecurity pf the inhabitants, by obliging the male

tatwS white perfons to carry fire-arms to all places pf public worfhip., which was to conti-

to.pui.ric wr- nue anc! 'De in force |-or and during the term of three years, and to the end of the pest

:fcffion of the General

R'EVIVAL OF LAWS. '

And alfo an aft paffed the fixth day of March, one thoufand feven hundred and Amnkoanaa

fixty-fix, to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine Karci^sV

and firewood, which was to continue and be in force for' and during the term of {"!%% in

three years, and further continued by an aft paffed the tenth day of May, one thou-p1tcl^&<f'

fand (even hundred and feventy, and to the end of the next fcffion of the General ka%%^

A*nff-embIIly'.

/

Mayi77o.

And alfo an act paHed the feventh day of April, one thoufand f&en hundred and A,,na,*

fixty-three, for regulating a workhoufe for the cuftody and punifhmenLof negroes Apru";^"*

and further continued by an aft, entitled "An aft to amend and continue an aft for 2^*%'"*

regulating a workhoufe for the cuftody and punifhment of negroes, paffed the twen-2i,jd'a^"'

ty.fixth day of March; one thoufand feven hundred and fixty-leven, for three years, %cTMf2?

and to the end of the next (effion of the General Affembly.

w. *'^

And alfo an aft paffed the eighteenth day of November, one thoufand feven hun-^^g ^

dred and fixty-Rve, for the eftablifhing. and regulating patrols, and for preventing "^^7%;

any perfon from purchasing provifions or any other commodities from, or felling t?2f&cf *"'

fuch to any ffave, unlefs fuch flave fhall produce a ticket from his or her owner,

manager or employer, which was to continue and be in force for and during the term

of three years, and further continued the twenty-fourth day of December, onethou- c^,^dby

fand feven hundred and fixty-eight, and again continued by an aft paffed the tenth aon74

day of May, one thoufand feven hundred and feventy, and to the end of the next

feflion of the General Affembly.

And alfo an act paffed the twenty-fourth day of December,-one-thoufand (even A,,dan*ato

hundred and fixty-eight, to amend and continue an act for the eftablifhing and regu- Sti"^";

lating patrols, and for preventing any perfbn from purchafing provifions or any other 5r?7s^"

commodities from, or felling fuch to any ffave, unlefs fuch ffavc fhall produce a ticket

from his or her owner, manager or employer, which was to continue and be in force

for and during the term of one year, and further continued by an aft paffed the tenth continuedby

day of May, one thoufand feven hundred and feventy, and to the end of the ncxt**^'?^'

feffion of the General Affembly.

/

And alfo an aft to direct executors and administrators in the manner and method ^%.*a ^

of returning inventories and accounts of their teftators' and inteftatcs' eftates, and*^^^%_

for allowing them and all other perfons who fhall or may be intruftcd with the care %;,.%%-

and management of minors and other eftates, to charge commiffions thereon paffcdTM"""?'^

the twenty-ninth day of. February one thoufand feven hundred and fixty-four for

feven years, and to the end of the next feffion of the General Affembly.

And alfo an aft paffed the twenty-fourth of December one thoufand feven hundred Andaato pM<

and fixty-eight to prevent fraudulent mortgages and conveyances, and for making %rt^'%2

valid ail deeds and conveyances heretofore made with refpcft to any defect in theS^r;^"

form and manner of making thereof, with certain reftriftions, which was to conti

nue and be in force for and during the term of three years; fhall feverally and refpec-g^,,^.^^,^

tively continue and be in force for and during the term of one year from thepaffing}^%)%

of this act and from thence to the end of the next feffion of the General Affembly, ^th'"a-

and no longer.*

2. ^)KJ mAgyga; by a certain act paffed the eleventh day of April one thoufand ^^b^;

feven hundred and fixty-eight entitled " An act for eftablifhing feveral ferries in {^^J^

this province, and for vefling the fame in the perfons therein named, the faid feve-TM

ral ferries are yetted in the feveral perfons in the faid aft named, for the term of five

years only, and whereas the property in the faid feveral ferriers in fuch ferries did

determine on the eleventh day of April laft: .Be ^ zAeyg/bre ea^g^ ^ /Ac a/Aon(y

400

REVIVAL OF LAWS.

aforefaid, That the feveral ferries in the faid aft mentioned fhall be refpeftively vefted
j f) ^ fe vcf&] p er {ons in tjje fa ^ aQ named 5 for t]je fp ac Q f one y ear from tfo e paf,
fing of this act,
By order of the Commons Houfe of Aflembly. WILLIAM YOUNG, Speaker. .
By order of the Upper Houfe of Aflembly. JAMES HABERSHAM, Preftdent,
Council Chamber, September 29$ 1773. Affented to.' JAMES WRIGHT*

* In this aft were contained many afcs which are not now in force, being obfokte or repealed, all cf which are omiftcd as unneceflary.

An aH to extend and enforce the authority of the feveral laws heretofore pajfed in the then province but nffwjlate of Georgia, tot and throughout the territory thereof.
preamble. 1.T7I7HEREAS it has been deemed neceffary by the reprefentatives of the peoV V pie of the thirteen United Colonies of North America, in general congrefs
affembled to declare the faid Colonies free and independent ftates, and thereby have diflblved all political connexion between them and the crown of Great-Britain. And whereas it hath been recommended by the faid congrefs to adopt fuch government, as might, in the opinion of the reprefentatives of the people of the faid ftates, beft con duce to the fafety of their conftituents in particular, and America in general. And whereas in confequence thereof, the reprefentatives of the people of this ftate in con vention afiembled on the fifth day of February in the year of our Lord, one thoufand ieven hundred and ieventy-feven, have fixed on and agreed to a conftitution, for the rule and government of the faid ftate and people thereof. And -whereas divers good and wholefome laws, were heretofore made and paffed in this ftate (then province) and to the end that difputes and difficulties may not arife touching the prefent validity of the faid laws, fo made and pafied as aforefaid, within the faid territory of Georgia. Be it enacted by the reprefentatives of the freemen ofthhjlate in General Ajje.tn.Uy met^ jwvincMiuws, and by the authority ofthefaine^ That from and after the paffing of this aft, all laws Kni!iand,he, cto-heretofore made in, (the then province) now ftate of Georgia, and have not been ren'ort%"pugrannt pealed, and all the laws of England, as well ftatute as common^ relative to criminal tion^id ft,4u matters, and heretofore ufed and adopted in the courts of law in this ftate (then protoene'u?fuifrtd vm ce of Georgia) except in cafes of treafon, lhall be of full force, virtue, and effeft, force. to an intents and purpofes, as were heretofore ufed$ and received^ as the law of this land; any law, uiage, cuftom, article, matter^ or thing at prefent adopted in a change of government, to the contrary in any wife notwithftanding^ fo far as the fame do not contradict, weaken, hurt, or interfere with the refolves and regulations of the honora ble the continental congrefs, or of any refolves and regulations of this, or any former aflembly, congrefs, or convention held in and for this ftate$ and in particular the con ftitution of the fame, made and agreed to by the representatives of the people in con vention afieinbled, and ordered to be the rule and government of this ftate, and the fame (hall extend to, and be in as full force, power, effect, and in as full and ample a manner as the fame were formerly oi force in this ftate (then province), as if the laid territory were an independent ftate? at the time of making end paiimg fuch law<

REVIVAL OF LAWS/'
'%.' And be'it enatted^ That this aft fhall be a general aft, and mall be taken PoUicaJt notice of as fuch,by all judges and other officers of juftice, or government within this ftate, without the lame being fpecially pleaded,
3. And be itfurther enatted, That this aft fhall be and continue, and be in force Qtntim until the firft day of January, in the year of our Lord, one thoufand feven hundred and feventy-eight, and from thence to the end of the next feffion of aflembly.
By order of the Houfe of Affembly. W. JONES, Speaker.
Savannah, June 7, 1777.
An aff to revive and continue thefeveral atfs therein referred to.
i. IT1C THERE AS feveral ufeful and neceffary laws of this ftate (then province) PreWltil(S\ y are expired, and divers other good and wbolefome laws will expire with
this prefent feffion, and to the end that difputes and difficulties may not arife, touch ing the prefent validity of the faid laws fo made and paffed as aforefaid, within the faid territory of Georgia: Be it enacted by the reprefeniatives of the freemen of this Jlate in General Affembly met, and by the authority of the fame, That from and provincialnt after the paffing of this aft, all laws heretofore made in the then province, now ftate Sofo?TMn of Georgia, and have not been repealed: and all the laws of England, as wellSuptiwool" ftatute as common, and heretofore ufed and adopted in the courts of law of the then SShiVuu province, now ftate of Georgia, and which were ufed and of force at the time of the revolution, except part of an aft entitled " An aft to regulate and extend the trade and commerce of this ftate, and to eftablifh an infurance office, for the encourage- ^^'^ merit thereof, and alfo to reftrain the felling of merchandize by public auftion with in the fame," fo far as the fame refpefts the fale of merchandizes by public auftion, fhall be of full force, virtue and effeft, to all intents and purpofes as were here tofore had, ufed and revived, as the law of this land, any law, ufage, cuftorn, article, matter or thing, at prefent adopted in a change of government, to the con trary in any wife notwithstanding, fo far as the fame do not contradift, weaken^ hurt or interfere with the refolves and regulations of the honorable the continental congrefs, or of any refolve, or regulation of this or any former afle'mbly, congrefs or convention, held in and for this ftate; and in particular the constitution of the , fame, made and agreed to by the reprefentatives of the people in convention aflembled, and ordered to be the rule and government of "this ftate, and the fame fhall extend to, and be in as full fojce, power and effeft, and in as full and ample a manner as the fame were formerly of force in this ftate, (then province) as if th faid territory were an independent ftate at the time of making, and paffing fuch laws.
2. And be it enaSled, That this aft fhall be a general aft, and fhall be taken notice thereof as fuch by all judges, and other officers of juftice or government within this Pubhc **' ftate, without the fame being fpecially pleaded.
3. And be it further enabled, That this aft fhall be and continue, and be in full force until the firft Tudday in January, in the year of our Lord, one thoufand fev- c'mtlnultii*j''

402

:

REVIVAL OF LAWS.

en hundred and feventy-nine, and from thence to the end of the next feffion of A.ffembly.
By order of the Houfc. W. JONES, Speaker.
. November 15, 17.78.

An 'd,B to continue the feveral affs heretofore made in the then pro-vines of Georgia, and alfo all aEts made and paffed by the, feveral conventions.! congrejjes and lloufes of Ajjembly of thejlate of Georgia.
i.Tlf THERE AS feveral laws are already expired, and others near expiring! W Be it enabled by the representatives of the freemen of thejlate of Georgia in
General AJfembly met, and it is hereby eriacled by ihe authority of the fame, That the s*tcl2ws!a- feveral laws heretofore made in the then province of Georgia, and alfo all laws made iiaredVo'iwIa and paffed by the feveral conventions, congrefles and Houfes of Afiembly of the fun force. fl. ate Oj.- Georgja (ancj not repealed by this or any former Houfe) except thofe which
are repugnant to the conftitution of the faid ftate, fhall be in full force and effeft, as if the fame had not expired, any Iaw3 ufage or cuftora to the contrary in any wife notwithstanding. continuation. 2. And be it enaffed by the authority aforefaid^ That this aft fhall be and continue in force for the term of one whole year, and from thence to the end of the next fef4on of the GeneraJ Aflembly, and no longer.
Signed by order of the Houfe, JOHN JONES, Sf taker,
Allguft 21, 1781,
Atteft, ABRAHAM JONES, Clerk.

An #& to continue the feveral laws of this ftate, near expiring^ andfor ether purfiofes therein mentioned.

* \ \ /"HEREAS feveral neceffary laws of this ftate paffed before the revolution*

yy are near expiring, and it is expedient for the welfare thereof that they fhould.

be farther continued: Be it therefore ena&ed. by the reprefentalives of the free

men of this ftate in General Ajjembly met, and it is hereby enaSed by the authority

f the fame, That an at paffed the feventh day of April, one thoufand feven hun-

dred and fixty-three, to prevent perfons throwing ballaft or rubbifh, or falling trees

into the rivers and navigable creeks within this (late, then province, and for keeping-

i'e'nehe to

" cleat the channels of the fame; and alfo an act to amend the faid aft, ty -fifth day of March, one thoufand feven hundred and fixty-five.

palfed

the

twen-

Alfo an aft paifed the fixth day of March, one thoufand feven hundred and fixty-

x, for punifliing feanien and mariners, neglecting or deierting their duty on board

'

^niP s or veffels, and for preventing feamen or mariners from being

'.jiar|30re( or running in debt,

fcViV-AL 6P LAW& '

4^3

And alfo an aft to prevent frauds and deceits in felling beef, pork, pitch, tar, tur- A^.^,TM aV

pentine and firewood, pafled the fixtb day of March, one thoufand feven hundred ;?^-fSS?in

and {ixty-fix; a.Hb an aft for amending an aft, entitled " An aft to prevent frauds ^;|T^e!V

and deceits in felling beef, pork, pitch, tar, turpentine and firewood, paflcd the ^'^L

twenty-fourth, day of December, one thoufand feven hundred and {ixty-eight.

f^d'Jh'")^

And alfo an aft pa fled the fevenlh day of April, one thoufand fevcn hundred and-^.;;;1'^^,.

fixty-three, for regulating a workhoufe for the cultody and punifhment of negroes, ^'uf^u'-'

and further continued by an aft entitled " An aft to amend and continue art act fonfou*,*^

regulating a workhoufe for the cultody and puniihrnent of negroes," pafled the?. amenda.iucoa

.twenty-Oxth day of March, one thoufand feven hundred and Gxty-feven.

And alfo an aft pafled the eighteenth day of November, one thoufand feven hun-*^1^;;,^

dred and fixty-five, for the eftablifhing and regulating patrob, and for preventing any towtawi'l'p**

perfon from purchafing provifions or any other commodities from or felling fuch to tro's' &e

any flave, unlefs fuch flave {hall produce a ticket from his or her owner, manager,-or

employer.



And alfo an aft to regulate the wharfs and (hipping in the feveral ports of this *'^"caa "!

ftate, then province, and afcertaining the rates of wharfage, of {hipping and ftorage, ^^"Ic,

and alfo the duty of an harbor mailer for the port of Savannah, and to authorize

the {'aid harbor matter to put in force an aft entitled " An act to amend an aft to pre

vent perfons throwing ball aft or rubbifli, or falling trees into the rivers and navigable

creeks within thisftate5 (then province*,) and for keeping clear the channels of the lame."

Alfo an aft to prevent Healing of horfes and neat cattle, and unlawfully branding, *^'t ^

marking, killing or driving the fame, paffed the twenty-ninth day of September, one ^E^^-^-

thoufand feven hundred and feventy-three, fhall feverally and refpcfchvely be, and S^'V'//,1'11 '

they are hereby Affembly.

continued

in

full

force until

repealed

by

this

or

fome

future

General STM""" *"**

2. And whereas at the time of the invafion of this ftate by the Briiifli troops in the M>HC{-

year one thoufand feven hundred and feventy-eight, the public records were fen t state for sera-

away to prevent their falling into the hands of the enemy, and have not yet been re

turned into this ftate, from which caufe the feveral laws heretofore paffed and which

may be now expiring, cannot with precifion be known, and if no remedy be applied

there is reafon to believe great injury may accrue to the citizens of this ftate, for the

prevention thereof: jie it further enaffed by the authority aforefaid, That all.laws A1j|.,ws p,5!ca

paffed before the twenty-ninth day of December one thoufand feven hundred and ?$; December

feventy-eight, which are or may be near expiring, and that are not repugnant to the a^JX'i-

conltitution of this ftate, or in their nature temporary, be and they are hereby declar- pu|ranttoethe

ed to be in full force, and that they fhall continue in force until repealed by this or Sraf'tTi's

i,, omq,, tutu.re.l, eg. nlature.

i'

'r

/

rinepMeallefdo.rce til!

3. And be it farther enabled by the authority aforefaid, That nothing contained in ^TMJj^0^

any aft or afcls heretofore in force, fhall extend to enable his honor the governor, to^^f 0^

lay an. embargo OH Indian corn, or any other fpecics of grain or flour, except when a

general embargo {hall be found neceftary to be laid thereon, and that in cafes only of

particular emergency, and for as fhort a period as fuch emergency will poffibly ad

mit of. And that in any cafe when an embargo {hall be laid by his honor the govern

or and the executive council, the legiflature ftiall be convened as foon thereafter as

may be done agreeable to law, in order that their fenfe may be taken on the expedi

ency and propriety of continuing the fame.

By order of the Houfe.

Agufta,July 30, 1783.

WILLIAM GIBBONS, Speaker,

404

REVIVAL OF LAWS,

An act'for reviving and enforcing certain laws therein mentioned*.

HERE AS, during the late convulfions in this ftate, feveral falutary laws-

were loft and destroyed, that had from time to time been enafted by the

General Affcmbly of the fame; and among others, an aft reviving and putting in

force fuch and fo much of the laws of the province of Georgia as were adjudged ne-

ccffary to be in force in this ftate : And whereas, the faid laws are for the moft part

fuited to the circumftances of the people: And whereas, it is abfolutely neceffary for

the well governing every ftate, that laws properly adapted to the circumftances of the

inhabitants be at all times in force: Therefore be it enabled by the reprefentatives of the

^freemen of the. Jlate of Georgia in General AJJcmbly met, and by the authority of the

Auiawsinforcey^TOe, That all and angular the feveral afts, claufes, and parts of atls, that were in

cmKr?r75toThc ^orce aH(^ binding on the inhabitants of the faid province on the fourteenth day of May,

fwfrinJcte<ma* m the year of our Lord one thoufand feven hundred and feventy-fix, fo far as they

J^iffulfforce! are not contrary to the conftitution, laws, anxl form of government now eftablifhed

in this ftate, fhall be, and are hereby declared to be in full force, virtue and effeft, and

binding on the inhabitants of this ftate, immediately from and after the paffing of this

aft, as fully and effectually, to all intents and purpofes, as if the faid afts, and each of

them, had been made andenafted by this General Affembly, until the fame fhall be

An<ut.e>m. repealed, amended, or otherwife altered by the legislature. And alfo the common

UWE'O?Engird law of England, and fuch of the ftatute laws as were ufually in force in the faid pro-

euxncdecprtitohness,ame vince, except as ibefore exceptedi.

i

AiifirKs,&c, 2. And be it further enaSed by the authority aforefaid, That all fines, penalties and

Sn^tfb^aw forfeitures inflicted or made payable by any of the aforementioned afts to the king of

Wtuetreasu- Great-Britain, are hereby direfted to be paid into the publrc treafury of this ftate,

public officers ^ol tne u ^e ^ l ^ e fame - And that all authorities given and enjoined by any of the

t"eeSfeTMow- faid afts to any public officer, are hereby given and enjoined to fuch public officers,

t";he"amebre? appointed under the conftitution or form of government eftablifhed in this ftate, and

'4**- 'agreeable to the fame.

By order of the Hou fe.

JAMES HABERSHAM, Speaker*

Savannah, February 25, 1784.

ROADS AND BRIDGES.
n aft to fflabiiflia road from Louifville to Savannah, one from Louifuille to Wafhington in Wilkea county 3 and another from the Chickefaw ford on Brier Creek to Colum bia court-houfe.
HEREAS a road is now opened from within tl^ree miles of Louifville, to within fifteen miles of Savannah, that is to fay, beginning at Lambert's big creek in the county of Jefferfon, to M'Cullers' mill-fpririg on Buekhead to Ifaae Brinfon's, thence to Afa Tanners^ from thence into the Augufta road above capt. John Spencer's. And whereas bridges are now erefted over Lambert's big creek, big Buekhead, little Buckhead, and little Ogechee, at a great expense, but defrayed by the generous fubfeription.of individuals; Be it therefore enabled by the Senate and Houfe

ROADS AND BRIDGES.

405

ofReprefentatives of the flate of Georgia in General Affembly met, That the laid road Ku5',v'mTMo be eftabliftied as a public one, and that John Clements, John Powell, and Hugh c^m'iiiouck

Alexander, for the county of Jefferfon ; Bryant M'Cullers, Ifaae Brinfon, and Batt a'>lK"nte '

Jones, for the county of Burke ; Richard Cooper, Gabriel Parke, and Afa Tanner, for the county of Scriven; and Earned Zitteror, Samuel Ryall, and Chriftopher Baily for the county of Effingham, be cornmiffioners in the counties to which they refpe&ively belong, to open and work on fuch parts of the faid road from Louifville to

Savannah as are not already opened, and to- keep in repair the remainder. 2. Andbe it further enaBed, That the faid commiffioners mail have full power to inhabitant* 1&.

call out the inhabitants liable to work on the fame agreeably to the exifting road at!" eca11"*

now in force.

3. And be itfurther enaSed, That one other road be opened and laid out from Roadtobco.

Louifville, to the town of Waihington (Wilkes county) acrofs Little River at Wil-S"',""^ liavnfon's mill ; and that William Black, Zachariah Gray, and James Rogers be ap- cIS!rlfSf pointed commiffioners for the county of Jefferfon; Ifaiah Tucker, Solomon New- nommate

fora, and Vinfon A. Tharpe, commiffioners for the county of Warren ; and Robert

Mathews, Thomas Porter, and Richard Woriham, be appointed commiffioners for the county of Wilkes ; whofe duty it fhall be to view, lay out, open and keep in re pair the aforefaid road, and (hall have the fame powers given by law to commiffion ers or furveyors of roads in this irate.

: 4. Be itfurther enacted, That a public road be eftablifhed from the Chickefaw Theroa<Jfl.otn

ford on Brier Creek to Columbia court-houfe, and that James Culbreath, John liobbs ^^5*^

and Thomas Waggoner, be appointed commiffioners on the part of the county of him* court*

Richmond and Burke, and that John M'Donald, David Harris and

Han-fi^*"

cock, be appointed comnailEoners on the part of the county of Columbia. And in

cafe of death, resignation or removal from office of either of the aforefaid commiffion ers, the inferior court of the county in which fuch vacancy may happen, {hall fill up

the vacancy at the next fucceeding court, any law to the contrary notwithstanding.

DAVID MERI WETHER, Speaker of the Haufc of Refrcfentativth

DAVID EMANUEL, -President of the Senate. Concurred, February 11, 1797.

JARED JRWIN, Governor*

Mn aH to empower the inferior courts of the feveral counties in this /late, to order the laying out of public roads, and to order the building and keeping in repair of publicbridges,
i. T> E IT ENACTED by the. Senate and Houfe of Reprefentatives of the flate of JLJ Georgia in General Affembly met, and by the authority of the fame it is hereby Aii-roadS now
enacted, That all the roads in the feveral counties of this ftate, that have been laid out racd)TMwicdecl;i' by virtue of any acl; of the General Affembly, or by virtue of any order of court/ are hereby declared to be public roads; and that from time to time, and at all times hereafter, the inferior courts of the feveral counties in-this ftate fhall have full now- o^crauS er andiauf tho.rity to ord1 er 1 the1la- ying out orp pubi liic roadis where the fame may beI ne-^TMby th1,^ein'"fe1br1eiioerw ceffary, and. to difcontinue fuch roads as now are or fhall hereafter be made, as fhall Sitf 1'5 Mid-

40&

'

HOADS

be found u (clefs, and to alter the roads, fo as to make them more ufcful and

rueiu, as oiten as occaiion Ihail require.

Ncwroadstobe 2. And be it further cnaffed, That all roads hereafter to be laid out, fhall be laid out

three"Viimis- by three or morecorrimiflloners, appointed by the faid inferior courts refpcftivcly, which

coinmiffioners, being freeholders, '{hall take an oalh before any juftice, to lay out the

fame to ihe greateft eafe and convenience of the inhabitants, and as little as may be to

fe.TMm aKKue-'he prejudice of any private perfon or perfons' enclofed ground. And when any perfon

toids'iww'to or perfons (hall feel him, her or themfelves aggrieved by reafon of any road being

to.-redrew, j^ out through his, her or their enclofed ground, it ihali be the duty of any two or

-more of thejuftices of the inferior courts, on application in writing by the perfon of

perfons injured, to ilfue a warrant under their hands, direcled to the fheriff of the

county, to fummon a jury of freeholders, who (hali be (worn to affefs fuch damages;

and that the fheriff fliall make and return a true inquiution thereof to the next infe

rior court; and it fhall be the duty of fuch court to order the amount of damages fo

aflefied to be paid out of the next county tax, or out of any public monies belonging 10

hovuo. the county fund: Provided neverlhelefs, That where it fhall appear to the inferior

court that the damages fo aflefled traili'cend the utility of that part of the faid road,

fuch court (hall order the fame to be altered in fuch manner as to avoid the enclofed

ground fo damaged, unlefs the perfon complaining fhall agree to accept fuch com*,

penfation as fhall be deemed juft and reafonable by fuch court.

noaiuto.be g. And be it further enabled., That all public roads laid out or now in ufe, or which

wide/ ^ {hall be hereafter laid out, fhall be cleared of all trees, ftumps$ grubs and brufh, at

leaft twenty feet* wide, and fuch limbs of trees as may incommode horfemen or car-

causewys TMd riages fhall be cut away; all bridges or caufeways made or to be made over fmall

wnKreams water-courfes, and caufeways over fwamps or low lands, fhall be made and kept in

fc'etwue'and repair by the hands fubjeft to work on the roads where the fame may be neceflaryj

?Jns'iiXie (to and the pieces wherewith the fame fhall be made, fhall be laid acrofs the road, and

*' be at leaft fixteen feet long, well fecured, made faft, and covered with earth.

4 And be it further enatled, That all free male inhabitants between the age of fix-*

siiaiii>eabided teen and forty-five years, an,d all male fiaves,t (hall be fubjecl to work on the public

iuw diimft,. j.oa(js . an(j jt rjiajj jjg t[ie d uty pf the inferior courts in each county, within fix months

after the pafling of this aft, to divide the feveral roads within the refpefctive counties

into diftrifts of convenient length, and fhall from time to time apportion the perfons

overseetsap- fubjeftto work on the roads, among the feveral diftrifls, in fuch manner and in fuch

FnfcriMcourts, proportion as they fhall deem juft and equitable, regarding as, far as poffible the coiv.

veqience of the people and the fituation of the roads,

a.aiitakcan And the faid inferior courts fliall alfo within the aforefaid term of fix months, ap-

oath

point one fit and proper perfon, being a freeholder, as overfeer of each diftrift of

informed of roaxl, who (hall take an oathj before fome juftice, truly and faithfully to perform

'men" by "he the dudes required of him by this aft. And the laid inferior courts, fhall, from time

to time, make fuch alterations in the diftrifts, and apportionment of perfons to work

thereon as occafion may require. And the clerks of the inferior courts fliall, withirr

ten days after the appointment of the overfeers, and apportionment of perfons to

work in the feveral diftrifts, give notice of fuch appointment, to the faid overfeersa

and alfo ferve them with a lift of the perfons to work within their feveral diftrifts.

* See aft of 1800, feft. 3, refpefting erofs-roads; alfo fe&. 4, refpeting trees, ftumpsx &<?%,

-)- See aft of 1800, feft. 5. explaining this feftion,

J Repealed by aft of 1800, fet ?,.

"

ROADS AND BRIDGES.

407

g. And be it further enatfed, That all overfeers of roads, who fhall refufe or neg- ovsrS fy,i-

left to do their duty, as is directed by this aft, or Ihall not keep the roads and brid- withtMTSiy ges over {mail, wate'r 'couri,,es, and caulJeways over' trwamps ana1 l1 ow 1landJs in repai r, or jsh^all?for,fe^it f^ive

let them remain uncleared or out of repair, for and during the fpace of thirty days, unlefs ^lTM^l^10Jn

hindered by extreme bad weather, fuch overfeer fliall forfeit for every fuch offenceTM^-

the fum of five dollars, to be recovered in the juftices' court of the dittrift in which

fuch overfeer may refide for the ufe of any perfon or perfons fuing for the fame; and

fliall neverthelefs be fubjeft to an action for damages at the fuu of any perfon injured

by fuch refufal or neglect.

-

6. And be- it further enacted, That whenever the faid roads, Small bridges and ^"\\"*A^

caufeways (hall require repairing, the overfeers fliall sive at leaft five days' notice to all tnVSadVand

perfrons lrubI jecol to w orki wi thi in thi ei r reirpecnt-ive di-initri-c?tls, ot(-1the tu ne andJ pl1 ace otr at-' pbariir<,lsesntcdr&

tendance with fuch tools as he may deem neceffary; and if any perfon fubjeft to

work as aforefaid, fliall fail to attend agreeably to fuch notice, together with all (laves ^attend"!""?

owned by them or under their care and management, they fliall be fubjeft to the fol- nSS rents

lowing fines, to wit: for the non-attendance of every free perfon, the fum of one ote;"-"'4y*

hundred cents, per day, and for every flave the fum of one hundred cents, per day;

to be levied of die goods, chattels, lands, and tenements of fuch defaulters, by warrant Tobe^cdhy

of diftrels and fale, under the hand and feal of any juftice of peace in the diftrift Jstice.

where fuch defaulters may refide; or be recovered before any court having compe

tent jurifdiftion of the fame, unlefs the party making fuch default fliall, within ten

days thereafter, make fuch excufe, on oath, as may be deemed fatisfaftory to the J,',1*?8 ,TM^

overfeer: And provided alfo, That no juftice of the peace fhall be authorized to if-pTM^js>&c-

fue a warrant as aforefaid, without fatisfaftory proof being firft made that the notice

required by this aft was duly ferved.

7. And be it further enafted, That all fines fo as aforefaid incurred and colleftedat"d! apinoim"

fhall be one half for the ufe of the overfeer of the diftrift, and the other half to be paid

to the ovefeer for the repairs and improvement of roads within his diftrift

8. And be it further enatted, That where any perfon or perfons fliall have made&c8'TM*??TM.-

any fence or laid any other obftruftion acrofs, or in any public road heretofore laid oversM.e

'out without the leave of any court having cognizance thereof, it fhall be the duty of

the overfeer of the diftrift in which the fame may be, within three months after his

appointment to caufefuch obftruftionto be removed, and the road reftored to its ori

ginal fituation; unlefs in the opinion of fuch overfeer, the road now ufed is equally

convenient with the original one; and when any perfon fliall be defirous of remov- bfateJiZo?

ing anyroad for private convenience, fuch perfon fhall petition any one or more S5^> conv*

juftice or juftices of the inferior court for leave to remove the fame ; and on fuch pe

tition it (hall be the duty of the faid juftice or juftices, to iffuehis or their order directed

to any three freeholders of the neighborhood, who being fworn as is by this aft here

in before directed, fliall proceed to view the ground over which fuch removal is intend

ed to be made ; and if the faid freeholders fhall report, that fuch alteration will be

equally convenient, the inferior court may order the fame to be made by the perfon

.praying the fame, which fhall be cleared in fuch manner as is herein before directed.

9. And be itfurther enctSed, That when any perfon {hall hereafter make any fence or ^Su'pV

cut any tree, or make other obftructions in or acrofs any public road (unlefs removed S M&

within two days) fuch perfon ihall for every fuch offence pay a fine not exceeding

twenty dollars to be recovered by warrant under the hand of any juftice of the peace; Howcovea*

to be applied, as herein before direted : And it (hall be the duty of the overfeer of the*"" !Wlieii<

diftritt forthwith to caufe the faid obftruftion to be removed.

4o8

ROADS AND BRIDGES.

to. And whereas the public good requires that a road fliould be opened.and kept

in repair from the town of Riceborough in the county of Liberty, to the town of St.

Mary's in the county ,of Camden, by way of Fort Barrington on the river Alatamaha.

MwMtantof SeitJurther^uaSed, That all the male inhabitants in the counties of M'lntofli,

Giyn'uand Glynn and Camden, fubjecl to work on the roads in the faid counties, including all

fowootoa&H. the iflands belonging to the faid counties of M'lntofhj Glynn and Camdenv {hall be

, roi<1 '

liable to work on the faid road, under the fame rules and regulations, and fubjefct to

the fame fines for default as is before pointed out by this act : And the j uftices of the

inferior courts in the afore faid counties fliall appoint overfeers in their respective coun

ties to carry this act into effect, any law or claufe of laws to the contrary notwith-

ftanding.

:

A bridges e- 1]U And be it further tnatted, That all the bridges that have been erected by any

pubfic.Kireii act of the General Affembly, or by virtue of any order of court, not being private

to be public, toll-bridges, are hereby declared to be public bridges. And that from time to time

interior onrts hereafter, the inferior courts of the feveral counties {hall have full power and autho-

eu'es.

rity to appoint the places for erecting public bridges j and it fliall be the duty of fuch

re iw kept in courtsto appoint one or more commiffioner or commiffioners, to contract for the

tSfireore*s building fuch bridges, as may be deemed necefifary, for a time not lefs than five nor

vSreyea?" se" more than feven years.: And the faid commiffioner or commiffioners, before he or

Qfb,TMgessS they fliall enter on the duties of fuch appointment, mall take an oath before fome

take an oath. j ufl.j ce of fa inferior court or of the peace, truly and faithfully to perform the truft

repofed in him. And the faid commiffioners being fo {'worn, fhall advertife the time

noTfceTo'be' 5' ie1Sg0ofthe

and place for letting the fame, at three or more public places at leaft twenty days, and {hall then let the fame by public outcry to the loweft bidder, taking bond payable to

his excellency the goveror or his fucceffors in office, to be depofited in the office of

the clerk of the inferior court with at leaft two freeholders as fu re ties for the perfor

mance of fuch building and keeping in repair) and the inferior court fliall levy the

amount thereof on the county, or order the fame to be paid out of any of the funds of

the county fubjecl to their difpofal.

12. And be it further enabled, That when bridges fliall be neceflary over any wa

ter eourfe which divides one county from another, the inferior court of each county

how co be fcuilt.

fliall join in appointing commiffioners for the building and keeping in repair the fame :

and the expence thereof fliall be defrayed by both counties in proportion to the

amount of the general tax of each, to be eftimated by the digeft of the general tax ta

ken next before fuch contract.

coromifsu 13, And be it further entitled^ That whenever any public bridge fliall require re-

gfvTnotfce pairing it {hall be the duty of the commiffioners or one of them to give notice in wri-

bi-wgeifoutof ting thereof to the undertaker or one of his fecurities, ftating the repairs neceffary to

tepa'r' be made, and requiring the fame to be made within a reafonable time to be fet forth

in the faid notice, and if the fame fhall not be made within fuch time, fuch commif

fioner or commiffioners, fliall employ fome other perfon or perfons forthwith to make

agSthe un- fuch repairs j and fliall immediately thereafter iffuean execution againft the faid un-

mwiia/cafes. dertakerand his fecurities for the amount given for the faid repairs with cofts.

AcommM- J 4- And be, it further enabled, That when any commiffioner appointed for letting

SSSertS"1!^ an y public bridge under and by virtue of this aft, fhall undertake the building and

office. fceeping jn repair the fame, or fliall become the fecurity for any other perfon fo under

taking, the powers of fuch commiffioner fliall from thenceforward ceafe and deter~

mine, and the inferior court of the county fliall appoint another in his room.

ROADS AND BRIDGES.
15. And be it further matted, That all former laws on this fuhjeft fo far as they militate againft this law be and they are hereby repealed.
DAVID MERI WETHER, Speaker of-lhe Hovfe ofReprefentaiiva*. DAVID EMANUEL, Prejident of the Senate. Afiented to December 4, 1799. JAMES JACKSON, Governor.

aH to alter and amend an acl to empower the inferior courts of the feveral counties in thisjlate to order the laying out the public roads, and to order the building and keeping in repair the public bridges.

t. T> E IT ENACTED by the Senate and tioufe of Reprefentatives ofthejlaie of Gcor-

JLJ gia in General AJJ'embly met, and by the authority of the fame, That whereas by ^ Onnnfc

an aft pafled on the fixthday of December, one thoufand feven hundred and n i nety?^?^fTM(j'Jf

an excluiive right was given to James Gunn and Wade Hampton, their heirs and af- Sv^Greit'u^

figns forever, to ereft, and keep in good order and fufficient repair, a bridge over ch-

the great Ogechee River: And whereas, the faid James Gunn and Wade Hampton

did ereft a bridge over the fame agreeable to the faid aft, but have neglected to keep

the faid bridge in good repair, whereby the lives and properties of individuals are en

dangered: Therefore be it enabled, That it is hereby declared to be the duty of the J^?/^',?^ .

faid James Gunn and Wade Hampton, their heirs or affigns, who may now be in saidbridgc'

polfeffion.of the faid bridge, to keep the fame in good and fufficient repair, and fub-

jeft to the infpeflion of two or more commiffioners, to be appointed by the inferior commissioner

court for the county of Bryan for that purpofe; and it is hereby .declared to be the du- ^tfiP1g|"*f hy

ty of the faid commiffioners, to infpeft the faid bridge monthly, and whenever it mall be ^""/to'Ic"'

found that the {aid bridge wants repairing, they are hereby direfted to notify the lS"i" Ulfivc'

owners or proprietors of the fame to commence the repair within five days, and in

cafe of the refufal or negleft fo to do', 'it {hall be the duty of two or more of the in

ferior court iuftices of the faid county,- on complaint to them being made by the <= done t>y the atroreiraid1 commilririoners, to di i recnt thi e commilririoners alrorelra-idi to proceedi to pur- commissioners.

chafe materials and hire workmen to complete the fame, and to notify the proprie

tors or their attornies that the faid expences of fuch repairs are to be paid for imme

diately on completion of the famejjand in cafe fuch proprietors or owners {hall fail Amlpilidbyt,,5

to pay the fame, then and in that |afe jt {hall be the duty of two or more of the S^^nj"

faid inferior court juftices to award'execution; which faid execution fhall be direft- ^^8,7**

ed to the fheriff, deputy fheriff or conftables of either the county of Bryan or S^ttoTM"*

Chatham, againft the property of the-*faid proprietors or owners, and, on giving

fifteen days' notice, proceed to fell the fame; and if any overplus after paying the

neceflary expences attending the fame} to return the faid overplus to the owner or

proprietors of the faid bridge.

:

2. And be it ,farther enaffed, That fo much of the above recited aft, entitled That!of .

" An aft to empower the inferior .courts of the feveral counties to order the laying PTM^^'

out the public roads, and to orde|- the building and keeping in repair public bridges, S,frw"*,

as refpefts the oath therein preferred to betaken by the overfeers of diftrifts be 'and

the fame is hereby repealed,

~ 3 F'

4'

SABBATH.

todlreath"* 3- And.be it further enabled, That the inferior courts of the refpeclive counties with-

jngoutcro!? in this ftate are hereby authorized and empowered to direct the manner and mode of

keeping in repair all crofs, and other roads not being an immediate or direft market

road, leading through their refpective counties; in fuch manner as they in their judg

ment may think moft proper.

ovmeersneed 4. And be it further enafted, That fo much of the before recited act, directing the

*wnps,&c. overfeers of diftricts to remove all (tumps and trees, fhall be conllrued fo as to remove

fuch flumps and trees from being obftructions to wheel carnages, by cutting the fame

as nearly even with the furface as poffible j and that no perfon fhall be liable to work

upon any road more than fix days at one time, nor than twelve days in one year.

roads '

le 5- And be it further, enafted. That the age of male negroes liable to work on the public roads in this ftate fhall be between the age f fixteen and fifty.

^' ^ n^' ^e it farther enabled, That all laws or parts of laws, which any way mili

tate againft this act be, and the fame are hereby repealed.

DAVID MERI WETHER, Speaker of the Houfe of Reprefentttives.

DAVID EMANUEL, Prefident of the Senate.

AiTented to December i, 1800.

JAMES JACKSON, Governor,

SABBATH.
An atfor preventing and puni//iing vice, profaneneff and immorality ^ and for keeping holy the Lord's'day^commonly called Sunday,
jfTOimbi,. "\7I/"HEREAS there is nothing more acceptable to GOD than the true and fincere V V worfhip and ferviceof him, according to his holy will, and that the keeping holy the Lord's day, is a principal part of. the true fervice of Goo, which in this province is too much negleQed by many. i Compels all perfons to attend worfhip--repugnant to the conftkution,
vcrsons work- 2. Be. it further enabled, That no trade fmaii, artificer, workman, laborer, or other .Sauforfeit ten perfon whatfoever, fhall do or exercife any worldly labor, buiinefs or work of their shillings, or rdinary callings, 'upon th,e-Lr or,d,s ,day, o}r any p'art th, ereoic (fwork5 s otr neceiririty or %
charity only excepted) and that every perfon being of the age of fifteen years or up wards offending in the premifes, fhall for every fuch offence forfeit the fum of tea Nogoodsto()e fhillings. And that no perfon or perfons whatfoever, fhall publicly cry, fhew forth .old on that or ex p0 fe to fale, any wares, merchandizes, fruit, herbs, goods or chattels whatfoever,. upon the Lord's day or any part thereof, upon pain that every perfon fo offending mall forfeit the fame goods fo cried, or mewed forth, or expo fed to fale3 or pay ten millings.
3 Reftrains perfons from travelling on Sunday. Obfolete. Bunting,shoot. 4, And be it further enatted, That no-public fports or paftimes, as bear-baiting., .SS'pmai- bull-baiting, foot-ball playing, horfe-racing, mooting, hunting or riming, interludes J^E'V " or common plays, or other games, exercifes, fports or paftimes whatfoever, fhall be
ufed on the Lord's day by any perfon and perfons whatfoever; and that all and every perfon and perfons offending in any of the premifes, {hall forfeit for every fuch of fence the furn of five (hillings fterling.

SABBATH,

411

5. Andbeitfifrthef'enafted, That no vintner, innholder or other perfon keeping |'c'"ofept

any public houfe of entertainment, fhall entertain, or fuffer any.perfon or perfonsSys.TM"''"'

(except ttrangers or lodgers) in fuch houfes or otit-houfes, to abide- or remain ; nor

1,-hall they fuffer any perfon or perfons whatfoever, in their faid houfes, out-houfes,

yards, orchards or fields to abide or remain drinking, or in any manner idly {'pend

ing their time on the Lord's day, upon the pains and penalties of five {hillings for eve

ry :perfon offending,payable by themfelves refpecVively, that {hall be found fo drink

ing or abiding in any fuch public houfe or dependencies thereof as aforefaid, and the

like finn of five {hillings to be paid by the keeper of fuch houfe for every perfon C'MISUM,&.

entertainedi .oy th em.

'

.

ptoii.e>xBaiim,)iiWneih>~-

6. And for the better keeping of good orders on the Lord's dayj Be it further mac- u" "y>

ted, That the church wardens and conftables of each parifli refpectively, or any one

or more of them, {hall once in the forenoon and once in the afternoon, in the time

of divine fervice, walk through the town of Savannah, and the refpeftive towns of

this province, to obferve, fupprefs and apprehend all offenders whatfoever, contrary

to the true intent and meaning of this aft; and they {hall have power, and are here- Atulta me

by authorized and empowered to enter into any public houfe, or tippling houfe, to SJ.;,clvii;*

fearch for any fuch offenders; and in cafe they are denied entrance, {hall have power,

and are hereby authorized and empowered to break open, or caufe to be broke open,

any of the doors of the faid houfe, and enter therein; and all perfons whatfoever are

ftriftly commanded and required to be aiding and afiifting to any conftables or other

officers in their execution of this aft, on the penalty of ten millings fterling for everyjtiiw*

refulal,

.

<ii'?'i il0oolidze

7. And le it further enaRed, That for better execution of all and every the forego

ing orders, every juftice of the peace within his county or parifh, fhall have power

and authority to convene before him any perfon or perfons whatfoever, who fhall of

fend in any of the particulars before mentioned, and upon his own view or confeffion

of the party, or proof of any one or more witnefles upon oath, which the faid jufti

ces are by this act, authorized to adrwiniiter, the faid juftice, or juftices {hall give a

warrant, under his, or their hand and feal, to the conftables or church wardens, or

either or any of them, of the parifh or parifhes where fuch offence fhall be committed

;to feizethe faid goods, cried, fhewed forth, or put to fale as aforefaid, and to fell the

fame; and as to the other penalties and forfeitures, to iinp,ofethe fine and penalty for

the fame, and to levy the faid forfeitures and penalties, by way of diftrefs, and fale of

goods, of every fuch offender returning the overplus, (if any there be) after reafonablc

charges allowed for the diftrefs, and fales. And in cafe of default of fuch diftrefs, or

in cafe of infufiiciency or inability of the faid offender, to pay the faid forfeiture or

penalties, that, then the party offending be fet publicly in the flocks, for the fpace of two

hours, and all and fingular the forfeitures or penalties aforefaid, fhall be employed

and converted to the ufe of the poor of the parifli, where the faid offences fhall be

committed, and to be delivered into the hands of the church wardens, or overfeers of

the poor for that end; faving only, that it {hall and may be lawful to, and for any

fuch juftice or juftices, out of the faid penalties or forfeitures, to reward any perfon or

perfons, that fhall inform of any offence againft this act, according to his or their dif- PlOTS*'

cretion, fo as fuch reward exceed not the third part of the forfeitures or penalties.

Provided, That nothing in this act contained, fhall extend to the prohibiting of dref-

fing of meat in families, or dreffing, or felling of meat in inns, victualling houfes or

other public houfes, for fuch as cannot be otherwife provided ; nor to the buying or **"""'

felling of milk and fifh, before nine of the clock in the morning, and milk after four

of the clock in the afternoon j Provided alfo, That no perfon or perfons fhall be jj-

i

SABBATH.

peached, profecuted or moJefted for any offence before mentioned in this act] un-

lefs he or they be profecuted for the fame, within ten days after the offence commit

ted,

Writs, war 8. And be it further enaSed, That no perfon or perfons upon the Lord's day, mall

rants, <tc not to he executed

ferve, or

execute,

or

caufe to

be

ferved

or

executed,

any writ, procefs,

warrant, order,

on Sunda i judgment, or decree, except in cafes of treafon, felony, or breach of the peace; but

that thefervice of every fuch writ, procefs, warrant, order, judgment or decree fhall

be void to all intents and puvpofes whatsoever. And the perfon or perfons fo ferv-

ingor executing the fame, {hall be liable to the fuit of the party grieved, and to anfweF

damages to him for the doing thereof, as if he or they had done the fame without any

persons served writ, procefs, warrant, order, judgment, or decree at all. And in cafe any perfon or

Swr^d.111"1'5' perfons {hall be imprifoned or detained in cuftody by any writ, procefs, warrant, or

der, judgment, or decree, fo ferved or executed upon the Lord's day, upon motion,

or petition made to the chief juftice, or any one of the affiftant juftices for the time be

ing ; it fhall be lawful for the chief juftice, or afliftant juftice or juftices, and he, or

they are hereby authorized and required immediately to order fuch perfon or perfons

to be difcharged out of prifon and cuftody, and to be clear not only from fuch writ,

procefs, warrant, order, judgment or decree fo ferved on the Lord's day, but alfo

from all and every other writs, procefs,' warrant, order judgment or decree, ferved or

executed upon any perfon during the time of the {aid perfons being imprifoned or de

tained upon the account of any fuch writ, procefs, warrant, order judgment or decree,

fo ferved or executed on the Lord's day, and fuch perfon fhall be allowed by the laid

chief juftice, or affiftant juftices fuch reafonable time, as he, or they mall think fit

ting, to return to his home or habitation, free from any arrefl or hinderance whatfoe-

ver in civil matters.

nn.somi- g. And be it further enaSed, That if any aflion, fuit or information fhall be cora-

*!&throe3 'fenced againft any perfon or perfons for what he or they fhall do in purfuance or ex

ecution of this aQ, fuch perfon or perfons fo fued may plead the general iffue (not

guilty) and upon iffue joined, give this aft and the fpecial matter in evidence. And

if the plaintiff, or profecutor fhall become noufuit, or fuffer difcontinuance, or if a

verdkt. pafs againft him, the defendant or defendants fliall recover his, or their treble

viable costs, cofts, for which he or they fhall have the like remedy, as in any cafe, where cofts by

law are given to the defendant.

TMSaft si.ati io. And l>& itJurthcr enaSed, That this act fhall be read yearly and every year, at

,1*TM!yea.-, leaft four times in each year, before fermon begins. And every minifter is hereby retoy ministers. qui.re,d to readit. herlame, i n \his relrpective pli ace or diivine worfnhip.

By order of the Commons Houfe of AiFembly.

LEWIS JOHNSON, Sfcakcr.

By order of the Upper Houfe.

JAMES HABERSHAM, Prcfident.

In Council Chamber, March 4, 1762.

Affentedto.

JAMES WRIGHT.

SEAL OF GEORGIA.
An aftfor altering the great feal of thejlate of Georgia,
i . T THEREAS the conftitution of this ftate directs the alteration of the great PrambleVV feal, therefore, Be it qnacled by the Senate and Houfe of Reprefentatives o
thejlate of Georgia in General Affeinbly met, and by the authority of the fame, That the great feal of the ftate of Georgia fhall be made of filver, and the fize of two and a quarter inches in diameter.
2. And be it further ena&edby the authority aforefaid, That the device fhall be as ItsdeviK.; follows : On the one fide a view of the fea fhore with a fhip bearing the flag of the United States, riding at anchor near a wharf, receiving on board hogiheads of tobac co and bales of cotton, emblematic of the exports of this ftate; at a fmall diftance a boat landing from the interior of the ftate with hogfheads, &c. on board, reprefenting her internal traffic; in the backpart of the fame fide, a man in the aft of ploughing j and at a fmall diftance a flock of fheep in different poftures fhadedby a flourifhing , tree. The motto on this fide, agriculture and commerce 1799. That the other fide contain three pillars fupporting an arch, with the word conftitution, engraven within the fame, emblematic of the conftitution fupported by the three departments of gov ernment, viz. the legiflative, judicial and executive, the firft pillar to have engraven on its bafe, wifdom, the fecond juftice, and the -third moderation ; on the right of the laft pillar a man ftanding with a drawn fword, reprefenting the aid of the military in defence of the conftitution ; the motto, ftate of Georgia 1799.
3. And be itfurther enacled by the authority aforefaid, That his excellency the gov- shaS fTMn& ernor be and he is hereby authorized to contract with fome fit and proper perfon foronhe^Su'" making of the aforefaid feal in manner and form aforefaid, and fhall depofit the fame in the office of the fecretary of ftate, and on and after the fourth day of July next, the faid feal fhall be confidered as the great ieal of the ftate of Georgia and applied and made ufe of as fuch in all cafes as the law directs ; and the old or pi. re^fent wgreat fea!,* pbri<okreni to t* ihall be broken in prefence of his excellency the governor.
DAVID MERI WETHER, 'Speaker of the Houfe of Reprefentatives. ROBERT W ALTON, Prefident of the Senate. Aflented to February 8, 1799. JAMES JACKSON, Governor.
An aft fupplementary to an aft, entitled " An aftfor altering the great feal of the'Jlate of Georgia.," faffed the 8/A day of February , one thoufand feven hundred and ninetynine.
HEREAS it appears that fo much of the fecond feftion of the before recited aQ, as are contained in the words following, to wit, That the other fide con
tain three pillars fupporting an arch, with the word, conftitution, engraved within the fame, emblematic of the conftitution fupported by the three departments of govern ment, viz. The legiflative, judicial, and executive; the firft pillar to have engraven, on its ut.r.', wifdom, the fecond juftice, and the third moderation, could not be com pletely carried into execution, in as much as from examination of the fize of the great feal eftablifhed by the aforefaid at? an impreffion of thefe words, wifdom, juT-

414

SEAMEN AND MARINERS.

tice, and moderations engraven on the three aforefaid pillars, would not be legible or intelligible. Apartofanaa & & lt therefore ena&ed, That, that part of the laid before recited feQion, to wit, the g^S^e!'* words, the firft pillar engraven on its bale vvifdoin, the fecond juftice, and the third Ki'thr.frrctt moderation, be and the fame is hereby "repealed. And that the great feal, as now dereal amikmri. p O {j tecj an(j m operation in the fecretary of Rate's office of this Itate, with the words, wifdom, juftice and moderation engraven in a wreath on the feparate pillars, emblematic of the feveral departments of the government, be and is hereby functioned, ratified and declared the great feal of the {tale of Georgia; and ail grants papers and docu ments to which the fame has been affixed by order of the executive authority fincc the fourth day of July lad pafl, the period when the former great feal by the afore faid ad ceafed to be the great feal, and the new great feal was by the (aid act to be in operation, are hereby alfo fanclioned, ratified and declared to be as valid in all courts of law and equity, as they pofiibly would or could have been, had the -words wifdorn, juftice and moderation been engraven on the bale of the refpettive pillars agreeably to directions of the faid fecond feQion. affixes grants 2 - Whereat there is now in the fecretary of Hate's office a number of grants of land ifti?"condt"itt.B fued previoufly to the fourth day of July laft paft, which have not heretofore had the Knef. the former great feal of the ftate affixed* to them. $e it therefore enaBed, That the fe cretary of ftate, fliali affix the preterit great feal of this ftate, as declared by this aft, to any grant or grants which have been uTuedfor land under the authority of this itate previous to the fourth day of July pail, which have not heretofore had the former great feal of this ftate affixed to fuch grant, or grants as aforefaid, which fhall be held, deemed and confidered valid in all courts of law and equity, any law to the contrary notwithstanding,
DAVID MERIWJETHER, Speaker of the Houfe of Reprefentatives. DAVID EMANUEL, Prefidcnt of the Senate, Affented to December 5, 1799. JAMES JACKSON, Governor,

SEAMEN AND MARINERS.
An aft to puni/h feamen or mariners, neglecting or deferring their duty on board their , refpccli-vejhips or vejjeh ; and jor preventing Jeamen or mariners from Icing har bored or running in debt,
i, T "&7HEREAS mafters and commanders of veflels trading to this province are V V often greatly diftreffed by the neglect or defertion of their feamen, which
is in general occafioned by fuch feamen being harbored and entertained by and running in debt with the keepers of taverns and tippling houfes, and ill difpofed perfons, to the great detriment and hinderance of trade, for prevention of which evil, Be juaicesmay it cnatted, That from and immediately after the pairing of this act, if any feaman or SiltTM mariner having entered or '{hipped himfelf on board any {hip or veflel within this unfcrcontraa. p rov j nce? or w hi c h {hall come to the fame, and having iigned an agreement or contract with the matter or commander thereof to proceed upon any voyage therein

SEAMEN AND MARINERS.

mentioned, fliall abfent himfelf from fuch fhip or veffel for the fpace of twenty-four

hours, without leave had and obtained from the faid matter or commander, or other

chief officer having the command of fuch fhip or veffel, or fhall refufe or negleft to

perform his duty on board the- fame, or refufe to proceed on the voyage mentioned in

fuch agreement or contraft figned as aforefaid, it fliall and may( be lawful for any

juftice or juttices of the peace, within their refpeftive jurifdiftio. ;s, upon application

being made to him or them by fuch mafter or commander, to ii'Uie his or their war

rant or warrants, to apprehend fuch feaman or mariner, and upon proof of fuch ab-

fence without leave had and obtained, or of fuch negleft or refufal as aforefaid, to

commit fuch feaman or mariner to the jail or workhoufe, for any time not exceeding

thirty days, any law ufage or cuftom to the contrary notwithftanding.

2. And be itfurther enabled by the authority of thefame. That the charge of appre- fedl'lcdM1?*

bending, committing, and maintaining fuch feaman or mariner, during his confine- ^Swagef

ment as aforefaid, fhall be paid by the complainant, which charge he is hereby authori

zed to decluft out of the wages due or to be due to fuch feaman or mariner.

3. And be it enaScd by the authority aforefaid, That if any perfon or per- fneTMnas^TM8t-

fons whatfoever after the paffing of this aft fliall give credit to or truft any feaman or h,6c n"teTM,fij a-

mariner belonging to any fhip or veffel within this province, having figned an agree-^1!^1110*5

ment or contraft to proceed therein as aforefaid; for any fum exceeding five {hillings,

except by leave of the mafter or commander of fuch fliip or veffel, he, fhe or they,

fo giving credit to or trufting fuch feaman or mariner as aforefaid, fliall, for every

fuch offence lofe the monies or goods fo credited or truffed.

4. And be it enabled by the authority aforefaid, That if any perfon or per-persons harbor?

fons whatever, after the paffing of this aft, fliall willingly and knowingly entertain, "Eg'thcm

retain, harbor, or keep, or fliall direftly or indirectly fuffer to be entertained, retained, sTiWarfdtforharb1 or1 ed or ki ept any Vleatnan or manner ibeilonging to any mrt ip or velrire!i, andiihaving day. ty shillings not

figned any agreement or contraft as aforefaid, in his, her or their houfe without the

leave, privity or confent of the mafter or commander of fuch {hip or veffel, he, fhe or

they, fo offending, fliall forfeit the fum of forty fhillings fterling for every twenty-four

hours fuch feaman or mariner is harbored, entertained, retained, or kept in his, her,

or their houfe as aforefaid, and fuch fine or forfeiture fliall be recovered by diftrefs Sf^rS^dVp.

and fale of the offender's goods by warrant under the hand and feal of any juf- plledi

iice of the peace of the parifh where fuch offence fliall be committed, which penalty

fliall be to his majefty, for the ufe of thepoor of the faid parifh.

5. And be it further enacted by the authority aforefaid, That all and every keeper orSSSg

keepers of taverns, or tippling houfes, or any other perfon or perfons whatever, who SomTiif.

from and after the paffing of this aft, fhall fell any wine, punch, beer, ale, cider, or any iS^S-

fpiritnous liquor whatever, to any feaman or mariner belonging to any fhip or veffel, te?ti^tCmTMf.

and having figned any agreement or contraft as aforefaid, to the amount of more than i^/^llf

one {hilling and fixpence in any one day, or fliall entertain, or fuffer any feaman or ^f^11^

mariner as aforefaid to drink or tipple in his, her or their houfe, or furnifh fuch fea- M&'

man or mariner with any liquor as aforefaid after the hours of nine of the clock at night,

unlefs with the knowledge or by the leave and confent of the mafter or commander of

the fhip or veffel to which fuch feaman or mariner fhall belong, fuch keeper of tavern

or tippling houfe, or fuch perfon or perfons fo offending fliall, upon proof of fuch of

fence, forfeit the fum of twenty {hillings fterling, to be recovered and apnlied as in *!**: I,M

(I,;,, ,,!. ;,, U_r~_,, J:_a^J

gr.-e a certiH-

cate to ,L;ea]/:C

6. And be it enabled by the authority aforefaid^ That from and after the paffing of ^Hi"^",.

this aft, any antl every feaman or mariner, whole agreement or contraft entered into ^HaF""TM

416

SERVANTS, NOT SLAVES.

with any mailer or commander of any fhip or veffel within this province, for the per

formance of any voyage therein fpecified, fhall be fulfilled and determined,fhall and

may demand of, and from the faid matter or commander a certificate thereof, and of

his difcharge from fuch fliip or veffel, which certificate fuch matter or commander is here-

ww recovered by required to give, under the penalty of five pounds fterling., to be recovered by warrant

'" 'n'P'* ' of diftrefs, and laic of the offender's goods under the hands and feals of any two juf-

tiees of the peace, for the parifh where fuch offence was committed, and be to his ma-

jetty, and applied one half to the informer, and the other half to the poor of the faid

's-wo justice, parifh ; and upon rciufal of faid matter or commanderto give fuch certificate without Jiaimaye.grant the j uint cauire, any two julntices otr thi e peace upon di ue applii cati on andi proofr tihereofr, are

. hereby empowered to give fuch certificate, which fhall be of equal force, as if given

by fuch matter or commander; and fuchjuftices lhail receive for every fuch certifi

cate fo given by them as aforefaid the Cum of one {hilling fterling, to be paid by

osneshiffingfte. fucn matter or commander refilling as aforefaid.

commander, , 7 'And be it further enabled, That no matter or commander of any fhip or veffel

Sfute'ccrtifi- within this province, fhall hire, receive, entertain or fhip any feaman or mariner be-

.JouniS"feitten longing to, and pretending to be difcharged from any other fhip or veffel, unlefs fuch

feaman or mariner fhall have a certificate of his difchar'ge as aforefaid, under the pen

alty of ten .pounds fterling, to be recovered and applied as the penalty in this act in-

flitted upon matters or commanders relufing to give fuch certificate.

Ferrymen

8. A nd be it enacted by the authority aforefaid, That if any perfon or perfons keep*-

t.shuecmh cweirtthif,iwcatte in&s or attendingt> any/ ferry/ within this pr rov- ince,' fh. a. ll willing&ly; or wilfu_ lly) tranf, por.t, or "iumif five * u "er to be tranfported over fucn terry, any fugitive teaman or manner not having a

certificate of difcharge as directed by this aft, fhall upon conviftion thereof before any

one of hismajefty's juftices of the peace for the parifh, where fuch offence was corn-

How recovered milted, forfeit five pounds fterling, to be recovered by warrant of diftrefs, and fale of

the offender's goods, and be to his majetty, to and for the ufe of any perfon or per

fons informing of and filing for the fame.

tonumiatin. 9- -^ n^ ^e it enacted. That this at fhall be and continue in force for and during the

term of three years, and from thence to the end of the next feffion of the General

Affembly, and no longer.*

By order of the Commons Houfe of Affembly.

ALEXANDER WYLLY, Speaker,

By order of the Upper Houfe.

JAMES HABERSHAM, Prefident*

Council Chamber, March 6 3 1766,

JAMES WRIGHT.

* Revifed and continued by ad of 1783, feift. i

SERVANTS, NOT SLAVES,
An aftfor (he government offervants, notflaws, imported or migrating into this ftdlea
* "\7f fHEREAS the encouragement of migration into this ftate, of white inhabitW ants, is of primary confequence thereto, and many valuable citizens and
efeful perfons of the poorer clafs of Europeans defirous of migrating hkher? have nofi

SERVANTS, NOT SLAVES.

417

wherewithal to. defray the charge of paffage .money and other incidental expenccs at" , tending the fame, and either indent themfelves as fervants previous to embarking, of agree with the captains, owners^ fupercargoes of veOels or others to indent themfplves as fervants on their arrival at any of the ports of this Rate, or the United States, as a compenfation for fuch paffage money and expences. y)(/wAerg<%;, it has happened on fuch arrival, difputeshavearifen between fuch perfon fo migrating, and thole who have borne their expences as/aforefaid, or thofe to whom they were previously to embarkation indented, and doubts have been entertained of the validity of any con tracts made in a foreign country with refpect to binding and holding to fervice any perfbn fb migrating, unlefs a new agreement be entered into after his or her arrival within the Rate: for remedy whereof, .Be ^ ma^M 6y zAc .SVna^ g(f JAm/e o/ jR^rg-comtM^witi, y^a^gj o/ (Ae y^g o/ Georgia m GeeraJ v4^ew^/y ?%^, ancf /V a Agrg^y fa^<:^ Aji\ow|tJ\*c2 aj wzVAvAg ^(ZAorzV^ o/^ ^AgJ&mg) That from and after the paffing of this act, all white fervants brought into this county under any agreement of contract made in foreign countries, and who fhall not previoufly to embarkation therefrom have been indented, fhall be bound to perform the fame; and in cafe of refufal to indent himfclf, . herfeif or themfelves, on application and demand, it fhall be lawful for the perfon or perfons with whom fuch fervants have fb agreed or contracted, to apply to any three juRices of the county into which fuch fervants may arrive, one of whom to be a judge of the inferior court thereof, who are hereby empowered and required to have the parties brought before them, and decide' on the validity and good faith of fuch contract, and if they, or a majority of them, fhall judge the fame binding and valid, it fhall be the duty of fuch magiRrates, or a majority of them, to indent fuch fervants by an order to be entered up of record in the clerk's ofEce of the inferior court, which order fhall be received and confldered as indenture, and held to be as binding in law, to all intents and purpofes, as if the fame had been voluntarily enter ed into by fuch fervants after fuch their arrival: .ProwJZ M&ufr^/f/!, That if fuchpnt*. fervant be of the age of nineteen years, they Oiall not be indented for a longer term yTMi"not than five years, and if under that age for a longer period than their arrival at the age more S\v of twenty"^ -frour years, andiT ir ait*th^ e aee off^*frourteen, unti*lt thi ey arrive at thi e age ot,dycata"atn^dicfu.n* twenty-one years; andi thi e lraidi magiRn rates are al;Jro iherebl y empoweredl to dleci dle on^TMth*c*yTM^KM" """* the age of fuch fervants and bind them accordingly, which decifion fhall be entered y"f^up of record with fuch order in the clerk's office of the faid inferior court.
2. j4<2 ^ i^ &)VAr ia^<;j, That all indentures made between maRers^ fupercar-mdenturecia goes or owners^ ofrvierll? els, or othI er perf(on-sin(f or eign countri'es, andJ perir on* s wn i(h-*ofiocreciignntMinatt: of ing to migrate to this Rate or the United States, and thus becoming fervants as afore faid, fhall be held and, received as valid and binding in law, on their arrival within any port or place within this Rate as if fuch indenture had been voluntarily entered into by the parties after fuch their arrival.
g. ydJ w&r&z;, it is as neceffary and proper, and humanity requires that the fer vants fb held to fervice fhould, in return therefor, meet with humane and kind treat ment from perfons to whom they may be bound: jBg ^ !lAre/or /MrZAer ma^ej, yttc perm**; m jl lhat alnl matters anc1l owners ofr f/ervants coming witihin th? e inten/ tion^ofr thi is ac(-t. , fnhall'ho*w tobctrcXf rind and provide for their fervants wholefome and competent diet, clothing and lod ging, in health, and proper and neceffary medicine and attendance in Gcknefs; and fhall not at any time give immoderate correction, or at any time whip fuch perfons naked, without an order from two or more magiRrates for that pur/pole, after a heat-

418

SERVANTS, NOT SLAVES.

ing from both parties, and (hall not talk them with immoderate labor; and fuch fervants {hall have their-complaints received by any juftice of the peace, who, if he finds caui'e, may bind the matter or owner over until the complaint can be heard before the inferior court of the county where they fhail refide; and all complaints of fuch fervants fhall and may, by virtue hereof, be received by the faid court in form of petition, without the formal procefs of an aHon; and full force and authority is here by given to the faid court, at their difcretion (having firft. furnrnoned their matters or owners to juftify themfelves if they think fit) to adjudge, order and appoint what ihall be neceflary and proper, as well with refpecl to the diet, lodging, clothing and cxceffive labor, as to the correction of the fervant or fervants complaining; and if any mailer or owner (hall not thereupon comply with the court's order, the faid court is hereby authorized and empowered, upon a fecond juft complaint, to releafe and acquit fuch fervant'or fervants from any future fervice, by entering an order to that purport on the records of the court) and in cafe it fhall be found, upon examination before the faid court or three juftices, that the complaint of fueh fervant or fervants was unfounded or malicious, then the inferior court, as aforefaid, fhall have power to direft and order any moderate punifhment, not exceeding thirty-nine lafb.es; and in cafe fuch fervant fhall abfent him. or herfelf from his or her faid matter or owner's fervice, the faid inferior court fhall be, and hereby is authorized to indent fuch fer vant for fuch abfence, a term not exceeding four days for every day's ab fence, more than the time-he, or {he were originally indented for, by an order entered as aforefaid on the court books. comraftwith 4- And, bt itfurther enaffed, That no matter or owner of any fervant fhall during t"ll"v\cel' the time of fuch fervant's fervitude, make any bargain with him or her for further !Sal3* fervice or other matter or thing relating to liberty or perfonal profit, unlefs the fame be made with the approbation of the inferior court of the county where they fo refide; and if any fervant fiiall at any time during fuch fervice, by gift or other lawful means, acquire any goods or money,, fuch fervant fhall have the property thereof to his or rheyansnof her own fole ufe and benefit. And if any fervant {hall, daring fuch fervitude, hapSaigcTieto pen to fallfick or lame fo that he or fhe become of little or no ufe to his or her mafteror owner, the inafter or owner fhall at his or her own expence provide fuch Jervant with neceffary medicine and attendance during fuch ficknefs, and fhall not put away fuch fervant, but fhall maintain him or her during the whole time he or fhe were obliged to-ferve; and if under any pretence of freedom any mafter or owner fhall put away any fuch fick or lame fervant, and fuch fervant fhall become chargeable to the coun ty fuch mafter or owner (hall forfeit and pay a furn equal to the maintenance of fuch perfon to be recovered by diftrefs, monthly or weekly, at the option of the magiftrates iuperintending the poor rates of fuch county.. a- 5. And be. itfurther enafled, That at the expiration of the time of fervice, every ""mafter or owner fhall fupply every fuch fervant with a new and fufficient fuit of clothes to be approved of by any three or more juftlces of the faid county under a penalty not exceeding thirty dollars, to be recovered in a fummary way, by fuch fervant, be fore the faid juftices.
^' dnttbeit further enatfed, That all fervants imported or migrating and indented ' as aforefaid, may be transferred by affignment of the indentures, either by the per-
fons they originally contracted with or their affigns; and fuch perfons to whom fuch fervant may be fo afligned? {hall befubje&to the claufesand provifoes of this aft, and

SLAVES AND PATROLS;

419

to every matter and thing expreffed to be done or performed on the part of,the origi
nal owners, importers or contractors. THOMAS STEVENS, Speaker of the Houfe of Reprefentativu. BEMJAMIN TALIAFERRO, Prejideni of the Senate.
Concurred, February 6, 1796. JARED IRWIN, Governor,

SLAVES AND PATROLS.
An & ft, for the eftablijhing and regulating patrols, and for preventing any ptrfonfrom purchajing provijions or any other commoditiesfrom orfellingfuch to any /lave, unlefs fuch flave Jhallproduce, a ticket from his or her oivner, manager or employer.
S. TTT TTHEREAS it is abfolutely neceffary for the fecurity of his majefty's fuby \ jefts of this province, arid for preventing the many dangers and inconven
iences that may arife from the diforderly and unlawful meetings of negroes and oth er flaves within the fame, that patrols mould be eftablifhed under proper regulations, in fuch parts of the province where the militia is formed and fettled : And whereas, it is alfo proper to prevent dealing and trafficking with flaves ; BeitenaBed, That p^rou immediately from and after the pafling of this aft, every captain or commanding of- twelve ficer of a company of foot militia throughout this province, is hereby authorized, em powered and required feverally and refpeftively to fummons together his inferior of ficers, if any fuch there be ; and they fhall in concert fubdivide and diftinguifh his fornpany diftrift into as many other convenient patrol divilions as they fhall think mod proper and confiftent with the extent andfituation of their generalcompany difhiQ, jmd fo as the riding over any fuch patrol divifion may not exceed twelve miles in ex tent, which faid fubdivided divifion feverally and refpeftively, fhall thenceforth be the patrol diyifions, unlefs the fame fhall be thought neceffary to be altered by the officers as aforefaid, and wherein the owners of fettled plantations as well as the other inhabit ants of any fuch patrol divifion, as well alarm men as others of horfe and foot be tween the age of fixteen andfixty years, fhall befubjeftto the patrol duty of that divifion, and fhall either by themfelves in perfon, or by others employed for that purpofetopat do their patrol duty regularly and fucceffively, according to the true intent and mean ing of this aft, and in cafe any captain or commanding officer, (hall omit or fail to fubdivide and diltinguifh his company diftrift in manner herein before enjoined, or afterwards at any multer-day, or within five*days after fuch rnufter-day, fhall negleft, to prick off the feveral patrols as is herein after direfted, that then every fuch captain, or commanding ofBcer fo failing fhall refpeftively be fubjeQ, to, and pay the penalty ofc t five pounds fterling, to be recovered by warrant of diitrefs under the hand and feal oi (Jjy any juftice of the peace for the parifh where fuch offence fliall be committed, and Sffe' fale,of the offender's goods; and which fum fhall be paid to the commiffionert,To'w of the roads within fuch parifh, and by them applied towards repairing the bridges andeS* 11 jcaufeways within the fa'me ; and that the owners of fettled plantations and inhabitants within each company diftrift may the better know to what patrol divifion they 'feve rally belong, the captains and commanding officers as aforefaid, fhall within ten days after making out the fame, catjfe copies thereof figned by thera to be affixed at tl^e

420

SLAVES AND PATROLS,

Scpaid TMvpi-c! church and meeting-houfe doors, or other public places in their feveral diflrifts, and 'upaVpuwic1* and {hall caufe another copy thereof to be entered in a book by the clerk of their guces. company, that any perfon concerned may from time to time have recourfe to the
fame. And as all perfons, as well women as men who are or may be owners of fet tled plantations in any parifli or diftrift ought in. jufti'ce to contribute to the fervice and fecurity of fuch parifh or diftrift, && it therefore enabled by the authority aforefaid,
c tains to That tne captains or commanding officers of each company of foot militia fhall in teep^aspecw their diftriSs make out and keep from time to time a fpecial patrol lift, for every fubeach division, divided an d diftint patrol divifion, in which lift {hall be inferted the names of all or whom com-owners of fettled plantations being within the fame, as well women as men, and 1)08211 . as well alarm men as others, as alfo the names of all the male white inhabitants. proviso. Provided, That every perfon having feveral plantations fettled in this province, fhall
not be fubjeft to, or obliged to do patrol duty in thofe divifions where fuch plantations *rovis. lie other than in fuch in which he or (be, fhall ufually refide, Provided alfo, That the
matters and employers of all white male fervants who by this aft are obliged to do pat rol duty {hall and they are hereby directed and obliged to fumifh fuch fervants with a horf'e and furniture for fuch fervice, and that under the penalty of one pound to be recovered and applied in like manner as the penalties on captains or commanding of ficers in this aft before mentioned.
Liawetopcrj 2. And be it enabled by the authority aforefaid, That all perfons, male or female, turni.dutym whole names fhall be inlifled as aforefaid, fhall be liable to perform the patrol duty
of their refpeftive divifions feverally, fucceflively, and in turns; and on every mufterday, the captains or commanding officers of the feveral companies of foot militia {hall, out of every patrol lift made out as aforefaid, prick off the names of any numNot exceeding ber not exceeding ten perfons, as well women as men, inhabitants and owners of, and foiH'trofi* rending upon plantations as aforefaid, all of whom {hall, by themfelves or others em$L{!*?' ployed and provided for that purpofe, feverally and refpeftively do and perform the patrol duty herein direfted, from fuch mufter-day until the next enfuing mutter-day, regularly, equally and fucceflively, the laid captains or commanding officers as afore faid, always choofing, and they are hereby direfted to choofe the neareft fet of inha bitants fet down in the patrol lift as aforefaid; to do the duty together, that they may ' be enabled to meet and allemble with the better conveniency and expedition: ProviFrovisa. ded always, That it fhall and may be lawful for any perfon or perfons liable to do and sShuabiistbiteurteecsei- perform >th*e patrol duty preircn-b\ ed1 \by t-h\ is acr\t, and1w1ho may not chI oo'ire to dio-,duty in, perfon, to employ a fufficient perfon to do, perform and undertake fuch duty on his, her or their behalf, when their names fhali be pricked off as aforefaid: Provided alfo% previse. That if any perfon or perfons fo liable and pricked off as aforefaid, whether man or woman (except fuch woman hath not fix working flaves) fhall not, either by them felves, or by a fufficient perfon on his, Her or their behalf as aforefaid, do and per.Sthe^pui*? form fuch duty, or fhall refufe to do and perform the fame, then and in every fuch Sngf ten cafe, the captain or commanding officer of fuch company of foot militia, to which fuch perfon fo negleclingorrefufing fhal] belong, upon the report of the perfon ap pointed to command fuch patrol, fliall and is hereby empowered to agree with any fuf ficient perfon at a certain price, not exceeding ten {hillings fterling per night, to do duty for him or her fo neglefting or refufing, until he or fhe, {hall aftually procure fome other white perfon, between the age of fixteen and fixty years, to do patrol duty for him or her; and the rate or price fo agreed upon by fuch captain or com manding officer as aforefaid, fhall be paid by the perfon whofe turn of duty fhall be
fo perfonned to the perfon performing the fame, according to his time of lervicej

SLAVES AND PATROLS.

421

and in cafe any perfon or perfons fhall fail to pay or fatisfy fuch other perfon fo ap pointed for him, her or them fo neglefling, the price agreed upon by the faid captain or commanding officer as aforefaid, upon demand thereof, then and in every fuch cafe, it (hall and may be lawful to and for the faid captain or commanding officer who agreed with fuch perfon, to levy the fame on the goods and chattels belonging to the perfon fo failing, by warrant of diftrefs for that piirpofe, directed to any fer geant Toberecov<* of his company, or any conftable of the parifh in which fuch company (hall be efta-"undti?erhand blifhed, which fergeant or conftable (hall be obliged, and he is hereby fully authori- 0 tlco car' zed or empowered to execute the fame, and {hall be allowed for executing the war rant the fum of one {hilling, and twopence per mile for every mile he {hall travel, to Fcesforcxccu, be computed from the dwelling houfe of the faid conftable or fergeant, to the dwelling ting the same.
houfe of the defaulter. q. And be it further enabled by the authority aforefaid, That the.feveral captains Pam>i duty par.
and9 command,.inJg of,-fricers ofn th, e f<eve'rali c'ompan^ies ibeilonging to thl e town otr ko avan-tilc^ulia^rlytire^gunah, {hall make out a general patrol lift of their refpeclive companies (including the jmrbsofsavan. horfe and alarm men as alfo women) except as before excepted, within their divilion, and fhall prick oflf from fuch lift the names of ten perfons to perform patrol duty in. the faid town of Savannah, and as far as the outer line of the garden lots of the faid town doth extend, which duty mall be done and performed by the faid patrols refpeftively every night in rotation; the feveral patrols to meet, and the duty to begin at nine o'clock, and be continued until day-light; and they fball and are hereby empowered to take up all Oaves whatever, which they fhall find within the faid town, or within the limits
aforefaid, after the hour of nine o'clock at night who have not a ticket, or letter, or other token, to fhew the reafonablenefs of their being out, or who have not a white perfon in company to give an account of his or their bufinefs; and fuch patrol may correft every fuch flaye or {laves belonging to any perfon refiding within the town of Savannah, or within the limits aforefaid, by whipping with a fwitch, whip or cowfkin. not exceeding twenty lames; but if the {lave or flaves fo taken up and liable to punifbment as aforefaid, mall belong to any plantation or fettlement being without the limits aforefaid, fuch flave or flaves {hall be, by the patrol who mall take him, her or them up, delivered to the warden or keeper of the workhoufe as fugitive flaves: Provided always, That nothing in this, aft contained {hall extend, or be conftruqd to prov,.>0 ; extend, to fubjeft the commander in chief for the time being, or any of the members fcTromp3 of his rnajefty's honorable council, and their clerk or officers, or of the Commons dutyHoufe of Aifembly, or their clerk or officers, the public treafurer, the powder re ceiver, the commiffary general, nor any judges of the general court, orminifters of the gofpel, cuftom-houfe officers, or other officers commiflioned by virtue of his rna jefty's {ign manual, the field-officers of the feveral regiments of foot militia in aftual commiffion, or the pilots or ferrymen in any part of this province, to ferve upon any patrol duty in any diftrift whatever, any thing herein before contained to the contrary notwithftanding.
4. And bf itfurther enaSed by the authority aforefaid, That the captain or com- ^jf^framanding officer of every company fhall have power in their feveral diuricts, from time pointed,'
to time, to appoint one good and difcreet perfon from a-mong the perfons fo pricked off to do patrol duty as aforefaid, to be their commander, as foon as their names {hall ;be fo pricked off as aforefaid, and if fuch perfon, being regularly appointed to com mand thepatrol as aforefaid, {hall refufe to accept of fuch command," or after accept- On fa.,.n fi) ing thereof fhall refufe or neglecl to do his duty as prefcribed by this ad, fuch perfon *sS||v
fo offending ihall, for every fuch offence, forfeit and pay a fum not exceeding one 'Mlll^

422

SLAVES AND PATROLS;

pound, to be adjudged by a majority of the commiffioned officers of the company out

Recowdb ^ wn 'ch ^uc^1 p^^o\ fhall be pricked oft'; and levied in both cafes by diftrefs and fale

tifemc'o/the o^ tne offender's goods, by a warrant for that purpofe, under the hand and feal of the

FOT-

commanding officer of fuch company, to and for the ufe of the poor of the parifh

where fuch offence (hail be committed; and that the commander of every patrol may

have better authority to keep them in good order and demeanor during their time and

turn of duty, it (hall and may be lawful to and for every fuch patrol commander, and

SiXpaS. they are hereby direEed, empowered and required s on any default or mifbehavjour or

ttxcet" neglecl of duty, of any patrol man s to inflict a fine upon him not exceeding the fum

Of ten {hillings fterling, for the ufe of the patrols refpetively, in which fueh neglec\

default or mifbehaviour fhall be committed, to be levied by diftrefs and faleof the of

fender's goods, by virtue of a warrant for that purpofe, directed to the conftable of

the diftricl or fergeant of fuch company, under the hand and feal of the captain or

commander of the company from which fuch patrol, where fuch negleft, default or

mifdemeanor may happen or be committed, fhall be pricked off, which conftable or

fergeant fhall be obliged, and are hereby feverally authorized and empowered to exe.-

Fcesofsw- cute the fame, and lhall be allowed for executing the warrant the fum of one (hilling,

lefiMdfor"37 and milage as is herein before direQed; and every conftable or fergeant refilling and

s;iea"oF<iuty!<:"negle6ling to ferve fuch warrant directed to him, mail be liable to a fine riot exceeding

forty {hillings fterling.

5. And that, the laid patrols may be the better able to fupprefs any mifchievous

deiigns of negroes and other ilaves during their time of fervice. It is hereby further

te^medTn-9 ena ^e^ h the authority aforefaid, That every perfon pricked off -or appointed, or

overtaking as a proxy for any other perfon liable to ferve in the faid patrol in pur?

fuance of, or by virtue of this act, Iball provide for himfelf, and keep always in readj-

nefs, and carry with him on his patrol fervice one good gun or piftol in order, with

fix cartridges fuitable for fuch gun or pittol, and one good cutlafs under the penalty

of a fum not exceeding ten (hillings, for want of ay fuch arms pr amunition, at fuch

times and places a*s they fhall be appointed by their refpectjve commanders, in their

f- feveral divifions, to whole orders they lhall on all occafions be refpeclively obedient

during their time of fervice, on pain of incurring a fine not exceeding twenty fhillingss

to ke jev jecj by warran t under the hand and feal of the captain or commanding offi

cer of the company from which fuch patrols fhali be pricked off, as is herein before

mentioned.

6. And be it further enatied by the authority aforefaid, That every patrol fhall go .Skiaiasltl orindee naitght to, and. exami.ne/ th, e i,,everali pl, an' tations i. n th^e' irJd^i vi'i,-ions at i,-uch1 ti me' s *as th, ey i n th, ei- r

difcretion fhall fee fit, one night in fourteen at leaft, and may and fhall take up all

flaves which they lhall fee without the fences or cleared ground of their owner's plan-

K"uSv"s?f" tations, whq have not a ticket or letter or other token to fhew the reafonablenefs of

their abfence, or who have not forne white perfon in company to give an account of

his, her or their bufmefs ; and fuch patrol may correct every fuch Have or flaves by

fc'ttbflevcsiiii-r'

whipping with a fwitch, whip or cow {kin, not exceeding twenty lames. Provided^ That if any patrol man, not having fuliicient caufe, fhall beat and abufe, any flave pea-

ceably and quietly being in his matter's plantaijorij pr found any where out of the

fame, having lawful or other token as is herein before directed, fuch patrol man fhall

for every fuch ofience forfeit and pay the fum of five, Shillings, and in cafe of luc!*,,

SLAVES AND PATROLS.

423

Have beinp maimed,

ted

for

incoh

>
offences

difabled or- killed, '
by the aft entitled

fhall be fubieft to the " An act foJr the better

feveral penalties inflic-And nutlet to governi.Ang negroes and. fnourie.TMr piemnianltgiest

other (laves in this province, and to prevent the inveighling or carrying away (laves

from their matters or employers." And the laid patrols (hall have full power to fcarch

and examine all negro houfes for often five weapons and ammunition, and on finding offeJ"1

any fucli, contrary to the before if any .patrol fhall fee any fugitive

recited flave

aft, fhall or Oaves

proceed as is endeavoring

therein directed to avoid them

b; yanhid-'p'""ro8ceedTM

ding or running into, or fhall hear of any fuch being harbored in any dwelling houfe

of a white perfon, the commander fhall afk leave of the owner of the faid dwelling

houfe or of fome white perfon then there, to fearch for, examine and apprehend the

faid fugitive flave, or that the faid owner mould deliver up fuch flave or flaves; and

in cafe the faid owner or other white perfon fo entreated, fhall refufe to deliver up

fuch fugitive (lave or (laves or to fuffer fearch to be made for them, the faid patrol or

any other white perfon having feen fuch (laves enter, fuch perfon fo refuling (hall

forfeit the fum of five pounds forever fuch offence.

.7. This feftion is repealed by an aft of 1770.

8. And whereas many irregularities may arife by patrols drinking too much liquor Patrols gettm|J

before or during the time of their being on duty : Be itfurther enatted by the authority f^TM^

aforefaid) That any perfon whatever who fhall be drunk during the time of his fer- *$!s.' how

vice on the patrol, fhall be fubjeft to the penalty of a fum not exceeding ten (hillings,

to be recovered by warrant from any juftice of the peace, upon oath firft made there

of, the fame to be applied to the ufe of the highways in the refpeclive diftrifts where

the offence fhall happen.

g. This and the next feftion repealed by aft of 1770.

11. And for better enforcing the performance of the feveral duties required by this ^'J:"*^^

aft, Be itfurther entitled by the authority ajorefaid, That the field-officers of each re- tS"00 o

fpeftive regiment of foot militia within this province, or any of them, fhall be, and

they are hereby direfted and empowered to give fuch directions and orders from time

to time to the feveral captains and other officers commanding companies in the regi

ments to which fuch field-officers belong, as they fhall judge neceffary for the more

effectually doing and performing the feveral duties by this aft required by them to be

done and performed, and on failure thereof by the faid feveral captains and officers

commanding companies aforeiaid, the faid field-officers, or any of them, are hereby

direfted and enjoined to caufe the feveral fines and penalties mentioned in this aft to

be ftriftly levied, and applied in the manner herein before mentioned.

12. And be it further enabled by the authority aforefaid, That if any captain or person sues

other officer, conftable, patrol man or other perfon, mail be fued arrefted or implead- tw'Xa?

ed for any matter or thing which he (hall do, or caufe to be done, by virtue of or in ranfsue.'

purfuance of this aft, it (hall and may be lawful for every fuch captain or other offi

cer, condable, patrol man or other perfon, to plead the general iffue, and give this

aft and the fpecial matter in evidence on the trial; and if a verdift (hall pafs againft

the plaintiff or plaintiffs, or that fuch plaintiff or plaintiffs fhall fuffer a non-fuit, or

difcontinue his or their aftion or fuit, then and in every fuch cafe, the court where

fuch aftion (hall be depending fhall tax and allow to the defendant his or their double

cofts in every fuch fuit or aftion : Provided always, That this aft, and every thing PIO!ri"1

4M

- SLAVES AND PATROLS",

itioii. herein contained, fhall continue and be in force only for the term of three years, and

from thence to the eud,of the next feflion of the General Affeinbly, and no longer.

By order of the Commons Houfe of Affembly.

*

ALEXANDER WYLY, Speaker..

*

By order of the Upper Houfe.

JAMES HABERSHAM, Prejident,

Council Chamber, November 18, 1765.



.

>

JAMES WRIGHT.

An at to amend and continue an all for the e/lablifhing and regulating patrols, and for preventing any perfon from purchafmg frovifions or any oilier commodities from, or fellingfuch, to any Jlave unlep JuchflaveJliall produce a ticketfrom his or her ow ner, manager @r employer,

preamble. !. "1TT THERE AS, the feventli and ninth elaufes of the "Aft for the eftablifhing

YV and regulating patrols, and for preventing any perfon from purchasing

ptovifions or any other commodities from, or felling fuch to any Have, unlefs fuch,

flave fhall produce a ticket from his, or her owner, manager or employer," do refer

to the aft of the General Affembly of this province, entitled " An aft for the better

governing negroes and other Haves in this province, and to prevent the inveighling or

carrying away {laves from their mailers or employers," of which aft his majelty hath

declared his royal difallowance and the feveral directions therein contained and to

which the faid firft recited act doth refer, are thereby annulled and of non effect, by t

which means many inconveniences have arifen, to remedy which, Be it enacled, That

g^ytoavms,immediately from and after pairing of this act, it fhall not be lawful for any flave,

ceruin cases, unlefs in the prcfcnce of fome white perfon, to carry and make ufe of fire arms, or any

offenfive weapon whatfoever, unlefs fuch Have fhall have a ticket or licenfe in writing,

from his mailer, millrefs or overfeer, to hunt and kill game, cattle, or mifchievous

birds, or beafts of prey, and that fuch licenfe be renewed once every week, or

unlefs there be fome white perfon of the age of fixteen years or upwards in the com

pany of fuch Have, when he is hunting or {hooting., or that fuch {lave be actually car

rying his matter's arms to, or from his mailer's plantation by a fpecial ticket for that

, purpofe or unlefs fuch flave be found in the day time actually keeping off birds with

in the plantation to which fuch flave belongs, lodging the fame gun at night within

rroviw. the dwelling houfe of his mafter, millrefs or white overfeer, Provided always, That no

flave fhali have liberty to carry any gun, cutlafs, piftol or other offenfive weapon

abroad at any time between Saturday evening after funfet, and Monday morning be

fore funrife notwithstanding a licenfe or ticket for fo doing.

patrols may 2
gei^c orr^nsive
sroTiouse". ne" or to

dnd l {/; further enabled. That in,cafe any or either of the patrols eflablifhed,

^e

J
e^ablifhed

,
within

this

pro' vince' ,

,*
by virtue of

the

.*
faid act on

.
fearching

\
and

examining any negro houfe for offenfive weapons, fire arms and ammunition, {hall

find any fuch, or in cafe any perfon fhall find any flave ufing or carrying fire arms or

other offenfive weapons contrary to the intent and meaning of this act, fuch patrol

or perfon or perfons may lawfully feize and take away fuch offenfive weapon, fire

arms and ammunition, but before the property thereof fhall be veiled in the perfon

SLAVES AND PATROLS.

' or perfons who fhall feize the fame, fuch perfon or perfons mall within three days

next after fuch feizure, go before a juftice of the peace and fliall make oath of the

>

manner of taking thereof, and if fuch juftice of the peace after fuch oath made,

or upon due examination, fhall be- fatisfied that the faid fire arms, offenfive weapon, or

ammunition fhall have been feized according to the directions and agreeable to the

true intent and meaning of this act, the faid juftice fliall by certificate under his hand

and fealdeclare them forfeited, and that the property is lawfully veiled in the perfon or

perfons who feized the fame. Provided always. That no fuch certificate (hall be grant- Provls>'

ed by any juftice of the peace, until the owner or owners of fuch five arms or other

offenfive weapon fo feized as aforefaid, or the overfeer or overfeers who fhall or

may have the charge of fuch Have or {laves from whom fuch fire arms or other of

fenfive weapon fo taken or feized, fliall be duly fummoned to fliew caufe why the

fame fhould not be condemned as forfeited, or in cafe of non-appearance, until

three davj s after the fervice of fuch fummons,/ and oath made of the fervice thereof before the faid jultice.

3, 4, and 5 Prohibit perfons from trading with negroes without a licenfe obtained

in writing, permitting the faid negroes to trade--re-enacted by aft of ly/Oj feftions

31, 32., 33--vide the next law.

6. And whereas, it'has been found that the number of perfons exempted in a d J^"**, ^

by the fourth ciaufe in the faid aft from the patrol duty, renders the faid duty very ^"'j^^f*!'

burthenfome upon the inhabitants in the town of Savannah, who are by law obli- y/^f""11TM'11"

ged to perform the fame: Be it therefore enabled, That the faid fourth ciaufe fliall

not extend, or be conftrued to extend, to exempt the feveral perfons therein men

tioned, being above the age of fixteen and under the age of fixty, and refiding in

the town of Savannah, or hamlets of Yamacraw, Ewenfburgh, and the Truftees'

gardens, the governor or commander in chief for the time being, and minifters of

the gofpel only excepted from being fubjeft to fuch patrol duty in the faid town of

Savannah and hamlets aforefaid, in the fame manner, and liable to the fame penal

ties and forfeitures as in and by the faid recited aft is particularly mentioned and de

clared.

.

7. And in order to prevent the nightly diforders and riots in the town of Savannah, Kig,,tly dis()r.

'Be it junker enacted, That every patrol appointed and to be appointed to do duty in^TM tSVe'p''^

the faid town by virtue of the faid aft, fhall be and they are hereby empowered in cafe vclltc<l>

of any riot or difturbance being made by any diforderly white perfon or perfons

either in the ftreets, fquares, or lanes of the faid town or in any tippling houfe, tavera,

or punch houfe, within the fame or within thediftrict of the faid patrol, calling never-

thelefs a lawful conftable to their afliftance before they fliall enter fuch tippling houfe,

tavern, or punch houfe, to apprehend and take into cuftody fuch white perfon or per

fons, and him or them fafely to keep until the next morning, except fuch perfon or

perfons fliall be apprehended and taken in any fuch tippling houfe, tavern or punch

houfe, in which cafe the conftable fo called to the afliftance of fuch patrol fhall con

tinue in the charge of fuch offender or offenders, when fuch patrol or patrols fliall

deliver fuch offender or offenders to the cuftody or charge of fome one of the confta-

bles appointed for the faid town, who are hereby directed to take charge of fuch of

fender or offenders and convey him or them, at or before the hour of nine in the

forenoon of the fame day, to fome oneof the juftices of the faid town, who upon proof

of fuch offence, fhall and he is hereby empowered to inflift a fine not exceeding ten fliil-

ings upon fuch offender or offenders.to be recovered by warrant under thehand and feal of

3H

SLAVES AND PATROLS.,
fuch juftice, and applied one half to the patrol who. fhall apprehend, and (lie other half to the conftable, having charge of fuch offender or offenders.
8, And lie U further enacted. That the faid before recited acl,. and this act '{hall con. tj, nue andi ibe i n force tr*or and1d1 uri* ng1the term of one year, and.from thence to the end of the next fcffion of the General Afiembly. and no longer,, any thing in. the faid reci ted aft, to the contrary thereof notwithstanding.
By order of the Commons Houfe of Affei-nbly. N.. W. JONES, Speaker..
By order of the Upper Houfe. JAMES HABERSHAM,. PrejichnL
Council: Chamber, December 24, 1768.. Afientcd to.
JAMES WRIGHT..
-.An aB'for ordering and' governing flaves within this province, and for eJlab'lijTi'ing &;. jurifdiclionfor the trial of offences committed by fuch flaves, and other ficrfons there in mentioned, and to prevent the inveighling^, and carrying, away flaves from their mafters, owners, or employers,.
i>\ TIT 7"HEREAS, from the increafing number of flaves in this province, it is neVV ceifary asvvell to make proper regulations for the future ordering and go
verning fuch flaves, and to afcertain and prefcribe the punifhment of crimes by them committed, as to fettle and limit,, by. poiitive laws, the extent of the power of theow.ners of fuch flaves o.ver them, ib that they may be kept in due fubjeftion and obe dience,, and. owners or perfons having the care and management of fuch flaves, may be reftvained from, exercifing unneceflary rigor or wanton cruelty over them. Therefore be it enabled.,. That all negroes, Indians,, nuilattoes, or muftizoes, who now are, or hereafter fhall be-in this province, (free Indian's in amity with this government, andnegroes t,mu!attoes,. or-muftizoes, who now are or hereafter fliall become free exceptedj.and all their iflue and offspring born, or to-be-born,, fliall be, and they are hereby declared.to be and remain forever hereafter abfblute flaves, and fhall follow the condition of the mother, and fliall be taken and deemed in-Jaw to be chattels perfonal in the hands of their refpeclive owners and pofieflors, and their executors, adminiftrators and afligns, to. all intents and purpofes whatfoever :. Pro-aided always, That if rov** an y perfon or perfons v/hatfoever, on behalf of any negro, Indian , mulatto, or miiftizoe, do apply to the chief juftice, or juftices of his majefty's general court by peti tion,, either during the fitting of the faid court, or before the chief juftice, or any of Sf"ed5mf thejuftices of the fame court, at any time in the vacation, the faid chief juftice, or ctonsIp^taVciany of the faid jultices, {hall be, and he and they is, and are hereby empowered to adforttau. mit.any fuch perfon, fo applying to- be guardian for any negro, Indian, mulatto, or muftizoe, claiming his or her freedom, and fuch guardian fhall'be enabled, entitled, and capable in-, law, to bring, aa action, of trefpaft, in the nature of ravilhment of ward, againft any perfon or perfons who fhail claim property in, or fliall be in poffeffion of any fuch negro, Indian,, mulatto^ or rnuftizoe; and the defendant or defendants, fliall. and'may plead the general iflue on fuch action brought, and thefpecia! matter may and, fhall be given in evidence, and upon general or fpecial ver-
found, judgment fhall be given according to the very right of the caufe, whhoufi.

SLAVES AND PATROLS.

4*7

"having any regard to any defect in the proceedings, either in form or fubftance, and if

judgment fhall be given for the plaintiff, a fpecial entry (hall be made, declaring that

the ward of the plaintiff'if free, and the jury (hall affefs damages which the plaintiff's

waVdhath fuitained, and the court fhall give judgment and award execution againft

the defendant, for fuch damages, with full coils of fuit, but in cafe judgment (hall be gi

ven for the defendant, the faid court is hereby fully empowered to inflift fuch corporeal

puniihment, not extending to life or limb, on the ward of the plaintiff as they in their dif-

cretion fhall think fit : Provided always. That in any action or fuit, to be brought in

purfuance of the direction of this aft, the burthen of the proof ftiall lie on the plaintiff,

and it {hall always be prefumed that every negro, Indian, mulatto, or muftizoe., (ex

cept as before excepted) is a flave, unlefs the contrary can be made appear.

2. And be it further enabled. That in every action or fuit to be brought by any

fuch guardian as aforefaid, appointed purfuant to the direction of this act, the defen-pf*M^

dant mail enter into a recognizance, with one or more fufficient fureties, to the plain-p,TMj"^fjjf

tiff, in fuch fum as the faid general court fliall direct, with the condition that he fliallPlalatia'-

produce the ward of the plaintiff at all times when required by the court, unlefs fuch

defendant mall prove upon, oath to the fatisfaction of the faid court, his inability to

produce fuch ward, and that whilft fuch action or fuit mall be depending and unde

termined, the ward of the plaintiff fhall not be abufed or mifufed.

3. And for the better keeping (laves in due order and fubjeOion, Be itfurther ^ icrs(rtini

enacted. That no perfon whatfoever fhall permit or fuffer any flave under his orp^ittw

their care or management, and who lives or is employed in any town in this province, "1fcrt^,1TM"!

to go out of the limits of the faid town or towns, or any fuch flave who lives in the^j^"10

country, to go out of the plantation to which fuch flave belongs, or in which plan

tation fuch flave is Lifually employed, without a ticket figned or fubfcribed by the

mafter or other perfon having the care or charge of fuch flave, or by fome other

perfon by his or their order, direction' and confent; and every Have which fhall be

found out of any town in this province, if fuch flave lives or is ufually employed

there, or out of the plantation to which fuch flave belongs, or in which fuch ilaveis

ufually employed, if fuch flave lives in the country, without a ticket as aforefaid, or

\vilhout a white perfon in his or her company, fhall be punifhed with whipping on

the bare back, not exceeding twenty lafhes.

4. And lie it, further enatted, That if any perfon or perfons fliall prefurae to give^,"*^?"/

a ticket or licenfe to any flave who is the property or under the care or charge of ano- ^'j!hem,t0cof>

ther, without the confcnt of the owner or other perfon having the charge of fuch owner* 1"*

flave, he, flie or they, fhall forfeit to the owner a fum not exceeding five pounds,

over and above the damage that may accrue to fuch owner by the abfence of fuch

flave.

5. And be it further enafted. That if any flave, who fhall he out of the houfe or aarahd

plantation where fuch flave doth live, or is ufually employed, or without fome white wheretueyii

perfon in company with fuch flave, fhall refufe to fubmit to the examination of any j^fl/l

white perfon, it fhall be lawful for any fuch white perfon to purfue, apprehend and P-<>#..

moderately correct fuch flave, and if fuch flave (hall affauLt and ftrike fuch white perfon,

fuch flave may be lawfully killed. Provided always, That proof be made of fuch af-

fault, or ftriking as aforefaid, to the fatisfaction of any two juftices of the peace, and

feven freeholders, to he fummoned for that purpofe; and if fuch proof cannot be

made to the fatisfaction of the faid juftices and freeholders, then and in fuch cafe,,

the perfon or perfons killing fuch flaye fhall forfeit and pay to the owner the value'of

iuch flave fo killed, to be afcertained on oath by the faid j.uftices and freeholders^

JL '

'

428

SLAVES AND PATROLS.

and to be recovered, if exceeding the fum of eight* pounds, in the general court of pleas in this province; and if not exceeding the fum of eight pounds, to be recover ed by the faid juftices by warrant of diftrefs and fale of the offender's goods; and in cafe no goods can be found whereupon to-levy fuch diftrefs, then the offender or offenders fhall be committed by the faid juftices to the common jail, there to remain until the faid value fhall be paid, or for any time not exceeding fix months. penalties on 6*. And be it further enabled. That if any flave who fhall be employed in the lawful siavTMin the"g bufinefs or fervice of his mailer, owner, overfeer, or other perfon having the charge tS'iSers. of fuch flave, fhall be beaten, bruifed, maimed or difabled, by any perfon or perfons not having fufficient caufe for fo doing (of which caufe any juftice of peace refpeftively may judge) every perfon and perfons fo offending, fhall for every fuch offence forfeit and pay the fum of five (hillings fterling, over and befides the damages herein after mentioned, to the ufe of the poor of the parifh in which fuch offence fhall be committed; and if fuch flave or flaves fhall be maimed or difabled by fuch beating from performing his or her work, fuch perfon or perfons fo offending fhall alfo for feit to the owner of fuch flave, his or her lawful attorney, a fum not exceeding two millings for every day of his 10ft time, and alfo the charge of the cure of fuch flave, and fatisfaftion fhall alfo be made to the owner for the damage done to fuch flaVe, and the damage to be afcertained by two freeholders of the neighborhood, one to be named by the owner, or his or her attorney, and the other by the offender; and in cafe the faid offender will not name one freeholder on his part, then fuch freehold er to be named by any juftice to whom the party aggrieved fhall apply; and the faid, penalty and damages fhall, upon lawful proof thereof made, be recoverable before any one of his majefty's juftices of the peace; and fuchjuftice before whom the lame fhall be recovered, fhall have power to commit the offender or offenders to jail, if he, flie or they, (hall produce no goods on which the faid penalty and damages may be levied, there to remain until fuch penalty and damages fhall be paid, any law, ft atute, ufage or cuftom to the contrary notwithstanding. dive'sTow to 1 And, whereas the frequent meeting and aflembling of {laves under the pretence of he dispersed, feafting may be attended with dangerous confequences; Be it further enaffed, That it fhall and may be lawful for every juftice affigned to keep the peace in this province within his refpeclive parifh, upon his own knowledge or information received,.either to go in perfon, or by warrant or warrants directed to any conftable or other perfon, to command their affiftance any number of perfons as they mail fee convenient, to difperfe any affembly or meeting of Oaves, which may difturb the peace or endanger the fafety of his majefty's fubjecis; and every flave which fhall be found and taken at any fuch meeting as aforefaid, fhall and may by order of fuchjuftice, immediately be corrected without trial,by receiving on the bare back not more than twenty-five ftripes, with a whip, fwitch or cowfkin ; and fuch juftice, conftable or perfon as aforefaid, are hereby authorized and empowered to fearchall fufpecled places for arms, ammu nition, or ftolen goods, andto apprehend and fecure all fuch flaves as they fhall fufpeft to be guilty of any crimes or offences whatfoever, and to bring them to fpeedy trial according to the direction hereafter given by this aft : And in cafe any conftable or other perfon fhall refufe to obey or execute any of the warrants or precept of fuch juftices or any of them within their feveral parifhes, or fhall refufe to affift the faid juftice or conftable, or any of them, when commanded and required, fuch perfon and perfons ftiall forfeit and pay for every fuch offence a fum not exceeding five pounds

* Juftices' jwifdi&iosi confined to thirty dollars.

SLAVES AND PATROLS.
fterling, to be recovered by a warrant under the hand and feal of any other juftice of the peace,
8. And be it further enafted. That upon any complaint being made to, or infor-TvWofsiavos
mation received1,1by any julri,ice or! thi e peace, orr any ofifrence lbei ng commu tedi >by any fceonmcems.itting offlave or flaves within the parilh where fucjh juftice is empowered to act, fuch juftice fhall commit fuch flave or (laves to the workboufe, if any, or to the fafe cuftody of any conftableof the faid parifh, and fliall without delay, by warrant under his hand and feal, give notice of fuch commitment, to any two or more of the neareft juftice or juftices of the peace in the faid parifh, toaffociate with him, and by the tame warrant lhall fumrnons a jur,y of not lefs than feven of the neighboring freeholders, to meet to gether with the faid juftices at a certain time and place to be by them appointed, not exceeding three days after the apprehending and committing of fuch flave or Oaves as aforefaid, (unlefs it mall appear necelTary for the faid juftices, either for want of ftifficient and .pofitive proof or any other fufficient reafon to delay the fame,) and the juf tices and jury fo alTembled fhallcaufe the flave or flaves accufed or charged as afore faid, to be brought before them, and lhall hear the accufation brought againfl fuch flave or flaves, and his or her defence, and proceed to the examination of witneffes and other evidence, and finally hear and determine the matter brought before them as aforefaid, in the moft fummary and expeditious manner; and in cafe the offender fhall be convifted of any crime not capital, the faid juftices or any two of them, fliall give judgment for the inflicting any coporeal punifhment, not extending to the taking away life or member, as they in their difcretion fliall think fit, and fhall award and caufe execution to be done accordingly ; and in cafe fuch offender {hall beconviiited of any crime for which by law he or me ought to iuffer death, the faid juftices or any two of. them fhall give judgment and award execution oflheirfentence,by directing fuch man ner of death, and at fuch time, as the faid juftices with a majority of the jury lhall think moft convenient, and which they fhall judge moft effectual to deter others from offending in like manner. Provided neverlhelef^ That in cafe the owner, truftee or $ other p.erfon fliall give fufficient fecurity to the laid juftices for the forth coming of fuch negro or negroes, and of all expences that may attend fuch delay, then the faid execution of fuch fentence fliall not be carried into effect, but be fufpended until the faid juftices or any two of them, fliall under their hands, lay a full ftate and report of the cafe, evidence, verdift and judgment thereupon, before the governor or comman der in chief for the time being, and his pleafure be known thereon.
g. And be it further enabled, That as loon as the juftices and jury fhall be affem- ohtobc^ bled as aforefaid, in purfuance of the direction of this aO, the faid jury fhall take ^f"^"^ the following oath; " I, A. B. do folemnly fwear, in the prefence of Almighty God, that I will truly and impartially try the prifoner or prifoners brought upon his, her or their trial, and a true verdict give according to evidence to the beft of my know ledge. So help me God,"
10. And for preventing the concealment of crimes and offences committed by Saves, and for the more effectual difcovery and bringing flaves to condign punifh,ment, Be ii further enacted, That the evidence of any free Indians, tnulattoes, muf-f^"TM^* tizoes, or negroes, or flaves, fhall be allowed and admitted in all caufes whatfoever, sUvCBfor or again ft another flave, accufed of any crime or offence whatfoever; the weight of which evidence, being ferioufly confidered and compared with all other circumftances attending the cafe, fhall be left to the juftices and jury.
11. And whereas, flaves may be harbored and encouraged to commit offences, and concealed and received by free negroes? and fuch free negroes may efcape the punilh-

430

SLAVES AND PATROLS.

ment due to their crimes for want of fufficient and legal evidence againft them t Be'it Evidence ad- therefore further enaSted, That, the evidence of any free Indian or Have fhall in like frrtneg'^eTM mann&r be allowed and admitted in all cafes againfl any free negroes, Indians (free
Indians in amity with this government excepted) mulattoes .or rnuftizoes, and all ! crimes and offences committed, by free .negroes, Indians (except as before ex cepted) mulattoes or muftizo.es,, ftall be proceeded and tried by the juftices and jury appointed by this act for the trial of flaves, in :h'ke manner as is hereby directed for the proceedings .and trial of primes and offences committed by flaves, any law, fla. tute ? ufage or .cuftom to the contrary notwithiia.nding. eertei^jrmTes i?. And be. it 'further eiiaffed, That the feveral crimes and offences herein after particularly enumerated, are hereby declared to be felony, that is to fay, if any (lave,, 'free negro., Indian, mulatto or muftizoe (Indians in amity with this govern- . ment excepted) mall be guilty of homicide of any fort upon any white perfon, ex cept by mifadventure, or in defence of his or her owner or other perfon under whofe care and government fuch flave {hall be, or fhall raife or attempt to raife any infur. rection, or commit or attempt to commit a rape on any white perfon whomfocver, every fuch offender and offenders,, his and their aiders and abettors, fhall, upon conviQion thereof, fuffer death; or if any flave, free negro, Indian, mulatto or muftizoe, -.(except as before excepted) fhall wilfully and malicioufly kill any flave or other per fon as aforefaid, or fhall break open, burn or deftroy any dwelling houfe or other building whatfoever, or fet fire to any rice, corn or other grain, tar-kiln, barrel or barrels of pitch, tar, turpentine, rofin, or any other goods or commodities whatfover, or ihall fteal any goods or chattels whatfoever, or delude or entice any flave or flaves to run away, whereby the owner .or owners of fuch flave or flaves fhall or would have loft or been deprived of fuch Have or flaves, every fuch Have and Have?, and his and their accomplices, aiders and abettors, ftiall, upon conviction as afore faid, fuffer death, or fuch other punifhment as the faid juftices and jury fhall in their difcretion think fit; Provided, That fuch Have fhall have actually prepared provifions, arms, ammunition., horfe or horfes, or any flat, canoe, or other veflel, or done any other overt act, whereby fuch their intentions fhall be manifested.
13. And whereas, .the deteftable crime of poifoning hath frequently been eormnit.*ouoningorbe-ted by flaves: Be it therefore enabled, That not only fuch negroes, u.alattoes or mufttihhngeerraeecttcooc,,:itaca- tizocs, as fhall adminifter p.oifon to any perfon or perfons, whether free or bound, ited felony. but alfo all ,and every negro, mulatto or muftizoe, who fhall furnifh, procure or
convey any poifpn to be adminiftered to any flave or Haves, or to any perfon or per fons as aforefaid, and alfo all fuch negroes, mulattoes and mullizoes, as fhall be pri vy (and not reveal the fame) to the furnifhing, procuring or conveying any poifon to be adminiftered to any perfon or perfons as aforefaid, fhall be deemed and ad judged, and all and every of them are hereby declared to be felons, and differ death in fuch manner as the perfons appointed by.this act for trial of flaves fhall adjudge and determine.
i/j.. And for the encouragement of flaves to make difcovery of the defigns of siavegMng otriers to poifon any perfon, Be. it enabled, That every negro, mulatto or muftizoe, anforSgrto f who fliall hereafter give information of the intention of any other flave to poifon El rewarded*0 3n Y pci'f0 '1 ! or .of any flave that hath furnifhed, procured or conveyed any poifon
to be adminiftered to any perfon, fhall, upon convifilion of the offender or offend ers, be entitled to and receive from the public of this province, a reward of twenty (hillings, to be paid him or her by thetreafurer yearly and every year, during the abode of fuch negro, mulatto or muftizoe in this proviacej on the day that fuch difcove-r

SLAVES AND PATROLS.

,

4-31

TV -was made, and (hall alfo be exempted from the labor of his or her mafter on that .day; and every juftice, before fuch information and conviction is made, is hereby required to give a certificate of every fuch information, which certificate fhall entitle the informant to the reward aforefaid: Provided always neverthelefs., That no flave Provi* .iliall.be convicted upon the bare information of any other flave, unlefs fome circumitanceor overt aft appear, by which fuch information mail be corroborated ta> the fatisfaftion of the fa id juftices- and jury.
15. And. provided alfo, and be it further enafte.d, That in cafe any {laves fhall Be !Riwnj. convicted of having given falfe information, whereby any other flave may have fuf- tion,hUw'SV fered wrongfully, every fuch falfe informer fhallbe liable to and fuffer the fame pu-, nifhment as was inflicted upon the party accufed,. any law,, ufage or cuftom to the ^contrary n-otwkhftandin'g...
16. And be it further enaffed, That in cafe any flave firall teach and inftruft ano--SMvestca(:h!n ther Have in the knowledge of any poifonous root, plant, herb, or other fort of a ^'^"sS* poifon whatever,, he or me offending, fliall,. upon conviction thereof, fuffer death as Seuught a felon; and the flave or flaves fo taught or inftrufted, fhall fuffer fuch punifhment, SSS1 '''1"*"' not extending to life or limb, as fhall be adjudged and determined by the juftices and .jury,., before whom fuch flave or flaves fhall be tried.
17. And be it further enatted, That no negroes or other flaves fhall hereafter be slaves giving {offered or permitted to adminifter any medicine or pretended medicine to any other SleSe.'0TM. (lave, but at the inflance or direction of fome white perfon owning or having the care lira wh'teep-' and management of the flave, to whom the. fame is to be adminiftered; and in cafe cor'por'LiTMu"any negro or other flave fliall offend herein, he or me fhall, upon complaint and"""6'1 ' proof thereof made., to any juftice of the peace, fufler corporeal puniPmnent not ex
ceeding fifty ftripes.. .18. And in order to difcourage any owner of flaves from concealing any crime
committed by fuch flaves to the prejudice of the public welfare, Be it further ena,tted,^l^TMf^*That in cafe any flave fhall be put to death in purfuance of any fentence awarded by n>TMkidirection of this aft, the juftices awarding the fame,, and the whole jury who found him or her guilty, fhall appraife and value fuch flave fo to be put to death, on oath, which appraifement and valuation fliall be certified to the treafurer of this province, who is hereby authorized to pay the fame to the owner of fuch flave or his order,* Provided, fuch appraifement and valuation does not exceed the fum of forty pounds KTMvtocxcee* fterling for any one flave, And provided alfo, That fuch flave or flaves at the time of pr'o'vlJg0,"1"18' the committing the crime for which he, me or they, fhall be fo fentenced, fhall clearly ap pear to have been the property of an inhabitant of this province, or of fome perfon having a fettled plantation therein whereon fuch flave or flaves at the time the faid crime was committed, was or were employed.
ig. And be, itfurther cnaBedr That the faid juftices or any of them are hereby au- A1!persons thorized, empowered, and required, to fummon and compel all perfons whatfoever g^i^nc?' to appear and give evidence upon the trial of any flave, and if any perfon fhall neg- * uiHl of left or refufe to appear, or appearing fhall refufe.to give evidence, or if any mafter or other perfon who has the care and government of any flave, fhall prevent and hin der any flave under his charge and government from appearing and giving evidence in any matter depending before the juftices and jury as aforefaid, the laid juftices may, and they are hereby fully empowered and required, upon due proof made of fuch famoion being ferved, to bind every fuch perfon offending as aforefaid, by recogmV

* Repealejlby a& of 1793, fel. 3,

43s ,

-SLAVES" AND PATROL!

zance with one or more fufficient fureties, to appear at the next general court to artfwer fuch their offence and contempt, and for default of finding furetiesto commit fuch
offenders to prifon, for any term not exceeding the fpace of two months. Masters con- so. And be it jurikcr enatted, That in cafe the mafter or other perfon having sfaves?aUufed charge or government of any (lave who fhould be accuied of any capital crime, mail cn;mtatol for- conceal or convey away any fuch flave, fo that he cannot be brought to trial and condrcH pounds, if diem pumfhment, every mafter or other perfon fo offending, fhall forfeit a fum not extnwoetnt,yappiotau[nds. ce0ed1mg two 1 hun1 dre,d poundis interlIi-ng, i tr lruchi Hri ave ibe accuired1 orr a capi-tali crime as
aforefaid; but if fuch flave be accuied of a crime not capital, then fuch mafter or other perfon ihallonly forfeit a fum not exceeding twenty pounds fterling, to be paid to the treafurer for the ufe of the public. SaMe'inSe". 21 - And be it farther enaEled, That all and every the conftable and conftables in cSp'S'oS" ^ie feveral parifhes within this province where any flave fhall be fentenced 'to fuffer slaves, death, or other punifhment, fliall caufe execution to be done of all the orders, warrants, precepts and judgments of the juftices hereby appointed, to try fuch flaves for the charge arid trouble of which the faid conftable or conftables refpeQively fhall be paid by the public, unlefs in fuch cafes as fhall appear to the faid juftice or juftices to be malicious or groundlefs profecutions, in which cafes the faid charges mail be paid by theprofecutors, for whipping or other corporeal punifhments not extending to life, the fum of five (hillings, and for any punifhmeht extending to life, the fum of fifteen {hillings, and fuch other charges for keeping and maintaining fuch flaves, as are by the act for erecting the workhoufe appointed; for the levying of which char ges againft the profecutor, the juftices are hereby empowered to ilfue their warrant, and that no delay may happen in caufing execution to be done upon fuch offending. flave or flaves, the conftable who fhall be directed to caufe execution to be done, fliall be and he is hereby empowered to prefs one or more flave or flaves in or near the place where fuch whipping or other corporeal punifhment fhall be inflicted, to whip or inflict fuch other corporeal punifhment upon the offender or offenders; and fuch Have or flaves fo preffed fhall be obedjentto, and obferve all the orders and directions of the conftable in and about the premifes, upon pain of being puniflied by the faid conftable by whipping, on the bare back not exceeding twenty L 4hes, which punifhmentthe faid conftable is hereby authorized and empowered to inflict; and the con ftable fliall, if he preffes a negro, pay the owner of the laid negro two fliillings out of his fee, for doing the faid execution ; and in cafes capital fliall pay to the negro doing the faid execution, the fum of two fliillings over and above the faid fee to his owner. 'suves not to 22. And' be it further enaffed, That it fliall not be lawful for any flave to carry Sceptft MaiTMc. and make ufe of fire arms, or any offenfive weapon whatfoever, unlefs there be npomu oiu. ^om w ]1 jj;e perfon o f the age of fixteen years or upwards in'the company of fuch flave when he is hunting or flio6ting, or unlefs fuch flave be found in the day time, actually keeping off birds or killing beafts of prey within the plantation to which fuch flave belongs, lodging the fame gun at night within the dwelling houfe of his mafter, miftrefs or white overfeer; and in cafe any perfon fhall find any flave ufing or carrying firearms or other offenfive weapon contrary to the true intention of this act, fuch perfon may lawfully feize and take away fuch offenfive weapon or fire arms; but before the property thereof fliall be vetted in the perfon who fhall feize the fame, fuch perfon fliall, within forty-eight hours next after fuch feizure, go before the next juf tice of peace, and fhall make oath of the manner of the taking thereof; and if fuch. juftice of the peace, after fuch oath, fhall be made, or if upon any other examination^

.SLAVES AND PATROLS,

he fhall be Satisfied that the Said fire arms or other offenfive weapons (hall have been

feized according to the directions, and agreeable to the true intent and meaning of this

aft, the laid juttice {hall by certificate, under his hand and feal, declare them forfeited,

and that the property is lawfully veiled in the peribn who feized the, fame : Provided .,,,.

always, That no fuch certificate mall be granted by any juftice of the peace until the

owner or owners of fuch fire arms or other oifenfive weapon fo feized as ajbrefaid,

or the oyerfeer or overfeers who mall or may have the charge of fuch (lave or flaves

from whom fuch fire arms or other offenfive weapon fo taken or feized, fhall be duly

fummoned, to {hew caufe why the fame mould not be condemned as forfeited, or urj-

til forty-eight hours after the fervice of fuch fummons, and oath made of the fervicc

thereof, before the faid juftice.

23. And be it further enaffcd, That if any flave fhall prefume to ftrike any white ave swung

peribn, fuch flave upon trial and conviction, before the juftice or juftices according 'on,iuw t

to the direction of this act., fhall for the fir ft offence fuffer fuch punifhment as the

faid juftice or juftices fhall in his or their difcretion think fit, not extending to life 'or

limb; and for the fecond offence fuffer death: But in cafe any fuch flave fhall griev-

oufly wound, maim or bruii'c any white peribn, though it ihall be only the firft of

fence, fuch flave fhall fuffer death. Provided always, That fuch ft.rik.ing, wound- FV9TM' ;

ing, maiming or bruiting be not done, by the command, and in the defence of the

perfon or property of the owner or other perfon having the care and government of

fuch flave, in which cafe the {lave {hall be wholly excufed, and the owner or 'other

perfon having the care and government of fuch flave, fhall be anfwerable as if the

yet had been committed by himfelf.

24. And be it further enabled, That it fhall and may be lawful for every perfon to ,,,,,,,,,.

take, apprehend and fecure any runaway or fugitive flave, and they are hereby di- uvmAtthf

' retted and required, within forty-eight hours after fuch taking, apprehending and fe- FnSncd?'*

curing (otherwife fuch perfon to be conftrued and taken as a harborer of fuch runa

way or fugitive flave) to fend fuch flave, if convenient, to the mafter or other per

fon having the care and government of fuch flave, if the perfon taking up or fecur-

ing fuch flave, knows, or can without difficulty be informed to whom fuch flave be

longs, or fuch flave fhall be delivered into the cuftody of the mafter of the work-

houfe of the parifh, if any, but if none, to any conftable of the faid parifh; and

the mafter or other perfon who has the care or government of fuch flave, fhall pay

for taking up fuch flave, whether by a free perfon or flave, the fum of five millings

fterling, and the mafter of the workhoufe or conftable, upon receipt of every fugi-

tive or runaway flave, is hereby directed and required to keep fuch flave in fafe cuf-

tody until fuch flave fhall be lawfully discharged, and fhall, as foon as conveniently it

maybe, advertife fuch flave in the public gazette, and alfo in the moft public place

in the parifh where fuch flave fhall be taken up, with the beft defcription he fhall be

able to give, firft carefully viewing and examining fuch flave for any brand or mark,

which he Ihall alfo advertife., to the intent the owner or other perfon who fhall have

the care and charge of fuch flave may come to the knowledge that fuch flave is in

their cuftody ; and if fuch flave fhall efcape through negligence, and cannot be taken '

up in three months, the faid perfon ihall anfwer to the owner for the value of fuch

{lave, or the damages which the owner fhall fuftain by reafon of fuch efcape, as the

cafe fhall happen,

25. And be it further ena&ed, That the faid mafter of the workhoufe or confta-siiob

blc fhall,. at thejjparge of the owner of fuch flave. provide Sufficient food, drink, ^"S

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..'0 *I .

titesw

434

SLAVES AND PATROLS.

clothing and covering for every Have delivered into his cuftody, or on failure thereof, fhall forfeit all his fees, and for each day after he (hall negleft to advertife as before directed, the fum of three (hillings. persons taking 26. And be itfurther enaffcd, That if any perfon fha'll take up any runaway (lave, ted^ouvTM"" and (hall deliver fuch flave either to the mafter or other perfon having the care and Sumt^*'charge of fuch flave, or to the conftable of the parilh, or the mafter of the workevryofiave>~ houfe, fhall be entitled to receive from the owner, or conftable of the parifh, or the f wok- mafter of the workhoufe, twopence per mile for every mile fuch flave fhall have been (table. brought or fent, to be computed from the place where fuch flave was apprehended; and if fuch flave fhall be delivered into the cuftody of the conftable of the parifb aforefaid, or the mafter of the workhoufe, the perfon delivering fuch flave fhall give an account of his name, place of abode, and the time and place when and where fuch flave was apprehended; which account the faid conftable or mafter of the workhoufe fhall enter down in a book to be kept for that purpofe, and fhall give a receipt for any fuch flave which fhall be delivered as aforefaid into his cuftody; and the faid con ftable or mafter of the workhoufe is hereby fully authorized and empowered to de mand and receive from the owner or other perfon having the charge or care of any fuch flave, for negroes committed from the month of October to March, inclufive, for finding neceffary clothing and covering, to be the property of the matter's, any f"oftuewmls-fum not exceeding eighteen fhillings, and the feveral fums following, and no other sSbIs. and<:m"funi, fee or reward, on any pretence whatfoever, that is to fay: that for apprehend ing each flave, paid to the perfon who delivered fuch flave into cuftody, five fhillings; for mileage, paid to the fame perfon, twopence per mile; for a fufh'cient quantity of provifion for each day for each flave, iixpence; for advertifing every flave as direct ed by this aft, three fhillings and fixpence; for receiving each flave, fixpence; for poundage on money advanced, one {hilling in the pound: and the faid conftable or mafter of the workhoufe fhall and may lawfully detain any flave in cuftody, until the fees and expences aforefaid be fully paid and fatisfied; and in cafe the owner of fuch flave, or his overfeer, agent, manager, attorney ortruftee, fhall neg!et or refufe to pay or fatisfy the faid fees and expences, for the fpace of thirty days after the fame lhall be demanded by notice in writing, ferved on the owner of fuch flave, or (if the owner is abfent from this province) upon his overfeer, agent, manager, attorney or truftee, the faid conftable or mafter of the workhoufe fhall and may expofe any fuch flave to fale at public outcry, firft giving ten days' notice of fuch fale, and after dedufling the fees and expences aforefaid, and the charges of fuch fale, the overplus money arifing from fuch fale to be lodged in the hands of any one juftice of the parifh where fuch fale fhall be made, and upon demand to be by him returned to any perfon who has a right to demand and receive the fame. renaity M cn- 2 7- And be it further enatted, That if any conftable, or the mafter of the workterofetherwork-houfe fliallvefufe to take into his or their cuftody any fugitive flave or flaves, and to i'caeofadSty do and perform all the feveral fervices and duties required by the foregoing claufe, "outvied. fuch conftable or mafter of the workhoufe (hall forfeit a fum not exceeding twenty pounds fterling, one half to be paid to the owner of fuch flave, and the other half to the poor of the parifh ; fuch line to be recovered on proof being made of fuels offence being committed.
28. And for as much as for want of knowing or finding the owners of any fugitive flave to be delivered to him as aforefaid, the faid conftable or mafter of the workhoufe may not be obliged to keep fuch flave in his cuftody, and find and pro vide pro vift^fcfs for fuch flaves over and bevond a reafonable time : J3e it therefore enalkd. That if the owner or owners

SLAVES AND PATROLS.

4

-1 Ij L

of fuch fugitive (laves mall not, within the fpace of fix days from the lime of adver- sisyesnot 11002, make his, her or their claim or claims, or it fhall not be otherwife made <i^s^iU3d* known to the faid conflable or rnafter of the workhoufe within the time aforefaid, to giTM;^^ whom fuch committed Have fhall belong, the faid conftable fhallcommiuhe faid flave to the cuftody of the mailer of the workhoufe in Savannah, who fhall give a receipt for the fame, and pay the conftable his fees and expences, as directed by this act; and the laid mailer of the workhoufe fhall, immediately and conftantly, advertife in the gazette of this province for the (pace of eighteen months, and if not claimed in that time, it mall be lawful for the faidmafter of the workhoufe to fell fuch flaveat a public.outcry, he firft advertising fuch fale, together with the reafons thereof, and out of the money arifing from fuch flave to deduct or retain to himfelf what fhall be then due for money by him difburfed on receipt of fuch fugitive flave, and for his fees and provifions, together with the reafonablc charges arifing by fuch fale ; and the over plus money,if any, fhall be rendered and paid, by the faidmafterof the workhoufe to the . treafurer of the province for the time being, in truft, neverthelefs for the ufe of the owner or owners of fuch flave, Provided the fame be claimed by him, her or them, within one year and a day after fuch fale, or in default of fuch claim within the time aforefaid, to be applied in aid of the general tax for any fum or fums which fhall or may have been paid for negroes publicly executed, Provided neverthelefs, That on fufficient t(mM; proof of the property being in any perfon or perfons, at any time, the public mall be liable to, and repay the fame.
29. And be it further enabled, That if any free perfon or any flave fhall harbor, personsiiarbofconceal, or entertain any flave that fhall runaway, or fhall be charged or accufed of SS'1"biwyt<> any criminal matter, every free negro, mulatto, and muflizoe, and every flave that fhall harbor, conceal or entertain any fuch flave, being duly convicled thereof ac cording to the direction of this act, if a flave fball fuffer fuch corporeal punifhment, Bot extending to life or limb, as the juflice or juftices who fhall try fuch flave fhall in his or their discretion think fit; and if a free perfon, fhall forfeit the fum of thirty (hil lings .for the firft day, and three fhillings for every day fuch flave fhall have been abfent from his or her owner or employer, to be recovered and applied as in this act here^ after is directed.
30. And be it further enabled, That if any perfon fhall be maimed, wounded or psncs TM[;* difabled in purfuing, apprehending or taking any flave that is fugitive, or charged t^c"a""0"fc with any .criminal offence, or in doing any other act, matter or thing, in obedience to, ^'utu'c'.iy or in purfuance of the direction of this act, he fhall receive fuch reward from the pub lic as by the General Aflembly fhall bethought fitting and proper; and if any fuch perfon fhall be killed fuch reward fhall be given and paid to his heirs, executors or adminiftrators.

31. An 1 be it further enaffed., That if any retailer of ftrong liquors, or any other Penalty on Vw.perfon or perfons, fhall give or fell,to any flave any beer or fpirituous liquors what- hTM'r'&c cto'K foever, without the licenfe or confent ofthe owner or fuch other perfon who fhall have iiSe*11 lout the care or government of fuch flave, every perfon fo offending fhall forfeit a fum not exceeding five pounds fterling for the firft offence, and for the fecond offence ten pounds fterling, and fhall be bound in a recognizance in the fum of twenty pounds (lerling, with one or more fufficient fureties before any one of the j uftices of the peace for theparifh where fuch offence fhall be committed, not to offend in like manner, and to be of good behaviour for one year; and for want of fuch fufficient fureties to be com* milted- to the neareft common jail for a term Hot exceeding three months.

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.

2-

436

SERVANTS, NOT SLAVES

32. And whereas many perfons purchafe provifipns and other commodities from {laves, by which the owners of fuch flaves are and may be great fuiferers, fhould fuch p^iaity on pet-pernicious practices continue, Be it therefore enatted. That/immediately from and afWitiii.uves,&c.tcr the palling of this aft, any perfon or perfons whatfoever who fhall purchafe from, or {ell to, for money or barter with any flave or flaves for any fort oiproviiioii or other commodities whatfoever, unlefs fuch {lave or Oaves {hall produce a ticket from his, her or their employer, owner or manager, allowing Rich {lave or flaves to difpofe of fuch money, or purchafe or {ell fuch provision or commodity, fliall upon conviction . thereof, before any one or more juftice or juftices of the peace for the parifh where fuch offence fliall be committed, forfeit a fum not exceeding ten pounds, to be appli ed one half to the poor of the {aid parifh, and the other half to the informer, and fliall find fufficient fecurity for his, her or their good behaviour for twelve months; and in cafe of refufal to pay fuch penalty or rind fuch fecurity, then and in fuch cafe he, {he or they, fliall be by the faid juftice or juftices committed to the neareft common jail, there to be and remain for and during the {pace of three months. .Prow&^ a/o/ayj,' 7>*:*. That it fliall and may be lawful for any flave who lives, or is aftually employed, in or near any town in the province to buy and fell fruit, fifli, and garden {tuff, and to purchafe any thing for the ufe of their owner, manager or employer, in open market, under Rich regulations as are or may bylaw be made and appointed concerning the market in fuch town or towns.
33* ^^ wA-fgj it may in many cafes be difficult to procure fufficient evidence or wi=&u.icnKimt proof of fuch offences beinE committed, i?g^Z/z'v;/o7Y^f& That where any qwhoOtmluo. {rlave or flaves {nhalul diecl, are, Ibefrore any one or more juftice' or jufnti-ces ofr thV e peace,
(of the probability of which declaration fuch juftice or juftices are hereby allowed to judge) that any perfon or perfons whatever are or have been guilty of fuch offen ces, it fhall be taken for granted (fuch probability appearing) that fuch perfbns arc guilty of the faid offences, and every fuch perfon fliall be and is hereby declared to be liable to the penalties above inflicted on perfbns fo offending, unlefs fuch perfon fliall make it appear upon oath, tothefatisfaftion of fuch juftice or juftices, that he or {he is not guilty of {iich offence. pn][?nno*. 34- ^Mg! ^K ^^r^er Maf?(^, That no owner, matter or miftrefsofany flave, af. 1%'iMnR" terthe paffing of this aft., {hall permit or fuffer any of his, her-or their flaves to go ' and work out of their refpective houfesor families without a ticket in writing under the pain of forfeiting the fum of thirty {hillings fteriing for every fuch offence, to be paid the onehalf to the juftices of the parifh, for the ufe of the poor of the parifh in which the offence is committed, and the other half to him or them that will inform or fue for the fame, and every perfbn employing any flave, without a ticket from the owner of fuch flave, {hall forfeit to the informer fifteen {hillings fteriing for each day he {b employs fuch flave over and above the wages agreed to be paid fuch flave for his work. Pro%;:&^ Mgw?V&Jt/?, That the {aid penalty of fifteen (hillings each day fliall not extend to any perfon whole property in Rich flave is difputable.
gf). yJMcZ w&rea; feveral owners of flaves may peimit them to keep canoes, and to breed and raife horfes and neat cattle, and to traffic and barter in feveral parts ofthis province for the particular and peculiar benefit of fuch flaves, by which means they may have not only an opportunity of receiving and concealing ftolen goods, but to plot * 'and confederate together and form confpiracies dangerous to the peace and fafcty of ;" the whole province, ,B<? :V zAovr/org f#f^, That it fhall not be lawful for any flavc Kkcd^""^ (o to buy, fell, trade, traffic, deal or barter for any goods or commodities, (except as . before cxcepted) nor fliall any flave be permitted to keep any boat, pcrriagua or ca
noe, or to raife, breed or keep, for the ule aiid benefit of fuch flave, any horle's,

SLAVES AND PATROLS.

437,

mares, and neat cattle, under pain of forfeiting all goods and commodities which fliall
be to bought, fold, trafficked, traded, dealt or bartered for by any Have, and of all the boats,-pcrriaguas, canoes, horfes or cattle which any {lave fliall keep, raife or
breed for the peculiar ufe, benefit and profit of fuch flave; and it fhall and may be lawful for any perfon or perfbns whatfoever to feize, and take away ffom any ffavc, all fuch goods, commodities, boats, perriaguas, canoes, horfes, mares or neat cattle, and to deliver the fame to any juftice of the peace nearcft to the place where the feizure (hall be made; and fuch juftice fhall take the oath of fuch perfon who fhall make any fuch feizure, concerning the manner offeizing and taking the fame, and if the faid juftice fliall be fatisfied that Inch feizure hath been made according to the direc tions of this acl, he fhall pronounce and declare the goods fo feized as aforefaid, to be forfeited, and (hall order the fame to be fold at public outcry, and the monies arifing from fuch fale fliall be difpofed of and applied as is herein after dire&ed. ProM- pr^. M a/tuays, That if any goods fhall be feized, which comes to thepofleHion of any flave by theft, finding, or otherwile without the knowledge, privity, confent, or con nivance of the peribn who have a right to the property or lawful cuftody of any fuch goods, the fame fliall be reftored on fuch perfbns making oath before any juftice as Tnb rton^ ar/orefa' id, who is hereby empowered to adi mm i-lnter irnch] oat<nto thi e ei(Tr*ecntormt he1 MitoTMthc-osvncrm following words: " L J. ^. do fincerely fwear that I have a juft and lawful right ^^ or title to certain goods feized and taken by C. D. out of the poffefTion of a flave na med E. that I did not direQly or indirc&ly permit orfuHer the faid (lave or any oth er flave whatfoever to keep and employ the faid goods for the ufe, benefit or profit of any flave whatfoever, or to fell, barter, or give away the fame, but that the fame goods were in podeOion of the faid flave by theft, finding or othcrwife, or to be kept Zwm ^/z^g for the ufe of JF. F, a free perfon, and not for the ufe or benefit of any Have whatfoever. So help me God." Which oath fhall be taken as the cafe fliall happen. J*rd%!&JaJ/b, That it fhall be lawful for any pcrfon being the owner or Proi. having the care and government of any flave who refides or is ufually employed in any part of this province, without the limits of any town, to give liccnfeor permifRon to fell, exchange, or barter in Savannah or clfewherc within this province, the goods or commodities of the owner or other perfon having the care and government of fuch flave. ^ro^W^, That in fuch licenfe or permifGon the quantity and quality ofthepm,. goods and commodities with which fuch flave fliall be intruded, be particularly and diftinclly fet down and fpeci&ed, and figned by the owner or other perfon having the care or government of fuch flave, or by fome other perfon by his or their order and direction.
g6. And as it is abfblutcly neceffary to the fafety of this province, that all due care be taken to "eftrain the wandering and meeting of negroes and other flavcs at all times, and more efpecialty on Saturday nights, Sundays and other holy days, and their ufing and carrying mifchievous and dangerous weapons, or ufing and keeping of drums, horns or other loud instruments, which may call together or give fign or notice to one another of their wicked defigns and intentions, and that all mafters, owners, and others may be enjoined diligently and carefully to prevent the fame, 7?f ;V fMiz^f^, sii?Mfonj That it fhall be lawful for any perfon whomfbever, to apprehend and take up any nc- %2%A" gro or other flave that fhall be found out of the plantation of his or their mafler or 2TMtick!*."of osvneratanytime,efbecially on Saturday nights, Sundays or other holy days, HotM^Sy being on fawful bufinefs and with a ticket from their matter, or not having a white per- "4"'*'"TM"'' fbn with them, and the faid flave or flavesmet or found out of the plantation of his or theirmaftef or mHkrefs though with a lickct, if he orthcy be armed with fuch oAenfive weapons afbrefaid; him or them rodifarm,take up, and whip; and whatfbcver

SLAVES AND PATROLS.
U.T or owner or overfecr fliall permit or fufferhis or their flave or flaves at any time hereafter to beat drums, blow horns, or other loud inftruments, or whofocver fliall fuffer and countenance any public meeting, or feaRing of Rrangc Oaves in their plan tations, fhatl forfeit thirty fhillings Rerling for every fuch offence, upon conviclion or proviso. proof as aforefaid. jVowVM, an information or other fuit be commenced within one month after forfeiture thereof. Bhvwnotto 37- /f'^ ^ z(/)^Aerenai%^, That no Oave or Oaves fhall be permitted to rent or Tcnt,nyhou.^j^ ^y. ^^y(^ room, Roreor plantation on his or her own account, or to be ufed or occupied by any Oave or Oaves; and any perfon or perfons who fhall let or hire any houfe, room or plantation to any Oave or Oaves, or to any free perfon to be oc cupied by any flave or Oaves, every perfon fo offending fhall forfeit and pay to the informer a fum not exceeding twenty pounds. "e%''"^" 3^- ^"^ ^Aer^a; it may be attended.with ill confluences to permit a great number 2-Mw%''TMof flaves to travel together on the high roads without fume white perfon in company |2^'fTM"=with them: J3f ^ ^Aerc/ore maffgff, That no men Oaves exceeding (even in number, fliall hereafter he permitted to travel together in any high road in this province, with out fome white perfon with them; and it Oialf and may be lawful for any perfon or perfons who Oiall fee any men Oaves exceeding feven in number, without fome white perfon with them as aforefaid, travelling or affernbled together ;n any high road, to apprehend all and every fuch Oaves, and may whip them, noLexceeding twenty lafli? es, on the bare back,
30.. /^(Z tuAfrMi the having Oaves taught to read or fuffcring them to be Fcnaityonpcr-employed in writing, may be attended with great inconveniences: ^g ;V ^re/ore %cfw%c. eMd^g(, That all and every perfon and perfons whatfoever, who fhall hereafter teach*
or caule any Oave or Oaves to be taught to write pr read writing, or Oiall ufe or employ any Oave as a fcribc in any manner of writing whatfoever, every Rich perfon and perfons fhall, for every fuch offence, forfeit the fum of twenty pounds Rerling.
40. J?zj Q.'//g^(Zj the inhabitants pf this province are liable to have their Oaves in veigled, Rolen or carried away, and may receive great prejudice and damage by fuch vcw7k^7 unwarrantable and wicked practices: .Be ^ zAeyg/bre gM^^c(f, That all and every perfon or perfons who Oiall inveigle, Real or carry away any negro or other Oave or Oaves, or fhall hire, aid or counfel any perfon or perfons to inveigle, Real pr carry away as aforefaid, any fuch Oave or Oaves, or that fhall ajd any fqch Oave in running away, or departing from his matter's or employer's fervice, or fhall give a ticket or pafs, whereby fuch Oave fliall depart from the fervice of his or her faid owner, manager or employer, fhall be, and he and they is and arc hereby declared to be guilty of fe lony, and being thereof convicled or attainted, fhall Rand mute, or will not direclly anfwer to the endiclment, or will peremptorily challenge above the number of twen-; ty of the jury, fhall fuRcr death as felons, and be excluded and debarred of the be nefit of clergy. FMnityjnnm. 41. J?icZ & ^j^r^freM^r^, That if any perfon fhall on the Lord's day, comu%^11JabYmonly called Sunday, employ any Oave in any work or labor, (work of abfolutcne. " ""* cefn\y, and the neccffary occaflons of the family only excepted) every perfon fb of? fending fhall forfeit and pay the fum of ten millings for every Oave he, fhe or they fhall focaulc to work or labor.
42 Prefcribes the puniOiment for killing Oaves--repealed by the conRitution, and by an acl inpurfuance thereof. ^"{"vh'SpE- 43" ^^M^r^ plantations fettled with Oaves, without any white man thereon,
be harbors for runaway and fugitive Oaves: jSe %V ^ens/ore emz^M, That no per?'

SERVANTS, NOT SLAVES.'

. 439

fon or perfons hereafter fliall keep any flaves on any plantation or fettlement, with out having a white man on fuch plantation or fettlement, under pain of forfeiting the fum of five pounds fterling for every month which any fuchperfon ftiallfo keep any flaves on any plantation or fettlement, without a white man as aforefaid : and every owner of any plantation or fettlement, for every twenty-five flaves of the age of fix-, teen and upwards, which fuch owner mall have thereon, fliall be, and is hereby obli ged to retain and keep in his or her fervice on fuch plantation or fettlement, one white man, capable of bearing arms, under the pain of forfeiting five pounds per month for every white man wanting thereon.
44. And be it further enaffed, That if any perfon fhall be at any time fued for personsswciiFoi putting in execution any of the powers contained in this aft, fuch perfon fhall and T&TMynf>&a may plead the general iffue, and give the fpecial matter and this aft in evidence; and ue."emj'1 * if the plaintiff bVa non-fuit, -or a verdift pafs for the defendant, or if the plaintiff difcontinue hisaftion, or enter a noli profequi, or if upon demurrer judgment be given for the defendant, every fuch defendant Jhall have his full colls.
45. And be it further enabled. That this aft, and all the claufes therein contained, TMstj* dtom^t fliall be conftrued moft largely and beneficial for the promoting and carrying into ^j^ff execution this aft; and for the encouragement and juftification of all perfons to be jjjjj^ illto ef" employed in the execution thereof;'and that no record, warrant, precept or commitment, to be made by virtue of this aft, or the proceedings thereupon, fhall be reverfed, avoided, or any wife impeached by reafon of any default in form.
46. And be it enaffed, That all fines, penalties and forfeitures impofed or infiifted blTcc^aV by this aft, which are not hereby particularly difpofed of, or the manner of the re- a*>rhal covery direfted, fliall, if not exceeding the value of eight pounds fterling, be recov ered as is direfted in and by an aft for the more eafy and fpeedy recovery of fmall debts and damages, in the parifh where fuch offence fhall be committed, and in cafe fuch fine, penalty or forfeiture, fhall exceed the fum of eight pounds fterling, the fame fhall be recovered by aftion of debt, bill, plaint or information in the gene ral court of this province^ and all the faid fines, penalties and forfeitures, which fhall be recovered by this aft, and are not before particularly difpofed of, fhall be one half to his majefty, his heirs and fucceffors, and to be paid to the treafurer, to be applied in aid of the general tax, towards paying for fuch flaves as are executed by virtue of this aft, and the other half to the informer or informers.
47. And be itfurther enaffied, That his majefly's part of the fines, penalties and forfeit- fines! &?V-e ures, which fhall be recovered by virtue of this a6t, fhall be paid into the hands of the j uf- pIKfahauoe tices, or in the court where the fame fliall be recovered, who fhall make a memorial or record of the fame, to the treafurer of this province, from the faid court of juf. tices, who fhall receive his majefty's part of fuch fines and forfeitures : which memo rial fhall be a charge on the judges or jultices refpeftively to whom the fame fhall be paid, and the treafurer of this province for the time being fhall, and may, and he is here by authorized and empowered to levy and recover the fame by warrant of diftrefs and Tale of the goods and chattels of the faid judges or juftices refpeftively, who fliall be charged with the fame in cafe they or any of them fhall neglect or refufeto make fuch memorial or record as aforefaid, or fend fuch tranfcript thereof as is before direfted, or fhall neglect, or refuie to pay the fame over to the treafurer within thirty days af ter the receipt of the fame..
48. And be itfurther enabled, That this aft fhall be deemed a public aft, and fh all Thiaa, a rubbe taken notice of without pleading the fame, before all judges, juflices, m and courts within this province,

440

SLAVES, IMPORTATION OF.

continuation. ^ j rig fa itjurt/lgr mailed, That this aft fliall continue and be in' force'for and during the term of five years, and from thence to the end of the then next feiliou of the General Affembly, and no longer.
TMit forcnc0tiu 50- And be itfurther enatted, That neither this aft, nor any part andclaufe thereof, SKajSiy. by fliall be of any force or effect, but the fame is wholly fulpcnded, until his moft facred
majefty's royal approbation and allowance thereof {hall be fignified to the governor and commander in chief of this province for the time being, any thing therein before contained to the cQiitrary thereof in any wife notwithstanding,
By order of the Commons Houfe of Affembly, N. W. JONES, Speaker.
By order of the Upper Houfe. , JAMES HA,BERSHAMj Prejident,
Council Chamber, May 10, 1770.
Affented to.
''JAMES WRIGHT,

SLAVES.
An att to-prohibit the further importation of fiaves into this /late,
pa-amble-, i. "^nSTTTHEREAS a praftice hath hitherto prevailed of importing great numbers % y of flaves into this ftate for fale, from Africa and el few here, which is not
confident with the principles of benevolence and humanity, or confonant with the true i^pS'aft^intereft and profperity of the ftate : lie it therefore enabled by the Senate and Houfe of ix months, Jteprcfentatives of the flate of Georgia in General Affembty met, and by the authority of
the fame. That fix months after the paffing of this act, it ihall be unlawful 'for.any perfon or perfons ;' to import into this ftate, from Africa pr elfcwnere, any negro or ne groes of any age or fex, or t,o make fale or other difpofition of them by themfelves, their agents or attornies, to the inhabitants of this ftate; and fuch perfon or perfons fo offending, fliall, for the firft offence, forfeit and pay the Turn of one thoufand dolr lars, for every fuch negro fo imported, fold or otherwife difpofed of; and for every fubfequent offence, the fum of one thoufand dollars, to be recovered by bill, p'fe.iiifor endictrnent, in the fuperior court .of the county where the offence (hall happen, one. half to the ufe of any informer, who mall profecute the qffender to conviction, and the other half to the ufe of the ftate. iHoughht from ?' And be it further ena&ed by the authority aforefaids That three months from sai^aftertec ar>d after tne paffing of this aft, if any perfon or perfons mall bring into this ftate, nontiii. from any other ftate in the United States, any mulatto, muftizoe or negro flave or flaves, of any age or fex, or make fale or other'difpofition thereof to any of the inhabi tants of this ftate, all and every perfon and perfons fo offending, fliall forfeit and pay for the firft offence the fum of five hundred dollars, and for the Tecond, and every iubfequent offence, one thoufand dollars, for every mulatto, muftizoe, or negro flave fo brought into this ftate^ fold or otherwife difpofed of, to be recovered in the fuperior court of the county where the offence {hall happen, by bill, plaint or endiftment, one half to the ufe .of any informer, who fliall profecute the offender to convition s thg other half to the ufe of the itate.

SLAVE'S IMPORTATION OF,

441

*>. And to prevent any evafion, or conftruQiion contrary to the true intendment of rwwnscon-

this aft, Be it enabled, lhat wherever it fhall appear to the fatisfaftion of a court i'VslaM!n"*

and iury, that th, is f,,tatc, wi thi

any perfon or perfons have aftually brought a view or i ntenti on ori- maki ing iralie ofX thi e trame,

fuch flave or flaves into and11he or th1 ey ibe $iuily

a'viewto'aTu,s*ubfifeea to the

convifted thereof, fuch perfon or perfons fhall be fubjeft to the fame penalties, as in 8'1*'

cafes where the importation and fale, or other difpofition fhall have been made; and

the aft of bringing them into this ftate with fuch intention, and the al of making

Iale or other difpofition of them, fhall be feverally confidered and taken as a con-

fummation of the offence herein prohibited, and bepunifhable in the county where

cither aft fhall be committed.: Provided always neverihelefs, That nothing in this aft prvi.

fhall be conftrued to prevent any perfon removing into this ftate from either of the

United States, and becoming a citizen thereof, from bringing with him any number

of ftaves. And nothing herein contained fhall reftrain the fale or other difpofition of

flaves by the citizens of this ftate in their own right, and in the ordinary methods of

transferring that fpecies of property, unlefs it fhall be made appear that fuch prac

tice is intended as a fraud upon this aft, and contrary to the true intent and meaning

thereof: And provided alfo, That from and after the time aforefaid, no perfon what-

ever fiiall bring or caufe to be brought from any of the United States, any flave or

flaves, except fuch who are removing to this ftate, or fuch who have negroes left by

will or otherwife, in any of the United States; that before any fuch {laves be brought

to this ftate, the perfon intending to bring fuch (laves fhall firft make oath before the

court of the county (or juftice of the peace) from which he is about to remove or

bring fuch flaves, that the flaves he is about to bring to Georgia are his own family

negroes, or fuch as have been aftually left him by will or otherwife, particularly fpe-

cifying the name, number and fex of fuch negroes, that a certificate, together with

the feal of the laid county annexed, fhall be by fuch perfon produced to a juftice of

the peace, after corning into this ftate; that fuch juftice is hereby required to give fuch

perfon a certificate of the fame, which fhall entitle him to pal's to the county in which

he refides or is moving to; and within twenty days after his arriving in fuch county,

fhall go to the clerk of the fuperior court, and there make oath, that the negroes he

has brought with him are the fame comprehended in the certificate aforefaid, which

certificate and oath fhall be filed of record in fuch office.

DAVID MERI WETHER, Speaker of the Hoitfe of Reprefeiitatives*

DAVID EMANUEL, Prefident of tke Senate,

Affented to January 31, 1798.

JAMES'JACKSON, Governor.

An aft fupplementary to an affi., entitled u An al for ordering and governing Ma within this Jlate (then province) pajfed loth day of May, 1770, andjor ejtablij/iing a jurifdiftionfor the trial of offences committed by juch Jiavcs and other perfons there in 'mentioned and to prevent the inveigling and carrying aivay JlavesJ'rom their maf-
* ier'$) owners, or employer's^ andjor repealing fuch laws or claufes oj laws as militate again/I the Jame.
1. \ 7S 7HEREAS many perfons purchafe provifions and other commodities from V V flaves;, by which the owners of fuch flaves are and may continue to be great 3K '

442

NEGROES, FREE, IMPORTATION OF.

persons purcha- fuffcrers mould fuch pernicious practices continue: Be it therefore enaBed^ That from

&cE of nekS and immediately after the paffing of this aft, any perfon or perfons whatfoever, who fhall

rt'SforrSt purchafe from, or fell to, for money, or barter with any (lave or (laves for any fort of

dills'.1"1 m corn, rice, cotton, or other commodities whatsoever, unlefs fuch (lave or (laves (hall pro

duce a ticket defcribing the article and quantity permitted to be fold, from his, her or their

employer, owner or manager, allowing fuch (lave or flaves to difpofe of fuch mon

ey, or purchafe or fell fuch provision or commodity, fhall, upon conviflion before

any court having competent jurifdiciion thereof, in the county where fuch offence

fhall be committed, forfeit the Cum of three hundred dollars, to be applied one half

Hov.and:

recovered

to

the

ufe

of

the

county,

and the other half to

the

informer,

and

(hall find

fuffi-

cient fecurity for his, her or their good behaviour for twelve months; and in cafe of

orbeimpri- refufal or inability to pay fuch penalty, or find fuch fecurity, then and in fuch cafe,

*'iatus.r thvee ne> me or tney? m all be by the (aid court committed to the neareft common jail,

there to be and remain for and during the (pace of three months, and to pay all law

ful cods and charges attending the fame.

DAVID MERIWETHER,' Speaker of the Houfe of Reprefentutivts.

DAVID EMANUEL, Preftdent of the Senate,

A Rented to December 6, 1799.

JAMES JACKSON r Governor.

NEGROES, FREE, IMPORTATION OF.
An act to prevent the -importation of negroes into this flate from the places herein men-** lioned,
i
ift Seftion refpefts the importation of negroes--re-enacted by the conftitution. 2. And be it further enabled. That all free negroes, mulattoes or muftfzoes, who TinreteTptSersfoSfttseo' f atanv ti. me a 'pter lt'ie P amn~-n g iftth'is acot mn al1l1 come i nto thi is fnt ate, mit ali1l, -w'itim- n ' t>hi rty
|coiidu fjays after their arrival, enrol him, her or themfelves in the clerk's office of the county'
wherein they re lids; and within (ix months thereafter procure a certificate of two or
more magistrates of the county certified by the clerk thereof with the fea! of
the county annexed, of his, her or their honefty and induftry, to entitle them to the privileges of refidence in this ftate ; and in failure of fuch enrolment, or neg
left of procuring fuch certificate, he, fhe or they, (hall be fubjeft to be taken up and committed to the neareft jail, for a term not exceeding three months, or until
he, fhe or they, fhall give fecurity, by two freeholders, for his, her or their prifon fees, and future induitrious and honeft behaviour. |ojyTMr*avS 3. And be it further enatted That from and after the paffing of this aft, the ftate fhall te^nyexeui .^ ^ jnftance be anfwerable for, or liable to pay the owner any confideration what ever for any negro flave or flaves who may fuffer death.by the laws of this (late. Expencesta 4. And be it further enaBed by the authority aforefaid, That all expences and fees,, ?bveshowgw .chargeable by any of the public officers, for profecuting any negro (lave or (laves,. ipsgaia. convitied of any crime not capital, againft the laws of this ftate, (hall be paid by the owner or owners of fuch (la\ e or (laves. But in all cafes where any (lave fhall be conviftedof any crime whereby he, fhe or they, may fuffer death } the expences attending.

SLAVES, MURDER OR

443

the trial and execution of fuch (lave or Haves, fhall be paid by the county where they .(hall be executed.
WILLIAM GIBBON'S, Speaker of the Houfe of Refrefentatives, BENJAMIN TALIAFERRO, Prefident of the Senate.
December 19, 1793. GEORGE MATHEWS, Governor,.

SLAVES, MURDER OF,
J.n aft td Cdrry into effeSl the twelfth fetfion of the fourth article of the
E IT ENACTED, That if any perfon or perfons whofoever, fliall be char ged with the offence of wilfully and maliciouily difmembering or maiming tcranySeT shy .(lave or (laves, he, (he or they, fhall be profecuted by endiclment exhibited aSd'SSl* acrainft him, her or them, in the fuperior court of the county within which fuch of'-Mra'stnuSi fence may have been committed;, in the fame manner as if the like offence had beenpSm." 1 committed on a free white perfon; and the farpe mode of trial and rules of evidence fhali obtain; and upon conviQion of any fuch offence, the fame puhimment fhall be inflicted or fine impofed, as by law would enfue, if the like offence or offences bad been committed on a free white perfon, except in cafe of infurrection by fuch flave, and unlefs fuch maiming or difmembering mould happen by accident, in giving fuch '(lave moderate correction. 2. And be it further enaSed^ That if any perfon or perfons whomfoever, fliall Thcfamemo<re maliciouily deprive a (lave or fiave4? of life, he, ihe or they, fo offending, (hal^beairf^mreof profecuted by endiftment in the fuperior court of the county in which fuch o(fence Kit"'?'"ia^ may have been committed, in like manner as if the perfon or perfons charged hacifon. perpetrated a like offence on any free white perfon or perfons whomfoever and on all fuch trials the fame rules of law and evidence (hall obtain, as on other trials for mur der. And if upon trial for fuch offence, any perfon or perfons fliall be found guilty of murder, he, (he or they<> fhall fuller fuch punifhment as would be inflicted in cafe the like offence had been committed on a free white perfon, that is to fay, fhali be hanged, without the benefit of clergy; and if found guilty of manflaughter, fhall be punidied by branding, in like manner as is ufual in cafes where any perfon or per fons is or are convicted of manflaughter, committed on a free white perfon or per fons, except in cafe of infurrection by fuch (lave, and unlefs fuch death mould hap pen by accident in giving fuch flave moderate correction. 3. And be it further enafled, That in all profecutions for offences of this nature, amiam committed by any white perfon or perfons upon any flave or (laves, it fhall be theiiowto! duty of the folicitor or attorney general preferring and profecuting fuch endiciment or enclitlments, to charge the offence or offences to be contrary to the confiitution and act of the General Affembly of this (late, in fuch cafe made and provided. And the judge or judges prefiding on the trial or trials of fuch offender or offend ers, fliall be bound, upon conviction by a jury, to pronounce fentence in like,man-re; tecr as if the like offence had been committed on a free white perfon ; fo thai fuch of-

44i

STAGE CARRIAGES,

fender or offenders may be punifhed according to the true intent and meaning of
the twelfth feQion of the fourth articte of the con dilution, and of this law. DAVID MERI WETHER, Speaker of the Houfe of Refr DAVID EMANUEL, Prejidtnt of tht Senate,
Aflented to December 2, 1799; JAMES JACKSON, Governor.

STAGE CARRIAGES.
An all to fecure to Nathaniel Twining, Thomas Dams and Jofeph Grant, for tie term of ten years, the fole and exclujive right of running a line of Jlage carriages between the. city of Savannah and town of Augufta,
IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in General Ajffembly met, and by the authority of the fame, That w. Nathaniel Twining, Thomas Davis and Jofeph Grant, their heirs and affigns, mail " have the fole and exclufive right, of running a line of ftage carriages, for the con veyance of paflengers and their baggage, between the city of Savannah and town of Augufta in this ftate, for the term of ten years, to commence on the firft day of Oftober, which will be in the year of our Lord one thoufand feven hundred and ninety-fix. ity n per- ' 2. And be it enabled, That if any perfon or perfons fhall within the faid term prefume to run any ftage carriage or carriages in any manner for fare or hire between the places aforefaid, without the confent or concurrence of the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, under their hands and feals firft obtain ed; every fuch perfon or perfons fo offending, {hall forfeit and pay to the faid Na thaniel Twining, Thomas Davis and Jofeph Grant, their heirs and affigns, double the amount of the fum demanded or received by the faid perfon or perfons for the carriage or conveyance of any perfon or perfons to or from any part or place wiihin the limits of the faid city of Savannah and town of Augufta comprehending all the different routes between the fame ; to be recovered by the faid Nathaniel Twining,, Thomas Davis and Jofeph Grant, or their legal reprefentatives, by aftion of debt before any magiftrate or court having cognizance thereof: Provided neverthelefs? That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, fhall, within the term of one year from the paffing of this ad, commence and put in pra6tice the running the faid line of ftage carriages, and continue the fame at lealt once every week between the places, and to the end of the time or term aforefaid: Provided? That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, do give' bond of one thoufand po.unds, with good and fufficient fecurity, to his excellency the go~ vernor, for the running of ftages for the aforefaid term. 3. And be itfurther enabled, That the act paffed at Augufta, in the year one thouaid MS fand feven hundred and ninety-three, vefting, on certain conditions, in William Thompfon and Thomas M'Callthe fole and exclufive right of running a line of ftage fearriages between the city of Savannah and town of Augufta, not being carried into

, TAVERN LICENSES.

44S

effeft on the part of the faid William Thompfon and Thomas M'Call, the fame

fhall be and is hereby repealed.

*

THOMAS STEVENS, Speaker of the Houfe of Reprefent'atives.

BEMJAMIN TALIAFERRO, Prejident of the Senate.

Concurred, February 12, 1796.

JARED IRWINj Governor.

TAVERN LICENSES.
An actfor regulating taverns and reducing the rates of tavern licenfe.
i.TQE IT ENACTED by the Senate and Houfe of Reprefentatives ofthejlate of jO Georgia in General Affembly met. That from and after the paffing of this acl, J^"6TM,"'
any perfon or perfons wifhing to keep a tavern or houfe of entertainment, fhall peti- t^nXg''t;mb~ tion thejuftices of the inferior court, held for the county where fuch petitioner re-j^Tty.0"** fides, and the court to whom fuch petition fhall be exhibited, fhall thereupon confider the convenience of fuch place intended for a tavern, and having regard to the ability of fuch petitioner to keep good and fufficient accommodations for tra vellers, their horfes and attendants, may at their difcretion grant a licenfe to fuch perfon or perfons for the term of one year next enfuing the date of fuch licenfe/ and from thence to the next inferior court held for the faid county and no longer, which licenfe upon petition may be renewed from year to year if the court think proper ; .Provided always, That before iffuing fuch licenfe the court fliall caufe the petitioner provisos to enter into bond with fufficient fecurity to be approved of by the court in the fum of fifty pounds, conditioned for their keeping an orderly and decent houfe, with good and fufficient accommodations for travellers, their horfes and attendants ; which bond fhall be filed in the clerk's office, and fubjeQ. to be put in fuit upon any breach thereof.
2. And be it further enafted, That thejuftices of every inferior county court at Tavern nut the firft term in every year, mall fix and eftablifh the rates and prices to be paid at the 1^0?*.. taverns for .liquors, diet, lodging, provender, ftabling and pafturage; and every fo"re3*jf. tavern keeper, {hall within one month after the rates fo eftablifbed, obtain of the clerk of the faid court a fare table of fuch rates, which Ihall be openly fet up in the public entertaining room in every tavern, and there kept throughout the year, until the rates mail be fixed or altered again by the court, and then a copy thereof mall be again fo obtained and kept from time to time, under a penalty often pounds, on eve ry tavern keeper failing fo to do; and if any tavern keeper mall demand and receive any greater price for any liquor, diet, lodging, provender, ftabling or pafturage than by fuch rate {hall be allowed, he, {he or they, fo offending fhall forfeit and pay the fum of two pounds over and above the fum extorted for every fuch offence to the informer recoverable with coft before any juftice of the peace in the county where fuch tavern fhall be.
3. And beitfurther enatted, That if any perfon fhall prefume to keep a tippling Peruity for houfe or retail liquors, or fell by retail any wine, beer, cider, brandy, rum, or other S>l,wm'09 fpirits or any mixture of fuch liquors in any houfe, booth, arbour, ftall or other place whatsoever without licenfe firft obtained as aforefaid, he or they, fo offending and being thereof convicted fhall forfeit and pay the fum of .ten pounds, one half to

44<

,

TAVERN LICENCES,

PIWIW; the informer, and the other to the ufec>i the county,. Provided always That nothing herein contained fliall extend to pronfbit any merchant from retailing liquors, not lefs than one quart; nor to prevent any planter or other perfpn from difpofing of fuch brandy, rum, or whiflcy, as they may make from their own grain, orchards, or difti!k> ries, fo that it be not fold in a lefs quantity than one quart, or drank or intended to be drank at the houfe, ftore, or plantation, where the fame fliall be fo fold ; except in the counties of Chatham, Liberty and Effingham, wherein it fliall not be lawful for any merchant to difpofe of any quantity lefs than one gallon.
tavern licenfe 4. And be it further enaffed, That each perio-n petitioning for tavern licenfe as wopeimds. afore fai ci 5 fh a]| p a y for fuch licenfe the fum of two pounds, which the clerk is direc
ted to receive before iigning or renewing the fame ; for licenfe to keep a billiard table* the fum of five pounds; and any perfon prefuming to keep any billiard table with out having obtained a licenfe in the manner herein before directed for obtaining tavern licenfe, fhall be fubjeclto the like penalty as perfons prefuming to keep tavern with out having obtained licenfe.
TFoimetacis , 5. And be. it farther enacted, That all ats heretofore made refpefcling any thing within the purview of this aft, mall be, and the fame are hereby repealed: Provided
I'xclpun cor- 'alwaySi That the corporation of the city of Savannah and Augufta {ball have the rorate towns, fole regulation and power of governing and directing taverns and granting licenies^.
within their ieveral jurifdiQions.
' WILLIAM GIBBONS, Speaker ofthe Iloufe of Rcprefcntativts, N. BROWNSON, Prejident of the Senate*
Concurred December 24, 1791.
EDWARD TELFAIR, Governor. * See tax ad of 1800, fedl. 2

An al for the better regulating of taverns, and for^ejlablifliing a fund for building an^ keeping in repair the c'jurt-houfes and jails in the counties of thisflatt,

.(fcmmisiioncra i, 2, Repealed by aft of 241)1 December, 1791.

Lu^aa'd jaiis o. And be it further enacted* That the iudaes of the fuperior court in each coun* tcooubretsapspuor'ien'tIeodr ty ?f,hal,,l, as of,.teJn as thi e-y thi i nki proper, appoi; nt thi ree or more d,-i,f-creet pers,-ons to ibe

commiffioners of the jail and court-houfe, which faid commiffioners, or one of them s

fronfuc'enS, fhall receive the monies* arifing from licenfes in their refpeBive counties, fines of de~

pitedtobnua faulting jurors, fines impofed by the court, and the forfeiture of recognizances, to be

ihowrae. a {-un(j fa ap ar t j n each county, under the direclion of the judges, for building and

1 repairing the jail, coUrt-houfe, pillory and Hocks, and'for the fupport of prifoners;

to.'mt'cach^" an d the faid commiffioners fhall exhibit their accounts on the firft day of each term

UTMJ*il:h tUe to the judges, dating in a clear and precife manner all the money by them received 9

from whom and for what, asalfo all the monies paid by them, to whom and for what

purpol'e, which faid account, if approved of, fhail be lodged in the clerk's office fo.f

the free inspection of the inhabitants.

NATHAN BROWNSON,

Augufta, February i,, 1788.

. .

* All of tliis adl, except .the application of fines, &e repealers

TAX,

447

An aft for impofing a tax on the inhabitants of the ftate of Georgiafor the ufc and fupport of the government thereoffrom the firjl day of January to the. thirty-firjl'day of December, in thcyear one. thoufand feven hundred and eighty-three.

W HEREAS it is expedient that a fum fhould be raifcd for the purpofe of defray- n-eambjc, . irig the contingent expences of this ftate, and paying the feveral officers there

of their refpeftive falaries due from thefirft day of January iaft, to the thirty -fir ft day

of December following.

1. Be it therefore enatfed, by the representatives of the freemen of this ftate in Gene

ral A trembly met, and it is hereby enabled by the authority of the fame, That a tax be

railed on the property of the inhabitants of this ftate, in manner ay herein after di- _

reeled, That is to fay, on every hundred acres of land, the fum of one quarter ai?axncEru"!k

of a dollar, on every negro, mulatto or other {lave, one quarter of a dollar; on

every town lot, one quarter dollar; on every free negro, mulatto or rnuftizoe, one

dollar j on every male inhabitant of the age of twenty-one years., who does not fol

low fome lawful profeffion or mechanical trade, or'who does not cultivate or cauie

to be cultivated live acres of land, two dollars.

2. And be it further enacted by the authority aforefaid, That all and every perfon A iistcftixai,ic

and perfons, who have any eft ate or iutereli in any lands, or negroes within this j^ffi^'u'e

ftate, (hall on or before the thirtieth day of November next after the paffing ofSJlif"roil>

this aft, tender a particular account in writing upon oath, (or affirmation if aqua-

ker) to the beit of his, her or their knowledge, unto the collector of the leve-

raldiftricts, where he, {he or they, {hall refpeftively refide, of all lands, town lots

and negroes, whereof he, {he or they, is or are feized or pofieffed or inteveftedin,

liable by this aft, to the rates and taxes aforefaid at fuch time and place as the collec

tors herein after named {hail direft and appoint, who are hereby required to give at

leaft thirty days'notice thereof by public advertifement in their refpeftivc diftricts,

fpecifying the feveral rates aforefaid. And all and every the faid perfon and

perfons fo giving an account as aforefaid, {hall at the fame lime pay to the faid Ta.xtobelMkl

collectors the feveral Turns and taxes due from him, her or them thereupon, as by 1"^TM^

this aft is rated.

' P"*^

. 3. And be it further enacled by the authority aforefaid, That the faid collectors re- Co^.TM ^J1

fpeciively {hall and they are hereby required to adraimiter the oath following to all and o'ia"tobeta-

every perlron and1 pen<o ns at thI e time orf recei ving ihis, hi er or their account h- rint enter- ekje.TM" 1b^y 1l1'e'r11s"111'3

ing fuch accounts in the lift or fchedule agreeable to the form to this act annexed,

whereto the perfons fo paying their tax {hall refpectively fubfcribe their names in the

column of the faid fchedule for this purpofe aliigned : " I, A. B. do folemnly {'wear sorm

(or affirm as the cafe may be) in the pretence of Almighty God that the account now

given by me and delivered to the collectors of the public tax doth, contain a juft, true

and particular account of all the lands, negroes, and town lots by me pofieffed, in-

terefted in, or entitled to, either in my own right, or as attorney, guardian, execu

tor or adminiftrator, or truftee, to any other perfon or perfons \vhatfoever. So help

me God."

4. And be it further enaSed by the authority aforefaid, That in cafe any perfon or Tax toi

perfons who {hall give an account of their lands, town lots and {laves as herein before ^

required, and {hall not at the fame time pay the tax thereupon due from him her or m^

them as herein before direfted, or within twenty days after fuch account by him, her

or them fo given, that then it (hall and may be lawful to and for the feveral collectors,

44*

'

TAX.

they ate hereby refpcctively required to eaufe the fame to be levied as herein af ter mentioned.
foySuweUK 5- dndbe it farther enaSed by the authority aforefaid, That if any perfon or perSnot'gire'ia ^ons whatfoevcr fhall neglect or refufe to give an account of their refpective" lands, sfeir returns. town lots, and negroes as aforefaid, at the time and in the manner as by this aft is here
in before directed, the collectors refpectively and either of them, fhall and they are hereby feverally authorized and required within twenty days after the faid thirtieth day of November to rate anil aifefs every fuch defaulter or defaulters double the tax herein and hereby impofed, And to prevent free raulattoes from evading the payment of styiatttcu the tax,
6. JBe it further tnatted by the authority aforefaid, That every fuch perfon, who (hall be reputed a mulatto fhall be aflefled as fuch, unlefs he or (he can prove the contrary. G3dsnd 7. And be it further enaSled by the authority aforefaid, That the feveral rates and widSid "fault! taxes hereby rated and impofed fhall be levied on the goods and chattels of the de wraen . jr-g^]^ Qr defaulters, by warrant under the hand and feal of the collector or collec tors of the county wherein fuch defaulter or defaulters mall refide, to be directed to any conftableor conftables thereof, requiring him or them to levy the fame by diftref* and fale of the defaulter or defaulters goods and chattels, returning him or them the ^s**ie^fecoverplus, if any after deduSing the charges following, viz, for ferving every warrant or execution one milling, and one fhilling in the pound for every pound levied, and twopence per mile, to be computed from the dwelling houfe of the conftable, levying the fame ; to the place of refidence of any fuch defaulter or defaulters : And the vor!SaWM- co''ec^ors refpectively (hall and may take one fhilling and fixpence for every fuch coiwubiesto warrant ; and every conn1 able refilling or neglecting to execute fuch warrant, or neg~ j^ndVfMre* letting or refuting to.; pay over the money fo levied, to the collector or collectors feU^cS within three days from the receiptthereof, fhall for every offence forfeit and pay orh?im"?taw the fum of twenty pounds, to be recovered by warrant of diftrefs of any juftice of iwyitM the peace where the offence fhall be committed, on due proof thereof made before him by, any collector or collectors; and in cafe no goods or chattels of fuch offender fhall be found whereon the faid diftrefs may be levied, the'n it fhallnd may be lawful for fufch jufticeof thq peace to commit fuch offender to the neareft ammon jail, there to retoain for the fpa-c'e of three months, or until the faid fura of twenty pounds for gach ioffence neglect or refufal be fatisfied.
(Meftert a?. 8. And be itfurther enaBed by the authority aforefaid, That the feveral perfons here.t*niit4. ,-.:&! jn afj ey narne(i fhall be, and they are hereby appointed cllettors for the leveral coun
ties herein after mentioned refpectively, that is to fay, for the county of Chatham, Edward Lloyed, for the county of Effingham, Theophilus Sundy, for the county of Burke, Alexander Irwin, for the county of Richmond, Lewis Gardner, for the coun ty of Wilkes, Richard Avcock, and for the counties of Liberty, Glynn, and Cam-
den, John Elliot, which faid collectors refpectively fhall before their entering upon
wiosMitake their office take the oath following before any juftice of the peace, that is to fay : " L, 3ti> owms A. E. do folemnly fwear that I will well and faithfully according to the beft of my
knowledge and ability (and fo that the public tax fhall fuftain no lofs or damage from any wilful neglect of mine,) obferve, execute, and perform the feveral matters and things required of me to be done, and performed in and by an act of the General Affembly of this ftate, entitled " An act for impofing a tax on the inhabitants of the ftate of Georgia, for the ufe and fupport of the government thereof, from the firft day of January to the thirty-fidt day of December., in the year one thoufand ft-

TAX,
Ven hundred and eighty-three, according to the true intent and meaning thereof. So help me God."
p. J^jwAgred.?, There are fundry tracls of land, and negroes, the proprietor* thereof are not rcOdents of this Rate, .Be ^yr<Vier a#gj ^ ^Ae a^on'(y a/b?-g/azc!, That all attornies, truftees, executors, andadminiftrators, or other perfbiis any wifeAtfprniM, concerned for abfentees, fhall make due return to the collectors of the counties, ref-Kn^y peCtively where they fhall refide, of the eftateand effeGsthey fliall fo poflefs, orbein-^tiuc tereftedin, as attornies, guardians, truftees, executors oradminiftrators, or otherwise, and fliall and they are hereby made liable to the payment of the rates and taxes affeffed and impofed by this acl, out of their own eftates and efrecls in manner as here in before mentioned,unlefsfiich attorney or attornies, guardian or guardians, truRee^outaa or (ruftees, fliall make oath before the collectors or one of them, that he has renounced ^^ his power and attorney fhip before the tax became due, and without any intent to evade ^f "'= the payment thereof, and every fuch attorney or attornies, guardian or guardians, truftce or truftees, executors and adminiftrators, fhall and may deducl the tax he, {he or they, fhall fb pay out of the effccls of the absentee, in his, her or their hands, and in cafe of no fuch effe6ts, every payment fhall and is hereby made a debt and charge upon the lands and chattels of every fuch abfentee, his heirs and afligns, and fhall and may accordingly be recovered at any time afterwards by the perfpn or perfbns paying thd fame, his, her or their executors or administrators, in any court of record within this
Rate.
10. ,dmf?uAer(d;, The public tax hath been evaded by perfbns fettled on or near the banks of Savannah River, that hold or poflefs lands, on the oppofite fide thereof, in the ftate of South-Carolina, by removing their flaves from this ftate, at the time of collecting the tax, for remedy whereof. J3e (^ /Mr^Aer g?iaZM ^y ^c d%//io)-^ a/brgy^fW, That all a"hd every fuch perfbn or perfbns fb holding lands in both Rates at the^TM^' time of giving an account of his, her or their lands and eftates, to the colleclorsax^.^*' herein before required, fhall produce to fuch colleclor or collectors, a receipt or cer-^'-% tificatc from the cplleclqr or colleclors of tax in South-Carolina, of the number of"^% flaves for which tax fhall have been paid by him, her or them, for the prefcnt year; ^22 or othcrwife fhall make oath before the Colleclor or collectors aforefaid, to the follow- th^y^f ing effe&, which they are hereby authorized and required to adminifter, viz. " ThatlnR^k^" he, fhe or they, hath or have paid the public tax in the ftate of South-Carolina for the prefent year, for all his her or their flaves, other than fuch as are contained in the ac count now delivered to the colleclor or collectors as aforefaid, purfuant to the direc tions of this acl." And all and every perfbn and perfbns who mail refufe to produce fuch receipt, or certificate, or to make oath as aforefaid, fhall be liable to pay tax for the wholenumber of his, her or their flaves, and the faid colleclor or collectors fhall in o,wrnt default of payment iffue warrants of execution for the fame as herein before dhccled. 0%^'" .'11. *4^^^/^AfyM^<?^ ^y^ga^/zoM(y(Z/br(/a^ That the faid collectors rcfpeclively fhali on or before the thirty^firft day of December next after the pafRngwiciLta. of this acl, or within ten days after, clofe their accounts, and deliver the fame in per- ^^y fbn, together with the tax lift aforefaid, and alfb an account of the lands held by abfcn- 'cmLc teesorperlrons not refri-dlents i" n thI eir'fr evei ral counties unto thI e pub11li-c treafr urer r o, f - this"H"i?e -public Rate, and at the fame time fhall pay unto him, all fuch monies, as by them or either of them fhall have been refpe&ively received in purfuance of this acl, after deducling for commiflionsatthcrate ofonefhillingifbr everypound,and at the rate of fixpcnceperTheirM mile for every mile they refide diftant from Savannah, or where the treafurer fhall refide,'""""'"' '

453

'

TAX.

and the faid collectors refpectively fliall fign the tax lift by them delivered, and at the

fame time upon oath fliall deliver to the treafurer an account of their own lands, Haves,

andeftates, in like manner as by this act is required of others to be given to them, and

Tiieirpropeityfhall pay the t axes for the fame accordingly, in default whereof, the fame fhall and may

*cvlcdonby0thc be a fie fled and levied by the treafurer in manner as aforefaid.

Slcai'sx-c. 12. And be itfurther enabled by the authority aforefaid, That all deeds and convey-

t"iistax--"w ances whatfoever, of any lands, tenements, goods or chattels, by anyperfon orperfons v.Kd fraudulent. wh, atl,o, ever, mad, e 'w. ith,a'n.inten' t to avoidt bI ei ng alIiTenrredi or paying tax tror thi e l/ame as

aforefaid, fliall and are hereby declared to be fraudulent and void to all intents and

purpofes whatfoever.

:

fu'.ftora l10 1 3- ^ n 'l be it further enacted ly the authority aforefaid, That the feveral collectors

S^elfpouS or an V or either of them, who {hall neglect or refufe to do and perform the feveral mat-

to the state. ers }iereby required of them refpectively to bedone within the time p-refcribed by this

EC!, fliall for every fuch neglect-or refufal, forfeit the fum of one hundred pounds for

TO bercrovcr-the fuppot't of go vernmeiH of this ftate, to be fued for and recovered, by the treafurer. cii in the suue- in thi e irupcnor court orr tilns {nlate.

14. And be it enaclcd by the authority aforefaid, That in cafe any collector or col-,

lectors fliall refufe or neglect to give in upon oath to the treafurer ajuft and true ac-

wa^m^the count of all monies received by him or them, or due to this ftate, on account of the tax

S'ni'cvefy herein impofed within their fevera! and refpective counties, by the time herein before1

shaifrc/uMto limited, and alfo a lift of allnon-refidents whole tax has not been paid, and of all de~

r-^timm'one" faulters in the faid counties, that then it fliall and may be lawful for the treafurer,-and

SimVcommit1' he is hereby enjoined under the penalty of one hundred pounds for each neglect or of-

pjieVwuii tiiis" fence, by warrant directed to any conftable for the counties where the collectors may.

refpectively refide, under his hand and leal-to commit fuch collector or collectors to

the molt common jail, there to remain until he or they fliall have rendered upon oath

to the treafurer a full and Satisfactory account, and fliall have paid all fuch fums as

aforefaid by him or them collected, due to this ftate in his or their feveral and refpect

ive diftricts by virtue of this act, and have paid the reafonable charges for fuch com

mitment : And the feveral conftables fo the county or counties wherein fuch col

lector or collectors fliall refide, are hereby required to execute fuch warrant without-

conriabiaieiw-
sin;''to execute

delayJ ,}

and

everyJ

fuchconftabl,erefufins ,,o.r negl, ecting^-*

to

execute

fuch

warrant

or

com-

'toiforfcf7twi.:n- m '1-inent ' fhall, for every offence, forfeit and pay the fum .of twenty pounds, to be

ty pounds, recovered by warrant of diftrefs from any juftice of the peace in the county where

the offence fliall be committed, on a certificate from the treafurer of the manner of

fuch refufal or neglect, and which certificate is hereby declared to be fufficient proof.

And in cafe no goods or chattels of fuch offender may be found whereon the faid

ithrM prison" diftrefs may be levied, then it fliall and may be lawful for fuch juftice of the peace

^wuths. Q cotnm it .fuch offender to the neareft common jail, there to remain for the fpace of

.j-roYiso. three months, or until the {aid fum of twenty pounds {hall be fatisfied. Provided

luverthdefs, That if the faid collector or collectors fhall prove upon oath, to the trea

furer, that they have ufed every means directed by this act, for the recovery of the

tax due by the faid defaulters, and no effects could be found whereupon to levy the

fame, then, and in that.cafe the faid collector or collectors refpectively, fliall not be

liable for or chargeable with the payment of the fums fo due from the defaulters as

fiinfuicfauit- 1 5 1 And be it further enaclcd by the authority aforefaid, That the treafurer fhall

">

and he is hereby empowered and required within ten days after he fhall receive any lift

r lifts of defaulters, to iffue warrants under his hand and Teal again ft each of the de-

TAX..

Faulters for fucb amount of taxes as fhall appear by the fa id returns to be due by fucti

defaulters refpeftively, whether the defaulters beTuch for themfelves, or as attornies

or agents for others, or otherwife, excepting as herein before excepted, to be directed

to any lawful conftable or conltables for the counties where fuch defaulter or default-

ers lhallrefide, requiring him or them immediately to levy the fame, by diftrefs and.

fate of the defaulter or defaulters' goods and chattels, returning to the laid defaulter or

defaulters the overplus, if any, after deducing the charges following : for fervjng

every warrant one fhilling, and one {hilling in the pound for every pound fo levied,

and twopence per mile for every mile the conftable fhall go to execute fuch warrant,

to be computed from the dwelling houfe of the conftable to the place where the levy

fhall be made or fold, and the faid treafurer fhall and may take for every fuch war

rant, two Shillings and fburpence ; and every conftable refuting orneglefiing to ex- Tresufi:t>j

ecute fuch warrant, fhall for every fuch offence forfeit and pay the fum of twenty vmMy on the pounds, to be recovered by warrant of dmrels orr- any jufntice orr thl e peace lC or !tne>ecfounBnLintbglctofaueri.

county where fuch offence fhall be committed on his receiving a complaint and

certificate thereof un^er the hand and feal of the faid treafurer : And all juitices ofpen?ityrt-'

the peace are hereby ftriclly required and enjoined under the penalty of fifty pounds justices'

for every refufal or neglecl, to be aiding and aflifting unto the faid treafurer in duly

carrying the directions herein contained into execution ; and in cafe the faid treafur

er fhall neglecl or refufeto iffue fuch warrant or warrants, he fhall forfeit and pay for J

every fuch offence, the fum of one hundred pounds, to be recovered by action of

debt, bill, plaint or information, in any fuperior court within this Rate.

16. And be it further enafted by the authority aforefaid, That in cafe there fhall Coil!.UWcsiMy

not be in any county or counties any conftable who may be thought fufficiently ref- I^IE^

ponfible to execute the duties herein required by any juftice of the peace to whom 110*"

the treafurer may think fit to enclofe his warrant, it fhall and may be lawful for fuch

juftice of the peace to appoint a conftable or conftables for the fpecial purpofe or pur-

pofes herein before directed. And fuch conftable or conftables fhall be entitled to t%

the fame fees, and liable to the fame penalties, as are herein before directed to be ta- ^2'

ken and Tuffered by any county conftable as a fore fa id. And every conftable or con

ftables who fhall receive any taxes by virtue of any warrant or warrants from the

treafurer as aforefaid, is and are hereby ftriclly directed and required within three days

from the receipt thereof to pay over the fame, into the hands of the juftice .to whom

the treafurer mail have enclofed his warrant under the penalty of twenty pounds as

aforefaid, and fuch juftice of the peace perfbnally paying the fame unto the treafurer

fhall for fuch fervice be allowed at the rate of fixpence per mile, travelling charges to j

be computed from the houfe of fuch joftice or juftices to (he town of Savannah, or

where the treafurer may rcGde.

17. y4?z;f zu/tYa; the having a fair and juft account of all the property held within

this ftate, according to the real value thereof, will enable a future legiflatur.e to lay an

equitable tax on the inhabitants of the fame, .gg ^ ^erf/orcj^/vAer ga#^ ^ ^g <z%-

^onYy a/br/atr, That all and every perfbn and perfon^ liable to pay tax under this 4

act, do and fhall at the time he, fhc or they, fhall give in his, or their account or tax.ti%

ables under the prefcnt law, (and all and every other perfbn andperfons within this^

ftate after

having or poffefling mentioned,,either in

or be entitled to, or iiiterefted in, ai;y higher or theirjown right, orotherwife^

of the articles herein *" fliall within the fame**"'

time a is before limited for the aforefaid returns.) Al^b give in to the collectors of

therefpeQive couu.tips where fuch perfon or perlbns refide, a fair and juft account

.on oa^h, ^o the JJe.ft of his, her or their knowledge ^d,bp^f,..f all negro ai^i other

.

-TAX.

Haves, dilUnguiihing thole under the age of ten years, and above the age of fixty, from within thofe periods. Of all lands, and their different qualities, whether on ida rids or on the main, held by grant, warrant, or otherwife, particularly diftinguifhing the quantity and quality under cultivation from that which is otherwife. Of all buil dings and improvements, with the fuppofed value thereof on fuch lands. Of all town lots, or parts of lots with the buildings and improvements thereon, and their fuppofed value,.and if rented out, the rent thereof annually. Of the number of whites, their iexes and ages, in fuch families refpectively. Of all monies at intereft by choice, .ftocks of cattle, horfes, fheep and hogs. Of all veflels, boats, and wheel carriages, of any fort or kind whatsoever held or pofleffed by fuch perfon or pcrfons, or to which he, (he or they, {hall be in any wife entitled,or therein interefted, either in his, her or their own. !?"ao?refu>TM.' rig nt r otherwife. And.any perfon or perfons neglecting or refuting to render and give in fuch account as herein before required within the time for that purpofe limit ed, ihall forfeit and pay for fuch neglect or refufal, the fum of ten pounds, to be recoHOW recovered vered by the laid tax collectors for the county where fuch perfon or perfons refides, and applied in the fame manner as other penalties are by this law directed to be applied. oi"eaor?not'c And the faid collectors are hereby directed and required uncler pain of forfeiting finest "uch for every omiffion the fum of twenty pounds, to recover fuch penalty by war rant under their hands and feals and fale of the offender's goods and chattels if necef-
fary. prS$Med.ap" *8. And be it further enaBed by the authority aforefaid, That the fines and penal
ties by this aft inflicted, not herein before difpofed of, {hall be applied towards the fupport of government of this ftate.
By order of the Houfe. WILLIAM GIBBONS Speaker*.
Augufta, July 31, 1783.

An aclfor impojing a tax on the inhabitants of thejlate of Georgia, and other perfons holding property, real or perfonal therein, for the uje andfupport of the government thereof, from thefirft day of January to the thirty-Jirjl day of December , in the year of our Lord one thoufandjeven hundred and eighty-five.

"HEREAS it is expedient that a fum fhould be raifed for the purpofe of

difcharging the debts of this ftate, and lor defraying the expences of gov

ernment. Be it therefore enacled, by the reprefentaliiies of the freemen of the ftate

Taxonaii ' f Georgia, in general affembly met, and by the authority of the fame, That a tax

tosmv'tfy"^'1 of four {hillings for every one hundred pounds value of all lands within this ftate,

granted to, or furveyed for any perfon, fuch land and the buildings and improve

ments thereon, mail be efHmated.at, {hall be levied on the fame according to the fol

lowing mode, viz.

-. s. d-a

i.ami,ch-sea& All tide fwamp, (including iflandsj cultivated and uncultivated,, of the firft

fe'quaiityf "s quality, Jhall be rated at, per acre,

4 17 6

Ditto of the fecond quality . 3 o o; ditto of the third quality,

i 17 6

pine barren lands adjoining liich fwamp, or contiguous thereto 3 and

.within three iniks of-water carriagej. at

o 15 O

TAX,

453

. s. d. All prime inland fwamp, cultivated and uncultivated, at an average of 376

Ditto of the fecond quality '. i 17 6 ; ditto of the third quality,

o 15 o

Pine barren lands adjoining or contiguous thereto

076

Salt marih at

39

High river fwamp or low grounds (including iflands) cultivated and un

cultivated, including fuch as commonly called fecond low grounds, ly

ing above Abercorn, and as high as the mouth of M'Bean's Creek,

on Savannah River, of the firft quality at

2 12 6

Ditto of the fecond quality i 10 O; ditto of the third quality

O 15 o

High river fwamp or low grounds (including iflands) cultivated and un

cultivated, including fuch as are commonly called lecond low grounds,

lying above M'Bean's Creek, and as high as the mouth of Rae's Creek,

of the firft quality at Ditto of the fecond quality . 2 12 6; ditto of third quality at

3 15 126

High river fwamp (including iflands) cultivated a',d uncultivated from

the mouth of Rae's Creek, to the mouth of Broad River, lying on the

river Savannah of the firft quality at

213

Ditto of the fecond quality . i 2 6 ; ditto of the third quality

076

AH good oak and hickory land (including iflands) cultivated and unculti

vated, from the mouth of Rae's Creek, to the mouth of Broad River,

within one mile of the river Savannah, of the firft quality

o 15 o

Ditto of the fecond quality ".076; dittp of the third quality at

3'9

All good oak and hickory land (including iflands cultivated and unculti

vated, from the mouth of Broad River up. the Savannah River, within

one mile of the fame arid along the northernmoft ftream thereof (com

monly called Keowee) to the marked line on the laid ftream, of the firft

quality at

0113

Ditto of the fecond quality 057-5-5 ditto of the third quality

o 2 7^

All good oak and hickory land (including iflands) cultivated and uncul

tivated, from the mouth of Broad River to the laid marked line or head

thereof, of the firft quality at

0113

Ditto of the fecond quality . 057^; ditto of the third quality

02 7-TM

All high river fwamp or low grounds (including iflands) cultivated and

uncultivated, including fuch as commonly called iecond low grounds

lying above the mouth of Canouchee Creek, to the mouth of Buck-

head Creek on the river Ogechee of the hrlt quality

01-89

Ditto of the fecond quality . o 13 3; ditto of the third quality

39

AH good oak and hickory land (including iflands) cultivated and uncul

tivated, from the mouth of .Buckhead Creek to the head of Ogehee

River, of the firft quality at

o 15 o

Ditto of fecond quality . o 7 6; ditto of the third quality .

o 39

Al! high river fwamp or low grounds (including iflands) cultivated and un

cultivated, including fuch a.; are commonly called fecond low grounds

from Cathead on the river Alatamaha, to the mouth of Ogechee River,

for the firft quality at

126

Ditto of the fecond quality . o 11 3; ditto of the third quality

39

AH high river fwamp or low grounds (including iflands) cultivated and

uncultivated^ including fuch as are commonly called iow grounds from

'

'

TAX,

',

> s. d, the mouth of the Oconee River along the northern and fouihcrn ftreams

or up to the marked line, of the firft quality, at



i 10 o

Ditto of the fecond quality o 15 o; ditto of the third quality

039

All oak and hickory land (including iflands above the flowing of the tide

on all the rivers from Cathead on the river Alatamaha to the river

St. Mary's, inclufivc, to the marked line, of ' the firit quality, at .076

Ditto of the fecond quality . o 3 9; ditto of the third quality

o i iof-

All other oak and hickory land throughout die Rate, of the fir ft quality , at o 11 g

Ditto of the fecond quality /'. o 5 7TM; ditto of the third quality ' 02 7-

All other pine land throughout the Hate, '.

Q i 10.--

All lands on the fea-iflands, or lying on or contiguous to the lea- more,

ufually cultivated, or capable of cultivation in corn or indigo, of the

firft quality, at

2 'r, o

Ditto of the fecond quality . i 2 6; ditto of the third quality, at

on 3

MI UK.

2 . And be itfurther enabled by the authority aforefaid, That the Him of four {hil

lings and eightpence mail be levied on all free male white perlbns from the age of

twenty-one years and upwards, who are entitled to vote at elections in this Rate, and

the Rim oftwo millings and fourpence on all negroes and other Oaves whatfoever, with

in the limits of the fame, and the Sum of four (hillings for every one hundred

wn lots, pounds value of every lot, wharf or other lands, and on all buildings within the li

mits of any town, village or borough in this (late, and the fum of nine millings and

fourpenee upon every four-wheeled, and the fum of four millings and eightpence

" ' upon every two-wheeled carriage, except waggons, carts and drays, and the fum of

one pound one milling and ninepence upon all free negroes, mulattocs and inuftizoes,

onfieeneETOes. from twent y_one to ft xty years of age, over and above any taxable property they

may be poffeffed of, and four millings for every one hundred pounds upon every

enstockta perfon's flock in trade of perfons in trade, fhopkeepers and others, to be given in

upon .oath, and the fum of one pound one {hilling and ninepence on every pracli-

en profession^ tioner of phyfie and law, and the fum of one pound one {hilling and ninepence on

all faQors, brokers and vendue matters throughout this Hate,

jydkhSd. 3< /JM^ be it further enabled by the authority aforefaid, .That in cafe difficulty IJiall

arife in the mind of any per fon' with refpecl to the claffing his land or vajuating his

buildings, then and in that cafe, it may be lawful for fuch perfons to call in three free

holders, who fhall value and clafs the fame, and their certificate {hall be received by

the receiver that fuch freeholders have been qualified by a magistrate for that purpofe.

4. And be it further enaSed by the authority aforefaid. That all male perfons of *RMiinebalbstaenxte*ens, th, euage or.. twentJy-one years, ,ho' l,dj-ing unculitivatedi ilandis i n thi is mn i' te, wnT o {rhalnl ihave.

been abi.ent from the fame for one year immediately, preceding the time of making a

return, {hall be doubly taxed, that is to fay, that the fum of eight {hillings for one

hundred pounds value of all lands within this ftate, mall be levied on all inch pro-

i>K>7i,o, property by the collectors herein after particularly named: Provided neverthelefi?

That no member of congrefs or any other per fon fent from without the limits of

Jhravlso.

this Rate by public authority, (hall be fubiected to the foregoing tax: 'And provided y,-o, _i.,nat'.ifJ any penron orJ peri,-ons whi o inn al11l ibe ci ti zens andi rc'?u dicnts in an4y one otc

cultivation, t]ie United States, {hall cultivate and improve the lands which he or they hold in this

{late, at the rate of three acres for every hundred acres thereof, the fame {hall be

deemed a fufricient cultivation and improvement to excufe him or them from the dou

ble tax within the meaning of this atl. A double tax fhall alfo be paid for all uj}-

TAX.

455

cultivated lands held by any one individual over and above two thoufand acres; but

a cultivation and improvement as aforefaid, at the rate of three acres for every hun

dred acres on each particular traft or body of lands within the .fame lines, fhall be

deemed fuflicient to exeiffe the owner of Rich land from the faid double tax.

one-eiverf

r-.. And be
O1
the taxes In all

itbJefuarsthfeorlleonwabsl:ede, abcSyhthceouanuttyhor{iht.yal/la.fb/oe.rce/ofanisdi.7deTrehdatasthde.iv.mi.do,ed,de.ionftococ11i1.l",-e. 1f"t1.i"on8g?ta1'^CX<V!apee;ptuo^ri1n'<t^setd01

which ihallbe the fame as are now laid off for the feveral companies of militia in each superior court,

county. The fuperior court for fiich county fhall appoint one juftice of the peace in

fcach diftrift, or where there is no juftice ofthe peace, forne other difcreetperfon, to re

ceive the returns of the taxable property agreeable to this aft ,and who (hall be entitledto

receive one .pound per centum on the amount of the tax collected in their refpeftive Je&on",*

diftrifts. The dittriQs fhall be laid out and the receivers appointed by the fuperior "nt>

court of the county of Liberty for the counties of Glynn and Camden, in the coun

ty of Burke for the county of Wafliington, and in the county of Wilkes for the

county of Franklin, until the fuperior courts can beheld in the aforefaid counties of

Glynn, Camden, Waihington and Franklin. It, fhall be the duty of the receivers Their dm*,

ib appointed to give public notice by advertifement to the inhabitants of the diftrift

of the time when they are to bring in their returns, at leaft thirty days before the time

appointed; he fhall a lib make out a return, including the \vholefo'received by him,and

alfo all the taxable property of non-refidents and fuch defaulters as negleft or refufe Non-resMent^

to make their return within his diftrift, and tranfmit the fame to the clerk of the court""

of the county. The faid clerk of the court fhall digeft the whole into one general re- =*/^rt<

turn, containing a ftate of the taxable property of the whole county, one copy M*^*-

of which he fhall tranfmit to the treafuver of the ftate, and another to the collector of

the faid county appointed by this.aft, and fhall alfo enter the fame in a book to be

kept in his office for the free infpeftion of the inhabitants. The returns of the re

ceivers in the feveral diftrifts fliall be laid before the next fuperior court for their in-

i'peftion, and the grand jury for the county fhall particularly exprefs,their fentiments

thereon. The collector, before he enters upon the duties of his office, fliall give bond, ^ulireloasi

with good and fufficient fecurity, in a fum not exceeding one thoufand five hundred :u"li";curity-

pounds, to his honor, the governor for the time being and his fucceffors in office, to

be taken by the fuperior court for the county,for the faithful performance of his of

fice: and in cafe of the death, or refufal, or neglect of fuch collector to enter into J

fuch bond, then fuch court is hereby authorized and required to appoint fome other wist

perfon willing to accept the fame, who fhall, in manner required by this act, enter

into bond, and be veiled with all the powers by this act given to the collectors here

in appointed. The collector fliall attend at not lefs than four different places within Hi8<JtT'

the county for the purpofe of receiving the taxes, and fliall give notice in each dif-

trict by public advertifement at leaft fifteen days before, of the time and place where

he fhall give fuch attendance; and if any collector fliall prefume to execute the faid

office without having given bond and fecurity as aforefaid, fuch collector fhall forfeit KKdrea

and pay the fum of three hundred pounds fterling, to be recovered by any perfon who Eg^oS'

ft all inform and fue for the fame.

'

SSIT slvlne

6. Andbe it alfo cnacledby the authority aforefaid, That all perfons whatfoever, Returns to be-

who are poffeffed of any lands granted to, or furveyed for any perfon or perfons j^1'.

Haves, carriages, either in their own right or in the right of any other perfon, orare lia

ble to pay any other tax by virtue of this act, fhall on or before the firft day of June

next, render a particular account thereof in writing upon oath or affirmation, fetting

forth in what county the faid lands and Haves are to the beft of his or her knowledge.

456 .

TAX;

',

to the receiver in the diftrict where fuch perfons refide, at fuch time and place as the

{'aid receiver (ball direct and appoint, for the doing thereof, fo that the fame he-done

on or before the firft clay of June aforefaid, which oath or affirmation (hall be in the

Tiieoaa. words following : I, A, B. do .fwear (or affirm as the cafe may be) that the account

which I now give in, is a juft and true account of the quantity and quality of the

lands, and of the number of all flaves and riding carriages which I am poffeffed of,

interefted in or entitled unto, either in. my own right, or in the right of any other per-

fon or perfons whatfoever, as guardian, executor, attorney, agent or truftee, or in

any other manner whatever, according to the heft of my knowledge information and

belief; and that I will give a juft and true anfwer to all lawful questions that may"be

afked me touching the fame; and this I declare without any equivocation or mental

refervation whatfoever. So help me God." which oath or affirmation the receivers

fo appointed arc hereby duly authorized enjoined and required to adminifter.

7. And whereas there are divers tracls of land and flaves in this ftate held,.owned

and claimed by perfons not refident here who pay no tax or other charges towards

the fupport of the government of this ftate. Be it therefore enabled by the authority

&Homie,tms-aforefaid, That all attornife, and truftees, of or for any perfon or perfons living with-

nTM'icsuientr3, out the limits of this ftate, fliall make due and true returns to ..the receiver in the'dif

fer idi absen-trift where fuch attorney or truftee lives and refides as aforefaid, of all lands and flaves

belonging to fuch abfent perfons for whom they are attornies or truftees, (hall be fid>

jet and liable to pay the tax to become due by virtue of this aft, or which is due by

who shaii t>ay any former tax acts; for fuch lands and flaves, out of his or their own proper eftates,

tOTe'"" uflL notwithftanding fuch attorney or truftee, may renounce or difclaim acling as fuch be*

tieesr.muies fore the (aid tax is levied unlefs, fuch attorney (hall make oath before the receivers ref.

0r rc,,ou,lce on pectively that he hath bonafide renounced his power arid attorney fhip before the pay.

i"eforehthGTMx ment of the faid tax becomes due, without having done it only with an intention to

is due. avoid the payment of the faid tax, Provided always^ That if fuch attorney mall

noVso. vvitbin one year next after fuch oath made, again become attorney or truftee for fuch

abfent perfon or aft as fuch, every fuch attorney ftiall be liable to pay the faid tax as

is herein before directed, any thing herein before contained to the contrary thereof

notwithftanding, and for levying whereof the fame remedies ihall be, and are hereby

given as for levying the'tax to become due by virtue of this,aft, on the proper eftate

of fuch attorney or truftee,

i-mnsindefttitt 8. And be it alfo enabled by the authority aforefaid. That in cafe any tracts of land toewdnendrbVv'adb"- '0 n 11 ibe froundi iby thi e recei vers to ibeilong to any perlron or perirons il-ivi ng or renrdTing

out of the limits of this ftate, and who have no attorney or attornies, truftee or truftees,

legally conftituted in this ftate, or which have not been returned to any of the receiv

ers appointed for any county where the lands lie, then and in fuch cafe the receivers

(hall be, and they are hereby authorized and required to charge the faid lands for the

payment of the tax herein impofed, according to the quantity and quality thereof, and

for all taxes due by virtue of any former tax act, ratably and proportionably ac

cording to the quantity of acres, as if the fame were in the actual poffefiion of fome per-?

fonor perfons living or refidingin this ftate, and forthwith for three fucceffive weeks

to publifh and give notice of fuch their charge and affeffment in the gazette; and in

cafe of non-payment of the faid taxes, the faid lands ftiall thereafter be liable to be pro

ceeded againft by attachment as herein after mentioned.

TIX, how to be 9. And be it enatfed by the authority aforefaid, That the feveral rates and taxes here

by rated and impofed, /hall-be levied on the goods and chattels of the defaulter or de-?

faukcrs by warrant under the hand and feal of the collector or collectors of the eaun-i

TAX.

457

ty wherein fuch defaulter or defaulters (hall refide, to be directed to any conftable or

conftables thereof, requiring him or them to levy the fame by diftrefs and fale'of the

defaulter or defaulters' goods and chattels, returning to him or them the overplus, if constable's fees

any after deducting the charges following, viz. for ferving every warrant of execu- warrant'$ na

tion one ihilling, and one milling in the pound, of every pound levied, and twopence

for every mile to be computed from the dwelling houfe of the conftable levying the

fame, to the place of reiidence of every fuch defaulter or defaulters, and the collec

tors refpectively {hall, and may take one {hilling and fixpence for every fuch warrant, conam<? *&

and in cafe no goods and chattels of the defaulter or defaulters can be found, then it ranis,ii-c" va

{hall and may be lawful to and for the collector or collectors of the county wherein RealC5t.!te ,fa.

any real eftate belonging to fuch defaulter or defaulters fhall lie, and he or they is org^1^;;;^

are hereby required to caufe an attachment to be laid under his or their hands and

feals on fuch real cftate for the amount of the faid taxes and to caufe the fame to be

advertifed in the public gazette for three weeks fucceffively, at the end of which time

or as foon thereafter as the fuperior court mail meet in fuch county, or in cafe of no

fuch court in fuch county, then as foon as the fuperior court mail fit in the county

neareft thereto, the faid collector or collectors fliall, in cafe the owner or owners of

the faid land mall ftill be in default, make a return thereof to the faid court, and the

jury empannelled and fitting in the fame, mall be and they are hereby required (with-py^i^est

out any emparlance being allowed) to give judgment againft fuch defaulter or.de-*ti.

faulters, for the amount of his, her or their taxes, together with cofts of fuit, and

thereafter an execution mall iffue founded on the faid judgment, which fliall be pro

ceeded in by the fheriff, and a fale made of the faid lands in the fame manner, and

attended with the like cofts as for any other debt recovered by judgment* ,

10. And be it enaBed by the authority a/orefaid. That the feveral perfons herein Co|fcaonrt>.

after named, fhall be collectors for the feveral counties herein after mentioned, pomtedl

viz, for the county of Chatham, Richard Wylly, efq. for the county of Liberty,

Gideon Dowfe, efq. for the county of Effingham, Abraham Ravot, efq. for the

county of Burke, Ifaac Walker, efq. for the county of Richmond, Joe! Barnettj

efq. for the county of Wilkes, Walton Harris, efq. for the county of Washington,

William Fitzpatrick, efq. for the county 6f Franklin, John Barton, efq. for the

counties of Glynn and Camden, John Berrian, efq.

it. And be it alfo enacted by the authority aforefaid, That all perfons whofoever, T.- to be pust wiho are polrirelriredi ofr any li andis or fnlaves i n thi is fntate i n thi ei-r own, or i'n tihe ri gtht of, Dbfetchaen1tUers.t f

others, or any ways liable to pay tax by virtue of this aft, fttall pay in their taxes to

the feveral perfons hereby appointed to receive the fame, on or before the firft day

of December next, .and the collectors fliall give a receipt, if required, to the perfon

paying the fame; and the faid collectors for the feveral counties refpectively within

this ftate, ftiallon or before the twentieth day of January next, clofe their accounts

and deliver the fame on oath to the treafurer for the time being, and after deducting

two pounds per hundred, as commiffions, pay the faid treafurer5 all fuch monies as coikaor-s

{hall be by fuch collectors received in purfuance of this act; and the faid receivers"1TM"'"0"'

and collectors for each county, ftiall give an account in writing upon oath as afore-

faid of their own lands and flaves, after the manner aforefaid, to the faid treafurer, and Their own ,

pay th. e tax t,hereon accord.i.n' g to *th, e rates appointedi bi y thi is aa/->.

lraentudrsn, efede.. li;

12. And be it alfo enatted by the authority aforefaid, That any perfon or perfons penalty for co-

in giving in, or rendering his or her account of lands or flaves or other taxable pro- p5oj"rV.8

3M

TAX.

perty, fliall wilfully conceal any part thereof, all fuch perfons fliall forfeit the value

of the tax for what they fo concealed.

!l

1 3- And be it alfo enatted by the authority afore/aid, That any perfon neglefting or

refilling to give in his or her account of the lands and -Haves or other taxable proper

ty to the receivers aforefaid respectively, at fuch time and place as they fhall appoint

agreeable to this at, or by the firft day of June next, at fartheft, he or ihe fhall be

deemed a defaulter, and fhall be doubly taxed for all his or her lands or Haves or other

taxable property.

Tax preferred iA. And be it enabled by the authority aforefaid. That the taxes impofed by this aft. t&oca.ll securities, l,,hal.l, b. e pret,.erred, to al\l\ li-ecunties andi encumbi rances wihatever; andi thi at in cafe a ny

perfon fhail happen to die between the time of giving in his or her account to the laid

receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,

to the value of the fum fo taxed, fhall come into the hands of his or her executors

or adminiftrators, or any executor;; in their own wrong, fuch executors or admini

ftrators fhall pay the fame by the time before limited, prior to all judgments, mort

gages, or debts whatfoever ; or otherwife a warrant of execution fhall iffue againft

Administrators, the proper goods of fuch executors or adminiftrators ; and if any perfon, between

a'cshdr ^ie t'me ^ ren dering the account of his or her ettate to the receiver, as aforefaid and

the time of paying in his or her tax, fhall be about to depart this ftate, the faid col-

leftor is hereby directed and required forthwith to levy the fame, notwithstanding

the day of payment is not already come, unle-fs fuch perfons will find fureties to the

liking of the collector for the payment thereof at the time of payment. *

15. And be it alfo enabled by the authority aforefaid, That all deeds of gift, convey-

t'of ances, mortgages, fales and alfignments of lands and tenements, goods and chat-

idV tels of any perfon whofoever, made with an intent to avoid paying the tax, are hereby

deemed and declared to be fraudulent, null and void to all intents and purpofes what-

foevcr. And in cafe any perfon who has mortgaged any part of his eftate real or

aMfor'taxI perfonal, fliall refufe or negleft to pay the tax for the fame, the mortgagee (hall be

anfwerable and liable to pay the fame. Provided, That fuch ettate fhall be in the

poOefhon of the mortgagee.

Execution- 1D - And beit enabled by the authority aforefaid, That the treafurer for the time be-

eoSo.mer ing? be and is hereby empowered and required to grant executions againft all former

Ami re-ent C^e8;ors of taxes, .provided the fame are not paid into the treafury on or before the

coiicctoS. firft day of May next; and againft all collectors of the prefent tax hereby impofed

if the fame fhall riot be paid on or before the time is elapfed for paying the fame ; and .

if any collector or treafurer or other perfon fhall be i'ued for any matter or thing by

TMbre'S ^ mn or tnem done, in the execution of this acl, it fliall and may be lawful for fuch

perfon or perfons to plead the general iifue, and give this aft and the fpecial matter

in evidence ; and in cafe judgment fhall be given for the defendant or defendants, or

the plaintiff fhall fufl'er a non-fuit or difcontinue his aQion, the faid defendant or de

fendants fliall recover cofts of fuit.

/>ne hair of me * 7- And, be it enacted., That any perfon liable to pay tax fliall be at liberty to dif-

fifautfite'lccr- charge one half of his, her or their tax in audited accounts or certificates, and the trea-

(Khtatcs, furer js hereby direfted to receive the faid moiety or one half, in audited-accounts oar

certificates from the collectors of faid tax.

By order of the Iloufe.

JOSEPH HABERSHAM, Speaker,

Savannah, Februarys!, 1785,

TAX.



459

An &H for impofing a, tax on the inhabitants of the fiale of Georgia, and other perfom holding property real or perfonal therein,, for the life and fupport of the government thereof, from the firjl day of January to the thirly-Jirjl day of December^ one thou-
fand Jeven hundred and eighty-fix .

HEREAS it is expedient that a fum fhould be railed for the purpofe of dif-

charging the debt of this ftate, and for defraying the expences of govern

ment: i. Be it therefore enabled by the reprefentatives of the freemen of the flate of Georgia Taxonaiiumn
.in General AJJrr-emb77ly met, anil77by th7 e a7 uthority oj-r th7 e jrame, n1^ibat' a tax orr ten mn i-lilrings vgeraynetde,d ot sue'.

for every one hundred pounds value of all lands within this Hate, granted to or fur-

veyed for any perfon,. as fuch lands (hall be eftimated at, mall be levied on the fame

according to the-following mode, via. All tide fwamp (including iflands) cultivated and uncultivated, of the firft quality, CIilsjed .,,,,,,,,,,
ill all be rated at four pounds feventeen millings per acre; ditto of the fecond qua- Jf^"^

lity, three pounds; ditto of the third quality, one pound feventeen (hillings.

All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three

miles of water carriage, at fifteen fhillings.

All prime inland fwamp, cultivated or uncultivated, at an average of three pounds

feven fhillings.

Ditto of the fecond quality, at one pound feventeen {hillings.

Ditto of the third quality, at fifteen fhillings.

Pine barren lands adjoining or contiguous thereto, feven fhillings.

Saltmarfh, at four fhillings.

.

'

High river fwamp or low grounds (including iflands) cultivated and uncultivated (in

cluding fuch as are commonly called fecond low grounds) lying above Abercorne, and .as high as the mouth of M'Bean's Creek on Savannah River, of the firfl qua

lity, two pounds twelve fhillings.

Ditto of the fecond quality, one pound ten fhillings.

Ditto of the third quality, fifteen Ihillings.

High river fwamp or low grounds (including iflands) cultivated and uncultivated (in cluding fuch as are commonly called low grounds) lying above M'Bean's Creek, as

high as the mouth of Rae's Creek, of the firft quality, three pounds fifteen {hil

lings.

Ditto of the fecond quality, two pounds twelve millings.

Ditto of the third quality, one pound two fhillings. High river fwamp (including iflands) cultivated and uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the firft

quality, two pounds one flailing.

Ditto of the fecond quality, one pound two fhillings.

Ditto of the third quality, feven fhillings.

AH good oak and hickory land (including iflands) cultivated and uncultivated, from the mouth of Rae's Creek to the mouth of Broad River, within one mile of Sa

vannah River, of the firft quality, fifteen millings.

Ditto of the fecond quality, feven fhillings.

Ditto of .the third quality, four fhillings.

All good oak and hickory land (including iflands) cultivated and uncultivated, from

the mouth of Broad' River up the Savannah River, within one mile of the fame.

TAX,

and along the northernmoft ftream thereof (commonly called Keowee) to the

marked line on the faid ftream^ of the firft quality, at eleven {hillings.

Ditto of the fecond quality, at fix {hillings.

Ditto of the third quality, at three (hillings.

All good oa"k and hickory land, (including iflands) cultivated and uncultivated, from

the mouth of Tugalo River to the faid marked line of the firft quality, eleven

(hillings.



Ditto of the fecond quality, at fix {hillings.

Ditto of the third quality, at three {hillings.

All good oak and hickory lands (including iflands) cultivated and uncultivated, from

the mouth of Broad River to the marked line or head thereof, of the firft quality^

at eleven {hillings.

Ditto of the fecond quality, at fix {hillings.

Ditto of the third quality, at three {hillings.

All high river fwamp or low grounds (including iflands) cultivated and uncultivated,

including fuch as are commonly called fecond low grounds lying above the mouth

of Canouchee Creek, to the mouth of Buck-head Creek, on the river Ogecheey

of the firft quality, at nineteen millings.

Ditto of the fecond quality, at eleven {hillings,

Ditto of the third quality, at four millings.

All good oak and hickory land (including [(lands) cultivated and uncultivated, frorft

the mouth of Buck-head Creek,o the head of Ogechee River, of the firft qualitys

at fifteen millings.

'.>

Ditto of the fecond quality, at feven (hillings^

Ditto of the third quaaty, at four fhillings.

All high river fwamps or low grounds (including iflands) cultivated and uncultivated,

including fuch as are commonly called fecond low grounds, from Cathead, on the

river Alatamaha, to the mouth of Oconee River, of the firft quality, at one pound

two (hillings.

Ditto of the fecond quality, at eleven {hillings.

Ditto of the third quality, at four (hillings.

All high river fwamp or low grounds (including iftands) cultivated .and uncultivated,

inciudingfuch as are commonly called fecond low grounds, from the mouth of Oco

nee River, along the northern and fouthern ftreams, or up to the marked line, of

the firft quality, at thirty fhillings.

Ditto of the fecond quality, at fifteen millings.

Ditto of the third quality, at four millings.

All oak and hickory land (including iflands) above the flowing of the tide on all the

rivers from Cathead, on the river Alatamaha, to the river St. Mary's inclufive2

to the marked line, of the firft quality, at feven fhillings.

Ditto of the fecond quality, at four fhillings.

Ditto of the third quality, at two {hillings.

All other oak and hickory land throughout this ftate, of the firft quality, at eleven

(hillings.

Ditto of the fecond quality, at fix {hillings.

Ditto of the third quality, at three (hillings.

All other pine land throughout the (late, two fhillings.

Ail lands on the fea iflands, or lying on or contiguous to the feamore, ufuallyt

led or capable of cultivation in corn or indigo-r at two pounds five {hillings.

TAX.
Ditto of the fecond quality, one pound two {hillings, Ditto of the third quality, at eleven fhillings.
2. And be it enafled by the authority aforefaid, That the fum of four millings eightpence, (hall be levied on all free male white perfons from the age of twenty-one years and upwards, who are entitled to vote at elections in this ftate and the fum of four (hillings on all negroes, and other flaves whatfoever, within the limits of the Tonnegroe. lame; and the fum of ten fhillings for every one hundred pounds value of every . lot, wharf or other lands, and on all buildings within the limits of any town, village or g^ townlots borough within this ftate; and the fum of one pound eight Ihillings upon every four oncarriaS* wheeled, and the fum of fourteen (hillings upon every two wheeled carriage, except waggons, carts, and drays; and the fum of twenty-one Ihillings and ninepence upon all male free negroes, mulattoes, and muftizoes from twenty-one to fixty years of age, over and above any taxable property they may be poffefled of; and the fum of forty (hillings for every ftudhorfe; and the fum often (hillings for every onehun-onstudWs^ dred pounds value of every perfon's ftock in trade, of perfons in trade, mopkeepersfr"^ckin and others to be given in upon oath ; and the fum of three pounds five {hillings and threepence on every practitioner of phyfic and law; and the fum of three pounds ongraemioners. five fhillings and threepence on all faclors, brokers, and vendue mafters throughout p'*61*this ftate : Provided neverthelefs. That in cafes of extreme indigence or infirmity, the p>TM. fuperioj court of each county (hall be and they are hereby empowered to remit the poll tax upon fuch indigent or infirm perfons appearing in court and claiming fuch in dulgence.
3. And be it further enacledby the authority aforefaid, That in cafe difficulty fliallarife^TM!,^1"* in the mind of any perfon with refpect to the claffing his land, or valuing his build ings, then and in that cafe, it (hall and may be lawful for fuch perfon to call in three freeholders, who (hall value and.clafs the fame, and their certificate fhall be received by the receiver, as the value and refpeftive clafles of the fame: Provided, it (hall ap pear to the receiver that fuch freeholders have been qualified by a juftice for that purpofe.
4. And be it further enacled by the authority aforefatd, That all perfons of the age p^l^slTM' of twenty-one years, holding lands in this ftate, who fhall not refide within the limits taincasesof the fame, or cultivate and improve his faid lands in manner as is herein after men tioned, (hall be doubly taxed, that is to fay, that the fum of one pound for every one hundred pounds value of all lands within this ftate, fhall be levied on all fuch prop erty by the collectors herein after particularly named : Provided neverthelefs, That no member of congrefe or any other perfon fent from without the limits of the ftate by public authority, (hall be fubjeci to the foregoing double tax. And provi- Prov;sa; ded alfo, That, if any perfon or perfons, who fhall be citizens or refidents in any one of the United' States, {hall cultivate and improve the lands which he or they hold cultivation. in this ftate, at the rate of three acres for every one hundred acres thereof, the fame fhall be deemed a fufficient cultivation and improvement to excufe him or them from the double tax within the meaning of this aft. A double tax fhall alfo be laid for all uncultivated lands, held by any one individual (whether refident or non-refident) over and above two thoufand acres, and under fix thoufand ; a treble tax on Trebfctex_m all above fix thoufand and under twelve thoufand ; and a fourfold tax on all above ^(Satm, twelve, and under twenty-four thoufand; and fo on in progreffion one fold higher JjJ^TM1^,^" in proportion to the double of the laft grade ; but a cultivation and improvement t"TMaP4a"<1~ aforefaid at the rate of three acres for every hundred acres of land fuch individual poffeflesj.fliallbe-fuHicient. to e-xcuiefuch individual from the double tax aforefaid.

462

TAX.

i

taSuTMft0 5- And fa it enabled ly the authority aforefaid, That the mode off collecting thetax-

fo/eS'cam; &s fhall be as follows : each county fhall be'considered as divided'into diftricls, which

p.m) o u,i. u. | jajj |5e ^^ fame as are now Said off for the feveral companies of militia in each coun

ty ; the fuperior court for each county (hall appoint one juftice of the peace in each

diftriQ:, or where there is no juftice of the peace, fome other diicreet perfon to re

ceive the returns of the taxable property agreeable to this act; and who fhall be enti~-

tledto receive thirty {hillings as a compenfation for his trouble, the fame to be paid

by the collector of the county out of the money received by him for taxes, or credit

him on his public account for the fame. The diftrict fhall belaid out and there-

ceivers appointed by the fuperior court of the county of Liberty, for the county of

Glynn and Carriden, until courts are held in faid counties; and the affiftant juftices

for the counties of Franklin, Greene and Wafhington are authorized and required at

the land courts in their refpective counties on the firft Monday in March next, to lay

out their diftricts and appoint the receivers of taxable property in each of the ftiid coun-

ties. Andin cafe there ihould not be a fufficient number of juftices collected at the faid.

courts, or either of them, then and in that cafe it fhall be the duty of one or more of

the affiftant juftices to fend out their fummons to each of the juftices of their county,

-or fo many as may be a fufficient number to form a court, on the firft Monday in.

April, to perform the aforefaid duty or duties. It fhall be the duty of the receivers

fo appointed to give notice, by advertifement to the inhabitants of the diftrict, of the

time when they are to bring in their returns, at leaft thirty days before the time ap

pointed ; he fhall make out a return, including the whole i'o received by him, and al~

fo the taxable property of non-refidents, and fuch defaulters as neglect or rei'ufe to

make their returns within his diftrict, and tranfmit the fame to the clerk of the county,

and {hall at the fame time give an account on oath of his taxable property : The.

somt, MS duty. fa id clerk of the court fhall digeft the whole into one general return, containing a ftate

of the taxable property of the whole county ; one copy of which he fhall tranfmit to

the treafurer of the ftate, and another to the collector of the faid county appointed

by this act; and fhall enter the fame in a book to be kept in his office, for the free

infpection of the inhabitants, and he mall be paid for his trouble the fum of five

pounds by the collector as aforefaid. " The returns of the receivers in the feveral dif

tricts fhall be laid before the next fuperior court of the counties to which they are re

turned for their infpection, and the grand jury for the county fhall particularly ex-

coiieaofs simii prcfs their fentinnems thereon ; the collector before he enters upon the duties of his of-

l:cniity,dallli fice fhall give bond, with good and fufficient fecurity in a fumot exceeding fifteen hun

dred pounds to his honor the governor for the time being, and his fucceffbrs in of

fice, to be taken by the fuperior court for the county, or one of the affiftant j uftices

of fuch county, for the faithful performance of the duties of the faid office, and (hall

,. take the following oath : " I, A. B. appointed collector of taxes for the county of

'Am"!take this

' ' dio frol1 emnliy {rwear thi at Irw-in ll r fa-itihr fuilliyi-dr ifciharge thi e diuties required1 of('me

by law; and that I will not directly or indirectly, exchange or fu-ffer to be exchanged,

any gold or filver coin, that I fhall receive for or OH account of taxes, for certificates

or paper of any denomination whatever, or drafts on the treafury for audited certifi

cates." And in cafe of the death, or refufal, or neglect of fuch collector to enter fuch

bond, or take fuch oath, then his honor the governor in council, is hereby author!-.

zed and required to appoint fome other perfbn willing to accept the fame, who fhall,

in manner required by this act, enter into bond, and be veiled with all the powers by

fkeirciuty. this act given to the collectors herein after appointed; The collector fhall attend in

each diftrict of the county, for the purpofe.of :receiving the taxes, a'nd flx'all give notice

TAX.

463

in each diftrict by public "advertifement, at leaft fifteen clays before, of the time and

place where he (hall give fuch attendance: And if any collector fli all prefume to exe

cute the faid office without having given bond and fecurity as aforefaid, fuch collector on^imndrert

fhall forfeit and pay the fum of one hundred pounds, to be recovered by any perfon Edl|^itJ-

who fliall inform and fue for the fame.

toiui.&c*:

6. And be it alfo enafted by the, authority aforefaid. That all perfons whatsoever,

who are poffefied of any lands granted to or furveyed for any perfon or perfons, nS1TM,!^,

(lave or flaves, carriages, either in their own right or in the right of any other per

fon, or are liable to pay any other tax by virtue of this aft, fhall, on or before the

fir ft day of June next, render a particular account thereof in writing, upon oath or

affirmation, fetting forth, in what county the faid lands and flaves are, to the beft of

his or her knowledge, to the receiver in the cliftrift where fuch perfon. refides at fuch J

time, and as the faid receiver (laall direft and appoint for the doing thereof, fo that

the fame be done on or before the faft day of June aforefaid; which oath or affirm

ation fliall be in the words following: " I, A. B. do (wear (or affirm, as the cafeoa*-1

may be) that the account which I now give in is a juft and true account of the quan

tity and quality of the lands grantedto or furveyed for me, which I now hold or lay

claim to, and of the number of all flaves, riding carriages, flock in trade, or any

other taxable property which I am poffeffed of, interefted in or entitled unto, either

in my own right or in the right of any other perfon or perfons whatfoever, as guar

dian, executor, attorney, agent or truftee, or in any other manner whatever, accord

ing to the beft of my knowledge, information and belief; and that I will give a juft

and true anfwer to all lawful questions that may be afked me touching the fame; and

this I declare without any equivocation or mental refervation whatfoever. So help

me God." Which oath or affirmation the receivers fo appointed are hereby duly

authorized, enjoined and required to adminifter.

7. And whereas there are divers trafts of land and (laves in this Hate, held, owned

or claimed by perfons not relidents here, who pay no tax or other charges towards

the fupport of the government of this ftate: Be it therefore enacted by the authority Attorntes,*-

aforefaid) That all attornies, truftces of or for any perfon or perfons living without 1611^ tax "us

the limits of this ftate, fhall make due and true returns to the receiver in the diftrict estates', 0""

where fuch attorney or truftee lives or refides as aforefaid, of all lands and flaves be

longing to fuch abfent perfons for whom they are attornies or tru frees, and that fuch

attornies or truftees fhall be fubjeft and liable to pay the tax to become due by virtue

of this aft, or which is due by any former tax afts for fuch lands and flaves, out of his

or their own proper eflate; notwithstanding fuch attorney or truftee may renounce or dif- S^0"'*;;,

claim,afting as fuch before the faid tax is levied, unlefs fuch attorney fhall make oath ^; bcftieMs

before the receivers refpeftively, that he hath bona jide renounced his power and at-Proviso.

torney(hip before the payment of the faid tax became due, without having:done it on

ly with an intention to avoid the payment of the laid tax: Provided always, That if

iuch attorney (hall, within one year next after fuch oath made, again become attor

ney or truftee for fuch abfent perfon, or aft as fuch, every fuch attorney (hall be lia

ble to pay the faid tax as is herein before directed, any thing herein before contained

ta the contrary thereof notwithstanding; and for levying whereof the fame remedies

fhall be and are hereby given as for levying the tax to become due by virtue of this

aft on the proper eftate of fuch attorney or truftee.

8. And be it alfo enafled by tlu authority aforefaid. That incafe any trafts of land (hall %^tf$?TM~

be found by the receivers to belong to any perfon or perfons, living or redding oul i>"ow-tr>e"c*'

of the limits, of this ftatej and who have no attorney or aUorniesj truftee or trufteesj

464

TAX.

legally conftituted in this ftate, or which have not been, returned to any of the receivers

appointed for the counties, where the lands lie, then and in fuch cafe the receivers

fhall be and they are hereby authorized and required to charge the faid lands for the

payment of the tax herein impofed, according to the quantity and quality thereof;

and for all taxes due by virtue of any former tax act, ratably and proportionally ac

cording to the quantity of acres, as if the fame were in the aciual pqffeffion of fome

perfon or perfons living or rending in this ftate; and forthwith for three fucceffive

weeks to publifh and give notice of fuch their charge and aflTeffment 'in the gazette j

and in cafe of no payment of the faid taxes, the faid lands fhall thereafter be liable

to a double tax ; and to be proceeded againft by attachment as herein after mentioned,

lands of cm- g. And be it further enabled by the authority aforefaid, That if it fhould be .found

SteTreatedin there are any lands or other taxable property which belong to citizens of this ftate, *thesame man- and whi.ch, h<ave not .been returned, to *t.he *rece<ivers agreeab, le to the ti. me preicn.b. ed .by'

law, the faid receivers {hall proceed to charge the faid lands for the payment of the

tax herein impofed in the fame manner as is prefcribed in the claufe immediately pre

ceding, and make return thereof to the collector for the county in which his diftrict

lies j and the faid receiver, or perfon giving him information againft fuch defaulter.,

{hall be entitled to and receive one half of the amount of the tax fo recovered.

sheriffsmade io. And fie it farther enabled by the authority aforefaid, That it fhall be the duty of

the fheriffs of the feveral counties jn this ftate to collect the taxes impofed by this act,

^"teffer*1*" ** 4nd whereas the counties of Glynn and Camden have no fheriff yet appoint-

m$nd eu* ^or tnem or either of them : Be it therefore enabled by the authority aforefaid,- That

Michael Rudolph be, and he js hereby appointed collector for the faid counties of

Glynn and Camden.

Tax, when to 12, And be it alfo enabled by the authority aforefaid, That all perfons whofoever, who

*ep" ' are poflefled of any lands or flaves in this ftate, in their own right, or in the right of

others, or any wife liable to pay tax by virtue of this act, fhall pay in their taxes to the

feveral perfons hereby appointed to receive the fame on or before the firft of Novem

ber next enfuing ; and the collector fhall give a receipt if required to the perfon pay

ing the fame, and for that purpofe the collectors fball give regular attendance in their

refpective counties; and jf at the expiration of the faid firft day of November, any

jam' perfon or perfons fhall ftill be in default, the collector {hall immediately proceed

againft fuch defaulter or defaulters, by diftrefs and fale of the goods and chattels if to

"be founds otherwife on the land of fuch defaulter or defaulters, or fo much thereof as

will pay the whole amount of taxes due with cofts; and the faid collectors for the feve

ral counties refpeQively within this ftate, fhall on or before the firft day of January,

poiigftorsto one thoufand (even hundred and eighty-feven, clofe their accounts and deliver the

account" on"1 fame oi\ oath to the treafurer for the time being, and after deducting two and one

Thdromii-half per cent, commiffions, pay the faid treafurer all fuch monies, as (hall he by fuch

*"*"'

collector received in purfuance of this act; and the faid collectors for each county

(hall give an account in writing upon oath as aforefaid, of their own lands and flaves,

and other taxable property, after the manner aforefaid, to the treafurcr and pay the

taxes thereon according to the rates appointed by this aft,

Penalty fa <-oit, ^S- 4nd fa it tfo enabled by the authority aforefaid, That jf any perfon or perfons

?axabiTprofpef-in giving in or rendering his or her account of lands or flaves, or other taxable pro-

ty-

perty, (hall wilfully conceal any part thereof, all fuch perfons (hall forfeit twice the

value of the tax for what they fo concealed.

14, And be it alfo enabled by the. authority aforefaid, That any perfon'ncglecting or

refufing to give in his or her account of the lands and flaves or odher taxable proper-

TAX,

465

lyY to the receivers aforefaid refpeOively at fuch time and place as they (hall appoiilt agreeably to this acl, he or me fhall be deemed a defaulter, and {hall be doubly taxed for all his or her lands or {laves, or other taxable property.
15. And be it alfo enabled by the authority aforefaid, That the taxes impofed by this T** profm** act, (hall be preferred to all fecurities and encumbrances whatfoever; and that in ca fe toall60tullt'c>' any perfon fhall die between the time of giving in his or her account to the faid re ceivers, and the paying his or her tax, and any goods or chattels of the deceafed, to the value of the fum fo taxed, 'fiiall come into the hands of his or her executors or ad- AdmM!t> niiniftrators, or any executors in their own wrong, fuch executor or adminiftrator, tor<>&c' ihall pay the fame by the time before limited, prior to all judgments, mortgages or debts whatfoever, or otherwife a warrant of execution {hall iffue againfl the proper goods of fuch executor or adminiflrator; and if any perfon between the time of ren- K$Ab*e dering the account of his or her eftate to the receiver aforefaid, and the time of ray- sutcing in his or her tax {hall be about to depart this (late, the faid colleflor is hereby directed and required forthwith to levy the fame, notwithftanding the day of payment is not already come, unlefs fuch perfon will find fureties to the liking of the colleclor for the payment thereof at the time of payment.
16. And be it further enabled, by the authority aforefaid, That all deeds of gift, con-,,,,,,,,_ frc, veyanccs, mortgages, fales, and affignments of land and tenements, goods and chat- S'a!ti. telsofany perfon whatever, "made with'an intent to avoid paying tax, are hereby *^udnl<:ut&! deemed and declared to be fraudulent, null and void, to all intents and purpofes what foever ; and in cafe any perfon who has mortgaged any part of his eftate real or perfonal {hall refufe 01 neglecl to pay the tax for the fame, the mortgagee {hall be anfwerable and liable to pay the fame, provided that fuch ellate mall be in pofieflion

of faid mortgagee. 17. And be it further enabled by the authority aforefaid, That the treafurer for the ^"""0"""
time being, be and he is hereby empowered and required to grant executions againft tov!l all former collectors of taxes, provided the fame are not paid into the treafury before the firftdayof ]une, except the colleclors of the counties of Wafhington and Frank lin, who are required to make and return the fir ft of September, and againft all col leclors of the prefent tax hereby impofed, if the fame {hall not be paid on or before the time iselapfed for paying the fame: And if any colleflor, or treafurer, or other ^f^1 ^ perfons, {hall be fucd for any matter or thing done in the execution of this acl, it fhall and may be lawful for fuch perfon or perfons to plead the general iffue and give this a 61 and the fpecial matter in evidence, and in cafe judgment fiiall be given for the de fendant or defendants, or the plaintiff mail fuffer a non-fuit or difcontinue his action, the faid defendant or defendants fhall recover coils of fuk.
18. And be itfarther enacted by the authority aforefaid, That one half part of tne ?"a!;,^ bcsi]>ai4 amount of the. taxes impofed by this acl, fhall be paid in gold or filver coin or orders ver^c'. on the treafury,, and nothing elfe, and the remaining moiety may be difcharged in cer

tificates. 19. And be itfurther enaQed, That the a 8. for the regular eftablifhment and fup- ^['f'1*
port of the public duties of religion, fo far as it refpetts the appropriation of fourpence in the hundred pounds for the fuppovt of minifters, and which regulates the manner in which they fhall exercife their functions, is hereby declared to be repealed.

By order of the Houfe.

Augufta, February 13, 1786.

" ' WILLIAM GIBBONS, Speaker,

'

.

' ' ' ' 3N

TAX,

An aft for impofing a tax on the inhabitants of the flate of Georgia, and other perfons holding property, real or perfonal therein, for the ufe and fupport of the government thereof, from the fir/I day of January io the thirty-jirjl day of December, one thouJand feven hundred and eighly-feven.

ncamue. i. ""^THEREAS it is expedient that a Turn mould be raifed for* the purpofe of

\ Y difcharging the debts of this ftate, and for defraying the expences of gov-

i.ami granted eminent. Be it therefore enabled, by the reprefentatives of the freemen of the ftate

t'LSr''"'' of Georgia, in General AJ/'embly met, and by the authority of the fame, That a tax

' of twelve {hillings and hxpence for every one hundred pounds value of all lands

within this ftate, granted to, or furveyed for any perfon, as fuch land's {hall be ef-

timated fhall be levied on the fame according to the following mode, viz,

STfcSnT AH fi'ie fwamp, (including iflands) cultivated and uncultivated, of the firft quality,.

quality. fhall be rated at four pounds feventeen {hillings per acre.

Of the fecond quality, three pounds.

Of the third quality, one pound feventeen {hillings.

All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three

miles of water carriage, at fifteen {hillings.

All prime inland fwamp, cultivated and uncultivated, at.an average of three pounds

feven {hillings.

Of the fecond quality, at one pound feventeen {hillings.

Of the third quality, at fifteen millings.

Pine barren lands adjoining or contiguous thereto, feven millings.

Salt marfh, at four Ihilllings.

High river fwamp or low grounds (including iflands) cultivated or uncultivated,

including fuch as are commonly called fecond low grounds, lying above Aber-

corn, and as high as the mouth of M'Bean's Creek, on Savannah River, of the

firft quality at two pounds twelve {hillings.

Of the {econd quality, one pound ten millings.

Of the third quality, fifteen {hillings.

^

High river fwamp or low grounds (including iflands) cultivated or uncultivated, in

cluding fuch as are commonly called fecond low grounds, lying above M'Bean's

Creek, and as high as the mouth of Rae's Creek, of the firft quality, three pounds

fifteen {hillings.

Of the fecond quality, two pounds twelve {hillings.

Of the third quality, one pound two {hillings.

High river fwamp (including iflands) cultivated and uncultivated, from the mouih

of Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the

firft quality, two pounds one {hilling.

Of the fecond quality $ one pound two millings.

Of the third quality, feven {hillings.

. . -'

All oak and hickory land (including iflands) cultivated and uncultivated, from the

mouth of Rae's Creek, to the mouth of Broad River, within one mile of Savan

nah River, of the firft quality, fifteen millings.

Of the fecond quality, feven {hillings.

Of the third quality, four millings.

, A1J oak and hickory land (including iflands) cultivated or uncultivated, from the

mouth of Broad River up the Savannah River, within one mile of the fame3 and

TAX.



467

along the northernmoft ftream thereof (commonly called fcebwee) to the marked line on the fa id ftream, of the fir ft quality, at eleven [hillings.

Of the fecond quality, at fix fhillings.

Of the third quality, at three fhillings. All oak and hickory land (iucluding. iflands) cultivated or uncultivated, from the
mouth of Tugalo River to the faid marked line, of the firft quality, at eleven

{hillings. Of the fecond quality, at fix fhillings.

Of the third quality, at three millings. All oak and hickory lands (including ifJands) cultivated or uncultivated, from the
mouth of Broad River to the marked line or head thereof, of the firft quality at

eleven (hillings.

Of the fecond quality, at fix {hillings.

Of the third quality, at three {hillings. All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
including fuch areas commonly called fecond low grounds,lying above fort Argykj to the mouth of Buckhead Creek on the river Ogechee, of the firft quality, at

nineteen fhillings.

Of the fecond quality, at eleven fhillings.

Of the third quality, at four {hillings.

All oak and hickory land (including iflands) cultivated or uncultivated, from the

mouth of Buckhead Creek to the head of Ogechee River, of the firft quality, at

fifteen {hillings.



Of the fecond quality, at feven millings*

Of the third quality, at four fhillings. All high river fwEirp or low gioundt. (including iflands) cultivated or uncultivated, im
eluding fuch as are commonly called fecond low grounds, from Cathead on the river Alaitmaha, to the mouth of Oconce River, of the firft quality, at one pound

two {hillings.

Of the fecond quality, at eleven fhiliings.

Of the third quality, at four {hillings.

:

All high river f\v;:mp or low grounds (including iflands) cultivated or uncultivated}

including fuch as are comtronly called fccond low grounds, from the mouth of Oco^-

nee River along the northern and foulhern ft/reams, and on the north fide of the

Indian boundary line, of the firft quality,'at thirty {hillings.

Of the fecond quality, at fifteen {hillings.

Of the third quality, at four {hillings. All oak and hickory land (including iflands) above the flowing of the tide on all the
rivers from Cathead, on the river Alaumaha, to the river'St. Mary's, inclufivej to the marked line, of the firft quality, at feven fhillings.

Of the fecond quality, at four {hillings/

Of the third quality, at two {hillings.

All other oak and hickory land throughout theftate, of the firft quality, at eleven {hillings*

Of the fecond quality, at fix {hillings.

'

'

Of the third quality, at three {hillings, All other pine land throughout the {late, at two fhillingSi AH lands on the fea-ifiands, or lying on or contiguous to the fea-fhore, ufually cul
tivated, or capable of cultivation in corn or indigo, of the firft quality, at two

pounds five {hillings.

3

'468

TAX.

Of the fecond quality, at one pound two {hillings.
Of the third quality, at' eleven Shillings. Taxonaiifrea 2 ' ^'^ ^ e lt enatted by the authority aforefaid, That the fum of five {hillings fhalf ionle. whLtcl)""b e levied on all free male white perfons from the age of twenty-one years and uponnegroea. wards in this ftate, and the fum of five millings on all negroes and other Haves whatfooniots,&e. ever, within the limits of the fame, and the fum of twelve {hillings and fixpence
for every one hundred pounds value of every lot, wharf or other lands, and on all buildings within the limits of any town, village or borough within this date, and the'-onwrriagcs. fum of two pounds upon every four-wheeled, and the fum of one pound upon eve ry two-wheeled carriage, except waggons, carts and drays, and the fum of five fhileaftcencgroes. lings upon all male free negroes, mulattoes and muftizoes, from twenty-one to fixty years of age, over and above any taxable property thay may be pofjeffed of, and on stock m tne ^Lim ^ twe 've {hillings and fixpence for every one hundred pounds value of ^profession,. evQry perfon's ftock in trade, of perfons in trade, fhopkeepers and others, to be gi ven in upon oath, and the fum of four pounds on every practitioner of phyfic oc law, and the fum of four pounds on all faflors, brokers and vendue mafters throughEreviso. out this ftate : Provided neverihelefs, That in cales of extreme indigence or infirmity the fuperior court of each county mall be, and they are hereby empowered to remit the poll tax upon fuch indigent or infirm perfon claiming fu-ch indulgence, jamii in what 3* And be it further enacied by the authority aforefaid, That in cafe difficulty mail S'u tobe arile in the mind of any perfon with refpeft to the clafling of bis lands or valuing his buildings, then and in that cafe, it (hall and may be lawful for fuch perfon to- call in three freeholders, who fhall value and clafs the fame, and their certificate mall be received by the receiver as the value and refpeftive clafles ofthe fame : Provided, it {hall ap pear to the receiver that fuch freeholders have been qualified by a juftice for that purpole. Doubietaxon 4. And be it further enabled by the authority aforefaid, That all perfons of the age imS" en '' of twenty-one years, holding lands within this ftate, who {hall not refide in the limits of the fame, or cultivate and improve his faid lands in manner as is herein-. after mentioned, fhall be doubly taxed, that is to fay, that the (urn of twenty. five . {hillings for every one hundred pounds value of all lands within this ftate, fhall be levied on all fuch property by the collectors herein after particularly -named : Proviproviso. efi neverthelefs^ That no member of congrefs or any other perfon fent from with out the limits of the ftate by public authority, {hall be fubjecl: to the foregoing douI'toviso. ble tax: And provided, That if any perfon or perfons who {hall be citizens or reficuitiration. dents in any one of the United States, {hall cultivate and improve the lands which he or they hold in this ftate, at the rate of three acres for every one hundred acres thereof, the fame {ball be deemed. a -fufficient cultivation and improvement to excufe him or them from the double tax within the meaning of this aft. A double tax jhall be alfo laid for all uncultivated lands held by any one individual, whether refident or non-refident, over and above two thoufand acres; but a cultivation and improvement aforefaid, at the rate of three acres for every hundred acres of land iTovias. fuch individual poffeffes, fhall be fufficient to excufe fuch individual from the doubletax aforefaid: Provided, fuch cultivation be particularly fpecified and made a part of the return on oath.
5. And whereas, doubts may arife in determining what {hall be deemed a lawful what shaii be cultivation of fuch traft or trafts of land, as to exempt the proprietor or proprietors vS''' 011 "' from a double tax: Be it therefore enaQed by the authority aforefaid, That all cleared
land under a good fence or enclofure for pafturage, or planted annually in any man ner whatever, either by ploughing or hoing, fhall be deemed a cultivation, and no other,,

TAX.

469

6. And be it enattal 'by the authority a/orefaid, That the mode of collecting Receivers^ the taxes fhall be as follows: each militia company fhall form 1 one diftrict. The fu-11'0'1;:1?11,.^1" pcrior court at the ftated fpring term fhall appoint a magiftrate or fome other difcreet perfon in each diftrict, to receive the returns of taxable property in each diitiict: And the clerks of the refpective courts fhall, within twelve days after fuch cierks, ttet appointment, give notice thereof to the pcrfons appointed receivers, under the pe- "ty> nalty of one hundred pounds in cafe fuch notice is not given: And the receiver fo appointed, and after being notified as above, fhall be, and they are hereby required, under the penalty of one hundred pounds, within twelve days from the time of his Penalty famebeing fo notified, to fignify to one of the affiftant juftices of the county his refufal ""'' of the faid office, or {hall appear before him and take the following oath : " I, A. B. neivsr'<t!t, do folemnly promife and {'wear, that I will truly and faithfully perform the duty of receiver of returns of taxable property in the diftrict to which I am appointed." In cafe the perfon fo appointed fhall fignify his refufal, or, the clerk fhail neglect to give notice as above, the faid affiftant juftice fhall fend out his fummon to form a court within ten days, who fhall take fuchmeafures as they may find neceflary to procure, and before them at faid meeting duly qualify as above, fome difcreet perfon to do faid duty. Provided^ the lame fhall not exceed the expence of three pounds, which the ^ova*, faid court fhail aflefs on the faid diftrict, to be noted in the return of the faid receiver, and collected in the general tax : And it fhall be the duty of the receivers fo appoint ed to give notice by advertifement to the inhabitants of the diftrict of the time when they are to bring in their .returns, at leaft ten days before the time appointed; hefhali make out a return, including the whole fo received by him, and alfo all the taxable pro perty of non-refidents and fuch defaulters as neglect or refufe to make their returns within his diftrict, and tranfmit the fame to the clerk of the county on or before the firft day of July, and fhall at the fame time give in an account on oath of his taxable property, and publifh, within one month thereafter, in the gazette, the names of all fuch as have refufed or neglected to give in their returns agreeably to law, under the penalty of fifty pounds for his neglect; and the faid receivers fhall be entitled to re ceive onefhilling for each return in his diftrict, to be allowed by the court, and cre dited on the tax of fuch receiver or his order in full compenfation for his trou ble. The clerk of the court fhall digeft the whole into one general return, agreea bly to the form annexed to this act, containing a ftate of the taxable property of the whole county, one copy of which he fhall tranfmit to the treafurer of the flate, and another to the collector of the faid county appointed by this act, and one fliall be kept in his office for the free infpection of the inhabitants; and he fhall . be paid for his trouble the fum of one penny for every perfon returning his tax, to be paid by the collector as aforefaid. The returns of the receivers in the i'everal diftricts fliall be laid before the next fuperior court.of the counties to which they are returned for their infpection, and the grand jury for the county fliall parti- coiMiorsto cularly ixprefs their fentiments thereon. The collector, before he enters upon the Ku0y"d an duties of his office, fhall give bond, with good and fufficient fecurity, in a fum not exceeding, for the county of Chatham, eight thoufand pounds; for the county of Efh'ngham, two thoufand pounds; for the county of Burke, four thoufand pounds; for the county of Richmond, five thoufand pounds; for the county of Wilkes, eight thoufand pounds; for the county of Liberty, five thoufand pounds; for the county of Glynn, one thoufand pounds; for the county of Camden, two thoufand pounds; for the county of Washington, two thoufand pounds; for the county of Franklin, one thoufand pounds; for the county of Greene, one thoufand pounds; to his ho
nor the governor for the time being and his fuccedbrs in office, to be taken by the

470

TAX,

fuperior court for the county, or one of the a Hi (taut juflices of fuch county, for the faithful performance of the duties of the faid office, and (hall take the following Amuaketius oath: " I, A. B. appointed colleQor of taxes of the county of--------, do fovSmcics. lemnly fwear, that I will faithfully diicharge the duties required of me by law." And in cafe of the death, or refufal, or neglect of fuch collector to enter into fuch bond, or take fuch oath, then, his honor the governor in council is hereby authorized and required to appoint fome other perfon willing to accept the fame, whbxfhall, in man ner required by this act, enter into bond, and be vefted with all the powers given to the collectors herein after appointed. The collector fhall attend in each diftrict of the county for the purpofe of receiving the taxes, and fhall give notice in each diftrict by public advertifement at leaft fifteen days before, of the time and place where he fhall give fuch attendance; and if any collector fhall prefume to execute the faid office without having given bond and f'ecurity as aforcfaid, fuch collector ihall forfeit and pay the fum of one hundred pounds for every fuch offence, to be recovered by any perfon who fhall inform and fue for the fame. Their bonds to 7' And, le it further enabled. That all bonds and fecurities given by the collectors ueasura.'1'6 appointed by or in pursuance of this act, fhall be tranfmitted by the perfon taking the fame to the treasurer, on or before the fir 11 day of January next, under the penalty of five hundred pounds for every neglect, or refufal. Returns.if tax- 8. And be it alfo>cnaf:hd by the authority aforefaid, That all perfons whatfoever, tohc'maEw who are poffeffed of any lauds granted to, or furveyed for any perfon or perfons, flaves, or carriages, either in their own right or in the right of any other perfon, or are liable to pay any other tax by virtue of this act, fhall on or before the fir ft day of June next, render a particular account thereof in writing upon oath or affirmation, letting forth in what county the faid lands and flaves are to the beft of his, her or their knowledge, to the receiver in the diftrict where fuch perfons refides, at fuch time and place as the faid receiver fhalljdirect and appoint for the doing thereof, fo that the fame be done on or before the fir ft day of June aforefaid; which oath or affirmation fhall be T!ieor.tu. in the words following : (' I, A. B. do fblemnly fwear (or affirm as the cafe may be) that the account which! now give in is a juft and true account of the quantity and qua lity of the lands granted to, or furveyed for me of which I was pofleffed, held or laid, claim to, on the firft day of April, one thoufand (even hundred and cighty-feven, and of the number of all flaves, riding carriages, Rock in trade, or of any other taxa* ble property of which I was then poffeffed, interested in or entitled unto, either in my own right or in the right of any other perfon or perfons whatfbever, as guardian, exe- tutor, attorney, agent or truftee, or in'any other manner whatfoever, according to the bcft of my knowledge, inforrnation and belief; and that I will give,a juft and true anfwer to all lawful queftions that may be afked me touching the fame; and this I declare without any equivocation or mental refer vation whatfoever. So help me God." Which oath or affirmation the faid receivers fo appointed are hereby duly authorized; enjoined and required to adminilter.
9. And to the intent, that the lands in this Rate, may be truly and faithfully returnteMiiyforccH-ed and in the name of thereat owner or proprietor of the fame, B.e it enabled, That ftfJcretirn. if any perfon fhall be guilty of neglecting or refufing to give in a return of his taxable
property, or fhall return the fame or any part thereof in the name of another or ficti tious perfon, and be thereof convicted before any .court proper tojry the fame, he fhall be liable to pay to the clerk of the county, a fine of ten pounds for every hundred; pounds valuation fo neglected or concealed, one moiety thereof for the ufe of the county under the direction of the faid court; and the other moiety to. the informer o,^

TAX.

47 1

informers ; and (hall 31 Co loTe his free law for fuch time, as he had fo concealed his

property, year for year, and fhall for fuch time be deprived of the privilege of vo

ting at elections or hearing any part in' that government which he had thus refufed to

fupport.

'

-

10. And-whereas there arc clivers tracts of land and (laves in this, (late, held, owned Mimn^tms.-

or claimed by perfons not residents here, who pay no tax or other charges towards "^J;1,1,TM^

the fupport of the government of this ftate: Be it therefore enabled by the authority "^'uws.

aforefaid, That all attornies and truftces of or for any perfon or perfons living without

the limits of this ftate, fhall make due and true returns to the receiver in the diftrift.

where fuch attorney or truftee lives or re fides as aforefaid, of all lands and (laves be

longing to fuch abfent perfons for whom they were attornies or truftecs,?nd (hat fuch

attornies or truftees (hall be fubjeft and liable to pay the tax to become due by virtue

of this aft, or which is due by any former tax afts for fuch lands and (laves, outof.his

or their own prop eredates; notwithstanding fuch attorney or irj flee may renounce or dif-

claim acting as fuch before the faid tax is levied, unleis fiich attorney (hall make oath

before the receivers refpeftively, that he hath bona fide renounced his power and at- ^fTM,1.,"TM,

torneyfliip before the payment of the faid tax became due, without having done it on-ath -

ly with an intent to avoid the payment of the faid tax: Provided always, That if proviso.

inch attorney fhall, within one year next after fuch oath made, again become attor

ney or truftee for fuch abfent perfon, or aft as fuch, every fuch attorney (hall be lia

ble to pay the faid" tax as is herein before direfted, any thing herein before contained

to the contrary thereof notwithstanding; and for levying whereof the fame remedies

(hall be and are hereby given as for levying the tax to become due by virtue of this

aft on the proper eftate of fuch attorney or truftee.

it. And be it alfo enafied by the authority aforefaid, That in cafe any trafts of^-*;,*1'-^

land fhall be found by the receivers to belong to any perfon or perfons living or re-^jJ.J'r^wto

(iding out of the limits of this ftate, and who have no attorney or attornies, truftee

or truftees, legally conftituted in this ftate or which have not been returned to any

of the receivers appointed for the counties where the lands lie, then and in fuch cafe,

the receivers (hall be and they are hereby authorized and required to charge the faid

lands for the payment of the tax herein impofed according to the quantity and qua

lity thereof, and for all taxes due by virtue of any former tax aft, rateably and pro-

portionably, according to the quantity of acres, as if the fame were in the actual

poffeffion of fome perfon or perfons living or refiding in this ftate and forthwith

for three fucceffive weeks, to publifh and give notice of fuch theirchargeand afleffment

in the gazette, and in cafe of non-payment of the faid taxes, the faid lands (hall thereaf

ter be liable to a double tax, and to be proceeded againft by attachment as herein af- Double tax.

ter mentioned.

12. And be it further enacled by the authority aforefaid, That it fhall be the duty J^,,1^;,*0

of the fherifFs of the feveral counties in this ftate, to colleft the taxes impofed by

this aft, and that the fecretary be inftrufted to furnifh the merifFs with the neceflTary acts

to enable the different receivers to proceed on their appointments, and the flier iffs for

the time being (hall complete their collections notwithftanding they may not be re-

chofen at the enfuing election.

13. And be it alfo enabled by the authority aforefaid, That all perfons whofoever, when-to be

who are poffefled of any lands or (laves in this ftate, in their own right or in the paid'

right of others, or any wife liable to pay tax by virtue of this aft, fhall pay in their

taxes to the feveral perfons appointed to receive the fame, on or before the fifteenth

day of November next ; enfuingj and the collector (hall give a receipt if required, to

47%

'

TAX.

the perfon paying the fame, and for that purpofb the collectors fhail give regular at.

tendance in eachdiftrict in their refpeftive counties; andif at the expiration of the

faid fifteenth day of No vein her atiy perfon or per Ions fhall ftill be in default, the col-

ooodsand lector fhall immediately proceed againft fuch defaulter or defaulters, by did re Is and

r"if,'ifto'i?e fa!e of the goods and chattels, if to be found, otherwifc on the lands of fuch defaul-

ivwciand. 1" ter or defaulters, or fo much thereof as will pay the whole amount of taxes due with

cofls, firft giving five days' notice thereof by public advertifemen't ; and the faid col-

. lectors for thefevcral counties respectively within this ftate, fhall on or before the fif

teenth day of January, one thouiand {'even hundred and eighty-eight, clofe their ac

counts and deliver the fame on oath to the treafurer for the time being, and after

deducting two and an half per centum cofnmiffions, pay to the faid treafurer all fuch

monies as fhall be by fuch collectors received in purfuance ofthis act.

- *4- -Audle it a Ifo K'liaclcdly the authority aforefaid, That any perfon-fo neglecting

" or refufing to give in his or her account of the lands, or flaves, or other taxable pro-

perty, or any part thereof, to the receivers aforefaid refpectively, at fuch time and

place as they fhall appoint agreeably to this act, he orfhe fhall be deemed a default*

cr, and fhall be taxed in double the fum which would have been due had the fame

been returned agreeably to this act; the receivers fhall ufe their utrripft diligence

to difcover and return any taxable property fo concealed, for which fuch receivers or

other perfon who fhall thus detect fuch defaulter fhall be entitled to receive of the col

lector one half of the double tax fo recovered of fuch defaulter.

raxes, prefer- jg. ^nd be it alp enutted by the aulhorily aforefaid, That the taxes impofed by

Kimitanccs. this act fhall be preferred to all fccurities and encumbrances whatever, and that in cafe

any perfon fhall die between the time of giving in his or her account to the faid.re

ceivers, and the paying of his or her tax, and any goods or chattels of the deceafed

to the value of the fum fo taxed fhall come into the hands of his or her executor or

*m!nlstrator'adminiftrator, or any executor in his own wrong, fuch executor or adminiRrator

fhall pay the fame by the time limited, prior to all judgments, mortgages or debts

whatfoevcr, or othei wife a warrant of execution fhall iffue a gain ft the proper goods

of fuch executor or adminiftrator; and if any perfon between the time of rendering

the account of his or her cftate to the receiver aforefaid, and the time of paying in

persons about his, her or i.lieir tax, fhall be about to depart the county in which he lives, the faid col-

"""" lector is hereby directed and required forthwith to levy the fame, notwithstanding

the day of payment is not already come; unlcfs fuch perfon will find fecurity to the

liking of the collector for the payment thereof at the time of payment.

Deeds, &F.

16, And be it alfo cnaBed by the authority aforefauL That all deeds of sift, convev-

trrimmiltcaxto.tervaaud-e ances, mortgages, f,a/,te*, andi amIT snments orrilandis andi tenements, poodis a'"n' di chi attel\s,

vdeui<lri-iit and of any' per (ron wihatever, mad1 e -w1 ith an i ntent to avoi-di payi- ngithe tax, are i hei reby

deemed and declared null and void; and in cafe any perfon who has bona fide mort

gaged any part of his eftate real or perfonal, fhall vcfufc or neglect to pay the tax for

the fame, the mortgagee fhall be anfwerable and liable to pay the lame. Provided,

rrpyiso,. That iuch eftate fhall be in poffeffion of faid mortgagee.

Exeaitbmsa. iy. A nd be it further enabled by ill c authority aforefaid, That the treafurer for

gnstcrf.c.,:. ^ tj me being, be and he is hereby empowered and required to grant execution;

again ft all former collcctqrs of taxes who may be defaulter;-;, immediately after the

rv;w. paifing of,this act. Provided no executions mall iffue againft the collectors for the

year one thoufand feveri hundred and eighty fix, until the firft day of May; nor

aain!l the collectors for the tax impofed by this act, until the fifteenth day of

January next,

TAX.

473

18. Whereas, by a law patted the thirtieth of February, one thoufand feven hun

dred and eighty-fix, it is made the duty of the receivers to return of the perfons of

every age, fex and condition within his diftriB, which from unavoidable delays has

not yet been carried into full efFecl: Be it enabled by the authority aforefaid, That Further time

further time be given until the firft day of June next to complete fuch return; and pieS't'w"^,-

any perfon who fhall neglecl or refufe to comply in the manner pointed out in faidTM rei""'

aft, by the faid firft day of June next, fhall be liable to the fine therein impofed, to

be fued for and recovered agreeably to faid al.

iq, And be it further enabled, That all taxes impofed by this aft, fhall be paid fa* to bepaw. andi received. in gol1d1 and-iunlver coin, or i-nI'blillls orr credvit emi-tt1ed1by vi rtue orr an acCtL } &'"c.M> silver,

entitled " An act for emitting the fum of fifty thoufand pounds."

By order of the Houfe.

'

WILLIAM GIBBONS, Speaker.

Augufta, February 10, 1787=

a e

An allfor laying a tax for the year one thoufandfeven hundred and eighty-eight:

i. T> E IT ENACTED by the reprefentatives of the freemen of the /late of

JO gia in General Ajfembly met, and by the authority of the fame, That a tax of or'suvveyJa, '

twelve {hillings and fixpence for every hundred pounds value of all lands within this ftate granted to, or furveyed for any perfon, as fuch lands lhall be eflimatecl, fliall be

Jevied on the fame according to the following mode, viz.

All tide fwamp (including iflands) cultivated or uncultivated, fiiall be ratediar t rour pobundis l,-eventeen mn i-l1l1i-ngs per acre.

of

the

firft

quality. Lands classed & /' rtoateqduaalcitcyo.rding

Of the fecond quality, three pounds.



Of the third quality, one pound feventeen fhillings.

All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three miles of water carriage, fifteen millings.

All prime inland fwamp, cultivated or uncultivated, at an average of three pounds feven fhillings.

Of the fecond quality, one pound feventeen fhillings.

Of the third quality, at fifteen fhillings.

All pine barren lands adjoining or contiguous thereto, feven fhillings. Saltmarfh, at four {hillings.

High river fwamp or low grounds (including iflands) cultivated or uncultivated (in cluding fuch as are commonly called fecond low grounds) lying above Abercorne,

and as high as the mouth of M'Bean's Creek on Savannah River,, two pounds twelve fhillings.

Of the fecond quality, one pound ten fhillings,

Of the third quality, fifteen fhillings.

High river fwamp or low grounds (including iflands) cultivated or uncultivated (in

cluding fuch as are commonly called fecond low grounds) lying above M'Bean's

Creek, and as high as the mouth of Rae's Creek, of the firft quality, three pounds

rrimp een mn-iili*lings,

"

-A

/'A

30 '

447

TAX.

Of .the {econd quality, two pounds twelve {hillings, Of the third quality, one pound two Shillings. High river fwamp (including iflands) cultivated or uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the firll quality, two pounds one (hilling. Of the fecond quality, one pound two {hillings.
Of the third quality, feven [hillings. All oak and hickory lands (including iflands) cultivated or 'uncultivated, frora
the mouth of Rae's Creek to the mouth'of Broad River, within one mile of Sa vannah River, of the firft quality, fifteen {hillings. Of the fecond quality, feven {hillings. Of the third quality, four {hillings. All oak and hickory lands (including iflands) cultivated or uncultivated, from the mouth of Broad River, up Savannah River within one mile of the fame, and up the Tugalo River to the marked line on faid {bream, of the firft quality, at eleven
{hillings. Of the fecond quality, at five fliillings. Of the third quality, atthree {hillings. All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, to the marked line or head thereof, of the firft quality,
eleven fliillings. Of the fecond quality, at fix {hillings. Of the third quality, at three {hillings. All high river fwamp or low grounds, (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low ground, .lying above Fort Argyle to the mouth of Buck-head Creek on the river Ogechee, of the firft quality,
nineteen fliillings. Of the fecond quality, at eleven {hillings. Of the third quality, at four {hillings. AH oak and hickory lands (including iflands) cultivated or uncultivated,from the mouth
of Buck-head Creek to the head of Ogechee, of the firft quality, atfifteen {hillings, Of the fecond quality, at feven fliillings.
Of the third quality, at four {hillings. AH high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee, of the firft quality, at
fifteen {hillings. Of the fecond quality, at feven fliillings. Of the third quality, at four fliillings. ,A11 high river fwamp or low grounds (including iflands) cultivated or uncultivated s
fuch as are commonly called fecond low grounds, from Cathead, in the river Alatamaha, to the mouth of Oconee River, of the firft quality, at one pound two
{hillings. Of the fecond quality, at eleven fliillings. Of the third quality, at four fliillings. All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, from the mouth of Oconee River, along the northern ftreauis, and on the north fide of the Indian

TAX.

475-

boundary line to the confluence of the Oconee and Appalachee3 or fouth fork, of the firft quality, at thirty Shillings. OF the fecond quality, at fifteen {hillings. Of the third quality, at four fhillings.
All river fwamp (including iflands) cultivated or uncultivated, from the confluence of the Oconee and Appalachee River, upwards, on the north fide of the Indian boundary line, of the firft quality, at twenty (hillings.
Of the fecond quality, twelve {hillings and fixpence. Of the third quality, feven {hillings.
All oak and hickory lands (including iflands) above the flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to the river St. Mary's, inclunve, to the marked line, of the firft quality, at feven {hillings.
Of the fecond quality, at four fhillings. Of the third quality, at two {hillings.
All other oak and hickory lands throughout this ftatej of the firft qualitys at eleven {hillings.
Of the fecond quality, at fix {hillings. Of the third quality, at three {hillings. All other pine lands throughout the ftate, at two fhillings.
All lands on the fea iflands, or lying on or contiguous to the feafhore, ufually cultiva ted or capable of cultivation in corn or indigo, of the firft quality, at two pounds five {hillings.
Of the fecond quality, at one pound two {hillings. Of the third quality, at eleven fhillings.
2. And be it enaffed by the authority aforefaid. That the fum of five fhillines fhall -mon free . be,le. vi, ed on al,l, frree wihi te malie perfi-ons frrom thi e age orr twenty-one years andi upwardis msoanlse, white per in this ftate, and the fum of five {hillings on all negroes, and other flaves whatfoever," within the limits of the fame; and the fum of twelve fhillings and fixpence Lots; for every one hundred pounds value of every lot, wharf or other lands, and on all buildings within the limits of any town, village or borough within this ftate; and the carriage*, fum of eighty fhillings on every four-wheeled, and the fum of forty fhillings on eve ry two-wheeled carriage, (except waggons, carts, and drays;) and the fum of five FreeneEtoe., fhillings upon all male free negroes, mulattoes and muftizoes, from twenty-one to &Ci fixty years of age, over and above any taxable property they may be pofleffed of; and the fum of twelve fhillings and fixpence for every one hundred pounds value of stock in trade.
every perfon's flock in trade, of perfons in trade, fhopkeepers and others, to be given in upon oath; and the fum of five pounds upon every practitioner of law and phy-Lawye,&c. fie; and the fum of five pounds on all fa&ors, brokers and vendue matters through out this ftate: Provided neverthekfs, That in cafes of extreme indigence or infirmity, Provis, the fuperior court of each county fhall be and they are hereby empowered to remit the poll tax upon fuch indigent or infirm perfon claiming fuch indulgence.
3. And be it , enabled by the authority aforefaid, That in cafe difficulty fhallanfe,,ands, in. wh,f in the mind of any perfon with refped to the claffing of his land, or valuing his build- ilS t6be ings, then and in that cafe, it fhall and may be lawful for fuch perfon to call in three freeholders, who fhall value and clafs the fame, and their certificate fhall be received by the receiver, as the value and refpeftive claffes of the fame : Provided, it fhall ap- Pl9Vii, pear to the receiver that fuch freeholders have been qualified by a juftice for that purpofe.

4/6

TAX.

!wo!Stol>c 4. And be i'k enattecl by the authority aforefaid, That the mode of collecting the tax es fhall be as follows : each militia company (hall form one diftricl, the fuoerior court at. the ft.at.ed fpring term, {hall appoint a magiftrate, or fome other difcreet per ion in each''diftricl, to receive the returns of taxable property in fuch diftrit, and the clerks of the refpective courts fliall, within twelve days after fuch appointments, give notice thereof to the perfons appointed receivers, under the penalty of one hundred pounds, in cafe fuch notice is not given, and the receivers fo appointed, and after being noti fied as above, ihall be and they are hereby required, under the penalty of one hun dred pounds, within twelve days from the time of his being notified, to fignify to one of the affiftant juftices of the county of hisrefufal of the faid office, or mail appear
riidr oath, before him and take the following oath: li I, A.E. do folemnly promife and {'wear, that I will truly and faithfully perform the duty of receiver of returns of taxable property in the diftricl. to which I am appointed." In cafe the perfon fo appointed ihall fignify his rcfufal, or the clerk neglecl to give notice as above, -the faid afiiftant juftice fhall fend out his fuinmons to form a court within ten days, who {hall take fuch meafures as they may findneceifary to procure, and before them at'faid meeting duly
fravide. qualify as above, fome difcreet perfon to do faid duty: Provided, the fame {hall not exceed the expence of three pounds, which the faid court {hall affefs on the laid diftricl, to be noted in the return of the faid receivers, and collected in the general tax. And it {hall be the duty of the receiver appointed to give notice by advertlfement to the inhabitants of the diftrict, when they are to bring in their returns, at leaft ten days before the time appointed; he {hall make out a.return, including the whole fo received by him, and alfo the taxable property of non-refidents, and fuch default ers as neglect or refufe to make their returns within his diftrict, and tranfmit the lame to the regifter of probates of each county, on or before the firft day of July, and {hall at the fame time give an account on oath of ihe taxable property, and publifh within one month thereafter in the gazette, the names of all fuch as have refufed or neglefted to give in their returns agreeable to law, under the penalty of fifty pounds for his negleQ; and the faid receiver fhall be entitled to receive one {lulling for each return in his diftricl:, to be allowed by the court, and credited on the tax of ^uc'n receiver or his order, in full compenfation for his trouble. The regifter of probates fliall digeft the whole into one general return, agreeable to the form annex ed to this aft, containing a ftate of the taxable property of the whole county and the amount thereof; one copy of which he mall tranfmit to the trcafurer of the ftate, and another to the collector of the faid county appointed by this at, and one {hall be kept in his office, for the free infpeflion of the inhabitants; and he {hall be paid for his trouble the fum of threepence for every perfon returning his tax, to be paid by the collector as aforefaicl. The returns of the receivers in the feveral diftrifts fliall be laid before ihe next fuperior court of the county to which they are returned for their infpetion, and the grand jury for the county {hall particularly exprefs their fentiments thereon; the collector, before he enters upon the duties of his office, fliall give
shaii bond witli good and fuflicient fecurity in a fum not exceeding, for the county of Cbatdbeham, eight thoufand pounds; for the county of Effingharn, two thoufand pounds ;
for the county of Biyke, four thoufand pounds; for the county of Richmond, five thoufand pounds; for the county of Wilkes, eight thoufand pounds ; for the county of Liberty, five thoufand pounds; for the county of Glynn, one thoufand pounds; for the county of Camden, two thoufand pounds; for the county of Wafliington 2 two thoufand pounds; for the county of Franklin, one thoufand pounds; and for
the county of Greene, one thoufand pounds; to his honor the governor for the time

TAX.
being, and his fucccffors in office, to be taken by the iuperior court f6r the comny, or one of the affiftant juftices of fuch county, for the faithful performance of the duties of the. (aid office, and {hall take the following oath : " I, A. B. appointed Tllt!l , , collector of taxes for the county of --'----, do folemnly fwear, that I will faithfully dii'charge the duties required of me by law." And in cafe of the death, refufal, or neglect of fuch collector to enter into fuch bond and take fuch oath, then his honor the governor in council is hereby authorized and required to appoint forne other perfou willing to accept the fame, who {hall, in manner required by this act, enter into bond, and be vefted with all the powers of this act given to die collectors herein after/ap pointed. The collector Coal! attend in each diflrict of the county, for the purpofe of receiving the taxes, and (hall give notice in luch diflrict by public advertisement, at leaft fifteen days before, of the time and place where he fhall give fuch attendance: And if any collector (hall p re fume to execute the faid office without having given bond and fecurity asaforefaid, fuch collector mall forfeit and pay the fum of one hundred pounds for each perfon's tax he mall receive, to be recovered by any perfon who mail inform and fue for the fame.
5. And be it en a. Bed by the authority aforefaid, That all bonds and fecurkies given Their bnmist. by the collectors appointed by or in purfuance of this act fliall be tranfmitted by the treasurer" perfon taking the fame to the treasurer, on or before the firft day of January next, un der the penalty of five hundred pounds, for every neglect or refufal.
6. And be, it cnaBcd by the authority aforefaid, That all perfons whatfoever, who Returns to be are po{Felled of any lands granted to or furveyed for any perfon or perfons, Oaves or carnage, either in their own right, or in the right of any other perfon, or are liable to pay any other tax by virtue of this act, {hall on or before the firft day of June next, render a particular account thereof in writing upon oath or affirmation, fetting forth in what county the faid lands and {laves are, to the beft of his, her or their knowledge, to the receiver in the diftrict where fuch perfon refides, at fuch time and place as the faid receiver fhall direct and appoint for the doing thereof, fo that the fame be done on or before the firft day of June aforefaid, which oath or affirmation fhall be in the words following : " I, A. B. do folemnly fwear (or affirm as the cafe may be)that the ac--Formthereof, count which I now give in, is a juft and true account of the quantity and quality of the lands granted to or furveyed for me, of which I was pofleffed, held or claimed on the firft day of April, one thoufand {even hundred and eighty-eight, and of the number of all flavcs, riding carriages, ftock in trade, or any other taxable property, of which I was then poflefTed interefted in, or entitled unto, either in my own right, or in the right of any other perfon or perfons whatfoever ; as guardian, executor, attorney, agent or truftee, or in any other manner whatever, according to the beft of my knowledge, information and belief, and that I will give a juft and true anfwer to all lawful queftions that may be afked me, touching the fame, and this I declare without any equivo cation or mental refervation whatfoever. So help me God." Which oath or affir mation the {aid receivers fb appointed are hereby duly authorized, enjoined and re quired to adminifter.
y. JE ^ ^ gwa^gj, That if any perfon fliall be guilty of neglecting or refuting to give in a return of his taxable property, or fhall be convicted of fraud or making a i?Eormki falfe return, he fliall be liable to pay to the clerk of the county a fine often pounds for^iTM every hundred pounds valuation fo neglected or concealed, one moiety thereof for the ufe of the county under the directions of faid court, andthe other moiety to the infor mer or informers, and {hall lofe his free law for fuch time as he had concealed his pro.perty, year for year, and fhall for fuch time be deprived of the privilege of voting at

478

TAX-.

eleftions or bearing any part in that government which he had tims refufed to fupport,, 8. And whereas there are divers trafts of land and (laves in this Mate, held, owned or
claimed by perlbns riot refident here, who pay no tax or other charge towards the government of this ftate. Be it therefore enacted, That all attornies and truftees, of Attornies, cms- or for any perfon or perfons living without the limits of this ftate, ft all make due and tmeeas,k&^rce. utmo i^ true retur'ns* to th. e recei ver i n, th, e d|.ilntncr\t wihere lruch< attorney or trufntee lives or re^ct|fthdr fides as aforefaid, of all lands and {laves belonging to fuch abfent perfon, for whom they are attornies or truftees, and that fuch attornies or truftees. (hall be fubjeft and liable to pay the tax to become due by virtueof this aft, or which is due by any for mer tax afts, for fuch lands and (laves, out of his or their own proper eftates, notwithftanding fuch attorney or truftee may renounce or difclaim acting as fuch before the (aid taxis levied, unleis fuch attorney or truftee, mall make oath before the receivortenounc* ers refpcftively, that he hath bona Jide renounced his power and attorneyfnip before trartms o ^e payment of the (aid tax became due, without having done it only with an intention to avoid the payment of the faid tax; Provided always^ That if fuch attorney mail proviso. within one year next after fuch oath made, again become attorney OP truftee for fuch abfent perfon, or aft as fuch, every fuch attorney (hall be liable to pay the faid tax as is herein before directed, any thing herein before contained to the contrary notwithftanding, and for levying whereof the fame remedies (hall be, and are hereby giv en, as for levying the tax to become due by virtue of this aft, on the proper eftate of fuch attorney or truftee.
9. And be it alfo enaffed, That in cafe any trafts, of land fhall be found by the reland* notTM, ceivers to belong to any perfon or peribns living or redding out of the limits of this KhargedT to ftate, and who have no attorney or attornies, truftee or truftees legally conftituted in
this ftate, or which have not been returned to any of the receivers appointed for the counties where the land lies, then and in fuch cafe the receivers (hall be, and they are hereby authorized and required to charge the faid land for the payment of the tax herein impofed according to the quantity and quality thereof, and for all taxes due by virtue of any former tax aft ratably and proportionably according to the quantity of acres, as if the fame were in the aftual pofleffion of fome perfon or perfons, living, or refiding in this ftate, and forthwith, for three fucceffive weeks, to publifli and give notice of fuch their charge and afteffment in the gazette, and in cafe of non-payment of the faid taxes, the faid lands (hall thereafter be liable to a double tax and to be proSoubietax. ceeded againft by attachment as hereinafter mentioned.
10. And be it further enabled by the authority aforefaid, That the following percotieaorsap, fons be appointed collectors, viz. for the county of Chatham, Alexander Watts;. for pomteci. tjie county o f Erfingham, Jenkin Davis ; for the county of Burke, John Jones; for
the county of Richmond, Joel Barnett; for the county of Wilkes, Frederic Simsj for the county of Liberty, James M. Stewart; for the county of Glynn, John Pal mer; for the county of Camden, Nathaniel Aihley; for the county of Wafhington, Deoclefion Davis; for t.he county of Franklin, Thomas Payne; and for the county of Greene, John Swepfton. rax, when ana ii. And be it ciljo enabled by the authority aforefaid^ That all perfons whofoever w.vto epai . are po(Teffed of any lands or (laves in this ftate, in their own right or -in the right of
others, or any wife liable to pay tax by virtue of this aft, (hall pay in their taxes to the feveral perfons hereby appointed to receive the fame, on or before the fifteenth
day of November next enfuing, and the colleftor (hall give a receipt, if required, to the perfon paying the fame; and for that purpofe the colleftor dial! give regular attend
ance in each diftriftj in their refpeftive couiitiesj and if at, the expiration of the faid fif

TAX.

.479

teenthday of November, any perfon or perfons (hall be in default, the collector (hall

immediately proceed againft fuch defaulter or defaulters, by diftrefs and fale of the goods and chattels, if to be found, otherwife on the lands of fuch defaulter or default ers, or fo much thereof as will pay the whole amount of taxes due with cofts, firft giv ing five days' notice by advertifement, and the faid collectors for the feveral coun ties refpectively within this ftate {hall on or before the fifteenth day of January, one thoufand feven hundred and eighty-nine clofe their accounts and deliver the fame to the treafurer for the time being, and after deducting two and a half per centum commiffions, pay the faid treafurer all fuch monies as fhall be by fuch collectors received

in purfuance of this act. 12. And be it alfo enaffed by the authority aforefaid, That any perfon neglecting or f0e,^fu0^rs
refuting to give in his or her account of the lands and (laves, or other taxable proper- ^^ fals*

ty, or any part thereof, to the receivers aforefaid refpeclively, at fuch time and place as they fhall appoint agreeably to this act, he or (lie fhall be deemed a defaulter, and (hall be taxed in double the (Urn which would have been due had the fame been returned agreeably to this act. The receivers (hall ufe their utmoft diligence to difcover and re turn any taxable property fo concealed for which fuch receivers or any other perfon who (hall thus deleft fuch defaulter fhall be entitled to receive of the collector one half Doublets

of the double tax of fuch defaulter. 13. And be it enacted by the authority aforefaid, That whenever the collector (hall property in <i<*
difcover that any perfon has omitted to return any property, he (hall fummon three ault'

freeholders who fhall refide in the diftrict where fuch property fhall be found, to afcertain the value of the faid property, and to determine the amount of the double tax upon it, for which amount the collector is hereby empowered to levy in the man ner herein before mentioned. And to the intent that the lands may be faithfully re turned, and in the name of the real owners and proprietors of the fame, Be it enac ted, That when lands are not included in any tax return as aforefaid, it fhall and may be lawtul to give the fame in evidence in any court of law in this ftate, that fuch land vacntiand.

was vacant at that time. 14. And whereas, it has frequently happened, that between the day of receiving
the tax returns and the day appointed for die payment of the tax, many perfons have left the diftrict in which they refided, and have been returned by the fheriffs as de faulters who had no property upon which they could levy or diftrain : Be it therefore IIBolventllrt enabled by the authority aforefaid, That the fheriff mall be obliged to prove in a fa-

tisfactory manner, to the affiftant judges of the county in which he acts, the indigence

and inability of thofe whom he returns as defaulters without property.

IK. And be thi is acnt, mn all

it be

alfo enaffed prefrerred to

by the authority aforefaid. That alili fecunties andi encJumb\ rances

the taxes whatever;

impofed by~ andiithat i n

, gTax^pr'eCfeUrBr"ed

cafe any perfon fhall die between the time of giving in his or her account to the faid

receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,

to the value of the fum fo taxed, fhall come into the hands of his or her executors

or adminiftrators, or executors in their own wrong, fuch executor or adrnini- Adminiatriitor.

ftrator fhall pay the fame by the time before limited, prior to all judgments, mort

gages, or debts whatfoever; or otherwife a warrant of execution fliall iffue againft the proper goods of fuch executor or adminiftrator : *And if any perfon, between the time of rendering the account of his or her eftate to the receiver aforefaid, and the time of paying ia his, her or their tax, fhall be about to depart the county in persons about which he lives, the faid collector is hereby directed and required forthwith to levy state?"1" the fame, notwithstanding the day of payment is not already come, unlefs fuch per-

4Bo

TAX.

fons will find furelies lo die liking of the collector for the payment thereof at the time of payment.

"a'fctfevade *6. Andbe it alfo enaded, That all deeds of gift, conveyances, mortgages, fales iet android"' and affigmnents of lands, tenements, goods and chattels, of any perfons whatfo-
ever, made with an intention to avoid paying the tax, are hereby deemed and declared
null and void. And in cafe any perfon who has bona fide mortgaged any part
of his eftate real or perlbnal, fhall refufe or neglect to pay the tax for the fame, the mortgagee fhall be anfwcrable and liable to pay the fame: Provided^ That fuch efr proviso. tate fhall be in pofleffion of faid mortgagee.

Kxecuttom - 17. And be it further cnacled by the authority aforefaid^ That the treafurer for the tima |ami,tcoiic- })ej ng b^ an(j jie 1-S hereby empowered and required to grant executions againft all
former collectors of taxes who are or may be defaulters, immediately after the pafof this aft,

specific tan.

18. And be it further enabled, That an additional tax be impofed on and collecled of the inhabitants and others holding or laying claim to property within this ftate, to the amount of four {hillings and twopence fterling on every hundred pounds value, in fpecifics, to be eftimated by the collecfars of the taxes afore-
faid in each county, in the manner directed by an act for railing fupplies, paffed the thhty-firft day of October, one thoufand feven .hundred and eigluy-feven, which laid additional tax fhall be paid by the firft Tuefday in January next; -and all and every defaulter or defaulters are hereby declared to.be fubject to the difabilities while in default, as defaulters are under by the faid act, as well as the penalties there in impofed.

By order of the Houfe.

February i, 1788,

N. BROWNSQN, Speaker,

An aftfor impojinga, taxfor the year one thoufandfevcn hundred and ninety.

i. T3 E IT ENACTED, by the Senate and Houfe of Representatives of thejlate of

Tax on iand -13 Gcorgifl in General Affembly met, That a tax of ten {hillings for every

yey"d. "' 4"r hundred pounds value of all lands within this ftate, granted to or furveyed for any

perfon, as fuch lands fhall be eftimated at, fliall be levied on the fame in the follow^

ing mode, viz.

Lands classed All tide fwamps (including iflands) cultivated or uncultivated, of the firft quality,

couifnj"!/10" at ninety-feven millings per acre; of the fecond quality, fixty ihillings per acre;

' uy>

of the third quality, at thirty-feven {hillings per acre.

All pine barren lands adjoining fuch lands or contiguous thereto, and within three

miles of water carriage, at fifteen {Hillings per acre.

All prime inland fwamps, cultivated or uncultivated, at an average of fixty-feven

millings per acre; and of the fecond quality, at thirty-feven millings per acre; arid

of the third quality, at fifteen {hillings per acre.

.. , . All pine barren lands adjoining or contiguous thereto, at four fhn'aig8 Per !

Salt marfh, at four {hillings per acre, ,,

TAX.

'

481

All high river fwamp or low grounds (including iflands) cultivated or uncultivated, including fuch as are commonly called fecond low grounds, lying above Abcrcorn, and as high as the mouth of M'Bean's Creek,., on Savannah River, of the firft quality at fifty-two {hillings per acre; of the fecond quality, at thirty {hillings
per acre; and of the third quality, at fifteen {hillings per acre. All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at feventy-five {hillings per acre; of the fecond quality, at fifty'-two {hillings per acre ; and of the third qualify at twen-.
ty-two [hillings per acre.All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth
of Broad River, lying on the river Savannah, of the firft quality, at forty-one (hillings per acre; of the fecond quality, at twenty-two {hillings per acre; of the
third quality, at {'even {hillings per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Rae's Creek, to the mouth of Broad River, within one mile of .Savan nah River, of the firft quality, at fifteen millings per acre; of the fecond quality, at (even {hillings per acre; and for the third quality, at four {hillings per acre. All oak and hickory land (including iflands) cultivated or uncultivated, from the mouth of Broad River up the Savannah River, within onemiieof the fame, and up Tugalo River to the marked line on {'aid ft ream, of the firft quality, at eleven {hillings per acre; of the fecond quality, at fix {hillings per acre ;.and of the third
quality, at three (hillings pet acre. All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quality, at eleven {hillings per acre; of the fecond quality, at fix {hillings per acre; and
of the third quality, at three {hillings per acre. All high river fwamp or low grounds (including iflands as aforefaid) from Fort Ar-
gyle, to the mouth of Buckhead Creek, on the fiver Ogechee, of the firft qua lity, at nineteen {hillings per acre; of the fecond quality, at eleven {hillings per . acre; and of the third quality, at four (hillings per acre. All oak and hickory lands as aforefaid, from the mouth of Buckhead Creek to the head of Ogechee River, of the firft quality, at fifteen millings per acre; of the fecond quality, at {even {hillings per 1 acre; and of the third quality, at four {hil
lings per acre. All high river fwamp or low grounds as aforefaid, from the mouth of Buckhead Creek
to the head of Ogechee River, of the firft quality, at fifteen (hillings per acre; of the fecond quality, at {"even (hillings per acre; and of the third quality, at four
millings per acre. All high river fwamp (including iflands) cultivated or uncultivated, from Cathead on
the river Alatamaha, to the mouth of Oconee River, of the firft quality, at twen ty-two (hillings per acre; of the fecond quality, at eleven millings per acre; and of, the third quality, at four {hillings per acre. All high river fwamp or low grounds as aforefaid, from the mouth of Oconee River along the northern dream, and on the north fide of the Indian boundary line, to the confluence of the Oconee and Appalachee or fouth fork, of the firft quality at thirty {hillings per acre; of .the fecond quality at fifteen {hillings per acre; and of
,the third quality, at four {hillings per acre.

482

~

TAX.

All river fwamp as aforefaid, from the confluence of the Oconee River and Appa-

lachee Rivers upwards, on the north fide of the Indian boundary line, of the firft

quality, at twenty {hillings per acre; of the fecond quality, at twelve ihillings and

fixpence per acre; and of the third quality, at feven ihillings per acre.

All oak and hickory land (including iilands) cultivated or uncultivated, above the

flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to

river St. Mary's, inclufive, to the marked line, of the firft quality, at feven {hil

lings per acre; of the fecond quality, at four {hillings per acre; and of the third

quality, at two {hillings per acre.

All other oak and hickory land throughout the ftate, of the firft quality, at eleven ihil

lings per acre; of the fecond quality, at fix {hillings per acre; and of the third

quality, at three {hillings per acre.

AH lands on the fea-iflands, or lying on or contiguous to the feafhore, ufually cul

tivated, or capable of cultivation in corn or indigo, of the firft quality, at for

ty-five ihillings per acre; of the fecond quality, at twenty-two {hillings per acre;,

'and of the third quality, at eleven fb.illin.gs per acre.

All other pine lands throughout the ftate, at two ihillings per acre.

Faxonpersonn, 2. And It it enattcd by ilu authority, aforefaid,. That the fura of four /hillings be

.cgrot,&c. ]ev jecj on aj] fj-gg ma]e" white perfons from the age of twenty-one years and up

wards in this ftate,. and thefum of four ihillings on all negroes and other flaves what-

ibever, wilhin the limits of the fame, and the fum. of ten {hillings for every

hundred pounds value of every lot, wharf or other lands (not herein already enu

merated) and on. all buildings within the limits of any town, village or borough with

in this Hate, and the fum of fixty-four {hillings, oiv every four-wheeled, and the1

ium of thirty-two {hillings on every two-wheeled carriage (waggonsf carts and.

drays excepted) and the fum of four {hillings upon all male free negroes, mulattoes

and muftizoes, from the age of twenty-one and upwards, over and above the taxable.

property they may be poffeffed of.

onstoAin 3. And be it further ena&ed, That the fum of two {hillings' fhall be levied for

trade, &c. every hundred pounds value of all perfons' flock in trade, fhopkeepers and others,

actual relidents, to be given in upon oath, and to be computed at the prime coft,

and the fura of four pounds on all practitioners of law or phyfic, and the fum of

four pounds on all factors and brokers, and on all foreign goods, wares, liquors

and merchandize, and negroes fold, bargained or trafficked for by all fuch factors

and brokers, the fum of fifty (hillings on every hundred pounds by them fo fold or

difpofed of, to be given in upon oath, and on all vendne mafters (after qualification):

throughout the ftate, the furn of four pounds..

rwiso.

4- Provided neverthelefs, That in all cafes of extreme indigence or infirmity, the

fuperior court of each county {hall be, and they are hereby authorized to remit the

poll tax upon fuch indigent or infirm perfons claiming the fame.

Returnsbftax- 5" -&nA ^ e ^ enabled by. the authority aforefaid, That the mode of collecting the'

rfow'tS'bSr7' taxes {hall be as follows-. The receiver of taxable returns in each county {hall give

**"k;' notice td each captain's diftrict, within his county, by advertifing in the rnoft public

places' of the faid diftrict,, the day and place he will attend to receive their returns of

taxable property; and the commanding officer of each company fhall. give to. the re

ceiver fo attending a lift of all the inhabitants liable to pay taxes within his diftrict, ons

oath or affirmation, to the bell of his knowledge and information; and itfhallbethe

duty of the receiver of returns at all times, upon perfonal application, to receive the re-

.turns not given in at the time and place fpecially notifiedj at any time before he makes, a

TAX.

485

digeft of the whole returns, and he (hall, previous to entering on the execution of his duty, take and fubfcribe an oath or affirmation in the words following: "I, A. B. do Receiver's,oul*
folemnly fwear (or affirm) that I will truly and faithfully perform all the duties of receiv er of returns oftaxable property in the county to which I am appointed $ as required of me by this act, and will not receive any return but on oath or aiimnation."
6. And be it alfo enabled. That all and every perfon liable to pay tax fhall give in i-'f*"^^ the lift of his, her or their taxable property, as well as a lift of every fuch perfon or m*e retur0!perfons as he, (he or they, may be attorney or attornies* executor or executors, ad miniftrator or adminiftrators for, or in the county or counties where fuch attorney, executor or adminiftrator refides, and every fuch perfon or perfons giving in taxa ble property as aforefaid, fhall make a return defcriptive of the lands and other tax-General return able property, as the fame may be in the different counties of this ftate; and the re- a Pena'ty o? cei ver ofr fruch\ returns fr.hal1l1 pro' ceedi, afrter bi ei ng di uliy qualii-friedl i n gi vi ng notice, to ptwoountdho.,usand make a general return of the whole fo received, and alfo of the taxable property of
non-refidents and defaulters within his diftricl, and fhall tranftnit a copy thereof to the collector of the county, fuperior court and treal'urer of the ftate (under the pe nalty of two thoufand pounds) including therein his own taxable property, and fhall p,SS'TM_b<i publifh, within one month thereafter, in the gazette, the names of all defaulters, un- ^t/^ij?1 der the penalty of fifty pounds; and the faid receiver fliall be entitled to receive for each return made in his diftriQ, to be' allowed as aforefaid, the fum of fixpence, and threepence for each name in the general returns to be tranftnitted to the treafurer, fu
perior court and collector of taxes. The collectors of the respective counties, before they enter on the duties of their coiMbra d,*g
office, fhall give bond with fufficient fecurity, as follows: for the county of Chatham, recuruT,'1 '"* in the fum of eight thoufand pounds; for the county of Effingham, two thoufand pounds; for the county of Burke, four thoufand pounds; for the county of Rich mond* five thoufand pounds; for the county of Wilkes, eight thoufand pounds; for the county of Liberty, five thoufand pounds; for the county of Glynn, one thou fand pounds; for the county of Camden, two thoufand pounds; for the county of Wafhington, two thoufand pounds; for the county of Franklin, one thoufand pounds; and for the county of Greene, one thoufand pounds; as pointed out in and by the tax act* of one thoufand feven hundred and eighty-eight; and fhall alfo take and fubfcribe the following oath, viz: " I, A. B. appointed colleflor of taxes for the Ami take tM* county of --------, do folemnly fwear, that I will faithfully difcharge the duties re- mth' quired of me by law."
And in cafe of the death, refufal or neglect of any fuch collector to enter into fuch Vacandfbond or take fuch oath, then his excellency the governor is hereby authorized and required to appoint fome other perfon willing to accept the fame, on the qualifica tion aforefaid, who fhall attend in each diftri6t of the county to receive fuch tax, and fhall previoufly give public notice thereof, at leaft ten days, of the time and place of his attending; and if he fliall prefume to execute the faid office without the qualifications aforefaid, he fhall forfeit and pay double the fum for each perfon's tax he ihall receive, to be recovered by any perfon who (hall inform and profecutefor the fame.
7. And be it enaSled by the authority aforefaid That all bonds and (ecurities giv- Thdr i,omists en by the collectors appointed by or in purfuance of this aft, fliall be tranfmitted by trcSy0Sei the perfons taking the fame to the ireafury, on or before the firft day of Auguft hheu'nHd-lrteyd-offive
next, under the penalty of five hundred pounds for every fuch neglect or refufal.' P'

* See loth fjdjtion of faid a&v 1

TAX.

x returns, en Lo be

8. And be it further enabled by the authority aforefaid, That ail perfons whatfocvery

who are pofleffcd of any lands granted to, or furveyed for them, or for any other

perfon or perfons, flaves, or carriages, either in their own right or in the right of any-

other perfon, or are liable to pay any other tax by virtue of this aft, fliall, on or

before the firft day of July, render a particular account thereof in writing upon

vmth or affirmation, letting forth in what county the {aid lands and flaves are to the

beft of his,' her or their knowledge, to the receiver of the diftrift wherein fuch perfon

refides, at fuch time and place as the faid receiver fliall direft and appoint for the doin?

thereof, fo that the fame be done on or before the firft day of July aforefaid : which

r?orm thereof, oath or affirmation fliall be in the words following: " I, --------, do fwear (or affirm

as the cafe may be) that the account which I now give in is a juft and true account of

all the taxable property which I was poffeffed of, held or claimed, on the firft day of

February, one thoufand feven hundred and ninety, or was interefted in or entitled

unto, either in ray own right or in the right of any .other perfon or perfons whatfoc-

ver, as parent, guardian, executor, agent or truftee, or in any other manner whatfo-

ever, according to the beft of my knowledge, information and belief; and that I will

give a juft and true.anfwer to all lawful queftions that may be afked me touching, the

fame; and this I declare without any equivocation or mental refervation whatfo-

ever. So help me God." Which faid oath or affirmation the faid receivers of tax

returns are hereby refpeftively duly authorized and required to adminifter3 and that

gratis.

Q And fa it, further enabled, That if any perfon 'or perfons mall be guilty of neglec-

f<!MiNTMrmetnmiiniesv",s

tmg or refufing to give in a return of his, convifted of fraud or making a falfe return

her or thereof,

their taxable property, or fhall he, flie or they., fliall be liable

be to

pay to the clerk of the fuperior court of the county, a fine of ten pounds for every

hundred pounds valuation fo neglefted or concealed, one moiety thereof for the

ufe of the county under the direftions of the fuperior court, and the other moiety

to the informer or informers.

10. And -whereas there are divers tracts of land and fundry flaves in this ftate,

owned, held, or claimed by perfons no* refident in the fame, who pay no tax to-

?"f&cs'to"s" ward the fupport of the government thereof: Therefore be it enacted by the authority

Sr^tTpay"8' aforefaid, That all attornies and truftees of or for any perfon or perfons living without

ths;raovvn"s-f the limits of this ftate, fhall make true returns as aforefaid, and in the diftrift where fuch

tetes'

attorney or truftee refides, and that fuch attorney or truftee, attornies or truftees fliall

be fubjeft and liable to pay the tax to become due by virtue of this aft, which may

be due by any former tax aft or afts, for fuch land or lands, {lave or flaves, out of

his, her or their own proper eftate; notwithftanding fuch attorney or attornies, Uuftee

or truftees, may renounceordifclaim afting as fuch before the faid tax is levied, un-

drrcmmnce ^s ^ucn attorney or attornies, truftee or truftees, fhall make oath before the receiver

ratu.truston aforefaid, that he or they, hath or have renounced fuch attorneyfliip before the pay

ment of the faid tax became due, without having done it only with an intention to

s>K>vio. avoid the payment thereof: Provided always, That if fuch attorney or attornies,

truftee or truftees, fhali, within one year next after fuch oath made, again become

attorney or attornies, truftee or truftees, or aft as fuch, he or they, fhall be liable to

pay the faid tax as herein direftcd, any thing herein contained to the contrary not

withftanding; and for levying whereof the fame remedies fliall be and are herein giv

en as for levying the tax to become due by virtue of this aft on the proper eftate or

eftates, of fuch attorney or attormesj truftee or truftees? or other perfon or perfons,

afting as fuch,

TAX.

485'

11. And be it alfo enabled by the authority oforefaid, That in cafe any lands or ^ntinnot

ther taxable property fhall be found by the receivers to belong to any perlbn or to bc'chM^d.

perfons refiding without the limits of this (late, and who have no attorney or attov-

'nies, irufteeor truftees, legally conftituted in this ftate, or which have not been re

turned to any receiver appointed for the county where fuch lands are, then and in,.. ,

fuch cafe, the receivers fhall be and they are hereby authorized and required to charge

the faid lands and other property for the payment of the tax impofed thereon, and

alfo for all taxes clue thereon by any former tax act, and forthwith once in each month to

publifli and give notice of fuch charge or affeffment in the gazettes, and in cafe of non

payment of fuch taxes within fix months the faid lands and other property fhall be

thereafter liable to a double tax, and to be proceededagainft by attachment in a fum-

mar'y way by the collector in the manner of diftrefs and fale and to make titles to the

perfon or perfons purchafing the fame, and to pay the money (lawful charges only

to be deducted) into the treafury.

12. And be it enabled by the authority aforefaid, That all perfons whatsoever, Ta!Ci how an4

who are poflefled of any lands or (laves in this ftate, in his own right or in the ^" tobc

right of'others, or any wife liable to pay tax by virtue of this or any other tax aft,

ihall pay in their taxes to the collectors that may be appointed to receive the fame, in

.the manner herein after directed on or before the fifteenth day of December, one

thoufand feven hundred and ninety, and the refpective collectors' receipts fhall beheld

and taken as fatisfactory, and if at the fifteenth day of December one thoufand feven

hundred and ninety aforefaid, any perfon or perfons fliall be in default, the col

lector of the county where fuch default fliall happen, fhall immediately poceed

againfl fuch defaulter or defaulters by diftrefs and fale of their goods and chat- Roodsand

tels, if any be found, otherwife.on the land of fuch defaulter or defaulters, or fo much SJ,,","^0.

thereof as will pay the amount of the taxes due with cofts, and in all fuch cafes to make w!scthe>laild-

titles td the purchafers of the property fold as aforefaid, and the faid collectors ref-

pectively, fhall on or before the firft day of March, in the year one thoufand feven concurs' h1 un1 dr1 ed andi ni. nety-one, ' cli oire tihei r accounts and11d1el-iver thi e irame to thi e trealrurer commissions^

for the time being, and after deducting two and a half per centum on all fuch taxes

as they fliall receive, pay the remainder to the faid treafurer.

i Q. And be it alfo enabled, by the authority aforefaid.. That any perfon or perfons neelecti.n g or refrurting to gi ve i n ihis iher or tihei r acc- ount orr li andisn , Haves, or othi er taxa-{jPjruolptetrotybientlloieu--'

ble property as aforefaid, fliall be taxed in double the fum herein already pointed out,

and every receiver as aforefaid mail be entitled to receive of the collector to whom he

accounts, one half of the double tax hereby fo impofed on the property of defaulters,

fpecially returned by fuch receivers.

14. And be it further enafled, That when any of the faid receivers of returns, or HOW to i,c ra-

collefctors of taxes fhall or may difcover that any lands, {laves, or other taxable pro- ^ Mldasses-

perty hath not been returned as in this act .pointed out, he or they fhall fummon three

freeholders refidents of the diftrict where fuch lands may lie, or other property, be

to afcertain the value of fuch lands or other property, and double the tax thereon for

which amount the collector is hereby empowered and required to levy, fell, and con

vey, in the manner herein already mentioned.

15. Provided always neverthelefs, That all lands or other property vetted in com-Proviso,

miffioners or truftees for public ufes, fhall not come within the purview or meaning

of this act: And provided alfo, That no fale which fliall be made under this aQ, o'f pro ,ert

the property of orphans haying no guardian or truftee (hall have any eiFeft,

r'""ty ^

486

TAX.

16. And whereas it has happened, and may frequently happen, that between the

day of receiving the return and the day appointed for the payment of the faid tax,

many perfons have left the diftricls in which they refide, and have been returned by

the collecior as infolvcnts, who had no- property upon which they could levy and

insolvent*; djftrain : Be it therefore enabled by the authority aforefaid, That the collecior in every

,

-fuch county {hall be obliged to prove in a fatisfaclory manner to the fuperior court

of the county in which be afcls, the indigence or inability of thofe whom he returns

infolverits having no property,

S'toSfm- 1 7- Andbeitalfo enabled by the. authority afore/aid, That the taxes impofed by

eumbwnc.es, ^ ac fa &\\ be preferred to all fecurities and encumbrances whatfoever, and that in cafe

any per fan or perfons corning under the notice of this act, mall die between the time

of giving in his, her or their returns to the receiver or receivers refpeflively, and

the paying of his, her or their tax, and any goods or chattels of the deceafed to the

value of the fum fo taxed fhall come into the hands of his, her or their executors or

Ataiiiistraton, administrators, or executors in their own wrong, fuch executors or adminiftrators

{hall pay the fum by. the time before limited, prior to all judgments, mortgages or .debts

whatfoever, or otherwife a warrant of execution mall iffue againft the proper goods

and chattels of fuch executor or adminiftrator; and if any perfon or perfons between

the time of rendering the account of his, her or their'eftate to the receiver aforefaid,

t<>rS"te< and the time of his, her or their paying in the faid tax, fhall be about to depart the

|t'lte'

county in which he, ilie or they, may have immediately then preceding tended, the

faid collector and collectors is and are hereby directed and required forthwith to levy

the fame, notwithftanding the day of payment may not then become; uulefs fuch

perfon or perfons ihall and will find fecurities to be approved of by the faid collector

or collectors refpeflively, for the payment thereof at the day herein appointed.

needs, &e.

1 8. And be it further enaBed, That all deeds of gift, conveyances, mortgages, fales

?ws'tax,frau-e and alignments of goods, lands, tenements and chattels of any kind, of any perfon

yoia'V1'1*1 or perfons whatfoever, made with an intention to avoid paying the aforefaid tax, are

hereby deemed and declared null and void; and in cafe any per/on who has bona fide

mortgaged any part of his eftate real or perfonal, fhall refufe or neglect to pay the tax

for the.fame, the mortgagee (hall be anfwerable and liable to pay the fame, if in aftual

poffeflion of the premifes.

"ScSiec" 1 9' And'be it further ena&ed by the authority aforefaid, That the treafurer for

'*015>

the time being, be and is hereby empowered and required to grant executions:

againft all former collectors of taxes who are or may be-defaulters, immediately after

the paffing of this act.

2Q. And be it further cnaEled, That the treafurer for the time being, be and is

hereby required and directed to proceed and prepare a general return, to be made by

the refpeclive receivers of tax returns, to be approved of by the governor, and tranf-

mitted by the treafurer without delay to the .aforefaid officers.

fJiproperty1^ ?1< dnd be it further matted. That when the colleflor of the county finds no

ty'for'whur" property real or perfonal therein of' perfons in arrears, to fatisfy the tax due by virtue

fSntrt. ap~ f tn is or any former tax a8, fuch collector is hereby authorized and empowered to

fell fo much of the property of the perfon neglefting to pay as aforefaid, as may be

fituate in any other county or counties, as will fatisfy the faid tax and arrears of tax

aforefaid, and make titles thereto. Provided, That thirty days' notice be previoufljr

given of the time and place of fuch fale, by fuch collecior in the public gazette.

Ta*in*iiatit And be it further enaSed by the authority aforefaid, That the tax impoied by this

an<j coneQ;e(i in ^ following manner, that is to fay : One half

TAX.

thereof in merchantable rice, at twelve (hillings per hundred weight) in infpeclccl

crop tobacco, at fixteen [hillings and fburpence per hundred weight, or fpecie, and

nothing elfe; any law to the contrary notwithstanding. And the remaining moiety

ihall be collected in the paper medium emitted under an aft paffed the fourteenth day

of Auguft, one thoufand feven hundred and eighty-fix, and nothing el.fe.

22. tte it alfo enatted by the authority aforefaid, That the {aid fpeciEc articles fliali ^,.^1

be delivered at the infpeftion in Savannah", Sunbury, Auguila, New-Savannah, Lou.il'- SK.8^8

' ville and Call's warehoufes only ; and that tobacco (hall be received in well coopered

hogfheads weighing not lefs than nine hundred and fifty pounds net, and rice in well

coopered barrels weighing not lefs than five hundred and twenty-five pounds net.

23. And be it further enabled by the authority aforefaid, That, the governor (hall, -me.Epvernat

on the appointment of collectors and receivers of taxes of the feverai counties with- IS, kco

i n

thI is

Hn ate,

notiT fy -ithle-fame

in tht e molnt pub11li-c mann er;

andinmoul1 d1

i' t lro

happen me 1

tlldr "I1!10""''****

that any of the aforefaid officers refufe or neglect to qualify within twenty days after

the notification fo given as aforefaid, then and in that cafe the governor is hereby au

thorized and required to fill up fuch vacancy or vacancies.

SEABORN JONES, Speaker of the Houfe of Regrefentative?*

N. BROWNSON, President of the Senate, ' '

.

Concurred, December 29, 1789.

EDWARD TELFAIR, Governor.

in all for the fupport of government from the firfi Monday in Novemter,^ne thoufand

feven hundred and ninety, to the firft' Monday in November, one thoufanA Jeven hun- v

dred and ninety-one, by raijing a tax on perfons and property,

"''

'''' \.

E IT ENACTED, by the Senate and Houfe of Reprefentatives of thejlateof

Georgia, in General AJJ'embly met, and by the authority of the fame, That a q*lil 'aml<

tax of fix (hillings fpecie or fpecifics for every hundred pounds value of all lands^^

within this ftate, granted to or furveyed for any perfon, as fuch land is eftirnated by ,

the tax al of the year one thoufand feven hundred and ninety, be levied thereon According to

agreeably to the mode, and collected as directed by the faid tax ad, except where the'*e*Se'iy pTM"

irame is ali teredi iby thi is acMt. .

-

cead.ing this

2. And be it further enaBed, That the furn of two millings and fourpence fliali be^^p^o**

levied on all free white males from the age of twenty-one years in this ftate; the fum

of two millings and fourpence on all negroes, mulattoes, or other flaves, and the like

lurn on all free negroes, or other free persons of color, upwards of fixteen years of

age, over and above their property;. the fum of fix (hillings on all and every hundred 0nrotSy&c<

pounds value of every lot, wharf or other lands, not included in the faid tax act, and

on all buildings within the limits of any town, village or borough within this ftate; On ^^

and the fum. of two dollars on all four-wheeled carriages (waggons excepted); the fum |cTM'SV

pf fix (hillings for every hundred pounds value of all ftock in trade, including the

amount of imports, purchafes or 'consignments for the preceding year on all (hop-

keepers and others,, to be given in upon oath, to be computed at the prime colt; the1

fum of forty-five (hillings on all practitioners of"law or phyfic, and each and every ^ , * r ffacfxtor, 1broki er andi vencilue mainler; andi th-i e frum offfit x (hillings on every hundred' On doaors, ATS;

founds value of all foreign goods,, wares and merchandize,, and. negroes fold, bargain- nJJ3r,Ti

433 '

. TAX, .

ed or trafficked for by fuch factors, brokers or vendue mailers, and each and every of

them.

,..,,.,,;,.,,,.,.,,,, 3- And be it farther enattcd by the authority aforefaid^ That the tax collectors and

^vcnSi'y"5 receivers appointed or to be appointed, fliall be and hereby arc inverted with full pow-

IS/or'i'Jj'J 1 er and authority to carry this act. into execution at the days and times in the year one

tboufand (even hundred and ninety-one,* as is mentioned in the faid tax act for the year

' one thoufand (even hundred and ninety, agreeably to the principles and fpirit thereof:

proviso. Provided) That no collector be allowed to cliftrain for any tax impofed by this aft

previous to the firft day of January, feventeen hundred and ninety-two, except where

perfons arc removing, or about to remove, from the county in which the return is

Kntmcii to the made; and fuch receivers of tax returns and collectors of taxes [hall be entitled to

!^TM^by%ki the fame fees and be iubjc& to the fame penalties, as in and by the faid act is given

ameT&T'TM" "^^ granted, demanded and required.

Thepovcmor 4 ^M^^^/^Aerena^f, That the governor and treafurer be, and they are

RoamedTM' hereby reflectively vefted with all the powers given them by the faid act, entitled

thciwidaa. (( ^ ^ ^ impoGrig a tax for the year feventeen hundred and ninety.

cirrkmiircacd 5. y4?i(f ^g ^^^7^)" om^isj ^y ^Ag m^AoMZy a/byY/Tu^, That theclerks of fuperior

tumTMn.er- courts within .their refpecliye counties, at any time within fixty days from the pafTins or iMMiiidciiujIf. r thi is act, ibe aut1hori zedi andi dTirected1 to recei ve any return, diutty:'iworn to, frrom

any defaulter of his, her or their taxable property; and where any perfon has been

defaulter for the year feventeen hundred and ninety, the t&x fhall be collected and

paid into the treafury, as pointed out in the tax act of that year, and if for any year

preceding, it fhall be collected and paid as above in the paper medium of this Rate,

any law to the contrary notwithstanding. And it lliall be the duty of the clerks of

the fuperior courts where any defaulter {hall give in his, her or their returns as aforefaid

to transmit a lift of the fame, with the amount of taxable property fo returned to

^%%'tnc the treafury of this ftate, and alfb to the collector in their refpcctive counties, with-

*rca:ury. ^ ^y^. mpmhs from the paffing of this act, and fuch defaulters fb giving in their re-

^ turns as aforefaid, fhall be exempted from the pains and penalties pointed out in

the faid act, and the feveral collectors fliall add an account of all fuch taxable pro

perty to the general returns of their refpective counties, and pay the fame into the

treafury, and the clerks of the fuperior courts fliall be allowed the fum of two {hil

lings and fourpencc for each return fo received and tranfmitted as before directed.

6. X^ ^ zV_/MrZ/zer gMa^e^, That there fhall be one receiver of taxable returns

^'%%i*for each county except Wilkes, and in that there .fhall be a receiver appointed for

tf)o-r. each coun^ each? ?battaliion ofr miTlitia th7 erein.

,

Taxma'tie 7* -^^^ ^gMg^(f, That any perfon or perfons chargeable with tax by this act,

Srtici%'^ni^y P^y the fame or any part thereof in clean merchantable rice, delivered at Sa-

"2TMi:c^&c.vannah, Sunbury or North Newport Eridge, at the rate of ten fhillings per hun

dred weight; in crop or transfer tobacco notes, infoected, delivered at Savannah,

fourteen fhillings; each of the infpections at Augufta, New-Savannah, Georgetown,

Louifville, and at no other place, at the rate of twelve fhillings and fixpence per

hundred weight, or in merchantable cotton, clear of feed, in bags :._Pro%zy^, That

po bag of cotton fhall be received that fhall not weigh at leaft one hundred pounds

net, to be received at the feveral places aforcfaid, at the rate of one fhilling per

pound.

aioMof 8* ^^^<? zV /mVAer gmaZM ^ ?<^ <ZM^on{y a/org/lzzW, That from and after the

|SiE&* paKng of this act, an inflection of rice and cotton fliall be efiab].ifhed at Savannah?

Sundry places.

.
* bee page 480,

TAX.

"

Sunbury and North Newport; at which infpections all rice and cotton mall be re ceived and infpected, before it fhali be received in payment of taxes, by perfons to be hereafter appointed infpectors of the fame, by the juilices of the inferior court, AmHl,,1,1.1,ol.v, who are alfo empowered to fix on the proper places for fuch infpections. ^nd *obe'lppoiKtat'
where.any rice or cotton is offered in payment of tax, iufhall be delivered at the places aforefaid; and if upon inflection the faid articles fhall be merchantable, it fhall be the duty of the infpeclors to weigh and pafs the fame, if cotton, in bags of at leaft one hundred pounds net, if rice, in barrels or half barrels as directed by ^hos,. nn g!rt, law, {lamping or marking the weight on the bag or barrel ib paffed; and the infpec- rsS.'tsfartlie tors fhall enter the name of the perfon delivering fuch rice or cotton in payment of tax, with the net weight of each calk and bag, and fhall enter the fame in a book to be by him kept for that purpofe, and mall give to the owner thereof a receipt in the following form, viz*

Warehoufe,

'

day of

Received of A. B,

barrels of good merchantable rice or bags of*ormflicreok

cotton (as the cafe may be) marks, weight and number as per margin, to be deliver

ed to the order of the executive on demand, this

day of

And all receipts fhall be printed, and no infpeclor or infpectors fhall, on any pre tence whatever, iffue any other than a printed receipt, which fhall be received by the * feveral collectors in payment of tax; and the feveral infpectors fhall be allowed for Theirfeaj their trouble for infpecting and coopering fuch barrel of rice, the fum of one fhilling and twopence; and for each bag of cotton^ the fum of one fhillirig and twopence, to be paid by the owner or perfon delivering fuch rice or cotton on receiving the receipt as aforefaid, and fhall alfo receive the legal florage for rice, and fevenpence on each bag of cotton, to be paid by the fhipper or perfon receiving the fame; and every inirpecQt.or iherebi y appointedJ, ibefrore ihe enters upon thi e djuties orr hi is omrrce, fnnalnl give aSnhaallsBec!vueribtya.n* bond and'good, fecurity, payable to his excellency the governor and his fucceffors in office, in the fum of one thoufancl pounds, for the faithful performance of his duty, and for the delivery of all fuch rice and cotton as mail come into his hands when the fame may be called for, in the fame merchantable condition as he received them.
g. And be it further ena&ed^ That each of the feveral infpcctors, before they en ter on the duties of their office, fhall take and fubfcribe the following oath or affirm- ,"*."*'"* ation, the fame to be'adminiilered in open icourt, viz. "Ij A. B. do folemnly {'wear, that I will carefully view and examine all rice and cotton which may be brought to me for that purpofe, and that I will hot give my receipt to any perfon for rice or cot ton, but fuch as fhall be in my judgment clean and merchantable. So help me God."
10. And be it enaBed, That the feveral collectors appointed by virtue of this aft Howcollc(,,m,... fhall keep an exact account of all fpecie and fpecifics by them received in payment of ^j*TM^ w taxes to be collected by them, and fhall, on the fettlemem of their accounts with the the trc;lsvirn treafurer, ftate the fame in different columns, fpecifying the different kinds of speci fics, the amount, of fpecie, and of whom and when received; and the treafurer is hereby directed not to receive any collector's account which is not ftated according to the mode pointed out as above; and any collector who fhall be guilty of making
a falfe return fhall, on due proof thereof, forfeit and pay the fum of five hundred
3Q

490

TAX.

pounds, one half to the informer, and the other half to the ufe of the county of which he is colleclor, to be recovered by bill, plaint or information.
JOSEPH HABERSHAMl, Speaker of the Hoiife of Reprcfenlativts* NATHAN BROWNSON, Prejident of the Senate. ' " Concurred loth December, 1790. EDWARD TELFAIR, Governor.

An aU to raife a lax for ihe fupport of government for the year one thoufand feven hun dred and ninety-two.
SdV^mted *-~Q E IT ENACTED^ the Senate and Houfe of Reprefentati-ves of thejlateof rsurveyed. J[_J Georgia in General Aff'embly met, That a tax of fix (hillings for every hun
dred pounds value of all lands within this date, granted to or furveyed for any perfon, as fuch lands (hall be eftimated at, fhall be levied on the fame in the following mode, to wit: According to All tide fwamps (including iflands) cultivated or uncultivated, of the firft quality, .. wm15 at forty-eight fliillings and fixpence per acre; of the fecond quality, at thirty fliil-
lings per acre; and of the third quality, at eighteen fliillings and fixpence per acre. All pine barren lands adjoining fuch lands or contiguous thereto, and within three miles of water carriage, at feven fliillings and fixpence per acre. All prime inland fwamp, cultivated or uncultivated, of the firft qualify, at an ave rage of thirty-three (hillings and fixpence per acre; of the fecond quality, at eighteen millings and fixpence per acre; and of the third quality, at (even mil lings and fixpence per acre. All pine barren lands adjoining or contiguous thereto, at two {hillings per acre. Salt marfh, at two fliillings per acre. All high river fwamp or low ground (including iflands) cultivated or uncultivated (including fuch as are commonly called fecond low grounds) lying above Abercorn, and as high as the mouth .of M'Bean's Creek on Savannah River, of the firft quality, at twenty-fix millings per acre; of the fecond quality, at fifteen [hillings per acre; and of the third quality, at feven (hillings and fixpence per acre. All high river fwamps as aforefaid, lying above M'Bean's Creek, and as high as the mouth of Rae's Creek, of the firft quality, at thirty-feven (hillings and fixpence per acre; of the fecond quality, at twenty-fix millings per acre; and of the third quality, at eleven (hillings per acre. AM high river fwamps as aforefaid, from the mouth of Rae's Creek to the mouth of Broad River, lying on the Savannah River, of the firft quality, at twenty mil lings and fixpence per acre; of the fecond quality, at eleven fhillings per acre; and of the third quality, at three (hillings and fixpence per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Rae's Creek to the mouth of Broad River, within one mile of Savannah River, of the firft quality, at feven fhillings and fixpence per.acre; of the fecond quality, at three fhillings and fixpence per acre; and of the third quality, at two ihillings per acre.

TAX.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the mouth of Broad River up the Savannah River, within one mile of the fame, and up Tugalo .River to the marked line on the (aid ftream, of the firft quality, at five fhiilings and fixpence per acre; of the fecond quality, at three {hillings per acre; and of the third quality, at one (hilling and fixpence per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the mouth of Broad River to the marked line on the head thereof, of the firft quali ty, at five {hillings and fixpence per acre; of the fecond quality, at three millings per acre; and of the third quality at one {lulling and fixpence per acre.
All high river fwarnp or low grounds (including iflands) cultivated or uncultivated, from Fort Argyle to the mouth of Buckhead Creek, on the river Ogechee, of the fir ft quality, at nine millings and fixpence per acre; of the fecond quality, at five {hillings and fixpence per acre; and of the third quality at two fhiilings per
acre. All oak and hickory land as aforefaid, from the mouth of Buckhead Creek to the
head of Ogechee River, of the firft quality, at {'even millings and fixpence per acre; of the fecond quality, at three fhiilings and fixpence per acre; and of the third quality, at two fhillings per acre. All high river fwamp or low grounds (including iflands) cultivated or uncultivated, from the mouth of Buckhead Creek to the head of Ogechee River, of the firft quality, at feven millings and fixpence per acre; of the fecond quality, at three millings and fixpence per acre; and of the third quality, at two fhiilings per acre. All high river fwamp (including iflands) cultivated or uncultivated, from Cathead, on the river Alatamaha, to the mouth of Oconee River, of the firft quality, at eleven millings per acre; of the fecond quality, at five fhiilings and fixpence per acre; and of the third quality, at two fhillings per acre. All high river fwamp or low grounds as aforefaid, from the mouth of Oconee River, along the northern ftream on the north fide of .the Indian temporary line, to the confluence of the Oconee and Appalachee or fouth fork, of the firft quality, at fifteen fhillings per acre; and of the fecond quality, at feven {hillings and fixpence per acre; and of the third quality, at two millings per acre. All river fwamp as aforefaid, from the confluence of the Oconee River and Appala chee River, upwards, on the north fide of the Indian temporary line, of the firft, quality, at ten fhillings per acre; of the fecond quality, at fix fhillings and three pence per acre; and of the third quality, at three fhillings and fixpence per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, above the flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to the river St. Mary's, inclufive, to the marked line, of the firft quality, at three fhil lings and fixpence per acre; of the fecond quality, at two (hillings per acre; and of the third quality, at one fhilhng per acre. All other oak and hickory lands throughout the ftate, of the firft quality s at five {hillings and fixpence per acre; of the fecond quality, at three fhillings per acre; and of the third quality, at one {hilling and fixpence per acre. AH lands on the fea iflands, or lying on or contiguous to the feafhore, ufually cultiva ted or capable of cultivation in corn or indigo, of the firft quality, at twenty-two {hillings and fixpence; of the fecond quality, at eleven {hillings; and of the third quality, at five {hillings and fixpence per acre. All other pine land throughout the ltate} at one {hilling per acre.
l

49S

"TAX.

ISSwhkcpcr- 2 - And be it enabled by llu authority aforefaid, That the fum of one {hilling and

"ons-

twopence (hall be levied on all free male white perfons from the age of twenty-one

on negroes, years and upwards in this State, and the fum of one (hilling and twopence on all ne

groes and other Haves whatever, under the age of fixty years, within the limits of on iot, &c. the fame; and the fum of three {hillings and fix-pence for every hundred pounds

value of every lot, wharf or other lands, not herein already enumerated, and on- all on can-ages, buildings within the limits of any town, village or borough within the fame ; and the
fum of four {hillings and eightpence on every four-wheeled carriage, including cara

vans, coaches and Stage-waggons; and the fum of two {hillings and fburpence on on free nc- every two-wheeled carriage (waggons, carts and drays excepted;) and the fum of

one milling and twopence upon all male free negroes, rnulattoes and muftizoes,

from the age of twenty-one years and upwards, over and above the taxable proper-

onstockm ty they may be polielfed of; that the fum of three {hillings and fixpence fhall be

tr'ulc'

levied for every hundred pounds value of all perfon's Stock in trade, fhopkeepers

physicians,&c. a nd others, to be given in upon oath, and to be computed at prime colt; the fum of

twenty {hillings on all profeffors of law or phyfic; and the fum of twenty {hillings

on all faftors and brokers, and on all foreign goods, wares, liquors and merchan

dize, and negroes fold, bargained or trafficked for by all fuch faclors and brokers, the fum of three millings and fixpence on every hundred pounds by them fo fold or

n-oviso.

difpofed of, to be given in upon oath; and upon all vendue matters., after qualification, the fum of twenty {hillings. Provided neverthelefs, That in all cafes of extreme in

digence or infirmity, the inferior court of each county Shall be and they are hereby

authorized to remit the poll tax, upon fuch indigent or infirm perfon's claiming the

fame.

'

one receiver to {b"enaop"p0o11inttaedt"

q. eac^h

And be it enabled by the authority afore hid. That there battalion of mili.ti.a^th. rough. out thi is Sr ta"'te; andi tihat thi e

{hall be one receiver modie ofr takT ing the

for re-

nidi-duty, turns mail be as follows : The receiver of taxable returns in each battalion, {hall

fe?1

give notice to each captain's diftrid within the battalion, by advertising in the molt

.public place of each diftrid the day and place he will attend to receive the returns of taxable property therefor, and which notice {hall be given at leaft ten days previous

thereto. Such receiver fhall likewife attend previous to making his return of de

faulters, three different days in each diftriQ: for that purpofe, which days {hall not

be within feven days of each other;' and the commanding officer of each company,

fhall give to the receiver fo attending a lift of all the inhabitants liable to pay taxes

within his diltricl, on oath or affirmation to the belt of his knowledge and informa

tion ; and it {hall be the duty of the receiver of returns, at ail times upon perfona! application, to receive the returns not given in at the lime and place Specially notifi

ed, at any time before he makes a digeft of the whole returns; and he Shall, pre

vious to entering on the execution of his duty, take and fubfcribe an oath or affirfltaii take-an m'ation in the words following, to wit: " I, A. B. do Solemnly fwear (or affirm) that mt^m these j ^j tru jy ancj f-u'(_hful!y perform the duties of receiver of returns of taxable prop

erty in the battalion to which I am appointed, as required of me by this aft, and

will not receive any return but on oath'or affirmation."

Returasinwhat A. And be it ctlfo cnaSed, That all and every perfon liable to pay tax, Shall give Side?1 to c in the lift of his, her or their taxable property, as well as a lift of every fuch perfon
or perfons, as he, She or they, may be attorney or attornies, executor or adminiftra-

tor refides, defcribing as near as poffible from the plats, deeds or other documents, the particular Situation of fuch land, in what county, what particular watercourfq

on } and wha.t lands it adjoins; and the receiver of fuch returns Shall make a gener*

TAX.

493

al digeft, and return the whole of the taxable property received as aforefaid, and alfo mS'Tpenenu of the taxable property of non-refidents and defaulters within his battalion, and*"^'' {hall, tranfmit three copies, one to the collector of the county, one to the inferior untopcnaHy court, and one to the treafurer, under the penalty of one thoufand pounds, includ- 5--1"1 ?0 ing therein his own taxable property, and fhall puhlifh within one month thereafter, in the gazette, the names of defaulters, under the penalty of fifty pounds'; and the Their f receiver lhall receive for each name returned to him the fum of ninepence; and it (hall be his duty to tranfmit to the treafurer, clerk of the inferior court and collector of taxes, each a copy of fuch digeft. And that the laid feveral receivers to be ap pointed by this act, fhall he paid by the collectors in their refpective counties the furns which fhall become due to, them for their fervices, as allowed by this acl. Pro- rrovu vided neverthelefS) That no receiver fhall be allowed or paid by the collector, before
fuch receiver fhall produce a certificate from under the hands of the clerk of the in ferior court of fuch county, that fuch receiver is entitled to fuch fum for his fervices, agreeable to this aft, which certificate fuch clerks are hereby on application directed to give; and every collector fhall be allowed credits for fuch payment in his fettlement with the treafurer. And the treafurer is hereby required to tranfmit an alpha- Treasu betical digeft, from the feveral general returns in his office, of all the lands and other t^tii property returned as lying in each county, to the inferior courts of the refpective^ counties, to be examined and compared with the return of fuch county, for which duty the treafurer {hall be entitled to the fum of twenty fhillings for each digeft )b ""*"*' tranfmitted; and it fhall be the duty of each tax receiver to examine the alphabetical Rivc digeft fb tranfmitted by the treafurer, and report upon oath all lands and other prop erty within his diftrict not returned as aforefaid, and the quality of fuch land to the belt of his knowledge and information, to the collector of fuch county; and it fhall be the duty of fuch collector to proceed to collect the taxes due thereon, in the fame manner as if fuch property had been returned under this act.
<^. yf^ ^g ^ /?"ifAer gna^Z, That the receivers and collectors of tax for the ref- %;? pective counties to be appointed by virtue of this act, fhall be refponfible to the ex- mMetot ecutive department, and be amenable to fuch rules in the conducting the duties of their refpective oOices, as the executive may think ncceflary and proper. The col-^2 lectors of the refpcctive counties, before they enter on the duty of their omce, fhall Scrp'oit"give bond with fufRcient fecurity, as follows: For the county of Chatham in the ^L fum of five thoufand pounds; for the county of EfRngham in the fum of onethou fand pounds; for the county of Burke in the fum of tv/o thoufand pounds; for the county of Richmond in the fum of two thoufand pounds; for the county of Columbia in the fum of one thoufand five hundred pounds ; for the county of Wilkesinthc fum of four ihoufand pounds; for the county of Franklin in the fum of five hundred pounds; (or the county of Grecne in the fum of one thoufand pounds; for the county of Elbert in the fum of one thoufand pounds; for the coun ty of Wafhington in the fum of one thoufand pounds; for the county of Liberty in the fum of two thoufand five hundred pounds; for the county of Glynn in the fum of five hundred pounds, and for the county of Camden in the fum of onethou fand pounds; as pointed out in and by the tax acl* of the year one thoufand fevcu hundred and eighty-eight; and fhall alfb take and fubfcribe the following oath, to wit: "I, ^. jg. appointed collector of taxes for the county of --------, do fblem ly fwcar, thatl will faithfully difcharge the duty required of me by law." And i cafe of the death, refafal or neglect of any collector to enter into fuch bond, or take fuch oath, then his excellency the governor is hereby authorized and required to
* See feA. jo of the faid m5.

494

TAX.

appoint feme other per Ton willing to accept the fame, on the qualification aforefaid,

who (hall attend in each diftrict of the county to receive fuch tax, and ihall pre-

vioufly give public notice thereof, at leaft ten days, of the time and place of his at

tending ; and if he {hall prefume to execute the {aid office without the qualification

aforefaid, he {hall forfeit double the fum for each perfon's tax he /hall receive, to be

recovered by any perfon who {hall inform and profecute for the fame.

HW the N>nii 6. And be it further enabled, That the governor for the time being {hall take bond

aii,,.,.beukui. ^^ fecurity of the collectors of each county refpeclively appointed in conformity

to this aft, for the due performance of all the duties required of them, and in the

feveral counties (except the county of Richmond) (hall tranfmit a dedimus to the in

ferior court judges, or any two of them, to receive and caufe to be executed a bond

by the collector, with two or more fufficient fecurities, to be approved of by the faid

judges, which bond fhall be tranfmiued to the treafury forthwith by them. And the

governor {hall caufe to be executed before him a bond with like fecurity for thecoim-

ty of Richmond.

!?mScuo"s '" '/ And be it further enaffed by the authority aforefaid, That al! perfons whatever,

Aath.

W|1Q are pO {fc{feci o f any ]ands granted to, or furveyed for them, or if any other

perfon or perfons,; or of ffaves or carriages, either in their own right or in the right

of any other perfon, or are liable to pay any other tax by virtue of this act, ihall,

on or before the firft day of July next, render a particular account thereof in wri

ting upon oath or affirmation, fetting forth in what county the (aid lands and flaves

are, to the beft of his, her or their knowledge, to the receiver of the diftrict wherein

(uch perfon refides, at fuch time and place as the faid receiver fhall direct and appoint

for the doing thereof, fo that the fame be done on or before the firil day of } uly afore-

i?orm thereof, faid, which oath or affirmation fliall be in the words following, to wit : " I, --------, _

do {wear (or affirm as the cafe may be) that the account which I now give in, is a juft

and true account of all the taxable property which I was pofleffed of, held or claim

ed on the firft day of February, or was interefted in, or entitled to, either in ray own

right, or in the right of any other perfon or perfons whatfoever ; as parent, guardian,

executor, agent or truftee, or in any other manner whatever, according to the beft of

my knowledge, information and belief, and that I will give a juft and true anfwer to

all lawful queftions that may be afked me, touching the fame, and this I declare with

out any equivocation or mental refervation whatever. So help me God." Which

faid oath or affirmation the faid receivers of tax returns are hereby refpeftively duly

authorized and required to adminifter, and that gratis.

penalty for- 8. And be it further enaSed, That if any perfon or perfons (hall be guilty of neg-

k'ingYraisTre-leli(ig or refilling to give in a return of his, her or their taxable property, or fhall

be convicted of fraud, or of making a falfe return thereof, he, fbe or they, fliall be

liable to pay to the clerk of the inferior court of the county, a fine of ten pounds

for every hundred .pounds valuation fo negleQcd or concealed, one moiety thereof

for the ufe of the county under the direction of the inferior court; and the other

moiety to the informer or informers.

Attomies,tms- 9. And be it ena5led, That all attornies and truftees of or for any perfon or per-

mak/rctiimn, fons living without the limits of this ftate, fhall make true returns as aforefaid, and in

omofchd?''1^ the diftrict where fuch attorney or truftee refides, and that fuch attorney or truftee,

attornies or truftees, fhall be fubjetl and liable to pay the tax to become due by vir

tue of this act, or which may be due by any former tax act or acts, for fuch land or

lands, {lave or flaves, out of his, her or their own proper eftate, notwithftanding

fuch attorney or attornies, truftee or truftees, may renounce or difclaim acting as

TAX.

. 495

fuch before die faid taxes are levied, uulels fuch attorney or attornies, try flee
ie.es, fhall make oath before the receiver a fore aid, that he or they hath or have re-"""' tiounced fuch attorneyfhip before the payment of faid taxes become due, without having done it only with an intention to avoid the payment thereof: Prom^M aZtua^.;, c"^"That if fuch attorney or attornies, trufteeor truftees, fhall, within one year next after fuch oath made, again become attorney or attornies, truftee or truftees, or act as fuch, he or they {hall be liable to pay the faid tax as herein directed, any thing con tained to the contrary notwithftanjing; and. for levying whereof the fame remedy fhall be and is hereby given, as for levying the tax to become due by virtue of this a&, on the proper eftate or eftates of fuch attorney or attornies, truftee or truftees,
or other perfon or perfons acting as fuch. 10. v4j ^ ^ aZ/o gg#<J 6v ^Ae (Z^/zor^y <z/bre/a:J, That in cafe of any lands or Ld.&c of
othi er taxabiile pro-perty mn alili be froundibl y l th- e r" ecei/ vers to ibeilong to any periron or per- a^b%sen^te'e'".n'o*t' fons refiding without the limits of this ftate, and who have no attorney or attornies, truftee or truftees, legally constituted in this ftate, or which have not been returned to any receiver appointed in the county where fuch lands are, then and in fuch cafe, the receivers fhall be and they are hereby authorized and required to charge the faid lands and other property, for the payment of the tax impoled thereon, and- alfo for all taxes due thereon by any former tax act, and forthwith once in each month to publifh and give notice of fuch charge or affeffment in the gazette: and in cafe of nonpayment otr lrucni taxes wttininnrx monthi s, thi e lraidi ilandt andi othi er property In nau ll tbec$dhsailxlhmepotnihtlkldsf,
thereafter liable to a double tax, and to be proceeded againft by attachment in a (ummary way by the collector in the manner of diftrefs and fale, and to make titles to the perfon or perfbns purchafing the fame, and to pay the money (lawful charges
only to be deducted) into the treasury. 11. y4^ ^f ;Y ^^gj ^y ^Ae ^z^Aor^ a/org/azy, That all perfons whatever who arc nu^p^Lm
poffefifcd of any lands or flaves in this ftate in his or their own right, or in the right ol%b^|2c% any other perfon, or any ways liable to pay taxes by virtue of this or any other act, ***'"" fhall pay in their taxes to the collectors that may be appointed to receive the fame, in the manner herein after directed, on or before the firft day of December, and the refpective collectors' receipts fhall be held and taken as fatisfactory; and if at the firft day of March following any perfon or perfons (hall be in default, the collector of the county where fuch defaulter or defaulters fhall happen, fhall immediately proceed againft fuch defaulter or defaulters by diftrefs and fale, after due notice given, and Rating the amount of the affeifment levied of tax due by fuch perfon or perfons, of the goods and chattels, if any to be found, otherwife on the land of fuch defaulter 2^bf&c to or defaulters, or fo much thereof as will pay the amount of the taxes due, with cofts,tohe^und|i'f and in all inch cafcs to make titles to the purchafcrs of the property fold as aforefaid;"""^'""^' and the (aid collectors refpectively {ball, on or before the firft day of ^une, in thecoiicaomto year of our Lord one thoufand feven hundred and ninety-three, clofe their accounts "oui'^'witiAhc and deliver the fame to the treafurer for the time being, and after deducting five per^ycrcenc. centum on altlt lrucni taxes as thi ey Innalrl receive, pay thi e remai ndi er to tihe l<ai di treali urer: commissions. Prow'^ Mfwr^&Jg/j, That no tax collector {hall diftrain for any tax in arrear until 2]?%tdk.a demand is made at the houfe of the perfon fo in arrear, nor fhall he be allowed any de%nd%iL "greater fee for diftraining than two {hillings and fourpence, and a commimon on the the%&S*
amount of the fale of the property fold at five per centum. 12. /4(Z ^ ;V ywVAer ma^gj, That when any of the faid receivers of returns or ^y,_^. ^
collectors of taxes, {hull or may difcover that any lands or flaves, or other taxable b^kcjed'*"
property hath not been returned as in this act is pointed out, he or they fhall fum-"""""''

4^3

TAX,

mon three freeholder:, residents of the diftrict where fuch lands may lie or other

'property be, to a (certain the value of fuch lands or other property, and double the

tax thereon, for which amount the collector is hereby empowered and required to

?2%Mfa[ levy, fell and convey in the manner herein already mentioned. .Prow&j aJzuayj

public^. ngvgr/AcJf/J, That all lands or other property Vefted in commiGioners or truftees for

pravbo. public ufes, fhall not come within the purview of this act: J?i^j&rot;i&jaJ/o, That

orphim. no fale which (hall be made under this act of the property of orphans (having no

guardian or tru(tee) fhall have any effect. jJM^zuAfrMJ it has happened and may

frequently happen, that between the day of receiving the returns and the day ap

pointed for the payment of the faid tax, many perfbns have left the diftri& in which

they refide, and have been returned by the collectors as infolvcnts, who had no

property upon which the collector could levy and diftrain :

Huoiwnt*. ig_ j?g iMAo'f/orgena^g^ /^//igai^AorMya/orf/aiJ, That the collector in every

county (hall be obliged to lay before the grand jury of each county, a lift of fuch

infblvents as may be in fuch county or counties, who fhall allow or dilallow the

fame.

*

14. vln^e ^ (Z//0 gMa^gj ^ ;Ag dM^dy^y g/bre/a;^, That thetaxes impofcd by thid

act (hall be preferred to all fecurities and encumbrances whatever; and that in cafe

any perfbn or perfbns coming under the notice of this act, fhall die between the

time of giving in his, her or their returns to the receiver or receivers reflectively,

and the paying of his, her or their tax, and any goods or chattels of the deceafed, to

the value of the fum taxed, mall come into the hands of his, her or their executors

or adminiftrators) or executors in their own wrong, fiich executors or adminiftra-

tors fhall pay the fame by the time before limited, prior to all judgments, mortgages

or debts whatsoever* or otherwife a warrant of execution (hall iffue againft the prop

er goods and chattels of fuch executor or adminiftrator; and if any perfon or per

fbns, between the time of rendering the account of his, her or their eftate to the re

ceiver aforefaid, and the time of his^ her or their paying in the faid tax, fhall be

' about to depart the county in which he, fhe or they, may have immediately then pre

ceding refided, the faid collector or collectors is and they are hereby directed and re^

quired forthwith to levy the fame, notwithftanding the day of payment may not then

become, unlefsfuch perfbn or perfbns fhall and will find fecurities to be approved

of by the faid collector or collectors reflectively, for the payment, thereof at the day

herein appointed*

a,. ig. y4%j ^c ^ /yVAgr eMg^fiJ, That all deeds of gift, conveyances, mortgages, fales

TM"and alignments of goods, lands, tenements and chattels of any kind, of any per

fbn or perfbns whatfbever, made with an intention to avoid paying the aforefaid tax,

are hereby deemed and declared null and void. And in cafe any perfon who has

mortgaged his eftate real or perfbhal, mall refufe or neglect to pay the tax of the

fame* the mortgagee fhall be liable to pay the fame: .Prow^ej, That no fale fbi*

taxes under this act fhall tend to affect the right of the ftate to any property mortgaged

or fecured to this ftate*

f* 16. v4%^ ^g iVyMyZAey gnd^f^^ ZAedz^Aorz^ a/ore/a^f, That the treafurer for the

time being be, and he is hereby empowered and required to grant executions againft

all former collectors of taxes who are or may be defaulters, immediately after the!

paffing of this act; and he is hereby required and directed to proceed and prepare

the form of a general return to be made by the refpective receivers of tax returns*

to be approved of by the governor, and tranfmitted by the treafurer without delay

to the aforciaid

TAX.

^



497

17. And he it further enabled, That where the collector of the county finds no J'thcJ'cSTM

property real or perfonal therein of perfons in arrears to fatisfy the tax due by yir- Sifctto^1'1 '>r

tue of this or any former tax aft, fuch collector is hereby authorized and empower

ed td fell fo much of the property of the'perfon neglecting to pay as aforefaid, as

may be fit.uate in any other county oj counties as will fatisfy the laid tax and arrears

of tax aforefaid : Provided^ That thirty days'notice be previoudy given, oi the iv<n%3 .

time and place of fuch fale.by fuch colleftor, in the public gazette.

notice7 L "y"

18. And be it alfo cnaSled, That every perfon or perfons refufing or neglecting to Pe,,,lltrfo,.,!0(;

-give in a lift of his, her or their taxable property, agreeably to the directions of this ^^j^'

, .act, (hall forfeit and pay for every fuch neglect the fum of twenty (hillings for every

free male perfon above the age of twenty-one years; the fum of twenty {hillings for

every negro, and the fum of twenty millings for every hundred acres of land, to

be paid by the rnafter or owner, thereof, and to be recovered by bill, plaint or infor

mation before any court of record; the one half thereof to go to the informer, and

the other half to the ufe of the county where fuch information is made, except

where the profecution is carried on by.prefentroent, and in that cafe the whole mall

be applied to the ufc of the county. Provided always, That fuch information or pre- 1>rovico-

fentment be made within twelve months after fuch neglect or default.

19. And be it enacled, That it [hall be the duty of the judges of the fuperiornefanitersb.be

courts at their next term after the returns of the receivers of taxable property fhall S^sd JOT?.

have been made agreeably to this aft,! to give it in charge to the grand juries of the

feveral counties, that they do prefent all fuch pcrfons as may be defaulters under this

aft. Provided neverlkelefs, That where any perfon or perfons who may be a default-proviso,

er, (hall, before any information or prefentment be made againft him or them, go

to the clerk of the fuperior court of his county, and give in a lift of his property

upon oath in the fame manner as ought to have been given to the receiver, fuch per

fon or pcrfons fhall be exonerated from the pains and penalties of this aft.; and each

perfon (hall pay to fuch clerk for taking fuch lift the fum of two (hillings and four-

pence, and every fuch clerk (hall return to the colleftor of his county, on or before

the fir ft day of February orte thoufand feven hundred and ninety-three, a true lift of

fuch property, and alfo tranfmit to the treafurer a return thereof on or before the

fir ft day of May following.

.. -20.- And be it further ena'ded by the authority aforefaid^ That the tax. impofed by cow,silver,

this aft, fhall be paid and collected in gold and filver coin, or warrants drawn on (hcrai^^'mS

treafurer for the year one thoufand feven hundred and ninety-two, and'nothing eife. ofthis "u"

And no replevin fhall lie or other judicial interference be had in any levy or difl rain <; replevin,

for taxes under this law, but that the party injured be left to his proper remedy in a

court of law. And whereas doubts have arifen whether the treafurer is juftifiable in

iifuing his execution againft the fecurities of any collector for any balance due by

them, -or hereafter may become due ; for explaining the fame,

21. Be ik enacted^ That the treafurer is fully authorized and he is hereby directed. SagS"

that in all cafes where any collector or collectors fhall neglect to pay according to Sfmsiudc"

the directions of this aft, the treafurer fhall- ijDTue his execution againft fuch colleftor

or collectors and their fecurities.

22. And be it further enabled, That from and after the pafllng of this aft, crop or Totacco

transfer tobacco

notes

from the inflection

at Peterfburgh in the county

of

from
Elbert, ^1'TM'

fhall be receivable in the payment of taxes for the year one thoufand feven hundred Snt'o'r

3 1?

'

for 1791 v

498

TAX.

and ninety-one, at the rate of ten (hillings and fixpence per hundred, any former

law to the contrary notwiihftanding.

23. And whereas from the neglect of the receivers appointed for the county of

Chatham in the diftricts of Great Ogechee and Cherokee Hill to take in a lift of tax

able property therefor, in the year one thoufand feven hundred and eighty-nine, no

returns were made for the faid year, whereby no collection of tax from the inhabi

tants of the aforefaid diftricts was made, and it is juft and right that every individ

ual of the community mould contribute to the fupport of government; for remedy

?urcn^o7cua^ wnerefj ^ e it further enatted, That the receivers to be appointed under this act to

wTti/ce'uIn ta^e in the returns of the taxable property of the county of Chatham, be and they

>a\f*ss. are hereby directed to require of the inhabitants of the diftricts of Great Ogechee

and Cherokee Hill on oath, a lift of the taxable property each of them were poffefi-

ed of, at the time when the property ought to have been given in to the receiver ap

pointed under and by virtue of the tax act, for the year one thoufand feven hundred

and eighty-nine aforefaid, which lift fuch receiver fhall keep feparate from ehe tax

return to be made under this act, and fhall return the fame to the treafurer, together

with the general return to be made under this act, and the receiver mall have and re

ceive the fame allowance for his trouble as is by this act allowed receivers, and every

perfon or perfons neglecting or refufing to give in fuch lift, fhall be returned a de

faulter, and fhall be fubject to all the pains and penalties as other perfon or perfons

refufing or neglecting to give in their, taxable property under this act are, and fhall be

proviso. . recovered in the manner herein pointed out. Provided neverthelefs,. That where it

ivrl"topa^ fhall appear to the receiver that any perfon or perfons hath or have given in their

Sl>:ip!ecrvm"ieudciu!m!f far that year,

prrorpey rty polled to

for the give in

aforefaid y/e" ar, their return of

in fuch cafe fuch taxable property,

rperfon or pr erfon^s fhall not be comand that no perfon who is in arrear

for the taxes of the faid year, fhall be compelled to pay in fpecie more than the real

value of the paper medium at that time, which was four for one. And the collector

for the county of Chatham fhall receive and account with the treafurer for the afore^

laid arrearages in the fame manner as for the tax impofed by this act.

"verctbr rmV And be. it enaffcd by the authority aforefaid, That any receiver making a falfe re-

kmg .raiserq- turn ^ expreffivc of more or other than is to him given in, fhall forfeit and pay to the par*

ty aggrieved a fum equal to double the amount of the tax on the property fo illegally re-

coiieaon turned, and any collector demanding any other or more tax than by this aft is im-

.-(lei ic"t&ue. pofed according to the refpective returns fhall forfeit and pay to the party aggrieved

for every fuch offence fourfold on the fum fo unlawfully received, to be recovered

sh ,ffshalll,x.before any jurifdifction having cognizance thereof, and it fhall be the duty of the

SsilSa-" Sheriffs of the refpeclive counties to execute all executions and other procefs iffued by

tor"st C0il5c" tne treafurer againft officers appointed by this act, under and by virtue of the fame.

WILLIAM GIBBONS, Speaker of the Houfe of Rcprefentaiioa*

N. BROWNSON, Prejident of the Senate,

Concurred December 22, 1791.

EDWARD TELFAIR, Governor,

TAX.

499

An aft to i'mpofe a tax on the inhabitants of thisjlaiefor the fopport of the government for the year one thoufand feven hundred and ninety-three.

i. T> E IT ENACTED,, by the Senate and Houfe of Representatives of thejlateofr**m\ir.to JLJ Georgia, in General AJfembly met, That a tax of eight (hillings and twopence Icy"TM' 01 mt
for every hundred pounds value of all lands within the ftate, granted to or furveyed for any perfon or perfons, fhall be paid and levied thereon.
2 And be it further enaded, That the value or eflimation of fuch lands fhail .be^crtherms rated agreeably to theefiimation or value of lands in and by the aft entitled " An at th=t!xadF to raife a tax for, the fupport of government for the year one thoufand feven hundred
and ninety-two." 3. And be it further enatted, That the furn of one {hilling and ninepence fliall be S^a"^
levied on all free male white perfons refrdents within this {late from the age of tweri-TM"' ty-one years and upwards; and the fum of one {hilling and ninepence on all negroes onnegrow.
and oilier flaves under the age of fixty years within the limits of the fame; and the On lotS) ^ fum of four'{hillings and eightpence for every hundred pounds value of every lot, wharf or other lands not herein otherwife included, and the fame fum for the like va lue of all buildings and improvements within the limits of any town, village or bo rough ; and the fum of fix {hillings and fixpence upon all four-wheeled carriages, 0narriaK. including caravans, coaches and Mage-waggons (waggons carts and drays excepted;) and the fum of one {hilling and ninepence on all free male negroes, mullattoes and Onfreem,. muftizoes, .from the age of twenty-one years and upwards, over and above the taxa- Er<*,&c. ble property they may be poflefled of within this ftatc, and the fum of four {hillings onstockm and eightpence mall be levied on every hundred pounds value of all perfons'(lock in trade' trade, whether merchants, fhopkeepers or other perfons retailing the fame-within this ftate, to be given in on oath, and to be computed on prime coft ; the fum of twenty-.pnia.wyer,&c. eight {hillings on all profeffors of law or phyfic, faftors, brokers, and vendue mafters; and the fum of four {hillings and eightpence on every hundred pounds value of all foreign goods, wares, liquors, negroes and merchandize of what nature or kind focver, fold, bargained or trafficked for by fuch faclors and brokers; and four {hil lings and eightpence on every hundred pounds value on all goods, wares and liquors, negroes or other merchandize fold at vendue; fuch faQors, brokers, and vendue mafters to render the fame in on oath. Provided nevertheless, That in all cafes of ex- provis.. trerne indigence or infirmity, the inferior couit may remit the poll tax on fuch indi gent or infirm perfon if he fliall claim the fame.
4.. And be itfurther enaEted, That the receivers of tax returns and collectors of Reccivt.fs to tse taxes {hall be appointed as they were appointed in and by the aft to raife a tax for the Sple^y uie year one,thoufand feven hundred and ninety-two; and their duties fliall feverally be s?e"ea?TMi. the lame as is therein pointed out and required for receivers and colleflors under thai an!ui-EVi' law; andthe regulations, reftrictions, claufes and provifoes, as well for the government bTMt1xsSd'**&. and rule of fuch receivers and collectors as for the government and rule of the inhab itants of this ftate liable to pay tax, either for giving in returns or payment of taxes, or for the time and mode of fo doing ; except that the receivers of taxable returns in each county {hall receive for each name returned to him the fum of fixpence, or for receiving and digefting fuch returns, or for levying on and felling property, fliall be the fame for carrying this law into execution as is therein contained for the regu lations and reitriftions undej which this law is declared to operate. Provided, Thatprovis(, no fales of land {hall take place tinder this lav,', unlcs thirty'days' noiice of fuch faK'^hm'icuwJiV* iiall have been given by publifhing. the fame in forne one of the public g a ."ys'oli^-.
1



TAX.

y

zett.es of this Rate, together with the belt description of fuch land the collector is able to procure, and which charge for publishing fuch notice, fuch co!lector may tieduft from the amount Tales of the property ibid, or lawfully demand from the perfon ownrwv!fo. ing and paying the tax for the fame. And provided, That no falc for taxes mail be sCueKciucd." conftrued to have effefl: where it has already taken place or may hereafter take place of property mortgaged or fccured to the Hate, or where the Rate has otherwife a legal or equitable title to the fame. The aft laying 5. And be it further ena&ed, That for the better carrying the foregoing claufe into vciViVin execution, all and every part of the aforementioned acl for r ailing a tax for the fupfcncipl tfpoarcreu.m'eixi-i- port orr government fror thi e year one t1houlrandi ireven ihund1 red1 an1 d - ninety-two not-mil!iatf. tating with this act, (hall beheld, deemed and considered as of full force and effect.
6. And whereas divers perfons non-relidents of this Rate import large quantities of goods, and evade the payment of taxes by not being in this Rate at the time ufually preNon-resueiiu Scribed for making returns for taxes, for remedy whereof, Be it enatted, That any 6'occa'ari-'e non-refident who Shall expofe to (ell any goods in this Rate, (hall op his arrival or K;ui.5t. within feven days after entering the fame, make return on oath to the receivers of taxable returns, and give fecurity to the tax collector to pay the fame on or before proviso. the time prescribed for paying the taxes impofed by this aft. Provided^ That fuch goods mall not be liable to pay the taxes where they may be exported or placed in the hands of a vendue mafter or factor to be actually difpoSed ofby him or them, it {hall and may be lawful for the tax collectors to proceed againft him or them in like man ner as perfons about to remove out of the county on failure thereof. Iate,cwi1ieuor8 7- Be it further "enaffed, That fales for taxes, where the property {hall-be purchafed fraudulent. j n for? or jj e p^y by the perfon or perfons previously entitled thereto, or by his, her or their executors or administrators, or by any other perfon-or perfons in tfuft for him, her or them, mall be held and considered as good evidence of a fraudulent in tention and Sale, where the Same Shall be contested, by'bona fuk creditor, lineal reprefentative, or legatee, in any court of law and equity in this State; and fuch perfon or perfons, on conviclion of fuch fraudulent intention and {'ale. Shall forfeit the amount of taxes he, She or they, may have paid on the fame. county t. 8. And be it further enaffed,, That all perfons who were heretofore, now are, or here after may he Subject to a county tax, Shall pay in the county where Such perfon refides, in proportion to the whole amount'of his or her taxable property, whether fuch lands be within that county or any other within this State. oolieaorof f- 9. And'be it further enafled, That the collector of taxes for the county of Effingdut>"m'"i' ham Shall attend at the four following places within the county for the purpoSe of re ceiving the tax for the year one thouSand feven hundred and ninety-two, and for the year one thoufand Seven hundred and ninety-three, at the houSes of JoSeph JackSbn, [ofhua Pierce, John Waldtour and John M'Call, and at no other place, any law to
the contrary notwithstanding. WILLIAM GIBBONS, Speaker ofthe Houfe of Refrefentatives. BENJAMIN TALIAFERR.O, Prefident of the Senate.
Concurred, December 20, 1792. ' EDWARD TELFAIR, Governor.

TAX.

5 0i

An all to iinpofe a tax on the inhabitants of this ftate, for the fupport of the govern ment for the year one tlioufand feven hundred and ninety-four.

i. TJ IT ENACTED by the Senate and Houfe of Reprefenlalives of thefi.ale oj^^\ mmr, JO Georgia in General Ajfembly met^ That a tax of eight".(hillings and two- v^d ta!ML
pence for every hundred pounds value of all lands-within this ftate, granted to or lu-rveyed for any perfon or perfons, (hall be paid and levied thereon.
2.* And be it further enacled, That the value or eftimation of fuch lands (hall be S^l/j!^ rated agreeably to the eftimation or value of lands in ,and by the aft, entitled " An StfS^L^aacl: to raife a tax for the fupport of government for the year one thoufand feven Uj"UI '~9 "
hundred and ninety-two." 3. And be it further enaB;A, That the fum-of one (hilling and ninepence (hall b^-J^""^TM"5-
levied on all free male white perfons refideuts within this ftate from the age of twentyone years and upwards; and the fum of one (hilling and ninepence on all negroes and other Haves under the age of (ixty years, within the limits of the fame; and the fum of four (hillings and eightpence for every hundred pounds value of ev ery lot, wharf or other lands not herein otherwife included; and the fame fum for the like value of all buildings and improvements within the limits of any town, village or borough; and the fum of fix (hillings and (ixpencc on all four-wheeled , 'carriages, including caravans, coaches and (lage-waggons (waggons exccpted); and the fum of one fhilling and ninepence on all free male negroes, mulattoes and niuftizoes, from the age of twenty-one years and upwards, over and above the taxable property they may bepofleffed of within this ftate; a\id the fum of four (hillings and eightpence (hall be levied on every hundred pounds value of.all perfons' flock in trade, whether merchants, fhopkeepers, or other perfons retailing the fame within this ftate, to be given in /on oath, and to be computed on prime coft; the fum of twenty-eight (hillings on all profeffors of law or phyn'c, faclors, brokers, vendue mailers and dancing matters; and the fum of four (hillings and eightpence on every hundredpounds value of all foreign goods, wares, liquors, negroes and merchandize, of what nature or kind foever, fold, bargained or trafficked for by fuch faclors and brokers; and four (hillings and eightpence on every hundred pounds value on all goods, wares and liquors, negroes or other merchandize, fold at vendue: Provided 'neverthelefs,t,ma- a. That iii all cafes of extreme indigence or infirmity, the inferior court may remit the poll tax on fuch ifidige.it or infirm perfon. if he (hall claim the fame.
4. And be it further enabled, That the receivers of tax returns and collectors 'of Rccch,ersaml taxes, (hall be.appointed as they were appointed in and by the aft to raife a tax for ^Jtat3Sd '" the year one thoufand feven hundred and ninety-two; and their duties (hall feverally S'S'S^ be the fame as is therein pointed out and required for receivers and collectors under seeseaioVf.j, that law; and the regulations, reftrictions, claufes and provifoe.s, as well for the go vernment apd rule of fuch receivers and collectors, as for the government and rule of the inhabitants of 'this ftate liable to pay tax, either for giving in returns, or pay-, ment of taxes, or for the time and mode of fo doing; except that the receivers of Receivers-fee*, taxable returns in each county (hall receive for each name returned to him the fum of (ixpence; or for receiving and digefting fuch returns, or for levying on and felling property, (hall be the,fame for carrying this law into execution as is therein contained for the regulations and reftrictions under which that law is declared to operate: Pro, PW;EO,
wdsd, The collector of taxes may and (hall .pay to the receiver of tax returns, month-

* See from page 400 to 498.

TAX.

*

ly if required, the amount of fuch fums as the receiver may be entitled unto, fbr all perfbns who have paid their taxes at the time fuch demand is made; and the receivers of taxable returns fliall not. be entitled to demand or receive any allowance or pay for making returns of any perfon until the tax of any fuch perfon or perfons is or are *%tYda' P^id- /JM^row&<f, That no (ale of lands fhall take place under this law, unlefa %'%^,%-thirty days' notice of fuch (ale fhall have been given, by publifhing the fame in fbme :onan,k one of t^e public gazettes of this ftatc, together with the bcft defcription of fuch lands the collector is able to procure, and which charge fbr publifhing fuch notice fuch collector may deduct from the amount of fales of the property fold or lawfully demanded from the perfons owing and paying the tax fbr the fame. jM^nnvicM, pmpoty mart-That no (ale for taxes fhall be conftrued to have cfrecl where it has already taken %"""'" place, or may hereafter take place of property mortgaged or fccured to the ftate, or where the ftate has otherwife a legal or equitable title to the fame. A]ithcaof 5" ^"^^ 2Vy%yV&rgg<^J, ThatfoKthebettercarryingthefbregoingclaufeinto ^'to"tmSa execution, all and every part of the aforementioned acl for raifing a tax for the fup%^"^port of government fbr the year one thoufand feven hundred and ninety-two, not militatiag with this aCt, fhall be held, deemed and. confidered as of full force and
cfMt. 6. .dmZ zuAfrMj, divers perfbns, non-refidents of this ftate, import large quanti
ties of goods, and evade the payment of taxes by not being in this ftate at the time ufually prefcribed for making returns fbr taxes: for remedy whereof, .Bf zV z/zS!, ^r^S^ That any non-refldent who fhall expofelo fale any goods in this ftate, fhall,. on his !^"cim%!!d"3rriv^; or within feven days after entering the fame, make return on oath to the re ceiver of taxable returns, and give fccurity to the tax colle&or to pay the fame on or before the time prefcribed fbr paying the taxes impofed by this acl: JVowVM, That, fuch goods fhall not be liable to pay the taxes where they may be exported, or placed in the hands of a vendue mafter or faclor, to be aclually difpofed of by him or them* and on failing to comply as aforefaid, it fhall and may be lawful for the tax collec tors to proceed againft him or them in like manner as againft perfons about to remove out of the county. Mdcnccof 7. Jjij^/MrZAgrgna^g^, That fales fbr taxes where the property fliall be pur^ iMmiuicnt chafed in, for, or be held by the perfon or perfbnsprevioufly entitled thereto, or by his, her or their executors or adminiftrators, or by any other perfon or perfbns'in Vruft for him, her or them, fhall be held and confidered as good evidence of a fraiir dulent intention and fale, where the fame fhall be contefted by a ^ona^^g creditor, lineal rcprefentative or legatee, in any court of law and equity in this ftate; and fuch perfon or perfons, on convi&ion of fuch fraudulent intention and fale, fhall forfeit the amount of taxes he, (he or they, may have paid on the fame. .
8. v4%j ^g ^y^^A^r ew^f^, That all perfons who were heretofore, or hereafter Coimty t may be fubjeQ to a county tax, fhall pay in the county where fuch perfon or perfbns
refide, in proportion to the whole amount of his or her taxable property, whether fuch lands be within that county or any other within this ftate. f.n- p. v4^ Zig ^y7V/igr emg^eJ, That his excellency the governor is hereby vefted i^ofti'^ wth f^H and ample powers to call on the.colleEtors of the taxes in the feveral coun ties, in any manner he may think belt (to pay into the trcafury the monies they may have feveratly colle&cd) at any time after the firft day of March; and any col lector failing to make fuch payment when required as afbrcfaid, fhall be fubjcck and liable to have execution iffued againft him for the full amount of his collection.

TAX.

503

10. And l>e it farther enaffed, That the collector of the tax for the county of county tax of Wilkes, fhall and he is hereby authorized to collect from the feveral perfons liable to teiaMgul ll pay tax i n lraidl county, one ei ghi th or the amount orr tlheir generalI tax lror th1 e year one Wilket; thoufand feven hundred and ninety-three ; which laid tax fhall be fubjeQ to the order of the inferior court for the purpofe of fatisfying the feveral claims againft the county for building bridges or otherwife, and for the fupport of the poor of faid -county.
11. And be it further enafted, That each collector of the public tax {hall take tne ^V^Vwi following oath " That he hath not extorted from any perfoji or perfons any dif- leaWr count on any governor, prefident or fpeaker's warrant which he offered in fettleraent of the tax of the county for which he is appointed collector; and that he has not refufed to receive or exchange the fame;" which oath the treafurer is hereby di rected to adminifter to the feveral collectors at the time of fettlement.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatjves. BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 19, '1793.
GEORGE MATHEWS, Governor.

J.n act to raife a tax for the fupport -of government for theyear one thoufand feven hwndred and ninety-Jive.

E IT ENACTED ly the Senate and Houfe of Reprefentatives of thcjlale of

Georgia, in General Aflcmbly met. That a tax of fix /hillings for every hun- Taxonaii d,red, poundis val, ue olr al1l1 ilandis wi thi i n thi is Intate, grantedi to or lfurve&yedi tror any pei"-l^amTMls B;^nt,*dd<' l ,

fon or perfons, fhall be paid and levied ihereon ; and the value or eftimation of fuch |im;jet*"arf

lands ih'all be rated agreeable to the eftimation or value of lands in and by the at en- S^car"3^*

titled " An aft to raife a tax for the fupport of government for the year one thoufand

feven hundred and ninety-two."

:

2. And be it further enafted, That the fum of one {hilling and twopence {hall be Taxcm*

levied on all negroes and other {laves under the age of fifty years, within the limits of gr"cs'

this ftate; and the fum of three {hillings for every hundred pounds value of every

lot, wharf or other lands not herein otherwife included, and the fame fum on the

like value of all buildings within the limits of any city, town, village or borough ;

and the fum of four {hillings and eightpence on all four-wheeled carriages, including

caravans, coaches and llage-waggons'(waggons excepted); and the fum of one {hil

ling and twopence on all free male negroes, mulattoes and muftizoes, from the age

of twenty-one years and upwards, over and above the taxable property they may be

pofleffed of within this Rate; and the fum of three {hillings fhall be levied on every

hundred pounds value on all perfons' {lock in trade, whether merchants,- fhopkeep-

ers or others retailing the fame within this ftate, to be given in on oath to be computed

at prime coft ; and the fum of eighteen {hillings and eightpence on all praftitioners onpraftmonw

of law or phyfic; and the fum of eighteen {hillings and eightpence on all faelors, oflaw'*

brokers and vendue rtiafters; and the fum of three /hillings on all foreign goods,

wares, liquors, negroes and merchandize of what nature or kind foever, fold, bar

gained or trafficked for by fuch factors or brokers; and the fum of three {hillings on

all negroes and other merchandize fold at vendue.

604'.. ..



. ' TAX,



.

Rcc^ami' 3- And be it furihcr, enabled, That the. receivers of tax returns and collegers of ' ""liluvdl^.t^xes fliail bo. appointed as they were appointed by and under "An aft to raife a tax l^Stl'^'for the. year one thoufand (even hundred and ninety-two ;" and their duties mall fevl wiS"""i.\n crally be the fame as is therein pointed out for receivers and collectors under that law, tu,i/mcc,A.c. an(| ( ^ e reg u ) ations, reftrictions, claufes and provifoes, as well for the government and
ruleof-fudi receivers and collectors, as for the government and rule of the inhabi. tants of i.his.ftate. liable to pay tax,. either for giving, in returns or payment of taxes,
or for the time a.ndmqde of fo doing, (except that the receivers of taxable returns in Receive.*'com-each county .{hall receive the (urn of- two and one half per cent, on the amount of pc.iw.uon. taxes accruing on ;the property by. them returned) or for levying on or felliiig proper
ty, fli all be the --fame for carrying this law into execution as is therein contained for the regulations and reftrictions under which that law is declared to operate. Provided, PTMTM. That the collector may and fhall pay to the receivers of tax returns, monthly, if re quired, the amount of fuch fums as the receiver may be entitled unto for all perfons who have paid their taxes at the time fuch demand is made; and the receivers of tax able returns mall not be entitled to demand or receive any allowance or pay for mak ing returns of any perfon, until the tax of any fuch perlbn or perfons is or are paid. saiesofiarui Ami -provided no fale of land fhall take place under this law, unlefs thirty days' notice "lUaft'iuhirtyof fuch falc 'fhall have been given, by publishing the fame in forae one of the public tSAre given!0" gazettes of this ftate, together with the beft defcription of fuch land the collector is able to procure, and which charge for publilhing fuch notice fuch. collector may doduct from the amount of Tales of the property fold, or lawfully demand from, the property mort- perfon owning and paying tax for the fame. And provided alfo. That no falc for taxes g!;\ w ue ^ fSiall-bc conflrued to have effect where the property is mortgaged or fecured to the ftate, or where the ftate has otherwifea legal or equitable title to the fame. lUienccof 4. 'And be it further enabled* That the fales for taxes, where the property (hall he' -s!te!"ient purcha.fed in for, or in behalf of, the perfon or perfons previoufly entitled thereto, or by his, her or their executors or adminiftrators, or by any other perfon or per' fons, for him, her. or them, ihall be held and confidered as good evidence of a frau dulent intention and fale when the fame {hall be contefted by a bona fide creditor, lineal reprefent,ative or,legatee, in any court of law or equity in this ftate; and fuch. perfon or perfons. on'conviction of fuch fraudulent intention and fale;, fhall forfeit the amount, of taxes he, fhe or they have paid on the fame.
5. And whereas divers perfons, non-refidents of this ftate, import large quantities of goods, wares.and merchandize, and evade the payment of taxes by not being in the ftate, at the time ufually prefcribed for making returns for taxes; for remedy whereHon.rcskk.nis of, Be it cHattcd^ That any non-refident who fhall expofe to fale any goods in this lTM"\wno?K ftate, fhall, on his arrival or within feven days after entering the fame, make return pEr.oincs^ta.l^d a- on oath, to thi e recei ver or/* taxabITle returns, andi give/l- ec'urity to thi e tax col11lecr\tor to pay the fame on or before the time-prefcribed for paying taxes impofed by this act: Provided, That fuch goods mall not be liable to pay.the tax, when they may be ex. ported or placed in the hands of a vendue mailer or fafctor, to be actually difpofed of by him .or them ; and on failing to comply as aforefaid, it fhall and may be law- ful for the tax collector to proceed againft him or them, in like manner as againft perfons about to remove out of the county.
6. And be it further enabled. That his excellency the governor is hereby vefted with full power to cail on all-collectors'of the taxes in the feveral counties, iu any manner he may think heft (to pay into the treafury the monies they may have feverally collec ted) at any time after the firft day of March, any collector failing to make fuch pay-

TAX. ^

505

when thereunto required as afore:faid, (hall be fubjeft and liable to have execu tion iflued againft for the full amount of his colleftrori.
7. And be it further enatted, That each colleflor of the public tax fhall take the coiieaor'* following oath : " That he hath not extorted or received from any perfon, any dif- 0" '' count on any governor, prefident, or fpeaker's warrant which he offered in fettle rnent of taxes of the county, for which he is appointed collector, and.that he has not refufed to receive or exchange the fame." Which oath the treafurer is hereby direfted and empowered to adminifler to the feveral collectors at the time of fettlement, and every perfon making a return of his, her or their property, fhall exprcfs in. the body of fuch return to whom the lands therein were originally granted or conveyed ' , by the Mate.
'8. Whereas ifi and by an aft entitled " An aft to grant monies for thepurpofe ofc?ttaiapartt^ building and repairing court-houfes and jails," paffed at Augufta on the 15th De- ^^^^ cember 1791, it is enafted " That the juftices of the inferior court of each county tain COUiUifiin the ftate may levy a tax in fpecie upon the feveral perfons liable to pay tax in the refpeftive counties, not exceeding one fifth part of fuch perfons' general tax. Be it therefore enacted^ That fo much of the aft as is before recited fhall be and the fame is hereby declared to be repealed, fo far as refpefts the counties of Liberty, Effingham, Greene .and Montgomery, after completing the collection of the tax of the year one thoufand (even hundred ninety-four : And be itfurther cnaffied, That the jufti- taxof ces of the inferior courts of the counties of Liberty, Eifmgbam, Greene and Mont-^j^|<5gomer.y, be and they are hereby authorized and empowered to-levy a tax, on all taxa-^[j^1* ble property within their refpeftive counties which fhall not exceed one half the amount of the general tax for the purpofe of enabling the commiffioners to build and keep in repair jaiis and court-houfes in their feveral counties. . 9. And whereas the ftate has been defrauded of a confiderable part of her revenue ?cTMFr3 ;n t*? arifing from property not being returned in the county where the property may be, TMuY whereit for remedy whereof: Be it enabled, That all perfons pofTefiing -property liable to pay tax in any of the counties within" this ftate, fhall by themfelves, or their attornies, re turn fuch property where the fame may be, within the time prefc'ribed by this aft.
10. And be it further enabled, That for the better carrying the foregoing claufes in- ci?rcito7beof to execution, all and every part of the aforefaid aft for raifing a tax for the fupport of forcc' &'; governmentTor the year one thoufand feven hundred and ninety-two, not militating with this aft, be deemed and confidered of full force and effect.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives. BENJAMIN-TALIAFERRO, Prejidc nt of the Senate, Concurred December 29, 1794. GEORGE MATHEWS, Governor.

An all to raife a tax for thefupport of governmentfor the year me thoufand feven hun dred and ninety-fix.
j. T> E IT ENACTED by the Senate and Houfe of Repr.efentatives of thejlate o/T<,ti JO Georgia in General Affembly met, and it.is hereby cnacled by authority there-^S^l.
fft That a tax of forty cents for every hundred dollars value on all lands within this

06

TAX,

ftate, granted to or furveycd for any perfon, as fuch lands fliall be eftimated at, fhall be levied on the fame in the following mode, to wit,
All tide fwarnps (cultivated or uncultivated) including iflands^ of the firft quality, at ten dollars and thirty-nine cents per acre; of the fecond quality at fix dollars, for ty three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre. All pine lands adjoining fuch tide fwamp lands, or contiguous thereto, and within
three miles of water carriage, at one dollar fixty-one cents per acre. All prime inland fwamps, cultivated or uncultivated, of the firft quality, at an aver-
'age of (even dollars feventeen 'cents per acre; of the fecond quality, at three dollars ninety-feven cents per acre; of the third quality, at one dollar fixty-two cents per
acre. All pine barren lands adjoining or contiguous thereto 3 at forty-three cents per
acre. - All fa.lt marfh, at forty-three-cents per acre.
A11 high river fwamp and low grounds, cultivated or uncultivated, (including iflaiids) including fuch as are commonly called fecond low grounds, lying above Abercorn Creek and as high as the mouth of M'Bean's Creek on Savannah River, of the firft quality, at five dollars thirty-fix cents per acre ; of the fecond quality, at three dollars twenty-two cents per -acre ; and of the third quality, at one dollar fixty-one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the mouth of Rae's Creek, of the firft quality, at eight dollars and three cents per acre; of the fecond quality at five dollars thirty-fix cents per acre; and of the third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creek, to the mouth of Broad River, lying on Savannah River, of the firft quality, at four dollars eighteen cents per acre ; of the fecond quality, at two dollars thirty -five cents per acre ; of the third quality, at feventy-five cents per acre.
All oak and hickory lands cultivated or uncultivated, (including iflands) from the mouth of Rae's Creek to the mouth of Broad River, and within one mile of Savannah River, of the firft quality, at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five cents per acre; and of the third quality at forty-three
cents per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, a'nd within one mile of the fame,, arid up Tugalo River to the marked line on faid ftream, of the firft quality, at one dollar and eighteen cents per acre ; of the fecond quality, at fixty-eight cents per acre; and of the third quality at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the mouth of Broad River to the marked line on the head thereof, of the firft quality, at one dollar eighteen cents per acre; of,the iecond quality, at fixty-eight cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated, from Fort Argyle to the mouth of Buck-head Creek, on Ogechee River ; of the firft quality, at two dollars three cents per acre ; of the fecond quality, at one dollar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the liead o:[ Ogechee River3 of the firft quality, at one dollar iixty- one cents per acre;

TAX;

507

of the fecond quality, at feventy-ftve cents per acre; and of the third quality, at

forty-three cents per acre.

All high river fwamp or low grounds (including iflands) cultivated or uncultivated,

from the mouth of Buck-head Creek to the head of Ogechee River ; of the firft

quality, at one dollar fixty-one cents per acre; of the fecond quality, at feventy-flve

cents per acre ; of the third quality, forty-three cents per acre.

All high river fwamp, cultivated or uncultivated, (including iflands) from Cat

head on the River Alatamaha, to the mouth of Oconee River, of the firft quality,

at two dollars thirty-five cents per acre; of the fecond quality,'at one dollar eighteen

tents per acre ; of the third quality, at forty-three cents per acre.

All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri

ver along the northern ftream, on the north fide of the Indian temporary line, to the

confluence of the Oconee and Appalachee, or fouth fork, of the firft quality, at three

dollars twenty-two cents per acre; of the fecond quality, at one dollar fixty-one cents

'~

per acre; of the third quality at forty-three cents per acre.

All high river fwamp as aforefaid, from the confluence of Oconee River and Appa

lachee River upwards, on the north fide of the Indian temporary line, of the firft

quality, at two dollars fifteen cents per acre; of the fecond quality, at one dollar

thirty cents per acre; and of the third quality, at feventy-five cents per acre.

All oak and hickory lands throughout the ftate, of the firft quality, at one dollar

eighteen cents per acre; of the iecond quality, at iixty-eight cents per acre; and of

the third quality, at thirty.four cents per acre.

All oak and hickory lands (including iflands) cultivated or uncultivated, above the

flowing of the tide on all rivers, from Cathead on the river'Alatamaha, to the river

St. Mary's inclufive, to the marked line aforefaid, of the firft quality, at feventy-five

cents per acre, of the fecond quality, at forty-three cents per acre; of the third

quality, at twenty-one cents per acre.

All lands on the fea iflands or lying on or contiguous to the feafhore, and ufually

cultivated, or capable of cultivation, in corn, indigo, or cotton, of the firft quality, at

four dollars eighty-one cents per acre ; of the fecond quality, at two dollars thirty-five

cents per acre ; and of the third quality, at one dollar eighteen cents per acre.

AH other pine lands throughout the ftale at twenty-one cents per acre.

2. And be it ena&ed by the authority aforefaid, That the turn of thirty-feven and a PoIIta]t

half cents (hall be levied on all free male white perfons of the age-of twenty-one years

and upwards in this ftate, and the fum of thirty-feven and an half cents on all negroes T,ixonnegrow

and other (laves whatever under the age of fixty years within the limits of the fame;

and the fum or forty cents for every hundred dollars value of every .lot, wharf, or o

other lands not herein already enumerated, and on all buildings within the limits of

any town, village or borough within the fame, the fum of fifty cents upon all m ale 0ni'rsei)eErot*'

free negroes,, mulattoes, and muftizoes, from the age of twenty-one years and up

wards, over and above the taxable property they may be potfeffed of; that the fum on stockia

of twenty cents fhall be levied for every hundred dollars value of all perfons ftock in

trade, ftiopkeepers and others, and to be computed at prime coft, and the return to

.be made on qaththat the ftock in trade fo returned is the higheft eftimation of the

Hock in fuch perfons poffcffion, at any time not exceeding three months preceding

the time appointed by this law for fuch flock in trade to be efdmatcd and returned; on professor*

the^furn of four dollars on all profcffbrs of law or phyfic, and the furn of fifty dol- sic.

la.rs on all billiard tables, and the fum of four dollars on all factors and brokers; Ollfeaoi.s>&&

*fl4pa all foreign wares,, liquors,, and merchandise, fold, bargained;, or trafficked for,

o8

TAX.

by all fuch factors and brokers, the fum of eighteen and three quarter cents on every

hundred dollars, by them fo fold or difpofed of, to be given in upon oath, and the fum of fifty cents upon every hitndred : dollars of the funded Stock of the United States to

proviso; be given in by the holders thereof in like manner as fuch Stock in trade. Provided neverthelefs, That in all cafes of extreme indigence or infirmity the inferior court of

each county fhall be and they are hereby authorized to remit the poll tax upon fuck

indigent or infirm perfons claiming the fame.

ne receiver to- 3- And be it enabled by the authority aforefaid, That there fhall be one receiver for forSJ'raun- each county throughout this ftate, and that the mode of taking the returns fhall be as

Mode of takins follows, the receiver of tax returns in each county fhall give notice to each captaia's

returns. (jiftrift w ithin the county by advertising in the mott public place of each district the

day and place he will attend to receive the returns of taxable property therefor, and

which notice fhall be given at lead ten days previous thereto, Such receiver Shall like-

wife attend previous to making his return of defaulters three different days in each

district for that purpofe, which days fhall not be within feven days of each other,

and the commanding officer in each company fhall give to tlie receiver fo attending a

tist ofdefaui- lift of all the inhabitants liable to pay taxes within his district, on oath or affirmation

ters>

to the beft of his knowledge and information, and it Shall be the duty of the receiver

of returns at all times upon perfonal application, to receive the returns not given at

the time and place, fpecially notified, at any time before he makes a digeSt of the

whole returns; and he Shall previous to entering on the execution of his duty, take and fubfcribe an oath or affirmation in the words following, to wit: "1,^4. B. do

'Solemnly Swear (or affirm) that I will truly and faithfully perform the duties of re ceiver of returns of taxable property in the county to which I arn appointed as re

quired of me by this act,, and will not receive any return but on oath or affirma

tion."

Returns to con- 4. And le it alfo enabled, That all and every perfon liable to pay tax, Shall give

tti.o.mn,a- escr'^llm tke lilt of his, her or their taxable property, as well as a lift of every fuch perfon or

perfons as he, fhe or they may be attorney or attornies, executor or executors, ad-

rainiftrator or adminiftrato'rs for, in the county or counties wherein Such attorney, executor or administrator refides, defcribing as near as poSrible from the plats, deeds

or other documents, the particular fituation of fuch land, in what county, what

particular water courfes on, and what lands it adjoins; and the receiver of fuch re

turns fhall make a general digeSt, and return the whole of the taxable property re

ceived as aforefaid., and alfo of the taxable property of non-refidents and defaulters

within his county, and fhall tranfmit three copies, one to the collector of the county,

one to the inferior court, and one to the treafurer, under the penalty of four thoufand dollars, including therein his own taxable property, and Shall publilh within

one month thereafter in the gazette the names of the defaulters, under the penalty of two hundred dollars; and the receiver fhall receive two and one half per cent,

on the taxes a'rifing from all property returned, and fix and one fourth cents on

,,, each return of a poll without property, and it /hall be. his duty to tranfmit ,to^ the

treafurer-and clerk of the inferior court, and collector of taxes, each a copy of fuch

digeft. And that the faid Several receivers to be appointed by this act.fhall be paid

by the collectors in their refpect-ive counties, the fums which fhall become due them

for their Services as allowed by this act: Provided, That no receiver fhall be allowed or

paid by the collectors before fueh receiver (hall produce a certificate from under the hands.of the clerk of the inferior court of fuch county, that fuch receiver is entitled

to fuch fum for his Services agreeably to this act; which certificate fuch clerks ar

TAX.

509

hereby on application directed to give, and every collector fnall be allowed credits mS^gerS for fuch payments in bis fettlement with the treafurer, and who is hereby required to dle5t' tranfmit an alphabetical digeft (from the feveral general returns in his office) of all the lands and other property returned as lying in each county, to the inferior courts of the refpective counties, to be examined and compared with the returns of fuch county, for which duty the treafurer fhall be entitled to the fum of five dollars for each digeft fo tranfmitted, for which fums his excellency the governor is au- . thorized to draw a warrant on the treafury, on the treafurer's producing and depofiting in the executive office a receipt for fuch digefl from the clerk of the inferior court of the county, and in cafe the treafurer fhall fail or neglect to tranfmit fuch "totKTMlni alphabetical digeft on or before the laft day of each year, he fhall forfeit and pay the I^SlS^' fum of fifty dollars for each digeft not tranfmitted, to be recovered by thejuftices of0""'3' x the inferior court, in any court having cognizance thereof, and applied to the u.fe of fuch county. And it {hall be the duty of each tax receiver to examine the alphabet-Re|ji'<infy 'ical digeft ib tranfmitted by the treafurer, and report upon oath all lands and other property within his diftrict not returned as aforefaid, and the quality of fuch land, to the beft of his knowledge and information, to the colleclor for fuch county; and it fhall be the duty of fuch colleclor to proceed to colleft the taxes due thereon in the fame manner as if fuch property had been returned under this act.
5. And be it further enacted, That the receivers and collectors of tax for the re-coiiea<> refpective counties, to be appointed by virtue of this aft, fhall be refponfible to theSJiiVivV.otlie executive department, and be amenable to fuch rules in concluding the duties of their refpeftive offices as the executive may think neceffary and proper. The collectors s)mllglvebond of the refpefctive counties, before they enter on the duties of their office, fhall give andsecumybond with fufficie.nt fecurity, as follows: for the-county of Chatham, in the fum of twenty thoufand dollars; for the county of Camden, in the fum of four thoufand dollars; for the county of Glynn, in the lum of two thoufand dollars; for the coun ty of M'lntofh, in the fum of five thoufand dollars; for the county of Liberty, in the fum of five thoufand dollars; for the county of Bryan, in the fum of three thou fand dollars; for the county of Effingham, in the fum of two thoufand dollars; for the county of Scriven, in the fum of two thoufand dollars; for the county of Burke, in the fum of five thoufand dollars; for the county of Montgomery, in the fum of two thoufand dollars; for the county of Wafhington, in the fum of four thoufand dollars; for the county of Warren, in the fum of four thoufand dollars; for the county of Hancock, in the fum of four thoufand dollars; for the county of Greene, in the fum of five thoufand dollars; for the county of Richmond, in the fum of eight thoufand dollars; for the county of Columbia, in the fum of fix thoufand dollars; for the cou-nty of Wilkes, in the fum of ten thoufand dollars; for the county of Oglethorpe, in the fum of eight thoufand dollars; for the county of Elbert, in the fum of five thoufand dollars; for the county of Franklin, in the fum of four thou fand dollars; for the county of Jackfon, in the fum of three thoufand dollars; for the county of Bullock, in the fum of two thoufand dollars; for the county of Lin coln, in the fum of three thoufand dollars; for the county of Jefferfon, in the fum of three thoufand dollars: and .fhall alfo take and fubfcribe the following oath or af firmation, to wit: " I, A. B. appointed colleQor of tax for the county of ---------, And take ty do folemnly (wear, that I will faithfully difcharge the duty required of me by law." And in cafe of the death, refufal or neglect of any colleclor to enter into fuch bond, or take fuch oath, then his excellency the governor is hereby authorized and required VQ appoint ibme other perfon willing to accept, the fame3 on. the qualification afore-

TAX.
\f
faid, who mail attend in each diftriEl of the county to receive fuch tax, and fhall pfevioufly give at leaft ten days' notice thereof; and if he fhall prefume to execute the faid office without the qualification aforefaid, he fhall forfeit double the fum for each perfon's tax he fhall receive, to be recovered by any perfon who fhall jnfbrm and profecute for the fame., in any court or tribunal having cognizance of debts to that
amount. bond^ho'w-to 6. And be itfurther enaSed, That the governor for the time being mail take bond betaken, an(j fecurity of the collectors of each county refpeftively, in conformity to this aft,
for the due performance of all the duties required of them, and fhall tranfrnit a dedimusto the juftices of the inferior court of the feveral counties, or any two of them } to receive and caufe to be executed fuch bond with two or more fecurities, to be ap proved of by fuch juftices, which bond fhall be forthwith tranfmitted by them to the treafury office. to be 7. And be it further enacted, by the authority aforejaid^, That all perfons whatfoever ostl1' who are poffefled of any lands granted to or furveyed for them, or of any other per fon or perfons, or of flaves or carriages, either in their own right.or of any other per fon Or perfons whatfoever, or are liable to pay any other tax by virtue of this aft, fliall, on or before the firft day of May next, render a particular account thereof, on oath, in writing, fetting forth in what county fuch lands and fla.ves are, to the befl of his, her or thejr knowledge, to the receiver of the county wherein fuch per fon refides, at fuch time and place as the receiver of fuch county fhall appoint for the doing thereof, fo that the fame be done on of before the firft. day of May aforefeirrothereof ^al'^5 which oath or affirmation fhall be in the words following, viz. " I, --------, do fwearor affirm (as the cafe may be) that the account which I now give in is a juft and true account of all the taxable property which I was poffefled of, held or claim ed on the firft day of January lail, or was interefted in or entitled unto, either in vny own right or the right of any other perfon or perfons whatfoever, as parent, guar dian, executor, adminiftrator, agent or truflee, or in any other manner whatever, according to the belt of my knowledge, information and belief; and that I will give a juft and true anfwer to-%11 lawful queftions that may be afked me touching the fame, and all this I declare without any equivocation or mental refervation whatever.
So help me God." Which faid oath or affirmation the receivers of tax returns for the feveral counties are'hereby refpeQively authorized to adminifter gratis, ipenaityfofre, 8. And be it further ena&ed, That if any perfon or perfons fhall negleft. or re fu fe return 0TM^' to give in a return of his, her or their taxable property, or fhall be convifled of tpg ascent. |-raucj 5 or of making a falfe return thereof, he, fhe or they fliall be liable to pay to the clerk of the inferior court of the county a fine of ten dollars for every hundred dollars' valuation fo neglected or concealed, one half whereof for the ufe of the county, under the directions of the inferior court, and the other half to the ufe of the informer or informers, Attornie*,tm,- g. And be it enabled. That all attornies or truftees of or for any perfon or perfons Saturn*, living without the limits of this Mate, fliall make true returns as aforefaid in the difimtwcdVythh tricl wherein fuch attorney or truflee refides, and that fuch "attorney or attornies, trull.ee or truftees, fhall be fubjefi and liable to pay the tax to become due by this acl, or which may be due by virtue of any former tax act or afls, for fuch land or lands, flave or flaves, out of his, her or their own proper eftate, notwithstanding fuch attorney or attornies, truflee or truftees, may renounce or difclaim acting as uie'i?uuCea fucn before the faid taxes are levied, unlefs fuch attorney or attornies, truflee or truf-
h all make oath .before the receiver aforefaid? that he or they hath, or have re-'

TAX.

nounced .firth trail or attorney (hip before the payment of fuch ta-x become due, with

out having done it only with defign to avoid the payment thereof: Provided always, proviso.

That if fuch attorney or attornies, truftee or truftees, (hall, within one year next

after making fuch oath, again become attorney or attornies, truftee or truftees, or

act as 1'uch, he or they (hall be liable to pay the faid tax as herein directed, any thing

herein contained to the contrary notwithstanding; and for levying thereof the fame

remedy (ball be and is hereby given as for levying the tax to become due by virtue of

this act, on the proper eftate or eftates of fuch attorney or attornies, truftee or truftees,

or other perfon or perfons acting as (uch.

10. jM^^^yr^grg^^^^gaM/Aon^a/brfy^!^, That in cale any land or^tcS^o?

other taxable property (hall be found by the receivers to belong to any perfon or per- %%'"(%

fbns redding without the limits of this ftate, and who have no attorney or attornies,"*^*TM''

truftee or truftees, legally .conftituted in this ftate, or which have not been returned

to any receiver appointed to the county where fuch lands are, then and in fuch ca(e

^)

the receivers (hall be, and they are hereby authorized and required to charge the (aid

lands and other property for the payment of the tax impofcd thereon, and alfb for all

the taxes due thereon by any former tax act, and forthwith, once in each month, to

publifh and give notice of fuch charge or affclTment in the gazette; and in ca(e of

non-payment of (itch-taxes within (ix months, the faid lands and other property (hall

be thereafter liable to double tax, and to be proceeded againft by attachment in a (um- Doublet:*/

mary way by the collector, in the manner of diftrefs and fale, and to make titles to

the perfon or perfons purchafmg the fame, and to pay the money, lawful charges only

to be deducted, into the treafury.

11. yf/tj ^f %V gM^^gj ^y (Ae dMjAon^i a/bn?/^zW, That all perfons whatfbever who^^%^"*

are pofTefted of any lands or (laves in this ftate, in his or their own right, or in the **''''

right of any other perfon, or any ways liable to pay tax by virtue of this or any other

act, (hall pay in their taxes to the collectors that may be appointed to receive the (ame

in the manner herein after directed, on or before the firft day of December next, and

the refpective collectors' receipts (hall be held and taken as fatisfaclory; and if on the

faid firft day of December, any perion or perfons (hall be in default, the collector

of the county where fuch default (hall happen, (hall immediately proceed againft fuch

defaulter by diftrefs and fale, after due notice given of fuch fale,. which in no ca(e

(hall be lefs than twenty days' adverti(ement in one of the public gazettes of the ftate, Goodsana anai fntatm g thi e amount orrtihre rafrfer ifmerit ileviedi or tax diue Iby Iruch] periron or perlrons, hchYattetedl:o,nt^ofb.,e,

of goods and chattels, if any to be found, otherways on the lands of fuch defaulter TM^j^{.*'^^

or defaulters, or fo much thereof as will pay the amount of the taxes due, with cofts, ^2**^

and in all fuch cafes to make titles to the purcbafers of the property fold as aforefaid;

and the faid collectors refpectively (hdll, on or before the firft day of February, in

the year of our Lord one thou(and (even hundred and ninety-(even, clo(e their ac

counts and deliver the (ame to the trealiirer for the time being, and, after deducting

rive per cent, on all fuch taxes as they (hall receive, pay the remainder to the treaiu- thi'S?tob*

rer. And the tax collectors (hall, at all fales of land for taxes, firft offer fuch parttbcwT ^

of fuch lands for fale as may be reafonably expected to produce the amount of tax

due by :the owner thereof; and if he (hall not have a bid for fuch part of the faid

lands, he may then offer a larger quantity, until he can produce bids to the amount

of the taxes due; and that no (ale of lands heretofore or hereafter made by tax col

lectors of more than one tract or grant belonging to or fold as the property of one

perion, or one company or fociety of perfons, where fuch tract firft fold (hall

ha-ye produced or amounted to the taxes due by fuch perfon, or on all the lands re-

fit*

'TAX.

turned or roprefented as the property of fuch perfon or perfons, fiiall be deemed o?

confidcred valid, but fuch falcs are hereby declared to be null and void.

P,,?erty a-,'- 12. And be it further enatted, That when any of the faid receivers of returns of

.n'Vt&dtuMe" 'collectors of taxes, fliall or may difcover that -any land, or (laves, or other taxable

t.-,x.

property, hath not been returned as in this act pointed out, he or they fiiall fummons-

three freeholders, refidents of the diftrifct where fuch lands may lie or properly be, to

afcertain the value of fuch lands or other property, and double the tax thereon, for

which amount the collector is hereby empowered and required to levy, .fell and con-

srovuo. VCy j n t]ie manner |ierei n already mentioned: Provided always neverthelefs, That all

lands or other property veiled in commiffioners or truftees for public ufes fliall not

svi>. come within the purview of this act: And provided alfo, That no fale which fliall be

made under this act of the property of orphans (having no guardian or truftee) fhall

have any effecr.

13. And whereas, It has happened, and may frequently happen, that between the

day of receiving the return and the day appointed for the payment of the faid tax, ma

ny perfons have left the diftrict in which they refide, and have been returned by the

ri-.-5ivcr.ts. collectors as infolvents who had no property upon which the collectors could levy and

diftrain: Be it therefore enabled by the authority aforefaid, That the collectors in any

county fliall be obliged to lay before the grand jury of each county a lift of fuch in

folvents as may be in fuch county or counties on oath, who fhall allow ordifallow

the fame.

Ti-i!-! MX to N! 14- An& be it enabled by the authority aforefaid, That the taxes impofed by this act

ic-.imttancc".' fliall be preferred to all fecurities and encumbrances whatever, and that in cafe any per

fon or perfons coming under the notice of this act fhall die between the time of giving

in his, her or their returns to the receiver or receivers refpectively, and the paying of

his, her or their tax, and any .goods or chattels of the. deceafcd, to the value of the

fum taxed fhali come into the hands of his, her or their executors or adrniniftr'ators,

ta-r'&c!TM" or executors in their own wrong, fuch executors or adminiftrators fliall pay the fame

by the time before limited, prior to all judgments, mortgages or debts whatfoever,

or otherwife a warrant of execution fliall ifiTue againft the proper goods and chattels

terrcuveout ^ ^uc ^ executor or adminiftrator j and if any perfon or perfons, between the time

of rendering the account of his, her or their eftate to the receiver aforefaid, and the

time of his, her or their paying in the faid tax, fliall be about to depart the county

in which he, flie or they may have immediately then preceding refided, the faid col-

lector or collectors is and they are hereby directed and required forthwith to levy the

fame, notwithftanding the day of payment may not then have arrived, unlefs fuch

perfon or perfons fliall and do find fecurities, to be approved of by the faid collector

or collectors refpectiveiy, for the payment thereof at the day herein appointed.

JSto'cvade 15- And be it further enabled, That all deeds of gift, conveyances, mortgages,

**"" ts:'~ vmd'fales and aflignments of goods, lands, tenements and chattels of any kind, of any

perfon or perfons whatfoever, made with an intention to avoid paying the aforefaid

tax, are hereby deemed and declared null and void : And in cafe any perfon who has

mortgaged his eftate, real or perfonal, fliall refufe or neglect to pay the tax of the

Proust, fame, the mortgage fhall be liable to pay the fame; Provided, That no fale for taxes

under this aft fliall tend to affect the ftate title to any property mortgaged or fecured

thereto.

16. And be it further enafted by the authority aforefaid, That the treafurer for the

time being be, and he is hereby empowered and required to grant executions againlt

all former collectors of taxes who are or may be defaulters immediately after the paf~

TAX.

gi$

fmg of tKis ac% and lie is hereby required and directed to proceed and prepare the form of a general return to be made by the refpective receivers of tax returns to be ap proved of by the governor, and tra'nfmitted by the treafurer without delay to the

aforefaid officers.

.'

.

17. And be it further cnafled, That where-lhe collector of the county finds no pTo-propcrtyaufor

pe'rty real or per fonal therein of perfons in arrear to fatisfy the tax due by virtue of mayd'soti.

this o.r any former tax aft, fuch collector is hereby authorized and empowered-, to fell fo much of the property of the per fort neglecting to pay as aforefaid, as may be fi la-

ate in any other county or counties as will fatisfy the laid tax, and arrears of tax as aforefaid, without further notice than his .giving twenty days' previous publicity of

fuch fale, by advertiferaent in one of the gazettes of this ftate, and the collectors fhall be allowed the fum of fifty cents for each execution levied, and five per cent on all

amount of fales. 18. And be it alfo snaked, That every perfon or perfons, refufing or negleQing to parity &*
give in a lift of his her or their taxable property agreeably to the directions of this act, j^'eTi !. mall forfeit and pay for every fuch neglect the fum of one dollar for every free male

perfon above the age of twenty-one years, the fum of one dollar for every negro ; the fum of eighty cents on every hundred dollars value of every lot, wharf or other lands not therein already enumerated, and on all buildings within the limits of any

town, village or borough, within the fame, to be paid by the mafter or owner there of, and to be recovered by bill, plaint, or information before any court of record;

the one half thereof to go to the informer and the other half to the ufe of the coun ty where fuch information is made, except where the profecution is carried on by pre fentment, and in that cafe the whole fhall be applied to the ufe of the county : Provi- no^t ded always^ That fuch information or prefentment be within twelve months after fuch

neglect or default. 19. And whereas divers perfons non-refidents of this ftate import large quantities

of goods, wares, and merchandize, and evade the payment of taxes by not being in this ftate at the time ufually prefcribed for making returns for taxes, for remedy whereof: Be it enaBed^ That any non-refident who fhall expofe to fale any goods in Taxtmnv this ftate, fhall on his arrival or within feven days after entering the fame make re- iSg go"ods,T&<i.* {.urn on oath to the receiver of taxable returns and give fecurity to the tax collector"1 ' losat" to pay the fame on or before the time prefcribed for paying taxes impofed by this act : Provided That fuch goods fhall not be liable to pay the tax, when they may be 1*0"**" exported or placed on the hands of a vendue mafter to be actually difpofed of by him

or them, and on failing to comply as aforefaid, it mall and may be lawful for the tax

collector to proceed againft him or them in like manner as againft perfons about to

remove out of the county.

or

20. Arid, courts at.

be it further enatfed, That it fhall be t.nei r next term, af0 ter1the returns ofr

the duty of thi e recei ver

the iudees ofp tJaxab'?lie

of the fuperiproperty fnhal,l,

jDe^fau^lte.rs^to Wr

have been made agreeably to this act, to give it in charge to the grand juries of the

feveral counties, that they do prefeht all fuch perfons as may be defaulters under this

act, Provided neverthelefs, That where any perfon or perfons who may be a default- Prot!s^

cY, fhall before any information or prefentment be made againft him or them' go to

the clerk of the fuperior court of his county, and give in, a lift of his property upon

oath, in the fame manner as ought to have been given to the receiver, filch perfon

or perfons fhall be exonerated from the pains and penalties of this .act'; and each per*

ion ftiall pay to fuch clerk for taking fuch lift the 'fum of fifty Cents, and every fucfe

$t$

TAX.

clerk fhall return to the collector of his county on or before the'firft: day of Decem

ber one thoufand feven hundred and ninety-fix a true lift of fuch property, and al-

fo tranfmhto the treafurer a return thereof, on or before the firft day of February

following.

-

-^tobcpaid And be it ena&ed ly the authority aforefaid, That the tax impofed by. this aft mall

No'replevin, be paid and collected in fpecie, and nothing elfe ; and no replevin fhall lie or other

judicial interference be had in any levy of diftrain for taxes under this law, but that

the party injured be left to his proper remedy in a court of law.

21. And whereas many of the perfons appointed by the laft legiflature in the ref-

peftive counties to receive returns of taxable property of fuch county did not ac

cept their appointments, or failed to perform the duties thereof, by reafon whereof

no returns have been made from many diftrictsin fome counties, arid in others from

no diftrict therein, for the year 1795, and in confequence thereof, no tax has been

collected from fuch diftricts and counties; and itisjuftand neceflary that every indi

vidual of the community fhould contribute his proportion of the means for the fup-

Receivsnap- port of government: Be it therefore further enabled, That the receivers to be ap-

^"^"J^"6 pointed by virtue of this act, in all fuch diftrifts and counties \vhere no returns of

"hersefthey795 taxa ble property have been made for the year 1795 as aforefaid, .be and they are

takm?01 bee" hereby directed to require of the inhabitants of fuch diftricts on oath a lift of the

taxable property each of them were pofieffed of at the time when the returns ought

to have been given in to the receivers appointed under and by virtue of the tax law

for that year, which lifts fuch receivers fhall keep feparate from the tax returns to be

made by virtue of this aft ; and fhall return the fame to the treafurer together with

the general return to be made under this aft, and fuch receivers fhall have and re

ceive for their trouble, fuch allowance as is by this act allowed for receiving the gene

ral returns, and every perfon neglecting or refilling to give in fuch lift, fhall be re

turned a defaulter, and fhall be fubject to all the pains and penalties as other perfons

neglecting or refuting to give in their returns under this act, and fliall be recovered in

jvoviso, manner herein after pointed out for default under the prefent act. Provided never-

thelefs, That where it fliall be {hewn fatisfactory to the receiver that any .perfon or

,perfbns have given in their return of taxable property for the aforefaid year, in fuch

cafe, fuch perfon fliall not be compelled to give in his or her return again ; and that

the collectors of the refpective counties where fuch neglects have happened fhall re

ceive and account with the treafurer for the aforefaid arrearages, in the fame manner

as for the tax impofed by this act.

.

22. And whereas in and by the tax law for the year 1795 aforefaid, it is enacted

that the returns for all lands fhall be made and the taxes paid in the county wherein

fuch land is fituate, which tends to deprive the ftate of a very confiderable part of

her revenue and it is likewife calculated to incommode and harrafs the citizens there

of unneceffarily, and to fubjeft them to the lofs of their property without having

SeuKa been intentionally defaulters, e it therefore enacled, That fo much of the aforefaid

jted.95> re" aft as is before recited, relative to reluming lands in the county where they lie, is here

by repealed, and the owners of all lands or their agents, guardians, or truftees, lying

outer the county wherein fuch perfon refides may make returns of all fuch lands in

the county where they refide, and pay the tax due thereon for the year 1795 afore-,

faid, in manner and form herein before prefcribed for perfons refiding in any county

or diflrift for which the receiver or receivers have not afted as aforefaid, and fuch re

ceivers are required to receive the fame and the collectors to colleft the taxes due there

on in manner before mentioned } arid any fale of'lands-lying out of the county wherew

f A*.

Bi

focH owner or owners refides, or fuch attorney, guardian, or truftee refides, under and by virtue of the aft 1795 aforefaid, is declared null and void; provided the ow ner or owners fhall within four months after the paffing of this aft return fuch lands and pay the taxes due thereon for the faid year 1795, in manner herein before pre{cribed.
23. And be it further enabled, That the fum of ten dollars fhall be .levied on all T ^"s negroes brought into this ftate by fea, for fettlement or tale, except fuch as may be tw* st*t<:' brought in by emigrants from any other part of the United States for fettlement, to be paid to the tax collector of the county within which fuch negroes may arrive, within the fpace of twenty days after fuch arrival, and a return of which negroes (hall be made to the receiver of tax returns of the county within five days after .fuch arrival, fpecifying the number and fexes of negroes fo imported, and in cafe of negleft or refufal to make fuch returns or payment, the faid negroes fhall be and are hereby declared to be forfeited to and for the ufe of the ftate, and fuch tax collector is hereby authori zed and required to fell and difpofe of fuch negroes, and to lodge the amount of fales thereof in the treafury. Provided, That the tax collectors appointed by virtue of this Pr<"is'act fhall not be entitled to receive more than one per cent, on the tax impofed by this act on negroes brought into this ftate by fea, nor the receivers of tax returns n\ore than one half per centum on the amount of fuch tax, and fuch collectors fhall quar terly account for and pay into the treafury all monies fo by them received for fuch tax.
24. 'And provided alfo, That nothing in this aft fhall be conftrued to impofe ataxrTM^.. of ten dollars on negroes brought into this Hate actually belonging to the veffels bring ing them as mariners.
25. And be it further enabled by the authority aforefaid, That any receiver making pcnaityfora falfe return expreffive of more, or other than is to him given in, fhall forfeit and S'StuTM."* pay to the party aggrieved a fum equal to double the amount of the tax on the prop erty fo illegally returned; and any collector demanding any other or more tax than Peni,tyforc<(1. by this aft is impofed according to the refpeftive returns, fhall forfeit and pay to the !ngTM0'S,d" party aggrieved, for every fuch offence four fold on the fum fo unlawfully received, <lue' to be recovered before any jurifdiftion having cognizance thereof: And it fhall be the duty of the fheriffs of the refpeftive counties to execute all executions and other procefsiffued by the treafurer againft officers appointed by this aft, under and by virtue of the fame.
THOMAS STEPHENS, Speaker of the Houfe of Reprefcnialwcs. BENJAMIN 'TALIAFERRO, Prefident of'the Senate._ Concurred February 22, 1796.
JARED IRWJN, Governor.

An aft, to raife a tax for the fupport of government for the year one thoufand feven hun dred and ninety-feven.
i- 13 E IT ENACTED by the Senate and Houfe of Reprefentdtives of the flat e of -U Georgia in General Ajfembly met, and it is hereby enabled by the authority
thereof^ That a tax of thirty-fi.y,e cents, for every hundred dollars value, on all lands

,

TAX.

within this ftate, granted to or furveyed for any perfon, as fuch lands (hall be eftimated at, fhail be levied on the fame in the following mode, to wit: All tide fwamp, (cultivated or uncultivated) including iflands, of the firft quality, at
ten dollars thirty-nine cents per acre; of the fecond quality, a fix dollars fortythree cents per acre ; and of the third quality, at one dollar feventy-feven cents per
- acre, \ll pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in land fwamps (cultivated or uncultivated) of the firft quality, at an average of feven dollars feventeen cents per acre; of the fecond quality, at three dollars ninety-feven cents per acre; of the third quality, atone dollar fixty-two cents per acre. All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre. All fait marm, at forty-three cents per acre. All high river fwamp and low grounds, (cultivated or uncultivated) including iflands, including fuch as are commonly called fecond low grounds, lying above Abercorn Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three dollars twenty-two cents per acre; and of the third quality, at one dollar fixty-one cents per acre. All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acrej of the fecond quality, at five dollars and thirty-fix cents per acre; and of the third quality, at two dollars thirty-five cents per acre. All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth of Broad River, lying on Savannah River, of the firft quality, at four dollars eight een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre; of the third quality, at feventy-five cents per acre. AH oak and hickory lands (cultivated or uncultivated) including iflands, from the mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five cents per acre; and of the third quality, at fortythree cents per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, from the mouth of Broad River, up the Savannah River, and within one mile of the fame, and up Tugalo River to the marked line on the laid ftream, of the firft quali ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight cents per acre; and of the third quality, at thirty-one cents per acre. All oak and hickory lands (including iflands) cultivated or uncultivated, from the mouth of Broad River to the marked line oa the head thereof, of the firft quali ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight cents per acre; and of the third quality, at thirty-one cents per acre. All high river fwamp or low grounds (including iflands) cultivated or uncultivated,, from Fort Argyle to the mouth of Buck-hea'd Creek on Ogechee River, of the lirft quality, at two dollars three cents per acre; of the fecond quality, at. one dol lar eighteen cents per acre; and of the third quality, at forty-three cents per acre. All oak and hickory Sands aforefaid, from the mouth of Buck-head Creek to the head of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of the fecond quality at feventy-five cents per acre; and of the third quality, at fortythree cents per acre.

TAX,

.

5 ?

All high river fwamp or low grounds (including iflands) cultivated or uncultivated,

from the mouth of Buck-head Creek to the head of Ogechee River, of the firft:

quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five

cents per acre; and of the third quality, at forty-three cents per acre.

All high river fwamp (cultivated or uncultivated) including iflands, from Cathead,

on the river Alatamaha, to the mouth of Oconee River, of the firft quality, at two

dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen

cents per acre; of the third quality, at forty-three cents per acre.

All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri

ver,- along the northern ftreavn on the north fide of the Indian temporary line, to

the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,

at three dollars twenty-two cents per acre; of the fecond quality, at one dollar fix

ty-one cents per acre; of the third quality at forty-three cents per acre.

All river fwamp as aforefaid, from the confluence of Oconee River and Appalachee

upwards, on the north fide of the Indian temporary line, of the firft quality, at

two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty

cents per acre; and of the third quality at feventy-five cents per acre.

All other oak and hickory lands throughout this fiate, of the firft quality, at one dollar

and eighteen cents per acre; of the i'ecoad quality, at fixty-eight cents per acre;

and of the third quality at thirty-four cents per acre.

All oak and hickory lands (including iflands) cultivator uncultivated, above the flow

ing of the tide on all rivers from Cathead, on tH* river Alatamaha, to the river St.

Mary's, iticlufive, to the marked line ;d'c>cr!':- ',', ' tj,e iirft quality, at feventy-five

cents per acre; of the fecond qu;;'r; :

. . o^ cents per acre; of the third

quality, at twenty-One ceats per a<;

All lands on the fea .iflauds or ivir>g o :

..-, to the feafhore, ufually culti

vated or capable of ci.ikiv;:uon in'.-, . .

-.jutton, of the firft quality, at

four dollars eighty-one ceius per :-,..- ,

.->nd quality, at two dollars thir

ty-five cents per acre; and of ii;.. , , . . . , at one dollar eighteen cents per

acre.

All other pine lands throughout the ^.u:, ->:\ r.wcn!.v-one cents per acre.

2. And be it enacted by inc vuilir :-. n,\n\-laitL, That the lurn of thirty-one and a

quarter cents fhall be levied c-u ;;.ii noe in.'iie white perfons of the age of twenty-one

years and upwards in this ftatc; <uid ihe nun of thirty-one and a quarter cents on

all nesroes and other Haves v/h-uevcr, under the ase of fixty years, within the l,.imi.ts orr th, e l,-ame; andi thi e lruni of- thi i' rty-one andi a quarter cents fror' every hi un-vBArnodTMt.ax oo nt-

dred dollars value of every lot, wharf or other lands not herein already enume

rated, and on all buildings within the limits of'any town, village or borough

within the fame; the fum of fifty cents upon all male free negroes, mulattoes and

inuftizoes, from the age of twenty-one years and upwards, over and above the tax

able property they may bepoffeffed of; that the fum of twenty cents mail be levied

for every hundred dollars value of all perfons' ftock in trade, fhopkeepers and others,

and to be computed at prime coft, and the return to be made on oath that the ftock

in trade fo returned is the higheft eftimation of the ftock in fuch peifon's poffeflion,

at.any time not exceeding three months preceding the time appointed by this law for

fuch ftock in trade to be eftimated and returned; the fum of four dollars on all pro-

feffors of law and phyfic; and the fum of fifty dollars on all billiard tables; and the

fum of three hundred dollars on every EO table, or other inftrument of the like

conftruftio.n for the purpofe of gambling; thai ihe tax irapofed on EO and billiard

Si8.

TAX.

tables may be levied and colleCled at any time after the paffing of this aft, wherever

fuch tables may be found; and every tax collector is hereby required to proceed im

mediately againft perfons keeping fuch tables; as is directed in cafes of non-payment

of taxes on other property; and the fum of four dollars on all faclors and brokers,

and on all foreign wares, liquors and merchandize, fold, bargained or trafficked for'

by all fuch faftors and brokers; the fum of eighteen and three quarter cents on every

hundred dollars by them fo fold or difpofed of, to be given in upon oath; and the

fum of fifty cents upon every hundred dollars of the funded ftock of the United

States, to be given in by the holders thereof in like manner as ftock in trade : Pro

vided neverthelefs, That in all cafes of extreme indigence or infirmity, the inferior

court of each county {hall be, and they are hereby authorized to remit the poll tax

upon fuch indigent or infirm perfons claiming the fame.

tflx rcn msfto

he .i|>j)i for the

nstpepfcc_

3each

Ani b'e county

it enaSed by the throughout this

authority aforefaid, That there fhall be a ftate, and the mode of taking the returns

receiver for fhall be as-

tiveeou Hies. follows: The receiver of tax returns in each county fhall give notice to each captain's

diftricT; within the county, by advertifing in the moft public place, of each diftri6t the

^."f"ftf' ^ay an ^ place he will attend to receive the returns of taxable property therefor; and

tn>. & which notice ftiall be given at'leaft. ten days previous thereto; fuch receiver fhall likewife'

attend previous to making his return of defaulters, three different days in each diftrift

for that purpofe, which days fhall not be within feven days of each other ; and

the commanding officer in each company {hall give to the receiver fo attend

ing a lift of the inhabitants liable to pay taxes within his diftrift, on oath or af

firmation, to the beft of his knowledge and information, under the penalty of thirty

dollars in cafe of failure, to be recovered before any juftice of the peace within the

county, one half to the perfon fuing for the fame, the other for the ufeof the poor

of fuch county. And it fhall be the duty of the receiver of returns at all times, up

on perfonal application, to receive the returns not given at the time and place fpecially

notified, at any time before he makes a digeft of the whole returns; and he fhall, pre

vious to entering on the execution of his duty, take and fubfcribe an oath or affirma-

Reipvevsoati. tjon .^ ^ wor(js following, to wit: " I, A. B. do folemnly fwear (or affirm) that I

will truly and faithfully perform the duties of receiver of returns of taxable property

in the county to which I am appointed, as required of me by this aft, and will not

receive any return but on oath or affirmation."

rut <>f taxable 4. And be it alfo enabled? That all and every perfon liable to pay tax fhall give in.

the lift of his, her or their taxable property, as well as a lift of every fuch perfon or

perfons as he, (lie or they may be attorney or attornies, executor or executors, ad-

miniftrator or administrators for, in the county or counties wherein fuch attorney, ex

ecutor or adminiftrator refides, defcribing as near as poffible, from plats, deeds or

other documents, the particular fituation of fuch land, in what county, what parti

cular water courfe on, and what lands it adjoins, for whom furveyed or to whom

tmtyofrccciv, granted; and the receiver of fuch returns fhall make a general digeft, and return the

whole of the taxable property received asaforefaid, and alfo of the taxable property

of non-relidents and defaulters within his county, and fhall tranfmit three copies, one

to the colleflor of the county, one to the inferior court, and one to the treafurer ; and

that the faid tax receivers do deliver the aforefaid three copies, to wit, to the collector

and clerk of the inferior court, on or before the fifteenth day of July next, and to

the treafurer, on or before the firft clay of Augu.il thereafter, uticler the penalty of

,m]ty one thoufand dollars for each offence, including therein his own taxable property

\#~ and fhall publifli within one month thereafter in the gazette the names of -the defaul-

TAX.

519

t'ers, under the penalty of two hundred dollars; and the receivers fliall receive two under penalty and one half percent, on the taxes arifing from all property returned, and fix and aoiuTM.""1 rc

one fourth cents on each return of a poll without property ; and it fhall be his duty to

tranfmit to the treasurer, and clerk of the inferior court, and collector of taxes, each a copy of fuch cligeft. And that the faid feveral receivers to be appointed by this their compw-

'aft fliall be paid by the collectors in their refpeftive counties, the furas which fhall be- fiu'TM' come due them for their fervices as allowed by this aft : Provided, That no receiver

fhall be allowed orpaid by the collectors before fuch receiver fhall produce a certifi

cate from under the hands of the clerk of the inferior court of fuch county, that fuch receiver is entitled to fuch fum for his fervices agreeable to this aft; which cer

tificates fuch clerks are hereby on application dire8ed to give; and every collector

fliall be allowed credits for fuch payments in his fettlement with the treafurer, who is

hereby required to tranfmit an alphabetical digefl (from the feveral general returns in

his office,) of all the lands and other property returned as lying in each county, to the

inferior courts of the refpeftive counties, to be examined and compared with the re

turns of fuch county; for which duty the treafurer fhall be entitled to the fum of five Tre48U,.ert), dollars for each digefl fo tranfmitted, for which fums his excellency the governor is ISo^examauthorized to draw a warrant on the treafury, on the treafurer's producing and depo-' tlm,isaid rs~

filing in the executive office a receipt for fuch digefl from the clerk of the inferior

court of the county; and in cafe the treafurer fhall fail or negleft to tranfmit fuch

alphabetical digeft on or before the lafl day of each year, he fliall forfeit ,and pay the

fum of fifty dollars for each digefl not tranfmitted, to be recovered by the juflices of

the inferior court, in any court having cognizance thereof, and applied to the ufe of

fuch county. And it fhall be the duty of each tax receiver to examine the alphabet ical digefl fo tranfmitted by the treafurer, and report upon oath all lands and other

property within not returned as aforelaid, and the quality of fuch land, to the befl-

of his knowledge and information, to the collector of fuch county; and it fhall be

the duty of fuch colleftor to proceed to colleft the taxes due thereon, in the fame

manner as if fuch property had been returned under this aft, and fhall be accounta

ble for the fame to the treafurer. 5. And be it further enacted, That the receivers and colleftors of tax for the ref- RKeIveraimd

peftive counties fhall be fuch rules in conducting

refponfible the duties

to of

the executive department, their refpeftive offices, as

and the

be amenable to executive may

mom'b0iesto tile to

e>

think neceffary and proper. The colleftors of the refpective counties before they fec

enter on the duties of their office fhall give bond with fufficient fecurity, as follows :

For the county of Chatham, in the fum of twenty thoufand dollars ; for the coun

ty of Camden, in the fum of four thoufand dollars ; for the county of Glynn, in the

fum of two thoufand dollars; for the county of M'lntofh, in the fum of five ihoufand

dollars ; for the county of Liberty, in the fum of five thoufand dollars ; for the county

of Bryan, in the fum of three thoufand dollars; for the county of Eflingham, in

the fum of two thoufand dollars; for the county of Scriven, in the fum of two thou

fand dollars; for the county of Burke, in the fum of five thoufand dollars; for the

county of Montgomery, in the fum of two thoufand dollars ; for the county of

Washington, in the fum of four thoufand dollars ; for the county of Warren, in the

fum of four thoufand dollars; for the county of Hancock, in the- fum of four thou fand dollars; for the county of Greene, in the fum of five thoufand dollars; for the

county of Richmond in the fum of eight thoufand dollars; for the county of Co-

turnbfa, in the fum of fix thoufand dollars ; for the county of Wilkes, in the fum of

ten thoufand dollars ; for the county of Oglethorpe, in the fum of eight thoyfand

5 20

-

TAX.

dollars; for the county of Eibert, in the fum of five thoufand dollars; for the court."

ty of Franklin, in the fum of four thoufand dollars ; for the county of Jackfon, in

the fum of three thoufand dollars; for the county of Bullock, in the iiim of two

thoufand dollars; for the county of Lincoln, in the fum of three thoufand dollars;

for the county of Jefferfon, in the fum of three thoufand dollars; and fliall alfo

"sudroatu, take and fubfcribe the following oath or affirmation, to wit: "I, A. E. appointed

colleflor of tax for the county of

do folemnly fwear that I will faithfully

difcharge the duty required of me by law;" and in cafe of death refufal or negleQj

of any coileftor to enter into fuch bond, or take fuch oath, then his excellency the

governor is hereby authorized and required to appoint fome other perfon willing to

accept the fame on the qualification afbrefaid, who fhall attend in each diftricl of the

county fo receive fuch tax ; and fhall previoufly give at leaft ten days' notice thereof,

and fhall attend at leaft two days in each captain's diftricl;; and not within ten days of

each other, and if he mail prefume to execute the faid office without the qualification

aforefaid, he fhall forfeit double the fum for each perfon's tax he fhall receive, to be

recovered by any perfon who {hall inform and profecute for the fame in any court or

tribunal having cognizance of debts to that amount,

6. And be it further matted, That the governor for the time being fliall take bond "

udswuritond anc^ fecurity of the collectors of each county refpeQively, in conformity to this at, for the due performance of all the duties required of them; and fliall tranfmit a de<<

dimus.to the juftices of the inferior court of the feveral counties, or any two of them,

to receive and caufe to be executed fuch bond with two or more fecurides to be ap

proved of by fuch juftices, which bond fhall be forthwith tranfmitted by them to the

treafury office.

aeturnsofta*<enu coonboearthen. der-

W

n. n'o

And be it furthtr enabled are polleiieJd. oi,. any lands,

by the authority aforefaid, That all perfons g' ranted, to or lrurJveyedi tcor tihem, or fror any

whatfoever oth1 er per

fon or perfonsj or of flaves, either in their own right, or in any other perfon or per

fons whatever, or are liable to pay any tax by virtue of this aft, fliall on or before the

firft day of May next, render a particular account thereof, on oath in writing, fetting

forth in what county fuch lands and flaves are, to the beft of his, her or their knowl

edge, to the receiver of the county wherein fuch perfon refides, at fuch time and

place as the receiver of fuch county fliall appoint for the doing thereof, fo that the

fame be done on or before the firft day of May aforefaid ; which oath or affirmation

i of ie fhall be in the words following, viz. "I-------do fwear or affirm (as the cafe may be)

S.ltll.

that the account which I now give in, is a juft and true account of all the taxable

property which I was poflefled of, held or claimed on the firft day of January Iaft 9

or was iriterefted in or entitled unto, either in my own right or in the right of any

other perfon or perfons'whatfoever, as parent, guardian, executor, adminiftrator,

agent or truftee, or in any other manner whatever, according to the beft of my knowl

edge, information and belief, and that I will give a juft and true anfwer to all lawful

queftions that may be afked me touching the fame ; and all this I declare without any

equivocation or mental refervation whatever. So help me God." Which faid oath

or affirmation the receivers of tax returns, for the feveral counties^ are hereby ref-

pectively authorized to adminifter gratis.

>. And be it further enatted^ That if any perfon or perfons fhall negleft or refufe

(left or giving wise returns.

jive in a return of his, her or their, taxable property, or fliall be convicted of fraud

or making a falfe return thereof, he, fhe or they, fliall be liable to pay to the clerk of

the inferior court of the county, a fine of ten dollars, for every hundred dollars valua

tion fo neglected or concealed; one half whereof for the ufe of the county, under

trie direction of* the inferidr court, and the other ha)f to die ufe of the informer or in

formers; to be recovered in any court having cognizance of the fame.

"'

9. And be it enaBcd, That all attornies or trufte.es of, or for any perfon or perfons {^"j,"^

living without the limits of this {late, fhall make true returns as afbrcfaid, in the dif- "^ICWUK.

trict wherein fuch attorney or truftee refide's; arid that fuch attorney or attornies,

truftee or truftees, fhall be fubject and liable to pay the tax to become clue by this

act, or which may be due by virtue of any former tax a6t or acts, for fuch land or

lands, flave or flaves, out of his or their own proper eftate, notwithstanding fuch at

torney or attornies, truftee or truftees may renounce or difclaim acting as fuch before

the fa id taxes are 'levied; unlefs fuch attorney or attornies, truftee or truftees, fhall

make oath before the receiver aforefaid, that he or they hath or have renounced fuch

truft,-or attorneyfliip, before the payment of fuch tax became due without having

done it.only with a dcfign to avoid the payment thereof. Provided always. That ifprovi,4.

fuch attorney or attornies, truftee or truftees, {hall within one year next after making

fuch oath, again become attorney or attornies, truftee or truftees, or act as fuch, he

or they (hall be liable to pay the faid tax as herein directed, any thing herein contain

ed to the contrary notwithstanding; and for levying whereof the fame remedy {hall

be, and is hereby given as for levying the tax to become due by virtue of this act on

the proper eftate or eftates of fuch attorney or attornies, truftee or truftees, or other

perfon or perfons acting as fuch.

10. And be itfurther enacted by the authority aforefdid, That in cafe any land or other

taxable property dfing witihout thi e

ilf-ihmailtlsboerrfothiuinsdinrbayteth;eraencde1 iwv1 ehro1 s thoavbeelonnogattotoarnnyeypeorffoanttoorrnpieersf,ontrsurfnetefie-"faarcda.ttoeb.e*H*O.*U

or trufteesj legally conftkuted in this ftate, or which have not been returned to any

receiver appointed to the county where fuch lands are, then and in fuch cafe the re

ceivers fhall be, and they are hereby authorized and required to charge fuch lands and

other property for the payment of the tax impofed thereon, and alfo for all taxes due

thereon by any former tax act, and forthwith once in every month topublifh and give

notice of fuch charge or aflefl'ment in the gazette, and in cafe of non-payment of

fuch taxes within fix months, the faid lands and other property {hall be thereafter lia

ble to double tax and to be proceeded againft by attachment in a fummary way by the

collector in the manner of diftrefs and fale5 and to make titles to the perfon or per

fons purchafing the famej and to pay the money^ lawful charges only to be deducted

into the treafury. Provided, the owner or owners^ his or her agent or attorney, (hall'provii*.

not within twelve months after fuch fale apply for the furplus; and it ftiall be the du

ty of every tax collector, and he is hereby required on the day on which he fhall come,

to a final fettlement with the treafurer, or on the day when he is required by law to

clofe his accounts, to make a return on oathi, which {hall be certified and vouched

for by at leaft two jtiftices of the peace for the County, of all land fold by him for

the taxes, fpecially fetting forth the tax for which it was fold, the price it fold for,

and the purchafer or purchafers, and in cafe of failure fuch collector and his fecuri-

ties fhall be fubject to a penalty of two thoufand dollars, to be recovered in any court

having cognizance thereof to the ufe of the profeeutor, and fliall alfo be fubject to an

action at law for damages by any perfon aggrieved thereby.

,11. And be it further enabled by the authority -aforefai-d, That all perfons whatfoe- Ta j ,,# ver who are pofleffed of any lands or {laves in this ftate, in his or their own right, be A

or in the right of any other perfon or any ways liable to pay tax by virtue of this or

other a.ct, ftiall pay in their taxes to the collectors that may be appointed to receive

3 U

522

'

-'TAX>

the fame, in the manner herein after directed, on or before the firft day of February

next, and the refpeetive collectors' receipts fhall be held and taken as fatisfactory ; and t.

if on the laid firft day of February,.any perfon or perfons fliall be in default, the col-

Defanitct'spro-lector of'the county where fuch default fliall happen, fhall immediately proceed

ouivtobe againfl fuch defaulters by diftrefs and fale (after due notice given of fuch'{ale which

in no cafe fliall be lei's than twenty days' advertifement in one of the public gazettes of

wanner of s!c. t^ e ^ ate s and Rating the amount of the affeffment levied, or tax due by fuch perfon

or perfons) of goods and chattels, if any to be found, otherwife of the lands of fuch

defaulter or defaulters, or fo much thereof as will pay the amount of taxes due with

coils,., but no j'ale of lands fhall be made or be valid unlefs two months' notice thereof

be given by advertifement in one of the gazettes of the ft ate, which fliall be regularly,

publifhed until the day of fate : And in all cafes to make titles to the purchafers of

the property fold as aforefaid, and the faid collectors reflectively fliall, on or before

the lirfl day of June, in the year of our Lord one thoufand feven hundred and nine

ty-eight, clofe their accounts, and deliver the fame to the treafurer for the time being,

and after deducting five per centum, on all fuch taxes as they {hall receive pay the

remainder to the (aid lieafurcr. And the tax collectors fliall at all Tales of land for

taxes (id! oiler fuch part of fuch lands for fale as may be reafonably expected to

produce the amount of tax due by the owner thereof, and if-he fhall not have a bid

lor fuch part of the faid lands, he may then offer a larger quantity until he can pro

duce bids to the amount of the taxes due; and that, no fale of lands heretofore or

hereafter made by tax collectors of more than one tract or grant belonging to or fold

as the property of one perfon, or one company or fociety of perfons, where fuch

tract firft fold, fliall have produced or amounted to the taxes due by fuch perfon, or

on all the lands returned or reprefented as the property of fuch perfon or perfons

fhall be deemed and confidered valid, but fuch fales are hereby declared to be null

and void.

'

.

ot.bie tax in llf *^n& ^ e it further enabled, That when any of the faid receivers of returns or

certain cases, collectors of taxes fliall or may difcover that a.ny land or (laves, or other taxable pro

perty hath not been returned as in this act pointed out, he or they fhall fummon three

free holders, refidents of the diftrict where fuch lands may lie, or property be, to af-

certain the quality of fuch lands or other property, and double the tax thereon, for

which amount thecollector is hereby empowered and required to levy, fell, and convey

in the manner herein already mentioned, Provided always neverthelejs.9 That all lands

or other property veiled IB commiflioners or truflees, for public ufes fliall not come

within the purview of this act : And provided alfo, That no fale which fhall be made

ft-ovisn. , U nder this act of the property of orphans (having no guardian or truftee) fhall have

any effect.



..

13. And whereas it has happened and may frequently happen that between the day

of receiving the returns and the day appointed for the payment of the faid tax, many

perfons have left the diftri6l in which they refide, and have been returned by the col-

leftors as infolvents, who had no property upon which the collector could levy and

deftrain.

e it therefore enabled by the authority aforefaid) That the collector in any county

be obliged to lay before the grand jury of each county, a lift of fuch infolvents

as may be in fuch county or counties on o'ath who fhall allow or difallow the fame.

14. And be it enabled by the authority aforefaid, That the taxes impofed

red'tVS'en- by this act, fliall be preferred to all fecurities and encumbrances whatever, and that

um fauces. ^ ^^ any per fon or perfons coming under the notice of this act, fhall die between

TAX.

523.

the time of giving in his, her or their returns, to the receiver or receivers refpeftively,

and the paying of his, her or their tax, and any goods or chattels of the deceafed, to

the value of thefura taxed, fhall come into the Tiands of his, her or their executors

or adminiftrators, or executors in their own wrong, fuch executors or adminiftrators

fhall pay the fame by the time before limited, prior to all judgments, mortgages, or

debts whatfoever, otherwife a warrant of execution (hall iffue againft the proper goods

and chattels of fuch executor or adminifhator; and if any perfon or perfons between

the time of rendering the account of his, her or their eftate to the receiver aforefaid,

and the time of his, her or their paying in the faid tax, fhaii be about to depart the

county in which he, me or they may have immediately then preceding refided j the

faid collector or collectors is and they are hereby directed and required forthwith to le

vy the fame, notwithstanding the day of payment may not then have arrived, unlefs

fuch perfon or perfons fhall and do find lecurity to be approved of by the faid collec-

or or collectors reflectively, for the payment thereof at the day herein appointed.

IK. And be it further enatted* That all deeds of sift, conveyances, mortgages, necu,&c. f,.ali es, andi airlr-ianrnents orr good1 s, 1la1 nds, tenements andi clhattelis, orr any iki ndi orr any mapdeaytomeenvtadoef perlo' ns winauroever9 madie wi thi an i ntention to avoidi paying th! e arroreiraidl tax, areamtaixvforaiuad,ulent

hereby deemed and declared null and void; and in cafe any perfon who has mortga

ged his eftate real or perfonal, mall refufe or neglect to pay the tax of the fame the

mortgagee fhall be liable to pay the fame. Provided, That no fale for taxes under

this act fhall tend to affeQ the ftate title to any property mortgaged or fecured there

to,

16. And time being,

be it further j
be and he is

enafted hereby

le*ysmtphoewaeurteh doriatnsyda-jfroerqeujfiafriead\*

That the trcafurer to grant executions

for the Executions t ap3.iiist collect*-
a gain ft**'<-

,all former collectors of taxes who are or may he defaulters, immediately after the

palling of this aft; and he is hereby required and directed to proceed and prepare

the form of a general return to be made by the refpeclive receivers of tax returns. Form of the

to be approved of by the governor, and tran(nutted to the treafurer .without delay

to the aforefaid officers.

17. And be it further enabled,, That where the colleclor of the county finds no pro-coikaorsmay

perty real or perfonal therein of perfons in arrears to fatisfy the tax due by virtue oi tagmKtLic

this or any former tax act, fuch collector is hereby authorized and empowered

to fell fo much of the property of the perfon neglecting to pay as aforefaid, as may

be iituate in any other county or counties as will, fatisfy the faid tax and arrears of tax

as aforefaid, without further notice than his giving twenty days' previous publicity of

faid fale, by advertifement. in one of the gazettes of this ftate ; and the collectors

lhall be allowed the fum of fifty cents for each execution levied, and five per cen

tum on .the amount of all fales.

18. And be it further enafted, That every perfon or perfons refuting or neglecting McHtionai ,,

to give in a lift of his, her or their taxable property agreeably to the.directions of this aft, oniiefau!tm-'

{hall forfeit and pay for every fuch neglect, the fum of one dollar fore very free male above

the age of twenty-one years, and the fum of one dollar, for every negro ; the fum. of

.eighty cents on every hundred dollars value of every lot, wharf, or other lands not

herein already enumerated, and on all buildings within the limits of any town, vil

lage, or borough within the fame, to be paid by the mafter or owner thereof and to

be recovered by bill, plaint, or information before any court of record the one half

thereof to go to the informer, and the other half to the ufe of the county where fuch

information is made, except where the profecution is carried on by prefentrnent; and

pi that cafe, the whoLe fhall be applied to the ufe of the county ; Provided always^

I

5M

TAX.

That fuch information or prefentrnent be made within twelve months after fuch neg

lect or default. .

.





SKrfd *9- And whereas, divers perfons non-refidents of this ftate, import large quanti-

&,n~resi~ ties of goods, wares and merchandize, and evade the payment of taxes, by not be

ing in this {late, at the time ufually prefcribed for making returns for taxes, for reme-

dy ; Re, it enabled, That any non-refident who (hall expofe to fale any goods in this

ftate, {hall on his arrival or within (even days after entering the fame, make return on

oath, to the receiver of taxable returns, and give fecurity to the tax collector to pay

froTM, the fame on or before the time prefcribed for paying taxes impofed by this aft. Pro

vided, That fuch goods (hall not be liable to pay the tax when they may be exported,,

or placed in the hands of a vendue mafter to be actually difpofed of by him or them j

and on failing to comply as aforefaid; it fhaliand may be lawful for the tax collector to

proceed againft him or them, in like manner as againft perfons about to remove out

of the county.

teprelSed. so. And be it further enafted, That it fhall be the duty of the judges of the

fuperior courts, at their next term, after the returns of the receiver of taxable property

{hallhave been made agreeably to this aft, to give it in charge to the grand juries of

the feveral counties, that they do prefent all fuch perfons as may be defaulters under

Proviso. t^js aQ.^ Provided neverthelefs. That where any perfon or perfons who may be a de

faulter, fhall before any information or prefentrnent be made againft him or them,

go to the clerk of the fuperior court of his county, and give in a lift of his property

upon oath, in the fame manner as ought to have been given to the receiver, fueh

perfon or perfons fhall be exonerated from the pains and penalties of this, aft; and

each perfon fhall pay to fuch clerk for taking fuch lift, the-fum of fifty cents ; and

every fuch clerk fhall return to the collector of his county, on or before the fir ft day

of December, one thoufand (even hundred and ninety-feven, a true lift of fuch pro

perty, and alfo tranfmit to the treafurer a return thereof, on or before the firft of

February following.

21. And be it enaffed by the authority aforefaid, That the tax impofed by this act

fhall be paid and collected in fpecie, bank bills of the United States, or of. the dif

ferent branches thereof, governor, prelident and fpeaker's warrants, agreeably to

the order of the prefent le'giflature, and nothing elfe : And no replevin fhall lie, or

any judicial interference be had in any levy or diftrain^for taxes under this law,

but that the party injured be left to his own proper remedy in a court of law.

22. And whereas, in conformity to the tax law of one thoufand feven hundred and

ninety-five, many perfons had returned their lands in the counties where they lie; but

have fince taken advantage of the law of one thoufand feven hundred and ninety-fix,

and paid the taxes thereon in the counties where they refide, and the collectors ftili

r. ftand charged with the amount pf the returns fo made: Be it enaEled^ That the trea-

iU furer be and he is hereby directed and authorized to credit any tax collector with the

amount of returns made of lands by perfons redding in other counties: Provided^

fucn collector fhall make oath, that fuch taxes have not been paid to him, and the

treafurer fliall make returns of all fuch lands to the collector of the county where

the owner, truftee, agent, attorney or guardian may refide, requiring fuch collector

to ihew whether the taxes have or have not been paid to him, and if not, the faid

collector is authorized and required to proceed againft fuch owner, agent, truftee or

guardian as in cafes of default,

rax en negroes 2 3' ^"^ ^e ^ further euafted, That the fum of fifteen dollars fhall be levied on

imported & ajj negrocs brought into this ftate by fea, for fettlernent or fale, except fuch as may

TAX.

525

be brought in by emigrants From any other part of the United States for feulemeni., to

be paid to the tax colleftor of the county within which fuch negroes may arrive, within

the {pace of twenty days after fuch arrival, and a return of which negroes dial! be

made to the receiver of tax returns of the county, within five days after fuch arri

val, fpecifying the .number and fexes of negroes fo imported; and in cafe of

neglect or refufal to make fuch returns or payment, the faid-negroes fhall be and .

are hereby declared to be forfeited to and for the ufe of the ftate, and fuch tax col

lector is hereby authorized and required to fell and difpofe of fuch negroes and lodge

the amount of fales thereof in the treafury ; Provided That the tax collectors ap- Provis8i

pointed by virtue of this act, fhall not be entitled to receive more than one per cen

tum, on the tax impofed by this act, on negroes brought into this ftate by fea,

nor the receiver of tax returns more than one half per centum on the amount

of fuch tax ; and fuch collector {hall quarterly account for, and pay into the trea-

fury all monies fo by them received for fuch tax; And provided alfo, That nothing proviso,

in this act (hall be conftrued to impofe a tax of fifteen dollars on any negroes brought

into this ftate, actually belonging to the veffels bringing them as mariners.

. 24. And be it further enacted by the authority aforefaid, That any receiver making pcnaitieon

a falfe return, expreffive of more or other than is to him given in, fhall forfeit and Sx'cX*"TM

pay to the party aggrieved a fum equal to double the amount of the tax on the pro- iS" "prag"

perty fo illegally returned; and any collector demanding any other or more tax than

by this act is imppfed, according to the refpective returns, (hall forfeit and pay to the

party aggrieved for every fuch offence fourfold _on the fum fo unlawfully received,

to be recovered before any jurifdiction having cognizance thereof, and it (hall be the

duty of the Jheriffof the refpective counties, to execute all executions and other pro-

cefs iffued by the treafurer againft officers appointed by this act, under and by virtue

of the fame.

..

25. And be it further enaffied, That in cafe any collector of taxes for any county Executlon9to

in this ftate fhall not fettle his accounts with the treafurer, and pay in the amount of^S"*

his collection by the time pointed out in this act, the treafurer fhall publilh in one of

the gazettes of this ftate a notification, requiring all and fingular the tax collectors

who may be in arrear, to come forward and fettle their accounts, and pay the ba

lance they may reflectively owe into the treafury, within two months from the date

of fuch notification, which fhall be regularly publifhed fix weeks fucceffively, ftating

the fums due by each collector, their names and fecurities; and in cafe of failure to

make fettlement and pay in the monies as aforefaid, the treafurer is authorized and direc

ted to iffue his execution againft every collector fo in default, directed to all and fin-

gular the fheriffs of this ftate, and tranfmitted to the fheriff of the county for which

the collector is appointed, who is required to levy the fame immediately, if there is

any property of the defendants in the county, if not, to tranfmit the fame to any

other county where the defendants, or either of them, may have property; and the

fheriff of fuch other county is in like manner to levy the fame; and no execution if

fued by the treafurer in manner herein prefcribed fhall be ftayed by reafon of the

death of the faid collector or his fecurities, as to the fum due or the legality of the

execution,

26. And be it farther enabled, That the collectors of the feveral counties fhall, Taxable pro-

before they receive the taxes from defaulters in their refpective counties, afcertain fVu>Snted

arid enter in a book to be kept for that purpofe, the taxable property in default, and Si^S-,.

the amount of taxes due by fuch defaulter, an exact copy of which book or digefl

they ftiall tfanfmit to the treafurer, land another copy ffeall lodge with the receiver df

taxes of the (aid county, who {hall add the fame to his"digeft previoul to fuch col-'

leftor's receiving the taxes frorn fuch defaulters; and in cafe arty' fe(ilie,por mall attempt

to receive the taxes, or any part thereof, from fuch defaulter or 'defaulters, before^ he

fhall tranimit the aforefaid digefts to the treafurer and receiver as afbr|fa|d? he fliall

.forfeit, double the amount fo received,; to be recoveredL by execution f<| be ifluetl'ijy

the treafurer, as in cafes of default, on information thereof to th tre&furer,, /<

Former o ".27. And be itfurther enafted, That all former,!- collectors in default fhdjl, within fixty days after the paffing of this'.aft, return 'a digeft to the treafurer, and another

to the receiver, -of all monies reeeived-or which they may receive from defaulters; W

aforefaid, in the manner herein pointed out, and in failure thereof fhallbe fubject to

execution, and the penalties which collectors under this act are fubject to.

DAVID MERIWETRZR, Speaker of the HoufeofReprefentatives*

. DAVID EMANUEL, Prejident :of the Senate, .

Concurred, February 11, 1797.

. .-. JARED IRWIN, Governor; ' : * - ' ^

' ' -^ .

; TMv - . , ,-

. ; ..





An aft to impofe ataxforthefupport of the government for'the year-one ihoiifandfoyen

hundred and ninety-eight,

, : ,-'.' .,

Tax on all i. "O E. IT ENACTED by the Senate and Houfe of Repreflntatives of the ftate of

lands granted .or surveyed ac

.'JO .Georgia in General AJfembly me?, and. by the authority thereof, That a tax of

cording to estimation

the laid

thirty-five

cents

for

every

hundred

dollars

value

of

all

lands

within

this

ftate,

granted

to down by the aft
of 1797-

or

furveyed

for

any

perfon

or

perfons,

mall be paid and levied thereon the value

or eftimation of fuph lands to he rated agreeably to the eftimadon or value of lands

in and by an act, entitled *f An act to raife a tax for. the fuppprt pf government foil-

the year one thoufand feven hundred and ninety-feven."

Pell tax.

2. And be i*, further enaffled, That the fum of thirty-one and a quarter cents {hall

be levied on all free male white perfons refident within this ftate, of the age of twenty-

Tax on ne-" one year,s or upwards; andjthe fum of thirty-one arid a quarter cents on all negroes and

groes.. flaves, under the age of fixty years, within the limits of the fame; and the fum of

On lets, &c. thirty-one and a quarter cents for every 'hundred dollars value of every lot, wharf or

other land not particularly eftirnated in the act before recited, and on all buildings

jvithin the limits of any town, village, borough or city within the farnfi; the fum of

Gfl free ne lifty cents on all. male free negroes, mu.lattoes and muflizoes, of the age of twenty-groes. one years or.upwards, over and above the taxable property they, pi ay be poffeffed of;

m Stock in trade.

the fum of twenty cents for every hundred dollars value of all perfons' ftpckin trade? merchants, fliopkeepers and others, to be computed at,prirne coft, a,nd the:return to

be'made. ,on oath that the {lock in trade fo returned is the higheft eftimatioh.of the

ftock in fuch perfon's pofleflion, at any time nqt exceeding tjbree months p^eeeding

On physicians, the time appointed by law for fuch ftock in trade to.be eftimated and retiirned; the

&c On billiard til-

fum of four dollars on allprpfeffors of .law...and phyfic;

the fum

of:fifty

dollars

on

all billiard tables; and the fum of three hundred dollars on every EQ table, qr other

inftrurrient of finmilar cofiftruction ufedor intended for gambling; the furo of four

factors ,anxl' (b.rpJ|eTs; and the fum of eighteen and' three quarter -cents,

r.... ... -.,, _-_,jdred-:dollars value: of all foreign, wares, liquors and merchandize^ fold,

bargained and^ t^fficjie^fjr by all fuch factors and brokers; and the fum of fifty cents

on,.eYfery hundred4olla| of the funded ftock of -the United States, to be given in by

the holders jthejrepf in like manner as ftock'in trade: Provided nevenhelefs, That, in proviso,

all :fca;fes pf^Si|Bt:e1mje^jndigen,c^Ior infirmity, the inferior court of -each county fha%|>,

and they :a|e, 1he|:eriiys'authqi'i^ed to remit the poll tax on fuch indigent or iofirm per*

fpnclaliriirig; the fame.

;..

.-.-. '; .

- 3. And be it further enacted, That

"-

, ' '-' ' i J ', ''-'

negroes brought intp,this ftate by fea,

the fum of fifteen dollars for fettlement or fale, as

(hall be long as

ltehveieidm-poonrtaal-lTgianrotxeostniumnsepo-arttee.d.

tipn is by Ia,w permitted, except fuch;i as inay be brought in by emigrants from any

other part of the United States for thlSpurpofe of actual fettlement) which fum fhall

be paid agreeably to the requifitipns contained in the before recited tax act. for the

year one thoufand feven hundred and ninety-feven, with this further provifion, that

noihing fhall be received in payment of/faid tax except fpecie, at the following rates, Toi?e Pai<nn

to wit, French c'rowns at one hundred x and a quarter cents, and other coin at the speug'

rates ertablifhed by the laws of the United States, or bank bills of the United States.

4. Arid be it further ena&ed, That the inferior court of the.refpective counties of Receiyers:md

this" ftate, or any three or more of the members of the faid court, fhall be, and they Rotated by"11'

are.hereby authorized and required to elect the receiver or receivers of tax returns coutT!clor

(as the cafe may be) for the dine being, and the collectors of tallies in their refpective

counties, ( within forty days after the annual adjournment of the General Aflembly,

and.,tak.e bond, with two or more good and fufficient fecurities, in fuch fum as may-whofhan

be prPvided for jn the tax law Jor the time being, conditioned for the faithful perform- fecurit0y.da"'J

anees of the duties required of them by law, which b6nd fhall by the faid juftices or

inferior court be tranfrnitted to the fecretary of ftate within the term of forty days as

aforefaid, and fballj on the appointment pf faid collectors and receivers, -qualify "

them into office.

!

''""'.

5. And be it further enafted, That if it fliould fo happen that any of the counties'

fhall not elect, take bond and qualify the collectors and receivers of tax returns pur-

luant to this act, that then andNin that cafe, his excellency the governor {hall appoint

a receiver of tax returns and eoll||tpr of taxes, and iflue a commiffion, directed to

the juftices of the'inferior court "of the county where fuch neglect or default may

happen, to take bond and qualify the parties or perfons fo elected.

6. And be it further enaBed, That the duties of the faid receivers and collectors,

fhall feveraily be the fame as is pointed out for receivers and collectors in and by the]

act to raife a tax for the fupportof government for the year one thoufand feven hun- u___,__

dred and ninety-feven; and the regulations,.reftrictions-, claufes and provifoes5 as wellJSeSaSn

for the government and rule of fuch collectors and receivers, as for the govern^'

ment and rule of all fuch perfons as are liable to pay tax, either forgiving in returns'

or payment of taxes, or for the time and mode for fo doing, fhall be the fame for car-

ryingvthis law into execution, as is therein contained for the regulations and reftrictions

under whicli that la.wis declared to operate.

, -i. / ,

':

,;

.j't. -Anfd-rbK iffurther entitled, That for the purpofe of carrying the intent and mean- ^

ing, of the fcjj-egping <:lau.fe more fully inip executionV that every part of the before ^ act cla. recited afit to rajfe a taxfor the fupport of government for, the, year one thoufand fe-reld^to01be to

ven hundjfed and riinety-feven, not rr)ilita.ting with this at, Ijiall be held, deemed and

corifidered-asof full force and: <btfeC :

'> , . ; -.' "

' -.

TAX,'
'' '%
u ,^' ^ IH\^ e it further tndftcd, Th;it the receivers of tax returns fha!!, in thirty days 1 after publifhing the names of defaulters, proceed to and a fiefs all fuch defaulters- id
a him equal, according to the bed of his opinion, to the full amount of the tax of fuch defaulter or defaulters, which faid affeflment fhall be deemed and held good againft fuch defaulter or defaulters; and the colletlor fhall proceed againft fuch defaulter or defaulters for double the amount of the faid afleffment, in manner pointed Out by the faid tax act of one thoufand feven hundred and ninety-feven, for proceeding againft defaulters: Provided, That if any defaulter or defaulters fo afleffed fliall, at any time before the collector fliall levy for the fame, make return upon oath before the receiver of his or her taxable property, the faid afleffment fhall be confidered void, and the collector fhall confiderthe return as the proper charge againft faid defaulter. in 9. And be it further enatted) That any perfon or perfons owning more than ten '^ thoufand acres of land within this ftate $ fliall cultivate or caufe to be cultivated, five TM- acres for every hundred acres over and above ten thoufand acres as afore'faid, and in ". default thereof} a double tax fliall be affefled by the collectors of the refpective coun ties where fuch default fliall be made; and that all lands of this defcription fball be1 and are hereby declared chargeable in the original grantee or grantees' name, any law to the contrary notwithstanding*
10. And be it further enaEled, That at the meeting of every General Affembly thereafter it fhall be the duty of the treafurer to make out an account of the arrear* 0 ages of all collectors of taxes and holders of public monies, and to poft it up in th<3
fiate-ho.ufe for the information of the members. ' DAVID MERIWETHER, Speaker of the Houfe of ReprefentaiitM* DAVID EMANUEL, Prcjident of the Senate,
Affcnted to February 2, 1798. JAMES JACKSON, Governor*

ftsoticees

An al to impofc a tax for thefupport of governmentfor the. year one t/ioufand fevcri hundred and ninety-nine.

i. T> E IT ENACTED ly the Senate dnd Houfe of Reprefentatives of thefiale of

tadsgranted -D Georgia in General AJfembly met^ and by the authority thereof, That a tax of thir-

?,ce'tScd to ty-five cents for every hundred dollars value of all lands within this ftate, granted to1

??t^'?of or furveyed for any perfon or perfons, {hall be paid and levied thereon, the value or

* ;a7' eitimation of fuch lands to be rated agreeably to the eftimation or value of lands in

and by an act, entitled e * An act to raife a tax for the fupport of government for the

year one thoufand feveh hundred and ninety-feven/'

ton tax.

2. And be it further tnattedi> That the fum of thirty-one and a quarter cents fliall

be levied on all free male white perfons refideiit within this ftate, of the age of twen-

y-one years or upwards; and the fum of thirty-one and a quarter cents on all negroes

and other flaves, under the age of fixty years, within the limits of the fame; andthd

fum of thirty-one and a quarter cents for every hundred dollars value of every lot^ !>its,&c, wnarf Qr other jand hot particularly eftimated in the act before recited, and on all

buildings within the limits of any town, village, borough or city within thafame; thg

*.-

TAX.

&

529

fum of%Fty cents on all free male negroes, mulattocs and muflizoes, of the age of 0nlTO:ne6"'cs'

twenty-one years or upwards, over and above the taxable property they may be poffeffed of; the fum of twenty cents on every hundred dollars value of all perfons' (lock t^*1* !"

in trade, merchants, ihopkeepers and others, lobe computed at prime coll, and the

return to be made on oath that the ftock in trade io returned is the higbcft eftimalion

of the ftock -in fuch perfon's pofleflion at any time not exceeding three months pre- .

ceding the time appointed for fuch ftock in trade to be eftimated and returned;

fum of four dollars on all profeffors of law and phyfic; the fum of fifty dollars on on

all billiard tables; and the fum of three hundred dollars on every farro, equality, or blcs'

EG table, or other inftrument of fimilar conilruclion uled or intended for the pur-'

pofeof gambling: And all and every perfon and perfons who may let up or keep

any table of the aforementioned conftruflions, mall pay the fum hereby levied not-

withftandirjg the fame may not have been ufed at the time of making returns of taxa

ble property, and fhall whenever the collector may deem it necefl'ary, oblige the per

fon or perfons keeping the fame to give fecurity for the payment thereof; and in

cafe fecurity is not given, the colleclor fhall proceed to levy on any property real or

perfonal belonging to the holders or keepers of fuch tables, notwithstanding the

time for collecting the general tax may not have taken place. The furn of four dol-

lars on all factors and brokers; and the fum of eighteen and three quarter cents, on ontieof

every hundred dollar's value of all foreign wares, liquors and merchandize, fold, bar- ^awMU

tered and trafficked for by all fuch faclors and brokers; and the fum of fifty cents Qn fvK(le<,

on every hundred dollars of the funded ftock of the United States, to be given in by ^!

the holders thereof in like manner as ftock in trade. Provided nevertheless, That in provi.

all cafes of extreme indigence or infirmity, the inferior court of each county mall and

they are hereby authorized to remit the poll tax on fuch indigent or infirm perfon

claiming the fame,

3. And he it further enaBcd., That nothing mall be received in payment of faid -rax to be ria

taxes except fpecie at the following rates, to wit: French crowns at one hundred ">s'""c'e'

fix and a quarter cents; and other coin at the rates eftablifhed by the laws of the

United States, or bank bills of the United Stafesl

4. And b& it further enaBed, That this (late, or any three or rnoreof the

the inferior courts of the refpefctive counties offcectivcrsm members of the faid courts fhall be and they are wointSb

"

hereby authorized and required to elect the receiver or receivers of tax returns (as cmut.

the cafe may be) for the time being, and the collectors of taxes in their refpeclive

counties, within forty days after the annual adjournment of the general aflembly, and

take bond with two or more good and fufficient fecurities, in fuch fum as may be pro- And give bom

vided for in the tax law for the time being, conditioned for the faithful performance "" !""uimy'

of the duties required of them by law; which bond mail, by the faid juftices or in

ferior court be tranfmitted to the fecretary of ftate within the term of forty days as

aforefaid, and fhall, on the appointment of the faid collectors and receivers, qualify them into office.

5. And be ii further ena&ed, That if it mould fo happen that any of the counties

ftiall not elect, take bond and qualify the collectors and receivers of tax returns pur-

luant to this act, that then and in that cafe, his excellency the governor ftiall appoint

a receiver of tax returns and collector of taxes, and ifl'ue a commiffion directed to

the juftices of the inferior court of the county where fuch neglect or default may

happen, to take bond and qualify the parties or perfons fo elected,

3X

TAX.

?^lldcoi- 6. And be it further enatted, That the duties of the faid receivers and colleaors

same'**tinted fliall fevcnilly be the fame as pointed out for receivers and collectors in and by the

"afor 1797'-"* "Act to raife a tax for the fupport of government for the year one thoufand feven

hundred and ninety-feven " and the regulations, reftrictions, claufes and provifoes,

as well for the government and rule of fuch collectors and receivers, as for the go

vernment and rule of all perfons as are liable to pay tax, either for giving in returns

or payment of taxes, or for the time and mode for fo doing fliall be the fame for

carrying this law into execution, as is therein contained, for the regulations and re

ftrictions under which that law is declared to operate.

M_I of the said 7. A ndbe it further enatted, That for the purpofe of carrying the intent and

Scd'-ubcFlr mean ' n g f tne foregoing claui'e more fully into execution, that every part of the

/;.. before recited ".Aft to raife a tax for the fupport of government for the year one

ihouiaud feven hundred and ninety-feven," not militating with this aft, fliall be held}

deemed, and confidercd as of. full force and effect,

j'motis not 8. And be it further enacted. That the receiver of tax returns fhalt within thirty davs

Hulking I'C-

-J

J

J

ttourunosu,isj'itiHj tcaax. after pi ublilhingc> the names of defaulters,' p\ roce-~ ed to,j and affefs all fuch defaulters in

a fum equal, according to the belt of his opinion to the full amount of the tax of fuch

, defaulter or defaulters, , which faid affeffment fhall be held and deemed good

again ft fuch defaulter or defaulters, for double the amount of the faid affeffment in

manner pointed out by the faid aft of one thoufand feven hundred and ninety-ieven, for

proviso. proceeding again ft defaulters : Provided, That if any defaulter or defaulters fo affef-

fed, fliall at any tiwie before the collector fliall levy for the fame, make return upon

oath before the receiver of his or her taxable property, the faid affeffment Ihall be con-

fidered void, and the collector mail confider the return as the proper charge

againft faid defaulter.

The treasure^ g, ^nd be it further enattcd. That at the meeting of every General Affembly

at"theameeHn? hereafter, it fhali be the duty of the treafurer to make out an account of the ar-

A^SyMltc- rearages of all collectors of taxes, and holders of public monies ; and to poft it up

Ss'ite av"in the ftaie-houfe'for the information of the members.

DAVID MERI WETHER, Speaker of the Houfe of Reprefentalives.

ROBERT WALTON, Prefident of the Senate.

Affented to February 13, 1799-

JAMES JACKSON, Governor.



An all to raife a tax for the fupport of governmentfor the year one thoufand eight hun

dred.

hnd?"r"Li * TFt^ IT ENACTED by the Senate and Houfe of Reprefentatives of thefate of

eV surveyed. j[j Georgia, in General Affembly met, and it is hereby ena&cd by the authority

thereof, That a tax of thirty-five cents for every hundred dollars value on all lands

within this ftate, granted to or furveyed for any perfon, as fuch lands fhall be eiti-

At the follow ing rates.

mated at, (hall be levied on the fame, in the following mode, to wit:

All tide fwamp, (cultivated or uncultivated) including iflands, of the firft quality, at

ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-

three cents per acre ; and of the third quality, at one dollar feventy-feven cents per

acre.

All pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within

three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in

land fwamps (cultivated or uncultivated) of the firft quality, at an average ot feven

TAX.

53'

dollars feventeen cents per acre; of the fecond quality, at three dollars ninety-fcven

cents per acre;. of the third quality, at one dollar fixty-two cents per acre.

AH.pinc barren lands adjoining or contiguous thereto, at forty-three cents per acre.

All fait marfh, at forty-three cents per acre.

All high river fwamp and low grounds, (cultivated or uncultivated) including iflands,

including fuch as are commonly called fecond low grounds, lying above Abercorn

Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the

firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three

dollars twenty-two cents per acre; and of the third quality, at one dollar and fixty-

,one cents per acre.

l

All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the

mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre;

of the fecond quality, at five dollars and thirty-fix cents per acre; and of the

third quality, at two dollars thirty ^five cents per acre.

All high river fwamp as aforefaid, lying from the mouth of Rae's Creekto the mouth of

Broad River, on Savannah River, of the firft quality, at four dollars eight

een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;

and of the third quality, at feventy-five cents per acre.

All oak and hickory. lands (cultivated or uncultivated) including iflands, from the

mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa

vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the

fecond quality, at feventy-five cents per acre; and of the third quality, at forty-

three cents per acre.

AH oak and hickory lands (including iflands) cultivated or uncultivated, from the

mouth of Broad River, up the Savannah River, and within one mile of the fame,

and up TugaSo River to the marked line on. the laid ftream, of the firft quali

ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight

cents per acre; and-of the third quality, at thirty-one cents per acre.

All oak and hickory lands (including iflands) cultivated or uncultivated, from the

mouth of Broad River to the marked line OH the head thereof, of the firft quali->

ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight

cents per acre; and of the third quality, at thirty-one cents per acre,

All high river fwamp or low grounds (including iflands) cultivated or uncultivated,

from Fort Argyle to the mouth of Buck-head Creek on Ogechee River; of the

firft quality, at two dollars three cents per acre; of the fecond quality, at one dol

lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.

AH oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the head

of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of the

fecond quality, at feventy-five cent's per acre; and of the third quality, at forty-

three cents per acre.

All high river fwamp or low grounds (including iflands) cultivated or uncultivated,

from the mouth of Buck-head Creek to the'head of Ogechee River, of the fin't

quality at one.dollar fixty-one cents per acre; of the fecond quality, at feventy-five

cents per acre; and of the third quality, at-forty-three cents per acre.

All high river fwamp (cultivated or uncultivated) including iflands, from Cathead, on

the river Alatamaha, to the mouth of the Oconee River, of the firft quality, at two-

dollars thirty-five cents per acre; of the. fecond quality, at one dollar eighteen

cents per acre; and of the third quality, at.forty-three,cents.per acre;.

l

532

TAX.

All high river fwamp or low grounds as aforefaid, from the mouth of the Oconee River, along the northern ft ream on the north fide of the Indian temporary line to the confluence of the .Appalachee or fouth fork, of the firft quality' at three dollars twenty-two cents per acre; of the fecond quality, at one dollar fixty-one cents per acre; of the third quality at forty-three cents per acre.

All river fwamp as aforefaid, from the confluence of Oconee and Appalachee Rivers upwards, on the north fide of the Indian temporary line, of the iirft quality, at two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty cents per acre; and of the third quality at feventy-five cents per acre.

All other oak and hickory lands throughout this ft ate, of the firft quality, at one dollar and eighteen cents per acre; of the i'ecoad quality, at fixty-eight cents per acre;, and of the third quality at thirty-four cents per acre.

All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St. Mary's, incSufive, to the marked line aforefaid, of the firft quality, at feventy-five cents per acre; of the fecond quality, at forty-three cents per acre; and of the third quality, at twenty-one cents per acre.

All lands on the fea iflands or lying on or contiguous to the feafhore, ufually culti vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at four dollars eighty-one cents per acre; of the fecond quality, at two dollars and thirty-five cents per acre; and of the third quality, at one dollar eighteen cents per acre.

All other pine lands throughout the ftate, at twenty-one cents per acre.

poiitis.

2 - And be it further enatted, That the fum of thirty-one and one fourth cents

fha.ll be levied on all free male white perfons from the age of twenty-one years and

Tax enslaves.

upwards in this ftate ; and and, oth, er (,,laves w,hatever,

the fum of und, er th, e

thirty-one and a age o'r~ un xty years

quarter cents on all neproes *wi.th.in.t.h.e .limi.ts/o.f.th,e?fame;

and the fum of thirty-one and a quarter cents for every hundred dollars value of

oaii)ts,&o. every lot, wharf, or other lands not herein already enumerated; and on all other

buildings within the limits of any town, village or borough within the fame, the fum

onfreensgraes. of thirty-one and a quarter cents upon all male free negroes, mulattoes and mufti-'

zoes from the age of twenty-one,years and upwards, over and above the taxable

property they may be poffeffed of; and the fum of thirty-one and a quarter cents

onttpckin fhall be levied for every hundred dollars value of all perfon's ftockin trade, mop-

keepers and others, and to be computed at prime coft, and the return to be made on

oath, that the ftockin trade fo returned is the higheft eftimation of the ftoek in fuch

. perfon's poffeffion, at any time not exceeding three months, preceding the time ap

pointed by this law for fuch flock in trade to be eftimated and returned; the furn of

o-i-ar-iages. one dollar on all four-wheeled carriages (waggons excepted) arid the furn of fifty

cents on all two-wheeled carriages (carts and drays excepted;) the furn of four dol-

gnphysicians, jars on ^jj praflitioners of law and phyfic and the fum of one hundred dollars, on aH

biibi&c!'dta" billiard tables ; and the fum of five hundred dollars on all EG tables or.other

inftrument of the like conftruftion for the purpofe of gambling -. And whenever it fhall

fo happen that the perfon or perfons owning or holding fuch table in poffeffion, re-

fufe legally to return the laid table or tables, or after returning the fame; fhall neg-

let or refufe to pay the tax thereon, when thereunto required, it fliall be;, and is

hereby made the duty of the collector of tax, to levy on the faid table or tables or

inftrument, and expofe the fame to public fale, after giving fuch notice as is required

for the fale of perfonal property ; and fhould the faid table or tables after being fet up

TAX.

-

533

for fale, not fell for the full tax due on the faid table or tables, that then all the proper

ty of the owner or owners, (hall be liable for the taxes aforefaid ; and further the per-

ibn or perfons owning fuch table or tables, is hereby made liable to return and pay

the like tax in every county in this ftate wherever he, (he or they may carry the

fame : That the tax on E O, and billiard tables may be levied and collected at any

time after the paffing of this aft ; wherever fuch tables may be found : and every tax

colle&or is hereby required to proceed immediately againft perfons keeping fuch ta

bles as is directed in cafes of non-payment of taxes on other property ; and the futn

of

four dollars

on

all

factors

and

brokers, >

and

on

all

wares, J

liq4 uo. rs,7

and ^

merc,h.and ize, **ri ,uroKei^

fold, bargained or trafficked for by fuch faftors and brokers; and the fum of eighteen &c

and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be

given in upon oath; and the fum of fifty cents on every hundred dollars of the fund

ed ftock of the United States, to be given in by the holders thereof in like manner as S0t(imlc<1

flock in trade: Provided neverthelefs, That in all cafes of extreme indigence or in- provi50 -

firaiity, the inferior court of each county (hall be, and they are hereby authorized

to remit the poll tax upon fuch indigent or infirm perfon claiming the fame.

3. And be it further enatted. That there mall be a receiver for each county through- one receiver to

out this .ftate, and that the mode of taking the returns ihal! be a,s follows: The re- f^refficmm.

ceiver of tax returns in each county fhall give notice to each captains diftricl within y> " tuty

the county, by advertifing in the molt public place of each diftrift, the day and place

he will attend to receive the returns of taxable property therefor; and which notice

ihall be given at leafl ten days previous thereto; each receiver fhall likewife attend,

previous to making his return of defaulters, three different days in each diftril for

that purpole, which days (hall not be within feven days of each other; and the com

manding officer in each company Dial! give to thereceiver fo attending, a lilt of the Litfdefaai.

inhabitants liable to pay taxes in his diftrift, on oath or affirmation, to the bed of his

knowledge and information, under the penalty of thirty dollars in cafe of failure, to

be recovered before aayjuftice of the peace within the county, one half to the perfon

fuing for the fame, the other for the ufe of the poor of fuch county. And it (hall

be the duty of the receiver of returns, at all times upon perfonal application, to re

ceive the returns not given at the time and place fpecially notified, and at any time

before he makes a digeft of the whole returns; and he (hall, previous to the entering

on the execution of his dutv, take and fubfcribe the following oath or affirmation,

to wit, " I, A. B. do folemnly fwear (or affirm) that I wil! truly and faithfully perform RCaiveroatij

all the duties of receiver of returns of taxable property in the couaty to which I am

appointed, as required of me by this at 3 and will not receive any return but upon

oath."

4. And be it further enabled, That all and every perfon liable to pay tax fhall give Retlirm of,aK.

in a lift of his, her or their landed property, as well as a lift of every fuch perfon or ?ohcS"OH

perfons as he, me or they may be attorney or attornies, Cxxecutor or executors, ad- 0" 1

miniftrator or adminiftrators of, defcribing as near as can be from the plats, deeds,

or- other documents, the particular fituation of fuch lands, what particular water

courJe on, and what lands it adjoins, for whom furveyed, or to.whom granted; and

the receiver of fuch returns mall make a general digeft and return of the whole of the

taxables received as aforefaid, and alfo of the taxable property of non-refidents and

defaulters within his county, and lliall tranfmit three copies, one to the collector of

the county, one to the inferior court, and one to the treafurer; and that the faid tax

receivers do- deliver the aforefaid three copies, to wit, to the collector and clerk of

the inferior court, on or before the fifteenth day of July next j and to the ireafurer,

.

TAX.

on or before the iirft Jay of Auguft next, under the penalty of one thoufand dollars for each offence, including therein his own taxahle property; and {hall publifh within one month thereafter, in the gazette,, the names of defaulters, under the penalty of fees, two hundred dollars; and the receivers fhall receive two and one half per centum on the tax arifing from all property returned, and fix and one quarter cents on each re turn of a poll without property; and it lhall be his duty to tranfmit to the treafurer, the clerk of the inferior court, and the collector of taxes, each a copy of fuch digeft. And that the faid feveral receivers .to be appointed by this act fhall be paid by the collectors in their refpective counties the fums which fhall become due them for f-ovha their fer vices, as allowed by this act: Provided, That no receiver fhall be allowed, or paid by the collectors, before {uch receiver fhall produce a certificate from under the hand of the clerk of the inferior court of fuch county that fuch receiver is entitled to fuch fum for his fervices, agreeably to this aft; which certificate fuch clerks are hereby on application directed to give; and every collector fhall be allowed credits for fuch payments in his fettlement with the treafurer, 'who is hereby required to tranfTshtaaltlvmMaskueraef mit an alrphabetical dkOeft (V. from the feveral. gb eneral retu, rns in his o_ ffice)/ of all the general digest, lands and other property returned as lying in each county, to the inferior courts oi the refpective counties, to be examined and compared with the returns of fuch county, m s fees there, for which duty the treafurer mail be entitled to five dollars for each digeft fo tranfmitted, for which fums his excellency the governor is authorized to draw a warrant on the treafury, on the treafurer's producing and depofiting a depofition in the exe cutive office a receipt for fuch digeft from the clerk of the inferior court of the county. In cafe the treafurer fhall fail or negleft to tranfmit fuch alphabetical digeft on or before the laft day of each year, he fhall forfeit and pay the fum of fifty dol lars for each digeft not tranfmitted, to be recovered by the juftices of the inferior court, in any couri having cognizance thereof, and applied to the ufe of fuch county. g^fr'sduty And it {hall be the duty of each tax receiver to examine the alphabetical digeft fo tranfmitted by the treafurer, and report upon oath all the lands and other property within his diftrict not returned as aforefaid, and the quality of fuch land to the belt of his knowledge and information, to the collector of fuch county ; and it fhall be the duty of fuch collector to collect the taxes due thereon, in the fame manner as if fuch property had been returned under thjs act',, and fhall be accountable for the fame
to the treafurer. '(sand 5' -And be it further enacted^ That the receivers and collectors of tax for the reraiiedora re- fpettive counties, {hall be refponfible to the executive department, and to be amenable the governor. to faoh rules in conducting the duties of their refpective officers, as the executive
may think neceffary .and proper. The collectors of the refpective counties, before they enter-on the duties of their office, {hall give bond'with fufficierit fecurity as folCilreT;ond4'd'^ows For the county of Chatham, in the fum of twenty thoufand dollars; for the security. county of Camdeii in the furn of four thoufand dollars; for the county of Glynn, in the fum of two thoufand dollars; for the county of JVWntofh, in the fum of five' thoufand dollars; for the county of Liberty in the fum of five thoufand dollars; for the county of Bryan, in the fum of three thoufand dollars; for the county of Effingham, in the fum of two thoufand dollars; for the county of Scriven, in the fum of two thoufand dollars; for the county of Burke, in the fum of five thoufand dollars; for the county of Montgomery, in the fum of two thoufand dollars; for the county of Wafhington, in the fum of four thoufand dollars; for the county of Jiancock, in the fum of eight thoufand dollars; for the county of Greene, in the fum of five thoufand dollars; for the county of Richmond, in the fum of eight thoulaad do.1-

TAX. '

535

Jars; for the county of Columbia, in the fum of fix thoiifand dollars; for the coun

ty of Wilkes, in the fum of eight thoufand dollars; for the county of Oglethorpe,

in the fum of eight thoufand dollars; for the county of Warren, in the fum of four

thoufand dollars; for the county of Elbert in the fum of five thoufand dollars; for

the county of Franklin, in the fum of four thoufand dollars; for the county of

JV;kfon, in the fum of three thoufand dollars; for the county of Bullock, in the

fum of two thoufand dollars; for the county of Lincoln, in the fum of three thou fand dollars; and for the county of jefferfon, in the fum of three thoufand dol

lars; and fhall alfo take and fubfcribe the following oath or affirmation, to wit: " I, A. B. appointed collector of tax for the county of--------, do folemnly fwear Their oath, that I will faithfully difcharge the duty required of me by law;" and in cafe of

death, refufal or negieft of any colleflor, to enter into fuch bond or take .fuch oath, vacancies.

then his excellency the governor is hereby authorized and required to appoint fome

other perfon willing to accept the fame on the qualification aforefaid: who fhall at

tend in each diftricl of the county to receive fuch tax, and fhall previoufly give at

leaft ten days' notice thereof, and fhall attend at leaft two days in each captain's dif

tricl:, and not within ten days of each other; and if he (hall prefume to execute the faid office .without the qualification aforefaid, he (hall forfeit double the fum for each perfon's tax he ihall receive, to be recovered by any perfon who fhall inform and

profecute for the fame in any court or tribunal, having cognizance of debts to that

amount.

6. And be it further enaffed, That the governor for the time being fhall take bond Governor to

and fecurity of

the colletors of each county refpeQively

in

conformity

to

this

aQ,

take bondse .ttors.

for the due performance of all the duties required of them; and mail tranfmit a de-

dirnus to the juftices of the inferior court of the feveral counties, or any two of them,

to receive and caufe to be executed fuch bond with two or more fecurities, to be ap

proved of by fuch juftices; which bond fliall be forthwith tranfmitted by them to the

treafury office. 7. And be itfurther enabled,, That all perfons whatfoever who are poffeffed of any
lands granted to, or furveyed for them, or for any other perfon or perfons, or of' howtobc 'wi

flaves, either in their own right or of any other perfon -or perfons whatever, or are liable to pay other tax by virtue of this aft, fhall, on or before the firft day of May

next, render a particular account thereof on oath in writing, fetting forth in what county fuch lands and flaves are,. to the beft of his, her or their knowledge, to the

receiver of the county wherein fuch perfon refides, at fuch time and place as the re

ceiver of the county fliall appoint for the doing thereof, fo that the fame be done on
or before the fir 11 day of May aforefaid; which oath or affirmation fhall be in the words following, viz.'" I, --:-- do fwear or affirm (as the cafe may be) that the ac- oath to he u.

count which I now give in, is a juft and true account of all the taxable property ^S^0"1 which I was pofieffed of, held or claimed on the firft day of January laft, or was in- u" ns'

t^refted in or entitled unto, either in my own right, or in right of any other perfon

or perfons whatfoever, as parent, guardian, executor, adminiftrator, agent or truf-

tee, or in any other manner whatever, according to the beft of my knowledge, in

formation and belief, and that I will give a juft and true anfwer to all lawful quef-

tions that may be afked me touching the fame; and all this I declare without any

equivocation or mental refervation whatever. So help me God." Which oath or

affirmation the receivers of tax returns for the feveral counties are hereby reflectively

authorized and required to adminifter gratis.

TAX,
^aity for ' 8. A iid be itfurlJier nolcd, That if any perfon or perfbns fh all neglect or rcfufis If or'ivSf'In to give in a return of his, her or their taxable property, or fliall be convicted of Ejaiscroiuni. f^ud or of making a f'alfe return thereof, he fhe or they fhall be liable to pay to the
clerk of the inferior court of the county a fine of ten dollars for every hundred doU lars' valuation fo neglected or concealed, one half whereof to the tife of the county un der the direction of the inferior court, and the other half to the ufe ofthe^informer or informers ; to be recovered in any court having cognizance of the fame. tto,n!tru. 9 ylw^e^yr^grgM#f^, That all attornies or truftees of, or for any perfbn or , perfbns living without the limits of this Rate, fliall make true returns as aforefaid irt thediftrict wherein fuch attorney or truftee refides, all that fuch attorney or attoruwnantc,. ^j^^ tr^fteg or truftces fliall be liable to pay the tax to become due by this act, or which may be due by any former tax act or acts, for fucli land or lands, (lave or flayes, out of his or their own proper cftate, notwithftanding fuch attorney or attorm'es, truftec or truftees, may renounce or disclaim acting as fiich before the (aid tax es are levied, unlefs Rich attorney or attornies, truftee or truftees, fhall make oath w m,once before the receiver aforefaid, that he or they hath or have renounced fuch truft or atL^h.'"" ^ torncyfhip, before the payment of fuch tax became due, without having done it oniwvim. V ^'^ dcfign to avoid the payment thereof: Pro%;;ygJaJ%'0'^ That if fuch at torney or attornies, truftee or trustees, fhall within one year next after rhaking fuch oath again become attorney or attornies, truftee or truftees, or act as fuch, he or they fhall be liable to pay the (aid tax herein direcled, any thing herein contained to the con trary notwithstanding ; and for levying whereof the fame remedy fhall be and is here by given as for levying the tax to become due by virtue of this act, on the proper eC* tate or eftatcs of fuch attorney or attornies, truftee or truftees, or other perfbn or pcrfbns aQing as fuch.
10. yJMJ ^e ^yMy^Aer enafM ^y ZAe a^AoM^ a/o^g/az^, That in cafe any land or ahKnKM'fndc. other taxable property fliall be found by the receivers to belong to any perfbn or per-* tUnnifto, tl.owictod f_ons,rcl_ idm..g!.w.i* thout'.the .li.m.its ofrith-isnftate, aud1 w:h1 o have no attorney or attornies,
. truftee or truftecs, legally conftituted in this Rate, or which have not been returned to any receiver appointed to the county where fuch lands are, then and in fuch cafe, the receivers fhall be and they are hereby authorized and required to charge fuch lands
n.mtnbe:.!- **"^ other property for the payment of the tax impofed thereon, and alfb for all taxwrt:duraid. eg j^^ thereon by any former tax acl ; and forthwith once in every month, to pub-
lifh and give notice of every fuch charge or affefrment in the gazette : And in cafe of non-payment of fuch taxes within fix months, the faid lands and other property fhall be thereafter liable to double tax, and to be proceeded againft by attachment in a fummary way by the coile&or in the manner of diftrefs and fale, and to make titles to the perfonorperfonspurchaflngthefame, andtopay the money, lawful charges only proviso to be deduclcdinto thetreafury : .PymMVM, The owner or owners, his or her agent or attorney, fhall'hot within twelvemonths after fuch fale, apply for the f'urplus: And it fhall be the duty of every tax colleclor, and heis hereby required on the day on which he fhall comedo a final fettlement with the treafurer ; or on the day on which he is re quired by law to clofe his accounts, to make a return on oath which fhall be certified and vouched for by at leaft two juftices of the peace for the county, of all lands fold by him for the taxes, fpecially letting forth the tax for which it was fold, the ^"^MJ" price it fold for, and thepurchaler orpurchafers. And in cafe of failure, fuch coly[ht\c"!u- Ic&orandhis fecurities fhall be fubjecl to a penalty of twojtboufand dollars, to berefr. covered in any court having cognizance thereof, to the ufe of the profccutor, and alfo be fbbjcct to an aclion at law for damages by any perfbn aggrieved thereby.

TAX, .

637

ii. And 'be. it further enatied, That all perfons wlialfoever who are poncded ofEoKf*

feny Sands or fiaves in this ftate, in -his or their own right, or in the right ol:' any othci U:d: '

perfon, or any ways liable to pay tax by virtue of this or any other act, fiu>U pay in

their taxes to the .collector tha.t may be appointed to receive the fame, in the manner

herein after directed^ on or before the firft day of February, in the year one d<ou-

fand eight hundred and one, the refpective collectors' receipts (hall be he'd and taken

as fatisfactory ; and if On the faid nrft day of February any perfon or perfons fhall be

in default, the collector of the county where f'uch default {hail happen, fhall imme

diately proceed againft fuch defaulters by diftrefs and faie (after due notice given of

fuch fale, which in no cafe fhall be lets than twenty days' advertifement in one 'of'

the public gazettes of this ftate, and Hating the amount of the aflefimeiit levied: or

lax due by fuch perfon or perfons) of goods and chattels, if any to be found., otb- 0TM^^.^

erwife of the lands of fuch defaulter or defaulters, or fo much (hereof as will pay U<es"ld-

amount of taxes due with cofls; but, no fale of lands fhall be made or be valid. Iin,,rtri .,lfob(,'

unlefs two months' notice thereof be given by advertifement in one of the gazette;; ^0TM"?^

of this ftate, wbich fhall regularly be publifhed until the day of fale 5 and in all fuch u^fo'iu'yi

cafes'to make titles to the purchafers of the property fold as aforesaid. And the faid JS^i

collectors refpcctively {hall, on or before the nrft day of June, irf the year of our d"'e'

Lord one thoufand eight hundred and one, clofe their accounts and deliver the fame

to the treafurer for the time being, and after deducting five per eentum on all fuch

taxes as they fhall receive, pay the remainder to the faid treafurer. And. the tax col

lectors fhall at all fales of lands for taxes, firft offer fuch part of fuch lands for iale

as may reafonably be expefted to produce the amount, of -tax due, by the owner

thereof; and if he (hall not have a bid for fueh part of faid lands, he may then offer

*

a larger quantity, until he can produce bids to the amount of the tax due; and that

-<io fale of lands heretofore or hereafter made by tax collectors of raoie than one

tract or grant, belonging to or fold as the properly of one perfon, or one company

or fociety of perrons, where fuch tracts firft fold fliall have produced or amounted to

the taxes due by fuch perfon, or on all the lands returned or reprefented as (.he pro

perty of ,fuch pevfon or perlbnsj fhall be deemed or confidered valid, but fuch {'ales

are hereby declared to be null and Void.

12. And be it-juriher -snaffled., That when any of .the faid receivers of returns or col- nouue t.

-lectors of taxes, fhall or maydifcover that any land or {laves or other taxable pro-retTnc!1'8"

perty, hath not been returned as in this act pointed out, he or they fhall furor/ion three

freeholders, refidents of the diftrict where fuch land may lie or property be, to afcer

lain the quality of fuch land, and double the tax thereon ; for which amount the col

lector is hereby empowered and required to levy, fell and convey in the manner herein

already mentioned, Provided always neverlhelsfsi, That all lands or oilier property r!0-ri,.

vefted in cormniffioners or truftees, for public ufes, fhall not come within the purview

-of this aft. And provided alfo. That no fale which mall be made under this act of ,,,,,,;,.,,,

the property of orphans (having no guardian or truftee,) fhall have any efFect;'

o; ,*an!,

13. And whereas it has happened, and may frequently happen, that between the day

of receiving the return, and the day appointed for the payment of the faid tax. many

perfons have left the diftrict- in which they refided, and have been returned by the

.collectors as defaulters., who had no property upon which the collectors could levy -and.

diftrain : Be it there/ore enaffed by the -authority aforcfaid* That the -collector in-'anv
couiity mn al1l1 bi e obulvigedj to lT ay bieffore thi e grandi jury o-rreaich county, a hi-irt of/- i,-nchi 'm'- I'

-

':

' ..

-

3Y

-.

-

...-.*-...

TAX.

folyents as may be in fuch county or counties on oath, .who fhal-1 allow or clifallow the

lame. . '

('

mi tax prefer- *4- -And be it further enabled, That the taxes impofed by this aft, (hall be prefer-

c^TM'". red to all fecurities and encumbrances whatever : and that in cafe ay perfon or per

fons coming under the notice of this aft, (hall die between the time of .giving in his,

her or their returns to the receivers refpeQively, and the paying. of his, her or their

taxes, and any goods or chattels of the deceafed to the value of the fum taxed, (hall

come into the hands of his, her or their executors or administrators, or executors iri

their own wrong, fuch executors or adminiftrators (hall pay the fame by the time be-

fore limited, prior to all judgments, mortgages or debts whatsoever, other-wife a war

rant of execution fhalliffue againft the proper goods and chattels of fuch executor or

adminiftrator; and if any perfon or perfons between the time of rendering the account

of his, her or their eft ate to the receiver aforefaid,. and the time of his, her or their pay-

rcwonsabout ing in the laid tax, {hall be about to depart the county in which he, me or they may

nt>che have immediately then preceding refided ; the faid collector or collectors is and they

are hereby directed and required, forthwith to levy the fame, notwithftanding the

day of payment may not then have arrived, unlef.s fuch perfon of perfons (hall and

do find fecurities to be approved of by the faid collector or collectors refpeclively for

the payment thereof, at the day herein appointed.

Sls'to&ovA<ie J 5- -And bt it further enaited^ That all deeds of gift, conveyances, mortgages,

*" ux~"voi<>- Sales and alignments of goods, lands, tenements and chattels of any kind of any

perfons whatfoever, made with an intention to avoid paying the aforefaid tax, are

wottgaje, hereby declared null and void; and in-cafe any perfon who has mortgaged his eftate,

real or perfona!, fhall refufe or neglect to pay the tax of the fame, the mortgagee

j'joviio. lhall pay the fame. Provided^ That no fale for taxes under this act, ihall tend to af--

fed the ftate title to any property mortgaged or Secured thereto.

Executions a- * ^. ^ n^ ^ it further enattedj That the treafurer for the time being, be and he is

liSors!01" hereby empowered and required to grant executions againft all former collectors

of taxes who are or may be defaulters immediately after the pa fling of this aft;

and he is hereby required and directed to proceed and prepare the. form of a general

ret.ur/i to be made by the refpeflive receivers of tax returns, to be approved of by

the governor, and transmitted by the treafurer, without delay to the aforefaid of

ficers.

ropcrtywith. ouatyt.hbee scooludnftoyr

17. And be it further enatted. That where propIerty real orJper-lon-al therei\n or perions

the collector in arrears, to

of the iati. sry

county finds /
the taxes due

no by

virtue of this or any former tax al, fuch collector is hereby authorized and cmpow~

ered to fell fo much of the property of the perfon neglecting to pay as aforefaid, as

may be Situate in any. other county or counties as will fatisfy the faid tax and arrears

of tax as aforefaid, without further notice than his giving twenty days' previous publi-

coiicctors' city of faid fale by advertisement in one of the gazettes of this ftate ; and thecoilec-

tompentatiiB. ^ ts {ha\\ be allowed fifty cents for each execution levied, and five per centum on the

amount of fuch execution.

pJ"iitywmaCke *8. A nd leitfurthcr enabled., That every perfon or perfons refufing or neglecting

tnrns. to gjye jn a ]j|^ of hjS; h er or their taxable property agreeably to the- directions of this

aft, {hall forfeit and pay for every fuch neglect, the fum of one dollar for every free

male above the age of twenty-one years, and the fum of one dollar for every negro; the

Sum of eighty cents on every hundred dollars value of every lot, wharf or other lands

not herein enumerated, and on all buildings within the limits of any town, village OF

borough within the fame, to be paid by the mailer or owner thereof and to be re-

.TAX,

;

covered by bill, plaint or information before any court having cognizance thereof; the one half thereof to go the informer, and the other half to the ufe of the county, where fuch information is made; except where the profecution is carried on by prefentment, and in that cafe the whole (hall be applied to the ufe of the county : Provided, ThatPtOTu0. fuch information or prefentment be made within twelve months after fuch neglect or default.
19. And whereas divers perfons non-refidents of this ftate, import large quantities of goods, wares and merchandize; and evade the payment of taxes by not being in the ilate at the time ufually prefcribed for making returns for taxes, for remedy : Be it enabled, That any non-refident who fhall expofe to fale any goods in this ftate, Tmanthesas fhall on his arrival, or in {even days after entering the fame, make return on oath, to bymm-rc!-' ths receiver of taxable returns, and give fecurity to the tax collector to pay the fame e\^_ on-or before the time prefcribed for paying taxes by this act ; Provided, That fuch goods ihall not be liable to.pay the tax when they may be exported, or placed-in the hands of a vendue maftcr to be actually difpofed of, by him or them; and on failing (.0 comply as aforefaid, if. fhall and may be lawful for the tax collector to proceed againft him or them in like manner as againft perfons about to remove out of the county.
so. And be it further enaScd., That it mall be the duty of the judges of the fuperior ""<! juries i courts, at their next term after the returns of the receivers of taxable property i'hslltTM.c" have been made agreeably to this aft, to give it in charge to the grand juries of the fe deral counties, that they do prefent all fuch perfons as may be defaulters under this aft: Provided neverth.elc.fs, That where any perfon or perfons who may be a.defaulter, mall before any information or prefentment be made againft him or them, go to the clerk of the fuperior court of-his county, and give in a lift of his property upon oath, in the fame manner as ought to have been given in to the receiver, fuch perfon or perfons-fhall be exonerated from the pains and penalties of this aft; and each perfon ihall pay to fuch clerk for taking fuch lift, the fum of fifty cents; and every fuch clerk (hall return to thecolleftor of his county on or before the firftday -of-Decem ber one thoufand eight hundred, a true lift of fuch property, and alfo tr an unit to the treafurera return thereof, on or before the firft day of February following,
21. And be {(further enaHted, That the tax impofed by this aft {hail be collected TM,. t,^,,^ in fpecie, bank bills of .the United States, or of'the different branches thereof, g0 - l" 3fedc-vernor, prefident and fpeaker's warrants, and in nothing elfe; and no replevin fhall NO replevin, lie, or any judicial interference be had in any levy or diftrain for taxes under this ' law, but the party injured be left to his own proper remedy in a court of law>
.82. And be it .enafted by the authority aforefaid, That any receiver making a falfecSy*!?"/^-, return, expreffive of more or other than is to him given in, 'fhall forfeit and pay to thciSrs; a!sc!<:~ party aggrieved a furmequal to double the amount of the tax on the property fo il legally returned; and any-collector demanding any other or more tax than by this aft is impofed, according to the refpeftive returns, fhall forfeit and pay to the party aggrieved for every fuch offence fourfold on the fum fo unlawfully received, to be recovered before any jurifdiftion having cognizance thereof. And it [hall be the duty of the fheriffs of the refpeclive counties to execute all executions and other procefs iffued by the treafurer againit officers appointed by this aft, under and by virtue of the fame.
23. And be ii further enatted, That in cafe any colleftpr of taxes for any county BsCciu<omt in this Itate fhall not fettle his accounts with the treafurer, and pay in the amount ofSltS!"*1 his collection by the time pointed out by this aft, the treauirer {hall publifh, in one of the gazettes of this Hate, a notification, requiring all and'fingular the tax

TAX.

tors who may be in arrears to come forward and fettle their accounts, and pay the

balance they may refpe&ively owe into the treafmy, within two months from the

date of fiich notification, which fhail be regularly pubhfhed fix weeks fucceflively.,

itating the furas due by each collector, their names and fecurities; and in cafe of

failure to make fettlement and pay in the monies as aforefaid, the treafurer is autho

rized and directed to iffue his execution againft every collector in default, directed to

all and fingular the fheriffs of this ftate, and tranfmitted to the fheriffof the county

for which the collector is appointed, who is required to levy the fame immediately,

if any property of the defendants in the county, if not, to tranfmit the fame to any

other county where the defendants, or either of them, may have property; and the

iheriff' of fuch other county is in like manner to levy the fame: and no execution

iffued by the treafurer in manner herein prefcribed, {hall be ftayed by reafon of the

death of the faid collector or his fecurities, as to the fum due, or the legality of the

execution.

Taxable pro perty in c!e-

24. And be it further enabled, That the collectors of the feveral counties mall, be

1'iuiir,

fore they receive the taxes from defaulters in their refpeflive counties, afcertain and

enter in a book to be kept for that purpofe, the taxable property in default, and the

amount of taxes due by fuch defaulters; an ex aft copy of which book or digeft they

ihali tranfmit to the treafurer., and another copy {hall lodge with the receivers of taxes

of the faid county, who fhall add the fame to his digeft, previous to fuch collectors'

receiving the taxes from fuch defaulters; and in cafe any collector fhall attempt to

receive taxes, or any part thereof, from fuch defaulter or defaulters, before he fhall

tranfmit the aforefaid digeft to the treafurer and receiver as aforefaid, he {hail for

feit double the amount fo received, to be recovered by execution to be iffued by the

treafury as in cafe of default, on information thereof to the treafurer.

Collectors inde- 25. And lie it further enaBed, That all former collectors who are in default, fhall:

fault,

within fixty days after thepaffing of this act, return a digeft to the treafurer, and an

other to the receiver, of all monies received or which they may receive from default

ers as aforefaid, in the manner pointed out, and on failure thereof fhall be fubject to>

execution, and the penalties which, collectors under this act are fubjected to.

rower of the 26. And be itfurther enaffcd, That where there may be a.defalcation of revenue in.

executive in certain cases,

the opinion of the executive, proceeding from fales of land in the different, counties of

this ftate for want of buyers, that he be and is hereby authorized to caufe the fame to

be fold by the collectors of fuch counties at fome one of the principal cities, towns or.

court-houfes within the circuit to which fuch collectors belong.

DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiiw^

DAVID EMANUEL, Prejident of the Senate,

Aflented to December 4, 1799.

TAMES lACKSON, Governor.

*S

ej

i

TAX,

,

An atl to raije a tax for the fuppcrt of gotiernmentfor iheyear c'lcthoufand eight /<;/:?... dred and one.

i. T3 E IT ENACTED by the Senate and Houfe of Representative.!, of the tlaJe c;/"1"" " ~ Al~.%Ji Georgia, in General AJje-m7b7ly met, andl it is hi erebi y enactIed'I bl y thi e authi ority 0laTMnd.-TM; r.?.w

thereof^ That a tax of thirty-five cents for every hundred dollars value on all lands

within this ft ate, granted to or furveyed for any perfon, as fuch lands (hall be efti-.AMI,,-, M

mated at,'{hall be levied on the fame, in the following mode, to wit:

ma'^.

All tide fwamp, (cultivated or uncultivated) including iflands, of the fir ft quality, at.

ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars foriy-

three cents per acre ; and of the third quality, at one dollar feventy-five cents pet-

acre.

Ail pine lands adjoining fuch tide fwamp lands or contiguous thereto, or within

three miles.of water-carriage, at one dollar fixty-one cents per acre : all prime in

land fwamp (cultivated or uncultivated) of the firft quality, at an average of (even,

dollars feventeen cents per acre ; of the fecond quality, at three dollars ninety-feveii

cents per acre ; of the third quality, at one dollar fixty-two cents per acre.

All pine barren lands adjoining or contiguous thereto, at. forty-three cents per acre.

All fait marm, at forty-three cents per acre,

All high river fwamp and low grounds, (cultivated or uncultivated) including iflands^

including fuch as are commonly called fecond low grounds, lying above Abercom-

Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the

firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three

dollars twenty-two cents per acre; and of the third quality, at one dollar and fixty-

one cents per acre.

'

All high river fwamp as aforefaid, lying above M'Bean's- Creek, and as high as the

mouth of Rae's Creek, of the fir It quality, at eight dollars three cents per acre;

of the fecond quality, at five dollars and thirty-fix cents per acre; and of the

third quality, at two dollars thirty-five cents per acre.

All high river iwamp as aforefaid, lying from the mouth of Rae's Creek to the mouth of

Broad River, on Savannah River, of the firft. quality, at four dollars eight

een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;

and of the third quality, at feventy-five cents per acre.

All oak and hickory lands (cultivated or uncultivated) including iflands, from the

.mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa

vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the

fecond quality, at feventy-five cents per acre; and of the third quality, at forty-

three cents per acre,

All oak and hickory lands (including iflands) cultivated or uncultivated, from the

mouth of Broad River, up the Savannah River, and within one mile of the fame,'

and up Tugalo River to the marked line on the faid ft ream-, of the firft quali

ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight

cents per acre; and of the third quality, at thirty-one cents per acre.

All oak and hickory lands (including iflands) cultivated or uncultivated,, from the

mouth of Broad River to the marked line on the head thereof, of the firft quali

ty, at one dollar eighteen cents per acre; of the fecond quality, at uxty-eighs

cents per acre; and of the third quality, at thirty-one cents per acre.

All high river fwamp or low'grounds (including iilands) cultivated or uncultivated,

from Fort Argyie to the mouth of Buck-head Creek on Ogechee River; of the'

542

TAX.

firft quality, at two dollars three cents,per acre; of the fecond quality, at one dol

lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.

All oak and hickpry lands as 'aforefaid, from the mouth of Buck-head Creek to the head

of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of the

fecond quality, at feventy-five cents per acre; and of the third quality, at forty-

three cents per acre.

AH high river fwamp or low grounds (including iflands) cultivated or uncultivated,

from the mouth of Buck-head Creek to the head of Ogechee River, of the firft

quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five

cents per acre; and of the third quality, et forty-three cents per acre.

All high river fwamp (cultivated or- uncultivated) including iflands, from Cathead, on

the river Alatamaha, to the mouth of the Oconee River, of the firft quality, at two

dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen

cents per acre; arid of the third quality, at fo'rty-three cents per acre.

AH high river fwamp or low grounds as aforefaid, from the mouth of the Oconee

River, along the northern ftream on the north fide of the Indian temporary line,

to the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,

at three dollars twenty^two cents per acre; of the fecond quality, at one dollar fix-

ty-one cents per acre; of the third quality at forty-three cents per acre.

All river fwamp as aforefaid, from the confluence of Oconee and Appalachee Rivers

upwards, on the north fide of the Indian temporary lines of the firft quality, at

two dollars fifteen cents per acre; of'the fecond quality, at one dollar and thirty

cents per acre; and of the third quality at feventy-five cents per acre.

All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar"

and eighteen cents per acre; of the feeoad quality, at fixty.-eight cents per acre;

and of the third quality at thirty-four cents per acre.

All oakand hickory lands (including iflands) cultivated or uncultivated, above theflow-

ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St,

Mary's s hiclufives to the marked line aforefaid, of the firft quality, at feventy-five

cents per acre; of the fecond quality, at forty-three cents per acre; and of the third

quality, at twenty-one cents per acre?

All lands on thefea iflands or lying on or contiguous to the feafliore, ufually culti

vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at

four dollars eighty-one cents per acre; of the fecond quality, at two dollars and

thirty-five cents per acre; and of the third quality, at one dollar eighteen cents

per acre,

All other pine lands throughout this ftate, at twenty-one .cents per acre.

Poiita*.

a. And bf it jurther enabled, That the fum of thirty-one and a quarter cents

(hall be levied on all free male white perfons from the age of twenty-one years and

Taxonsjawj. upwards jn th'is ftate ; and the fum of thirty-one and a quarter cents on all negroes

and other fiaves whatever, under the age of fixty years within the limits of the fame;

and the fum of thirty-one and.a quarter cents for every hundred dollars value of

oniots,&c. every lot, wharf, or other lands not herein already enumerated; and on all other

buildings within the limits of any town, village or borough within the fame, the fum

'free negroes. O f thirty-one and a quarter cents upon all male free negroes, mulattoes and mufti-

zoes from the age of twenty-one years and upwards, over and above the taxable

property they may be poffeffed of; and the fum of thirty-one and a quarter cents

he levied for every hundred dollars value of all ptribn's flock in trade, mop-.

TAX.

543

rs and others, and to be computed at prime coil, and the return to be made on x
oath, that the Rock in trade fo returned is the highell estimation of the Rock in fuch peribn's poffellion, at any time not exceeding three months, preceding the time ap pointed by this law for Rich Rock in trade to be estimated and returned ; the turn of one dollar on all four-wheeled carriages (waggons excepted) and the fum of fifty on carriage*. cents on all two-wheeled carriages (carts and drays excepted;) the fum of four dol lars on all practitioners of law and phyfic and the fum of one hundred dollars on all ^22%%"" billiard tables; and the (urn of-five hundred dollars on all EO tables or other biw,> Eo!&a. instrument of the like conitruftion for the purpofe of gambling : And whenever it fhall fo happen that the per (on or perfons owning or holding fuch table in poffeffion, refufe legally to return the faid table or tables, or after returning the fame; mall negSeCt or refufe to pay the tax thereon, when thereunto required, it mall be, and is hereby made the duty of the collector of tax, to levy on the faid table or tables or instrument, and expofe the fame to public fale, after giving fuch notice as is required tor the fale of personal property ; and mould the (aid table or tables after being Setup for fale, not (ell for the full tax due on the faid table or tables, that then all the proper ty of the owner or owners, mall be liable for the taxes aforcfaid ; and further the perfon or perfons owning fuch table or tables, is hereby made liable to return and pay the like tax in every county in this State wherever he, fhe or they may carry the fame : That the tax on E O, and billiard tables may be levied and collecled at any time after the pamng of this a&; wherever Such tables may be found : and every tax collector is hereby required to proceed immediately againStperSbns keeping fuch ta bles as is directed in cafes of non-payment of taxes on their property ; and the fum of four dollars on all factors and brokers, and on all wares, liquors, and merchandize, onbrokem, fcdd, bargained or trafficked for by fuch factors and brokers; and the fum of eighteen and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be given in upon oath; and the (urn of fifty cents on every hundred dollars of the fund ed Stock of the United States, to be given in by the holders thereof in like manner as Stock in trade: Prowjgd Mgwr/Ae/e/j, That in all cafes of, extreme indigence, or infirmity, the inferior court of each county Shall be, and they are hereby authorized to remit the poll tax upon fuch indigent or infirm perfon claiming the fame*
g. y4?z^& ^yimfAergna^M, That the following Sums Shall be paid on all Suits hereafter commenced in the fuperior or inferior, or mayor's courts, where the debt or damages Sued for Shall not exceed one hundred dollars, the fum of fifty cents; above one hundred and not exceeding three hundred, one dollar; above three hun dred and not exceedmg#Sive hundred dollars, one dollar and fifty cents; and on all Sums above five hundred dollars, two dollars; to be paid to the clerk by the plaintiff beSbr&the fuif or procefa ifRies, for the uSe of the State; which Sums Shall be taxed in the bill of coSts: And the clerks of the refpective courts of all the counties in this Rate,, are hereby required to make annual returns to the comptroller, on oath, on or before the firSt day of January in every year, of the number of fuits commenced, and the Sums received thereon ; and Shall at the Same time remit to the treasurer the amount of fuch return, deducting therefrom five per centum. And any clerk fail.ing to make Such returns, and pay or remit the monies as aforeSaid; Shall on complaint made by the treafurer to the judge or justices or their refpeclive courts, be liable to a writ of attachment for contempt, and fined at the difcretion'of the court, and continuing in default be difmiffed from office, and fuffer execution from the ueafurer.in hkc manner a* rax collectors.

514

TOBACCO

4. And le, it further maEled, That on the firft Monday in January attrmally, the

jufticcs of the inferior courts, and the juftices of the peace of the respective counties

of this ftate, {hall be and they are hereby authorized and required to cleft the receiv

er or receivers of tax returns (as the cafe may be) for the time being, and collector'of

taxes in their refpeBive counties.

The tax aft 5. And be itjurlher enabled, That the fame rules and regulations for carrying this

pt (707. to be in full force

aft into effecl,

(hall beobferved as are laid down for carrying into efled the tax law

of for the collefti
en of this tax.

the year one thoufand {even hundred and ninety-feven ;

except the returns of

the

receivers of tax returns, and they fhall be returned to the comptroller genera!: Pro*

vided, That no fales which {hall be made under this.aQ: of property belonging to or

phans, fhall have ariy effeft.

DAVID MERIWETHER, Speaker of the Houfe of Rtprefcntativcs,

DAVID EMANUEL, President of the Senate.

Affented to December i, 1800.

JAMES JACKSON,'Governor.

' '': : . ' ,

TOBACCO INSPECTION.

An act to regulate the infpeffion of fobaccd.

f

pot sell other 14. And whereas^ it is highly improper that the fame perfon fhould be infpectof

toliacco than \vli?.t is made

and vender of tobacco:

Be it enabled by the authority aforefaid,

That

no

perfon

to

tm their own plantations.

be appointed infpeclor of tobacco by virtue of this aci fhall be allowed to fell tobac

co as'aforefaid, unleC'iLe fame {halt be of the growth and manufacture of his own

plantation or plantations, and then he fhall produce a certificate figned by two or

more of the infpeclors to "be appointed as aforefaid of its,-being To'j'' iaitel any perfon

who ihall fell in violation,hereof, on conviction before the fuperior court of'the"jc%u:n-

ty in which he fhall reticle, fhall be difcharged from acling as infpel:or, and.thVfaid

i7Jcr penal ty of dismissi-

court fhall proceed and appoint another in

his ftead,

and tfyp

perfons

fo- ofrending

on and tifcy pounds' fine.

{hall be liable to a fine not exceeding the fum of fifty pounds, which fhail be fued for

and recovered in any court of record in this Hate, and paid into the public treafury

How to be re covered and

thereof;

and the perfon or perfons

making

information

againft fuch offender,' ihall

Applied. be entitled to one half the amount of faid fine.

s

The former and latter parts of this at repealed and re-enac\ed by the following:a|

of 1791,

.6y order of the Houfe,

WILLIAM GIBBONS,

Augufta, 14th February} 1-786,

TOBACCO 'INSPECTION,'

345

An aft for regulating the infpe&ion of tobacco,

it has been found by experience that the fevcral laws now in force

for regulating the infpeftion of tobacco throughout this ft ate, are unequal

to the purpofe for which they were intended : 1. t it there/ore enacted by the Senate and Hovfe of Reprefentativcs of the fate o/

Georgia in General Affembly met., That from and' immediately after the pairing of

this aft, no perfon fhall put on board or receive into any (hip, bngantine, fchooner,

floop, bylander, boat or other veffel, in order to be exported therein, any tobac

co which fhall not have been packed in hogfhcads or caiks, upon any pretence what

ever, before the fame fhall have been viewed and infpcfted according to the direc tions of this aft; that all tobacco whatever to be received or taken on -board any fhip^

brigan'line, 1'choonerj {loop, bylander or other veffel, and to be therein exported,

or to be carried and put on board any other fhip, bngantine, fchooner, floop, bylandcr or other veflel for exportation as aforefaid, fhall be received - or taken on

board at the feveral warehoufes for that purpofe herein after mentioned, or fome or

one of them, and at no other place or places wbatfoever: And any mafter, mate or

boatfwain of with tobacco

any fhip or other veffel, which fhall arrive in this ftate in during the continuance of this aft, fliall, before the faid

'order to load fhip or veffel

ba'o;

lad!B*

be permitted to take on board any tobacco whatever, make oath before the collector

of the cuftoms of the port where fuch fhip or veflel fliall arrive, which oath the faid

colleflor is hereby empowered and required to adminitter, that they wilLnot permit

any tobacco whatfoever to be taken on board their refpcclive.fhips or other veflelsj

except the fame be packed in hogfheads or caiks, ftamped by fome infpector legally

thereunto appointed, which oath they fhall fubfcribe in a book to be kept for that pur

pofe by the faid collector. And if any mafter fhall caufe any perfon who is not really

and bona jide mate or boatfwain, to come on fhore and take fuch oath, he fliall for faid offence forfeit and pay five hundred pounds; and if any commander or mafter oath to forfeit .of _any ihip*or veffel fhall take on board, or fuffer to be laken on board the fhip or twenty ijoundj

veflel whereof he is mafter, any tobacco brought from any other place than fuch

public place herein mentioned, or any hogfhead or cafk of tobacco not ftamped by

fuch lawful infpeclor, or fhall fuffer to be brought on board, any tobacco except in

'hogfheads or cafks ftamped as aforefaid, every fuch commander "or rnafter fliall for

feit and pay twenty pounds for each hogfhead, one moiety thereof to the ufe of the informer, and the other moiety to the ufe of the ftate, to be recovered by bill, plaint

or information before any court of record.

2. And be it further cnacled^ That every mafter of a (hip or veffel wherein tobac-

.co fhall be laden, fliall at the time of clearing out deliver to the collector a fair ma-

nifeft of all the tobacco on board his fhip or veffel, exprefiing the marks and nurn- "ofieaortoli!e

bers of every hogfhead, and the tare and net weight ftamped- thereon, the perfon

by whom {hipped, and from what warehoufe; and fhall make o.ath thereto, that the

fame is a juft and true account of the marks, numbers, tare and net weight of each

jre fpeftive hogfhead, as the fame was taken down by the perfon or perfons appointed

by him to take the fame, before the faid tobacco was flowed away; and no fhip or

veffel fhall be cleared- by the colleftor before he fhall have received fuch lift or mani-

feft, which fhall by the faid colleftor be tran|mitted to the treafurer of this ftate for

the time being,

ft Z '

TOBACCO INSPECTION.

hllmlfsftfr'the 3< ^ w ^ ^e it further enabled by the authority aforefaid, That public warehoufes for

tcLaM?n<:/ the infpeflion of tobacco purfuantto this act lhall be kept at the feveral places herein

after mentioned, that is to fay, at Augufta, the three tobacco infpeclions already ef-

tablifhed, called and known by the names of Calls, Richmond and Augufta a at. Hen

ry Arrington's, on Savannah River; at. New Savannah, on the lands of John Twisrp;

at Yamaieraw,* on the lot of Mordecai Sheftall; at Hardwick's, at the mouth of

Ogechee; at Louifville, on the land of John Shelman; at Galphinton, on die land

of Robert Forfyth; at Georgetown, on the land of Arthur Fort: at Lexington, on'

the land of Charles Statum ; at the Rock Landing, on the land of John M'Kenliei

at Mount Pelier, on the land of Charles M'Donald; in the town of Greenfborough,

on the land of John Armour; at the town of Waihington, on the lot of --------

at the mouth of Broad River, on the land of John Oliver, on the land of White,

Robifon, & Co. at their iron works on Sweet Water, and at Pace's Ferry, on. the

c'chTogiiicad lan d of Drury Pace. And the proprietors of each warehoufe are hereby, entitled to

tv'ope"ce!K& demand and receive for the ftorage of each hoglhead of tobacco infpetted at. his

proviso. warehoufe, the funi of one fhilling and twopence : Provided, the laid tobacco does

AA nd, s.ixpence not lay/ longtjer in fuch warehoufe than twelvemonths/; and for every} month after th e Sontif&M owner or proprietor or iuch tobacco inail. pay at the rate or iixpence per month,

neycM. which duty or ftorage fliall be paid to the feveral infpetors before the fame be re

moved from the faid warehoufe, who fliall be anfwerable to the owner or proprietor

thereof for the full amount of fuch ftorage by them received.

scaietsnd A. And be it further enabled, That there (hall be kept at the feveral warehoufes here-

vcirntsto o

'

i



?o^S>rsy * n appointed, and all others hereafter to be appointed, a good and fufficient pair of

fcales with weights fufficient to weigh fifteen hundred weight at leaft, and a fet of

ftnall weights, the fame that are or ought to be provided for the ftandard weights of

each county and that the proprietors of fuch warehoufes provide the fame.

5. And be it further enabled, That all tobacco brought to any of the public ware-

jjdsMofthe houfes fliall be viewed, infpetted, and examined by two perfons thereunto appointed

tuacvdnun- who fliall be called infpefctors, which faid infpefciors fhall be appointed in the follow-

-p <"" j n g manne j-5 that is j_o fay. The judges of the.inferior'!* courts in the feveral coun-

lies in which infpectorsare appointed (except as herein after is excepted) lb.all-.at their

county courts to beheld between the firft day of May, and firft day of September in

each year nominate and appoint three fit and proper perfons for infpeEtors at each of

their feveral warehoufes within their refpefctive counties, who fliall be commiffioned

by the governor, the two firft in the nomination fhall be considered as the acting in-

fpectors for the enfuingyear, and in cafe, of ficknefs, death, or inability of either of

ThM iq>ear the two firft infpefciors the third fliall act, and. alfo on the difagreement of the faid in-

'

fpeQors, the third fhall be called in to decide on fuch hogfhead or hogfheads -of to

bacco, arid the faid judges fliall. have power on complaint in writing being lodged in

the office of the clerk of the inferior court and being duly notified thereof by fuch

clerk, fuch juftices or any three of them, fhall within three days...after fuch notice to

them given, fummon the infpector before them, firft ordering a copy of the complaint

to be ferved on him or them and within five days thereafter, fuch juftice fhall confider

tinue

insoperCme'oan-,fj/jiuicah[11j

complaint j*udige j'ufft\

and may continue ;'' andi li"uehi court.s

or difmifs fnl.ialnl f/"il1l1 up

i'rom office him or them, as al11l vacancies t.1hat...t.tiay h appen

the court at.-..a..i_r_y,,oi"'

* Repealed by aft of 1798, fed. 4. -) See adl o 1^798, feft. i.

TOBACCO INSPECTION, .

their (kid courts to continue to the end of the then infpeQion : Provided always, and *i0

be it.ena-tted, That the third infpeftor on the death or removal of any inipeSor in |%%A,

the fame prdvided

nomination neverthelefs,

fhall be coniidered as infpeQor and (hall That where the inferior courts (hall fail

act to

accordingly : nominate per'fons

gcciecSo! uttR<'

for infpeclors the governor is hereby empower to make fuch appointments (except

that the firft five magiftrates on the lift for the county of Richmond not being mer-

chants (halt annually betwixt the tenth day of May and (he tenth day of Auguit

nominate to his excellency the governor three lifts containing perfbns each capable

and fit to ferve as infpectors at the respective warehoufes at Augufta, and the gov

ernor fhall within ten days after the laid lifts fhall be tranfmitted to him appoint and

eovmniffion tiiree fit and difcreet perfbns out of each lift to ferve as infpectors at each

warehoufe at Augufta, as defcribcd by this act;) and that every perfon fo appointed

'infpector by virtue of this act, {hall before he enters on the execution of his oiiice,

give bond with Security in the penalty of five hundred pound: payable to the gover

nor for the time being and his SuccefTors in office conditioned for the true and faith

ful performance of his duty according to the directions of this act, and liable to be

put in Suit upon any neglect of duty, which bond fhall be given or entered into be-

Jore the inferior court, or any judge thereof, and lodged in the clerk's" office of the county. "'"' '.."/ .-'...-

6. And be itfurther enaSled, That all inspectors to be appointed by virtue of this ;"S^t* act, fhall conftantly attend their duty at the warehoufe or warehoufes under their thclMldwu'-
charge from thefirit day of October, till the firft day of Auguft yearly (except Sun days) and the holy days obferved at chriftmafs, cafler and whitfuntide, or when bin? clered by ficknefs, and afterwards they or one of them, fhall conftantly attend at the fame except Sundays to deliver tobacco for exportation until all the tobacco remain ing there the faid firft day of Auguft be delivered, and no infpector fhall be obliged to -view any tobacco between the faid firft day.of Auguft and the faid firftViay of October, 1I8W f and every infpector neglecting to attend as aforefaid, fhall forfeit and pay to the party r*eska' aggrieved five {hillings for every neglect or fhall be liable to an action to recover all Such damages as he or they (hall have fuftained by occafion of every Rich neglefl, TKcirdtt^ together with his or their full cofts, at the direction of fuch party. And that all per fbns having tobacco at the public warehoufes may have equal juftice, the infpeQors fhall enter into a book to be kept for that purpofe, the marks and owners' names of all tobacco brought to their refpeQive warehoufes for inflection, as the fame fball be brought in, and fhall view and infpect the fame in due time as it fhall be entered in fuch book, without favor or partiality, and uncafe and break every hogfhead or call; of tobacco brought them to be infpected as aforefaid; and if they fhall agree that the fame is good, found, well-conditioned, merchantable, and clear of trafh, then fuch tobacco (hall be weighed in (bales with weights of the lawful ftandard, and the hogfhead or cafk fhall be damped in the prefence of the faid infpectors or one of them, with the name of the warehoufe at which infpected, and alfo the tare of the hogfhead or cafk, and quantity of net tobacco {herein contained, and the infpectors at fuch warehoufe fhall iffue a receipt for each, hogfhead of tobacco they fhall pafs, if required by the owner, if the fame weighs nine hundred and fifty, which receipt
Stall be in form following, to wit :

548. ,

TOBACCO INSPECTION.

Formof receipt arnote,

. Warehoufe,, the

day of

179 . .

Sweet fcented

' Stemmed

Orono/to

leaf

leaf

Mark No.

Grofs Tare Net

Grofs Tare ]\rd

Grofs Tare Net

Received of

hog/head of crop tobacco, marks, numbers, weights and fpecies as per above, to be

delivered by us to the Jaid

for exportation when demanded. Witnefs

our hands 3 the

day of

179

size of hogs- 7. And be it further enaffed, That the fize of the.hogfliead or cafk.--flia.II not. ex

ceed forty-nine inches in length, and thirty-one inches in the railing head, and to

weight. weigh nine hundred and fifty pounds net at lead.

Receipts to i.e 8. And be it alfo enabled, That no infpector or infpectors fliall, under any pretence

pmaity "f"1" whatever, ifl'ue a receipt for any other than fuch as fhall be printed, in which the date

twsntypoun ,. ^^ ^ inferted at full length; and if any infpector or, inspectors fhall preiume to if-

fue a receipt in any other manner than is hereby exprefled, he or they for fuch offence

fliall forfeit and pay twenty pounds, to be recovered with cofts by any perfon who

may (lie for the fame in any court within this ftate having cognizance thereof; which

a on disagree- rece'Pts as aforcfaid fhall be furnifhed by the proprietor of the warehoufe; but if the

totacCT.'iuiw"6 foid two infpectors fhall at any time difagr.ee concerning the quality of tobacco brought

c proceed, for their inspection to any warehoufe under their charge, they fliall, as foon as con

veniently may be, call in an additional infpector appointed to attend fuch -warehoufe,.

who fliall determine and pafs or reject fuch tobacco; and if he fliall pafs the fame,

his name fhall be entered in a book kept by the infpectors appointed, oppofite the

mark, number and weight of the hogfliead by him pafied, together with the name

of the infpector at fuch warehoufe who fliall officiate with him : And the infpectors.

at each of the warehoufes eftablifhed by this act fliall conftantly keep fo many able

hands at their refpective warehoufes, not lefs than two, for the purpofe. o.f taking

care of all tobacco brought to fuch warehoufe, and flowing it away after the fame

Hands to be fliall be infpected and ftamped; and it fliall be lawful for the infpectors to employ the.

tots' uteec' faid hands in the yard when not other wife fum'ciently employed by this act; and no

SJayatobaScco! infpeftor fhall, by himfelf, his fervant, or any other perfon, either directly or indirect-

totiaToVac- ]y, be concerned in picking any refufed tobacco (unlefs it be his own property) on any

t!ie'Sa ty pretence whatever, under the penalty of being forever thereafter difabled from hold

ing the office of infpeflor.

aetM. tobacco, 9- And be it further enacted. That when any tobacco {hall be refufed by the in-

ricctei. bs fpector, the proprietor thereof fhall be at liberty to fepa rate the good from the bad;

but if herefufes or neglecls to do fo within one month of fuch refufal, the infpeQ-

ors (hall employ one of the pickers attending to the warehoufe, to pick and feparate

fuch refufed tobacco, and give the owner credit for fo much thereof as fhall be

found merchantable, after paying the pickers one tenth part of the quantity faved;

and the infpeclors fhall caufe the toba.cco which fhall be judged by them unfit to pafs Swhuailelrbpeebnualrtnyt, to . be.burn"t, u'nd.er th. e penal. ty ot,- nr lrty poundisrfor every frai-ilure, one ihalwt- to th\ e m ^f/iity pounds. former, rec'overab, l,e wi-tVh c'ofnts, bi efrore thi e court ofr thi e county wiherein fruch> ware

houfe fliall be.

,

10. And be it further enaBed, That when any tobacco fliall be brought to any Retdpetrs tfoobrc_ warehoufe for the' di._fc,harge of,, any pub, l,i.c or pri/vate d. eb. t or contracr-t\ i n \bul\\k or

the infpeftors or one of thenij after they have received? examined and .weigh-

TOBACCO INSPECTION.

549

ed the faid tobacco according to the directions of this act, fhall deliver to the perfon bringing the fame as ..many receipts under the hands of the faid infpeBors, as (hall be required for the full quantity of tobacco fo received by them, in which fhall be e#preffed whether the tobacco received be fweet fcented, Oronoko leaf, or ftemmcd, which receipts mail be in the form following, to wit:

Received of mand to him or his order.

.

rm thereof.

Warehoufe^ the

day of

pounds of transfer tobacco, to be delivered on de

11. And be it enabled, That from and after the paffing of this aft, if any infpeftor Jjf',^TM*

fhall prefume to deliver any tobacco in his warehoufe without an order from the own-*'*^1;'^;,

er or proprietor of fuch tobacco, every infpeQor fo offending, and being thereof duly Se' pSy"^

convicted in the fuperior court or the inferior court of any county, fhall be incapa- aiTfm*"1'011

ble of ferving ever after as an infpector in this ftate, and fhall moreover be liable to pay

a penalty of fifty pounds, one half to the informer, and the other, half to the ufeof

the ftate, to be recovered by bill, plaint, or information.

12. And be it further enabled* That no infpector mail accept or receive, directly sium receive or indTirecrntly', ' any gratui* ty, rfee or rewardi lror any tihi' ng 1by lhi m to lbe dl o'ne i n purlru- nfn ,audndditeiornpaeln

ance of this act, other than his faid allowance or fees by ibis act allowed fuch infpec- area poumu.

tor, being thereof convicted, fhall forfeit and pay one hundred pounds, to be reco

vered with cofts by any perfon who will inform and fue for the fame. And be it alfofmcmsmAk.

enacted, That if any perfon hereafter fhall make a fire within any of the public/ware- 1wdMme'lsrub.

houfes, or within fifty yards of fuch warehoufe, other than in a room for the ufe of j" "'e' "'

the infpectors, or in feme houfe having a chimney, fuch perfon or perfons fhall, for

every fuch offence, forfeit twenty pounds, to be recovered with cofts by inforrnation 9

to the ufe of the informer; and if a fervant or flave, he or flic fhall, by order of

fome juftice of the peace, receive on his or her bare back twenty-five laihes for every

fuch offence.

13. And be itfurther enaffed, That he or they who fhall forge or counterfeit, alter Forgimr.x-c.

or erafe the ftamp or receipt of any jhfpefctor or infpectors, or lhall caufe or procure &< oVanyTnlruchl ifitamp or receipt to ibenforgedi or counterfr>eitedi , ailteredi or erairedt, or lnhal1l1 aidi or sipepftoonr,ishiioowi. to

afiift in forging or counterfeiting, altering or erafing, fuch ftamp or receipt, or mall

have in his cuftody or pofTeffion any infpector's ftamp or receipt which fhall have

been altered or erafed, knowing the fame to have been altered or eraied, and fhall

notdifcover fuch altered or erafed ftamp or receipt to a juftice of the peace within

five days after they or either of them fhal! have come to his or their poffeffion; or

caufe to be exported any hogfhead of tobacco ftamped with forged or counterfeited

ftamp; or {hall receive or demand tobacco of an infpector upon forged or counter

feited, altered or erafed ftamp or receipt, knowing the fame to be counterfeited or

forged, or fhall put or pack, or caufed to be put or packed, into any hogfhead or

cafk ftamped by an infpecto'r, any tobacco whatever, or fhall draw or take out, or

caufe to be taken out any ftave or ftaves, plank or heading-board of any hogfhead

or cafk of tobacco fo ftamped as aforefaid, after the fame fhall have been delivered

out of any of the public warehoufes aforefaid, and being thereof convicted, fhall

f'ufFer fix months' imprifonment, ftand four hours in the pillory, and pay a fine of

pne hundred pounds.

-

- JBS

14. And be it enaffed, That if any infpector or infpectors {hall give, deliver,' {^"Vj'^

or iHue to any perfon whatever his or their receipt ? exprefled to be for any 'hogf- ^1^,?",

550

TOBACCO INSPECTION.

bead or cafk of tabacco which they have not actually received into-thc wafehoufc

whereof they are infpeclo'rs at the time of giving fach receipt or fhallgive, deliver or

iffue, more than one receipt for any one hog (head or cafk of tobacco by him or them

received, except when authorized by law fo to do, fuch mfpector or infpectors be-

.ing thereof convicted by clue courfeof law fhall be adjudged a felon, and iha!i fuffer

death by being hanged.

tA receipts,' 15. And be it further enacted, That if any infpector's receipt be actually loft,

howestab-iaii- jniflaj^ O f deftroyed, the perfon or perfons entitled to receive the tobacco by virtue

of any fuch receipt, (hall make oath before any juftice of the peace of the county

where the fame is payable, to the number and date of every fuch receipt, to whom

and where payable, and for what quantity of tobacco the fame was given, and that

fuch receipt is loft, miflaid or deftroyed, and that he fhe or they at the time fuch re

ceipt was loft, miflaid or deftroyed, was lawfully entitled to receive the tobacco there

in mentioned; and (hall take a certificate thereof from fuch juftice, and upon produ

cing a certificate thereof, the inlpefctors who figned fuch receipt and lodging the fame

with them ; the infpectors fhall and they are hereby required and. directed to pay, and

deliver to the perfon obtaining fuch certificate the tobacco for which any fuch receipt

was given, if the lame or any part thereof fhall not have been before by them paid

by virtue of the {'aid receipt, and fhall be thereby discharged from all actions, suits,

and demands on account of fuch receipt and if any perfon fhalj be convicted of ma

king a falfe oath, or producing a forged certificate, in the cafe aforefaid fuch per

fon fhall fuffer as in cafe of wilful and corrupt perjury or forgery as the cafe may be.

-ftion, tw 1D". And, be it further cnaElccl, That the infpectors at the feveral warehoufes except

*o?"&pex- Calls, Richmond and Augufta fhall be and they are hereby entitled to receive for each

"Snd aaniRich'hogfliead of tobacco by them infpected the fimi of two {hillings which fhall be paid

BUBhomtb tne infpectors, by the merchants, or other perfons to whom the fame fhall be delivcr-

p;iid-

ed, and every fuch infpector before entering on the duties of his office fhall take the

junctor's following oath, to wit; " I, A. B. do folemnly fwear that I will diligently and care-

*aUu

fully view, examine, and infpect all'tobacco brought to the warehoufe whereof I am

appointed infpector, and that not feparate and apart from, but in prefence of my.

fellow, and that I will not receive any tobacco that is not in my judgment, found,

well conditioned, merchantable and clear of trafh, and that I will not change, alter,

or give out any tobacco, other than fuch hogfheads or cafks for which the receipt to

be taken was given, but that I will in allthings well and faithfully difcharge my duty in

the office of an infpector to the beft of my {kill and judgment, and according to the

direflions of this act, without fear, favors affection, malice or partiality, So help

me God."

.Transfer to- 17. And be it further enabled, That the infpectors at the different warehoufes in

"^pSzedlm1? this ftate fhall, and they are hereby required to prize up all fuch parcels of transfer

Sr-9" tobacco as mall or may be lodged in their respective warehoufes, into crop hogiheads

lo contain nine hundred and fifty pounds net, or upwards each, within two months

after the date of the receipt paffed or given by the in {hectors for fuch tobacco, and

the (aid infpectors fhall keep a book to be called a transfer book, in which an exact

and particular account of all fuch parcels of tobacco fhall be kept; and where any

perfon or perfons holding fuch transfer receipts to the amount .of nine hundred and

fifty pounds and producing the fame to fuch infpectors, they fliall deliver to fuch ow

ner or proprietor a crop hogfhead or hogfheads of tobacco to the amount of fuch re

ceipts, firft deducting from fuch receipts the fum of eight- per centum, for caik,

Shrinkage and prizing the farne, far which they fb.a-11 pafe their receipts or notes;, and.

TOBACCO INSPECTION,

551

iTic fcveral infpeftors at each of the warehoufes within this Rate, (hall proceed to fell Ami how toba all the transf, er i tobacco tnaf. may remain in th. eir pohn.dnh>on on th| e i(ccond, M_ , ond, ay in oderlaivner.ed @t

September annually at the warehoufe in the rdpcBive counties, and the infpeQors

felling f'uch transfer tobacco (hall be accountable to the owner or owners of fuch

transfer tobacco for, the monies aril'ing from fuch fales deducting at the rate of eight

per centum for wattage, calk, prizing and cooperage.

j

18. And be. it alj'o cnattcd by the authority aforejaid, That every hogfhead of to- Hogst-e^ &

bacco fha.ll have at Icaft fix good hoops, and the owner or owners of fuch tobacco tobenou1""11

tailing to have his, her or their tobacco in fuch Hate, fhall be obliged to pay the in-

fpciors for finding Rich hoop or hoops the fum of twopence per hoop, before the

delivery of fuch tobacco: And the inferior court of the county in which fuch tobac

co inflections may be, is hereby directed to appoint forae fit and difcrcet per- weights to r.c

fon or perfons to examine the weights at the different in'fpections in the iirii Monday sSVy'4?'ink-

in October and January in each year, and regulate the fame agreeably to theiiandard '

of this ftate.

19. And be it further matted, by (Ac authority aforefaid, That every proprietor or ^I^^J

owner of a warehoufe fhall keep the fame in repair and fhall always have a fufhcietii ^.:^{,{'TM:

fiielter or houfe room to fecure all tobacco which fhall be brought to the fame, the-^%^i"

doors-to be well fccured by good locks, bolts or bars-; in. default whereof the owner,

or proprietor (hall be accountable and pay to the perfon or pt:r(on,\ \vhofe tobacco

fhall be loft or damaged, all damages and colts which may be recovered by action in

either of the fuperior or inferior courts : And the courts of the Several counties with

in this ftate wherein any warehoufe for the inflection of tobacco now is, or may

hereafter be eftablifhed, fhall and they are hereby required at (heir fir ft meeting an--TO be exam*. nual,l,y to appoi. nt.th'r, ee.o, f . th- eir num;ber to exam' i.ne*-f.rom ti. me to ti. me into tr, ie",,ifatc tnhccdmyfecarrliyotby.

and condition of fuch warehaufes, and whether they arc built and fecured according

to this act, and the juftices fo appointed, or any two or more of them, Bnoing that

the (aid warehoufes are not in good and fumcient repair fhall within ten days give no-

tice in writing to the proprietor or proprietors of fuch warehoufe or warehoufes tcf

repair the fame, and if fuch proprietor or proprietors having notice as aforefaid,

fhall refufe or neglect fo to do within two months from the time of fuch notice ; it

fhall and may be lawful for thejuftices fo appointed, or any two or more of them,

to let fiich repairs to the loweft bidder, taking bond with fufficient fecurity of the un

dertaker in double the fum to be paid him for fuch repairs conditioned for the due per

formance thereof; and the infpectors at any warehoufe wanting repairs as afbrefaid^ ^,^^^

are hereby empowered and directed to it-dp in their hands the amount of the fum to Sfc,

be paid for fuch repairs, out of the monies arifing on florage which money fo (topped t^lTM

as aforefaid fhall be paid into the hands or to the order of the juftices letting fuch re- $fth

pairs, to be by them paid to the undertaker thereof.

'

ky'tKf

20. And be it Jurllier enaBed, That from and after the paffingof this at, any per- Hphd

fon or perfons bringing to any of the aforefaid warehoufes, any hogfhead or hogf- S

heads of tobacco, and the infpectors on weighing the fame fhall judge it good and &r'fce'1 '

merchantable according to the directions of this act, and under nine hundred and fif

ty pounds net, fuch tobacco fhall be kept by the infpector marked in their transfer

book as light crop tobacco, but no receipt or note fhall be given for the fame in lef's

than two months except the owner or proprietor thereof fliall require the fame, and

the owner or proprietor of any/fuch hogfhead may at any time within two months,

into fuch light hogfhead fo much other tobacco as will make the fame nine bun,-

TOBACCO INSPECTION.

..

dredand fifty pounds net or upwards in which cafe the infpectors fhall pafs their fc*

copt for the lame as crop tobacco and mark it on i.heir books as fuch: And if the ow

ner or proprietor of fuch tobacco ihall neglect or refute to prize the fame within two

months the infpectors fhall and may. confider the fame as transfer, and ihall he allow-

ed the flame per centum thereon as other transfer tobacco ; and wherever from the fitu-

ation and condition of any hogfhead of tobacco the infpectots find it neceffary, they

ihall have the lame repacked, and for every fuch hogfiiead the pickers fhall be enti

tled to receive for their fervices, in prizing and coopering the fame, the fum of. five

fhillings, except it be done by the owner of fuch tobacco,

21, And be it fitrt/icr enabled ly the authority aforefaid, That no perfon fhall attend,

any warehoufeto pick refilled tobacco or aft as a cooper, except he fhall have been,

appointed by the court and approved of by a majority of the infpeflors at fuch ware-

Their oath, houfe; Any fuch picker fhall take the following oath, to wit; "I, A. B. do folernn-

ly fwear, that I will carefully pick fuch refufed tobacco that I may have charge of,

and will faithfully and truly make a return of the net proceeds thereof, without any

wafle or embezzlement to my knowledge. So help me God." And the pickers and

proviso; coopers fo appointed fhall be under the directions of the infpeQtors; Provided, That.

nothing herein contained fhall be conftrued to prevent, the planter from picking or

.coopering his own tobacco; and the planters fhall at all tiroes have the free .ufe' of

prizes for that purpofe.

.

.-

Kdi acm,p"v- 2?< ^ Ui"l ^e it farther enatted, That, the feveral infpeclors appointed by this act fhall

^iiTMl?miedcd' be obliged to deliver each hoglhead to the perfon fhipping the fame, well coopered

Gca'rgiV! wot* wit-hat leait fix good hoops; and every hogfhead of tobacco, before it be removed

from any warehoufe within thisftate, fhall be branded with the word " GEORGIA,' 1

in letters of one inch long, which brand fhall be provided at the experice fof the own

er or owners of each refpective,warehoufc?.

<goorer'*fec. ?3- AnA Ijt it enattcd, That, from and after the firft day of October next, the

coopers at each of the feveral warehoufes fhall have and receive for each hogfhead. by

them coopered, and for rinding nails,) the fum of one fhilling and fixpence, and no

more, to be paid by the owner thereof; and if any cooper or coopers fhall demand

or receive any greater fee or reward for fuch fervices, he or they fhall for every fuch

shiiforfeit offence, forfeit and pay fourfold to the party aggrieved, to be recovered before a ofovuerrfcohldarfgoer, j.uiti.ce 'or the peace 1in /the county wihere I,-nchi of/frence i s commi ttedi , a'ndl on 1being-

convicted thereof, (hall b.e rendered incapable of acting as a cooper at any of the

warehoufes thereafter.

infpeaorsrore 2 4.-* -And be it further enabled, That no infpector or infpectors of tobacco fhall

ior'cooperi,"!, receive any emoluments for coopering any tobacco that may be brought to the ware-

^rempoy3m" houfe at which they are infpectors, under the penalty of being removed from office,

upon information and proof thereof before the county inferior court. And that from

and after the pairing of this act, the pickers at the feveral warehoufes fhall have and

receive for their trouble in picking any refufed tobacco one tenth part of all fuch

tobacco by them faved.

25 Gives falariesto certain infpectors---repealed by act of 1793, fe&. 3.

26 Relates to the fame thing--repealed hy the third fection of the fame act,

* Infpeftors allowed to cooper tobacco by a& of 1 796,,

TOBACCO INSPECTION

553

ftf. And fa it further matted, That all and every actor parts, of acts that have been! pa fled reflecting the infpection of tobacco, that is repugnant, and contradictory to this
act, be and is hereby repealed. WILLIAM GIBBONS,, Spctkertf the Houfe ofRepresentatives. N. BROWN SON, Prefident of the Senate,
Concurred December 23* 1791* EDWARD TELFAIR, Governor,

8e6 si

An tMfor the lettel regulation of the infpetiion of tobacco in thisjlate,- and for othef purfofes.

i. T Tf 7HEREAS it has been found to be injurious to the interefl of the planters

V V of tobacco in this ftatej that the infpeftors fhould be appointed from the

fcitiz.ens of any particular county : for rerriedy whereof)

Be it enaSed by the Senate and, Houfe of Reprefentatives of theflate of Georgia, in

General AjJembly met. That it fliall and may be lawful for thejuftices of the inferior

courts of the counties of Richmond^ Columbia^ Lincoln^ Elbert, Franklin, Jackfon^

Oglethorpe, Greene, Wilkes^ Hancockj Warren$ Burke5 Jefferfon and Wafhington,

to recommend two perfons for infpeQors to ahy county where warehoufes are efta-

bliflied by law; and the faid county courts respectively fliall be obliged to appoint

three infpeftors out of the number fo recommended, for each warehoufe that may be

in Rich county; and in cafe of failure or refufal of any or each of the faid counties

fo to recommend^ the court fliall proceed to eleft out of fuch perfons as may be re

commended; and in cafe no recommendations are made, the court may elecl; from

any candidates that may offer;

is

2. And be it further hereby eftablifhed at

enaffed, That an infpeclibri the town of Sparta, in the

of tobacco fhall be and the fame county of Hancock; and the in-

warehouse,

Ferior court of the faid county are authorized and empowered to fix and determine on

the fpot whereon the faid warehoufe fhall be erefiled in the town aforefaid; which faid

warehoufe fhall be under the fame rules and regulations as other warehoufes eftablifhed

by law in this ftates

g. And be it further tnacied, That an infpeftion of tobacco fhall be and the fame

is hereby eftablifhed at the city of Savannah; and the jufiices of the inferior court of

the county of Chatham are hereby authorised and empowered to determine on the fpot

of ground whereon the warehoufe and infpection fliall be eftablifhed, and to appoint

infpeftors for the fame; which faid infpeftion and warehoufe fliall be fubjefl to fuch

rules and regulations as are prefcribed by law for all other warehoufes and inflections

\vithin this ftate.

4. And be it further ena&cd) That all forrher laws refpecting an infpection at Sa-

Vannah, fo far as relates to that in fpeclion only, fliall be and are hereby repealed.

DAVID MERI WET HER, Speaker of the Houfe of Reprefentativeh

DAVID EMANUEL, Prefident of the Senate,

AfTented to February 2, 1798.

JAMES JACKSONj Governor. . .

.\ : -

554

TOBACCO,.',WAREHOUSES FO'R.

,An.a& to authorize Zachariah Lamar, efq. to lay out a town at the'mouth'of Broad River, and to ejlablijh infpdiions in the county of Wilkes.

'taxable.

1TEREAS it is neceffary, and will be greatly conducive to the general con venience of the citizens on the upper part of this ftate, that a town fhould

be laid out and a tobacco infpection eitablifhed at the mouth of Broad River, in the

counfy of Wilkes;

?,achariati La- Be it enabled by the reprefentati-ves of the freemen of the /late of Georgia in General

iliar authorized to layouts

AJJ'embly

met,.,

and by the authority of ihefame,

That

Zachariah

Lavnar, of the afore -

town called Lincoln, at the

laid

county,

be and he is hereby fully authorized and empowered

to

lay out a town

on his mouth ofBroad
River and to es-

own lands,

fituate

on the fouth fide of the mouth of

Broad River,

into

any

Uolish a public

and fuch number of half acre lots as he may think proper, and to difpofe of and

make titles to the fame according to the ufual manner of conveyance; which laid

town {hall be called and known by the namex>f Lincoln. And the faid Zachariah

Lamar is hereby further authorized and empowered to erect a public warehoufe for

the reception and inflection 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.

2. And whereas Dionyfius Oliver, of the afore {aid county of Wiikes, hath peti

tioned the legiflature to authorize him to erect a warehoufe on his own land, in the

iiibrefaid county of Wilkes, in the fork, between the aforefaid Broad River and the

river Savannah, for the reception and infpection of tobacco; and whereas the fame-

is iikewife thought neceffary for the convenience of- the upper fettlers:

sim Oli Be it further enatted^ That the faid Dionyfius Oliver is hereby authorized and

empowered to erect the faid warehoufe, and the faid infpeclion is hereby edablifhed,

fubject always t.o fuch laws as have been, or may hereafter be made, for regulating

die inflection of tobacco as aforefaid.

By order of the Houfe.

WILLIAM GIBBONS, Speaker-.

Augulla, February 8, 1786. .

,

An acl to repeal fome farts, and to amend other parts, of an ai to regulate the in.* fpeclions of tobacco.

i, 2, 3, 4, 5, Re-enaSed, with alterations, by act of 1791.

6, And whereas feveral petitions have been prelented to the prefent General Af-.

fembly, praying the eftablifhment of other inflections within this ftate:

Warehouses es Be it therefore enacted by the autho-rity^aforefaid, That the following infpefctions be,

tablished at J.ouisville,

and the fame are hereby eftablifhed, under the fame regulations as thofe already ef^

Washington (in Wilkes) New-

tablillied

in

or

near the

town

of

Augufta:

Oh John Shellman's lot of ground in

Savannah, cal led Tugg's, &

Louifville;

on

fome

public lot in the town

of

Washington;

on

fuch other lot in the

anothercalied Amngton's, at Calphinton, at llic falls of OAechee, atu) at

faid town as out; on the

the commiffioners of the academy in the county land of general Twiggs, at New Savannah, near

of Wilkes may point the mouth of Butler's

*s4' Dlull, creek; and on land of Henry Arrington at the fame place; ouland of Robert For-

- TOBACCO WAREHOUSES.

555

fyt.b, in the county of Golphinton; on land of Arthur Fort, near the falls of Ogechee; and on land of George Handley and Chriftopher Hillary, at Reed's Bluff.
By order of the Houfe. JOHN POWELL, Speaker,
Augufta3 February 4-, 1789.

An aft to ejlablij!i an infpeBion of tobacco on the Savannah River., at the mouth of

Lightwood-log Creek,

s

I. T> E IT ENACTED ly the Senate and Houfe of Reprcfentalives of ihejlate of%$*> f*

JLJ& Georgia, in General Ajfembly met, and it is hereby enacltd by the authority J^Sufo?

of the fame, That from and immediately after the palling of this act, it fliall and &'? Bi->B '

may be lawful for an infpeQion of tobacco to be opened, at the mouth of Light- &c! county>

wood-log Creek, in Elbert county on the land of Nehemiah Howard, which faid in-

fpectipn {hall be governed by the laws which now are in force or which may here

after be made for the government of the feveral infpections within this Hate.

2. Be it alfo enatted, That the right of building faid warehoufe is hereby veiled in vwi,,Kei..

the faid Nehemiah Howard, his heirs and alfigns, who fliall be entitled to receive the 8*1" owl" '

fame ftorage as is direfted by law to be received in the other infpections jn this

ilate.

^^

3. And be it further enabled, That fo much of an aft entitled " An aft for regu-S}1"1""1"*1'

laling the infpections of tobacco," palled the twenty-third day of December, one thou-

fand feven hundred and ninety-one, as relates to granting of falaries to the infpeclors

of Calls, Richmond, and Augufta warehoufes, be and the fame is hereby repealed.

4. And be it further enatted, That the impeftors at the warehoufes known by the j^*TM'^

name of Richmond and Augufta warehoufes, ihall be entitled to receive the fame^B1;^TM^

price for each hogfhead of tobacco, by them infpefted, as are allowed by law to;

t he in fpeftors of other warehoufes within this ftate, which fliall be paid at the time

of fhipmenf.

5. And be it further enabled, That the v/eights at the feveral warehoufes within this WeHlt,,

ftate, fhall b,e adjufted in themanner pointed out in a former law regulating the ir *~

of tobacco, on the firft Monday in January and October annually,

WILLIAM GIBBONS, Speaker of'the Houfe of Reprefentatiws,

BENJAMIN TALIAFERRO, Prefident of the Senate,

Concurred December 19, ^793.

GEORGE MATHEWS, Governor.

acl to eftalli/b ani-njpt&ion of tobacco on the Savannah River?, -dtlhe mouth of Coldwater Creek,
i. "13 E IT ENACTED by the Senate and Houfe of Heprefentatives of thejlate of inspection ot JO Georgia in General Ajjembly met, and by the authority of thefame That it {hall moitiiUftcoS-
and may be lawful for an infpecdon of tobacco to be opened at the mouth of Cold- w'u" CrsU" water Crcekjin Elbert county on the lanrj of John Cunningharn ; which faid in {pec-
1

556

TOBACCO WAREHOUSES.

tion fhall be regulated by the fame laws which are now in force, or which may here

after be made for the government of the feveral infpeOJons in this ftate.

And vested in 2. Be it alfo enaffied, That the right of the faid warehoufe is hereby veiled in

John Cunningham.

John

Cunningham,

his heirs

and affigns,

who fhall

be

entitled to receive

the fame

itorage as is directed by law to be received at the other infpeclions'within this ftate,

Inspectors may 3. Be it further enabled. That it fhall and may be lawful for the feveral infpeclors eoopertoliaeco. of tobacco within this ftate, either by themfelves, or perfons by them employed to coo

per the tobacco which may be brought to their feveral infpeclions, who fhall be enti

tled to receive the fame fee which is allowed by law in this ftate for the coopering of

tobacco^ any law or cuftom to the contrary notwithftanding.

THOMAS STEPHENS, Speaker of the Houfe of Rcprefcntativcs*

BENJAMIN TALIAFERRO, Prefident of the Senate,

Concurred February 11, 1796.

JARED IRWIN, Governor.

An a&to ejlablijh a tobacco infpeBion in the town of Peterfburgh^ one on thcfouth fiat

of Broad River at the mouth thereof; and one other on the lands ofEzekiel Harris

above, Aitgujla.

.

..

1. E IT ENACTED by the Senate and Houfe of Reprefentatives of the [late of Geor

jtnapecYion es tablished in

gia in General AJfembly met, That it lhall and m'ayfbe lawful'forJ<fnfc infpelion

Petersburg!!. of tobacco to be eftablifhed in the town pf Peterfburgh, in the county of Elbert, on

lots thirty-five and thirty-feven, the property of William Watkins; and that the faid

And vested in! William Wat-

warehoufe with all the benefits and emoluments be,

and

is

hereby

vefted in him

the

kins.

faid William Watkins, his heirs and affigns.

Another on the ,'south side of Broad River, vested i:i Tho-

be

2. And be it, eftablifhed

enafted on the

by the fouth

authority fide* of

aforefaid, That one Broad River, at the

other tobacco infpeQion fhal! mouth thereof, on the lands

2nas Waiton. of Thomas Waiton, junr. and that the right of the faid warehoufe be, and is here

by vefted in the faid Thomas Waiton, jun. his heirs and affigns.

And another on 3. And be it enabled, That another warehoufe be and is hereby eftablifhed on the

the lands of i'zekiel Harris,

plantation

of

Ezekiel

Harris in

the county

of

Richmond;

and

that

the right of

the

vested in said Harris,

laid warehoufe be and is hereby vefted in the faid

Ezekiel Harris,

his

heirs

and

af

figns.

'* .

' '

Subjeft to the laws.

4. And be it further enaBed, That the aforefaid tobacco infpeftions fhall be regu

lated and governed by the fame laws that now are or may hereafter be made for the

government of the feveral tobacco infpeftipns within this ftate, and the proprietors

thereof fhall be allowed to receive the fame ftorage as is direcl by law to be received

at other tobacco infpeflions.

DAVID MERI WETHER, Speaker of the Houfe of Refrefentatiyes,

DAVID EM AND EL, President of the Senate,

Concurred February 11, 1797.

JARED IRWIN, Governor. ,

.

'.',..'

TOBACCO WAREHOUSES.

557.

An aft to eJlaUi/h an infpeBion of tobacco at the White Bluff on the Oconee River^ in the county of Wafhingion.

i. T> E IT ENACTED by the Senate and Houfe of Representatives of the Jlate ofjnsfelUones.

JLJ Georgia in General AJfembly met, and by the authority of the fame, That it ww'teau""a

ihall and may be lawful for an infpeetion of tobacco to be opened at the White Bluff'iuve0rtonee

on the Oconee River, in the county of Waftiington, on the land of Thompfon Law-^^^

{'on; which faid infpection {hall be regulated by the exifting laws now of force, or that ^TMPS"

may hereafter be made for the infpeclion of tobacco.

2. And be it further enabled? That the right of the faid warehoufe is hereby Veftedmspeaowap.

in Thompfon Lawfon, his hejrs and affigns, who {hall be entitled to receive the fame?0'1""1'

ftorage as other infpeftors, and that James Jones and Jeffe Armftrong be the in-

fpeclors thereof.

,

'

DAVID MERIWETHER, Speaker of the Houfe of Refrefentaiives,

DAVID EMANUEL, President of the Senate,

Concurred February 11, 1797.

JARED IRWINj Governor.

An act to eJlabliJJi tobacco infpections at the feveral places herein after mentioned., and

''Is*. for improving the navigation of Broad River and Oconee River,
S|i.

i. T> E IT ENACTED by the Senate and Houfe of Reprejentatives of theflate o/E^m'S m,,.

Jl3 Georgia in General AJJembly met, That there mall be a tobacco infpeclion ef_^;ilceiMbhsl".

tablilhed on the land of Reuben Eaften, efq. on Broad River, at Davis' Ford, to

be known by-the name of Eaften's Warehoufe; and that one other tobacco infpection K^SS-

be eftablifhed on the land of James Hughes, on Savannah River, near BarkefdaleV1'

Ferry, to be known by the name of Hughes' Warehoufe; one other tobacco in- Darienware-

fpeftion to be eftablilhed at the mouth of the Alatamaha on the land of John M'ln-ed1"""""1 141'

tofh, to be known by the name of Darien Warehoufe; and that one other tobacco JjJ|h?Jjf

infpeftion be eftabliihed at the Long Bluff' on the Oconee River, in the county of UWi5i>e(!'

Wafhington, to be called the Long Bluff' Warehoufe; all of which ftiall be fubject

to fuch rules and regulations as other warehoufes eftablifhed by law.

And whereas, the increafing value of the lands in Savannah renders it impoffible

for any perfon or company to erect a warehoufe for the purpofe of ftoring and in-

Jpecting tobacco at the prefent rates of ftorage;

2. Be it therefore enacted^ That the rates of ftorage at the warehoufe erected or to rift eentsst0i

be erected in the faid city, be fifty cents per hogfhead.

S1e. tnBsvatt:

And whereas*, it is reprefented to the prefent General Aflembly, that many of the

citizens of Elbert, Oglethorpe9 Wilkes, Jackfon, and Franklin, are improperly

and unjuftly reftrained from partaking of the advantages and benefits which nature

has ordained and granted them, by a number of perfons, whofe intereft it has be

come to obftruft and hinder the paffage of fifh up the Broad River, by {topping the (

current and ftream ; being in divers places by fim dams and traps, fo as really to be

come a monopoly to individuals} and detrimental to the inhabitants bordering on the

laid river,

3

TOBACCO WAREHOUSES.,

^rt^chaJinei' 8" -B e ^ therefore.enacted ly the authority aforefaid, That all and every perfon or

tobekaedpfo7en perfons fhall be obliged and compelled to leave at lea ft one fourth pan of the main

o/fisiiiCiSef channel of the {'aid Broad River, clear of all and every encumbrance whatever, except

K'reddolhfrs its natural obftruftions, under the penalty of one hundred dollars for every day. any foobrsteraucdhcdda. y so mr en, arti.f,, icia.l..imped,i.ments now i n th, e me'a. ning orr tht is acnt remains unremoved, , thi ree

fourths thereof to any perfon or perfons, who fhall inform, profecuteand convift the

offender ; the other fourth to the life of the fund for opening and improving the navi-

riovho. gation of the faid river : Provided, That no penalty impofed by this aft, fhall take

place prior to the twenty-fifth day of February next.

Themiddis 4- And be it further enabled, That all that part of Broad River commonly called

ccYcman'S the Middle River, running between Coleman's and Anthony's mill dams, fhall before

anifS' Riv and after its junction with either of the rivers on which the faid mill dams are ereQed,

o^cn, kcpt be and is hereby declared to be a free paffage for fifh up the faid river, and to be clear

of all and every obftruHon whatever, to the final junction of all its parts with the

main river aforefaid, and to the mouth thereof.

And whereas, divers perfons inhabitants of the counties aforefaid, have already

fubfcribed confiderable fums for the purpofe of opening Broad River, from the fork

thereof to Peterfburgh, and others will it is expected willingly fubfcribeto Jo valua

ble an object.

5. Be it therefore enacted, That on the firft day of May next, the fubfcribers that

Mribtngtoopen then may be, are hereby authorized to meet, and from their-own body choofe or elet

Broad River,
&ai'S.

" ve

/'
perfons to

act

as

co/mmm. ioners

and

age'nts

to

contract

wi.th.-any> pe,r.fon or per

fons, and at their difcretion fuperintend the carrying the work of opening the faid.

river out of the funds that then may be in hand, and annually to renew the colleo

Their powets tions as they may judge, advifable; and the faid fuperintendents or agents, fhall keep

l''y regular and diflinct accounts of all monies expended by them in carrying on the faid

work, which fhall be fabmitted to the general and annual meeting of the fubfcribers

to the fund ; Provided, That nothing herein contained fhall in any manner author

ize they the faid fuperintendents or agents for clearing and improving the navigation of

the river aforefaid, to injure, impair or difturb either of the mills or dams belonging

Proviso. to ^ie k'd Coleman and Anthony : And provided, That the faid dams fhall not extend

into the faid river farther than theiflands to which lueh dams are refpectively joined,

rcmity fonci.. 6, And be it further enacled, That in cafe any perfon or perfons fhall fell any

InwBrStfc- trees, erect dams, or in any other manner injure or prejudice the navigation of the faid

er when open- rjver w jjen opened pr improved, any fuch perfon fo offending fhall forfeit and pay the

fum of one hundred dollars for every day fuch obllructions fhall remain unremovedj

HOW recovered three fourths thereof to the ufeof any perfon or perfons informing and profecuting

an<i pi>ifc<i. to eonv iction the offender, the other part to the life of the fund for opening the na

vigation aforefaidj to be recovered in any court having cognizance thereof.

one font* part j. A nd be it further enaMcd, That from and after the paffing of this act, it fliall

R"f!vere,and'the.vv

no t t jie

be lawful for any perfon Qconce River, from the

or perfons to ftop or keep flopped the main flukes of Rock Landing up to the fork of the Appalachee and

Oconee Rivers, nor up the faid river Oconee to the confluence of the two braiTches

*<Ui thereof, called the north and middle forks, up the main river to the mulberry fork-,

and up the north fork to the cedar fhoals, and up the laid river Appalachee to the

umiCTpcmuy high fhoals ; but, the fame is hereby declared to be at leaft one fourth part thereof, in'.

Siiup"r1ay! eluding the main channel, a free paflage up the faid rivers for fifh; nor- mall any per-,

fon or perfons, uader the penalty of one hundred dollars per -day, .flop or'caufe t<j

" TOBACCO WAREHOUSES.

559

be

flopped

more

tnan

three fourths

of

any

part

or

parts

of

the rivers

aforefaid,

by

fifli

Movv recovered and applied.

dams or other obftructions whatever,

to be recovered

in any

court of

record

having

Inferior courts to appoint conV'

cognizance thereof;

and

that the judges of

the inferior court of

each county

be au

missioned to keep open sai&

thorized to appoint commiffioners to keep open the faid rivers, any law to the contra )iVft

ry notwithstanding.

DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.

ROBERT WALTONj Prejident of the Senate.

AfTented to February 15, 1799.

JAMES JACKSON, Governor.

An actfor ejlabli/lring a warehoufe on the land of Claiborn Webb, on Broad River, and one other warehoufe on the land of John Willhight, in the county of Elbert,

i.

E IT ENACTED by. the Senate and Houfe of Reprefentatives of the flate o b*s wa/ftGeorgia in General Affembly met, and by the authority of the fame, That there e establuHs

fhall be a tobacco infpection eftablifhed on the land of Glaiborn Webb, on Broad Ri

ver, which fhall be known by the name of Webb's Warehoufe.

2.

And that one other tobacco infpection fhall beeftabliihed on the

land of

John hint's ware h< i

Willhight, in the fork of Broad River, in the county of Elbert, to be known by

the name of Willhight's Warehoufe ; which warehoufes fhall be fubject to fuch rules

and regulations as other warehoufes in this ftate now are or hereafter may be.

DAVID MERIWETHER, Speaker of the Houfe of Refrefentatives.

DAVID EMANUEL, Prefident of the Senate.

Affented to November 30, 1799.

JAMES JACKSON, Governor.

An act to ejlablifli a tobacco infpection in the county of Oglethorpe, on lands of John Griffith.
E IT ENACTED by the Senate and Houfe of Reprefentativ.es of'.the flate of ^ Georgia in General AJJ'embly met., and'!>y the authority of the fame, That there fhall be a tobacco infpeftion eftablifhed on the land of John Griffith, on Broad River, to be known by the name of Griffith's Warehoufe; which faid warehoufe or tobacco infpeftion fhall be fubjecl; to fuch rules and regulations as other tobacco in-? fpeQions, eftablifhed by law in this ftate.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativcj. DAVID EMANUEL, Prejident of the-Stnaie. A'ffented to December 5th, 1800. JAMES JACKSON, Gwernor,

UNIVERSITY, COLLEGE ANO'"ACADMY.
By the reprefentatives of the freemen of the Jl:die of Georgia in General Affembty and by the authority of the Jams,
An actfor the morefull and complete ejlablijfimcnl of a public feat of learning in thisflatt*
fttsmwe, A Sit is the diflinguifhing happinefs of free governments that civil order fhould .iA. be the refult of choice and not neceffity, and the common wifhes of the people become the laws of the larid, their public profperity and even exiftence very much depends upon fuitably forming the minds and morals of their citizens* When the minds of the people in general are vicioufly difpofed arid unprincipled* and their conduct diforderly, a free government will be attended with greater confufions and 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 pufiifhments, and can. be claimed only by religion and education. It'mould therefore be among the firft objects of thofe who wifh well to the national profperity, to encou rage and fupport'the principles of religion andmorality^ and early to place the youth under the forming hand of fociety^ that by inftruction they may be moulded,to the love of virtue and good order. Sending them abroad to other countries for their edu cation will not anfwer thefe purpofes, is too humiliating an acknowledgment of the ignorance or inferiority of our own, and will always be the eaufe of fo great fctreign
; attachments, that upon principles of policy it is inadmiffible, This country, in the times of Our common danger and diftrefs, found fecurity in
the principles and abilities which wife regulations had before eftablifhed in the minds of our countrymen ; that our prefent happinefs, joined to the pleafing profpecls, fhould corifpire to make us feel ourfelves under the ftrongeft obligation to form the youth, the rifing hope of our Iand 5 to render the like glorious and effential fervices to out country,
And whereas, for the great purpofe of internal education, divers allotments of land have at different times been made, particularly at their feflions in July, one thoufand feven hundred and eighty-three, "and ' Febi'ua'ry, due thoufand feven hundred and eighty-four, all of which may be' comprehended and made the bafis of one general and complete eftablifhment: Therefore, the reprefentatives of the freemen of theflate of Georgia in General Affembly met, this twenty-jeve-nth day of January, in the yeaf of our Lord one thoufand feven hundred and eighty-five, enact, ordain and declare^ and ly thefe prefents it is enacted, ordained and declared^?or"definA" ,"*>' The general fuperintendence and regulation of the literature of this ftate, and in particular of the public feat of learningj fhall be committed and intfufted to the governor and council, the fpeaker of the Houfe of Affembly, and the chief juftice of the ftate, for the time being, who fhall ex-officio compofe one board, denominated supetfnS^g " The Board of Vifitors,"* hereby vefted with all the powers of vifrtation, ''to fee ?Z",&"me 'that the intent of this inftitution is carried into effeQ; and John Houftoun,.. James tetomXea Hab'erfham, William Few, Jbleph Clay, Abraham Baldwin, William Houftoun,,. NathanBrownfon, John Habermam, Abie! Holmes, Jenkin Davies, Hugh Lawfon, jwth hoards William Glafcock, and Benjamin Taliaferro, efqrs. who fhall compofe another M-Th0ehsen7-1" board, denominated "The Board of Trufteesi" Thefe two boards united, or a tmAcademi- maj orjty of each of them, fhall compofe the " Senatus Academicus of the Univer* fity of Georgia,"
* Board of vifitors defined by -a& o.f >8oo, feU 3.

UNIVERSITY, COLLEGE AND ACADEMY.

561

.9.. Allftatutes, laws, and ordinances, for the government of the univerfity, fliall be made and enaQed by the boards united, or a majority of each of them, fubjeB

Tsbte"-.

always to be laid before the General Aflembly, as often as required, and to be re- P

pealed or difallowed, as the General Aflembly fliall think proper. .

3. Property veiled in the univcrfity fliall never be fold without the joint concur- f ^;,p f

reuce of the two boards, and by an al of the legiflature, but the leafing, farming, ^ ^;^

and managing of the property of the univerfity for its conflant fupport, fhall be the ^j^

bufmefs of the board of truftees ; for this purpofe they are hereby conftituted a body T^^f

corporate, and politic, by the name of " The Truftees of the Univerfity of Georgia," >wstcd-

by which they fliall have perpetual fucceffion, and fhall and may be a perfon in law,

capable to plead, and be impleaded, defend, and be defended, anfwer, and be an-

iwered- unto, alfo to have, take, poflefs, acquire, purchafe, or otherwife, receive

laiads, tenements, hereditaments, goods, chattels or other eftates, and the fame to

Jeafe, ufe, manage, or improve, for the good and benefit of faid univerfity, and all

property given or granted to or by the government of this ftate for the advancement

or learning in general, is hereby veiled in fuch truftees, in trail as herein defcribed.

4. As the appointment of a perfon to be the prefident and head of the univerfity freMmt of

ss one of the firft and moil important concerns, on its refpecl; and ufefulnefs greatly S^1^

depend, the board of truftees fhall firft examine and nominate, but the appointment b]pi two

of the prefident fliall be-by the two boards jointly, who {hall alfo have the power ofC^Hu

removing him from office for mfdemeanor, unfaithfulnefs, or incapacity. $

>TO"m-

5. There fhall be a ftated annual meeting of the Senatus Academicus at the uni- scratusto

vcrfity, or at any other place or time to be appointed by themfelves, at which the "nuaiiy.mct

governor of the ftate or in his abfence, the prefident of the council fliall prefide, their Rnr,,, fob

records to be kept by the fecretary of the univerfity.

seeSydr

6. As the affairs and bufmefs of the univerfity may make more frequent meetings B<ani, iu.-

of .the truftees neceffary, the prefident and two of the members are empowered to ti^Kim."

sippoint a meeting of the board, notice always 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 fliall be a legal meeting. In cafe*of the death, ab

fence, or incapacity of the preiiderit the fenior truftee fliall prefide ; the majority of

the members prefent fhall be confidered a vote of the whole, and where the mem

bers _ are divided the prefident fliall have a cafting vote; Provided always,, That rfavli*:

nothing done at tliefe fpecial meetings, fliall have any force or efficacy after the rifing

of the then next annual meeting of the truftees.

7. The truftees fhall have the power of filling up all vacancies of their own board, J^nc"^nr>]

an,d appointing profeffors, ficers which they may think

tutors, fecretary, treafurers, Itewards, neceffary, and the fame to discontinue

or any other ofor remove, as they

|Sff"i""edCKs:p".y

may think fit; but not without feven of their number, at leafl, concurring in fuch

acl.

-



8. The truftees fliall prefcribe the courfe of public ftudies, appoint the falaries 6f

the different officers, form, and ufe a public feal, adjuft and determine the expen-

ces, and adopt fuch regulations, not otherwife provided for, which the good of the univerfity may render neceffary.

9. j^ll officers appointed to the jnftruQion and government of the univerfity fliall

be of thechriftian religion ; and within three months after they enter upon the exe-

cution of their truft, fhail publicly take the oath of allegiance and fidelity, and the

oaths of office prefcribed in the ftatutes 4oBf the uniyerfity; the p.r-efi.cl-ent.. -before the

562

UNIVERSITY, COLLEGE AND ACADEMY.

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

univerfity.

cyvefesin- 1O- The .prefident, profe/Tors, tutors, {Indents,- and all officers and fervants of

emt'fromemi- tne univerfity whole office require their conftant attendance, fhall be, and they are

iitisduty. hereby excufed from military duty, and from all other fuch like duties and Iervices,

Lands exempt and all.lands and other property of the univerfity is hereby exempted from taxation.

Rciigio^sen- 11. The truftees fhall not exclude any perfon of any religious denomination what-

MJSqu.uifica- foever, from free and equal liberty and advantages of education, or from any of the

liberties, privileges and immunities of the univerfity in his education, on account of his,

her or their fpeculative fentiments in religion, or being of a different religious profef-

fion. . .

.

^sjden^ofthe 12 . The prefident of the univerfity, with the confen* of the truftees, fhall have

Svihavp'pW- Power to give and confer all honors, degrees and licerifes, as are ufually conferred in

horwr"!". colleges or univerfities, and fhall always prefide at the meeting of the truftees, and at

all the public exercifes of the univerfity.

s<TMtmAca<io 13. The Senatus Academicus at'their ftated annual meetings {hall confuk and ad-

excrdistthcir0 vife, notonlyupon the affairs of the univerfity, but alfo to remedy the defects, and

t'-rei'S"" advance the interefts of literature through the ftate in general. For this purpofe it

st-:te- fhall be the bufinefs of the members, previous to their meeting, to obtain an acquaint

ance with the ftate, and regulations of the fchools and places of education in their

refpeftive counties, that they may be thus poffeffed of the whole, and have it lie be

fore them for mutual affiftance and deliberation. Upon this information they fhail

recommend what kind of fchools and academies {hall be initituted, agreeably to the

conftitution, in the feveral parts of the ftate, and prefcribe what branches of in-

ftruction fhall be taught and inculcated in each. They ihall alfo examine, and re

commend the inftructors to be employed in them, or appoint perfons for that pur

pofe. The prefident of the univerfity as often as the duties of his ftation will permit,

and fome of the members, at' leaft once in a year, fhall vifit them, and examine into

their order and performances.

MI public 14- All public fchools, inftituted or to be fupported by funds or public monies, in

considered a" this ftate, fhall be confidered as parts or members of the univerfity, and fhall.be under

versu'y theum" the foregoing directions and regulations.

tore- 15., Whatfoever public meafures are neceffary to be adopted for accomplifhing omment ne- thefe great and important defigns, the truftees fhall from time to time reprefent and

lay before the General Affembly.

.

AH laws.con- 16. All laws and ordinances heretofore pafTccl in any wife contrary to the true in

tr,try to this atU repealed.

tent and meaning of the premifes, are hereby repealed, and declared to be null and

void.

17. In full teftimony and confirmation of this charter, ordinance and conftitu

tion, and all the articles therein contained, The representatives of the freemen of the

ftate of Georgia in General AJJembly, hereby order, That this act fhall be figned .by.

the honorable Jofeph Haberfham, efqr. fpeaker of the Houfe of Affembly, and

fealed with the public feal of this (late, and the fame, or the enrolment thereof in the

records of this ftate, fhall be good and effectual in law, to have and to hold the

powers, privileges, and immunities, and all and fmgular the premifes herein given,

or which are meant, mentioned or intended to be hereby given, to the faid board of

vifilors and truftees, arid to their fucceffors in oflice for ever.

JOSEPH HABERSHAMp Sfeaker,

Savannah, January 27, 1785.

UNIVERSITY, COLLEGE AND ACADEMY.

563

An att io repeal an ordinance pa.fjed at Augiifla ike twenty-fixth day of January , one. tlioufand fsven hundred and eighty-fix, Jo far as refpe.ttt, fixing the feat of the univer/ity of thisjlate, and " An act for the more fnil and complete (.Jlablijhment of a, public feat of learning in this flate, fo far as refpetts the appointment of truJlsK^^" fefjcd at Savannah the twenty-fevenlh day of January, one ilioufand feven hundred
' and eighty-five ; and to appoint a board of trujtees, and to define the board of -vifdors, and to fix a permanent feat for the faid univcrjity,

i. "flT THERE AS the aforefaid recited afts have not been carried into cffefl, and fK!imVk<

Y ^ many of the original board have died. and removed, fo that doubts have

aiifen whether there is in exiftence a legal board: for remedy whereof, Be it enabled

by the Senate and Iloufe of Reprefentatives of the /late of Georgia, in General Affembly

viet) and by the authority of tht fame, That the permanent feat of the univcdity (hall SMtormc

be in the county of jackfon, Franklin 5 Hancock, Greenc, Oglethorpe, Wilkes, ""il'ers"r-

or Warren.

.

.

. .

2. And be it further enacted^ That Abraham Baldwin, Hugh Lawfon, Benjamin ^;Io;5TMlsci)

Taliaferro, Jofepli Clay, jun. James Jackfon, John Twiggs, John Clarke (of Wilkes)

the rev. Robert M. Cunninghain, John Mi I ledge, Jofiah Tatnaii, jun. Ferdinand

O'Neal, John Stewart and James M'Neil, fhall compofe the board of truftees, whole

duty it fhall be to carry this inftitution completely into efFeft.

3. And; be it further enacted, That the governor, the judges of the fuperior courts, n0ai-a of vi-

the prcfident of the Senate, the fpeaker of the Hoafe of Reprcfentatives, and t he (lt'"'sde'1"e<l

fenators from the different counties (except the counties in which the governor, the

judges, the prei'ident of the Senate and fpeaker of the Houfe of Reprefentatives for

the time being (hall relide) who fhall form a board of vifitors, whole duty it fliall be riwir power.

to iliperintend and regulate the literature of this ftate, and in particular of the public

feat of learning.

4. And b.e it further enattcd^ That it fliall be the duty of the board of truftces 'to B^nioftn*

call on all perfons who may be in pofieflion, or who have been in poffeffion of any catfonp'*TM^

funds,, papers or books belonging to the faid unive'rfity in any manner whatever,' to JS^nK0/

ruake iettlements with and deliver over faid property, into the hands of diem, 1 or a Jl-donl) '"'""'

comrnkt.ee appointed for -that purpqfe; and in cafe of failure, to commence fuit.s Andvc,(cii

lor the fame; and that they the faid truflees be and they are hereby veiled with all j;r:t !|^r>i'ov

the powers given by the charter pafled the iwcnty-fevenlh day of January, one tUcUiU "

thoufand feven hundred and eighty-five.

5. And be it further cna&ed, That fo much of the before recited afts as militate

again ft this aft, be and the fame is hereby repealed.

DAY] D MERI WETHER, Speaker of the Houfe of Reprefentalhcs.

DAVID EMANUEL, President of the Senate.

Affented to December 5, 1800.

JAMES JACKSON, Governor. .



564

UNIVERSITY, COLLEGE AND ACADEMY.

An aft to eJtaWiJli an academy in the county of Chatham, and for "oejling certain pro. perty in Selina, countefs dowager of Huntingdon.

ill and ad Sections of this aft refpefts the property of the rev. Bartholomew Zuberbuhler--repealed by. aft of December the 8tb, 1791.
3. And whereas there is in this ftate 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 rev. George Whitefield. for literary and benevolent purpofes, to Selina, countefs of Huntingdon: T^ orphan. Be it enacted by the authority afore/aid. That the faid eftate be veftecl in the faid Selif,SSnn^e na, countefs of Huntingdon, any law to the contrary notwithftanding. 1-umtingdon. ^th and gth Seftions relates to Zuberbuhler's eftate. See note upon ift and ad feet,
6. And whereas there may be in -the faid county of Chatham lands unlocated and AH vacant tana not granted: Be it further enaBed, That all fuch vacant lands -not contained within tue'Sc of the any traft for which a grant has been obtained, be referved for the ufe of the faid acairi?Hoy' demy or feminary of learning: Provided, That the quantity of vacant land thus jo'oo "acres, referved (hall not exceed five thoufand acres. GT.C thousand '1 -And ^e ^ enacted by the authority aforefaid, That one thoufand pounds fpecie St'mSSS of confifcated property lying in the county of Chatham, be put into the hands of ^Siheb the faid truftees by the fheriff of the faid county, or fuch other officer as may be in !;';;'. lhc the lawful poffeffion of fuch property, or legally entitled to fuch pofleffion.
8. And be it enabled by the authority aforefaid, That the following perfons be and they are hereby appointed truftees for the faid academy, viz. John Houfloun, John Haberfham, William Gibbons, fen. William Stevens, Richard Wyly, James Houftoun, Samuel Elbert, Seth John Cuthbert, and Jofeph Clay, jun. efqrs.
g. And be it further enaSed by the authority aforefaid^ That if either of the truftees before nominated fhould refufe to accept fuch appointment, or if after his acceptance he mould refign or die, his place (hall be fupplied in the following manner, to wit: the remaining truftees, or a majority of them, (hall nominate three perfons, one of whom fhall be appointed by the executive to fupply the vacancy.
10. And be it further enaBed by the authority aforefaid, That all afts appropriating a {'urns or allotments for faid academy, be and the fame are hereby repealed.
NATHAN BROWNSO.N, Sfeaker. Augufta, February i, 1788.

An acl to quiet the heirs and reprefentatives of the late rev. Bartholomew Zuberbuhler in and to ascertain ejlate^ lying and being i.n the counties of Chatham and Glynn.
i. "\7I7HEREAS the aforefaid Bartholomew Zuberbuhler, in and by his laft will V V. and teftament, made certain difpofitions of his eftate for benevolent pur
pofes, which were declared by the legHlature of the ftate of Georgia to be impracti cable, and could not be carried into execution in and by an aft, entitled " An aft to eftablilh an academy in the county of Chatham, and for veiling certain property in Selina, countefs dowager of Huntingdon," paffed at Augufta the firft day of Febru ary, one thoufand feven hundred and eighty-eight; and it further appearing by the

UNIVERSITY, COLLEGE AND ACADEMY.

- . 5.65

fold ac> ? that tlie rights of any perfon legally the heirs of the faid Bartholomew Zuberbuhler Ihould not be barred from their claims : And whereas the legislature, by their aft palled at Augufta on the third day of February, one thoufand fcven hun dred and ninety-nine, did declare, that Bartholomew and Jacob. Waldburger, being then in poffeffion of the faid eftate, fhould keep the fame, fubjeft to an aftion of ejectment or claim of the faid truftee.s s that, the right of the heirs and applicants to the fame might be determined :
Be it therefore enacted, That the real eftate of the faid Bartholomew Zuberbuhler, The e5tat(. ^ and of which he died poffeffed, or was entitled to in the then province, -now {late of ^H^ Georgia, (hall go to and be veiled in' the1 faid Bartholomew Waldburger, as eldeil fon ^Shed,vc"tr and heir of his father, Jacob Waldburger, who was the nephew of the faid Bartho- ^SwMbL lomew Zuberbuhler, to hold to him the faid Bartholomew Waldburger, his heirs and Kcr>dccS6K<1 ' affigns forever. And as to the perfonal eftate of the faid Bartholomew Zuberbuhler, it (hall go to and be equally divided amongft the faid Bartholomew Waldburger, Ja cob 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 forever, any law to the contrary notwithstanding; fubjeft. neverthelefs to the payment of law ful and juft debts due and owing from the eftate of the faid Bartholomew Zuberbuh ler} and fuch eftate to be aflets in the hands of the faid Bartholomew and Jacob Waldburger, and fubjeft alfoto an annuity of one hundred pounds for four years,^^?10 payable to the truftees of the academy of the county of Chatham, to be applied for pounlis'Sftfw by them and their fucceffors 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 laid Bartholomew and Jacob Waldburger, in any of the courts of law within this
'
2. And be it further enacled^ That all claims of the faid truftees of Chatham coun- oFuftrutheetr claims ty in and to the faid eftate of the faid Bartholomew Zuberbuhler (except as to the annuity herein direfted to be paid) fh all be and is hereby barred.
WILLIAM GIBBONS, Speaker ofthe Houfc of Representatives. NATHAN BROWNSON, 'Prefi'dent of the Senate. EDWARD TELFAIR, Governor. December 8, 1791.

An act to explain an aci^ entitled ''An act to eJlaUi/h an academy in the. county of Chat ham, and for vejlmg certain property in Selina, countefs dowager of Huntingdon.
i. \"\ 7HEREAS there is in this ftate a confiderable property, real and perfonal, p V V known and diftinguifhed by the appellation of Bethefda College or Or-
phan-Houfe eftate, originally intended for an academy, and devifed in truft by the late rev. George Whitefield for literary and benevolent purpofes, to Selina, countefs dowager of Huntingdon, and the fame was, in and by an at, entitled " An aft to eftablifh an academy in the county of Chatham, and for veiling certain property in Seli na, countefs dowager of Huntingdon," veiled in her accordingly: And whereas, the faid Selina, countefs dowager of Huntingdon, was a Britifh fubjeft, and is, fmce the paffing of the faid aft, departed this life, whereby the faid truft is concluded, and the

UNIVERSITY, COLLEGE AND ACADEMY.

heirs of the faid Selina being likewife Britifh fubjects andnon-refidcnts, are incapable

of receiving or executing die fame, and it therefore becomes neceffary for the legifla-

ture to explain .their intention reflecting the premifes, as well to effccl the end for

o-.puin-i.nnw which the fame was devifed, as to remove all doubts, in and concerning the fame: Be

{\K*mwtlTMt it enacted by the Senate, and Houfe of Reprefentatives of the Jlafe of Georgia in General

ip|c-^|iher AJJembly met, That the true intent and meaning of the faid act was, and the fame fhall

*C be conftrued to have been a vetting of the faid Bethefda College or Orphan-Houfe :

eftate in the faid Selina, in truft for benevolent and literary purpofes, only during her

natural life, and no longer,

The property of 2. And be it further enatted, That the faid property both real and perfonal called

. telunuStc^r Bethefda College, or Orphan-Houfe eftate, as aforefaid, fhall from and after the paf-

cv'""' ur~
TJicir powers
menthofe"hr

{ing of this act, be under the infpeclion of thirteen truftees, a majority of whom fhall

ave

P ower

to

employ

fuch

profeffors

and

tutors,

and to

<*
eftabhfh

J

/

fuch rules

and

regu-

^''.""^"'-lations for admiffion into and the governance of the faid college, and to employ fuch

da-"

overfeers and managers for the working the faid eftate to advantage, and to do all

other, and further acts and things in and concerning the fame as they may think tie-

c'effary and beneficial for carrying the original intention of the aforefaid inftitution

into, full effect, to hold the fame, and the powers hereby veiled to the faid truftees

and their fucceffors in office for ever.

incorporated. g. And be it further enabled. That the truftees hereby appointed, .fhall be and

they are hereby declared a body corporate, and as fuch fhall be authorized to ufe a

Pnmsos common leal, and fhall be liable to fue and be fued. Provided^ That no action fhall

be brought againft the faid truftees for the term of two years after the paffing of this

; aft.

Tn.st.eos norm- 4. And be it further enaBed^ That George Houftoun, William Stevens, William-

Gibbons, fen. jofeph Haberfham, Jofeph Clay, junr. William Gibbons, junr.

John Morcll, Jofiah Tatnall, junr. John Milledge, James. Whitefield, junr. George

Jones, Jacob Waldburger, and James Jackfon fhall be, and they are hereby ap

pointed truftees for the purpofes hereby intended; and in cafe of vacancy either by,

death, refignation or other means, the faid truftees or a majority of them, iliall bal

lot for three perfons, out of whom his excellency the governor fhall felefl. one to fill

the fame.

"h-.ii account 5' -^ n ^ be ^ further cna^ed, That the faid truftees, or a majority of them*, fhal!

f-"governor, once in every year well, truly and faithfully account for, and have their accounts, receipts, and expenditures, in and concerning the premifes, audited, and the fame with

a copy of their proceedings, laid before the governor for public information.

WILLIAM GIBBONS, Speaker ofthe Houje of Reprefenlativcs*

NATHAN BROWNSON, Prefidenlofthe Senate* .

EDWARD TELFAIR, Governor.

December 20, 1791.

.

UNIVERSITY, COLLEGE AND ACADEMY.

567

An act for eflabliffiing an academy or feminary of learning at Sunbury in the county of Liberty.

TIEREAS thelegiflature in compliance with the conftiunion, and From the p"iambic. great advantages that neceflarily refult from the eftabliflitnent of public
feminaries, did-by their refolve of the fourteenth of February, o.ne thoufand fevcn .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 commiffiotiers therein named, to fell and difpofeof the fame for the faid purpofe, who have hitherto declined acling under thejaid appointments. Be it there- Commiss.oni.re
fort enacted by thefr* thorily of the fame, Doufe, and Peter \ bury academy, with full power and authority for them, or a majority of them to fell TMm"amii<mc and difpofe of any confifcated property within the county of Liberty, at public fale, ""'1" "ts fir ft giving thirty days' notice in one of the gazettes of this ftate, to the amount ot one thoufand pound's as aforefaid, which {hall remain in their hands, to be appropriatedi-to the building a fuitable houfe for the faid academy.
2. And be it further enabled, That each of the faid commiffioners fhall previous s to their atting, give bond to his honor the governor for the time being, in the fum' of one thoufand pounds, for the faithful difcharge of faid truft, and for their re turning into the public treafury of this ftate, any monies arifing from the faid falc of confifcated property which may remain in their hands over and above the fum by this a61 veiled in them.
NATHAN BROWNSON, 'Speaker. Atigufta, February i, 1788.

An actfor erecting and eftablifliing an academy in the town of Louifaille, andfor other furpofes therein 'mentioned.
W HEREAS it is of the greateft utility and importance in all well regulated gov- Prwffil"=ernments, to encourage and promote the education of youth, and the promo tion and advancement of ufefu'l learning. And whereas there is not at this time any academy eftablifhed for the purpofes aforefaid in the faid town.
1. Be it therefore, enacted by the Senate and Houfe of Reprefentatives of the /late <^^SJSfmV3 Georgia in General AJfembly met, and by the authority of the fame, That the rev. i!1ou'i"iiTMy cf David Both well, John Shellman, James Meriwether, John Cobbs, and Jofiah Sterrett, be, and they are hereby appointed commiffioners for carrying into effecl: the intention of this aft, as is hereafter pointed out.
2. And be it further enacted by the-authority aforefaid, That the faid commiffioners Empowered w of Louifville be and they are hereby directed, to lay out forty acres of the land re_ 5el1 cerWm IoS4> ferved for the faid academy, and belonging to the faid town of Louifville, into four acre lots, and alfo one acre lot for erecting the faid academy on, and deliver a plan thereof to the commiffioners or truftees of the {aid academy, who are hereby autho rized and empowered to fell the faid four acre lots to the higheft bidderj and ihall con-

568

VAGABONDS,

vey the fame to the purchafer or purchafers in a full and ample manner, exprefimg in the deed or conveyance the intention of the fale of fuch lots. Anatapurcime 3- Andwliereas, other counties of the laid Itate have been empowered by preceding pmmds wmth legiflatures to purchafe confifcated property to the amount of one thoufand pounds, propettiys.cated for the purpofe of erecting academies: Be it therefore,further enacted by the authority aforefaid. That the faid commiffioners or truftees of the faid academy be and are hereby authorized in like manner, to purchafe fuch confifcated property at the firft fale or fales that may take place, to the amount of one thoufand pounds, and apply the fame as heretofore directed. Vowerdt"e?ca 4* ^ n^ ^e ^ furkher enabled by the authority aforefaid, That the faid eommiffioners ^academy, or truftees of the faid academy be, and they are hereby authorized and empowered, as foon as they (hall be enabled by the fund arifing from the fale of the aforementioned four acre lots and confifcated property, to erect on the faid one acre lot that fhall be laid out on the moft eligible place and convenient fituation for that purpofe, a building commodious and proper to anfwer the intention of this act, as an academy aforefaid, and to enter into fuch contracts for erecting the fame, as may be thought moft advan^ tageous for the faid fund by a majority of the faid eommiffioners, and further to pro cure and agree with proper mafters and profeffors for the teaching, inftruQing and ruling the fame, and to inftitute fuch bye-laws for the increafing the faid fund and better governing the faid academy, as to the laid commiflioners may appear belt adap ted for the purpofes aforefaid. shaammt K. And be it further enacted by the authority aforefaid* That the faid eommiffioners athn.nguoavlleyrwnoitrh, or truintees in hanll, yearliy andi every year, rendier a l ulrl\ andi true account orr thi e trunai otr dainsdpllaiacbelde. to be;t.ne lrai.d, acadiemy to thi e governor tror thi e time ibei ng, or h, is iruccelrreors j n otrhrce, fror ex amination, and if found guilty of mal-praClice, fuch offending commiflioners fhali be difplaced, and others appointed for that purpofe in his or their room.
THOMAS STEVENS, Speaker of the Houfe of Reprejentatwes, BENJAMIN TALIAFERHO, Prejident of the Senate. -Concurred February 22, 1796. JARED IRWIN, Governor,

VAGABONDS,
An act to amend an ast entitled " An act for the punijlimcnt of_ vagabonds and other idle and dijorderly persons," faffed the twenty-ninth day oj February-, one thoufand feven hundred andfi,xty~four,
i. X 11 7HEREAS divers idle and diforderly perforis, having no vifible eftate or VV lawful einployment, and who are able-bodied men, capable of laboring
for their fupport, yet frequently flroll from divers parts of the world to this ftate, and from one county to another within the fame, neglecting to labor or to follow any honeft employment for their fupport, and either failing altogether to lift themfelves as tithables, or by their idle and diforderly life rendering themselves incapable of paying

VAGABONDS,

-

6

their levies when lifted, by which means they become a peft to fociety: for remedy

whereof, Be it enacted by the reprefentalives of the jrecinen of the ft.ale of Georgia in

General AJfetnbly met, and by the authority of the fame, That all able-bodied perfons, Vc.nom^Krf,.

not having f'ome vifible property, or who do not follow ibme honed employment, cdva;>bomi('-

fufficient for the fupport of themfelves and for their families (if any), and who {hall

be found loitering and neglcflingto labor for reafonable wages, and likewife all per

fons who run from their habitations, and have wives or children, without fuitable

means for their fubiittence, and all other idle vagrant's or diforderly perfons, wan

dering abroad without betaking themfelves to fome lawful employment or honeit la

bor, fhall be deemed and adjudged vagabonds.

2. And be it enabled by the authority aforefaid^ That if any fuq'h vagabonds 35 HO*uhe

'aforefaid fhall be found within any county in this {late, wandering, ftrollirig, loitering aae '

about or miibehaving himfelf, it {hall 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 re

quired, by a warrant under his hand, to caufe fuch vagabond to be brought before May betakes,

him, and to examine and inform himfelf, as well by the oath and examination of the up'

perfon apprehended, as of any other perfon or perfons whatfoever, or by any other

ways or means the juftice {hall 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 at, or if it doth ap

pear upon trial that any fuch perfon doth not cyltjv.ate at leaf! three acres of ground

in fome grain or other, or that he is ;of fome mechanic trade,, and works at that trade

For his fupport, or that he is in fome honeft employment engaged by the Hate or fome

citizen thereof of good fame, that then and in that cafe the faid juftice fliall caufe

every fuch vagabond to give bond with fuificient fecurity for his good behaviour, and fo^S'Sni*

for his engaging himfelf to fome lawful calling or honeft labor; and if he {hall fail to ty' tfobbor-

give {uch fecurity to the fatisfafition of the juftice, then the faid juftice is hereby re

quired to .commit him to the common jail of the county, there to remain until Rich Or he commit

fecurity be given, or until the next fuperior court of the faid County; which court is tedtojaa-

hereby empowered, if no fecurity be then offered, to bind fuch vagabond to fervice Mayirebmmd or waJges f,/or thi e term oir one year; andi irui ch wages, afrter dJ ed1 ucot.-ing tihe clharge ot oPuertiobyvcthoeu:slu--

the profecutiori and hisneceffary clothing, mail be applied towards fupporting the fa- ,

mily of fuch perfon fo bound (if any) or otherwife paid to the perfon himfelf after

his time of fervice is expired, in full of all other recompence 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 (hall order him a number of lafhes, not exceeding thir-"J^^g!TM

ty-nine, to be well laid on his bare back at the.-public whippingpoft, and then to be {."'"""

difcharged; and in both cafes every fuch vagabond {hall be afterwards liable to the

like profecution and punifhment for every offence of vagrancy whereof he {hall be

guilty as aforefaid : Provided-neverthelefs^ That any fuch vagrant or idle perfon upon pwTMo,

his inlifting and taking the oath pointed out by law, and fully becoming a foldier in !0rilllirt.

the new levies, mall be exempted from the punimments heretofore and cherei?) inflict

ed by this aft,

'

3. And whereas it may be that fome evil difpofed perfons, after having committed

fome felonious crime againft the laws and good order of Tome one of theftates of the

Union, and after being apprehended and found guilty of the charge, fo far as to be

committed to jail, or to have been bound in a recognizance to appear before any

court of record for further trial, and have fmce either broke jail or from the euftody of

3C

67

VENDUES.

the officer, Or have forfeited their recognizance, and have fled from the laws of the

ftate where the crime was committed and have come to this ftate for refuge, to the

Criminals flee great prejudice of the fame: Be it therefore enaded by the authority aforefaid, That

ing from other states to he ad

any

perfon now within the limits of

this

ftate,

or

that may

hereafter come

within the

judged vaga bonds.

fame, who may have been found guilty of any felonious crime prior to his coming

within \ low to be trea
ted in other re-

this

ftate,

fo far as to have been

committed to jail for the fame, or to have been

spetts. bound in a recognizance to appear before any court of record for further trial, and

has fince broke jail or from thecuftody of the officer, or have forfeited their recog

nizance, and fled from the laws of the ftate where the crime was committed and done,

in any iiich cafe the faid perfon or perfons fhall be deemed and adjudged vagrants,

and fubjecl; to all the pains and penalties expreffed in this law, and fhall be confined

in jail until applied for by the executive authority of the ftate where the crime was

committed, or until the executive of this ftate fhall find it convenient to fend fuch

offender or offenders under a fafe guard to the ftate where the crime was committed

and done.

By order of the Houfe.

N.. BROWN SON, Speaker,

February i 1788*

.

VENDUES,

An actfor the letter regulating of vendues within thi$fiates

Jreamile. i, "friT THERE AS it appears necefTary for promoting the revenue of the ftate, and

\\ encouraging the commerce of the fame, that the fale of goods at publie

vendue fhould be fubjecl; to better regulations than heretofore.

Ycndue masters
for

Be-it therefore enacted, and it is hereby enacted by the freemen of the /late of Georgia

in General Affembly met, andby the authority ofthe fame, That from and after the paf-

fing of this aft, four vendue matters fhall be appointed for the town of Savannah,

years

one for the town of Augufta, one for the town of Sunbury, and one for the town of

St. Mary's, who fhall continue for, and during the term of two years, and fhall

give bond to the governor and his fuccefforsin office with two fufficient fecurities in the

lum of one thoufand pounds for the faithful difcharge of their duties, and for well

and truly performing the terms and payments in and by this &Q. direcled and requir--

ed.

-

Tlidr powers and duty.

2. And be it further enabled ly the authority aforefaid^ That the faid vendue rriaf" ters and no others, fhall from and after the paffing of this ar, have full power and

authority to fet up and expofe to fale by public outcry, and vendue all and any hou^

fes, lands, fhips and veffels, goods and wares and merchandize and property what-

swi pay into-foever, rendering and paying to the ftate treafurer for the ufe of the ftate, one per

Me '"Son centum of the grofs amount of the fale fo by him or them made as aforefaid, in man

ner following, that is to fay, that each and every of the faid vendue mafters, (hall once

.VENDUES.

57 x

in every three months render an account upon oath to the faid treafurer (which oath

any judge or juftice of the peaee is hereby empowered to adminifter; and the trea-

i'urer is hereby directed to file the faid account with the faid oath in his office) of all

the effects and property by him or them fold at any time before the faid time of ren

dering the faid account, and fmce his laft fettlernent, and {hall then immediately pay

to the faid treafurer the full amount of the faid one pound in the hundred pounds up

on the account ; and upon any failure in rendering the faid account upon oath, or of Penalty far rut,.

payment of the faid fumof one per centum, any vendue mafter, fo failing or neg- wethcrem'

kcling, mall be difcharged from (he appointment, the bond put immediately in (bit,

and fome other perfon. appointed in his room ; and if any perfon or perfons other ,^p&"9*^

than the faid vendue matters mall be found felling or difpofing of any houfes, lands, S!"arecsLii

ihips or veffels, goods wares merchandize or property whatfoever, within the towns of SdSlTfct

Savannah, Augufta, Sunbury or St. Mary's, or within two miles of the fame, except as!,TM".'00' 110

lierein after excepted by way of public vendue or auftion, each perfon or perfons fo

offending and being legally conviQed, fhall for every fuch offence forfeit the lum of

one hundred pounds to theufeof the poor of the county where fiich offence fhall be

committed; and moreover it fhall and may be lawful for any juftice of the peace

of the towns refpeflively upon his own view, or the teftimony and informa

tion of one or more creditable. witnefles to him given of any perfon felling any lands,

ihips or vefiels, goods, wares, merchandize or other property whatfoever, by way of

public auHon or vendue as aforefaid, except as by this aft is excepted, within the

faid towns or within two miles of the fame, to caufe fuch perfon fo offending to be ap

prehended and may oblige him, her or them to find fureties for his her or their good ^''R^yff1"

behaviour, and appearance at the next fuperior court to be held in the faid county K^"TMTM'-

where the offence is committed,

3. And be it further enaEled, That if the party fo bound over, (hall during thecon- Theirrecogt?i.

tinuance of his, her or their recognizance, prelume to fell, or expole to fale at pub-^5,'"TM''"'

lie. vendue as aforefaid, any lauds, houfes, goods, wares, merchandize, or other pro

perty whatfoever within any of the faid towns, or within two miles of the fam,e, i'uch

felling or expoiing to fale, mail be deemed and is hereby declared to be a breach of

the faid recognizance.

4. Provided ahoays* and it is hereby further enabled. That no thins herein contained NottoM.ui

lnoan11 extendi or ibe consntruedi to extendi co hi i ndl er any ilawrruli executor or execu' tors, adi- Iex8caclustaolcris,b&yc .

miniftrator or adminiftrators to expofeto fale, by way of public auction, vendue or oth-

erwife, any lands, tenements, goods or chattels or odier propeVty of their refpeftive

teftators or iriteftates, or to hinder any. fheriff, conftable, or other officer, to fell

and difpofe of by way of vendue, any lands, houfes, {hips, vefTels or other proper

ty whatever-taken in execution and liable to be fold by order of lav/, but that ail and

every fuch perfon or perfons may do therein as they might have done, any prohibi

tion in this or any former law contained to the contrary notwitMtanding.

5. And be it further enaffed by the authority aforefaid^ That no vendue mail be ThCTBh an M-,

held by any vendue mafter in the diftrielof any other vendue mafter, and that their d^Ss"' 1116'1

fees or recorapence for felling at public vendue, collecting the money, and paying

over the fame without lofs or wafte fhall be as follows : for houfes, lands, negroes, tl]Cir comtwn,

fhips, floops, fchooners and other veffels two and a half per centmn s and for all oth- u^'""-

er goods and property whatfoever five per centum. . .

.

6. And be it further enacted by the authority aforefaid^ That if any vendue mafter Mnie,&c.how

fliall neglett or refufe to pay-over the monies arifing from the fales of any houfes, of mon..

lands, goods, wares, merchandize or any other property fold as aforefaid, either at

1

57,2
d%sfng

.

VENDUES,

private fale, or public auQion,to the owner of the fame, or his or her legal reprefentatives, within a reafonable time after demand made, and after the fale of the prop erty aforefaid, all fuch debts due by fuch vendue mafter fhall be confidered as coming under, and may be fued for and recovered from them or their fecurities, as in caies of courts merchants.
7' ^- n^ be it further enabled, That all laws heretofore made and enafted fo far as they relate to vendues, be and they are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives, BENJAMIN TALIAFERRO, Prejident of the Senate, Concurred December 8, 1794. GEORGE MATHEWS, Governor.

An act reffecting vendue ma/lers. . .

:pamwe. * "^STC THERE AS it hath been determined by a joint refolution of both branches

V V of this prefent legiflature, that it is neceflary to increafe the number of ven

due mafters for the city of Savannah, and to appoint others for other places in this

six vendue ^ ate ' ^ e ^ enaffed, That there fhall be fix vendue mafters for the city of Savan-

tcdsforssalvpan-"na.h, to wit, the fame that were elefted by joint ballot of both houfes on Tuefday

mh '

the twenty-fourth day of January pad,.and who mall in every refpeft proceed and

conduft themfelves in conformity to the terms of the aft for regulating vendues,

paffed the eighth day of December one thoufand feven hundred and ninety-four,

for and during the time they may continue in office.

one for Angus- 2. And be it farther enaffed, That there fhall be one vendue mafter for the town

v8Vhcrpiace5? &-of Augufta; one for Louifville; one for St. Mary's; one for Wafhington in

Wilkes; one for Peterfburgh; "and two for Liberty county; who fhall be appointed

by concurred refolution of both houfes, and in all matters ihall conform to the afore

faid aft for regulating vendues.

corporation of 3, And be it further enacled, That the mayor and aldermen of the city of Savan-

appofXfm&nah be, and they are hereby authorized, after the expiration of one year from the staekcueribtoyn.d ami f,,t r i,>t d,ay' orr M, ,, ar'ch, next, toJ appoi. nt vend\ ue maf,,ters,l,.orr th, e ci. ty orP S0 a'vannah, annu

ally; and are required to take bond and fecurity of fuch vendue mafters, agreeably

to the aft for regulating vendues aforefaid, which bonds they fhall tranfmit to the

treafury office; and the faid mayor and aldermen {hall fill all vacancies which may

happen of vendue mafters either from death, refignation, .fufpenlion or removal

from office, by the governor or otherwife.

in ether places 4. And be it farther enacled, That the juftices of the inferior court in ever-y other to b r"rior county, where vendue mafters are directed by law to be appointed, to appoint such

vendue mafter, take bond and fecurity, and fill all vacancies which may happen in

like manner, as the mayor and aldermen are authorized to do for the city of Sa.

vannah.

Taxon certain lots in Savan

5. And be itfivrther enabled, That the tax on all lots in the city of Savannah,.

from which the improvements have been deftroyed by the late'dreadful fires, (cx-

WESTERN TERRITORY,

573

eept fucli as may have been infured, to be eftablifhed by the oath of the owner, a pent

or truftee for the year one thoufand feven hundred and ninety-fix, and one thoufand

feven hundred and ninety-feven) be remitted.

DAVID MERIWETHER, Speaker of the Houfe of Refrefentdtives.

DAVID EMANUEL, P-refident of the Senate.'

Concurred February 13, 1797.

JARED IRWIN, Governor,

'

.,

WESTERN TERRITORY,

An aft, declaring null and void a certain ufurped aft, paffed by the laft legifialure of

this /late at Augujl-a, on thcfeventh day of January, one thousandfeven hundred and

ninety-five, under the -pretended title of " An aft fupplementary to an all, entitled an

acl for appropriating apart of-the'unlocated territory of this Jlate for the payment of

the late fiate troops, and for other purpofes therein mentioned; declaring the right of

this Jlate to the unappropriated territory thereof, for the protection of the frontiers,

and for other purpofes':" And for expunging from the face of the public records the.

faid ufurped act, andfor declaring the right of this Jlate 'to all lands lying within the

boundaries therein mentioned,

'



i. ''CTf 7HEREAS the free citizens of this ftate,' or in other "words the community r VV thereof, are efientially the fource of the fovereignty of the ftate, and no
individual or body of men can be entitled to, of veiled with any authority which is not exprefsly derived from that fource, and the exercife or affumprion. of powers not fo derived, become of themfelves oppreffiori and.ufurpation; which it is the right and duty of the people in their reprefentatives to refift, and to reftore the rights of the community fo ufurped and infringed :
And whereas the will or conftitution of the good people of this ftate is the only exifting legal authority derived from the effential fource of fovereignty, and is the on ly foundation of the legiflative power or government thereof, and fo far as that will or conftitution exprefsly warrants the legiflature may go but no further; and all,,con~ ftruftive powers not neceffarily deduced from that expreffive will, are violations of that, effential fource of fovereignty, and the rights of the citizens, and are therefore of no binding force or effeft on the ftate, or the good people thereof, but null and void : .
And zvhereas the laft legiflature of this ftate not confining itfelf to the powers with which that body was conftitutionally inverted, did ufurp a power to p.afs an aft on. the ieventh day of January one thoufand feven hundred and ninety-five, entitled "An aft fuplementary to an aft entitled an aft for appropriating a part of the unlocated territory of this ftate, for the payment of the late ftate troops and for other purpofes therein mentioned, declaring the right of this ftate to the unappropriated territory thereof, for the protection and fupport of the frontiers, and for other pur pofes;" by which an enormous traft of unascertained millions of acres of the vacant territory of this ftatej' was attempted, to be difpofed of to a few individuals in fee

574

.WESTERN TERRITORY,

fimple, and the fame is not only unfounded as being without exprefs conftitutiona! authority, but is repugnant to that authority as well as to the principles and form of government., the good citizens of this ttate have chofen for their rule, which is democratical, or a government founded on equality of rights; and which is totally oppofed to all proprietary grants or monopolies in favor of a few, which tend to build up that definitive ariltocracy in the new, which is tumbling in the old world; and which if permitted, mutt end in the annihilation of democracy and equal rights; thofe rights and principles of government which our virtuous forefathers fought for, eftablifhed with their blood,
-And whereas the fourth feftion of the fourth article of the conftitution of the United States declares, " The United States fhall guarantee to every ftaie in this Union a republican form of government," which could never have been intended to be a republican ariftocracy 9 and which fuch extravagant grants tend to eftablifh ; the conftitution of the United States exprefsly acknowledging a republican democracy as the foundation of the people, it receiving all its force and power from their hands or their gift, which is manifeft fro in its content, ^ We, the people of the United States:"
And whereas^ as before mentioned, the (aid ufurped aft is repugnant to the confti tutional authority, inafmuch as that, by the fixteenth feftion of the firft article of the conftitution of this ftate, it is declared, ^ That the General Affembly (hall have .power to make all laws and ordinances which they fhall deem neceffary and proper for the good of the ftate, which fhall not be repugnant to this conftitution." And the faid ufurped aft is oppofed to the good of the ftate, and it is felf-evident.that the legiflature which arTurned the power did not deem it for the good of the ftate.
ift. Becaufe felf-prefervation or the protecting itfelf, is the greateft good and firft duty of every government, and, as has been fliewn, immenfe monopolies of land by a few individuals, under the fanftion of the government, is oppofed to the principles of democracy, or the fundamentallaws the citizens of this ftate have chofen for their rule, which, fo far from being for the good or felf-prefervation of the democratical or equal government, is rnoft manifeftly for its deftrufljon and injury.
ad, Becaufe the expreffion '* Good of the ftate" embraces the good of the citizens compofing the ftate, and the good of the citizens conlifts in the peaceable purfuit of happinefs, and the enjoyment of all rights, natural or acquired, not exprefsly dele gated for the purpofes of government; and a fale of fuch an enormous traft to a few {peculators, which was and is the common right of all the good citizens of this ftate, is contrary to thofe rights, and therefore to their rnanifeft injury, and of courfe to the injury of the ftate,
3d. Becaufe even fuppqfmg conftitutional authority to have been vefted in the legiflature for the purpofe of fuch difpofal, the legislature was not vefted with power to transfer the fovereignty and jurifdiftion of the ftate over the territory attempted to be difpofed of, which it has done by opening a door for fale to foreign powers, and a relinquifhment of the powers of taxation until the proprietors choofe to be reprefented, which is in faft difmembering the ftate, and which transfer and relinquiihment of taxation cannot be for the good ot' the Mate.
4th. Becaufe there was no neceffity or preffing urgency for the fale of fuch an immenfe traft. of territory, equal to fome European kingdoms, to carry into execution and operation the extinguiihment of the Indian claims to the lands between the Oconee and Qakrnulgee, contemplated by the aft, entitled "An aft for appropriating a part of the unlocated territory of this ftate for the payment of the late ftate. troops.

WESTERN TERRITORY.

'

lind for oilier purpofes therein mentioned," the fubterfuge on which the faid ufurped

at of the feverith of January, one thoufand feven hundred and ninety-five, was

founded, when the whole amount of the appropriation for that purpofe was but

thirty thoufand dollars, and funds to a greater amount were then in the treafury un

appropriated: And becaufe no ftate or nation is juftified in wantonly diffipating its

property or revenues, and a legal alienation of which can only take place from the

molt preffing neceffity; and the territory attempted to be difpofed of, was the faid

ufurped law valid, was wantonly diffipated, it being difpofed of for the trifling fum

of five hundred thoufand dollars, a fum not adequate to the annual quit rents fuch

lands were charged with, previoufly to the revolution, by the Britifh king; which

wanton diffipation cannot be for the good of the ftate.

5th. Becaufe, exclufive of the immenfe lofs of revenue to which the ftate is expo*

fed from the relinquifhment of taxation, the fum of five hundred thoufand dollar*

was accepted as the confederation money for the fale, and the fum of eight hundred

thoufand dollars offered by perfons of as large a capital and as much re fpecl ability

and credit, and on terms more advantageous to the ftate, was refufed; which, as it.

was (fhould the/aid ufurped a6l have been confidered valid) a clear lofs of three hun

dred thoufand dollars to the revenues of the ftate, it is evident that the law .authori

zing the fate was not deemed by the legiflature for " The good of the ftate," which

confifled in obtaining the higheft price and the moft advantageous terms.

6th. For the very excellent reafons given by his!excellency the governor in his

diffent to the firft bill for thedifpofal of the faid territory, delivered to the Houfeof

Reprefentatives on the twenty-ninth of December, one thoufand feveh hundred and

ninety-four, and which bill was not materially different from the aft in queftion; and

vhich reafons prove, that his excellency as a negative branch of the legiflature, al

though he concurred in the law, did not deem it for " The good of the ftate," and

\vhich diffent was in the words following :

ift. I doubt whether the proper time is arrived for difpofing of the territory in

queftion.

'

ad. If it was the proper time, the fum offered is inadequate to the value of the

land.

'''.'

3<1 The quantity referved for the citizens is too fmall, in proportion to the extent of the purchafe.
' 4th. That greater advantages are fecured to the ptirchafers than to the citizens. 5th. That fo large an extent of territory being difpofed of to companies of indi*
vidualsj will operate as monopolies, \vhichwillpreventorretard fettlements, popu lation and agriculture.

6th. That fhould fuch difpofition be made, at leaft one fourth of the lands fhould be referved for the future difpofal of the ftate.
yth. That if public notice was given, that the land was for fale, the rivalfhip in purchafers would moft probably have increa fed the fums offered.
8th. The power given to the executive by the conftitution, the duty I owe the community and the facrednefs of my oath of office, will 1 flatter myfelf, juftify this diffent in the minds of the members of the legiflature, and of my other fellow citi zens.

And -whereas the faid ufurped at paffed on the feventh day of January, one thou fand feven hundred and ninety-five, is alfo regugnant to the afore recited fixteenth feftion, inafmuch as it is regugnant to the feventeenth or fubfequent feclion of the faid faft article, which declares; " They (the legiflature) fhall have power to alter the

' WESTERN TERRITORY,

boundaries of the prefent counties, and to lay off new ones, as well out of the comi

ties already laid off, as out of the other territory belonging to the ftate. When a

new county or counties (hall, be laid oft" out of. any prcfent county*, or counties, fuch

new county or counties (hall have their representation apportioned out of the num

ber of repreientatives of the county or counties out of which it or they fhall belaid

out, and when any new county fhail belaid off in the vacant territory belonging to

the ftate, fuch county' fhall have a number of reprefentatives not exceeding three,

to be regulated and determined by the General Affembly." And the territory difpo-

i'eclof not lying within the limits of, any. county already laid; off, and.a fale and grant

thereof, fliould the faid ufurped )a,w;, be deemed valid, having been made i't could not

be defined the vacant territory, belonging to the ftate, whereby the c.onftitutional p'ow-

ers vefbediin the General Affembly by the faid feventeenth feftion would be barred

.and prevented^ 'arid confequently the fettlers on the territory fold, be deprived of the

constitutional right o>f reprefentation, and, is not Only thus repugnant to the faid fix-

ceenth.arid feventeenth fe61ions4 but thereby and by therelinquifhment of the right of

taxation,' until the'fettlers-.-were-.reprefented, which they cannot conftitutionally be, is

a'lfo repugnant, to the whole .letter and fpirit.of the conftitution, it operating as a dere

liction of jurifdiclional rights,.and a, virtual difmemberment of the ftate,

'And whereas in and by the articles of confederation entered into and finally rati

fied on the firft day of March one thoufand {'even hundred and eighty-one, by the

then Thirteen States of America, the territory within the limits of each of the faid

Hates-is to each of them respectively., confirmed and guaranteed, firft by the fecond

article1, to wit:, "Each ftate retains its fovereignty, freedom and independence, an-d

every power, jurifdiclion arid right, which is not by the confederation exprefsly de-

' legated to the United States in cpngrefs, affembled." And fecond by the laft clauje

in the fecond fecvion of the ninth article, "'No ftate (hall be deprived of territory

for the benefit of the United States:" And in and by the firft c.lauie of the fi.xth ar

ticle of the federal conflitut'ion of the United States, " All engagements entered into

before the adoption of the faid conftkution, (hall be as valid againft the United States

under, the laid constitution as' under the, confederation:" And by the'twelfth article of

the amendments to the faid conftitution, ratified and adopted, " The powers not de

legated to. the United States by the, cqnftitutipn, nor prohibited.by it to the. ftates,5 are

referved t,o the ftates refpeclively, or to the people."

..

And.whereas in and by the definitive treaty.of peace, figned at Paris on the third

of September, one thoufand {'even hundred and eighty-three, the boundaries of the

United .States were eftablifhed, and,the. laid .United States fully recognized and ac

knowledged by the firft article thereof, in the words following: " His Britannic rna-

jdty acknowledges the faid United States, viz, New-Hampfhire, ^affachufettS'Bay,

jRhocie-IUand, Connecticut, New-York, New-Jerfey, PennfyJvania, .Delaware, Ma

ryland., Virginia, North-Carolina, South-Carolina and Georgia, to be free, fovereign

and independent ftates; that he treats with them as fuch, and for himfelf, his heirs and

fucceffors, relinquiflies all claims to the government, proprietary a,nd territorial rights

of the fame." ; And by the fecond article it. is declared: " And that all difputes which

might arife in future on : the fubje6t of the boundaries of she faid United. States may be

prevented, it is agreed that the following are and fhall be their boundaries," And

thofe boundaries thereby declared, which limit the weftwardly and fouthwardly parts

of this ftate, are thus defined : " Along the -middle of the MiJIifippi until it fhall in-

terfeft the northermn.oft part of the thirty-firft degree of north latitude; fouth by a

line drawn due eaft from the tenrmiatiqn of the. line laft mentioned, in the latitude ol

WESTERN TERRITORY* ."

57?:

thirty-one degfees north of the equator, to the middle of the river Appalachicbla or Chatahoocb.ee; thence along the middle thereof, to 'its junction with Flint Riverj thence ftraight to the head of St. Mary's River; and thence along the middle of St. Mary's River to the Atlantic Ocean." And the king of Great Britain did, by pro clamation dated the feyenth day of October^ in the year one thoufand feven hundred and frxty-three, annex to the then province of Georgia, all the lands lying between the faid river St. Mary's and the Alatarnaha, its former boundary claimed by SouthCarolina under her charters; and the {late of South-Carolina, in and by a. conven tion held and concluded between the commiffioncrs of the faid ftates, at Beaufort, under the authority and articles of the confederation, on the twenty-eighth day of April, iti the year one thoufand feven hundred and eighty-feven, did confirm to the ftate of Georgia the fouthward and weltwardly boundaries dcfcribed in the faid treaty of Paris, by acceffion and relinquifhment of all right, title and claim which the faid ftate pofiefled from the original charter thereof to the government, fovereignty and jurifdiftion in and over the fame, and alfo the right of pre-emption of the foil from the native Indians, and all other the eftate, property and claim in or to the faid land; and the boundaries fo defcribed alfo coincide with the boundaries of this ftate, as defcribed by the land aft of this ftate now in force, paffed at Savannah the feventeenth of September, in the year one thoufand feven hundred and eighty-three (except as to the northern boundary of the ftate) which by the faid convention is thus eftablifhed and ratified by theh'rft article thereof: " The moft northern branch or ftream of the river Savannah, from the fea or mouth of fucb ftream to the fork or conflu ence of the rivers now called Tugalo or KeoweCj and from thence to the moft north ern branch or ftream of the faid river Tugalo, till it interfefts the north boundary of South-Carolina, if the faid branch or ftream of Tugalo extends fo far north, retr ying all the iflands in the faid rivers Savannah and Tugalo, to Georgia; but if the head fpring or fource of any branch or ftream of i'lhe'faid river Tugalo does not ex tend to the north boundary of South-Carolina, then a weft line to the MiHifippi.
And whereas, until the formation of the confederation there could pofiibly belong to no territorial rights to the United States 3 nor after fuch formation within the char tered limits of any ftate, but fuch as were fpecially ceded and relinquifhed by the i'efpetive ftates; and the people of the ftate of Georgia have by no act of theirs, or in any manner or fhape whatever, transfered or aliened or delegated a power to trans fer or alien the territory attempted to bedifpofed of by the faid ufurped aft paffed on the feventh of January, in the year one thoufand feven hundred and ninety-five, and the fame and every .part thereof is hereby declared to be veiled in the ftate and people thereof^ and inalienable, but by a convention called by the people for that-exprefs purpole, or by feme claufe of power expreffed by the people delegating fuch ex-
prefs power to the legislature in the confutation. And whereas diverted of all fundamental and constitutional authority which the
faid ufurped aft might be declared by its advocates, and thofe who claim under its to be founded on : Fraud has been practifed to obtain it, and the grants under it. And it is a fundamental principle both of law and equity, that there cannot be a wrong without a remedy, and the fhue and the citizens thereof have fuffered a moft griev ous injury in the barter of their rights by the faid ufurped aQ. and grants, and there is no court exifting if the dignity of the ftate would permit her entering and for the
trial of fraud and collufion of individuals, or to conteft her fovereignty with inem 5
whereby the remedy for fo notorious an injury could be obtained; and it can no where

WESTERN TERRITORY.

better lay than with the reprefentatives of the people chofen by them, after due proxnulgation By the grand juries of molt of the counties of the ft ate, of the means praclifed, and by the revnonftrances of the people to the convention, held on the

tenth day of May, in the year one thoufand feven hundred and ninety-five, felting

forth the attrocious {peculation, corruption and collufion, by which the faid ufurped

act and grants were obtained.

:/

And whereas the faid petition and remonftrances of the good people compofing

the (late, to the faid late convention held at Louifville on the faid tenth day of May,

one thoufand {'even hundred and ninety-five, produced a refolution of that body in

the following words : " Refohed^ That it is the opinion of the convention, that from the numbers, refpe&ability, and ground of complaint ftated in the fundry petitions laid before them, that this is a fubjeft of importance meeting legiflative deliberation,

Ordered therefore, Thatfuch petitions be preferved by the fecretary, and laid before

the next legiiiature at their enfuing. feffion." Which refolution invefts this legiflature

with conventional powers quo ad hoc, or in common terms, for the purpofe of invef-

tigating the fame, and which gives additional validity to legiflative authority, were the

powers.of one legiflature over the acls of another to be attempted to be questioned,

And whereas it does appear from fundry affidavits and a variety of proofs fatisfactory to this legiflature, as well" as from the prefentments of the grand juries on oath of a confiderable majority of the counties of the ftate, and by the afore recited pe

titions and remonftrances of the good people thereof to the convention, and by nu

merous petitions to this prefent legislature to the fame purport, as alfo from the

ielfevident proof of fraud, arifing from the rejection of eight hundred thoufand

dollars, and the acceptance of five hundred thoufand dollars, as the consideration

money for which the faid territory was fold; that fraud and corruption are praclifed to obtain the faid at and grants, and that a majority of thofe members of the legif-

kture, who voted in favor of the aforefaid a6t were engaged in the purchafe, and a majority of one vote only appeared in favor of the faid ufurped at in Senate, and

on which majority in that branch the fame was paffed, and corruption appears againfl

snore than one member of that body; which exclufiveof the many deceptions ufed,

and the inadequacy of price for fuch an immenfe and valuable traft of country, would be fufricient in equity, reafon and law to invalidate the contraQ, even fuppofing it

to be conftitutional, which this legiflature declares it is not,

. e it therefore enacted, That the faid ufurped at, paffed on the feventh day of

January, in the year one thoufand feven hundred and ninety-five, entitled * " An

S'ttoe' a^ Supplementary to an at entitled an acl. for appropriating a part of. the unlocated

en, declared soil and void.

territory of

this ftate,

for the payment of

the late ftate troops and for other

purpo-

fes therein mentioned; declaring the right of this ftate to the unappropriated territory

thereof, for the protection of the frontiers, and for other purpofes," be, and the

fame is hereby declared null and void, and the grant or grants, right or rights, claim or claims, iffuing deduced or derived therefrom, or from any claufe, letter or

fpirit of the fame, or any part of the fame, is hereby alfo annulled, rendered void,

and of no effeel; and as the fame was made without conftitutional authority, and

fraudulently obtained, it is hereby declared of no binding force or effeCt on this

ftate or the people thereof; but is and are to be confidered both law and grants as

they ought to be ipfo facto of the-mfelves void, and the territory therein mentioned is alfo-hereby declared to be the fole property of the ftate, fubject only to the tight of



\

* This al alfo declared void by the ctnftitution of the ftate*

WESTERN TERRITORY.

575

treaty of the United States, to enable the ftate to purchafe under its pre-emption the

right Indian title to the fame.

2. And be it further enabled, That within three days after the paffing of this aft A,,l!()r(k,Wl.

the. different branches of the kgiflature (hall affemble together, at which meeting the^XTSb-

officers fhall attend with the feveral records, documents and deeds in the fecretary's, 1'"500"'"'

furveyor general's and other public offices, and which records and documents fhal!

then and there be expunged from the face and indexes of the books of record of the

ftate, and the enrolled law or ufurped a6t fliall then be publicly burnt,* in order thai-

no trace of Co unconftitutional, vile and fraudulent a tranfaOion, other than the in

famy attached to it by this law, ihall remain in the public offices thereof, and it is

hereby declared the duty of the county officers of record, where any conveyance,

bond or other deed whatever, fhall have been recorded, relating to the lale of

faid territory under the (aid ufurped aft, to produce the book wherein the faid deed,

bond or conveyance may be fo recorded, to the fuperior court at the next feffion of

the court after the paffing this law, and which court is hereby directed to caufe fuch

clerk or keeper of the public records of the court to obliterate the fame in their pre-

fence; and if fuch clerk or keeper of records negleft or refufe fo to do, he fliall be

and is hereby declared incapable of holding any office of truft or confidence in this?

ftate, and the fuperior court ihall fufpend him: And from and after the paffing of

this aft, if any clerk of a county, notary public or other officer keeping re

cord, Ihall enter any tranfaction, agreement, conveyance, grant, law or contrail

relative to the faid purchafe under the faid ufurped aft on their books of record,

whereby claim can be derived of authority of record, he or they fliall be rendered ia-

capable of holding any office of truft or profit within this ftate, and be liable to

a penalty of one thoufand dollars, to be recovered in any court within and under

the jurisdiction of this ftate; one half thereof to be given for the benefit of the

informer, and the other half to be lodged in the treafury for the ufe of the com

monwealth,



.

3. And be it further ena&cd. That the faid ufurped lav/ palled on the feventh of|J:lc,'^)r-J,iJt6'

January, in the year one thoufand feven hundred and ninety-five, fhall not, nor den^'S1 eS

lliall any grant or grants iffued by virtue thereof, or any deed or conveyance, theakuari-

agreemerit or contract, fcrip or paper relative thereto, be received as evidence iii toiy'

any court of law or equity of this ftate, fo far as to eftablifti a right to the faid

territory or to any part thereof: Provided,, That nothing herein contained .fhall be?10*'?1

conftrued to prevent fuch deed or conveyance, agreement or contract, between

Individuals, fcrip ifi'ued by the pretended purchafers, or other paper from being re

ceived as .evidence in private actions for the recovery of any monies given 3 paid or

exchanged, as the conlideration for the pretended fales by the original pretended

purchasers or perfons claiming and felling by and under them.

4. And be it further enatted. That his excellency the governor be, and he is here- M,,My 1M;d ;..

l)y empowered and required to iffue warrants On the treafurer after the'expiration off,"^TMTM7

fixty days in favor of fuch perfons as may have bona fidp clepolilcd monies, bank*'"'"*'1"

bills, or (lock in the funds of the United States or warrants^ in part, or iu whole pay- . ,

inent of pretended fhar.es of the faid pretended purchafed territory ; Provided., The Pl'yU*'

.fame fhall be now therein and not .otherwjfe : And provided a-lfo. That the rifk attend- rr-ovis,

ing the keeping thefuin or furns fo paid in, be deemed .and is hereby declared to lay en

tirely with the perfons who dep.ofited. them, .and that any,charge of guards or other expen-

...

i '"' '

'

"

* Which was accordingly done on the \ day of February 1796.

WESTERN TERRITORY.

ces for fafe keeping thereof, be deducted therefrom; and in cafe of neglect of appli

cation to his excellency therefor within eight months* after the paffing this act, the

fame fh.all be and is hereby deemed property, directed and efcheated to and for the

.ufe of this ftate.

The right to 5. And be it Jurther enacted^ That any pretended power affumed, ufurped, or in

tended by cscunsf.nish the
Indian title or

the faid act,

or any claufe,

or letter of

the fame, or which may

or can,

be

toiipply Co con gress for that

conftruedto

that

purpofe

by

the

faid

ufurped

act,

grant or grants

under it,

or

from

-

purpose, cieclato be in the

the

journals

of

the

Senate

or

Houfe

of

Reprefentatives,

to

apply

to the

government

people *nd goveniment of .{his state.

of the United the boundaries

States in the

for faid

the extinguifhment of the Indian ufurped act mentioned, and the

claims to the lands holding any treaty

within by the

faid general government in confequence of any application therefor by the compa

ny purchafers under the faid ufurped act, fo far as may affect the rights of this ftate to

the lands therein defcribed, is arid are alfo hereby declared null and void, and the rig!;?.

of applying for, and the extinguifhment of Indian claims to any lands within the

boundaries of this ftate, as herein defcribed, being a fovcreign right, is hereby fur the r

declared to be veiled in the people and government of this ftate, to whom the right

of pre-emption the fame belongs, fubject only to the controling power of the United

States to authorize any treaty or treaties for and to fuperintend the fame.

Vhlslawhow 6. 'And be it further enabled. That in order to prevent future frauds on individuals to he pranml- as far as the nature of the caufe will admit, his excellency the governor is hereby re

quired, as foon as may be, after the paffing of this law, to promulgate the fame

throughout the United States.

THOMAS STEPHENS, Speaker of the Houfe of Reprefentatives,

BENJAMIN TALIAFERRO, Prefident of ihe Senate*.' '

Concurred, February 13, 1796.

JARED IRWIN, Governor.

* Time extended by aft of 1799} fe&. r> &c. further time by at of

An a$ to extend the time for the pretended purchafers of the Wejlern Territory of this Jlale, to receive the fums they depofited in the treafitry., and for further expunging from the face of the public reeo-rd^certain entries relative to the pretended fales of ths Wejlern Territory of this Jlate, under the ufurped att^ paffed the feventh of Ja
nuary., one thoufandfeven hundred and ninety-five.

Thev governor i. T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the/ate of

to issue war rants on the treasnrer in fa* vor of tho3& who have de

J_3 Georgia, in General he Ls hereby empowered and

Affembly required

met. That his excellency the governor to iffue warrants on the treafurer from

be and and im

posited Ihercin.

money

mediately

after

the

paffing

of

this

act,

in favor of

fuch perfons as may

have bona fide

depofited money, bank bills, or ftock in the funds of the United States, or warrants

in part or in whole payment of pretended fhares of the faid pretended purchafed ter-

ritory under an ufurped act, paffed at Augufta on the feventh day of January, in the

year onethoufand feven hundred and ninety-five, under the pretended title of " An

act Supplementary to an act, entitled ' An act for appropriating a part of the unlo-

eated territory of this ftate for the payment of the late ftate troops^ and for. other

WESTERN TERRITORY.

purpofes therein -mentioned,' declaring the right of ihis ftate. M the unappropriated territory thereof, for the pro.te.Bion of the frontiers, and for other purpofes." ' Pro- Pri,vi, vidcd) That the rilk attending the keeping of the fum or fn.ms io paid in be deemed Tv..ht and is hereby declared to lay entirely with the perfbns who depoiited them, and that J*?$ s to be any charge of guards or other expences for the fafe keeping thereof he deducted there Praviso, from: And provided alfo, That application be made for the futns fo depoiited on or before the fir ft day of June, one thoufand feven hundred and ninety-eight.
And whereas, in and by an aft pafled the thnteenth day-of February, in the year one thoufand Seven hundred and ninety-fix, annulling the faid ufurped aft palled the feventh day of January, one thoufand feven hundred and ninety-five, the fecretary, furveyor genera! and other public officers, were required, within three days after the pafiing the fame, to produce to the legi'flature all deeds and documents rein ring to the pretended fale of the Weftern Territory of this ftate, to be expunged liwefrom, in order that no trace of fo infamous a tranfaftion mould remain in thepablicoific.es of the ftate; and it appears that, either from the indifpofition of the iecretary of the ftate at that period, or through miftake or negleft, certain pretended mortgages rela tive thereto, and given by the pretended purchafers, which were entered in the book of mortgages marked E. E. in the faid office, were neglefted to be produced to the late legislature to be expunged from the faid book,' and burnt in conformity to the concurred resolution under the authority of the faid aft : Be it therefore enaSled^ That certair the faid book E. E. fhall, -on the day t after the pafiing of this aft, be brought into the !.HTMf reprefentative chamber, and then and there, at or about the hour of twelve o'clock S^ of the faid day, the faid pretended mortgages, entered in the faid book E. E, from '"" page one hundred and thirty-three to page one hundred and fixty-two, inclufive, fhall be carefully expunged from the faid book E. E. and burnt in the prefence of the Senate and Houfe of Reprefentatives; and the prefident of the Senate and fpeaker of the Houfe of Reprefentatives fh'all defignate, under their hands, on a fheet of paper to be inferted or pafted on in the place from whence they fhall be fo taken, the authority by which the fame was done, and the number of pages fo expunged.
DAVID MERIWETHER, Speaker of the Houfe of Retrrfenlatives. . DAVID EMANUEL, Prejident of the Senate. Concurred February 10, 1797. JARED IRWIN, Governor.

j- Which was accordingly done on the

day of February, 1797=

An aft to carry into effett the twenty-fourthfdlion of the firjl article of the conjlitution,
i. "T1TT-HEREAS by the twenty-fourth feftion of the firft article of the conftitu^f y tion it is among other things declared, that the foregoing feftion of this
article having declared the common rights of the free citizens of this ftate' in and to all the territory without the prefent temporary boundary line, and within the limits of this ftate, thereby defined; by which the contemplated purchafes of certain compa nies of a considerable portion thereof are become conftitutiorially void, ' 4 and juftice and good faith require that the ftate fhould not detain a confideration for a contract

582

WESTERN TERRITORY.

which has Failed, the legifiature at their next feffion fhall make provifion by law for

returning to any perfon or perfons who has or have bonajide depofited monies for

fuch purchafes in the treafury of this ftate:

proviso.

" Provided, That the fame fhall not have been drawn therefrom in terms of the

act paffed the thirteenth day of February, one thoufand feveii hundred and ninety-

fix, commonly called the refcinding afl, or the appropriation laws of the years one

thoufand feven hundred and ninety-fix and one thoufand feven hundred and ninety-

feven, nor {hall the monies paid for i'uch purchafes ever be deemed a part of the

funds of this ftate, or be liable to be appropriated as fuch, but until fuch monies be

drawn from the treafury, they (hall be confidered altogether at the rifle of the per

fons who have depofited the fame."

Grantees, their 2. Be it therefore enaSled by the Senate and Houfe of Reprefeniatives of the Jlate of

' V*hn"^TMaw Georgia-in General AJjerably met^ and by the authority of the fame? That any pretend-

6temTe"ositm! ec^ grantee or grantees, his or their acknowledged agent, or agents or other perfon or

perfons having depofited any fum or fums of money, for the aforefaid pretended

purpofes, ihall be entitled to receive the fame under the following reftriclions, (that is

what panics to fay) that thetreafurer on receiving the original treafury receipt, given to any perfon mcouis.t be Bi-oclu- or pe'ri'rons, or th, e recei pt or,- th, e pretendjedi grantees, or 't hei r a1 ckn1 ow1 led1 ged agent or

agents, to any perfon or perfonjS, or the receipt of any perfon or perfons in whole

name or names any fum or fums of money was depofited, in the treafury, for or on

account of any or either of the pretended companies, to any perfon or perfons, for

any fum or fums of money, for any pretended fhare or fhares of land or weftern

territory of this ftate, pretendedly fold as aforefaid, the perfon or perfons applying,

Oil oath, making oath before the faid treafurer that .the money fignified to be received 9 was

bonajide depofited in the treafury, 01* paid to the faid pretended grantees, their ac

knowledged agent, or any perfon or perfons in whofe name or names any fum, or

fums of money has or have been lodged in the treafury, for or on account of any or

cither of the pretended companies as aforefaid, and that the receipt produced is the ori

ginal receipt of the treafurer,. grantees, agent, or perfon or perfons in whofe name

or names any fum or fums of money has or have been lodged in the treafury, as

aforefaid, given at the time the money was paid, and that he or they has or have

therewith delivered in all pretended documents relative to any pretended title in his

or their poffeflion or power, under the pretended authority aforefaid, which mall be

filed in the treafury office, and the oath be there fubfcribed and preferred; fhalliffue

to the perfon or perfons depofiting the fame as aforefaid, a certificate expreffing the

date, name or names, together with the fum mentioned in the document depofited as

aforefaid.

Moneytieposi- 3 Provided ahvays, and it is hereby enabled, That the treafurer fhall not receive

teKiS'rampal any fuch pretended document chargeable to any of the pretended companies, in the

Siaiirt'easu-* treafury books exceeding the fum or fums depofited by each of the refpective pretended

companies and which is in the treafury at the time fuch receipt or pretended document

is prefentecl to him; nor {hall he give any certificate or certificates for any fum or fums

of money exceeding the amount which may be in the treafury as aforefaid, at the cred-

The Governor it of the aforefaid refpeftive pretended firms. .

JantswiVhe"" 4, And, be it/urLhtr nalcd by the authority aforefaid) That his excellency the go-

wof'aidc'om- vernor be and he is hereby .authorized and required, on receiving the certificate or cer-

**men, -c. t jft cates 0 t jie trea.furer &s aforefaid, to iffue an order to the treaiurer in the woids fol

lowing:

WESTERN TERRITORY.

;,8 :i

" You are hereby required to return out of the monies depofited by A. B. pretended ,,.0, m0ft! U company, or by C. D. who held a receipt for monies paid to or on account of laid WSVI3'lt' pretended company, now filed in the treafury agreeably to your certificate of
and debit the faid pretended compan y with the fame." DAVID MERIWETHER, Speaker of the Houfe of Refwfentalivcs. ROBERT WALTON, Prefident of the Senate,
Aflented to February 16, -'1799. JAMES JACKSON, Governor.

An aft to amend an a& to carry the twenty-fourth feftion of thefirjl article of the conJlitution into effect.

i. \7l THEREAS it has been found by experience that the relief intended by the ?reamMe> V V aft, entitled " An aft to carry the twenty-fourth feftion of the firtt article
of the conflitution into effeft," does not extend to the attornies, executors or legal reprefentatives of thofe pedons who. held receipts or documents for monies depolked under the ufurped al of the feventh day of January, one thoufand feven hundred and ninety-five, it being a requifite in the faid aft for the perfon applying to make oath, that the receipt produced is the original receipt given at the time the money was

paid :

2. Be it in GeneralT powers, or

AeenJ.xJareretctmeudotiotyiylrysmthaeent.'dSaeannd,aam1tebm/1y.a,, i1 ltnthrdeataoHurstohiuoofrerritody\ efocJRferaetlphreterd-eIfItehranomtl1ad1ete,irvsenl,nshi amnotfal1atl1httenoo(rltnaiteibeseoowfb1iGlt1 ihige-eo1 lidreggtiaoal

eActttomrn-sie,&s, ce.xnustmcio*menpell|e|'d

make oath, that the money fignified in the receipt or document produced was bonaf.de papera,&c

paid at the time the receipt was given, but (hall be entitled to a return of depolit on

returning into the treafury the original receipt of the treafurer, grantee or grantees,

Ins or their agent or agents, or fuch other documents under their or either of their

hands, as may tend to an acknowledgment of receipt on equitable conftruftion of

that aft, and making oath as therein mentioned, that he, me or they hath or have

therewith returned in all documents or pretended title thereto appertaining within their

cuftody, power, poffeffion or knowledge, fo far as refpefts the receipt or document

returned, and that they believe the money was It ana fide depofited by the principal gi

ving fuch power, tettator or inteftate, under whofe title they refpeftively aft, and that

to the belt of their knowledge and belief the receipt or documents lodged is or are

the genuine receipts or documents originally given by the treafurer, grantee or gran

tees, his or their agent or agents, or any other perfon or perfons who hath or have

depofited monies under the faid ufurped aft:

Provided always^ That where attornies only (hall apply, the powers from their prin- Proviso,

cipal fhall difclaim and renounce all pretended title to the faid pretended fales of

Weftern Territory of this flate, and declare therein that fuch attorney is in poffeifion

of all receipts, titles or documents appertaining thereto; which power fhall be ac

knowledged before fome magiftrate or notary public of this or the United States.

3. And be it further enaBed, That perfons holding papers called citizens' rights, or citizens'rights

original treafury receipts, fhall in all cafes be entitled to a return of depolit on pro- Sept's"'81 ""

ducing and lodging the fame as by the faid aft direted, on making oath that they have

584

.

WESTERN TERRITORY.

paid a lona fide confideration therefor, and believe the receipt produced is the genuine

original receipt of the treafurer.

DAVID MERIWETHER, Speaker of the Houfe of Rcprefcnlalivcs.

, DAVID EMANUEL, Prejident of the Senate.

Aflentcd to December 6, 1799.

JAMES JACKSON, Governor.

.'

An aB to carry the twenty-third feBion of the firjt article of the constitution into 6pc* ration.*
i. Tiff THERE AS the twenty-third fefljon of the firft article of the conftitution, V V fpeaking of the powers of the legillature, is in the words following, to wit s
". They ft all have power to alter the boundaries of the prefent counties, and to lay off new ones, as well out of the counties already laid ofl, as out of the other territory belonging to the ftatc; but the property of the foil, in a free government, being one of the effential rights of a free people, it is neceffary in order to avoid difputes that the limits of this Hate fhouldbe afcertained with precision and exaftnefs, and this con vention compofed of the immediate reprcfentatives of the people, chofen by them to alien their rights, and tq revife the powers given by them to the government, and from whofe will and ruling authority of right flows 5 Doth affent and declare the boundaries of this ftate to be as follow. That is to fay, the limits', boundaries, jurifdiftions, and authority of the ftate of Georgia, do and did, and of right ought to extend from the fea, or mouth of the river Savannah, along the northern branch or ftream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the moft northern branch or ftream of the faid river Tugalo, till it interfefts the northern boundary line of South-Carolina, if the faid branch or ftream of Tugalo extends fo far north, referving all the iflands in the faid ri vers Savannah and Tugalo to Georgia, but if the head Spring or fource of any branch or ftrearn of the faid river Tugalo does not extend to the north boundary line of Souths Carolina, then a weft line to the Miffifippi to be drawn from the head fpring or fource of the faid branch or ilream of Tugalo River* which extends to the higheft northern lat itude; thence down the middle of the faid river Miffifippi until it fhall interfct the northernmoft part of the thirty-firft degree of north latitude ; fouth by a line drawn due eaft from the termination of the line laft mentioned, in the latitude of thirty-one de grees north of the equator, to the middle of the river Appalachicola or Chatahouehee; thence along the middle thereof 1o its junction with Flint River; thence ftraight to the head of St, Mary's River; and thence along the middle of St. Mary's River to the Atlantic Ocean; and from thence to the mouth or inlet of Savannah River, the place-of beginning; including and comprehending all the lands and waters within the faid limits^ boundaries and jurifdiclional rights, and alfo all iflands within twenty leagues of the fea coaft. And this convention doth further declare and aflent, that all the territory without the prefent temporary line and within the limits aforcfaid, is now of right the property of the free citizens of this ftate. and held by them in ibvereignty
* This aft repealed in part by aft of 1800*

WESTERN TERRITORY.

385

e but by their content: Provided nevcrtkekfs, That, nothing herein contain- prov"*'

'ed (hail be conftrued fo as to prevent a fale to or contract with the United States by

the legiflature of this ftate, of and for all or any part of the Weftern Territory of this

ft ate, lying weftward of the river Chatahoucheej or! fuch terms as may be beneficial

to both parties; and may procure an extenfion of fettlernent-and an cxtinguilhroent

of Indian claims in and to the vacant territory of this ftate to the e'aft and north of

the faid river Chatahouchee, to which territory fuch power of contract or fale by the

legiflature mail not extend :' And provided a/fo, the legiflature may give its confent to p^iri,

the eftablifhrnent of one or more governments weftward thereof; but monopolies of

land by individuals being contrary to the fpirit of our free government,, no fale of

territory of this ftate, or any part thereof, fhall take place to individuals, or private

companies, unlefs a county or counties ihall have been firft laid oft' including fuch ter- .

ritory and the Indian rights fhall have been extinguished thereto." And whereas it

will much add to the, harmony of the Union and tranqui'lity of the citizens of this

ftate, to carry the-powers thereby given to the. legiflature, of felling the territory be

longing to this ftate weftward of the Chatahouchee to the United States into opera

tion. 2. BeitenaBed, That Abraham Baldwin, Tames Tones arid Beniamin Taliaferro, commim<wi
tiqrs. representatives off th\ is intatem congreirs, o' r a ma'jori.ty ori- thi em, Ibe and they are a^p'p^oi.nTtedgto

hereby authorized and empowered, to meet any perfon or perfons who maybe ap- congress,

pointed on the part of the United States, and they are hereby properly and duly au

thorized as commiffioners on the part of the ftate of Georgia j with him or them, to

treat, confult, conclude and agree for the fale of all or any part of the territory with

in the conftitutional limits of this ftate, weftward of a line, beginning at a point in

the middle of the river Chatahouchee, where it fhall be interfered by the thirty-firft

degree of north latitude; thence up the laid river to the moil wefteni bend thereof;

thence a clue north line to the northern boundary of this ftate, including all the ifiands

in the faid river, and rcferving the navigation of the faid river fo far as the faid line

fhall extend thereon, alike free to the citizens of the United States as thofe of the

ftate of Georgia, on fuch terms and reafonable compenfation for the fame as may be

beneficial to both parties^ and fhall procure to this ftate all the land eaft and north of

the aforefaid line within a reafonable timej via. not exceeding the term of three years$

.all the land lying and being between (he Oconceand Oakrnulgee rivers, and a line to

be run from the head fource of the faid Oakmulgee River along the ridge dividing

she waters of the fame., from the waters of the Chatahouchee River., to the Curry-

bee Mountain; and not to exceed the term of ten years, all the land eaft of the

aforefaid river and line, the fame to be obtained and the Indian rights thereto cxtin-

guifhed by, and at the fole expence of the faid United States, and on fuch agreement

and ratification of the fame by thecongrefs of the United States, full and ample deeds of

ceflion and fale, as well of territorial, as jurifdifclional rights, and of all claims, or

.demands of this ftate of, in or to, the territory fo concluded on to be fold, to iign,

ieal, execute and deliver to the United States, to hold the lame to the faid United

S:tates in fovereig.nty forever,

... "

3. Provided always and b:e it further .en-acted, That the faid United States^ fhall obtain coniil:

within three years reftore to this ftate all that tract of country called and known by "***

the name of the Talliffee county., which was purchafed of the Creek Indians by this

ftate, .at a treaty held with the faid Indians, at Galphinton on the twelfth day of No- -

y.embe-r, in _the year of our Lord on.e thoufand ['even hundred and eighty-five,, and

42



'

WESTERN TERRITORY,
which was ceded by the United States to the faid Indians, by the treaty of NewYork, in contravention of the faid treaty of Galphinton ; -and this General Afl'embly doth hereby unequivocally declare that the faid traft of country is and of right doth belong to this ftate, by virtue of, and as derived from the compaft. aforefaid. And provided, That whenever the territory ceded as aforefaid, {hall con tain a number of inhabitants fufficient to entitle them to a reprefentative in the congrefs of the United States; agreeably to the principle eftablifhed in the condition thereof for regulating the reprefentation of the ftates, now in the Union, that then the faid inhabitants fhall be entitled to a reprefentation in the congrets of the United States^ and mall be received into the Union as an independent ftate and fhall be entitled to every right granted and fecured by the faid conftitution to the ftates therein named,
DAVID MERIWETHER, Speaker of the Houfe of Representatives. ROBERT WALTON, Prefident of the Senate. Aflentedto, February 15, 1799. JAMES JACKSON, Governor.

preamble;

An aft to amend an aft entitled " An att to ..carry the twenty-third feSion of the firjl article of the conftitution into operation jo far as relates to the powers vefled by the fame in the honorable Abraham Baldwin^ James Jones and Benjamin Taliaferro^ efq. commijfioners on the fart of Georgia^ to make a cejfion of part oftheimlocated territory of faid Jlate to the United States,"

i. "\~K 7 HERE AS the powers vefted by the above recited aft in the faid eornmifcommisstoners * * fioners have been found too limited to enable them to carry the fame into Siuhetwlst0ernP era^on : ^ e ^ therefore enaBed by the Senate and Honfe of Representatives in Gen"ungS.40 era>l Affembly met, That the honorable Abraham Baldwin, James Jones, Benjamin
Taliaferro and James Jackfon, efq. representatives of this ftate in congreis, or a majority of them, be and are hereby authorized and empowered to meet any perfon or perfons who now are, or hereafter may be appointed on the part of the Uni ted States; and they are hereby duly authorized and empowered as commiffioher.s on the part of Georgia, with full and unlimited powers to treaty confult, conclude and agree for the fale of all or any part of territory within the conftitutio.nal limits of this ftate, weft of a line commencing at a point upon our northern boundary line, where Crow Creek, a branch of Tenneffee River, interfefts the fame, running from thence in a direft courfe to fall upon the thirty-firft degree of north latitude, {evenly geo graphical miles weft of the Chatahouchee river, on fuch terms and reafonable comKorean^ penfation forthe fame as may be beneficial to both parties, and fliall procure to this * wt*' ftate ail the land eaft and north of the aforefaid line, within a reafonable time,
2. And be it further enaded, That all laws and claufes of laws militating againft .this aft. fhall be and are hereby repealed.
DAVID MERIWETHER, Speaker of the Haufe of Reprefentatives. DAVID EMANUEL, Prefident of the Senate, Affented to December 2, 1800. JAMES JACKSON, Governor,

WHARFS, SHIPPING AND PILOTAGE.

587

An ail to regulate the wharfs and flipping in ikefeveral ports of this province, and afcertawing the rates of'wharfage, offtripping andjtorage, and alfo the duty of an har bor majler for the port of Savannah, and to authorize thefaid harbor majler^ to put in force an aft entitled an ail to amend an #$, to prevent perfons throwing ballajl or rubbijh or falling trees into the rivers and navigable creeks within this province^ and for keeping dear the, channels of the fame.

i.T 7S 7HEREAS the increafe of trade, and quantity of produce brought for fale to VV the f'everal ports of this, province, require a regulation in the rates of wharf
age and ttorage, and the number of veflels referring to the faid ports, and in particu lar to the port of Savannah, makes it neceflary to have fome perfon appointed to over look, and regulate fuch .veflels while in the faid port. Be it enaffied, That from and immediately after thepaffing of this al, the feveral owners and occupiers of wharfs in the feveral ports of this province, {hall be allowed to charge, demand, and receive the feveral rates herein after mentioned, for the wharfage of fhipping, merchandize and florage, and no more, that is to fay,

S - &
For every fhip, fnow, brigantirie or bylander loading at a wharf, one (hil

ling and fourpence each day

014

For every fuch veflel lying and not loading at a wharf, two millings and

eightpence each day

028

For every (loop or fchooner (coafters trading from one part of this pro-

vince to another only excepted,) loading at a wharf, tenpence each

day

o o 10.

For every (loop or fchooner iying and not loading at a wharf, one (hil

ling and eightpence each day

.018

And for the wharfage of goods, landed or laden from one veflel to ano

ther at any wharf as follows,

For every barrel or half barrel of rice or other grain, every barrel of tur

pentine, roiin, tar, beef, pork, beer, cider, fmall barrels of bread,

and barrels of the like fize of any other goods, dry goods excepted9

one penny

oo i

for every barrel, cafk, box or other package of jrrdigo, twopence

902

For corn, peafe, oats, and other grain not in barrels, landed or taken in

from any veflel, by any other veffel lying at a wharf, and for

fait landed or Ipaden on board any other ycfiel, for every one hupr

dred bufhels, one'.{hilling

oio

For every thoufand feet of inch, three quarter inch and feather edge

boards, and in proportion for plank, timber and oars reduced to inch

imeafure, landed or taken from veffels or rafts by any veflel lying at a

wharf, ne milling

,,,,

OiG

For every thoufand of mingles and canes landed pAaken in from boats

or rafts, fixpence

oO6

For every thoufand of barrel heading and barrel ftaves ? landed or taken

in as is above mentioned, ninepence

009

For every thoufand of bogmead ftaves, heading or hoops, one (hilling o i p

For every thoufand of pipe flayes .and handfpikes? one Chilling and fix-

pence

'

o <5'.i

p0r every thpiifand of butt ftaves? two {hillings

o. p 8

I

WHARFS, SHIPPING AND PILOTAGE,

- j, .

For every cord of firewood, fourpence

.

oo4

For every cord of tanner's bark, fourpence

004

For every thoufand.of bricks or hearth tiles, fixpence

O- o 6;

For every article herein before enumerated, that fhall lay longer than one

week upon any wharf, the whole wharfage before rated each week.

For every tierce of fliip bread, hogfhead of wine, and other goods in

hogfheads and tierces of about fixty-three gallons, one penny half

penny

O o i-|-

For every hogfhead of rum, pipe of wine, and other goods in hogfheads

and pipes of about one hundred and twenty gallons, threepence

003

For every hogfhead of fugar of one thoufand weight and under, four-

pence

004

For every hogfhead of fugar of above one thoufand weight, fixpence o o &

For every one hundred weight of hemp, one penny

OOi

For every ton of logwood, fuftic, HgnumvitEe, or brafiletto, landed or

loaded from any veffel at any wharf, and not lying above one week,

fixpence

o o 6"

And for every week after, fixpence

006

For every ton of the like wood taken in by one veffel from another lying

at,a wharf, threepence

,

003

For every hundred feet of mahogany and other heavy wood accounting

inch meafure, that fhall not lay longer on a wharf than one weeky .

one penny halfpenny

o o !

For every ton of iron and other heavy goods, fourpence

004

For lime, at the rate of eightpence each hundred bufhels

o 08

For every large bale, hogfhead, tierce or vat of the like fize, threepence o o 3:

For every cale, trunk, cafecheft, box, bundle, coil of aordage, or ham

per, one penny

oo*

For every coach or other four-wheeled carriage, one (hilling and-fix-

pence

or 6>

For every riding chair or chaife, ninepence

O o 9-

For every pot, fkillet, jug or keg of fhot or paint not enclofed in any

package, each dozen twopence

002-

For every grind or quern ftone, one halfpenny

o o .-%

For every keg of bread, flour, butter, tallow, lard and fueh like arti- '

cles, fourpenee each dozen

004

For every barrel of one hundred weight of gunpowder, twopence and

in proportion for fmalier barrels of the fame

ooa

For every ton of coals, fourpence

004

For every week after the firft week that it fhall lie on the wharf, twopence o o ss.

For every hundred of pawing or Bermuda ftones, fourpence

Oo4

For every hundred of raw or tanned hides, one fhilling and fixpence5

and fo in proportion for raw or tanned fides

Q- i &

For every thoufand pounds weight, and in proportion for fmalier quan

tities of hay or corn blades, fourpence

O' O 4:

For every other article of goods not before enumerated; at the rate of

fourpence each ton?, according to weight or meafure

o O' <f

WHARFS, SHIPPING AND PILOTAGE.

58.9

. 5. d,

For every fpecies of goods the fame rates and allowances as for landing^ ,,

and for the weighing of goods and merchandize, that is to fay,

For every barrel of rice or turpentine, weighing three hundred and fe-

venty-five pounds and upwards, not exceeding f'even hundred pounds

grofs, one penny

.

ooj

For every tierce, barrel or hogfhead of any kind of goods, upwards of

feven hundred pounds, and not exceeding eleven hundred pounds,

(indigo excepted) ninepence

.

OO9

For every hogfhead or caflc of any kind of goods, weighing upwards

of eleven hundred pounds, per hundred weight, one penny

ool

For every ton of fuftic, logwood, brafiletto, lignumvitae or other

wood per ton weight, two /hillings and twopence

022

For every ton of iron or other heavy goods, one {hilling and fix-

pence

016

For every draught of deer fkins, hemp, foreign bark or any other kind

of goods, not weighing upwards of two hundred and fifty pounds,

twopence halfpenny

,

,

G o ajr

For every draught above two hundred and fifty pounds of fuch like

goods, fourpence

004

For every draught or package above two hundred and fifty pounds weight

and not exceeding frve hundred pounds weight when more than one

is weighed, fivepence

r

005

For every barrel, hogfhead or other package of indigo, threepence

003

And for the Storage of goods, that is to fay,

For every barrel or other cafk or package of indigo each hundred weight

per week, one penny

ool

For every hogfhead, tierce, barrel, large trunk, cafe or bale of any goods

that fliall be put into any ftore for one or more nights not exceeding

one weekj fivepence

OOg

For every week or part of a week, after the fame rate as above.

For every fmaller cafk, box, bag, or other package of fuch goods, one

or more nights not exceeding one week, twopence halfpenny and for

every week or part of a week after at the fame rate.

For every hogfhead of rum, pipe of wine, tierce or hogfhead of bottled

liquor, and for every hogfhead or large tierce of fugar per week, five-

pence

005

And for every week or part of a week after fourpence

004

For every whole barrel of rice not exceeding fix hundred and fifty pounds

grofs, for the firft and laft week, one penny halfpenny

o O l

And for every intervening week per barrel, one penny

oOl

For every half barrel of rice, barrel of pork, beef, bread, and other bar

rels and packages not before rated, not weighing above three hundred

and feventy-five pounds grofs, for the firft and laft week, one penny" o O 1

And for every intervening week, one halfpenny

O 0 Oj

And in proportion to the foregoing rates for every other article not enu

merated above, according to fize and weight.

2. And whereas, fome regulation is neceffary to be made with refpeft to the motor

ing of fhips or veffels at the faid wharfs and in the river before the faid town of Sa

590

WHARFS, SHIPPING AND PILOTAGE.

blfmcHStown vannah, Be it therefore further enabled, That all veffels lying in the river Savannah

'lowS'lw 11' before the faid town, common or hamlets of Yamacraw, and the truftees' gardens, and

not loading at any wharf, fhall be properly moored head and ftern as near the bank

on the north fide of the faid river as conveniently may be, and that no. veffel whate

ver not loaded as aforefaid, mall be permitted to lie and take.in her loading in the

to'supSeni middle of the faid river on any pretence whatfoever; and that the harbor mafter of

the laid port of Savannah do from time to time give notice to any mafter of a veffel

who fhall not comply herewith, and upon his refufal or negleft fhall proceed againft

the offenders as herein after is direfted.

\yho shall em ploy persons to

3. And be it enafled by the authority aforefaid, That in cafe any veffel properly-

moored in the faid river and within the limits above mentioned, fhall be overlaid by

rcp^twemy the cable of any other veffel, except in fqualls or ftorms of wind, the mafter or

to.

commander ofthe vefiel fo overlaying fhall, upon application made to him by any perlbu

belonging to the veflel fo overlaid, raife his anchor and moor properly; and in cafe of his

refufal fo to do, it fhall be lawful to and for the harbor mafter to employ men and

boats to raife fuch anchor at the expence of the party refuting, who {hall likewifepay

fato"ievccmn tne ^a ^ harbor mafter one pound for his trouble therein ; and the faid harbor mafter

wsiT&u into i-s hereby authorized and required to put in force the aft entitled '*An aft to amend

rivers. an aQ. to p revent perfons throwing ballaft or rubbifh, or falling trees into the rivers

and navigable creeks within this province and for keeping clear the channels of the

fame,"

Stfirowinl5" 4- -4 nd whereas, mafters of veffels do frequently difcharge their ballaft in the river

vSn'aii'Ri'veri Savannah before they come up to the town under the pretence of lighting their veflehs;

>MW to be mat- g e ^ enabled by the authority aforefaid^ That any matter of a veflel fo difcharging his

ballaft contrary to the direction of the above mentioned aft entitled "An aft to amend an

aft to prevent perfons throwipg ballaft, or rabbiih or falling trees into the rivers and

navigable creeks within this province and for keeping clear the channels of the fame, {hall

be proceeded againft and be liable to the feveral penalties as direfted in the faid aft; and

the harbor mafter is hereby required to give information, upon oath, to the chief

ilafnforSTMct juflice or one of the .affiftant juftiees of the general court of this province, as ibors

oath.

as ^ j-ame fh^Hcomfi to his knowledge, of all and every offence or offences that {hall

be committed againft the faid before recited aft.

Mfftor fovfJfs" 5' -And be it further enacted) That all and every matter or mafters of veffels, who

0undan<ml!fm- ma^ negleft or refufe to comply with the feveral regulations of this aft not provided for

wHiuS^ by tne ^s to prevent perfons throwing ballaft, or rubbifh, or falling trees into the rir

vers or navigable creeks, mall forfeit and pay the fum of one hundred pounds, to be

recovered and applied as herein after is direfted.

Harbor mastey

6. 4nd beet further enaffed, That the faid harbor mafter {hall from time to'time inthe feveral wharfs erefted or to be creeled, and in cafe any owner, occupier, or

fhall have offended againft this aft, and upon notice thereof to him given {hall

not comply therewith, the laid harbor mafter is hereby direfted to proceed according

to the direftions herein mentioned and expreffed.

.

Amidedde.dis- 'J And be itfw'thcr enatted, That all difputes and differences which may arife be-

SiSereoFTM- tween matters of veffels or wharfingers, relating to the hauling in or hauling off

Sger",11 wharf'of any fuch veffe! to or from any wharf or wharfs, or in mooring fuch veflel, fhall

be referred to and immediately decided by the faid harbor mafter.

An*examine ^' ^ n^ ^ ^further enabled. That no vacant, fpac.e of public landing under the Bluff

tucpuSiSid-f the town of Savannah, at the'end of oroppofitetoany ftrect, ihall be encumbered with

%>

any lumber or thing whatfoever, on pain that fuch lumber or thing whatfoever f

WHARFS, SHIPPING AND PILOTAGE.

.59*

encumbering any public landing as aforefaid, (hall be forfeited feized on and fold by the harbor mafter, if not removed in twenty-four hours after notice fhall be given by the (aid harbor mafter to the owner, or the perfon who hall have the charge of fuch lumber, or other thing, or who fhall have encumbered, or caufe to be encumbered, any fuch public landing therewith, and the monies arifing from the fale of any fuch lumber or thing whatfoever, after deducing the charges of feizing and felling the fame, fhall be applied in manner herein after directed.
9. And be it further enabled, That the faid harbor mailer fhall, before he enters And ,,,,,,, be upon the execution of his office, take and fubfcribe the following oath before one of SWMnthe juftices of the peace for the parifh of Chrift Church, who is hereby empowered to adminifter and give a certificate of the fame, to wit : " I, A. B. do folernnly fwear m>oth. that I will to the beft of my (kill, knowledge and ability, without partiality or preju dice, execute the office and perform the duty of harbor mafter in the town and port of Savannah, as directed in and by an aft of the General Affembly, entitled " An aft for regulating and afcertaining the rates of the wharfage of (hipping, merchandize, and ttorage in the ieveral ports, and the duty of an harbor mafter for the port of Sa vannah, and that I will alfo put in force another act of the General Affembly enti tled an aft, to amend an aft to prevent perfons throwing ballad, or rubbifh, or falling trees into the rivers and navigable creeks within this province, and for keeping clear the channels of the fame according to the power verted in me by the before recited aft, and that I will perform the faid duty without delay, and put the faid aft in full force and effcft according to the tenor and meaning thereof, and direftions to me therein given. So help me God." And the faid harbor mafter is hereby authorized to receive from the malter or commander of every veffel coming into the port of Sa vannah, the fees following, that is to fay, for every (hip, fnow, brigantine or bylander insfces, the fum of five (hillings, and for every (loop or fchooner (coafters trading from one part of this province to another only excepted) the fum of three (hillings.
10. And be it further enabled, That all the penalties hereby inflifted or forfeitures FlncS)&c-llI,OW hereby declared, under the fum of eight pounds, (hall be recovered by warrant ofIp'jfiTeciT1 aand diftrefs and fale of the offender's goods, under the hands and feals of any two juftices of the peace for the parifh of Chrift Church, and before whom proof thereof fhall be made by the faid harbor matter; and where the fame fhall amount to more than eight pounds, the faid harbor mafter is hereby enabled to fue for and recover the fame in any court of record in this province, by aftion of debt, bill, plaint or information, and that this aft (hall be taken in evidence without fpecial plea; and the faid penal ties and forfeitures when recovered to be paid to the public treafurer, and applied as the General Affembly (hall hereafter direft; and if any perfon fhall be (lied for any aft, matter or thing done in purfuance thereof, that this aft and the fpecial matter thereof fhall be given in evidence on the general iffue, and upon fuch fu it being dif- si,aii piea<itiie continued or judgment paffing againft the plaintiff therein, the defendant (hall reco- Bene'aHsbUever double cofts.
11.* And be it further enabled. That the clerk of the market fhall, once in every fS'^Mmre/ three months, examine all fcales-, weights and meafures ufed on the wharfs, and that ihj>; S the fame be agreeable to the (tandards in his care, and in default thereof (hall forfeit and pay into the hands of the commiffioners of the market of the town of Savannah a fum not exceeding two pounds, to be applied as herein before is directed.

* Vefted .in the corporation-of Savannah. See ail of 1789.

593

WHARFS, SHIPPING AND PILOTAGE,

12. And in order to prevent frauds and deceits being committed in the of rice and other commodities, Be it enafted^ That every wharfinger or any other peifon employed by him, fhall, previous to the undertaking fuch bufinefs, be f worn before any of his majefty's j unices of the peace within the faid province, faithfully to execute the fame, and fhall weigh the faid enumerated goods, and deliver an exacl .and. true account of all goods by him weighed, to the. parties, if required; and in rS!-l-igta"E cafe any perfon or perfohs fhall be found to have falfe weights or meafures, and uni,0uumkten der the faid Itandard, every fuch perfon or perfons fliall forfeit and pay the fum of ten pounds for ever fuch offence) to be recovered as herein before is directed.
ig. And be it further enabled, That this aft fhall be and continue in force for and during the term of three years, and from thence to the end of the then next feffion of the. General Affembly, and no longer!
By order of the Common Houfe of Affembly.
WILLIAM YOUNG, Speaker. By order of the Upper Houfe.
JAMES HABERSHAM, Pre/tdeai, Council Chamber, 1 2th of March,
JAMES .W.R1GHT,

An aSl to regulate the pilotage of vej/eh to and from the feveral ports of thisfUttc,
i. TTf 7'HEREAS it is highly neceffary for the fafety of all (hips and veffcls bound y Y inward to and outward from the feveral ports of this ftate, that there ihould
be a fufficient number of fkilf'ul and able pilots conflituted and appointed for the bringing in and carrying out the fame: for the more expeditious and effectual per.". %iot^c*p-' formance of which, Be it enacted by the Senate and Houfe 'of Reprefentatives of the yomted. J}ale of Georgia in General Affembly met,, and by the authority of the fame. That the feveral perfons herein after named be coiwmiflioners for the regulation of pilots, rates, For the t of and all matters relating to the pilotage for the ports herein after mentioned, viz. for the bar of Tybee and river Savannah, and for the feveral bars and inlets lying to the northward of St. Catharine's Bar, Richard Way tie, Alexander Watt, William Hun ter, James Robertfon, in the room of George Parker, deceafed* and William Belcher; Forni bwor ^or tn ^ ar ^ ^" Catharine's and river Midway, and for the feveral bars and inlets at,Catharine's, to (he fbuthward of St. Catharine's Bar as far as Turtle River, John Lawfon, fen. Adam Alexander, Alexander Forrefter, James Montfbrt and John Cooper, of St. Forobof Simon's; and for the bar of St. Mary's, and for all the bars and inlets north of the ar> "' faid Turtle River, James Seagrove, Thomas King, William Johnfon, Harrifon CarStc'pS&n" ter 5 ap-d Phinehas Miller. Three of each refpeflively are hereby declared to be a quoHccnscthem. rum> and who are hereby empowered to nominate, appoint and licenfe fuch perfon or perfons, as they fhall think to be moft At and competent to ad as pilots for the conducing of veffels inward and outward from the feveral ports for which they fhall be licenfed,. during their good behaviour feverally and refpeQively. And if there fhall happen to be a deficiency of the faid number of five commiflioners refpeQively $ by death, refignation or departure out of this ftate, the furviv'ing orrcmaining numbcrs in fuch cafe, fhall apply to the governor or commander in chief for the time be*'

WHARFS, SHIPPING AND PILOTAGE.

ing, who is hereby empowered to appoint a new commiffioner or commifiioners to

fill any vacancy that (hall fo happen, and fo on from time to time, .and at all time*

hereafter, whensoever there ill all be a deficiency of the laid number of five commif

fioners for each diflrift.

2. And be itfurther enabled by the authority aforefaid^ That from and after the paf-

fing of this acl, no perfon fhall be entitled to receive any fee gratuity or reward for'""''"""''

condufling or piloting any veffel inward to, or outward from any of the ports or

harbors for which a pilot fhall be licenfed, unlefs fuch perfon is properly nominated*

appointed and licenfed by the commiffioners of the port where fuch veffel is bound

to, or going from, and that no perfon may meddlq interfere; or difturb the licenfed

pilots in the way of their duty*

q. Be it further enabled by the authority aforefaid. That any nerfon or psrfons acl- penalty fbf

i ng or pretend7i-ng to acnt as a pi-li ot or pi-liots Jwi t,hout-hi aving proper authi ority, frrom thI e Home/

commiffioners aforefaid, fhall for every fuch offence be fubjecl to a fine, not excee

ding one hundred dollars, at the difcretion of the commiffioners of the port, or a

majority of them, who are hereby authorized to a fiefs fuch fine, and inforce the pay

ment, or imprifbnment of the party offending, in the fame manner and time, as is

heretofore pointed out for recovering fines, from pilots or matters of veffels, not wil

ling to abide by the award or decree of the commiffioners of pilotage, any law, cuf-

tom, or ufage to the contrary of this acl notwithstanding*

4. And be it further enacled by the authority aforefaid,, That every pilot or pilots,

warranted or to be warranted or licenfed as aforefaid, fhall enter into bond with the nty'

commiffioners of pilotage, with two or more fecurities in the penalty of two thoufand

dollars to his honor the governor and his fucceflbrs for the due execution of their of

fice, and fhall take and fubfcribe the following oath, to be tendered by the faid com

miffioners, or any quorum of them, for the time being, before the faid pilot or pi-

Jots fhall be entitled to receive any fee or reward, in that capacity, viz,

"I, A. 2?. appointed pilot for the port and harbor of

do (blemnly and fin-An*taked

rereiy fwear^ that I will well and truly execute and difcharge the bufinefs and duty of atl1'

a pilot in the faid port and harbor of

, according to the beft of my fkill and

knowledge, and that I will at all times (wind and weather permitting) ufe my beft en

deavors to repair on board all fhips and veflels that I fhall conceive to be bound for,

coming into, or going out of the faid port or harbor of

that appears to want

a pilot; and dp further fwear, that I will from time to time, and at all times, make

;he belt delpatch in my power, to carry fafely out, or bring over the bar,

and

to die place of difcharge, every (hip or veffel committed to my care; and that I will

from time to time, truly obferve, fulfil and follow to the beft of my fkill, ability, and

knowledge all fuch orders as I fhall from time to time receive from the commiflion-

oi s of pilotage or the major part of them, in all matters and things relating to the bu-

jinefspf a pilot."

.

, r-,. And be it further eiiatted by the authority aforefaid, That in cafe any damage. n'^rensi

difpute, complaint, or difference mall happen or arife, or be made againft, or. be- ^%TM^

(ween any matter or pilot for, or concerning the pilotage of any fhip or veflel, or ^TMmj.

any other matter incident, of or relative to the bulincfs, or care of a pilot, in any of

the faid harbors, all fuch damages, difputes* complaints, differences, (when the claim

docs not exceed one hundred dollars) are hereby ordered to be heard and determined

- by the commiffioners or a majority of ihfiin, appointed for the care of the pilotage,

where fuch damage, or difpute fhall happen, who by their dec' ree, arbitrament, or or-*

S94

WHARFS, SHIPPING AND PILOTAGE.

tier, fliall and may lawfully decide, adjuft, and regulate every fuch damage, difpute, complaint or difference, and if either of the faid parties, mafter or p1 ilot fliall refufe to abide by,fulfil, or per form the decree, or order,or other adjudication of the faid commif fioners or a majority of them,who fhall hear anddeterminethe fame, the party fo refuting {hall be fubject, in addition to the former award, to the penalty of not exceeding one hundred dollars, as the faid cornmiflioners or a majority of them fliall think proper to adjudge, the whole to be levied by warrant of diftrefs under the hand and leal of the faid commiffioners or any three of them, and fale of the offender's goods, and fuch part of the faid award and penalty fo inflicted and recovered as the cornmiflioners inflitting the fame, fliall think reafonableto fatisfy any damage the party aggrieved fliall fuffer by fuch neglect, act, matter or thing as aforefaid, fhall be paid to the party ag grieved, and the remainder to be applied for improving the navigation of the port and harbor where fuch penalty is recovered ; and in cafe of default of payment, of fuch award and penalty, and no property to be found belonging to the party offend ing, then and in that cafe an attachment fliall go in like manner under the hand and feal of the faid commiffioners, or any three of them, againft the perfon of the party fo re filling, who is hereby to be kept in prifon for a term not exceeding fix months, with out bail or rnainprize, any thing in this, or any former aft to the contrary notwithftanding. KMS answer*. 6. And be it further enaffed by the authority aforefaid, That if any fliip or veffe'l hip[en?ng1ftoS whatfoever or the cargo and freight therein contained, fliall happen to receive any damage or mifcarriage, or be loft through the neglect, infufficien-cy, or default of, or in any of the pilots for any of the faid harbors, after fuch pilot takes charge of the fame, and the claim exceeds one hundred dollars, the faid pilot fliall in fuch cafe, on conviction thereof in any court of record, in this ftatc, be obliged to anfwer and fcH'Hleco- make good to the fufferers, or to the mafter of fuch fliip or veffel, all and every the ofreconrd.court damages and loffes which he, or they fliall fuftain through the faid pilots neglect or default in any manner or wile whatfoever. commissioners 7. And be it further matted by the authority aforefaid, That if any of the pilots for tMsy/romBmce" the ports aforefaid for the time being, fhall be found not fufficiently {killed, or fliall become incapable of acting, or fliall be negligent, or miibehave in his duty towards the commiffioners, or any one of them, then and in.fuch cafe the commiilioners of the port or harbor for which fuch pilot is licenfed, fhall annul or revoke the warrant or licenfe of every fuch incapable or offending pilot, who {hall thenceforth be totally fufpended, and be deemed incapable to receive and take any fee, gratuity, or reward, for the guiding or piloting of any fliip or veffel in ward to, or outward from any of the faid ports; and if fuch fufpended pilot fhall under any pretence whatfoever,. pilot or at tempt to pilot any fliip or veffel inwards to, or outwards from any of the aforefaid ports, he fliall on due proof thereof before the commiffioners or a majority of them; be {iibjetl to a fine for every fuch offence not exceeding one hundred dollars. lK'"inTfto ^' ^ n^ ^e itfurthfr enabled by the authority aforefaid, That any perfon, mafter or enbcmd pcim- commander that fhall bring any fliip or veffel to any of the bars or the coaft of any p.1iJfees!0!"'y lC tne feid harbors, and fliall refufe to receive on board any warranted or licenfed pi-, lot, the faid perfon, mafter or commander, fo refuting and afterwards bringing in the faid fhip or veflel into any of the ports aforefaid, {hall and is hereby made liable to pay the pilot firft offering to come on board fliip or veffel without the bar, to take charge thereof as pilot, the fame rates, dues, and payments, as are herein after par-ticularly expreffed and provided, and to be paid in the fame manner, as if the faid pi-

WHARFS, SHIPPING AND PILOTAGE.

595

lot had aQually piloted the fame fhip or veffel into any of the faid ports or har

bors.

('

.9. And be itfurther enatted by the authority aforefaid, That the mafter or comman- lta,i payt*

der of any fliip or veflel for the confederation of the pilotage of the faid fhip or vef-S^Km-

fel inward to, or outward from any of the ports or harbors aforefaid, ill all pay un-JUSalc"*'

to the licenfed pilot that fhall take charge of the fame, the feveral fuiti and fums of

money, rates, and prices as are eftablifhed by the board of coinmiffioners, as fall and

ample fatisfafction unto the faid pilot, for his care and charge in bringing in, or carry

ing put every fuch fhip or veflel; and if any licenfedpilot fhail alked or demand more

fees for his fervices than is fpecifiedin the rates of pilotage, on due proof thereof be

fore the commiffioners or a majority of them, he fhaii forfeit double the amount of

fuch veffel's pilotage.

10- And he it further enatted by the authority aforefaid, To encourage as much as,rh(!p.u, whi

may be pilots to attend the bars, that all and every licenfed pilot bringing any veflel fafe -^^Sri

from fea, fliall have the preference of bringing fuch Ihip or veflel. up and down the ^toSSu"*

river, and to fea again, provided they give their attendance and are duly qualified, Uoutl

and if any mafter or owner of any veffel in the port employ any other pilot to carry

his veffel down the river or to the fea, but the pilot who brought her in, or one be

longing to the fame boat, unlefs good and fufficient caufe mall appear therefor, on due

proof thereof before the commiffioners, fhall be liable to a fine not exceeding one

hundred dollars, one half to the pilot claiming, the pilotage of the veflel'; but mould

fuch pilot neglect or refufe to attend and carry down faid fhip or veflel when ready for

fea (wind, weather and tide permitting) and thereunto required by the mafter, owner

or confignee, mail, on conviction thereof before the board of commiffioners, forfeit

the upper pilotage of fuch veflel, and be liable to a line not exceeding one hundred

dollars; and every pilot acting on board fuch veflel where he has no right, fliall be lia

ble to the fame penalty, provided the commiffioners have not fufficient evidence of the

neceflity of his acting,

11. And, be it farther enabled by the authority aforefaid, That all and every pilot ^r8"esv

in any of the harbors aforefaid, when he has brought any fhip or veflel to anchor in"1''

any of the aforefaid harbors, fliall and is hereby directed and required to moor fuch

ftip or veflel, or to give proper direction for the mooring of the fame, and for their

fafe riding at fuch mooring.

12. And be it further enabled by the authority aforefaid, That if any pilot or pilots Myi)e.eeinpet-

belonging to any port in this ftate, fliall meet at fea with any veflel or veflels ho.und LiiouwrppiS

to another port within the fame, fuch pilot or pilots (hall, if capable and thereunto

required, take charge of and pilot the fame into fuch port, and fhall be paid two dol-

lats per day for every day fuch pilot fhall. be on board fuch veffel at fea without the

bar, over and above the ufual rates of pilotage; and no other pilot fhail interfere

while the firft is willing to continue his fervices.

13. And be it,further enaBed by the authority aforefaid, That all veffels entering and fgftobcpaw

clearing within this ftate fhalj pay the feveral rates of pilotage, if a licenfed piio.t is b? allT<^d5'

offered, except the conftant coafting veffels to and from Charlefton, and they Ikall

pay half pilotage up, if a pilot, is offered without the bar, if they take no pilot, and

whole pilotage if they take one, any law, cuftom or ufage to the contrary notwith-

ftanding; but veflels coafting from one port to another within the ftate fhal] not be

liable to pay pilotage., unlefs a pilot is required to aB. on 'board.*

.

1

.

-

596

WORKHOUSE FOR THE CUSTODY OF NEGROES.

tines appropr:- ^ ^ n j fr e ^ fur^ er ena tfec[ fy the authority afore/aid. That all fines or parts of fines that may be recovered under this aft, and (hall not be awarded by the cormniffioners to the party complaining, (hall go to the fund for improving the navigation of the port.
Sfto'live 15- And whereas, there has been inftances of captains of veffels refuting to pay the oct"vSto!le pilots agreeable to rates, after getting to fea, in which cafe the (aid pilots have no re
medy : Be it further enabled, That the captains of fuch veffels as have no owner or confignee in the port, fliall be obliged, if requeued by the pilot ating on board, to give fecurity for the faithful payment of the pilotage before faid veil'el leaves .fuch

suecmeaynccpm"el.-iisu. 16. And be it further enabled by the authority aforefaid, That if any perfon or per-

fons authorized to carry this aft into execution fhall be fued or profecuted for any

matter or thing to be done in- purfuance thereof, it fhall and may be lawful for fuch

perfon or perfons to plead the general iffue, and give this aft and the fpecial matter in evidence.

Repealing

ij. And be it further enabled by the authority aforefaid, That all former a6ts refpec-

ting the regulations of pilots and pilotage are hereby repealed.

DAVID MERIWETHER, Speaker of the Houfe of Refrefentativcs.

DAVID EMANUEL, President of -the Senate,

Affented to Decembers, 1799.

JAMES JACKSON, Governor.

'WORKHOUSE FOR THE CUSTODY OF NEGROES.

An aft for regulating a workhoufe for the cuflody and punifJimenl of negroes,

HEREAS a law for regulating a workhoufe for the confinement of ne

groes and punilhment for fuch as are obttinatc and diforderly is highly

neceffary:

Be it enabled, That jofeph Ottolenghe, William Ewen and John Morel, efqrs.

of slaves!'0



7

Alexander Fyfe and Benjamin and appointed commiffioners for

Goldwire, mall, the ordering and

and they taking care

are of

hereby the faid

nominated workhoufe;

rucirpowers. wo'cn &id commiffioners or any three of them, fhall have full power and authority

to do and tranfaft all and every the matters in and by this aft enjoined and direfted

to be done by them ; which commiffioners fhall be and continue until Eatler-moriday,

in the year one thoufand feven hundred and fixty-four, after which the fame number

of commiffioners fhall be annually chofen and elefted at the fame time and in the

fame way as is appointed for choofing parith officers: And the commiffioners fo cho

fen refufing to act, fhall be and they are hereby made liable to pay the fame fine as

is impofed on church wardens refufing to aft.

tMEa5smtermloi3b?ey

2. ,, er

And be it further enabled, palm ling o ofi- thirs -a,ct,

That the faid commiffioners thall, within two months app'oint a fr-it and. proper per'fron to bi e matnter or

stolen. warden of the workhoufe for fuch terra and time, not exceeding the term of three

WORKHOUSE FOR THE CUSTODY OF NEGROES,

597

years, as they -{hall think fit, or during his good behaviour; to have and take the care

and charge of the workhoufe, and of the negroes that from time to time (hall he fcnt

or committed to his care: And the (aid commiffioncrs are'hereby empowered to eon HI*to.

tract with Rich mailer or warden, to have and take fuch fees, perquifites and advan

tages out of the profits of the work and labor of fuch {laves as lhall be committed

or Tent to the workhoufe, or fuch other flated falary out of the profits of the fame,

as they {hall think reaionable during the time of his appointment.

3. And be itfurther enatted, That the mailer or warden of the workhoufe to be redkdTo^m-1"

appointed as aforefaid, mall have power and authority, and he is hereby authorized,j^STM,.*',

empowered and directed to fet all fuch negroes (criminals excepted) as fliall from time H"tun'tLm!m

to time be duly fent or committed.to his cuftody, to work and labor (if they be able)

for fuch time as they, mall continue and remain in the workhoufe, and to punifh them

by putting fetters or {hackles upon them, and by moderate whipping, not exceeding,

twenty ftripes in one day.

4. And be itfurther enafled, That the {aid matter and warden of the wo

{hall provide as there {hall be occafion fuitable materials for the employment of

negroes as {hall be committed to his cuftody (except as before excepted;) and all the ho"T ai>i)iicd -

profits that {hall arife by the labor of fuch negroes fo to be employed (hall be paid

by the faid matter or warden to the faid commiffioncrs, who mall apply the fame to

wards the difcharge of the faid matter's fees or falary and in providing materials for

the faid negroes' employment.

5. 6, 7, 8, & 9, Re-enacted by act: of 1770. Vide fcclions 24, 25, 26, & 28. g]rf]

3.0. And be it further enaEtcd* That any perfon or perfons havinp fiubborn, obfli- si."^""^^nate or incorrigibIIle negroes or nn aves, may lrendi andV commi- t ithem to th1 e work, ni out,-e, ien-owners dirett-

there to be kept to hard labor, or otherwife to be corrected as they mail direct; and the

matter and warden is hereby ftrictly commanded and required to execute the fame,

the owner or owners thereof paying for the correction and maintenance of fuch {lave

or {laves during his or their confinement, at the following rates, viz. fixpencc for each ,cTM/ovtilc

day's maintenance, and one {hilling and fourpence for each chaftifement that the

owners may direct.

11.

And

he

it

Jfurther.

enabled. j

That

in cafe of the death,J abfence or refufal to aft,j ,v;a*canci.es o,f

of any of the comrniffioners named in this act, the acting commiffioners, or the ma- commission^s-

jority of them, fhall appoint other proper perfons as commiffioners in the room of

thole who may die, be abfent, or refute to act as aforefaid.

12. And be it further enabled. That this aft {hall be and continue in force.during continuation thl e term orr th1 ree years frrom thi e palrnr ng of< thi e lrame, andi frrom tihence to th. e end oi , " o! lllls '*&

the next feffion of the General Ailembly, and no longer.

By order of the Commons Iloufe of Affembly.

LEWIS JOHNSON, Speaker.

By order of the Upper Houfe.

JAMES HABERS.HAM, Prefide-nt.

Savannah, in the Council Chamber, April 7, 1763.

Affented to.

JAMES WRIGHT.

598

WORKHOUSE FOR THE CUSTODY OF NEGROES.

An aH to amend and continue an aft for regulating a workhoufe for the cujlody andpunifliment of negroes.

pfemM, i. \"K 7HEREAS in and by the fifth claufe of the act of the General Afiembly of

VV this province, entitled " An act for regulating a workhoufe, for the cuftody

and punifhment of negroes," it is enacted that all and every perfon and perfons with

in the laid province taking, apprehending and fecuringany runaway or fugitive {lave

or flaves, fhall and they are thereby directed and required, ihftead of delivering fuch

fugitive flaTe or (laves to the conftables in manner as directed by an act of the .Gene

ral Aflembly of this, province, now expired, entitled " An act for the better order

ing and governing negroes and other flaves to fend fuch (lave or Haves immediately

to the matter or other perfon having the care or management of fuch flaves, if the

perfon taking up fuch flaves does know, or can without difficulty be informed to. whom

fuch flaves do belong.

And whereas by an act of the prefent General Affembly of this province, entitled

u An a6t for the better ordering and governing negroes, and other flaves and to prevent -

the inveigling, or carrying away flaves from their matters or employers,, it is enacted

That all fugitive flaves fo taken up fhall be, by the perfon or perfons taking them,

delivered at their option either to the owner of fuch flaves or to any conftable of the

parifh: And whereas, under color of the faid fifth claufe of the act for regulating a

workhoufe for the cuftody and punifhment of negroes, conftables, when thereunto

required by virtue of the-lad recited act. of the General Affembly, for the better or

dering and governing negroes and other flaves, to prevent the inveigling or car

rying away flaves from their matters or employers, have refufed to take into their

&gitive slaves charge and cuftody fuch fugitive flaves: Be it enaBed, That immediately from and

1 andscntufthSr after the paffing of this act, all and every fugitive flave or flaves taken up and fecured

rive"uo't)it within this province, fhall be by the perfon or perfons fo taking them up, delivered wmaosrtkehrooufsthee to th, e ownerr or periron ihavi ng l/uchi fntave or nnaves i n chI arge, or to thI e ward1en or( th] e

workhoufe, or otherwife be delivered to the conftable of any parifh, agreeable to the

direction of the thirteenth claufe of the act for the better ordering and governing ne

groes and other flaves, and to prevent the inveigling or carrying away flaves from

their mafters or employers.



'

a And whereas, the faid act for regulating a workhoufe for the cuftody and pun-

ifhment of negroes is near expiring, Be it enacted, That the faid act, and every part

and claufe thereof, except fuch part of the fifth claufe as is in and by this aft altered

and amended, fhall further continue and be in force, for and during the fpace of

three years from and after the pafling hereof, and from thence to the end of the next

feffion of the General Aflembly and no longer.

By order of the Commons Houfe of Affembly.

ALEXANDER WYLLY, Staler.

By order of the Upper Houfe.

/

JAMES'HABERSHAM,

Council Chamber, 26th March, 1767.

A Rented to.

JAMES WRIGHT,

.

Executive Department, Lonifville, March 3, 1801.

P HEREAS, agreeably to the aft of the fixthday of December, in the year of

our kord one thoufand feven hundred and ninety-nine, wherein it is declared, u That for the more general promulgation of the laws of this Rate, the fecretary of

the ftate with two commiffioners, who ft all be appointed .by the legiflature for that purpofe, fhall examine into, digeft and arrange the feveral laws thereof now in force,

and report the fame to his excellency the governor, who fhall approve or difapprove of the fame;" and " That if his excellency the governor fhall approve of fuch di

geft of the laws of the ftate as may be reported to him in purfuance of this aQ, that then the fecretary of the ftate fhall, under the direction of the executive thereof, caufe

to be printed, in a quarto bound volume or volumes, one thoufand copies of fuch

digeft of the laws of this ftate as may be reported by the aforefaid commiiiioners and fecretary of ftate, in terms of this aft." I have attended to the report of a digeft com

piled by Horatio Marbury and William H. Crawford; and taking into view the eighth lection of the third article of the constitution, to wit: " Within five years after the

adoption of this conftitution, the body of our laws, civil and criminal, fhall be revifed, digefted and arranged under proper heads, and promulgated in fuch manner

as the legiflature may direct."

And whereas the laft legiflature by joint ballot did appoint, in addition to the fe

cretary of ftate, the acknowledged ftate commiffioner by law, George \Vatkins, and

William H. Crawford, additional commiffioners to carry into execution the aft for a digeft as aforefaid:

And whereas .the faid feveral commiffioners, the one from duty as ftate commiffion er and the others from election, did, on the eighth day of December, one thoufand

eight hundred, affemble at the ftate-houfe under the faid law, and take the oath requi red in and by a refolution pafled both Houfes, and approved by the governor confti-

tutionally on the fecond day of December laft, as follows : " I

do folemnly

fwear, that 1 will, to the beft of my power and ability, and agreeably to the confti-

tution, revile, digeft and arrange under proper heads, the body of the civil and cri minal iaws of this ftate, and that I will in'no wife or manner whatever infert in the faid digeft a certain ufurped act, entitled 'An aft fupplementary to an aft, entitled
An aft for appropriating a part of the unlocated territory of this ftate for the pay

ment of the late ftate troops, and for other purpofes therein mentioned, declaring the rights of this ftate to the unappropriated territory thereof, for the protection and flip-

port of the frontiers of this ftate, and for other purpofes.' So help me God." And George Watkins, after being folemnly fworn, never attended to perform his duty,

whether actuated by motives to defeat the due execution of public powers, or others, not afcertained:
I3oto ftnoto ge, legislators, cittjeiwf an?3 people of cfreorgfa. That j,
JAMES JACKSON, Governor thereof, in conformity to and in obedience of the afore

mentioned aft, do confirm and eftablifh Marbury and Crawford's reported digeft as the digeft of die ftate, believing that every ufeful aft of force is ink, and that no ma

terial aft to injure private or public happinefs or property is withdrawn or concealed ,from it.

I therefore approve and ratify it, leaving an appendix and proper index, for

which their characters and further emoluments are iaterefted, to their future attention, and to a revifal by the legiflature.

JAMES JACKSON.

TREATY AT AUGUSTA,. '
WITH THE CHEROKEE AND CREEK INDIANS, IN 1773.
At a congrefs held at Augufta,. in the province of Georgia, on the firft day of June, Treaty in the year of our Lord one thoufand feven hundred and feventy-three, by his che?okc excellency Sir James Wright, bart, captain general and commander in chief of the faid province, and the honorable John Stewart, efq. his majefty's fole agent for and fuperintendent of Indian affairs in the fouthern diftriftof North America, and the feveral chiefs of the Cherokee and Creek Indians^ who are authorized and empowered by the feveral tribes of the Cherokees and Creeks to attend at this congrefs, and to aft for them and each of them:
W HEREAS the Cherokee Indians did fome timeago propofe to theaforefaid governorand the fuperintendent, to cede unto his moft facredmajefty king George the Third a certain tract of land, fituate, lying and being within the province of Georgia, on the river Savannah, above Little River, and extending up Savannah River above Broad Riven, andacrofs the country towards the Oconee River, and which the faid Cherokee Indians claimed as their right and property: And whereas the faid Cherokee Indians^ haying confidered of their great poverty anddiftrefs, and finding it to be out of their power to pay their debts due from them to their traders in the iifual way, by hunting and getting deerfluns* declared themfelves under the neceffity of making the above proportion, and requefted the faid governor and fuperjntendent to lay their diftrefled iituation before his majefty, and to implore that he ' would be gracioufly pleafed to accept of a eeffion of the faid lands from them, and that the fame might be appropriated towards the payment of their debts juftly due to the unfortunate people who had been trading amongft them lince the peace made with them, which was in the year one thoufand feven hundred and fixty-one, that fo their traders might be enabled to f urniih them with goods as ufual: And whereas the diftreffed ftate and condition of the faid Indians, together with their proportion and requeft as aforefaid, having been fully reprefented unto his majefty, Uvho being gracirfBfly'difpofed to relieve the faid Indians from their neceffuies and diftrefs, and to promote and preferve peace and good order between and amongft them and his raajelly's fubjefts trading with them ; was pleafed to confer)! to leeeive a ceflion of the
.4 O

6Q2

APPENDIX.

faid lands Tor the purpofes aforefaid, and hath given inftru&ions to his faid governor and fuperintendent to hold a congrefs with them, and to take a ceffion of the laid lands accordingly:

And zvhereas the Creek Indians do alfo claim to have a right and property in the laid lands claimed by the Cherokee Indians, and propofed to be ceded by them as 'aforefaid: And whereas the faid Creek Indians, in confideration of the payment of the debts juftly due from them to the perfons trading with them fince the above pe riod, have alfo confented and agreed to join in the faid ceffion, and alfo to add fome further lands to thofe propofed to be ceded by the Cherokee Indians: And whereas his majefty hath been alfo pleafed to approve of the fame, and to direft that a ceffiont of all the faid lands be received and taken jointly from both the Cherokee and Creek Indians; It is therefore confented and agreed by and between the feveral Indian chiefs prefent, and who have figned this treaty of ceffion, as owell Creeks as Cherokees, and who declare themfelves to be fully and abfolutely authorized and empowered by the feveral kings, head men and warriors of the Upper and Lower Creeks and of all the Cherokee country, for and in behalf of themfelves and their feveral nations and tribes, in manner and form following, that is to fay: We, the faid Indian chiefs, as well Creeks as Cherokees, do' freely offer and requeft, that the faid governor and fu perintendent, in behalf and for the ufe of his moll facred majefty George the Third, and to his fucceftbrs forever, will accept of a grant and ceffion of the feveral lands hereinafter mentioned and defcribed, that is to fay -. To begin at the place where the Lower Creek Path interfefts Ogechee River; and along the main branch of faid river, to the i'ource of the fouthernmoft branch of faid river; and from thence along, the ridge between the waters of Broad River and Ocoaee River, up to the Buffaloe Lick; and from thence in a ftraight line to the tree marked by the Cherokees, near the head of a branch falling into the Oconee River; and from thence along the faid ridge,twenty miles above the line already run by the Cherokees; and from thence acrofs toSavannah River by a line run parallel with that formerly marked by them : And the' Creeks, by Saleachie, and Taleaehie, and other head men of the Lower Creeks, alfo' cede from the prefent boundary line at Phinhotaway Creek, on the Alatamaha River, up the faid river to an ifland oppofite to the mouth of Barber Creek, and from thence acrofs to Ogechee River, oppofite to the road about four miles above Buck-head', where a canoe ferry ufed to be kept. And we, the faid feveral Indian chiefs, for ourfelves and our feveral nations and tribes of Indians, do hereby folemnly declare, thaC we do fully and clearly underftand every part of this treaty and ceflion, it having been fully interpreted and explained to us, and that the famd is made at our ownrequeftsand for our own benefit and advantage, and for and towards the payment and fatisfacsion of the feveral debts which are juftly due and owing from- us to the feveral perfons who have traded and fupplied us with- goods as aforefaid. And we, the faid Creek
Indian chiefs and Cherokee Indian ehiefs, in confideration aforefaid, do by thefe prefents, in the moft folemn manner,, for us and our feveral nations and tribes, fully and abfolutely give, grant and confirm unto- his moft facred majefty kin-g George the Third, all and fingular the lands herein befo-re mentioned and defcribed.. Arid we da,, for cmrfelves and our nations and tribes as aforefaid, and for each and every of us and them, furreuder and yield-up all and each and every of OUT refpeftive rights,, titles, intereft, claim and property of and in the aforefaid lands, unto his faid majefty king George the Third; TO HOLD the fame unto him and his fu-cceffors forever And we the faid Creek Indian chiefs do hereby fully and abfolutely agree,, that frorxs

APPENDIX.

603

henceforth the above lines and bounding fhall be the mark of divifion of lands between hismajefty's fubjecisin the province aforefaid, and as the faid Creek Indians, notwithftanding any former agreement or boundary to the contrary; and that we will not difturb any of his majefty's fubjecls in their fettlements, or otherwife within the lines aforefaid. In consideration whereof, it is agreed on the part of his majefty, that the monies arifing by fale of the lands ceded as aforefaid, after defraying the expence of this congrefs and fuch other charges and expences as will neceffarily arife in carry ing this meafure into execution, fhall be applied towards the payment and fatisfaclioiv of fuch debts as fhall appear to be juftly due and owing from the Indians to their traders-as aforefaid.

In tejlimony whereof. We, thefaid governor and fuperintendent, have figned this prefent treaty or deed of ceffion, and put to it our refpeftive feals, the day and year above written; and the feveral kings and chiefs of the feveral nations and tribes of Indians, have alfo fet their hands and feals to the fame, at the time and place aforefaid.

TREATY AT AUGUSTA,
WITH THE CHEROKEE INDIANS, IN 1783,

Articles of a convention held at Augufta, in the county of Richmond, and ftate afore faid, this thirty-firft day of May, in the year of our Lord one thoufand feven hundred and eighty-three, and in the feventh year of the independence of thefaid fiate, between his honor Lyman Hall, efq. governor and commander in chief in and over the faid ftate, general John Twiggs, colonel Elijah Clark, colonel W. Few5 the honorable Edward Telfair, efq. and general S'amuel Elbert, commifTioners ap pointed by the legiflature of the fame, on the one part, and Tarpin, of the Lower Towns, Tarpin, fon of the great warrior, the Bird-in-clofe, or the Che qua ena, Nenean Jack, Claunaw, Chicafaw Tue, Afcafter, Amakantie, Claw Waftie,' Joenatua, Julataha, John Chifqua Una, China Wata, Calata, Junaftuta and Canauta, head men, warriors and chiefs of the hordes or tribes of Cherokee Indinas, in behalf of the faid nation, .on the other part, as follows:

W HEREAS a good underftanding and union between the inhabitants of the faid ftate and the Indians aforefaid, is reciprocally necefiary and convenient, as well on account of a friendly intercourfe and trade, as for the purpofes .of peace and hu manity : It is therefore agreed and .covenanted:

I. That all difTer^nces between the faid parties heretofore fubfifting, Ihall ceafe and

be forgotten.

<

II. That all juft debts due by any of the faid Indians to any of the merchants or traders of the faid ftate, fhall be fairly and fully paid, and all negroes^ 'HorfeSj or othef; property, taken during the late war {hall be reftored,

?o,i

APPENDIX,

III. That anew lineihall be drawn without delay, between theprefent fettlements

in the faid ftateand the hunting grounds of the faid Indians; to begin on Savannah

River where the prefent line ftrikes it, thence up the faid river to a place, on the

mo ft northern branch of the fame (commonly called Keowee) where a north call

line, to be drawn from the top of the Ocunna Mountain, mall interfeft ; thence

along the faid line in a fouthweft direction, to the top of the faid mountain ; thence

in the fame direction to the Tugalo River; thence to the top of the Currohee-Moun

tain ; thence to the head or fource of the moil fouthern branch of. the Oconee

River, including all the waters of the fame; and thence down the middle of faid

branch to the Creek line.

"



IV. In consideration of the friendship, which the people and'government of the faid Mate bear to the Indians aforefaid, and of their good will evinced by their pre fent attendance, the governor and commiffioners aforefaid, , have made prefents to them of a confiderable amount, which they hereby acknowledge to have received.

V. That a trade fhall be carried on by the traders and merchants of the faid ftate? to the towns of the faid Indians; in which the traders who fhall refide among them and the pack-horfemen in going and coming fhall be protecled; the trade to be fubjecl; to future regulations of government.

VI. Andlaftly, they the faidheadmen, warriors and chiefs, whofe hands and feals are hereunto affixed, do hereby, for themfelves and for the nation they are empow ered and do effectually reprefent, recognize, declare and acknowledge, that all the lands, waters, woods and game lying and being in the ftate, eaftward of the line herein before particularly mentioned and defcribed, is, are and do belong, and of right appertain to the people and government of the ftate of Georgia; and they the Indians aforefaid, as well for themfelves as the faid nation, do give'up, releafe, a}ien 5 relinquish and forever quit claim to the fame or any part thereof.

Done and executed at Augufta aforefaid, the day and year above mentioned, in
e prefence of thofe whofe names are fubfcribed.

LYMAN HALL. JOHN TWIGGS. ELIJAH CLARK. W. FEW. EDWARD TELFAIR, S. ELBERT.
Witnefs,
GEORGE WALTON, ANDREW M'LEAN,

. (L. S.) (L. S.) (L. S.) {L. S.) (L. S.) {L, S.)

TARPINE.

.

TARPINE.

CHE QUA EN A.

NENEAN JACK.

CLAUNAU.

CHIGKASAW-TUE".

ASCASTER.

AMAKANTIE,



CLAWASTIE.

'

JOENATUA.

JULATAHA.

JOHN.

CHISOUA UNA,

CHINA WATA.

CALATA.

JUNASLUTA.



CANAUTA.

CAT.

X (..)> X(L.S.) X (L. S.) X (L. S.) X-(L. S.) X (L. S.) X (L. S.) X (L. S.) X (L.-S:)X .(L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.)

APPENDIX.

60.5

TREATY AT AUGUSTA,

WITH THE CREEK INDIANS, IN '1783.

Articles of convention held at Augufta, in the county of Richmond, and date afore faid, this firft day of November, in the year of our Lord one thoufand (even hun dred and eighty-three, and in the eighth year of the independence of the faid ftate, between John Twiggs, Elijah Clark, Edward Tel fair, Andrew Burns and Wil liam. Giafcock, commiffioners appointed by the authority of the fame, on the one part, and the Tallefee King, Tallefee Warrior, the Fat King, Mad Fifh, Topwar King, Alachago, Hitcbeto Warrior, Okoney, Okolege, Cufe King, Second Man, Inomatwhata, Inomatawtufnigua, Head Warrior, Gugahacho, head men,
warriors and chiefs of the hordes or tribes of'Cree'k Indians, in behalf of the faid nation, on the other part, as follows:-

'HEREAS a good underftanding and union between the inhabitants of the faid ftate and the Indians,aforefaid, is reciprocally neceffary and convenient,
as well on account of a friendly intercourfe and trade as for the purpofes of peace and humanity: It is therefore agreed and covenanted:

."I. That all differences between the faid parties heretofore fubfifting, {hall ceafe

and be forgotten. -

'-''.'

II. That all juft debts due by any of the faid Indians to any of the merchants or traders of the faid ftate, {hall be fairly and fully paid; and all negroes, horfes, cattle pr other property taken during the late war, fhall be reilored.

III. That a new line fliall be drawn without delay, between the prefent fettlements in the faid ftate and the hunting grounds of the faid Indians; to begin on Savannah River, where the prefent line ftrikes it, thence vip the faid river to a place on the moft northern branch of the fame, commonly called Keowee, where a northeaft line, to be-drawn from'the top of the Ocunna mountain, {ball interfecl; thence along the faid line in a fouthwelt direction to the faid mountain; thence in the fame direction to Tugalo River: thence to the top of the Currohee mountain; thence to the head or fource of the moft fouthern branch of the Oconee River, including all the waters of the fame; thence down the faid river to the old line.

IV. In confideration of the friendfhip which the people and government of the faid ftate bear to the Indians aforefaid, and of their good will evinced by their pre fent attendance, the commimoners aforefaid have made prefents to them to a confiderable amount, which they hereby acknowledge to have received.
V. That a trade fhall be carried on by the traders and merchants of the faid ftate to the towns of the faid Indiansj in which the traders, who {hall rdide among them

APPENDIX,

and the pack-horfemen in going and coming fliall be protected; the trade to be Tubje6l to future regulations of government.

VI. And laftly, they the faid head men, warriors and chiefs, whofehands and feals are hereunto affixed, do hereby for themfelves and for the nation they are empowered and do effectually reprefent, recognize, declare and acknowledge, that all the lands, wa ters, woods and game, lying and being in the ftate eaftward of the line herein before particularly mentioned and defcribed, is, are and do belong, and of right appertain to the people and government of the ftate of Georgia; and they the faid Indians aforefaid, as well for themfelves as the faid nation, do give up, releafe, alien, relin-
quifh, and forever quit claim to the fame and every part thereof.

Done and executed at Augufta aforefaid, the day and year above mentioned, in the prefence of thofe whofe names are fubfcribed.

JOHN TWIGGS.

(L. S.)

ELIJAH CLARK.

(L. S.)

EDWARD TELFAIR. (L. S.)

ANDREW BURNS.

(L. S.)

WILLIAM GLASCOCK. (L. S.)

TALLESEE KING.

X (L, S.)

TALLESEE WARRIOR, X (L. S.)

FAT KING.

X (L. S.)

MAD FISH.

X (. .S.)

TOPWAR KING.

X (L. S.)

ALACHAGO.

X (L. S.)

HITCHETO WARRIOR. X (L. S.)

QKOLEGE.

X (L. S.)

COWETAW.

X (L. S.)

CUSE KING.

X (L. S.)

SECOND MAN.

X (L. S.)

INOMATUHATA.

X (L. S.)

INOMATAWTUSNIGUA, X (L. S.}

SUGAHACHO.

X (L. S.)

Signed, fealed and delivered in prefence of Cornelius Pyfart, Richard John, Lamar,

APPENDIX.
TREATY AT GALPH1NTON,
WITH THE CREEK INDIAN'S, IN 1785,

.

607

Articles of a treaty concluded at Galphinton, on the twelfth day of November, one thoufand feven hundred and eighty-five, between the underwritten carnrniffione*rs3 in behalf of the ftate of Georgia, of the one part; and the kings, head men and warriors in behalf of themfelves, and all the Indians in the Creek nation of the other in the following conditions.
ARTICLE I. HPHE faid Indians for themfelves and all the tribes or towns within their refpeBive JL nations, within the limits, of the ftate of Georgia, have been and now are mem bers of the fame, fince the day and date of the conftitution of the faid ftate of Georgia,
II. If any citizen of this ftate or other perfon or perfons mall attempt to fettle or run any of the lands referved to the Indians for their hunting grounds, fuch per fon or perfons may be detained until the governor fhall demand him or them, and then it fhal! be lawful for any of the tribes near fuch offenders to come and fee the punifhment, according to fuch laws as now are or hereafter {hall be ena&ed by the faid ftate for trying fuch offences.
III. It {hall in no cafe be underftood, that the punifhment of the innocent, un= der the idea oft retaliation ftiall be praclifed on either fide.
IV. If any citizen of this ftate or other white" perfon or perfons fhall commit a robbery or murder or other capital crime on.any Indian, fuch offenders fhall be de livered up to juftice, and fhall be tried according to the laws of the ftate, and due notice of fuch, intended punifhment {hall be fent to forne one of the tribes,
V. If any Indian fhall commit a robbery or murder or other capital crime on. any white perfon, fuch offenders fhall receive a punifhment adequate to fuch offence, and due notice of fuch intended punifhment fhall be given to his honor the go vernor*
VI. In cafe of any defign being formed in any neighboring tribes, againft the peace or fafety of the ftate, which they fhall know or fufpecT:, they fhall make known she fame to his honor the governor.
VII. All white perfon or perfons fhall be at liberty and conduced in fafety into the fettled parts of the Hate when they fhall require it, except fuch perfons as lhall come under the reftriflions pointed out in the fecond article.
VIII. The faid Indians fhall reftore all the negroes, horfes or other properly

6oB

APPENDIX.

that are or may be among them, belonging to any citizen of this ftate or any other perfon or pcrfons whatever, to fuch perfon as the governor mall direct.

IX. That the trade with the faid Indians fhall be carried on as heretofore.

X. All horfes belonging to any Indian that (hall be found in the faid ftate> fuch horfes fhall be reftored to inch perfon as the headmen or the tribe where* fuch Indian may refide fhall direft.

XL The prefent temporary line refe'rved to the Indians for their hunting ground* fhall be agreeable to the treaty held at Augufta in the year one thoufand feven hun^ dred and eighty-three; and that a new temporary line fhall begin at the forks of the Oconee and Oakmulgee Rivers, thence in a, fouthweft direction, until it fhall interfeQ. the moft fouthern part of the ftream called 'St. Mary's River, including all the iflands and waters of the laid ftream, thence down the faid river to the old line. And all the ground without the faid new temporary lines, when run and com pleted, lhall be referved to the Indians for their hunting grounds as aforefaid.

In witnefs whereof the parties have hereunto affixed their hands and feals the day and year above written.

On the part of the ftate,

JOHN T WIGGS.

(L. S.

ELIJAH CLARK,

(L. S.

vV
On the part of the Indians3

WARRIOR KING.

X (L. S.)

O'KEMULGEY TUSKONUCKY. X (L. S.)

TUSKIA MICKO.

X (L. S.)

CUSRATER MICKO.

. , X (L. S.)

ENCHALUCRQ."

X(L.S.)

POHILLKE OAKFUSKIES,

X (L. S.)

JNNEHANA UFOLLIES,

X (L. S.)

ABICO TUSKANUCKY,

X (L. S.)

INNEHA MICKO.

X (L. S.)

YAHOLO MICKO,

X (L. S.)

C.OSO MICRO.

X (L. S.)

OPOHELTHE MICKO,

X (L. S.)

CUSO MICRO.

.X(L.S.'

DICKSON TALLICUS,

X (L. S.

TJPALAIIAJOE,

X(L.S.)

OPOYHAJOE.

X (L. S.)

WARTUCKO MICKO,

X (L, S.)

Signers fealed arid delivered in prefence of Thomas Glafcock, John King, J. Cle ments, Jared Irwin, James Darouzeaux, I, P. T, for the ftate of Georgia^ Philip Scott, his X mark, William Moore.

APPENDIX,

609

TREATY AT HOPEWELL,

WITH THE CHEROKEE INDIANS, IN 1785.

,

ORIGINAL.

Articles of a treaty concluded at Hopewell, on the Keowee, between Benjamin Hawkins, Andrew Pickens, Jofeph Martin and Lachlan M*Intofh, commiffioners pleni potentiary of the United States of America, of the one part, and the head men and
warriors of all the Cherokees of the other;

commiffioners plenipotentiary of the United States in Congrefs afiembleds JL give peace to all the Cherokees, and receive them into the favor and protefljoo of the United States of America 3 on the following conditions;

ARTICLE I. The head men and warriors of all the Cherokees, fhall reftore all the prifoners, citizens of the United States, or fubjefls of their allies, to their entire liberty; They fhall alfo reftore all {he negroes, and all other property taken during the late war from the citizens 3 to fu.ch perfon, and at fuch time and place as the comniif-
fioners fliall appoint,

ARTICLE II, The .commiffioners of the United States in congrefs affembled, ffiall reftore all the prifoners taken from ,the Indians, during the late war, to the head men and warr.iors
of the Che.rokees, as early as is pra.flic.able,

ARTICLE III. The faid Indians for themfelves, and their refpeftive tribes and towns, do acknow ledge all the Cherokees to be under the protection of .the United States of America, and of no other fovereign whatfoever,

ARTICLE IV.
The boundary allotted to tile Cherokees for their hunting grounds, between the faid Indians and the citizens of the United States, within, the limits of the United States of America is, and fhall be the following, viz. Beginning at the mouth of Duck River on the Tennelee; thence running northeaft to the ridge dividing the waters running into Columbia from thofe running into the Tennelee; ihence ea.ftwardly along the faid ridge to a northeaft line to be run, which ftrikes the river Ciuaberland forty miles above Nafhville ; thence along the faid line to the river ; thence up the faid river to the ford where the Kentucky road crofles the river: thence to >Campbell's line, near Cumberland gap ; thence to the mouth of Claud's Creek on Holftein; thence to the Chimneytop Mountain; thence to Camp Creek, near the mouth of big Limeftone, on Nolich.ucky ; .thence a foutherly courfe fix miles to a mountain; thence fouth to the North-Carolina line; thence to South..Carolina In dian boundary, and along the fame fouthweft over the top of the Oconee Moun tain till ijt mall ftrike Tugalo River ; thence a direfl line to the top of the Currohee Mountain ; thence to the head' o"f 'th'e f' outh. fork of Oconee River,
4

610

.'

APPENDIX.

ARTICLE V.
If any citizen of the United States, or other perfon not being an Indian, /hall attempt to fettle on any of the lands weft ward or fouthward of the faid boundary which are hereby allotted to the Indians for their hunting grounds, or having already fettled and will not remove from the fame within fix months after the ratification of this trea ty, fueh perfon {hall forfeit the protection of the United States, and the Indians may punifh him or not as they pleafe : Provided neverlhelefi. That this article {hall not ex tend to the people fettled between the fork of French Broad and Holftein Rivers, whofe particular fituation ihall betranfmitted to the United States in congrefs affembied for their decifion thereon, which the Indians agree to abide by.

,

ARTICLE VI.

If any Indian or Indians, or perfon reliding among them, or who (hall take refuge

in their nation, (hall commit a robbery, or murder, or other capital crime, on any citi

zen of the United States or perfon under their protection, the nation or the tribe to

which fuch offender or offenders may belong fhall be bound to deliver him or them up

to be punifhed according to the ordinances of the United States: -Provided, That the

punifhment fhall not be greater than if the robbery, or murder, or other capital crime,

had been committed by a citizen on a citizen.

ARTICLE VII. If any citizen of the United States, or perfon under their protection, mail com mit a robbery,' or murder, or other capital crime, on any Indian, fuch offender or offenders fliall be punifhed in the fame manner as if the murder, or robbery, or other capital crime had been committed on a citizen of the United States; and the punifhment mail be in prefence of fome of the Cherokees, if any mail attend atthe time and place, and that they may have an opportunity fo to do, due notice of the time of fuch intended punifhment fhall be fent to fome one of the tribes.

ARTICLE VIII. It is underftood, that the punifhment of the innocent, under the idea of retalia tion, is unjuft, and fhall not be praGtifed on either fide, except where there is a inanifeft violation of this treaty, and then it fliall be preceded firft by a demand of juftice, and if refufed, then by a declaration of hoftilities.

ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention of injuries or oppreffions on the part of the citizens or Indians, the United States in congrefs affembled, {hall have the fole and exclufive right, of regulating the trade with the In-. diansj and managing all their affairs in fuch manner as they think proper.

ARTICLE X. , Until the pleafure of congrefs be known refpecling the ninth article, all traders, citizens of the United States, fhall have liberty to go to any of the tribes or towns of the Cherokees to trade with them, and they Ihall be protected in their perfons and property, and kindly treated.

"&:

'

.

ARTICLE XL



The faid Indians fhall give notice to the citizens of the United" States, of any de-

figns which they may know or fufpeft to be formed in any neighboring tribe, or by

any perfon whatfoever., againft the peace? trade or intereft of the United States,

APPENDIX,

" ARTICLE XIL That the Indians may have full confidence in the United States refpeffing their interefts, they fhall have the right to fend a deputy of their choice, whenever they think
fit, to congrefs.

ARTICLE XIII.

.f .

The hatchet fhall be forever buried, and the peace given by the United States and

friendship re-eftablifhed between the faid ftates on the one part, and all the Cherqkees

on the other, ihall be univerfal; and the contracting parties .(hall ufe their utmoft en

deavors to maintain''the peace given as aforefaid, and friendihip re-eftablifhed.

In witnefs of all and every thing herein determined between the United States of

America andallthe Cherokees, We, their underwritten commiffioners, by virtue of

our full powers have figned. this definitive treaty, and have caufed our fealsto be here

unto affixed.

...'-.

Done at Hopewell, on the Keowee, this twenty-eighth of November^ in the year of our Lord one thoufand feven hundred and eighty-five.

BENJAMIN HAWKINS. ANDREW P1CKENS. JOSEPH MARTIN. LACHLAN M'lNTOSH.

(L. S.} (L. S.) (L. S.) (L, S.)


KOATOHEE, or Corn Taffel of Toquo

SCHOLAUETTA, or Hanging Man of Chota.

TUSKEGATAHU, or Long Fellow of Chriftohoe.

CXSKWHA, or Abraham of Chilkowa.

KOLAKUSTA, or Prince of North:

NEWOTA, or the Gritzs of Chicamaga.

,

KONATOTA, or the Rifing Fawn of Highwaflay.

TUCKASEE; or Young Tarrapin of Allajoy,

TOOSTAKA, or the Waker of Ooftanwa.

UNTOOL.A, or Gun Rod of Seteco.

UNSUOAKANAIL, Buffaloe White Calf New Cuffee.

KOASTAYEAK, or Sharp Fellow, Wataga.

CHONOSTA, of Cowe.

CHESCOONWHA, Bird in clofe of Tomotlug.

TUCKASEE, or Tarrapin of Hightowa.

CHESETOA, or the Rabbit of Flacoa.

CHESICOTETONA, or Yellow Bird of the Pine Log,

SKETALOSKA, Second Man of Tillico.

CHOKASOTAHE, Chickafaw Killer Dafonta.

ONANOOTA, of Koofoatee.

OOKO.SET4, or Sower Mufti of Kooloque.

UMATOOETHA, the Water Hunter, Choikamawgu.

WYUKA, of Lookout Mountain.

TULCO, or Tom of Chatuga,

. WILL, of Akoha.

NECATEEj of Sawta.

X (L. S.) X (L. S. X (L. S. X (L. S.) X ('L. S.) X (L. S.) X (L. S.) X (L. S.) X(L.-S.) X (L. S.) X (L. S.) X (L. S.) X(L.S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X (L. S.) X(L. S.) X fZ. S.} X (L. S.) X (L. S.) X(L. S.) X (L. S.)
X (L, S.)

APPENDIX.,

AMOKONTAKONO, Kutcloa.

KOWETATAHEE, in Frog Town. '

KEUKUCH, Talkoa.

,i TULATISCA, of Chaway.

I WOOALUKA, the Way Layer, Chota.

TATLUISTA, or Porpus of Tilaffi.

JOHN, of Little Tallico.

SKELILAK.

AKONOLUCHTA, the Cabin.

.-

CHENANOKA, of Kawetakac,

YELLOW BIRD.

X (X. 5.) X (L. S.) X (L. S.) X(L. S.) X (r. S.) X (L. 5.) X (L. S.) X (L. S.) X (Z. TS.) ' X (L. S.) X (L. S.)

Witnefs, William Blount, Samuel Taylor, major John Owen, Jeffe Waiton,

John Cowan, captain commandant, Thomas Gegg, W. Hazard. James Madifoijj

Arthur Coody, (worn interpreters,



TREATY-AT HOPEWELL,
WITH THE CHOCTAW INDIANS, IN 1786,
ORIGINAL.
Articles of a treaty concluded at Hopewel), on the Keowee, near Seneca Old Tow3 between Benjamin Hawkins, Andrew Pickens and Jo'feph Martin, commiffipners plenipotentiary of the United States of America, of the one part, and Yockonahoma, great medal chief of Soonacoha^ Yockahoopoie, leading chief of Bugtoogoloo; Mingohoopoie, leading chief of 'Hofhooqua-j Tobocoh, great medal chief of Congetoo; Poomemaftubie, gorget captain of Senayazo; and thirteen fmall medal chiefs of the firft clafs, twelve medal and gorget captains, eommiffioners plenipotentiary of all the Choftaw nation, of the other part:
T HE commiffioners plenipotentiary of the United States of America give peace to all the Choftaw nation, and receive them into the favor and protection of the United States of America, on the following conditions:
ARTICLE L The commiffioners plenipotentiary of all the Choflaw nation, fnall reftore all the prifoners, citizens of the United States, or fubjefts of their allies, to their entire liberty, if any there be in the Choftaw nation ; they fhall alfo reftore all the negroes, and all other property taken during the late war, from the citizens, to fuch perlbn and at fuch time and places as the commiffioners of the Uni^j} States of America Ihall appoint, if any there be in the Choftaw nation.
ARTICLE- IL The commiffioners plenipotentiary of all the Choftaw nation, do hereby acknow ledge the tribes and towns of the faid nationj and the lands within the boundary al-

APPENDIX.

613

lotted to the faid Indians to live and hunt on, as mentioned in the third article, to be under the protection of the United States of America, and of no other ibvereign whofoever.

ARTICLE III. The boundary of the lands hereby allotted to the ChoQaw nation to live and hunt on, within the limits of the United States of America, is and fhall be the following, viz. Beginning at a point on the thirty-firft degree of north latitude where the eaftern boundary of the Natches diftriQ, fhall touch the fame, thence eaft along the faid thirty-firft degree of north latitude, being the fouthern boundary of the United States of America, until it fhall ftrike the eaftern boundary of the lands on which the In dians of the faid nation did live and hunt on the twenty-ninth of November, one thoufand feven hundred and eighty-two while they were under the protection of the king of Great-Britain ; thence northerly along the faid eaftern boundary, until it fhall meets the northern boundary of the faid lands; thence wefterly along the faid nor thern boundary until it fhall meet the weftern boundary thereof; thence foutherly along the fame to the beginning faving and preferving for the eftablifhment of trading pofts, threetrafts or parcels of land of fix miles fquare each, at fuch places'as the United States in congrefs affembled fhall think proper; which pofts, and the lands annexed to them, fhall be to the ufe and under the government of the United States of America.

.

ARTICLE IV.,

If any citizen of the United States, or other perfon not being an Indian, fhall at

tempt to fettle on any of the lands hereby allotted to the Indians to live and hunt on,

fuch perfon fhall forfeit the protection of the United States of America, and the In

dians may punifh him or not as they pleafe.

ARTICLE .V. If any Indian or Indians, or perfon refiding among them, or who, fhall take re fuge in their nation, fhall commit a robbery or murder or other capital crime on any citizen of the United States of America, or perfon under their protection, the tribe to which fuch offender may belong, or the nation, {hall be bound to deliver him or them up to be punifhed according to the ordinances of the United States in congreis affembled: Provided^ That the punilhment fh-all not be greater than if the robbery or murder, or other capital crime,. had been committed by a citizen on a citizen.

ARTICLE VI. If any citizen of the United States of America, or perfon under their protection, fhall commit a robbery or murder, or other capital crime, on any Indian, fuch offen der or offenders, fhall be punifhed in the fame manner, as if the robbery or murder, or other capital crime had been committed on a citizen of the United States of America ; and the punifhment fhall be in prefence of fome of the ChoQaws, if any will attend at the time and place; and that they may have an opportunity fo to do, due notice if practicable, of the time of fuch intended punifhment fhall be fent to. fome one of the tribes.

;

. ARTICLE VII.

It is underftood that the punifhment of the innocent, under the idea of retaliation,

is unjuft, and mail not be praclifed on either fide, except where there is a manifeft viol

APPENDIX.

lation of this treaty ; and then it {hall be preceded, firft by a demand of jufticc, and if refufcd, then by a declaration of hoftilities.

ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries of oppre'ffibns on the part of the citizens or Indians, the United States in congrefs af-> fcmbled (hall have the fole andexcluilve right of regulating the trade with die Indians and managing all their affairs in fuch manner as they'think proper.

ARTICLE IX.
Until the plea fare of congrefs be known, refpecHng the eighth article, all traders,, citizens of the United States of America, (hall have liberty to go to any of the iribes or towns of the Choctaws, to trade with them, and they {hall be protefled in
their perfons and property, and kindly treated.

ARTICLE X. The laid Indians fhall give notice to the citizens of the United States of America, of any defigns which they may know or fufpecl to be formed in any neighboring tribe, or by any perfon whofoever, againft the peace5 trade or intereft of the United
States of America,

ARTICLE XL The hatchet (hall be forever burried, and the peace given by the United States of America, and friendship re-eftablifhed between the faid (tales on the one part, and all the Choctaw nation on the other part, (hall be univerfal; and the contracting parties fhall ufe their utmoft endeavours to maintain the peace given as aforefaid, and
f'riendfhip re-eftablifhed.

In witnefs of all and every thing herein determined, between the United States of

America and all the Choctaws, We, their underwritten commiffioners,, by virtue of

our full powers have iigned this definitive treaty, and have caufed our feals to be

hereunto affixed.

,

Done at Hopewell on the Keowee this third day of January, in the year of our Lord one thoufand feven hundred and eighty-fix,

BENJAMIN HAWKINS. ANDREW P1CKENS. JOSEPH MARTIN,

X (Z. S.) X (L. 5.) X (Z. 5.)

TOOTEHOOMA.

X (Z. )

TOOBENOHOOMOCH. X (Z. 5.)

YOCKENAHOMA.

X (Z. S.)

YOCKEHOOPO1E.

X tZ. S.)

MING'OHOOPIE.

X(Z. 5.)

"I'OBOCOH.

X(Z. S.)

POOSHEM A STUBY. X (Z. S.)

POOSHAHOOMA.

X (Z. 5.)

TUSCOONOOHO'OPOIE. X (Z. 5.)

SHIN SHEMASTUBY. X (Z. 5.)

YOOPAKOOMA.

X (Z. S.~)

STOONOKOOHOOPOIE X (Z. 5.)

TEHAKUHBAY.

X (Z. )

POOSHEMASTUBY, X(Z. 5.)

TUSKKAHOOMOCH. X (Z. S.)

TUSHKAKOOMOCH. X (Z. 51.)

YOOSTENOCHHA.

X (Z. 5.)

CHECOOPOOHOOMOCH.X (Z.- S>]

APPENDIX.

615

STONAKOOHOOPOIE. X(Z. S.')

TUSHKOHEEGOHTA. X (Z. S.)

TESHUHENOCHLOCH. X(Z.S.)

POOSHONALTLA.

X (Z. S.)

OKANCONNOOBA.

X (Z. S.)

HUTOONACHUBA.

X(Z.5.)

PANGUKOOLOCH.

X(Z. 5.)

STEABEE.

'

X (Z. )

TENCTEHENNA.

X (Z. 5.)

TUSHKEMENTAHOCK. X (Z. 5.)

TUSHTALLAY.

X (Z. 5.)

ESHNAANGCHABBA. X (Z. 5.)

CUNNOPOIE.

X (Z. 5.)

Witnefs, William Blount, John Woods, Samuel Taylor, Robert Anderfon, Ben jamin Lawrence, John Pitchiym, James Cob, interpreters.

- TREATY AT HOPEWELL,
WITH, THE CHICKASAW INDIANS, IN 1786.

ORIGINAL.
Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca Old Town, between Benjamin Hawkins, Andrew Pickens and Jofeph Martin, commiffioners plenipotentiary of the United States of America, of the one part, and Piomingo, head warrior and fir ft rnuiiiler of the Chickafaw .nation, Mingatuflca, one of the leading chiefs, and Latopoia, firtt beloved man of the fa id nation, commiffioners plenipotentiary of all the Chickafaws, of the other part.

E commiffioners plenipotentiary of the United States of America give peace JL to the Chickafaw nation, and receive them into the favor and protection of the laid ftatesj on the following conditions :

ARTICLE I.

The commiffioners plenipotentiary of the Chickafaw nation (hall reftore all the pri-

foners, citizens of the United States,, to their entire liberty, if any there be in the

Chickafaw nation. They (hall alia reftore all .the negroes and other property taken

during the late war from the; citizens, if any there be in the Chickafaw nation, to fuch

perfon and at fuch time and place as the commiffioners of the United States of Ame

rica fliall appoint.

*

ARTICLE II.
The commiffioners plenipotentiary of the Chickafaws, do hereby acknowledge the tribes and towns of the Chickafaw nation ; to be under the protection of the United States of America, and of no other fovereign whatfoeyer.

ARTICLE III.
The boundary of the lands hereby allotted to the Chickafaw nation to live and hunt on, within the limits of the United States of America, ,is, and fliall be the follow
ing, viz. Beginning on the ridge that divides the waters running into the Cumber-

APPENDIX,

land, from thofe running into the Tennefee, at a point to be run in a line northeaft,

'which fhall ftrike the Tennefee, atthe mouth of Duck River, thence running wefterly

along the faid ridge, till it (hall ftrike the Ohio; thence down the fouthern banks

thereof to the Miffifippi; thence down the fame, to the Choclaw line or Matches dif-

trift; thence along the faid line, or the line of the diftrift eaftwardly as far as the

Chickafaws claimed, and lived and hunted on, the twenty-ninth of November, one

thoufand feven hundred and eighty-two; thence the faid boundary eaftwardly, fhall

be the lands allotted to the Choclaws and Cherokees to live and hunt on, and the lands

prefent in the pofleffion of the Creeks; faving and referving for the eftablifhment of

a trading poft, a tracl or parcel of land to be laid out at the lower poft of the Mufclq

Shoals at the mouth of Ocochappo, in a circle, the diameter of which fhall be five

miles on the*

River, which poft, and the lands annexed thereto., {hall be

to the ufe and under the government of the United States of America.

ARTICLE IV. If any citizen of the United States, or other perfon not being an Indian, fhall at tempt to fettle on any of the lands hereby allotted to the Chickafaws to live and hunt on, fuch perfon fhall forfeit the protection of the United States of America, and the Chickafaws may punifh him or not as they pleafe.

ARTICLE ,y. If any Indian or Indians, or perfons refiding among them, or who fhall take re fuge in their nation, fhall commit a robbery or murder, or other capital crime, on any citizen of the United States, or perfon under their protection., the tribe to which fuch offender or offenders may belong, or the nation fhall be bound to deliver him or them up to be punifhed according to the ordinances of the United States in congrefs aflembled : Provided^ That the punif'huierit fhall not be greater, than if the robbery or murder, or other capital crime had been committed by a citizen on a citizen.
ARTICLE VI. If any citizen of the United States of America, or perfon under their proteUon ? fhall commit a robbery, or murder, or other capital crime, on any Indian, fuch of fender or offenders fhall be puniOied in the fame manner as if the robbery, or mur der, or other capital crime had been committed on a citizen of'the United States'of America; and thepunifhmentfha.il be in prcfence of fome of the Chiekafaws, if anywill attend at the time and place, and that they may have an opportunity fo to do, due no tice, if practicable, of fuch intended puniihment fhall be fent to fome one of the tribes, .

ARTICLE VII, It is underftood, that the punifhment of the innocent under the idea of retaliation is unjuft, and fhall not be praftifed on either fide, except where there is a majiifeft violation of this treaty, and then it fhall be preceded firft by a demand of juftice? and if refufed, then by a declaration of hoftilties.

ARTICLE VIII. For the benefit and comfort of the Indians, and for the prevention of injuries or oppreffions on the part of the citizens or Indians, the United States in Congrefs af.
. * The name of the river is not iu-the original.

. APPENDIX,

,

femble'cl, (hall have the fole and exclufive right of regulating the trade with the In dians, and managing all their affairs in fuch manner as the'y think proper.

ARTICLE IX. Until the pleafure-of congrefs be known refpeHng the eighth article, all traders, citizens of the United States, fhall have liberty to go to any of the tribes or towns of the Chickafaws to trade with them, and they fhall' be protected in their perfons and property, and kindly treated.
ARTICLE X. The faid.Indians {hall give notice to the citizens of the United States of America of any defigns which they may know or fufpecl to be formed in any neighboring tribe, or by any perfon whofoever, againft the peace, trade or intereft of the United States of America.

ARTICLE XL The hatchet fhall be forever buried, and the peace -given By the linked States of America, and friendfhip re-eftablifhed between the faid ftates on the one part, and the Chickafaw nation on the other part, {hall be univerfal; ar\d the contracting parties fhall ufe their utmott endeavors to maintain the peace given as aforefaid and friend-
iliip re-eftablifhed.

In witnefs of all and every thing herein contained between the faid ftates and Chickafaws, We, their underwritten commiffioners, by virtue of our full powers, have figned this definitive treaty, and have caufed our feals to be hereunto affixed.

Done at Hopewell, on the Keowee, this tenth day of January, in the year of our Lord one thoufand (even hundred and eighty-fix.

BENJAMIN HAWKINS.
ANDREW PIC-KENS'. "
JOSEPH MARTIN.

(L s.j
(L. S.)
(L. S.)

PIOMINGO.
MINGATUSKA.
LATOPOIA.

x(Ls.)
X (L. S.)
X (L. S.)

Witnefs, William Blount, William Hazzard3 Samuel Taylor,, James Cole, fwora interpreter*

4t

APPENDIX,
TREATY AT SHOULDER-BONE,
WITH THE CREEK INDIANS., IN 1786.
Articles of a treaty of peace, amity and commerce, concluded neair the mouth of Shoulder-bone Creek, a branch of the Oconee River, the third day of Novem ber, in the year of our Lord one thoufand feven hundred and eighty-fix, and of the independence of the United States of America the eleventh, between the fubfcrjbing commiffioners, in behalf of the ftate of Georgia, of the one part, and the underwritten kings, head men and warriors, in behalf of the Creek nation, on the other, on the following conditions, namely:
W HEREAS, fince the figning of the laft treaty held at Galphinton, and' dated the twelfth day of November, one thoufand feven hundred and eighty-five, between commiffioners appointed by thefaid ftate and the kings, head men and war riors of the faid Creek nation, acls of hoftility have been committed by parties of the. Indians on the inhabitants of the faid ftate, in violation of the faid treaty, whereby the friendfhip and harmony fo effentially neceffary to bosh parties have been greatly difturbed: And whereas the faid parties are now mutually defirous of renewing a treaty, which may comprehend fuch articles as will give fatisfaftion to the party inju red, and refiore peace, friendfhip and commerce to both. It.is therefore covenant ed and agreed;
Firft, The Indians for themfelves and the reft of the kings, head men and warri ors of the Creek nation, do promile and engage that fix of their people who were of the parties that murdered the fame number (fay fix) of the white inhabitants laft fpsing, foall be put to death in a manner fatisfaclory to the perlbn or perfons whom bis honor the governor or the commiffioners may fend to fee it done. And that the white people who were the means of the faid murders being committed ihalV be removed from the nation without delay.
Second, All negroes, horfes, cattle and other property now in the nation, and which were taken from the inhabitants of Georgia, (hall be reftored to fuch perfon or perfons as his honor the governor or the commiffioners fhall direct. All white or other free people ir* the nation who- are held as prifoners or {laves fhall alfo be de livered up to the aforefaid perfons.
Third, If any citizen of this ftate or other perfon or perfons fliaH attempt to fet tle or run any of the lands referved for the Indians for their hunting grounds, fueh perfon or perfons may be detained until the governor fh-all be informed thereof, and demand him or them, and then any of the tribes near fuch offenders, to come and fee the punifhment according to fuch laws as now are or hereafter, may be enaled by the faid ftate for trying fuch offenders.

APPENDIX.

-

6<;

Fourth, The punifhing of innocent perfons under the idea of retaliation ftial!

not be pra&ifed on either fide.

,

Fifth, If any citizen of the ftate or other white perfon or perfons {hall commit -a robbery or murder or other capital crime on any Indian, fuch offender fhall be de livered up to juftice and be tried according to the laws of the ftate, and due notice of fuch intended punifhment fhall be fent to fome one of the tribes.

Sixth, If any Indian fhall commit a robbery or murder or other capital crime

on any white perfon, fuch offender fhall receive a punifhment adequate to the of

fence, and due notice of fuch intended punifhment [hall be given to his honor the

governor.



Seventh, If the Indians fliall know or iufpeCl of any defign of any neighboring tribes again ft the peace or fafety of this Rate, they fhall make the fame known in the moft expeditious manner to his honor the governor.

Eighth) AH white perfons fhall be at liberty, and conduced in fafety into the fettled parts of the ftate when they fhall require it; except fueh perfons as {hall come under the reftriftions pointed out in the third article,

Ninth, The trade with the Indians (hall be carried on as heretofore. And all juft debts due by any of the faid Indians to any of the merchants or traders of the faid ftate fhall be fairly and fully paid,

Tenth, the prcfent temporary lines reierved to the. Indians for their hunting grounds fhall be. agreeable to the treaties held at Augufta and Galphinton, the former bearing date the firft day of November, one thoufand feven hundred and eighty-three, and the latter the twelfth day of November, one thoufand feven hundred and eighty-five, every part of which is hereby fully confirmed. And the faid lines fhall be marked as loon as the Indians can pojHibly make it convenient to come down and fee it done, the prefent being their hunting feafon. And of their intention of attending for the faid purpofe they fliall notify his honor the governor, at leaftone month before their de parture from the nation.

Eleventh, After the aforefaid lines are marked, neither white perfons por Indians

fliall be allowed to pafs them without a fpecial licenfe for that purpofe; that for a

white perfon to be from under the hand of his honor the governor, and that for a

trader or Indian from under the hand of the agent of the flate, or his deputy redd

ing in the nation. Any perfon of either party who {hall be found tranfgrefli-ng this

article, fhall be detained until the authority to whom fuch offender belongs fliall be

informed thereof.

.

'

Twelfth, In proof of ^heir good faith and fincere inter-itions to perform the before mentioned articles, and for the fecurity of the inhabitants of (.he faid flate, the In dians-agree to leave in the hands of the convmiffioners ,five of their people, namely,, ChuuockHe Micko, of the Cowetas; Cuchas, of the .Cufletas; Suckawockie, bror ther to the laft named, alfo of the Cufletas; Emathlocks, fecond man of the Broken Arrow, and Enautaleche, nephew to the head man of the Swagios. The laid In dians, du-ring their flay ampiig the white people, fliall be provided with c.oiafor*able djiet, lodging and clothing, and-be well treated' in e' very other refpeft.

6ao

APPENDIX.

In witnefs whereof the parties have hereunto affixed their hands and feals the day and year above mentioned.
On the part of the ftate. JOHN HABERSHAM. ABRAHAM RAV-OT. j. CLEMENTS. JAMES M'NEIL. JOHN KING. JAMES POWELL. FERDINAND O'NEIL. JARED IRWIN. %

On the part of the Indians.

CUSA MICO.

NINNEHOMOHT.A TUSTE.

NUCKIE MICO.

MICO CHEE.

HOTHLEPOYA MICO.

OPOHETHLE MICO, or Tallifee king.

OPAYA LATA.

OPAYA HAJO.

EUFALA TESLONOKY.

'

OKELLASA HAJO.

ENEATHLACO OPAYA.

WAWLATA MICO.

OPAYA EMATHLA.

OCKEHAN HAJO.

OLACKTA.

TULJISCA MICO.

TUSTO NUCKIE.

HOTTEST MICO.

OSUCHEE MATHTA.

CVSSITA MICO.

. ENEA MICO.

.

ENEA THLACO.

EPHA TUSTO NUCKIE.

ESPANE TUSTO NUKIS.

GOPPITCHU TUSTO NUCKIE,

OKE LESA.

COUSA TUSTOMUCKIE.

YAHOLA MICO.

ECONEHOT HAJO.

CUSA MICO.

'

CUCI-IAS MICO.

OCHUNNEE HOLA.

FOUSACHEE MICO.

HOLAU HAJO.

TUSIKIA MICO.

AUSUNUCK TUSTONUCKIE.

. X (L. S.)

X (Z..S.)

X (Z. S.)

X (L, S.)

X (L. S.)

X (L. S.)

X (L. S.)

X-(L. S.)

X (L. S.)

X (L. S.)

X (L. S.)

X (Z. S.)

X (L. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. 5.)

X (L. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

X (Z. S.)

. X (Z. 5.)

X -(Z. S,)

X (Z. 5.)

X (Z. S.

X (Z. S.

X (Z. S:}

'X (Z. 5.)

'

X(Z..5.-)

X (Z. S.)

APPENDIX,

621

TUSIKIA MICO.

X (L. 5.)

]EOMY JUSTO NUCKIE.

X (L. S.)

TOLOBE MATHLA.

X (L. S.)

HITCHETA MICO.

X (L. S.)

OPAYE JUSTO NUCHIE.

'X (Z. S.)

TUSTO NUCHIE.

..

X (L. S.)

AULACK HAJ.O. .

X (L. S.)

ENEA THLACO.

X (L. S.)

HOPAYE MICO,



X (L. S.)

OTHLEPOYA MICO,

X (L. S.)

CHUWACKLE MICO,

X (L. S.) ,

ENEUTHLOGKO.

X (L. S.)

OLACTE EMATHLA,

X (L. S.)

MUOJOY.

X (L. S.)

HALLATOWEGIE,

X (L. S.)

WILL JONES.

X (L. 5.)

CHATOSSAHA.

X (Z. S.)

SQKAKOWAY.

'

X. (Z. S.)

CUCHAS HAJO.-

X(L.S.)

TOUTKIS HAJO.

X (Z. S.)

OPAYOUCHEE.

X (Z. S.)

TUSK ENCHA.

X (Z. S.)

WAKSE HAJO.

X(Z.'5.)-

Signed, Sealed and delivered in prefence of folin Twiggs, Daniel M'Murphy,

John Graves, James Darouzeaux, Philip Scot3 P, S, his wark, James M. Stewart,

622

APPENDIX.

TREATY AT NEW-YORK,
WITH THE CREEK INDIANS, IN 1790.

A treaty of peace and friendfhip made and concluded between the prefident of the United States of America, on the part and behalf of the faid ftates, and the underiigned, kings, chiefs, and warriors of the Creek nation of Indians on the part and behalf of the faid nation.

T HE parties being defisrous of eiiabliflnng permanent peace and fne.ndfhip between the United States and the faid Creek nation, arid the citizens and members thereof, and to remove the caufes of war by afcertaining their limits, and making other neceffary juft and friendly arrangements: The prefident of the .United- States, by Henry Knox, fecretary for the department of war, whom he hath conftituted with full powers for thefe purpofes, by arid with the advice and con fen t of the. Seriate of the United States, and the Creek nation, by the underfigned kings, chiefsj and war riors, reprefenting the faid nation., have agreed to the following artidfs,

ARTICLE I. There fhall be a perpetual peace and friendfhip between all the citizens of the Uni ted States of America, and all the individuals, towns and tribes of the upper, middle^ and lower Creeks and S,amanolies5 cqmpofing the Creek nation of Indians.

ARTICLE II. The underfigned kings., chiefs and warriors, for themfelves and all parts of the Creek nation within the limits of the United States, do acknowledge themfelves, and the faid parts of the Creek nation, to be under the protection of the United States of America, and of no other fovereign whatfoevcr; and they alfo ftipulate that the faid Creek nation will not hold any treaty with an individual ftate or with individuals of
any ftate.

ARTICLE III.

The Creek nation fhall deliver, as foon as practicable, to the commanding officer

of the troops of the United States, Stationed at the Rock Landing on the Oconee Ri

ver, all citizens of the United States, white inhabitants or negroes, who are now pri-

foners in any part of the faid nation. And if any fuch priloners or negroes fhould

not be fo delivered on or before the firft clay of June enfuing, the governor of Geor

gia may empower three perfons to repair to the faid nation in order to claim and re

ceive fuch prifoners and negroes.

,

ARTICLE IV.

-'-fy^

The boundary between the citizens of the United States aftdth'e Creek nation is and

{hall be, from where the old line ftrikes the river Savannah; thence p the faid river to

a place on the moft northern branch of the fame cornmoffly called the Keowee, where

a northeaft line, to be drawn from the top of the Ocarina mountain, fhall interfect;

thence along the laid line in a fouthweft direction t<5 the Tugalo River^ thence to the

.APPENDIX.

623

top of the Currahee mountain; thence to the head or main .Couth branch of the Oconee River, called the Appalachee; thence down the middle of the fa id main fouth branch and river Oconee, to its confluence with the Oakmulgee, which form the ri ver Alatamaha; and thence down the middle of the faid Alatamaha to the old line on the laid river; and thence along the (aid old line to the river St. Mary's. And in or der to preclude forever all difputes relatively to the head or fource of the main fouth branch of the river Oconee, at the place where it (hall be interfefted by the line aforefaid from the Currahee mountain, the fame fhall be afcertairied by an able furveyo'r on the part of the United States, who {hall be aflifted by three old citizens of Georgia, who may be appointed by the governor of the faid ftate, and three old Creek'chiefs, to be appointed by the faid nation; and the faid furveyor, citizens and chiefs fhall affemble for this purpofe on the firtt day of Oclober, one thoufand feven hundred and ninety-one, at the Rock Landing on the faid river Oconee, and thence proceed to afcertain the faid head or fourre of the main fouth branch of the faid river, at the place where it. fhall be interf'efled by the line, aforefaid, to be drawn from the Currahee mountain. And in order that the faid boundary fhall be rendered diftinft and well known, it fliall be marked by a line of felled trees at lead twenty feet wide, and the trees chopped on each fide, from the faid Currahee mountain to the header fource of the faid main fouth branch of the Oconee River, and thence down the margin of the faid main fouth branch and river Oconee for the diftance of twen ty miles, or as much farther as may beneceflary to mark diftinflly the faid boundary. And hi order to extinguish forever all claims of the Creek nation, or any part thereof, to any of the land lying to the northward and eaftward of the boundary herein defcribed, it is hereby agreed, in addition to the confiderations heretofore made for the faid land that the United States will caufe certain valuable Indian goods now in the ftate of Georgia to be delivered to the faid Creek nation; and the faid United States will alfo caufe the fum of one thoufand five hundred dollars to be paid annually to the faid Creek nation. And the underfigned kings, chiefs and warriors do hereby, for themfelves and the whole Creek nation, their heirs and defcendants, for the confideration above mentioned, rele^afe, quit claim, relinquifli and cede all the land to the north ward and eaftward of the boundary herein defcribed.

ARTICLE V. The United States folemnly guarantee to the Creek nation all their lands within the limits of the United States, to the weftward and fouth ward of the boundary deferibed in the preceding ariiele.

-

ARTICLE VI.

If any citizen of the United States or other perfon not being an Indian, mall

attempt to fettk on any of the Creeks' lands, fuch perfon ihall forfeit the pro-tec-

tioo of the United States, and the Creeks may puniffe him or not as they pleafe."

ARTICLE VII, No citizen or inhabitant of the United States fhall attempt to hunt or deftroy game on the Creeks'lands: Nor fhaU-any fuch citizen or inhabitant go into the Creek county without a paffport firft obtaitaed from the governor of fome one of the United States, or the officer of the troops of the United States commanding at the neareft military poft on the frontiers, or fuch other perfon as the prefident of the United States may from time"to time authorize to grant the fame,.

624

ARTICLE VI II.
If ally Creek Indian 'Or Indians, or per-fon refiding among them, or who fhaSI take refuge in their nation, fhall commit a robbery or murder or other capital crime on any of the citizens or inhabitants of the United States, the Creek nation or town or tribe to which futh offender or offenders may belong, (hall be bound "to deliver him or them up,, to be punirhed according to the laws of the United States.

'..



^

' ' ARTICLE IX.

;'

.

If any citizen or inhabitant of the United States or of either of the territorial

diftrifts of the United States, (hall go into any town, fettlernent or territory belong-

ing to the Creek nation of Indians, and (hall there commit any crime upon or tref-

pafs againft the perfon or property of any peaceable and friendly Indian or Indians,

Avhich if committed within the jurifdiQion of any ftate, or within the jurifdiQion of

either of the {'aid diftriehs, againft a citizen or white inhabitant thereof, would be

punifhable by the laws of fuch ftate or diftrict, fuch offender or offenders fhall be

fubjecl to the fame punifhment, and (hall be proceeded againft in the fame ,manef

as if the offence had been committed within the jurifdiQion of the ftate or diftriQ, to>

which he or they may belong,, againft a citizen or white inhabitant thereof,

ARTICLE X.
In cafes of violence on the perfons or property of the individuals of either party 4 neither retaliation nor reprifal fhall be committed by the other, until fatisfaclion {hall have been demanded of the party of .which the aggreffor is, and fliallhave been refufed,

ARTICLE XI.
The Creeks fhall give notice to the citizens of the United States of any defigns which they may know or fufpecl to be formed in a neighboring tribe, or by any perion whatever, againft the peace and interefts of the United States.

ARTICLE XII.
That the Creek nation may be led to a greater degree of civilization, and to be come herdfmen and cultivators, inftead of remaining in a ftate of hunters, the Uni ted States will from time to time furnifh^ gratukoufly, the faid nation with ufeful doftieftic animals and implements of huibandry; and further to affift the faid nation in
fo defirable a purfuit, and at the fame time to eftablifh a certain mode of communi cation, the United States will fend fuch and fo many perfons to reiide in faid nation as they may judge proper, and not exceeding four in number, who fliall qualify themfelves to act as interpreters. Thefe perfons fhall have lands affigned them by the Creeks for cultivation, for themfelves and their fucceffors in office; bat they fhall be pre cluded exereifing any kind of traffic,

ARTICLE XIII, All animofities for paft grievances fhall henceforth ceafe; and the contracting par ties will carry the foregoing, treaty into full execution, with all good faith and fmeerity.

APPENDIX.

1)25

ARTICLE XIV. -This treaty fhall tak6 etfeft and be obligatory on the contracling parties as foon as the fame (hall have been ratified by the prefident of the United States, with the ad
vice and confent of thefenate of the United States.

In witnefs of all and every thing herein determined, between the United States of America and the whole Cree'k nations, the parties have hereunto fet their hands and feals, in the city of New-York, within the United States, this fcventh day of Auguft,
one riioufand feven hundred and ninety,

In behalf of the United States. H. KNOX, Secretary at War, dndfole CommiJJioner for treating with the. Creek nation of Indians,
In behalf of themfelves and the whole Creek nation of Indians* ALEXANDER M'GILLIVRAY.

fFUSKATCHE MICO, or Bird-tail King.

X(L. S.')

4 NEATHLOCK, or Second Man.
[HALLETEMAL THLE, or Blue Giver,

X (L. S .) X (L. S.)

Little Talli OPAY MICO, or the Singer/

X(L. S,)

fee.

TOTKESHAJOU, or Samonia.

X (L. S.)

HOPOTHE MICO, or Tallifee King.

X(L. S.)

OPOTOTACHE, or Long Side.

X (L. S.)

Tuckabntchy,

SOHOLESSEE, of Young Second Man. OCHEEHAJOU, or Aleck Cornel,

X(L.S.) X(L. S,)

f CHINABIE, or the Great Natches Warrion NATSOWACHEHEE, or the Great Natches,

XX((LL..SS.')/

Natches, ( WARRIOR'S BROTHER.

X (L. S.)

THAKOTEEHEE, or the Mole.

X(L. S.)

[_OQUAiBEE,

X (L. S.)

f TUSKENAAH, or Big Lieutenant.

X (L. S.)

Cowetas.

J HOMATAH, or Leader. ] CHINNABIE, Of Matthews.

X (L. S.) X (L. S.)

(jULEETAULEMATHA, or Dry Pine.

X (L. S.)

Of the Bro ken Arrow.

j CHAUOCKLY

MICO.

X (L. S.)

fCOOSADES HOPOY, or the Meafurer.

X (L. S.)

Coofades. 4 MUTHTEE, or the Miffer.
LSTIMAFUTCHKEE, or Good Humor.

X (L. S.) X (L. S.)

Alabama Chief. STILN ALEEJEE, or Difputer.

X (L. S.)

Oakfoy.

MUMAGECHEE, David Francis,

X (L. S.)

. Done in prefence of Richard Morris,, chief juftice of the ftate of New-York;

Richard Varick, mayor of the city of New-York; Marinus Willet, Thomas Lee

Shippen, of Peiinl'ylvania; John Rutledge, jun. Jofeph Alien Smiths Henry

Jofeph Cornell, his X mark, interpreter.

4.K

,

'6*6

APPENDIX.

TREATY AT HOLSTON,

WITH THE CHEROKEE INDIANS, IN J 79 t.

(5
A treaty of peace and friendfhip made and concluded between the prefident of the United States of America on the part and behalf of the faid ftates, and the underfigned chiefs and warriors of the Cherokee nation of Indians, on the part and be half of the laid nation.
rTPHE parties being defirous of eftablifhing permanent peace and friendfhip beJL tween the United States and the faid Cherokee nation, and the citizens and members thereof, and to remove the caufes of war, by afcertaining their limits and making other necefiary, juft and friendly arrangements: The prefident of the United States, by William Blount, governor of the territory of the United States of Ame rica fouth of the river Ohio, and fuperintendent of Indian affairs for the fouthern diftri'8:, who is veiled with full powers for thefe purpofes, by and with the advice and confent of the fenate of the United States, and the Cherokee nation, by the underfigned chiefs and warriors reprefenting the faid nation, have agreed to the follow ing articles, namely:
ARTICLE I. There fhall be a perpetual peace and friendfhip between all the citizens of the Uni ted States of America, and all the individuals compofing the whole Cherokee nation of Indians.
ARTICLE II. The underfigned chiefs and warriors, for themfelves and all parts of the Cherokee nation do acknowledge themfelves and the faid Cherokee nation to be under the proteQion of the United States of America, and of no other fovereign whofoever; arid they alfo ftipulate, that the faid Cherokee nation will not hold any treaty with any foreign power, individual ftate, or with individuals of any ftate.
ARTICLE III. The Cherokee nation (hall deliver to the governor of the territory of the United States of America fouth of the river Ohio, on or before the firft day of April next, at this place, all perfons who are now prifoners, captured by them from any part of the United States; and the United States fhall, on. or before the fame day, and at the fame place, reftore to the Cherokees all the prifoners now in captivity, which theci-_ tizens of the United States have captured from them.
ARTICLE IV. The boundary between the citizens of the United States and the Cherokee nation is and fhall be as follows: Beginning at the top of the Currahee mountain, where the Creek line paffes it; thence a direfl: line to Tugalo River; thence northeaft to the Ocunna mountain, and over the fame along the South-Carolina Indian boundary to the North-Carolina boundary; thence north, to a point from which a line is to be extended to the river Clinchj that fhall pafs the Hoifton at the ridge which divides the

APPENDIX,

637

waters running into Little River from thofe running into the Tenneffee; thence up the river Clinch to Campbell's line, and along the fame to the top of Cumberland mountain; thence a direct line to the Cumberland River, where the Kentucky road croffesit; thence down the Cumberland River to a point from which a ibuthweft line willftrike the ridge which divides the waters of Cumberland from thofe of Duck Ri ver, forty miles above Nafhville; thence down the (aid ridge to a point from whence a fouthweft line will ftrike the mouth of Duck River.

And in order to preclude forever all difputes relative to the faid boundary, the fame fhall be afcertained and marked plainly by three perfons appointed on the part of the United States, and three Cherokees on the part of their nation.

And in order to extinguifh forever all claims of the Cherokee nation, or any, part

thereof, to any of the land lying to the right of the line above defcribed, beginning

as aforefaid at the Currahee mountain, itis.-hereby agreed, that in addition to the con-

fideration heretofore made for the faid land, the United States will caufe certain

valuable goods to be .immediately delivered to the underfigned chiefs and warriors, for the ufe of their nation; and the faid United States will alfo caufe the fum of one

thoufand dollars to be paid annually to the faid Cherokee nation. And the underfigned

chiefs and 'warriors do hereby, for themfelves and the whole Cherokee nation, their

heirs and descendants, for the confiderations above mentioned, releafe, quitclaim,

relinquish and cede all the land to the right of the line defcribed, and beginning as

aforefaid.

v

.

.

ARTICLE V. It is ftipulated and agreed, that the citizens and inhabitants of the United States,

fliall have a free and unmolefted ufe of a road from Walhington diftricl to Mero

diftricl, and of the navigation of the Tenneffee River.

, ARTICLE VI.' It is agreed on the part of the Cherokees, that the United States fhall have the folc and exclufive right of regulating their trade,.

ARTICLE VII.

The United States folemnly guarantee to the Cherokee nation^ all their lands not

hereby ceded.

'

ARTICLE VIII.
If any citizen of the United States or other perfon, not being an Indian, (hall fet.de on any of the Cherokees' lands, fuch perfon fliall forfeit the protection of the United States, and the Cherokees may puniih him or not, as they pleafe.

ARTICLE IX. No citizen or inhabitant of the United States, fhall attempt ,to hunt or deftroy the .game on the lands of the Cherokees, nor mall any citizen or inhabitant go into the Cherokee country, without a paflport firft obtained from the governor of feme one of the United States, or territorial diftriQs, or fuch other perfon as the prefidenl O/. the United States m' ay from time to time a' ut' h' orize to grant the fa'me",

,

APPENDIX.



ARTICLE X,

If any Cherokee Indian or Indians, orperfons refiding among them, or who Khali

take refuge in their nation, Dial! fteal a bode from, or commit a robbery or murder,

or other capital crime, on any citizens or inhabitants of the United States, the Chero

kee nation {hall be bound to deliver him or them up, to be punifhed according to'the

laws of the United States.

ARTICLE XL If any citizen or inhabitant of the United States, or either of the territorial diftri&s of the. United States, fhall go into any town, fettlement or territory belonging to the Cherokees, and fhall there commit, any crime upon, or trefpafs againft the perfon or property of any peaceable and friendly Indian or Indians, which if committed with in the jurifdiQion of any ftate, or within the jurifdiQion of either of the faid.diftfifts, againlt a citizen or white inhabitant thereof, would bepunifhable by the laws of fuch ftate ordiflrici, fuch offender or offenders, mail be fubjecl to the fame punifhment, and fhall be proceeded againft in the fame manner as if the offence had been commit ted within the jurifdiQion of the ftate or diftricl to which he or they may belong, againft a citizen or white inhabitant thereof.

ARTICLE XII. In cafe of violence on the perfons or property of the individuals of either party, neither retaliation nor reprifal fhall be committed by the other, until fatisfaftion fhall have been demanded of the party of which the aggreffor is, and fhall have been refufed.

A'RTICLE XIII. The Cherokees fhall give notice to (he citizens of the United States, of any defigns which they may know, or fufpeQ to be formed in any neighboring tribe, or by any perfon whatever, againft the peace and intereft of the United States,

ARTICLE XIV.

That the Cherokee nation may be led to a greater degree of civilization, and to

become herdfmen and cultivators, inftead of remaining in a ftate of hunters, the

United States will from time to timefurnifh gratuitoufly the faid nation with ufeful im

plements of hufbandry, and further to affift the faid nation in fo definable a purfuit,

and at the. fame time to eftablifh a certain mode of communication, the United States

will fend fuch and fo many perfons to refide in the faid nation as they may judge prop

er, not exceeding four in number, who fhall qualify themfelves to acl as interpreters.

Thefe perfons fhall have lands affigned by the Cherokees for cultivation, for them

felves and their fucceffors in office, but they fhall be precluded e^ercifing any kind of

traffic,

.

ARTICLE XV. All animofities for paft grievances fhall henceforth ceafe, and the contracting parties will carry the foregoing treaty into full execution with all good faith and fin-
cerity.

APPENDIX.

ARTICLE XVI.

Thia treaty fhall.take effeft and be obligatory on the contraaing parties, as foon as

the fame fliall have been ratified by the prefidenl of the United States, with the ad

vice and confent of the fenate of the United States. In witnefs of all and every thing herein determined between the United States of
America and the whole Cherokee nation, the parties have hereunto let their hands

and feals, at the treaty ground on the bank of the Hollton, near the month of the

French Broad, within the United States, this fecond day of July, in the year of our

Lord one thoufand feven hundred and ninety-one. WILLIAM BLOUNT,

(L. S.)

Governor in and over the territory of the United States of America fouth of the

river Ohio, and fuperintendent of Indian affairs i'or the fouthern diftriQ:.

CHULEOAH, or the Boots.

SQUOLLECUTTAH, or Hanging Maw,

OCUNNA, or the Badger.

-

ENOLEH, or Black Fox.

NONTUAKA, or the Northward.

TEKAKISKA.

CHUTLOH, or King Fifher,

TUEKASEH, or Tarrapin.

KATEH.

KUNNOCHATUTLOH, or the Crane.

CAUQUILLEKANAH, or the Thigh.

CHESQUOTTELONEH, or Yellow Bird.

CHICKASAWTEHE, or Chickafaw Killer.

TUSKEGATEHE, Tulkega Killer.

KUTSATEHE.

,

T1NSTSHALENE.

SAWUTTEH, or Slave Catcher.

AUKUAH.

OOSENALEH.

KENOTETAH, or Rifmg Fawn.

KANETETOKA, or Standing Turkey.

YONWATLEH, or Bear at Home.

LONG WILL.

KUNOSKESKIE, or'John Watts.

NENETOOYAH, or Bloody Fellow.

CHUQU1LATAGUE, or Double Head,

KOOLAQUAH, or Big Acorn.

TOOWAYELLOH, or Bold Hunter.

SAHLE-OONOYEHLA, or Middle Striker.

KINNESAH, or Cabin.

TULLOTEHE, or Two Killer,

' . KOOLOUSKE, or Stop Still.

KULSATEH-E.

AUQUOTAGUE, the Little Turkey's Son,

X (Z. 5.) X (Z. S.} X (L. S.) X (L. .S.) X (L. S.) X (L. S.)
X (L. 5.) X (L. S.) X(Z. S.)
X (L. S.} X (L. S.~) X (L. S.) X(L.S.) X (L. S.) X(Z. 5.) X(Z. S.) X (L. 5.) X (L. 5.) X (L. S.~) X (L. 5.)
X (L. 5.)
X (L S.} X(i. S.}
X (Z. S.) X (L. 5.) X (Z. S.) X (Z. S.) X (Z. S.) X (Z. S.) X (Z. S.) X (Z. 51.) X (Z. 5.) X (Z, 5.) '
X (Z. S.)

630

APPENDIX. ,

TALOHTESKE, or Upfetter.

CHEAKONESKE, or Otter Lifter,

KESHEKAUNE, or She Reigns.

TQONAUNAILOH,

TESTEHE, or Common Difturber.-.

ROBIN M'CLEMORE.

.

SKYUKA.



JOHN THOMPSON, Interpreter.

JAMES GARY, Interpreter.

X (Z, )

X (Z. )

"'

X (Z. 5.)

X (Z. 5.)

X(Z.,S.)

X (Z, 5.)

X(Z. S.)

X (Z. 61,)

X(Z. 5.)

Done in prefence of Daniel Smith, fecretary. of the territory of the United States

fo'uth of the river Ohio; Thomas Kennady, of Kentucky; James Robertfon, of

Mero diftrift; Clairborne .Watkins, of Virginia; John M. Whitney, of Georgia;

Fauche, of Georgia; Titus Ogden, of North-Carolina; John Chifolm, of Waflj-

ington diftrift; Robert King, Thomas Gegg.

.

TREATY AT PHILADELPHIA,
WITH THE CHEROKEE INDIANS, IN 1794, '
Articles of a treaty concluded between the United States of America and the Cherokee Indians,
W HEREAS the treaty made and concluded on Holfton River, on the fecond day of July, one thoufand feven hundred and ninety-one, between the United States of America, and the Cherokee nation of Indians, has not been fully carried into execution by reafon of fome mifunderftandings which have arifen.
I. And whereas the underfigned Henry Knox, fecretary for the department of war, being authorized thereto by the prefident of the United States in behalf of the faid United States^ and the underfigned chiefs and warriors, in their own names and in behalf of the whole Cherokee nation, are defirous of re'-eftablifhing peace and friendfhip between the faid parties in a permanent manner, do hereby declare, that the faid treaty at Holfton is to all intents and purpofes in full force and binding upon the faid parties, as well in refpeft to the boundaries therein mentioned, as in all other refpefts whatever,
II. It is hereby ftipulated that the boundaries mentioned in the fourth article of the faid treaty fliall be actually afcertained and marked in the manner prefcribed by the faid article, whenever the Cherokee nation fhall have ninety days'notice of the time and place at which the commiffioners of the United States intend to commence their operation.

APPENDIX,

631

lit. The United States, to evince their juftice by amply compenfating the faid Cherokee nation of Indians, for all relinquifhments of land made either by the trea ty of Hopewell, upon the Kcowee River, concluded on the twenty-eighth of Novem ber, one thoufand feven hundred and eighty-five, or the aforefaid treaty made upon Holfton River on the fecond of July, one thoufand feven hundred and ninety-one, do hereby ftipulate in lieu of all former fums to be paid annually, to furnifh the Chero kee Indians with goods fuitable for their ufe to the amount of five thoufand dollars
yearly. .

IV. And the faid Cherokee nation, in order to evince the fincerity oftheir inten tions in future to prevent the practice of ftealing horfes, attended with the moft per nicious confequences to the lives and peace of both parties, do hereby agree, that for every horfe which fhall be ftolen from the white inhabitants by any Cherokee Indians and not returned within three months, that the fum of fifty dollars ftiall be dedufted
from the faid annuity of the five thoufand dollars.

V. The articles now ftipulated will be confidered as permanent additions to the treaty of Holfton as foon as they fhall have been ratified by the prelidentof the Uni
ted States and the fen ate of the United States.

In witnefs of all and every 4hing herein determined, between the United States of

America and the whole Cherokee nation, the parties have hereunto fet their hands

and leals, in the city of Philadelphia within the United States, this twenty-fixth day

of June, in the year of our Lord one thoufand feven hundred and ninety-four.

- . .'

H, KNOX, Secretary at War.

TETAKiSSKEE, or taken out of the Water.

X (L. S.)

NONTUAKA, or the Northward.

X (L. S.)

CINASAW, or the Cabin.

L(L.S.)

SKYUKA. .

, "'

X (Z. S.)

CHUQUILATAGUE, D. H. or Double Head.

X (L. S.)

]OH.N M'CLEMORE. ,

* X (L. S.)

WALALUE, or Humming Bird.

X (L. S.)

CHULEO.WEE.

D (L. S.)

USTANAQUA.

X(L. S.)

KULLSATHEE.

X (L. S.)

SITEAHA.



X (L. S.)

KEENAFUNA, or the Lying Fawn.

X (L. S.)

CHATOKAELESA, or the Fowl Carrier.

C (L. S.)

Done in the prefence of John Thompfon, Arthur Coody, interpreters, Cantwel Jones, of Delaware, William Wafford, of the ftate of Georgia, W, M'Caleb, of
South-Carolina, Samuel Lewis, of Philadelphia,

63a .

APPENDIX,'
TREATY-AT COLERA1N,
WITH THE CREEK INDIANS, IN 1796.

A treaty of peace and friendfhip made and concluded between the prefident of the United States of America on the one part and behalf of the faid ftates, and the underfigned kings, chiefs and warriors of the Creek nation of Indians on the part of , the faid nation.
patties being defiroiis of eftablifhing permanent peace and friendship between JL the United States and the faid Creek nation, and the citizens and members thereof, and to remove the caufes of war by afcertaining their limits and making other neceffary, juft and friendly arrangements; the prefident of the United States, by Benjamin Hawkins, George Clymer and Andrew Pickens, commiffioners whom he hath constituted with powers for thefe purpofes, by and with the advice and conlent of the fenate, and the Creek nation of Indians, by the underfigned kings^ chiefs and warriors reprefenting the whole Creek nation, have agreed to the following articles;
ARTICLE I. The treaty entered into at New-York between the parties, on the feventh day of Auguft, one thoufand feven hundred and ninety, is and mall remain obligatory ort the contracting parties, according to the terms of it, except as herein provided for,
ARTICLE II. The boundary line from the Currahee mountain to the head or fource of the main fouth branch of the Oconee River, called by the white people Appalatohee, and by the Indians Tulapocka, and down the middle of the fame, {hall be clearly afcertained' and marked at fuch time and in fuch manner as the prefident fhall direcl. And the Indians will, on being informed of the determination of the prefident, fend as many of their old chiefs -as he may require, and fee the line afeertained andrnarked.
ARTICLE III.
The prefident of the United States of America mall have full powers, whenever be may deem it advifable, to eftablifh a trading or military poft on the fouth fide of the Alatamaha, on the bluff about one mile above Beard's Bluff', or any where from thence down the faid river on the lands of the Indians, to garrifon the fame with any part of the military force of the United States, to protect the pofts and to prevent the violation of any of the provifions or regulations fubfifting between the parties; and the Indians do hereby annex to the poft aforefaid a trat of land of five miles fquare, Bordering one fide on the river, which poft and the land annexed thereto are hereby ceded to, and mail be to the ufe and under the government of the United States of America.
As foon as the prefident of the United States has determined on the time and man-* ner of running the line from the Currahee mountain to the head or fource of the main fouth branch of the Oconee, and notified the chiefs of the Creek land of the fame,,

APPENDIX.

63

a iu it able mimber of perfons OH their part fhall attend to fee the fame completed; and if the president fhould deem it proper then to fix on any place or places adjoining the river, and on the Indian lands, for military or trading polls, the Creeks who attend there will concur in fixing the fame according, to the wifh.es of theprefident. And to each poftthe Indians (hall annex a tract of land of five miles fquare, bordering one fide on the river. And the (aid lands fhall be to the life and under the government of the United States of America: Provided always, That whenever any of the tra ding or military pofts mentioned in this treaty fhall, in the opinion of the prefident of the. United States of America, be no longer neceffary for the purpofes intended by this ceflion, the fame fhall revert to and become a part of the Indian lands,

.,

ARTICLE V.

Whenever the prefident of the United States of America, and the ting of Spain,

tnay deem it advifable to mark the boundaries which feparate their territories, the pre'~ .

fident mall give notice thereof to the Creek chiefs, who will furnifh two principal

chiefs, and twenty hunters to accompany the perfons employed on this bufinefs, as

hunters and guides from the ChoQaw country to the head of St. Mary's. The chiefs

fhall receive each half a dollar per day, and the hunters one quarter of a dollar each

per day, and ammunition, and a reafonable value for the meat delivered by. them for

the uie of the perfons on this fervice.

ARTICLE vi.

The treaties of Hopewell, .between the United States and the Cho&aws and Chica-

faws, and at Holfton between the Cherokees and the United States, mark the bounda

ries of thof'e tribes of Indians. And the Creek nation dp hereby relinquifh all claims

to any part of the territory inhabited or claimed by the citizens of the United States ?

in conformity with the faid treaties*

fc .

ARTICLE vn,
The Creek nation fhall deliver, as foon as practicable, td the fuperintendent of Indian affairs, at fuch place as he may direct, all citizens of the United States j white inhabitants and negroes who are now prifoners in any part, of the faid nation^ agreeable to the treaty of New-York, and alfo all citizens, white inhabitants, negroes and property taken fince the figning of that treaty. And if any fuch prifoners, ne groes or property fliould not be delivered, on or before the firft day of January next, the.governor of Georgia may empower three perfons to repair to the faid na tion, in order to claim and receive fuch prifonersj negroes and property) under the direction of the prefident of the United States.

ARTJCLE VIII; In confideration of the friendly difpofition of the Creek nation towards the govi erhment of the United States, evinced by the ftipulations in the prefent treaty, and particularly the leaving it in the difcretion of the prefident to eftablim trading, or military pofts on their lands; the commiffioners of the United States, "on behalf of the faid {tales, give to the faid nation, goods to the value of fix thoufand dollars, and ftipulate to fend to the Indian nation, two blackfrniths, with ftrikers., to be, employed -for the upper and lower Creeks with the neceffary tools,

APPENDIX,
ARTICLE IX. All anitnofuies for paft grievances {hall henceforth ceafe, and the contracting par ties will carry the foregoing treaty into full execution wkh all good faith and fincerky, Provided neverlhelefs, That perfons now under arr.eft in theftate of Georgia for a vio lation of the treaty at New- York, are not 0 be included in this aranefty, but are to abide the decifion of law.
ARTICLE X, This treaty fhall take effect and be obligatory on the contracting parties,, as faon asthe fame fhall have been ratified by the president of the United States,, by and wkh the advice and confent of the fenate.
Done at Colerain the twenty-ninth of June, one thoufand fevea hundred and

BENJAMIN HAWKINS. GEORGE CLYMER. ANDREW PICK-ENS.

Cowetas.

CHRUCHATINEAH.

X

TUSIKIA M1CO.

X

IN.CLENIS MICO,

X

TUSK IN AH.

X

OAKFUSKEE TUSTUNEKA, X

CLEWALEE TUSTUNEKA, X

Ciijjitas,

TUSIKIA MICO,

X

CUSITA Mi CO,

X

TUISATEHEE MICO.

X

OPOEY MICO.

.

X

Broken Arrows*.

TUSTUNEKA MICO, ' X

OTHLEY OPOEY.

X

OPOEY TUSTUNEKA,

X

OBOETBLY'TUSTUNEKA. X

Euehees*

EUCHEE MICO,

X'

Usuchus*

OSAW ENEHAH.

X

EPHAH TUSTENAH.

X

TUSIKIA MICO.

X

Tahhanas.

OTHLEY POEY MICO.

%.

OTHLEY POEY TUSTIMIHA. X

Oakmulgees,

OPOEY THLOCCO.

X

PARACHUCKLEY.

X

TUSKENAH.

X

Euphales,

PAROSE MICO.

.-

X

TUSTUNIKA CHOPC'O,

X

Qltajfees.

FUSATEHEE HULLOO M-ICO. X

TUSIKIA MICO,

X

MICO "OPOEY,

x

T-alliffees',-

TALLISSEE MICO.

X

QTHLEY PAEY MICO1,

X

Little Oakjoys.

MEEKE MATLA.

X

Hickory Ground*

OPOEY MICO.

'

X

Chehaws;

Kuyolegees,

CHEHAW MICO,

X KELESE HATKIE,

X

APPENDIX.

Wealis. NEDHOMOTCA SOPOEY
TUSIK1A MICO.
Clewallees, OPQEY-E-MATLA.
HOSONAPE HODJO.
Tukabathefees, HOLAHTO MICO. TUSTUNIKA THLOCCO.
Oakfujkees. PASHPALAHA.
Abacouchees. SPAN! HODJO. TUSTINOKA.
Vpper OPOEY.
Natchees, CHINIBE.

5TILEPECK C.HATEE. '

X

TUCHESEE MICO.

.X

X

Kealegees.

CHEEA HAJO.

X

X

Hitchetaws.

TALMASEE MATLA.

X

X

Tuckabatchees.

TUSTINCKE HAJO.

X

X OKALISSA.

X

X ' CO WET A MATLA.

X

COOSA MICO.

X

FUSATCHEE MICO,

X

X PIO HATKU.

X

FOOSATCHU MICO.

X

NEATHLACO.

X

X TUCHABATCHEE HOWLA. X

X SPOKO HAJO.

X

X

Kiohcgees. CHUCK CLEACK NINCHO. X

OPOYO MATLA.

X

LACHL.EE MATLA.

X

. Up-per Chehaws.

SPOK.OI HODJO *

TUSTUNIKA,

X

Mackafoo'&os,
TUSKEIHENEHAW.

Oconees. HNAPEMATHA THLOCCO.

Cufetahs.

CUSA MICO.

X

TUSEKIA MICO .AHTEE. X

HALARTEE MAT LA.

X

TALAHOUA MICO.

X

NEATHLOCTO.

X

NUCKFAMICO.

X

ESTACHACO MICO.

X

TUSKI'GU TUSKINAGU.

X

COCHUS MIGO.

X

OPIO HAfO.

X

ONEA5 TUSyTENAGII.

ALAK AfO;

Big Talliffes.

CHOWOSTIA HAJO.

X

NEATHLOCO OPVO. '

X

NEATHLOCO.

X

CHOWLACTILY MICO.

X

TOCOSO HAJO.

X

IIOOCHEE MATLA.

X

HOWLACTA.

X

TUSTENICA MICO. '

X

OPOY FRAICO.

X

Big Tallejsf,,

HOULACTA.

X

ELCATU HAJO.

X

CHOSOLOP HAJO.

X-

COOSA HAJO. ' ' ('

X

'Tv.chabaiche.es,

CHOHAJO,

;

X

Coofe.es,

TUSHEGU TU'STINAGU.

X

TALSAMA WATALICA,

X

I

36

APPENDIX,

Euphakes,

TOTHES HAGQ.'

X

Oiafees,

OPIO TUSTINAGEE,

X

YAFKEE MALL HA JO.

X

OBOYETHLEE TUSTINAGEE. X

TUSTINAGEE HA JO.

' -X

HILLIBEE TUSTINAGEE HA-

JO.

.

X

EFFA TUSKEENA.

"

X

EMATHLEE LOCO.: .

X

TUSTENAGEE MICO.

X

YAHA TUSTINAGEE.

X

CUNCTASTEE JUSTINAGU. X

OtaJJ'ees,

COOSA TUSTINAGEE.

X

NEAMATLE MATLA,

X

Weeokees.

TUSTICNIKA HAJO.

X

Tuchabatchees. NEAMATOO.CHEE.

Cuflitas.

TELEWAOTHLEOPGYA. X

TALMASSE MATLA.

X

NIAH WEATHLA.

'' X

EM ATH LEE LACO.

'X

OTTESSEE MATLA,

X

MUCLASSEE MATLA.,

X

EUFALLE MATLA,

X

TuckabatcfiseS;

CUNIPEE HOWLA,

X

Cotuetas. HOFPOTAK TUSTINAGEE, X

;

Natchees.

SPOKO HODGO.

X

lichees.

TUSTINAGEE CHATEE.

X

Ufuchees.

SPOKOCA TUSTINAGEE. X

OTHLEYPOEYTUSTINAGEE.X

TUSKEENEAH.

X

Witnefs, James Seagrove, fuperinteradent of Indian affairs, C, N. Henry Gaither, lieutenant colonel commandant, Conftant Freeman, A. W. D. major artil lery and engineers, Samuel Tinfley, capt. 3d Tub-legion, Samuel Allifon, enfign ad fub-legion, John W. Thompfon, enfign ift U. S. fub-legion, George Gillafpy, furgeon, L. U, S. Timothy Barnajd, D. A. and fworn interpreter, James Burgefs, D. A. and fworn interpreter, James Jordan, Richard Thomas, Alexander Cornels, William Eaton, captain 4th U. S. fab-legion, commandant at Colerain, and fecretary to the cornmiffion.

And whereas^ the fenate of the United States, two thirds of the fenators prefent concurring, did by their refolution of the fecond day of March inftant, " Confent to and advife theprefident of the United States to ratify the treaty of peace and friendfhip, made and concluded at Colerain in the ftate of Georgia, on the agth June,, 1796, between the prefident of the United States of America, on the part and behalf of the faid ftates, and the kings, chiefs and warriors of the Creek nation of In dians, on the part of the faid nation : Provided and on condition^ That nothing in the third and fourth articles of the faid treaty, exprefled in the words following:",
" Article_3d. The prefident of the United States of America (hall have full pow ers, -whenever he may deem it advifable ; to eftablifli a trading or military poll on the fouth fide of the Alatamaha, on the Bluff, about one mile above Beard's Bluff; or any where from thence down the faid river on the lands of the Indians, to garrifon the fame with any part of the military force of the United States, to protect thep.oftj and to prevent a violation of any of the provifions or regulations fubfifting between the parties; And the Indians do hereby annex to the poft aforefaidj. a traft of land

APPENDIX.

of five miles fquare, bordering one fide on the river, which pofts and the lands an

nexed thereto, are.hereby ceded to, and ill all be to the ufe, and under the govern

ment of the United States of America.

" Article 4th. As foon as the prefident of the United States has determined on the

lime and manner of running-the line from the Currahee Mountain, to the head or

fource of the main, fouth branch of the Oconee, and notified the chiefs of the Creek

land of the fame, a fuitable number of perfonson their part mall attend, to fee the

famecompieied. And if the prefident fhall deem it proper, then to fix on any place

or places adjoining the river, and on the Indian lands for military or trading pofts;

the Creeks who attend there will concur in fixing the fame, according to the wiib.es

of the prefident. And to each port the Indians fhall annex a tracl of land of five

miies fquare, bordering one fide on the river. And the faid lands {hall be to the ufe and

under the government of the United States of-America. Provided always, That

whenever any of the trading or military pofts mentioned in this treaty, {hall in the

opinion of the prefident of the United States of America, be no longer neceffary

for the purpofes intended by this ceflion, the fame fhall avert to, and become a part of

the Indian lands," fhall beconftrued to affeft any claim of the ftate of Georgia, to

the right of pre-emption in the land therein fet apart for military or trading pofts; or

to, give to the United States without the confent of the faid ftate, any right to the

foil, or to the exclufive legiflation over the fame, or any other right than that of ef-

tablifhing, maintaining, and exclufively governing military and trading pofts within

the Indian territory mentioned in the faid articles, as long as the frontier of Georgia

may require thefeeftablifhments.

Now know ye, That I having feen and confidered the faid treaty, do hereby ac

cept ratify and confirm the fame, and every article and claufe thereof; under and

fubjefl: to theprovifo and condition and contained in the aforefaid refolution of the

fenate of the United States. In teftimony whereof, I have caufed the feal of the

United States to be hereunto affixed, and iia;ned the fame with my hand. Given at the city of Phi0kladelphia the eighteenth day " of M arch in the year of our

Lord one thoufand fcven hundred and ninety-feven, and in the twenty-firft year of

the fovereignty and independence of the United States of America.

JOHN ADAMS.

By the prefident of the United States.

;

.

TIMOTHY PICKERING, Secretary of State.

APPENDIX.
THE
IN CONGRESS, JULY 4, 1776,.
r i-IEN in die courfe of human events k becomes neceffary for one people to diiTolye the political bands which have connected them with another, and to
affume among the powers of the earth the feparateand equal ftation to which the laws of nature and of nature's GOD entitle them, a decent refpecl to the, opinions of man kind requires that they fhould declare the caufes which impel them to the feparation,
We hold thefe truths to be felfevident---that all men are created, equal; that they are endowed by their Creator with certain unalienable rights; that among thefe are life, liberty, and the purfuit of happinefs; that to fecure thefe rights governments are inllituted among men, deriving their j.uft powers from the confent of the governed;, that whenever any form of government becomes deftruflive of thefe ends, it is the right of the people to alter or to abolifh it, and to institute new government; laying its foundation on fuch principles, and organizing its powers in fuch form, as to them fhall feem moft likely to effect, their fafety and happinefs. Prudence, indeed, will diflate, that governments long ellablifbed fhould not be changed for light and trartfient caufes; and accordingly all experience hath fhewn that mankind are more clifpofed to fuffer, while evils are fufFerable, than to right themfelyes by abolilliing the forms to which they are accuftoined: But when a long train of abufes and ufurpations, purfuing invariably the fame objefel, evinces a defign to reduce them under abfolute defpotifm, it is their right---it is their duty--to throw off fuch government, and to provide new guards for their future fecurity. Such has been the patient fufferance of thefe colonies, and fuch is now the neceffity which conftrains them to alter their former fyftems of government. Thehiftory of the prefent king of Great Bri tain is a hittory of repeated injuries and ufurpations, all having in direct objeft the erlablifhment of an abfolute tyranny over thefe ftates. To prove this, let fafts be fubmitted to a candid world :
He has refufed his affent to laws the moft wholefome and neoeflary for the public good;
He has forbidden his governors to pafs laws of immediate and prefilng importance, ynlefs fufpcnded in their operation till his a (lent mould be obtained; and when fo fufpended, he has utterly negletled to attend to them;
Me has refufed to pafs other laws for the accoraodation of large diftriQsof people, milels thofe people would relinquifli the right of reprefentation in the logiflature^ right ineftimable to them, and formidable to tyrants only ;

APPENDIX,

639

He has called together 'legiflative bodies at places unufual, uncomfortable, and diftant from the depoh'tory of their public records, for the folepurpofe of fatiguing them into compliance with his meafures:
He has diffolved reprefentative houfes repeatedly for oppofing, with manly firmnefs, his invafions on the rights of the people;
tie has refufed, for a long time after fuch diffolutions, to caufe others to be elefted, whereby the legiflative powers, incapable of annihilation, have returned to the people at large for their exercife; the ftate remaining in the mean time expofed to all the dangers of invafion from without and convulfions within :
rie has endeavored to prevent the population of thefe ftates; for thatpurpofe obilrufting the laws for naturalization of foreigners; refufing to pafs others to encourage their migration hither, and railing the conditions of new appropriations of lands:

He has obftruBed the adminiftra'tion of juftice, by refufing his aflent to laws for eftablilliing judiciary powers;
He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their falaries:
He has creeled a multitude of new offices, and fent hither fwarnss of officers to harrafs our people and eat out their fubftance:
He has kept among us in times of peace Handing armies, without the confent of our legifiatures:
He has affeQed to render the military independent of and fuperior to the civil power;
He has combined with others to fubject us to a jurifdiclion foreign to our conftitulion and unacknowledged by our laws; giving his affent to thejr acts of pretended legislation:

For quartering large bodies of armed troops among us;
For protecling them, by a mock-trial, from puniihment for any murders which they fliould commit on the inhabitants of thefe Hates:

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

For.itnpofing taxes on us without our confent:

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

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

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

For taking away our charters, abolifhing our moft valuable laws., and altering, fun damentally the forms of our governments;

640

APPENDIX.

For Fu (pending our own legislatures, and declaring themfelves inverted with er to legiflate for us in all cafes whatfoever.
He has abdicated government here, by declaring us out of his protection and wa ging war againft us:
He has plundered our feas, ravaged our coafbj burnt our towns, and deftroyed the lives of our people:
He is at this time tranfporting large armies of foreign mercenaries to complete the works of death, defolation and tyranny, already begun with circumflances of cru elty and perfidy fcarcely paralleled in .the moft barbarous ages, and totally unworthy the head of a civilized nation-.
He lias conltrained our fellow-citizens taken captive on the high feas to bear arms againft their country, to become the executioners of their friends and brethren, or to fall themfelves by their hands s

He has excited domeftic infurreQions amongft us, and has endeavored to bring on the inhabitants of our frontiers the mercilefs Indian favages, whofe known rule of warfare is an undiftinguifhed deftruclion of all ages, fexes and conditions.
In every ftage of thefe oppreffions we have petitioned for redrefs in the moft hum ble terms; Our repeated petitions have been anfwered only by repeated injury. A prince whofe character is thus marked by every acl which may define a tyrant, is unfit to be the ruler of a free people.

Nor have we been wanting in attentions to our Britifh brethren. We have warned

them from time to time of attempts made by their legislature to extend an unwar

rantable jurifdiftion over us. We have reminded them of the circumftances of our

1

emigration and fettlement here. We have appealed to their native juftice and magna

nimity; and we have conjured them by the ties of our common kindred to difavow

thefe ufurpations, which would inevitably interrupt our connexions and correspon

dence. They too have been deaf to the voice-of juftice and of confanguinity. We

muft, therefore, acquiefce in thenecefiity which denounces our feparation, and hold

them as we hold the reft of mankind--enemies in war, in peace, friends,

WE, therefore, the reprefentatives of the United States of America in genera! congrefs affembled, appealing to the Supreme Judge of the world for the reflitude of our intentions, do, in the name and by authority of the good people of thefe co lonies, folemnly publifh and declare: That thefe United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; they have full power to levy wars conclude peace, contract alliances, eftablim commerce, and to do all other atls and things which independent ftates may of right do. And for the fupport of this decla ration) with a firm reliance on the protection of Divine Providence, we mutually pledge to ea(J;h other our lives, our fortunes and our facred honor.
JOHN HANCOCK, f JOSIAH BARTLET.
NEW-HAMPSHIRE, 4 WILLIAM WHIFFLE. [MATTHEW THOKNTON,

APPENDIX.

' f SAMUEL ADAMS,

MASSA CHffSETTS-BA Y.

J
1

RJOOHBNE1RATDTARMESA. T

PAINE,

[ELBRIDGE GERRY.

RHODE-ISLAND, \/SWTEILPLHIAEMN HELOLPEKRINYS. ,

CONNECTICUT, J1(fOWRSLAOIIMLGVLUEEIREARLMSWHHWUOERNLILMTCLIOANIATNGTM.T,OS.N".

NEW-YORK.

'f
I

PWHILILLIIPAMLIVFILNOGYSDT.ON.

1 FRANCIS LEWIS.

[LEWIS MORRIS.

f RICHARD STOCKTON/ | JOHN WITHERSPOON. NEW-JERSEY. < FRANCIS HOPKINSON, | JOHN HART.
l_ AJBRAHAM CLARK.

ROBERT MORRIS. BENJAMIN RUSH. BENJAMIN FRANKLIN. JOHN MORTON. PENNSYLVANIA. <( GEORGE CLYMER. JAMES SMITH. GEORGE TAYLORo JAMES WILSON.
GEORGE ROSS,

J)El AWARE.

fC^ESAR RODNEY. \GEORGEREAD.

f SAMUEL CHASE,

MARYLAND,

J WILLIAM PACA.
1[CTHHAORMLAESSSCTAORNREO, LLJ

of

f GEORGE WYTHE.
RICHARD HENRY LEE. THOMAS JEFFERSON.
VIRGINIA, -(BENJAMIN HARRISOM.
I THO'MAS1 NELSON, Jun. J FRANCIS LIGHTFOOT LEE* TCARTER BRAXTON, , .
4M

642

APPENDIX,

fWILLIAM HOOPER, 'NORTH-CAROLINA. 4 JOSEPH HEWES.
[JOHN PENN.

fEDWARD RUTLEDGE. AARROOJLII-NNAA. <J TTHHOOMMAASS HLYEYNWCHA,RJDu,n.Jun,
[ARTHUR MIDDLETON.

f BUTTON GWINNETT.
GEORGIA, -j LYMAN HALL. [GEORGE WALTON.

Articled of confederation and perpetual union, between the ftates of New-Hampfhires Maflachufetts-Bay, Rhode-Iflandand Providence Plantations, Connecticut, NewYork, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Caroli na, South-Carolina and Georgia.

T ARTICLE I.

-

HE ftyle of this confederacy fhall be " The United States of America,"

ARTICLE II. Each ftate retains its fovereignty, freedom and independence, every power, jurifdiftion and right which is not by this confederation exprefsly delegated to the United States in congrefs aifembled,

ARTICLE III.

- - '

The faid ftates hereby feverally enter into'a-firm league of friendfhip with each oth

er, for their common defence, thefecurity of their liberties, and their mutual and gene

ral welfare, binding themfelves to affift each other, againft all force offered' to, or at

tacks made upon them, or any of them, on account of religion, fovereignty, trade.,

or any other pretence whatever.

.

>

ARTICLE IV. The better to fecure and perpetuate mirmal friendship and ihtercourfc among the people of the different ftates in this Union, the free inhabitants of each of thele ftates, paupers, vagabonds, and fugitives from juftice excepted, fhall be entitled to all privileges and immunities of free citizens in the feveral ftates ; and the people of each ftate mall have free ingrefs and regrefs, to and from any other ftate, and fbail enjoy therein all the privileges of trade and.commerce, fubjecl; to the fame duties^ impofitions and reftriftiqns as the inhabitants thereof refpeftively, Provided,' That fuch reftriHons fhall not extend fo far as to prevent the removal of property imported into any ftate, to any other ftate of which the ownev is an inhabitant. Provided alfo, That no impofitioris> duties or reftriftions fhall be laid by any ftate, on the property of the United States, or either of them. If any perfbn guilty of, or charged with'treafon,. felony, or other high mifdCf meanor in any ftate, fhall flee from jufticcj and be found in any of the United Stats3

APPENDIX..

643

fe {Hall upon demand of the governor, or executive power of the (late from which he fled, be delivered up and removed to the ftate having jurisdiction, of his offence.
Full faith and credit (hall be given in each of thefe ftates to the records, ats and judicial proceedings of the courts and rnagiftrates of every other itate.

ARTICLE V. For the more convenient management of the general interefts of the United States, delegates fhall be annually appointed in fuch manner as the Jegiflature of each ftate hall direfl:, to meet in congrefs on the firft Monday in November, in every year, with a power referved to each ftate, to recall its delegates, or any of them, at any time with
in the year, and to fend others in their Head for. the remainder of the year,

No ftate fhall be reprefemed in congrefs by lefs than t\\?o nor more than feven members, and no perfon mall be capable of being a delegate for more than three years, in any term of fix years, nor mall any perfon being a delegate, be capable of holding any office under the United States, for which he or any other for his benefit, receives any falary, fees or emoluments of any kind.

Each ftate fhall maintain its own delegates in a rrifigting of the ftates, and while they acl as members of the committee of the ftates^

In determining queftions in the United States in congreis affembled, each ftate {hall have one vote,

Freedom of fpeech and debate in congrefs mall not be impeached or queftioned in

any court or place out of congrefs; and the members of congrefs fiiall be protected

in their perfons from arrefts and imprifonments during the time of their going to

and from and attendance on congrefs, except for treafon, felony, or breach of the

peace,

ARTICLE VI.

No ftate, without the confent of the United States in congrefs affembled, fhall fend

any embaffy to or receive any embaffy from, or enter into any conference, agree

ment, alliance or treaty with any king, prince or ftate; nor toall any perfon holding

any office of profit or trufl under the United States, or any of them, accept of any

prefenl, emolument, office or title of any kitad whatever, from any king, prince or

foreign ftate; nor fiiall the United States in congrefs affembled, or any of them9

grant any title of nobility.

-

No two or more ftates fiiall enter into any treaty,, confederation or alliance what ever between them, without the confent of the United States in congrefs affembled,
fpeeifying accurately the purpofes for which the fame is to be entered into, and how long it fhall continue,

No ftate fhall lay any itnpofts or duties which may interfere with any ftipulations in treaties entered into by the United States in congrefs affembled with any king, prince or ftate, in purfuance of any treaties already propofed by congrefs to the courts of France and Spain,

No veffels of war fhall be kept up in time of peace by any fta.te$ except fuch

numberon ly a's'fhall be deemed neceffary by the United States m congrefs affembleds



APPENDIX.

for the defence of fuch ftate, or its trade; nor (hall any body of forces be kept up by any ft ate in time of peaces except fuch number only as in the judgment of the Uni ted States in congrefs affembied, fhall be deemed requilite to garrifon the forts necefiary for the defence of fuch Rate; but every ftate fhall always keep up a well regula ted and difciplined. militia, fufficien.tly armed'and accoutred, and fhall provide and conftantly have ready for ufe in public ftores a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage,

No ftate fhall: engage in any war without .the confent of the United States in con grefs affembied, unlefsfuch ftate be actually invaded by enemies, or fhall have receiv ed certain advice of a refolution being formed by forne nation of Indians to invade fuch ftate, and the danger is fo imminent as not to admit of a delay till the United States in congrefs affembied can be confulted, nor (hall any ftate grant commifiions to any fhips or veffels of war, nor letters of marque, or reprifal, except it be after a declaration of war by the United States in congrefs affembied, and then only againft the kingdom or ftate, and the fubjects thereof, againft which war has been fo declared, and under fuch regulations as fhall be eftablilhed by the United States in congrefs af-. fembled, unlefs fuch ftate be infefted by pirates, in which cafe veffels of war may be fitted out for that occafion, anf||keptfo long as the danger fhall continue, or until the United States in cons>r'efs affemflgd fhall determine otherwife.

ARTICLE VII,

When land forces are raifed by any ftate for the common defence, all officers of

or under the rank of colonel, fhall be appointed by the legislature of each ftate ref-

peftively by whom fuch forces fhall be raifed, or in fuch manner as fuch ftate ihall

direft; and all vacancies fhall be filled up by the ftate which firft made the appoint

ment,

i

ARTICLE VIII. All charges of war, and all other expences that fhall be incurred for the common defence or general welfare, and allowed by the United States in congrefs affembied, fhall be defrayed out of a common treafury, which fhall .be fuppiied by the feveral .ftates in proportion to the value of all land within each ftate, granted to or furveyed for any perfon, as fuch land;nd the buildings and improvements thereon fhall be eftimated, according to fuch rnqde as the United States in- congre.fs affembied, fhall from time to time direct and appoint. The taxes for paying that proportion fhali be laid and levied by the authority and direction of the legiflature of the feveral ftates within the time agreed upon by the United States in congrefs affembied.

ARTICLE IX. The United States in congrefs affembied, fhall have the fole and exclufive right and power of determining on peace and war, except'in the cafes mentioned in the lixth ar ticle; of fending and receiving ambaffadors; entering into treaties and alliances, Provided, That no treaty of commerce fhall be made, whereby the legiflative power of the refpeflive ftates ihall be reftrained from impofing fuch impofts and duties "on for eigners, as their own people are fubjefted to, or from prohibiting the exportation or importation of any fpecies of goods or commodities whatfoever; of eftablifhing rules for deciding in all cafes, what captures.on land or water fhall be legal, and in what
manner prizes taken by land or naval forces in the fervice of the United States fhall be

APPENDIX.

645

divided or appropriated ; of granting letters of marque and reprifal in times of peace; appointing courts for the trial of piracies and felonies committed on the high feas, and etlablifliing courts for receiving and determining finally appeals iri all cafes of cap tures, Provided, That no member ofcongrefs fhaii be appointed a judge of any of the (aid courts.

The United States in congrefs affernbled fliall alfo be the lad retort on appeal in a!l difputes and differences now fubtifting, or that hereafter may arife betxveen two or more ftates concerning boundary jurifdiction, or any other caufe whate'ver; which authority mail always be exercifed in the manner following: Whenever the executive authority or lawful agent of any ftate in controvert)' with another, (hall prefent a petition to congrefs, ftating the matter in queftion and praying for a hear, iag, notice thereof fhali be given by order of congrefs to the legiflative or executive authority of the other ftate in controverfy, and a day affigned for die appearance of the parties by their lawful agents, who fhall then be directed to appoint, by joint content, commiffioners or judges to conftitute a court for hearing and determining the matter in queftion; but if they cannot agree, congrefs {hall name three perfons out of each of the United States, and from the lift of fuch perfons each party fhall alternately ftrike Out one, the petitioners beginning, until the number fliall be reduced to thirteen; and from that number not lefs than fcveri nor more than nine names, as congrefs mall direct, fliall in the pretence of congrefs be drawn out by lot; and the perfons whole names fliall be fo drawn, or any five of them, fhall be commiffioners or judges to hear and finally determine the controverfy, fo always as a major part of the judges who fhall hear the caufe fliall agree in the determination; and if either .party fhall neglect to attend at the day appointed, without fhewing reafons which congrefs fliall judge fufiicient, or being prefent fliall refufe to ftrike, the congrefs fhall proceed to nominate three perfons out of each ftate, and the fecretary of congrefs fball ftrike in behalf of fuch party abfent or refuting, and the judgment and fentence of the court to be appointed in the manner befpre prefcribed fhall be final and conclufive; and if any of the parties fhall refufe to fubmit to the authority of fuch court, or to appear or defend their claim or caufe, the court fhall neverthelefs proceed to pronounce fentence or judgment, which fliall in like manner be final and decifive; the judgment or fentence and other proceedings being in either cafe tranfmitted to congrefsj and lodged among the acts of congrefs for the fecurky of the parties con cerned: Provided, That every commiffioner, before he fits in judgment, fhall take an oath, to be adminiftered by one of the judges of the fupreme or fuperior court of the ftate where the eaufe fhall be tried, " Well and truly to hear and determine the matter in queftion, according to the beft of his judgment, without favor, affection or hope of reward:" 'Provided alfo, That no...ftate mall be deprived of territory for the benefit of the United States.
&*
All controverfies concerning the private right of foil claimed under different grants of two or more ftates whofe juritdictions, as they may refpect fuch lands, and the ftates which paffed fuch grants are adjufted, the faid grants, or either of them, being at the fame time claimed to have originated antecedent to fuch fettlement of jurifdiction, 'fhall, on the petition of either party to the congrefs of the United States, be finally determined, as near as may be, in the fame manner as is before prefcribed for deciding difputes refpecting territorial jurifdiltion between different ftates,

APPENDIX.
The United States in.congrefs affembled (hall alfo have the fole andexclufive right and power of regulating-the allay and value of coin ftruck by their own authority, or by that of the refpeftive ftates; fixing the flandard of weights and meafures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the ftates, provided that the legillative right of any ftate with in its own limits be not infringed or violated; eftablifhing and regulating poft-offices from one ftate to another throughout all the United States, and exa&ing fuch poftage on the papers paffing through the fame as may be requifite to defray the expences of the faidoffice; appointing all officers of the land forces in the fervice of the United States, ^xcepting regimental officers; appointing all the officers of the naval force, -and_commiffioning all officers whatever in the fervice of the United States; making rules for the government and regulation of the faid land and naval forces, and direct ing their operations.
The United States in congrefs affembled mall have authority to appoint a com mittee to fit in the recefs of congrefs, to be denominated " A Committee of the States," and to confift of one delegate from each ftate; and to appoint fuch other committees and civil officers as may be neceffary for managing the general affairs of the United States under their direction; to appoint one of their number to prefides provided that no perfon be allowed to ferve in the office of president more than one year in any term of three years; to afcertain the neceffary fums of money to be railed for the fervice of the United States, and to appropriate and apply the fame for defray ing the public expences; to borrow money or emit bills on the credit of the United States, tranfmitting every half year to the refpeclive ftates an account of the fums of mo ney fo borrowed or emitted; to build and equip a navy ; to agree upon the number of land forces, and to make requifitions from each ftate for its quota, in proportion to the number of white inhabitants in fuch ftate, which requilition fhall be binding; and thereupon the legiflature ofeach ftate fhall appoint the regimental officers, raife the inen 9 and clothe, arm and equip them in a foldier-like manner, at the expence of the Uni ted States; and the officers and men fo clothed, armed and equipped, lhall march to the'place appointed, and within the time agreed on by the United States in congrefs affembled; but if the United States in congrefs affembled fliall, on confideration of circumftances, judge proper that any ftate ihould not raife men, or mould raife a frnaller number than its quota, and that any other ftate mould raife a greater num ber of men than the quota thereof, fuch extra number (hall be raifed, officered, clo thed, armed and equipped in the fame manner as the quota of fuch ftate, unlefs the legiflature of fuch ftate fhall judge that fuch extra number cannot be fafely fpared out of the fame, in which cafe they fhall raife, officer, clothe, arm and equip as many of fuch extra number as they judge can be fafely fpared.: And the officers and men fo clothed, armed and equipped fhall march to the place appointed, and within the time agreed on by the United States in congrefs affembled.
The United States in congrefs affembled fliall never engage in a war, nor grant letters of marque and reprifa! in time of peace, nor enter into any treaties or alli ances, nor coin money, nor regulate the value thereof, nor afcertain the fums and expences neceffary for the defence and welfare of the United States or any of thenij nor emit bills, nor borrow money on the credit of the United States, nor appropri ate money, uor agree upou the number of yeffels of war to be built or purchafed, or the iiimiber of land or fea forces to be raifed, nor appoint a commander in chief

APPENDIX.

of"the army or navy, ufilefs nine-ftates aflent to the fame: Nor fhall a queftion on any other point, except for adjourning from day to da^ s be determined, unlefs by the votes of a majority of the United States* in congrefs aflfembled.

The congrefs of the United States fhall have power to adjourn to any time within the year, and to any place within the United States, fo that no period of adjourn ment be for a longer duration, than the fpace of fix months, and fhall publifh th.q journal of their proceedings monthly, except fuch parts thereof relating to treaties, alii-*, ances or military operations, as in their judgment require fecrecy; and the yeas and nays of the delegates of .each ftate on any queftion fhall be entered on the journal when it is delired by any delegate; and the delegates of a ftate, or any of them at his or their re-
queft fhall be furnifhed with a tranfcript of the faid journal, except fuch parts as are
above excepted, to lay before the legislature of the feveral ftates.

ARTICLE X. The committee of the ftates, or any nine of them, fhall be authorized to execute, in the recefs of congrefs, fuch of the powers of congrefs as the United States in con grefs affembled, by the confent of nine ftates, fhall from time to time think expedient to veft them with. Provided, That no power be delegated to the faid committee, for the exercife of which, by the articles of confederation, the voice of nine ftates, in the congrefs of the United States affembled, is requifite,

ARTICLE XL-

Canada acceding to this confederation, and joining in themeafures of the United

States, fhall be admitted into, and entitled to all the advantages of this Union: But

no other colony mail be admitted into the fame, unlefs fuch admiffion be agreed to by

nine ftates.

_'

ARTICLE XII.

All bills of credit emitted, monies borrowed and debts contracted, by or under the

authority of congrefs, before the affembling of the United States in purfuanceof the

prefent confederation, fhall be deemed and confidered as a charge againft the United

States, for payment and fatisfaftion whereof, the faid United' States and the public

faith are hereby folemnly pledged.

ARTICLE XIII. Every ftate fliall abide by the determination- of the United States in congrefs af fembled, on all queftions which by this confederation are fubmitted to them. And the articles of this confederation /hall be inviolably obferved by every ftate, and the union fhall be perpetual] nor fhall any alteration at any time hereafter be made in any of them; trnlefs fuch alteration be agreed-to in a congrefs of the United States, and be afterwards confirmed by the legislatures of every ftate.
And, whereas it hath pleafed the great Governor of the world to incline the hearts of the legiftatures we refpeftiyely reprefent in congrefs, to approve of and to authorize us to ratify the faid articles of confederation and perpetual union. Know ye, That we the underfigned delegates, by virtue of the power and authority to us given for that jpurpofe do, by thefe prefents, in the name and behalf of our refpetlive conftituents, fully and entirely ratify, and confirm each and every of the faid articles of confecieration and perpetual union; and all and fingular the matters and things therein contain ed, And we do-further folemnly plight and engage the faith ofour refpeftive conftkuents?

APPENDIX,
that they fhali abide by the determinations of the United States in Congrefs affembled,. on all queftions which by the faid confederation are fubtnitted to them, and that the articles thereof (hall be inviolably obferved by the dates we refpeftively reprefent ; and that the union mall be perpetual. In witttefs whereof^ WE have hereunto fct our hands in congrefs.
Done at Philadelphia, in the ftate of Pennfylvania, the gth day of July in the year of our Lord 17789 and in the third year of the Independence of America.
The aforefaid articles of 'Confederation were finally ratified on the firft day of March 1781 ; the ftate of Maryland having, by their members in'congrefs s on that. day acceded thereto and completed the fame,

fJOSIAH BARTLETT. | JOHN WENTWORTH, Jun.

MA SSA CHUSETTS-BA Y.

JOHN HANCOCK, SAMUEL ADAMS. pR ANO? ED AN AR Y'
I f AMES LOVELL. ^SAMUEL HOLTON,

f WILLIAM ELLERY. RHODE-ISLAND. 1 -HENRY MERCHANT,
yOHN COLLINS,

fROGER SHERMAN,

| SAMUEL HUNTINGTON,

CONNECTICUT* ^ OLIVER WOLCQTT.

TITUS HOSMER.

(ANDREW ADAMS.

Vt



fJAMES DUANE.
WNEVW-XYVOKRXK- J1 WFRIALNLICAISM LDEUWEIRS.,
[GOVERNEUR MORRIS,

NfcErrWr -~JErTR>eS,Ervf. {fJJNOAHTNHAWNIITEHLESRCSUPDODOENR, ,

PENNSYLVANIA,

"ROBERT MORRIS. DANIEL ROBERDEAU. JONATHAN BAYARD SMITH, WILLIAM CLINGAN. JOSEPH REED,

("THOMAS M'KEAN. DELAWARE. 4 JOHN DICKINSON.
^NICHOLAS VANDYKE,

APPENDIX* '

'64*

HANSON. * DANIEL c'ARROLL.

fRICHARD HENRY LEE. I JOHN BANISTER, VIRGINIA, < THOMAS ADAMS.
JOHN HERVEY. [/FRANCIS L1GHTFOOT LEEt

f JOHN PENN. MO.RTH-CAROLINA. 4 CORNELIUS HARNETT.
[JOHN WILLIAMS.

f HENRY LAURENS. | WILLIAM HENRY DRAYTON. SOUTH-CAROLINA. < JOHN MATTHEWS. | 'RICHARD HUTSON. ^THOMAS HEYWARD, Jun.

fjOHN WALTON. GEORGIA. < EDWARD TELFAIR.
^EDWARD LANGWORTHY*

650

APPENDIX,

THE
CONSTITUTIO

OF THE

, the people of the United States, in order to form a more perfeB union./ eftablilh juftice, enfure domeftic tranquility, provide for the common de fence, promote the general welfare, arid fecure the bleffings of liberty to ourfelves and our poflerky, do ordain and eftabliih this confutation for the United States of America,
ARTICLE!,
legislature*
SECT, i. All legiflative powers herein granted fhall be vetted in a congreis of the United Stales, which {hall confift of a Senate and Houfe of Reprefematives.
SJECT. z. /Flic Houfe of Reprefentatives (hall be compofed of members chofen eve ry fecondyear by the people of the feveral ftates; and the eleflors in each ft ate fhall have the qualifications requifite for electors of the moft numerous branch of the ftate legiflature.
No perfon fhall be a reprefentative who fhall not have attained to the age of twen ty-five years, and been feven years a citizen of the United States, and who fhall not5 when eleQed, be an inhabitant of that ftate in which he fhall be chofen.
Reprefentatives and dlreQ taxes fhall be apportioned among the feveral Aates which may be included within this union according to their refpeclive numbers, which fhall be determined by adding to the whole number of free perfons, including thofe bound to ferve for a term of years, and excluding Indians not taxed, three fifths of all other perfons. The atual enumeration fhall be made within three years after the firft meet ing of the congrefs of the United States, and within every fubfequent term of ten years, in fuch manner as they (hall by law direft. The number of reprefematives fhall not exceed one for every thirty thoufand, but each ftate fhall have at leaft one reprefentative; and until fuch enumeration fhall be made, the ftate of New-Harnpfhire fhall be entitled to choofe three, Maffachufetts eight, Rhode-Ifland and Provi dence Plantations one, Connecticut five, New-York fix, New-Jerfey four, Penn-

APPENDIX,

fylvania eight., Delaware one, Maryland fix, Virginia ten, North-Carolina five, South-Carolina five, and Georgia three.

When vacancies happen in the reprefentation from any ftate, the executive autho rity thereof fhall iffue writs of election to fill fuch vacancies.

The Houfe of Reprefentatives fhall choofe their fpeaker and other officers, and fhall have the fole power of impeachment.

SECT. 3. The Senate of the United States (hall be corhpofed of two fenators from each ftate, chofen by the legiflature .thereof} for fix years; and each fenator fhall have one vote.

Immediately after they fhall.be affembled in confequence of the firft. election they fhall be divided as equally as may be into three clafTes. The feats of the fenators of the firft clafs fhall be vacated at the expiration of the fecond year, of the fecond clafs, at the expiration of the fourth year, and of the third clafs at the expira tion of the fixth year, fo that one third may be chofen every fecond year ; and if va cancies happen by refi.gnat.i0n, or otherwife, during the recefs of the legiflature of any ftate, the executive thereof may make temporary appointments until the next meeting of the legiflature, which fliall then fill fuch vacancies,

No'perfon fliall be a fenator who fliall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who fliall not, when elected be an inhabitant of that ftate for which he fhall be chofen.

The vice-prefident of the United States fhall be prefident of the Senate, but fliall have no vote unlefs they be equally divided.

The Senatfe fhall choofe their other officers? and alfo a prefident pro tempore, in the abfence of the vice-prefident, or when he fhall exercife the office of prefident of the United States.

The Senate fliall have the fole power to try all impeachments, when fitting for that,

purpofe, they fhall be on oath or affirmation. When the prefident of the United-

States is tried, the chief juftice fliall prefide; And no perfon fhall be convicted with-

out the concurrence of two thirds of the members prefent.

"

*

Judgment in cafes of impeachment fliall not extend further than to removal from office, and difqualification to hold and enjoy any office of honor, truft or profit un der the United States; but the party convicted fhall neverthelefs be liable and fubjecl to endictment, trial, judgment and punifhment according to law,

SECT. 4. The times, places and manner of holding elections for fenators and re-

prefentatives, ftial! be prefcribed in each ftate by the legiflature thereof, but the con-

grefs may-at any.time by law make or alter fu.ch regulations, except as to the places

for chooiing fenators.

.,

The congrefs fhal! afFemble at. leaf! once m erery year, and fu.ch meeting {hall be on the. firft'Monday in December, unlefs they fh-a.ll by law appoint a different day,

APPENDIX;
SECT. 5. Each houfe fhall be. the judge, of. the eleQionsreturns and qualifications of its own members, and a majority of each fhall conftitute a quorum to do bufinefs, but a fmaller number may adjourn from day today, and may be authorized to cosnpel the attendance of abient members, in fuch manner, and under fuch penal ties, as each houfe may provide.
Each houfe may determine the rules of its proceedings, punifh its members for diforderly behaviour, and with the concurrence of two thirds, expel a member,
Each houfe fhall keep a journal of its proceedings, and from time to time publifh the fame, excepting fuch parts as may in their judgment require fecrecy : And the yeas and nays of the members of either houfe on any queftiori fhall, at the,,defire of one fifth of thofe prefcnt, be entered on the journal.
Neither houfe during the ceffion of congrefsj fhall without the confent of the other, adjourn for more than three days, nor to any other place than that in which the two houfes fhall be fitting.
SECT, 6. The fenators and reprefentatives fhall receive a compenfation for their fervices,. to be afcertained by law, and paid out of the treafury of the United States. They fhall in all cafes, except treafon, felony, and breach of the peace, be priviJcdged from arreft, during the attendance at their ceffion of their refpective houfes, and, in going to and returning from the fame, and for any fpeech or debate in either houfe they mall not be queftioned in any other place.
No fenator or reprefentative mall during the time for which he was eleOed, be ap pointed to any civil office under the authority of the United States, which fhall have been created, or the emoluments whereof fhall have been increafed during fuch time; and noperfon holding any office under the United States, fliall be a member of eith er houfe, during his continuance in office.
SECT. 7. All bills for railing revenue fhall originate in the Houfe of Reprefenta tives ; but the Senate may propofe or concur with amendments as on other bills.
Every bill which fhall have paffed the Houfe of Reprefentatives and the Senate, fhall before it become a law, be prefented to the prefident of the United States ; if he ap prove he fhall fign it, but if not he fhall return it, with his objeQions, to that houfe * in which it fhall have originated, who fhall enter the objections at large on their jourrial, and proceed to reconfider it. If after fuch reconfideration, two thirds of that houfe fliall agree to pafs the bill, it fhall be fent, together with the objections, to the other houfe, by which it fhall likewife be reconfidered, and if approved by two thirds of that houfe, it fhall become a law. But in all fuch cafes, the votes of both houfes fhall be determined by yeas and nays, and the names of the perfons voting for and againft the bill fhall be entered on the journal of each houfe refpefctively. If any bill fhall not be returned: by the prefident within ten days (Sundays excepted) after it fhall have been prefented to him, the fame fliall be a law, in like manner as if he had fignedit, unlels the congrefs by their adjournment, prevent its return, in "which.cafe it lhall not be a law.
Every order, refolution or vote to which the concurrence of the Senate and Houfe of Reprefentatives may be neceffary (except on a queftion of adjournment) fhall be

APPENDIX,

653

"prefented to the prefideht of the United States; and before the feme mall take effefl, ill all be approved by him, or being disapproved by him, (hall be re-paffed by two thirds of the Senate and Houfe of Reprefentatives, according to the rules and limi tations prefcribed in the cafe of a bill.

SECT. 8. The congrefs mall have power to lay and collect taxes, duties, imports andexcifes; to pay the debts and provide for the common defence and general wel fare of the United States; but all duties, impofts and excifes fliall be uniform through
out the United States:

To borrow money on the credit of the United States:

To regulate commerce with foreign nations, and among the feveral ftates, and with the Indian tribes ;
To efcablifh an uniform rule of naturalization, and uniform laws on the fubjeft of bankruptcies throughout the United States: .,
To coin money, regulate the value thereof, and of foreign coin, and fix the ftandard of weights and meafures:

To provide for the puniihment of counterfeiting the fecurities and current coin of the United States:

To eftablifh pott-offices and poft-roads:
To promote the progrefs of fcience and ufeful arts, by fecuring for limited times to the authors and inventors the exclufive right to their refpeclive writings and difcoveries:

To conftitute tribunals inferior to the fupreme court:
To define and~punifh piracies and felonies committed on the high feas, and offen ces agairift the law of'nations :

To declare war, grant letters of marque and reprifal, and make rules concerning captures on land and water :

To raife and fupport armies; but no appropriation of money to that ufe mail be for a longer term than two years:
\ To provide and maintain a navy :

To make rules for the'government and regulation of the land and naval forces:

To provide for the calling forth militia to execute the laws of the Union, fupprefs infurreftions and repel invafions:

To provide for organizing, arming and difeiplining the militia, and for governing t fuch part of them as may be employed in the fervice of the United States, referving to the ftates refpeQively the appointment of the officers and the authority of training
the militia according to the difcipline prefcribed by congrefs:

To exercife exclufive legislation in all cafes whatfoever over fuch diftrift (not exceed ing ten miles fquare) as may by ceffion of particular ftates and the acceptance of con-

APPENDIX,
grefs become die feat of government of the United States; and to exercife like autho rity over all places purchafed by the confent of the legiflature of the ftate in which the fame {hall be for the ereGion of forts, magazines, arfenalss dock-yards,, and other needful buildings; and,
To make all laws which mall be neceffary and proper for carrying into execution the foregoing powers, and all other powers vefted by this coriftitution in the govern ment of the United States, or in any department or officer thereof,
SECT. 9. The migration or importation of fuch perfons as any of the ftates now exifting mall think proper to admit, (hall not be prohibited by congrefs prior to the year 1808; but a tax or duty may be impofed on fuch importation, not exceeding ten dollars for each perfon.
The privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in cafes of rebellion or "invafion, the public fafety may require it. >'i
No bill of attainder or ex poft fafto law fhall be paffed.
No capitation or other direft tax ftiall be laid, unlefs in proportion to the cenfus oir enumeration herein before dire&ed to be taken.
No tax or duty fhall be laid on articles exported from any ftate. No preference Ihall be given by any regulation of commerce or revenue to the ports of one ftate over thole of another; nor fhall veffels bound to or from one ftate be obliged to en ter, clear or pay duties in another,
No monies ihall be drawn from the treafury but in confequence of appropriations made by law; and a regular ftatenient and account of the receipts and expenditures of all public money fhall be publifhed from time to time.
No title of nobility fhall be granted by the United States; and no perfon holding any office, of profit or truft under them mall, without the confent of congrefs, accept of any prefent, emolument, office or jtjtle, of any kind whatsoever, from, any king, prince, or foreign ftate,,
SECT, to, No ftate (hall enter into any treaty, alliance or confederation, grant letters of marque and reprifal, coin money, emit bills of credit, make any thing but gold and filver coin a tender in payment of debts, pafs any bill of attainder, ex poft facie Jaw, or law impairing the obligation of contracts, or grant any title of nobility.
.No ftate fhall, without the confent of congrefs, lay any impoft,or duties on im ports or exports, except what may beabfolutely neceffary for executing its infpeclion laws; and the net, produce of all duties and impofts laid by any ftafe on imports or exports mall be for the ufe of the treafury of the United States; and all fuch laws fhall be fubjeQ; to the reyifjon and control of the congrefs,
No ftate fliall, without the confent of eongrefs, lay any duty of tonnage, keep troops or fhips of war in time of peace, enter into any agreement or compa8 with another ftate, or with a foreign power, or engage in war, unlefs aftually invaded,, or )'. fuch imminent danger as will not admit of delay.

APPENDIX. ARTICLE II.

- 65.5

Si'CT. i. The executive power fhall be vefted in a prefident of the United States of America,

He fhall hold his office during the term of four years, and, together with the viceprefidentj chofen for the fame term, be elected as follows:
Each ftate fhall appoint, in fuch manner as the legiflature thereof may direct, a .number of electors, equal to the whole number of fenators and reprefentatives to which the ftate may be entitled in the congrefs; but no fenator, or reprefentative, or perfon holding any office of truft or profit under the United States fhall be appointed an elector.

The electors fhall meet in their refpective ftates, and vote by ballot for two perfons, of whom one at leaft fhall not be an inhabitant of the fame ftate with themfelves. And they fhall make a lift of all the perfons voted for, and of the number of votes for each; which lift they fhall fign and certify, and tranfmit fealed to the feat of go vernment of the United States, directed to the prefident of the Senate. The prefi dent of the Senate (hall, in the -pre fence of the Senate and Houfe of Reprefentatives, open all the certificates, and the votes (hall then be counted. The perfon having the greateft number of votes fhall be the prefident, if fuch number be a majority of the whole number of electors appointed; and if there be more than one who have fuch majority and have an equal number of votes, then the houfe of reprefentatives fhall immediately choofe by ballot one of them for prefident; and if no perfon have a ma jority, .then from the five higheft on the lift the faid houfe fliall in like manner choofe the. prefident. But in chooiing the prefident the votes fhall be taken by ftates, the reprefentation from each ftate having one vote; a quorum for this purpofe Ihall confift of a member or members from two thirds of the ftates, and a majority of all the ftates {hall be neceffary to a choice. In every cafe, after the choice of the prefident, the perfon having the greateft number of votes of the electors fliall be the vice-prefident. But if there mould remain two or more who have equal votes, the Senate fhall choofe from them by ballot the vice-prefidem .

The congrefs may determine the time of choofing the electors, and the day on

which they mall give their votes; which day fhall be the fame throughout' the United

States.

N

-

*

No perfon except a natural born citizen, or a citizen of the United States at the

time of the adoption of this conftitution, fhall be eligible to the office of prefident;

neither fhall any perfon be eligible to that office who fhall not have attained to the age

of thirty-five years, and been fourteen years a reftdent within the United States.

In cafe of the removal of the prefident from office, or of his death, resignation or inability, to dilcharge the powers and duties of the faid office, the fame (hall de volve on the viee-prefident, and the congrefs may by law provide Tor the cafe of re moval, death, refigriation or inability, both of the prefident and vice-prefident, de claring what officer fhall then act as prefident, and fuch officer fh-all aci according^ until the disability be removed, or a prefident fha-11 be elected,

The prefident fliall at ftated times, receive for his fervices a compenfation, which fhall neither be increafed nor diminifhed during the period for which he fhall have been

656

APPENDIX,

elected, and lie fhall not receive within that period, any other emolument from the United States or any of them.

Before he enters on the execution of his office, he fhall take the following oath or affirmation:

*' I do folemnly {wear (or affirm) that I will faithfully execute the office of prefix

dent of the United States, and will to the beft of my ability, preferve, proteft and

defend the conftitution of the United States."

.

SECT. 2. The'prefident fhall be commander in chief of the arihy and navy of the United States, and of the militia of the feveral flates, when called into aftual fervice of the United States; he may require the opinion in writing of the principal officer in each of the executive departments, upon any lubjecT: relating to the duties of1 their refpeclive officers, and he fliall have power to grant repreives aftd pardons for offences again ft the United States, except in. cafes of impeachment. .

lie fliall have power, by and with the advice and confent of the Senate, to taake treaties, provided two thirds of the fenators prefent concur; and he fliall nominate, and by and with the advice and confent of the Senate, fhall appoint aiubaffadors, other public minifters and confuls, judges of the fupreme court, and all other officers of the United States, whofe appointments are not herein otherwife provided for, and which fhall be eftablifhed by law. But the congrefs may by law veft the appointment of fuch inferior officers 5 as they think proper, in the prefi dent alone, in the courts of law, or in the heads of departments.
The prefident mall have power to fill up all vacancies that may happen during the recefs of the Senate, by granting commiffions which'Jhall expire at the end o( their next Jeffiom

SECT. 3. He fhall from time to time give to the congrefs information of the Rate of the Union, and recommend to their confideration fuch meafures as he fhall judge neceffary and expedient; he may, on extraordinary occafions, convene both houfes, or either of them; and in cafe of difagreement between them with refpeft to the time of adjournment, he may adjourn them to fuch time as he fhall think proper; he flial!. receive ambaffadors and other public minifters; he fhall lake care that the law be faith fully executed, and fhall commiffion all the officers of the United States.

SECT. 4. The prefident, vice-prefident5 and all civil officers of the United States, lhall. be removed from office on impeachment for and ccmviftion of treafon3 bribery, or other high crimes and mifdemeanors,

ARTICLE IIL

'

SECT. i. The judicial power of the United States fliall be veiled in one fupremS court, and in fuch inferior courts as the congrefs may from time to time ordain and eftablifh. The judges both of the fupreme and inferior courts fhall hold'their office^ during good behaviour, and fhall at ftated times receive for their fervices a fetion which lhall not be diminiihed during their continuance in office,

:

APPENDIX.

657

SEC?, a. The judicial power fhali extend to all cafes in law and equity arifing un der this conftitution, the laws of the United States, and treaties made, or which {hall be made, under their authority; to all cafes affecting ambaffadors, other public mimfters and -confute; to all cafes of admiralty and maritime jurifdiction; to controverlies to which the United States fhall be a party; to controversies between two or more ftaf.es, between a Hate and citizens of another ftate, between 'citizens of different ftates, between citizens of the fame ftate claiming lands under grants of different ftates, and between a ftate, or die citizens thereof, and foreign ftates, citizens or fubjects.
In all cafes affecting ambaffadors, other public minifters and confiils and th'ofe in which a ftate fhall be a party, the fupreme court fhall have original jurifdiction. In all the other cafes before mentioned, the fupreme court mall bate appellate jurifdiclion, both as to law and fact, with fuch exceptions, and under fuch regulations as the congrefs (hall make.

The trial of all crimes, except in cafes of impeachment, fhall be by jury; and fuch trial fhall be held in the ftate where the faid crimes {hall have been committed, but when not committed within any ftate, the trial {hall be at fuch place or places as the congrefs may by law have directed,

SECT. 3. Treafon againft the United States fball confift only in levying war againft them, or in adhering to their enemies; giving them aid and comfort. No perfon fhall be convicted of treafon, unlefson the teftiniony of two witriefles to the farne overt act, or on confeffion in open court.

The congrefs fhall have power to declare the punifhment of treafon, but no attainder of treafon {hall work corruption of blood, or forfeiture, except during the life of the perfon attainted.

,

ARTICLE IV.

SECT. i. Full faith and credit fhall be,given in each ftate to the public acts, re

cords, and judicial proceedings of every other ftate. And the congrefs may by general

laws prefcribe the manner ira which fuch acts, records and proceedings fhall be prov

ed, and the effect: thereof,

SECT. 2. The citizens of each ftate fhall be entitled to all privileges and immuni ties of citizens in the feveral ftates.

A perfon charged in any ftate with treafon, felony or other crime, who. fhall flee from juftice, and be found in another ftate, fhall on demand of the executive au thority of the ftate from which'he fled be delivered up,, to be removed, to the ftate hay ing jurjfdiction of the crime,,

No perfon held to Service or labpr in one ftate, under the laws thereof, .efcaping in

to another, fhall in confequence of any law or regulation therein, be discharged from

fuch fervice or labor, but fhall he delivered up on claim of the party to whom fuch

far vice or labor may be due,

...

;

p

. . . . "

APPENDIX,
.SECT. 3. New ftates may be admitted by thecongrefs into this Union) but no new ftate fhall be formed or erefted within the jurifdiftion of any other ftate ; nor any ftate be formed by the junction of two or more Rates or parts of flates, without the confent of the legiflatures of the ftates concerned, as well as of the congrefs.
The congrefs (hall have power to difpofe of and make all needful rules and regu lations refpeQing the territory or other property belonging to the United States ; and nothing in this conftitution fhall be fo conftrued as to prejudice any claims of the United States, or of any particular ftate.
SECT. 4. The United States (hall guarantee to every ftate in this Union, a republican form of government, and fhall protect each of them againft invafion ; and on appli cation of the legiflature, or of the executive (when the legislature cannot be conven ed) againft domeftic violence,
ARTICLE V.

The congrefs, whenever two thirds of both houfes fhall deem it nece-ffary, {hall propofe amendments to this conftitution, or on the application of the legiflatures of two thirds of the feveral ftates, fhall call a convention for proposing amendments, which in either cafe; {hall be valid to all intents and purpofes, as part of this confti tution, when ratified by the legiflatures of three fourths of the feveral ftates, or by conventions in three fourths thereof, as the one or the other mode of ratification may be propofed by the congrefs. Provided, That no amendment which may be made prior to the year one thoufand eight hundred and eight, fhall in any manner affecl the fir ft and fourth claufes in the ninth feftion, of the firft article; and that no ftate, without its confent, fhall be deprived of its equal fuffrage in the Senate.

-

ARTICLE VI,

All debts contracted and engagements entered into before the adoption of this con

ftitution fhall be as valid againft the United States under this conftitution as under

the confederation.

This conftitution, and the laws of the United States which fhall be made in purfuance thereof", and all treaties made, or which (hall be made under the authority of the United States, fhall be the fupreme law of the land, and the judges in every ftate fhall be bound thereby; any thing in the conftitution or laws of any ftate to the contrary
notwithstanding,

The fenators and re'prefenta'tives before mentioned, and the members of the feve ral ftate legislatures, and all executive and judicial officers, both of the United States and of the feveral ftates, fhall be bound by oath or affirmation, to fupport this conftitution : but no religious tell fhall ever be required as a qualification to any office or public truft under the United States.

ARTICLE VII. The ratification of the conventions of nine ftates fhall be fufficient for the eitablifliment of this conftitution between the ftates fo ratifying the fame,

APPENDIX.

'659

Done in convention by the unanimous confent of the flates prefent, the 17th day of September, in the year of our Lord 17,87, and of the independence of the Uni ted States of America the twelfth. In witnejs whereof] 'WE have hereunto fubfcribed our names*
GEORGE WASHINGTON, Prefident) and Deputy from Virginia,

NMEpWnr-aH-AJiMntPoStfHzrIrRnEr,

LANGDON.
G1LMAN.

MMAASWSACrTHrTUKSEFT-rTTSI, RNUAFTUHSAKNIINELG.GORHAM.

/WILLIAM SAMUEL JOHNSON, \ROGERSHERMAN.
NEW-YORK. ALEXANDER HAMILTON.
fWILLIAM LIVINGSTON, j DAVID BREARLEY. . < WILLIAM PATTERSON, yONATHAN DAYTON.

BENJAMIN FRANKLIN. THOMAS. MIFFLIN.
ROBERT MORRIS. GEORGE CLYMER. THO MAS FITZSIMMONS. JARED INGERSOLL. JAMES WILSON, GOUVERNEUR MORRIS,

f GEORGE READ.

.GUNNING BEDFORD, Jun.

.DELAWARE, 4 JOHN DICKINSON.

^

" RICHARD 'BASSETT.

LjACOB BROOM.

f JAMES M'HENRY. MARYLAND. 4 DANIEL OF ST. THOMAS JENI.SER.
I DANIEL CARROLL.

/ JOHN BL AIR. ' | j AMES MADISON, Jun,

fWILLIAM BLOUNT. NORTH-CAROLINA. 4 RICHARD DOBBS SPAIGHT.
1 HUGH WILLIAMSON.-

66o

APPENDIX,

f J. RUTLEDGE.
J CHARLES C. PINCKNEY. 1 CHARLES PINCKNEY. ^PIERCE BUTLER.

GEORGIA,

f WILLIAM FEW. \ABRAHAMBALDWIN.

Attejl, WILLIAM JACKSON, Secretary,

T HE convention of a number of ftates having, at the time of their adopting the conftitution, exprefled a defire, in order to prevent mifconftruftion or abufe of its powers, that further declaratory and reftriclive claufes fhould be added: And as extending the ground of public confidence in the government will beft enfure the beneficent ends of its inftitution:
Refolved, ly the Senate and Houfe of Reprefentatives of the United States of Ame rica in congrefs affembkd, two thirds of both Houfes concurring, That the following articles be propoied to the legiflatures of the feveral ftates, as amendments to the con ftitution of the United States, all or any of which articles, when ratified by three fourths of the faid legiflatures, to be valid to all intents and purpofes, as part of the faid conftkution, viz.
Articles in addition to and amendment of the conftitution of the United States of America, prtapofed by congrefs, and ratified by the legiflatures of the feveral ftates, purfuant to the fifth article of the original conftitution.
ARTICLE I. After the firft enumeration required by the firft article of the conftitution, there fhall be one reprefentative for every thirty thoufand until the number fhall amount to one hundred; after which the proportion mail be fo regulated by congrefs, that there ihall be not lefs than one hundred reprefentatives nor lefs than one reprefentative for every forty thoufand perfons, until the number of reprefentatives mall amount to two hundred; after which the proportion fhall be fo regulated by congrefs, that there fhall be not lefs than two hundred reprefentatives, nor more than one reprefentative for every fifty thoufand perfons.
ARTICLE II. No law varying the compenfation for the fervices of the fenators and reprefenta tives (hall take effect, until an election of reprefentatives fhall have intervened.

APPENDIX.

661

ARTICLE III.
Con grefs fhall make no law refpefling an eftablifhment of religion, or prohibiting the free exercife thereof ; or abridging the freedom of fpeech or of the prefs; of the right of the people peaceably to alienable, and to petition the government for a redrefs
for grievances.

.. . '

ARTICLE IV.

A well regulated militia being neceffary to the fecurity of a free ftate, the right of

the people to keep and bear arms lhall not be infringed.

ARTICLE V. No foldier fhall in time of peace be quartered in any houfe without the confent of the owner^ nor in time of war but in a manner to be prefcribed by law,

ARTICLE VI.
The right*%f the people to be fecure in their perfons, houfes, papers and effects, againft unreafonable fearches and feizures, mall not be violated, and no warrants fhall iffue, but upon probable caufe, fupported by oath or affirmation, and particularly deforibing the place to be fearched, and the perfons or things to be feized,

ARTICLE VII.

No peffon mail be held to anfwer for a capital crime, or otherwife infamous crime; unlefs on a prefentment or endi&ment of a grand jury, except in cafes arifing in the
land or naval forces, or in the militia when in aftual fervice in time of war or public danger; nor mail any perfon be fubjeft for the fame offence to be twice put in jeo

pardy of life or limb; nor mall be compelled in any criminal cafe, to be witnefs againft

h'imfelf, nor be deprived of life liberty or property, without due procefs of law ; nor

fhall

private

property

be '

.taken '

for

public

ufe

without

juft

compenfation.

ARTICLE VIII.
In all criminal profecutioris the adcufed mail enjoy the right to a fpeedy and pub lic trial, by an impartial jury of the ftate and diftrift wherein the crime mall have been committed, which diftrict lhall have been previoufty afcertained by law, and to be informed of the nature and caufe of the accufation; to be confronted with the witnef-
fes againft him ; to have compulfory procefs for obtaining witneffes in his favor, and

to have the affiftance of counfel forliis defence.

ARTICLE IX.

In fuitsat common law, where the value in controverfy fhall exceed twenty dol

lars, the right of trial by jury fhall be preferved, and no fa&, tried by a jury, fhall

be otherwife re-examined in any court of the United States, than according to the , '

rules of the common law.

-

..

ARTICLE'-X. Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel andunufual'punifhtnents inflicted.

ARTICLE XL The enumeration in the conftitution of certain rights, fhall not be corillrued to de ny or difparage others retained by the people.

66?<

APPENDIX,

ARTICLE XII.' The powers not delegated to the United States by theconftitmion, ,nor -prohibited by it to theilatcs, are referved to the ftates refpeftively, or tp the people.

ADDITIONAL ARTICLE.

.^

The judicial power of the United States fhall not be conftrued toHl^nd to any

fuit in law or equity, commenced or profecuted againft one of the UnitOT States by

citizens of another ftate, or by citizens or fubje6ls of any foreign ,ftate ;

CONVENTION'
BETWEEN
SOUTH-CAROLINA AND GEORGIA,
CONCLUDED AT BEAUFORT IN 1787,
CO all tO jtoftom t!)ee.i)te$ettt$ 0f)all COtne, The underwritten- Charles CoteXworth Pinckney, Andrew Pickens and Pierce Butler, efqrs. commiflioners ap* pointed by the ftate of South-Carolina, of the one part, and the underwritten John Haberfham and Lachlan M'lntofh, efqrs. a majority of the commiflioners appointed by the ftate of Georgia, of the otjier part----Jena greeting:
W HEREAS the ftate of South-Carolina did heretofore prefent ^petition to the United States in congrefs affembled, and did therein let forth, that adifpute and difference had arifcn and fubfifted between the ftates of South-Carolina and Georgia concerning boundaries; and the ftates claiming refpeftively the fame territo ries, and that the cafe and claim of the ftate of South-Carolina was as follows, that is to fay: " Charles the Second^ king of Great-Britain, by charter dated the twentyfourth day of. March, in the fifteenth year of his reign, granted to eight perfons as therein named, as lords proprietors thereof, all the lands lying and being within his dominions of America between thirty-one and thirty-fix degrees of fouth latitude, in adireft weft line to the South Seas, ftyling the lands fo defcribed " The Province of Carolina :*j" That on thethirtieth day of June, in the feventeenth year of his reign, the faid king granted to the faid lords proprietors a fecond charter, enlarging the bounds of Carolina, viz. from twenty-nine degrees of north latitude to thirty-fix degrees thirty minutes, and from thofe points on the fea-coaft weft in a direBline to the South Seas: That feven of the faid proprietors of Carolina fold and furrendered in George the Second, late king of Great-Britain, all their title and intereft in the laid province, and the fhare of the remaining proprietor was feparated from the king's, and allotted to him in the north part of North-Carolina: That Carolina waa

6*6-3
afterwards divided into two provinces, called North and South Carolina: That b,y a charter dated the ninth day of June, one thoufand feven "hundred and thirty-two, George the Second, king of Great-Britain, granted to certain perfons therein named, all the lands lying between the rivers Savannah and Alatamaha, and between lines to be drawn from the heads of thole rivers refpefHvely to the South Sea, and ftyled the fa id co.lony " Georgia-." That by the treaty of peace concluded at Paris on the tenth day of February, one thoufand feven hundred and fixty-three, the river Mifiifippi was declared, to be the weftern boundary of the North American Colonies: That the governor of South-Carolina, in the year one thoufand feven hundred and iixly, con ceiving that the lands fouthward of the Alatamaha ftiil belonged to South-Carolina,) granted feveral tracts of the faid lands : That the government of Georgia complained to the king of Great-Britain, reipecling thofe grants as being for lands within its limits, and thereupon his inajefty by proclamation dated the feventhday of October, one thou fand feven hundred and fixty-three, annexed to Georgia all the lands lying between the rivers Alatamaha and St. Mary's, the validity of the, grants paffed by the governor of South-Carolina as aforefaid, remaining however acknowledged and uncqntefted, and the grantees of the faid land, or their reprefentatives ilill holding it as their legal eftate. That South-Carolina claims the lands lying between the North-Carolina line, and the line run due weft from the mouth of Tugalo River to the Miffifippi, becaufe as the laid flate contends the river Savannah lofes that name at the confluence of Tugalo andKeowee Rivers, 'confequently that fpot is the head of Savannah River. The flate of Georgia on the' other hand contends that the fource of the Keowee River is to be corifidered as the head of Savannah River. That the flate of South-Carolina alfo claims all the lands lying between a line to be drawn from the head of the ri ver St. Mary's, the head of the Alatamaha, to the Miififippi and Florida, being as the {aid (late contends, within the limits of its charter, and not annexed to Georgia by the faid proclamation ,of one thoufand feven hundred and iixty-three. The flate of Georgia, on the other hand contends, that the traft of country la'ft mentioned is a part of that flate." The flate of South-Carolina did therefore by their faid petition pray for a hearing and determination of the difference and difpute fubfifting as aforefaid, between the laid ftate and Georgia, agreeable to the articles of confederation and per petual union between the United States of America. And whereas the ftate of Geor gia were duly notified of the faid petition, and did by their lawful agents appear in order to eftabliih their right to the prerniies, in manner directed by the faid articles of confederation : And proceedings were thereon had in congrefs in order tothe appoint ment of judges toconftitute a court for hearing and determining the faid matter in tjueftion : And whereas it appeared to be the fincere wifh and defire of the faid ftates of South-Carolina and Georgia, that all and fingular the differences and claims fub fifling between the faid ftates, relative to boundary mould be amicably adjufled and compromifed : And whereas the legiflature of the flate of South-Carolina, did cleft the above named Charles Cotefworth Pinckney, Andrew Pickensand Pierce Butler, efqrs. commiffioners, and did inveft them, or a majority of them, with full and abfolute power and authority in behalf of that flate, to fettle 'and'compromife all and fingular the differences, controversies, difputes and claims which fubfifl between the faid llate, and the ftate of Georgia, relative to boundary, and to eftabliih and permanently fix a boundary between the two ftates. Arid the faid ftate of South- Carolina did declare, that it would at all times thereafter ratify and confirm all and whatfoever the faid commiffioners, or a majority of them, mould do in and touching the premifes, and that the fame mould be, forever binding on the faid ftate of South- Carolina. And

664

.

. APPENDIX.

-whereas the legiflature of the -ftate of Georgia did appoint John Houftoun, John Haberfham and Lachlan M'lntofh, efqrs. commiffioners, and did inveft them with full and abfolute power and authority, in behalf of that ftate, to fettle and compromife all and fingular the differences, controversies, difputes and claims which fubfiit between the faid (late and the ftate of South-Carolina relative to boundary, and to eftablifh and permanently fix a boundary between the two dates. And the faid ftate of Georgia did alib declare, That it would at all times thereafter ratify and confirm all and . whatfoever. the faid lait mentioned commiffioners, or a majority of them, fhould do in and touching the premifes, and that. the.fame fhould be forever binding on the faid ftate of Georgia. jBXOtBs tf)8Wf0t% &tt01flj J00, That the under written commiilioners on the part of the Hates of South Carolina and Georgia refpectively, having-by mutual confent affembled at the town of Beaufort, in the ftate of SouthCarolina, on the twenty-fourth day of this prefent month of April, in order to the due execution of their respective trufts, and having reciprocally exchanged and confidered their full powers, and declared the fame legal and forever binding on both ftates, and having conferred together on the moft effectual means of adjlifting the differences i'ublifting between the two ftates, and of .eftabiHhing and permanently fixing a boundary between them, have agreed, and by thele prefents for and in behalf of their refpeQiye ftates., do mutually agree to the following articles, that is to fay ;

ARTICLE THE FIRST.
The mod northern branch or ftream of the river Savannah, from the fea or mout.h of fuch ftream to the fork or confluence of the rivers now called Tugalo and K'eb'wee; and from thence the moft northern branch or ftream of the faid river Tugalo, itill it interjects the northern boundary line'of South-Carolina, if the faid branch or ftream of Tugalo extends fo far north, referving all the iflands in the faid rivers. Sa vannah and Tugalo, to Georgia; but if the head fpring or fource of any branch or ftream of the faid river Tugalo does not extend to the nprth boundary line of SouthCarolina, then a weft line to the Miflih'ppi, to be drawn from the head fpring or fource of the faid branch or ftrearn of Tugalo River, which extends to the higjieft ^northern latitude, ihall forever hereafter form the feparatipn, limit and boundary be tween the ftates of Sou.th-Cjft'diiha and Georgia,

ARTICLE THE SECOND. ,

The navigation of the, river Savannah at and from the bar and mouth, along the

northeaft fide of Cockfpur Iftand, and up the direct courfe of the main northern

channel,'along the northern fide of Hutchinfon's Ifland, oppofite the town of Savan

nah, to the upper end of the faid ifland, and from thence up the bed or principal

ftream of the faid river to the confluence of the rivers Tugalo and Keowee, and from

the confluence up the channel of the rnoft northern ftream of Tugalo River to its

fource, and back again by the fame channel to the Atlantic Ocean--is hereby decla

red to be henceforth equally free to the citizens of both ftates,, and exempt from all

duties, tolls., hin.deran.ce, interruption and moleftation whatfoever, attempted to be

enforced by one ftate on the citizens of another; and all the reft of the river Savan-

,

nah to the fouthward of the foregoing defcription, is acknowledged to be the excln-

five right of the ftate of Georgia,

APPENDIX,

665

ARTICLE THE THIRD. The ftate of South-Carolina ftiall not hereafter claim any lands to the eaftward, fouthwardj foutheaftward or weft of the boundary above cftabliftied, but hereby reSinquifhes and cedes to the ftate of Georgia all the right, title and claim which the faid ftate of South-Carolina hath to the government, fovereignty and jurifdiQion in and over the fame, and alfo the right of pre-emption of the foil from the native Indians, and all other theeftate, property and claim which the ftate of South-Carolina hath in or to the (aid land,

ARTICLE THE FOURTH. The ftate of Georgia fhall not hereafter claim any lands to the northward or northieaftward of the boundary above eftablifhed, but hereby relinquiflies and cedes to the ftate of South-Carolina all the right, title and claim which the faid ftate of Georgia hath to the government, fovereignty and jurifdi&ion in and over the fame, and alfo the right of pre-emption of the foil from the native Indians, and all other the eftate, property and claim which the ftate of Georgia hath in or to the faid lands,

ARTICLE THE FIFTH. The lands heretofore granted by either of the faid ftates between the forks of Tugalo and Keowee [hall be the private property of the firft grantees, and their refpeQ:ive heirs and affigns; and the grantees of any of the faid lands under the ftate of Georgia (hall, within twelve months from the date hereof, caufe fuch grants or au thentic copies thereof, ratified under the teal of the ftate of Georgia, to be depofited in the office of the fecretary of the ftate of South-Carolina, to the end that the fame may be recorded there; and after the fame (hall have been fo recorded, the grantees fhall be entitled to receive again from the faid fecretary their refpeQive grants, or the copies thereof, whichfoever may have been fo depofited, without any charge or fee of office whatfoever; and every grant which lhall not, or of which the copy certified a above mentidned ibajil not be fo depofited, fhall b,e,judged void.

ARTICLE THE SIXTH. The commiffioners on the part of the ftate of South-Carolina do not by any of the above articles mean to cede, relinquiftt or weaken the right, title and claim of any of the individual citizens of the. ftate of South-Carolina to any lands fituated iu Georgia, particularly to the lands fituated to the fouth or fouthweft of the river AlaUmahai and granted during the adminiftration/)f governor Boone, in the year one thoufand feven hundred and fixty-three; and they .do hereby declare, that the right and title of the faid citizens to the fame is and ought to remain as full, ftrong and ef fectual as if this convention had not been made. The commiffioners on the part of the ftate of Georgia do decline entering into any negociation relative to the lands men tioned in this article, as jthey conceive they are not authorised foto do by the powers delegated to them,

... 3IU Ce#timonj tofjeteOf, the faid Clwdes Cotefworth PincluieyvAndrew Pick-

ens and Pierce Butler, for and in behalf,of,the ftate of South-Carolina, and the faid

John Hab_eriham and Lachlan M s lnt,o{h, for an,d in behalf of the ftate of Georgia,

haye to theie prefents and a duplicate thereof, both in tended., interchangeably fet

' their hands and affixed their feals.

'

'/.'

666

..

APPENDIX.

Done at Beaufort, in the ftate of South-Carolina, the twenty-eighth day of April, in the year of our Lord one thoufand feven hundred and eighty-feven, and in the eleventh year of the independence of the United States of. America.

CHARLES COTESWORTH PINCKNEY.

ANDREW PICKENS.

'

' PIERCE BUTLER.

JOHN HABERSHAM.

LACHLAN M'lNTOSH.

(L. S.)
(L. S.} {L. S.)
(L. f)
(L. |.)

Beaufort, South-Carolina, zQth April, 1787, '
I, John Houftottn, one of the commiffioners appointed by ordinance of the General Affembly on the part and behalf of the ftate of Georgia, for fettling difputes refpecling boundary with the ftate of South-Carolina, do diflent from fo much as is herein after mentioned or implied of the convention or agreement this day entered into by and between the commiflioners of South-Carolina on the one part, and a majority of the commiffioners of Georgia on the other part, and for caufes of this my difient do affign as follows:

ift. I conceive, from the words of the charter of Georgia, all the la'nds which lie fouth and fouthweft of the moft northern part of the ftream of the river Savannah^ up to its head or fource ; from thence within a direQ line running due weft to the river Miffifippi, and extending fouthwardly as far as the boundaries of Eaft and Weft Flo rida, are the right of Georgia, This ftream here deferibed I take to be that branch of the river Savannah known by the name of Keowee; if fo, all the lands which lie in the fork of the two branches of Savannah River called Tugalo and Keowee,. ought to fall into Georgia, whereas by this convention they are yielded to South-Ca rolina. As to the relinquifhment on the part of South-Carolina of all her claims i the fouthern diftrift of Georgia, I do not conceive this by any means an equivalent; for although the two territories in queftion may be equally fertile, or perhaps the dif ference in point of extent and'value even in favor of the fouthern, yet I apprehend the title of Georgia to the lands now ceded to South-Carolina was good and valid, whereas the pretenfions of South-Carolina to the fouthern country appear to me to be fo (lender, that the right of Georgia to thofe lands is neither ftrengthened or weakened by the prefent convention; and therefore as$ in my opinion, the nature of the claims ought to be considered in the negotiation as well as the value and extent of the foils^ I cannot admit the exchange to be equal.

adly. As to the free navigation of the river Savannah now given up. to South-Ca rolina, I conceive this point is, in the firft place, not an objetl of our commiffion; but if it was^hpw^ev'er difpofgd"j might be always to wifh an indulgence to a fifter ftate on.this head (which I believe has hitherto been the cafe) yet I am not inclined to give that indulgence, the color of ^ right. Were we fettling commercial regulations with South-'Ca%liria, to permit the free navigation of the river might be juft and proper, and the title then would depend on and be derived from fuch agreement; but to yield jihis point a$ a claim,, in the prefent inftance implies that \\\t -right has been aborigine in South-Cj&roiiria! Such a pofition would be inconu'ftent with my ide^ of our boundary; ''fdr if we hold the fbvereignty "from the mojl northern part of theJlveum,"'-it feems tome the exclusive right of navigation follows of courfe:

APPENDIX.

667

Tins is neither a forced or new conftruclion of our charter* but has uniformly been the opinion for a feries of years pad of moft people in Georgia; and all the docu ments adduced tend only to {hew the point has been contefted but never decided on. On the whole, although I fhould be aniorigft the fbremoft to concede to this neigh* borly privilege in return for fome other perhaps lefs valuable to the citizens of SouthCarolina, yet I fhould wifli to fee it held by them as a grant, under fome feftrictionsj from Georgia, and not a right proved and eftabliftied at the prefent meeting.
JOHN HOUSTOUN.

Tke proclamation of 1763, e/labliJJiing th-e governments of Eaft and Ws/l Florida^ and extending the fouthern boundary 'of Georgia,
BY THE KING.
A PROCLAMATION,

'HEREAS we have taken into royal corifideraiidn the exienfive arid valuable accjuilitionsjn America, fecured to our crown by the late definitive treaty of peace, concluded at Paris the tenth day of February laft; and being defirous that all pur loving fubjefls, \is well of our kingdoms as of our colonies in America, may avail themfelveswith all convenient fpeed, of the great benefits and advantages which mull accrue therefrom in their commerce, manufactures arid navigation , we have thought lit, with the advice of our privy council, to iffue this our royal proclamation, here by to publifh and declare to all our loving fubjefts, that we have, with the advice of our faid privy council, granted our letters patdnt under our great feal of GreatBritain, to erefl: within the countries and ifjands ceded and confirmed to us by the faid treaty, four diftinft and feparate governments, ftyled and called by the names of Quebec, Eaft Florida, Weft Florida and Grenada, and limited and bounded as follows, 'viz,
Firfl, The government of Quebec, bounded on the Labrador coaft by the river St> John, and from thence by a line drawn from the head of that river through the lake St. John, to the fouth end of the lake Nipiffimj from whence the faid line croffing the river St. Lawrence and. the lake Champlain in forty-five degrees of north latitude, palfmg along the high lands which divide the rivers that empty themfelves into the faid river St. Lawrence, from thole which Jail into the fea; and alfb along the north coafi of the Baye des Chaleurs, and the coaft of the g'ulph' of St. Lawrence to Cape Rolieres, and from thence croffing the mouth of the river St. Lawrence by the weft end of the iiland Anticdftij terminates at the aforefaid river St. John,

APPENDIX.
Secondly, The government of Eaft Florida, bounded to the weftward by the gulph of Mexico and the Appalachicola River; to the northward, by a line drawn from that part of the faid river where the Catahouchee and Flint Rivers meet, to the fource of St. Mary's River, and by the couffe of the faid river to the Atlantic, Ocean; and to the eaft and fouth by the Atlantic Ocean, and the gulph of Florida, including all iflands within fix leagues of the fea eoaft,
Thirdly, The government of Weft Florida, bounded to the fouthward by the gulph of Mexico, including all iflands -within fix leagues of the coaft from the river Appalachicoia to lake Pontehartrain; to the westward by the faid lake, the lake-Maurepas and the river Miffilippi; to the northward by a line draw n dueeaft ironi that part of the river Miffifippi which lies in thirty-one degrees north latitude^ io the river Appalachicola or Catahouchee, and to the eaftward by the faid river.
Fourthly, The government of Grenada, comprehending the ifland of that namey together with the Grenadines, and the iflands of Dominico, St. Vincent and Toba go.
And to the end that the open and free fifhery of our fubjefts may be extended to?, and carried on upon the coaft of Labrador and the adjacent iflands, we have thought fit, with the advice of o*ur faid privy council, to put all that coaft from the river St.. John's to Hudfon's Straits, together with the iflands Anticofti and Madelahie, and all other fmaller iflands lying upon the faid coaft, under the care and infpe&ion of ous? governor of Newfoundland.
We have alfo, with the advice of our privy council, thought fit to annex the iflandsof St. John and Cape Breton, or Ifle of Royale,. with the leffer iflands adja cent thereto, to our government of Nova Seotia
We have alfo, with the advice of our privy council aforefaid,- annexed to our pro vince of Georgia, all the lands lying between, the rivers Alatamaha and St. Mary's,
And whereas it will greatly contribute to- the fpeedy fettling our faid new govern ments, that our loving fubjeBs mould be informed of our paternal care for the fecurity of the liberties and properties of thofe who are and fhall become inhabitants there of, we have thought fit to publifh and declare, by this our proclamation, that we have, in the letters patent under our great feal of Great-Britain, by which the faid governments are conftituted, given exprefs power to our governors of our faid coJouies refpe&ively, that fo fo-on astheftate andcircurnftanees of the faid colonies will admit thereof, they fhall, with the advice and confent of the members of our council, fummon and call general affernblies within the faid governments refpeftively, in fuch manner and form as is ufed and directed in thofe colonies and provinces in America, which are under our immediate government; and we have alfo given power to the faid governors, with the confent of our faid councils, and the reprefentatives of the peo-pie fo to be furnmoned as aforefaid, to make,, conftitute,. and ordain laws, ftatutes aridordinances for the public peace, welfare and good government of our faid colonies, and of the people and inhabitants thereof, as near as may be, agreeable to the laws of England 5 and under fuch regulations and seftriftions as are ufed in other colonies^

APPENDIX.

669

.and In the mean time, and until fuch affemblies can be called as aforefaid, all perfons inhabiting it, or reforting to our faid colonies, may confide in our royal protection for the enjoyment of the benefit of the laws of our realm of England; for which purpofe we have given powers under our great feal, to the governors of our faid colo nies refpe&ively, to erect and conftitute, \vith the advice of our faid councils refpectively, courts of judicature and public juftice within our faid colonies, for the hear ing and determining all caufes, as well criminal as civil, according to law and equity,, and, as near as. may be,, agreeable to the laws of England, with liberty to all perfons who may thiak them (elvesaggrieved by the fentenceof fuch courts, in all civil cafes, to appeal, under the ufual limitations and reftriclions, to us in- our privy council.

We have alfo thought fit, with, the advice of our privy council as aforefaid, to give &nta the governors and councils of our faid three new colonies upon the continent, full power aad authority to fettle and agree with the inhabitants of our faid new colo nies, or to any other perfon who mall refort thereto, for fuch lands, tenements and hereditaments, as are now, or hereafter fhall be in our power to difpofe of, and then to grant to any fuch perfon or perfons, upon fuch terms, and under fuch moderate quit-rents, fervices and acknowledgments, to have been appointed and fettled in other colonies, and under fuch other conditions as fhall appear to us to be neceflary and expedient for the advantage of the grantees, and the improvement and feitlement of our faid colonies.

And whereas we are d'efirous upon all oceafions to tertify our royal fenfe and apprabation of the conduQ; and bravery of the officers and foldiers of our armies, and to reward the fame, we do hereby command and empower our governors of our faid three new colonies, and other our governors of our feveral provinces on the conti nent of North-America, to grant, without fee,or reward, to fuch reduced officers as have ferved in North-America during the late war, and are actually refiding there,, and mall perfonally, apply for the fame, the follow ing quantities of land, fubjeft at the expiration often years,, to the fame quit-rents as other lands are fubjeft to in the province in which they are granted, and alfo fubjeO; to the fame conditions of culti vation and improvements, viz.

To everyjperfon having the ranfc of a field-officer, 5000 acres,

To every captain, 3000 acres.

To every fubaltern or ffiafF-officer, 2000 acres,

To every non-commiffioned, 200 acres.



To every private, 50.

We do.likewife authorize aw<l require the governors and commanders in chief of all our faid colonies upon the continent of North-America, to grant the like quantities of laud, and upgn the fame conditions,- to fuch reduced officers of our navy of like rank as ferved on board our fhips of war in North-America, at the times of the reduCUon of Louifburgh and Quebec, in the late war, and Tvho fhall perfonally apply to OUT refpeclive governors fo,r fuch grants.

,

",

APPENDIX,

And whereas it is juft and reafonable, and efieutial to our intereft and the of our colonies, that the teveral nations or tribes of Indians with whom we are con nected, and who live under our protection, mould not be molefted or dilturbed iu thd poffeffion of fuch parts of our dominions and territories as, not having been ceded to orpurchafed by us, are referved to them, or any of them, as their hunting grounds; we do, therefore, with the advice of our privy council, declare it to be our royal will and pleafure, that no governor or commander in chief's in any of our colonies of Quebec, or Eaft Floridaj Or Weft Florida, do prefume upon any pretence whatever, to grant warrants offurvey*, or pafs any patents for lands beyond the bounds of their refpectivegovernmentsj as defcribed in their com'miffionsj as alfo that no governor or com mander in chief of our other colonies or plantations in America, do pr^fume for the prefent, and until our further pleafure be known, to grant warrants of furvey, or pafa patents for any lands beyond the heads or fources of any of the rivers which fall in to (he Atlantic Ocean, from the welt to the northweft, or upon any lands whatever which, not having been ceded to or purchafed by us as aforelaid, are referred to the, faid Indians or any of them.

And we do further declare it to be our royal will and pleafure for the prefent as aforelaid, to referve under our fovereignty, protection and dominion for the ufe of the (aid Indians, all the land and territories not included within the limits of our faid three new governments, or within the limits of the territory granted to the Hudfons Bay Company; as alfo all the lands and territories lying to ,the weftward of the i'ources of the rivers which fall iqto the lea, from the weft and northweft as aforelaid; and we do hereby ftriclly forbid, on pain of our difpleafure, all our loving iubjecls from making any purchafes or fertlernents whatever, or taking poffeffion of any of the lands above referred, without our fpecj'al leave and licenfe for that pur* pofe firft obtained.

And we do further ftriQly enjoin and require all perfons whatever, who have either wilfully or inadvertently feated themfelves upon any lands within the countries above dcfcribed, oruponjany other lands which, not having been ceded to or purchaied by us, are ftill referved to the faid Indians as aforelaid, forthwith to remove them Selves from fuch fettlements*

And whereas great frauds and abiifes have been committed in the purchafing lands of the Indians,to the great prejudice of our interefts, and to the great difl'atisfaction of the faid Indians; in order therefore^ to prevent fuch irregularities for the future, and to the end that the Indians may he convinced of our juliice and determined re* folution to remove all feafonable cauie of difcontentj we do, with the advice of our privy council, ftrictly enjoin and require that no private perfon do prefume to make iiny purchafe from the faid Indians, of any lands referved to the faid Indians, with in thoie parts of our colonies where we have thought proper to allow fettlcment; bur. that if at any time any of the faid Indians mould be inclined to difpoie of the faid lands, the fame mall be purchafed only for us, in our name, at fome public meeting or affembjy of. the faid Indians, to be held for that.purpofe by the governor or com mander in chief of our colony refpeclively within which they fhall lie; and in cafe they (hall lie within the limits of any proprietaries, conformable to fuch'directions and inftruflions as we or they (hall think proper to give for thatpurpofe; and we do,, by the advice of our privy council, declare and enjoin, that the trade with the laid

APPENDIX.

671

Indians fhall be free and open to all our fubjefts .whatever, provided that every perfon who may incline to trade with the faid Indians, do take out a licenfe for carry ing on fuch trade, from the governor or commander in chief of any of our colo nies refpectively, where fuch perfon fhall refide, and alfo give fecurity to obferve fuch regulations as we (hall at any time think fit, by ourfelves or commiflaries to be appointed for this purpofe, to direct and appoint for the benefit of the faid trade: and we do hereby authorize, enjoin and require the governors and comman ders in chief of all our colonies refpecHvely, as well thofe under our immediate go vernment as thofe under the government and direction of proprietaries, to grant fuch licenfes without fee or .reward, taking efpecial care to infert therein a con dition that fuch licenfe fhall be void, and the fecurity forfeited, in cafe the perfon to whom the fame is granted mall refufe or neglecl 'to obferve fuch regulations as We fhall think proper as aforefaid.

And we do further exprefsly enjoin and require all officers whatever, as well mili tary as thofe employed in the management and direSion of Indian affairs within the territories referved as aforefaid, for the ufe of the faid Indians, to feize and appre hend all perfons whatever, who {landing charged with treafons, rnifprifions of treafon, murders or other felonies or-mifdemeanors, (hall fly from juftice and take re fuge in the faid territory, and to fend them under a proper guard to the colony where . the crime was committed, of which they mall ftand accufed, in order to iake their trial for the fame.

Given at our court of St. James', the feventh day of GQober, one thoufand fo yen hundred and fixty-thr.ee, in the third year of our reign.

.

COD S^VE THE KING,

6j* '

APPENDIX. A
TO

IN JANUARY, 1764;
which the 'north boundary of the Florida is declared to be the fouth boundary t>f Georgia. .
George "the Third, by the grace of God of Great-Britain, France and Ireland king, defender of the faith, and fo forth-^-to oiir fruity and well beloved James Wright, efq.-- Greeting;
'HEREAS we did., by our letters patent under our great feal of Great-Britajfl,j bearing date at Weftrnihfter, the fourth day of May, in the firft year
of our reign, constitute and appoint you the laid James Wright,, efq. to be our cap tain general and governor in chief in and over our colony of Georgia in America, lying from the moft northern ftream of a river there -commonly called Savannah, all along the fea coaft to the fouthward, unto the moft fou.thern ftream of a certain other great water or raver <ealled the AJatamaha, and wellward from the heads of the faid fivers refpeftjvely jn diretl lines to the South Seas ; and of all that fpace, circuit and precinct of lands lying within the (aid boundaries, with the iflands in the fea lying oppofite to the eaftern coaft of the faid lands within twenty Leagues of the fame, for and during our pleafure, as by the faid recited letters patent, relation being thereunto had, may more fully and at-large appear. NOW KNOW YOU, That we have re voked .and determined, and by .thefe prefects do revoke and determine fuch part and fo .much of the faid recited letters patent, and every elaufe, article and thing therein contained, which doth any way relate to or concern the limits and bounds ,of our fajd province as before described; 4nd further know you^ That we, repofmg efpecial truft and confidence in the prudence, courage and loyalty of you the faid James Wright, of our efpecial grace, certain knowledge and mere motion, have thought fit to conftkute and appoint, and by thefe prefents do conftitute and ap point you the fajd James Wright to be our captain general and governor in chief in and over our colony of Georgia in America, bounded on the north by the moft northern ftream of a river there commonly called Savannah as far as the head of faid river, and from thence weftward as'far as our territories extend; on the eaft by the fea coaft-from the faid river Savannah to the moft foulhern ftreain of a cer tain other river called St. Mary, including all iflands within twenty leagues of the coaft lying between the faid river Savannah and St. Mary as far as the head thereof; and from thence weftward as far as our territories extend by the north boundary

T

APPENDIX,

&7:3

line of our provinces of Eaft and Weft Florida. And we do hereby declare, ordain

and appoint, that you the (aid James Wright fhall and may hold, execute and enjoy

the office and place of our captain general, and governor in chief in and over the co

lony of Georgia, limited and bounded as above defcribed, together with all and fin-

gular the powers and authorities contained in our fa id recited letters patent under our

great feal of Great-Britain, bearing date at WeRminfter, the fourth day of May, in

the fir ft year of our reign, except as are herein excepted,for and during our will and

pleafure. In zvitnefs whereof, We have caufed thefe our letters to be made patent,

Witnefs, oujrfelf, at Weftminfter, the twentieth day of January, in the fourth year

of our reign.-

By writ of privy feal.

,

YORK AND YORK,

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X***

674

APPENDIX.

DEFINITIVE

BETWEEN THE

,

UNITED STATES OF AMERICA

AND

HIS BRITANNIC MAJESTY,

In the Name of the Mojl Holy and Undivided Trinity.
T having pleafed the Divine Providence to difpofe the hearts of the moff ferene and moft potent prince George the Third, by the grace of God king of GreatBritain, France and Ireland, defender of the faith, duke of Brunfwick and Lunenburgh, arch-treafurer and prince elector of the Holy Roman Empire, &c. and of the United States of America, to forget all paft mifunderftandings and differences that have unhappily interrupted the good correfpondence and friendfhip which they mutu ally wifh to reftore, and to eftablifh fuch a beneficial and fatisfaftory intercourfe be tween the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and fecure to both perpetual peace and harmony. And having for this defirabie end, already laid the foundatiop of peace and reconciliation, by the provilional articles, figned at Paris on the thirtieth of November, one thoufand feven hundred and eighty-two, by the commiffioners empowered on each part, which articles were agreed tobeinferted in, and to conftitute the treaty of peace propofed to be concluded between the crown of Great-Britain and the faid United States3 but which treaty was not to be concluded until terms of peace mail be agreed upon between Great-Britain and France, and his Britannic majefty mould be ready to con clude fuch treaty accordingly. And the treaty between Great-Britain and France^ having fince been con-eluded, his Britannic majefty and the United States of America, in order to carry into full effeQ the provifional articles above mentioned,, accor ding to the tenor thereof, have conftituted and appointed, that is to fay: his Britannic majefty on his partj David Hartley, efq. member of the parliament of GreatBritain; and the faicl United States on their part, John Adams, efq. late a comrniffioner of the United States of America, at the court of Verfailles, late delegate in congrefs from the ftate of Maffachufetts, and chief juftice of the faid ftate, and minifter plenipotentiary of the faid United States to their high mightineffes the States ge neral of the United Netherlands; Benjamin Franklin, efq. late delegate in congrefs from the ftate of Pennfylvania, president of the convention of the faid ftate and minifter plenipotentiary from the United States of America at the court of Verfailles j John Jay, efq. late preiident of congrefs and chief juftice of the ftate of New-York, and

APPENDIX.

, 675

ttunifter plenipotentiary From the faid United States to the courtof Madrid, to be the plen

ipotentiaries for the concluding and figning the prefent definitive treaty ; who after having

reciprocally communicated their .refpeclive full powers, have agreed upon and con

firmed the following articles.

.

AKTiC-LE I.

.-

His Britannic majefty acknowledges the faid United States, viz. New-Hampiliirej

Maffachufetts-Bay, Rhode-Ifland and Providence plantations, Connecticut, N.ewi

York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina,

South-Carolina and Georgia, to be free, fovereign and Independent ftates; that he

treats with them as fuch; and for himfelf, his heirs and fucceffbrs, relinquifhes all

elaims to the government} proprietary and territorial rights of the fame, and every

part thereof.

.

ii. x '

And that all difputes which might arife in future on the fubjeft of the boundaries of the faid United States may be prevented, it is hereby agreed and declared, that the following are, and (hall be their boundaries, viz. From the northweft angle of No*Va Scotia, yiz. that angle which is formed by a line drawn due north from the fource of St. Croix River to the highlands; along the faid highlands which divide thofe rivers, that empty themfelves into the river Su Lawrence, from thofe which fall into the Atlantic Ocean, to the northwefternmoft head of Connecticut RiVer, thence down along the middle of that river, to the forty .-fifth degree of north latitude, from thence by a line due Weft on faid latitude, until it ftrikes the river Iroquois or Gataraquy; thence along the middle of faid river into lake Ontario, through the middle of faid lake until it ftrikes the communication by water between that lake and lake Erie; thence along the middle of faid communication into lake Erie through the middle of faid lake until it arrives at the water communication between that lake and lake Huron$ thence along the middle of faid water communication into the lake Huron, thence .thrdugh the middle of, laid lake to the water communication between that lake and lake Superiors-.- thence through lake Superior northward of the ifles Royal and Philipeaux 5 to the Long Lake? thence through the middle of faid Long Lake, andlhe water communication between it and the lake of the Woods, to the faid lake of the Woodsy thence through the faid lake to the m oft ncrthweftern point thereof, and from thence on a due weft courie. to the river Mifiifippi; thence by a line to be drawn along the middle of the faid: river MifiiOppi until k, fhall interfeQ: the northernmoft part of the thirty-firft degree of north latitude. South by a 'line to be drawn due eaft from the 'determination oiv the line laft mentioned, in the latitude of thirty-one degrees north of the equator-, to the middle of the river Appalachicola or Catahouchee; thence alcifig the middle thereof to its junction with .the Flint River; thence ftraight to the head of St. Mary's River; and thence down along the middle of- St. Mary's River to the Atlantic Occam Eaft by -a line to be drawn- along the middle of. the river St. C'roixj from its mouth in the bay of Fundy to its fource j and from its fource direfclly. north, to the aforefaid highlands which divide the rivers that fall into the Atlantic Ocean from thofe which fall into :the river St. Law fence j comprehending all iflands within twenty leagues of any part of the ihores of the Uni ted States, and lying between 'lines to be drawn due eaft from the points where the! aforefaid boundaries between Nova Scotia on the one part, and Eaft Florida on the oiher, fhall refpeclively touch the bay of Fundy and the Atlantic Ocean t- excepting

6jf>.

'

APPENDIX,

-fuch iflands as now are or heretofore have been within the limits .of the faid province

of Nova Scotia,

>

.

ARTICLE III. It is agreed that the people of the United States (hall continue to enjoy unmoieftcd the right to take fifh of every kind on the Grand Bank, and on all the other banks of Newfoundland ; alfo in the gulph of St. Lawrence, and at all other places in the fea, where the inhabitants of both countries uied at any time heretofore to fifn; and al fo that <he inhabitants of the United States {hall-have liberty to take flih of every kind on fuch, part of the coaft of Newfoundland as Britifh fifiiermen fhall ufe, (but not to dry or cure the fame on that ifland;) and alfo on the eoafts, bays and creeks of all other of his Britannic majefly's dominions in America, and that the American fifhermen (halt have liberty to dry and cure fifh in any of the unfettled bays, harbors and creeks of Nova Scotia, Magdalen Iflands and Labrador, fa long as the. fame fhall .remains unfettkd ; but fo foon as the fame or either of them {hall be fettled, it iha,H,not be lawful for the faid fiihermen to dry or cure fifh at fuch fettlement, without a previousagreement for that purpofe with the inhabitants, proprietors or poffeffors of i;hc ground,
ARTICLE IV. It is agreed that creditors on either fide, {hall meet with no lawful impediment to the recovery of the full value in fterling money, of all bonaf.de debts heretofore con tracted.

ARTICLE V. It is agreed that the congrefs {hall earneftly recommend it to the legiflatures of the reipeclive itates to provide for the reftitution of all eftates, rights and properties, which have been confiscated, belonging to real Britifh fubjects, and .alfo of the ef tates, rights and properties of perfons refident in diftricls in the poffeffion of his maj city's arms, and who have not borne arms againft the faid United States. And that perlons of any other defcription mall have free liberty to go to any part or parts of any of the thirteen United States, and therein to remain twelve months, uhmolefted m their endeavors to obtain the reftitution of fuch of their eftates, rights and prop erties, as may have been confifcated ; and that congreisfhall alfo earneftly re'commend iothefeveral ftatesare-conficleration and reviiion of all acts or laws regarding the premifes, fo as to render the faid laws or aQs perfectly confiftent not only with juftice and equity, but with that fpirit of conciliation, which on the return of the bleffings of peace fhould univerfally prevail. And that congrefs fhall alfo earneftly recommend to the feveral ftatcs, that the eftates, rights and properties of fuch laft mentioned per fons {hall be reftored to them, they refunding to any perfons who may be now in pof feffion, the bona fide price (where any has been given) which fuch perfons may have paid on purchasing any of the faid lands, rights or properties, fince the confifcation. And itis agreed, that all perfons who have any interefl in confifcated lands, either by debts, marriage fettlements or otherwife, fhall meet with no lawful impediment in the
profecution of their juft rights.

ARTICLE VI. That there fhall be no future confiscations made, nor any profecutions commen ced -again'ft tiny perfon or perfons for, or by reafon of the part which lie or they may

APPENDIX;

677

iiave taken in the prefent war; and that no perfotv mall, on that account fufFer any future lofs or damage, s-ither in his peribn, liberty or property; and that thofe who may be in confinement on fuch charges, at the time of the ratification of the treaty in America, fhall be immediately let at liberty, and the profecutions fo commenced be difcontinued.

,;



ARTICLE VII.

There fhaH be a firm and perpetual peace between his Britannic majefty and the fair]

ftates, and betw.een the fubjefts of the one and the citizens of the other, wherefore

all hoftilities, both by fe'a and land, (hall from henceforth ceafe; all prifoners on both

fides Ihall be fet at liberty, and his Britannic majefty fhall, with all convenient fpeed,

and without caufing any detraction, -or carrying away any negroes or other proper-

ty of the American inhabitants, withdraw all his armies, garrifons and fleets from the

Faid United States, and from every poft, place and harbor within the fame ; leaving

in all fortifications the American artillery that may be therein; and fhall alfo order

andcaufe all archives, records, deeds and papers, belonging to any of the fa id ftates

-or their citizens, which in the courfe of the war may have fallen into the hands of

.his officers, to be forthwith reftored and delivered to the proper ftates and perfons to

"whom they belong.

ARTICLE yill. The navigation of the river Miffifippi, from its fource to the ocean, fhall forever .remain free and open to the fubjecls of Great-Britain and the citizens of the United States.

ARTICLE IX.

.

In cafe it {liquidTo happen that any place or territory belonging to Great-Britain

or to the United States fhould have been conquered by the arms of either from the

other before the arrival of the faid provifional articles in America, it is agreed that

the fame fhall be reflored without difficulty, and without requiring any compenfation.

ARTICLE X. The folemn ratifications of the prefent treaty, expedited in good and due form, fhall be exchanged between the contracting parties in the fpace of fix months, or . (boner if poffible, to be computed from the day of the fignature of the prefent trea ty. In tviLneJs whereof. We, the underfigned, their miniflers plenipotentiary, have in their name, and,in virtue of our full powers, figned with our hands the prefent definitive treaty, and caufetUhe feals of our arms to be affixed thereto,

Done at Paris, this third day of September, in the year of .our Lord one thou-' fand fcven hundred.and eighty-three.

. '

D. HARTLEY. '
JOHN ADAMS. B. FRANKLIN, JOHN JAY,

(L. S,)
(L. S.) (L. S.' (L. S.

APPENDIX,

'TREATY

o*

t

t

BETWEEN THE
UNITED STATES OF AMERICA
A&D THE
KING OF SPAIN,

"IS Catholic majefty and the United States of America, defiring to. confolidatt - on a permanent bafrs, the friendmip and goosl correfpondence which happilj prevail between the two parts^ have determined to eftablifh by convention, feveral points, the fettlement whereof will be productive of general advantage and recipro* Cal utility to both nations;

With this intentionj his itioft Catholic majefty has appointed the moft excellent lord, Don Manuel de Godoy and Alvarez de Faria, Rios, Safichez$ Zarzdza, prince de la Paz, duke de la Alcudia lord of the Soto de Rona, and of the ftate of Albala, Grandee of Spain of the firft clafs, perpetual regidor of the city of Santi ago, knight of the illuftrious order of the Golden Fleece, and great crofs of the royal and diftinguifhed Spanifh order of Charles the Third commander of Valencia, Del Ventozo, Rivera an^ Acenchal in that of Santiago; knight and great crofs o: the religious order of ,St. Jo'hn; counfelldr of ftate; firft fecretary of ftate arid defpacho; fecretary to the queen; fuperintendent general of the pofts and highways; proteclor of the Royal Academy of the noble fifts, and of the royal focieties df natural hiftory, botany, chymiftry, and aftronomy; gentlemen of the king's chamber in employment; captain general of his armies; infpeclor and major of the royal corps of body guards, Sec. &c. &c. and the prefident of the United State's, with the advice and confent of their Senate, has appointed Thomas Pinckney, a citizen of the United States, and their envoy extraordinary to his Catholic majefty. And the laid plenipotentiaries have agreed upon and concluded the following articles:

ARTICLE i.

There (hall be a firm and inviolable peace and fincere friendfhip between hia

Catholic majefty, his fircceffbrs and fubjefts, and the United States and their c.it.i-

tens, without exception of perfons or places,

'

'

8

APPENDIX,

670,

ARTICLE II. To prevent all difputes on the fubjecl. of the boundaries which feparate the territories of the two high contracting parties, it is hereby declared and agreed as follows, to wit: The fouthern boundary of the United States, which divides their territory from the Spanifh colonies of Eaft and Weft Florida, mall be defignated by a line beginning on the river Mifiifippi, at the nothernmoft part of the thirty.firft degree of latitude north of the equator, which from thence mall be drawn due eaft to the middle of the river Appalachicola, or Catahouchee, thence along the middle thereof to its junction with the Flint: thence ftraighl to the head of St. Mary's River, and thence down the middle thereof to the Atlantic Ocean. And it is agreed, that if there mould be any troops, garrifons or fettlements of either party, in the terri tory of the other, according to the above mentioned boundaries, they (hall be withr drawn from the faid territory within the term of fix months after the ratifications of this treaty, or fooner if it be pofhble; and that they fhall be permitted to take with them all the goods and effecls which they poffefs.

ARTICLE III. In order to carry the preceding article into effefl, one commiffioner and one furveyor mall be appointed by each of. the contracting parties, who (hall meet at the Natches, on the left fade of the river Miffifippi, before the expiration of fix months from the ratification of this convention, and they mall proceed to run and mark this boundary according to the ftipulations of the faid article. They fhall make plats and keep journals of their proceedings, which fhall be confidered as part' of this convention, arid {hall have the fame force as if they were inferted therein. And if on any account it fhould be found necefTary that the faid commiffioners and furveyors mould be accompanied by guards, they fhall be furnifhed in equal propor tions by the commanding officer of his majefty's troops in the two Floridas, and the commanding officer of the troops of the U'nited States in their fouthweftern ter ritory, who'fhall all by common confent, and amicably, as well with refpecl to this point as to the furnilhing of provifions and instruments, and making every other arrangement which may be neceffary or ufeful for the executioa of this article-

ARTICLE IV. It is likewife agreed that the \veftern boundary of the United States which fepa rate them from the Spanifh colony of Louifiana, is in the middle of the channel or bed of the river Miffifippi, from the northern boundary of the faid ilates to the completion of the thirty-firft degree of latitude north of the equator. And his Catholic majefly has likewife agreed that the navigation of the faid river, in its whole breadth from its fource to the Ocean, mall be free only to his fubjecls and the citi zens of the United States, anlefs he mould extend this privilege to the fubjefts of other powers by fpecial convention.

ARTICLE V.

'

The two high contraQing parties mail, by all the means in their power, maintain

peace and harmony among the feveral Indian nations who inhabit the country adja

cent to the lines agd rivers which, by the preceding articles, form the two Floridas.

And the better to obtain this effefl, both parties oblige thcmfelves exprefsly to reRraiu

by force all.hoftililies on the part of the Indian nations living within their boundary.

So that'Spain will not fuffer her Indians to attack the citizens of the United States5 nor

APPENDIX.

the Indians inhabiting their territory; nor will the United States permit thefe laft men tioned Indians to commence hoftilities againil the fubjefls of his Catholic majefty or his Indians in any manner whatever.
/
And whereas, feveral treaties of friendfhip exift between the two contracting parties and the (aid nations of Indians, it is hereby agreed, that in future no treaty of alliance or other whatever (except treaties of peace) (hall be made by either party with the In dians living within the boundary of the other; but both parties will endeavor to make the advantages of the Indian trade common and mutually beneficial to their refpeftive fubjecls and citizens, obferving in all things the rooft complete reciprocity, fo that both parties may obtain the advantages arifmg from a good underftanding with the faid nations, without being fubject to the expence which they have hitherto occafioned,

ARTICLE VI, Each party (hall endeavor, by all means in their power, to proteft and defend all vefiTels and other effecls belonging to the citizens or Jubjefls of the other, which (hali be within the extent of their juritdiclion, by fea or by land; and {hall ufe all their ef forts to recover and caufe to be reftored to. the right owners, their veffels and effefls which may have been taken from them within the extent of their faid jurifdiQion, whether they are at war or not with the power whofe fubtecls have taken pofleffion of the faid efie6ts.

ARTICLE VII. And it is agreed that the fubjefts or citizens of each of the contracting parties, their veffels or effects, fhall not be liable to any embargo or detention on the part of the other, for any military expedition or other public or private purpofe what ever. And in all cafes of feizure, detention or arreft for debts contraQed, or of fences committed by any citizen or fubjeft of the one party within the jurifdi&Uon of she other, the fame fhall be made and profecuted by order and authority of lav,' on ly, and according to the regular courfe of proceedings ufual in fuch cafes. The ci tizens and fubjects of both parties fhall be allowed tp employ fuch advocates, folicitors, notaries, agents and factors, as they may judge proper, in all their affairs and in all their trials at law, in which they may be concerned before the tribunals of the other party; and fuch agents fhall have freeaccefsto beprefen't at, the procee jings in fuch caufes, and at the taking of all examinations and evidence which may;.be exhi bited in the faid trials,

ARTICLE VIII. ,

'

In cafe the fubjefts and inhabitants of either party, with their, (hipping, whether pub

lic and of war, or private and of merchants, be forced, through lirefs of weather, pur-

fuit of pirates or enemies, or any other urgent neceflky, for fee.king of (heller and

harbor, to retreat and enter into any of the rivers, bays, roads or ports, belonging

?.o the other party, they (hall be received and treated with all humanity, and enjoy

all favor, protection and help, and they fhall be permitted to refrefh and provide

themfelvesatreafonableraf.es, with victuals and all things needful, for the fuilenance

of their perfons, or reparation of their fhips and profecuiiori of their .voyage; and

they (hall no ways be hindered from returning out of the faid ports or roads, but may

r.eiriove atid depart when and whither (hey plcafe, without any let or hindcrance.

APPENDIX.-

ARTICLE. IX.
All mips and merchandize of what nature foever, which fhall be refcucd out of the hands of any pirates or robbers on the high teas, fliall be brought into forae port of either fta-te, and fliall be delivered to the cuftody of the officers of that port, in order to be taken care of and reftored entire to the true proprietor, as foon as due arid fufficient proof fliall be made concerning the property thereof.

ARTICLE X.
When any veffel of either party fliall be wrecked, foundered, or otherwife dama ged, on the coafts or within the dominion of the other, their refpeflive fubjeQs or citizens fhall receive, as well for themfelves as for their veffels and effecls, the fame afliftance which would be due to the inhabitants of the country where the damage happens, and fhall pay the fame charges and dueronTy as the'faid inhabitants would be fubjecl. to pay in a like cafe. And if the operations of repair would require that, the whole, or any part of the cargo be unladen, they fliall pay no duties, charges 01 fees on the part which they iha.ll relade and carry away.

ARTICLE XL The citizens and fubjecls of each party fhall have power to difpofe of their peribnal goods within the jurifdiclion of the other, by teftament, donation or otherwife, and theirreprefentativ.es, being fubjeQs or citizens of the other party, fhall fucceed to their laid perfonal goods, whether by teftament or ab inteftata, and they may take poffeffion thereof, either by themfelves or others afting for them, and difpofe of the fame at their will, paying fuch dues only as the inhabitants of the country wherein the faid goods arc-, fliall be fubjeft to pay in like cafes;

And in cafe of the abfence of the representative, fuch care mail be taken of the faid goods, as would be taken of the goods of a native in K&e cafe5 until the lawful owner may take meafures for receiving them.

And if queftions fhall arife among feveral claimants to which of them the faid goods belong, the fame fhall be decided finally by the laws and judges of the land wherein the faid goods are. And where, on the death of any perfon, holding real eftate within the territories of the one party, fuch real eftate would, by the laws of the land, defcend on a citizen or fubjeft of the other, were he not disqualified by being an alien, fuch fabice^ fliall be allowed a reafonable time to fell the fame, and to withdraw the proceeds without moleflation, and exempt from all rights of detraction on the part of the gov-
eminent of the refpeQive ftates,

ARTICLE XII.

*

The merchant (hips-of either of the parties which fliall be making into a port be

longing to the enemy of the other, and concerning whole voyage and the. fpecies of

goods on board her, there fhall be juft grounds of fufpicion, fhall be obliged to ex

hibit as well upon the high feas as in the ports and havens, not only her paflports, but

Sikewife certificates.,' exprefsly (hewing that her goods are not of the number of thofe

xvh'ich have been prohibited as contraband.

'

\ -681 I
I \
*

.

-'APPENDIX.

ARTICLE XIIL
For the better promoting of commerce on both fides, it is agreed. That if a waf fhall break out between the faid two nations, one year after the proclamation of war. {hall be allowed to the merchants, in the cities and towns where they (hall live, for coileclirig andtranfporting their goods and merchandizes: And if any thing be taken. from them, or any injury be done them within that term, by either party, or the peo ple or fubjefts of either, full fatisfaQion {hall be made for the fame by the government,

ARTICLE XIV.
No fiibjeft of his Catholic majefty (hall apply for or take any eommiffion or let ters of marque for arming any {hip or (hips to aft as privateers againft the faid Uni ted States, or againft the citizens, people or inhabitants of the faid United States^ or againft the property of any of the inhabitants of any of them, from any prince or ftate with which the faid United States fhall be at war,

Nor fhall any citizen, fubjeft or inhabitant of the faid United States apply for of take any eommiffion or letters of marque for arming any {hip or (hips to at as prU vateers againft the fubjeQs of his Catholic majefty, or the property of any of them s from any prince or ftate with which the faid king fhall be at war. And if any perfon of either nation fhall take fuch commiflions or letters of marque, hefhall bepunifhed as a pirate.

ARTICLE XV. It fhall be lawful for all and fingular the fubjefls of his Catholic majefty, and the citizens, people and inhabitants of the faid United States, to fail with their fhips with all manner of liberty and fecurity, no diftinQipn being made who are the pro* prietors of the merchandizes laden thereon, from arty port to the places of thofe 'who now are, or hereafter fhall be at enmity with his Catholic majefty or the United States, It fhall be likewife lawful for the fubjefts and inhabitants aforefaid, to fail with the fhips and merchandizes aforementioned, and to trade with the fame liberty and fecurity from the places, ports and havens of thofe who are enemies to bath or either party without any opposition whatfoever; not only direftly from the places of the enemy aforementioned to neutral places, but alfo from one place belonging to an enemy to another place belonging to'an enemy, whether they be under the jurifdiction of the fame prince or under feveral; and it is hereby ftipulated, that free fhips lhall alfo give freedom to goods, and that every thing fhall be deemed free and ex empt which fhall be found on board the mips belonging to the fubjefls of either of the contracting parties, although the whole landing or any part thereof mould appertain to the enemies of either: Contraband goods being always excepted. It is alfo agreed, that the fame liberty be extended to perfons who are on board a free fhip, fo that al though they be enemies to either party, they fhall not be made prifoners or taken out of that free {hip, unlefs they are foldiers and in afclual fervice of the enemies,

ARTICLE XVI. This liberty of navigation and commerce mall extend to all kinds of merchandizes^ excepting thofe only, which are diftinguifhed by the name of contraband : And undr this name of contraband or prohibited goods, fhall be comprehended arms, great, guns, bombs with the fufees and the other things belonging to them, cannon-ball, gunpowder, matchj pikes, I words, lances, fpears, halberds, mortars, petards, grenades?

fattpetre, mufkets, ffitifket-balls;, bucklers, helmets, bEeafl;-plates, toats f mail and the

like kinds of arms proper for arming foldiers, mufket-refls, belts, horfes with their

furniture arid all other warlike inftruments whatever. Thefe merchandizes which

follow, fhall not be reckoned among contraband or prohibited goods : That is to fay,

all forts of cloths, and all other manufactures woven of any wool, flax, filk, cottort

or any other materials whatever; all kind of wearing apparelj together with all fpe-

cies whereof they are ufed to be made; gold and filvef, as well coined as uncoined,

tin, iron, latter), copper, brafs, coals; as alfo wheat, barley and oats, and any-

other kind of corn and pulfe; tobacco, and likewife all manner of fpices, falted and

fmoked flefh, failed fifh, cheefe and butter, beer, oils, wines, fugars, and all forts

of hits: And in general^ all proVifioris which ferve for the fuflenance of life: Fur

thermore, all kinds of cotton, hemp$ flax, tar, pitch, ropes, cables, fails, fail-

cloths, anchors, and any parts of anchors, alfc (hips' mafts, planks and wood of all

kind, and all other things proper either for building or repairing fliips, and all other

goods whatever, which have not been worked into the form of any iriftrument prepa=-

red for war, by land or by fea, fliall not be reputed contraband, much lefs, fuch as have

beenalready wrought and made up for any other ufe; all which fhall be wholly reckoned

among free goods; As likewife all other merchandizes and things which are not com-

prehended and particularly mentioned in the foregoing enumeration of contraband

goods: So that they may betranfported and carried in the freeft manner by the fubjeQs

of both parties, even to places belonging to an enemy, fuch towns or places being only

excepted, as are at that time befieged, blocked up, or invefte'd. And except the

cafes in which any fhip of war, or fquadron fhall, in confequence of ftorms orother

accidents at fea, be under the neceffity of taking the cargo of any trading veffel

or veffels, in which cafe they may flop the faid veffel or veffels, and furnifh them-

felves with neceffaries,' giving a receipt, in order that the power to whom the faid fhip

of war belongs may pay for the articles fo taken, according to the price thereof

at the port'to which they may appear to have been deftined by the fhip's papers; and

the two contracting parties, engage that the veffels fhall not be detained longer than

may be abfolutely neceffary for their faid fliips to fupply thernfelves with neceffaries, -

That they will immediately pay the value of the receipts, .and indemnify the propri-

etor for all loffes which he may have fuftained in confequence of fuch tranfaction.

:" ' ' . .

-

ARTICLE XVII.

.



To the end that all manner of diflenfions and quarrels may be avoided and preven-

|ed on one fide and the other, it is agreed, that in cafe either of the parties hereto,

fhould be engaged in war, the fhips and veffels belonging to the fubjetts or people

of the other party muft be furniflied with fea-letters or paffports, exprefling the

name, property and bulk of the fhip, as alfo the name and place of habitation of the

mafter or commanderof the faid fliip, that it may appear thereby^ that the fhip really

and truly belongs to the Hxbjefts of one of the parties, which paffnort fhall be made

out and granted according to the form annexed to this treaty. They fhall likewife

be recalled every year, that is } . if the fhip happens to return bo^ifi within the fpace

of a year, -

.

.

.

-'

'

*

It is likewife agreed, that fuch fhips being laden, are to be provided not only with,paffports as abovementioned, but alfo with certificates, containing the fevera! particulars of the cargo, the place whence the fhip failed, that fo it may be known .
whether any'forbidden or contraband goods be on board .the lame;, which certify

m '
[jilt H ; 'j;;j ijjj p M $[\ j'jj >"i |j!? i!;jj i|| ,|j?| i>; !: |M JM ||4 I*
hf
|| || ;> | it ^1; |:'ij ll\ Jd |l ||

-684

APPENDIX.

cates fhall be made out by the officers of the place whence the fhip Jailed in die aecuftomed form : And if any one fhall think it fit or advifable to e'xprefs in the faid certificates, the perfon to whom the goods on board belong, he may freely do fo: Without which requtiites they may be lent to one of the ports of the other contrailing party, and adjudged, by the competent tribunal, according to what is above fet forth, that all the circumftances of this omiflion having been well examined, they fhall be adjudged to be legal prizes, unlefs they (hall give legal fatisfa&ion of their
property by teflimony entirely equivalent...

ARTICE XVIII. If the {hips of the faid fubjecls, people or inhabitants of either of the parties, fhall be met with either failing along the coaft or on the high leas, by any fhip of war of the other, or by any privateer,' the faid fliip of war or privateer for the avoiding of any diforder, fhall remain out of cannon mot, and may fend their boats aboard the merchant fhip;, which they fhall fo meet with, and may enter her to the number of two or three men only, to whom the mafter or commander of fuch fhip or veffel fhall exhibit his paffports, concerning the property of the fhip, made out according to the form inferted in this prefent treaty, and the fhip, when the fhall have mewed fuch paffport, fhall be free and at liberty to purfue her voyage, fo as it fhall not be lawful to moleft or give her chafe in" any manner, or force her to quit her intended courfe,

ARTICLE XIX. Confuls (hall be reciprocally eftablifhed with the privileges and powers which (hole of the-moft favored nations enjoy, in the ports where their confuls refide or are permitted to be,

ARTICLE XX. It is alfo agreed that .the inhabitants of the territories of each party fhall refpeclively have free accefs to the courts of jufticeof the other, and they fhall be permitted to profecute fuits for the recovery of their properties, the payment of their debts, and for obtaining fatisfatlion for the damages which they may have had fuftained, whe
ther the perfbns whom they may fue be fubjefts or citizens of the country in which they may be found, or any other perfons whatfoever, who may have taken refuge therein; and the proceedings and leniences of the faid courts fhall be the fame as if the contending parties had been fubjecls or citizens of the faid country.

ARTICLE XXL In order to terminate all differences on account of the loffes fuftained by the citi zens of the United States, in confequence of their veffels and cargoes having been taken by the fubjefts of his Catholic majefty, during the late war between Spain and France, it is agreed that all fuch cafes fhall be referred to the final decifion of commiffioners to be appointed in the following manner: His Catholic majefty, {hall name one commiffioner, and the prefident of the United States, by and with the advice and confent of their Senate, fhall appoint another, and the faid two commiffioners {hall agree on the choice of the third, or if they cannot agree fo, they fhail each propofe one perfon, and of the two names fo propofed, one fhall be drawn by lot in the prefence of the two original commiffioners, and the perfon whofe name fhall be fo drawn, fhall be the third commiffioner: and the three commiffioners fo appointed fhall be fworn impartially to examine and decide the claims in cjueftioRj according to

APPENDIX,

.

685

t.he merits of the feveral cafes, and to juftice, equity and (lie laws of nations. The fair! comniiilioners fhall meet and fit at Philadelphia, and in the cafe of the death, ficknefs or neceflary. abfence of any fuch commiffioner, his place fliail be fupplied in the fame manner as he was firft appointed, and the new commiffioner mail take the fame oaths and do the fame duties. They fliall receive all complaints and appli cations authorized by this article, during eighteen months from the day on which they mail aflemble. They mall have power to examine all fuch perfons as come before them on oath or affirmation, touching the complaints in queftion, and alfo to receive in evidence all written teftimony, authenticated in fuch manner as they fliall think proper to require or admit. The award of the laid commiffioners or any two of them, fhall be final and conclufive, both, as to the juftice of the claim and the amount of the fum to be paid to the claimants, arad his Catholic majefty undertakes to caufe the fame to be paid in fpecie, without deduction-, at fuch times and places, and under fuch conditions as fhall be awarded by the laid commiffioners,
ARTICLE XXII. The two high contracting parties hoping that the good correfpondence and friendfhip which happily reigns between them, will be further increafed by this treaty, and thaf.it will contribute to augment their profperity and opulence, will in future give to their mutual commerce all the extension and favor which the advantages of both
countries may require.
And in confequence of the ftipulation-s contained in the fourth article, his Catholic majefty will permit the citizens of the United States, for the fpace of three years from this time, to depofit their merchandizes and effefts in the port of New-Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the ft'ores, and his majefty promifes either to continue this permiffiqn if he finds during that time that it is not prejudicial to the interefts of Spain, or if he fliould iiot agree to continue it there, he will aflign to them on another part of the banks of the Miflifippi, an equivalent eftabliflirnent,
ARTICLE XXIII. The prefent treaty fha.ll not be in force until ratified by the contracting parties, and the ratifications fliall be exchanged in fix months from this time, or fooner if poffible.
In wjtnefs whereof, we the underwritten plenipotentiaries of his Catholic majefty and the United States of America, have figned this prefent treaty of friendfhip, limits and navigation, and have thereunto affixed our feals .refpeQively,
Done at San Lorenzo el Real, this fevcn and twentieth day of October one thouCand icven hundred and ninety-five.

THOMAS PINCKNEY. EL PRINCIPE DE .LA PAZ.

(L. S.J (L. S.)

^^



ACADEMY OR FREE SCHOOL,

Page

0 be eftabli/hed in every county

12

Onethoufan-d acres of land to be granted each county for that ufe

134

Each county may purchafe one thoufand pounds wojth of confiicated pj-operty

99

Eftablifhed in Chatham comity

564

Five thoufand acrea of land to be granted for that feminary

ibid

lit Sunbury, in the county of Liberty

566

Jn Ijouifville, in the county of Jeffeiibri

5^7

In Augufta, in the county of Richmond, and endowed with the money arifmg from the, town lots 132

In the county of Burke, endowed with two thoufand acres of land

134

In the county of Wilkes

ibicj

See univerfity



ACCOUNTS, PUBLIC,

To be kept in dollars, difmes, cents and mills

-

33

Open accounts not to bear intereft

300

ACTIONS,

limitation of

"."-.,-

Certain length of time taken out

Not to affeft Sir William Baker

Nor infants, feme-coverts, idiots3 &Ci

Abatement of

23

3^

ibid

33



295

ADMINISTRATOR,

ai 3.

See Executor,

ADULTERY AND FORNICATION,

How to be ptuiiihed

43

AFFIRMATION.

391

ALIENS, RIGHT OF

38

When liable to militia diity

.'

357

--

.

AMERCEMENT,

See Confifcation and Amercement.

75) 7 8

>' . '.

APPEAL

From inferior courts

From the luperior courts to a fuecialjxiry

.'

68.8 ,

,

INDEX,

Allowed executors and adminiftrators without fecurity From caveat courts to the executive department r roT m Ithe court orr'ordii-nary to thi e irupenor court From the juftices of the peace to a Jury of five men

''
.

Of confederation ' Specific, mode of eftimatitig their value
Shall bear interest

ARTICLES

To be promoted

ARTS AND SCIENCES

ATTACHMENT
Againft the eftatcs of abfejit debtors Againft witncffes for non-attendance

ATTORNEY,

Admiffion of When liable to cofts General and folicitor general To have falaries adequate to their fervices

.

.

Their duty Letters of, from other ftates, how to be proyea Sales by attorney or agent

J*o

5 ,, ,,i>

..

5: - j ' 12Jg"

2 gg

j]^,

,,

,,,, jog

'41

,

^00

?8

f.

jbid

goo

116

. Jbi4

AUDITOR,.

How to fettle doubtful cafes

'

05

To liquidate the claims of the fiate troops

^63

AUGUSTA, TOWN OF,

The vacant land abtove and below added and laid into lots

j^;-

iiOt holders to improve them

jfoic

Corajjiiffioners appointed for die town and aca.demy

iv.<i. i-st, i^j.

Shall account yearly with the executive

jas

Shall ere.63; an academy yvitli the money arifing from the fale of the lets ID the town

of Augufta

jjjjd

Shall convey the lots by them fold

jtz

Shall referve one lot for a chfirch and ten for public vifes

ibid

Shall referve two lots for public worfhip

g2o

Shall make .Greene-ftreet uniform

j 26

Shall make Broad-ftreet-uniform

;

ijc

May leafe out the common

'

J34

May lay out lots at the lower end and fbuth fide of the town

j^

May eftablifii a lottery to ereft a pier

.

3^6

Inyefted with the powers of the corporation of Savannah

'

335

The ferry under their direction

^53, 240

Two new members added

135-

Additional truftees appointed

136

Their number not to be increafed

,

127

The town incorporated and ilyled city

.

137.

C'ourt-houfe and jail therein

164

Commiflioners of the court-houfe a.nd jail, appointed

.

ibid

Others appointe4



'

124.

Vendue-mafter at

'

'

57O 572

Fire company at

242

Mechanical Society incorporated



147

Piers to be built by lottery

136.

INDEX.

'

AWARD

Page

Of arbitrators may fee" entered up as a judgment

301

In civil cafes In criminal cafea . May be required to juftify

BAIL

275, 296 256 257

BASTARDY,

An aft to reftrain and punifH

4?

BETHESDA COLLEGE*

In Chatham county, eftablifted

564,

See Univerfity.

BILLS OF SALES,

ttt

See Conveyances.

BITING AND GOUGING,
An aft to reftrain and punifli

BONDS, NOTES AND OTHER SPECIALTIES,

How to be proven

'.

To be denied on oath

Negotiable

4j>
. ' 116 29 J

. BOUNTY OF LAND TO OFFICERS AND SOLDIERS

333

Bee Land.

'

BOUNDARY OF THE STATE OF GEORGIA,

Declaration of

"24, 328, 584

Differences fettled with South-Carolina by the ratification of the convention at Beaufort

337

To be recorded

BRANDS AND MARKS

.

x

.

347

BRIDGES,

Public, under the direftion of the inferior courts

See Roads.

Toll, over Great Ogechee, vefted in James Gunn and Wade Hampton

Proprietors to repair the bridge, or the commiffioners will do it

,,

Expence to be paid by the proprietors, or execution may iffue

, Over Little River and other ftreams

Repealed, except Little River and Beaver Dam

Over Ogechee, vefted in Stephen Powell

Over faid ftream, vefted in Jofeph Bryan

: ~ Ovf.r Ebenezer Creek, vefted in John King



405
44, 49 409 ibid 46 ibid ibid, 47 48

BRUNSWICK AND FREDERIGA, TOWNS OF5

Commiffioners of, appointed

.

Their powers refpefting a refurvey and fale of lots

The money applied to build an academy in Glynn county

They may leafe the town common

i /. . ' '. >

Jr8 159 159,160
ibid

; '

.

BRYAN COUNTY :-^'" : ''..-

Laid out and defined

.167

A new county laid 'out of this and Scriven



, 1 69

Part of -Eflmgham added to it

4

?7?

'689

INDEX,

Public buildings made permanent

'

:

Commiffioners of the academy may cut a canal from Alligator. Swamp tp'ljrunfwickj'and take toll

May fell confifcated property

Glebe land may be leafed by the inferior court

".

Page 174. 49 jbid j6o

BULLOCK COUNTY
Laid out--its boundary defined Court-houfe and jail made permanent Commiffioaers of, to clear out Ogechee River ,

, L; i

..'.-. '.

\6g

175, 177

'

570

BURKE COUNTY

Laid out and defined

Wayneftorough the feat of the public buildings

Comrniflioners empowered to fell lots in the faid town

.

Money arifing therefrom to fupport an academy

Scriven covinty laid out of this and Effingham county

Jefferfon laid out of this and Warren county

.

Inferior court of, empowered to fell the glebe land

'. 6, 151

. " .; 134

ibid

ibid

-165

""

' 169

,

' -.-, 161

CAMDEN COUNTY,
Court-houfe and jail to be at St. Mary's
To be at JefFerfon

/
From the Alatamaha to Brunfwick From the Alatamaha to Turtle River From Hampton River to Racoon Point

CANALS,

;



161

162

.

. ; : ,-

49 to 50

51

ibid

CATTLE,
Punifhment for unlawfully branding, marking and ftealing of Horfes, cattle, &c. for exportation, muft be tolled and avouched Juffiices of the peace to be toll-mailers Stolen, tolled, how recovered
Sales of cattle and horfes, how to be made Wild, how difpofed of
Irifpe&ion of, eftabliihed in Camden county

52 ibid
53 ibid 52 to 57
54 56

How tried Appeal to the governor

CAVEAT,
- ..

324 39i 33 2 > 338

CEDED LANDS

601

- CENSUS OR ENUMERATION

',

2I

CERTIFICATES

To be renewed and funded

<

Form thereof '

New certificates to be iffued in lieu of the old

Old ones to be barred in two years

92

^

ibid

183

184

CHARTER OF INCORPORATION

Granted to the Univeriaty of Georgia

To Bethefda College

,,,,,"

To the city of Savannah

;

To the city of Augufta

To the Kioka Anabaptift Church

To the Epifcopal Church at Savannah

To the Congregational Church at Midway

560 566 12I> 123 J37 143 144 ibid

INDEX.

To the Union Society To the Mechanical Society at Savannah To the Mechanical Society at Au gufta
To the Grand Lodge of Georgia
To the Augufta Meeting Houfe To the Midway and Newport Library Society To the Union Society in Greene county Maybe granted by the governor to religious focieties

, .
"

CHATHAM COUNTY

Laid out and defined

Court-houfe and jail to be in Savannah Mayor and aldermen cbmmiffioners of court-houfe /

' Academy, truftees appointed for

.

Bryan county laid out of this

Certain perfons admitted to

CITIZENSHIP,

..

_

To property under execution

"CLAIMS .

'. V _

CLERKS

Of courts, how to be'appointed

To ferve during good behaviour

Their oath and duty

May be clerks of both courts

;

Shall give bond and fecurity

Their fees in civil and criminal cafes

Of the Houfe of Reprefentatives'fees

.

.

.' .

. COIN,

"'

.

An ab to puni/h the clipping of

Counterfeiting of, punifhed with death

COLUMBIA COUNTY

Laid out and defined

-.

Seat of the public buildings made permanent

Academy eftablifhed near the court-houfe

His powers and duty

COMPTROLLER GENERAL
,

: ( CONFISCATION AND AMERCEMENT

A&s of, recomrkended by congrefs

Perfons named therein, attainted and banimed, and their eftates confifcat'ed

Perfons entitled to the rights of citizenfhip, on certain conditions

A board of tmflees appointed

Tljeip duty--empowered to fend for perfons, books and papers

Creditors to fuch eftates, to lay their claims before the board

, Sheriffs, &c. to execute their orders and decrees

The board may commit to jail, in certain cafes

.

Perfons indebted to faid eftates, to difcover the amount

May.pay the fame in paper money

.

The board fliall fettle fuch eftates, on certain conditions

Bonds taken to be recorded

Claims againft Tuch eftates to be liquidated by the auditor or board

CgiPage
142 146 147
148 136 149 fbid 145

(5, jj J 53 172 564 167

58, 74

aoi

.
s'j'if

201, 202

29, 201

^O2

i'bid

ibid

231

232

.

59 2 45

163 172 ibid
-*..
1.83, j 84

gj 64, 83, 85
74 64 6? ibid 66
ibid 99
ibid 67
,j58 85, 94

INDEX.

The board to fell real eftates--Terms of fale

And make legal.conveyances to the purchafets

The ftate mall warrant all fuch titles

The board to give bond and fecurity, and be fworn

Shall pay all monies into the treafury

Which is appropriated to the defence of the country

Sheriffs to give bond and fecurity--.fees for their fervices

Wives and children of perfons attainted, to be maintained

Eftates of perfons redding in Britifh dominions, forfeited

Other commiffioners appointed-srtheir compenfation .

'

69, 73, 86 69, 73, 87
78, 88 70
jbid ^r
ibid 71, 87
73 yj, 78

Certain perfons amerced Money arifing therefrom to be paid into the treafury Debts due to Britim fubjecis feqiiettered Their eftates confifcated Another board appointed Shall give bond and fecurity,. and be fworn

-.





'.' "

75

7$

. .85

ibid

86

,87

Their cornpenfation Invefted with the power of the former boards Sales under ad of 1788, not completed--declared void

. ...

.88 , , 86
.88

The property to be fold under this aft

ibid

The board to report their proceedings to the executive

ibid

The board difiblved--Three nominated and veiled with the fame power? The governor may fell perfonal eftate

. $9, 96 96

Furchafers allowed to relinquifh their bargains

'

90

Certificates to be received in payment as gold and filver



.

ibiji

Intercft thereof to form a contingent fund The board te fell what yet remains unfold.--The conditions Audited certificates to be -exchanged for indented ones. Which fliall be funded and bear intereft The board to lay their proceedings before the legiflaturiE

91

ibid

.

92

ibid

93

The money applied to difcharge the continental quota

..

jbid

Certain perfons relieved from confifcatkm and baniftiment

yo,

But fubjed to amercement and other difqualificatkms Certain perfons permitted to remain in this ftate feven years And others reftored to the rights of eitizenfhip Property reverting to the ftate, how difpofed of Sheriffs to fell the fame, qn certain conditions Three commiffioners of confifcated eftates appointed

, .
^^ ^^

ibid ibid. 8@ 9'/ ? 10,0 ibid IDS

Shall give bond and fecurity

ibid

All bonds taken by them to be fent to the treafurer

"

98

'Each county allo\ved to purchafe one thoufand pounds ivorth of confifcated eftatea for tlie ufe

of academies

_

99.. 101

Commiffioners of Louifville authorized to purchafe two thoufand pounds, to fmifli the ftatf:-hofe

ibid

Attachments againft perfons on the a& of confifcation

99

A board inftituted to take in certificates, and iffue others

102

Certain perfons taken from the afts of eonfifcation, &c.
CONSTABLES

103 to III

Appointed by the inferior courts--to give bond and fecurity, and be fworn

2O5.

Punimable by cndiftmeat

May levy on real eftate

Th'iir duty on the fabbath-day ',

.

Their duty under the patrol laws--their fees

.

289 291 411 -432

They mall fummon juries and attend juitkes' courts

290

Their fees

CONSTITUTION

*32> 290

Of the ftate of Georgia

20

Alterations, how to be made Of 1777

a,

31

^

5.

Of 1789

*3

Of 1795

..

Of the United States of America .

Amendment of, explaining the judicial authority, ratified

Of 1778

''

'

.

CONTAGIOUS DISORDERS-- See Quarantine'

19
6y o 2 oi . S4*
jj 8

CONTINUATION OF FORMER LAWS-- See Revival of Laws

ao i
jy I

CONVENTION AT BEAUFORT

66t

Ratified by the fiate of Georgia

337

CONVEYANCES, DEEDS, BILLS OF SALE AND MORTGAGES,

By huiband and wife

How to be executed and proven

Fraudulent, how to be detefted and puniftied ' -',

Defeft in the form of, not fatal

j

Livery and feizin unnecefiary

.

When and where to be recorded

Time for recording extended

Loft, how to be eftablKKed

by attornies or agents, declared to be valid '



112, n^, j ibid, ibid, ibid
m, 114 114, 115
ibid
Hi, 113, ji^ 36 u5
i^jc}

'. '

. COPY-RIGHT . _

/.

Secured to the authors of books, maps, &c.

34.3

COPARTNERS
Compelled to account by a bill in equity

.
Appointed by the people When to aft as fherifF ^ Their fees When the public is to be accovmtabld

CORONERS
,

*
202 294 .229 232

' In

' criminal

cafes

to

be

paid

by

the

'" profecutor

COSTS or prifoner,

at

the

difcretion

of

the

juftice

2.50

Irifpeftion of, aft repealed.

COTTON, .


V. \5o

.



COURTS^ '

Siuperior, to be held twice a year in each county

*'

To have concurrent jurifdiftion . .

-

Times of being held

Invefted with chancery powers

May pun fh its officers for contempts, by attachment

*

To be courts of record

.

May compel the produftion of books, papers, &c. on the trial

Eftablifli tjKe copy of loft papers, and grant writs of habeas corpus!

Aftions therein not to be abated or quaftied for want of form

Dilatory pjeas therein to be received on oath

Aftions againft joint obligors refident in different counties

May declare amis-trial, and fine offending jurors

Shall decide on the illegality of executions

.

:

Shall correft errors and grant new trials

And perpetuate teftimbrty

,

Inferior, to be held half-yearly in each county .

-

27 292 ibid 307
306, 285 . 295
294 ibid 295 ibid s8, 295 300
301
27, 307 go8
37

693 ;

'

11

'

fji

if!

'

1

f

I'
Siij,

m
Ijfei jji |p fe
| ;:|
|j
fir
|
)( .'1*^ il ' || j| | i> :J
'

'-

.

INDEX. -

. :'

Times of holding

Page ( 2gz

Shall hold pleas in civil cafes

Zj

Shall grant writs of habeas corpus, and eftablifli copies of loft papers

294

Conftituted commiffioners of the court-houfe and jail

,

JHQ,

Shall grant tavern licenfes and fix tavern rates

.....-

, 44,5'

Shall levy a county tax

,.

' 171

Shall repair court-houfes and jails, and erecl: bridges

-

fty

Shall provide for the poor and bind out orphans

224, 226

Shall Superintend the clearing and repairing of roads

4P5> 400

May order the fale of land 9n the application of executors,, 8cc.

22*

And direct executors, &c. to complete titles of land fold by their- teilators or iateftales 21 ft

Shall appoint conftables

202

Shall appoint juftices of the peace

28

Conftituted courts of ordinary

'

ibi<i

Qf ordinary instituted

ibid

Appeal from th,eir decifion to the fuperior courta,

.

,

ibid

Adt to regulate their proceedings

219,

Martial--See militia

'

352, 354, 357

COURT-HOUSES AND JAILS

Under the direction of the inferior courts

170

Fines and monies arifing from tavern licenfes and eftrays, appropriated to build aadJkeej> tljenj jn repair 1 72

COUNTIES,

Boundary of, may be altered, and new ones laid out by the legiflature

24

COUNT D'ESTAING,

Twenty thoufand acres of land granted to.

244

COUNTERFEIT--See Felony

SH, 3 8t

DAMS OR BANKS,

Rapiages occafioned by, how to be afcertained

17,8

Acrofs rice grounds, when to be opened

1.79

Funded, to bear intereft
Kational .t'Vench, Dutch, and dqmeftic

DEBT,. '
.^^-

,

93 -

.

ibid

94?

DEBTORS, INSOLVENT,

to be detained after giving up their property .

'

30, 18 2.

DEBTS, OUTSTANDING, EVIDENCES OF,

be taken in and new ones iffuedin lieu thereof by the comptroller

183

e barred if not renewed in two years from the ad february, 179^

184

duty of the comptroller therein further defined

ibid

DECLARATION OF INDEPENDENCE.

638

DEEDS--See: Conveyances,

in

DEER,

'Hunters of, by re-l%ht, forfeit five pounds or Teceive thirty-njne laftgs

iS^

DEPRECIATION OF PAPER Aa adl to eftablilh a fcale of

INDEX.

.

695

Of the laws :of Georgia

DIGEST

Page 29, 190

DISTRIBUTION OF INTESTATE ESTATES,

See Executors and Adminiftrators

213

DIVORCES, ^

An aft for divorcing Andrew Maybank and,Mary his wife

'

lehabod Bulkley and Margaret his wife

92

Ik

193

IK

Walter Billingflea and Jaiie his wife

' 194

Benjamin Butler and Elizabeth his wife

195

Henry Moore M'Donald and Mary his wife

*

ibid

'

George Mathews and Margaret his wife

-. 1,96

Abner Mitchell and'Sally his wife

,

198

-7

Ignatius Gilpin and Charlotte Vincent

ibid

Relinquifhment of Not barred by mortgage

DOWER,

.

'

. -. '

I!2, tlj, 115 114



'

DRUNKENNESS--See Sabbath-day

*-'.('.

EBENEZER, TOWN OF,
Lots therein to be fold to build court-houfe, jail and academy -

4*
J54> 158

' . '". '

EFFINGHAM COUNTY

[Defined

.

Town laid out called Springfield, the feat of public buildings

3Sfew county laid out of this and Burke, called Scriven

Part of, added to Bryan

. 6, {51 ' . 158
165 172

ELBERT COUNTY

JLaid out and defined---court-houfe and jail made permanent

J 63

.. ;" ..-: <

,. ELECTIONS '



'

By the General Affembly to be by joint ballot

29

By the people to be viva voce

#9 J 99

Repealed--^to be by ballot

202

To be held at the feveral court-houfes

'

199

Of members of the legislature to be annual, by the people

ibid

Of members of congrefs, every fecond year, by the people

ibid

Of the inferior courts

.

28

Of juftices of the peace

'

.

! ibid

Of-county officers

(

^

Of receivers and collectors

SOI, aoz 544-

s <j<

Of general officers of militia

-

. .-- 2g(

Three juftices to prefide at elections, and with the flieriff prefewe order

199

Pollsat, to be kept by three clerks

'

201

Fraudulent returns of, how'to be puniflied

1.99

Freedom of, tobe preferved

ibid

Ciiril proceffes ferved on the dity of eleftioa declafed to be illegal

200

'ELECTORS,

Their qualifications and oath

J 99

',.

'

..

' EMANCIPATION^

..-,.' '

'

203 to 208

INDEX'.

ESTATES,

'.. .

Not to be entailed

Wafte of, how to be prevented

Inteftate, diftribution of

Real and perfonal, confidered the fame with regard to diftribution . '

See Executors and Adminiftrators. .

.
.12,
225: 217 zif, z 3<>6

ESTRAYS,

,

By whom and itt what manner to be taken up and pofted

-

,

To be viewed and appraifed by two freeholders; the valuation and defcription to be fent to the

clerk of the fiiperior court

ibid

Taker up to take an oath--his fees

208, 209

: To-beadvertifed, and fold in 12 months .

ibid

Juftices and clerks, their duty and fees May be put to labor, or the pofter may receive pay for keeping1

208, 299 209

Fine on perfons for negle&ing their duty herein Owners of, may receive the amount of fale, if they apply in i 2 month*

210

t

209

Superior Courts, mall fuperintend the execution of this law

310

Stud horfes running at large, may be gelded

.

, ibid-

Sale of cattle, &c. to be in the diftrjdi wherein pofted,

211

Juftices to pay to the clerk the monies received from fuch fales

ibid

Perfons felling of, for their own ufe, fubjel to endiftment

ibid

Horfes, affes and mules, to be at the court-houfe when fold

ibid

Owners may receive the amount of fale two years after fuch fale .

ibid

EVIDENCE -
In ftate courts
In caveats before the governor How to be taken in eaufes depending in other ftate$

' . '..
298' a 1 3,

EXECUTORS AND ADMINISTRATORS,

Their duty

213, 218, 220, 22?

Shall make distribution in twelve months, and a fecond one in two years

215

Shall take an oath

814, 222

Shall account annually with the register

Shall account: annually with the court of ordinary

Shall have the eftate inventoried and appraifed

213, 221

The appraifers (hall be fworn

'

214

The appraifement j not to be conclufive againft the reprefentatives

221

They mall not take eftates at the appraife value

214.

Shall receive commiffions out of the eftate

215

Shall forfeit them for neglect of duty

.

Map.fjie. for additional expences

2l6

Shall be free from fuit for 12 months

323, 295

Shall give fix weeks' notice Ijf creditors

223

Shall pay the debts due by ^e eftate> in diie ordd*

-

315, 223

An& recover thofe due to the eftate

/

'' -

215

Shall give forty days' noticd previous to any fale

214

May convey land fold by their teftator or inteftat

'

May fell real eftate, purfuant to an order of the inferior court

Chargeable in certain cafes, as executors in their own Throng

218
231253,

Adrniniftrators, muft give bond and fecurity

,

314, 222

And take an oath

,

Adminiftfator, with the will asne^ed, his oath '

Debtors made executors, and difcharged of the debt



ibid

i2b1i4d

JZxecutors may be compelled to give fecurity

321

Principal Creditors appointed, muft aft in truft for the reft

iijf

Bonds of executors, adminiftrators, and guardians, to be recorded

322

INDEX,

-.

Page

Sha|lbe chargeable with the amount of the appraifemet

214, 221

fetters of adminiftration granted to a widow, may be revoked on-her marriage . ' ....... 2.23

;Procefs'to iffue againft executors, adminiftrators and guardians, who fail to make their annual return

to the court of ordinary

225

Co-executors liable to a bill in equity '

'

'

'.

306

Caveats againft proving wills, and granting letters of adminiftration

28, 217

Wills to be proven, and letters of adminiftration to be granted by the court of ordinary

219

Perfons detaining wills, fubject to fine and imprifonment

221

See Court of Ordinary, Eitates, Orphans and Wills.

1 /,.

. ''' ' ' ; EXECUTION,

; "..;: ;.

May iffue on the fifth day after judgment

.

,,

By whom iffued, and to whom directed

.

301

May be stayed fixty days

,

306

Illegality of

30;

FEES OF PUBLIC OFFICERS,

An a& for the regulation of

226

When the public mall be accountable





232,234

Officers charging for fervices not performed, or more than legal fees, {hall forfeit fourfold, and

be difmifled from office

'...;'.

'

234

Fees due by infolvent criminals, &c. to be paid by the county

-

ibid

State fees on .fuits

.'

.

54.0

" , FELONS,

Tranfported from other places, how to be treated

234

' "

' ' ''

FELONY,

.'

TO counterfeit paper money or pafs forged bills

-t

Audited certificates, or any warrants drawn on the treafury

To counterfeit any bond, note, deed, &c. or to utter or publifli them as true

To clip gold or filver coin, for the fecond offence

To forge or pafs bafe metals as good coin

'

Perfons ppnvided of, ineligible to any office of honor or profit

" '
381
2 44> 245 Z44 245
59
245 23

FEME-SOLE, Being plaintiff, and marrying pending the action, the writ mall not abate

' . 295

FEME-COVERTS--See Hufband and Wife FENCES,

An aft to regulate.

'FERRIES, ,

Als to.eftablifh and regulate
FIRE-ARMS,
White freemen compelled to carry to places of public worfhip

.Established at Savannah.

.

At Augusta,'

FIRE-COMPANY

FOREIGNERS,
' Who lend money at interest, may take fecurjty on real estate
French citizens enabled to fettle or convey lands granted them

t , l2 ".''"
"-* 35"
7,371034-1 241
242 .ibid
,344;.

698 . .

INDEX,

FORGERY \

Defined and punifhed--See Felony

2 ..

FRAUDS

In felling bee/, pork, pitch, tar and turpentine, to be prevented and punifced

2/,

FRANKLIN COUNTY

Laid out and defined

,,, o

Jackfon county laid out of this county

j'gg

FRANKLIN STATE,

Certain engagements to be made with the people of

26 J

FREDERICA TOWN,

..

Commiffioners of, appointed--Their power and duty

GAMING,

A<Ss to prevent and puni/h

Lotteries for that purpofe to be fupprefled

Bonds, bills, &c. given to fecure gaming debts, void

Money won may be recovered back by the lofer, or any one elfe

The winner may be compelled to difcover the amount won, on oath

Thofe who win by fraud or cheating ftiall forfeit fourfold .

.

Ferfons fighting on account of gaming (hall forfeit twenty pounds and be imprifoned

Tavern-keepers fubjeft to fine for fuffering gaming in their houfes

Horfe-racers (hall forfeit one hundred pounds for each race

Forfeitures, bow recovered and applied

Competent, witnefles under this ac\

Duty and power of juttices of the peace under this aft

May break open doors

Apprentices, &c. fubject to fine and imprisonment for gaming

'." 249 ibid
250, 253 250 251 ibid
251, 254 2.5^ ibid 2J?, ibid * ibid ibid

.State of, its boundary defined Divided into three diftricls

GEORGIA,.

GLYNN COUNTY

Defined

Certain iflands added to

Court-houfe, jail and academy at Brunfwick

*d

34, 328, 584,. 672, 675 271, 292
x- , .
6, IJ2 I 3
1 59>

GOUGING--See Biting

'GOVERNMENT,
Seat of, at Louifville Departments of, to be diftinft and feparate

To be appointed by the legislature
His legislative authority His executive authority Shall appoint his fecretarics

GOVERNOR,

" ' " f 19, 129 20

26

26, 27

....

26

27

GREENECOUNTY

Laid out and defined

162

Court-houfe and jail at Greenfborongh

ibid

Hancock laid out f this and Washington county

*6"4

INDEX,
"fast of, added to Ogkthorpe, and part of Oglethorpe added to it Greenfborough eilablifhed on the univerfity land

699

Page

176

.

X 62

GUARDIANS

Appointed by the inferior court

225

Shall give bond and fecurity

ibid

Allowed a. compenfation for their fervices

226

HABEAS CORPUS, Writs of, may be granted by the fuperior or inferior courts

30, 294

HANCOCK COUNTY

Laid out

164

Courts and elections of, where to be held

ibid

HARDWICK,

Commifiloners for the town of, appointed, with power to fell lots to build court-houfe, jail

and academy in Bryan county

156, 157

HORSES,
For exportation to be tolled or avouched before a toll-mafter Stolen and fold after being tolled, how to be recovered Wild, how to be managed and difpofed of Stealing of, made felony without benefit of clergy Ferfons charged therewith not bailable

^4, ^ jg 54 356 ibid

JACKSON COUNTY

Laid out

168

Court-houfe and jail made permanent

177

Under the direction of the fuperior court
Their fees Property of prifoners liable for their fees

JAILORS,

171 229, 256
ibid

-. "

JEFFERSON COUNTY

Laid out and defined

169

Courts and elections of, to be held in Louifville

1 70

IMPEACHMENTS,
To be preferred by the Houfe of Reprefentatives and tried by the Senate - Former convictions of, annulled

14, 21, 22 30

INCORPORATION, ACTS OF--See Charters INDENTURES--See Conveyances

12*

-

n3

INDEPENDENCE,

Declaration- of

i

'

638

,

%

INDIANS,

Surveys and grants on the land of, declared void

Sales of the land of, to private perfons, void

Claims of, the right of extinguifhing veiled in the people and government

Violences of, afts to fupprefs

.

.

Afls to extinguish their claims to certain lands

Ah act for ranging the line between them and us

Th murder of, punifhable with death

.

?59> 3^6, 335 257 552
a6l> 262, 263 264, 268 / 259 258

:,

.

Planters of, to deftroy fteeped weed ,

INDEX, "
'INDIGO,
,.

_. . p

INSPECTION

> 'QF'beef, pork, pitch, tar and turpentine

. - ' ...

Of tobacco--See Tobacco

^'

'

. "'"'.' 3, A?

'

. 54.4

INTEREST, '

Of money or other thing, an aft to regulate

..

.

Not allowed on open accounts

.'...,

-.

_ . , INTERROGATORIES

JSlay iffue to witircfies refiding put of the county

-
...

* '->
.

, 2ga

IRON WORKS, GORGES AND FURNACES

Land granted for

^'

,

'

sjfg, 332

JUDICIAL POWER, ^ '
Vefted in fuperior and inferior courts

'27

JUDGES OF' THE SUPERtOR COURTS,'

Ele&ed by the General AfTembly for three years

Their oath

.

.;

Shall ride the circuits alternately

"^^^^^

Shall meet annually at Louifville on the fecond Monday in January

Shall have adequate falaries / 7

Shall grant writs of certioraiAand mandamus ,

Shall grant new trials and cort errors

Shall form'rules for the government of the courts



Adminiiler oaths and punifti contempts i

., .
,

JUDGMENTS S

Bind property from their date

'

,

By default ConfeiEon of

,

,. '

.....'. _ _ .

'JURORS,. ;; : ;.

;.

'Their qualifications

,

. "

How to be drawn and empannelled

To be fummoned by the flieriff, .

Grand jury to confift of not lefs than eighteen, nqr jnore'than tw'enty-thrte



Special jury to be taken out of the grand jury .

.

'\

Their oath



'

''

'Oath of the petit jury



'

May be fined for default or mifconduclt

'

Their fees

"

:



317

2yr

272, 308

ibid

'

-

37, 28, :^o:jJ

' . ' 27, 307

r 368

273, 293

''

380, 300

'

' 395

300

;' ^
2.77,^P^5 ,278} 303
?79> 304 364 280
280, 3071
ibid, 305
2795 ibid 230

Trial by> inviolate forever ... , :

' JURY 9
'

-

'',

'.,',: .

. 13, 17, 30'-"

JUSTICES OF THE INFERIOR OURT

To be appointed by the legislature, duriug good behaviour

:



' ;.

JUSTICES O'F THE ?E AGE

To be appointed by the inferior court

..

Shallhoid pleas in civil actions not exceeding thirty dollars

.

Appeal from their decifion to a jury of five men . '

' . , '

'

2*8

-

ibid

' 2^8, ^87

, 28:8

INDEX. '

.

..

Snail hold^tieu- courts, monthly



.'

.

May hold to bail, and grant attachments :.



Evidence in the cburts of

Shall with, a jury try the rights of property Ievje4,0rf



Jphall nofc'try actions of trefpafs

' ' j^'ay be eng'i&ed for mal-prac\ice in office

,'

'

7 pi

288 ibid ibid
ibid 309 $,.291

Of I ?9, to eftablim the titles of the inhabitants, &c.

Of 1765, for better fettling and ftrsngthening the proviiide, ^ccf.

Of 1765,, to prevent frauds and abufes in furveying lands, &c.

314

tif 1767, to empower the general court of pleas to grant writs of- partition

315

Qf 1777, for opening the land office, &c; ' Of 1777, to amend and repeal fome parts of the laft aft Qf 1780, for the more fpeedy fettling this ftate, &c.'

"

316;

318

319,

Of 1783, for opening the land office, &c.

323

..-..-Of 1784, for laying off two more counties to the weftward

330

0,f -1785, to, amend and alter fome parts of the land acts

334

:.' Of 1786, to prevent perfons furveying lands between the Alatamaha and Si, Mary'9 E-ivef, 337

f Of 1788, to ratify the convention at Beaufort with South-Carolina

ibid

Of 1794, to veft certain powers in the governor to prevent abufes in ftirveying lands

339

. >r- Of 1798, tdjireVent controverfies refpefiting the bounds of lands

ibid

Of 1799, to amend the laft act

340

Bales of, , by agents or attornies, declared to be valid

u<5

By Indians to private perfons, void

2$7

Claimed under truftees, titles thereto confirmed

309

Partition of

,

313

South-Carolina, grants of, to be audited

'-,...

3id

Lying fouth of the Alatamaha added to Georgia Frauds in furveying" of Claims to, muft be by fuit

;;

3^*

$i$, 33$

34

Office opened ' . ^

316, 323

Granted on head rights . Oath of perfons applying for' head rignts

316, 321, 323, 331, 26<j 33^

Forfeited, if the applicant is convicted of perjury bn faid oatfe

ibid

May be taken up by purchafe not exceeding one thoufand acres

,

Gold and filver to be received in payment of

Bond and mortgage to fee given by the purchaferS of

A.udited certificates to be received in payment of

323

331, 334

33*

,

329

purveyors of

.

.

Their oath^fhall give bond and fecurity

3H> 3 24> 33* 325, 326

Shall fwear their chain carriers

^

314, 326

Shall infert their Own names and the names of the chain tatHers in plats

26d

And fliallfet forth the beginning Corner

338

Surveys of, how to be executed

3 r4> 3 r 7

On the land of the Indians, declared tb be *Bifl

. 322, 326

Penalty for making fuch furreys

327^ 325, 338, 259, 260

Surveyor general of, his duty -

3!4> 3 r9> 3 2 3> 3 2 4

..Warrants, wherj and howifliied

.

To be renewed in two^yeaVs, eScep't officers and foldiers* bounties

3 2 3> 3 25 336, 338

Transferred, flot to be renewed

339

JLoft,-and plats, how to be eftablilhed

:

.

322

Grants ofj need not fie audited,-but muft be regiftered in the county, furveyor's office

336

Need not be regifterfd in the county furveyor's office

'

338

\ ' To certain widows and minors free of office fees

,'$$$

Form of

'

327

The governor to direft the form of

338

, Where two furveys are made on the fame land, and a grant obtained firft on the youngeft

, r. f*tey> the eldeft grant ftall hold the land; but the grantee {hall be ftibjeft to aa ' ' ;



'.

' . - ' ; 4 X '

-

-

' . .'

.707'

INDEX/

adion of damages to double tlie value thereof, or relinquish his right to the firft

furvey

'

336

In the territory lately ceded South of the Alatamaha, void

338

Caveats to prevent obtaining of, how to be tried

324, 333

Appeal from the caveat courts to the governor

332, 338

Granted fpr the endowment of a college or univerfity

333

For faw-mills, grift-mills and iron works

318, 322

Claims to, by Indian traders in Wilkes county, adjlifted by the legislature

' 32?

Bounties of, to officers, feamen and foldiers

3 2 3> 33 2 33&

To refugees and citizens of Georgia

334

To the State troops

- ' 26-1, 263, 264

Referved for petitioners from Virginia

,' -

33 a

Settlements on and cultivation of, before obtaining grants .

516, 323, 324, 335

^ Not neceffary

334-

Right of preference to '

,. 3 2I. 3 2f^

Former allotments of



*'

3 21

Confirmations of, when alienable

31?

Abfentees claiming of, required by proclamation to return

"^fc^J7' 3 21 ' 3 2 ^> 3 2 9

Minors, being abfentees, not to be affected by non-compliance therewith

^^l&

^id

Settlers of, invited by proclamation

3 23

Controverfies refpeding the bounds of, an ad to prevent

339, 340

A number of plats of, added to the Surveyor general's oSHce

341

LAZARETTO,
An ad for the establishment and eredion of

.

'

344

LEGISLATIVE AUTHORITY

'

Vefted in a Senate and Houfe of Reprefentatives They fliall meet annually on the firft Monday in Navember Freedom' of debate

21 ' , 201
2. 2

Members of, free from arreft in civil cafes

-

Their qualifications

Certain difqualifications

Temporary apportionment of

1 ')1" 21
22,23 .21

Not eliirible to any appointment by the legiflature

-

22

Oath of

23

Eledioa of, to be by ballot

.

202

LIBERTY COUNTY

Defined

_

Court-houfe and jail eilabliftied in Riceborough

..', 151 157.

Academy ereded--See Univerfity

..

5"7'

LI.QHT-HOUSE

On Tybee Mand, ceded by the ftate to the United States

' .344

LIMITATION OF ACTIONS--See Aaiorn

33

LINCOLN COUNTY

i.atd out and defined"

'70 .

Commiffioners of the court-houfe and jail appointed

3?6

.Lincoln, town of, laid out

554

LITERATURE AND GENIUS,

An ad to encourage

'
LOTTERIES,

For the p.arpofe-'of gaming, to be fuppreSTed

Aiithorized to raii'e money for certain purpofes

.

.

34"4

' 24'. 'S^' W'

LOUISVILLE
The'feat of government Commiffioners of, appointed, and empowered to purchafe confifcated'property

..:.'.
.

19, 129; 99 IGI

INDEX,
'Academy, cotnmiffioners of, appointed-*-See Univerfity

, '''

., .

. 703
Page 5^7

LUMBER,

An a& to regulate the admeafurement of

..'; ;

MANUFACTORY

Of cotton, lottery authorized to promo'te

345, 3/5.6 377

MARKS AND BRANDS

To be recorded in the clerk's office

'

.

347

M'lNTOSH COUNTY
Laid .out and defined Court-houfe and jail, to be built by the inferior court

. 167, 173 167

Toll to be taken at

MILLS,
,

.

363

MILITIA,

Divided into divifions, brigades, regiments, battalions and companies,

348

|i',

Additions made to certain brigades

359> 360

.

;C

_ Company officers of, elefted by the privates

349

i, ! !"

Returns of the elections of, how to be made

349, 358

';

" Field officers of, to be ekfted by the company officers

349

'Ij

' '. Their and company officers'uniform

350

(

General officers of, appointed by the legiflature

'

29, 356

|

\ May employ expreffes Officers of, how to take rank Of volunteer corps, how commiffioncd and governed

362

!,;j

3 jb, 359

I

355, 358, 361

.)'

Regimental and battalion mufters of

.'

35 1

!

Fines of officers for not attending well equipped

ibid

i;^

Tr?or mi'/iUbe1h. avi; our w1h.-i1le undJ er arms

351, 355

lt! -*

For neg.lecl of duty

'

354, 357

l~

Officers commanding regiments fhall appoint the regimental ftaff .

355

'

!=

Brigadier generals allowed an aid-de-camp

358

^

Adjutant general (hall mufter the field-officers and brigade infpe&or of each brigade annually

361

>

His compenfation

.

ibid

|

Brigade infpeftor fiiall exercife the company officers aad adjutant twice every year

ibid



And attend regimental mufters in the brigade

ibid

1

The adjutant {hall attend battalion mufters

ibid

\

Field officers may alter the boundaries of companies

362

,

''

Company officers, their duty

361

fj

Company mufters

351

f

Fines on privates for non-attendance, &c. at mufters

35O> 351

1

Non-commiffioned officers to be drawn by lot .

;

.;

jf?

'

I^iiies;'for refufiiig to aft

ibid

*

For neglecting to aGt



ibid

|

To be impofed by courts-martial

0^3

|

Warrants for collecting of, tp be executed by fergeanta

ibid

j

Appropriated

-_*.

3^7, g^a

i

Courts-martial for the trial of officers

$S4> 357

l!'

Their fentences iubiecT: to the control of the commander in chief

. TlIo ib_ e riworn

'

.

a?/i

ii

^^5J 7"

\|\

Shall keep records of their proceedings

363

I

Jperfons fubjecl to mflitia duty fhall enrol themfelves

KQ

|l

And fupply themfelves with proper arms and accoutrements

ibid

|

. Quakers exempted

'

'

.

^65 ^58

{

Furtherexemptions.

,

^^ ^g, 360, 362

;]'

The governor may order out the militia to defend the frontiers

Fines onoifioers^and foldiers who refufe to do their tour of duty

.

7:04

No perfon mall hold mors-tfean one mtlitia comto|f|sot|-

(Not to tie granted

MQ-NQPQU ES

Laid out and defined Court-houfe and jailto be at the plantation

, Loti

MORTGAGES

1*0be fecorded--See1 Conveyances

On perfonal property, how foreclosed

'',

,

*.

;<i>u real eftate, how foreelofed

tit .,..,,. .' , *$>J>

Of flaves, punimable with death Qf Indians, punimable with death1

MURDER
//

: 25$

NAVIGATION OF RIVERS.

Acts to prevent throwing ballaft, ; frut>bi% &c. into, riter*. and .navigable cresW

'Fines under faid a&s appropriated

Of Ogechee River and Briar Creek

v , ibid

ConimifliOners appointed for that purpofe , ''. :- " " ' ;

ibid

'

In Scriven county by the inferior court .



369

-

Alfo in Bullock county

,..

.^

'.

370'

May be appointed by the inferior courts in other.cdiintie$

371

^Their powers '

-.

365

X.oc|c9 to1 be built by perforts making mill dams acrofs them .

36^

jfimber maybe taken from-the adjacent lairds '

ibid

Penalty for falling ti-ees into the faid ftreams

Cqmmiffioners to gives bond and fecurityj and make yearly returns to the g<

968

Tax levied on adjacent lands

ibid

Perfons exempted from the tSJE who work on faid river and creek

37..J

Orphans not to be affe&ed by the faid tax

368

Perfons working on Bfijir Creek, exempt from Working on road*

T^pols and implements to be ufed



ibid

jiKines for fieglefting to Work

37*

'Iff Little River, ad fot: keeping it opeii, repealed as far as it refpe<ts Jofeph Ray, Ba2il

jinar and Andrew Brown's millfeats

\

37

;OI Savannah River from Peterlbur'gh to Augufta

,

.

3.7 i

A company eftablimed and incorporated, with a capital not exceeding 40,000 dollars,

3 7 *;372

Rates of toll, when the river is cleared to carry 15 hogiheads Conftitution of faid company

373

,

,

ibid

Shall continue twenty years



Of Savannah River f roni Augufta to Sdvanna'h ;

^: ; '.

374

t

"

,

ibid

i OommilTioners appointed to join commiffioners who may be appointed by South-Carolina faf-

that purpofe They fhall give bond and Fecurity

*

375.

jbid

They-ftiall appoint a collector, who mall givefetind and'fecurityj and receive j1 jef-

cent, on all monies collected by him

"

ibid

Rates of toll oft ill produce conveyed down the river

ibid

All money received by them'applied to improve the navigation of the river1

ibid

Qf Broad River, from Peterffiurgh to the fork ,

A lottery authorized to faife 0ne thoufand dollars to clear it of obftrticlibng

ibid

., One fourth of faid ftreani lo fee kept op'en , -

'

~5S*

T^he middle ftreambetv^'een Anthony's and Coleman's mills to be kept open:

ibid

Penalty for falling trees into the faid river

,

".....

jbid

The north and middle forks of the Oconee and Appalachee Rivers to be lepi op'en from tht

Rock Landing to certain places, under penalty of ; 6ne hundred dollars for each day

ibid

! A lottery authorized to improve' the navigation of the Oconee and Alsstam-ahz Rivers,; from the

fea to the Rock Landing ; ,

... .

,

.

'Commiffioners appointed to fuperintend and carry it into effeft

'

377

, Ms feS

'.... "*''' ' - V ' ' '- "' * -' -: ' --: " '

fage

. ...

-'./.-.OATH , . ;

To be adminiftered to fcnatoi-s and reprefentatives

TO the governor - *

To the judges, of the fuperior courts >

.' .

,

r

26

/_

OFFICERS, CIVIL AND MILITARY,,

'

Shalltafce an oathto fupport-the conftitution of the ftate ,

377

Before whom to be taken--penalty for neglet ^

.

ibid

3?urtber time given to take the faid oath

,

'

37*

^inte for taking the aforefaid oath further extended

"

'

379

And their official acts declared to be valid

ibid

OGLETHORPE COUNTY

Ixajid but and defined, and court-houfe and jail made permanent -

r 66

Part of Greene county added to it

:

*73

part of NGreene added to it, and part of it added to Greene

176

,

ORDINARY, COURT OF,

-Eftablifhed--its jurifdi&ion

^

KSi. to regulate their proceedings -

.



'

; .'-^' , a -

- ;

"'ORPHANS, ' . . .-,',' ' "

Th'eiretta^es protected ' '

': :

-'"*> ...f.

..M-u;.;ft be' "bound out if the profits of thePirAeftPatEesRw.illMftoEt DfuIpUpoMtt th;em '"'''.''.'".'".''

224, 226
ibid

Fifty thoufand pounds in paper bills of credit emitted

:

\. '.;..'

To be .a legal tender in all cafes



Perfons to be appointed to fign the feveral denominations of faid biUs ' :

ibid

They (hall take an oath, and be compenfated for their fervices

,

.:

The land lying between the Alatamaha, Oakmulgee and St. Mary's Rivers, pledge^ {or the re

: demption of the faid bills in four years

: .'-

;?' :'' '-"'. .. ibid

.Time for redemption extendbd'

;



38i

Felony, without benefit of clergy, to counterfeit the biEs fo emitted

,

8*

..Money due the ftate may be paid in faid bills

-

." -.

Five thdufand pounds of faid bills burnt, and the fame fui#*o be burnt annjially

Paper medium^io. longer, a tender ....''.=':-
. *.. .PARISH f ' -,:

Of Chrift Church ..

.

. ..... ...,.';

;' St. Andrew ';,':

.

:. ,

: V ; St. David

-

, .;-.'.. ,. . .

. St. George



St. James ' ' -K-- '

\



ibid

jSt. Mary : . ""

ibid

St. Matthew .St. Patrick

-152

St. Paul :

151

ibjd

St.

..

,ibid

PATROLS-- See Slaves

'. "' ''- ..\ ,-<'. - PEDLARS, ...;..:]

to fell goods, &e. without licepfe, vnder penalty of five hundred .dollar

,382

io be recovered * . ':'

: .. , . . ., '

, tJrider the care ibf the inferior- court, to be provided for by cqun,ty tax ;

' ' "VV ""'*;

POWDER-'RECE'IV'ER--"H"is

2 24,'226

Page

PRIVATE ACTS

.-

.

To -veil certain property in Chriftiana, Agnes and Elisabeth Yong.e . , ^3^

TO veft certain property in Ann Bard

ibid

To veil certain power in George Abbot Huli

.

gg^

To relieve John Ferrie and others '

ibid

To veft George Bailie with .certain powers

286

To relieve colonel Peter Purkina

.

387

To fecure to Reuben .Ooleman a traft of land, &c.

388

To relieve the heirs of Frances Maria Loys Dumoufay De la "Vavc} and the heirs ef Hyacinth,

tie Chapadelane, and Chriftoplier Poulain Dubignon,

,

ibut

To relieve John Cobbs

'

389.

To fecure to Alexander Cafwell a tra& o land-

390

To relieve Bazil Lamar

'

ibid>

. PROCLAMATION

X5f the king-'of Great-Britain of the. year 17 63

'

667

PROTESTANT DISSENTERS,

Their folemn affirmation or protellation to be valid as an oath

391

If falfe, fubjeft to the pun.iflim.ent for perjury-

ibid

PROTEST

.Of John Houflmin,. ef<j, againft the convention at Beaufort

.

'

666

QUAKERS,

Truffees of,, nominated--to be elefted every fecond year on the firft Monday in May .

Incorporated, and empowered to fell a traft; of land for their.ufe

,I',xernpt from militia duty

.

When arid how to be performed1

.rO\at UARANTINE,f

Penalty for non-compliance with the regulations prefcribed'

Perfons

on board fuch veflels fubjeft to the like fir.e.

Power of faperintendents in this refpeft

Veffels to be relieved, after performance



.

Goods, &c. brought in fuch veflels to be aired, to areventcontagtbus diforders

Pilots (hall inquire into the health of (hips' p. :-vs

-

Penalty on. mailers or captains who refufe to anfwer truly

Place and duration of quarantine at Savannah to be regulated1 by the corporation ; in other placer.

by the governor

.

The governor mail enforce thefe regulations By proclamation.

Fees of the health officer

.

Expences under this at, how to be paid

All former acl;s relative to quarantine repealed;

'

393 ibid. 356-
39* 393 ibiii .;J9<|. ibid *bid ibid 305'
-ibid ibid ibid 396 ibid

RELIGIOUS SOCIETIES

Not to.be difturbcd during divine fervice,, under penalty of five pounds or commitment to jail for

ten days 5 fines for the life of t'ae poor

396

Negroes not to aflemble for that purpofe, contrary to the patrol laws

397

REPRESENTATIVES,

Apportioned.among the refpeftive counties, according to the constitution;

ibid

REVIVAL OF LAWS, -

Afts fors

,3.9,7, 400, 401, 402, 404

RICHMOND: -OUN.T

Defined

Court-houfe and jail to be erefted in Augufta:

'

Columbia county taken off



6, jyr 163: ibid

ROADS AND BRIDGES, ...

Under t!ie dfreftion of the inferior courts

.

May be altered, difcontinucdj. or new ones laid, bj; the faidcojjrts

, 405: .

.-.-*-

INDEX.

707
Page

iPcrfons aggrieved by laying out new roads, may be redreffed

406

Shall be twenty feet wide, flumps, and other obftruftions removed1 _ _

ibid

The width and manner of clearing crofs roads, to be prefcribed by laid courts

410

Caufeways and bridges over final! ftrearns to be fixtecn feet wide

406

What perforis liable to work on roads

4"> 4 IQ

Shall be divided into diftrifts

4 6

Overfeers to be appointed, who fliall take an oath

ibid

1 Oath unneceffary

'

49

Penalty on overfeers for negleft of duty

47

Fines on perfons forrefufing or neglecting, to work on roads

ibid

Appropriated'

5 "^

"in what manner roads may be altered for private convenience

-

ibiu

Penalty for obltru&ing or Hopping up roads

How recovered and applied

Inhabitants of M'lntofh, Glynn and Caraden, liable to work on the Riceborough road

All bridges erefted by the public, to be deemed public bridges

jbii

Inferior courts may ereft new ones, to be kept .in repair not lefs than five, nor more than feveri years ibid

They /hall appoint commiflloners, who fhall be fworn and fliall give twenty days' notice before they

let any bridge

ibid

They fliall give notice when bridges are out of repair, and repair them, if not done by the under-

.. takers, and iffue executions againft the undertakers, for the expence of repairs, unlefs paid

ibid

If they'become undertakers, others muft be appointed in their place

ibid

Bridges over ftreams dividing counties, to be built at their joint expeiice

ibid

Road from Louifville to Savannah eftablimed

45

Commiflioners of, appointed to open the fame

ibid

From Louifville to Wafhington in Wilkes county

,

ibid

From Columbia court-houfe to the Chickafaw bridge

405

SABBATH-DAY

To be kept holy, and rto work to be done thereon, nor goods, &c. fold, or banting,, (hooting, oi'

other paftimes to be permitted

4 IQ

.Public houfes-to be kept (hut ,

41 J

Conftables may examine taverns, and enter By force, if denied admittance

ibid

Juftices may apprehend offenders, and feize their goods, &c.

ibid

No writs, warrants, 8tc. of'a civil nature, to be ferved on that day

412

. Perfons fued, in the execution of this aft, may plead the general iffue



ibid

If the plaintiff be caft, or non-fuit, he (hall pay treble coft

ibid

Thisaft to-be.read fourtirnesayear by minifters

ibid

St. MARY'S, TOWN OF,.,

Eftabliflied in Camden county-

Gommiffioners of, appointed

'

O'f pilotage appointed

Vendue mafter for the town, to be appointed

Commiflioners of, authorized to pafs laws for its government:

16-1
ibid 592
5-7> 57 2 1-26

SAVANNA-tl

Towh common afcertained i

Gommiffioners of, appointed

Certain lofs fet apart for public ufes

Commiffioners- autiioriz'ed to exchange fifteen acres for four garden lot's

Empowered to exchange a part of the town common with William Simpfoiv

Flan of the town eifcibliflied .

Incorporated and'divided into feven diftri&s, each to choofe a warden

'i'fce wardens- fliall choofe a prefident

And make all laws, &c. for the regulation of the town

'

Maylay afleffments, and publifh their expenditures monthly

Shall'afcertain the boundary of certain lots, and record them-

^jhall regulate the public docks, and aft as juftices

Styled a. city under the government of a-mayor andv aldermen



Mayor-and aldermen eletled annually, on the firft montlay in Marcl)'

117 ibidibid 118
120 321 ibid ibid ibidx*2 ' j'bicl ibid 123-
jtidi

708

INDEX:,

Health officei- ap.ppmtedTor the port of .

Limits of the corporation defined

-

Number of aldermen increafed

Mayor and aldermen, their jurifdiftion in civil cafes

,,

Shall draw and empannel j.urors .

Shall be a court of record, and governed, by judiciary a&e

Ele&ors of aldermen, their qualifications

,..,..

Managers to prefide at ele&ions, to be appointed .by the mayor and aldermen" The jurifdidtion of the mayor and aldermen extended to one. hundred dollars

L/aid out and defined

SCRIVEN COUNTY -

Court and jail to be in the center of the county
Jackfonborough laid out, and made the feat of the public buildin"g?

ibid ibid 124 ibid
125) 1.40
ibid 127
174 W

Great feal of Georgia to be made of filver ; its devics

413

The governor (hall contract for the making of,

ibid

The old feal (hall be broken

.

ibid

The new one fan&ioned

.

.

.

.;

414

Shall be affixed to grants figned, but riot fealed, during the exigence of the old feal

ibid

SEAMEN AND MARINERS,

Not to abfent themfelves from their veflels

.

ibid

May be apprehended and committed to jail by juftices

,"

ibid

Expences attending fuch apprehenfion, &c. to be paid out of their wages :

Not to be trufted over five pounds, nor harbored under penalty of forty (hillings per day,

ibi<J

Nor to be furnifhed by tavern keepers with more than one (hilling and fixpence perd^y. nor be

entertained by them after nine oclock at night

Mailers, &c. of veflels to give certificates to feamen on completion of their contracts

Two juftices may grant fuch certificates, if denied by mafteni,~&c.





Mafters, hiring feamen without fuch certificates, (hall forfeit ten pounds

And ferrymen tranfporting them (hall forfeit five pounds

Fines under this aft, how recovered and applied

ibid ibid 416 ibid ibid
jbid

SERVANTS, NOT^SLAVESj

Cpntrafts, made with them in foreign countries, valid in this,

For further fervice? Under what reftriftions to be made - -

ibid

JIow to be clothed and fed

ibid

May be transferred by affignment

418

Not to become chargeable on the public

.

ibid

To be well clothed when difcharged from fervice

.

. .\

ibid

SLAVES AND PATROLS,

,-Certain defcription of perfons declared to be (laves

.

May have guardians appointed to fue for their freedom

Defendant mufl produce the ward of the plaintiff

-

Slaves made fubjecT: to patrol laws

Captains of militia to divide their companies into patrol divifions

.

Perfons liable to patrol duty

.

Captains, &c. (hall forfeit five pounds, for neglect of duty Shall fet up copies of patrol divifions at public places

Shall prick off, not exceeding ten perfons for patrols, -ever/ mufter

May hire- fubftitutes at ten (hillings per night



And recover the money of the defaulter, by warrant under his hand

Patrols in Savannah particularly regulated

.

Certain perfons exempted therein --..-. ,| Captains of -patrols, how- appointed, (liall forfeit twenty (hillings for refufmg to a&

May fine defaulters, not exceeding ten millings

-.

ls" to be armed, under penalty of ten (hillings, and be obedient to officers

Shall ride one night in fourteen, and correft flaves

426

ibid.

.

427.

" 419

ibid

419, 420

419

ibid ibid 421 ibjd 421, 425 4i.J 422. ibid ibid

: ,,

, INDEX, "

Shall be liable to forfeit five Shillings' for unreafonajale abufe, ami further penalties tot

maiming and difmembering of flaves

-

'422

Shall fearch for offenfive weapons

.

423, 425

Getting dilink, fhall forfeit five pounds

42 3

Sergeants may be fined forty (hillings for neglect of duty

422

Their fees for fervic,es under"this aft

"

ibid

Field officers fhall fuperintend the execution of this aft

i 11 42 3

Perfons fued, for executing this aft, may plead the general iflue!

ibid

Evidence admiffible againft fueh offenflers

- '

,,

43^

Penalty on perfons felling beer, &c. to flares

435

On owners permitting flaves to work out without tickets

43^

On perfons giving tickets without fhe confent of pwners

42?

On perfons beating flaves, in their matter's fervice

ibid

On owners for concealment of flaves charged with a capital crime

43*

On perfona for harboring run awiy flaves

435

On perfons working flaves on the fabbath-day

43^

On perfons not keeping a white perfon on their plantation^

ibid

JSlaves,-not to carry fire arms

-.

4*4> 43 2

Nightly diforders and riots of, how to be prevented and puniflied ,

, 425

May be killed if they refill being taken and examined

42 7

Meetings of, _ to be difp'e'rfed

,

, 97,428

Three juftices and feven freeholders form a court for the trial of>



429

Who have diJcMionary powers, in all cafes not capital

ibid

Oath to be taken by the jury on the trial of,

ibid

Evidence admiffible on the trial of flaves, and free negrtjeii

430,431

Certain offences of, declared to be felony

>

430

felony for them to poi'fon, or be aceefiary thereto

...

.

''bid

,

For one flave to teach another to poifon

"

.

43 r

For ftriking a white perfon for the fecond offeticti

-

433

Slaves to be rewarded who Inform againft poifoners

43

Punifhable for giving falfe information

'

, 43 *

Corporeal punifhment to be inflifted on flaves who adminifter medicine, &c>

ibi'd

Slaves exec\ited by law, not paid for by the public

,

44 2

Expences incurred in the trial of flaves, by whom to be paid

ibid

Gonftables to execute all fentences on flaves

' .,

.

43 2

Run away flaves, to be feot to the workhoufe, or delivered to a conftable

433

They fhall be fupplied by their owners

ibid

fees of conftables, and mailer of the workhoufe

.: 434

Penalty for their negieft of duty

.

ibid

Twopence per mile allowed perfons carrying flaves to their owners or the workhotife

ibid

Perfons maimed in executing this ad}, to be rewarded by the public

435

Goods, &c. of. negroes liable to be feized "

43^

, To be reftored to the owner if ftolen

437

Slaves'to be whipped if found abro.ad without tickets or at home with arms

ibid

Nor fhall they rent or leafe any houfe

, 43 ^

Men flaves exceeding feven fliill not travel on the highway without a white maft

' ibid

Felony to fteal or inveigle flaves

ibid

Fines, &c. uftder this a&.iiow recovered and afrplied

439

Perfons fued for executing this aft may plead the general iffue

ibid

Slaves not to be imported into this ftate

Jo, 440

JSfor brought from other parts of the United Stateb

.

44

The murder of flaves punifhable with death

4^> 443

Free" negroes, &c. coming into -thi! ftate, hoV/to be treated

, 442

. Endiftments therefor to to be laid contrary to the Conftitution, &Ci

443

.Secretary of ftate, his fees. -.-'-.



22 7

Secretaries of the executive departmentj how appointed

. ' 27

Their fees

'

S??. 3-34

4Z

.

.

-.".

yio

' ' INDEX,

SHERIFFS
Appointed by the people Shall give bond and fecurity, and take an oath Shall not be eligible to the office more than two years out of four
Shall not a& as attorney Sales by them to be on the firft Tuefday in every month Shall be fubjeft to attachment or adtion, for neglect of duty Their fees in civil and criminal cafes

Page

35

29, 201

'.

306

37

306

228

STAGE "CARRIAGES,

Exclufive right to run a ftage ten years from Augufta to Savannah, granted to Nathaniel Twin

ing, Thomas Daviea and Jofeph Grant

444-

A<3: in favor of Thompfon and M'Call, repealed

ibid

STATE FEES

On grants, may be paid in paper medium

227

On fuits at law

545

SUNBURY,

Commiffioners of the town of, appointed with power to choofe a cleric, and make laws and re

gulations for its government

128

To be chofen every third year, on the fecond Monday in January ibid

They may make affeflments for the ufe of the faid town

ibid

They mall be juftices of the peace, ex-officio

ibid

SPRINGFIELD

Town of, laid out and declared to be the feat of the public buildings in tlie county of Effingham 159

Commiffioners of, appointed with power to fell the court-houfe in Ebenezer

ibid

SWEARING, To be punifhed by fine of five (hillings, if an officer, and two Shillings and fixpence, if a private perfon 256

TAR, PITCH, TURPENTINE, fcfc.

InfpeSion of, eftablifhed

7,45

TAVERN LICENSES,

^

To be granted by the inferior courts, and tavern rates eftabliflied

445

Except in corporate towns

446

Tavern keepers fiiall give bond and fecurity

445

' Penalty on perfons retailing without licenfe

ibid

Money arifiug from tavern licenfes, fines, eftrays, &c. applied to build court-hovxfe, jai! and bridges,*

cmd to keep them in repair

446

TAX.

Aft of 1783

447

of 1785-

452

of 1786

459

of 1787

466

of 1788

473

of 1790

480

of 1791

487

of 1792

49

of !7 93

499

of 1794.

501

of 1795

53

of '796

505

of 1797

515

of 1798

526

of 1799

528

INDEX,

'

of 1799-for the fupport of government for 1800 of 1800 for the fupport of government for 1801

711
Pag,
530 541

TOBACCO^

Infpe&ion of, not to fell tobacco, unlefs what is raifed on their plantations under penalty of

and difmiffion from office} how recovered and applied

Not to be exported without infpeAion at a public warehoufe

545

Collectors of cuftoms, to adminifter an oath to matters of veflels

ibid

Matters, &c. of vefiels (hall deliver of tobacco (hipped, to the collector

ibid

Shall forfeit $oo. and 2o- per hogfliead for cauling any other perlon to take the oath ibid

Storage of

_

Proprietors of warehoufes, to keep them in good repair

546, 557 551

Shall provide weights and fcales

546

The judges of the inferior court, (hall examine the ftate of warehoufes

551

Shall regulate fcales and weights annually

55 J > 555

Shall appoint infpeftors, at the warehoufes in the county

546

May diftnifs infpefters on complaint or continue them

ibid

Ce'rtaiti counties empowered to recommend infpeftors

' 553

The governor (hall appoint, if the inferior court does not

547

Plow to be appointed in Richmond county

ibid

Infpeftors mall give bond and fecurity and take an oath

547> 55

When, and how Iqng they mall attend as infpetors

r

547

Their duty

' ..

ibid

Tobacco notes (hall be printed; form thereof

548

Size and weight of hogflieads

ibid

Hogfheads (hall be well hooped, coopered and branded

551

Infpeclors (hall kfeep hands to flow away tobacco

548

May employ them in coopering

556

Shall burn refufe tobacco under penalty of fifty pounds

548

Shall give receipts for transfer tobacco, form thereof

^49

Shall receive no additional fees

ibid

Shall fuffer no fires near the warehoufe



ibid

Shall be adjudged felons for iifuing receipts for tobacco not received

ibid

Shall prize and deliver the transfer tobacco And receive two (hillings per hogfliead for infpfvStion Allowance to pickers--their oath -

550 - ibid
i'5 2

Coopers' fees--penalty for overcharging

ibid

Trlis fees .

TREASURER,

TREASON
Defined by the conftitution of the United States

230, 234 656, 657

,

.TREATIES

With the Cherokee and Creek Indians,<-at Augufb in 1773

With the Cherokees, at Attgufta in 1783

With the Creeks, at Angufta in 1783

At Galphiti^ton in 17 8.5

.

With the Cherokees, at Hopewell in 1785

With the. Choftaws, at Hopewcll in 1786

With the Chickafaws, at Hopev/etyin 1786

'With the Creeks, at Shoulderbo'ne in 1786

. At New-York-in 179^

With the Cherokees, at Holdon.in 1791

At Philadelphia in 1794

With the Creeks, at Colerain. in 1796

,

With his Britannic majeity in 1783

' 601 60^ 60^ 607 609 612 615 6i8 6 22
' 626 630 632 6^3.

7. a

INDEX.

Page

With the king of Spain in 1795

.

.

-678

UNIVERSITY OF GEORGIA.

Truftees nominated

560, 5^3

Board of viators defined

ibid

- The two boards united, ftyled " The Senates' Academicus'*

560

Incorporated

561

All public fchools, confidered as members of the univerfity

562

Forty thoUfiuid acres of lund granted to the truftees for its ufe

333

The Senatus Academicus iliall meet annually at the univerfity

561

Shall pafs all laws, &c. neceffary for its government

ibid

Shall appoint a prefident of the univerfity

ibid

And fupcrintend the literature of the ilate

562

The board of trufteea mall manage the property and funds, belonging to the univerfity

561

Shall fill vacancies in their board, and appoint its officers

ibid

Shall regulate the courfe of public lludy, and fix falaries

ibid

Shall with the prefident, confer honors, degrees, &c.

j6/5

And (hall recommend public rneafures to the legiflature

ibid

All the officers of the univerfity (hall be of the chriftian religion

561

Shall take the oath of allegiance, and oath of office

ibid

Shall be, together with the ftudents, exempt from militia duty

562

Religious fentiment, to exclude no perfon from the advantage of education

. ibid

BETHESD A COLLEGE,

Or Orphan Houfe eftat'e, vefted in Selina, a coimtefs dowager of Huntingdon

56*4

After her death, vefted in thirteen truftees, who are declared to be a body corporate

Truftees nominated, who fhall account annually with the governor

ACADEMY
Eftabliflied in Chatham county' All vacant land in faid county not exceeding 5000 acres, referved for its u/e
Truftees nominated Shall receive 400^". from Zuberbuhler's eftate, in lieu of all claims thereof
Jiibabliftied in Sunbury, in the county of Liberty Commiffioners appointed, and authorized to fell confiscated property
Shall give bond andfecurity to the governor
."Eftablifhed in Louifville, in the county of Jefferfon Commiffioners appointed, with pov/er to fell certain lots
May purchafe 1000^. worth of confifcated property
Shall ereit an academy
And account yearly with the governor

VAGABONDS.

What pcrfons mall be deemed vagabonds ,

.

May be compelled to give bond andfecurity to labor, or committed to jaij

ibid

May be bound out by the fupcrior court, or whipped, or inlifted

ibid

Criminals fleeing from other Hates, adjudged vagabonds



57

VENDUES,

Vendue mailers at Savannah, Augufta, Sttnlsury, St. Mary's, &c. Shall give bond and fecurity, and mall account with the treafure*

Penalty for failure therein "

On other perfons, felling .within two miles of thofe places

Not hinder fales by executors, or adminiftrators



They mail not fell out of their diftrifts-^-theiy eompenfatios

Mbnies, how recovered from them

51> 51 ? 2 57
_

INDEX,

Page

Vendlue matters, (may fee appointed by t!b wpdJ-atlon of Savannah.

57 2

By, in the inferior courts in other places

ibid

WALDBURGER, BARTHOLOMEW AND JACOB.
The eftate of Bartholomew Zuberbuhler, vetted inthem and their fifter Henrietta Ho/kins

WAREHOUSES,

For the reception of Tobacco, eftabK/hed at Atigufla, at Arrington's, at New-Savannah, at Hard.

wick, at the mouth of Ogechee, at Louifville, at George Town, at Galphington, at Lexington,

at the,.Rock Landing, at Mount Pelie, at Greenfborougb, at the town of Washington, at the

mouth of Broad River, at Sweet Water iron-works, at Paces Ferry

546

At Savannah, at Sparta

At Peterfburg

,

At Lightwood Log Creek

At Cold Water

553 553, 554
555 ibid

At the mouth of Broad River, on Thomas Walton's land; in Richmond county, on the land of

Ezekiel Harris

556

At the White Bluff on the Oconee River

557

On Reuben Eatton's land, in Elbert county; on James Hughes' land, in Lincoln county; at

^Darien, on John M'lntofli's land; at the Long Bluff, in Washington county

In Elbert county, on Webb's land; on Wi'lhite's land

559

Jn Oglethorpe, on John Griffith'? land

ibid

WARREN COUNTY

Laid out and defined

166

Public buildings made permanent

- WASHINGTON COUNTY

Laid out and defined

330

Commiffioners of court-houfe and jail appointed

157

Public buildings to be at Sanderfville .

170

'"' .

WASHINGTON, TOWN OF

Laid out, and Commiffioners'appointed - .

And authorized to fell the town common to fupport an academy

14*

WAYNESBOROUGH
JLaid out in the county of Burke

'..'.-

WESTERN TERRITORY

Sale of, to certain companies, declared to be unconftitutional and corrupt, and ordered to be

expunged from the pu lie records, and burnt Other documents relative thereto, expunged and burnt

5 7 8, 579
5-81

The faid corrupt and .unconftitutional afts, grants, &c. .under it not asltniffible. as evidence .to

eftablifh title to ahy part of faid territory

579

Money paid into the treasury on acp.ount thereof, not to l?e confideredas part of the public funds

of the ftate, nor entered on the treasurer's books

,

35,

May be drawn out, by producing certain vouchers

57.9

May be drawn by agents or attornies, by taking an oata and producing certain papers

and vouchers



582

Attornies, executors. &c. need not take the oaih refpoSing papers

58?

Citizens' rights or treafuty receipts entitle the holders to draw

ibid

The governor fhall draw warrants en the treafurer in their favpr

5'80,

5A

Abraham Baldwin, James Jones and, Benjamin. 5'aliafewf9,,WjpoweSedtO,fiell'|jgi:|: o|*
fejii Territory to the United States, on.certiiin ep^ditions '-.-.;. '/<: . -\^-fr. '-;.. -^:Vv^ The fame perfons, with James Jackfon, ^mcftwei-ed-tpfell pertain parts of the faidt
the* \Jnite4 States^ on fucK conditions as, ipalVappear tottferii to helienefiqial-tp.byili p"a

Rates of wharfage ; '..;,"'' .-"' ;.; -' .'"'*..'

''

Veffels lyirig^jth^port of 'Savannah, how to be moored V

HSrioDr, matters to iiipenntend the fame

: ;- . ;

\- i ^all-enipioy per|bns; tp taife^ables of, veflels lying improperly;.

t , Shall;ini(pe(St' wharfs, and ^eqide! difputes between mafterf and

; ; Ajid^prevent ballafts 'ap'd rubbifh frotn beingthrown into rivers, &e,

, Shall examine and regulate public landings,' andbefworn \

'.-; 'His fees

.' -: ' ' .' .' : ,'"-. -. '',':. ';' -. '"' .' .-,.

Finea, &c. how recovered and applied'

; :, ' , -

Eerfpns fued in the execution of this aft, may plead the. ggngrgl.iiliipy . . .^

Scales, weights and meafures to be regulated by the clerk bif the market

Perfons haivihg falfe weights, &c. to -forfeit ten pounds

V

Wharfingers to be fworn

'

;' .

|

Commiflioners of pilotage appointed for different ports

C

Vacancies, to be filled by .the governor

Shall appoint and licenfe pilots



Shall decide difputes between pilots and captains of veflels

May remove pilots from office

\ And fix the rates of pilotage

^

Pilots fliall give Jjond and feciirity, and1 take ari oath -.-,, ;

'

Shall be anfwerable for damages happening through neglecVor want?of

To be recovered in courts of recoi-d, if under pnie:hundre4 ^pllars

Who bring a veffel in mall conduct it ^C'^l^o^! .^ -,'

Shall moor, the veflels

'-'':' '''.''^'^'^SjgS'Jy'^' ''" '.

-, : ,

May pilot to another .port ':'..;. ,V/^--|3fi^tlJ/K j ,' M-* " ' '

'

'.'.'.

Mafters, &c. of veffels, refufing to take a^ilot^^a^d^'^Sallpay the ufualrates pf pilotage

Shall give feciirjt^vltjr Jlh^l^tward rates

Perfons fued for the execution of 4;hiS|e^^ay^

-"Fines appropriated '

. ".'. '"'', '''':.:' ''^. :'-''.'':. ../.i'VV'^,':'. >T'> .' - ..''..' ' '.'.:

Defined

WILKES COUNTY

WHITE BLUFF
Congregation empowered to fell certain lands for its ufe

WILLIAMSBURGs
Town of, laid out in the county, of Glynn Cpmmiflioners appointed for the town--Their'-power and duty

''' ' :; : . : WILLS :AND TESTAMENTS,

Puijilhment for detaining of ShaU be proven in the court of ordinary

-

-

Free frorh arjsgfctn civil cafes ..-

WITNESSES-

:,

,

WORKHOUSE

, FpfthieiC^ffipdy of- negroes '

:<?ptniiiffi0;ji&8 appointed, with power to nominate a matter thereof

9*''
ibid
.
594 .ibid
ibid 595 ibid ibid'
. 596
ibid ibid
6s
596 ibid:

.

:;->,."'. .,? <- ;: - ,. ..' - v;:,y

jle iti^y eipploy^iiegroes in jfaid houfe,; or whip 6 iron thehot . ;

-thereof appropriated ' " '

tigitive fla^s Aall be fent.,to t,heir Jnafters or to theworkhouie

:.^:f-: :; : '.;- .'"'.' -'. WRIGHTSEOROUGH, '". .-, '''' '

.'" K '/'-' -'','''' '"'"'' "'/.'

''.',

. '

' ;

on of, afcertained;and confirmed!

. -' ,i -

ners, appointed, with power to fell 150 aCre lots

e comnion for five years

- .'', '--J''.--?' ':.

> "

srifiiig.therefrora applied t<S fiipport a (eminary of learning

ytftjall lay; a ftatenjent of receipts and expenditures feefore the grand jury

CoftimiJfioners to be ele&ed biennially) on the feeend Monday in May,

.'

WRIGHT, SIR JAMES, '

His coramiffion as governor ef the .jfete^f Georgia

Page
ibid ibidi -ibid ibid
ibid ibid -ibid ibid ibid
67*'