Acts of the General Assembly of the State of Georgia Georgia Law, Georgia Georgia. Acts and resolutions of the General Assembly of the State of Georgia MILLEDGEVILLE: 18071100 English

Page 1

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, ASSED AT MILLEDGEVILLE, IN NOVEMBER AND DECEMBER, MDCCCVII. 1807. 18071100 18071200 MILLEDGEVILLE: PRINTED BY ALEXANDER M'MILLAN, 1807.

Page 2

[Illegible Text] OF CONTENTS. An act to lay out and identify six new counties, c. (3) An act to organize the new counties (8) An act to incorporate Milledgeville c. (11) An act to add part of the counties of Washington Hancock, to Baldwin, (15) An act to provide for arming the militia (16) An act to quiet the claim of Gen. Clark (20) An act to define the several divisions of the militia of Georgia (22) An act to repeal the act for adjusting claims against the Creek nation (24) An act for the better regulation of free negroes (25) An act to authorize Thaddeus Holt to erect a bridge (27) An act to punish persons making fraudulent returns (29) An act to appropriate monies for 1808 (32) An act to incorporate the Planters' Bank (36) An act to add part of Greene to Clark (47) An act to alter the name of Kitty Ann Edwards Caldwell (48) An act to sell Marbury and Crawford's Digest (49) An act to authorize Charles Goodwin Richard Gantt and Edmund Bacon, to plead (51) An act to secure the probate of wills (52) An act to keep open the main channel of Tugalo river (54) An act to alter and amend the road laws, so far as respects the counties of Chatham and Essingham (57) An act for the relief of John Cormick. (60) An act to change the name of Oglethorpe Academy (62) An act to limit the jurisdiction of the Mayor's court in the city of Savannah (65) An act to quiet the claim of William Wallace and Ann his wife (67) An act to authorise the judges of the inferior court of Greene county to levy an extra tax (68) An act to authorise the commissioners of Milledgeville, to lay out lots not exceeding twenty acres each (69) An act to raise a tax for the support of government for the year 1808 (71) An act regulating roads in Burke, Jefferson, Richmond, Greene and Morgan counties. (75) An act for vesting powers in commissioners of pilorage (82) An act to regulate the village of Carnesville (83) An act to suspend the operation of the laws of this state over Wofford's settlement (86) An act to amend an act so far as respects the county of Glynn (87) An act to dispose of the late state house, (89) An act to amend an act to regulate the town of Lexington (90) An act to authorise certain commissioners therein named, to run and plainly mark a line between the counties of Elbert and Franklin (91) An act to alter and amend the 10th section of the 3d article of the constitution (93) An act to amend an act to incorporate the town of Saint Mary's (95) An act to compel the clerks to keep their offices at the court house of their respective counties (98) An act to amend an act, to relieve certain fortunate drawers (99) An act to incorporate the Presbyterian church of the city of Savannah (100) An act for the better securing to the heirs of John Cobb, deceased, a certain tract of land (101) An act to amend an act entitled An act to authorise the justices of the Inferior court of Columbia county, to lay an extra tax (103) An act to [Illegible Text] and separate William Harding and Mary, his wife (104) An act to revise, amend and consolidate the several Militia laws of this state (105) An act to authorize the justices of the inferior court of Elbert, to lay an extra tax (138) An act to authorize the justices of the inferior court of Hancock, to lay an extra tax (140) An act to change the name of [Illegible Text] Austin Dantel (141) An act to authorize a lottery, c. [Illegible Text]

Page (3)

ACTS OF THE STATE OF GEORGIA, PASSED IN 1807. AN ACT To lay out and identify, six new counties out of the counties of Baldwin and Wilkinson. SEC. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That from immediately after the passage of this act, Baldwin and Wilkinson counties shall be divided as herein after pointed out viz: Beginning on the Oconee river where the line dividing the third and fourth districts of Baldwin county, leaves said river, running fourth seventy-seven degrees thirty minutes west to Little River; thence up said river to the Indian boundary line, thence

Page (4)

with the said Indian boundary line to the Appalachee river, thence down the same to its junction with the Oconee, thence down the same to the beginning; which tract or parcel of land so bounded and described, shall form a new County, to be called and known by the name of Morgan. SEC. 2. And be it further enacted by the authority aforesaid, That all that tract of country herein after pointed out, beginning at Little Creek, where the County of Morgan intersects the same, running south two degrees thirty minutes west to the main [Illegible Text] of Cedar creek; thence south seventy-eight degrees thirty minutes west to the Ocmulgee river; thence up the same to the mouth of the Ulcosahachee, up said river to where the Indian temporary boundary line leaves the same; thence along said line to Little River; thence down said river to the beginning, shall form one other new County, to be called and known by the name of Randolph. SEC. 3. And be it further enacted by the authority aforesaid, That all that tract or parcel of land herein after pointed out, beginning on the Ocmulgee river, at the low

Page (5)

corner of a tract of country, reserved for a trading establishment, by a treaty concluded at the city of Washington, on the fourteenth day of November, one thousand eight hundred and five, running north fifty-six degrees east to Commissioners creek; thence north fifteen degrees west to Cedar creek; thence up the same to the corner of Randolph county; thence along the line of the same to the Ocmulgee river; thence down the same to the beginning, shall form a new County, to be called and known by the name of Jones. SEC. 4. And be it further enacted by the authority aforesaid, That all that tract of land herein after pointed out, that is to say, beginning at the mouth of Little River, and running up said river to the mouth of Cedar creek; thence up said creek to the corner of Randolph county, and thence with Randolph county line to the corner of Morgan county; thence along Morgan county line to the Oconee river; thence down said river to the beginning, shall form one other new County, which shall be called and known by the name of Putnam. SEC. 5. And be it further enacted by the authority aforesaid, That all that tract or parcel of land herein after pointed our, long and being in the county of Wilkinson, beginning

Page (6)

at the mouth of Big Sandy Creek, on the Oconce river, running south sixty degrees west to the Ocmulgee river; thence down the meanders of the same to the upper corner of the fourteenth district on said river; thence north sixty degrees cast to the Oconee river; thence up the same to the beginning, shall form one other new County, to be called and known by the name of Laurens. SEC. 6. And be it further enacted by the authority aforesaid, That all that tract or parcel of land herein after pointed out, beginning on the Ocmulgee on the corner of the county of Laurens, running down the meanders of the said river to its junction with the Oconee river, up the meanders of the last mentioned river, to the point where Laurens county strikes the same; thence along Laurens county line to the beginning, shall also form one other new County, to be called and known by the name of Telfair. SEC. 7. And be it further enacted by the authority aforesaid, That all that tract or parcel of land, lying within the limits of the aforesaid counties, and south of the county of Jones, shall be annexed to and become a part of the county of Wilkinson. SEC. 8. And be it further enacted by the authority aforesaid, That all that tract of country, lying north of a line beginning where Commissioners creek crosses Wilkinson county line, running north sixty-five degrees east

Page (7)

to the Oconee river; thence up said river to Baldwin county line, shall be attached to, and is hereby made a part of Baldwin county. SEC. 9. And be it further enacted by the authority aforesaid, That all justices and other officers that may be residing within the aforesaid new counties, shall continue in office, and that the courts and other public [Illegible Text] shall be held and transacted in the county of Morgan, at the house of Fields Kennedy; in the county of Randolph, at the house of John Towns; in the county of Jones, at the house of William Jones; in the county of [Illegible Text], at the State-House, in the town of Milledgeville; in the county of Putnam, at the house of George Hill; in the county of Laurens, at the house of Peter Thomas; in the county of Telfair, at the house of Jeffe Bird, and in the county of Wilkinson, at the house of Willis Anderson. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. ASSENTED TO 10th December, 1807.

Page (8)

AN ACT To organize the counties lying between the rivers Oconee and Ocmulgee, and to form a judicial circuit. SEC. 1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the counties of Greene, Morgan, Randolph, Putnam, Jones, Baldwin, Wilkinson, Laurens and Telsair, shall form one other Circuit, to be called and known by the name of the Ocmulgee Circuit. SEC. 2. And be it further enacted by the authority aforesaid, That the judges of the superior courts, or one of them shall hold the said courts in each county, twice in every year, at the respective times and in manner following, to wit: on the fourth Monday in February and August, in Putnam;on the first Monday in March and September, in Greene;on the second Monday in March and September, in Morgan;on the third Monday in March and September, in Randolph;on the first Monday in April and October, in Jones;on the second Monday in April and October, in Baldwin;on the third Monday in April and October, in Wilkinson;on the fourth Monday in April and October, in

Page (9)

Laurens;and on the first Monday in May and November, in Telfair. SEC. 3. And be it further enacted by the authority aforesaid, That the inferior courts of said circuit in the counties aforesaid, shall be held twice every year, at the respective times, and in manner following, to wit: on the second Monday in June and December, in Putnam;on the third Monday in June and December, in Greene;on the fourth Monday in June and December, in Morgan;on the first Monday in July and January, in Randolph;on the second Monday in July and January, in Jones;on the third Monday in July and January, in Baldwin;on the fourth Monday in July and January, in Wilkinson;on the first Monday in August and February, in Laurens;and on the second Monday in August and February, in Telfair. SEC. 4. And be it further enacted by the authority aforesaid, That an election shall be held in the counties of Randolph, Morgan, Jones, Putnam, Laurens and Telfair, on the first Monday in January, next, for a clerk of the superior and Inferior courts, sheriff, coroner and surveyor, for each respective county, at the places appointed for holding courts in the said counties, and that all free male white persons, resident in said counties, at the time of so holding the election, who have attained to the age of twenty-one years, shall, and they are hereby entitled to give their votes for said officers;

Page (10)

and the said sheriffs, coroners and county surveyors, so elected, shall continue in office until the next general election for county officers throughout the State; any thing contained in an act entitled, an act to lay out and identify six new counties, out of the counties of Baldwin and Wilkinson, to the contrary notwithstanding. SEC. 5. And be it further enacted, That the clerks of Baldwin and Wilkinson, sheriffs, coroners and other officers, shall, and they are hereby required to transmit all papers relative to any case now pending, and undecided, in the said counties of Baldwin and Wilkinson, to the clerks, sheriffs and other officers, in the respective counties, in which the defendants reside, as fully and as amply as before them remain; closely sealed up, and directed to the respective officers in whose care and charge they should be placed. SEC. 6. And be it further enacted, That the justices of the inferior courts, of the said several counties, shall on the first Monday in February, next, make a selection from among the persons liable to serve as grand and [Illegible Text] jurors, agreeably to an act for the better selecting grand petit jurors, and that on the said first Monday in February, they shall severally draw a grand and petit jury, for the said several counties, and then seal up the said selection agreeable to the said act, and return the same to the clerk of the superior court,

Page (11)

which said jurors shall be duly summoned by the sheriff, and serve at the first term of the superior and inferior courts, in the said several counties. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT T o amend an act to appoint Commissioners for the better regulating and government of the town of Milledgeville, and for incorporating the same. SEC. 1. BE it enacted by the Senate and House of Representatives, That all persons who are entitled to vote at the general election, for members of the General Assembly, shall be entitled to vote for commissioners of the town of Milledgeville, which said election shall be held on the first Monday in January next at the State House, in Milledgeville, under the superintendence of any three justices of the peace for the county, not being candidates and in case there should not be a

Page (12)

sufficient number of justices to hold such election, then, and in that case, it shall be lawful for any three respectable freeholders of the county, one of which shall be a justice of the peace, to hold said election; and in case of vacancies happening in the said board of commissioners, such vacancies shall be filled up by his Excellency the Governor, and shall hold their appointments until thenext annual election thereafter; and no person shall be eligible to hold the appointment of commissioner of said town, unless he has resided one year previous to the election, and having a free-hold or lease for years of a lot within the same: And the commissioners of said town shall have perpetual succession, and shall be capable topurchase, have, hold, receive, enjoy, possess and retain, to them and their successors, for the use of the town of Milledgeville, in perpetuity, or for any term of years, any estate or estates, real or personal, messuage, lands, tenements, hereditaments of whatever nature or kind soever, within the limits of the tract of land appropriated and laid off for said town, and to alien, exchange or lease the same, or any part thereof, as they shall

Page (13)

or may think proper: And by the name of Commissioners of the town of Milledgeville, to sue and be sued, plead and be impleaded, answer and be answered, in any court of law or equity in this state; and they shall be empowered from time to time to make and establish such bye-laws, rules and ordinances respecting the streets, public buildings (the State-House and public square excepted) markets, public houses, carriages, waggons, carts and drays, pumps, buckets, fire engines, the renting of all thecleared land and fisheries, the care of the poor, the regulation of [Illegible Text] persons, negroes, and in general any other bye-law or regulations that shall appear to them requisite and necessary for the security, welfare and convenience of said town, or for preserving peace, order and good government within the same: And the commissioners shall also be vested with full power and authority to make such assessments on the inhabitants of said town and commons, as shall appear to them expedient, and to affix and, levy fines for all offences committed against the bye-laws of the said town, and are hereby authorised to appoint such officers as they may [Illegible Text]

Page (14)

necessary to carry the same into execution, and to affix the salaries and fees of such officers Provided, Nothing herein contained shall authorise the commissioners to make any bye-laws repugnant to the constitution of this state or the United States. SEC. 2. Be it further enacted, That the commissioners of said town of Milledgeville shall take the following oath before a justice of the peace: I, A. B. do solemnly swear [Illegible Text], that I will to the utmost of my power support, advance, protect and defend the good order peace and welfare of the town of Milledgeville and its inhabitants, as commissioner of said town. SEC. 3. And be it further enacted, That any law or parts of laws, militating against the foregoing, be and the same are hereby repealed. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807.

Page (15)

AN ACT To add part of the Counties of Washington and Hancock, to the County of Baldwin. WHEREAS a number of the citizens inhabitants of said counties, have petitioned this legislature, praying to be added to the county of Baldwin: Be it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by authority of the same, That all that part of the said counties of Hancock and Washington, hereafter described, be added to, and become a part of Baldwin county, to wit: Beginning at Aaron M`Kenzie's ferry, on the Oconee river; thence a straight line to Holt's mills, on Town creek; thence up said creek, with the meanders thereof, to Harris's upper mills, on said creek; thence a straight line to the Oconee river, opposite the mouth of Little river; thence with the Oconee river to the beginning. BENJ: WHITAKER, Speaker of the House of Representatives. JOHN FOSTER, President of the Senate, pro tem. JARED IRWIN, Governor. ASSENTED TO 10th December, 1807.

Page (16)

AN ACT To provide for the arming the Militia of this State. SEC. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the following arms, ordnance, accoutrements and ammunition, shall be provided as soon as may be, for the use of the militia and defence of this statethat is to sayten thousand stand of arms, to wit: Muskets of the size and dimensions as is provided for the army of the United States, now in service, the bore of each musket to be sufficient to receive eighteen balls to the pound, and of sufficient substance to bear that proportion of load and the necessary quantity of powder, with a complete bayonet, and cartouch box, to contain twenty-four cartridges, and a bayonet belt and [Illegible Text] for each stand of arms. Also, not exceeding twelve field pieces (brass four pounders) complete and with carriages and tumblers; seven hundred pair of horsemen's pistols, of the ordinary size, and complete; and also, one thousand horsemen's swords, with belts and scabbards; ten thousand weight of gun-powder, thirty thousand weight of lead; two thousand five hundred cannon balls; and five hundred gross of gun [Illegible Text].

Page (17)

And be it further enacted, That his Excellency the Governor be, and he is hereby required, to procure by agency, or any other means, if he shall think the same mode adviseable and for the interest of the state, the aforesaid quantity of arms, ordnance, accountrements and ammunition, of the best quality, and on the best terms they can be had within the United States. And after the arms, ordnance, accountrements and ammunition, above prescribed, are procured as above directed, the Governor is hereby required to have the same deposited in the late state-house, in the town of Louisville, in the county of Jefferson, to be disposed of in such manner as may be pointed out by the commander in chief, or the legislature of this state. And be it further enacted, That his Excellency the Governor be authorised and required to appoint a [Illegible Text], serjeant, and six fit and proper persons, who shall reside in the town of Louisville, to take charge of and keep in good order and repair, and at all times fit for service the said arms, ordnance, accountrements and ammunition. And be it further enacted, That for the faithful performance of these duties, the said lieutenant, serjeant and six men, shall receive the following sums: The lieutenant, twenty-five dollars per month; the serjeant [Illegible Text] dollars per month; and each man [Illegible Text]

Page (18)

[Illegible Text] per month, which compensation shall be paid quarter yearly, by his Excellency the Governor, out of the contingent fund of this state; and that the lieutenant having charge of the arsenal as aforesaid, shall give bond and such security as shall be approved of by the Governor and Commander in Chief, well and truly to perform the duties required of him as keeper of the aforesaid arsenal; and to have the arms aforesaid in proper order and fit for service, and at all times when called on, to produce the same or any part thereof, by order of the Commander in Chief, or any officer he may authorise to receive the same, under the penalty of five thousand dollars; and that the keeper of the arsenal shall at all times, when he may be required, take into his possession the aforesaid arms, ordnance, accoutrements and ammunition, when commanded so to do by any officer commanding a division, brigade, regiment or battalion, and keep the same in the same order as when the said arms, ordnance, accoutrements and ammunition, are received by him, until [Illegible Text] time as they shall again be called for by the authority aforesaid, for the public service. And be it further enacted, That it shall be the duty of the adjutant general, at [Illegible Text] twice in every year, to inspect the arms, [Illegible Text], accoutrements and ammunition, so deposited in the arsenal; and the keeper of the arsenal is hereby required to submit to

Page (19)

the inspection of the adjutant-general the arms, ordnance, accoutrements and ammunition, which may be in his care and keeping, on the days appointed by the said adjutant-general for the purposes of inspection as aforesaid. Provided, The said keeper of the arsenal aforesaid, shall receive at least one day's notice thereof, as to the time when the inspection shall commence, in writing, from the adjutant-general; and in case the keeper of the arsenal aforesaid, shall fail to produce the arms to be inspected by the adjutant-general, after having the notice in writing as aforesaid, the keeper of the arsenal so refusing or neglecting, shall forfeit and pay the sum of twenty-five dollars for each and every day's neglect or refusal, to be recovered by action of debt, in any court having jurisdiction thereof. And be it further enacted, That it shall be the duty of the adjutant-general to report the state and condition of the arms so inspected by him, to each and every succeeding legislature. And whereas, by information from our delegates in Congress, communicated to this legislature by his Excellency the Governor there is a probability that an appropriation will be made by Congress for the payment of the arms, ordnance, accoutrements and [Illegible Text] aforesaid, as a payment in part of the consideration for our western lands, sold

Page (20)

and ceded to them by articles of [Illegible Text], on the twenty-fourth day of April, one thousand eight hundred and two: Be it therefore enacted by the authority aforesaid, That should the Congress of the United States not make an appropriation for the payment of the aforesaid arms, ordnance, accoutrements and ammuntion, that his Excellency be and he is hereby authorised to pay out of any monies which now are, or hereafter may be, in the treasury, the amount of the arms, ordnances, accoutrements and ammunition so purchased. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT To quiet the claim of General John Clark, to all the privileges, benefits, profits and immunities belonging to, or in any way connected with, the Fraction number three hundred and sixty-one, in the first district of Baldwin. SEC. 1. BE it enacted by the Senate and House of R epresentatives of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the three upper fractions, to wit: Numbers three hundred

Page (21)

and sixty-one, three hundred sixty-two, and three hundred and seventy-six, shall be reduced to the [Illegible Text] of six dollars per [Illegible Text], which will entitle General John Clark to a credit on his bonds given to the state, to the amount of five thousand one hundred and nine dollars; provided, The said John Clark shall and do file, in the office of the Executive, a deed relinquishing all his right and title of, in and to, the south western stream of the Oconee river, adjoining the [Illegible Text] number three hundred and sixty-one first district, Baldwin county, and to all privileges therein. SEC 2. And be it enacted, That the said John Clark be and he is hereby [Illegible Text] from all fines and penalties that may have been heretofore had, obtained or decreed against him by reason of any obstruction alledged to be made by him in the stream aforesaid, so far as the state of Georgia is or may be [Illegible Text] in said fines and [Illegible Text]; and [Illegible Text] [Illegible Text] officers in this state, are hereby [Illegible Text] to stay all further proceedings in [Illegible Text] of this state. BENJ: WHITAKER, [Illegible Text] of the House of R epresentatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, [Illegible Text]

Page (22)

AN ACT T o lay out and define the several Divisions of the Militia of Georgia. SEC 1. BE it enacted by the Senate and House of R epresentatives of the state of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the militia of this state shall be divided and organized into four general divisions, which shall be [Illegible Text] divided into eight brigades, in the following manner, to wit: The counties of Wayne, Camden, Glynn, Liberty, [Illegible Text] Intosh, Bryan, Chatham and Effingham, shall compose one brigade, to be known and called as the first brigade of the [Illegible Text] division; and the counties of Bulloch, Tattnall, [Illegible Text] Montgomery, Burke and Jefferson, shall compose one brigade, to be known and called as the second brigade of the first division. SEC 2. And be it enacted, That the counties of Richmond, Columbia and Warren, shall compose one brigade, to be known and called as the first brigade of the second division; and the counties of Washington, [Illegible Text] Wilkinson, Laurens and Telfair, shall compose one brigade, to

Page (23)

be known and called as the second brigade of the second division. SEC. 3. And be it enacted, Thatthe countes of Baldwin, Jones, Putnam, Randolph and Morgan, shall compose one brigade, to be known and called as the first brigade of the third division; and the counties of Greene, Oglethorpe and Clark, shall compose one brigade, to be known and called as the second brigade of the third division. And be it enacted, That the counties of Wilkes, Lincoln and Elbert, shall compose one brigade, to be known and called as the first brigade of the fourth division; and the counties of Jackson Franklin, shall compose one brigade, to be known called as the second brigade of the fourth division. SEC. 5. And be it enacted, That the divisions and brigades herein before pointed out and described, shall be sub-divided into regiments, battalions and companies, as directed by the militia laws of this state and the United States now in force. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the S enate pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807.

Page (24)

AN ACT To repeal an act entitled, An act to point [Illegible Text] a mode for adjusting the claims of the citizen of this state against the Creek Nation. WHEREAS the legislature of this state did, by the act aforesaid, give to the Comptroller-General certain powers therein mentioned, for adjusting the claims of citizens against the Creek nation: AND WHEREAS it is found that, by the adjustment of the claims aforesaid, made by the Comptroller-General, that many of the good citizens of this state have been deprived of a considerable part of their claims, though the same [Illegible Text] fully proven, for remedy whereof Be it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the act entitled, An act pointing out a mode for adjusting the claims of the citizens of this state against the Creek Nation, passed the twenty-seventh day of November, one thousand eight hundred and two, and all other acts, parts of acts and resolutions, relative to the aforesaid claims, be and the same are hereby repealed. And be it further enacted by the authority aforesaid, That the Comptroller-General be, and he is hereby directed to take up the aforesaid claims, and the books returned by the said Comptroller-General, and thereupon lay

Page (25)

before the legislature, a fair [Illegible Text] of the [Illegible Text] claims, without any deductions whatsoever, together with such other claims is may be in like manner exhibited to the Comptroller-General, duly authenticated, on or before the [Illegible Text] day of November next. BENJ: WHITAKER, Speaker of the House of R epresentatives. DAVID BATES, President of the the S enate pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT For the better regulation of free negroes in the cities of [Illegible Text] and Augusta, and in the towns of Washington, Lexington and [Illegible Text]. WHEREAS the citizens of Savannah, Augusta and their [Illegible Text] have heretofore, and do now experience great injury and inconvenience from the number of free negroes, mulattoes and [Illegible Text] of vicious and loose habits who have settled and are daily settling therein. Be it therefore enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly me t and

Page (26)

by the authority of the same, That from [Illegible Text] after the first day of January next, all [Illegible Text] negroes, mulattoes or mustizoes, who may then or at any time thereafter, reside with in the corporate limits of the cities [Illegible Text] Savannah and Augusta, shall be [Illegible Text] to the same police, regulations and [Illegible Text] as slaves are or may be by the law of this state; and any person who [Illegible Text] hire or let any house or tenement to any free negroe, mulattoe or mustizoes within the limits of said cities, without [Illegible Text] from the city council thereof, shall be subject to the same penalties as if such house or tenement had been let or hired to a slave, any law, usage or custom to the contrary notwithslanding. And be it further enacted, That the commissioners of the towns of Washington, [Illegible Text] and Milledgeville, be and they are hereby vested with the same powers, as to the regulation of such free persons as above described, within their respective jurisdictions, as the corporations of [Illegible Text] and Augusta are by this law. BENJ: WHITAKER, Speaker of the House of R epresentatives.

Page (27)

DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 7th December, 1807. AN ACT T o authorize Thadaeus Holt, Esquire to erect a Bridge across the Oconee river at or near his Ferry on the main road leading from Milledgeville to Augusta, Savannah and Darien. WHEREAS Thaddeus Holt, by his petition to this legislature, has prayed the privilege of erecting a bridge over the Oconee river, at or near his ferry, where the main road leading from Milledgeville to Augusta, Savannah and Darien, crosses the same: And whereas it is thought and believed, that to grant the same privilege will tend to promote public convenience. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met. That from and immediately after the passing of this act, said Thaddeus Holt is hereby authorized to erect a bridge across the said river, at or near his said ferry, and to hold

Page (28)

and occupy the profits and advantages there of, for and during the term of ten years [Illegible Text] the same shall be completed, at the following rates of toll, to wit: For a loaded waggon and four horses, [Illegible Text] cents; for an empty waggon and [Illegible Text] horses, thirty-seven and a half cent; [Illegible Text] a loaded cart and two horses, twenty-five cents; for an empty cart and two [Illegible Text] eighteen and three-quarter cents; for a rolling twenty-five cents; for all four wheel pleasure carriages, fifty cents; for two [Illegible Text] twenty-five cents; for man and [Illegible Text] twelve and a half cents; for all led [Illegible Text] and mules, three cents; for each [Illegible Text] passenger, six and a quarter cents; for [Illegible Text] head of cattle, two cents; and for [Illegible Text] head of hogs, sheep or goats, one cent. Provided, The said bridge shall be so constructed, as to admit the passage of any [Illegible Text] or rast which may be brought down said [Illegible Text], and provided that the said [Illegible Text] Holt, shall complete the said bridge within the term of two years from the date of [Illegible Text] act. And be it further enacted, That the [Illegible Text]

Page (29)

Thaddeus Holt, his heirs, executors, administrators or [Illegible Text], shall pay unto the commissioners of the corporation of Milledgeville or their successors in office such sum or sums annually, as they shall agree upon previous to the building said bridge, for the privilege of butting the bridge on the land reserved to the town of Milledgeville; to be applied to the [Illegible Text] of building a school house or academy in the town of Milledgeville. BENJ: WHITAKER, Speaker of the House of Representatives, DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT T o point out the mode and [Illegible Text] such persons as have made fraudulent returns under the former laws disposing of the territory lately acquired from the Creek Nation. WHEREAS many persons who were not entirled to draws in either of the late land lotteries, have imposed on the good people of this state by pretending that they

Page (30)

were entitled to a draw or draws in one or other, or both of the said land [Illegible Text], and have returned their names upon oath, as entitled to the same, when in truth they were incapable by law of [Illegible Text] any benefit from the same, by their not having [Illegible Text] in this state for the space of time required, or being under the age pointed our by law, or pretending that they [Illegible Text] heads of families, having a child or children, when they were not so; or by alledging that they were widows, when they knew themselves to be married women; or by pretending to be over and above twenty-one years, when they were not. And whereas the twenty-first section of the act, entitled, An act to dispose of and distribute the late cession of land, obtained from the Creek Nation by the United States, in a [Illegible Text] concluded at the city of Washington, on the fourteenth day of November, in the year one thousand eight hundred and five, passed on the twenty sixth day of June, one thousard eight hundred and six, [Illegible Text], that all grants obtained in any other manner than the one pointed out in the said acts, should be [Illegible Text] and void, without prescribing the mode by which offenders of the aforesaid description shall be brought to condign punishment. Be it therefore enacted, That it is and may be the duty of any person or persons whatever,

Page (31)

to file or lodge a complaint in the Clerk's Office of the Superior Courts, for the [Illegible Text] where such offending person made [Illegible Text], her or their return for a draw or draws [Illegible Text] the late or former land [Illegible Text], at [Illegible Text] [Illegible Text] after the passing of this Act; pointing [Illegible Text] such [Illegible Text] of Land as are claimed under [Illegible Text] [Illegible Text] returns: and it shall also [Illegible Text] the duty of persons lodging such [Illegible Text], to advertise in the State's Gazette [Illegible Text] at Milledgeville, for six months [Illegible Text] least once a month, notifying the original [Illegible Text] or his, her or their legal [Illegible Text] to appear at the next Superior Coart thereafter, to support the [Illegible Text] of their claim. And be it further enacted, That it shall be the duty of the Attorney-General or either of the Solicitors, to prosecute in behalf of the State, for all such tracts of Land as are charged as being founded on [Illegible Text] returns to final judgment and execution, and thereafter pay one half part of the value of the land so recovered to every informer who shall come forward and prosecute for such [Illegible Text]. Provided if such prosecutor shall [Illegible Text] the informer shall pay all costs. And be it further enacted, That it shall be the duty of the Attorney or Solicitor-General in all such cases to prefer indictments against such offenders in the county where such offence was committed, and on conviction

Page (32)

thereof, the person so offending shall [Illegible Text] deemed and held incapable of holding [Illegible Text] office of honour or profit in the state for [Illegible Text] term of ten years. And in cases where [Illegible Text] offenders have made such [Illegible Text] [Illegible Text] on oath, they shall suffer all the pains, [Illegible Text], and disabilities which are consequent up on the crime of perjury. [Illegible Text] always, That in all trials [Illegible Text] this act, the burthen of the proof shall [Illegible Text] upon the grantee, his, her or their heirs or [Illegible Text]. BENJ: WHITAKER, S peaker of the House of R epresentatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT To appropriate Monies for the political year Eighteen Hundred and Eight. SEC. 1. B E it enacted by the S enate and House of R epresentatives of the state of Georgia in General Assembly met, and by the authority of the same it is hereby enacted, That the sum of Fifteen Thousand Dollars be and the same is hereby appropriated as a contingent fund subject to the orders of the Governor. SEC. 2. And be it further enacted, That for

Page (33)

[Illegible Text] compensation of the members of the [Illegible Text] of [Illegible Text] and Senate, the [Illegible Text] of three Dollars per day, during their [Illegible Text], and the sum of three Dollars [Illegible Text] every twenty miles in coming to and [Illegible Text] from the [Illegible Text] of Government, and [Illegible Text] sum of four Dollars each per day to the President of the Senate, and the Speaker of [Illegible Text] of Representatives, during their [Illegible Text], and the sum of three Dollars each [Illegible Text] every twenty miles in coming to and [Illegible Text] from the sea of Government; to [Illegible Text] Clerk of the House of Representatives and [Illegible Text] of the Senate, during the [Illegible Text] of the [Illegible Text], four Dollars each per [Illegible Text], and also the sum of sixty Dollars each, for [Illegible Text] expences; to two Engrossing Clerks of the Senate and House of Representatives, Four Dollars each per day during their at endance:To the Messenger and Door Keeper of the Senate, and Messenger and Door Keeper of the House of Representatives three Dollars each per day; to Edmund [Illegible Text] Jenkins, Clerk of the Committee on Finance, forty Dollars: To Thomas H. Kenyon, clerk of the committee on the state of the Republic, forty Dollars: To the clerk of the House of Representatives, Secretary of the Senate and the Messenger and Door Keeper of each House, Three Dollars each for every twenty miles in coming to and returning from the seat of Government: To

Page (34)

the Adjutant-General, Four Dollars per [Illegible Text] while in actual service: To the commissioners for selling the fractional parts of [Illegible Text] of Land, within the counties of Wilkinson and Baldwin, three dollars per day each while in actual service: to Zachariah [Illegible Text] the sum of Fifty Dollars agreeable to a concurred resolution: to the commissioners [Illegible Text] the late Land Lottery, [Illegible Text] Dollars per [Illegible Text] each while engaged in the duties of their said appointment, exclusive of what they have already received: to James Reigly and Nathaniel Clarke, boys who attended the wheels two Dollars per day each: to Peter [Illegible Text] Door Keeper, three Dollars per day, which said sums shall be in full for their several services. For defraying the expences of the [Illegible Text] of the honorable Ezra Jones and Walter Drane, the sum of one hundred and fifty dollars; to James Luke, rax collector of Columbiacounty, twenty-seven dollars eighty seven and an half cents; to James Foard, jailor of Wilkes county, seventy-eight dollars, sixty-two and a half cents; John Derricot, forty-nine dollars ninety-seven cents; [Illegible Text] James O. [Illegible Text], thirty-four dollars; to Zebediah Payne, twelve dollars forty-eight and three quarter cents; to John Lamkin, eighteen dollars twelve and a half cents; to Dennis L. Ryan, for printing, fifty-four dollars eighty-seven and a half cents; to Sarah [Illegible Text], four dollars seventy-five cents;

Page (35)

Ambrose Day, six dollars and fifty cents Everitt and M'Lean, six dollars and fifty cents; Dennis, Driscol, six dollars and fifty cents; Alexander M`Millan, four dollars ninety-three and three quarter cents; to Jacob Buckhalter, in behalf of himself and the heirs of Ann Willson, for a negro girl named Jenny, five hundred dollars; to William Barnett, commissioner to ascertain the thirty fifth degree of north latitude, [Illegible Text] this state and North-Carolina, fifty-nine dollars; to Thomas P. Carnes, commissioner as aforesaid, thirteen dollars seventy-five cents; to John Herbert, commssioner of Milledgeville, three hundred and twenty-four dollars; to A. M. Devereux, ditto, three hundred and nine dollars; to Howell Cobb, two hundred and fifty-two dollars; to Henry Carleton, thirty-six dollars; to Davis Gresham, fifty-one dollars; to Smart and Lane, fifty dollars; to Benjamin Easley, one hundred and fifty-three dollars; to Alexander M`Millan, for printing grants for fractional surveys, twenty dollars; to Jett Thomas, towards completing the state-house, to be expended under the direction of the commissioners, twenty-five thousand dollars; which said several sums are hereby appropriated out of any monies which now are or hereafter may come into the Treasury of this state. To Alexander M`Millan, [Illegible Text] printing two hundred copies of the bank bill, fifteen [Illegible Text]; to Benjamin

Page (36)

Wall, captain of the [Illegible Text] artillery company, two hundred dollars; to provide a fund for the said company to repair carriage, and [Illegible Text] the said company with laboratory apparatus. BENJ: WHITAKER, Speaker of the House of Representatives. JOHN FOSTER, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT To incorporate the Planters' Bank of the State of Georgia. SEC 1. BE it enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That a Bank shall be established in Savannah, the capital stock whereof shall be one million of dollars, divided into ten thousand shares, of one hundred dollars each; but the directors, or a majority of them, may at any time after the establishment of the said Bank increase the said stock to any amount, not

Page (37)

exceeding three millions of dollars: And that subscriptions towards [Illegible Text] the said Bank shall, on the first day of February next, be opened at the city of [Illegible Text], under the [Illegible Text] of Charles Harris, William B. Bulloch and George Scott, commissioners, for two thousand four hundred shares; at the city of Augusta, under the superintendence of Thomas Cumming, John Catlett and Freeman Walker, for eleven hundred shares; at Columbia court-house, under the superintendence of Gary Davis, William Low and Thadeus Bell, for two hundred and fifty shares; at the town of Washington, in [Illegible Text] county, under the superintendence of Felix H. Gilbert, James Corbet and Doctor Gilbert Hay, for one thousand shares; at Athens, under the superintendence of William Malone, Hope Hull and Stephen Thomas, for five hundred shares; at Darien, [Illegible Text] the superintendence of James [Illegible Text], Norman M`Donald and William Dunham commissioners, for eight hundred shares; at Lexington, under the superintendence of [Illegible Text] A. Hopkins, Thomas W. Cobb and Robert Freeman,

Page (38)

for four hundred shares; at Petersburgh, under the superintendence of Leroy Pope, Thomas Bibb and John Watkins, for six hundred shares; at Greenesborough, under the superintendence of George Clingham, Thomas W. Grimes and James Cunningham, for two hundred shares; at Milledgeville, under the superintendence of Zachariah Lamar, Archibald M. Devereux and Jett Thomas, for five hundred shares; at the town of Sparta, under the superintendence of John Lucas, James H Jones and Oliver Skinner, for five hundred shares; at Saiut Mary's, under the superintendence of Henry Sadler, John Ross and David G. Jones, for five hundred shares; at Tattnall court house, under the superintendence of James Perry, Martin Hardin and John P. Blackman, for fifty shares; at Brunswick, under the superindence of Leighton Willson, S. Barnett and James Hamilton, for two hundred shares; at Jacksonsborough, under the superintendence of William Blair, George Williamson and Thomas Branan, for one hundred shares; at Louisville, under the superintendence of David M`Corinick, [Illegible Text]

Page (39)

Robinson and Doctor John Powell, for two hundred shares; at Waynesborough, [Illegible Text] the superintendence of Alexander Carter, Samuel Sturges and William Urquhart, for two hundred shares. And a majority of the said commissioners, at the places before [Illegible Text] respectively, shall be sufficient to perform the duties of their appointment which subscriptions shall [Illegible Text] open, until the whole of the said [Illegible Text] shall have been subscribed for; and that it shall be lawful for any person, being a citizen of the United States, corporation or body politic, to subscribe for such or so many shares as he, she or they, shall think fit, not exceeding fifty: Provided [Illegible Text] ways. That if the said capital stock shall [Illegible Text] be filled up in fix months after the commissioners herein appointed shall open their books for subscriptions for that purpose, that then, and in that case, any person, copartnership or body politic, being citizens as aforesaid, may subscribe for such or so many shares as he, she or they, may think fit, not exceeding in the whole one hundred share. SEC. 2. And be it further enacted, That

Page (40)

[Illegible Text] those who shall become subscribers to the said Bank, their succesiors and [Illegible Text], shall be and are hereby created and made a corporation and body politic, by the name and style of THE PRESIDENT, DIRECTORS AND COMPANY, OF THE PLANTERS' BANK OF THE STATE OF GEORGIA; and by that name shall be and are hereby made able and capable, in law, to have, purchase, receive, possess, enjoy and [Illegible Text], to them and their successors, lands, rents, tenements, hereditaments, goods, chattles and effect, of whatever kind or nature, or quality soever, to an amount, [Illegible Text] exceeding in the whole, three millions [Illegible Text] dollars, including the amount of the capital stock of the said Bank; and the same to sell, grant, demise, alien or dispose of; to [Illegible Text] [Illegible Text] be sued, plead and be impleaded, answer and be answered, [Illegible Text] and be defended, in [Illegible Text] of record or any other place or places what, soever; and also to make, have and use [Illegible Text] common seal, and the same to break, alter and renew at their pleasure; and also to ordain, [Illegible Text] and put in execution [Illegible Text] bye-laws, ordinances and regulations, as shall seem [Illegible Text] and convenient for the government of the corporation, not being contrary to the laws and constitution of this [Illegible Text] or the United States, for which purpose general meetings of the [Illegible Text] holders shall and may be called by the [Illegible Text], at such time

Page (41)

[Illegible Text] times as by them shall be deemed [Illegible Text], and generally to do and execute all and singular such acts, matters and things, which to them shall or may appertain. SEC. 3. And be it further enacted by the authority aforesaid, That for the well ordering of the affairs of the said corporation, there shall be a President and directors appointed by the legislature, eight of whom shall reside in the city of Savanuah, and three in each district, who shall be citizens of the United States seven years, and of this state three years; and the President and any four or more of the said directors, shall be competent to proceed with the ordinary [Illegible Text] of the said Bank, and in case of the death, resignation, removal, or refusal to serve of a director, his place shall be filled up by the stock-holders. SEC. 4. And be it further enacted by the authority aforesaid, That the subscribers to said stock, shall at the time of subscribing for the same, pay into the hands of the commissioners who shall receive such subscription, two per centum of the amount of the shares subscribed for, and after the expiration of six months from the passing of this act, the commissioners shall and are hereby required, to return the subscription books, with all papers appertaining thereto, within thirty days after the expiration of the said six

Page (42)

months, to the commissioners in Savannah, together with the amount of cash by them received; and the said commissioners, in Savannah, shall thereupon call on the directors herein before named, by public notice for that purpose, to assemble in Savannah, [Illegible Text] the purpose of receiving the books of subscriptions, papers and cash in the hands of or received by the said commissioners; and the subscribers to the stock of the said bank shall, upon thirty days notice given by the said directors, pay into their hands other twenty-eight per centum of the amount subscribed; and upon the like notice of the directors of other sixty days, the stock-holders shall pay a further sum of twenty per centum of the amount subscribed; and that as soon as the sum of three hundred thousand dollars in gold and silver, shall have been actually received on account of the subscriptions to the said stock, notice hereof shall be given by the said directors, or such number of them as are herein before declared to be competent [Illegible Text] proceed with the business of the said Bank; and they shall, at or after the expiration of the said notice, proceed to organize and commence business at and for the said Bank. SEC. 5. The President and Directors who shall be appointed by the legislature as aforesaid, shall continue in office for the space of one year, but the President shall at all [Illegible Text] be eligible to be [Illegible Text]; the directors shall

Page (43)

go out in rotation in the following [Illegible Text]: One fourth of the said directors [Illegible Text] go out by ballot at the expiration of the [Illegible Text] of every year, and which said [Illegible Text] shall be filled up by a majority of the stockholders, in the following manner: For one share, one vote; for two shares, two votes; for every two shares above two, and not exceeding eight, one vote; for every four shares above eight, and not exceeding twenty, one vote; for every eight [Illegible Text] above twenty, and not exceeding sixty, one vote; for every twelve shares above sixty, and not exceeding one hundred, one vote; Provided nevertheless, That the directors so to be chosen, shall reside in the same district, that those did whose places are so to be filled up. SEC. 6. No person shall be eligible to be a director, except stock holders of at least ten shares in the Bank in his own right. SEC. 7. The President, or any one of the said directors, shall at no time, directly or indirectly, draw out of the said public stock or bank, a sum that shall exceed five thousand dollars; nor shall the President or any of [Illegible Text] directors of said Bank,

Page (44)

[Illegible Text] any branch thereof, draw out of the said bank any money, but upon the same terms and conditions as other persons; and in case any of the directors or the President, drawing out a greater sum at one time, his stock in the bank shall be forfeited and the seat of such person shall be vacated; neither shall any stock-holder be eligible to be a director, who shall be in arrears over and above the sum of five thousand dollars to the said Bank. SEC. 8. And be it further enacted by the authority aforesaid, That a branch of the aforesaid Bank shall be extended to the city of Augusta, under the superintendence of eight directors, one of whom shall be President, to be appointed by the legislature, whose seats shall be vacated and filled up at the same times and in the same manuer, as the President and directors of the Bank in Savannah; and the said branch at Augusta, shall go into operation at the same period with the Bank in Savannah. SEC. 9. And be it further enacted by the authority aforesaid, That the said branch shall at all times be amenable to the bye,

Page (45)

laws, rules and regulations, that may be adopted by the corporation of the Planters' Bank of the State of Georgia. SEC. 10. And be it further enacted, That the aforesaid directors shall have full power to extend a branch or branches of the said Bank to any part of this state, which in their judgment they may think needful and necessary, SEC. 11. The state may, at any time within five years, subscribe for any number of shares, not exceeding one thousand. SEC. 12. The President shall be elected by the directors out of their own body, after the first President appointed by the legislature shall go out of office, and shall have such compensation for his services, as may be decided by the directors; the cashier and other officers appointed by the directors, shall be compensated by the directors; they shall give bond and security as shall be pointed out by the directors, and shall take an oath, to be entered on the minutes or proceedings of said directors. SEC. 13. The directors shall from time to time, have power and authority to make

Page (46)

such rules and regulations, as shall be found needful to carry into effect the design, intent and meaning, of this institution: Provided, That such rules and regulations do in no way militate with the constitution and laws of the state, or with the rules and regulations herein pointed out. SEC. 14. No person shall be eligible to be director, who is a director in any other bank; neither shall any person be eligible who shall be a partner in any house, co-partnership or firm, to or with any such person, or who is in arrears to any other bank, or stock-holder therein. SEC. 15. And be it further enacted, That this act, and corporation therein mentioned, shall continue and be in force thirty years, and from thence to the end of the next session of the General Assembly thereafter, and no longer. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor. Assented to 5th December, 1807.

Page (47)

AN ACT T o take off a part of the county of Greene, and add the same to the county of Clark. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted SEC. 1. That all that part of Greene county, contained within the following boundary, be, and is hereby added to the county of Clarkthat is to say: Beginning on the west side and on the bank of the Oconee river, where the dividing line terminate on the said bank, between the aforesaid counties of Greene and Clark;thence down the said Oconee river to the mouth of Rose creek, and from thence in a right and direct line to the corner on Appalachee river, which at that place divides the aforesaid counties of Greene and Clark. SEC. 2. And be it enacted, That the county surveyor for the county of Greene be, and he is hereby directed to lay out the said line, and report the same, within the term of three months from and after the passing of this act, to the Inferior

Page (48)

Courts of the aforesaid counties of Greene and Clark, and that the said court for the county of Clark, be authorised and required to make compensation, for the said surveyor's services, out of the said county funds. SEC. 3. And be it further enacted by the authority aforesaid, That from and after the aforesaid term of three months, as before mentioned, that all and every of that part of the county of Greene as aforesaid, shall be, and the same is hereby declared to be a part of the county of Clark, and subject to the same rules and regulations of the aforesaid county of Clark, any law to the contrary, notwithstanding BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT T o alter the name of Kitty Ann Edwards Caldwell, to that of Kitty Ann Edwards Willis. WHEREAS satisfactory reasons have been offered to authorize the [Illegible Text]

Page (49)

[Illegible Text] aforesaid, Be it enacted by the Senate and [Illegible Text] of R epresentatives of the state of Georgia General Assembly met, and it is hereby [Illegible Text] the authority of the same, That the said [Illegible Text] Ann Edwards Caldwell shall, from and [Illegible Text] the passing of this act, be known and [Illegible Text] by the name and style of Kitty And [Illegible Text] Willis. BENJ. WHITAKER, S peaker of the House of R epresentatives. JOHN FOSTER, President of the S enate, pre tem. JARED IRWIN, Governor. [Illegible Text] to 24th November, 1807. AN ACT [Illegible Text] and dispose of the printed copies of [Illegible Text] and Crawford's Digest of the Laws of Georgia. WHEREAS it appears that there are yet remaining a number of the said [Illegible Text] Digest of laws in the different clerks' [Illegible Text] unsold, and are liable to great damages [Illegible Text] the manner in which they are kept, for [Illegible Text] whereof Be it enacted by the Senate [Illegible Text] House of R epresentatives of the state of [Illegible Text] in General Assembly met, and by [Illegible Text] of the same, That the clerks of the [Illegible Text] counties throughout the state, who

Page (50)

have in possession those printed copies of [Illegible Text] digest aforesaid, shall, after the first day [Illegible Text] March next, expose the same for sale, by [Illegible Text] giving public notice thereof in three or [Illegible Text] of the most public places of their counties at least thirty days previous to the sale of [Illegible Text] same; and the said clerks, when advertising [Illegible Text] the same, shall give twelve months credit [Illegible Text] all purchasers, on their giving bond and approved security, payable to [Illegible Text] [Illegible Text] the Governor of this state, and to his [Illegible Text] in office, which bond shall remain in [Illegible Text] clerk's office for collection; And the [Illegible Text] clerks, whenever the monies arising from the sales thereof become due, shall give at [Illegible Text] twenty days notice in three or more of the most public places as aforesaid, for all [Illegible Text] to pay the same; and on failure thereof, it shall be the duty of the said clerks, [Illegible Text] [Illegible Text] suits against the said purchasers so [Illegible Text] default, before any court having [Illegible Text] thereof. Provided, That they do not sell [Illegible Text] less than four dollars each. And be it further enacted, That the said clerks shall, within six months after he or they shall collect the amount so sold, transmit the same to the treasurer of this state; and the said clerks shall have for their services, five percent, on the amount so sold by them and collected. Provided, That nothing herein contained shall prevent the officers

Page (51)

that now are, or may be elected or appointed [Illegible Text] the counties lying between the Oconee and Ocmulgee rivers, from receiving the aforesaid laws, as digested by Crawford and Marbury, as other officers heretofore. And be it further enacted, That any law or resolution contrary to this act, be and the same is hereby repealed. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of, the Senate pro. tem. JARED IRWIN, Governor, Assented to, 7th December, 1807. AN ACT To authorize Charles Goodwin, Richard [Illegible Text] and Edmund Bacon, [Illegible Text], to plead and practice in the several Courts of law and equity within this state. SEC. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the said Charles Goodwin, Richard Gantt and Edmund Bacon, of the state of South-Carolina, be, and they are hereby permitted and

Page (52)

allowed to practice in the several courts [Illegible Text] law and equity within this state, as [Illegible Text] solicitors and proctors, any law, usage or custom to the [Illegible Text] not withstanding. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT For the more effectually securing the probate of Wills, limiting the time for Executors to [Illegible Text] and widows to make their election. WHEREAS there is no law in this state which sufficiently enforces witnesses to wills to prove the same, whereby the wise and benevolent intentions of [Illegible Text] are often defeated, and heirs and legatees deprived of their just rightsfor [Illegible Text] whereof, SEC. 1. Be it enacted by the Senate and House of R epresenatives of the state of Georgia, [Illegible Text] General Assembly met, That it shall be the duty of all and every witness to any will or wills, to be and appear at the court of ordinary, on the regular day for the probate of the said will, ready to [Illegible Text] of and concerning the validity of the same; and the courts

Page (53)

of ordinary in this state shall have, and them are hereby vested with the same powers and authority that are vested in the superior and inferior courts, for the production and [Illegible Text] ment of any witness or witnesses that may be needful to carry into effect the business of the said court of ordinary. And whereas it often happens that persons left as executors to wills refuse to qualify, to the delay of the just claims of creditors, and to the injury of the estate of such [Illegible Text]for remedy whereof, SEC. 2 Be it enacted, That it shall be the duty of all and every such person so left as executor, to be and appear at the court of ordinary at the first regular court for the probate of the same; and in case any such person left as executor, should not qualify within one year after theath of the testator, then and in that case their rights to quality shall be considered as abated and destroyed, and the said court are hereby prohibited from admitting them to the same. SEC. 3. And be it further enacted, That all and every person heretofore left as executor or executors to wills, but have not yet qualified, are hereby directed to be and appear at the court of ordinary of their respective counties within one year from the passage of this act, with the will annexed, to quality to the same; and every such person [Illegible Text] [Illegible Text]

Page (54)

to attend, shall be considered to have abandoned all right, title and claim, as executor in and by the said will. SEC. 4. And be it further enacted, That it shall be the duty of the widows, within one year after the death of their husbands, to make their election or portion out of the estate of the deceased; and any such widow so failing to make her election shall be considered as having taken her dower or thirds, and shall forever after be debarred from taking any other part or portion of the said estate. BENJ: WHITAKER, Speaker of the House of R epresentatives. DAVID BATES, President of the Senate, pro tem JARED IRWIN, Governor. Assented to, 10th December, 1807. AN ACT To keep open the main channel of Tugale river, from its junction with the [Illegible Text] river, to the mouth of Panther creek. WHEREAS the inhabitants adjacent to Tugalo river, have voluntarily undertaken to improve the navigation of said river, from its junction with

Page (55)

Keowee river to the mouth of Panther creek, and for their support in keeping open that part of the river in future: SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That [Illegible Text] Yowell, John D. Terrell, Robert Walton; Robert Walters, and Nathaniel Payne, be and they are hereby appointed commissioners, whose duty it shall be to view the said river, at east once in every year, to see that there is no obstruction placed in the main channel or sluice thereof, which channel or sluice shall remain open and clear of any obstructions, at least thirty feet in width, for the passage of boats. SEC. 2. And be it further enacted, That the said commissioners, or a majority of them, shall have full power to determine on such channel or sluice, in any part of said river, that they may in their judgment deem most convenient, to answer the purposes intended by this act. SEC. 3. And be it further enacted, That any person placing any obstruction in the channel or sluice as aforesaid, so as to prevent

Page (56)

the free passage of boats, shall, for every such offence, forfeit and pay the sum of ten dollars for every forty-eight hours the same shall remain, to be recovered before any court having competent jurisdiction thereof, on the information of two or more of the commissioners aforesaid. SEC. 4. And be it further enacted, That the monies so collected, shall be by the commissioners aforesaid, deposited in the hands of the Inferior Court of Franklin county, to be by them applied to the special purpose of keeping open the said river as aforesaid. SEC. 5. And be it further enacted, That whenever there shall be found any obstructions in the channel or sluice aforesaid, the commissioners aforesaid, or a majority of them, are hereby fully authorised to call on the Justices of the Inferior court as aforesaid, so soon as any monies shall be collected under and by virtue of this act, for such sums of monies as, in their judgement, will be necessary to remove such obstructions, which obstructions the said commissioners, or a majority of them, are

Page (57)

fully authorised to employ any person to remove: Pr vided, There shall be a sufficient sum of money collected as aforesaid, and deposited in the hands of the justices aforesaid. Provided also, That this act shall not be so construed, as to authorise the commissioners aforesaid, to demand of the inferior court any part of their county funds, except the monies arising under and by virtue of this act. BENJ: WHITAKER, Speaker the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT T o alter and amend the road laws, so far as respects the counties of Chatham and Effingham. BE it enacted by the senate and house of representatives of the state of Georgia in general assembly met and it is hereby enacted by the authority of the same. SEC. 1. That all overseers of roads new appointed or hereafter to be appointed in the county of Effingham, who shall refuse

Page (58)

or neglect to do their duty as required, by the laws of this state, they and each of them shall, for every such offence forseit and pay a fine not exceeding the sum of thirty dollars. SEC. 2. And be it further enacted, That the fine for negroes, not working on the roads in the aforesaid [Illegible Text] of Chatham, and Essingham, shall after the passing of this act, be for each negro liable to work on said roads, the sum of two dollars, for each and every day that any negro subject to work on roads, shall [Illegible Text] or fail so to do. SEC. 3. And be it further enacted, That all act or parts of acts, that militate with this act shall be, and the same is hereby repealed. BENJ: WHITAKER, Speaker of the House of R epresentatives. DAVID BATES, President of the S enate, pro tem JARED IRWIN, Governor. Assented to, 10th December, 1807. AN ACT To authorize a Lottery, for the purpose of raising the sum of six thousand dollars, to be appropriated for the purpose of more effectually securing the town of S t. Mary from the overflowing of the river. WHEREAS [Illegible Text] inhabitants and residents of the town of St. Mary, and

Page (59)

county of Camden, have petitioned this legislature, praying the authorising a lottery, for the purpose of [Illegible Text] the inhabitants of said town to desend it against the [Illegible Text] of the river Saint Mary: SEC. 1 Be it therefore enacted by the senate and House of Representatives, of the state of Georgia in general assembly met, and by the authority of the same, it is hereby enacted, That Henry Sadler, John Ross and Thomas King, merchants of St. Mary's, be and they are hereby appointed commissioners of a lottery, Provided the said commissioners give bond and security to the Governor, in the sum of six thousand dollars, for the faithful discharge of their duty, which shall be approved of by the Justices of the interior court of the county of Camden. SEC. 2. And be it further enacted by the authority aforesaid, That from and immediately after the passage of this act, the said commissioners shall have, and they are hereby vested with power and authority to create and devise a scheme of a lottery to be called the St. Mary's lottery: by which said scheme they are hereby authorised and at liberty, to raise the sum of six thousand dollars, which said sum when so raised and made, shall be appropriated and paid for the erecting and making a [Illegible Text] or dam, the more [Illegible Text] to secure the town of St. Mary's

Page (60)

against the overflowing of the river. And be it further enacted by the authority aforesaid, That the said commissioners shall be, and they are hereby [Illegible Text] with full power and authority to let and contract for the throwing up or erecting said dam or dyke, at such time and in such manner as as they may deem most [Illegible Text]. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor, Assented to, 7th December, 1807. AN ACT For the relief of John Cormick. WHEREAS by the memorial of John Cormick exhibited to this Legislature, and by the documents and vouchers accompanying the same, it doth [Illegible Text] appear, that in the year of our lord one thousand seven hundred and ninety eight, before the adoption of the present constitution of this state, he the said John Cormick was compelled to [Illegible Text] from [Illegible Text], his native country, in consequence of an unsuccessful struggle for liberty and independence, and sought

Page (61)

[Illegible Text] obtained refuge and an [Illegible Text] in the United States, leaving behind him a wife and considerable estate, which estate was [Illegible Text] to that government upon acts of [Illegible Text] and [Illegible Text] duly issued and awarded against him, which are now in full force. And whereas the said John Cormick is now a citizen of the United States, and [Illegible Text] during his residence therein, acquired an estate sufficient to maintain and support his family, whom he [Illegible Text] repeatedly invited and solicited to join him in this country, it being utterly out of his power to return in safety to Ireland:And whereas Eliza Cormick, the wife of the said John Cormick, not regarding the said [Illegible Text] and requests of her said husband to join him in this country, hath repeatedly refused so to do, and at length by a solemn act under her hand and seal, duly [Illegible Text], hath declared she never will join him again, and therein authorised certain persons to seek for and obtain from the constituted authorities of this state, an act of total separation, whereby it becomes a case of peculiar and extraordinary hardship, and one not provided for in the constitution and laws of this state, for remedy whereof, SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the

Page (62)

same, That from and immediately after the passing of this act, the person and property of the said John Cormick, shall be free and exempt from the [Illegible Text] of the said Eliza Cormick, in as [Illegible Text], complete and [Illegible Text] a manner, as if they had never been married; and that the said John Cormick be, and he is hereby declared fully authorised to do and perform all such acts and things as he might lawfully do, had he never entered into a matrimonial contract with the said Eliza, any law, usage or custom, to the contrary notwithstanding. BENJ: WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JARED IRWIN, Governor. Assented to 27th November, 1807. AN ACT To change the name of Oglethorpe Academy, and to incorporate the Commissioners thereof by the name and style of the Trustees of Mason Academy. WHEREAS John Lumpkin, William Harris Crawford, Benjamin Baldwin, George Phillips James Luckie, commissioners

Page (63)

of the academy of Oglethorpe county, have, by petition to the legislature, [Illegible Text] that the late Francis Mason, deceased, [Illegible Text], by his last will and [Illegible Text], devise [Illegible Text] bequeath to them a considerable real and personal estate, in trust, for the said academy, And whereas the legislature, deeply impressed with the belief that the welfare and independence of republican states materially [Illegible Text] upon the general diffusion of useful knowledge, feel themselves imperiously called upon to patronize and encourage literary [Illegible Text], where it can be done without [Illegible Text] to the public interest: and whereas the [Illegible Text] commissioners have prayed that a law may [Illegible Text] passed to change the name of Oglethorpe academy, to that of Mason academy, and to [Illegible Text] the said commissioners by the [Illegible Text] and [Illegible Text] of The trustees of Mason Academy, and authorizing them to accept of the said donation, and all others which may be hereafter given; and this legislature viewing such donations as highly beneficial to the public, and honorable to the donor; and being willing to encourage others to [Illegible Text] the example set by the said late [Illegible Text] Mason, [Illegible Text], have determined to grant the prayer of the petitioners, for which purpose, SEC I. Be it enacted by the Senate and House of R epresentatives of the state of Georgia, in

Page (64)

General Assembly met, and by the authority [Illegible Text] the same it is hereby enacted, That immediately from and after the passing of this act, the academy of Oglethorpe county shall be known and called by the name of [Illegible Text] academy; and that John Lumpkin, William Harris Crawford, Benjamin Baldwin, George Phillips, James Luckie, Obadiah Jones, and Thomas W. Cobb, and their [Illegible Text] in office, be and they are hereby declared to be a body politic and corporate, by the name and style of the trustees of Mason academy, and [Illegible Text] such body politic shall be capable of suing and be sued, and shall be capable of doing all other acts which may be necessary for the complete execution of the trust consided to them; and for that purpose may have and use a common seal, appoint such officers as may in their opinion be necessary, and remove the same for any mal [Illegible Text] or neglect of duty. SEC. 2. And be it further enacted, That the said Trustees shall be capable of accepting the bequest of the late Francis Mason dec. and all beguests, gifts and donations which have been, or may he hereafter be stowed upon them, and shall hold the same according to the trusts and conditions contained in such donation or bequest. SEC. 3. And be it further enacted, That all vacancies which may happen in the board of

Page (65)

trustees, shall be filled by the Geneal Assembly of this state, and it shall be the duty of the said board, yearly and every year, to lay a correct account of their receipts and expenditures of the preceding year, before the grand Jury of Oglethorpe county, Provided nevertheless, That nothing herein contained shall be construed to impair the [Illegible Text] of the board of trustees, of the [Illegible Text] of Georgia, or of the [Illegible Text] Academicus, or of the board of visitors, granted them by the several acts regulating the [Illegible Text] of GeorgiF0 BENJ. WHITAKER, S peaker of the House of R epresentatives. ROBERT WALTON, PresideF0 of the S enate. JARED IRWIN, Governor. Assented to 27th November, 1807. AN ACT To limit the [Illegible Text] of the Mayors court in the city of S avannah, and for altering the same. WHEREAS an act pssed on the 8th day of December 1806 entitled, An act to limit the jurisdiction of the mayor's court in the city of Savannah, and to alter the times of holding the same, has been found to operate [Illegible Text] to a majority of

Page (66)

the inhabitants of the said city of Savannah, for [Illegible Text] whereof: SEC. 1. Be it [Illegible Text] by the S enate and House of [Illegible Text] of the state of [Illegible Text] in General Assembly [Illegible Text] and it is enacted by the authority of the same, That from and after the first day of January next, the said court shall [Illegible Text] [Illegible Text] of any cause in which the [Illegible Text] [Illegible Text] demand shall exceed thirty dollars, and [Illegible Text] not exceed the sum of one hundred [Illegible Text] SEC. 2. And [Illegible Text] it [Illegible Text] That from and [Illegible Text] [Illegible Text] first day of January next, the said [Illegible Text] shall be held monthly, on the first [Illegible Text] in each and every month. SEC. 3. And be it further enacted, That all [Illegible Text] [Illegible Text] passed, so far as the same shall [Illegible Text] with this act, be, and the same is [Illegible Text] repealed. BENJ: WHITAKER, Speaker of the House of R epresentatives. ROBERT WALTON, President of the S enate. JARED IRWIN, Governor. [Illegible Text] to 24th November, [Illegible Text] AN ACT [Illegible Text] quiet the claim of William Wallace and Ann, his wife, to the estete, real and personal, of John Maxam, [Illegible Text]

Page (67)

WHEREAS it has been represented to the ligislature that John Moxam late of the city of Savannah, carpenter, deceased, unfortenately lost his life in the storm which took place on the eighth day of Septembet, eighteen hundred and four, by being drowned opposite to the said city, of course deprived of an opportunity of bequeathing his property in he way he could [Illegible Text]: And whereas it hath been represented to this legisflature that Ann, the wife of William Walsace, of the county of Chatham, was the person on whem the aforesaid john Moxam intended to below his estate, both read and personal, being his daughter, unfortunately born out of wedlock though the exclusive object of his affectio, and acknowledged by him, in his life time, to be his only child: SEC. 1. Be it therefore enacted by the S enate and House of R epresentatives of the state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all the estate, both real and personal, belonging to the aforesaid John Moxam, be and the same is hereby [Illegible Text] in William Wallace and Ann, his wife, their heirs and assigns forever, subject nevertheless, to the [Illegible Text] of the just debt, of the said John Moxam; and

Page (68)

Provided, That the same has not been disposed of, and applied to the benefit of the state under the [Illegible Text] law now in force. BENJ: WHITAKER, [Illegible Text] of the House of R epresentatives. ROBERT WALTON, President of the S enate. JARED IRWIN, Governor. Assented to 24th November, 1807. AN ACT T o authorise the [Illegible Text] of the inferior court of the county of Greene, to lay an extra tax for the purpose of erecting a public jail in said county. BE it enacted by the Senate and House of Representatives, in General Assembly met, That the justices of the inferior court for the county of Greene, are hereby authorised and required to impose a proporrionate extra tax on the respective inhabitants of said county annually, for the term of two years in succession, not exceeding the one half of the annual general state tax of each inhabitant which said tax shall be collected in the same manner, and under the same restrictions, as are laid down for the collection of the general tax of this state; and the monies arising from the

Page (69)

extra tax as aforesaid, shall be appropriated for the special purpose of paying for the building a public jail in said county. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor, Assented to, 10th December, 1807. AN ACT T o authorise the commissioners of Milledgeville, to lay out lots not exceeding twenty acres each, in that part of the town tract of land (not [Illegible Text] applied to other purposes) to be leased out, also to sell more of the town lots already laid out, and for granting certain lots for an Academy, and churches or meeting houses. SEC. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the commissioners of Milledgeville, to lay out of the town tract of land (not specially applied to other purposes) three hundred acres, which shall be [Illegible Text] out into lots, [Illegible Text]

Page (70)

exceeding twenty acres each, which said lots shall be leased out by said commissioners, for a term, not exceeding seven years, which they may think most productive to the interest of the state. SEC. 2. And be it further enacted, That the said commissioners shall have power and authority at any time after the passing of this act, to sell and dispose of any number of the town lots already laid out, not exceeding forty, on the same terms, and under the same restrictions, as the lots have hitherto been sold. SEC. 3. And be it further enacted, That it shall be the duty of the commissioners to cause to be laid out, in the square already fet apart for public uses, one acre of land, for the purpose of crecting a school house or academy: And the said commissioners are authorised and required to make a deed of conveyance to the trustees herein after named, and their successors in office, for the use and benefit of said school or academy. SEC. 4. And be it further enacted, That Thompson Bird, Zachariah Lamar, Elijah Clark, John W. Devereux, and Augustin Harris, be and they are hereby appointed and declared to be trustees of the asoresaid school house or academy, and capable of forming such bye-laws and regulations, as in their judgment will tend to the promotion and advancement of the said institution, not [Illegible Text]

Page (71)

to the existing laws and constitution of [Illegible Text] state. In case of the death, resignation [Illegible Text] removal of any or either of the said [Illegible Text] in the recess of the legislature, the Governor shall fill the vacancy, subject to [Illegible Text] approved or disapproved by the next General Assembly. And whereas the promotion of religion [Illegible Text] morality, at the seat of government, [Illegible Text] object of primary importance: SEC. 5. Be it therefore enacted, That the [Illegible Text] commissioners are hereby authorised [Illegible Text], on application of any denomination of Christians, to cause to be laid out, in [Illegible Text] town, to each denomination, one acre [Illegible Text], not before disposed of, which shall [Illegible Text] and forever remain lots for the purpose of building churches or meeting [Illegible Text]. BENJ: WHITAKER, Speaker of the House of Representatives DAVID BATES, President of the [Illegible Text] . JARED [Illegible Text], Governor. Assented to 10th December, 1807. AN ACT [Illegible Text] a tax for the support of Government, for the year eighteen hundred and eight.

Page (72)

SEC. [Illegible Text]. BE it enacted, by the [Illegible Text] and House of Representaties of the state of Georgia, in General Assembly met, and by the authority of the same, That the act to raise a tax for the support of government, for the year one thousand eight hundred and five, with the amendments here, in after expressed, be, and the same is hereby declared to be in force until the meeting of the next General Assembly, and from thence [Illegible Text] the same is repealed. SEC. 2. And be it further enacted, That it shall be the duty of the receivers of tax returns, to make out three digests, and [Illegible Text] deposit one with the comptroller general [Illegible Text] heretofore, and the other two with the clerk of the inferior court; and it shall be the duty of the clerk, on application of the tax collector (he first receipting for the same to deliver one of said digests, to enable him to collect the tax therein contained. SEC. 3. And be it further enacted, That all the property of the tax collector, and his securities, of which they, or either of them were possessed at the time of entering into bond, shall be bound from the time of signing the same, for the amount which may be due the state. SEC. 4. And be it further enacted, That there shall be annually levied, collected, and paid into the treasury of this state, agreeably

Page (73)

to the manner pointed out, in and by an act of the General Assembly, entitled, An act to amend and continue in [Illegible Text] an act to [Illegible Text] a tax for the support of government for the year one thousand eight hundred and six, and until the end of the next General Assembly, and from [Illegible Text] until the same shall be repeated, passed on the quarter cents, on every hundred dollars, on the amount of the capital of any bank, or office of discount and [Illegible Text], except the Planters' Bank of the state of Georgia, to be returned in manner pointed out in and by said act, which shall be collected annually, until the same shall be repeated by law. SEC. 5. And be it further enacted, That there shall be annually levied and collected upon all stallions or covering horses, let to mares for hire, a tax equal to the season, or price of one mare let to such [Illegible Text] or covering horse. SEC. 6. And be it further enacted, That in all cases where any stallion or covering horse shall be sent into this state, to be let to mares, by citizens or persons resident without the limits of this state, it shall and may be lawful for, and it is hereby declared to be the duty of the tax collector of the county where such [Illegible Text] or [Illegible Text] horse shall be let

Page (74)

to mares, to levy and collect the said [Illegible Text] at any time after the commencement of the season, and before the close of the same. SEC. 7. And be it further enacted, Tha t it shall be the duty of all persons who shall bring any [Illegible Text] or covering horse into this state, after the first day of January next, to make a return of such horse to the clerk of the inferior court or receiver of tax returns: and on failure thereof, such person shall be subject to the same penalty as other desaulters. SEC. 8. And be it further enacted, That the sum of four dollars shall be levied on all free male negroes, [Illegible Text] or mustzoes, [Illegible Text] the age of twenty-one years, and under [Illegible Text] age of sixty, over and above the taxable property they may be [Illegible Text] of and one hundred dollars on all free persons of the above description, who may come into this state after the first day of March next for the purpose of settlement: Provided always, That is such free person shall leave the state in ten days, such tax shall be [Illegible Text]. SEC. 9. And be it further enacted, That the tax on all high river swamp and low grounds, on the south side and adjoining thereto of the Oconee river, and on the north side and adjoining thereto of the river [Illegible Text], the same assessment as, by the above recited law is levied on lands of the same quality on the north side of the Oconee; and on all [Illegible Text] [Illegible Text] and hickory land and pine land lying [Illegible Text]

Page (75)

[Illegible Text] and in the fork of said rivers Oconee and Ocmulgee, the same assessment as in the other counties of this state. SEC. 10. And be it further enacted, That it shall not be necessary for the tax collector of Chatham county, to go into each district of said county, to collect taxes, bu t t ha t t he said collector shall receive t he t axes of t ha t county in Savannah only. SEC. 11. Be it further enacted That so much of the above recited tax act, as relates to desaulters failing to make their returns being presented by the grand jury, be and the same is hereby repealed. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT To regulating and keeping in repair, the public roads, [Illegible Text] and bridges, in the counties of [Illegible Text] Jefferson, Richmond, Greene and Morgan. WHEREAS the existing law relative to the regulation and repair

Page (76)

of public roads, causeways and bridges in and for the counties of Burke, Jefferson, Richmond, Greene and Morgan and from experience found to be ineffectual: SEC. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the inferior court in and for the counties of Burke, Jefferson, Richmond, Greene and Morgan, at their first session or term held after the passing of this act, shall proceed to define and point out as many and such districts as to them shall seem meet and proper, having due regard to proportioning the said districts or divisions, so to divide the labor and expence of the roads bridges and causeways, equally among the citizens of the respective districts or divisions throughout their said counties and on application to the justices of the said inferior courts, for any new road, or any alteration in an old road, the said justices shall proceed to appoint three discreet persons refiding in the neighborhood [Illegible Text] where such road is intended to pass, who

Page (77)

shall report to the said justices, at their next term, their opinion of the propriety of such road or roads, on which report the justices aforesaid shall finally determine. And the justices of the said inferior court shall, at the same meeting when they so define and point out the districts or divisions aforesaid, appoint two or more commissioners, who shall be notified of such their appointment by the clerk of the said inferior court, within thirty days after such appointment or appointments, under the penalty of five dollars for every such default. And if any commissioner or commissioners, within ten days of the receiptos such notification, shall not make his or their resignation to some one of the justices of the inferior court aforesaid, such commissioner or commissioners shall be considered as having accepted of said appointment. And the commissioners so appointed, shall meet at the place of holding courts in said counties, on the last Saturday of the month of July in each year, and then and there proceed to apportion the hands for the several districts or divisions aforesaid, and in the case of resusal, departure, neglect or decease of any or either of such

Page (78)

commissioners, the inferior courts in the counties aforesaid, shall have power to [Illegible Text] every such vacancy; and should any commissioner or commissioners so appointed, refuse to act on such appointment, after being notified thereof by the clerk of said court, shall be liable to the fine of five dollars; but should any commissioner so appointed refuse, at any time within one year of said appointment [without good cause, to be judged of by the said inferior court] he shall be liable to the fine of thirty dollars. SEC. 2. And be it further enacted, That all male inhabitants, mulattoes and free negroes, and all male slaves from the age of sixteen to forty-five years, in the counties aforesaid, shall be and they are hereby declared to be obliged to appear with an ax, grubbing or weeding hoe, and work on the several roads, causeways and bridges, within the several districts or divisions to which such male white inhabitants, mulattoes, free negroes and male slaves, shall have been allotted pursuant to this act, or such male white inhabitants, mulattoes, free negroes, and owners, managers or employers of such negroes or male slaves,

Page (79)

[Illegible Text] be liable to the fines and penalties in this act defined and expressed. SEC. 3. And be it further enacted, That the commissioners appointed under this act, or a majority of them shall and they have hereby full power and authority to appoint one or more person or persons within their several districts or divisions, to summon all such persons as are obliged to work within the said districts or divisions, at such times of the year, and for as many days, as they may think convenient and necessary (not to exceed six days at one time, and twelve days in one year) to repair, clear and work, on the several roads, bridges and causeways, within the same; and the several owners, managers or employers of male slaves within the several divisions or districts shall, when summoned as aforesaid, deliver to the person summoning him, her or them, a list of all such male slaves, as are by this act liable to work, in writing, signed by such owner, manager or employer, under a penalty of ten dollars for a neglect thereof, which list the person summoning shall deliver to any one of the commissioners within

Page (80)

the district or division in which he [Illegible Text] appointed to summon as aforesaid. SEC. 4. And be it further enacted, [Illegible Text] every male white inhabitant, free [Illegible Text] or mulattoe, who being duly summoned [Illegible Text] work in the respective divisions or [Illegible Text] wherein such male white inhabitant, [Illegible Text] negroe or [Illegible Text] is obliged to work [Illegible Text] this act, shall neglect or refuse to obey [Illegible Text] summons, he shall for each day he shall [Illegible Text] refuse or neglect to appear and work [Illegible Text] aforesaid, forfeit a sum not exceeding [Illegible Text] dollar, and for every day the ower, [Illegible Text] or employer, of any male slaves liable to work as aforesaid, shall neglect or refuse to send such slaves to perform such work, he, she or they, shall forfeit a sum not exceeding one dollar for each [Illegible Text] And it shall be the duty of the said commissioners to appoint a time and place, and to notify the same ( provided always, That such time shall be within ten days after such period of working on the road) for hearing and determining on such excuses as may be offered by defaulters, and a majority of the commissioners convened at such time, shall have full power to

Page (81)

[Illegible Text] as aforesaid, and order executions to [Illegible Text] to any lawful constable, which executions shall be signed by two commissioners for the division or district in which the defaulter or defaulters may reside. SEC. 5. And be it further enacted, That all [Illegible Text] and penalties imposed by this act, shall be paid by the person collecting the same to the justices of the inferior court of the county where the same may accrue, to be by them appropriated for the building and keeping in repair of bridges, and effecting such objects as are embraced by this act: Provided, That this act shall not be construed to affect the jurisdiction of the city council of Augusta, over so much of the public roads in the county of Richmond, as they are entitled by law. SEC. 6. And be it further enacted, That all road laws heretofore passed, which in any way militate against this act, be and the same are hereby repealed. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor, Assented to, 10th December, 1807.

Page (82)

AN ACT T o grant certain powers to the commisioners of Pilotage and further preventing the obstruction of S avannab river. SEC. 1. BE it enacted by the S enate and House of R epresentatives in general assembly met, and it is hereby enacted by the authority of the same, That the commissioners of pilotage for the port of Savannah, shall have full power and authority to place in Savannah river certain anchors, buoys, and chains for the purpose of aiding and assisting vessels in their passage from Savannah to Five [Illegible Text] hole. SEC. 2, And be it further enacted by the authority aforesaid, That if any person or persons shall displace, cut, break, alter or destroy any of the said anchors, buoys or chains, they shall forfeit and pay the sum of three hundred dollars, to be recovered in any court of this state having jurisdiction to that amount. SEC. 3. And be it further enacted by the authority aforesaid, That from and after the passing of this act, that if any vessel shall intentionally be suffered or permitted to sink in the river Savannah between Rae's Hall and Cockspur Island, that the owner or owners, consigner or consigners, or captain of such vessel, shall forfeit and pay a fine to be assessed by the commissioners of pilotage for the port of Savannah, which they are hereby authorited to assess, not exceeding two thousand

Page (83)

dollars, to be recovered in any court of this state, having jurisdiction to that amount, and the same to be applied to the use of clearing the said river Savannah, and paid into the hands of the commissioners of pilotage for for that purpose. SEC. 4. And be it further enacted, That the said commissioners of pilotage be, and they are hereby authorised to take and receive for the use of the said anchors, buoys and chains from each vessel thatuse the same, the following sums, viz. On all ships under two hundred tons, five dollarson all above two hundred and not exceeding three hundred tons, the sum of ten dollars; and on all above three hundred tons, the sum of twelve dollars. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 10th December, 1807. AN ACT T o regulate the village of Carnesville, in the county of Franklin. SEC. 1. B E it enacted by the senate and House of Representatives of the State of Georgia in General Assembly met, and [Illegible Text]

Page (84)

the authority of the same, That Frederick [Illegible Text] Sampson Lane, Benjamin Dorsey, [Illegible Text] Jones and Andrew Williamson, be and they are hereby appointed commissioners of the said village, and they or a majority of them and their successors in office, shall have and they are hereby [Illegible Text] with full power and authority to pass all bye-laws and ordinances which they, or a majority of them may deem necessary, for the improvement and keeping in repair and good order the streets of the said village, and for the preservation of the public springs: Provided, That such bye laws and ordinances, shall not be repugnant to the [Illegible Text] and laws of this state. SEC. 2. And be it further enacted, That the power and authority vested in the said commissioners, shall not exrend to the passing of any bye-laws or ordinances, which may require corporal punishment to be inflicted (except the said corporal punishment is to be inflicted upon slaves or other persons of color) neither shall the said commissioners be authorised to impose any poll tax upon the citizens of the said village, which shall exceed the sum of two dollars in the term of one year. SEC. 3. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January, eighteen hundred and nine, on which day, and on the first Monday in January in every year thereafter,

Page (85)

between the hours of ten o'clock in the [Illegible Text] and three o'clock in the afternoon of that day, all the free male white citizens of the said village, who shall have given in their taxable property, and are entitled to vote for members of the General Assembly, shall assemble at the court-house of the said county, and by ballot elect five commissioners, who shall continue in office for the space of one year, at which election any two or more justices of the peace of the said county shall preside: Provided, That the said commissioners, after having served out the term of one year, shall be and they are hereby declared to be re-eligible to the said appointments. SEC. 4. And be it further enacted by the authority aforesaid, That the entire row or line of lots situate on the north side, and adjoining the northern street of the said village, belonging to and now occupied by Benjamin Dorsey, Dudley Jones, Andry Williamson, Polly Whitaker and Thomas Williamson, shall be and the same are hereby annexed to, and shall forever hereafter be considered as a part of the said village of Carnesville; and the aforesaid lot-holders, and those holding under them, shall enjoy the same rights and privileges, and be subject to the [Illegible Text] taxes and duties, as the persons resident, and holding

Page (86)

lots in the old part of the said village [Illegible Text] and shall be entitled or liable to. BENJ: WHITAKER, Speaker [Illegible Text] the House of Representatives. DAVID BATES, President of [Illegible Text] Senate, pro tem JARED IRWIN, Governor. Assented to, 7th December, 1807. AN ACT To suspend, for the time therein expressed, the operation of an act passed the eighth day of December, eighteen hundred and six, entitled, An act to extend the operation of the laws of this state, over the persons resident in Wofford's settlement, and to organize the same. SEC 1. BE it enacted by the Senate and House of R epresentatives of the [Illegible Text] of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, the act entitled, An act to extend the operations of the laws of this state over the persons resident in Wofford's settlement, and to organize the same, shall be and the same is hereby suspended in its operation, and the same shall not have any force or effect until the treaty, represent

Page (87)

[Illegible Text] to have been made by James Blair, as agent on the part of the United States, and James Vann and Ketahahee, as agents on the part of the Cherokee nation of Indianians, shall be approved of by the President, and ratified by the Senate of the United States, and the Governor of this [Illegible Text] shall be duly notified thereof. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro tem. JARED IRWIN, Governor. Assented to 5th December, 1807. AN ACT To amend an [Illegible Text] passed at Louisville, on the [Illegible Text] day of December, eighteen hundred and six, regulating roads in this state, so far as respects the [Illegible Text] of Glynn. SEC. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia in General assembly met, and by the authority of the same, That Charles Dewitt, Samuel Burnett, John G. [Illegible Text], Athelston D. Lawrence and John Gignilliat, be and they are hereby appointed commissioners of the road leading from Brunswick to Wayne county: and they or a majority of them shall be empowered to [Illegible Text] all the male white inhabitants,

Page (88)

free negroes, [Illegible Text], [Illegible Text] and slaves, who are liable to work [Illegible Text] roads, and are residents within the limits hereafter designated, viz. Upon Colonel's and [Illegible Text] Islands, with those on Brunswick neck, up the south side of the [Illegible Text], till it intersects the road dividing the county of Glynn from Wayne, from thence to the main Buffaloe swamp upon the said road, down the said swamp to Turtle river. And that John Thomas, Job Tyson, Thomas B. Mackennen, Robert Leach and Thomas Dover, be and they are hereby appointed commissioners on the road upon the north side of the Buffaloe, extending along the said road to the head of the Little Satilla, till it intersects the Camden road, then down the Little Satilla to Fancy Bluff, from thence to the mouth of the Buffaloe and to continue up the same, till it interfects the road on the north side of the Buffaloe at the place of beginning, and all who are subject to road duty within the said limits are liable to work upon the aforesaid road. SEC. 2. And be it further enacted, That after the above roads are completed, it shall and may be lawful for the commissioners hereafter named to lay or caused to be laid out a road from the road leading from Brunswick to Barrington across the Buffaloes to interfect at the most convenient place, the road leading from [Illegible Text] to St. Marys, and that all the inhabitants of the county [Illegible Text] to road

Page (89)

duty are hereby declared liable to work upon the same, That John Gignilliar, Thoma: Dover, Robert Leach, Samuel [Illegible Text], James Moore, Athelston D. Lawrence and James [Illegible Text], are hereby appointed Commissioners upon the said road. SEC. 3. And be it further enacted, That the white unhabitants upon St. [Illegible Text] and [Illegible Text] islands shall be subject as heretofore to road duty upon the main or he liable to a fine of fifty cents per day for every such neglect. SEC. 4 And be it further enacted, That so much of the before recited act as is repugnant to this act, be and the same is he [Illegible Text] [Illegible Text]. BENJ: WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate pra, tem. JARED IRWIN, Governor. Assented to 5th December, 1807. AN ACT to dispose of the [Illegible Text] state house, and public [Illegible Text], in the [Illegible Text] of [Illegible Text]. WEREAS by the removal of the seat of government of this state to the town of Milledgeville, the late state house in the town of [Illegible Text] has become [Illegible Text]: SEC. 1. [Illegible Text] it therefore enacted, by the Senate and House of [Illegible Text]

Page (90)

in General Assembly met, and by the authority of the same, That from and after the passing of this act, the late state house in the town of Louisville, together with the public square, and all the appurtenances thereto belonging, be and the same is hereby established, and set apart as a public arsenal, and place of deposit for all military stores, belonging to the state of Georgia. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor. Assented to, 10th December, 1807. AN ACT T o regulate the town of L exington. BE it enacted by the senate and house of Representativs of the state of Georgia is general assembly met, and it is hereby enacted: That from and after the first day of January next, the commissioners of the town of Lexington shall have full power and authority to pass such bye laws and regulations as they may deem necessary for the preservation of the health of the citizens of the said town, the security of the public buildings from fire and other accidents, and for erecting and repairing sences and palings in the [Illegible Text] town, provided, That such by laws and regulations

Page (91)

be not repugnant to the constitution and laws of the state, and that no pain or penalty therein inflicted upon any free white person shall extend to life or limb, or corporla punishment. SEC. 2. And be it further enacted, That it shall be lawful for the said commissioners to impose a tax upon all persons retailing liquors in the public square or streets of said town: provided, such tax shall not exceed five dollars for each day, such person shall retail liquors as aforesaid in lesa quantities than five gallons. BENJ: WHITAKER, Speaker of the House of R epresentatives. ROBERT WALTON, President of the S enate. JARED IRWIN, Governor. Assented to, 27th November, 1807. AN ACT T o authorise certain commissioners therein named, to run and plainly mark a line between the counties of Elbert and Franklin. WHEFEEAS the line dividing the counties of Elbert and Franklin, has never been run and plainly marked, and difficulties having already arisen for want of such running and marking, for remedy whereof. SEC. 1. Be it enacted by the senate and house of representatives of the state of Georgia in

Page (92)

general assemby met, and it is enacted by the authority of the same, That Robert Kenada, a citizen of the county of Elbert, and John Martin, a citizen of the county of Franklin shall be commissioners for, and on the part of the connties aforesaid, who shall be invested with full power and authority to run and plainly mark the said line, (that is to say) beginning on the south fork of Broad River, where the Jackson, Franklin and Elbert county lines intersect, running from thence along an old path commonly called the line path, to the north fork of Blue Stone creek; from thence a direct line to William Browns, where the road leading from Daniel ferry, to Hatton's ford on Tugalo, crosses the road leading from Elberton to Franklin court-house, so as to include said Brown's houses in Franklin county; from thence to Thomas Carter's on Lightwood-log creek; thence down said creek to the mouth thereof, which line when so run and marked, shall be held, deemed and taken hereafter as the true line of division between the said counties. SEC. 2. And be it further enacted by the authority aforesaid, That in case of the death, disability or refusal to act of either of the aforesaid commissioners, the justices of the inferior court in which the same may happen, shall immediately proceed to sell such vacancy. SEC. 3. And be it further enacted, That the [Illegible Text]

Page (93)

[Illegible Text] commissioners shall receive as a [Illegible Text] for their services, the sum of three dollars each, per day, whilst employed in running and marking said line, which said [Illegible Text] the justices of the inferior court of each of the aforesaid counties are authorised and required to pay out of their respective county funds. SEC. 4. And be it further enacted, That each of the aforesaid commissioners shall report their proceedings to their inferior courts respectively, on or before the first day of April next. SEC. 5. And be it further enacted, That all laws and parts of laws heretofore passed on that subject be and the same is hereby repealed. BENJ: WHITAKER, S peaker of the House of R epresentatives. ROBERT WALTON, President of the S enate. JARED IRWIN, Governor. Assented to 5th December, 1807. AN ACT An act to alter and amend the tenth section of the [Illegible Text] article of the Constitution. WHEREAS, the said tenth section is in the words following: `The Clerks of the superior and Inferior courts

Page (94)

[Illegible Text] be appointed in such manner as the Legislature may by law direct; shall be commissioned by the Governor, and shall continue in office during good behavior-For remedy whereof Be it enacted by the Senate and House Representatives of the State of Georgia, in general Assembly met, and by the authority of the same, That the Clerks of the Superior and Inferior courts shall be elected on the same day, as pointed [Illegible Text] by law for the election of other county officers. SEC. 2. And be it further enacted, That as soon as this bill shall be passed by two thirds of both branches of the next legislature, and be approved of by the Governor, it shall become a part of the constitution of the state of Georgia. BENJ: WHITAKER, Speaker. of the House of Representatives DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor Assented to 7th December, 1807.

Page (95)

An Act To amend an act, entitled, An act to [Illegible Text] the town of st. Mary's. SEC. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That on the second Monday in April, eighteen hundred and eight, and annually thereafter, the voters in the town of St. Mary's, entitled to vote for members of the legislature, shall assemble at the court-house, in said town, and elect five persons, to compose the council and intendant of the town of St. Mary's, each of whom shall be citizens of the United States, tweny-one years of age, possessed of a freehold estate within said town, be a resident of the state three years, and of the town at the time of their election, and continue so during his authority as intendant, or member of council, as the case may be; and any two justices of the peace for the county of Camden, intendant or members of council for said town, are hereby authorised and required to cause five days previous public notice to be given of the time

Page (96)

and place of said election, and also to [Illegible Text] [Illegible Text] the same, or appoint proper persons residing in town so to do; and when the election is closed, the superintendants are required to declare [Illegible Text] the five persons who may appear to have the highest number of votes, as duly elected; but in case of two or more candidates having an equal number of votes, then and in that case, the voters shall be notisied by the superintendants, to assemble on the day following, or any other day, not exceeding five thereafter, for the purpose of voting and determining between the doubtful candidates; and at any time within ten days after the election shall be finally closed as aforesaid, the members of council thus elected shall assemble, and by [Illegible Text] elect an intendant for said town, out of their own body, three of whom shall be present to effect a choice, and when the intendant is elected as aforesaid, the oath of office prescribed by the afore-recited act shall be administered to the intendant by some justice of the peace of Camden county, and by said intendant for each and every member of council. SEC. 2. And be it further enacted by

Page (97)

the authority aforesaid, That the said intendant and council are hereby authorised and empowered to appoint one or more inspectors and [Illegible Text] of lumber, also, one or more vendue-masters for the town aforesaid, who shall be governed by the laws of this state now in force. SEC. 3. And be it further enacted by the authority aforesaid, That should the intendant or any member of the council aforesaid, be absent from the town of St. Mary's more than sixty days successivly, (except such absentee be employed on public business) his authority as such shall [Illegible Text] and be determined, and the vacancy be filled according to the provisions of the third section of the afore recited act. SEC. 4. And be it further enacted by the authority aforesaid, That so much of the afore recited act as [Illegible Text] against this act, be and the same is hereby repealed. BEN: WHITAKER, Speaker of the House of R epresentatives. DAVID BATES, President of the S enate pro. tem. JARED IRWIN, Governor. [Illegible Text] to 10th December, 1807.

Page (98)

AN ACT To compel the Clerks to keep their offices at [Illegible Text] court-house of their respective counties, [Illegible Text] within one mile thereof. WHEREAS great inconvenience [Illegible Text] hit herto been experienced by the citizens of this state, from the great [Illegible Text] at which many of the clerks keep [Illegible Text] offices from the court-house, many [Illegible Text] and other papers, being frequently [Illegible Text] to the fair investigation of a cause in [Illegible Text] that are lodged in the office, and their [Illegible Text] necessarily delaying justice, and [Illegible Text] [Illegible Text] utterly defeating it, for remedy whereof SEC. 1. Be it enacted by the Senate and [Illegible Text] of Representatives of the state of Georgia, [Illegible Text] General Assembly met, That from and [Illegible Text] the first day of June next, it shall be [Illegible Text] duty of the clerks of the superior and inferior courts, and the clerks of the court [Illegible Text], to keep their offices, books [Illegible Text] papers, at the court-house of their respective counties, or within one mile thereof, except the counties of Glynn, Effingham, Bryan and Bulloch, and except the county [Illegible Text] Wilkinson, until the public buildings [Illegible Text] made permanent. SEC. 2. And be it further enacted, That each and every of the aid clerks, except as above excepted, shall forfeit and pay the sum [Illegible Text]

Page (99)

thirty dollars for every month they or eigher of them shall fail to comply with the requuisitions of ktheis act, to be recovered in the superio court, on motion of kthe attorney of folicitor-generasl, by attachments as for contempt, and to the considered as a part of the country funds. BEJ: WHITAKER, Speaker of the House of Representatives. DVID BATES, President of the Senate, protent JARED IRWIN, Governor. Assented to 7th December, 1807. AN ACT To alter and amend an act entitled, an act to relieve certain fortunate drawers in the late land lottery, passed at Louisville [Illegible Text] the [Illegible Text] day of December eighteen hundred and six. WHEREAS, many persons who have been fortunate drawers in the aforesaid lottery, have failed and omitted to take out their grants within the time prescribed by the said law, for remedy whereof, SEC. 1. Be it enacted by the Senate and House of Representatives of the state of Georgia in General Assembly met, and by authority of the same, That the term [Illegible Text]

Page (100)

in lieu of office fees, in [Illegible Text] of the aforesaid act, shall be and the same is hereby continued and extended to the tenth day of November next, any law to the contrary notwithstanding BENJ, [Illegible Text] Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JARED IRWIN, Governor. Assented to 5th December, 1807. AN ACT T o amend an act entitled, An Act to [Illegible Text] the [Illegible Text] [Illegible Text] of the city of [Illegible Text] SEC. 1. BE it enacted by [Illegible Text] senate and house of representatives of the state of Georgia, in general assembly met, [Illegible Text] it is [Illegible Text] by the authority of the same, That the [Illegible Text] appointed in and by the said act, shall continue in office until the first Monday in January, one thousand eight hundred and eight and no longer; and that on the said first Monday in January, one thousand eight hundred and eight, and on the first Monday in January, in each succeeding year, the new holders, or persons renting pews in the said church, shall convene at the said church, between the hours of eleven and two o'clock,

Page (101)

[Illegible Text] there elect, from among the said [Illegible Text] [Illegible Text] five sit and discreet persons, as [Illegible Text] of the said church. SEC. 2. And be it further enacted, That the [Illegible Text] trustees, and their successors in office, [Illegible Text] be invested with all manner of property, real and personal, monies, rights and [Illegible Text] whatsoever, belonging to the said Presbyterian church, and shall have, use and exercise, the same powers as given and vested in the trustees named and appointed in said act, in as full and ample manner, as the [Illegible Text] trustees, at the time of passing this act, are invested therewith, under and by virtue [Illegible Text] the act aforesaid. BENJ: WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JARED IRWIN, Governor. Assented to, 27th November, 1807. AN ACT For the better securing to the heirs of John Cobbs, deceased, a certain tract of land, purchased at the sales of consiscated property. WHEREAS on the fourth day of August, in the year of our Lord one thousand seven hundred and seventy two, a [Illegible Text] issued to Edmond Bugg, for two hundred acres of land, in the parth of Saint

Page (102)

Paul, now county of Columbia, which was conveyed by said Bugg to William Candler, and by him to William Manson, a person named in the act of confiscation and banishment: And whereas the said tract of land was sold by the commissioners of confiscated property, and under the said sale became the property of the said John Cobbs, deceased: And whereas the said grant, conveying the said land, was carried off by the said Manson; and on application to the Secretary's office of this state, it is found that the then name of the Governor of Georgia, to [Illegible Text] Sir James Wright, is not [Illegible Text] on the record book in the record of said grant, for remedy whereof SEC. 1. Be it enacted by the senate and house of representatives of the state of Georgia, in general assembly met, That a certified copy of the said grant, from the Secretary's office of this state, shall be admitted and received in all courts of judicature within this state, as conclusive evidence of title, as fully as if the record of said grant was completedany law, usage or custom to the contrary notwithstanding. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor. Assented to, 7th December, 1807.

Page (103)

AN ACT To amend an act entitled, an act [Illegible Text] the justices of the inferior court of Columbia county, to levy an extra tax, in aid to the county funds, for the purpose of building a courthouse in said county. SEC 1 BE it enacted by the senate and house of representatives of the state of Georgia, in general assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, it shall be the duty of the justices of the inferior court for the county of Columbia, or a majority of them, so soon as they, or a majority of them, may deem it expedient so to do, to proceed to the letting of the building of the said court-house to the lowest bidder, by public outery, at the place contemplated for the building of said court-house, after giving twenty days public notice, at three or more of the most public places in the county. SEC. 2. And be it further enacted by the authority aforesaid. That so much of the above recited act as militates against this act, be and the same is hereby repealed. BENJ: WHITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate pro. tem. JARED IRWIN, Governor. Assented to 5th December, 1807.

Page (104)

AN ACT To divorce and separate William Harding and Mary, bis wife. SEC. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the matrimonial connexion, or civil contract of marriage, made between William Harding and Mary, his wife, late Mary Test, shall be completely annulled, set aside and dissolved, as fully and effectually, as if no such contract had ever heretofore been made and entered into between them. SEC. 2. And be it further enacted by the authority aforesaid, That the said William Harding and Mary Harding, late Mary Test, shall in future be held as separate and distinct persons, altogether unconnected by any mystical union or civil contract whatsoever, at any time heretofore made or entered into between them. BENJ: WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. JARED IRWIN, Governor. Assented to, November 27th, 1807.

Page (105)

AN ACT To revise, amend and consolidate the several Militia laws of this state, and to adapt the same to the act of the Congress of the United States. WHEREAS the appointment of officers, and the power of training the militia of the several states, according to the discipline prescribed by Congress, is secured to them respectively by the constitution of the United states: And whereas it is evident, from the experience of ages, that to be prepared for war is the greatest security of the peace of a nation, and that a well organized and disciplined militia, ought to be considered among the first objects of a free people: SEC. 1. Be it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That when it shall be found necessary to creat any new division or brigade district, or make alteration in any of those already laid off and defined. such new definitions or alterations shall be made by the legislature, and a record made of the same in the adjutant general's office, as well as the organization of the divisions and brigades heretofore created and defined.

Page (106)

SEC. 2. And be it further enacted, That when it shall be necessary to create any new regimental, battalion or company district, or make alterations in any such as have heretofore been laid off, the commanding officers of the regiment shall convene the commanding officers of battalions and companies, at some fit and convenient place, and shall proceed to lay off, or alter any such regimental, battalion or company district or districts, which districts shall, in all cases; be designated by certain lines and bounds, and recorded by the clerk of the respective regimental courts of enquiry; but that in all creation or division of the aforesaid districts, a due regard shall be had to the number of effective men required for each corps by the militia law of the United States; and that in case of creation of any new company district, any subaltern officer or officers falling within the bounds thereof, shall hold his or their rank and grade, his or their respective commissions being made to bear the number of the said new district; and that in case of the organization of an additional acquisition of territory, the [Illegible Text], [Illegible Text] and company districts

Page (107)

[Illegible Text] shall in the first instance be defined [Illegible Text] such manner, and by such officers of the militia, as the commander in chief may order and direct. SEC. 3. And be it further enactd, That a regiment shall not contain less than two, [Illegible Text] more than three, battalions, and that in a regiment composed of two or more counties, battalion musters and battalion courts of enquiry only shall be had; and that regimental and battalion districts shall be so arranged, as not to embrace parts of two or more counties; and that the brigadier-general and field officers shall determine which several counties shall form a regiment. SEC. 4. And be it further enacted, That every division, brigade, regiment, [Illegible Text] and company district, shall be numbered throughout the state, by order of the commander in chief, in such manner, that every corps of the same denomination shall bear a different number - by which numbers every district shall be designated in the commissions of officers commanding themand that when in the field for the purpose of exercise, officers of the [Illegible Text] grades shall take rank agreeably to

Page (108)

the dates of their respective commissions [Illegible Text] respective commands following the same; [Illegible Text] being [Illegible Text] into [Illegible Text] battalions, battalions into divisions, [Illegible Text] platoon and [Illegible Text] SEC. 5. And be it further enacted, That all [Illegible Text] which [Illegible Text] happen by [Illegible Text] resignation or otherwise, of any major-general, brigadier-general or quarter master general, shall be filled by the general assembly by joint [Illegible Text] of both branches; and a list of the name or names of the person or persons, so appointed, under the signature of the president of the senate and speaker of the house of representaives, shall be transmitted to his Excellency the Governor within two days thereafter, who is hereby required to issue commissions to each and every person so appointed, within two days thereafter. SEC. 6. And be it further enacted, That when vacancies shall happen by death, [Illegible Text] or otherwise, in any company district, or where a new created district shall require officers, such officers shall be elected by the citizens liable to bear arms, within such company [Illegible Text] under the [Illegible Text] rules and restriction: The commanding

Page (109)

officer of the regiment or in counties containing but one battalion, the major commandant of such battalion shall give at least ten days public notice of the time and place of holding such election; and the election shall be held under the presidency of two or more justices of the county such company may be in, together with two freeholders belonging to said district, or a majority of them, who shall receive the ballots of all such citizens of the district as aforesaid, and make report thereof, under their hands and seals, within thirty days, to the commander in chief for the time being of the persons having the highest number of votes, together with a state of the poll for captain, lieutenant and ensign, as the case may be; and the commander in chief shall within five days after the receipt thereof, commission the persons so elected; and in the interim between the time of such election and receiving their commissions, such officers shall be fully authorized to act in all [Illegible Text] functions, by brevet from the lieutenant colonel, or in counties containing but one battalion, from the major-commandant, upon the officer or officers elected [Illegible Text] a

Page (110)

certificate from the persons superintending said election, that he or they had the highest number of votes at said election. Provided, That such election is not protested again by any person having been a candidate: And when it shall happen that in any company district the privates neglect or refuse to elect any such officer or officers to the command, it shall be the duty of the lieutenant-colonel commanding the regiment to which they belong, or in counties containing but one battalion, of the major-commandant, to nominate a fit and proper person or person, as the case may require, to take the command of said company district, until such election shall be had, and the person or persons elected are commissioned by the commander in chief, or breverted as aforesaid. SEC 7. And be it [Illegible Text] enacted, That it shall be the duty of the brigadier-generals, within thirty days after receiving information of a vacancy having occurred in any regiment within their respective brigades, by death, resignation or otherwise of the lieutenant-colonel commandant, to order a new election, and give the then commanding officer of the regiment, at least thirty days notice of the time and place when said election shall be held, who shall give each and every commissioned and brevetted officer, within such regimental district, at least twenty days notice of the same; And it shall be the [Illegible Text]

Page (111)

of the lieutenant-colonel commandant, within thirty days after receiving information of a vacancy having occur ed in any battalion district within their respective regiments, by the death, resignation or otherwise of the major, to order a new election, and to give the then commanding officer of the battalion at least thirty days notice of the time and place, when and where said election shall be held, who shall give each and every commissioned and brevetted officer within such battalion district, at least twenty days notice of the same; and any two or more captains or lieutenants, within such regimental or battalion district, as the case may be, with two or more justices of the county, not being themselves candidates, shall preside at and superintend said elections; and the said presiding officers, civil and military, shall, within thirty days thereafter, certify, under their hands and scals, the person or persons having the highest number of votes, which, together with the state of the poll, shall be transmitted to the commander in chief, who shall within ten days after such transmission, commission the person or persons so elected. SEC. 8. And be it further enacted, That each major-general, brigadier-general, and lieutenant-colonel, shall have the appointments of their own respective aids-de-camp, brigade inspectors, brigade quarter-masters, and the regimental staff, as pointed out by

Page (112)

the militia law of the United States. SEC. 9. And be it further enacted, That each and every officer appointed, or who may hereaftea be appointed, and commissioned or brevetted, (not having heretofore done the same) shall previous to entering on the duties of his office, take the following oath (to be administered by a justice of the peace, or the court of the county in which such officer resides) to wit: I -----, do swear, that I will support the constitution of this state and of the United States; and faithfully discharge the duties of ----- in the ----- of militia of the state of Georgia, to the best of my skill and judgment. So help me GOD. If the said [Illegible Text] be administered by a justice of the peace, [Illegible Text] shall be his duty to certify the same to the [Illegible Text] of his county, there to be entered on [Illegible Text] by the clerk of the inferior court. SEC. 10. And be it further enacted, That the commanding officer of companies, shall enrol every able bodied white male citizen as well aliens, between the age of eighteen and forty-five years, except such as are exempt by the laws of the United States, and this present act, residing within his district; and that in all cases of doubt, respecting the age of any person enrolled, intended to be enrolled, or pleading incapacity, to serve in any company, the party questioned shall prove his age or inability to the [Illegible Text]

Page (113)

battalion courts of enquiry, in counties containing but one battalion) within whose [Illegible Text] he may [Illegible Text], and it shall at all times [Illegible Text] be the duty of every such captain [Illegible Text] commanding officer of a company, to [Illegible Text] every such white male as aforesaid, as [Illegible Text] from time to time arrive at the age of eighteen years, and under forty-five, except [Illegible Text] before excepted, shall come to reside within his bounds, and shall without delay notify such person of the said [Illegible Text] by a proper non-commissioned officer, by whom such notice may be proven. SEC. 11. And be it further enacted, That the captain or commanding officer of each company shall divide his company as nearly equal as possible into four squads, and annually shall nominate one fit and proper person in each squad as searjant, and another fit and proper person as corporal; but in case of refusal of all or any such person to act as serjeant or [Illegible Text], the commanding officer of such company shall deposit the names of the men in each squad in [Illegible Text] [Illegible Text], and call some [Illegible Text] person to draw two names from each hat, and the person whose name shall be first [Illegible Text], shall be a serjeant, and the person whose name shall be next drawn, shall be corporal; and such persons shall beresponsible for the duties required of such non-commissioned officers by [Illegible Text] for the term of one year thereafter; but

Page (114)

such persons shall not be compelled to serve again until the names of all the other persons in the respective squads shall have been so drawn. SEC. 12. And be it further enacted, That until arms and equipments, of the description required by the militia law of the United States, can be procured in this state, by any mode which the legislature may hereafter point out, every non-commissioned officer or private in the militia in the line, shall stand bound to appear at all musters, or on all other necessary occasions, armed, equipped and provided with a firelock, in good order, and a cartridge-box or shot pouch, but all volunteer companies of light infantry, granadiers and rislemen, shall at all times be and appear at musters, or on other necessary occasions, armed, equipped and provided, as the militia law of the United States prescribes, as well as any volunteer corps of cavalry or artillery. SEC. 13. And be it further enacted, That the clothing and apparel of all infantry volunteer corps, already raised or which may hereafter be raised, in conformity to the law of Congress, shall conform to such uniform as may be established by the brigadier commanding the brigade to which they belong, in conformity to the aforesaid act of the Congress of the [Illegible Text] State; and no person belonging to the militia of the line shall, under

Page (115)

colour of enlisting into any company to be made up by volunteer enrolment, be excused from doing duty in the infantry of the line, until he shall have equipped himself for service in such volunteer company according to law, and shall have produced a certificate thereof from the commanding officer of the volunteer company to the commanding officer of the district company to which he did properly belong; and should any volunteer officer presume to give any such certificate, when the person or persons are not uniformed, he or they shall be liable to arrest, and be cashiered on due proof thereof before a court-martial: And no person having enlisted in any volunteer company, shall be permitted to withdraw himself from the same, under the penalty of ten dollars, unless in case of removal from his regimental or battalion district, to be recovered as other fines imposed by this act, upon the evidence of the commanding officer of the company from which he shall so withdraw, without having given said commanding officer ten days previous notice of his intention so to withdraw, which commanding officer shall return all such cases to the first battalion court of enquiry that shall sit thereafter; and the commissions of such volunteer corps shall designate the number of the regiment or battalion to which they are attached, and the commanding officers of the regiment or battalion, shall direct

Page (116)

how they are to be posted on regimental or battalion parades, unless differently ordered by a superior officer; and the said companies shall perform the same [Illegible Text] of duty (under their respective officers) and be subject to the same rules, regulations, penalties and orders, as the rest of the militia; and the commander in chief may order them, or any of them, out on duty as occasion may require, by entire companies; and when a district company shall not contain any greater number of effective men than what is allowed by the law of Congress, no volunteer corps shall enlist more than one eleventh man out of said [Illegible Text]; and no greater number of volunteer corps shall be commissioned hence-forward (unless it is in cases of emergency) than what the militia law of the United States prescribes to be attached to regiments and battalions. SEC. 14. And be it further enacted, That the commanding officers of companies of every description, shall muster their respective companies four times in every year, at such places within their company districts, as may be most convenient to a majority of each company, and at such times as shall be ordered by the commanding officer of the regiment (or battalion in counties containing but one battalion;) and such company musters shall be so arranged, that the commanding officer of the regiment (or battalion, [Illegible Text]

Page (117)

counties containing but one battalion) may, when to him convenient, with the adjutant of the regiment, attend all or any of them: And it shall be the duty of all commanding officers of companies, at any and every of their [Illegible Text] company musters, to take an exact account of arms, accountrements and ammunition, in [Illegible Text] of each member of his company, and shall add to such account the arms, accoutrements and ammunition in [Illegible Text] of any other person who may fill into his company from time to time, and shall make an exact return of his company to the commanding officer of the regiment or battalion review, in the form which he shall receive from such commanding officer or the adjutant, which returns shall be siled, ready to be delivered to the inspector, as he shall commence the inspection of each company. SEC. 15. And be it further enacted, That there shall be held in each regiment or county once in every year, or as the commander in chief may order, a convention of the field, staff, company and noncom [Illegible Text] officers of regiments, for the purpose of being trained and [Illegible Text]

Page (118)

by the adjutant general, in the exercises and discipline prescribed by Congress; at which said conventions all field officers shall appear in their uniform, armed with swords, and provided with their respective commissions; and all staff, company and non-commissioned officers, shall appear in their uniform, armed with firelocks and bayonets, accountred with cartouch boxes, bayonet belts and scabbards, and provided with their commissions and six blank cartridges each: And all such officers so convened shall form a company, and be subject to such orders, regulations and restrictions, as the adjutant-general may deem necessary, to teach and enforce the discipline prescribed by Congress, for a term not exceeding three days at any one meeting: That there shall be held in each [Illegible Text] or regiment, once a year, or as often as the commander in chief may order, a regimental muster, (or battalion muster in counties holding one battalion only) for the purpose of being trained and instructed by the adjutant-general, in the exercises and evolutions prescribed by Congress; and that a like convention of [Illegible Text] and company officers, and musters

Page (119)

[Illegible Text] battalions, shall be held once a year, by order of the brigadier-general, for the purpose of being trained and instructed by the brigade inspector, in the exercises and evolutions prescribed by Congress; and that the brigade inspector shall [Illegible Text] all conventions of field and company officers, regimental and battalion musters, within their respective brigades, and shall make such returns as are prescribed by the militia law of the United States. And independent of the foregoing provisions, the commanding officers of regiments and battalions shall, and are hereby ordered to have regimental and battalion musters, not exceeding once in every year; and the majors of battalions, (when there is but one battalion in any county) shall and are hereby required to have battalion musters, not exceeding two in each year. SEC. 16. And be it further enacted, That when suttlers shall attend regimental or other musters, they shall be considered under the direction of the commanding officer present, with regard to the time and place of selling liquors or other refreshments; and that it shall be lawful for said commanding officer, to grant exclusive privileges to such persons as may engage to furnish spacious and convenient places of parade; and the suttlers aforesaid shall not be liable for retailing spirituous liquors, at any of the musters aforesaid, under the law for retailing spirituous

Page (120)

liquors without license. SEC. 17. And be it further enacted, That if any by-stander shall interrupt, molest or insult any officer or soldier, while on duty at any muster, or shall be guilty of like conduct before any court or board, the commanding officer of such muster, or court or board, may consine him or them, where such offence shall or may happen, for a term not exceeding one day, nor less than six hours, during which time they shall not be allowed to drink any spirituous liquors: And if any non-commissioned officer or soldier, shall behave himself disobediently or [Illegible Text] when on duty, or before any court or board, [Illegible Text] by this act to be held, or shall leave the ranks without permission, or refuse to fall therein, when ordered, at any muster whatever, or shall appear on parade drunk, or [Illegible Text] quarrel himself, or promote any [Illegible Text] among his fellow-soldiers, such non-commissioned officer or soldier so offending, shall be disarmed and confined for the day, by order of the commanding officer present; and shall moreover be sined, at the discretion of a court of enquiry, in a sum not exceeding ten dollars, or less than two dollars, to be appropriated as other fines imposed by this act. SEC 18. And be it further enacted, That the following forseitures and penalties shall be incurred for [Illegible Text] to wit: By a licutenant-colonel

Page (121)

or commanding officer of a regiment, for failing to appear at musters, or any other necessary occasion, armed and uniformed as the law of the United States directs; for failing to take an oath, to summon any court or board, or failing to order a regimental or battalion muster; to report delinquent officers, to make return of his regiment, shall for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing to call into service any militia legally detailed to his regiment, three hundred dollars. By a major, for failing to appear at musters, or on any other necessary occasion, armed and [Illegible Text] as above; for failing to take an oath to attend any court or board, to give notice of any regimental or battalion muster, to report delinquencies or make any return, he shall forfeit and pay for each offence and [Illegible Text] a sum not exceeding thirty dollars; for failing to call forth his battalion with due dispatch, or any detachment of men or officers that may be required from time to time by the commanding officer of his regiment, or the commander in chief of the state, one hundred and fifty dollars. By a captain, for failing to appear at muster, or on any other necesiary occasion, armed and uniformed as the law directs; for failing to take an oath, to attend any court or board; to [Illegible Text] his

Page (122)

men, and take an account of their arms, accoutrements and ammunition; to appoint or draft non-commissioned officers, as directed by this act; to give notice of regimental, battalion and company musters; to cause his roll to be called and his company to be exercised; to examine his company and report delinquencies and defaults, or to make any return as required by this act; shall forfeit and pay for each and every such offence and neglect, a sum not exceeding twenty dollars: for failing to call forth such officers and men as may from time to time be legally called for from his company; or failing on such occasions to repair to the place of rendezvous, he shall forfeit and pay a sum not exceeding sixty dollars. By a subaltern officer; for failing to appear at musters or on any other necessary occasion, armed and uniformed as the law directs; for failing to take an oath, or attend any court, for each and every such offence, he shall forfeit and pay, at the discretion of the court of enquiry, a sum not exceeding ten dollars; for failing to repair to the place of rendezvous, when ordered upon any call from the commander in chief, he shall forfeit and pay a sum not exceeding fifty dollars. By a non-commissioned officer or musician; for refusing or neglecting to act as such after having been legally drafted; to give due notice to their respective squads

Page (123)

of all musters, and such of them as they are ordered to summon to courts of enquiry; for failing to attend any muster or courts of enquiry when ordered: for failing to appear properly armed and accourted at aforesaid muster; he shall forfeit and pay a sum not exceeding six dollars or less than two, for each and every such offence, at the discretion of a court of enquiry; for failing to repair to his rendezvous when legally drafted and ordered, upon any call from the commander in chief, a sum not exceeding fifty dollars. By a private soldier; for failing to attend any muster, when legally warned thereto, or failing to attend by the time appointed (which for all musters to be held throughout the state shall be by eleven o'clock in the morning) armed and accoutred as this act directs, shall forfeit and pay for each offence, a sum not exceeding three, or less than one dollar, at the diferetion of a court of enquiry; for failing to repair to his rendezvous properly armed, accoutred and equipped, when legally drafted, and ordered upon any call from the commander in chief, a sum not exceeding fifty dollars, at the discretion of a court of enquiry: Provided, That no officer of the militia shall not be fined for not appearing in uniform, until six months after he shall be commissioned. And if a non-commissioned officer shall be returned as a

Page (124)

delinquent for not appearing armed and accoutred as the law direct, the court of enquiry before whom the same shall be tried, may, if it appears reasonable, and the delinquent shall make it appear that he was unable to procure the legal equipment, [Illegible Text] the fine incurred by him; and that the fines and penalties incurred by minors and apprentices, for the breach and neglect of their duty in any particular service by law required of them, shall be paid by the parent, guardian or master. SEC. 19. And be it further enacted. That all arms, ammunition and equipments, the troopers horses and furniture of the [Illegible Text] shall be exempted from execution and [Illegible Text] at all times: and their persons from arrest and process in civil cases, while going to, continuing at, or returning from musters, and while in actual service. SEC. 20. And be it further enacted, That the distribution of orders, requiring any muster to be held, shall take in such manner, as that a lieutenant-colonel or commanding officer of a regiment, shall have notice in writing from the brigadier-general, at least thirty days before such intended muster; a major or commanding officer of a battalion, from the lieutenant-colonel or commanding officer of the regiment, at least twenty days; a captain or commanding officer of a company, from the major or commanding officer

Page (125)

of the battalion, at least fifteen days; who shall distribute all orders to their serjeants, at least ten days, and the serjeant to each person in his squad, at least three days before such musters respectively. Nevertheless, all notices publicly given by the commanding officers of companies, at their respective musters, of any subsequent muster, shall be held and deemed as legal [Illegible Text], as to all persons present at such musters; And ten days previous notice shall be served in writing, to any delinquent officer, a non commissioned officer or soldier, by the adjutant to said officers, and by serjeants to non commissioned officers and privates, of the time and place the court of enquiry shall sit; and a written or verba declaration before the court of enquiry, by said adjutant and serjeants, or any other officer or soldier, shall be sufficient evidence to such courts of such notices and services. And the commanding officers of regiments and battalions shall, at their respective regimental and battalion musters, take notice of all delinquent officers, and shall lay the same, together with the returns of delinquencies of the commanding officers of companies, at company, battalion, and regimental musters, before the court of enquiry appointed under this act, to take cognizance of and determine on them. And to each of the said returns shall be annexed the

Page (126)

following certificate, to wit: I do hereby certify, that the return [Illegible Text] annexed, contains all the [Illegible Text] which have [Illegible Text] since my last return, having duty examined the same. SEC. 21. And be it further enacted, That there shall be regimental, battalion and company courts of enquiry, to be appointed and ordered by the commanding officers of regiments, battalions and companies, for the assessment of fines incurred under this act under the following regulations: Regimental courts of enquiry shall be held within sixty days after each regimental muster, to [Illegible Text] of at least seven of the commissioned or [Illegible Text] officers of the regiment, and the senior officer present shall preside, and that all defaulters at regimental reviews and musters, shall be tried at the regimental court of enquiry which may next happen. Battalion courts of enquiry, shall be held within twenty days after each battalion muster, to consist of at least five of the commissioned or [Illegible Text] officers of the battalion, and the senior officer present, shall preside: Company courts of enquiry, shall be held at the next muster day, or within fifteen days after any company muster, to consist of a majority of the commissioned or [Illegible Text] officers of the company, and the senior officer present shall preside; Provided, That nothing

Page (127)

herein contained shall prohibit any volunteer companies from ordering and holding their own courts [Illegible Text] and courts of enquiry at their own times and places, and such courts shall be held at the regimental battalion or company muster field, as the case may be, the following oath shall be administered by one of the officers of the court, to the presiding officer, and then by the presiding officer, to the officers of the court, to wit, I. A. B. will truly and faithfully enquire into all delinquencies which appears on the reurns to be laid before me, and will assess such fives as may seem just, without favour, partiality or affection. So help me God. And such courts, when so constituted shall have power to assess fines on all delinquent officers and soldiers within the regimental, battalion, or company district, as the case may be, and the commanding officers of regiments, battalions and companies, shall have the power, upon affidavit being made, setting forth good causes to stay the levy of execution, assessed by preceding regimental, battalion or company court of enquiry, as the case may be, until the sitting of the succeeding regimental, battalion or company court of enquiry, as the case may be, who may upon the merits of the affidavit, remit the said fine or fines, if good cause appears to them to be [Illegible Text],

Page (128)

and fines, inflicted by company courts enquiry shall be levied by warrant of [Illegible Text], and sale of the offender's goods [Illegible Text] chattels under the hand and seal of [Illegible Text] presiding officer of the court, by any [Illegible Text] or constable of the district. SEC. 22. And be it further enacted, [Illegible Text] major of battalions, in counties [Illegible Text] but one battalion, be allowed to [Illegible Text] two fit and proper persons to act as [Illegible Text] and paymaster in his county, [Illegible Text] shall be appointed by the lieutenant-[Illegible Text] commandant, and which shall be [Illegible Text] constructed as to supercede the [Illegible Text] of having a regimental adjutant and [Illegible Text] master in such cases. SEC. 23. And be it further enacted, That the respective courts of enquiry, shall annually appoint by [Illegible Text] a clerk and [Illegible Text] marshal, who shall attend the courts herein before directed to be held; and it shall be the duty of such clerk to keep a fair record of all the proceedings of said court, and within [Illegible Text] days after every battalion and regimental court of enquiry, or battalion courts of enquiry in counties containing but one battalion, to make our a [Illegible Text] list of all fines assessed by such battalion or regimental courts of enquiry,

Page (129)

designating therein the captain's district in which each delinquent resides, and transmit the same to the paymaster of the regiment, who is hereby authorised to receive the fines which any delinquent may voluntarily pay, and such delinquent, upon producing the paymaster's receipt to the clerk, shall be credited therefor without any further costs or trouble; and the said clerk shall, within thirty days after every regimental court of enquiry, make [Illegible Text] warrants of distress and sale against every delinquent on whom fines have been assessed, (and who have not produced the paymaster's receipt a aforesaid) signed by himself, and countersigned by the commanding officer of the regiment, or major commandant and directed to the constable of the district in which the defaulters respectively reside, and take the constable's receipt therefor, who shall proceed to levy the same on the goods and chattels of such delinquent, and shall pay the monies so collected to the paymaster of the regiment, and make returns of such warrants to the clerk within one month after receiving the same; and shall be entitled to the same costs as are allowed by law in civil cases of equal dignity; and [Illegible Text]

Page (130)

to the same rules, restrictions and [Illegible Text] as if such warrants had been [Illegible Text] by any justices of the peace. SEC. 24. And be it further enacted, That the paymaster of a regiment previoussy to his entering on the duties herein required, shall give bond and security to the court of enquiry, for the faithful discharge of his duty under such pecuniary penalties as they may think proper. He shall keep fair accounts of the receipts and disbursements of all monies which may come into his hands by virtue of this act, which accounts shall at all times be subject to the inspection and examination of said court or of any member thereof. And all accounts [Illegible Text] by said court (or appropriations made by them) and certified by the presiding officer, shall be sufficient to [Illegible Text] the [Illegible Text] to pay the same; and should such paymaster fail to render a true and just account of all money [Illegible Text] him received, at any time when required so to do, by the court of enquiry, he shall forfeit double the sum which he so fails to account for, to be recovered by motion in the name of the commanding officer of the regiment, in any court having jurisdiction of the same, in the county where he may reside, giving said paymaster ten days previous notice of such motion; and he shall moreover

Page (131)

be dismissed from the office of paymaster of the regiment. SEC. 25. And be it further enacted, That the monies arising from fines and [Illegible Text] by virtue of this act, shall be considered as a fund to defray the expences arising under the same; to provide standards and colours for the [Illegible Text] and regiments, musical instruments for companies, ammunition for field days; and any [Illegible Text] kind of warlike arms, implements or equipage, which in the opinion of the court of enquiry, may tend to the advancement of the militia service. And moreover the court of enquiry shall, from time to time, appropriate such sums as they shall think just and right, as a compensation to their clerks and paymasters, and any other [Illegible Text] necessarily employed in [Illegible Text] the [Illegible Text] law in o effect, within the bounds of [Illegible Text] respective regiments. SEC. 26. And be it further enacted, That the [Illegible Text] in chief of the state, upon complaint of misconduct or neglect of duty, [Illegible Text] [Illegible Text] writing in the [Illegible Text] office, by five or more commissioned officers, may at his discretion, cause to be arrested any major-general, brigadier general, the adjutant or quarter-master-generals, and order a [Illegible Text] of all the other generals, field officers and captains, or so many of them (having a regard

Page (132)

to seniority) as shall amount to thirteen which court-martial shall proceed in the same way, and under the same restrictions, as is hereafter provided for the trial of field officers; Provided, The charges and specifications contained in such application shall, in the opinion of the commander in chief, be sufficient to authorise such arrest [Illegible Text] enquiry. And any major-general or [Illegible Text] general, for misconduct within their own knowledge, or upon complaint lodged in writing, by two commissioned officers, shall have power to arrest any [Illegible Text]-colonel, major of battalion, major of brigade or inspector; and the commanding officer of the division or brigade, shall order a court-martial for the trial of such licutenant-colonel, major of battalion, major of brigade or inspector, to be composed of one brigadier-general, and as many licutenant-colonels, majors and captains, as shall make up a number not less than thirteen; and such court-martial shall proceed to hear and determine on all offences against military order and decorum, and may censure, fine or [Illegible Text] such officer, which [Illegible Text] shall be final, when approved by the commander in chief of the state. And any major-general or brigadiet-general for misconduct within their own knowledge, of upon complaint looged in wfiting, by any [Illegible Text] officer, shall have power to [Illegible Text]

Page (133)

any lieutenant-colonel, major of battalion or [Illegible Text] inspector; and the commanding officer of the division or brigade shall order a [Illegible Text] for the [Illegible Text] of such lieutenant-colonel, major of battalion or brigade inspector, to be composed of one brigadier general, and as many lieutenant-colonels, [Illegible Text] and captains as shall make a number, not exceeding thirteen officers belonging to the brigade in which the [Illegible Text] [Illegible Text] [Illegible Text] And the person wishing such arrest, shall declare the charges against such officer, to him within five days [Illegible Text] such arrest, under the penalty of ten dollars for every day [Illegible Text] before the delivery thereof. And that all battalion courts of enquiry shall be held within thirty days after each battalion muster. And such courts martial shall proceed to hear and determine all [Illegible Text] [Illegible Text] military order and decorumand may [Illegible Text] sine or cashier, any officer so tried, which sentence shall be final, when approved of by the major-general, or commanding officer of the division. And before any court martial shall proceed to hear and determine on any case, they shall take the following oath, to be administered by the [Illegible Text] officer to every other member, and then by the officer next in rank to him to wit: I, do [Illegible Text] that I will well aud truly try the [Illegible Text] now before me, according to the evidence and the opinion I entertain

Page (134)

of the spirit and intention of the [Illegible Text] law of this state and of the United States; and that I will not divulge the vote or opinion of any member of this court, unless [Illegible Text] to give evidince thereof in a court of justice in a due course of law, [Illegible Text] the sentence shall be approved by the proper authority, S o help me God And for obtaining the necessary evidences for the trials aforesaid, the commander in chief of the state, or the presiding officer of the court-martial, shall issue his summons, and every person so summoned, [Illegible Text] to attend and give evidence, shall be subject to be tried by a court-martial; and if an officer, may, at the [Illegible Text] of [Illegible Text] court, be cashicred, or fined, not exceeding six month pay, as by the law of the United States allowed to such officer when in service; and if a non-commissioned officer, or soldier, or person not enrolled, to be reported to the court of enquiry of the regimental district in whose bounds he shall reside, and be then subject to such fines and penalties, as they may think proper to inflict, not exceeding twenty dollars. And all persons summoned, or called to give evidence before any court-martial, shall take the following oath, to be administered by the [Illegible Text] or judge advocate I do sware that the evidence I will give in the case now in bearing, shall be the truth, the [Illegible Text] truth, and nothing but the truthso help me God. And that when any

Page (135)

militia officer shall be cashiered, he shall not be eligible to hold any commission for the term of three years thereafter. SEC. 27. And be it further enacted, That his [Illegible Text] the governor be authorized and empowered, on an invasion or [Illegible Text], or probable prospect thereof, to call forth such a number of the [Illegible Text], and from such county or counties, and in such manner, either companies or by drafts, as he may deem proper; and for the accommodation, equipment and support of the militia so called forth, the commander in chief of the state, may appoint such quarter masters, [Illegible Text], and other staff officers, as to him shall seem properand shall [Illegible Text] take such [Illegible Text] for procuring, transporting and [Illegible Text] all orders which may be necessary. Orders for the militia to be called forth as aforesaid, shall be sent to the commanding officer of the regiment, brigade or division, with a [Illegible Text] of the place or places of rendezvous, who shall immediately take measures for [Illegible Text] the same, with the necessary number and rank of officers, by regular detail, drafts or volunteer [Illegible Text], as he may be ordered. Whenever any militia shall

Page (136)

be called forth into actual service as aforesaid, they shall be governed by the articles of war which govern the troops and the militia in the service of the United Statesand courts-martial shall be held as therein directed, to be composed of militia officers only, for the trial of any person in the militia, but to the cashiering of any officer, capital punishment of any person, the approbation of the commander in chief shall be necessary.--And when any militia shall be in actual service, they shall be allowed the same pay and rations, as are allowed by the law to the militia of the United States. If a sudden invasion should be made or any insurrection should happen in any county of this state, the commanding officer of the militia in such county, is hereby authorized and required [Illegible Text] order out the whole, or such part of the militia, as he may think necessary, and in such manner, as he may think best for repelling or suppressing such invasion or insurrection, and shall call on the commanding officer of the adjacent county, for such aid as he may think necessary; who shall forthwith, and in like manner,

Page (137)

furnish the same; and in the event of any militia ordered out by the commanding officer of a county as aforesaid, such officer shall immediately give notice of the same and the cause thereof, to the commanding officer of the brigade or division, who shall forthwith report the same to the commander in chief. SEC. 23. And be it further enacted, That major-generals, brigadier-generals, and lieutenant-colonels, be and they are hereby vested with power to employ such persons, and contract with the same at any reasonable rate, not exceeding two dollars per day, to ride express, for transmitting such orders as in their judgment may be for the good of the public service: [Illegible Text], That a day's riding for any express be not less than thirty-five miles, during the necessary time they may be actually engaged in performing such duty, to be paid by the Governor out of the contingent fund, upon their producing a certificate of the general officer so employing them: And provided also, That no [Illegible Text] [Illegible Text] by the lieutenant-colonel, shall be allowed pay, unless in case of insurrection

Page (138)

or invasion. SEC. 29. And be it further enacted, That the adjutant-general shall be allowed such pay, while in actual service, as shall be expressed in each annual appropriation law; and that in case of omission in any of said laws of such allowance, the commander in chief is hereby authorized to pay the same out of the contingent fund, at the rate of the pay, [Illegible Text] and forage, which officers of rank are allowed when in the service of the United States; the accounts of the adjutant-general for the same being first certified by a major general, or the commander in chief. SEC. 30. And be it further enacted, That his Excellency the Governor is hereby authorized to cause a sufficient number of copies of this law, together with the act of Congress more effectually to provide for the national defence, by establishing an uniform militia throughout the United States, and the act of Congress for calling forth the militia to execute the law of the Union, suppress insurrections and repel invasions, and the articles of war, to be printed and distributed throughout the

Page (139)

state, so that cvary general and field officer therein, and every brigade inspector, adjutant and [Illegible Text], may be furnished with one copy:And his excellency the Governor is moreover required to contract for a sufficient number of copies of the rules of discipline prescribed by Congress for the troops of the United States, as will furnish the commanding officers of every company throughout the state, with one copyall which shall be the property of the company, and defcend to them in the succession of captains as long as they may last. SEC. 31. And be it further enacted, That it shall be the duty of every captain or commanding officer of a company, to read, or cause to be read, in the hearing of his company, whilst on parade, at least such parts of the militia law of this state and of the United States, as relate to discipline and the preservation of good order, once in every year. SEC. 32. And be it further enacted, That officers commanding volunteer companies shall not be permitted to vote at any election

Page (140)

for a field officer, unless they should actually have thirty men in uniform, at the time of such election. SEC. 33. And be it enacted, That when any person shall be elected, and shall receive brevet or [Illegible Text], and shall resign the same before the expiration of three years from the date of his said brevet or commission, such person or persons so resigning, shall not be capable of being elected to any post or office in the militia of the state, higher in rank than fourth corporal, for the space of three years: Provided, That a removal out of the [Illegible Text] [Illegible Text] or company diftrict, shall [Illegible Text] their commission, and not subject the person so removing to the disabilities herein contained. SEC. 34. And be it further enacted, That all militia laws heretofore [Illegible Text] in this [Illegible Text] [except such as relate to patroling] be and the same are hereby repealed. BENI: WHITAKER, Speaker of the House of Representatives. JOHN FOSTER, President of the Senate, pro tem. JARED IRWIN Governor. [Illegible Text] to [Illegible Text] December, 1807.

Page (141)

AN ACT To authorise the justices of the [Illegible Text] Court of the county of [Illegible Text] in [Illegible Text] an extra tax, for the purpose of building a fail, and mahing such repairs to the Court house of said county, as they may deem necessary. SEC. 1 BE it enacted by the Senate and [Illegible Text] of Representatives of the [Illegible Text] of Georgia in General Assembly met, and it is enacted by the authority of the same, That the justices of the Inferior court of the county of Elbert, are hereby authorized to levy a proportionate extra tax on the inhabitrants of said county, annually for the term of three years in succession, not exceeding one third part of the annual general tax, which said tax shall be collected in the same manner as the general tax, out of which sum, the tax collecter shall be entitled to receive two and a half per centum [Illegible Text] his services, and the money so arising from the extra tax as aforesaid, shall be appropriated as a part of the [Illegible Text] funde, for the special purpole of building a jail and repairing the court-hot [Illegible Text] in [Illegible Text] county. SEC. 2. And be it further enacted, That the justices aforesaid, or a majority of them shall, within twelve months from the passing of

Page (142)

this act, let the said building by public [Illegible Text] to the lowest bidder, after first giving twenty days public notice of the same in three or more of the most public places in said county. SEC. 3. And be it further enacted, That the justices aforesaid are hereby authorized to contract with any person, to make such [Illegible Text] to the court-house of said county, as they may deem necessary. SEC. 4. And be it further enacted, That the justices aforesaid are hereby authorized to [Illegible Text] the said jail to be built on such plan, and of such dimension as they may deem most convenient. BENJ: WHITAKER, Speaker of the House of R epresentatives. DAVID BATES, President of the S enate, pro tem. JARED IRWIN, Governor. Assented to 5th December, 1807.

Page (143)

AN ACT To alter and amend an act to authorise the justices of the inferior court of Hancock county, to levy an extra tax, for the purpose of building a new jail, and making such repairs to the court-house of said county, as may appear necessary. WHEREAS the interventions of accident misfortune has rendered the tax contemplated by the before recited act, inadequate to the purposes for which it was intended: SEC. I. Be it therefore enacted by the S enate and House of R epresentatives, in General Assembly met, That the justices of the inferior court of Hancock county shall be, and they are hereby authorised to levy an extra tax, not exceeding one half of the general tax, on all persons and property subject to taxation in said county, for the purpose of building a court-house and jail, provided the said levy shall not continue more than three years. SEC. 2. And be it further enacted, That any clause in the before recited act, which militates against this act be, and the same is hereby [Illegible Text]. BENJ: WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, PreF0dent of the S enate. JARED IRWIN, Governor. Assented to 5th December, 1807.

Page (141)

AN ACT To alter the name of Jesse Daniel Austin, to that of Jesse Daniel. WHEREAS Jesse Daniel Austin, a minor, by his next friend, James Barrow, hath petitioned this legislature to alter the name of the said Jesse Daniel Austin, to that of Jesse Daniel: SEC. 1. Be it enacted by the Senate and House of R epresentative of the state of Georgia, in General Assembly met, and it is hereby enacted, That from and immediately after the passing of this act, the said Jesse Daniel Austin, shall be known and called by the name of Jesse Daniel. BENJ: WHITAKER, S peaker of the House of R epresentatives. ROBERT WALTON, President of the S enate. JARED IRWIN, Governor. Assented to 27th November, 1807.

Page 147

[UNK] On a re-examination of the printed laws of November and December session, 1807, with the engrossed copies the Secretary of State's Office, the following errors have occurred, in addition to those contained in the errata [Illegible Text] by a committee of the last legislature, viz. [Illegible Text] 23, for `10th' read 7th, in the date of the law. 49 for `John Foster, President of the Senate, pro tem.' read, Robert Walton, President of Senate 57 for `10th December,' read 5th, in the date of the law. line 24th, for `new,' read now. 59 line 12th, the words `to be called the St. Mary's lottery', omitted. line 23d, the word `full' omitted. 60 for `7th of December,' read 10th, in the date of the law. 65 line 23, the words `the times of holding the,' omitted. 89 line 18, the words `pro tem.' incorrectly inserted. 90 line 17, the words `to amend an act, entitled an act,' omitted. 92 line 30, for `sell,' read fill. 128 line 14, for `constructed,' read construed. line 18, the word `regimental,' omitted. [Illegible Text] line 9, for `exceeding,' read less than. [Illegible Text] line 21, for `David Bates, President of Senate, pro tem.' read Robert [Illegible Text], [Illegible Text] of [Illegible Text].